Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1867-12-13

of lis authority To the same view OF the case,
Judges of the Supreme Court have in. .lu.led
thn Southern States in their circuits and they
are constantly, in Virginia, North Carolina
and elsewhere. exercising jurisdiction which
does NOT belongto them unless these states
are States rof the Union. If the Southern
sa,es are component parts of the Union, the
constitution il the supreme law for them as il
IL for nil other States. They are bound TO
olsv and so are we. The right OF the fed
oral COVE rn nsent which is clear and nngucs-
tiouable. 10 enforce the constitution upon them
imnlies the correlative obligation on our part
"a h 0hservc its limitatiousl and execute its
a,raroutces. Without the constitution, We are
nothinr. .Iy. through and under the consti-
tntion We are what it. makes na. We may
tlu,htsthe wisdom oflthe law, we may not ap-
rroyc of its provisions, but we cannot violate
Il 4 use rely l}seransc4 it seems to 4conhne orr
mowers within limits narrower than we could
= ixaus 1T iss nctsa question Of individual. on
cla sss or, section in crest much less Of party
uredominance, but of duty, Of high and sacred
dnty whieh we are al sworn TO perform. If
re cannot support the constitution with the
cheerful alaeri,y Of those who love and be-
lievc in it. We must give to it at least the f.
deity Of public servants, who act nnsler sol
emn obligations and ccmmanas, which they
dare no. disregard. Constitutional duty is
not only one which requires States to be res
tored there is ahol'er consideration which,
thouch of,minor iin rortance is yet of great
weigIp. On the 2sa ilar of July. 1867. Com
eress declared. by an almost unanimous vote
of bot1 houses, that the war should be conduc-
tnl solely for The purpose ef preserving The
Union and maintaining the supremacy of the
fclera, constitution ana laws. witlont impair
ing the dignity. equality and rights of the
States or indiyidnals. aal that when This was
done the war shonld cease. I 10 not saw that
This declaration r personally Binding on those
who Joined in making it any more than n,li-
viIual members of Congress are personally
houna to pay a public debt created nn6er 4
law for which they voted, Int II wa n So cmn
public official pledge of national honor. and 1
can't in,a riuc r,,en what cro,,rlsth rernli-
alton fit is to he justified If il he said that
we are not bound to keep faith with rebels,
letit.ba RENE eeberctl that lis promise WIS
rot nnadeato rehels only Thousar1s of tried
rren in the Snath ware dawn to orr stanaarl
1iys ~ and hsndrerls-rf thousands imlhe n Nortf
gave their lives in the belief lias IL wo,,,a be
carred out. ls'wasscn thsiiav ngter the frsl
| rreatshatsle Of the war had haen fought anf
lost sAll patriotic and intclircn. mon ther
saw The necessity Of giving such An assurance
and believing that withesi IL war would en-.
| in disaster TO onr cause. Having given tha
ssassBrancc in the, extremity of oursparil yiola
1 ting it now in the dnv of oi,r power would b
IT, rude ren ling of that gool faith which hold
! the moral wofltl together. GEr country woul
| cease to have any CLAIM, Hpou the eoGfdene
| of men. 1t wonld make tho War net only
| allure. but a fraud. NJ f.lse ssts57-s ,s
| Being sincerely Convinced that these view
areacorreci. would he unfaithfiil to my dnt.
If ! did not recommend a repeal of the acts @
Congress which place ten of stile Southern
States under the domination Of military mas
ters.--if calr reflection shall satisfy a major
ity Of your honorable bodies That the acts re
ferred to a,c not ONLY a violation Of the ma
tidnAl filth Bit IN direct conflict with Consi
tuition. Itare not permit myself to doubt tha
yoii will Immediately strike. them from th,
statute hook TO demonstrate The unronstitn
tionaf character tf those lets. need do M
more than refer to- their general professions
II fnusf be seen at once thai they are not an.
thorizea 10 dictate what alterations slsll 81
made in the constitutions Of the several States
ta control the elections of State legislators and
State officers. renahr,s Of Cc-,rress and clec~
tors of Fsesishrst ard Wee President. hyss1'ti-
lv,lecIa,fnr Who shali vote and who shall
Nc eyc,n'ed from tie privilege; TO dissolve
State legislatures or prevent them f.oa, as
sensK4i no 10 dismiss Judges and other civil
fnnciionaries IF State, and appoint others
wSffiniit regard to State law; TO reorganize,
ana orcrate Mt the political machinery o.
States: to rer,i,ate the whole administration of
their domestic and ocal affairs according tothe
mere viii ar strange and irresponsible agents
sent aa,nong-them far that purpose: these are
powers no. granted to tlle Federal Governs
meni. or TO sanv one of its FRANCES. Not being
granted, ne violate our trust hy. assuming
thar, as palpahlv as We would by. acting in
the face of \ positive 'interact for the Csnsti-
tufion fnrhi,ls rs 10 DO whatever il does mo-,
affirmatively anthnriae either by express
words 81 nv, clear Implication. If the author-
itv We desirs f. nse' does not come 70 MS
thrnn~h ihr Constitution We can receive it
only hv ns,irpatoa. and usnrpation IS tho
n,osf islan cerous If political crimes. BY that
crime he itnemies Of FREE government III MI
ages have worked ont their designs against
public liberty and private right. Il leads di-
rectly and Immediately To the establishment
Of absolute rnle for unde'egaied power, and is
always Unlimited anil pnrcstrainetl rs j
| The acts OF Congress in question are not
Only objectionable for their assumption of
aucuIe nls,l pewer byt.nnny f their proyis>
ions arc in c9rh;ct with direct prohibitions Of
tbs. .gayernp ent. The CONSTITUTION commands
THAI 4 Arepnhlicehs fnrn, icf COVER nuaent shall he
gnara nteesa to all States that no. person ciail
be depnyed Of life liberty or 9propertys, with
out due process Of law; arrested without a
in'dficfmh Swhrra,rt cr punished without fair
trial before an impartial jury that the privi-
leeA of,AN5eds corpus shall nit bo denied in
time of peace and that no bill Of a'tasnder
shall hcopaesed evcn;n rainsta single citisen.
Yet the esvsiem of measures established by
these acss of Congress does totally snhvert
md DESTROY form A. we'll MS substance Of a
rcnS,bl an n rovprnsnent in ten Statcs toiwhich
they AAtspl W ltabinds them haAd and foot in
ahsolutc slavery. and subjects them to n
strange And hostile spower more unlimited and
more likely toihe abused than any other now
known among civilized men,. 1t tramples
down al!dhese rights In which the essence of
liberty eonsists, and whiehA free government
is always most careful to protect; it denies
|hc haheas corpus and ths trial by jury; per-
,onal freedom, property and life. / il assailed
" passion, prejudice or incapaeity Of ruler,
rave no security whatever; II has tue effect
if bill of attainder or bill Of pains and pen
.lties,4 not upon few individuals but. upon
Whole masses, including millions who inhahit |
uhiected States, and even their unborn
hillreha These wrongs being expressly for
iddan, cannot be constitutonally inflicted
lpOn ANY portion Of our people. no matter
low Lhey may have come within our jnrisdic-
ion. and no matter. whether they live in the
s,ates, Territories or District. | have no de- /,
i've to save from the proper and just consc-
IuenecsB of their great crime those who engag-
ID. I'M the rebellion against the government; !
nut as = mode of punishment the measures
lnlas cons Iteration are the most uilreasona-.,