The New York herald., 1867-03-03

L INFAMOUS
soldier answersble Tor all crimes and all charges
% any pssssntnsn IN. constitution @ tuition declares
process Of law and makes the citizen snswerabs in his
bis life to the viii Of two o. Finally. the constitution
declares that "the privilege Of the writ Of habeas
in case Of rebellion or invasion, the public
safety may require it whereas this bill declares
and shs military . max. the
and gives to the prisoner only one privilege and that
trial "without unnecessary delay" he has no hope
Of release By acquitts before military commission.
The United States arc bound 70 guarantee to each State
that this Obligation Is not palpaby broken carry
out measure like this, which wipes away every vestgs
m sea s ss Pds y .sc
Of these under the domination Of single person,
clothed with unlimited authorys The Parliament Of Eng
was accustomed 70 pass bills Of sttandsr-tha 70 Az
II would convict men Of treason and other crimes BY
hsarns sometmss pstient ana fair one but generally
party prejudice prevailed instead Of justice II otsn be-
came necessary for Parliament 10 acknowledge It's
and reverse It's action The fathers OF country
determined that such thing should here They
withheld the power from Congress and thus forbade It's
tuition that state should pass any Mi Of sttsnder
| II therefore impossible for any person In this
S % -. e ss. ss..ss sscSss :. otDs: pun
inS Of any sort Nevertheless, here Is bin q
| sttandsr against nine millions Of people ct escs.
Il II based ub6n accusation vague - 70 DO scarcely
ineligible and focud 70 be true upon credible evi.
dence. Not Of the uns millions was beard !: ns
own defence. The representatives Of the doomed par
trial. The conviction is to b followed by tho
most ignominious punishment eve. innic!ed upon
hunseds Of thousands and assraass them Al.
even those who are admitted TO be suItIsss,
from the rank Of feemen 70 the conditions q
intent which prevails from beginning 10 end, Is 70
change tho entire structure and character Of the State
governments and to compel them by force to the adop
ton Of organic laws and regulations which they
willing to adopt II left to themselves
ane negross nave MOI asked ,or sne 2vsgs voting
This bill only thrusts 1t into their hands, but
pes them as we'll as the whites TO use II in particular
way If they do not form constitution with prescribed
articles In IT, and afterwards elect legislature which
will act upon certain measures in prescribed way,
slavery which the bill imposes upon them. Without
pausing here to consider the policy impolicy Of
simply ask the attention Of Congress manifest
well-known and universally acknowledged rule Of con.
s.unSnai iaw when declares tnst the federal govern
such subjects for State To force the right of suf
age out Of the hands OF the white people and into the
hands OF the negroes is arbitrary violation Of this
principle This bill imposes martial law 1t once and its
operations viii begin so soon as the General and his
troops can be put in place The dread alternative be-
tween its harsh rule and compliance with the terms of
this measure is not suspended nor are the people
afforded any time for free deberation The bill says to
them, take martial law frst then deliberate and when
they have done ali that this measure requires them TO
do other conditions and contingencies over which they
have control yet to be fulfilled before they
can be relieved from martial law Another Congress
must first approve the constitutions made in conformity
with the VIII OF this Congress- and must declare these
states entitled to representation in both houses. The
whole question thus remains open and unsettled aud
must again occupy the attention OF Congress- and in The
meantime the agitation which prevails will con-
tinue to disturb all portions Of the people
The bill also denies the legality OF the Of
Of States which participated the ratification
the amendment to the federal constitution abolshog
sss.es and uraccs'v excludes .bem from tns unoo
II this assumption OF the bill be their
cannot be considered having been legally given
and the important fact Ia made to appear thar the
OF three-fourths OF the States-thc requisite
berhas not been constitutionay obtained to the rain
cation OF that amendment thus leaving the question OF
slavery where II stood before the amendment
officially declared TO have become part Of the cousttu
That the measures proposed by this bill violate the
constitution in the particulars mentioned, and In many
admit Of the least doubt 1t only remains to consider
whether the injunctons OF the instrument ought
obesed, for reasons which viii proceed to give as
briefly possible In the first place, It Is the only
system Of free government which we can hope tohave
as nation; when it ceases 10 be the rule OF our
conduct we may, perhaps, take our choce boz
tween complete anarchy, consolidated despo-
national liberty, regulated by Law, viii have passed
yond reach Il frame Of government the
to the genius, habits OF the American people,
combining the strength OF the great empire with the
u
central power to defend the general and
cognzng the authority Of the States as the guardians Of
abros and oar o %
was ordained 10 .form q more perfect union,
establish justice insure domestic tranquility promote
the general we fare provide the common defence
and the blessings Of liberty ourselves and
pos,erty These great ends have been attained here
tofore and III be again by faithful obedience IT. bat
they cerain be lost IL treat with disregard its
sacred obligations II was TO punish the gross crime Of
defying the constitution and TO vindicate supreme
durato Shall acknowledge that sacrificed
q million OF lives and expended billions OF treasure
enforce constitution which is worthy st respect
and preservaona Those who advocated tho right Of
secession alleged In their justification that we had
regard that their rights Of property, life
and liberty would not be safe under the constitution
administered by II we now verify their assertion
prove that they in truth and Ia fact fghne for
their liberty and instead OF branding their leaders with
the dshonorng Of traitors against righteous and
legal government elevate them In history TO the rank
Of sefsacrihcing patriots, them to the ac
miraon Of the world and place them by the side OF
washington Hampden and sydney. NO; let US leave
them the infamy they deserve-punsh them they
should be punished according 10 law and take upon our
selves shnre OF the odium which they should bear
alCne. II part OF our history which can nevcr be
forgotten both houses OF Congress In July, 1861
cared, In the form of solemn resolution that tho
and should be carried for purpose OF subjugaton
bot solely TO enforce constitution and laws that
when this yielded by the parties In rebellion the
Se snS Of nvauas unmred This so
ton adopted and sent forth to the world uDan
mousy BY the Senate and with only two dissenting
VOICES
the Union in the South well Ia the North
pressing honestly and truly the object Of the war. On
the faith Of many thousands Of persons in both Sec
tons gave their lives and their fortunes to tho cause
To repudiate by refusing 10 the States and 10 the
individuals within them the rights which the consttu
tion and laws Of the Union would 10 them is
breach Of plightod honor for which can imagine
excuse and TO which cannot voluntarily become
party.
The evils which spring from this unsettled state OF our
government will be acknowledged by ALL Commercial
intercourse mpeded, capital is In constant peril, pub
lie securities nuctuate In value peace itself is not
cure, and the Of moral and political duty Is inn
paired. To these caamcs from the country IL is
imperatvey required that should Immediately de-
eide upon some Of administration which can be
steadfasty adhered TO. l thoroughly con-
vinced that any settlement compromise or plan
Of action which Ii Inconsistent with the principles
OF the constitution will not only be unayailing,
but mischievous; that IL will but multiply the
present evils instead removing them The constitu
ton In its whole integrity and vigor, throughout the
length and breadth Of the land the best Of all compro
misses. Besides, duty does not In my Judgment,
leave . choice between that and any other believe