National Republican., 1876-10-20

the free thought of the men of the North, an
attempt that failed for the time being, but
which has never been abandoned, and is to be
again decided in November.
THE LEGISLATION DURING THE wAB.
By an act of the Legislature of the State of
Texas, approved March 5, 1858, it was grayely
enacted that any officer of the army or navy
of the United States who should "invade" or
enter upon the soil or waters of this State
should be held guilty of the crime Of melting
insurrection of slaves, and subject to confne-
ment in the penitentiary for period of not
less than five years. Mr.. Tilden, the Demo-
cratic candidate for the Presidency, announced
the doctrine about the same time that every
soldier or sailor of the United States who
should 'invade" one of the sovereign States
of the South was trespasser, and might be
sued for damages. When trespasser com
mits the 'offense with force and arms, he of
course becomes criminal of higher grade,
and, according to the principles of law an
nounced by Mr.. Tilden, tie act of the Legisla-
ture of this State was good law, and the SOL
diers and sailors who may have "invaded"
this State were felons. The folloaing is the
act in question:
CHAPTER XNI1l-An Act to define the 0hense of
exciting insurrection Of slaves in certain cases,
and to prescribe the punishment therefor.
Whereas In the prosecution OF the unholy war
now being waged by the United States against
the Confederate States and the people thereof
our enemies are seeking to bring upon us seryile
war, by arming our slaves and placing them in
the ranks of their armies, as we'll as otherwise,
through the action of their Government and the
commissioned officers of their armies, melting in
surrection and insubOrdination: therefore,
Be 1t enacted, &C., That it shall be an ofense to
In dam in0f tod aya
ordination of slaves, for any commissioned oticer
of the army, navy or marine service Of the Gov
war between said United States and the COnfed-
crate States to invade or enter upon, with hostile
intent the territory soil of this State, or with
like intent to enter within the waters of this
State.
See 2. That any person guilty of exciting in
surrecton or insubordination, as in the act de-
confinement in the penitentiary for not less than
five nor more than fifteen years.
Approved March S, 1858.
By the "Act to provide against the hostile
invasion of the State of Texas by persons of
COLOR" approved March 6, 1868, the day fol-
lowing the passage of the foregoing act, it was
provided that all persons of color who should
invade Texas, or take up arms with the troops
of the United States, should, if free, forfeit
their freedom, and, if slaves, should be re-
turned to their masters, and all those who
should not be reclaimed by their masters, to-
gether with those who had forfeited their
freedom, should be sold at public auction
into slavery. The same rights existed to en-
slave free white as free black soldiers, and the
act cited is simply return to the barbarous
war codes of old, under which all prisoners
became slaves.
The Democratic party of the North bases
or attempts to base the present canvass upon
the corruptions of the Republican party and
the wrongs it has perpetrated upon the long
suffering and oppressed South, the chief allie
cation upon the latter point being the tenn
porary disfranchisement of the old Democratic
Office holders of those States in the acts of re-
construction, which is held to have been
terrible crime. Upon this subject of disfran-
chisement the State of Texas legislated
during the war, and here is the act:
CHAPTER Xv4.-An act to exclude from office,
serving on juries, taking or holding property,
and from the rights of suffrage, all persons who
take the alien oath, leave our country to avoid
the service, or join the enemy, or in anywise
give them aid or comfort.
Be it enacted by the Legislature of the State Of
TerGS, That no person, being a resident OF the
State, or of any one Of the Confederate States,
who may, during the existing war between the
the oath commonly known as the alien oath,
whereby he claims the protection Of any foreign
Government, as shield from serving the cause
of the Confederate States in their present
struggle; or who may leave or having left re-
main absent from this State, or any Of the Con-
federate States, to avoid participation in behalf
of the Confederate States; or who may join, or,
having Joined, continues in the army, or service,
or employment of the United States; or who may
conceal himself and thereby avoid service in our
to the enemy, shall, upon conviction thereof be-
fore any court Of competent jurisdiction, take or
hold any estate, real, personal or mixed, whether
by purchase, gift DEVISE or descent in this State,
nor hold any office Of trust, profit or honor, nor
vote at any election, nor serve on any juries in
any court within this State: Provided, That per-
sons who shall prove themselves to be bona fde
neutrals and citizens of a friendly Power shall
not be subject to the provisions Of this act.
Sec. 2: That the Judgment of the court upon
the verdict of the jury in any one of the causes
enumerated in the preceding section shall be
sufficient evidence of the guilt of the party, in any
suit or proceeding that may subsequently arise,
on any issue made, upon any question involved in
the said first section.
Sec. 3. That for the offenses enumerated in the
first section of this act, the party may be prose-
cuted at any time within five years after the rat
ification of treaty of peace between the Confed-
crate States and the United States.
Sec. 4. That this act take effect from and after
its passage.
By this act the loyal men of Texas were not
ouly deprived of the right Of suffrage but of
every right of a citizen, whereas the recon-
struction laws only temporarily disfranchised
a lot of old office holders who had forsworn
by entering into rebellion to over
throw the Constitution which they had sworn
TO support. The presence of sixty-three of
these old Conferate bIigadier oflice-holders in
the last Congress is the evidence of the too
lenient spirit of the Republican party as con-
trasted with the legislation of the South upon
this subject. And before the rebellion every
citizen of the South who loved freedom was
practically disfranchised, for he dared not vote
his opinions, and this blessed condition of
affairs is being fast restored in these States.
To show the spirit Of the people, and the prin-
ciples that animated them in the contest, the
joint resolutions Of this State are
submitted:
A PROUD AND sCoENFUL DEFIANCE.
CBAPTER VI.-Joint Resolution.
Whereas the present war waged by the Govern
people and property of the Confederate States, is
without precedent in its atrocious and unchrstfan
and whereas the comparttve exemption
of our own dear State from many of the more dire
Of war may be construed as a cause
Of our unanimity for sustaining our Governmen
l. DC u eHuCIeu UyiHe LeyISiutuTc " tHc oIOte "
Teras, That now that our presumtuous enemy
treads our soil, in heavy numbers and menancing
attitude, we bid him proud and scornful de-
fiance,
2. That we pledge our sister States that in this
struggle our authorities and our people will
evince patriotism and endurance as-great as the
occasion and as prolonged as the conflict, sc.
Approved December 10, 1883.
ABOUT RECoNsTRUCTIoN-REsPoS OF THE Sc
CEssIoN DEMOCRACY TO THEIR NORTHERN AL
LIES.
CHAPTER Joint resolutions concerning peace,
reconstruction and independence.
Whereas among the political parties in the
United States the question of a reunion of those
States with these OF the Confederacy is being
agitated, and in order to promote such reunion II
urged that delegates he chosen from each of the
States of the CoDfederacy and in the Union to
meet in convention to reform the Constitution of
the United States, which proposition is coupled
with the quasi pledge that such amendments
shall be made to that Constitution as will forever
guarantee the institution of African slavery in the
States of this Confederacy; and whereas it is pos
sbe that the political party in the United States
advocating that proposition may prevail at the
approaching election In choosing the Executive OF
that Government, and that consequently the FORE
going proposition may be attempted to be made to
the States of the Confederacy: Now we, of the
State of Texas believing that Ii is proper to meet