The weekly Arizona miner., 1868-10-17

those States under the advice of Prcsiden.s Lincoln and Johnson in conformity with State Constitutions and laws, and established over them military dictatorships, through which to inaugurate the rule of the negroes ana thelr Northern allies. But here q new rent in their programme was discovered. requiring to be patched by newly-invented dogma The Calhoun-Steyens theory of the validity of secession was good as far AS it stretched but, like a shelter tent. was nei- ther broad nor long enough. It took the States out and made them conquered prov inces, but did not increase the power of Con- gress, nor deprive the inhabitants of the con quered territory of those guaranties of life. liberty and property which the Constitution extends Co catzeJs md aliens alike on every foot of ground within the jurisdiction of the United States-the right of exemption from punishment by eJ post facto laws the liberty of speech and of the press the right to keep and bear arms the right to be free from mn. reasonable searches and seizures, and from deprivation Of life, liberty or property with out due process of law the right of trial by Jury and, above all, the priyilegeof the writ or habeas corpus-that shield of liberty in possession of which tLe people of a monarcly are free, and without which a republic ia A despotism. Great applause Thesa con shtntonal guaranties were in the way Of cs,- erciye reconstruction and Congress Was
 AA I1ao1f " hyuin any one or tilfffff. Unless these ancient and sacred liberties could be destroyed vigorous military des- pOiisms could Dot be established and with out such despotisms. Radical reconstruction was impossible. While these guArapiies re. mained iu the Constitution, and were obeyed. tho whole governing talent of the Sonth could not be disirsnchise4 by sweeping eI post gacto law Governors of states duly chosen by the electors in accordance with State Constitutions and laws could not be removed by district commanders as irnp,di- ments to reconstruction State Legislatures could not Do prUrogued at tho point of the bsyonst: State treasuries could not be robbed, and widow and orphan creditors de- frauded Of their dividends to pay plantation negroes eight dollars day for making Con sututiona lApplause) New codes of laws. framed by SolOns and moralists like Dan Sickles, (hisses, could not be proclaimed and enforced over the Caroiinas A fudRe conducting a murder trial could not be pushed from the bench, and the trial carried on to conviction, sentence and execution by a colonel ifi uniform American citizens citizens of one of the onginAl thirteen States charged with Do crime could not be ar. rested by scores. on tetfres ds oaeief signed by post-adjutant immured in loaihs8me dungeons, and tortured to the point of death with the boot and sweat-box to make them swear to what military commander saspected they knew touching the murder Of some wretch like AshbuTn lApplAuse , and mili- tAry cOmmissiOns-those courts organized to convict. at whose doors no man can lay A charge of uncertainty As to the law, Of doubt, or delay, or undue clemeSicy in iis sxocHtss5i, which adopt the efficient rule that is is better that ninety.nine innocent men should he punished than one guilty man escApe-oOuld not inspire respect for the Radical party and it's measures by being prepared at mo ta trv which, in the opinion Of tho officer conyeuing the court was "crime against reconssruo- ton, and tO sentence him for montts or years, OF life, t0 the dungeon or the Dry Tor tugAs, beyond the reach of Executive pardon or reprieye
 ASSUMPTION or MORE PowEEA
 IL vas indispensable, therefore, to get rid os ihO-e constitutional provisions, which are At once gusTznties Uf the liberties of the peo- pie, and prohibitions Of power Co Congress To avoid an ayOwai of a purpose to trEmpie on the Constitution, the party, with decent hypocriEy, claimed a new derivation Of Con- gressionAl power. They said that formula bic rebellion was never contemplated by the framers of the Constitution, and no powers were conferred in anticipation of such an emergency. Congress, therefore. was com I-siiesi in ilse matter of reconstruction, tn act outside of uss Consultation
 The framsrs of the Constitution were the cons and grRndsons of tho PuritAns aud the cavaliers who kept England smoking with civil var for half century, fAppl4nse ;l and who knew by personal experience bow des- potlo wAs power when lnhALned by the p4s- sions Of domestic wAr-wbether that power were :i,f Legitimate sovereign, ahe psssessdeF, or Parliament And with recOllacuOns of this recent English history and traditions of family prosecutions fresh in tlleir minds a~sl..s ssl. l.aI n- would be transmitted to their children and break out in occasional revolts against the national authority-the frSners Of the Con- stitutiOn not only withheld from Con- gress the power of lnfiicnng tn peace punish menss al will for political offences, but also inserted these guarantees of personal liberty eE i'sdlisfgta, as express prohibitions, in order tO prevent Congress from driving the peo. pie to renewed war or tO flight by measures oi revenge such as sent their forefathers from England Co our shores. (Great sp- plAuse.
 As to Congress deriving power in any con tingency outside of tie Constitution, it Is enough to say that Congress gets all it's powers from the Consultation, and outside of lt has no power, and e no Congress, lap- plause, and that all its acts not authorized by the Constitution are mere usurpatiuns whether against express prohibitions or not II you present this argument Co Radicals they win reply that the Constitution in hot giving Congress such authority is therein de fectiye. and Congress needz and must exer- else it. A French philosopher once propound cd Co Professor FAraday new theory of the transmission of light which the English philosopher heard patiently, and then ob- iected to it that the theory was inconsistent with certain established facts Of natural science. So much ze worse for ze facts szs the ready answer of the confident Frenchman. So. if you prove tine recon strnctiOn plan unccnsniutionAl, the Radicals, la effect answer, ''So much the worse for the Constitution" (ireai applsnse,j
 Thus, Co secure . reconstruction giving the Radicals of the North absolute control of the ten States of the South, not only were the State Governments abolished and military de.potisms built on their ruins. but every revered guarantee of life, liberty and proper ty which the Southern people and ourselves inherited from a free ancestry, and which o,sT forefathers and uler forefAthers placed in the Constitution to be beyond the reach of the rude hand of faction, was boldly de- stroyed No civilized people on this earth are as wholly without legal protection from the cspricious oppression of their rulers as