The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-12-10

the mere will of strange and irresponsible
agents, sent among them for that purpose
Il these are powers not granted to ths
Federal Government; or to any one OF its
branches. Not being granted, we vie
late our trust by assuming them as palpA-
bly,as we would by acting in the face Of .
positive interdict; for the Constitutisn
forbids us to do Whatever il does not AZ
frmatively authorize. either BY express
words or clear implication. IF the au-
thority we desire to use does not come to
us through the Constitution, We can ex-
ercise it only By usurpation, and usur-
patton, 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 right. 1t leads directly and
Immediately to: the establishment Of abb
solute rule; for undelegated power is al
ways unlimited and unrestrained.
MILITARY RULE FATAL TO REPUBLICAN,
GOVERNMENT.
/ The acts of Congress in question are
/ not only Objectionable for their assumpS
tion Of ungrauted power, but many Of
their provisions are in conflict with the
direct prohibitions of the Constitution.
The Constitution commands that re p
publican form Of government shall be-
guaranteed to all the States; that no per-
son shall be deprived Of, life, liberty, or
property without due process Of law,
arrested without judicial warrant, sr
punished without.a q fair trial before an
Impartial jury; that the privilege of ho-
6eos corpus shall not be denied in time OF
peace; and that no bill of attainder shall
be passed even against single individual.
i Yet the system of measures established
/ BY these acts of Congress does totally
lsubvert and destroy the form as we'll as
/ the substance Of republican government
lin the ten States to which they apply.
4 It binds them hand and foot in absolute
slavery, and subjects them 70 a strange
and hostile power, more unlimited and
more likely to be abused than any other
now known among civilized men. Il
| tramples down all those rights iniwhich
s the essence of liberty consists, and which
! free government is always most careful
! to protect. It denies the hnbeds corpHs
and tie trial by jury. Personal freedom
n property and life, if assailed BY the pas
] sion, the prejudice, or the rapacity of tho
! ruler, have 70 security whatever. It has
4 the effect of bill Of attaindsr, or bill
of pains and penalties, not upon few
i individuals, but upon whole masses, in
8 cluding the millions who inhabit the sub
lject States, and even their unborn chill
dreD. These wrongs, being expressly
q forbidden, cannot be constitutionally in
Il flicted upon any portion Of our people,
!. no matter how they may have come with
i in our jurisdiction, and no matter wheth..
, er they live in States, Territories, or dis-
Il tricts. Ba5iS5 8.a $50 gr.
RI BRIGADIKR GOVERNMENT UNREAsoNABLB
4 AS A PUNISHMENT. as 81
Fl have no desire to save from the pro-
j per and just consequences Of their great
t crime those who engaged in rebellion
i against the Governments; but 40 a mode
> of punishment the measures under CEN
! sideration are the most unreasonable that
could be invented Many of those peo-
!, pie are perfectly innocent; many kept
q their fidelity to the Union untainted 10
the last; many we're incapable of any 10
gal offence; q large proportion even Of
the persons able to bear arms we're forced
! into rebellion against their will; and Of
those who are guilty with their own con-
: sent, the degrees Of guilt are as various
!. as the shades of their character and tem7
per. But these acts ofCongress confound
them all together in one common doom.
! Indescriminate vengeance upon classes,
sects. and parties, or upon whole COM
munities,3 fer offences committed By
: portion of them against the governments
to which they owed obedience, was COM
I mon in the barbarous ages of the world.
:, But Christianity and civilization have
made such progress that recourse to :
! punishment so cruel and unjust would
meet with the condemnation of all unprej-
udicsd and right-minded men. The pu-
: nitiye justice Of this age, and especially
Il of this country, does not consist in strip
ping whole States of their liberties, and
reducing all their people, without dis
. tinctiou to the condition of slavery. II
t deals seperately with each indiyidual
9 confines itself to the forms Of law. and
yindicates its own purity by an inn
partial ex animation Of every case before
4 4 competent judicial tribunal. IF this
/ does not satisfy all our desires with re-
card 70 Southern rebels. let us console.
J ourselves by rejecting that ! free Con-
! stitution triumphant In war and unbro-