Southern enterprise. (Thomasville, Ga.) 1867-1867, March 15, 1867, Image 2

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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,”