Arizona miner., 1868-01-18

hc ac's of Inc Convention of May i-cl by One rrryon. tbr department. uf Che S'r Govcfuueui aud y tc ar's uf ue people a the election hod acr May lsdl % N.de hor E-ito Government end Constitution connected under Inc National Constitution with thc Government of the United states und o.inl.hcd Constitution uHd Govern up I'd hu.ty tn iho United States and cuicrd uuou course of Hovo wnflrc against thc National Goyeumouti af0us oi North t1ruNna Go the Union were si's"nicd and vcp serious liabilities Incurred by those who were
 iiui these nets did no, effect even for moment he scTamh1n of North Carolina from tie Uiou any more nnu ihc ac' of an nivdual who commits grave offences against thc State by resisting its officers und dfyng it authority. can scftri'o hm from tic Stli,. In reirag to the legal enec' of concelug hc'leereui ri-e during tc rsr Co thr Confederate 6orcwmcut and the decision ,f thc Supreme Court hc Chief Justice further sd ln the prize roscs the Supreme Court sm- ply nssrred Che right of the United Sat, irsat tbe n- snrrcnis hs.eron and to claim frum foreign nations tho lsfl,uuHntr u ucUfel duties unler u' Icnaltes known to international sw Tho decision recognized aso the fci ar he exercise sn oi geron' rights fla, larir i, r s te iuhati,an,s oi tho cenur, ron tfoed by thc rebellion and all the inhabitants o Inc try loyal to thc tnon enemies recilrocaly each of thc other Bui there Is uolng la hat which gives durc from 'n The usurgcut Stitcs, by the ac Of the rebellion, and by lowing against ihc naton became
 Chs view oi the opinion of the Supreme Court the Chief Justice doubt had the concurrenoe of an his assocates that hvncl Siurg he became H Presiding Juige the subject has been scvc7nl times discussed by counsel and al0u te Court has not deemed it prnpcr decide iu eeu considered y them n consultation apd their views in that way have become known Co ilo Chief Justice indeed his language Ia thc Carolina shows that De mu speak hoia lDo-is" h'.'l-ige ns to Whai inc Judges raiiy meant Thsrc is nothing Le says in that opinion which gives tuuutyltiuev io ihr tfinr hirh counsel cndcy,r de ucc from itthai The hsgeut States by fhe act of thc rebellion and by lowing war against the nation became argu States and their inhabitants alien cue1cs' Now u they were States as ho holds them Co have been. durug te and not foreign States they have been States uf tle Union and us nothing has o,curr,l since the tpraia,iou of inc WAT t ,ar ber fl FHU HH fH aHr. H r. H.. ItHnr aut other acts of North Carolina In tie wuris o thc Chief Ju;co. merely sgspcnlad Che practical relations of themselves lnuued ly The result of ul. War uul the p h.T citizens scus7u caused by them necessarily terminates and he pr lou uf Inc Siaie restored atd . ano h'r ci- entitled '" a tlc rights uid bound l al tle di',s a fr,t But the doctrine scif which Congress seems to have aloF@l toward the Soithern sts thai by e re'n.t oi ibe war ihey ar nrt S'aes b1 rri'.-cs subject to thc unlimited power d Congress cannot 'e red ulvu any constitutional ur other theory The dra H p'n9l",t o government n ts ovu territory, ,. rdcJuus Iht ilg1 -it any department 1f the Gov er.os n 'le a"H h rrJ other Iowtrs thau tla~e ierrod by me constitution. ls equally rdclqus That qoycu.mou, lad existence before the constitution toffcIs t Into being solely ulalr and hy YTtle ui
 1t nsroiarut; al ii, fo'yefs ar- crlutel b i This stances iH he constitution remains unchanged ty
 c tv rro t ty t tlr ycrrnat can excr,- row. uot degdt,i his can only be done by its making conquest of the const iuon iisef which f possible Is more absurd than conquest of s own territory lf that without any other restraint than W will which would le tyranny. fer whether unlimited power is ia many men,
 
 and > chsTeter E n0 eharged by the number oi I1-'us who may exercise t And yet the caim which Congress mako. t5 legsste r the Southern States B without any Limitation. They have subjected them to the military power which they is for such purpose, within uer unrestricted control They not ou disregard the constitution us the charter ci their powers, blf ths eons ti1ns of the Sonfhom Sttcs They not ouy nc' act ing under any authority derived from the people 0f the United States but h direct conuyeuiiou of the known H af the people of the South. T. s tlat some uf the members of he dominant party in and Congress justify Legislation upon constitutional grounds but Mir Ste ] become the master of his party in the House uf EeTreseu- tahyes is guilsss of such f,uy h letter of his gently published. with the fnkness and boldness which bc1ug him. he rejects The abslry and places fhe h0rv of Congress on some ground o,ss of fine con,,i.
 tuition. and admits that ' has warrant whatever under any of iis delegated poWers. he is right then t fows
 thai far rgagis ihe south there other restriction l. may consequently treat a the Southern States having sSsence whatever states, and govern them through ail tue territories or constitute the whole u as
 many sat,s 'is they may tAE pruier anu 'iih sch pow and rights they uty choose tO confer. They may, Of oour-e if they States a all of them deny them equality o representation n he Senate, Or any rsena-
 Du there and deny them also representation Ia the House oi Rcpresentayes ihy may also deny them the benefit of the Ju1tci department oi the Government and citizens ul t.e other States ihs rgt to their people ia the courts of the Uu;.ei Siaiss They may Keep hen alto. gsler ont of the uion t1ned hy The constitution and make them couiedeucy of themselves, under such @
 constitution Qf the can 6e profincd) Congress may f1L time Co uue gr7t tlem They may also refuse her people some or ll tha guarantees z r liberty secured by tine Constitution The United States may pend Wl The writ of haeas corpus declare martial law  States 10 pass laws imTaag tho obligation of contracts make any currency cgl tender. regulate commerce without regard to he restrat that power in the con s'ution and u O word may rule them absolutely ? than the Government of Spain wont g rule her colo nics aud infinitely than England endcavered To rule this country in l176-an euleavor which fathers thought justified and required resiauce by force of o establish taenlseiyes Independent natona course which has long since received the sanction of all other | tons including England herself
 | Consequences such as thcse egmately following tho Congressional doctrine .haaf r t1 De storrly dsmned by every lover of constitutional liberty. But even il the power which involves wa obnoxious every idea uf such liberty and could be invested anywhere with safety Congress particularly the House Of Representatives s pot ihc body possess r. It's very number diminishes the responsibility of individual members whilst it makes thcIa s.llec lnrusuce I=lI5, -issi,,s iie whius and c2Trces Of the hour The whole current of history proves Iat such body s not safe depository of uu.ina pdFeT The authors of the Federalst thought and Harted the necoy of giving it only certain Tre Fbed powers and sGbccng he exercise of these tho restraints of the judicial and executive departments ia of the numbers of that work Ar Madison says nearly iu that tendency o such body is times io become nah and Fssrs historical ns;aaccs prvc . Is during the last few years in the udg
 nent o many consderate citizens has shown that n hs spect history has repeated itself
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