Year: 1867




Of party predominance but of duty which VIC ar q


alI sworn to perform. If We cannot support u


constitution with the cheerful aiacrlty Oh 1nose Wn


love and believe in It. must give 70 II, at least


the fidelity Of public servants VIZ are escn unoei


solemn obligations and conImands which they dc
Z not disregard


TEE WAR PLEDGES OF THE GOVERNMENT
: constitutional duty is not the only one which re


auires States to be restored There is another con


sideration, which, though Of minor importance, il


yet Of great weight


On the I'D Of July, 1861, Congress declared, by


an almost unanimous vote of both Houses that the


war should be conducted solely for the purpose o


preserving the Union and maintaining the supre-


macy of the Federal Constitution and laws without


impairing the dignity equality and rights of States
or individuals" and that when this was done the


war should cease do not say that this decRra-
ton is personally binding on those who Joined 10


making t. any more than individual members Of
Congress are personally bound TO Iay public debt


created under q law for which they voted; but ii


was q solemn, public official pledge of national


honor, and cannot imagine upon what ground re-
pudiation Of IL is TO be justified If it be said that
| we are not bound to keep faith with rebels let it
be remembered that this promise was not made reb-
els only. Thousands Of true men in the South were
drawn 10 standard by it, and hundreds of thou
sands in the North gave their lives in the belief
| that it would be carried out


1t was made on the dag after the first great bat
tic OF the war had been fought and lost All patri
otc and intelligent men that saw the necessity Of
giving such an assurance, and believing that with
Out II the war would end in disaster to our cause
having given that assurance in the extremity of
peril violation CT il now in the day of our power
would be rude rendering Of that good faith which
holds the moral world together. Our country would
cease 70 have any claims upon the confidence of
men. 1t would make the war not only failure
but fraud.


REPEAL OF THE RECoNBrRUCTIoN ACTs.
RoTu rsr l..


correct would be unfaithful 20 nv duty did not
recommend the repeal Of the acts of Congress which
places ten Of the Southern States under the domna
ton OF military masters II calm reflection shall
satisfy majority Of your honorable bodies that the
acts referred to are not only violation of the ma
tlona faith but In direct conflict with the Constitu-
lion, dare not permit myself 10 doubt that YOU
VIII Immediately strike them from the statute
books. To demonstrate the unconstitutional char
acter of these acts need do no more than TO refer
70 their general provisions


1t must be seen at once thas they are authorized
70 dictate what alterations shall be made in the con-
stltuons Of the several States 20 control elections
OF State Legislatures and State officers members of
Congress and election of President and Vice Presi-
Dent, by arbitrarily declaring who shall vote and
VINO shall be excluded from that privilege; to dis
solve State Legislatures or prevent them from as
sembling, to dismiss Judges and other civil funct-
onares Of States and appoint others without regard
TO the State; 10 organize and operate all the polit
cal machinery Of the State; TO regulate the whole
administration Of their domestic and local affairs
according TO the will of strange and irrespon
slble agents sent among them for That purpose
These are powers not granted TO the Federal Gov
ernment nor to any one of its branches.


Not being granted, we violate our trust by as
sumlng them as palpsbly as we would by acting in
the face OF positive interdct for tho Constitution
forbids us to do whatever it does not afarmatvely
authorize, either by express words or clear mpca-
ton. If the authority we desire to use does not
come to us through the Constitution, we can exer-
else it only by usurpation, and usurpation is the
most dangerous of political crimes. By that crime
the enemies Of free government in all ages have
worked out their designs against public liberty and
private right. 1t leads directly and Immediately
TO the establishment of absolute rule; for undele-
gated power is always unlimited and unrestrained.


UNCONSTITUTIONAL FEATURES OF THE ACTS.


The acts of Congress in question are not only OBJ
jectionable for the assumption of ungrsnted pow
ers but many Of their provisions in conflict with
the direct prohibition of the Constitution. The
Constitution commands that a republican form of
government shall be guaranteed to all the States
that no person shall be deprived of either life lib
efty or property, without due process Of law, ar
rested without Judicial WRrrant, punished with
out fair trial before an impartial jury, that the
privilege Of h05eas corpus shall not be denied in
time Of peace; and that bill of attainder shall
be passed even against single individual yet the
system Of measures established by these acts of
Congress does totally subvert and destroy the FORM
as well as substance of republican government in
ten States 10 which they apply.


1t binds them hand and foot in absolute slavery |
and subjects TO q strange and hostile power, more
unlimited and likely TO be abused than any other
now known among civilized men. It tramples
down all those rights in which the essence of lib
erty consists and which free government is always
most careful to protect. 1t denies habsas corpus
and trial by jury. Personal freedom, property and
life if assaied by the passion prejudice or rapaci-
tEy fhn horra
the effect of bill of attainder bill of pains and
penalties, not upon few individuals but upon
whole masses including millions who inhabit the
subject States, and even their unborn children.
These wrongs being expressly forbidden, cannot bo
consttutionally inflicted upon any portion OF our
people, matter how they may have come within
our Jurisdiction, and matter whether they live in
States territories districts.


1 have no desire to save from the proper and just
consequences of their great crime those who were
in rebellion against the Government; but as mode
Of punishment the under consideration are
the most unreasonable that could be invented. Many
of those people are perfectly innocent. Many kept
their fidelity 20 the Union untainted 90 the last.
Many were incapable of any legal ofense. A large
portion Of the persons able TO bear arms were
forced into the rebellion against their will, and OF
those who are guilty with their own consent tina
degrees of guilt various the shades of their
character and temper. But these acts of Congress
confound them all together in one common doom.


ISDIsCRIMINATE VENGEANCE


upon classes, sects and parties, or upon whole COM
munities, for ofenses committed BY portion of
them against governments TO which they owed obe-
dience, were common in the barbarOus ages OF the
world but Christianity and civilization have made
such progress that recourse 20 punishment 50 cruel
and unjust would meet with the condemnation of
/ all unpreiudiced and right minded men. The pu-
ntive justices Of the age especially of this country,
does not consist Of stripping whole States of their
liberties and reducing all their people without dis
tinction, 10 8 condition of slavery. II deals sepa-
rately with each individual confines itself TO the
forms of law and vindicates its own purity by sn
! impartial examination Of every case before COM
I petent judicial tribunal.


IL this does not satisfy al cur desires with regard
10 the Southern rebels LET console ourselves by
rejecting that free Constitution, triumphant IN
war and unbroken in peace is worth far more TO us
and our children than the qualification OF any pres
ent feeling.


DURATION OF THE EVIL.


lam aware It is assumed that this system Of gov
ernmeut for the Southern States is not to be per-
petual. 1t is true this military government Is 70 Oe
only PROVISIONAL but it is through this temporary
evil that greater evil is to be made perpetual. IL
the guarantees Of the Constitution can be broken
Professionally to serve a temporary purpose ana III
/ a part only of the country, we can destroy thenl
everywhere, and for all time. Arbitrary measures
often change but they generally change for the
4 worse. ~
Mace Intermitted exercise of its power brings no
sense of security TO its subjects for they never
know what more they viii be called 70 endure when
its red right hand is armed to plague them again.
Nor is it possible TO conjecture how when power
unrestrained by law, may seek its next victims
States that are still in the Union may be enslaved
nd anv moment; for If the Constitution does not
protect all il protects none. II is maniiestly and
avowedly the objects Of these laws TO confer upon
negroes the privilege of voting TO disfranchise such
number of white citizens as will give the former
clear majority at all elections in the Southern States
This to the minds Of some persons is SO important
mat violation Of the Constitution is justified as a
! ,s,s If bringing II about The majority is al