Year: 1867

need not say TO the representatives
Of the American people that their
forbids the exercise of
judicial power in any way but one
that is, by the ordained and establish
ed courts. 1t is equally well known
that in all criminal cases trial by
jury is made indispensable by the ex-
press words of that instrument. /
will not enlarge on the inestimable
value of the right thus secured to ev-
cry free man, or speak of the danger
to public liberty in all parts of the
country, which must ensue from de-
nial Of it anywhere or upon any pre-
tence. A very recent decision of the
Court has traced the history,
the dignity, and made
known the value Of this great privi-
lege, so clearly that nothing more is
needed. To what extent violation
of it might be excused, in time of war
or public danger, may admit Of dis
cussion. 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 government. 1t is
in such condition OF things that an
act of Congress is proposed which, if
carried out, would deny trial by the
lawful courts and iuries to nine mil
lions of American citizens and to their
posterity for an indefinite period. 1t
seems to be scarcely possible that any
one should seriously believe this con.
sistent with Constitution which de-
clares in simple, plain and unambigu-
GUS language, that all persons shall
have that right, and that no person
shall ever, in any case, be deprived of
il. The Constitution also forbids the
arrest Of the citizen, without judicial
warrant founded on probable cause.
This bill authorizes an arrest without


warrant, at the pleasure Of military
commander. The Constitution de-
clares that "no person shall be held to
answer for capital or otherwise infa-
nous crime, unless on presentment by
a grand jury" This bill holds every
person not a soldier answerable for all
crimes and all charges without any
presentmeDt. The Constitution de-
clares that "no person shall be depriv.
ed Of life, liberty, or property, with
out due process Of law" This bill sets
aside all process of law, and makes
the citizen answcrable, in his person
and property, to the will Of one man,
and as 10 his life, to the will of two.


Finally, the Constitution declares that
"the privilege of tho writ Of haboas
corpus shall not be suspended unless


when, in case of rebellion or invasion,
the public safety may require it"


whereas this bill declares martial law,


which of itself suspends this great


writ in time of peace, and authorizes
the military TO make the arrest, and
give to the prisoner only one privilege,
and that is trial without unnecessa-
ry delay. He has no hope of release
from custody, except the hope, such rs
it is, of release by acquittal before
commission. The United
States are bound TO guarantee to each
State republican form ofgovernment.


Can it be pretended that this obi.
cation is not palpably broken if we
carry out measure like this, which
wipes away every vestage of republi-
can government in ten States, and puts
the life, property, liberty and honor
of all the people in each ofthem under
the denomination of single person
clothed with unlimited authority


The Parliament of England, exercis-
ing the omnipotent power which it
was accustomed TO pass bills
of attainder; that is to say, it would
convict men Of treason and other
crimes by legislative enactment. The
person accused had a hearing, some
times a patient and fair one, but gen.
orally party prejudice prevailed in
stead of justice. 1t often became nc
cessary for Parliament TO acknowledge
its error and reverse its own action.


The fathers of our country determined


that no such thing should occur here.


They withheld the power from Con-
gress, 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 tor any person in this coun-


try TO be constitutionally punished for
any crime by legislative proceeding


of any sort nevertheless here is bill


of attaindcr against nire millions of


people at once. 1t is based upon an
accusation so vague as to be scarcely
Ineligible, and found to be true upon


no credible evidence; not one of the


nine millions was heard in his own de-
fence. The representatives of the
doomed parties were excluded from all


participation in the trial. The con-


viction is to be followed by the most
ignominious punishment everinfictcd


on large masses of men. Ii diSiran-
chises them by hudreds of thousands,
and degrades them all, even those who
are admitted to be guiltloss, from the
rank Of freemen TO the condition Of
slaves. Thepurpose and object of the
bill, the general inteLt which prevadcs
il 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 or
ganic laws, and regulations which they
arc unwilling TO accept, if left to theni-
selves The negroes have not asked
for the privilege OF voting; tho vast
majority of them have no idea wha'
il means. This bill not only thrust


it into their hands, but compels them,
as well as the whites, TO use it in a
particular way.