The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-12-11

ten OF the OOulnelH ioldlcS unuei liio uOii0
ination of military masters. If calm re-
Aection shall satisfy q majority OF your
honorable bodies that the acts referred to
arc not only violation of the national
faith, but in direct conflict with the Con-
stituton, l dare not permit myself TO
doubt that you will Immediately strike
them from the statute book.
To demonstrate the unconstitutional
character of those acts, | need DO no more
than refer to their general provisions. 1t
must be seen at once that they are not
authorized. To dictate what alterations
shall be made in the constitutions OF the
several States; to control the elections OF
State legislators and State officers, MEM
bers Of Congress and electors of President
and Vice-Presidcnt, by arbitrarily declar-
ing who shall vote and who shall be nX-
cluded from that privilege; to dissolve
State legislatures or prevent them from
assembling; to dismiss Judges and other
civil functionarics of the State, and ap-
point others without regard to State law;
TO organize and operate all the political
machinery of the States; to regulate the
whole administration of their domestic
and local affairs according to the mere
will of strange and irresponsible agents.
sent among them for that pnrposc-these
are powers not granted to the Federal
Government, or to any one of its branch
es. Not being granted, we violate our
trust by assuming them as palpably as we
would 10y acting in the face OF u positive
interdict for the Constitution torbids us
to do whatever it does not atfirmatively
authorize either by express words or by
clear implication. If the authority we
desire to use does not come to us through
the Constitution, we can exercise 1T only
by usurpation, aud usurpation is the most
dangerous of political crimes. BY that
crime the enemies of free government in
all agcs have worked out their designs
against public liberty and private right.
1t leads directly and Immediately to the
establishment of absolute rule; for undel-
egatcd power is always unlimited and un-
restrained.
The acts of Congress in question arc
not only Objectionable for their assump-
ton Of ungrantcd power, but many OF
their provisions arc in conflict with the
direct prohibitions of the Constitution.
The Constitution commands that Il rcpub-
lcan form OF government shall be guar
antecd to all the States; that no person
shall be deprived OF life, liberty, or prop
crtv without due process of law, arrested
without a,judicia warrant. or punished
without;l IL fair trial before an impartial
inry; that the privilege Of habeas corpus
Shall not bc denied in time OF peace; and
that no bill of attaindcr shall be passed:
even against glc-individual. Ictthc
system of measures established by these
acts of Congress docs totally snbvert and
destroy the form, as well us the substance
of republican government in the ten
States to which they apply. 1t binds
them hand and foot in absolute slavery,
and subjects them to a strange and hos
tile power, more unlimited and moro like
ly to be abused than amy other now
known among civilized men. 1t trampes
down all those rshlsn which the esscncc
of liberty consists, and which Il free gov
crnmcnt is ;ll ways most careful toprotcct.
1t denies the habcas corpus and the trial
by Jury. Personal freedom, property and
lie. if assailed by the passion, the prcju-
dice, or the rapacitJ, of the ruler, have no
security whatever. 1t has the effect of Il
bill of attandcr, or bill of pains and pen
altics. not upon 4 few individuals, but up.
ON whole masses, including the millions
who inlabit the subject States, and even
their unborn children. These wrongs
being expressly forbidden, cannot be cor
stilulionaIlv inflicted upon any portion OF
our people, no matter how they may have
come within our Jurisdictions, and no mat
ter whether they live in States, Terrific
rics or districts.
lave no desire to save from the prop
cr and just consequences OF their great
crime those vino engaged in rebellion
aunin>t the Government; but as Il mode
/ ct punishment, the measures under
CONS sdcratinn are the most unreasonable
that could be invented. Many OF those
pcoplc are perfectly innocent; many KEEP
their fidelity to the Union untainted to
the last; many were incapable OF any
legal offence; Il large proportion even o
the persons able 10 bear arms were forcet
into rebellion against their will and o
those who are guilty with their own con
sent, the degrees Of guilt are as various
as the shades Of their character and TEN
per. But these acts Of Congress coniount
them altogether in one common doom
Indiscrinihate vengeance upon classes
sccls and parties, or upon whole commu
mites. tur offences committed BY portion
of them against the governments to whicl
they owed obedience, was common IN th'
barbarous ages of the world. But Chris
tianiiy and civilization have made sucl
progress that recourse to Il punishment 81
cruel and unjust would meet with the c'n
domination OF all unpre.udiccd and right
minded men. The punitive Justice of this
age, and especially OF this country, doe'
not consist in stripping whole States o
their liberties, and reducing all their peo
a. 4; ;,t inn tr tI,o ron1i tior