Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-12-04


and lost. All patriotic and inielligen
men then saw the necessity OF glvlnl
such an assurance, aud believed tina
without il the war would end in disaste
TO our cause. Having given that assur
ance in the extremity Of our peril
violation OF Il now, in the day OF GU
power, would be a rude rending OF tina
good faith which holds the moral worl'
together. Our country would cease t
have any claim upon the confidence o
men. II would make the war not only
failure, but fraud
But sincerely convinced that thes'
views are correct, would be uniaithiu
TO my duty did / not recommend the re-
peal Of the acts of Congress which place
ten of the Southern States under the
domination of military masters. IL calm
reflection shall satisfy majority OF your
honorable bodies that the acts referred u
are not only violation OF the national
faith, but in direct conflict with the Con
stitution. dare not permit myself to
doubt that you will Immediately strike
them from the statute books To demon.
strate the unconstitutional character OF
those acts | need do no more than refer
to their general provisions.
II must be seen at once that they are
authorized to dictate what alterations
shall be made in the constitutions OF the
several States, to control elections OF
State Legislatures and State officers,
members of Congress and election OF
President and Vice President, by arbi-
trarily declaring who shall vote and who
shall be excluded from that privilege !
to dissolve State Legislatures or prevent
them from assembling; to dismiss Judges
and other civil functionaries OF states,
aud appoint others without regard to the
State; to organize and operate oil the
political machinery of the State; to reg
ulate the whole administration OF their
domestic and local affairs according TO
the mere will of strange and irresponsible
agents sent among them for that purpose
These are powers not granted to the FED
eral Government, nor to any one oil It's
branches. Not being granted, we violate
our trust by assuming them as palpa6ly
as we would by acting in the face OF a
positive interdict; for the Constitution
forbids us to do whatever it does not
authorize, either by express
words or clear implication. 1t the au'
thority we desire to use does not come to
us through the Constitution we can exer'
else it only by usurpation, and usurpa,,
ton 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 rights. 1t leads directly and
Immediately to the establishment Of.
absolute rule; for undelegated power is
always unlimited and unrestrained.
The acts of Congress in question are
not only Objectionable for their assump,.
ion of ungranted powers, but many OF
heir provisions are in conflict with the
iirect prohibitions of the Constitution.
The Constitution commands that a re
publican form of government shall be
guaranteed to all the States; that no
person shall be deprived of either life,
liberty or property, without due process
,f law, arrested without a Judicial war
rant, or punished without fair trial be-
lore an impartial jury that the privilege
,f habeas corpus shall not be denied In
lime of peace; and that no bill OF at
.aiuder shall be passed even against a
single Individually yet tie system OF
N easures established by these acts OF
Congress, does totally subvert and
DESTROY the form, as we'll as substance OF
republican government in ten States to
which they apply.
1t binds them hand and foot in absolute
slavery, and subjects them to strange
and hostile power, more unlimited and
likely to be abused than any other now
Known among civilized men. 1t
ramples down all those rights in which |
he essence of liberty consists and which |
rec government is always most careful
o protect. 1t denies habeas corpus and !
rial by jury. Personal freedom, property |
md life, if assaulted by the passion,
prejudice or rapacity of the ruler, have
10 security whatever. 1t has the effect |
If bill OF attainder or bill of pains and
not upon few individuals,
nut upon whole masses, including |
Millions who inhabit the subject States,
md even their unborn children. These
wrongs being expressly forbidden, cannot
,e constitutionally inflicted upon any |
portion of our people, no matter how |
hey NAV have come within our jurisdic- |
ion, and no matter whether they live in |
states, territories or districts.
have no desire to save from the
roper and just consequences of their
reat crime those who were in rebellion
gainst the Government; but as a mode
{ punishment the measures under con-
liberation are the most unreasonable |
hat could be invented. Many of those
,eople are perfectly innocent Many
.ept their fidelity to the Union untainted \
o the last. Many were incapable of any |
egal ofiense. A large portion even of
he persons able to bear arms were forced |
nto the rebellion against their will, and
f those who are guilty with their own
onsent the degrees of guilt are as vari-
us as the shades of their character and
emper. But these acts Of Congress con-
ound them all together in one common
DOM.
Indiscriminate vengeance upon classes,
ects and parties, or upon whole com
lunities, for offenses committed by a
ortion of them against governments to
-hich they owed obedience, we're com
ION in the barbarous ages of the world
ut Christianity and civilization have
lade such progress that recourse to a
enlistment so cruel and unjust would
leet with the condemnation of all UNI
rejudiced and rightminded men. The
unitive justice of the age, especially Of
his country, does not consist of strip
ing whole States of their liberties and
aducing all their people, without dis
notion, to a condition of slavery. 1t
eals separately with each individual,
onfines itself to the forms Of law, and
indicates its own purity by an impartial