Newspapers / The Charlotte Democrat (Charlotte, … / March 12, 1867, edition 1 / Page 2
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THE WESTERS 'DEMOCRAT, CHARLOTTE, 35',. C. PRESIDENT'S MESSAGE rt;.. nm .niUUJ J Art tn Provide cr Ae More Efficient Government of the Kebcl States." To the House of Representatives : I have examined the bill "to provide for the more efficient government of the rebel btates with the care and acxiety which its transcen dent importance? is calculated to awaken. 1 am unable to give it mj assent for reasons eo grave, that I hope a statement of them may have some influence oo the minds of the patriotic and en lightened men with whom the decision must ultimately rest. The bill places all the people of the ten States therein named under the absolute domination of military rulers: and the preamble undertakes to give the reasons upon which the measure is ; based, and the ground upon wnicn n is jusiinea. It declares that there exists in those States no legal governments, and no adequate protection for life or property, and asserts the necessity of enforcing peace and good order within the:r limits. Is this true as matter of fact? It is not denied that the States in question have each of them an actual government, with all the powers, executive, judicial and legisla tive, which properly belong to a free State. They are organized like other Slates of the Union, and, like them, they make, adminUter and execute the laws which concern their do mestic affairs. An existing de facto govern ment, exercisiog such iuoctions as these, is it self 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 itself is unlawful. The provisions which these Governments have made for the preservation of order, the suppression of crime, and the redress of private injuries, are in substance and principle the same s those that prevail in the Northern States and in other civilized countries. They certainly have not succeeded in preventing the commis sion of all crime, nor has this been accomplished anywhere in the world. There, as well as else where, offenders sometimes escape for want of vigorous prosecution, and occasionally, perhaps, by the inefficiency of courts or the prejudice of jurors. It is undoubtedly true 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 has engendered. liut that these people are maintaining local Governments for themselves which habitually defeat the object of all government and render their own lives and property iosccurc, is in itself utterly im probable, and the aveitmcnt of the bill to that effect i uot supported by any evidence which has come to my knowledge. All the informa tion I have on the subject convinces me that the masses of the Southern people and those who control their public acts, while they enter tain diverse opinions on questions of Federal policy, are completely united in the effort to re-organize their society on the basis of peacj, and to restore their mutual prosperity as rapid ly and as completely as their circumstances will permit. The bill, however, would seem to show upon its face that the establishment of peace ml good order is not its real object. The fifth sec tion declares that the preceding sections shall cease to operate ia any State when certain events shall have happened. These events are . First, the selection of delegates to a State Convention by an election at which negroes shall be allowed to vote. Second, the forma tion of a State Constitution by the Convention so chosen. Third, the insertion into the State Constitution of a provision which will secure the right of voting at all electioua to negroes, and to sueh white men as may not be disfran chised for rebellion or felony. Fourth, the sub mission of the Constitution for ratification to negroes and white men not disfranchised, and its actual ratification by their vote. Fifth, the submission of the State Constitution to Congress for examination and approval, and the actual approval of it by that body. Sixth, the adop tion of a certain amendment to the Federal Constitution by a vote of the Legislature elected under the new Constitution. Seventh, the adoption of said amendment by a sufficient number of other States to make it a part of the Constitution of the United States. All these conditions must be fulfilled before the peoplo of any of these States can be relieved from the bondage of military domination; but when they are fuelled, 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 reference to the security of life or property. The excuse given for the bill in the preamble is admitted by the bill itself not to be real. The military rule which it establishes u plainly to be used not for any purpose of or der or for the prevention of crime, but solely as a means of coercing tha people into the adop tiou of principles and measures, 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 couflict with the plainest provisions of the Constitution, and utterly destructive of those great principles of liberty and humanity for which our aucestors on both sides of the At lantic have shed so much blood and expended o much treasure. The ten States named in the bill are divided into five districts. For each district an officer of the army, net below the rank of Brigadier General, is to be appointed to rule over the peo ple; and he is to be supported with an efficient military force to enable him to perform his du ties and enforce his authority. Those duties and that authority, as defined by the third sec tion of the bill, are, "to protect al! persons in their rights of person and property, to suppress insurrection, disorder and violence, and to pun ish or cause ta be punished all disturbers of the public peace or crimiuals." The power thus given to the commanding officer over all the people of each district is that of an absolute monarch. His mere will is to take the place of 11 law. The law of the States is now the only rule applicable to the subjects placed under his control, and that is completely displaced by the clause which declares all interference of State authority to be null and' void. He alone is per mitted to determine what are rights of persons 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 to his district, and he may distribute them with out let or hindrance to whom he pleases. Be ing bound by no State law, and there being no other law to regulate the subject, he may make a criminal code of his own; and be can make it as bloody as any recorded id history, or he can reserve the privilege of acting upon the impulse of his private passions in each case that arises. Ht ! bound bj no rules of evidence; there is indeed no provision by which be is authorized or required to take any evidence at all. Every- i thing is a crime wnicn ne c nooses 10 can so, iuu all persons are condemned whom he pronounces to be guilty. He is not bound to keep any re cord, or make any report of his proceedings. H mav arrest his victims wherever he finds them without warrant, accusation or proof of probable cause. If he gives them a trial before he inflicts the punishment, he gives it of his ( grace and mercy, not because be is commanded j so to do. I To a casual reader of the bill, it might seem that some kind of trial was secured by it to per sons accused of crime; but such is not the case. The officer "may allow local civil tribunals to try offenders," but of coarse this does not re quire that he shall do so. If any State or Fed eral Court presumes to exercise its legal juris diction by the trial of a malefactor without his special permission, he can break it up, and pun ish the judges and jurors as being themselves malefactors. He can save his friends from jus tice, and despoil his enemies contrary to justice. It is also provided that "he shall have power to organize military commissions or tribunals; but this power he is not commanded to exercise. It is merely permissive and is to be used only 'when in his judgment it may be necessary for the trial of offenders. Even if the sentence of a commission were made a prerequisite to the punishment of a party, it would be scarcely the slightest check upon the orncer, woo nas au thority to organize it as he pleases, prescribe its mode of proceeding, appoint its members from among his own subordinates, and revise all its decisions. Instead of mitigating the harshness of his single rule, such a tribunal would be used much more probably to divide the responsibility of making it more cruel and unjust. Several provisions, dictated by the humanity of Congress, have been inserted in the bill, ap parently to restrain the power of the command ing officer; but it seems to me that they are of no avail for that purpose. The fourth section provides: 1st, That trials shall not be unne cessarily delayed; but I think I have shown that the power is given to punish without trial, and if so, this provision is practically inopera tive. 2d, Cruel or unusual punishment is not to be inflicted; but who is to decide what is cruel and what is unusual? The words have acquired a legal meaning by long use in the courts. Can it be expected mat military om cers will understand or follow a rule expressed in language so purely technical, and not per taining in the least degree to their profession? If not, then each officer may define cruelty ac cording to his own temper, and if it is not usual he will make it usual. Corporeal punishment, imprisonment, the gag, the ball and chain, and the almost insupportable forms of torture in vented for military punishment, lio within the ranse of choice. 3d, The sentence of a com mission is not to be executed without being ap proved by the commander, if it affects life or liberty; and a sentence of death must be ap proved by the President. 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 the form of a trial by a military commission, so that the life of the condemned may depend upon the will of two men, instead of one. It is plain that the authority here given to the military officer amounts to absolute despo tism. But to make it still more unendurable the bill provides that it may be delegated to as many subordinates as he chooses to appoint; for it declares that he shall "punish or cause to bo punished." Such a power has not been wielded by any monarch iu England for more than five hundred years. In all that time, no people who speak the English language have borne such servitude. It reduces the whole popula tion of the ten States all persons, cf every color, sex and condition, and every stranger within their limits to the most abject and de grading slavery. No master ever had a control so absolute over his slaves 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 two inaguanimous, just, and humane to oppress and trample upon a subjugaLed people. I do not doubt that army officers are as well entitled to this kind of confidence as any other class of men. But the history of the world has been written in vain, if it does not teach us that unrestraining authority can never be safely trusted in human hands. It is almost sure to be more or less abused under any circumstances, and it has always resulted in gross tyranny where the rulers who exercise it are strangers to their subjects, and come among them as the represen tatives of a distant power, aud more especially when the power that sends them is unfriendly. Governments closely resembling that here pro posed have been fairly tried in Hungary and Poland, and the suffering endured by those peo ple roused the sympathies of the entire world. It was tried in Ireland, and, though tempered at first by principles of English law, it gave birth to cruelties so atrocious that they are never re counted without just indignation. The French Convention armed its deputies with this power, and sent them to the Southern departments of the liepublic The massacres, murders, and other atrocities which they committed, show what the passions of the ablest men in the most civilized society will tempt them to do, when wholly unre strained by law. Hie men of our race in every age have strug gled to tie up the hands of their Governments and keep them within the law; because their own experience of all mankind taught them that rulers could not be relied ou to concede those rights which they were nt legally bound to respect. The heaJ of a great empire has some times governed it with a mild aud paternal sway; but the kindness of an irresponsible deputy never yields what the law does not extort from him. Between such a master and the people subjected to his domination, there can lj nothing but en mity ; he punishes them if they resist his au thority, and, if they submit to it, he hates them for their servility. I come now to a question which is, if possible, still more important. Have we the power to establish and carry into execution a meas ure like this? I answer, certainly not, if we derive our authority from the Constitution, and if we are bound by the limitations which it im poses. This proposition is perfectly clear that no branch of the Federal Government, executive, legislative, or judicial, can have any just powers, except thos which it derives through and exer cises under the organic law of the Union. Out side of the Constitution, we have no legal au thority more than private citizens, and within it we have only no much as that instrument gives us. This broad principle limits all our functions, and applies to all subjects. It protects not only the citizens of States which are within the Union but it shields every human being who comes or ia brought under our jurisdiction. We have no right t do in one place, mors than in another, 1 that which the Constitution says we shall not do j at all. If therefore, the Southern States were in , truth out of the Union, we could nof treat their j people in a way which the fundamental law for-1' bids. Some persons assume that the success of our arms in crushing the opposition which was made in some of the States to the execution of the : Federal lawsj reduced those States and all their j people the innocent as well as the guilty to ; the condition of vassalage, and gave us a power : over them which the Constitution does not bestow, or define, or limit. No fallacy can be more ; transparent than this. Our victories subjected j the insurgents to legal obedience, not to the yoke j of an arbitrary despotism. When an absolute J sovereign reduces his rebellious subjects he may 1 deal with them according to his pleasure, because he had that power before. But when a limited rronarch puis down an insurrection, he must still govern according to law. If an insurrection should take place in one of our States against the authority of the State government, and end in the overthrow of those who planned it, would i miit lane awaj me rig ins ui Hit tuc jjeupie Ol Hie counties where it was favored by a part or a majority of the population ! Could they, for such a reason, be wholly outlawed and deprived of their representation in the Legislature ? I have always contended that the Government of the United States was sovereign within its con stitutional sphere; that it executed its laws, like the States themselves, by applying 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 those who advocated secession, and Cannot be agreed to without admitting that heresy to be right. m Invasion, insurrection, rebellion, and domestic violence were anticipated when the Government was framed, and the means of repelling and sup pressing them were wisely provided for in the Constitution; but it was not thought necessary to declare that the States in which they might occur should be expelled from the Union". Rebellions, which weie invariably suppressed, occurred prior to that out of which these questions grow; but the States continued to exist and the Union re mained unbroken. In Massachusetts, in Penn sylvania, in Rhode Island, and in New York, at different periods in our history, violent and armed opposition to the United States was carried on; but the relations of those States with the Federal Government were not supposed to be interrupted or changed thereby, after the rebellious portions of their population were defeated and put down. It is true that in these earlier cases there was no formal expression of a determination to withdraw from the Union, but it is also true that in the Southern States the ordinances of secession were treated by all the friends of the Union as mere nullities, and are now acknowledged to be so by the States themselves. If we admit that they had any force or validity, or that they did in fact take the States, in which they were passed, out of the Union, we sweep from under our feet all the grounds upon which we stand in justifying the use of Federal force to maintain the integrity of the Government. This is a bill passed by Congress in time of peace, lhere is not in any one of the btates brought under its operation either war or in surrection. The laws of the States and of the Federal Government are all in undisturbed and harmonious operation. The courts, State and Federal, are open, and in the full exercise of their proper authority. Over every State comprised in these five military districts, life liberty and prop erty are secured by State laws and Federal laws, and the National Constitution is everywhere in force and everywhere obeyed. What, then, is the ground on which this bill proceeds ? The title of the bill announces that it is intended "for the more efficient government" of these ten States. It is recited by way of preamble that no legal State Governments, "nor adequate protection for life or property," exist in those States, and that peace and good order should be thus enforced. l he first thing which arrests attentiou upon these recitals, which prepare the way for martial law, is this that the only foundation upon which martial law can exist under our form of Government is not stated or so much as preten ded. Actual war, foreign invasion, domestic in surrection none of these appear; and none of these jn 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 constitutional law and the power of Congress, a recent decision of the Supreme Court of the United States in ex parte Mil ligan. I will first quote from the opinion of the major ity of the Court : "Martial law cannot arise from a threatened invasion. The necessity must be actual and present, the invasion real, such as effectually closes the courts and deposes the civil administration." We see that, martial law comes in only when actual war closes the courts and deposes the civil authority: but this bill, in time of peace, makes martial law operate as though we were in actual war, and become the cause instead of the consequence of the abroga tion of civil authority. One more quotation : "It follows, from what has been said on this subject, that there are occasions when martial law can be properly applied. If, in foreign invasion or civil war. the courts are actually closed, and it is im possible to administer criminal justice according to. law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil au thority, thus overthrown; to preserve the safety of the army and society, and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course." I now quote from the opinion of the minority of the Court, delivered by Chief Justice Chase : "We by no means assert that Congress can establish aud apply the laws of war where no war has been declared or exists. Where peace exists, the laws of peace must prevail." This is sufficiently ex plicit. 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. The minority, concurring with the majority, declares that Con gress &es not possess that power. Again, and, if possible, more emphatically, the Chief Justice, with remarkable clearness and condensation sums up the whole matter as follows : 'There are, under the Constitution, three kinds of military jurisdiction one to be exercised both ia peace and war; another to be exercised in time of foreign war without the boundaries of the Uni ted States, or in time of rebellion and civil war within States or districts occupied by rebels treated as belligerents'; and a third to be exercied in time of invasion or insurrection within the limits of the States maintaining adhesion to the National Government, when the public danger requires its exercise. The first of these may be called jurisdiction under Military Law, and is founded in acts of Congress prescribing rules and articles of war, or otherwise, providing for the government of the national forces; the second may be distinguished as Military Government, superseding, as far as may be deemed expedient, the local law, and exercised by the military eom mander under the direction of the President, 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 Con resa be invited, and in the case of justifying or ex- ! cosing peril by the President, in times of insur- ! rectin or ; invasion, or of civil or foreign war. within districts or localities where ordinary law no longer adequately secures public safety and private rights.' It will be 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 the code of laws enacted by Congress for the govern ment of the national forces. That body of mili tary 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 soldier and not to the citizen, whilst, contrari wise, the military law provided by this bill applies only to the citizen and not to the soldier. I need not say to the Representatives of the American people that their -Constitution forbids the exercise of judicial power in any way but one that is by the ordained and established courts. It is equally well known that in all criminal cases a trial by jury is made indispensable by the ex pressed words of that instrument. I will not en large on the inestimable value of the right thus secured to every freeman, or speak of the danger to public liberty in all parts of tho country wbich must ensue from a denial of it anywhere or upon any pretense. A very recent decision of the Supreme Court has traced the history, vindicated the dignity, aud made known the value of this great privilege so clearly that nothing more ia needed. To what extent a violation of it might be excused iu time of war or public danger may admit of discussion, but we are providing now for a timf of profound peace, where there is not an armed soldier withiu our borders except those who are in the service of the government. It is iu such a condition of things that an act of Con gress is proposed which, if carried out, would deny a trial by the lawful courts and juries to nine millions of American citizens, and to their posterity for an indefinite period. It seems to be scarcely possible that any one should seriously believe this consistent with a Constitution which declares in simple, plain and unambiguous lan guage, that all persons shall have that right, and that no person shall ever in any case be deprived of it. The Constitution also forbids the arrest of the citizen without judicial warrant, founded ou probable cause. This bill authorizes an arrest without warrant, at the pleasure of a military commander. The Constitution declares that "no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment by a grand jury." This bill holds every person, not a soldier, answerable for all crimes and all charges without any presentment. The Consti tution declares that "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 will of one man, and as to his life to the will of two. Finally, the Constitution declares that ''the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it;" whereas this bill declares mar tial law (which of itself suspends this great writ) in time of peace, and authorizes the military to make the arrest, and gives to tho prisoner only one privilege, and that is a trial "without unnec essary delay." He has no hope of release from custody, except the hope, such as it is, of release by acquittal before a military commission. The Uuited States are bound to guarantee to each State a republican form of government. Can it be pretended that this obligation is not palpably broken if we carry out a measure like this, which wipes away every vestige of republi can government in ten States and puts the life, property, liberty and honor of all the people in each of them under the domination of a single person clothed with unlimited authority ? The Parliament of England, exercising the omni potent power wbich it claimed, was accustomed to pass bills of attainder; that ia to say, it would con vict men of treason and other crimes by legislative enactment. The person accused had a hearing, sometimes a patient and fair one; but generally party prejudice prevailed instead of justice. It often became necessary for Parliament to acknowledge its error and reverse its own action. The fathers of our country determined that no such thing should occur here. They withheld the power from Con gress, and thus forbade its exercise by that body; and they provided in the Constitution that no State should pass any bill of attainder.. It is, therefore, impossible for any person in this country to be un constitutionally convicted or punished for any crime by a legislative proceeding of any sort. Neverthe less, here is a bill of attainder against nine millions of people at once. It is based upon an accusatiou so vague as to be scarcely intelligible, and found to be true upon no credible 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 convic tion is to be followed by the most ignominious pun ishment ever inflicted on large masses of men. It disfranchises them by hundreds of thousands, and degrades them all even those who are admitted to be guiltless from the rank of freemen to the con dition of slaves. The purpo-e and object of the bill the general intent which pervades it from beginning to end is to change the entire structure and character of the State governments, and to compel them by force to I the adoption of organic laws and regulations which they are unwilling to accept it left to themselves. The negro hare 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 compels them as well as the whites, to use it in a particular way. If they do not form a constitution with prescribed articles in it, and after wards elect a Legislature which will act upon cer tain measures in a prescribed way, neither blacks nor whites can be relieved from the slavery which the bill imposes upon them. Without pausing here to consider the policy or impolicy of Africanizing the Southern part of our territory, I would simply ask the attention of Congress to that manifest, well known and universally acknowledged rule of con stitutional law, which declares that the Federal government has no jurisdiction, authority or power to regulate such subjects for any State. To force the right of suffrage out of the bands of the white people and into the hands of the negroes is an arbi trary 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 alterna tive between its harsh rule and compliance with the terms of this measure is not suspended, nor are the people afforded any time for free deliberation. The bill fays to them, Uke martial law first, then delib erate. And when they have done all that this mea sure requires them to do, other conditions and con tingencies, over which they have no control, yet remain to be fulfilled before they can be relieved from martial law. Another Congress must first ap prove the Constitutions made in conformity with the will of (bis Congress, and must declare tkese States entitled to representation in both Houses. The wbole question thus remains open and unsettled, and must again occupy the attention of Congress, and in the meantime the agitation which now pre vails will continue to disturb all portions of the people. The bill al.o denies the legality of the governments often of the States which participated in ibe ratifi cation of the amendment to the Federal Constitution abolishing slavery forever within the jurisdiction of the United btates, and practically excludes them from the Union. If this assumption of the bill be correct, their concurrence cannot be considered as having been legally given, and the important fact is made to appear that the consent of three-fourths of the States the requiiite number has not been constitutionally obtained to the ratification of that amendment, thus leaving the questicn of slavery where it stood before the amendment was officially declared to have become a part of the constitution. That the measure proposed by this bill does vio late the constitntion in the particulars mentioned and in many other ways wbich I forbear to enumer ate, is too clear to admit of the least doubt. It only remains to consider whether the injunctions of that instrument ought to be obeyed or not. I think tbey onght to be obeyed, for reasons which I will proceed te jive as briefly at possible. Ia the first place, it is the only system of free government wbich we can hope to have as a nation. When it ceases to be the role of our conduct, we may perhaps take our choice between complete anarchy, a consolidated despotism, and a total dis solution of the Union; but national liberty, regulated by law, will have passed beyond our reach. It is the best frame of government the world ever saw. No other is, or can be so well adapted to the genius, habits or wants of the American people. Combining the strength of a great empire with unspeakable blessings of local self-government-having a central power to defend the general inter ests, and recognizing the authority of the State as the guardians of industrial rights, is "the sheet anchor of our safety abroad and our peace at home. It was ordained "to form a more perfect onion, es tablish justice, insure domestic tranquility, promote the general welfare, provide for the common de fense, and secure the blessings of liberty to ourselves and to our posterity." These great ends have been attained heretofore, and will be again, by faithful obedience to it, but they are certain to be lost if we treat with disregard its several obligations. It was to punish the gross crime of defying the constitution, and to vindicate its snpreme authority, that we carried on a bloody war of four years' dura tion. Shall we now acknowledge that we sacrificed a million of lives and expended billions of treasure to enforce a constitution wTiich is not worthy of re spect and preservation ? Those who advocated the right of secession al leged in their own justification that we had no regard for law, and that their rights of property, life and liberty wonld not be safe under the constitution, as administered by ns. If we now verify their as sertion, we prove that they were in truth and in fact fighting for their liberty, and instead of brand ing their leaders with the dishonoring name of traitors against a righteous ana legal- government, we elevate them in history to the rank of self-sacrificing patriots, consecrate them to the admiration ! of the world, and place them by the side of Wash ington, Hampden and Sydney. No let us leave them ' to the infamy they deserve, punish them as they should be punished, according to law, and take upon ourselves no share of the odium which they should bear alone. It 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 carried on for no purpose of subjugation, but solely to enforce the constitution and laws; and that when this was yield ed by the parties in rebellion, the contest should cease, with the constitutional rights of the States and of individuals unimpaired. This resolution was adopted and sent forth to the world unanimously by the Senate and with only two dissenting voices in the House. It was accepted by the friends of the Union in the South, as well as in the North, as ex pressing honestly and truly the object of the war. On the faith of it, many thousands of persons in both sections gave their lives and their fortunes to the cause. To repudiate it now by refusing to the States and to the individuals within them the rights which the constitution 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 can not voluntarily become a party. The evils which spring from the unsettled state of our Government will be acknowledged by all. Commercial intercourse is impeded, capital is in constant peril, public securities fluctuate in value, peace itself is not secure, and the sense of moral and political duty is impaired. To avert these calamities from our country, it is imperatively re quired that we should immediately decide upon some course of administration which can be steadfastly adhered to. I am thoroughly convinced that any settlement, or compromise, or plan of action which is inconsistent with the principles ofthe constitntion will not only be unavailing, but mischievons; that it will but multiply the present evils instead of re moving them. The constitution in its whole integ rity and vigor, throughout the length and breadth of the land, is the best of all compromises. Be sides, our duty does not, in my judgment, leave us a choice between that and any other. I believe that it contains the remedy that is so much needed, and that if the co-ordinate branches of the Government would unite npon its provisions they would be found broad enough and strong enough to sustain in time of peace the nation which they bore safely through the ordeal of a protracted civil war. Among the most sacred guarantees of that instrument are those which deelare that "each State shall have at least one Representative," and that "no State, without its consent, shall be deprived of its equal suffrage in the Senate." Each Hotwe is made the 'judge of the elections, returns, and qualifications of its own members," and may, "with the concurrence of two thirds, expel a member." Thus, as heretofore urged, "in the admission of Senators and Representatives from any and all of the States, there can be no just ground of apprehension that persons who are dis loyal will be clothed with the powers of legislation; for this conld not happen when the constitution and the laws are enforced by a vigilant and faithful Con gress." "When a Senator or Representative pre sents his certificate of election, he may at once be admitted or rejected; or, sbonld there be any ques tion as to his eligibility, his credentials may be re ferred for investigation to the appropriate commit tee. If admitted to a seat, it mast be nponvidence satisfactory to the House of which he thus becomes a member, that he possesses the requisite constitu tional and legal qualifications. If refused admis sion as a member for want of due allegiance to the Government, and returned to his constituents, they are admonished that none but persons loyal to the United States will be allowed a voice in the Legis lative Cour.cils op the Nation, and the political power and moral influence of Congress are thus effectively exerted in the interests of loyalty to the Government and fidelity to the Union." And i. it not far better that the work of restoration should be accomplished by simple compliance with the plain requirements of the constitution, than by a recourse to measures which in effect destroy the States and threaten the subversion sf the general Government? All that is necessary to settle this simple but important ques tion, without further agitation or delay, is a will ingness on the part of all to sustain the constitution and carry its provisions into practical operation. If to morrow either branch of Congress would declare that, upon the presentation of their credentials, members con stitutionally elected and loyal to the General Government, would be admitted to seats in Congress, while alt others would be excluded and their places remain vacant until the selection by the people of loyal and qualified persons; and if, at the same lime, assurance was given that this policy would be continued until all the States were repre sented in Congress, it would send a thrill of joy through out the entire land, as indicating the inauguration ot a system wbich must speedily bring tranquility to the public mind. While we are legislating upon subjects which are of great importance to the whole people, and which must affect all parts of the countiy, not only during the life of the present generation, but for sees to come, we should remember that all men are entitled at least to a hearing in the council which decide upon the destiny of themselves and their children. At present ten Sisres are denied rep resentation, and when the Fortieth Congress assembles on the fourth day oi the present month, sixteen States will be without a voice in the House of Representatives. This crave fact, with the important questions before us, should induce ns to pause in a course of legislation which, look ing solely to the attainment of political ends, fails to con eider the rights it transgresses, the law which it violates. I or the institution which it imperils. Washington, March 2, 1867. Notwithstanding the objections of the President, j the Bill passed the Senate by 38 to 10 and the House by 135 to 48. It ia, therefore, a law of the land PICT U K E S fP I CTU RE S I ! The undersigned, Photographic Artist of Balti more, Md., begs leave to Inform the public ia gen eral, that he has opened a No. I Ambrotype, Daguer otype and Photograph Gallery, over Mr. J. Uarty's Store, next door to the court hoose. Parties de siring neat, well executed and true Pictures will do well to give him a call. Copies taken from the smallest picture into large life-size Portraits. Prices reasonable. HENRY" BAUMGARTEN. Feb 18, 1867 tf Just Received, 500 Bushels white bcead Corn, 500 " prime Seed Oats, 500 Lbs Durham's Smoking Tobaceo, 100 Bunches Cotton Yarn, 25 Boxes Adamantine Candles, 3 Barrels Molasses, Bacon Sides, Hams and Lard ; a new lot of that su perior Coffee; saperior gunpowder and Imperial Tea. Send for your supplies to Feb 25, 1S7 JT. BCTD', IMPORTANT TO FARMERS. A Liberal Offer. We keep on hand a large supply of Fertilimi such as Peruvian and Pacific Guano, Raw.Ron. Phosphate and Super-Phosphate of Lime, and GrV sum which we offer to Farmers on reasonahil terms. We will supply responsible parties for one-haif cash, and wait for the balance until the crop it made- W e also keep a large auppy f Bacon, Cora an Seed Oats, at wholesale. nx. , . t, . J- Y- BRYCB k CO. Charlotte, Feb. 25, 1867. if CITY TAXES. All persons res'ding in the City of Charlotte, oi owning taxable property, or doing business thereia on the first day of February, 1867, are ber.by aoti fied to make return of their taxable property, polli merchandize or other subjects made taxable by tha city, on or before the last day of March, l6T Parties failing to make returns within the tiaia specified will be liable to double tax. Returns wi'l be received at the First National Bank of Charlotte up to the last day of March, 1867, between the hours of 10 a. m. and 5 p. m. Tn03. W. DKWRY, March 4, 1867 4t City Clerk. Bacon and Corn. U R) db(ftdb LB?. BACON (Middling,, tad JUL Hj Hl'HV Lr a large quantity of Cora and Flour, for sale by Hammond k Mclaughlin. March 4, 18C7. SPUING IMPORTATION, 1867, Ribbons, Millinery and Straw Goods. armstroig7catok & CO., Importers and Jobbers of RIBBONS, BONNET SILKS and SATINS, BLONDS, Netts, Crapes, Velvets, Ruches, Flowers, Feathers, STRAW BONNETS AND LADIES' BATS, Trimmed and Untrirnmed, SHAKER HOODS, &o. 237 and 239 Baltimore Street, IJALTIJIORC, 3ID.. Offer the largest Stock to be found in this Coaitry and unequalled in choice variety and cheapDeit. Orders solicited and prompt attention giro. March 4, 1867. 100 BUSUAEp,foCOEN F0RSU1 R. L. PATTERSON k CO., Patterson P. O., Caldwell county, N. 0. March 4th, 1867. lmpd 30 Sacks of Family Flour, 400 Bushels of Spring OATS, 100 CORN, For sale by HUTCHISON, BURROUGHS' A CO. Feb 25, 1867. Lime, Corn, &c. Thomastown Lime, Corn and Flour, for fait at the lowest price at the Charlotte k 8. C. Railroad Depot. Feb 25, 1867. W. W. PEG RAM. 20,000 Pounds Iron. Iron of the best quality, from the King's Moun tain Iron Works. I keep all kinds of Iron for farm, ing purposes and for Gold Mining. S. B. MEACIIAM, Agent. Just Received, 5000 Bacon Sides, 20 Dbls. Superior Irish Potatoes, 2 Tierces New Rice, S. C, 50 Bags No. 1 Family Flour, 100 Bushels of Bolted Meal, 200 Bags Seed Oats, for Spring, 500, Choice Hams, New, 100 Sacks Liverpool Salt, 500 Sides Superior Sole Leather, 20 Boxes Cheese. Feb 25, 18U7. S. B. MEACHAM. HIDES FOR SALK. SO E2S2S for .Da?eYb",DES " Feb 25, 1867. S. M. HOWELL. AUCTIONEER and AGENT. S A. STUART respectfully informs the citiirnl of Charlotte and the public generally that be will give his personal attention to Auction Sales and the settlement of Accounts, or any business of that kind that may require bis services. He will vitit the country when desired and act ai Auctioneer, or attend to any business in the city as an Agent. He can be found at the Corner Drug Store 'of Dr. McAden, or at the residence of Mr Babe. At my Plantation, 8 miles from Charlotte, on tha Salisbury road, Coffins of all kinds may be obtained at short notice. A good supply is always kept oa hand ready-trade. Feb 25, 1867. S. A. STUART. State of If. Cu rollna, Mecklenburg Co. Court of Vitas J- Quarter Sett ion$ Jan' y Term, U67. Wittkowsky k Rintells vs. Charles Beckham. Attachment Levied on 2 boxes Goods, 1 bale of Bag ging, 1 Cheese, 5 barrels of Flour, 1 barrel of Crackers and 2 bales of Cotton. It appearing to the satisfaction of the court, thai the defendant, Charles Beckham, resides bryood the limits of this State, it is ordered by the court that publication be made, for six weeks, in the Western Democrat, notifying the said defendant to be and appear at the next Court of Pleas and Quarter Set sions to be held for the county of Mecklenburg, at the court house iu Charlotte, on the 2d Monday in April next, then and there to answer, plead or replevy , or judgment final will be taken against bio, a.id the properly levied npon condemned to plain tifT a use. Witness, Wm. Maxwell, Clerk of our said Court at office, the 2d Monday ia January, A. D, 1867. 56-6t WM. MAXWELL, Clerk. Slitlc of IV. Carolina, Mecklenburg Court of Pleat $ Quarter Settiont Jun'y Term, 18t. Thomas M Kerns and Jane Wallace, Administrators of William Wallace, deceased, vs. James Wallace and others. Petition to Sell Real Estate. It appearing to the satisfaction of the court, that Wm J Kelougb and wife Mary, one of tbe defendant in this case, reside beyond the limits of this Stata, it is therefore ordered by tbe court that publicatioa be made, for six successive weeks, ia tbe Western Democrat, a newspaper printed in tbe city of Char, lotte, notifying said W J Keloogh and wife Mary to be and appear at the next Court of Pleas and Quarter Sessions to be held for tbe county of Mecklenburg, at the court house ia Charlotte, oo tbe 2d Monday in April next, then and there to plead, answer or demur to tbe petition? or judgment, pro confciso, will be taken and beard exparte as to them. Witness, Wm Maxwell, Clerk of our said Court al office, tbe 2d Monday of Jannary, A. D., 18b7. 66-61 WM. MAXWELL, Clerk. Static of If. Carolina, RIecklenbarf Court of Ilea s $ Quarter Sessions Jan'y Term, 1961. James T Kell vs. B A Cnlp. Two Attachments Levied on 1 Horse and 1 Male It appearing to tbe satisfaction of tbe court, the defendant, B A Culp, resides beyond tbe iifflj' of this State, it is ordered bv tbe court tbt P"bl" cation be made, for six weeks, in tbe Western D ocrat, notifying tbe said defendant to be and ppr at tbe next Court of Pleaa and Quarter Ses"n 10 be held for tbe county of Mecklenburg, at lbs conrl hoose in Charlotte, on the 2d Monday in April next, then and there to answer, plead or replevy, or jodf xnent final will be taken against him, and tbe pro perty levied upon condemned to plaintiff's nse. Witness, Wm. Maxwell, Clerk of oar said Court s office, the 2d Monday in January, A. D., I86J. If-f.l WM. MaXTTELL, 5k. o
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 12, 1867, edition 1
2
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