Year: 1867




courts. 1t is equally well known that in al
criminal cases trial by jury is made indispen
sable by the express words of that instrument
| will not enlarge on the inestimable value O
the right thus secured to every freeman, OF
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 Supreme Court has traced
the history, vindicated the dignity, and made
known the value of this great privilege so clear
! ly that nothing more is needed. To what ex.
tent violation of it might be excused in time
OF war or public danger may admit of discussion,
but we are providing now for time of profound
peace where there is not an armed soldier with
| IN our borders except those who are In the SER
vice of the Government. 1t is in such con-
ditlon OF things that an act of Congress is pro-
posed, which, if carried out, would deny trial
| by the lawful courts and juries to nine millions
OF American citizens, and to their posterity fol
an indefinite period.


| 1t seems to be scarcely possible that any one
should seriously believe this consistent with a
Constitution which declares in simple, plain
and unambiguous language, that all persons
ever in any case be deprived of it. The Con-
stitution also forbids the arrest of the citizen
without judicial warrants, founded on probable
cause. This bill authorizes an arrest without
warrant, at the pleasure of military comman-
der The Constitution declares that mo per-
son shall be held to answer for capital or 9TH
er infamous crime unless on presentment by a
grand jury" This bill holds every person, not
soldier, answerable for all crimes and all char.
ges without any presentment. The Constitu-
ton declares that mo person shall be deprived
OF life, liberty, or property without due process
OF law. This bill sets aside all process of law,
al-oc fh<o
and property to the will of one man. and as to
his life to the will of two Finally, the Consti-
tuition declares that ''the privilege of the writ
of habeas corpus shall not be suspended unless
when, in case Of rebellion or invasion, the pub
lie safety may require it; whereas this bill de-
clares martial law (which of itself suspends this
great writ,) IN time OF peace, ana authorizes the
military to make the arrest, and gives to the
prisoner only one privilege and that is a trial
without unnecessary delay He has no hope
OF release from custody, except the hope, such
as 1t is, OF release by acQuittal before military
commission.


The United statas are bound to guarantee to
each State Republican form of Government.
Can it be pretended that this obligation is not
palpably broken if we carry out measure like
this which wipes away every yestige Of Repub-
lcan government IN ten States, and puts the
life, property. liberty, and honor of all the neo-
pie IN each OF them under the domination of
single person clothed With unlimited authority?


The Parliament Of England, exercising the
omnlpotent power which it claimed, was accus-
toned to pass bills of attainder that is to say,
1t would convict men Of treason and other crimes
by legislative enactment. The person accused
had hearing, sometimes a patient and fair one;
but generally party prejudice prevailed, instead
OF justice. 1t often became necessary for Par
n nnyDlQ lQfn Ifc
own action The fathers of our country deter
mined that no such thing should occur here
They withheld the power from Congress, 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, there
fore, impossible for any person in this country
to be constitutionally convicted or punished for
any crime by a legislative preceding of any sort
Nevertheless, here is bill of attainder against
nine millions of people at once It is based
upon an accusation so vague as to be scarcely
lntelllglble, and found to be true upon no cred
IDLE evidence. Not one of the nine millions was
heard in his own defence. The representatives
of the doomed parties were excluded from all
participation in the trial The conviction is to
be followed by the most ignominious punish
ment ever inflicted on large masses of men. 1t
DISTINGUISHES them by hundreds of thousands,
and degrades them all-even those who are ad-
mitted to be guiltless-from the rank of free
men to the condition Of Saves


The purpose and object of the bill-the gen.
eral intent which pervades it from beginning to
ends to change the entire structure and char
acter of the State Governments and to compel
them by force to the adoption of organic laws
and regulations which they are unwilling to ac-
not asked for the privilege of voting-the vast
majority of them have no idea what it means
This bill not only thrusts it into their hands, but
compes them, as well as the whites, to us cit in
particular way If they do not form a Con-
stitution with prescribed articles in it, and af-
forwards elect Legislature which will act upon
certain measures In a prescribed way, neither
black nor white can be relieved from the slavery
which the bill imposes upon them. Without
pausing here to consider the policy or impolicy
OF Afrlcanizing the Southern part of our terri
| tory, | would simply ask the attention of Con-
gress to that manifest, well-known and universal
| ly acknowledged rule Unconstitutional law, which
| declares that the Federal Government has nc


jurisdiction, authority, or power to regulate such
subjects for 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 al
| tentative 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 Con
,titutons made in conformity with the will ol
/ 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 Con
gress, and in the meantime the agitation which
now prevails will continue to disturb all portions
of the peo lie.


The Oil 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 prac
! ticay excludes them from the Union. Ii this
assumption of the bill be correct, their concur
renee cannot be considered as having been legal
ly given, and the important fact is made to APP
pear that the consent of three -fourths of the
States-the requisite number-has not been
constitutionally obtained to the ratification OF
that amendment, thus leaving the question Of
| slavery where it stood before the Amendments
the Constitution.


That the measure proposed by this bill does
violate the Constitution In the particulars men
toned. and In many other ways which forbeai
to enumerate, is roo clear to admit OF the least
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