Year: 1867

military Jurisdiction which can be exercised OF


that can prevail in time of peace, and that is the
code of laws enacted by Congress for the govern.


ment of the national forces. That body of mill


tary law has no application to the citizen, nor


even to the citizen soldier enrolled i'll the militia


in time of peace. But this bill is not part that


sort of military law, for that applies only to the


soldier and not to the citizen, whilst, conrarwise,


the military law provided by this bill applies only
! to the citizen and not to the soldier.


! need not say to the Representatives of the


American people that their Constitution forbids


the exercise of judicial power in any way but one
that is by the ordained and established courts.


1t is equally we'll known that in all criminal cases


trial by jury is made Indispensable by the ex-
! press words OF that instrument. I will not Ell
! large on the inestmable value of the right thus
secured to every freeman speak Of the danger


to public liberty in all parts OF the country which


must ensue from denial of it anywhere or upon
any pretence. A very recent decision OF the Su-
prcme Court has traced the history. indicated
the dignity, and made known the value OF this
great privilege so clearly that nothing more is


needed. To what extent violation of it might be
excused in time Of war orpublic danger may ad-


NIT of discussion, but we are providing now Tor a
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 act of Congress
is proposed which, If carried out, would deny a


trial by the lawful courts and iuries to nine mil


lions of American citizens, and to their posterity
for indefinite period. 1t seems to be scarcely
possible that any one should seriously believe this
consistent With q COnSttutlOn WHICH declares, IN
simple, plain, AID unambiguous language, that


all persons shall have that right and that no per


son shall ever in any case be deprived OF it.


The Constitution also forblds the arrest or the
citizen without judicial warrant, founded pro-
bable This bill authorizes an arrest with


out warrant, at the pleasure OF military COM


mander. The Constitution declares that no per-


son shall be held to answer for capital or other


wise Infamous crime unless on prCsentment by


grand jury" This bill holds every person, not


soldier, answerablc for all crimes and all charges


Twill ont anun +nlp he Constitution
ciares that mo person shall be deprived Of life hb


ery, or property without due process oflaW.' This


bill sets aside all process of law and makes the ci


tiZen answerable Ill his person and property 10 the
viii of man. and to his life to the will of two


finally, the Constitution declares that the privilege
OF the writ of hdbeas corpus shall not be suspen-
ded 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 pea"e, and authorizes
the military to make the arrest, and gives to the
prisoner only privilege and that is trial
g without unnecessary delay" He has no hope
of release from custody, except the hope, such as
it is, of release by acquittai before military com
mission.


The United States are bound to guarantee to
each State a republican form Of government. Can
it be pretended that this obligation is not papa-
bIv broken il we carry out a measure like this
which wipes away every yc5tiGe of republican gov
crnment in ten States, and puts the life, property
liberty. and honor Of all the people i'll each Of them
under the domiLation of single person clothed
with unlimited authority?


The Parliament of England, exercising the om-
nipOtent power which it claimed, was accustomed
to pass bills of attainder that is to say, it would
convict men of treason and other crimes by legis-
lative enactment. The person accused had hear
ing, sometimes patient and fair one: but gen
orally party prejudice prevailed. instead of JUS
tice. 1t often become necessary for Parliament to
acknowledge its error and reverse its own action
The fathers of country Gtermined that no
such thing should occur here. They withheld the
power from Congress, and thus forbade its exer-
else by that body and they provided in the Con-
stitution that no State should pass any bill of at
tainder 1t is, therefore, impossible for any per-
son in this country to be cOnstitutiOnay cOnvic-
ted or punished for any crime by Legislative pro-
ceeding of any sort. Nevertheless, here is bill


of attainder against nine millions of people at
once. 1t is based upon an accusation so vague as
to be scarcely nte1ligibe, and found to be true
upon credible evidence. Not of the nine
millions was heard in his defence. The rep
resentatiyes of the doomed parties We're excluded
from all participation in the trial. The convic-
tion is to be followed by the most ignominious
punishment ever inflicted on large masses of men.
1t disfranchises them by hundreds of thousands,
and degradeS them all-eVen those who ad-
mitted to be guiltless-frOm the rank of freemen
to the condition of slaves.


The purpose and object of the bill-the general
intent which pervades it from beginning to end


is to change the entire structure and character of
the State Governments, and to compel them by
forc9 to the adoption of organic laws and regula-
tiOns which they unwilling to accept, if left to
themselves. The negroes have not asked for the
privilege of fvoting-the vast majority of them have
no idea what it means. This bill not only thrusts
it into their hands. but cOmpels them, as well as
the whites, to use it in particular way. If they
do not form Constitution with prescribed arti-
cles in it. and afterwards elect Legislature which
will act upon certain measures i'll & prescribed
way, neither blacks nor whites can be relieved
from the slavery which the bill imposes
upon them Without pausing here to con-
slider the policy or impohcy of Africanizing
simply ask the attention of Congress to mani
fest, well-known, and universally acknowledged
rule of constitutionalty, which declares that the
Federal government has no jurisdiction, authority
or power to regulate such subjects in any State
To force the right of suffrage out of the hands of
the white people and into the hands of the negroes


is an arbitrary Violation of this principle.


This bill imposes martial law at once, and its
operations will begin so soon as the General and
his troops can be put in place. The dread alter
native between its harsh rule and compliance
with the terms Of this measure is not suspended,
nor are the people afforded any time for free de-
liberation. The bill says to them, take martial
law first, 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 Consti-
tutions made in conformity with the will of this
Congress, and must declare these States entitled
to representation in both Houses. The whole
question thus remains open and unsettled and
must again occupy the attention of Congress- and
liz the meantime the agitation which now prevails
will continue disturb all portions of the people,


The bill also denies the legality OF the govern
ments of ten of the States which participated in
the ratification of the amendment to the Federal
Constitution abOlishing slavery forever within the
jurisdiction Of the United States, and practically
excludes them from the Union. If this assump-
ton of the bill be correct their concurrence can
not be considered as having been legally given,
and the important fact is made to appear that the
consent of three-fourths of the States-the requ-
site number has not been cOnstitutionaly obtained
to the ratification of that amendment thus ratify-
ing the question of slavery where it stood before
the amendment was officially declared to have be-
come part of the Constitution.


That the measure proposed by this bill does viO-
late the Constitution in the particulars mentioned
and IN many other ways which forbear to emu
merate is too clear to admit of the least doubt
It only remains to consider whether the iniunc-
lions of that instrument ought to be obeyed or
not. l think they ought to be obeyed, for reasons
which will proceed to give as briefly as possible


In the first place, it is the only system of free
government which We can hope to have ma
.iOn When it ceases to be the rule of our conduct
We may perhaps take our choice between complete
anarchy, consolidated despotism and a total
dissolution of the Union; but. national liberty
regulated by law, will have passed beyond our
reach.


1t is the best frame of government the world
ever No other Is or can be so well adapted
70 the genius, habits, or wants of the American
people. Combining the strength Of great en-
0ire with unspeakabe blessings of local self-goy
central power to defend the