The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-03-13

and, though tempered at first BY principles
oi English law, II gave birth to cruelties so
atrocious that they are never recounted
without just Indignation. The French Con-
yention armed ITS deputies with this power,
and sent them TO the Southern departs
meots OF the republic. The nassacres,
murders, and other atrocities which they
committed show what the passions of the
ablest men in the mos: civilized society
will tempt them to do when wholly usre-
strained by law.
The men Of our race in every age have
struggled to lie up the hands Of their Gov
ernInents and keep them within the law
because their own experience Of all man
kind taught them that rulers could no, be
relied on to concede those rights which
they we're not legally bound to respect.
The head Of great empire has sometimes
governed it with mild and paternal sway;
but the kindness Of an irresponsible deputy
never yields what the law dses not extOrt
from him. Between such master aad the
people ssbjected 10 his deninat,en there
caa be ao,ting but snmity he panishss
them il they resist his authority, and, il
they submit to it, he hates them for their
servlity.
come now to question which is, if
possible, still more important. Have we
the power TO establish and carry into exc.
cstion a measure like thisf Ianswer, GER
tanly not, if we drive our authority from
the Constitution, and if we are bound by
the limitations which it imposes.
This proposition is perfectly clear-that
no branch Of the Federal Government, ex-
ecauye, legislative, or Judicial can have any
just powers, except those which il derives
through and exercises under the organic
law OF the Union. Outside OF the Consti-
tuition, we have no legal authority more
than private citizens. and within it we have
only So much as that instrument gives us.
This broad principle limits all our func-
tions, and applies to all subjects. II pro-
tects not only the citizens Of States which
are within the Union, bus it shields every
human being who comes or is brought under
our jurisdiction. We have no right to do
in one place, more than another, that which
the Constitution says we shall not do at all.
Ii, therefore, the Southern States were in
truth out of the Union, we could not treat
their people in way which the lundamen-
tai Law forblds.
Some persons assume that the success of
our arms in crushing the opposition which
was made in some Of the States to the exc.
culion Of the Federal laws, reduced those
States and all their people--the innocent
as well as the gullty--to the condition Of
,assAlage, and gave Us q power over them
which the Constitution does moi bestsw, or
dehue. or limit. No fallacy can be more
Transparent. than this. Our victories sab
jected the insurgents to legal obedience.
not 10 the yoke Of an arbitrary despotism.
When an absolute sovereign reduces his re-
belllous subjects, he may deal with them
according 10 his pleasure, because he had
that power before. But when limited
monarch puts Jswn an insurrection, he must
still govern according to law. II an insnr-
rectlon should take place in one of our
States against the authority Of the State
COVE rnment, and and in the overthrow of
those who planned it, would that take away
the rights VI all the people Of the counties
where il was Ia, ,ored BY part or msjori-
~ uf the pspuIationi I Could they, for such
q reason, be wholly eutlswed and deprived
Of their representation in the Legislature!
| have always eontended that the Govern
nent Of the United States was soversiga
within its constitutional sphere that itss-
eeutrd it's laws, like iAe States ,bs sslvss,
BY applying its cuerei'e powers dirsctyt to
individuals aud that il could put down In
surrestien with the same efect as sism,
and no other. The opposite doctrise 10 ste
worst heresy Of those who advocated seces-
SION, and cannot be agreed TO without admit
ting that heresy to be right.
Invasion, iusurrection, rebellion, and do
nestle violence we're anticipated when the
q Government was framed, and the means Of
repelling and supPresslng them we're wIss-
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