The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1867-12-12


recommend an appeal of the acts Of
Congress, which place ten Of the
Southern States under the domiua.
ton Of military masters, If calm re-.
aection shall satisfy q majority of
your honorable bodies that the acts
referred to are not only violation Of
national faith, but ia direct conflict
with the constitution, | dare not per.
init myself to doubt that you will i'm.
mediately strike them from the stat,
ute books.
To demonstrate the uuconstitution
al character Of those bonds l need
do no more than refer to their general
provisions. IL must be seen at once
that they are not authorized to die
tate what alterations shall be made in
the Constitutions ftho several States;
to control elections of State legisla-
tors and State officers, members OF
Congress and electors of President
aud Vice President, by arbitrarily dc
claring who shall vote and who shall
be excluded from that privilege to
dissolve State Legislatures or prevent
them from assembling; to dismiss
Judges and other civil functionaries
of State, aud appoint others, withou,
regard to State law; to organize and
operate all the political machinery Of
the States to regulate the whole ad
ministration of their domestic and
local affairs according to the will of
strange and irresponsible agents sent
amoug them for that purpose. These
are powers not granted to the Federal
Government, or to any Que of its
branches. Not being granted, we
violate our trust by assuming them as
palpably as we would by acting In the
face of a positive iuterdict; for the
Constitution forbids us to do what.
ever it does not afirmatively author.
ize either by express words or by
clear implication. If the authority
we desire to use does not como to US
through the Constitution, we car OK.
ercisc il only by usurpation, and
usurpation is the most dangerous OF
political crimes. BY that crime the
enemies of free government in all
ages have worked out their designs
against public liberty and private
rights. 1t leads directly and immc-
diately to the establishment Of abso'
lutte rule, for undelegated power is
always unlimited and unrestrained.
The act of Congress in question
are not only Objectionable for their
assumption Of migrated power, but
many of their provisions are in con.
flict with the direct prohibitions Of
the Constitution. 1t commands that
republican form of government
shall DO guaranteed to all the States;
that no person shall be deprived OF
life, liberty, or property without due
process. of law, arrested without ju.
dicial warrant, or punished without a
fair trial before an impartial jury;
that the privilege Of habcas CORPUS
shall not be denied in time of peace,
and that no bill Of attainder. shall be
passed, even against single indiviu.
al. Yet the system of measures cs.
tablishod by these acts Of Congress
does totally subvert and destroy the
form as we'll as the substance of re
publican government in the ten
States to which they apply. 1t binds
them hand and foot in absolute sla.
very, aud subjects them to strange
and hostile power more Unlimited aud
more unlikely 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 alSays most careful to protect. II
denies the habcds corpus and trial BY
jury. Personal freedom, property
and life, If assailed by the passion
prejudice, or incapacity of the ruler
have no security whatever. 1t ha:
the eff ct of hill of attainder of q
bill of pains and penalties, not upon a
few individuals, but upon whole
masses, including millions who iuhab
it the subject States, and even theil
unborn children.
These wrongs being expressly for
hidden, can not be cOnstitutiOnallS
inflicted upon any portion Of our peo
Pile, no matter how they. may have
come within our jurisdiction, and M
matter whether they live iu States
Territories, or Districts. s-s-
have no desire TO save from tn,
proper and just consequences Of th@il
great crime those who engaged in re
bellion against the government; bu
as mode OF punishment, the measures
under consideration are the mos
unreasonable thateould be invented
Many of these people are perfectly
lenient. Many kept their fidelity t
the Union untainted to the last; NAM
were incapable of any legal ofiense
A large portion even Of persons abl,
to bear arms against their will, aud o
those who are guilty with their own con
sent, the degrees e. guilt are as vari
Gus as the shades of their characte
aud temper. Blu, these acts of Con
gress coufound hem all together il
one common, iudiscriminate punish
meut. VengeRee upon GLASSES, scots
or parties, or upon the whole commu
mites, foE offence committed by ther
against the governments to waic
they owed allegiance, was common /
the barbarous ages OF the world, bu
Christianity and civilization hay
made such progress, that recOgrse I
punishment so cruel aud uni us
woald meet With the condemnation 9
all unprejudiOod and right minde
men. M #AH tN e 6e
The punitive justice of this age, sl
pecially Of this country, does not cor
sist in stripping whole States Of the
liberties, and reducing all their ,peo
pie, without distinction, to conditio
Of slavery. It deals separately wit