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ikdljmi (fcntft'imsc
(SEMI-WSEKLY. )
*
L. C. BRYAN, : : : : Ticlitor.
THOMASVILLB, O A.:
FRIDAY, MARCH 15, 1807.
I*RE»II>ENT’S VETO .niiSSAfiE.
To the exclusion of almost every thing
else, we publish to-day; the President's
"Message -vetoing the Sherman Military,
miscalled, Reconstruction Bill. The mea
sure has become the law of the land, and
it will be well for every American to read
carefully the President’s Veto Message, in
order to be able in some degree to compre
hend and measure the enormity pf the
evils it inflicts upon a disarmed, quiet and
submissive people. The President attacks
the bill at all points, shows the deep laid
schemes to overthrow the liberties of the
country, and with unanswerable arguments
totally demolishes t: e authors of the bill
and exposes to full view all the hideous
designs contained in its Let
every man read the Message, that lie may
ever remember the great wrong perpetra
ted by the present Congress upon ten
sovereign Southern States.
rntWili OF NAME,
The Methodist Conference at Baltimore,
in addition to its vote in favor of lay re
presentation, has also voted unanimously
to change the name cf the Church from
Methodist Episcopal to Episcopal Metho
dist Church, by which name that sect, of
Christians will hereafter be .known. The
vote was yeas, 104 : nays 0. It is tho'nght
that the change will probably cause iho
accession to the Episcopal Methodist
Church of the entire Methodist Protest ant
Church in the Southern States, including
Maryland. —Macon Telegraph,
"VETO MESSAGE
Os the President of the United States,
return ing to the House of Represent
tatives a Liil entitled “ An Act to
Provide for the More Efficient Go
vernment of the Rebel States.”
To the House of Representatives :
I have examined the hill ‘‘to pro'
vide for the mortf efficient government
of the rebel States” with the care and
anxiety which its transcendent impor
tance is calculated to awaken.. I am
unable to give it my assent for reasons
so grave, that I hope a sttftcment of
thour may have some influence on the
minds of the patriotic and enlightened
men with whom the decision must ul
timately rest.
The bill places all tlid*peop!e of the
ten" Ptafes therein named under the
absolute domination ol military rulers;
and the preamble undertakes to give
the reasons upon which the measure
is based, and the ground upon which
it is justified. It declares that there
exists in those States no legal govern
ments, and no adequate protection for
life and property, and asserts the ne
cessity ot enforcing peace and good
order within their limits. Is this true
as matter of fact '!
It is not denied that the Stakes in
question have each'of thgra an actual
rrnwnvnmnnf jwifcl* "i % r ~• .
cutive, judicial and legislative, which
properly belong to a free State.* They
are organized like other States of the
Union, and, like them, they make, ad
minister and execute the laws which
concern their domestic affairs. An
existing de facto government, exercis
ing such functions as these, is itself
the law of the State upon all matters
within its jurisdiction. To pronounce
the supreme law-making power of an
established State illegal, is to say that
law itsclt is unlawful.
The provisions which these governi
ments have made for the preservation
of order, the suppression of crimo, and
the redress of private injuries, are in
substance and principle the same as
those that prevail in the Northoni
States and in other civilized countries.
They certainly have not succeeded in
preventing the commission of all crime,
nor has this been accomplished any
where in tho world. There, as well
as elsewhere, offenders sometimes es
cape for want of vigorous prosecution,
and occasionally, perhaps, by the inef
ficiency of courts or tho prejudice of
jurors. It is undoubtedly truo that
these evils have been much increased
and aggravated, North and South, by
the demoralizing influences of civil
war, and the rancorous passions which
the contest lias engendered. Rut that
these people are maintaining local go
vernments for themselves which habit
ually defeat the object of all govern
ment and render their own lives and
property insecure, is in itself utterly
improbable, and the averment of the
bill to that effect is not supported by
any evidence which lias come to qiy
knowledge. All the information 1
have on the subject, convinces me that
the masses of the Southern people, and
those who control their public acts,
while they entertain diverse opinions
on questions of Federal policy, are
completely united in the effort to re
organize their society on the basis of
peace, and to restore tin ir mutual
prosperity as rapidly and as completely
ag their circumstances will admit.
The bill, however, would seem to
show upon its face that tho establish
ment of peace and good order is not
its real object. The fifth section de
clares that the preceding sections shall
cease to operate in any State when cer
tain events shall have happened.—
These events are—First, the selection
of delegates to a State Convention by
an'eleAion at which negroes shall be
allowed to vote. Second, tho forma,
tion of a State Constitution by the
Convention so chosen. Third, the in
sertion into t lie State Constitution of
a provision which will secure the right
of ypting at all elections to ncgrofcs,
and to such white men as may not be
disfranchised for rebellion or felony.
Fourth, the submission of the Consti
tution for ratification to negroes and
white men r.ot disfranchised, and its
actual ratification by their vote. Fifth,
tho submission of the State Constitu
tion to Congress for examination and
approval, and the actual approval of it
by that body. Sixth, tho adoption of
a certain amendment to the' Federal
Constitution by a vote of the Legisla
ture elected under the new Constitu
tint). Seventh, the adoption of said
amendment by a sufficient number ol
other States to make it a part of the
Constitution of the United States. All
these conditions must be fulfilled be
fore the people of any of these States
can be relieved from the bondage of
military domination; but when they
.fulfilled, then immediately the pains
and penalties of the bill are to cease,
no matter whether there be peace and
order, or not, and without any refer- ]
cnee to the security of life or property.
The excuse given fi r the bill in the
preamble is admitted by tho bill itself
not to be real. The military rule
which it establishes is plainly to be
used—not for any purpose pf order or
for the prevention of crime, but solely
as a means of coercing the people into
the adoption of principles and mea
sures, to which it is known that they
are opposed, and upon which they
have an undeniable right to exercise
their own judgment.
I submit to Congress whether this
measure is not, in its whole character,
scope and object,- without precedent
and without authority, in palpable con
flict with the plainest provisions of the
Constitution, and, utterly destructive
of thofio great principles of lit cr-ty and
humanity.for which our ancestors dti
both sides of tho Atlantic have shed
so much blood and expended so much
treasure.
The ten States named in the bill
aye divided into five Districts. For
each district an officer of the army,
not below the rahk of Brigadier Gen
eral, is to be appointed to rule over the
people ; and he is to be supported by
a sufficient military forco to enable
him to perform his duties and enforce
his authority. Those duties i rrd that
authority, as defined by the third sec
tion of the bill, are, “to protect all
persons in their rights of person and
property, to suppress insurrection, dis
j order and violence, and to ’punish, or
| cause to be punished, all disturbers of
i the public, peace or criminals.” The
! power thus given to the commanding
officer over till the people of each dis
| trict is that of an absolute monarch.
! Ilis mere will is to take the place of
| all law. The law of the RkutcsYs uow
I the only rule applicable to" the subjects
j under his control, and that is com-
J pletely displaced by tire clause which
j declares all interference of Siate au
| thority to be null and void lie alone
| is to be permitted to determine what
are rights of person or property, and
he may protect them in such way as
in his discretion may seem proper. It
places at his free disposal all the lands
and goods in his district, and lie may
j distribute them without let or hind
rance to whom lie pleases. Bc-tug
bound by no State law, and there bei
ing no other law to regulate the sub
ject, he mav make a criminal code pf
| ins own ; ana no Can make it as bloouy
j as any recorded in history, or ho can
I resene the privilege of acting upon
the impulse of bis private passions in
| each case that arises, lfo 1s bound
j by no rules of evidence ; there is in
| deed no provision by which lie is au
i thorized or required to take any evi
j donee at al. Everything is r. crime
j which he chooses to Call so, and all
I persons are condemned whom* he pro
| nounces to bo guilty, lie is not houud
j to kfeep any record, or make any re
] port of his proceedings, lfo may nr
j rest Lis victims wherever he finds
| thorn without warrant, accusation or
| proof of probable cause. If lie gives
them a trial befure ho inflicts the pun
ishment, he gives it of his grace and
mercy, not beenuso he is commanded
so to do.
To a casual vender of the bill, it
’might seem that sonic kind of trial
was secured by it to persons accused
of crime; but such is not the! caso.’
The officer “may allow local civil tri
bunals ti try offenders,” but of course
this docs not require that be shall do
so. IT any State or Federal Court
presumes to exercise its legal jurisdic
tion *by the trial of a malefactor with
out his special permission, he can
break it up atril punish the judges and
jurors tis being themselves malefactors,
lflb cun save bis friends from justice,
and spoil his enemies contrary to jus
tice,
It is also provided that “ho shall
have power to organize military conn
I missions or tribunals but this power
lie is not commanded to exorcise. It
j is merely permissive, and is only to be
j used “ when in his judgment it may
| be ncficssarv for the trial of offenders.”
1 Even if H er sentence of a commission
j wore made a pre-requisite to the piin
j ishment of a party, it would scarcely
be the slightest clu ek upon the officer,
who has authority to organize it as lie
j pleases, presej'ibo its mode of proceed
| ing, appoint its members from among
j his own subordinates, and* revise ail
I its decisions. Instead of luijtigating
} the harshness of his single rule, such
| a tribunal would be used much more
I probably to divide the responsibility
of making it more cruel and’imjust.
| Several provisions, dictated by the
j humanity of Congress have been in
serted in the bill, apparently to re
strain the power of the commanding
| officer ; hut it seems to me that they
j are of no avail for that purposo. The
j fourth section provides : First, That
| trials shall not be unnecessarily dgjay
j ed ; but I think 1 have shown that the
; power is given to punish without trial,
and if so, this provision is practically
! inoperative. Second, Cruel or unusual
I punishment is not to be inflicted ; hut
1 who is to decide what Is cruel and
I what is unusual "l The words have
! acquired a legal meaning by long use
|in the courts Can it he expected
* that military officers will understand
or follow a rule expressed in language
so purely technical, and not pertaining
in the least degree to Their profession !
If not, then eaclf officer may defiyie
cruelty according to his own temper,
and if it is not usual, he will make it
usual.' Corporeal punishment, itppri
sonment, the gag, tiie ball and chain,
and the almost insupportable forms of
torture, invented for military punish
ment, lie within the rangj of choice.
Third, The sentence ot a commission
is not to be executed without being
approved by the commander, if it af
fects life or liberty; and a sentence of
death must be approved by the Presi
dent. This applies to cases in which
there has been a trial and sentence. I
take it to be clear, under this bill, that
the military commander may condemn
to death without even th<s form of a
trial by a military commission, so that
the life of the condemned may depetfd
upon tjie will of two men, instead of
one.
It is plain that the authority here
given to the military officer amounts
to absolute d< spotism. Rut to make
it still more unendurable, tli* bill pro
vides that if may be delegated to as
many subordinates as he chooses to
appoint; for it declares that he shall
“ punish or caused to be punished.”
Such a power has not been wielded by
any monarch in England for more than
five hundred'years. In all that time
no people who speak the" English lan
guage liave borne such servitude. It
reduces the whole population of the
ten States*—all persons, oi every color,
sex and condition, and every stranger
within their limits —to the most abj- et
and degrading slavery. No master
ever bad a control so absolute ofer his
slave's as this bill gives to the military
officers over both white and colored
persons.
It may be answered to this that the
officers of the army are too magnani
mous, just and humane to Oppress and
trample upop a subjugated people. I
do not doubf that army officers are as
well entitled to this kind of confidence
as any other class of men. Rut the
I history of the world has been written
in vain, if it docs not teach us that
| unrestrained authority can never lie
i safely trusted in human hands. It is
! almost, sure to. be move or less abused
i under any circumstances, and it has
i jdways resulted in gross tyranny wjtere
the rulers who exercise it-arestrivngoj*
! to their subjects, and come among
i them as the of a dis
j taut power, and'more especially when
j the power that sends tjjom isunfrind
: ly. Governments closely resembling
that here propoled have been fairly
tried in Hungary.and l’oland, and the
suffering endured by those people
roused the sympathies of the entire
J world It was tried in Ireland, and,
| though tempered at. first by the prin
ciples of English law, it "aye birth to
I cruelties so atrocious that they'are
| never recounted without just indigna
tion. The French Convention armed
{ its deputies with this, power, and sent,
\ them to the Southern departments of
I the Republic. Tim * nmssacree, niur
| dors, and other atrocities which they
j committed, show what the passions pf
| the ablest men in the most civilized
j society will tempt them to do when
! wholly unrestrained by law
| The men of our race in every age
[ have struggled to tie up the hands of
their Governments and keep them
within the law; because their own
I experience of all mankind taught
j them that uders could not be relied
| on to concede those rights which tlm/
were not legally bound to respect. —
The hand oi' a great empire lias some
times governed it, with a mild and pa
ternal sway ; but the kindness of an
j irresponsible .deputy never yields
| what tho law docs not extort from
' him. Between such a master and the
people subjected to bis domination
there can be nothing but .enmity; he
punishes them if they resist Iris art)
j thority, and, if they submit to it, he
j haters them for their servility.
I I conic now to a question which is,
! if possible, still more important
Have wo the power to establish and
) entry into execution a measure like
| this? 1 answer, certainly not, if we
j derive our authority from the cobsti
j tution, and if wo arc bound by. the
j limitations which it imposes.
This proposition is perfectly clear
b —that no branch of tho Federal Gov- -
eminent, executive, legislative, or ju
dicial, can have any just pqjversf exi
cept those which it derives through
and exercises yndcr the organic law
of the Union. Outyido of the Consti
j tution, we have tie legal authority
more than private citizens, and wit Iv
in it wo have only so much as that in
strumenf gives t-s. This broad prin
ciple limits all our (Vwiotiofis, and up
pl esto'till subjects, U protects- not
only tbe citizens of States which are
within the Union, but it shields evj-ry
human being who cum -s or is brought
under our jurisdiction. We Ifbvu no
■tffbt te flu in obo filauo tin ire tlwin iu
another, that which the Constitution
says wo shall not do at all. If, 4 here
foie, the Southern Stares were out of
the Union, wo could not treat their
people in a way whioh the fundamen
tal law forbids.
Sonic persons assume that tho suc
cess ol our gnus crushing the op
position which was made in some, of
the States to the execution of the
Federal laws, reduced those States
aud all their people—tho innocent as
well as the guilty—to the condition of
Vassalage, and pfavc Us a power over
them which the Constitution dors not
bestow, or define, or limit. No lalla.
ey can bo ti oro tiansparent than this.
Ottr victories subjected the insur,
“ents to legal obedience, not to the
yoke ol an arbitrary despotism. When
ftn absolute sovereign reduces his re
bellious subjects lie may deal with
them according to his pleasure, be
cause he had the power before. But
when a limited moiiurch puts down
an insurrection, ho must still govern
according to law. If an insurrection
should take place in one of our States,
against the authority of the State gov
eminent, and cod in the overthrow of
those who planned it, would that take
awav the rights of all the people of
thin counties where it, was favorqjJ by
a part or a majority of the population ?
"Could they for such a reason be out.
luwcd and deprive*! of their repress u
tution in the Legislature ? I have al
ways contended that the Govern merit
of the United States was sovereign
within its constitutional sphere; that
it executed its laws, like tho States
themselves, .by appfyring its coercive
power directly to individuals; and
that it could put down insurrection
with the same effect as a State, and no
other. The opposite doctrine is the
worst heresy of thus? who advocated
secession, and cannot be agreed to
without admitting that heresy to be
right.
Invasion, insurrection, rebellion and
domestic violence were anticipated
when the Government was framed,
and tho means of repelling and gup*
pvessin" them were wisely provided
for in the Constitution ; but it was not
thought necessary to declare that the
Stated in which they might occur
should be expelled from the Union.
Rebellions, which ware invariably sup
pressed, occurred prior to that out of
which these questions grow ; but the
“States continued to exist and the
Union retuaiyod unbroken. In Mas
sachusetts, in Pennsylvania, in Rhode
Island and in New York, at different
periods in our History, violent arid
armed opposition to tbe United States
with the Federal Government were
not supposed to be interrupted or
Cjiangcd thereby, after the rebellious
portions of their population # wcro de
feated and put down. It is true that
in these earlier cases there was no for
mal expression, of a determination to
I withdraw from the Union ; but it is al
so true that in jlio Southern States
the ordinances of secession were trea
ted by all the friends of tho Union as
more nullities, and arc now acknow
ledged to be so by tbe States them
selves. If wc admit that they had
any fur.ee or validity, or that they
did in fact take* the'States, in which
I they were | assed, out of the Union,
| wc sweep from Under cur feet all the
I grounds upon which wc stand in jus
tifying the use of Federal force to
maintain the integrity of the Govern
ment.
This is a bill passed by Congress in
time-Of pap!®.
There Unht'in any one of the State#
brought under its operations either
war or insurrection. The laws of the
States and of thg Federal Government
are all in undisturbed and hannoni
ous operation. The courts, State and
Federal, are open, and in the full ex-*
cvcisc of their prftper authority. Over
every' State comprised in these five
military districts, life,, liberty and
property are secured by State laws
and Vedoral laws, tfiul the National
Constitution is everywhere in lorec
arid everywhere obeyed, tv am then,
is the ground on which this bill proi
ceeds ? The title of the bill annouces
that it is intended “ for tbe more ef
ficient "government ” of (boss ten
States. It is recited by way of pre
amble that no legal State governments,
“nor adequate protection for life or
property” exist in those States, and
that peace and good orddr should bu
thus enforced. The first thing which
arrests attention upon these recitals,
which prepare the way for martial
law, is this-—that the only foundation
upon which martial law can exit un
der our form of Government is not
stated or so much as pretended. Ac.
tual war, foreign invasion, domestic
insurrection —none es these appear;
tfltd none of these in fact exist. , It is
not even' recited that any sort of war
or insurrection is threatened. Let us
pause here to consider, upon this
question of congtituionnl law and the
power of Congress, a recent decision
of the Srupeme Court, of she United
States in ex parte Milliwatt,
I will first quote from the opinion
of the majbrity of (lie Court: “ Mar
tial law cannot arise front a threatened
invasion. The necessity must bo ac
tual and present, the invasion real,
such as effectually closes the courts
and deposes the civil administration.”
We see flint martini law conies in only
wAien actual war closes the courts and
deposes the civil authority; hut this
hill, itt time of peace, -makes martial
law operate as though we were in ac
tual war, and become the cause inst nd
of the consequence of the nbroyntiin
of civil authority. One more qnda
tion : “It follows from what has been
said on this subject that there are oc
casions wban nmrtia! law can bo prop
erly applied. *ll in foreigu invasion
or civil war the court* are actually
closed, and it is impossible to admin*
isler ciiuiinal justice according to law,
then, on tho- theatre of active military
operations, where war really prevails,
there is a necessity to furnish a stth
stifute for tho civil authority thus
overthrown, to preserve the safety of
the army ami society ; and as no pow
er is left but the uiil tary, it is allowed
to gyvern bv martial title until the
laws can have their free eignso."
1 now quote from tho opinion of
the "minority of the court, delivered
by t'hiel Justice (’base: “We by
no means assert that Congress can es
tablisli and apply the laws ot war
where uo war has been declared or
exists. Where peace exists, the laws
ofpuaea must prevail." This is stilli
cicntly explicit. Peace exists in all
the territory to which this bill applies.
It asserts a poWer in Congress, in time
of peace, to set aside the laws of
peace and to substitute the laws of
war. 'flic minority, concurring with
the majority, declares that Congress
does not possess that power. Again,
and if move emphatically, the
Chief Jiuticiqgwith remarkable clcar
ne«s and condensation, sums up the (
whole matter as follows.
“ There are under the Constitution
three kinds of military jurisdiction—
one to be exercised both in pqace and
war; another to be exercised in time
of foreign war without the boundaries
of the United States, or in time of re
bellion and civil war within States or
districts occupied by rebels treated as
belligerents; arid a third to be excised
in time of invasion or insurrection
witfiiu the limits of the States main
taining adhesion to the National Gov.
eminent, when the public danger re
quires it exercise. The first of these
may be called jurisdiction under Milv
ttiry Law, and is found in the acts of
Congress prescribing rules and articles
of war, ortherwi.se providing for the
government of the national forces , the
second may he distinguish.:d as Mill .
tary Government, superseding, as far
as may be denied expedient, the focal
law, and exercised by the military com
mander under the direction of the
I’resident, with the express or implied
sanction of Congress; while the third
may be denominated Martial Law
Proper, and is called into action by
Congress, or temporarily, when the
action of Oorfgress cannot bo invited,
and in tho case of justifying or excus
ing peril, by the President, in times
of insurrection or invasion or of civil
or foreign war, within districts or lo
calities where ordinary law no longer
adequately secures public safety and
private, rights.”
It will bfe observed that of the three
kinds of military jurisdiction which
can be exercised or created under our
Constitution, there is but one that can
prevail in time of peace, and that is
tho code df laws enacted by Congress
for the government of the national
forces That body of military law has
no application to the,citizen, nor even
to the citizen soldier enrolled in the
militia in time of peace. But this bill
is not a part of that sort of military
| law, for that applies only to the sol
- dier and not the citizen, whilst contras
{ l-iwise, the military law provided by
! this bill, applies only to the citizen
j and not to the soldier.
I need not say to the Rep rose nta.
| lives of/lie American people that their
; Constitution forbids the exercise of r
judicial power in any way bit one—
that is by the tfrdaincd and established
. courts, it is equally well known Unit
-i» all oriuduttl cases a trial by jury is
; made indispensable by the express
words of that instrument. I will not
| enlarge on the value of the
right thus seaured to every freeman,
or speak of the danger to public libcr
: ty in all parts of the country which
1 must ensue from a denial of it any
where or upon any pretense. Avery
I recent decision of the Supreme <k>urt
! lias traced the history, vindicated the
j dignity, and made known the value of
this great privilege so dearly that no
thing more is needed. To what ex
j tent a violation of it might be cxcu
sed in time of war or public danger
I may admit of discussion, but wc arc
j prevklin:? now for a time of profound
j pci'ce. where there is not an armed
j soldier within our borders cxecept
-! those who are in tho service of the
: Government. It is in such a condi.
j tion of things that an act of Congress
is proposed which if carried out, would
j deny a trial by the lawful courts and
juries to nine millions of American
j citizens, and to their posterity for au
j indefinite period. It seems to be
j scarcely possible that any should seri-
I ously believe this consistent with a
Constitution which declares in simple
i plain, unambiguous language, that all
persons shall have that right, and that
no person shall ever in any case be
deprived of it. Tho Constitution also
forbids the arrest of the citizen, without
judioial warrant, founded on proßable
cause. This bill authorizes au arrest
without warrant, tit the pleasure of a
military commander. 'The Constitu
tion declares that “ no person shall be
held to answer for a capital or other
wise infamous crime, unless on present
ment by a grand jury.”
This bill holds every- person, not a
soldier, answerable for till crimes and
all charges without any presentment..
ThcConstitution declares “ no person
shall be deprived of life, liberty or
property without due process of law.”
This bill sets aside all process of law,
and makes the citizen answerable in
his person and property to the wit! of
one man, and as to his hfo to the will of
two. Finally, tho Constitution de
clares that “tho privilege of tire writ
of hitbcas corpus shall tmt bo suspen.
ded unless when, in ease of rebellion
or invasion, the public safety may re
quire it:” whereas this hill declares
martial law (which of itself suspends
this great writ) in time of peace, and
authorizes the military to nmke tho
arrest, and the prisoner^gives only one
privilege, arid that is a trial “ without
unnecessary delay.” He has no hope
of release from custody, except the
hope, suelt as it is, of release b/ ac
quittal before a military commission.
Tho United States are bound to
guarantee to each State a Republican
form of Government. Can it be pre
tended that this obligation is not pal
pably broken if we carry out a measure
like tliiq which wipes away every ves
timate ol Republican government in
ten States, amljmfs the life, property
liberty and honor of all the people in
each of them under tbe domination
of a single person, clothed with unlimi
ted authority ?
The Pfitiiament of England, exer
cising tin* omnipotent power wie'- it
claimed, was accustomed to piss bills
of attainder; that is to say. it would
convict men of treason and othet crimes
by legislative enactment. The person
accused had a hearing, sometimes a
patient and fair one; but generally
party prejudice prevailed, instead ol
justice. It often became necessary
tor Parliament to acknowledge its er
ror and reverse its own action. The
fathers of our country determined that
no such thing should occur Imre.—
They withheld the power frrm Con
gress, and thus forbade its exerciil by
that body; and they provided in the
.Constitution thgt no State should pass
any bill of attainder. It is, therefore,
impossible for any person in this coun
try to be constitutionally convicted or
punished for any crime by a legisla
tive proceeding 6t any sort Neverthe
less, here is a bill of attainder against
nine millions of people at once. It is
based upon an accusation so vague as
to be true upon no credible evidence.
Not one of the nine millions was heard
in his own defense. The representa
tives of the doomed parties were ex«
eluded from all participation in the
trial. The conviction is to be followed
by the most ignominious punishment
ever inflicted on large masses of men.
It disfranchises them by hundreds of
thousands, and degrades thorn all—
even those who are admitted to be
guiltlers— from tbe rank of freemen to
the condition of slaves.
The pupose and objectof the bill—
the general jnlent which prevudes it
from beginingfo end—is to change the
entire structure and character of the
.State government, and to eompel them
by force to the adoption of organic
laws and regulations which they are
unwilling to accept if left to themselves.
Tho negroes Imve not asked for tie
privilege of voting—the vast majority
of them Rave no idea what it means.
This bill not only thrusts it into their
hands, but compels them, as well as
the whi tea, to use it iu a particular
way. If they do not fqrm a Constitu
; tion with prescribed articles in it, and
j afterwards elect a Legislature which
j will act upon certain measures in a
: prescribed way, neither blacks nor
whites can be relieved from the slave
ry which the bill imposes upon them.
Without pausing hero to consider the
policy or impolicy of Africanizing the
Southern part of our territory, I would
simply ask the attention ot Congress
to that manifest well known and uni
versally acknowledged rule of cotis’i.
tutional law, which declares that the
Federal Government lias no jurisdic
tion, authority or power to regulate
such subjects for any State. To Ibrce
th<? right of suffrage out of the white
people into the hands of the Pegrocs
is an'arbitrary violation of this prinoi
i [de.
Th-b bill impoß s martial law at once
and its operations will begin so soon
j as the •General and his troops can be
| put in any place. Theolreud alterna
j tive between its harsh rule and ifoiw.
pllance with tho terms of this measure
is not suspended, nor are the people
v Horded any time for free deliberation.
The bill says to them, fake martial law
first, then deliberate. And when thej’
have douc all this measure requires
them to do, other conditions and con
tingencies, over which they have no
control, yet scinain to he fulfilled be
fore they can bo relieved from martial
law. Another’Congress must first ap
prove the constitutions made in con
formity with iho will of this Congress
and must declare these States "entitled
to representation in both .Houses. The
whole question /bus remains open and
unsettled, and must again occupy the
attention of Congress, and in the
meantime the agitation which now
prevails will continue to disturb all
portions of the people.
The bill also denies the legality of
the governmenti of ten’of the -States
which participated in the ratification
of the amendment to the Federal Con
stitution abolishing slavery forever
within the jurisdiction of the United
State, atid practically excludes them
from the Union. If this assumption
of the bill be correct, fcheir concur'
rcncc cannot be considered as havitfg
been legally given, and tho important
fact is made to appear that the consent
of three-fourths of thy States—the re
quisite number —has not been eonsti
tutionally obtained to the ratification
of that amendment, thus lcaviug the
question of slaycry wlmre ft stood be
fore the amendment was officially de
clared to have become a part of the
Constitution.
That the measure proposed by this
bill sloes violate the Constitution in the
particulars’mentioned, and in many
other ways which I forbear to entyii
erate, is too clear to admit of the lenSt
doubt. Ib only remains to qonsider
w-lrether the injunctions of that instru
ment ought to be obeyed or not, I
think they ought to be obeyed, for
reasons which I will prpoeed to give
briefly as- possible.
Hi tire first place, it is the only sys
tem of free government which wo can
hope to have as a nation. When it
ceases to oo the rule of your conduct,
wB nfay perhaps take our choice be
tween contplete anarpliy, a consolida
ted-despositiot), and a total dissolution
of the lhtion; but national liberty,
regulated by’law, will have passed be
yond our reach.
It is the best frame of gbvergment
the world ever saw No other is, or
can be so well adapted to the genius,
habits oi wants of the American poo
pie. Combining the strength of a
great empire with the unspeakable
blessing of local self-gOTcrntiiotU—
having a central power to defend the
-enor.il interest and recognizing the
authority of the Spates as tbe guar
dians of idustrUl rights, it is “ the
sheet anchor of our safety abroad and
our peace at home.” It was ordained
“to form a more perfect union, pro
mote the geuenal welfare, provide for
the common defense, and secure the
blessings ot liberty to ourselves and to
our posterity.” These ends Iwve
been attained heretofore, and will be
again, bv faithful obedience to it, but
they are certain to be lost if we treat
with disregard its sacred obi gat ions.
It was to punish the gross crime of de
fying the Constitution, und to vindicate
the supreme authority, that we carried on
a bloody war of four years' duration. Shall
we now acknowledge that we -ncrißeed a
million of lire* and expended billion* of
treasure to enforce a Constitution which
is not worthy of respect and preservation ?
1 hose who advocated the right of seces
sion alleged in their own justification that
we had no regard for law, and that their
rights of property, life and liberty, would
not be sate under the Constitution, n« ad
ministered by us. If we now verify their
assertion, wc prove that they were in truth
•and in fact fighting tor their liberty, anil
instead of branding tla-ir leaders .wit h thi
dishonoring name of traitors against a
righteous and legal government, we ele
vate ihem in history to the rank of self
sacrificing patriots, consecrate theuvto th«r
admiral ion of the world, and place fKeitV
by the side of Washington, Hampden ami
Sydney. No, let us leave them to the i«r
fumy they deserve, punish them as they
should he punished, according to law, and
take upon onrselves bo share of the odium
which they should bpar alone.
is a part of our public history which
can never be forgotten, that both Houses
of Congress, in July, 1861, declared in the
form of a solemn resolution that the war
was and should be ca- l ied on for np
purpose of subjugation, btrt solely to en
force the Constitution and laws ; and that
when this was yielded by the parties in
rebettkfo, the contest should cease, with
the constitutional rights of the Slates and
of individuals unimpaired. This resolu
tion was adopted and sent forth to tho
world unanimously by the Senate, and
with only two dis’scnting voices in the
House. It was accepted by the friends of
the Union in the South, as well as in the
North, ns expressing honestly and truly
the object of the war. On the faith of it,
many thousands of persons in both sec
tions gave their lives and their fortunes
to itic cause. To repiidnte it now by re
fusing to the Slates and the individuals
within them the rights which the Consti
tution and laws of the Union would secure
to them, is a breach of our plighted honor,
for which I can imagine no excuse, and to
which I cannot voluntarily become a party.
The evils which spring from the unset
tled state of our Government will be ac
knowledged by all. Commercial inter
course is impeded, capital is in constant
peril, public securities fluctuate in value,-
peace itself is not secure, and the sense of
moral and political duly is impaired. To
avert these calamities from our country,
it is Imperatively demanded Hint we should
j immediately decide upon some course of
\ administration which can be steadfastly
I inlhercd to. 1 aui thoroughly convinced
j that any settlement or compromise, or pWii
j of action which is inconsistent with tho
- principles of the Constitution will not only
be unavailing, but mischievous , : that it
j will but-multiply the present evils, instead
! of removing them. Tho Constitution, in
j it» whole integrity and vigor, throughout
; the length and breadth of the land, is the
j best of all compromises. Besides, ouV
duty docs not, in aiy judgment, leave us a
choice between iliat and any other. I be
lieve Unit it contains the remedy that is
so much needed, and that if the co-ordin
ate branches of the Government would
unite upon its provision-*, they wfonld b-f
tound broad enough and strong enough to
sustain iu time of peace the nation which
they bore safely through the ordeal of a
j protracted civil war. Among the moit
! sacred guaranties of that instrument arv
j those which declare that “ each State shaft 1
j have at least one Representative,” and that 1
j “no State, without its consent, shall be
j deprived of its equal suffrage in the Sen
ate.” Each House is made the “judge of
the elections, returns and qualifications of
its own members, and may, “ with tliccon
! currenue of two-thirds, expel a member.”
Thus, as heretofore wrged, “in the ad-'
j mission of Senators and Representatives
from any and all of the States, there can
be mo just ground of apprehension tluH
person.? who are tKAxyivl will be elothrd
w iili the powers of legislation; for tins
could not happen when the Constitution
aud the laws are enforced by a vigilant?
and faithful Congress.’' “When a Senator
| or RepresEntaHive presents his certificate
of election, lie may at once be ndmitted or
i.rrjeeted ; or, should there be any question
\ as to liis eligibility, bis credentials may bw
i referred for investigation) to the appropri-
I ate committee. If admitted to a scat, it
j must be upon evidence satisfactory to the
House of which he thus "becomes a mem
ber, that lie possesses the requisite consti
tniimml and legal qunlill'oAtions. If re
-1 fused admission its a member for wnnt of
| due allegiance to the Government, and re-*
turned to his constituents, they are ad.
' monished that none hut persons loyal to
the United States will be allowed a voice
in the Legislative Councils qf the Nation,
and the political ami moral intliw
once of Congress are finis effectively ex’-'
j erted in the interests of loyalty to the Ga
j verinneot and fidelity to the Union.” And
I is it not far hotter that the work of resto
ration should be accomplished by si tap he
compliance with tbe plain requirements of
the Constitution, than by a recourse to
measures which in effect destroy the State*
and threaten the subversion of the General
j Government ? All that is necessary t*
| settle this simple but important question,
without further agitation or delay, is a
willingness on the part of all to sustain
| the Constitution and carry its proviajonif
ini* practical operation. If to-morrow
i either branch of Congrc a would declare!
- ihat, upon the presentation of their ere
; dcntials, members constitutionally elected
J and loyal to the General Government would
I be admitted to seats in Congress, while all
j others would be excluded -and their place
1 remain vacant until the selection by tho
people of loyal and qualified persons ; and
■ if. at the same time, assurance was given
that Ibis policy would be continued until
all Gie States were represented in Congress,
it would send a thrill of joy throughout
| tho entire land, as indicating the iuaugu (
1 ration of the system which must speedily
j bring tranquility u> the public mirtd.
While wo are legislating upon subjects
which are of grral importance to the whole
people, and which must atl'cot all parts of
' the country, not only during the life of tbe
prevent generation. Xmt for nges to-come,
we should remember thvl all men are en
titled at least to a hearing in the councils
wldch decide upon the destiny of them
selves and thoir children. At present ten
■ States arc denied representation, and when
the Fortieth Congress assembles on the 4th
-lay of the present month, sixteen States
will be without a voice in the House of
Representatives. This grave fact, with
the important question before us, should
in luce us to pause ill a course of legisla
tion which, looking solely to the attain
ment of political ends, tails to consider the
right it transgresses, the law which it vio
lates, or the institutions which it imperils.
andrew Johnson.
Washington, Marclk -, 1807.
Proceeding* of Council.
The following action took place in Coun
cil at its meeting on the 11th inat.. in ad
dition to what has been already published :
The amendments to the License Ordi
nance were read a second and third tin*
and passed, ae follows :
•■The fee assessed nn each Insurance
Agent, within the Town, per annum, irre
spective of the number of Companies be
-may represent, slatll be twenty-five dol
lars. ”
This to be ridded to Seetiots ff :—“AH
persons who have taken out License to sell
spirituous liquors, sisuM be permitted So
sell the mercantile notlle of fir* te the
gallon as quart bottles, when the bottles
remain a« imported and eon tain the liquor
imported in rhem,”