Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1868-12-10
brave and magnaaimous officers

brave and magnanimous officers
and soldiers of the Union, who met
the Confederates in mortal COM
bat, upon the many battle-felds Of
the war, that Drawer and more
gallant people than those compos-
ing the Confederate armies never
confronted their adversaries. All
fair-minded men of the Union ar
my admit they are high-toned,
honorable and magnanimous.-
And when worn out and overpow-
cred, they surrendered as brave
men ever do-returned to their OIL
legiance, and have since been 10y
al to the constitution and govern
meut of the United States. And
still they are ostracised and pro-
scribed-oppressed and tyrannized
over, beyond anything recorded in
this history OF the world. Peoples
have been conquered and tyrants
have ruled them, but never before
have the conquered been subjected
to the domination and rule of an
ignorant, semi-civilized, inferior
race, late their slaves by the con-
stitution-now their masters
The constitution provides, that
"Treason against the United
States shall consist only in levy
ing war against them, or in adhe-
ring to their enemies, giving them
aid and comfort. No person shall
be convicted of treason unless on
the testimony of two witnesses to
the same overt act, or on confess
ion in open Court"
"The Congress shall have pow
err to declare the punishment of
treason, but no attainder of trea-
son shall work corruption of blood
or fortune, except during the life
of the person attained"
"The trial of ali crimes, except
in cases of impeachment, shall be
by jury" -
sin all criminal prosecutions,
the accused shall enjoy the right
to speedy and public trial by an
IMPARTIAL JURY Of the State and
District wherein the crime shall
have been committed, which Dis
trict shall have been previously
ascertained by law"
The constitution defines what
constitutes treason, and authorizes
Congress to prescribe the penalty
or punishment. 1t also secures to
the accused a speedy and public
trial By an impartial jury
Of the many thousands charged
with treason, not a single one has
been tried and convicted in the
manner prescribed by the consti-
tuition. But in violation of these
provisions, regarded as sacred by
the fathers of the republic and
their posterity. until the fortunes
of war placed the rule and power
in the hands of the radical party,
the Congress Of the United States
and the Legislature of Tennessee,
usurping the powers and duties of
the Judges and juries of the coun-
try, by constitutional amendment
and legislative enactment, have
not only e1 poste jacto prescribed
new and unheard-of penalties for
treason, but have ec parte, and In
the absence Of all testimony, but
upon the assumption of guilt, pro-
,eeded to pronounce sentence OF |
Acknowledgement and prescription
IF all those who sympathized with !
Or aided the Southern cause. And |
@ effect this purpose, they have
prescribed iron-clad test oaths to
,e taken by the party-a refusal
o take which operates as it was
to exclude the individu-
/, alike from the birthright of
very American citizen, unconvact-
d Of IN amo,ts crime, the right to
xercise the elective franchise and
o hold office. All of which an
'onest, enlightened, and indepen-
ent Judiciary would declare un-