Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-10-15

an exception to the general rule! Are they
more pure in heart than their fellow beings
ln word, are they inspired beings of God
immaculate! If not, then justice will sink
into the bosom of the grave, where charity
aud benevUlence, mourn Ger the dead Con-
slider for moment. to what ends these CON-
manders may go: First it is for them to de-
eide what an offence is; they can then in the
organization of their military tribunals, ap-
point such ones as may best suit their 9ur-
poses it can therefore easily be seen, that
man may 80 to his trial. prejudged aud pre-
condemned. Now, do not mean to infer,
that In every instance, this will be the case
but do mean, that if evil will be done, aud
injustice perpetrated. while the restraints aud
riSOrs of the law are in force, they must be
greatly increased. when act of Congress
throws around them, a shield of protection,
by demolishing the fixed laws, by which they
were restrained.
Did suppose that the American people
had ceased to regard the right of trial by jury,
with that appreciation which its importance
demands, l feel sure, that out upon the broad
sea of our nationality, would be discerned,
the recediug waves of liberty, and the oE>
ward rolling billows Of military despOtism.-
But, l feel an assurance, that with them, it is
not underrated; that they are fully awake to
the importance of its preservation; and when
the proper time comes, will make such
decision will show to those who have dared
to disregard it, that they are their servants.
and not their masters.
Art. Sth of the amendments to the consti
tuition says: Excessive bail shall not be re-
quired, nor excessive fines imposed, nor
| cruel aud unusual punishment Inflicted,
What are we to understand by cruel and
unusual punishment? Clearly. that which
exceeds the authority of the law, or by its
silence, is not defined. Then, is not this
! whole bill a cruel and unusual punishment?
la vain, may the supporters Of this act turn
the leaves OF the profound Blackstone for its
Justification; or clUsct themselves with Kent,
StOryOani their learned associates upon the
science OF human government. that they may
gain single idea, 10y which it may be SAGE
toned. Such punishment as this, is not
"uly unusual. but never before, either in an
cient, medi9val, or modern history, has i:
been known. 1t is OF Il species, peculiarly
! characteristic of American radical legislation.
| Is it not unusual punishment, to tear down
the acknowledged State governments of
| people, depriving them Of the protection of
| law, and place them under the yoke of mii>
tary subjcctiun | leave the question, bur-
/ deued Us it is, with considerations of the
| greatest magnitude, to that contemplation
which it deserves at your hands, and which,
| am confident it will receive aud when it
has been duly considered, the conclusion ut
which you will arrive, can be easily OWNED
by uPrejudiced mind.
See. = of Art +, Of the Constitution, says:
The citizens oi each S ate, shalt be eutitled
to all privileges aud immuuit!es, Of citIzens
III the several States.
But this bill, with its Wholesale measure of
prescription, deprives the people OF ten OF our
States, Of every privilege and immunity
which the citizens Of the several States eu-
joy. Not even allowing them the privilege
Ut managing their own InteTna! affairs. Their
State governments, with all The necessary Ie>
gal appendages to secure thcir operation, are
made subservieut TO power ut war with the
principles of our government, and totally es-
tranged to the wants Of the civilian.
Sec. l, of Art. ,, OF the Constitution says
The judicial power OF the ULitcd States shall
be vested in one Supreme Court, and III such
inferior courts as Congress may, from time
, to time, ordaIn aud establish and states de-
fmltey, what shall be the extent Of their ju-
r>dicton, but no where IN it, is there to De
found, u s'"glc sentence, that gives to Con.
gross the power Of dc.egating to the military,
/ the authority Of taking cUgu.ZIuce Uf actions,
arising out OF questions OF civil law. Such 4
doctrine would be SO INDUSTRIOUS an outrage
upon the liberties of the people, that il is df-
hcuit to suppose, that there could be many in
our country. who cOuld iora moment entertain
it. Yet, this bill puts the judlcial power at
the entire disposal OF the district Commanders;
giving them the only requisite left, that they
may wied absolute power, and staud the uu-
questioned despOts, who may rule with iron
rod.
l shall call your attention to one more con-
IL
ton of the bill wherein are specified the con
ditious to be accepted by those States, be-
fore they can be allowed representation in
Congress, according to the radical programme.
Sec. 4th OF Art. 4th, says The United
States shall guarantee to every State OF this
Union. republican form of government
Now, every one knows that republican form
of government is one in which the will of
the people is the supreme power that has the
authority 10 dictate how they shall be governed
With the States OF the Union, it Is that pow
cr. so far abridged, and no farther, as has been
done by the delegation OF certain specified
powers to the Federal government; aud sure
ly, the delegation of those powers, does not
amount to an authority upon the part of the
Federal government, to strike from existence
the head aud fountain of its own life. If it
did, it would follow natural consequence,
that the States have no rights, which the geu-
eral government is bound to respect. They
would be mere creatures of weakness, de-
pendent for their lives upon the capricious
whims of congressional legislation.
Does this bill guarantee tn those States
republican form Of government! No, it es-
ta0lishes 4 power over them without their
CONSENT; aud to remain, until Congress shall
see fit to admit them to representation. How
long that will be, is quite as uncertain, as the
bill is unconstitutional.
Having thus far, confined myself almost
entirely to the powers of the district COM