American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-10-12
JUDGE sHARKEY'S LETTER.
ICONTISUFD

may be briefly summed up: by then
, Congress claims absolute. nnimite,
power t" legislate on the interna
affairs of the States, which are exclu
sively within the cagnizancp of tn
States-it assumes power to exclud
the representatives Of the State
, which they are by the Constitution
entitled tot assumes the right t,
dictate to the people of the State
what particular provisions they shal
incorporate in their State Consttu
tiOns-the right to cause citizens II
be arrested without warrants founded
on affidavit the right to cause then
to be tried without jury-the right tC
suspend the habeas corpus-the righ,
to deprive them of life, liberty ant
property without due process of law
1.-THE right to make.the civil power
subordinate to the military power
to control, modify CT abolish STATE
governments at pleasure in short
to abolish all Constitutional govern
ments, State and Federal. and to
declare them annulled and that Con.
grsss is the supreme power, and it
might as well have been said, in 80
many words, all Constitutional gov
ernment is hereby abolished, and
Congress assumes supreme power
over the national and State govern.
ments. Such an act would have been
equally as valid as those under con
sideratiOn.
That these acts are Constitutional
no one will pretend even their most
ardent advocates admitted in Con
gress that they were not; the leader
of the party, Mr.. Stevens, still admit
they are not. That such members
could reconcile their votes with their
oath to support the Constitution, is
characteristic of a flexible conscience,
and as al evidence also that they re.
garded the success Of their party an
paramount to their duty to support
me Constitution. Will the Southern
people act with a like disregard of
the Constitution 2 This they will do
by voting for convention, which is
to be bat the means of giving strength
to the radical party, 10y investing the
freedmen with the right of suffrage
which was the leading object of these
acts.
1t would be well fer the Southern
people to reflect that as a minority
their only security depends upon pro
tecting the Constitution from the
dangers which are always to he ap-
pretended from the l. giSlative de.
partment of the government. Mr..
Jefferson warned his couutrymen
that "all the powers of COVER ,lnent,.
Legislative. executive and Judiciary,
are constantly tending to the legisla.
tive departments, and when there
concentrated, it is precisely the defn
iti0n OF despOtism." Mr.. Madison
WAS still more emphatic, if possible,
i'll warning his country men against
the dangers to he apprehended tiom
this department. He said, "against
the enterprising spirit of this depart
ment of the government the people
should exert all their jealousy and
exert all their watchiulness." Inthese
acts of Congress we have abundant
evidence OF the wisdom and forecast
of these great fathers of the Republic.
Shall We yield our acquiescence, our
of these great and glaring
oa the Constitution by
voting for Convention ! If any
truth il settled beyond a doubt, it is
that the people, the source of power,
should resist by all peaceaDle means
in their power, every encrOachment
On their supreme will expressed by
the Constitution, however slight the
instance or plausible the pretext
this is their only security. The limo.
vation of to-day il tolerated, becomes
a prt ced~nt for tomorrow. "What
10. day il fact, tomorrow is doctrine,
and if the precedent does no. exactly
suit, analogy will supply the de-
ect;" and so We go OH from one in
lovation to another until the whole
;harter of our liberties is swept into
he terrible vortex of political ambi-
ion. These remarks are just as ap.
,licable to the Northern as to the
southern people. All may rest as
Iured that if their Constitution has !
lot already been destroyed, it needs !
,ut their approval Of these extreme ,
neasuresto to complete the desecration. 7
The judicial department, it is true, 3
vas intended to be a check on the 2
dangerous spirit of aggressiOI but y
hat department is weak, and com {
,Osed of men, frail men, who but too I
'iten bend before the turbulence of a
action, and will sometimes be found d
lot altogether tree frcm party bias. T
Besides, the judicial arm may be h
'sralized by the overwhelming pow
r OF legislative usurpation, so that +
t last the people must depend upon v
heir own vigilance for the preserva- i,
ion OF theiI Constitutional liberties. c
1t remains to notice some of the %
easons urged for the acceptance of ri
hese measures, some of which p e. n
pnt to my mind the strongest puSsi- II
le reasons why we should reject Il
hem. n
Some will say, if we do not accept b
Itse measures, We never shall get Il
mr. members into Congress. Aud st
i'll you com romise Your ConSlitu- I
onal right tu have your representa- y,
YES in Congress by estah.i, hing s
recedent whi h may he u>ed TO eX- c,
ude your representatives 4 any "
me- as it may sui the NhinS and &