Year: 1867

danger may admit Of discussion. But we
are providing now for profound peace.
when there is not .an armed soldier within
, our borders, except those who are In the SER
vice OF the government. 1t Is in such con-
dition that an act Of Congress is proposed
/. which If carried out would deny trial by
lawful courts and juries of nine millions of
American citizens, and to their poserity for
an indefinite period. II seems to be scarce
ly possible that any one should seriously be-
lieve this consistent with a constitution
which declared In simple, plain and unam q.
oiguous language that alt persons shall have
that right, and that no person shall ever iu
any case be deprived of It. o


The con institution also forbids the arrcst of
citizens without judicial warrant, foundation
or probable cause. This bill authorizes the
arrest, without warrant at the pleasure of
the military commander. The constitution
declares that no person shall be held to an.
swer for capital or otherwise Infamous crime
un less on presentment by q grand jury
The bill holds any person not soldier, an.
swerabIe for all crimes and charges wi,bou,
any presentment. The constitution declares
that no person shall be deprived of life, lib.
erty or property without the process of law
This bill sets aside all processes of law and
makes citizens answerable In their person or
property to the will of one man. and his life
TO the will OF two Finally, the constitution
declares that the privilege of the writ of
haoeas corpus shall not be suspended unless
when, in cases of rebellion or invasion, the
public safety may require It; whereas this
bill declares martial law, which of itself sus-
pends this great writ in time of peace, and
authorizes the military authority to make
arrest and gives the prisoner, only one priv
ilege, and that is trial without unnecessary
delay. He has no hope of release from Gus
,ody except the hope, such as it is, of re-
lease by acquittal before military commits.
sion.


The United States are bound to euarnn-
tee to each State republican form Of gov.
ernment Can 1t be pretended thai this obliga.
tion is not palpably broken IL we carry out
a measure like this, which wipes away every
vestige of republican government in ten
States, and puts the life, property, liberty
and honor of all the people in each of them
under the domination of single person
clothed with authority.


The Parliament of England, exercising
the orhnipotence which it claimed, was ac-
tustomed to pass bills of attainder; that Is
to say, 1t would convict men Of treas son and
other crimes by legislative enactment. The
person accused had hearing, sometimes
patient and fair one, but generally party
prejudice prevailed intsead of justice, and It
oiten became necessary for Parliament to ac-
knowlsdge Its error and reverse its own ac-
ton. The fathers Of our country determin-
ed that no such thing should occur here. they
i withheld the power Of Congress, and thas
forbade its exercise by that body, and they
provided in the Constitution that no State
should pass any bill of a;tainder. tits there
fore, impossible for any person in this coun.
try to be constitutionally convicted or pun
ished for any crime by legislative proceed
ing of any sort. Nevertheless here is a bill
OF attainder against nine millions of people.
II is based upon an accusation so vague as
to be scarcely credible and found to be true
upon no credible evidence. Not one of the
nine millions was heard in his own defense.
The representations of the doomed parties
were excluded from all participation In the
trial. The conviction Is to be followed by
the most ignominous punishment ever infiict-
ed on large masses of men. 1t Sisffanchises
them by hund.ds of thousands, and de-
grades them all, even those who are admit.
ted TO be guilty, from freemen to the condi
ton OF slaves. The purposes and objects of
the bill, the general intent which pervades II
from beginning to end, is 10 change the en-.
TIRE structure ard character of the State gov
ernmenls and to compel them, by force to
the adoption of the organic laws and regu.


atons which they are unwilling to adopt if
left to themselves.


The negroes have not asked for privileges
of voting. The vast majority of them have
no idea Of what It means. This bill not only
thruss 1t in 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 1t, and afterward
elect Legislature which will act upon GER
tain measures in prescribed 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 Africanizing the Southern
part OF OUT territory, would simply say,
and ask the attention of Congress to that
manifest well known and universally ac-
knowledged bit Of constitutional law which
declares that the Federal government has no
jurisdiction, authority or power TO regulate
such subjects for any State; In force the
right OF suffrage out of the hands Of the
white people, and into the hands Of the ne
groes is an arbitrary violation of this princi-
pie. This bill imposes martial law at once,
and its operation will be begun as soon as
the General and his troops can be placed
The dread alternative between its harsh rule
and compliance with the terms Of this meas
ure, Is not suspended nor are the people
afforded any time for free deliberations.
The bill says TO them take martial law frst
then deliberate, and when they have done
all that this measure requires them to do,
other conditions and contingencies over
which they have no control yet remain to be
fulfilled before they can be relieved from
martial law. Another Congress must first
approve the constitution made in conformity
with the will of this Congress, and must
declare those States entitled TO representa-
| tion In both houses. The whole question
remains open and unsettled, and must again
occupy the attention Of Congress, 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 government of ten States which partici- |
pated 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. II this assumption Of tho bill be
correct, their concurrence cannot be consid- |
cred as having been legally given, aud the
important fact is made to appear tha, the
consent Of three-fourihs Of the States the
requisite number, has not been constitution
ally obtained TO the ratification of that
amendment, thus leaving the question of
slavery as II stood before the amendment was
officially declared To have become a mart oc