Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-19

United States shall be eligible to election
as q m~en6erof The convention foJroaac a
constitution for any of sai6 rebel states
nor shall anu saob person r0te for mem
bers Of said convention.
Sec. g. And be II further d7tucicds That
until the people OF the said rebe.
states shall be, By TAR, admitted
10 representation in the congress
OF the United States, any civil
governments that may exist therin
shall be deemed provisional only, and n
all respects subject to The paramount dat-
h0rig Of the United States, at any time
to abolish, modify, control or supersedt
the same and, ia al elections to any
office under such provisional govern
ments, all persons shall be entitled Z
vote. and none Others, who are entitled
to vote under the provisions OF the nftl
section Of this act and no person shat
be eligible to sny Office, under such pro
visionaI governments, who would %
] disqualified from holding Office under tn
provisions Of the third article Of saiC
constitutional amendment.
1t Is the STATES, now, and not iadt
viduals in each State, that rebeiled
against the United States. The States
therefore, did enact Ordinances Of Seces
sion. and whatever was done hereunder
or in wnging war, aeas the act Of the re
spective states. The ~humbuggery o
regarding the act Of a vast msjority o
the people Of the State as not the set o
the Syate. but only that Of so many.in'
dividuais, has served its purpose anC
PLAYED its part, and is contenptucusly
flung aside. Whether they had thu
right to do 50, or not, the States dd
separate from the Union. The Northern
states were not engaged in queiling 8
rebellion Of individuals, but in a wal
sgainst States, which, being States. and
acting as States, had the right and
power to compel the allegiance Of theil
citizens. This is precisely what the
SUPREME Court had to decide, in order &c
hold that euery citizen Of Louisiana was
an alien enemy to the United States,
bound by and q party to the act of the
State, and her property subject to confs-
cation, even if he voted against seees-
sion, and took no part in the war. This
was decided in regard to a DOaaan. 1t
follows that no Individual could have
been guilty Of Treason.
No legal State Governments er5st an
these rebel States. Do legal governments
Of am sort exist there? Is it meant
that all the acts done under and by au-
thorlty Of existing Governments are
void; or only that they are not State
Governments, but only Provincial Gov
ernments, authorized or tolerated by the
Conqueror? In any case, if there was
no legal State Government in Tennessee,
until she was re-admitted into the Union,
how could Messrs. PATTERSON and Fow-
LER be admitted to seats, IS Senators
elected by a State7 But it is little worth
the while to point out Inconsistencies in
the action of Congress. To be governed
by their own principles is a weakness
that the Anarchists seorn. 1t is more to
the purpose to contemplate the frightful
consequences of the doctrine that no
legal Governments have existed in the
Southern States since Secession. It is a
legislative declaration Of the continued
existence of utter Anarchy, Of the total
absence of law aud organized justice, of
a state of things never before known in
a civilized country, and never before de-
clared by a C~onqueror. Even CHARLES
II did not treat as void the Judicial pro-
ceedings had under CROMWELL, nor GEN.
sure the Judges for continuing, under the
Protector, to administer law and justice.
The rebel States are divided into
districts, and made subject to the mill
tary authority of the United States.
They cease TO be States, and are diuided
into districts. Not to the ciUil authority,
the laws, and the Constitution of the
United States, do these rebel States be-
come subject, in their new character of
districts, but they are su6jeetg tDlpeTiO
miitari, subject to the military AUTHOR
TTY Of the United Ststes-s new and
unknown power in time OF peace-a
hideous despotism, unlimited and uRre-
strained by any provisions of the Consti-
a h~ydra-headed power, that can
all the States with its folds, when
ever it pleases to exert its strength
Lictores cHstodes ~auctoritatis. Give it
the Lietors for guards, with their rods to
scourge free men
To the command of each of said Dis
not Of the troops in each, but Of
the District itself, an officer OF the army
is to be assigned. So the Roman Senate
sent its Proconsuls to the PROSTATE
Romans, and the Caesars their Projects
with the same powers, too, as this law
gives, to protect all persons in their
rights Of person and property, to sup
press disorder, and punish OF cause to be
punished all distUr5ers of the public
peace and criminals; to enact laws, Gre
ate and define offences, fix punish
.ents, pains and penalties, sit in judg-
nent, IN civil and criminal cases, and
execute their Judgments and sentences.
The Military Project may aHoW local
Evil tribunals to take Jurisdiction of and
offenders, or may organize Military
Commissions or Tribunals. All interfer-
.nee under colour of State authority,
With this exercise Of Military Authority,
s null and void. There is absolute BE- no
TIA Military Commission or Trf-
,unal land the Tribunal may be, if he
.hooses, q negro sergeant or servant),
.eDtences a citizen to Imprisonment or
Ieath, it must be approved by the CE-
of the District. Beyond that the case
GO. 1t is not 10 be referred to the
General of the Army, much less to the
,eeretary OF War or the President. As
title is there any appeal from his deci-
ions in civil matters, but his power of
Protecting rights of person and property
absolute and in the last resort. Every
nan will hold his property, as be will
old his life and liberty, at the pleasure
( the Tyrant,-for the word 'Tyrant
aeaas simply, the possession of arbi-
-sry royal power and DAN. SIcKLEs
7il be King in his District, as each
Their Tyrsnt in his. (
But all persons " put under military
rrest are to be tried without delay IF
he Tyrant sees ht-and no cruel or I'M {
sual punishments are to be inflicted. I
hose who made the law kle1U its atroc- ,
Y, and what an unlimited power it !
inferred, and hence this idle empty {
of limiting it. They create this :
sper guarantee against ~baFbarities, be- :
.use they have taken frem the people of /
le Provinces all Constitutional rights o
Id protection, and all the rights Of man s
are above and beyond the reach Of a
gislstion. ii
The laws and regulations for the gov d
nmeut Of the army are not TO be af- G
cted by the provisions OF the act. AS to :
e negro and white troops, they retain O
cir rights under the articles and laws u
war, and cannot be imprisoned or q
ordered with impunity. II
No sentence affecting the life or lib
ty Of any person shall be ezeeuted, un- g
approved by the officer in command E,
the district. ~
sentence OF death shall be carried