Year: 1867

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that nothing more is needed To what extent q
violation of It might be exeused in time Of war Of
public danger, mayadmit OF discussion, but we are
providing now for time Of profound peace, where
there is not an armed soldier within our borders,
except those who are in the service Of the Coy
ernment. It is in such condition Of things that
out, would deny q trial by the lawful courts and
|juries to nine millions of American citizens, and to
their posterity for an indefinite period Itseems to
be scarcely possible that any one should seriously
believe this consistent with Constitution which
declares, in simple, plain and unambiguous Ian!
guage, that all persons shall have that right, and
that no person shall ever, In any case, be deprived
of it. The Copstitution also forbids the arrest Of
the citizen without Judicial warrant, founded on
probable cause This bill authorizes an arrest with
out warrant, at the pleasure Of the military COM
mander. The Constitution declares that mo per-
son shall be held to answer for capital or other
wise infamous crime, unless on presentment by q
grand jury This bill holds every person, not q
soldier, answerable for all crimes and all charges
iwitheutany~ ~presentment. The Csnst te1tiens de-
clares that tfno person shall be deprived, of life,
liberty or property, without due process Of law. "
This bill sets aside all process of law, and makes
the citizen answerable in his person and property
to the will of one man. and as to his Life to the will
of two. Finally, the Constitution declares that
"the privilege Of the writ of habeas corpus shall
not be suspended unless when, In case Of rebellion
or invasion, the public safety may require it T.
whereas this declares martial law (which Of it.
self suspends this great wrt) in time of peace and
authorizes the military to make the arrest and
gives to the prisoner only one privilege, and that
IS trial without unnecessary delay" He has no
hope of release from custody, except the hope,
such as it is, of release by aequtd before amiita
ry commission. ..g..... r,g5 4 -. -. ~ (


The United States are bound to guarantee TO
each State Republican form of Government. =
Can it be pretended that this obligation Is not pal


pably broken if we carry out q measure hike this,
which wipes away every veshge of Republican
Government in ten States, and puts the Life, prop
erty liberty and honor of all the people in each Of
them under the domination Of single person cloth
ed with unlimited authority. The Parliament Of
England, exercising the omnipotent power which


it claimed, was accustomed to pass bills Of attain
der; that is to say it would convict men Of treason
and other crimes by legislative enactment. The
person accused had hearing, sometimes a patient
and fair one, but generally party prejudice prevail
ed instead Of justice. It often became necessary
for Parliament to acknowledge its error and reverse
its own action The fathers of our country deter
mined that no such thing should occur here. They
withheld the power from Congress, and thus for
bade its exercise by that body; and they provided
in the Constitution that no State should pass any
bill of attainder 1t is therefore, impossible for any
person in this country to be constitutionaLy con-
victed or punished for any crime by legislative
proceeding of any sort. Nevertheless, here is a
bill of attainder against nine millions OF people at
once. 1t it based upon an accusation so vague as
to be scarcely Ineligible, and found to be true up
on no creditabe evidence. Not one Of the nine
millions was heard in his own defence. The repre-
sentatives of the doomed parties were excluded
from all participation in the trial The conviction
is to be followed by the most ignominious punish
ment ever inflicted on large masses Of men. 1t
disfranchises them by hundreds of thousands, and
degrades them al-even those who are admitted
to be guiltless- from the rank of freemen to the
condition of slaves The purpose and object Of the
bill-the general intent which pervades it from be-
ginning to end is to change the entire structure
and character Of the State governments, and to
compel them by force to the adoption Of organic
laws and regulations which they are unwilling to
accept if left to themselves. The negroes have not
asked for the privilege Of yoting-the vast major.
ty of them have no idea what it means. This bill
not only thrusts it into their hands, but compels
them, as well as the whites to use it in particu
lar way. IF they do not form constitution with
prescribed articles in it. and afterwards elect Leg
isature which will act upon certain measures in o
prescribed way, neither blacks nor whites can be
relieved from the slavery which the bill imposes
upon them. Without pausing here to consider the
policy or impolicy of Aficanizing the Southern
part of our territory, would simply ask the atten.
ton Of Congress to that maitest, wei! known and
universally acknowledged Tule of constitutional law
which declares that the Federal government has no
jurisdiction, authority or power to regulate such
subjects for any State To force the right Of suf-
fage out of the hands Of the white people and put


into the hands Of the negroes is an arbitrary viola
ton of this principle. - o-:s r.a. .


This bill imposes martial law at once, and its ope
rations will begin 30 soon as the General and his
troops can be put in place. The dread alternative
between its harsh rule and compliance with the
terms of this measure is not suspended nor are the
people afforded any time for-free dehberaton.-
The bill says to them, take martial law first then
deliberate And when they have done all that this
measure requires them to do, other conditions and
contingencies, over which they have no contro yet
remain to be fulfilled before they can be relieved
from martial law. Another Congress must first





the will of this Congress, and must declare these
States entitled to representation in both Houses.
The whole question thus remains open and unset
tled and must again occupy the attention OF Con
gress, and in the meantime the agitation which
now prevails will continue to disturb all portions OF
the people.


The bill also denies the legality of the govern
ments of ten Of the States which participated IN
the ratification of the amendment to the Federal
Constitution aboishing slavery forever within the
jurisdiction of the United States and practically
excludes them from the Union. If this assumpt
ton of the bill be correct, their concurrence cam
not be considered as having been legally given and
the important fact is made to appear that the con-
sent Of three-fourths of the States-the requisite
number-has not been constitudonaly obtained to
the ratification of that amendment, thus leaving
the question of slavery where it stood before the
amendment was officially declared to have become
part of the Constitution.


That the measure proposed by this bill does VIC,
late the Constitution in the particulars mentioned
and in many other ways which forbear to enume-
rate is too clear to admit Of the least doubt 1t
only remains to consider whether the injunctionst
of that instrument ought to be obeyed or not
think they ought to be obeyed, for reasons which
| will proceed to give as briefly as possible.


In the first place, it is the only system of free
government whichWe can hope to have as ma
ton. When it ceases to be the rule Of our con-
duct, we may perhaps take our choice between
complete anarchy, consolidated despotism, and q
total dissolution of the Union; but national Gber
ty, regulated by law, will have passed beyond our
reach.