The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-12-04

Tie hU6llly VI puU4iC SCI hdu1o WAO
act under solemn obligations and
manas which they dare, net dis
regard j ; = p - g - -
The constitutional duty is nots the
only one which requires the States to
be restored. There is another con-
sideratioh which, though Of minor
is yet of great weight.
On the I'D ofnJuly, 1861, Congress
declared by an almost unanimous vote
of both Houses, that the war should
be conducted solely for the purpose
of preserving, the Union and main
tanning the supremacy of che Federal
Constitution and laws. without affect
ing the dignity, equality and rights of
States or individuals; aud that when
this was done the war should cease.
I do not say that this declaration is
personally binding on those who
Joined in making 1T. any more than
individual members of Congress are
personally bound to pay a public
debt created under law for which
they voted, but it was asolemn public
official pledge of national honor, and
| cannot imagine upon what grounds
the Reputation Qfit is to be justified.
If it be said that we are not bound TO
keep faith with rebels, lett be remem-
bred that this promise was not made
to rebels only. Thousands Of Union
men in the South were drawn to our
standard by it, and hundreds of thou
sands in the North gave their lives in
the belief that it would be carried out.
1t was made on the day after the first
great battle of the war had been
fought and lost. All patriotic and
intelligent men then. saw the necessi-,
ty of giving such an assurance, be-
heviug that without it the war would
end in disaster to our cause. Having
given that assurance in the extremity
of our peril. the violation of it now,
in the day of our power, would be a
rude rendering of that good faith.
which holds the moral world together.
Our country would cease to have any
claim upon the confidence of men. 1t
would make the war not only fail.
ure, but fraud. Being sincerely
convinced that these vieWs.are correct,
| would be unfaithfui to my duty if [
did not recommend the repeal of the
acts of Congress, which place ten of
the Southern States under the domi-
nation of military masters. IF calm
reflection shall satisfy a majority of
your honorable bodies that the
acts referred to are not only a viola
ton of national faith. but in di-
rect conflict with the Constitution,
dare not permit myself to doubt
that you will Immediately strike them
from the statute book. To demon
strate the Unconstitutional character
of those acts, need do no more than
refer to this general provision. II
must be seen at once that they are
not authorized to dictate what altera-
tons shall be made in the constitu-
tons of the several States to- control
elections of State legislators, State
officers, Members of Congress. eand
Electors efPresident aud Vice Presi-
dent, by. arbitrarily declaring who
shall vote and who 1shalF be excluded
from that privilege; to dissolve State
Legislatures or prevent them from
assembling; to dismiss Judges and
other civil functionaries of the State,
and appoint others without regard to
State law; to organize and operate all
the political machinery OF. the States |;
ito regulate the whole administration
Of their domestic and local affairs ac.
cording to the mere viii of strange
and irresponsible agents sent among
them for that purpose. These are
powers not granted to the Federal
Government Or to any one. of ito
branches. Not being granted, We
violate our trust g by i assuming
them as .palpably as we would by act
ing IN the face of a positive iRferdict,
for the Constitution forbids us to do
whatever it does not af6rmasiyely au-
Ithorize, either by express wordsfor
by clear implication If authority
we desire to use does not come to us
through the Constitution, we can ex-
ercise it only by usurDatiOn, and
usurpation is the most dangerous of
political crimes. By that crime the
enemies Of free government, in all
ages, have worked out their designs
against public liberty. and private
right. It leads directly and immedi-
sately to the ablishment Of an al
solute rule, for undelegated power. is
always unlimited and unrestrained.
The acts of Congress in question are
not only Objectionable for their as
sumption of ungranted power, but
many Of their provisions are in con-
fict with direct prohibitions of the
Constitution, which commands that a
republican form of government shall
be guaranteed to all the States; that
no person shall be deprived of life,
liberty, or property, without due pro-
cess of law; arrested without judi
cial warrant, CIR punished without a
fair trial before an impartial jury
that the privilege Of habeas corpus
shall not be denied in time of peace
and that no bill of attainder shall be