The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1867-12-12

TO state law 10 organize anu oPcialo ail
the political machinery of the States to
regulate the whole administration of
their domestic and local affairs, accord
ing to the mere will ofstrange and irre>
sponsble agents sent among them for
that purpose.
These are powers not granted to the
Federal Government, or to any one OF
its branches not being granted, we Wis
olatc our trust by assuming them as
palpably as he would by acting in the
face Of a positive interdict, for the Con-
sstitution forbids us to do whatever it
does not ,aflirmatively authorize, even
by express, words or by clear implication.
If the authority we desire to use does
not come before us through the G onsti>
tuition, we can exercise it only by usur>
patton, and usurpation is one of the most
dangerous of political crimes. By that
crime the enemies Of free government
in all ages have worked out their de-
signs against public liberty and private
right. 1t leads directly and immediate
ly to the establishment of absolute srule
for undclegated power is always unlimi-
ted and unrestraiLed.
The acts of Congress in question are
not only Objectionable for their assumpN
tion of ungranted power, but many of
their provisions are in conflict with the
direct prohibitions of the Constitution
The Constitution commands that a re.
. publican form Of government shall be
guaranteed to all the States that no per-
; son shall be deprived of lite, liberty or
property, without due process Of law /;
/ arrested without judicial warrant, or
, punished without fair trial before an
impartial jury that the privilege of ha-
Jeas corpus shall not be denied in time
, of peace, and that no bill. of attainder
shall be passed even against a single in
, dividual. Yet the system Of measures
: established by these acts of Congress
does totally subvert and destroy the form
e as we'll as the substance of republican
t government. In the ten States to which
q they apply it buds them hand and foot
y in al solute slavery, and subjects them
l to strange and hostile power more un-
s limited and more likely to be abused
D.. than any other now known among civil.
+ lied men.
1t tramples down all those rights
which the essence of liberty consists
= and which free government is always
3 most careful TO protect. 1t denies the
d haJeds corpnS and trial by jury. Per
f sonal freedom, property eud life, if as
q sailed hy the passion, the prejudice OF
:. the rapacity of the ruler, have no secur
= ity whatever. 1t has the effect of bill
n of attaindcr, or bill of pains Or penalties
IS not upon a few individuals, but upon
# whole masses, including the million,
v who inhabit the subject States, and even
q their unborn children. These wrongs
# being expressly forbidden, cannot be
It constitutionally inflicted upon any por
t. ton of Cur people, no natter how they
II may have come within our Jurisdiction
!. and no matter whether they live il
States Territories or Districts.
| have no desire to save from tn,
o proper and just consequences of thei
l. great crime. those who engaged in rebel
j. lion against the government, but as
e mode of punishment, the measures un
t, der consideration are the most unreason
h able that could be invented. Many o
it those persons are perfectly innocent
n Many kept their fidelity to the Uniol
lie untainted to the last. Many were inca
t. pable Of any legal offence A large pro
e portion even of the persons able to bea
@, arms were forced into rebellion agains
d their will, and Of those that are guilt
q with their own consent, the degrees O
Of guilt are as various as the shades of thei
le character and temper. ....
/, But these acts OF Congress confoun
le them all together in Que common doom
y Indiscriminate vengeance upon classes
le sects, aud parties, or upon whole CON
le munities for offences committed by a POI
ton of them against the governments I
Sc which they owed obedience, was commo
ul iu the barbarous ages of the world. Blu
lie Christianity and civilization have mad
h such progress, that recourse to pun
,r ishment so cruel and unjust we NEE
If with the condemnation of all unpreju
of diced and right'minded men. The pr
e. nitive justice of this age, and especial
ne of this coun try, does not consist in striI
tn ping whole States of their liberties an
y reducing all their people, without dis
ly tinction, to the condition Of slavery. ]
70 deals separately with each individua
C. confines itself to the forms of law, an
an vindicates its own purity by an impartii
examination Of every case before con
re petent judicial tribdnal.
ms If this does not satisfy all our desire
he with regard to Southern rebels, let I
MS console ourselves by rejecting that
RS. free Constitution, triumphant in W;