Natchitoches spectator. [volume] (Natchitoches, La.) 1867-18??, 1867-12-05

Y
with all its departments, Executive, .Ju-
dicial and Legislative subject, to the sole
condftionthat her Government shall be
Republican. She may establish Courts;
provide for the appointments of. the Judg-
es; regulate their proceedings elect the
state officers regulate contracts and in
fine. do and perform any and all acts
which any Sovereign state may do, being
restrained only by the provisions of the
Constitution of the United States
Among the many duties devolving upon
state Governments is that of fixing the
qualification of voters, which is done in
the organic law or Constitution. It is
also duty to fix the qualification of
Jurors by Legislative enactment. All
these duties have been performed by
this State, and her action in so doing is
as much entitled to the respect-nay, the
protection of the Government of the
United states as is that of any other
State in the Union. Unless this protec-
ton be afforded. Congress fails in that
peremptory command of the Constitu-
ton, which requires it to guarantee to
every State a Republican form of Gov
eminent"
These truths ought to be admitted by
every one on their simple statement
they are automatic. Under ordinary cir
eumstances, their statement would not
be necessary, for, from the foundation of
our Government to the termination of
the late unhappy, Civil war, they were
never doubted and were uniformly acted
on in all the States. Even now, all the
States, except those said to have been
stately in Rebellion" are acting on
them and no one has ever questioned
their right to do so. There is no war
rant in the Constitution, for any inter
ference with the exercise of these pow
ers by the States.
It has been said that the States lately
in rebellion, are not under the protection
of the Constitution; that they are outside
of it, and that Congress is not restrained
by any of its provisions in legislating
for them. it s.
1t will hardly be denied that the Con,
stitution extends its protection to all
of the people who are subject to the
governments; for if this be not true, it is
mere usurpation on the part of Congress
to NEEDLE with the affairs of such por-
tons as may be beyond the pale of it's
neutrality-suspicious. and government
are inseparable. Congress is the erea-
ture of the Constitution the qualifica-
tons of it's members, their duties, rights,
powers and privileges are all detailed in
it. 1t limits their term of office, and they
have no power, whatever, except such
as that instrument confers upon them.
Outside of its provisions, they have no
moro power, or authority, than any pri-
vate assemblage of gentlemen of equal
number. Again, if Louisiana be State
out of the Union, it can only be by virtue
of her Ordinance of Secession which she
could rightfully adopt. If, then, she is
a State out of the Union, she is foreign
State and Congress cannot rightfully
legislate in reference to her affairs. But
Louisiana cannot be out of the Union,
for her Ordinance of Secession has been
repealed, and this upon the demand of
Congress-. Her status is therefore, Just
such as it was before her attempted Sc
cession. This Act of Congress, punish
es by it's provisions, large class of our
citizens. for offences alleged to have been
committed before the Act was passed,
This is an er post .fdcto law and void as
forbidden by the Constitution. 1t pun
ishes for an alleged Infamous offense
without "indictment," "presentment,"
or ''trial by jury" These are rights sa-
credly guaranteed by the Constitution of
the United States. 1t places Military
Commanders as governors over the
States, coniers on them extraordinary
powers, such as the removal of all the
civil officers, and the appointment of
others in their places-thus subordina-
ting the civil to the military authority.
All these provisions are in direct viola
ton of the spirit, and many of them, of
the letter of the Constitution under
which Congress is called together and
which it is bound to support and obey.
/ omit all discussion of the legality of
the present Congress, as composed of
Representatives from apart of the States
whilst ten of them are deprived of their
''equal representation in the Senate
which is right specially guaranteed to
all the States under the form of prohi-
bitory clause All action against its pro
visions are therefore null aud void. Nor
is it necessary to notice the question of
equality of taxation and representation.
[ have tested the Act of Congress upon
the hypothesis, that theyare u legal and
constitutional body, and my conclusions
are as follows:
First. The Act above referred to was
not passed Gin pursuance of the Consti-
tuition" ia
Second. The States have the exclusive
right to regulate the elective franchise
and to fix the qualifications of jurors.
Third. If the people of Louisiana are
guilty of rebellion, there was no law to
punish by acknowledgements, for that of
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