Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-12-04
VOL. XXXIV.


States. They are bound 10 obey it, and
so are we. The right of The Federal gov
ernment, which is clear ami unquestion-
able, TO enforce the constitution upon
them, implies the correlatiye obligationon
our part 20 observe ifs limitations and ex-
ecnte its guarantees. Without the eonsti-
tuition we are nothing BY, through, and
under the constitution we are what At
makes us. We may doubt the wisdom Of
the law, We may moi approve OF its pro-
visions, but We cannot violate 70 merely
because it seems 20 canine our powers
within limits narrower than We could
wish. II is not question of individual
or class or sectional interest, much less OF
party predominance, bnto duty, which We
are all sworn TO perform. If We cannot
support the constitution wilh the cheerful
alaeFity Of those who love and believe IA
il, we must give TO il, at least, the fidelity
of public servants who are each nnder
solemn obligations and commands which
they do not disregard.
THE WAR PLEDGES OF THE GovERKMENT.
Constitutional duty is not the only one
which requires States TO he restored. There
is another consideration, which, though Of
minor importance, is yet Of great weight.
@" the 22d Of July, 1861, Congress de-
clared by an almost unanimous vote of
both Houses that the war should abe con-
Quoted solely for the purpose of preserving
the Union and maintaining the supremacy
Of the Federal Constitution and laws with
ont inp@;ring the dignity, equality and
rights of States or Individuals" and that
when this was done the war should cease.
do notsay this declarat ion is personally
binding on those who Joined In making il.
any more than individual members of Con-
gress are personally bound to pay public
debt created under law for which they
voted; but il was a solemn, public, official
pledge of national honor, and | cannot
imagine upon what ground repudiation of
it is to be justified. If it be said that we
are not bound to keep faith with rebels, let
il be remembered that this promise was
not made TO rebels only. Thousands of
true men in the South were drawn TO our
standard by it, and hundreds of thousands
in the North gave their lives in the belief
that il wonld be carried ont. @
II was made on the day after the first
great battle Of the war had been fought and
lost. All patriotic and intelligent men
then saw the necessity of giving such an
assurance, and believed that without il the
war would end in disaster to our cause.
Having given that assurance in the ex>
tremity of our peril, violation Of it now, in
the day Of our power, would be a rude
rending of that good faith which holds the
moral world together. Orr country would
cease TO have any claim upon the conf
dence of men. 1t would make the war not
only failure bat fraud.
REPEAL OF THE RECONSTRUCTION ACTS.
Being sincerely convinced that these
views are correct, ! woui1 be unfaithfnl to
my duty did / not recommend The repeal
of the acts of Congress which place ten of
the Southern States under the domination
of military masters. If calm reflection
shall satisfy majority Of your honorable
bodies that the acts referred to are not only
a violation of the national faith, but in di-
rect conflict with the constitution, / dare
not permit myself to donbt that you viii
Immediately strike them from the statute
books. To demonstrate the unconstitu-
tional character of those acts / need do
no more than refer TO their general pro-
visions
1t must be seen at once that they are sH-
thorized TO dictate what alterations s-sAA
be made in the constitutions of the several
States, to control elections of State Legis-
latures and State officers, members of Con-
greas aud election of President and Vice
President, by arbitrarily declaring who
shall vote and who shall be excluded from
that privilege; to dissolve State Legisla-
tures or prevent them from assembling: to
dismiss Judges and other civil functionarles
of States, and appoint others without regard
to the State; TO organize and operate all
the political machinery of the State TO
regulate the whole administration of their
domestic aud 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 of IFS
branches. Not being granted, We violate
our trust by assuming them as palpsbly as
We would by acting in the face of posi-
tive interdict for the constitution fOrbids
us 10 do whatever il does not atfrmatively
authorize, either by express words or clear
implication. IL the authority we desire to
Use does not come 10 us through the consti-
tutiCn we can exercise il only by usurpa-
tion, and usurpation is the most dangerous
of political crimes. BY that crime the enc
mics Of free government in all ages have
worked ont their designs against public
liberty and private right. Ii leads directly
and Immediately to the establishment Of
absolute rule; for undelegated power Is
always unlimited and unrestrained.
UNCONSTITUTIONAL FEATURES OF THE
ACTS
The acts of Congress in question are not
only objectionable for their assumption of
ungranted powers, bnt many of their pros
visions are in conflict with the direct pro>
hibitions of the constitution. The consti~
tuition commands that a republican form Of
government shall he guaranteed TO all the
States that no person shall be deprived Of
life, liberty or property, without due pro-
cess of law, arrested without a judicial
warrant, or punished without fair trial
before an impartial jury that the priyi-
lege of hd6eas oorpus shall not be denied
| in time of peace; and that no bill of attain
der shall be passed even against single
| individual vet the system of measures es~
| tablished hy these acts of Congress, does
totally subVert and destroy the form, as
| we'll as substance, Of republican govern
ment in the ten States 10 which they apply.
Ii binds them hand and foot in absolute
slavery, and subjects them to a strange
| and hostile power, more unlimited and
more likely 20 be abused than any other
now known among civilized men. Il tram
| pies down all those rights in which the es-
sence of liberty consists, and which free
government is always most careful TO pro-
tect. IL denies habeas corpus and trial by
! inry. Personal freedom, property and life,
| if assailed by the passion, prejudice or ra'
pacity OF the ruler, have no security what
| ever. Ii has the effect Of bill Of attain
| der or hill of pain aud penalties, not upon
a few individuals, bat upon whole masses
including millions who inhabit the sab
iected States, and even their unborn chill
dren. These wrongs being expressly for
bidden, cannot be constitutionally inflicted
upon any portion of our people, no matter
how they may have come within our juTis
iiction, and no matter whether they live
in States, territories or districts.
have no desire TO save from the proper
and lust consequences of their great crime
those who were in rebellion against th'
government; but as q mode of punishment
the measures under consideration are th'
most unreasonable that could be invented
Many Of those people are perfectly inno
cent. Many kept their fidelity to th'
Union untainted to the last. Many wer
incapable of any legal ofense. A larg
portion even Of the persons able 10 beai
arms were forced into the rebellion agains
their will. and of those who are guilty Will