Year: 1867

" y, oi- release by acquIttal before millli
~ eosnmission. basl ~ 3 -


The United States are bodnd to guaraI
tee to each State republican form OF GOV


ernment Can il be pretended that thi


obligation il net palpably BROKER il "


carry out a measure Iike this, which Ripe


away every yeslige of republican govern


ment IN ten States, and puts the life, prop


eriy, liberty and hopor of all the people il


each Of thea under the domination of


single person clothed with authority +?


The Parliament of England, exercisin,


the omnipotence which it claimed, was ac


cusiomsd TO pass bills Of attainder; that /.


to say, it would convict men of treason ant


other crimes bv legislative enactment. tn,


person accused had hearing, sometimes


patient and fair one, but generally part,


prejudice prevailed instead of jHstice, and


It often became necessary for Parliament


to acknowledge its error and reverse its own


action. The fathers Of cur country deter


mined that no such thing should occur here


they withheld the power Of Congress, and


thus forbade 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 constitutionally convict


ed or punished for any crime by legisla-
| tive proceeding of any sort. Nevertheless


here is bill of attainder against nine
millions Of people. 1t is based upon an
accusation so vague as to be scarcely credi-
bic and found TO be true upon no credible
| evidence. Not one Of the nine millions
was heard in his own defense. The repre-
| sentations of the doomed parties were ex-
cluded from all participation in the trial.
The conviction is TO be followed by the
most ignominious punishment ever inflicted
| on large masses of men. 1t disfranchises
them by hundreds of thousands, and de-
grades them all, even those who are adj
| mitted to be guilty, from freemen to the
condition of slaves. The purposes and OBJ
jects of the bill, the general intent which
prevades it from beginning 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 I'M
willing TO adopt if left to themselves.


Tho negroes have not asked for privi-
leges of voting. The vast majority of them
have no idea of what it means This bill
not only thrusts il in their hands, but COM
pels them, as well as the whites, to use it in
particular way If they do not form a
constitution with prescribed articles in it,
and afterward elect a Legislature which
will act upon certain measures in pre-
scribed way, neither blacks nor whites can
be relieved from the slavery which this bill
imposes on them. Without pausing here
to consider the policy or impOlicy of Afri-
canizing the Southern part of our territory,
| would simply say, and ask the attention
of Congress to that manifest, well known
and universally acknowledged bit of con-
stitutional 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 suffrage
out of the hands of the white people, and
into the hands of the negroes is an arbitra-
ry violation of this principle This bill
imposes martial law at once, and its opera
ton will be begunas soon asthe General and
his troops can be placed. The dread alterna-
tive between its harsh rule and compliance
with the terms of this measure, is not sus-
time for free deliberations. 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 con-
tingencies over which they have no control
yet remain to be fulfilled before they can be
relieved from martial law Another Con-
gress must first approve the constitution
made in conformity with the win Of this
Congress and must declare those States en-
titled to representation in both Houses.
The whole question remains open and nn-
settled and must again occupy the atten-
tion of Congress, and, in the meantime,
the agitation which now prevails will con-
Time to disturb all portions of the people.
The bill also denies the legality ofthe gov
ernment of ten States which participated
in the rebellion. The amendment TO the
Federal Constitution abolishing slavery
forever within the jurisdiction Of the United
States, practically excludes them from the
Union. If this assumption of the bill be
correct, their concurrence cannot be con-
sidered as having been legally given, and
the important fact is made TO appear that
the contest of three-fOurths of the States,
the requisite number, has not been consti-
mtionally obtained to the ratification of
that amendment, thus leaving the question
OF slavery as it STOOD before the amendment
was officially declared to have become
part of the constitution that the measure
proposed by this bill violates the Con-
stitution in the particulars men
toned, and in many ways which,
TO enumeiate, is too clear to ad-
NIT of the least doubt. 1t only remains to
consider whether the Injunction Of the in
strument oughtto 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 which we can hope to have
as a nation. When it ceases to be the rule
of our conduct, we may perhaps take our
choice between complete anarchy or a con-
solidated monarchy and total dissolution
of the Union but national liberty regula-
ted by law will have passed beyond our
reach. 1t is the best form of government
the world ever saw. No other is or can be
80 well adapted to the genius, habits or
wants of the American people, combining
the strength of the great empire with the
unmistakable blessings of local self-govern-
ments, having a central power to defend
the general interests, and recognizing the
authority Of the States as the guardians of
industrial rights. II is the sheet-anchor of
our safety abroad and our peace at home,
and was ordained to form a more perfect
Union, establish justice, insure domestic
tranquility, promote the general welfare,
provide for the common defense, and secure
the blessings of liberty to ourselves and our
posterity. These great ends have been at.
tained heretofore, and will be again by a
faithful obedience 10 it; but they are Ger
tain to be lost if We treat with disregard its
sacred obligations.


1t was to furnish the gross crime of de-
fying the constitution, and vindicate its
supreme authority, that we carried on a
bloody war of four years duration. Shall
we now acknowledge we sacrificed million
Of lives and expended billions of treasure
10 free constitution which ia not worthy
of respect and preservation Those who
advocated the right of secession alleged in
their own justification that we had no re
gard for law, and that their rights of pro-
perty and liberty wonld not be safe under
the constitution a. administered by the
United States, as we new verify their asser-
tion we prove they were in truth and in
fact lighting for their liberty, and, instead
Of branding their leaders with the dishon-
oring name Of traitor against righteous
and legal government, we elevate them in
the history Of self-sacri6cing patriots, con
secrate them to the admiration Of the world
andtplace them by the side Of Washington.