Year: 1863

OeSDOtfSme
ments from which the preceden.s are drawn tc
justify it.


T. New York and other States consented to make
, up the General Government only upon the assur
I ance that the original Constitution should be SC
amended to secure NOR. perfectly the right:
4 of States and citizens. These articles were add
D ed by the unanimous votes of the States:


ARTICLE 4-"The right of the people to be Sc
cure in their persons. houses, papers and effects
against unreasonable searches and seizures. shall
$ not be violated And no warrant shall issue but
a upon probable Causes. supported by oath OF af-
{ firmatoh and particularly describing tie place to
be searched ami the person or thing so seized
5 ARTICLE 5-"No person shall be held to an
E swer for capital or otherwise infamous crime,
unless on presentment or indictment OF grand
jnrv except in cases arising in the land or na val
forces. or in the military when in actual service
IN time OF war or public danger;
nor be deprived of life. liberty or prop
ety. without due process of law"


The want OF these restraints in the original in
strument endangered its adoption. They were
inserted TO satisfy the public demand. We are
now told that they OF no avail, in any part of
our country, when the Executive shall see tit to
declare there is war nsurrection ia any section
OF this land


Such pretentions are IN contradiction to the
plain language of these clauses. and to their set
tied legal effect. lfany differences of construc-
ton be possib e. our Constitution provides for
their determination These questions will be car
ried before the proper judicial tribunals. II the
theory of martial law is upheld by them. We will
submit, and have the Constitution amended If
: il is held to be unfounded. il must be given up.


So sacred did our fathers hold constitutional
rights, that they placed them beyond the reach
even of the majority of our people. Written
Constitutions are made not only to carry out the
wishes. but also TO restrain the power, of ma





mnOnties. They give the humbeSt citizen. the
right OF religious freedom against the whole power
OF our people. No matter how large majority
may be, il must not interfere with rights OF per
sons, of property or OF conscience.


The President himself holds his place not by
the will of the majority, but by virtue of the
provisions of the Constitution which placed him
| in his Office by the votes of about 100000
against the votes of about 2 800 ,00O who did not
agree among themselves 10 opposing cind
ddIes. He continues righttully To hold his office.
although the popular majOrties. even i'm the
States which placed him there. have. ia the re-
cent elections. declared themselves politically
opposed to his Administration the majority are
still bound to respect his constitutional rights to
uphold his powers and to sustain his acts done
within the limits OF rightiu authority.


The RI hts of States were reserved, and the
powers of the General Government were limited
To protect the people in their persons, property
and consciences. in times of danger and civil
commotion There is little to fear in periods of
peace and prosperity. 1t we are not protected
when there are popular excitements and convu-
suns. our Government is failure IT Pres-
dental procamations above the decisions of
the Courts and the restraints of the Constitution.
then that Constitution is a mOckery. Ii it has
not the authority to keep the EXECUTIVE within
its restraints then it cannot restrain States within
the Union. Those who hold that there is no
sanctity in the Constitution. must equally hold
that there is guilt in the rebellion.


We can not be silent aI,d allow these practices
to become precelenls They are as much in vio
latiOn of the Constitution AS the rebellion ITSELF
and more dangerous TO liberties. They hold
out TO the Executive every temptation of amh-
ton to make and prolong the They offer
despOtic power price for preventing peace.
They are inducements to each Administration to
produce discord and incite armed resistance to
law, by declaring that the condition of re
moves all constitutional restraints. They call
about the National Capitol hordes of unprincipled
men. who find in the wreck of their country the
opportunity to crafty avarice or ambition. or
personal political reSentments. This theory
makes the passion aud ambition of an Admins
tration antagoni>tic To the interest and happiness
of the people IL makes the restoration OF peace
the abdieafiOn of more than regal authority in
the hands of those To whom is con6ded the Gov
ernment OF our country.


! OF the same nature is the recent Procla nation
of EmarcDatiOn. The Presiden, has already
signed an act of Congress which asserts that the
slaves of those in rebellion cOnhScated The
sole effect of this proclamation, therefore, is TO
declare the emancipation of slaves OF those not
in rebellion. and who therefore loyal citizens.
IL is extraordinary deduction from the alleged
war power that The forfeiture of the right of loyal
citizens. and bringing upon them the same pun
izhn sol .l.nln nfa
to advance the success oil the war. to uphold the
Constitution and 10 restore the Union.


The class of loyal citizens who above all others
are entitled to the protection of the Government
are those who have remained true TO the flag of
our country. And vet the sole force of this
proclamation Is directed against them. May not
this measure SO clearly impoliiic unjust and un-
constitutional. and which is calculated to create
81 many barriers 10 the restoration of The Union.
be miscoastrued by the world as an Abandonment
Of the hope the purpose of ressoring it--a
suit to which the State of New York is unalter
ably opposed and which will be efIectually re-
sisted.


We must not only support the Constitution of
the United States and maintain tie rights of the
States. but must restore Union it was
before the outbreak OF the The assertion
that this war was the unavoidable result OF slave.
ry. is not ony erroneous. but it has led to a dis
astrous policy in its prosecution The opinion
that slavery must be abolished to restore our
Union creates antagOnsm between tie free
and slave States which ought not to exist. If il
is true that slavery must be abolished by the force
of the Federal Government that the South must
be held in military subjection; that four millions
of negroes must for many years be under the di-
rect management OF authorities at Washington at
the public expense; then. indeed. we must endure
the waste of our armies i'm the field further drains
upon our population, and still greater burdens OF
debt. We must convert our Government into a
, military despotsm The misch;evous opinion
that in this contest the North must subiugate and
|, destroy the South to save Union, has weak
ened the hope OF citizens ut home and de
stroyed the confidence in our success abroad.


THE CENTRAL AND WESTERN STATES
1t is suggestive fact. aifordmg instruction and
hope for the future that the theories which have
2 exercised an evil influence on our National poll
tics did not originate in what may be called the
heart OF the Union. among the intimate and we'll
/ acquainted populations of the Central and Vest
ern States. where the States permitting and for
bidding slavery are in actual contact. nor in the
{ portions traversed by the great East and West
E lines of commerce and intercourse. They have
E been developed almost entirely in two sections
D comparatively isolated by position. traditions and
a peculiar habits of thought, aud least connected
] with the more homogeneous mass OF our people
There have been extreme Northern views and
extreme Southern views: but also the broader
and more tolerant views of the more populous
o Central and Western States


These extend on both sides of that indenturne
"a boundary between "slave and Tree States
!; which Is not line of opposing opinions. but oi
: intermingtng interests. Their plans are inter


locked by continent rivers. and not divided BY
e mountain ranges These States are region o