Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-12-14

Fhloh W. ~ re III fFHfn " fff 'afm "
~ asaas tFppau ne tinsiiiHiIaa SIN
me- fhssffd alssfIty " those shs late aei
tfIists isN We Must rlfa ~ \ Al isasi NE
aiflliF n tntlia ssttaHls sho NJ uHiff
suieHn thIifs i1as aHi Commands shloh
ihey isfs not i.sftgtri.
The eusVliuror' duiT Il not Tie oHiI
aHs stitch u1r e me- Hiaifi N be ftslor'
r There :. sssihef consideration whloh,
ih0urh ninNr Importance, u YET N great
y ,s.t I'm tie 21Lpf jnly lFhl, congfe"
.,s-la,s IS 49, almosi unaRimou' vote ~
bath n nscs ih,i me var should he con
,iueisl SOLELY inr the purpose NJ preserving
he linton an I maintaining the supremacy
~ the Federal constitution ,hl laws, with
out affecting the dignity equality aud
rights IL States ~ indiN idnals aud that
when This was done the war shrnld cease,
1 do not shy that this declaration Is per-
sonnily biudiug on those Who Joined ~
making u, any more han individual mem
hers vi Congress are personally hound TO
pay n public debt created under law Tor
which they voted, Int IL was solemn pub
Tic official pledp e national honor and
cannot imagine upon what grounds The re-
puliRlion oI u Is ~ hv justified, IL Y lie
said We are not hound Ia keep faith with
rebels, let II be remembered this promisi
was not made a. rebels only, Thousands
of Union men IN the South were drawn TO
our standard by Il, and hundreds of thou
sands IN the North gave their lives In the
belief tia, II would he carried out, II was
made on the day Aflcr The first great hattie
Of the war had bccn fought and lost. All
patriotic AMI intelligent men then saw the
necessity If giving such m assurance, DO,
licving that without II the war would end
! in disaster to our cause. Huying given
| that assurance in the extremity OF our
peril the violation Of il now, In the day
of our power, would be rude renting OF
that good faith which holds the moral
world together. Our country would cease
! 10 have any claim upon the confidence OF
...tn. II would make the war not only
failure, t,i fraud Being sincerely con.
WINGED lha, these views are correct, would
he uniaithfui 10 NY lnty if did not re-
commend the repeal OF he acts OF s"n'
gress, which places Ten OF the Sou,.crn
States under the domination Of military
masters. II calm rejection shall satisfy
majority of your honorable bodies that the
acts referred 10 are not only q violation
of national faith, but In direct conflict
with the constitution, | dare not permit
myself to doubt that you will Immediately
strike them from the Statute book TO dem.
onsirate the unconsl itutional character OF
those acts. | need do no more than refer
to this general provis ion. II mus, be seen
at once that they are not authorized 10 die
tate what alterations shall be made IN the
constitutions of the several States TO con-
troll elections of State legislators, State
officers, members Of Congress, and electors
of President and Vice President by arbi-
trar " declaring who shall vote and who
shall be excluded from that privilege; to
dissolve State Legislatures or prevent them
from assembling; to dismiss judges ana
other civil functionaries of the State, ana
appoint others without regard to State law;
10 organize and operate oil the politica
machinery Of the State; TO regulate the
whole administration Of their. domestic
and local affairs TO the mere NJ. .! Grange
and irresponsible agen;o cent among them
for that purpose. These are powers not
granted to the Federal Government or any
one of its branches Nut being granted, we
violate our trust by assuming them as pal
pably US we would by acting in the face Of
a positive interdct, for the constitution
forbids us to do whatever it doesnot affirm
atively authorize, either by express words
or by clear implication. If authority we
desire TO use does not come to us through
the constitution, we can exercise it only
by usurpation, and usurpntion is the most
dangerous of political crimes by that
crime the enemies of free governments, in
all ages, have worked out their designs
against public liberty and private rights.
| Ia ,1,,aok1x nd i'm Il iot nj " In thp
establishment Of au absolute rule, for un-
delegated power is always unlimited and
unrestrained. The acts Of Congress in
question arc not only Objectionable for
assumption of ungrlnted power, but many
of their provisions are in cOnf ct with di-
rect prohibitions Of the constitution, which
commands that a republican form of gov
eminent shall be guaranteed to all the
States that no person shall be deprived OF
life, liberty, or property, without due pro-
cess of law; arrest without judicial war
rant, or punished without fair trial before
an impartial jury; that the privilege oil
habeas corpus shall not be denied in time
of peace; and that no bill of attainder
shall be passed, even against n single in
established by these acts of Congress,
. uOeS tOIully SuDNtTL uuu uCotlSJ 'bS ioih
as well as The substance Of republican
government in ten States to which they
apply. 1t binds them hand aud foot in
absolute slavery, and subjects them to a
strange and hostile power more unlimited
and more likely to be abused than any
other now known among civilized men. 1t
tramples down all these rights in which the
essence Of liberty consists, and which free
government is always most careful to pro
tect 1t denies habeas corpus and trial by
jury. Personal freedom, property and life
if assaulted by the passion, prejudice or
caprice of the ruler, have no security
whatever. II has the effect of bill of at
tainder, or bill of pains and penalties,
not upon few individuals, but upon
whole masses, including the millions who
arc inhabitants Of the subject States, and
even their nnh"r. :l!!!ia:c::.
These wrongs being expressly forbidden,
cannot be constitutionally inflicted upon
any portion of our people, no matter how
they may have como within our jurisdiction
and no matter whether they live in States,
Territories or Districts. l have no desire
to save from the proper and just conse-
uuences of their great crimes those who
engaged in the rebellion against the Gov
crnmsnt, but us a mode Of punishment, the
measures under consideration are the most
unreasonable that could be invented
Many OF those people are perfectly limo
cent; many kept their fidelity to the I'm
ion untainted to the last; many are inca
pable Of any legal offence. A large por-
ton of persons able to bear arms were
forced into the rebellion against their will,
and Of those who are guilty with their own