The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-03-12

The Parliament of England, exercising {
he omnipotent powerwhich it claimed was
accustomed to pass bills Of attainder, hat '
is to say, it would convict men of treason !
and other crimes by legislative enactment.
The person accused had hearing ng-some-
times a patient and fair one-but gene
rally party prejudices prevailed instead of
Justice. 1t often became necessary for
Parliament to acknowledge its error and
reverse its own action. The fathers of
our country determined that no such
thing should occur here; they withheldt
the power from Congress, and thus for
bade its exercise by that body, and they
provided in the Constitution that no
State should pass any bill Of attainder.
1t is therefore impossible for any per
son in this country to be constltutlonaliy
convicted or punished for any crime by a
legislative proceeding of any sort. New
ertheless, here is bill of attainder
against nine millions of people. 1t is
based upon an accusation SO vague as to
be scarcely intelligible and found to be
true upon no creditable evidence. Not
one of the nine millions was heard in, his
own defense. The representatives OF the
doomed parties were excluded from all
participation in the trial, and the convic-
ton is to be followed by the most igno-
minious punishment ever inflicted on large
masses of men. 1t DISTINGUISHES them by
hundreds Of thousands, and degrades
them all-even those who are admitted
to be guiltless-from the rank OF free
men to the condition of slaves.
The purpose and object Of the bill and
the general intent which pervades it from
beginning to end, is to change sthe entire
structure and character of the State Gov
ernments, and compel them by force to
the adoption of an organic law and regu-
Ilation which they are unwilling to adopt,
if left to themselves.
The negroes had not asked for the
privilege of voting. The vast majority
of them have no idea of what it means
This bill not only thrusts it into their
J hands, but compeIs them as well as whites
to use it in particular way. If they do
not form Constitution, with prescribed
articles in it, and afterward elect Leg,
: islature which will act upon certain meas
ures in prescribed way, neither blacks
6 nor whites can be relieved from the sla
: very which the bill imposes on them.
: Without pausing here to consider th'
: policy or impolicy of Africanizing thu
: Southern part Of our territory, woult
$ simply ask the attention of Congress y
: that manifest, well known and UNIVERSAL.
n acknowledged rule of Constitutional law
g which declares that the Federal Govern
n ment has no jurisdiction, authority o
# power to regulate such subjects for an.
J. State, or to force the right of suffrag
II out of the hands Of white people, and In
to the hands of negroes.
e In an arbitrary violation of this prin
n ciple, this bill imposes martial law q
i once, and its operation will be begun a
il soon as the General and his troops ca
of be placed, The dread alternative betwee
a. its harsh rule and compliance with th
lie terms of this. measure is not suspende
le nor are the people afforded any time IL
D. free deliberation. The bill says to ther
take martial law first, and then deliberat
rt and when they have done all that tn
to measure requires them to do, other cond
e, tions and contingencies over which the
ed have no control, yet remain to be fulfill.
N, before they can be relieved from marti
law.
of Another Congress must first appro
u the Constitution made in conformity WI
er the will of this Congress, and must d
,r- clare those States entitled to represent
is ton in both Houses. The whole que
lal tion remains open and unsettled and mt
sa- again occupy the attention of Congre
,u- and in the meantime the agitation Will
I'll now prevails will continue to disturb
to portions of the people.
to The bill denies the legality of the Gt
try ernnents of the ten States which partl
it pated in the ratification of the amer
ery ment to the Federal Constitution aboli:
has ing slavery forever within the jurlsdlctl
ig- of the United States, and practically
his cludes them from the Union.
E is IF this assumption Of the bill be
nay rect, their concurrence cannot be cons
an cred as having been legally given, q
are the important fact is made to appear
and the consent of three -fourths of the Sta
lier the requisite number, has not been 9
are stitutionally obtained to the ratifcat
t is of that amendment, thus leaving the qu
ON tion Of slavery where it stood before
out, amendment was officially declared
and have become part of the Constitutio
,iti- That the measure proposed by this
le6- violates the Constitution in the partlcl
pos mentioned, and in many ways is toe G.
be. to admit of the least doubt. 1t only
ton mains to consider whether the injunctl
un. of the instrument ought to be obeyee
hall not. I think they ought to be obeyed
hall reasons which I will proceed to give
briefly as possible.
rest In the first place, it is the only sys
rant of free government which We can hop
hor- have as nation. When it ceases to
cas- the rule of our conduct, we may perl
Con- take our choice between complete anaI
/ be and consolidated monarchy, and
wise dissolution Of the Union. But natl
It by liberty, regulated by law,will have pa
per- beyond our reach.
m es It is the best form of Government
lent. world ever saw No other is or cal
rson so we'll adapted to the genius, habit
rop- wants of the American people, ,combl
This the strength of the great empire with
and unspeakable blessings of local self
per- ernment; having central power TO de