The southerner., 1867-03-07

"
ambiguous language, that all persons
shall have that right, aud that no person
shall ever in any case be deprived OF 1t.
The Constitution also forbids the arrest OF
the citizen without judicial warrant, foun-
ded ON probable cause. The blil author
ICES an arrest without warrant, at the
plasure of a militAry commander. Ihe
Constituu IN declares inst mo person
shall be held to answer for capital or
otherwise infamous CRIME, unless on pre-
sentiment by a grand jury. This bill
holds every person, not soldier, answers
able for all crimes and all charges with
out any presentment. The Constitution
declares that "no p rson shall be deprived
Of life, liberty, or property without que
process of law, and makes the citizens
nswerable in his person and property
to the will of one man, and as TO his lie
to the wi / of two. Finally, tie Constitu-
tion declares that 'the privilege OF the
writ of habeds corpus shall not be sus-
pended unless when, in case of rebellion
Or invasion, the public safety may require
it ;" whereas this bill declares martial
law (Which of itself susps nds this great
wrlt) in time of peace, and authorizes the
military to make the arrest, and gives to
the prisoner only one privilege, and that
IL trial without unnecessary delay
He has no hope of release from custody,
except the hope, sucn as it is, of release
by acquital before military commission.
The United States are bound to guar
antee to each State republican of gov~
ernment. Can it be pretended that this
obligation is not palpably broken if We
carry out measure like this, which wipes
ava every vestlce Of republican govern
| ment in ten States and puts the life. props
erty, liber and honor Of all the people
| in each of them under the domination of
single person clothed with unlimited
authority?
The Parliament of England, exercising
the omnipotent power which 1t Gained,
Was accustomed to pass bills of attain>
der; that is to say, it would convict men
of treason and other crimes by leglsla>
i've enactment. The person accused had
a hearing, sometimes a patient and far
one; but generally party pref idice pre-
necessary for Parliament to ackno" led ge
is error and reverse its own.ction. The
fathers of cur couutry determined that no
such thing should occur here. They
withheld the power from Congress, and
thus forbade its exercise by that body !;
and they provided in the Constitution that
no S ate should pass any till of attaiucer.
II is, therefore, impossible for any persoa
in this country to be consitulionally con,
victed or punished for any crime by leg
isiatlve proceeding of any sort. Never
theless, hero is bill for a;tander against
nine millions of people a. once. tits
based upon an accusation so vague as to
be scarcely intelng!ble, and found to be
true upon no credible evidence. Not one
of the nine millions was heard in his own
defence. The representatives of the
doomed parties were excluded from all
p4r,cipa, ion 10 the trial. The conviction
IS to be followed by the most ignominious
punishment ever inflicted on large masses
OF men. 1t DISTINGUISHES them by hun
dreds of thousands, and degrades them
ail-even those who are admitted to be
gmllless-from the rank of lreemen to the
cond ton OF slaves.
The purpose and object of the bill-the
general intent which pervades il from the
regnnng to eud-is to chang the entire
structure and character of the Safe gov,
ernments, and to compel them by forct
to the adoption Of organic laws aud regu-
latlonS which they are unwilling 20 accep,
if left to themselves. TIE negroes have
not ask ID for the privilege Of voting-the
vast majority of them have no idea wha
it means. This bill not only tn! US i
into their hauds, but compels them, as
well as the whites, to use it in a partlcu'
lar way. L they do not form constitu,
: ion with prescrb d artic es IN it, aud af.
terwards elect a Legi lature which vii
| act upon CERTAIN measures in prescribed
way, neither lacks nor whites can be re
Ii we'd from the slavery which the till i'm
poses upoa them. WItrou pausing here
to consider the policy or impollcy OF Atri
, caulZlng the Southern part of cur terrific
, ry, would simply ask the attention o
, Congress to that manifest, well known ant
universally acgnow ledged rule of conssltu
tional law, which declares that the FEEDER
al government has no jurisdiction, author
lty or power 10 regul .te snch subjects o
any State. 10 force the right OF suif:ag
out of the hands oil the W, ite people an'
i4to the hands of the negroes is an arb
t'ary violation of this principle.
This bill imposes martial law at once
} and its operations will begin so soon a
} the General and his troops can be put i
place. The dread alternative between it
harsh rule and compliance with the term
7 OF this measure IS not suspended, nor ar
: the people afforded any time ior free de
: liberation. The bill says to them, tax
martial law Fl rst, then deliberate. An
e when they have done all that this measur
5 reqlires them to do, other conditions an
= Contingencies, over which they have n
: control, Yet remain TO be fulfilled befor
: they c.n be relieved from martial law
y Another Congress must first approve th
y Constitutions made in conformity wit
/, the will Of this Congress, and must de
- clare these States enti led 20 reresentatio
t in both Houses. The whole question thu
r remains bpen and unse tied, and mus
again occupy the attention of Congress:
and in the meantime the agitation whlc
# now prevails will continue to disturb a
= portions of the people.
r The bill also denies the legality of tn
: government of ten of the States whic
! participated in the ratification of the g
u men6ment to the Fedora, Constitutio
g abollshlng slavery forever within the ju
is risdicton of the United States, and prae
: tica ly excludes them from the Union.
this assumption of the bill be correc
o their concurrence ca not be consider
y having been legally given, and the impo
= tant fact is made to app, ar that The COZ
= sent of three>fourths of the States-tt