Year: 1867

satisfy mstOrity Of your honorable bodies that tht
faith, but in direct conflict with the constitution,
dare not permit myself to doubt that you will mme
diatey strike them from the statute book To demon
strate the unconstitutional character OF those


need do NO more than to refer to their general pro-
visions. 1t must be seen at once that tn, } au


horzed to dictate what alterations shall be made in
the constitutions Of the several states to control the
elections Of state legislators and state officers.
bers Of congress- and electors Of president and vice
prefident BY arbitrarily declaring who shall and
who shall be excluded from that Prviege TO dissolve
legislatures prevent them from assembling; to dis
miss judges hnd other civil unctionares of state and
appoint Others without regard state law to organ.
ize and operate all political machinery Of states to
regulate the whole administration Of their domestic
and local affairs according to the will of
and irresponsible agents, sent among them Tor that
purpose-ttese are powers not granted 10 the federal
government, or to any one Of its branches Not be.
ing granted, we violate our trust by assuming them
papably we would by acting in the lace Of pos
tive interdict for tie constitution foSbids de-
whatever IL does not afrmaively authorize either by
express words by clear Implication. II the author
ty we derre to use does not to rs through the
constitution. can we exercise it only by usupation
and usurpation 10 the most dangerous Of all political
crimes. BY that crime the enemies of free govern.
men in all ages have worked out their designs sgast
public liberty and private right 1t leads directly and
Immediately to the establishment Of sabsOlute rule
for undelegated power il always Unlimited and unIe
strained. -s = t..


The acts of congress in question are not only oLjcc
tonable for their assumption Of arrogant power but
many Of their provisions are in connic: With direct
prOn1DtlOuo OF tOe CO00ttutlO0 Inc COnet1tutlOn
commands that republican form Of government rhall
be guaranteed to all the states that person shall
be deprived OF lfe liberty, or property without due
process Of law /; arrests without judicial warrant
or punished without fair trial before an imrartiai
jury that the privilege Of the writ Of hateds corpus
shall not be denied in time Of peace and that bill
Of attainder shall be passed e-en against single in
divdusI yet the system of measures established by
these acts of congress does totally subver and destroy
the form we'll substance OF republican govern
ent In the states to which they apply. 1t binds
hn and fOOf In ah ala and
them to q strange and hostile power more unlimited
and more likely to he abused, than any other how
known among civilized men. 1t tramples down all
those rights in which the essence OF liberty consists
and which free government always most careful to
protect 1t denies the habeas corpus and trial by jury
Personal freedom property. and life ii assaled the
passion prejudice incapacity of the ruler have
security whatever. 1t has the effect of bill Of at.
tainder or bill Of pains and penaltes-not upon a
few individuals but whole including the
millions who inhabit the subjected states, and
their unborn children. These wrongs, being express
y forbidden, cannot be consttutioDally inflicted upon
any portion Of our people, no matter how they may
have come within our jurisdiction, and no matter
whether they live in states, territories districts


have no desire to save from the proper and just
in the rebellion against the government; but as a
mode Of punishment, the measures under considera-
tion the ost unreasonable that could be invent.
ed Many OF these are perfectly innocent; many kept
their fidelity to the Union unstained to the last
ny were incapable OF any legal ofsnse. large por-
ton even of persons able to bear arms were forced





who guilty with their own consent the degrees
Of guilt various the shades Of their charac
and temper But these acts Of congress confound
them all together, in one common doom indiscrmi.
nately. Vengeance upon classes cts and parties, or
upon whole communities, for ofenses committed by
portion of them against the government to which
ages of the world but Christianity and civilization
have made such progress that recourse to punish
ment SO cruel and unjust would meet the condemna'
ton of all unpreudiced and right-minded men. The
initiative Justice this and eSDeClally OF this
country does not consist in stripping whole states OF
their liberties, and reducing all their people withou,
Distinction to a condition OF slavery. 1t deals sepa-
ratey with each individual confines itself to toIms o
law, ard vindcates is purity by an impartial
animation of every case before competent Judicial
tribunal If this does not satisfy all desires with


regard southern rebels let console ourselves by
rejecting that free constitution, triumphant in
md unbroken in peace, is worth far more TO us and
our children than the qualification Of our present
feelings.


am aware it is assumed that this system of gov.
ernent for the southern states is not TO be perpetu
al; il Is true this military government is to be only
provisional; but it is through this temporary evil
that greater evil 10 to be made permanent. II this
guarantees OF the constitution Can be broken provs
ionally. to serve temporary purpose, and in part
only OF the country, destroy them everyw here
and for all time Arbitrary measures often change
but they generally change for the worse 1t is the
of despotism that it has no haltng place. In
termitted exercise vi its power brings sense Of
curty its subjects; for they will never know what
they will be called to endure when its red right
hand is armed to strikethtm NJ again; nor is il po.s


BILE to conf cture how when power unrestraned by
law may seek its next victims States that still
free may be eDslaved at any moment; for ii the
stitntion does not protect all, il protects meme.


1t is maniiestly and ayOwedy the Object Of these
laws to confer upon the negroes the privilege of vot
ing and to dslranchise such number of white citi
will give the former q clear majority at all


elections in the southern states This to the minds
PERSONS 10 20 important that violation Of the
constitution 10 justified means Of bringing II
about. The morality is always false which
wrong because ii proposes to accomplish desirable
end, We are not permitted to do good that evil may
come But in this case the end itself evil well
as the means The suLugation of the states to negro
domination would be worse than the military deslOt
ism under which they Al e now suffering.


1t was believed beforehand that the people would
endure any amount of military oppression for any
length of tim" rather than degrade themselves by
subsection to the negro race; therefore they have
been left without choice. Negro suffrage was es
tabiished by congress- and military officers were
manded superintend the clothing OF the negro race
with the practical privileges Of white men, The
blacks Of the south entitled to be humaney gov
erned and have the protection Of just laws for all
their rights OF person and property II itwere prac
ticable ut this time to give them government excu
! siveiy their own, under which they might manage
their own affairs in their own way ii would become


grave question whether We ought to do or wheth
| er common humanity would not require u1to save
them from themselves; but, under the circunNa
this 10 only speculative point. 1t 10 not proposed
merely that they shall govern themselves. hut that
they shall rule the white race, make and administer
state laws elect presidents and members OF congress
and shape, to greater less extent the future dee
tiny of the whole country. Would such trust and
power be safe in such handsf The peculiar qualities
decide upon the management of public affairs Tor
great state have seldom been combined.


1t 10 the glory Of white men TO know that they had
these qualities in sufficient measure to build up, on
this continent great political fabric and to preserss
its stability Tor more than ninety years; while in ev
cry other part OF the world all similar attempts have
| ialled. But, ii ythDg can be proved by known
factsif all reasoning upon evidence ~ not abandon
edit must be acknowledged that in the progress o
nations the negroes have shown less capacity for gov
ernMent than any other OF people. No indepen
dent government OF any form has ever been success
full in their hands On the contrary. whenever they
have been lett to their own devices, they have show
constant tendency to relapse into bai barism. In
the southern states, however, congress has underta
ken to confer upon them the privilege OF the ballot
just released from slavery. it may he doubted wheth
er, class, they know, more than their ancestors
how to organize and regulate civil society Indeed
is admitted that the blacks Of the south not only
regardless Of the rights Of property but their voting
consist in nothing more than carrying the ballot
to the place where they are directed to deposit it.


need not remind you that the exercise OF the elec


tive franchise is the highest attribute Of an American
citizen; and that, when guided by virtue, intelligence
patriotism and proper appreciation Of our free inst
tutions, it constitutes the true basis Of democratic
form Of goyernment in which the sovereign power u
created not Tor its own sake, but solely As means VI
promoting the general welfare. its influence tor good
must necessarily depend upon the elevated character
and true allegiance Of the slector 1t ought, there
FORE to be reposed in none but those who are fitted
morally and mentally, to administer it we'll for il
conferred upon persons who do not justly estimate s
value and who are Indifferent its results 1t will
only serve y means Of placing power in the hands
Of the unprincipled aud ambitious and must eventu-
in the complete destruction Of liberty, OF which 1t
should be the most powerful conserSator.


have therefore. here tofo,e urged upon your at.
tentien the great danger to be apprehended from
untlmely extension OF the elective franchise to any
class in country, aud especially when large
majority OF that class in welding the power thus
placed their hands, be expected correctly to
comprehend the duties and responsibilities which per-
tain suffrage Yesterday, ~ 1t were, four million
OF persons held in q condition Of slavery that
had existed tor generations. To-day they aJe eemen
and are assumed by law to be ctisens 1t cannot bs
presumed, from their previous condition OF servtude,
that a class, they are 10 well informed to the
ture Of our government an intelligent foreigner
who makes our land his homo by choice.


In tho case OF the latter neither residence Of Eve