Year: 1867

my, elaallty or rights OF States individuals,
tlat when this was done the war should cease. I d


not say that this declaration is personally binding OIL
those WHO Joined in making it, any more than indi
'ioual members OF Congress personally bound t.
pay pubic debt created under a law for which the
voted But it was solemn official public pledge o
the national honor, and cannot imagine upon wha
grounds -epudiaton of it is to be justified. If it b.
said that we not bound to keep faith with rebels
| let 1t be remembered that this promise not made
TO rebels only. Thousands of true in the Soutl
were drawn to our standard by it, and hundreds o
thousands in the North gave their lives in the belle
that 1t would be carried out. 1t made on the day
alter the first great battle of the had been fought
| ana lost All patriotic and intelligent men then saw
the necessity Of giving such assurance and believ
ing that without it would end in disaster to ou
c@"Se having given that assurance in the extremity
| OF our peril, violation Of it now in the day of oul
rower, would be rude rending of that good faith
winch holds the moral world together Our country
"oulu cease to have any claim upon the confidence OF
men, IL would make the war not only failure but
| fraud.


THE RECONSTRUCTION LAWS.


Being sincerely convinced that these views are cor
rect, would be unfaithful to my duty if I did not
recommend the repeal of those acts of Congress which
place ten OF the Southern States under the domination
OF military masters If calm reflection shall satisfy


majority OF your honorable bodies that the acts refer
req to are not only violation of national faith but in
direct conflict with the CONSTITUTIONS dare not permit
myself to doubt that you will Immediately strike them
from the statute-bookS. To demonstrate the uncon-
sututlonai character Of those acts need do more
than refer to their general PROVISIONS It must be
seen at once that they authorised To dictate
what alterations shall be made in the Constitutions of
Tue several States, to control the elections of State
legislators and State officers, members of Congress
and the electors OF President and Vice President by
arbitrarily declaring who shall vote and who shall be
excluded from that privilege to dissolve the State
Legislatures or prevent them from assembling; to dis
and
appoint others without regard State law TO organ
ise and operate all political machinery of States to
regulate the whole administration of their domestic
and local affairs, according to the will of strange
ana irresponsible agents sent among them for that
purpose; these powers granted to the Federal
Government or to any of its branches. Not being
granted, we violate our trust by assuming them
papaby as we would by acting in the face Of positive
interdct, for the Constitution orbids to do what
ever it does not armatively authorize, either by
press words or by clear implication If the authority
we desire to use does not to through the Con
sttution, We exercise it only by usurpation, and
usurpaton Is the most dangerous Of all political
crimes. BY that crime enemies of free government
in all ages have worked out their designs against pub
lie liberty and private right 1t leads directly and i'm
medlatey to the establishment of absolute rule, for
undelegated power always unlimited and unrcstran-
ed. The acts Of Congress in question not only
Objectionable fer their assumption of ungraned power,
but many OF their provisions in conflict with the
direct prohibitions of the Constitution. The Consti-
tuition commands that republican form of govern
ment shall be guaranteed to all States that person
shall be deprived of life liberty property without
the due process Of law, arrested without judicial
warrant, punished without fair trial before i'm
partial jury; that the privilege of the habea5 corpus
shall not be denied in time of peace and that bill
of atainder shall be passed against single ndi
vidual. Yet the system of measures established by
these acts Of Congress does totally subver and de-
stroy the form we'll as the substance of republican
government in the ten States to which they apply 1t
binds them hand and foot in absolute slavery, and
subjects them to strange and hostile power
limited and likely to be abused than any other
known among civiIised men. 1t tramples down
all those rights in which the of liberty consists
and which free government is always most careful to
protect 1t denies the writ of habcas corpus and trial
by jury. Personal freedom property and life if as
sailed by the passion, pre- udice rapacity of the
ruler, have security whatever. 1t has he effect Of


bill of atainder, bill of pains and penalties not
upon few individuals, but upon whole masses
including millions who inhabt the subjected South
ern States, and their unborn children
These wrongs being expressly forbidden, cannot be
constitutionay inflicted upon any portion Of peo
ple matter how they may have come within our
jurisdiction, and matter whether they live in States
territories districts. have no desire to save from
the proper and just consequences OF their great crime
those who engaged in rebellion against the Govern
men but mode of punishment, the measures under





invented. Many of these people perfectly inno-
cent many kept their fidelity to the Union untalnted
to the last many incapable of any legal Offences
a large portion even of persons able to bear arms
were forced into rebellion against their WILL and OF
those who are guilty with their consent degrees
Of guilt are various the shades of their character
and temper. But these acts Of Congress conound
them all together in one common doom. lndlscrlml-
vengeance upon classes seGts and parties or upon
whole communities, for Offences committed by por-
ton of them against governments to winch they
owed obedience was common in the barbarous ages
of the world; but Christianity and cvilisatlon have
made such progress that recourse to punishment so
cruel and unjust would meet with the condemnation OF
all unpreudiced and right-mnded men. Punitive
Justice of this age, and especially OF this country does
not consist in stripping whole States of their liberties,
and reducing all their people, without distinction, to
condition of slavery. 1t deals separately with each
individual confines itself forms of law, and vndl-
Gates its own purity by an impartial examination OF
every case before competent judicial tribunal! 1t
this does not satisfy all desires with regard to
Southern rebels let console ourselves by rejecting
that free Constitution triumphant in war and un-
broken in peace, is worth far more to US and our
children than the qualification Of any present feeling
am aware it is assumed that this system OF govern
ment for the Southern States is not to be perpetual
1t is true this military is to be only proVi-
sona If the guarantees of the Constitution can be
broken professionally 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 Tor the worse
It is the course of deSpotism that it has no hanS
place Intermitted exercise Of its power brings no
sense of security its subjects, for they can never
know what more they will be called upon to endure
when its red right hand is armed to plague them
again Nor is it possible to con ecture how or where
power, unrestraned by law, may seek its next victims
States that are still free may be ensaved at any mo-
ment for if the Constitution does not protect ALL II
protects none.


NEGRO SUFFRAGE.


1t is manifestly and avowedy the object of these
laws to confer upon the negroes the privilege OF Vo"s
and to disfranchse such number of white citizens as
will give the former clear ma ority at all elections III
the Southern States. This to the mind OF some per
sons is so important that violation Of the Constitution
is justified as a means Of bringing it about lha
morally is always false which wrong because
it proposes to accomplish desirable end. We are MOI
permitted to do evil that good may come, but Ill tn's
case the end itself is evil, we'll as the means Inc
suhiugation Of States negro domination would be
worse than the military despotiSm under which they
are now suffering. 1t was believed beforehand that
til people would endure any amount of military op
preston for any length of time rather than degrade
themselves bysuhectOn to the negro race. Therefore
they have been left without choice. Negro suffrage
was established by of Congress, and military OH