Year: 1867

who joined in making it, any NOR


than individual members of Congress


are personally bound to pay a publi


debt created under law for whicl


they voted; but it was solemn pub


lie official pledge of national honor.


cannot imagine upon what grounds re


pudiation of it is to be qualified. |


it be said that we are not bound +


keep faith with rebels, let it be under


stood that this pledge was not made +


rebels only ; thousands of true men il


the South were drawn to our standar'


by it,and;hundreds ofthousands in th


North gave their lives, in the belle


that it would be carried out. 1t wa


made on the day after the first grea


battle of the war had been fought an,


lost. All patriotic ndintelligent mel


then saw the necessity of giving sucl


an assurance, and believing that with


out it the war would end in disaste


to our cause. Having given that as


surancc in our extremity and peril, /


violation oft now in the day of ou


power would be a rude rendering o


that good faith which holds the mora


world together. Our country woulC


cease to have any claim upon the con


fidence Of men. ltwould make tn,


war not only Il failure, but a fraud.


Being sincerely convinced that thcs,


views are correct, | would be unfaith.


ful to my duty ifI did not recommend


the repeal of those Acts of Congress


which place ten Of the Southern States
under the domination ofmiitarv mas.
ters. If calm reflection shall satisfy q
majority of your honorable bodies that
the acts referred to are not only a vio-
lation Of national faith, but in direct
conflict with the Constitution. Idare
not permit myself to doubt that you
will Immediately strike them from the
statute book to dcmonstratcthe Union
and rs to the constitutional character
Of those acts, | need do no more than
refer to their general provisions. 1t
must be seen at once that they are not
authorized to dictate what alterations
shall be made in the constitutions OF
the several States, to control tile cleo
tions ofStatc Legislatures, ,Stlte officer
and members Of Congress, and cleo
tors Of President and Nicc-P President,
by authority declaring who shall vote
and who shall be excluded from that
privilege, to dissolve State Lcgisla-
lures orprevent them from assembling,
to dismiss Judges and other civil func-
tionarics of States and appoint others
without regard to State law, to organ
izc and operate all political machinery
Of States, to regulate the whole admin
istration of their domestic and local af-
fairs according to the mere will of
strange and irresponsible agents sent
among them for that purpose. These
are powers not granted to the Federal
Government or to any one of its
branches, and not being granted, we
violate our trust by assuming them as
palpably as we would by acting in the
face of a positive interdict, for the
Constitution forbds us to do what
ever it does not allirmativcly author
ize, either by express words or by
clear implication. If theauthority we
desire to use does not come to us
through the Constitution, we can cx-
cuse it only by usurpation, and usur-
patton is the most dangerous of all po-
litical crimes, and by that crime the
enemies of free government, in all
ages, have worked out their designs
against public liberty and private
right. 1t leads directly and immedi-
ately to the establishment of an abso-
lutte rule for undclegatcd power, it is
always unlimited and unrestraincd.


The acts Of Congress in question,
are not only Objectionable frs their as
sumption of objectionable power, but
many of their provisions are in con-
fiict with direct provision of the
Constitution. The Constitution COM
mands that republican form of Gov
ernment shall be guaranteed TO all
States, that no person shall be depriv-
ed of life, liberty or property without
due process of law, or be arrested
without a judicial warrant, or punish
ed without a fair trial before an i'm
partial jury, and that the privileges of
habeas corpus shall not be denied in
times of peace, and that no bill OF at
taindcr shall be passed even against
single individual. Yet system of
measures established by these acts
of Congress, does totally subvcrt and
destroy this form, as well as the sub
stance of Republican government in
the ten States to which they apply. 1t
binds them hand and foot in absolute
slavery, and subject them toa strange
and hostile power, morcunlimited and
more likely to be abused, than any 9TH
er now known among civilized men. 1t
Lramples down all those rights in
which the essence of liberty consists,
md which free government is always
the most careful to protect. 1t denies
The habeas corpus and trial by jury.
Personal e freedom of property and life
# assaulted by passion, prejudice or
Or rapacity of a ruler, have no security
whatever 1t has the effect of a bill
Of attainder or bill ofpains and penal
ties, not upon few individuals but
upon the whole masses, including mil
lions who inhabit and are subject to
,he States, and even their unborn chill
iren. These wrongs being expressly
orbidden, cannot bcconstitutionally in
iicted upon any portion of our people
10 matter how they have come within