Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-23

warrant founded on aftda ait, and for any
| consider an oIense. They are deprived Of the
great safeguard OF q Grand Jury-depriyed Of
life, liberty AID property, without due process
iury-lnilitary commissions beng substituted
composed OF oflcersseIeeted By the conlmandeE
Z 10 suit his purposes; hence the Dry Tortugas
I and the Southern Penitenuaries and military
prsstss are HE'D with the Tin fortunate vfosnla
81 the unbridled passions OF petty military des-
pots. All this ~ as been done, a.
though the Southern people had cheeFfuliy
acquieseed in the results OF The war bS
reTeVving Ia good faith their allegiance 10 the
\. Tnited States, and although they had eEtab-
IiShea state Governments by amending their
CGustftulions to conform 10 the results of the
va and the demands OF the Northern people
/ T.ese governmental were established by con-
ventions elected by the people, the true source
oFslI zo.ylf DaeIlis: Ley were ia comp etc and
Z snese sful operation, and had been 50 Tor
. months; they had been recognized by Che
Z President aud all the Otner departDents wnjcA,
aSleo-pIae 10 he decision OF the Supreme Court
: rret,sIded all further questions concerning
: them. They had, moreover, sent thelr Sena,
10 be ad niIted 70 thsir places which was arbi-
! trarily re used by resolution which declared
that those StaBes were not entitled 20 De repre-
4 ssnted in utter disregard OF the express dscla-
( rafion OF the Constitution. Ana IL Violation
OF principle sancttned o. me revolution Of
] ~ monte were heavily taxed Without re presen-
/ alton As these states had suen gov srnni en- .,
1 ygbv This most Eordlnary, this most UMPIRE
: ea-ieuted legislation? 1t would be too absurd
I 10 ascribe Il 10 ignorance; It can Dc imputed
4 only 70 a wilfGI, premedItated Intention 70
4 disregard and 10 violate our organic Jaw. Even
f1e dangerous pretext. the tyranBs plea OF ne
eessity cannot be invoked ia Justification OF
m There was no necessity whatever for Con-
gressio GAL interposition, even II Inc Tlglt 10 Ia
ferpo.s had been UnqUesiORable. WIN equal
propriety may IL ADOPT precisely the saIne
course with ali the other States.
Much vey remains 10 be told. Congress has
! Y4sI4rr,e 1 the power 10 regu ale and limit the
Z rte ut OF suffrage in the state a night Wn2cn
The states reserved 70 themselves, and whlch
cannot be taken from them. CnCer this pro-
es,S az reconstruction, as IL IS called, Congress
directed that conventions should De Convened
in ..lcu state, a power which can be exercised
- = ~ tha l1eoDIe Of the States for the purpose
OF 1orlning constitutions. But these conFsn-
lions wee not left fee 10 adopt such cOnstitu-
lions as they might think BEST they were
rlacad unGer RESTRICTIONS, and required to IL
ert certain featurJ IN them, so as 10 insure the
continued supremacy OF the dominant party.
This object, 10 was manifest, could lot ne ac-
com ltsneo il the white men, the intelligence
OF tie country, The men Wao understood some
ming Of government, were Tree 10 vote and TO
MD .esi-, fn the COW eutiCn therefore a pro-
vision was inserted IN the act when would eX-
c.ude the large BODY OF sucn men from voting
s,uff nom eligibility as members. But the ne
prOps lately Ifeed could be moulded and man
aged 10 suit Lnerr purposes Therefore the right
OF suffrage and eligibility 10 ONCE were given
to them the power OF government was paced
IN Lleir hands, and the whites made suDoTdI-
nate 10 then. ana 10 make IL certain tina
there should not be q failure IN tEe SchsIne OF
d-spDtisril. Influences and machinery were set
TO WORK to cOutrOi tie negro vote. Bad men
were sent out as eInlssaIles, aud loyal leagues
established through the SOathern States,
By which means tne negroes we've
bound by oath to support the Rad
icaI candidates, or as they were called,
+Ga Rsnublican canuidal es. CONGRESS retained
power 20 accept or reject the constitutions so
formed and II seems TO De matter OF no sort OF
consequence whether they are approved or re-
i.4eTed IS the act required. The negroes ana the
lgE white vOgers may vote against them, stlli
IN tDev ease Congress, the states are prum pity
wIsdged to De IN The Union. 1t would
nave saved great trouDle and Epense II Con-
gress had alO lted constitutions lOr them, which
"a ght lust as well have DSen done.
lns I.YOFILIau manifested toward the 1gnO-
rant uszrUcs Uy placing them above The Large
body OF Jus whites, has produced Just suth re-
suits ~ ulIgaL Lave DSen lJrseeH- Ley nave
been fnuuCed to believe that t. are the e.
pec.aI OBJECTS Or EOveImsnEal protec 1o1, and
CemUrAlIz1uOn and crime IN tnslE most nIde-
Gus forms are The results. NO age, sex or con-
dlu.on mas csc ped their atrocities. Ihe direct
tendency, perha ps the Inevitable result OF al
tins, is a Wa Of races. The only CERTAIN pre-
venLIve VII .e an VII neArly as great a s. and
IN army, ~ an enormous expenbe 70 the G9v
errL1ent. ana perhaps IN TIE end, at the risk
OF repetition OF lie e& am p4e Vi 4 n t- orlan
syusra ana who Is Responsible for all this ?
IEst party or bOGy which originated ana Las
carried Ca this OGlous Destructive scheme o.
accommodation. Eucu MEASURES Oh reprOach |
70 TIE American lame, ana Will brlug on Us
the hleses OF scOrL." The i5Srs Of the world"
II the Soathern peopIs erred, it they com
mttt5G Cruue, Luey snOu1d have h5en pun
lsued o. tho law IL Wsss, uCE. ~ bills Vi at
Jaiuder and eX post IactO laws WAicn tnc-uie |
the Innocent as Well a. tue guilty.. such laws |
OiGden ~ ne Constitution o. the United |
ols.tvs, Tue people o. Inc south have alIeady |
indeed suffered Tor their error - no people
ever did, Ihelr suGerings should have eIIueC !
when their armies surrsa deEed IN good latth, /
under pledge MN thelr eon4uerots taStl |
shOGld Immediately Le restored 10 alI their |
rixhIs As states o. Jhe UnlC:l, and rider the I
soIeHu pledge gwen Dy LODsreSs LEGa The wal /
~ as LCL csTTIeI on fer conquest, Dat 10 pre-
cuuOli, IN becoming people Who Frstena 70 |
( Tristan slVlIEELon, IS Lot yet satlaisdi IL i
SIN follows them. IAlss however, ID not The /
only uOsiVe-ij Is but an lnlldens me reteil-
ton CT pOwer Al any sacrifice, even ~ me price
or the GOFerlLnehJ, Is. GSy Oho douUt, the /
i=adIlg o. jGCt. Anu some LULLL5 historian
may vel nave 10 IraCs the fan the k=puJLc
20 TlesA reconstruction measures. From bhis L
there 70 no escape but oy promptly returning
Ths 6dgOcates VI the right 20 secsde were, no
doubt. honest IN tueir srIGr they had formed
llelt CsiL-J--s - &c SSt1s piTrs7-e
q eat y Urt1SIn en- g = l1LSy' ~ amer
Tracy AUut HIlhous=i GFisWOln ana others,
who tAugn5 IL sLO urged II as Tar Dack
as the acquisition " Lou sIdna. 1Als |
should, ct least, have served as = palha-
Lon for their OHens5 But suppose
thew e mnitItd an lnsxcusa Die erTOr,
what people nave not eued2 If We were not
f,tl .ib.e We should have no goVefhLn snt. 10 tho
el-s 90 a part q d nation justify assaults on It's
Constitution by the other part, which must |
is total destruction. This would !
be a strange process Of reasoning, hence some |
additional incentive must furnish the solution |
OF the reasons which operated on Congress.
q L q
IibarsIe purpose to suDVeEL the Government. |
/. When certain results must How nom he
action OF men, they may be justly charg with
iesir ng 10 briUg aboutsuc-i result II these
acts OF Congress DO adoered To as valid, the
work is very nearly completed; but little re-
mains to be done. That they are Intended 70
De fem p0rary furnishes no Justification. What
may be temporarily done may be permanently
done.
Great and fatal as the infections already
may seem TO be- they do lot com
p.e e The catalogue Of Outrages on the COnstitu-
ion. The executive anu the judicial depart
nents inlerpOsed impediments Il the way OF n
ccessruI usurpstIoA OF ali power and they
must be disposed Of or at least crippled. By the
Constitution the President IS uecarea 10 be
cE-iu-Chief OF the Army and Navy.
cromwell had gwen very strlAlns eVidence
IF the power OF cOmUan dsr-ln-chlef by dis |
,ersng q parliament. Lest the PresIdent
night think proper to follow tnls example, |
4 Inch perhaus he ought 10 have done, another |
,liZllt Violation OF the Constitution followed by
which the power of a c0mmander-in- chief
va taken from the President and vested in |
he General Of the army, VINO found
~ the schemes Of Congress. IN al matters
elstng u tue control OF she artny, the General
5 no longer SUBJECT 70 The oruer o. the Frssi-
Lent, but entirely sbOYe nun, &lld may even |
any order OF tbs President 70 any
Ulcer OF the army. rs tnls gentleman hso
ive4l his unqualified adhesion u the Congress
onaI scheInes OF usurpation, he is but ITS In
trurnslt.- No GOOD puT pose dictated LilS move
nent IL vas MOI bscs use the General was an | r
bier statesrn an or better man than the PTeSi-
enL; noe because any real emergency de- |
I
,ut the General was no Statesman. knew but .
cry latte OF the Constitution and csuId be
,is,dsd by Congress- 10 suit its purposes. 1t Is [
ery certain that this extraordinary POWER | ]
eN er would have been conferred on any one | ?
Mo stO-d in antagonism 20 congress.
the President still had ssme lit Q power left,
nd that, too, most be taken from hiIu. He c
m had toe power to appoint and remove LIS
abinst ard other on1cers. AT ieasJ one men,
ar of the Cabinet was q bold ana efficient ad-
,sr,ut OF The usurperk; IL would not do 10 allow
4 hfs removal; he must be retained IN place |
lerafore the power OF removal was taken from |
40 resident and virtually vested Ia the SEN | n
.e 50 that the President l. but soInlnally tae 7
h.cf Justice OF thV Executive Department.. L
he army may be used wItuout his consent,
nd his own CabiceJ may consple against | \
i'm, ana be is poWerisss iur remedy. >
The Judicial Department although the weak
Il OF tie then OeIartInSn tS, Yves auOEber I'M
edinent IN The way OF the absorption Of all g
over by " the enterprising ambition" OF the T
gtslatiVe body. and thai too must be crippled. n
as was done by various acts one regulating A
ls number OF Judges; one attemp Jed TSquIi- G
" a certsin number o. Judges 10 make d de- | A
SION: and one Withdrawing nom las jurisdic- l ;,
on cases " hich had really been arg 4ed and ! y
lbmtted, IN which a decision against the re- Is
instruction acts was spprehenued. But in
idiliun 10 this, a uOctril.e haS recently bssH
Iyaucea tbat there Is another department OF
e Government called " ths Political Depart. !
enG" shat j. Congress-, over whose acts The
Jurt has no jurisdiction wherever the TighJs n
the existen Q Oh STATE 10 concerned. Sas ! ;,
,er Congress bsfUre afraid 10 submit its acts u
the test VI judicial scrutiny, and cuuIa any o.
a -