Historical Newspapers of South Carolina

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The President's Veto Message. To the House of Representatives : I have examined the bill t:to provide for the more.efficient government of the rebel States" with the care and anxiety Which its transcendent importance is cal? culated to awaken. I am unable to give it my assent for reasons so grave that I hopo a statement of them may have some influenco on the minds of the patriotic and enlightened men with whom the de? cision 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 reason upon which the measure is based, and the ground upon which it is justified. It de? clares that there exists in those States no legal governments, and no adequate pro? tection for life or property, and asserts the necessity of enforcing peace and good order1 within their limits. Is this true as matter of fact 1! It is not denied that the States in ques? tion have each of them an actual Govern? ment, with all the powers, executive, judicial and legislative, which properly belong to a free State. They are organ? ized like the other States of the Union, arid, like them, they make, administer and execute the laws which concern their domestic affairs. An existing de facto Government, exercising such functions as these, is itself the law of the State upon all matters within its jurisdiction. To pronounce the supreme law-making pow? er of an established State illogal,rs to say that the law itself is unlawful. The provisions which these Govera* ments have made for the preservation of order, the suppression of crime, and the redress of private injuries, are, in sub? stance and principle, the same as those which prevail in the Northern States, and in other civilized countries. They cer? tainly have not succeeded in preventing the commission of all crirao, nor has this been accomplished anywhere in the world. There, as well as elsowhero, 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 de? moralizing influences of civil war, and the rancorous passions which the contest has engendered. But that these people are maintaining local Governments for themselves, which habitually defeat the objoct of all government, and render their own lives and property insecure, is in it? self utterly improbable, and the averment of the hill to that effect is not supported by any evidence which has come to my knowledge All the information I have on the subject convinces me that the .masses of the Southern people, and thoso who control their public acts, while they entertain diverse opinions on questions of Federal policy, are completely united in the offort to reorganize their society on the basis of peace, and to rcstoro their mutual prosperity as rapidly and as com* pietely as their circumstances will per? mit. The Mlf, however, would seem to show upon its face that the establishment of peace and good order is not its real objoct. The fifth section declares that the prece? ding sections shall cease to operate in any State where certain events shall have happened. Thcso events arc?first, the selection of delegates to a State Conven? tion, by an election at which negroes sh.ill be allowed to vote. Second, the forma? tion of a State Constitution by tho con? ventions so chosen. Third, the insertion into the State Constitution of a provision which will secure the right of voting at all elections to negroes, and to such white men as may not be disfranchised for rebel? lion or felony. Fourth, tho submission of the Constitution for- ratification to ne? groes and white men not disfranchised, and its actual ratification by their vote. Fifth, tho submission of the State Consti? tution to Congress for examination and approval, and the actual approval of it by that body. Sixth, tho adoption of a certain amendment to tho Federal Con? stitution by a vote of tho Legislature elected under the new Constitution. Sovcnth, the adoption of said amendment by a sufficient number of other States to make it a part of tho Constitution of the United States. All thcso conditions must ho fulfilled before tho people of any of these States can bo relioved from the bondage of military domination; but when they arc fulfilled, then immediately the pains and penalties of the bill aro to ' cease, no matter whether thero be peace and order or not,' and without any refer? ence to the security of life or property. The excuso given for the bill in tho pre? amble is admitted by tho bill itself not to be real. The military rule, which it establishes is plainly to bo used?not for any purpose of ordor or for tho preven? tion of crime?but solely as a means of eoercing tho people into tho adoption of principles and measures to which it is known they arc opposed, and upon which they have an undeniable right to exercise their own judgment. I submit Congress whether this moasuro is not, in its whole character, scope and object, without precedent and without authority, in palpablo conflict with the plainest provisions of the Con? stitution, and utterly destructive to those great principles of liberty and humanity for which our ancestors on both sides of tho Atlantic have shed so much b ood, and expended so much treasure Tho ten States named in tho bill aro divided into fivo districts. For each dis? trict, an officer of the army, not below the rauk of brigadier-general, is to bo ap? pointed to rulo over the people, and he is to bo supported with an efficient military f?rco to enable him to perform his duties and enforco his authority. Those duties and that authority, as defined by the third section of tlie bill, aro to "protect all persons in their rights of person and property, to suppress insurrection, disor? der and violence, and to punish or cause to bo punished all disturbers of tho pub? lic peace, or criminals." The power thus given to the commanding officer over all the people of each district is that of an absolute monarch. His mcro will is to take tho place of all law. The law of the States is now the only rule applicablo to tho 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. IIo alone is permitted to determine what aro rights of person or property, and he may protect them in such way as in his discre? tion may seem proper. It places at his free disposal all the lands and goods in Iiis district, and he may distribute them with? out let or hindrance to whom he pleases. Being bound by no State law, and' there being no other law to regulate the sub? ject, he may make a criminal code of his own ; and he can make it as bloody as any recorded in history, or ho can re? serve the privilege of acting upon the impulse of. his private passions in each case that arises. He is bound by no rule of evidence; there is, indeed, no provision by which he is authorized or required to take any evidence at all. Everything is a crimc'whieh he chooses to call so, and all persons arc condemned whom he pro? nounces to be guilty, lie is not bound to keep any record, or make an}- report of his proceedings. He may arrest his vic? tims wherever he finds them, "without warrant, accusation or proof of probable cause. If be gives them a trial before he inflicts the punishment, he gives it of his grace and mercy, not becauso he is com? manded so to do. To a casual reader of the bill, it might seem that some kind of trial was secured by it to persons accused of crime; but such is not the case. The officer "may allow local civil tribunals to try offen? ders." but, of course, this does not require that he shall do so. If any State or Fed? eral court presumes to exercise its legal jurisdiction by tho trial of a malefactor without his special permission, he can break it up, and punish the judges and jurors as being themselves malefactors. He can save his friends from justice, 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 b>i used only ,;whcn, in his judgment, it may be necessary for the trial of offenders." Even if the sen? tence of a commission were made a pre? requisite to tho punishment of a party, it would be scarcely the slightest check upon tho officer, who has authority 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 miti? gating the harshness of his single rule, such a tribunal would be used much more probably to divide tho responsility of making it more cruel and unjust. Several provisions, dictated by the hu? manity of Congress, have been inserted in the bill, apparently to restrain the power of the commanding officer; but it secmfi to me that they arc of no avail for that purpose. The fourth section pro? vides?First. That trials shall not be un? necessarily delayed; but I think I have shown that the power is given to punish without trial, and, if so, this provision is practically inoperative. Second. Cruel or unusual punishment is not to be inflic? ted ; but who is to decide what is cruel and what is unusual? The words have acquired a legal meaning by long uso in the courts. Can it be expected that mili? tary 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 each officer may define cruelty according to his own temper, and if it is not usual, ho will make it usual. Corporeal punish? ment, imprisonment, the gag, the ball and chain, and the almost insupportable forms e? torture invented for military punish? ment, lie Avithin the range of choice. Third. The sentence of a commission is not to he executed without being approv? ed by the commander, if it affects life or liberty; and a sentence of death must be approved by the President. This applies to cases in which there has been a trial and sentence. I take it to be clear, un? der this bill, that the military commander may condemn to death without even the form of a trial by a military commission, so that tlie life of the condemned may de? pend upon the will of two men instead of ono. It is plain that the authority here giv? en to the military officer amounts to ab? solute despotism. JBut, to make it still moro unendurable, the bill provides that it may be delegated to as many subordi? nates 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 in England for more than five hundred years. In all that time, no people who spaak the Eng? lish langugo have borne such servitude. It reduces the whole population of the ten States?all persons, of every color, sex and condition, and every stranger within their limits?to tho most abject and degrading slavery. Ko master ever had a control so absolute over his slaves as this hill gives to tho military officers over both white and colored persons. It may bo answered to this that the officers of the army aro too magnani? mous, just and humane to oppress and tramplo upon a subjugated people. I do not doubt that array officers aro as well entitled to this kind of confidence as any other class of men. 13ut the history of tho world has been written in vain, if it docs not teach us that unrestrained au? thority can never bo safely entrusted in human hands. It is almost sure to be more or lcs? abused under any circum? stances, and it has always resulted in gross tyranny where the rulers who ex? ercise it arc strangers of their subjects, and come among them as the representa? tives of a distant power, and more espe? cially when the power that sends them is unfriendly. Governments closely resem? bling that here proposed have been fairly tried in Hungary and Poland, and the suffering endured by those people roused the sympathies of tho entire world. It was tried in Ireland, and, though temper? ed at first by principles of English law, it gave birth to cruelties so atrocious that they are never recounted without just in? dignation. The Fronen. Convention armed its deputies with this power, and sent them to the Southern departments of the republic. Tho massacres, murders and other atrocities which they commit? ted show what the passions of the ablest men in the most civilized society will tempt them to do when wholly? unre? strained by law. The men ol- our race in every age have struggled to tic up the hands of their Governments and keep them within the law; because their own experiences of all mankind taught them that rulers could not be relied on to con? cede those rights which they wore not legally bound to respect. Tho head of a great empire has sometimes governed iu with a mild and paternal sway; but the kindness of an irresponsible deputy nev? er yields what the law does not extort from him. Between such a master and the people subject to his domination there can be nothing but enmity; he punishes them if they can resist his authority, and if they submit to it, he hates them for their servility. I come now io a question which is, if possible, still more impc'tant. Have wc the power to establish and carry into ex? ecution a measure like this? I answer, certainly not, if wc derive our authority from the Constitution, and if wc are bound by the limitations which it impo? ses. This proposition is perfectly clear that no branch of the Federal Govern? ment, executive, legislative or judicial, can have any just powers, except those which it derives through and exercises under the organic law of the Union. Outside of the Constitution, wc have no legal authority more than private citizens, and within it wc have only so much as that instrument gives us. This broad principle limits all aur functions, and ap? plies to all subjects. It protects not only the citizens of States which arc within the Union, but it shields every human being-who comes or is brought under our jurisdiction. Wc have no right to do in one place more than in another that which the Constitution says wo shall not do at all. If, therefore, the Southern States were in truth out of the Union, we could not treat their people in a way which the fundamental law forbids. Some pcrsor ; assume that the success of our arms in crushing the opposition which was made in somo of the States to tho execution of tho Federal laws, re? duced those States and all their people? the innocent as well aa the guilty?to the condition of vassalage, and gave us a power over them which the Constitution does not bestow, or defino, or limit. No fallacy can be more transparent than this. Our victories subjected the insurgents to legal obedience, not to the yoke of an ar? bitrary despotism. "When an absolute sovereign reduces his rebellious subjects, ?he may deal with them according, to his pleasure, because he had that power be? fore But when a limited monarch puts down an insurrection, ho must still govern according to law. If an insurrection should take placo in one of our States against 4ho authority of the State Gov? ernment, and end in the overthrow of those who planned it, would that take away tho rights of all the people of the counties Avhcrc it was favored by apart or a majority of the population ? Could they, for such a reason, he wholly out? lawed and deprived of their, representa? tion in the Legislature? I have always contended that the Government of the United States was sovereign within its constitutional sphere; that it executed its laws, like the States themselves, by ap? plying its coercive power directly to in? dividuals ; and that it could put down insurrection with tho same effect as a State, and no other. The opposite doc? trine is the worst heresy of those who ad? vocated secession, and cannot be agreed to without admitting that heresy to be right. Invasion, insurrection, rebellion and domestic violence were anticipated when tho Government Was framed* and the means of repelling and suppressing them wcro wisely provided for in the Constitu? tion; but it was not thought necessary to declare that the States in which they might occur should be expelled from the Uniom llebcllions, which were invaria? bly suppressed, occurred prior to that out of which these questions grow; but the States continued to exist and the Union remained unbroken. In Massa? chusetts, in Pennsylvania, in lthodo Is1 land and in New York, at different peri? ods in our history, violent and armed op? position to the United States was carried on; but the relations of those States with tho Federal Government were not sup? posed to bo interrupted or changed there? by, after tho 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 determina? tion to withdraw from the Union, but it is also true that in the Southern Slates 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. It wc admit that they had any force or validity, or that the}7 did in fact take the States in which they wcro passed out of the Union, we sweep from under our feet all the grou nds upon which we stand in justify? ing the use of Federal force to maintain the integrity of the Government. This is a biff passed by Congress in time of peace There is not in any of the States brought under its operation cither war or insurrection. The laws of the States and of the Federal Government are all in undisturbed and harmonious opera? tion. ' Tho courts, State and Federal, are open, and in tho full exercise of their proper authority. Over every State com? prised in these five military districts, life, liberty and property are secured by Slate laws and Federal laws, and the National Constitution is everywhere in force and everywhero obeyed. What, then, is the ground on which this bill proceeds? The title of the bill announces that it is in-1 tended "for the more efficient government" of these ten States. It is recited by way of preamble that no legal State Govern? ments, "nor adequate protection for life or property," exist in those States, and that pcaco and good order should be thus en? forced. Tho first thing which arrests at? tention upon these recitals, which prepare tho way for martial law, is this: that the onTy foundation upon which martial law can exist under our form of government is not stated, or so much as pretended.? Actual war, foreign invasion, domestic insurrection?none of these appear; and none of these, in fact, exist. It is not even recited that any sort of Avar or in? surrection is threatened. Let us pause here to consider, upon this question ol constitutional law and the power of Con? gress, a recent decision ot the Supreme Court of the United States in a:parte Milligan. I will first quote from the opinion of the majority of tho Court: ?'Martial law cannot arise from a threat? ened invasion. The necessity must bo ac? tual and present, the invasion real, such as effectually closes the courts and deposes the civil administration." Wo see that martial law comes in only when actual war closes the courts and deposes tho civil authority; but this bill, in time ol' peace, makes martial Jaw operate as though we were in actual war, and- be? come the cause, instead of the consequence, of the abrogation of civil authority. One more quotation : "It follows, from What has been said on this subject, that there arc occasions when martial law can be properly applied. If, in foreign invasion or civil war, the courts arc actually closed, and it is impossible to administer criminal justice according to law, then on the thea? tre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrow, to preserve the safety of the army and society, and as no power is left but the military, it is allowed to gov? ern 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 and apply the laws of war where no war has been dc: clared or exists. \VJiro peace exists, the laws of peace must prevail." This is suffi? ciently explicit. Peace exists in all the territory to which this bill applies. It as? serts a power in Congress, in time of peace, to set aside the laws of .peace and substitute the laws of war. The minority, concurring with the majority, declares that Congress docs not possess that power.? Again, and, if possible, more emphatically, the Chief Justice, with remarkable clear? ness 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 peace and war; another to be exercised in time of foreign war without the boundaries of the United States, 01' in time of rebellion arid civil war within States or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or in? surrection within the limits of the United States, ordnring rebellion 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 Laxe and is found in Acts of Con? gress proscribing rules and articles of war, or otherwise providing for the govern? ment of the national forces; the second may be distinguished as Military Govern? ment, superseding, as far as may be deem? ed expedient, the local law, and exercised by the military commander under the di? rection of the President, with the express or implied sanction of Congress; while the third may be denominated Marital Law Proper, and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or inva? sion, or of civil or foreign war, within dis? tricts 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 ean be exercised or created under our Constitu? tion, there is but one th'at can prevail in time of peace, and that is the cone of laws enacted by Congress for the government of the national forces. Thai 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. l>ut this bill is not a palt of that sort of military law, for that applies only to the soldier, ami not to the citizen, whilst, contrariwise, the military law provided by this bill applies only to the citizen, and not to tlie soldier. I need not say to the representatives of the American people that their] Constitu? tion forbids the exercise oi judicial power in any way but one?that is by the or? dained and established courts. It is equally well known that, in all criminal eases, a trial by jury is made indispensable'by the express words of that instrument. 1 will not enlarge on the inestimable ralno of the right thus secured to every freeman, or speak of the danger of public liberty, in all parts of the country, which must ensue from a denial of it anywhere or upon any pretence* A very recent decision of the Supreme Court has traced the history, vindicated the dignity, and made known the value of this great privilege so clearly, that nothing (norc is need'Hl To what extent a violation of it might be excused in time ol war or public danger, may ad? mit of discussion, but we aro providing now for a time of profound peace, where there is not an armed soldier within our borders, except those who are in the ser? vice of the Government; It is in such a condition of things that an Act of Con? gress is proposed, which, it carried out, would deny a trial by the lawful courts^ and juries to nine millions of American citizens, and (o their posterity for au in? definite period. It seems to be scarcely possible that any one should seriously be? lieve this oonsistcnt with a Constitution which declares, in simple, plain and unam? biguous language, 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 ol' tho citizen without judicial warrant, founded 1 on probable cause. This bill authorizes an arrest without warrant, at the pleasure of a military commander; The Constitu? tion declares that "no person shall be held to answer for a capital or otherwise infa? mous crime, unless on presentment by a grand jury." This bill holds every person, not a soldier, answerable for all crimes ami' all charges without any presentment. The Constitution declares that "no person shall be'deprived of life, liberty or property without ttue process of law." This biil sets aside alt process of law', and makes the citizen answerable in his person and property to the will of one nian, 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 sus? pended unless when, in case of rebellion or invasion, the public safety may require it;" whereas' this bill declares martial law (which of itself suspends the;great writ) in time of peace, and authorizes the military to make the arrest, and gives to the pris? oner only one privilege, and that is a trial "without unnecessary 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 United States are bound to guaran? tee to each State a Republican foinvof 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 Republican Government in ten States, aud puts the life, property, liberty and honor of all the people in each of them under the domina? tion of a single person clothed with un? limited authority. The Parliament of England, exercising the omnipotent power which it claimed, was accustomed to pass bills of attainder; that is to say, it would convict men of treason and other crimes by legislative enactment. The person ac? cused had a hearing) sometimes a patient and fair one, hut generally party prejudice prevailed instead of Justice. It often be? came necessary for Parliament to acknowl? edge its error and reverse its own action. The fathers of our country determined that no such tiling should occur here. They withheld the power from Congress, and thus forbade its exercise by that body; and they provided in the Constitution that no State should pass any bill of attainder. It is, therefore impossible for any person in this country to be constitutionally con? victed or punished for any crime by a leg? islative proceeding of any sort. Never? theless, here is a bill of attainder against nine millions of people at once. It is based upon an accusation so vague as to be scarcely intelligible, and found to be true upon no creditable evidence; Not one ol the nine millions was heard in his own de? fence. The representatives of the doomed parties were excluded from all participa? tion iu the trial. The conviction is to be followed by tiie most ignominious punish? ment ever inflicted on large masses of men. It disfranchises them by hundreds of thou? sands, and degrades them all?-even those who arc admitted to be guiltless?from the rank of freemen to the condition of slaves. The purpose and object of the bill?the general intent which pervades it from be? ginning to end?is to change the entire structure and character of the State Gov? ernments, and'lo compel them by force to the adoption of organic laws and regu? lations which they are unwilling to accept if left to themselves. .The negroes have 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 afterwards elect a Legislature which will act upon certain 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 con? sider the policy or impolicy of Alrieaniz ing the Southern part of our territory, J. would simply ask the attention of Con? gress to that manifest, well-known and universally acknowledged rule of constitu? tional law, which declares that the Fed? eral Government has no jurisdiction, authority or power to regulate such sub? jects for any Slate. To enforce the right of suffrage out of the hands of the white people and into the hands of the negroes is an arbitrary violation of this principle. The 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 alternative between its Marsh rule and compliance with the terms of this measure is not suspended, nor arc the peo? ple afforded any time for free deliberation. The bill says to them, take martial law first, then deliberate. And when they have done all that this measure requires them to do, other conditions and contin? gencies, over which they have no control, yet remain to be fulfilled before they can be relieved from martial law. Another Congress must first approve the constitu? tions made in conformity with the will of this Congress, and must declare these Stales entitled to representation in both Houses. The whole 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 portion? of the people. The bill also denies the legality cf the Governments of ten of the-States which participated iu the ratification of the amendment to the Federal Constitution abolishing slavery forever within the ju? risdiction of the LTnited States, and prac? tically excludes them from the l/nioii. If this assumption of the bill be correct, their concurrence cannot be considered as hav? ing been legally given, and the important fact is made to appear that the consent of three-fourths of the Stales?the requisite number?has not been constitutionally obtained to the ratification of that amend? ment, thus leaving the question 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 violate the Constitution in the par? ticulars mentioned, and in many other ways which J forbear to enumerate, is too clear to admit of the least doubt. It only remains to consider whether the injunc tions ol that instrument ought to be obeyed or not. I think they ought to be obeyed, for reasons which I will proceed to give as briefly as possible. Iu the first place, it is the only system of free government which we can hope to have as a natior. When it ceases to he the rule ot our awulnet, we may, perhaps, take our choice between complete anarchy, a consolidated despotism and a total dissolu? tion ot the Union; but national liberty, regulated by law, will have passed beyond our reach. It is the best frame of government the world oversaw. 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 unspeak? able blessings of local self-government? having a central power to defend the gen? eral interests, and recognizing the authori? ty of the States as the guardians of indus? trial rights, it is "the sheet-anchor of our safety abroad and our peace at home." It was ordained "to form a more perfect union, establish' justice, insure domestic inuiquility, promote the general welfare, provide lor the common defence^ and se curro tins blessings of liberty :o ourselves and to our posterity." These great ends have been attained heretofore, ami will be again, by faithful obedience to it, but they are certain to be lost if we treat with dis? regard its sacred obligations. It was to punish the gross crime of de? fying the Constitution, and to .?indicateits supreme authority, that we carried on a bloody war of four years'duration. Shall -we now aokuowledge that we sacrificed a million ot lives and expended billions of treasure to enforce a Constitution which is not worthy of respect and preservation. Those who advocated the right of seces? sion alleged iu their own justification that we had no regard fur law, aud that their rights of property, life and liberty would not be safe under the" Constitu? tion as administered by us. It we now vcrrify their assertion, we prove that they were in truth and in fact fighting for their liberty, aud instead of^ branding their leaders with the dishonoring name of trai? tors against a righteous and legal govern? ment, 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 Washington, Hampdcn and Sidney. No, let us leave them to the infamy they deserve, punish 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 forgotton, that both Houses of Congress, in July, 1SG1. declared in the form of a solemn resolution that the war was and should be carried on for no pur? pose of subjugation, but solely to enforce the Constitution and laws; and that when this was yielded by the parties in rebellion* the contest should cease, with the constitu1 tional rights of the States and of individ? uals unimpaired. This resolution was adopted and sent forth to the world unan? imously by "che 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 thou? sands 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 tlie Union would secure to them, is a breach of our plighted honor, for which I can imagine no excuse, and to which I cani not voluntarily become aparty. * The evils which spring from the unset? tled state of our Government will be ack? nowledged by all. Commercial intercourse is impeded, capital is in constant, peril, pub? lic securities fluctuate in value, peace it? self is not secure, and the sense of moral and political duty is impaired. To avert these calamities from our country it is im? peratively required that we should imme? diately decide upon b'ome course of admin? istration which can be steadfastly adhered to. I am thoroughly convinced that any settlement, or compromise, or plan of ac? tion which is inconsistent with the princi? ples of the- Constitution wili not be una? vailing, but mischievous; that it will but multiply the present evils instead of re? moving them. The Constitution, in its whole integrity and vigor, throughout the length and breadth of tlie land, is the best of all compromises. Desides, our duty docs not, in my judgment, leavens 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 upon its provisions, they would be found, broad enough to sustain in time of peace the nation which they bore saiely through the ordeal of a protracted civil war.? Among the most sacred guarantees ofthat instrument are those which declare that "each State shall have at least one Rep? resentative,1'and that "no Slate, "without its consent, slnrll l;e derived of its equal suflragc in the Senate." Each House is made the "judge of the elections, returns, and qualifications' of its own members," and may, "with the concurrence' of ItVd thirds, expel a member." Thus, as here? tofore urged, "in the admission of Sena- , tors and Representatives from any and all of the States, there can bo no just ground of apprehension that persons who are dis? loyal will be clothed with the powers Of legislation; for this could not happen when the Constitution and the laws are enforced by a vigilant and faithful Congress."? "When a Senator or Representative pre? sents his certificate of election,- he may at once be admitted or rejected ; or, should there be any question as to his eligibility^ his credentials may be referred for inves? tigation to the appropriate committee.? If admitted to a seat, it must be upon evidence satisfactory to the Iiou>c of which he thus becomes a member, that he pos? sessors the requisite constitutional and le? gal qualifications. If refused admission as a member for want of due allegiance to the Government, aud returned to his constituents, they aro admonished that none but persons loyal to the United States will be allowed a voice' in the Legislative Councils of the Nation, and the political power and moral influence' ot Congress are thus effectively exerted in the interests of loyalty to the Govern? ment and fidelity to the Union. And is ?it not far better that the'work of restora? tion 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 of the Gene? ral Government ? All that is necessary to settle this simple but important question,, without further agitation or delay- is a willingness on the part of all to sustain the Constitution arid carry its provision into practical operation. If to-morrow either branch of Congress would declare' that, upon the presentation of their cre? dentials, members constitutionally elected and loyal to the General Government would he admitted to seats in Congress-,* while all others would be excluded and their places remain vacant nnifi the selec? tion by the people of loyal and qualified persons; and if, at the same time, assur? ance were given that this policy would be continued until all the Stales were repre? sented in Congress, it would send a thrill of joy throughout the entire land, as indi? cating the inauguration of a system which must speedily bring tranquility to the pub? lic mind. While we arc legislating upon subjects which arc of great importance to the whole people and which must affect all parts of' the country, not only during the life of the present generation, but lor ages to come, we should remember that airmen are en? titled at least to a hearing in tho councils which decide upon the destiny of them? selves and their children. At present ten' States are denied representation, and when the Fortieth Congress assembles on the fourth day of the present month, sixteen' States will be without a voice in the House of Representatives. This grave fact, with the important questions before us, shouli induce us to pause in a course of legisla? tion which, looking solely to the attain? ment ot political vjuls fails to consider the rights it trausgrcss<?h, tlic law which it vi? olates, or the institution ?iii(.h it fo,?.^; ANDREW J"v>i|\s<j\