Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-24

However that is, the legislative decla'
ration in question is not a laic, but the as.
sertion Of a legal proposition, or q de.
cision, which the Legislature is not COM
petent to make. A legislative declara'
ton can neither prove pre-existent fact;
or the correctness Of legal propositions,
They could annihilate the State Govern
ments, perhaps but they could not de.
/ eide that they were illegal. That the
Courts alone can do, or the people c.
each State.
Mr., STEVENS, determined st all cost
TO b. consistent, declares that the Con.
stitution is not in force in the conquered
states, and that its guarantees cannot bc
appealed to by the people there, anc
may be wholly disregsrded by Congress:
in Iegislating for them. As We have
seen, it has been soIemnly adjudged by
I the Supreme Court, even the dissenting
Judges agreeing with the majority Of the
Court on this point, in language asstrOng
and pointed as theirs, that Congress ha;
no powers of legislation, over 3 con.
qusred people, or over anything, except
uRder the Constitution; that the CoDsti'
tuition and it alone governs, wherever
the dominion OF the United States ex-
tends: that Congress 8 exercise des,
potic powers u0Jrhsrsr and cannot even
in I-esislatiug for a conquered country,
violate the provisions Of the Constitution.
What has it, nevertheless, undertaken
to do
It has, as to sll legislation for the
government Of the ten States that
seeded from the Union, declared that il
does not derive ius powers from the Con
sttution, by virtue OF which only it has
any existence, any powers, or any caPa-
/ CITY TO legisIste at all; and claims to be
/ omuipotent, SIS an Imperial Parliament,
I like the Senate Of the Roman Republic
! or the National Convention Of France,
bv virtue Of the right and law Of Con
quest. The Supreme Court has declared
that it can have no such powers and,
in exercising them, it IS q mere unlawful
! assemblyof individuals, to execute whose
mandates in that respect is to commit
almost every violent and %felonious
| offence known to the criminal law.
1t has declared, both in language and
by acts. that speak even distinctly
than words, that the Constitution Of the
United States is no more in force in the
| ~subiugated States, and a law for their
people. than that Of England is when
/ the Supreme Court has decided that the
Constitution governs throughout all
country under the dominion Of the Uni
ted States, and in that obtained by con-
quest, no less than elsewhere.
Having no right or power to establish
anywhere q form OF government not in
accordance with the genius and spirit Of
( r-epu6licauism and the Constitution il
has placed under military authority an
immense country, inhabited by many
millions Of people OF the same race as its
I own. and established over them a mill
tarv despotism Of the same nature with
( the proconsuIates of the Roman Empire
and the Pachaliks Of Turkey, in PERU
rous violation u the oaths Of its mem
bers to preserve, protect and defend the
| Constitution of the United States, and
in betrayal Of the great interests Of hu-
man liberty; they thus outlawing them
selves and becoming the enemies Of the
human race, and traitors despicsbls and
detestable.
It has placed over two Of the original
thirteen States Of the Union, as CHsAB
and PAcHA, a COLONEL Of the Army Of
/ the United States, and by vote Of thanks
and express ratification approved ths
assumption by him Of unlimited auto.
cratic powers. It hes authorized him tC
enact laws, to paraIyze the process Of the
/ Courts Of the State and even OF thS
United States, to stay the ordinary
course OF justice in matters Of individual
right, to pass laws violating the Obliga'
ton Of contracts, TO create and define
! Ofiences unknown to the laws, 20 try
freemen for violations Of his code, fix the
penalties and iafict the punishment
and has, ia short, invested him viii
every power Of q despot, except that o
life and death.
We do not deny the right Of the Con.
gress Of the United States to treat the
/ Southern States as a conquered country
and 10 disregard the old lines Of tn,
states, and divide them into Provinces
or Territories in whatever way it's judg,
ment may approve. But We deny it
right to declare the existing Govern.
ments o. these States illegal. No civil
lied nation does that in respect to (
conquered country. II is Il piece o
useless injustice and cruelty to indi
viduais, even the most innocent, o
which 10 people except those Of the
Northern States would at this day b,
guilty. And we deny, because the Su.
preme Court has unequiv0cally denied
their power TO establish a despotic Gov.
eminent over any conquered country
They cannot continue the military
power over it after its submission, bu.
must establish some form Of civil gov.
ernment and extend over the people
the egis Of the Constitution Of the
United States, TO whose beneficial pro.
lection they have the ssUe right as they
have to the enjoyment Of the sunlight
and the air. Il dishOa0ur8 the Nation Il
DEM them aay Of these rights, because Il
is a detestabie end cowardly crime, o.
the same grade with assassination by
poison and the dagger, only even NOR,
infamous and villainOus. The peOpl,
that claims to be free, and establishes
despotism over Others, is the JUDAS
IsCARIoT that betray5 liberty 10 butch
~ers and assassins.
Tie Constitution Of the United State.
imposes these peremptory restrictions
among others, on the powers Of the Con
gress
That the trial Of all crimes, except il
cases Of Impeachment, shall be BY jury
and no person shall be held to answel
for scapital or otherwise Infamous crime
unlessupOn a presentment or indictmeni
Of grand jury, except in cases arising il
the land and naval forces, or in the mill.
tia when in actual service in time Of war
or public danger.
That DO person shall be deprived o.
life, liberty or property, without due pro.
Cess Of law.
That in all criminal prosecutions the
accused shall enjoy the right to a speedy
and public trial by an impartial jury.
That the privilege of the writ Of Hs-
beas Corpus shall not be suspended, IN
less when, in cases Of rebellion or inva-
sion, the public safety may require It.
That no law shall be enacted, abridg-
ing the freedom Of speech or Of the press.
That the right Of the people to keep