The southerner., 1867-03-07


certainly not, if we derive our authority
from the Constitution, andif weare bound
by he limitations which it imposes.
This proposition is perfectly clear
that no branch of the Federal Govern
ment, executive, legislative, or Judicial,
can have a"y just powers, except those
which it derives through and exercises
under the organic law OF the Uui NJ,
Outside of the Constitution, We have no
legal authority more than private citizens,
aud within it we have only such as that
instrument gives u.s. This broad princi
pie limits all our functions, and apples
to all subjects It protects not only the
citizens ot States which are within the
Union, but it shields every human being
who comes or is brought under our juris>
diction. We have no right to do in one
place, more than in another, that which
the Constitution says we shall not do at
all If, therefore, the Southern States
were in truth out Of the Union, we could
not trea, their people in a way which the
fundamental law torbids.
Some PERSONS assume that the success
! OF our arms in crushing the opposition
which was made in soma of the States to
the execution of the Federal laws reduc-
ed those Ststes and all their pc ple-the
innocent as well as the gully to the
condition of vassalage, and gave US po">
! er over them which the Constitution ioes
not hestow, or define or limit. No falacy
can be more transparent tnan this. Our
victories subjected the insurgents to legal
obedience, not to heyoke of an arbitrary
dsspotisn. When an absolute sovereign
reduces his rebeliious subjects, he may
deal with them according to his pleasure,
because he had that power before. But
when limited mon,rch puts down an in
surrection, he must still govern according
to law. IF an insurrectlon should take
place in one of our States against the
authority of the Safe government, and
end in the overthrow of those who plans
ned it, would that take away the rights of
all the people of the countries where it
was favored by part or a majority of the
population? Could they, for such rea>
Son, be wholly outlawed and deprived of
their representation in the Legislature?
have always contended that the Govern
ment of the United States was sovereign
within it's constitutional sphere; th,t it
executed lis laws, like the States them
selves, by applying the coercive power
directly to indivi iuals and that it could
put down iBsurrection with the same eff
feet as a State and no other. The oppo>
site doctrine is the worst heresy of those
who advocated secession, and cannot be
agreed 10 without admitting that heresy
o be right.
Invasion, insurrection, rebellion, and
domestic violence were anticipated wher
the Government was framed. and the
means Of repelling and suppressing them
were wisely provided for in the Coustitu
ton; but 1t was no thought necessary tc
declare that the ates In which they
might occur should be expelled from the
Union Rebelsions, which were invaria
bly, suppressed, occurred prior to that ou
of wnich these questions grow; but The
States continued to exist and Union re
, ma ned unbruken. In Mas achusetts, il
Pennsylvania. in Rhode | land, and il
: New York, at different periods N our his
tory, violent and armed opposi ton to thu
United States was carried on; but the
rotations of thnse States with the Fed ra
Government were not supp ,sed to be in'
terrupted or changed thereby, after tn,
rebel ious por ions of their pN,ulatior
We're defeated s.nd put down. 1t is trus
that in these earlier cases there was NJ
/ formal expression of a determination tt
withd .aw from the Union but it is alst
, true thai in the Southern States the or
l dtnance Of secession we're trea ed by al
/ ,he friends of the Union as mere nuilities
and are now acknowledged to be so b,
n the States themselves II we admit that the
: had any force or validity, or that they dit
t in fact take the states III wnich they wer
J passed out of the Union. we sweep from
S under our feet all the grounds upon whicl
\ we stand in justifying the use of Fedora
furce to maintain the Integrity of the Gov
i ernment.
This is bill passed by Congress il
time of peace. There is not in any on
of the States brought uuder its operation
either war or insurrection The laws # tn
Stat es and Of the Federal Governma mt ar
all in und sturbed aud harmonious oper
a.ion The cour's-S,ate and Federal
are pen, and IN the full exercise of thei
proper anthori y Over every State com
pnsed in these five mill ary districts, life
liberty and property are secured by Stat
laws and Federal laws and the nationa
constitution is everywhere in force AM
everywhere obeyed. = hat. then, is tn
G ground IN which this bill proceeds? ? Tn
title of the bill announces that it is inten
, ded for the more efficient government
5 of these ten States. 1t is r-cited by va
Of preamble that no legal State vern
ments, nor adequate prott ction tor Gi
, or property" exist III those Stat s, an
that peace and good order should thus b
enforced. The first thing which arrest
attention upon these r,ci ais, which pre-
, pare the way for martial law, is this =
0 that the only foundation upon which mar
S sial law can exist under our form Of gov
/ ernment is not stated or so much as pre-
S tended. Actnal war, foreign invasion
y domestic insurrection none of these az
] pear; and none of these in fact exist
j is not even rected that any sor. of war {
e insurrec,ion is threatened.
!. X X X X X
l need not say to the Representatives
:, the American people that their Constii L
u t!on forb,ds the exercise of Judicial powe
in any way but one-that is by the OF
= dained aid established courts. 1t
II equally well known that in all Grimm,
e case trial by jury is made indispensab
q by the expressed words of that instr,
u ment. will not enlarge on the inest
u NAB e value Of the right thus secured b
1t every freeman, or Speak of the danger
J public liberty in all parts of the countI
which must ensue from ,i,nial of it an
e where or upon any p:etense. A very re