The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-03-06

u. w ID4N 10DA4 No101N ~
need not say to the representatives Of the
| American people that their Constitution forbids
the exercise Of Judicial power in any way but one
that is by the ordained and established courts It
trial by jury is made Indispensable by the express
words Of that instrument. will not enlarge on
the inestimable value Of the right thus secured to
overy freeman, or speak Of the danger to public
liberty in all parts Of the country, which must en-
sne from denial of it anywhere or upon any rre-
tence. A very recent decision OF the Supreme
| Court has traced the history, vindicated the dig
nifty, and made known the value of this great pri-
vlege so clearly that nothing mere is needed. To
what extent violation Of it might be excused in
time Of war or public danger may admit Of discus
sion, but We are providing now for q time Of pro-
found peace, where there is not an armed soldier
within our borders except those who are in the
vice Of the Government. It is in such condition Of
if carried out, would deny o trial by. the lawful
courts and juries to nine millions Of American
citizens, and to their posterity for an indefinite
period, It seems to be scarcely possible that any
one should seriously believe this consistent with
a Constitution which declares, in simple, plain,
anG unambiguous language, that all persons shall
have that right, and that no person shall ever, in
any case be deprived Of it. The Constitution also
fdrbids the arrest Of the citizen without Judicial
warrant, founded on probable cause. This bill
pleasure Of military commander. The Constitu-
ton declares that no person shall be held to an
swer for capital or otherwise Infamous crime
unless on presentment by a grand jury" This
bill holds every person m not solder answeraole
| sentiment The Constitution declares that "no
| person shall be deprived of Life, liberty or
property, without due process Of law" Ibis
bill sets aside MI process of law, and makes
the citizen answerable in his person and
property to the will Ct one man, and as to his Life
to tho will Of two Finally, the Constitution de-
clares that s'the privilege OF the writ OF hd6e Is
corpus shall not be suspended unless when. IN,
case of rebellion or INVASION the public aafety
law (which Of itself suspends this great writ IN
time Of peace and authorizes the military to make
tho arrest and gives to the prisoner only one prl-
yilege, and that is trial without necessary de-
lay" He has no hope o. release from custody: ex1
cept the hope, such as 1t is or release by acqultt
before military commission.
The United States are bound to guarantee to
each State republican form Of government., Cam
it be pretended that this obligation is not palpaby
broken if we carry out . measure Ike this wn,ch
ment in ten States and puts the life, property,
liberty, and honor Of all the people in each OF them
under the domination Of single person clothed
With unlimited authority -
nipotent power which it claimed, was accustomed
to pass bills Of attainder; that is to say, it wond
convict men Of treason and other crimes by leg1s-
lative enactment The person accused had q heal
ing, sometimes patient and fair one; but generally
party prejudice prevailed, Instead Of lnsmSe o,.3 u
edge it's error and reverse its own action: Inc
fathers Of our country determined TINT no such
thing should occur here. They withheld the power
from Congress-, and thus forbade Its exercise ny
Shat no State should pass any bill Of attander 1t
is, therefore, impossible for any person In this
country to be constituhonally convicted or pun
ished fer any crime by d legislative proceeding OF
any Sort Nevertheless here ls bill OF attainoer
against nine millions of people at once. 1t ls
based upon an accusation so vague as to be scarce
" inteltpible and found to be true upon no credi-
bIs evidence. Not one Of the nine millions was
heard in bis own defence. The representatives OF
the doomed parties were excluded from oil partcii-
patton in the trial. Tho conviction is to be FOL-
lowed by the most ignominious punishment ever
inflicted on large masses Of men. It disfranch1ses
them, by hundreds Of thousands, and degrades
them alf-even those who are admitted to be guilt.
less-from the rank Of hee1aen to the condition OF
slaves.
The purpose and object Of the bill tho general
intent which pervades it from beginning to end-ls
to change the entire structure and character OF the
State governments, and to compel them oy 1orce 70
the adoption Of organic laws and regulations which
The negroes have not asked for the privilege Of
yotingSthe vast majority Of them have no idea
what It means. This bill not only thrusts it into
their hands, but compels them, as well as tho
whites, to use it in particular way. II they DO
not form constitution with prescribed articles in
it, and afterwards elect Legislature which Will
act upon certain meagures in q prescribed Way,
neither blacks nor whites can be relieved rom the
slavery which the bill imposes upon them: With
out pausing here to consider tho policy or impoiicy
Of AfricaniSng the Southern part Of our territory,
would simply ask the attention Of Congress to taat
manifest, well-known, and universally acknoWl-
edged rule Of constitutional low, which declares
Ehat the Federal Government has no jurisdiction,
any State. TO force the right Of suffrage out OF
the hands of the white people and into the hands OF
the negroes is an arbitrary violation ofths principle.
The bill imposes martial Law at once, and lts
operations will begin as soon as the General and
his troops can be put in place. The lead alterna-
tive between it's harsh rule and compliance with
the terms Of this measure is not suspended, nor
are the people afforded any time for free deibera-
ton The bill says to them, take martial law first,
then deliberate. And when they have done all
that this measure requires them TO 90, otner con-
ditions and contingencies, over which they have
no control, yet rem1in to be fulfilled before they
can be relieved from martial law. Another Con
eress must first approve the constitutions, made
In conformity with the viii OF thus Congress, and
must declare these States entitled to representa-
ton in both Houses. The whole question thus re-
mains open and unsettled, and must again occupy
the attention Of Congress-. and In the meantime
the agitation which now prevails will continue to
disturb all portions OF the people.
l.. ,nts Of ten Of the States which participated in
the ratification Of the amendment to the Federal
Constitution aboishing slavery forever within the
Jurisdiction Of the United States, and practically
excludes them from the Union. II this essump-
ton Of the bill be correct, their concurrence can
not be considered as having been legally giyen
and the important fact is made to appear that the
consent Of threefourths OF the states-the requls-
ite number-has noG been constitutonally OBJ
tanned to the ratification OF that amendment, thus
leaving the question OF slavery where it stood be-
fore the amendment was officially declared to
have become part Of the Constitution.
That the measure proposed BY this bill does vio-
late the Constitution in the particulars mentioned,
merate, is too clear to admit OF the least doubt.
It only remains to consider whether the injunc
tions Of that instrument ought to be obeyed or not
think they ought to be obeyed, for reasons which
will proceed to give as briefly as possible.
In the first place, it is tho only system Of free
When it ceases to be the rule Ct our conduct, we
NAV, perhaps, take our choice between complete
anarchy, consolidated despotism, and total
dissolution Of the Union, but national liberty,
regulated by law, will have passed beyond our
reach.
It is the best frame Of government the world
ever saw. No other is or can be so well adapted
to the genius, habits, or wants of the American
people. Combining the strength of o great empire
with unspeakable blessings Of local self-govern-
ment-having central power to defend the gene
raj interests and recognizing the authority Of the
States as the guardians Of industrial rights, it Is
"tho sheet-anchor Of our safety abroad and our
peace at home." 1t was ordained sto form moro
perfect union, establish justice, insure domestic
tranquility, promote the general welfare, provide
for the common defence, and secure the blessings
of liberty to ourselves and to our posterity."
These great ends have been attained heretofore
and will be again, by faithful obedience to it, but
they are certain to be lost it We trent with disre-
eafd it's sacred obligations.
1t was to punish the gross crime Of defying tho
Constitution and to vndicate it's supreme author