The Conservative. (M'connelsville, Ohio) 1866-1871, 1868-01-30

being restored, wero TO be reconstruc-
ted; that as conquered territory, Con-
gress was to leglslate in all their do |
mestio concerns, and il ever they were |
again to bvvomc States of the Union, |
they were to come IN by a new title, |
precisely as in somo future day wo may
choose TO make State Of the newly
required territory of Alaska. Gentle
men, the Constitution is the text of the
sentiment to which L have been called
upon to respond. Let us stop one
moment TO look into that sacred lnstru-
ment in order to solve the question
arising hero. The case which has oc-
cured is not, in the language of n law
yer a casus omissus; the Constitution
is not silent. 1t has anticipated what
has happened. IL provides for insur-
rection, whether small or great, wheth-
or Of u part OF q State, or Of aT entiro
State, whether inere State, OF in nmany.
II provides for insurrectiont against
the laws Of State, and for insurrec-
tion against the laws of the United
States. 1t gives power IN both cases;
the power IN one case 20 put down in
suri cction against the laws Of the UNI
ted States. 1t gives power in both
cases, the power IN one case to put
down insurrection against the State by
enforcing obedience to the laws Of the
State and the power in the other case
to put down instruction against the
laws Of the United States by enforcing
obedience 10 those laws So, too, that
Constitution gives the power OF protcc.
ton against foreign enemies and the
power 10 declare war, and as incIjCn-
tai TO that, the power to make CON
quests. Where, IN this instrument,
providing for Tho very case OF lnsur-
rcctiOn, for tho very remedy 10 be mp.
piled where DO you find that power TO
put down lnsurcction in State and
then to destroy that State and hold il
and its people rs conquered and sub
Ijugated? and yet, gentlemen, this
ls precisely what has been dUnc, nor
by change OF our Federal COnstitu.
ton, but by Congress who must find
for every act warran: ana authority
III the provisions Of that Constitution.
Tho reconstruction acts passed by
Congress have converted ten Of those
States into lower condition than that
of mere territories; have destroyed
every vesuge Of State government, and
have stripped millions Of their people
Of cvCry characteristic that belongs to
an American citizen. Under tins cx-
truordinary legislation, the vast ter
ritory covered by these ten States, aud
the millions of unhappy people who
reside there, have no more protection
under our Federal Constitution than ii
they occupied so much territory IN the
interior Of Africn. Their State Consti.
tutions, made by these people under
the auspices OF President Lincoln and
President Johnson. are declared to be
illegal, are in effect abolished, and in
place Of them Congress has provided n
military despotism. Certainly If no
valid State law protected these people.
there was at least n federal law which
ought to have protected thom; for oyer
every foot Of that territory, and over
every individual that inhabts it. the
great fundamental law of the Coustitu
tion Of the United States prevails IN all
its vlgor, and gives to every one Of
them every privilege and every immu-
nifty which il extends TO the American
citizen anywhere and everywhere
Witch tins Constitution, then, fully in
force over all that territory and all
those pooplo, where does Congress find
its warrant for supplantibg legal
State government with = military gov
ernment? Where does Congress find
its warrant in time of peace to supend
the habeas corpus, to take away the
inestimable privilege Of trial by Jury
to remove the civil officers OF u State
and substitute Fedora. officers In their
places, and finally to try, to condemn
To punish, to imprIson, 20 hang these
people for civil oHcnscs or pretended
olicnses by the judgment Of military
court? Where does Congress find its
warrant in the Constitution for State
by voters of its own creating, to pass
n suffrage law for State? Where
does it iina authority TO say who shall
vote and who shall not vote IN State
elections? Lastly, where ,ocs iJ find
authority to make Il new class Of citi-
zens, and to give TO that class of citi-
zens greater rights than were ever con.
ierred before by the Constitution upon
any class, and to take away from those
who always enjoyed the rights of citi-
zenship, the most precious of these
rights Gentlemen have been at
the bar for nearly half Il century, and
have been a constant student not only
Ct the common law, bnt Of our own
constitutional law, and | DO not hesi-
tate TO say that that tho whole of the
reconstruction Of Congress, from be-
ginning to end, first, second, and third
in the series, are unconstitutional and
and VOID, There are times when t.
be silent is unGithful, There arc times
when men must speak out, | will not
attempt to school myself into reticencC
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