Year: 1867

functionaries Of the State, and appoint
others, without regard to State law to
organize and operate all the political ma.
chincry of tho States to regulate their
domestic and local affairs according to
the mere will Of strange and irresponsi-
bic agents sent among them for that pur-
pose these are powers not granted TO
the Federal Government or to any Of its
branches. Not being granted, We violate
our trust by assuming them as palpably
as We would by acting in the face of a
positive interdict from the Constitution,
which forbids US to do whatever il docs
not afirmatively authorize either by ex-
press words or clear implication. II the
Ii the authority we desire 70 use does not
come TO us through the Constitution We
can exercise it only by usurpation and
the most dangerous Of political crimes
BY that crime the enemies of all free
governments, in all ages, have worked
out their designs against public liberty
and private rights. II leads directly and
Immediately to the establishment Of abso-
lutte rule, for undelegated power is always





Of Congress in question are not only OBJ.
jcctionablc for their assumption Of un,
granted power, but many Of their proYis.
ions are in conflict with the direct pro-
hibitions of the Constitution. The Con-
stitution demands that republican form
Of government shall be guaranteed to all
the States; that no person shall be de.
privcd Of life, liberty or property with
out due process of law, arrested without
u judicial warrant, or punished without u
fair trial before an impartial jury; that
tho privilege Of habcas corpus shall not
be denied in time Of peace, aud that no
bill Of attaindcr shall be passed even
against single individual; yet the sys-
tenn of measures established by these Acts
of Congress does totally subvert and de-
stroy the form as well as the substance Of
republican goverum-nt mt in the ten States
to which they apply. 1t binds them hand
and foot, in absolute slavery, and sub
jects them to a strange and hostile power
more unlimited aud more likely to be
abused than any other now known among
civilized men. 1t tramples down all those
rights 10 which the essence of liberty
consists, and which free Government is
always most careful 70 protect.


1t denies the habeas corpus and the
trial BY jury. Personal freedom, proper
ty and life, if assailed BY the passion, the
prejudice, or the rapactty Of the ruler,
have no security whatever 1t has the
effect Of bill Of attainder, or bill of
pains and penalties, not upon few indi.
viduals alone, but upon whole masses of
the people, including the millions who
inhabit the subjected States, and even
their unborn children. These wrongs,
being expressly forbidden. cannot be con.
stantly inflicted npon any portion of our
people. no matter how they may come
within our jurisdiction aud no matter
whether they live in States, Territories
or Districts. | have no desire to save
from the proper and just consequences of
their great crime those who engaged in
rebellion against the Government, but as
mode ofpunishment the measures under
consideration are the most unreasonable
that could be invented. Many of these
people are perfectly innocent; many
kept their fidelity 10 the Union untainted
to the last many were incapable of any
legal offense, large proportion even of
the persons able to bear arms were forced
into rebellion against their will, and OF
those who arc guilty with their own con.
sent the degrees of guilt are as various as
their character and temper, but these
Acts of Congress confound them all TO-
gether in one common doom. Indiscrim-
mate vengeance npon classes, sects and
parties, or upon whole communities, for
offences committed by portion of them
against the Government to which they
owed obedience, was common to the bar
barous ages ofthe world; but Christianity
and civilization have made such progress
that recourse to a punishment so cruel
and unjust would meet with the condem-
nation of all unprejudiced and right-mind-
ed men.


DANGER OF NEGRO SUPREMACY.


The primitive justice of this age, es.
pecially of this country, does not consist
of stripping whole States of their liber.
, ties and reducing all their people. without
distinction, to condition of slavery II
deals separately with each individual, con.
fines itself to the form of law, and vindi
Gates its own purity by an impartial ex.
animation Of every case before compe.
tent judicial tribunal. If this does moi
satisfy all our desires with regard tc
Southern rebels, let US console ourselves
by rcfecting that Constitution trium.
phant in war and unbroken in peace, is
, worth far more to us and our children than
the qualification of any present feelings
am aware it is assumed that this system
of government for the Southern States is
not to be perpetual It is true this mill.
tary government is to be only provisional
but it is through this temporary OWL that
greater evil is to be made perpetual. II
the guarantees of the Constitution can be
broken Professionally to serve temporary
purpose, and in part only of the country,
we can destroy them everywhere and for
all time. Arbitrary measures often change
but they generally change for the worse
1t is the curse Of despotism that it has nc
hating place. The intermitted exercise
. of its power brings no sense of security to
its subjects; for they can never know
what more they will be called to endure,
when its red right hand is armed to
plague them again. Nor is it possible to
conjecture how or where power, unres-
trained by law, may seek its next victim.
The States that are still free may be en-
i alouod ~ onx ,,,n,,,ank Co. - tba Honck.4,,