Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-12-04

wish. IL IL not question uf individual,
or class, or section interest, much less OF
party predomlnancc. but of duty. of high
aud sacred duty, which we are all sworn
to perform. Ii VIC cannot support the
constitution with the cheerful alserity Of
those who love and believe in il, we must
give TO it at least the fidelity of public
servants, who set under solemn obligations
and commands, which they dare not dis
regard. Constitutional duty Is not only
one which requires States TO be rest oreri
there is another consid, ration VIII eli,
though Of minor importanc', is yet If
great weight. On the eel day Of July,
1861, Congress declared, by an almo.t
Unanimous vote Of both houses, that the
war should be conducted solely for the
purpose Of preserving the Union and
maintaining the supremacy of the federal
constitution and laws, without impairing
the dignity, equality and rights OF the
States or individuals, and that when this
was done the war should cease. do not
FAY that this declaration 10 personally
binding on those who joined in making
it any more than individual members of
Congress are personally bound to pay a
they voted; but it was u solemn public OF.
fetal pledge Of national honor, and ]
can't imagine upon what grounds the re-
pudialion of il is TO be justified. III II be
said that we are not bound ~ keep faith
with rebels, let il bc rcut INBRED that tins
promise WAS not made TO rebels only.
Thousands IF tried men IN the South were
drawn to our standard by it, aud hun
areds Of thousands in the Moth 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
fonght aud lost. All patriotic and intel
ligcnt men then saw the necessity OF Civ
ing such an assurance, and believing that
without it war would end in disaster to
our cause. Having given that assurance
in the extremity OF our peril. violating 1t
now in the day Of our power would be a
rude rcndlng OF that good faith which
holds the moral world together Our
country would cease To have any claim
upon the confidence cf men. 1t would
make the war not only failure, but a
fraud.
Being sincerely convinced that these
views are correct, would he unfaithful
To my iuty IL did not recommend re
peal of the acts of Congress which place
ten Of the Southern States under the dom
ination Of military masters II calm re-
Election shall satisfy majority of your
honorable bodies that the acts referred to
are not only violation of the national
faith, but IN direct conflict with Constitu
ton, dare not permit myself to doubt
that YOU will Immediately strike them
from the statute book To demons rate
the unconstitutional character Of those
acts, need do no more than refer TO their
general professions. It must be seen ms
once that they are not authorized TO die
tate what attentions shall be made in the
constitutions OF the several States To CON
troll the elections of State Legislators and
State officers, members of Congress and
electors of President and Vice President,
by arbitrarily declaring who shall vote and
vino shall be excluded from that privi-
iege; to dissolve State Legislatures or pre-
vent them from assembling; to dismiss
Judges and other civil funtionaries of
State, and appoint others without regard
t. State law; to rcorganze and operate all
thepulitlcal machinery of States; torcgulatc
the whole administration OF their domestic
aud local affairs according to the mere
will Of strange aud irresponsible agents
sent among them for that purpose; these
are powers not granted to tho Federal
Government, or to any one OF its branch
es. Not beng granted, we violate our
trust 10y assuming them as palpahly as we
would By acting in the face Of positive
interlict, for tile Constitution forbds us
to do whatever il does not Automatically
authorize either 10y express words or by
clear implication. II the authority We
d,siro To use does not come 10 us through
the constitution. we can receive il only
by u-urpa'ion, and usnrpaiion Is the most
dangerous of political crimes. BY that
crime the enemies of free government in
all ages have worked out their DE- signs
against public liberty and private right
1t leads directly aui immediltely to the
establishment Of absolute rule for undele.
gated powc-, and Is always unlimited and
unrcsirained
The acts ni Congress in question are not
oniy Objectionable Tor their assumption If
augmented power, but many OF their PROV
sions are IN conflict with direct prohibitions
~ the government. fIe institution com
mauua That a republic IN iOrm Of govern.
ment shall he ruarartte ed To all States
that no person shall be deprived OF lie lib
ottv or property. without due process Il
law arrested without y Judicial warrant or
punished without lair trial before an inn
partial igrv that the privilege ei htbed.
corpus stall lot bc denied in time uf peace
ana that no bill ot atiainler shall be vassed
even against single citi1 n YET The sys
tom at measures established by these acts of
Congress does totally sIbvert End DESTROY
toim rs well as substance of a republican
government in ten States 10 which they AZ.
ply II binds them hand aud foot in ahsu
lutte slavery, and subjects them to a strange
aud hostile power more unlimited and more
kelly to b. abused than any other now
known nmong civilized men. Ii trampes
down all these rights in which the essence
OF liberty consists, and which free govern
ment i, always most careful TO protec.; it
denies the kibsds corpus and the trial by
jury, personal freedom. property and life, IL
assaiied by passion, prejudice or in
capacity OF ruler, have no security what
ever; 1t has the elect of bin Of
attalnder or bill of pains and penalties,
not upon few individuals, but
upon whole masses. including millions
who inhabit subjected States, and even
their unborn children. These wrongs
being expressly forbidden. cannot be con.
stitutiolally inflicted upon any portion Of
our people, no matter how they may have
come within our jurisdiction, and no mat
ter whether they live in the States, Terri
tories or District. have no desire to
save from the proper and just conseq uences
of their great crime those who engaged in
the rebellion against the government hut
as mode of punishment the measures
under consideration are the most unrca-
sonablc that could be invented. Many Of
these people are perfectly innocent; many
kept their fidelity 20 the Union untainted
TO the last; many were incapable of any
lega offence; large portion even Of the
persons able to bear ARMS were forced into
rebellion against their will. and Of those
who are guilty with their own consent,
the degrees Of guilt are az various as the
shades Of their character and temper But
these acts of Congress coniound them all
together in one common doom indiscrim.
inately. Vengeance upon classes. sects
and parties, or upon whole communities,
Tor offences committed by q portion Of
them against the government to which
they owed obedience, was common in the
barbarous ages of the world. but Chris.
tiaoity and civilization have made sucb
progress that recourse to Punishment So
cruel and unjust would meet with the
Of all unparalleled and
- IA ex.yo Id es-x.