Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1867-12-07

press words or oy clear iDPlieaho"s'
the authority We desire 10 use does ho'
come TO US through the Constitution we
can exercise it only by usurpa'Ion; anu
usurpalion is the most dangerous OF poiin'
cal crimes. By that crime. the eremies
o. free government in all ages have woIH.
ed GU, their designs against public Liberty
and private right. It leads directly and
Immediately TO the establishment oil soso'
lule rule; for undelegaled powers IS 81
ways unlimited and unresrsiOeG. The
acts Of Congress in question are moi only
Objectionable for their assumption OF IN
granted power, bu, many of their PTo'is'
ions are in conflict with the direct prohl-
billions Of the Constitution. The Con-
slilulion commands that's republican form
of government shall be guaranteed to sll
the States. That no person shall be de-
prived Of life, liberty or property without
due process of law, arrested without Ju-
d;cial warrant, or punished without lair
lrial before an impartial jury. That Me
privilege Of habeaS corpus shall not be de-
MED in time of peace, and that no bill oil
aiiainder shall be passed even against
single individual Yet the system OF
measures established by these acts OF Con-
gress does totally subverl and destroy The
form as well as the substance OF rePu6l-
can governmental the Ten States 10 which
they apply. 1t binds them hand and foot
in absolute slavery and subjects them 10 a
strange and hostile power more unlimited
and more likely 10 be abused than any
other now known among civilized men.
1t lrsmpIes down all those rights in which
the essence Of liberty consists and which
free government, is always most careful
10 protect. II denies the habeas corpus
and the trial BY Jury. Personal freedom.
property and life, if asssiled by the pas
sion, the prejudice or the rsPsciy OF the
ruler, have no security whatever. 1t has
the effect OF bill of aItaiDder or bill of
pain. and penalties no, upon lew indi.
viduals, but upon whole masses, lnclud-
ing the millions who inhsbt the subject
States, and even their unborn children.
These wrongs being expressly forbid
den canno, be constituiionally inflicted
upon any portion of our people, no mat
ter how they may have come within her
jurisdictions. and no matter whether they
live in States, Territories or districts. |
have no desire 10 save from the proper
and jus, consequences Of their great crime
those who engaged in rebellion against the
Government. Blu, as a mode Of punish
meni, the measures under consideration
are the most unreasonable that could be
invented. Many Of those people are per-
feclly innocent; many kept their fidelity
TO the Union untanled 10 The last; many
were incapable OF any legal offence; 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 altogether in one COM
mon doom. Indiscriminate vengeance
upon classes, secls and parties, or upon
whole communities, for offences commit
ted by them against the Governments 10
which they owed obedience was common
in the barbarous ages OF the world. Bnt
Christie nifty and civilization have made
such progress that recourse 10 punish
ment so cruel and unjust would meet with
the condemnation Of all unprejudiced and
rightminded men, The punitive justice
of this age, especially Of this country does
not consist in stripping hole States of
their liberties and reducing all their peo'
pie, without distinction, 10 The condition
OF slavery. 1t deals separately with each
individual, confines itself 10 The forms of
law, and vindcates lis own purity by an
impartial examination Of every case before
competent judicial tribunal. If this
does not satisfy al our desires with regard
TO Southern Rebels, let Us console our
selves by rejecting that free Consllu-
lion, triumphant in war, and unbroken in
peace, is worth far more 10 US and our
children than The qualification OF any pres
ent feeling. am aware ii is assumed that
this system OF government for The South
ern States is no, 10 be perpetual. 1t is
true this Military Government is 10 be on
Iy provisional, but II is through this tenn
porary evil that greater evil is to be
made perpetual, II the guarantees OF the
Constitution can be broken, Professionally,
TO serve temporary purpose, and IN
part only Of the country, we can destroy
Them everywhere and for all time. Arbi-
trary meatures often change. but they gen.
orally change for the worse. 1t 10 the
curse Of despo,ism that it has no hallng
place. The inernitted exercise OF lis
power brings no sense Of security 10 lis
subjects, for they can never know wha.
more they will be called 10 endure when
lis red right hand is armed TO plague them
again. Nor is it possible 10 conjecture
lew or where power, unrestrained by law.
may SEEK lis next victim. The STATES
that are still free may be enslsved at any
moment, for, # the Constitution does not
protect all, it projects none. Its mani
testify and svowedly the object OF these
laws 10 confer upon negroes The privilege
of voting and 10 Gisfranchise such num-