Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-03


deciarst,Dn IL personally binding on those who
toined In making it, Any more than individual
M. moers of Congress are personally Bound 10
pay public aebt created under Law for
which they voted. Nut il wac a solemn,
public, o1icial pledge of the NATIONAL
bonor. and cannot imagine upon
what ground the r~pIdiation OF IL is TO De
justified. II it be said that we are no, bound
10 Keep faith with rebels, let II be remen bered
nat this promise was no. made 70 rebels only
Thousands Of true men in the South were
thousands in the North gave their lives iu the
belief that IL would b. carried ont II was
made on the day after the fret great battle Of
the war b sd been fought and lost. All pa;r.-
etc and Intelligent men then saw the neees-
sIty Of giving sucn an assurance an tel wed
that wiihout IL the war would end ia disaster
to our cause Having given that assurance in
h. extremity OF our peril, the violation or 1t
now, IN tia day OF 0pr power, would be a rude
raj world together; our country would cease
10 have any claim ppoL TIE confidence OF men:
u would make the war not only failure, but
> fraud
Being sincerely convinced tha. these views
are corTee,, would b. unfdithiul 20 ny du;y
Il aid Dot recommend the repeal OF the ac,s
OF Congress which place ten OF The Southerp
states under the domination OF military mas
tiers. II calm reflection seall safety MAJOR
Iiy OF yeur honorable bodies that the arfs re-
fsrTed 10 are not only violation OF the national
fsiIh, tnt In d rect conflict with the Don stitu-
tiop, oare not permit myself TO doubt that
you will Immediately strike them from the
statute hook.
To demonstrate the UNCONSTITUTIONAL char
acter OF those acts, / need do no more Than
refer 10 their general provisions. II must be
seen a. once that they are not authorized. To
dictate what alterations shall be made in the
Constructions Of the several States; TO control
the elections of State legislators and State Of
fcers, members OF Congress anu electors or
President and Vice President, by arbitrarily
declaring whe shall vote an who shall be eI-
cluded from that privrege: TO dissolve State
Legislatures or prevent them from assem-.
bling; TO dismiss judges and other civil func-
tioparies Of the State, and TO appoint others
without regard TO State law: to or ganize and
operate all the political machinery OF the
states: to regulate the whole admisistra-
according 10 the mere will of strange
and irresponsible agents, sent among
tbeE for that purpose-these are powers not
granted 10 the Federal Government or to any
one OF its branches. Not being granted, we
violate our trust BY assuming them as palpa-
DIV rs we would by acting in the face OF q
us TO do whatever il does not affirmauvely au-
thorLze either by express words or by clear I'M
plication. II the authority we desire TO use
does not come TO N through the Constit tutIon,
we can exercise il only by usurpauon; and
usurpahon is the most dangerous OF political
crimes BY that crime the enemies of free
government in all ages have worked out the II
designs against public liberty and private
right II leads directly and immediately to
the establishment of absolute rule; 1or nm.
deleested power is always unlimited and un-
The acis OF Congress In question are not only
Objectionable for their assumption of migrant
ed power, but many OF their provisions are in
conflict with the direct prohibitions of the
Constitution. The Consti,utisn commands
that q republican form of government shall be
guaranteed 20 all the States; that no person
snail be deprived OF h!e, liberty, or properly
without due process OF law. arrested without
a judicial warrant or punished without q fair
trlal before IN impartial jury: that the privil-
sge OF hdbso. eorpus shall not be denied in time
n a Qlnr hal k~a
passed even against single indi viduaI. Yet
the system of meas sures established by these
siroy the form a. well as the substance of re-
publican government in The ten States u
" hich they apply. IL binds them hand and
foot in absolute slavery. and sublec,s them 70 a
strange and hostile power, more Unlimited and
more likely to be abused than any other
now known among civilized men. IL tram
pies down all those rights in which the es-
senee Of liberty consists, and which a free
government Is always most careful to protect
Ii denies the hotsdS corpus and the trial by
lnry. Personal freedom, property, and life,
the rapacity OF the ruler, have no security
whatever. 1t has the effect OF a bill of attain.
der, or bill OF pains and penalties. not upon a
few individuals, but upon whole masses in
eluding the millions who inhabit the subject
states, and even their unborn children. These
wrongs, being expressly forbidden. cannot be
constitutionally inflicted upon any portion OF
our people. no matter how they may have
come within our jurisdiction, and no matter
whether they live In States, Territories, or
districts.
have % desire to save from the proper and
Just consequences OF their great crime those
who engaged in rebellion against the Govern
menf; but as mode OF punishment the meas
uIes under consideration are the most reasona-
bic that could be invented. Many Of those
people are perfectly innocent; many kept their
fdeIity 10 the Union antainted to the last;
large proportion 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 as
various as the shades OF their character and
temper. But these acts of Congress confound
them all together In one common doom. In
and parties, or upon whole communities, for
offences committed by portion of them
against the governments TO which they owed
obedience, was common in the barbarous
CIVILIZATION have made such progress that re-
course 10 punishment so cruel and
urJusr would meet with the con-
demnaiion OF all unprejudiced and
right-minded men. The punIiive justice of
thIs age. and especially OF this country, does
not consist in stripping whole States Of their
liberties, and reducing all their people, with
cut distinction, to the condition of slavery. i,
deals separately with each Individual. confines
itself 10 the forms Of law, and yindieates its
own purity by an impartial examination Of
every case before com peteBt judicial tribu-
nal If This does not satisfy all our desires
wIh regard 70 Southern rebels, let us console
ourselves by renecung that free Constitution,
triumphant in war and nnbroken IN peace, Is
worth far more 20 us and our children than
the qualification OF any present feeling.
i am aware II is suped that this system Of
government for the Southe States is not to
he perpetual. 1t lie true this military govern
ment is 10 be only pro visional, but II IS through
this temporary evil that greater evil is TO be
made perpetual II the guarantees of the Con
su'Gtion can be broken Professionally 20 serve
temporary purpose, and in part only OF the
country. We can destroy Them eyery W here and
for all Iime Arbitrary measures ofteu Change
but they generally change for the worse III
is the curse OF Sespoiism that IL has no halt
ing place. The intermitted exercise of its
power brings no sense OF security 20 rs sub
Iects: for they car never know wnat more they
Will he called 20 endure when it, red right
hand Is armed 20 plague them again Nor is
II possible 10 con lecture how or where power
unrestraIned by law, may seek It's next vic
tins. The States that are still free nav be en-
shaved 81 any momeni for IL the Constitution
does not protect all, II prorec Is none.
IL Is manifestly and ayovedly the object or
THESE laws to confer upon the negroes the pm
vnege OF voting, ana TO disfranchise such q
number OF white citizens as will give the for.
mer clear majority at all elections in the
Southern States. This, TO the minds OF some
persors, is so important, that q violation of
tie Constitution is justified as a means of
bringing II about. The morality is aivays
false which q xcuses q wrong because Il pro-
poses to accomplish q desirable end We are
not permitted to do evil that good may come.
But In this case the end itself Is evil, as well a.