The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-12-10

conducted solely Tor the purpose o. preserving Tn
Union, and maintaining the supremacy Of the edera
Consultation and laws without impairing the dignity
equality and rights of the States Of indlyiuals
and that when this was done the war should cease
do not say that this declaration is personally bind
ing on those who Joined in making it, any more thai
individual members of Congress are personally boun,
to pay public debt created under a law for which
they voted. But it solemn, public oficia
pledge of the national honor, and cannot imagn,
upon what grounds the reputation of it is to b.
justified, If be said thatswe are not bound to keel
faith awith rebels, 10: ii be remembered, that this
promise was not made TO rebels only. Thousands Of
true sRsn in the South were saEaEn to STANDARD
by it, and hundreds of thousands in the North gave
their lives in 4he belief that il would be carried out
1t was made the day after ithe first great battle
of the war had been fought and lest. All patriotic
and intelligent then the necessity of giving
| such an assurance, and believed that without it the
war suid end in disaster to cur cause. Having
given that in the extremity of our peril.
the violation of it now in the day Of power would
he rude renling of that COED faith which holds the
moral world together: country xaasld cease 10
have any claim upon the confidence of mea ii would
make the war not only failure, but fraud.
Being sincerely convinced that these views are
correct would be unfaithfu to my duty if did
recommend the repeal of the acts of Congress which
place ten of the Southern States Under ihe damiEa
ton of military masters If calm reflection shall sat
isfy majority of your honorable bodies that the acts
referred to not only a violation of the national
faith, but in direct conflict with the Constitution,
dare not permit myself to doubt that you viii mme-
diately strike them from the statute book.
To demonstrate the unconstitutional character of
those acts, need do than refer to their gen
era 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 members of Congress and electors of Presi
dent and Vice President by arbitrarily declaring who
shall vote and who shall be excluded from that privi
lege; to dissolve State Legislatures or prevent them
freS assembling; to dismiss Judges and other civil
fResi uyaes of the State and appoint others without
regard 10 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 ire
sponsble agents, sent among them for that purpose
these are powers not granted to the Federal Gov
eminent, or TO any one of it's branches. Not being
granted violate trust b. assIIaing them as
palpably would by acting N the face of posi-
tive interdict; for the Constitution forbids to do
whatever it does not afrmatvely authorize either by
express words by clear implication. If the author
Hy we desire to does nas come TO through the
Constitution, exercise it only by usurpation;
aad usufpation is the most dangerous of political
crimes by that crime the enemies of free govern
ment In all have worked out their designs against
public Liberty and private right. 1t leads directly
and Immediately to the establishment of absolute
rule; for undelegated power is always unlimited and
unrestrained
The acts of Congress in question are not only OBJ
Jeconabe for their assumption of ungraned power,
but many of their provisions in conflict with the
direct prohibitions of the Constitution The Consti
tuition commands that republican form of govern |
ment shall be guaranteed to all the States: that no
person shall be deprived Of life, liberty, property
wlthoAt Due process of law, rresed without Judi
eial warrant, punished without fair trial before
an impartial jury that the privilege Of habeas corpus
shall not be denied in time of peace and that no bill
of attainder shall be passed against single in
divIdua Yet the system of measures established by
these acts of Congress does totally subvert and destroy
the form as well as the substance Of republican gov
ernment In the ten States to which they apply 1t |
binds them hand and foot in absolute slavery and |
subjects them to a strange and hostile power more
unlimited and more likely to be abused than any
other now known among civilized men. 1t tramples
down all those rights in which the essence of liberty
consists, and which free government is always most
careful TO protect. denies the habeas corpus and
the trial by jury. Personal freedom, property, and
life If assailed by the passion prejudice, or the
rapacity of the ruler, have security whatever Il
has the effect of bill of atander or bill of pains
and penalties, not upon few individuals, but upon
whole masses, including the millions who inhabit the
subjected States, and even their unborn children.
These wrongs, being expressly forbidden cannot be
constitutlonally inflicted upon any portion of our
people, no matter how they may have come within
our Jurisdiction, and matter whether they live in
States, Territories, or Districts.
nave no desire to save from the proper and lust
consequences OF their great crime those who engaged
m rebellion against the Government: but as a mode
Of punishment the measures under consideration are
lie most unreasonable that could be invented. MANY
d those people are perfectly innocent; many kept
heif ndehy to the Onion unainted to the last many
we're incapable of any legal offcnec large proper
ION even of the able bear arms were forced
INTO rebellion against their will: and of those who arc
guilty with their own consent, the degrees of guilt
ire as various the shades of their character and
cmper. But these acts of Congress confound them
III 'oge'her In one common doom. Indiscrminate
'cheeance upon all classes, sects, and parties or
upon "hoie communities, for offences committed by
p'i 'ioi vi 'hcm against the government to which
my o"cu oDedlence, was common in the barbarous
ges OF the world. But Christianity and civilization {
AVE made such progress that recourse to punish
eht so cfuel and unjust would meet with the con- G
ennatlon of all unpreudiced and right minded men, G
ne punitive justice of this age, and especially of this
ooes not consist In stripping whole States of
nelr liberties and reducing all their people without
distinction. to the condition of slavery It deals 9
epafately with each individual confines itself to the
orms OF law, and vindicates its own purity by an 8
mpartia! examination of every case before a COM a
e'cnt judicial tribunal If this does not satisfy all
ur deslres with regard to Southern rebels let us C
onsole ourselves by rejecting that free Constitn
ion, triumphant in war and unbroken in no,ce ;s n
ortn lar more to and children than the graf Il
hcation OF any present feeling n
an aware II Is assumed that this system of gov
rnment Tor the Southern States is not to be per n
e,uai. IL Is true this military government is to be
My PROVISIONAL but it is through this Temporary evil
nat great evil is to be made perpetual IF tho a
uafantees OF the Constitution can be broken nro q
.ona,iy 10 serve D temporary purpose, and in a OF
a ohy OF the country, DESTROY them eyerv II
mere and for all time. Arbitrary measures often fc
ahge' nut they generally change for the worse II +,
the curse of despotism that has no haltno nIooe
he nteFmitted exercise of its power brings no
security 10 its subjects; for they can never know ci
ha more they will be called endure when it's rod h,
sn. nand is armed TO plague them again Nor isit W
'ssi''e 20 conjecture how or where power upre m
ra'heu ~ law, may seek it's next victim The to
afes that are still free may be enslayed at anv h
4