,5 7S / 1 1 ^ / / % THE SPIRIT OF MADISON TO TEAD. STEVENS & 00., GREETING Beloved: My mission is to remind you of many things upon whicb depend the future peace an I .prosperity of our beloveii country, and which you appear to have forgotten. The great principle which induced resistance to England's despotic rule 3'ou have forgotten ; and many things equally important and indispensable to the maintenance of our Federal relations and the perpetuity of the blessings of Representa- tive Republican Liberty you have forgotten. You have forgotten that we have a Constitution, and tlie buvim;/ obligations of your solemn oaths to protect and defend that sacred instrument ; you have forgotten that the Government, which you in part claim to represent, is a crea- ture of compact, and can only le^^itimately exercise the powers dele- gated for the purpose ol 'promoiinij justice, inswring domestic tran- quillity, and tlie coninion defence; for promoting the general vjelfare and securing the hUssings of liberty to ourselves and our posterity. You have forgotten your own antecedents, and that the most prominent and radical of your party — yourselves inclusive — have clamorously advo- cated the constitutional right of secession — a doctrine which you now hypocritica.lhi affect to condemn and repudiate as treason to that Constitu- tion. You have forgotten that secession was begotten, nurtured, and matured under the fostering care of your New England fathers. You have forgotten that there was ever a Hartford Convention, and the trea- sonable object and policy of that Convention. You have forgotten that a constitutional law of Congress, recently enacted for the purpose of enforcing constitutional rights and guarantees, was virtually nullified. by New England laws (imposing heavy penalties and long and pain- ful imprisonments upon officers and private citizens aiding in its exe- cution) for no better reason than it encountered the crude notions of New England philanthropy. You have forgotten that you were the master-spirits — most active and busy — in promulgating the dangerous heresy that it was criminal to aid in the execution of a constitutional law which did violence to your tender consciences, and was in conflict with your notions of philanthro'py . The tender consciences of Radical Abolitionists! The phdanthropy of Congressional Radicals ! As the counterpart, I propo.^e the divinity of the Devil and the tender mercies of his Satanic Majesty. You will pardon this digression ; and if the decency and dignity of the devil has been unintentionally compro- mised by putting him in the category of Stevens <^ Co., I beg to be excused. Althougli in a land of spirits, I have neither been an inat- tentive or disinterested spectator to your doings. Your hypocritical professions and affected philanthropy ; your cry for general emanci- pation and universal enfranchisement, don't deceive me ; for I know that your Plymouth progenitors were affected devotees -at the shrine of Liberty — religious and civil ; and worshipped with a holy zeal, which could only find satiety in a monopoly of the favors of the Goddess of their idolatry — undivided and unrestricted liberty /or Puri- tans — but no participation in its enjoyment with any who did not unconditionally admit the infallibility of their dogmas and their divine right to regulate and control the actions and consciences of others. You know the history of their tyranny and persecutions ; and I know that you (their descendants) have inherited all the diaboli- cal vindictiveness of the monsters who civilized by chains and dungeons, and Christianized with fire and faggot. The data furnished by New England history abundantly proves that nothing short of absolute rule and monopoly can satisfy the demands of New England cupidity. Ava- rice is the master passion in New England, and sways and controls the affections and energies of the diminutive creatures who impiously claim the prerogative of directing and controlling the destiny of this great Nation. A few years ago New England traders and adventu- rers, under the auspices of companies and large capitalists, swarmed the coasts of Africa. What were they doing there ? Cruelly sever- ing the ties which bound husband and wife, parent and child, and friend and friend together ! Kuthlessly tearing from a beloved coun- try, which yielded spontaneously in exuberant abundance all that was necessary for the comfort and support of man, its innocent inhabit- ants, and transporting them more than 10,000 miles to a land of strangers, where they were forced to encounter a slavery more intolera- ble than death, and a degradation deeper, darker than perdition, and blacker than despair. From the most reliable data, it is estimated that at least one-third or one-half of these harmless victims of New England cupidity perished in t\\Q foetid dungeons and holes in which they were packed for transporta- tion. Is it not miraculous that any survived ? This was New England justice ! This was New England humanity ! and this the spirit of philanthropy which animated the degenerate souls of your New Eng- land fathers. What demon spirit, let me ask, governs, controls, and directs the degenerate offspring of that degenerate paternity ? We hare Scriptural evidence that devils enjoy the immunity of possessing the souls and controlling the desires, affections, and actions of their chosen ones.. Give me leave to say that in you I identify all the odious, malignant, and diabolical characteristics of your fathers so vividly, that I am almost induced to conclude that the transmission or transmi- gration of souls is no visionary theory ; and that the infernal spirits of your wicked progenitors are your instructors, allies, and advisers, and the authors of the wicked devices and expedients designed to consign to .slavery, misery, and degradation, the most enlightened and chivalrotls people that have existed in the tide of time. Ah ! but tbey are rebels 1 aud so were your puritanical fathers, with not the tithe 8 of their justification. Now, suffer me to remind you that the fathers of the. p'ojile who you now persecute laere the chamjnons and lieroes of the Revolution ; and that it was theii' armies, commanded by their generals, that led to Victory and to Freedom. Success crowned their efforts and sanctified their deeds ! The memorials of their patriotic sacrifices and services are immortal; and their names and deeds will be honored and sung as long as a human soul exists qualified to appreciate the blessings of Republican Freedom. Now, in my judgment, it is not just or right to approve or condemn, simply with reference to the suc- cess or failure of an adventure or undertaking : for success does not in- fallibly crown the patriotic efforts of the virtuous and the good; nor do the vicious always fail in the execution of their wicked purposes. The leaders and authors of an unsuccessful rebellion may have been the champions of a cause inseparably identified with the liberty, pros- perity, and future glory of their country. The causes which initiate and im})el rebellion are often pregnant with all that patriotism holds dear or that philanthropy should cherish. We should look, then, to the motive and provocation, and not to the adventitious circumstance of failure or success for justification or condemnation. Now, pursu- ing th 3 rule, permit me to contrast the provocation to our revolution with the causes and provocations which induced the late disastrous Southern rebellion. The provocation to our revolution was compara- tively a mere abstraction ; for the tax proposed to be levied upon tea was not onerous, and could not have sensibly affected the pecuniary interest of any one ; yet an attempt to establish the principle is uni- versally conceded to have justified the rebellion; and the culmination of that rebellion into a successful revolution has transmitted, covered with glory, the names of the illustrious heroes who participated in the glorious struggle. If the principles which formed the basis of the revolution were right then, they are right now ; and whether they were right or wrong, in no degree depended upon the failure or success of the rebellion. If taxation without representation was usurpation and tyranny then, it would be equally so now, and should imperatively demand the stern resistance of every lover of liberty in this and all civilized countries upon the globe. Now let us look into the causes and provocation to the late rebellion. I think it will be conceded that they do not consist of mere abstractions, but of usurpations, impositions, and exac- tions, unjust, oppressive, and grinding. Now, I assume that South- ern resistance to the onerous impositions of tariffs, enacted for the benefit and protection of New England manufactures, has since furnished the motive to New England opposition to every measure, policy, and institution in any way identified with the interest and prosperity of the South. So long as the South bore submissively and quietly the impositions and exactions of New England, there was neither dissonance to jar or asperity to divide ; but they were per- mitted to revolve undisturbed in the orbits allotted them by the Con- stitution, and to enjoy, without molestation or hindrance, the benefit of all Constitutional guarantees for the protection of their peculiar institutions. The South submitted quietly to the high duties imposed by the tariff of 1824, under the benign and fostering influence of which New England manufactories had multiplied and flourished to an extent far transcendmg the most extravagant anticipations of the most sanguine. This did not satisfy an avaricious craving which might seek satiety in yam in absolute monopoly. Next followed the tariff of 1828~the woollens bill, or (as it has been justly aud appropriately denominated) the Bill of Abominations ; and then the not less odious and onerous tariff of 1832. These to- gether broke the camel's back. The State of South Carolina resisted and nullified ; a compromise ensued, by the terms of which the tariff was to be gradi al y reduced until the maximum would not exceed twenty per cei t. This was designed a tariff' purely for revenue. Now the New England battery opened. The tender consciencies of New England philanthropists were suddenly illuminated, and the abom- inations and evils of Southern slavery, in all its hideous and appalling deformity, was suddenly revealed to their painfully excited imagina- tions ; aud wanting a pretext to attack and abolish the monster, they found it in the fictitious aud rediculous assumption that they were re- sponsible for its existence. Acting upon this silly hypothesis, they imprudently and impiously assumed that they were the chosen and commissioned agents of the Deity to extirpate and abolish the curse from the land. Societies {having for their object the aholitionof Soutlicrn slavery) were speedily organized and ramified throughout the New Ensfland States. Their emissaries and deluded tools were sent over the entire South to scatter, broadcast, incendiary newspapers, pamphlets, and periodicals, while their fanatical and hypocritical preachers and political demagogues were engaged in sowing the seed of discord throughout the land. They proclaimed everywhere that slavery must and should be abolished, regardless of the Constitutional guarantees for its security and protection; that there was a higher law than the Constitution; and that there was an irrepressible conflict between free labor and slave labor, and that it was impossible that they should co-exist. Here, then, was a regularh' organized crusade against South- ern slavery, having for its object the abolition and extinction of four thousand millions of dollars' worth of Southern property — an amount greatly exceeding the entire aggregate wealth of the New England States. This is something more than an abstraction. I will not dis- cuss the question as to the moral or natural right of man to hold prop- erty in man. It is enough f(jr me to know that shivery has existed and been sanctioned by Deity at all times, from the days of the Pa- triarchs down to the present period ; and that our father Abraham, " the friend r,f God.'' was not only a large slave-holder, but that his treatment of Ilagar and his own begotten was far from exemplary. Now, permit me to remind you that slavery existed long anterior to the formation of our Federal Union, and that Constitutional guaran- tees for its ])i'oteGtion and security were not only a condition precedent, but a sine qua non to the formation of that Union. The existence of African slavery is not only compatible with the spirit, genius, and letter ol' our Ecder;;! comj^act, but it is in strict accordance with the American acceptation of republican liberty ; for it was not only recognized by the fathers and parties to that compact, but our Consti- tution expresslv provides that the importation of such persons si lall not he prohibited by any law of Congress anterior to the year 1808; and, in fixing the basis of Federal representation, it was agreed that three-fifths of the whole numerical aggregate of African slaves should be enu- merated and included. And it is moreover declared by section 4, Article 2, of the Compact, " That no person held to service or labor in one State, under the laws thereof, escaping into another State, shall, inconsequence of any law or regulation therein, ha discharged from such service or labor, hut shall he delivered up upon the claim ot the party tOswhom such service is due." And here permit me to remind you, that during the whole time, comprehending an intermediate period of more than twenty years between the ratification and adoption of our Fede- ral Compact and the year 1808, that nothing was heard of the tender consciences of your New England fathers; for their motto then was, as yours is now, (in the chaste and refined language of Thad. Stevens,) "2h hell ivith a conscience which is not subservient to interest and party." Now, I maintain that Massachusetts and Connecticut are responsi- ble for all the evil which has resulted from that savage and brutal traffic in human flesh, which their liberty -loving demagogues and fanat- ics now hypocritically assume is the cause of all the misery which has since afflicted and divided our happy, united, and prosperous country • and that that odious section which legalized the African slave trade for twenty years would never have del'aced and disgraced our Consti- tution but for the influence and vote of New England. A reference to the history of the Convention will establish beyond cavil the truth of this assumption. The States represented in the Convention were twelve — six Southern, three Northern, and three Eastern. Now, it is known that Virginia and Delaware advocated an immediate interdiction of the traffic as equally in conflict with policy, republicanism, and humanity, and that they voted against it, and Massachusetts and one other New England State (I can't be positive whether it was Con- necticut or New Hampshire) voted for it. The aggregate affirmative and negative vote was seven and five. In favor of the clause there were four Southern, two New England, and one Northern State ; against it, two Southern, one New England, and two Northern. Now, Thad., it is manifest that your New England fathers held the balance of power ; and if they had cast their vote with Virginia and Delaware, that abominable and odious trade would have been discontinued, and our country would not have incurred the disgrace andencountered the disastrous and appalling results of its extension. Now, Thad., it is the opinion of the wise men and statesmen. North anil South, that, in- dependent of the great accession to the slave population durino- those privileged years, that a majority of the Southern States could and would have emancipated and colonized their slaves long ago. If this be true, who, I demand, is responsible for all the misery and povertv which has resulted from that diabolical traffic; and especially, wlio fs responsible for the ruinous and appalling results of the recent bloody conflict, and for the existence of that vindictive and malignant spirit which animates the tyrants whose iron rule is now crushing out every feeling allied to liberty, justice, and humanity? To enable you to decide whether the advocacy of this odious section was prompted by cupidity or philanthropy, I will simply refer you to the fact that, as long as kidnapping and importing African slaves was sanctioned by the Constitution, New England philanthropy was entirely subservient to New England avarice. As long as this savage and brutal traffic was constitutional, New England did not fail to secure the lion's share of the inhuman trade ; and as long as African slavery was profitable, the institution was not only cherished and defended by New England as strictly compatible with the law of morals and the requirements of hu- manity, but was propagated and ramified throughout every portion of the world to which New England commerce extended. Nor was Afri- can slavery abolished in New England until after New England cupidi- ty had been gratified by poeketing a full equivalent for its slave prop- erty. New England philanthropy! (as little John m. hotts says of State sovereignty,) " is truly a myth:" it lives in fable and deals'in fiction. I have given a few historical specimens and examples, pregnant with proof, that your New England fathers were cruel tyrants and base hypocrites ; and I will now prove that you, their degenerate sons, are a fiendish set of traitors, who would gladly immolate upon the altar of your unhallowed ambition the Constitution of our Union, with all its sacred guarantees for the protection and perpetuation of the blessings of republican liberty. A proof of your treasonable pur- poses is found in your personal and practical resistance to the fugitive slave law, designed to enforce the observance of rights guaranteed bv Article IV, Secticm 2, of the Constitution. South Carolina nullified laws believed to be palpably in conflict with the spirit of the Constitu- tion, but you have nullified laws vianifestly and palpably constitutional, and justify the treason upon the principle that there is a law of con- scienc3 paramount to the Constitution. If it be treason in South Carolina to nullify a law believed to be in conflict with the spirit of the compact, a fortiori, or for a much stronger reason is it treason to nullify a law conceded to be strictly consistent with the provisions of that instrument. If Calhoun, Hayne, and Jeff. Davis were traitors, how much greater traitors are Stevens, Sumner, Wilson k Co. To enumerate the instances m which you have wickedly, treasonably, and palpably violated the Constitu- tion, would be useless, and unprofitable to edification, for they are known to the intelligent and reading public, and any attempt to en- lighten your benighted followers (w.ho deem it treason to doubt your patriotism and political infallibility) would be superfluous. But to re- turn to your aggressions upon the South, It will be conceded that you had no constitutional right to interfere with slavery in tbe Southern States, and certainly no right to covenant for its extermination. It will not be contended that New England laws, virtually nullifying con- stitutional laws enacted by Congress for the purpose of enforcing con- stitutional guarantees for the protection" of slave property, were not a palpable infraction of the compact; nor will it be contended that your repeated infractions of that compact did not incite and justify Southern resistance. It is a legal maxim, admitting of no exception, that a voluntary infraction of a compact by oueparty will discharge the other party from all legal obligation to observe and keep it. As long as boasting and threats to exterminate four thousand millions of dollars worth of property, and to emancipate and enfranchise four millions of Southern negroes came from a meagre minority, which was believed impotent for mischief, the South was quiescent ; but when your wicked crusade against Southern institutions had culminated in the election of a sectional Abolition President, pledged to do the bidding of the par- ty which had elevated him to power, they were awakend to an appal- ling sense of their danger, and did everything that honor and patriotism could justify and wisdom suggest to avert the dreaded catastrophe. They asked a Congressional guarantee. They demanded that the wicked and treasonable crusade against their property and institutions should be staid. They solicited ; they remonstrated ; and in turn were scorned, derided, and laughed at. It was your purpose not to concili- ate, but to fire their resentment and inflame their fury ; that in the madness and phrenzy (which it was your purpose to provoke) they might furnish you a "^pretext for consummating your fiendish purpo.se by force of arms. And your crusade of vengeance and malignity finally provoked that resistance which you so much coveted. Such has been your conduct. You have created the passions you persecute ; you mark a people for injustice and oppression ; you covenant for an extermination of their property ; you load them with abuse and every species of vile execration ; you propose to reduce them to poverty, misery, and degradation. And when, by your vile acts and viler ag- gressions, they are goaded to resistance, they are denounced as " traitors and vile rebels;" as a set of "fiendish miscreants who are animated by a hellish purpose to destroy the best and purest Oovernment the tvorld ever saw." You unsettled their reasons, and now revile their insanity. You have driven them to the extremity that has produced the evils you ar- raign, and now threaten to punish the crime which you have provoked, and for vshich you are responsible, with universal confiscation and exile. Yes! you! who claim to be the only patriots in the land, the only champ^ions of Republican Liberty, and the *^nly defenders of the Con- stitution, provoked a rebellion that you might have a pretext for the con- summation of the treasonable purposes of your wicked crusade against civil rights and constitutional liberty. And this damnable purpose you hope to accomplish under the hypocritical guise of a false philan- thropy and afi'ected patriotism. Professing to be the only champions of Republican Liberty, the little mind and monstrous iniquity with which you have been endowed is now being exerted to establish a tyranny over our Southern brethren, compared with which the tyranny of the feudal system, in the darkest age of feudal barbarism, would be mercy fraught' with leniency and liberty. Professing to be the friends of Union and advocates for reconstruction, it is manifestly your policy and purpose not only to prevent reconstruction, but, if possible, to annihilate all State governments and to centraljze all power in an odious, despotic congressional oligarchy, in which American liberty 1 will iind a perpetual grave. And you not traitors ? traitors with a double aspect; Janus-faced and doubly dyed; traitors to your indivi- dual States, and traitors to the United States? Now, permit me to ask from what portion of the Constitution do you claim the exclusive immunity of prescribing the terms and con- ditions upon which the rebel States shall be readmitted into the Union ? What portion of the Constitution confers upon Congress the exclusive right to determine the existing status of the excluded States? And especially, what constitutional provision warrants the assumption that they no longer exist as States ; and that Congress alone has the right, not only to determine the conditions upon which they shall be reinvested w'ith their original attributes, but readmitted as constitu- tional integrals of our Union ? You will not contend that any such power is expressly delegated, nor that it is inferentially deducible from any power expressly conferred. Your assumption of right, then, is not only unwarranted by the Constitution, but is not deducible from any portion of it. You assume that the rebel States have been re- duced to the condition of Territories, and that Conarress has undivided rule and dominion over them, and can make any rule or regulation for their Government which its caprice or lust for power may suirgest. It is a trite adage, "that actions speak louder than words." Con- ceding this truth, give me leave to compare your hypocritical profes- sions with your acts, your fallacious and sophistical theory with your practice. You maintain that secession is unconditionally inadmissible ; that no State, or any number of States, have any constitutional right to withdraw from the Union; and that 'all attempts at secession are nugatory, null, and void. . Whether this be true or false, it is no part of my purpose to determine. It is yuur theory ; and if it be true, the corollary is, necessarily, that any ineffectual attempt to secede, forcibly or otherwise, can neither affect the status nor in any degree change :he Federal relations of such States with the Union. And if this be true, the conclusion infallibly follows that the excluded States have never been constitutionally out of the Union, Your policy has been marked by irreconcilable contrarities; for your practice either agrees or dis- agrees with your theory, as it may be in concord or conflict with your party designs. If it accords with your purpose that the States should be in the Union, of course they are in the Union. They are in the .Union as long as their co-operation is indispensable to the attainment of the ostensible purposes of radical abolitionists. They were States -to all intents and purposes, and constitutionally ; and, with your appro- bation, and at your invitation, exercised the highest prerogative of State sovereignty when our conrpact i&as to he amended and slavtry abolished. And they are now callt-d upon to aid in the consummation of your hellish purpose to disfranchise nineteen twentieths of the enlightened chivalry of the South, and to enfranchise three and a half millions of stupid, ignorant negroes. And as monstrous and prepos- terous as this demand is, their acquiescence is made a condition pre- cedent — a sine qua nan — {not to a readmishion to the Union.) but to your confidence and protection — "a protection which will be fraught with a similar security of that of the vulture to the lamb ! " You fiendish 9 and diabolical traitors! you base and degenerate liypocrites ! who pro- mulcrate creeds and schemes neither bred in your hearts or approved of by your iudgments. You whited sepulchres! and instruments and tools of the devil ; to contaminate all that is pure, and pollute all that is cjean ; to poison and embitter the sweet sources of liberty, and convert its, fountains into blood; when will cease your mortal enmity to Republican Liberty? when will cease your malignity against the authors of your independence and the contributors to your jjros'perity ; when will cease your revolting system of rapine and impiety ; and how long will you ccmtinue to show the savageness of your natures, by grinning over your prey and growling over the agonies of your unfortunate victims; and when will you abandon your hellish crusade against the . Constitution, and co-operate with your patriotic President to re-estab- lish our glorious Union upon the immortal and imperishable principles of wisdoui and justice? Excuse the digression. And now give me liberty to ask if yon have read the Constitution'? And if so, do you not know that it is an unconditional prerequisite to its amendment that three-fourths- of the Stat.es shall ratify ? And do you not agree with me that it is indispensable to the validity of that ratification that the ratifying States shall be in the Union? Now, "if the rebel States are not only out of the Union, but have been reduced to the ^iaius of dependent Territories, I affirm that the Constitutional Amendment abolishing slavery is nugatory ; and I demand by what authority Congress requires them to meet in Conven- tion to ratify an amendment, the ratification of which is made a con- dition precedent not only to their existence as States, hut to their readmis- sion into the Union. I have before said that your whole course has been characterized by ridiculous absurdities, incongruities, and contrarieties ; and nothing can more forcibly illustrate the truth of the position than your ridiculous and treasonable attempt to make the Southern States^ tributary to your treacherous policy to deprive them r:^ suffrage ; that you may not only exclude them from all participation in the (iovern- ment, but transfer all power — political and civil— to their degraded negroes. You reduce them to Territorial dependeyice, and then prepos- terously demand, with more than mortal arrogance, that, as Southern States in the Union, they sliali seal their infamy and degradation by aiding you to forge the ohains and rivet the fetters with which you propose to manacle and bind them. Such are the sacrifices which you cruelly and arrogantly demand of the South 1 Sacrifices which comprehend eveiy nature, quality, and qualification which can either adorn or dignify "the character of man You impiously demand that that instinctive love of liberty implanted by the Deity in the heart of man ; that, and all the nicer feelings and sensibilizes of the human soul which characterize gentle and refined humanity, shall be extin- guished. You demand not only a voluntary surrender of Eepublican Liberty, but that it shall be freely immolated upon the altar of your treason. A free-offering upon the altar of treachery to the Constitxition, and the Union! And all this at the behest of a base set of traitors,, who seek to erect upon the ruins of our Federal Republic a dynasty more despotic than that erected by the Csesars upon the ruins of thft 10 Roman Republic. Now, give me leave to contrast your conduct and motives with the policy and practice of your New England fathers I Like them, you profess to be the champions of patriotism and Repub- lican Liberty, and the only patrons of piety and philanthropy. I have already referred to history to prove that their conduct and profession have universally been in conflict ; I have shown that their boasted patriotism has always been subservient to their lust for power; and nothing short of absolute rule could satisfy their demands. I have furnished historical data, conclusive of the fact, that their pretended piety was base hypocrisy, characterized by cruelties, proscriptions, and persecutions, unsurpassed in fiendish wickedness in the annals of time. In disproof of the existence of their affected philanthropy, I have referred to their active participation'in the African slave trade; and have demonstrated that avarice was their dominant and control- ling passion, and cupidity the actuating motive to their base, perfidi- ous, and degenerate souls. Now, permit me to refer to the diabolical and hypocritical pretensions upon which you base your claim to a monopoly of these great cardinal virtues ; and first, as to your affected veneration for the Constitution and patriotic love for the Union. Your love and veneration for the Constitution is forcibly exemplified by the following facts : First, you practically nullify the Fugitive Slave Law — a law enacted to enforce the observance of constitutional guar- antees, and admiited to he constitutional; and threatened, if an attempt should be made to enforce it, that you wotdd secede from the Union. Secondly : You have denominated it "a compact with death and a covenant with hell." Thirdly : You assume that ours is a grand Na- tional Consolidated Government, ignoring the fact that it is a crea- ture of compact, and can legitimately only exercise the powers dele- gated by the Constitution to the end, and for the objects and purposes enumerated. You not only repudiate the idea of State-rights, but you maintain that S^ate sovereignty is a ridiculous myth, and only has existence in the brains of simpletons ; and your recent legislation clearly indicates a purpose to m.ake Congress absolute ; for you not only "2y7'opose amendments'^'' to the Constitution, but annex conditions which makes it imperative upon the States to sanction or reject. You thus wickedly assume to exercise a power constitutional!}'- belonging to the States and the people of the States ; for, if you claim and exer- cise the power of annexing a condition precedent to the ratification or rejection of a proposed amendment, you manifestly have it in your power to insure either a ratification or rejection ; for it is obvious, if the proposed amendment is merely a deceitful feint, it is easy to insure its rejection by tacking on a condition which you know will be scouted. It is a gross insult to the Southern States to ask the ratifi- cation of " an amendment" which will destroy every vestige of Re- publican LiVjerty, and reduce them to absolute serfdom. Negro suffrage in the South is totally inadmissible, and you know it; but permit me to inquire from what portion of the Constitution do you derive the power, either expressly or inferentially, to regulate the sufi'rage qualification in any of the States North or South ? It is mani- fest that you palpably violate the Constitution, both in spirit and let- 11 ter, by attempting directly or indirectly to dictate to the States the terms" upon which they shall become members of the Union. But it is an interential concession, clearly deducible from the fact that the Southern States are invited to yartidpaie in an amendment, that they are in your estimation already in the Union. Why are they denied representation? Now let me remind you that the Constitution pro- vides " that representation and taxation shall be apportioned among the several States," &;c. In contravention of this provision of the Con- stitution, you claim the right to tax the States to which you deny representation, upon the pretext that they have been reduced to territo- rial dependence, and that " Congresss has the right to make all needful rules and regulations respecting the Territories of the United States." Now, I will not debate the question whether Virginia is a State or Ter- ritory, but, simply demand : if a Territory, by what constitutional pro- vision can she claim the right to exercise the high prerogative with sovereign States in amending the Federal Constituton ? and if a Stale alien to the Union, with what propriety can she be invited to ratify proposed amendments to the organic laws of the United States ? But take either horn of the dilemma — whether a sovereign State or Territo- ry belonging to the United States — you have no right to tax her with- out giving her representation : for taxation with representation is not onlv ancillary to, but inseparable from, our republican institutions, and nothing can be more odious and intolerable in American appreciation than taxation without representation. Taxation with representation has been so completely ingrafted on, and identified with, the affisctions and sympathies of American patriots, that they are startled and alarmed to know that there are monsters so vile as to repudiate the great primeval incitement to our glorious Revolution. I will not at- tempt an enumeration of the instances in which you have flagrantly, palpably, and wickedly violated the Constitution ; for, as I have before said, it would prove unprofitable for edification ; nor will I attempt to delineate your purposes and object for ignoring that hitherto sacred instrument, for you profess to be governed by a law paramount to the Constitution; and it is manifest that Congress is in the full exercise of functions claimed as legitimate offsprings of this wicked assumption, and, if suffered to go on with her vile aggressions and usurpations, that she will monopolize all power— executive, legislative, and judicial — and establish upon the ruins of our Republic an odious oligarchy, com- posed of two or three hundred traitors and tyrants, self-invested with •absolute rule. So much for patriotism I Now your Christian piety ! You claim that New England is the nursery of civilization, literature, and re- ligion ; and you have been busy in promulgating the libel that neither religion or letters have, to any extent, enjoyed the patronage of the South ; and you have industriously promulgated this slander, until it has become the general sentiment of your ignorant, deluded people,, that there is neither virtue or intelligence outside of New England, and that the people of the South are destitute of both social and moral virtue. You have basely resorted to vile and dirty expedients to instigate and create a general feeling of hatred and malevolence 12 against the South and its institutions; for, in the exuberance of your malignity, you have represented its peoples as savage tyrants and de- mons, destitute of every sentiment in any degree allied to humanity, and in the haV)itual practice of perpetrating deeds of cruelty u{)on their poor African subjects, at the enormity of which stoicism stands appalled, stolidity swoons, and humanity stands aghast. This to you may appear a digression. But permit me to suggest, that neither genuine religion nor true, estimable magnaniniity will ever diverge from the course oi virtue, verity, and honor, for the base purpose of engendering and encouraging feelings of enmity and malignity; for malice has no place in the heart of the Christian, which is the peculiar residence of Charity and Love. Now, give me leave to remind you, that your practice is palpably in conflict with your teaching; that your hvpocritical external homage has no response from your deceitful wicked hearts. You teach that Mercy is the crowning attribute of Deity, and that God is love fraught with Charity, Your prayer is, "Forgive my trespasses as I forgive the trespass of others." "You ask that mercy shall be meted in the measure meted." You preach that it is the Christian's duty to love his enemies, anci to do justice and practice mercy. Do you love your enemies ? and do you forgive their trespasses ? Do you love justice and practice mercy ? Let your cruel and vindictive malignity and fiendish tyranny practiced towards your conquered enemies, the descendants of the patriots and heroes of our glorious Revolution, answer the questions. Do your preachers, who claim to be the followers of our meek and lowly Saviour, and the ministering agents of God's Holy Spirit, promulgate the truths of His Holy Bible, or do they desecrate the holy office to the vile purpose of promulgating political heresies, for the purpose of engendering strife, hate, and distrust? What should Christians think of clerical demons who wickedly profane their sacred office, and desecrate the pulpit to the hellish purpose of preaching political sermons designed ro add iuel to the fire which is now consuming every sentiment and feeling in any way allied to virtue and humanity ? And what should they think of the puritanical miscreants who incite and encourage discord and strife for the purpose of enabling them to consummate a damnable policy which involves the fate, and is fraught with destruction to the most stupendous monument of human wisdom {our Constitution) that the world ever saw ? Especially, what does every one who has a love for our institutions and a desire to transmit the blessings of peace, concord, and liberty to posterity, think of such political preachers ? They think that they are the heirs of Hell and the Devil's own children. If such be your religious teachers, may God in mercy de- fend their pupils from the demoralizing influence of their diabolical precepts ! From such apostacy, Good Lord, deliver them ! Now, give me leave to ask. How do graven images, made with hands, differ from the idols of your own sinful hearts ? How does the external worship of stocks and stones differ in turpitude from that enthusiastic veneration and love for money which universally charac- terize your New England Christians? How does the worship of visi- ble statues of marble differ from the invisible and unchastened afi:ec- 13 tions and unholy desires of the human heart ? Are you Christians ? or are you idolaters? AVhether are your devotions paid, to the alnii^dity dollar or the Almighty God? Do you serve God in spirit and m truth, or are vou joined to your idols? From such an idola- trous worship, Good^Lord deliver us ! So much for your religion. Now, a word in reference to your* philanthropy —New England phi- lanthropy ! It is a solecism in language, and exists only in fiction. Philanthropy is a Christian virtue, and comprehends many of the cardinal virtues ; for love to mankind implies charity and forbearance, mercy and forgiveness. He who loves will not only deal charitably with 'his fellow-man, but he will bear patiently with his infirmities; and he will not only practice mercy towards an enemy, but he wijl forget and foro-ive injuries. The conduct of the true philanthropist is always dictated by a love of justice fraught with mercy; and his benevolence and charity will always be co-extensive with his ability — physical and moral — to dispense good. Now, give me leave to refer to your history, and that of your New England fathers, to show to what extent your's and their conduct and polTcy has been dictated by a love of justice, or a desire to amelio- rate the condition of man. I have before referred to the vindictive and tyrannical proscriptions and persecutions practiced by your fathers, and furnished historical data conclusive of the fact that nothing short of absolute rule— civil and religious— could satisfy their lust for power ; and that the aggregate wealth of worlds could not glut their rapacity or satisfy their avarice. It is just so with you, their descendants. Your greed for plunder is insatiable ; and if, by magic, you could convert mountains into precious minerals and their rocks into emeralds, there would still be a void in your rapacious maws, and, like the insatiable horse-leech, you would still cry, Give! give! Africa furnished an ample field for "a display of the benevolence of your fathers, and their philanthropy was strikingly manifested in the appalling cruelties practiced towards the wretched victims of their rapacity. They, to gratify the cravings of avarice, enslaved Africans; and you, to satiate a lust for power, which knows no satiety, now seek, by fiiendish and treasonable usurpations, to reduce to a condition of slavery and degradation, far below feudal vassalage, the most chival- rous and enlightened people that inhabits the globe ; and you not only threaten general confiscation and exile, but that the country and homes of the noble descendents of the patriots and heroes of that Kevolution which gave Liberty to New England shall be bestowed upon the descendents of the African slaves which your degenerate fathers kidnapped and imported ; and, that there may be no barri(^r to the consummation of this hell-engendered purpose, you are now resorting to every treasonable pretext which your hell-fraught souls can concoct to destroy the constitutional eflSciency of the Executive and Judicial Departments of the Government; and this you propose to accomplish by invalidating the constitutional adjudications of the Supreme Court by treasonable and unconstitutional legislation, and by impeaching and removing from office your gifted, honest, and patriotic President. u Impeach the President! Thad., the idea is so superlatively ridicu- lous that I am amazed that your snakish sagacity has not realized the fact that your vile plot not only contains the principle of its defeat but vividly portrays the treasonable spirit which animates the traitors who have covenanted for the overthi'ow of republican liberty. You say that tiie President is a traitor. Now, Triad., I will not stultify myself by attempting to show that, with your knowledge of the history of Mr. Johnson, you know the charge to be false and malicious, but simply demand the evidence of his treason. Now give me leave to ask if any act or omission of his, anterior to the rebellion, during its existence, or since its termination, warrants the assumption that his obligation to defend tht; Constitution has ever been violated, or that he has ever entertained or fostered an aspiration not strictly idAjntified with the interest and glory of his country ? Who has said or done more to expose the fallacy and danger of the doctrine of secession than Mr. Johnson ? By whose patriotic exertions was Tennessee saved and restored to the Union ? Mr. Johnson's! His services and sacri- fices during the war, the suffering and privations encountered and en- dured in the defence of the country and its institutions, are matters of history, known and rehearsed by every boy ot fifteen years of common intelligence. This is a record in part of Mr. Johnson's doings. Now, Thad., where is the record of your patriotic deeds? What dangers have you encountered, or privations endured, in defence of your country ? Your courage, like Fallstaff's, oozes out in times of danger. We heard nothing of your martial spirit during the rebellion. We had no proofs of your patriotism when the battle raged, and no evi- dence that you were ever in the vicinity of a hostile camp, except the buggy and horse abandoned for a more expeditious transportation by steam from the neighborhood " of villainous saltpetre." Like Prince Hal's " bag of guta,'^ in the tragedy, you prefer to hack your blade in your hiding place to doing it in the conflict of arms. He stabbed the dead Hotspur in the thigh as a proof of his heroism — as a proof of courage and daring. You assail a fallen and defeated enemy who are asking quarters ; and threaten death and destruction to a people, unarmed and defenceless, because they resist treasonable legis- lation designed to reduce them to slavery and serfdom. These you propose to make the victims of your prowess and courage. Courage I — your courage ! Courage is a cardinal and Christian virtue ; it is the essence of genuine magnanimity ; it is the iahulum vita of true, en- nobling heroism ; it is the corner stone of Charity, Mercy, and, indeed, all the Christian graces; it is ancillary to, and inseparable from, honesty, justice, and humanity ; it is inseparably blended with all that is great in the aspirations of the virtuous and noble ; it is majestic from its mercy ; it succors and assists the unfortunate, and never tramples upon the feelings and rights of a conquered or fallen enemy. If this be true, Thad., you are a base coward; a roaring bull in front, but in heart a deer — a wolf in a lion's skin ! Your bestial supremacy will not be questioned in the congressional menagerie ; and none will doubt your wolfish propensities who have witnessed your growling over the bleeding victims of your cruel rapacity. Your courage! — it is the 16 courage of the grinning fox over the helpless and innocent lamb; of the raveno us vulture tearing the vitals of the harmless dove! True courage can never harmonize with the base constituents of your craven soul, for you are an anomalous monster in human form, without a single element which enters into the composition of a man. It is my deliberate and honest opinion that, if all the diabolical ingredients constituting hell and its inhabitants could be consolidated, the monster compounded could not be more destitute of mercy, charity, and all Christian graces than Thad. Stevens. Pardon this digression, Thad. And now give me leave to ask if the President has done anything which has not, at sntingency, it is your purpose and })()]icy to establish the most tyrannical and odious of all governments : an abso- lute oligarchy, composed of mamj traitors and tyrants, self-invested with plenary power to rule and direct the destinies of our count y. And if they shall doubt that such is your purpose, direct their attention to tlte treasonable expedients to which you are resorting for the purpo.«e of destroying the constitutional efficiency of the Executive and Judicial Departments of the Government. Direct their attention to the fact(ihat for the purpose of nullifying the Presidential veto, which is the oidy security for the exercise of his constitutional prerogatives, and the only shield that protects the Constitution from congressional usurpation and encroachment) that you have resorted to bass frauds and wicked devices which are not only degrading toj'our high positions, but j>laces the blot of infamy upon the brow of every vile traitor who voted for the expulsion of Senators for the purpose of conferring upon this Eadi- cal Congress unrestricted power to annihilate every barrier to their. despotic rule ; for it is manifest that, uncontrolled by the Executive , veto, a venal Congress, composed of traitors, can not only paralyze the powers, but can legislate the other departments useless. It is hardly necessary to refer to the wicked and degrading expe- dients to which you have resorted to hoodwmk your credulous and deluded constituents, and to engender feelings of distrust and bitterness against our patriotic President and the people of the South. You affect to be in a perfect rage with Mr, Johnson for having exercised his constitutional prerogative in pardoning Southern rebels. And yoit threaten to invalidate liis pardons, and punish witli death and confiscation every individual who participated in the late rebellion. Will you have the candor to inform your constituents that the 2d section of the 2d article of the Constituiion conifers exclusive and ohsoluie j ower on the President "to grant reprieves and ipardons for all ajfences a gainst the United States, except in cases of impetichrnent ;" and that any inter- ference upon the part of Congress to prevent its exercise or render its , efficiency nugatory involves two high offences a;ainst the laws and Constitution of the United States, viz., -jierjury aid const i tic tire treason: for you swear positively not only to protect and defend the Constitu- tion, but inferentiully not to hinder or obstruct either of the. co ordinate departments in the exercise of the powers delegated to either ; lor it is indispensable to the maintenance and perpetuity of I-Jepublican Liberty that each department should be strictly confined to the orbit allotted it by the Constitution, and the genius of our institutions im- peratively demands that neither shall usurp or encreach upon the con- stitutional prerogatives of the other. You propose to confiscate the ■ property of rebels without regard to the Presidential amnesty and pardons; and this you propose to do by legislation ; for, having a ma- jority which will override all vetoes, there can be no Executive inter- position to check or tontrol congressional aggressii>ns and usurpations. Now, the pardons granted by the President are either valid or nuga- tory, and if valid, tlie penalty specified by the Constituiion being in- cident to the offence, is merged in the pardon ; for incidents fulluw 21 ■ principles and pnrtnke of their nature or condition. If the princi- ple is abrogatei its incidents are necessarily extinct; for a pardon without a ri inission of the penalty is at best a ridiculous legal solecism. Now give me leave to ask if it b.i constitutional to inflict the penalty b(jfore conviction? And if conviction is not an indispensable legal prerequisite to the infliction of the punis^iment? and if so, can prop- erty be constitutionally confiscated until after the offender is convicted of treason? The 3d section of the 3d article of the Constitution pro- vides "that no person shall be convicted of trea-on unless on the testi- mony of two witnesses to the same overt act," &c. And article 5 of the amendment to the Constitution declares " that no person shall be held to answer for a capital or other infamous crime unless on the pre- sentment or indictment of a grand jury, or be det)rived of l^fe, liberty, or pr-qy;rti/ v/ithout due process of law;" and article 6th provides " that in all criminal prosecutions the accused shall enjoy the right of trial by an impartial jury," &c.; and article 3, section 3, declares "that no attainder of treason shall work c irruption of blood, or forfeiture, ex- cept (luring the life of th. person ailainioiy There can, therefore, he no forfeiture loithout attainder; no attainder, but by the verdict of an im- partial jury, preceded' by the presentment or indictment of a grand jury; and no cjnviction except on the evidence of two witnesses to the same overt act. These are the provisions of that Constitution which you have sworn "to pre-erv?, protect, and defend." You will doubt- less have the courtesy ami liberality to concede that treason is an offence against the United States, and that the individuals actively par- ticipant in the late Confederate rebellion were guilty of treason ; and if so, and it is the constitutional prerogative of the Executive Magis- trate to grant reprieves and pardons/or all offences against the United States (impeachment excepted,) why is it tliat you assume to doubt the validity of the pardons already granted ? And, especially, where is your constitutional warrant for invalidatinc^ and abro^t distinction between sovn-dgrdy and inde/>endence, and the powers and rights delegated; and it is evi- dent that the framers of the Constitution designed to make that dis- tinction ; for the declaration is "that each State retains its sovereignty and independence." Now, sovereignty and independence are politi- cal correlatives — for independence is sovereignty, and sovereignty is independence — and they are indivisible ; they must co-exist, or cease to exist. It is, therefore, clear that powers and rights were delegated, a}id not sovereignly and independence ; and this distinction is warranted by the grammatical construction of the sentence. Now, the powers delegated to the United States in Congress assembled were powers to declare war and make peace, &c. It will be conceded that this was not a sovereign power, and that the delegabd right to exercise it did not convert the agents and servants of the Confederated States into sover- eigns ; and, if so, let me ask upon what rational postulate can it be asserted that it has become sovereign under the operations of ihe pro- visions of your Constilution ? The Congress of the Confederation was composed of servants or representatives appointed by the States to perform certain duties and exercise certain delegated powers for the purposes indicated by the Constitution. The Confederate Con- gress was a Convention of the servants and agents of the States ; and what is your Congress but "a meeting of the ^States,''^ through and by their agents and servants, to whom certain designated powers are delegated to be exercised with a view to a consummation of the objects specified in your Constitution? Now, give me leave to inquire what was the purpose of the patriots who framed your Constitution ? In the language of the preamble, it was to form a more perfect Union ! A more perfect Union of what? The Slates then vnited under the Government of the Confederation. Yours is, then, manifestly a Union of sovereign States. Your Government represents a Confederation of sovereign States. Your Constitution is the creature of compact; and your Congress a creature of the Constilution, and bound by tverj obligation of honor and patriotism as the Kepresentative of the States to preserve, protect, and defend from violation and usurpation that hitherto revered and sacred instrument. Your Government only differs from that of the Confederation in that the powers and duties of the latter were vested in, and performed by, a Congress; whereas, the powers and duties of yours is administered, or intended to be ad- ministered by three separate, independent, co ordinate departments — intended by t'.e sage and patriotic framers of your Constitution as mutual and reciprocal checks agail^st usurpations and aggressions upon the rights of the States and the Federal compact — hence the Executive Veto, the right and power to impeach, and the judicial prerogative to nulify unconstitutional laws. AVhile I am inclined to admit that this division of power, and a strict administration of the Government in accordance with the letter and spirit of the Constitu- tion, would almost insure ihe perpetuity of the Union, I totally repu- diate the idea that it at all affects or changes the Federal relation of the States, aud maintain that your present Union, in all its phases, is 26 as strictly Confederate in its political organization as that of the Old Coniederatiou. The powers delegated to the two Congress.-.'s are almost identical, with two exceptions, viz : Your Congress has the power to lay and collect taxes, duties, impost, and excise ; and the Congress of the Confederation enjoyed the constitutional immunity of issuing bills upon the credit of the Government — a power not only not conferred upon your Congress, but withheld. The additional powers delegated to your Government is not so much an auguraentatioii of the powers of the Confederate Government as a change rendered necessary for the purpose of giving efficacy to those that were vested in it be/ore. For instance, the power to raise revenue by requisition made upon the individual States had proved ineffectual, for the reason that there was no process whereby payment could bo coerced. To obviate this difficulty, power was delegated to our General Government to la}-- and collect taxes /rom the individuals of the States. It is evident that the power of taxation in theory existed as perfectly in the Congress of the Confederation as it was in your Congress ; and the only difference is, that the former taxed States, and the latter indi- viduals. There is, therefore, no theoretic difference but in- practice. The power in your Congress is effectual, and in the Congress of the Confederacy it was inefficient. I repeat again, and again, that our General Government does not possess an element of sovereignty ; not so fast, say advocates of the opposite doctrine. How will you explain the 6th article of the Constitution ? viz : " This Constitution, and the Laws of the of tlie United States vjhicJi shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land." All powers possessed by the General Government are derivative ; and no derived power can be a sovereign power, simply because that from which it eminates must be higher than that derived, and that sovereign powers are primary, independent, and absolute. Supreme, taken in the sense in which it was intended, is the conelative of paramount; for all laws made in pursuance of the powers delegated must of necessity be para- mount to conflicting laws enacted by the legislatures of the individual States, for the reason that the Constitution is a compact by which the individual States are solemnly and reciprocally bound not to exercise powers delegated to their agents and servants in the General Govern- ment, to be exercised for the purpose of effecting objects connected ■with the general good. By a reference to the nature of the powers delegated, it will be manifest that they are such as could not be exercised by the individual States without interrupting that harmony so essential, if not indispensable, to the general interest and tranquility. It is sufficient to say, that the individual States having, by compact, reciprocally covenanted that certain specified powers shall only be exercised by their representatives and servants in a General Government, any conflicting legislation by the individual States will be a vio- lation of the compact, and an unwarranted reassumption of power delegated. The true solution of the difficulty is, that no State has a right to exercise a power which, by a solemn compact with her sister States, has been delegated to a special agent to be exercised for the general 27 good. It is obvious tbat our General Governmet has an unconditional right, in conform iiy with the provisions and limitations of the Gonstitutwn, to exercise all 'powers delegated, and to make all laws necessary and proper to carry them into effect. And it is equally obvious that the parties to the compact conferring these powers can legitimately exercise no power to prevent or impede the exercise of the powers delegated ; and that all laws made with that view will be null and void. The laws enacted by Congress in pursuance of the Constitution, and in the exercise of the powers delegated, are paramount to all conflicting laws, and all acts and resolutions adopted by the individual States lor the purpose of invali- dating such laws, or to forestall the exercise of the powers delegated, are in violation of the compact, and of course void. The validity of the laws of the General Government, then, depends upon a strict adher- ence to the poivers delegated by the co7istitutional comjjact between the States. Are these sovereign powers ? Again, again, and again I repeat, that a delegated power can in no contingency become a sovereign power, and that our General Government does not possess a single attribute of sovereignty ; and that it is emphatically a Government of confederated States without a scintilla of nationality. And here give me leave to re- mark, that when I was an inhabitant of your lower world, in the city of Kichmond, and one of the selected delegates to the Convention of 1788, assembled to take into consideration the plan of the Federal Government proposed by its sage and patriotic framers, that in that Convention I used the following language in a speech in reply to the immortal Patrick Henry, of Virginia, (in whose eloquent and brilliant speeches was lumi- nously and vividly foreshadowed the evils which he prophesied would be brought upon the country by a wicked assumption of powers which it was no part of the purpose of the Convention to delegate, but which he said the Constitution would furnish a pretext to base and wicked and ambitious rnen to usurp for their individual aggrandise- ment. At that time, I viewed his fine flights of oratory as florid rant, and his solemn warnings as the senseless ravings of a fanatic. I now believe that he was the selected agent of the Deity to forewarn us of the dangers which have since fallen upon the country, and the more appalling dangers which are now menacing our free institutions and bids fair to engulf this glorious Union in the yawning abyss of con- solidation and despotism. On the occasion referred to, I said : " The principal question is, whether this be a Federal Government ? I con- ceive myself that it is of a mixed nature. In some respects it is a Government of a Federal nature; in others, it is of a consolidated nature. I say, notwithstanding what the honorable gentleman has alleged, that this Government is not completely consolidated, nor is it entirely Federal." This was my opinion in 1788 ; but, after I had studied the Constitution more thoroughly, I not only changed my opinion, but came to the conclusion that nothing could be more falla- cious and no argument more sophistical than that I had used to sup- port it. It was true, as I said, that the people were the parties to the compact ; but not the aggregate people of the United States, nor as the people composing one great body ; but as the people composing hirtecn distinct and independent sovereignties. Who were the parties to 28 the compact? The States by their Representatives. "Who ratified the coriipact? The States by their separate State Conventions. And who has the power to amend or alter the compact ? The States either throut^h their State Legishitures. or by a Con- vention of the different States. Now, if the Representatives of the several States framed the Constitution ; and if it was adopted and ratified by Conventions of then^tates severally: and if it can only be amende i and altered by the States; who can doubt that it is the creature of the States, and therefore a pure Representative Fede- ral Republic? But, sav these consolidationists, it is only Federal in part. It is Federal in the Congressional Senate; for, in the Senate, the States have an equal numerical representation appointed bv their- State Legislatures ; and this without reference to the inequality of population ; but that the Ref)resentatives of tiie lower house and the Executive Magistrate of the United States are elected by numerical majorities of the people, and that therefore the House of Rt^presenta- tives and the Executive Magistrate are the organs and Representa- tives of a Nation, and not of the Confederated States of America. It is true that the Members in the House of Representatives are elected by numerical majorities, but it is the majority of the people compos- ing each district entitled to a Representative; and each Sti^te being entitled to a numerical representation in the Conirressional House of Representatives in the ratio of its population, and each State being divided into districts, it ibllows that each Representative not only represents his particular district, but the aggregate number of Repre- sentatives represent the State in which thev are elected. The Repre- sentatives elected from the State of New York represent the State of New York, and are the servants and agents of the people of New York, and amenable to their constituents ; and so of all the States in the Union. Give me leave to say, then, th it, to my sense, the States severally have as distinct a representation in the Congressional House of Representatives, as the States individually have in the Senate; and that the only difference is, that in the Senate they have an equal numerical representation without reference to the inequality of popu- lation, and in the House of Representatives in the ratio of their popu- lations. In either, and both houses, their representatii)n is purely and strictly Federal. So far, then, it is manifest that, in ou- General Gov- ernment, there is not the least squinting towards consolidation, or the slightest shade of nationality. If the mode of electing is to deter- mine the representative character of the offieer, it will be easy to demonstrate that the President of the United States is not a National but a Federal Representative; that he is not the Representative of a Nation, but of States Confederated. Give me leave to remind you that the Constitution prescribes two modes, by either of which the Chief Executive of the United States may be elected. One by the electors of the several /Slates — the other, bi/ the several States. In the former, each State is entitled to a number of electors equal to the number of the Senators and Representatives to which ike Spates may be entitled in Congress. These electors vott' in their respective Sta'es, and transmit the vote sealed to the seat of Goverument, directed to the 29 President of the Senate. The person having' a majority of the whole number of tlie electors will be President; but, if no person shall have received sucli majority, then, in that contingency, the President must be elected i// iSlaO'S — tach State having one vote. Now, give me leave to say that, from the above data, the only logical deduction is, that, in both cases, the .election is by States, and not by the aggregate people of the United States; lor, if by the whole people in their aggregate capacity, then the majority of the electors would represent the ma- jority of the people of the United States; and this we know is not true ; for they not only may represent a minority of the popular vote of the United States, but cases may occur iu which they might not represent one-third of the whole people. For example, suppose the aggregate pofjuJar majority of the States (represented by the smallest possible majority of the electoral vote) to be a few hundred only, and the aggregate popular vote of the States, represented by the minority vote of the election, to be unanimous or nearly so, in that contingency (which 1 acknowledge to be remote) the President would not only not be elected by a majority of the popular vote, but by a minority, which would not greatly exceed the one-fourth of the whole number. I hope that, having demonstrated that the Presi- dent is not elected by the aggregate people cf the United States, it'will be conceded that he is not a national representative; and give me leave to say that a diflerent conclusion will encounter and involve this incongruity ; that a President elected by one mode would be National, and by the other a Federal representative, which is preposter- ous. It is manifest that in both or either case he ^s elected by States, but with this diversity : that in one case he may be elected by a ma- jority of electors representing a minority or' the States, and a minority of the population; but in the other he must be elected by a majority of the States. In either event he is strictly a Federal and not a Na- tional representative. This Government is so palpably a pure repre- sentative Federal Uepublic, I am forced to conclude that none but traitors to Pepublican Liberty, and who contemplate its overthrow, would even profess to believe it to be consoliilated. I therefore reiterate the char e that you are a vile set of t;'aitors, and that your usurpa- tions, professed principles, and avowed designs indicate a purpose to consolidate, by centralisir g all power in Thad. Stevens & Co. Now give me leave to say that every day furnishes additional evidence from your authorized and accredited tools and mouth-pieces that such is your purpose ; and if it cannot be accomplished by treasonable legisla- tion, it is to be consummated by exciting the people to rebel against all lawful authority, whether of individual States or of the General Government; and preliminary to perfecting your conspiracy against the States, that the President is to be removed, if not by impeachment, by any other wicked device which your depraved and diabolical hearts may concoct. Impeachment is the avoved expedient ; your more desperate intentions are secrets confined to the faithful. You know you must get r:d of this faithful sentinel, or your covenant to destroy the Constitution will be void. That fier^d and fanatic, Phillips, has pub- lished his plan, but his muddled brain failed to furnish a satisfactory solution of the remedy. But that aur^ust and illvstrioiis patron of virtue, piety, and Christian charity ; that model of political consistency and moral honesty ; and that great and glorious exemplar of military prowess and achievment ; that bloated and foeted mass of treason and corruption, distinguished by the cognomen of Beast Butler! has concocted a plan which he thinks iurnishes a solution for all the impediments to the decapitation of the noble and patriotic President. And here it follows in his own words : " How can the President be impeached ? Here it is ! The House of Representatives, under the Constitution, is the grand inquest of the Nation. Perhaps I might say, for illustration, the grand jury of the Nation. It prepares the bill of impeachment against the President, if it sees cause, and it presents the bill of impeachment to the Senate of the United States, which then becomes a hiofh court of impeachment, and the Chief Justice sits in that case as its presiding judge. It is thus no longer for that purpose the Senate of the Uni«-ed States, but is the high court of impeachment of the United States. What shall they do? When the impeachment is ready the Senate sends out its messenger or sergeant to bring in the criminal, be he high or low. [Applause.] (What a set of fools.) They set him at the bar and read the bill to him. If he plead guilty, they proceed to sentence him, which sentence is a deposition and deprivation of office. When he is brought before the bar, the Senate of the United States may order him to be imprisoned or to find bail, or any other proper order which the court might adopt in a criminal case. From that moment he ceases to be 'able to exercise the duties of his office until he is acquitted; and then comes the case of inability of the President of the United States to exercise the office of President. So the Vice President muss take the office, and there being no Vice President, it must devolve upon the Presi- dent of the Senate for the time being. [Applause.] (Those applauders are ripe for treason and slavery.) If I am correct in my statement of the law of impeachment and the form of trial, the right and form, if right, are clear ; and, therefore, if the trouble must come, xohich God for- bid, {what Jiypocrisy,) let it come in March, 1867, and not 1869. Let us have this thing done with ; let us settle this question at once and for- ever. If Baal be God, let us serve him ; if the Lord be God, let us serve Him." [Great applause.] (What a set of wicked miscreants, to applaud the impiety and sacrilige of this incarnate and detestible devil.) And this Brute arrogantly assumes to be a constitutional law3'er, and impudently assumes the character of commentator, and delivers a harangue to enlighten fools and prepare the tools (with which he intends to accomplish his treason) for action. It is a trite saying, that ingorance and impudence are concomitants ; and this harrangue furnishes a vivid illustration of the truth of the maxim ; for it is impossible that there could be a more pompous parade of arrogance and impudence, or a more miserable exhibition of folly, stupidity, and ignorance, than is combined in that silly abortion. Why, Jack Cade, the hero of the Mortimore rebellion, who punished the ordinary literary accomplish- ments of reading and writing with death, would have felt himself scandalized to have had the authorship of such a production attributed to him. This ignoramus proposes to inflict the penalty, and then try SI tlie case. His plan is to divest the President of his office, and then try hitn by a packed and vtnal Senate to determine whether he is entitled to it or not All that nonsense, therefore, about sending the Sergeant-at-Arms to arrest the President, and all that follows, not only stultifies the author, but it would be scouted by an idiot. I will not here recapitulate the argument used in reply to Wendell Phillips, but simply remark that no man with a spark of intellect can be made to believe that the Senate has either the right to imprison, or hold the President to bail ; for the idea is so utterly preposterous that no man of common sense and common honesty ivould 2^>'ofess to believe it. This political neophite and charlatan, and legal pettifogger, assumes, from the fact that the Chief Justice presides, that the Senate is, therefore, in- vested with all the legal and incidental powers and immunities of courts sitting to try criminals. Now, the Constitution provides that judgment in cases of impeachment shall not extend further than re- ntoval from office, &c. — part of sec. 1st and 3d ; and that the President, Vice-President, and all civil officers of the United States, shall he removed from office on impeachment for, and conviction of, treason, bribery, and other high misdemeanors. — Art, 4th, sec. 2. Now, the common-sense interpretation of these constitutional pro- visions is, that judgment and conviction must precede the infliction of the penalty ; and that any suspension of executive functions, or depo- sition of the President, is not only in conflict with these constitutional provisions, but will involve the ridiculous judicial anomaly of exe- cuting the judgment and inflicting the penalty before sentence of condemnation, which is legally and constitutionally inadmissible. For the sake of argument, I will concede the propriety of his as- sumption, and inquire what would be the practice of a criminal court, whose judgment and sentence would be limited and restricted to " a deposition or deprivation" of office ? It is evident that such a judg- ment would not affisct the person of the President in life or limb, nor would it affect his title to his effects, Gai bono ? Why attach the per- son of the President ? Now, is it not manifest that the incipient pro- cess would not be by capias, but by citation or summons, and leaving it perfectly optional with him to appear or not? And would his non- appearance be any impediment to the rendition of judgment? I do not see any necessity of referring to adjudicated authorities, to the common law, or American jurisprudence, to establish a position which cannot be controverted. But he says the Senate may demand bail. Bail for what purpose? That the efficacy of the judgment may not be defeated The judgment only operates upon the office; if its operation was upon the person — affecting him in life, or limb, or liberty, or his effects — then the efficacy of the judgment might depend upon good and sufficient bail ; but, if the satisfaction of the judgment in no way depends upon this precaution, bail of course would not be demanded. The judgment in the case under consideration is satisfied by the forfeiture of office; or, as the Biast expresses it, "by deposi- tion or deprivation of office !" Now, the office is not portable ; and can neither be secreted nor carried away ; and, if voluntarily vacated by the incumbent, the necessity of a process of ejectment would be 32 superseded ; find to this I presume the Brute wonhl have no objec- tion ; for it would be sirnplv clearing of a way ^ov a Radical traitor, who would be a servile and pliant tool, to execute the tyrannic;),! and despotic edicts of Triad Stevens & Co. la conclusion, give me leave to say, that wlien I refer to the demons concerned in the plot and con- , spiracy to overthrow the Government, I am amazed at the folly, cre- dulity, and madness of the people. Why is it that they don't refer to the character and antecedents of the miserable creatures who arro- gantly claim and assume the exclusive right and power to control and direct the destinies of the country ? Who is Ben. Batler, the Bmst? The itenerant mouth-piece of the party; and who directed and con- trolled the action of the Philadelphia Convention of self-appointed delegates, and that Convention of fanatics which met at Pittsburg, Pennsylvania ? I have said that he is a political wojihite. Is not that true? He is now a raving, inveterate Radical ConsolidaLionist ! In 1860, but one year before the war, he was a rabid Secessionist, and exerted all of his talents and influence to encourage and precipitate the rebellion. In every position in which he has acted, his conduct hns been vindictive, overbearing, and tyrannical and characterized by a low, odious littleness, which denoted both his baseness and meanness, and stamped him a trixter and traitor. In no position which he has occupied — either civd or military — has he discharged his duties with either fidelity or ability ; but has basely prostituted his advantages to the criminal purposes of robbeiy, peculation, and plun- der. This fact is so notorious and so universally believed, that, with all of his effrontery, be woujd not have the boldness to plead not guilty to the charge ; for the evidence of his thefts and peculations is so manifest that none can doubt his guilt. Seven years ago the Beast ^, was lean and poor; now he not only swims in tallow, but could pay for the cattle upon a thousand hills, and not make a sensible impres- sion upon the contents of his coffers. Where did he get it? Ask the starving victims of his cupidity and cruelty in New Orle ms ! They will tell you that so unbounded was his rapacity that he did not spare what rapine had left to penury; and. to give aiirfient to his avarice and food to his brutality, he did not hesitate to take the last crum from a starving and famished family, 'I'hese charges were not only freely circulated and believed, but it was expected and hoped that our Congress would have appointed a special committee of in- quiry. Why was it not done? Simply because the Brast is the pliant and servile tool of Thad. Stevens k Co., and a co worker to assist them them in the decapitation of the President and the demoli- tion of the Constitution. I take for granted, Th;id., that you will not thank him for specifying and 'promnl gating your charges against the President; and that his incautious rashness will not only receive the rebuke of your wicked associates in crime and treason, but henceforth the Beast will only be permitted to bray when ordered by his keeper. Who could have imagined, after so much noise and bluster about the President's treasons, that they would be restricted to the following specifications, viz: First, for declaring peace with the late rebellious States without ike consent of Congress ; secondly, tor making 33 a corrupt use of the pardouing power ; thirdly, for failing to enforce the Civil Ei^lits Bill ; fourthly, for appointing his fi-iends and sup- porters to office ; and fifthly, and lastly, for complicity in the late New Orleans riots. •Now, you know, Thad., that the power to make and declare peace has not been delegated to Congress, but that it is constitutionally in- vested in the President and the Senate, and that it is a wicked assump- tion of power in you and your fellow-conspirators in the House of fiepresentatives to claim the right to restrict or retard the President in the exercise of his prerogatives. But, Thad., candidly ; do you believe that it was an offence in the President, twelve months after a cessation of hostilities, and when thei'e was not a single armed rebel in the South, and swords had be^n converted into pruning hooks, and all had re- turned to their peaceful avocations ; I say, do you really believe it was treason in the President to notify the people of the United States that the war had ceased, and that peace reigned throughout our entire coun- try ? The President simply proclaimed that the war was over, and the country was at peace-^a fact that everybody knew and no one pro- fessed to disbelieve, except the 4;raitors who are plotting and conspiring to demolish the fair Temple of American liberty, and to erect upon its ruins a detestible oligarchy, when you and your minions of power and treason will reign triumphant. Was that treason ? It is treason to make war, says the Constitution ; but the idea is original and unique that it is treason to proclaim that the country ?'s at peace \Nh.exi everybody knows- it. Thad., you are as big a rascal as the Beast, but you are a little too smart to specify and publish charges which you know are too futile and foolish to impose even upon the simple. You next charge the President with having made a corrupt use of the par- doning power. Here, again, I suppose that his treason is, that he did not consult Congress. Now give me leave to remind you that the power to grant reyomves and pardons is deiegatedto the President unconditionally ; and it is his prerogative to exercise it without restriction, and that you have no right, and it is a wicked and palpable violation of the Consti- tution, and^ high crime and misdemeanor in the members of the Con- gress of the United States to interpose any obstacle or barrier to a free and unrestricted exercise of this benevolent and humane power. Now, you know, Thad., that it was not intended that Congress should exer- cise any power, in any way, to destroy the ef&cacy of the pardons con- ferred or extended by the President. I say you know this, and yet you are threatening, in violation of the Constitution, and in violation of your oaths to support it, to invalidate the pardons granted, and to hang and confiscate the property, not only of individuals pardoned, but every man {ivho has •properly enough to tempt your cupidity) who participated or sym^pathised with the rebellion. Now give me leave to inquire if ,;passing a law over the veto of the President by a two-thirds majority of your packed and venal Congress to hang and confiscate the property of American citizens reprieved, would not be, not only legalizing mur- der and robbery, but an overt act of treason, for which you and your fellow-conspirators would deserve to be hung as high as Ha man ? (Now,, Thad,, you are just prepared to take your departure for a world o O m of spirits, where there will be wailing and gnashing of teeth, and where there will be no rest for the wicked. Keraember, that mercy is only promised to the merciful. Thad., you have worshiped long enough at the altar of Baal ! Give the little span of the dregs of life to God ! Endeavor to love Him, and to do unto others as you would havethea do unto you. Be merciful and kind to your enemies; deal justly by all ; and practice Christian charity and forbearance to the untortunate and fallen ; and, as wicked as you are, you may yet be saved. May God, in his mercy, bring you to a knowledge and sense of your duty to your Maker and your fellow travellers to eternity ! May He soften your hardened and obdurate heart, and prepare you for all the enjoy- ments of that place in eternity to which you would consign our brothers and sisters of the South ! Amen. The third charge upon which the President is to be arraigned is, that he has failed to execute the civil rights bill. Now, Thad., it was a great piece of wickedness and villainy in you to call that a civil rights bill, which was designed to enslave free people, and compel what you call freedmen to be hired out by your myrmidons, and worked under your overseers for your benefit. Now, it would seem but fair and honest, while you are circulating this charge, to tell your people that the law is palpably unconstitutional, and that it was passed purposely to embarrass the President, and it was another of your villanous devices to involve the President in difficulty ; for, Mr. Johnson being under the sacred obligation of an oath to preserve, protect, and defend the Con- stitution, it would be extremely embarrassing to be compelled to en- force the execution of a law which he had pronounced to be unconsti- tutional, and which to his sense is palpably so ; and tell them, to insure its passage over the Presidential Veto, you basely and frauduently ex- pelled a sitting Conservative member, knowing that his State legis- lature, by joint ballot, would certainly fill his place with one of the faithful ; and by this base fraud you secured a sufficient majority to enable the Senate to override the Veto, and to enable Congress to paralyze the Executive ; and by unconstitutional laws to concentrate all power in Congress ; and tell them frankly that the President, under all the circumstances, is not only not under an obligation to enforce its execution, but under an imperative obligation to resist and prevent it, until it shall be adjudicated constitutional by the Supreme Judicial Tribunal ; and have the honesty to tell them that the charge of the Beast is false, malicious, and wicked, and that the President has not failed or refused to execute — no case having arisen which required any action. And tell them that the fifth charge was simply a cunning device to shift the responsibility from your own shoulders to the Presi- dent's ; and that if the order of the President had been speedily executed, that the base plot by Stevens & Co. would have been de feated, and the horrid catastrophe averted. Come, Thad., try to be magnanimous once before you die. But Mr. J. has abused the appoint- ing power 1 Now, Thad., is it not wonderful that this Radical Congress of demons have the brazen and unblushing impudence to charge that as a high crime, when it is patent that plunder and spoil are all they desire ; and if enjoyed the powxr of removal, that no gentleman, animated oo by a spirit of philantliropy, who entertains a scintilla of sympathy for the fallen and unfortunate, or who has the courage to doubt the infalli- bility and patriotism of the t3^rants and traitors whose motto is, "to hell with a conscience which is not subserveant to party," would be suffered to retain office for a moment? Now, Thad., you and your myrmidons, Butler the Beast, Sumner, Wilson, and reverdy jnhri.%nn in- clusive, would favor a general sweep of honest gentlemen and patriots from office, that positi-ms vacated might be filled with Radical traitors and deluded free negrcns. You know this to be true, and yet you im- pudently and preposterously charge it as a high crime that Mr. John- son, following the dictates of his pure and enlightened conscience, animated by a law of nature written by the pen of Deity in his honest, patriotic heart, has preferred his friends, whom he believes to be honest and patriotic, to traitors and tyrants who are trampling upon the Con- stitution, and alike disregarding the laws of justice and humanity, and the demands of patriotism. Mirabile dictu I that a man of your saga- city should make this a charge of malversation, when it is known that it has been practiced and sanctioned universally from the date of the first republic down to the present period, and that no honest man entertaining a patriotic desire to perpetuate the blessings of Republican Liberty can ever voluntarily participate with miscreants and demons whose object is its destruction. Too shallow, Thad.I I am amazed at your folly, and feel humiliated that things in human form are the min- ions and slaves of your power. Try something else ! something that would not stultify stupidity! You are the great Mogul and leader of the conspirators, and your rule so absolute that all responsibility rests upon you, for Sumner, Fessenden, and reverdy Johnson, and the rest of the congressional small fry are your satraps and understrappers to give force and efficacy to your tyrannical edicts. You are the master magi- cian who works the political wires ; these liliputian politicians — the puppets and automatons at their extremities, who danced to any tune which you set to music. I beg pardon of old Ben. Wade, of Ohio, that compound of bitterness and acidity, whose vinegar visage por- trays a Stygian spirit, compared with which the spirit of the angry boy of the alchymist would be the essence and representative of pleasantry and good humor. Ben. Johnson's boy only fumed when tormented by the living ; but this old hyena grins, and growls, and snarls alike, over the living and the dead, and is so entirely under the dominion of the devil, that he would think himself scandalized by the admission that he could be influenced to do a deed of mercy, or an act of charity. Now give me leave to contrast your professions with your doings. You profess to be a philanthropist and to entertain almost a reverential affection for the poor soldier, and to love the dear people i 80 superlatively that there is no personal privation which you would not joyfully encounter and endure to guard their interest and advance their prosperity. Now, what have you done for the poor soldiers, their disconsolate widows, and unhappy orphans? You have reluctantly passed a law allowing $50 for iivo years of toil, sweat, and blood — every day of which time their bosoms were bared and their lives periled in defence of their country ; and the law which you have en- 3i| acted is so complicated with preliminar}^ minutia, that to attend to its requirements will involve an amount of time and ex])i-'nditure of money more than equal to one half of the amount. Of this small amount, the pittance realized would not amount to $30. You and your con- gressional serfs professs to be a disinterested and self-sacTificing set of patriots, and wish it believed that you are ready and willing to suffer political martyrdom on the altar of your country's liberty. You are particularly tender upon the subject of taxing your poor con- stituents. Now give me leave to ask how does this profession accord with the fact that your Radical Congress, under your leadership, which voted to the poor soldier $50 for two years' services so grudgingly, did by the same law so increase your own salaries that your pay is now equal to $40 ^?er day and will exceed $50/orthe short session. Fifty dollars per day, for Cfmgressmen, ! lu-enty-Jive per year for soldiers! reduced to $15 by payment of incidental expenses — to say nothing of loss of time. There is something in this legislation so disgustingly mean and so horridly loathsome that it is humiliating to an American citizen to be forced to acknowledge that our Federal Legislature is com[)Osed of Shylocks and misers, who prostitute their privileges to the vile and degrading purpose of filling their coffers by base peculation. Yes, Thad., by statutory peculation ! The theft is plain. The law is a mockery. The legal consideration of the ser- vice rendered was only $3,000. The session was about to end, and the Radical Congress actually adjourned the day after the vile pecu- lation was perpietrated by a law retrospective in its operation — referring hack to the first day of the session — and giving an addition of nearly $2,800 (twentyei;.'ht hundred) to you and each of "your understrap- pers, or nearly $6,000 for the session. Was not this siaintory pecula- tion f Was it not a base theft perpetrated by a vile prostitution of legislative power to the purposes of fraud and plunder ? Answer these questions, Thad. Professing to sympathise with the poor and oppressed, you add two millions and more /o their burdens by increasing your oion salary from six to ten tJiotisa.nd dollars a term ! Yes, you old iron-monger, who now enjoys the benefit of a high tariff' paid by these same people, in the exuberance of your pretended affection, you saddle them with an addition uf more than two millions, each Con- gressional term, to afford additional aliment to your base cupidity and sordid avarice. And you profess to be a gentleman and patriot, you sacrilegious old wretch, whose motto is " to hell with a conscience which is not subservient to party ;" and I will now add "which feels any compunctious visitings at the perpetration of frauds, peculation, thefts, or robberies, when the plunder may be applied to the party purpose of annihilating the Executive Department of our Govern- ment, and making Congress absolute and positively omnipotent." I am perfectly amazed, Thad., that the people can't see what a political demon you are, and what an army of devils you command ; and I am still more amazed that the intelligent American people should tolerafe your arrogance and effrontery, and especially that any sane man should accord to you either virtue or talent, or impute to you any quality allied to greatness ; for it is manifest, from the little odious meanness^■'s to which you daily resort to aoconiplisli your dirt}'- and treasonable purposes^ that you have neither greatness of mind nor ele- vation of soul ; and, if you have any ]^retention to gre itness, it con- sists in oonf;eiving bad measures and pursuing them obstinately to tbeir accomplishment. In short, that you are only great in engender- ing wickedness and perpetrating crime. Now, give me leave to say that, if our country should be precipitated into a civil war or second rebellion, the responsibility will rest upon you ; for you are the Radi- cal potentate who, with iron rule, directs and controls all the tools to be used in the overthrow of our Government. You are the chairman orf" the committee of fifteen which originates and prepares all lueasares to be adopted by you?- Congress. I say adopted : for its resolves have the force of edicts. The Construction Committee controls your Con- gress, and you control the committee; and you are the old Belzebub who will answer for all the evils which this treasonable contrivance may bring upon the country. And here again we encounter another of your cunning tricks and devices to cajole and mislead the people ; for the name or style imports that the purpose and design of the com- mittee is to reconstcuct the Union ; and, to give favor and force to the cou'^truction, you hypocritically assume that yours is t.he only true loyal UnioiL party. This, you know, is ad captaudum, designed to im- pose upon the simple and confiding. You aiso know that four-fifths of the intelligent people of the Northern States are in favor of imme- diate reconstruction upon any basis which will restore peace to the country ; and you appear to understand that a vast majority every- where are creatures of passion imd impulse rather than of reason and judgment ; and that, therefore, it is only necessary to inflame and un- settle the popular mind, by incendiary reports and inflammatory hurangues, to insure a consummation of your treasonable conspiracy against the Constitution, the Union, and Civil Liberty ; and you also seem to understand that nine-tenths- of the ignorant estimate and ap- preciate the thing, with reference to the name or style, rather than to the vices or virtues inherent ; and, aware of this, you have resorted to the cunning device of calling yours the Union party, and this dia bolical and hell engendered committee " A Reconstruction Commit- tee." Now, Thad., you know, and every person of any intelligence per- fectly understands, that this villainous committee — and committee of villains — is a cunningly constructed device of the Radical traitors not to reconstruct, but to centralize and consolidate the Northern States, and to raise upon the ruins of our Federal Repiihlic an odious oligar-!' ch}^, composed of Thad. Stevens & Co., old Wade, Parson Brownlow, Butler, the Beast, and others of like calibre and character, who intend to degrade the enlightened chivaU-y of the South to serfdom and feudal villanage, and to govern the North by absolute and tyrannic rule. Your villainous expedients to incense and embitter the people against your patriotic President, are even more odious, unjust, and (tegrading than the low cunning devices resorted to to divert public attention from your treasonable conspiracy to destroy the Constitu- tion and the Union. It is utterly impossible for the President to do right. If an unconstitutional law, fraudulentl}^ enacted, is not exe- 38 cuted in hot "haste, even when a case has not arisen authorizing Ex- ecutive action, he is threatened with impeachment ; and, if he exe- cutes a law, which he is bound to do by the Constitution and his oath of office, he is arraigned at the hustings, and a constitutional discharge of his official obligations encounter the bitter invective of base dema- gogues and parasities, who impudently and wickedly make a faith- ful discharge of his constitutional duties the basis of inflammatory haranafues, designed to fire and inflame the resentment of the Fenian Brotherhood. Now, Thad., if Mr. Johnson had refused or failed to execute the neutrality laws, and our country consequently involved in a war with Great Britain, what would have been the course of youf Eadical party ? Would they have said well done good and faithful servant ? Or would his official delinquency have been made the basis for a Congressional impeachment? Would you not have rejoiced at the wicked official malversation, as affi^rding a justijiahle ground for the impeachment and removal of the President ? I take it for grant- ed that Fenians will have no difficulty in answering these questions. Come now, Thad., have the magnanimity to say to the Fenians that it is the business of Congress to make and rej^tal laivs — the Constitu- tional duty of the President to execute them. Tell them the obliga- tion upon the President was imperative; that Mr. Johnson had no discretion, and that an omission to execute the laws would have laid him amenable to impeachment and removal from office; and that Thad. Stevens & Co. would have gloried in such a consummation. Tell them that it was perfectly in the power of Congress to have re- pealed the nutrality laws at any time; and that a law repealing them would have had the hearty approval and sanction of the President. Tell them that all the detriment and impediment to the Fenian cause was the result of the failure upon the part of Congress to repeal the neutrality laws. Come now, Thad., have the magnanimity to saddle the right horse ! Frankly admit that these laws were not repealed ; that the President, by a faithful execution of his official duties, might be rendered obnox- ious to Fenian reprobation. And tell them truly, that the President, at every period of his life, has been the uncompromising friend of Ire- land and its impulsive, warm-hearted, ingenious people, and the un- flinching friend and advocate of universal liberty and independence, and would rejoice to see ihe Emerald Isle " regenerated and dii-en- thralled from English ty runny by the iirepistible genius of universal emancipation." And that at all times he has been the stern and un- yielding protector and defender of political and religious liberty ; and at no time has tolecated any policy which has conflicted with either ; and that all secret associations, having for their object the destruction of either, has and will ever encounter his unqualified condemnation and execration. And tell them honestly that that execrable Abolition Knownothingism was engendered and nurtured by New England fanatics and radicals ; and that the heads and leaders of that odious proscriptive party, who would have deprived 1;hem of the enjoyment of political and religious freedom, and who now seek to degrade them by conferring upon the negro political privileges denied to emigrant 39 Irishmen, are the very same fienJs and demons who now invoke their aid to enable them to elevate to desjwiic power su^sh creatures as Thad, Stevens, Wade, Butler, k Co. Your last and most ridiculous expedient to poison and prejudice the public mind, is the cr}'- you have raised against the President for not bringing the late President of the Con- federate Government to trial. This is so superlatively foolish and pre- posterous, that I consider it an insult to the popular judgment. It is sufficient to say, in reply to everything which has been said and charged, that Mr. Johnson is an executive and not a judicial ofl&cer ; and that as soon as Jeff. Davis was arrested and imprisoned his duties and powers over him ceased. He is in the custody of the civil judicial authority. He is the prisoner of yt^ur Chief Justice, who is the head of a co-ordinate Department of the Government, and over whom the President has no more control than he has over Congress, the other co-ordinate; that the Judicial and Legislative Departments are co-ordinate, is sufficient to satisfy any rational mind that the President has no power or right to control the Chief Justice ia the exercise of his official functions. But you, Thad., and your tools and minions, have the power to make him do his duty. You have the power to impeach any high judicial functionary who either refuses or fails to dis- charge his official obligations. Now, it is (?learly my opinion that the preposterous pretexts to which your Chief Justice has resorted to post- pone this trial is gross official misconduct, not only degrading to the high office of Chief Justice, but indicate a littleness and mean- ness, and a low and base spirit of persecution, not only in conflict with his official duties, but of every feeling allied to justice and humanity. He has certainly been voluntarily guilty of gross, wicked, and unpar- donable judicial delinquency, and deserves to be impeached. I say impeach him ! When I feel in the humor, and my obliging amanuen- sis and medium shall be willing to give me his time and labor, you will probably hear from me again. THE SPIRIT OF MADISON. M :e s a. a tc OF THE PRESIDENT OF THE UNITED STATES KETtTRNIXG To the Mouse of Representatives A Bill entitled "An Act to provide for tlie More Efficient Governm.eat of the Rebel States^ ■"o«>- ♦ ■* — «ni»— To the House of Representatives : I have examined the bill "to provide for the more efficient Government of the Rebel States," with the care and anxiety which its transceudant importance is calcu- lated to awaken. I am unable to give it my assent for reasons so gi-ave, that I hope a statement of them may have some influence on the minds of the» patriotic and en- lighteiied 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 reason upon which the measiire' is based, and the gri Southern people, and those who control their public acts, while they entertain diverse opinions fln questions of Federal policy, are completely united in the effort to reorganize their society on the basis of peace, and to restore their mutual prosperity as rapidly and as completely as their circumstances will permit. The bill, however, would seem to show upon its face that the establishment of peace and good order is not its real object. The fifth section declares that the preceding sections should cease to operate in any State where certain events shall have happen- ed. These events are : First, the selection of delegates to a State Convention by an election at which negroes shall M allowed to vote. Second, the formation of a State constitution by the Convention so chosen. Third, the insertion into the State constitu- tion of a provision which will secure the right of voting at all election to negroes, and to suck white men as may not be disfranchised for rebellion or felony. Fourth, the sub- mission of the eonstitu'tion for ratification to negroes and white men not disfranchised. 42 and its actual ratification by their vote. Fifth, the submission of the State constitu- tiou to Congress for examination and approval, and the actual approval of it by that body. Sixth, the adoption 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 asufficient number of other States to make it apart of the Constitution of the United States. All these conditions must be fulfilled before the people of any of these States can be relieved from the bondage of military domination ; but when they are fulfilled, then immediately the pains and penalties of the bill are to cease, no mat- ter whether there be peace and order or not, without any reference to the security of life or properly. 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 is plainly to be used — not for any purpose of order or for the prevention of crime, but solely as a means of coerc- ing the people into the adoption of principles and rteasures 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 conflict with the plaint-st provisions of the Constitution, and utterly destructive to those great principles of liberty and humanity for which our ancestors on both sides of the Atlantic have shed so much blood and expended so much treasure. The ten States named in the bill are divided into five districts. For each district an officer of the army, not below the rank of Brigadier General, is to be appointed to rule over the people ; and he is to be supported with an efficient military force to enable him to perform hi^duties and enforce his authority. Those duties and that authority, as defined by the third section of the bill, are, "to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace, or criminals." The power thus giving 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 all 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 the State authority to be null and void. He alone is permitted to determine what are rights of person or property, and he may protect them in such away as in his discretion may seem proper. It places at his free disposal all the lands and goods in his district, and he may distri- bute them without let or hindrance to whom he pleases. Being 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 he can make it as bloody as any recorded in history, or he can reserve the privilege of acting upon the impulse of his private passions in each cas« that arises. He is bound by no rules of evidence ; there is, indeed, no provision by which he is authorized or required to take any evidence at all. Everything is a crime which he chooses to call so, and all persons are condemned whom he pronounces to be guilty. He is not bound to keep any record, or make anv report of his proceedings. He may arrest his victims wherever he finds them, without warrant, accusation, or proof of probable cause. If he gives them a trial bt^fore he inflicts' the punishment, he gives it of his grace and mercv, not because he is commanded 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 offenders," but of course this does not require that he should do so. It any State or Federal court presumes to exercise its legal jurisdiction by the 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 tri- bunals ; ' ' 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 u' on the officer who has authority to organize it as he pleases, prescribe its mode of proceeding, appoint its Biembers 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 ef Congress, have been inserted in the bill, apparently to restrain the power of the commanding officer ; but it seems to me that they are of no avail for that purpose. The fourth section provides — First. That trials shall not be unnecessarily delayed ; but I think I have shown that the power is 43 given to punisli witliout trial, and if so, this provision is practically inoperative. Second. Cruel or unusual^pimisLment 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 that military officers will understand or follow a rule ex- pressed 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, he will make it usual. Corporal punishment, imprisonment, the gag, the ball and chain, and the almost insupportable forms of torture invented for military punishment, lie within the range of choice. Third. The sentence of a com- mission is not to be executed without being approved by the commander, if it aflects life or liberty, and a sentence of death must be approved by the Presiiient. This ap- plies to cases in which there has been atrial 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 despotism. But, to make it still more unendurable, the bill provides that in 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 monarcli in England for more than five hundred years. In all that time no people who speak the Euglish language have borne such servitude. It reduces the whole popula- tion of the ten States— all persons, of every color, sex, and condition, and every strauger within there limits — to the most abject and degrading 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 too magnanimous, just, and humane to oppress and trample upon a subjugated people. I do not doubt that army officers are as well entitled to this kind of conddence as any other class of men. But the history of the world has been written in vain, if it does not teach us that unrestrained authority can never be safely trustei 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 corue among them a§ the representatives of a distant power, and more especially when the power that sends them in unfriendly. Governments closely resembling that here pro- posed have been fairly tried in Hungary and Poland, and the sutferiag endured by those people roused the sympathies of the entire world. It was tried in Ireland, an i though tempered at first by principles of English law, it gave birth to cruelties so atrocious that they are never recounted without just indignation. The French Con- vention armed itsdeputies with this power, and sent them to the Southern departments of the Republic. 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 unrestrained by law. The men of our race in every age have struggled to tie up the hands of their Gov- ernments and keep them within the law ; because their own experience of all mankind taught them that rulers could not be relied on to concede those rights which they were not legally bound to respect. The head of a great empire has sometimes goT- erned it with a mild and 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 be nothing but enmity ; he punishes them if they resist his authority, 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 measure like this ? I answer, certainly not, if we derive our authority from the Constitution, and if we are bound by the limitations which it imposes. This proposition is perfectly clear— that no branch of the Federal Government, exe- cutive, 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 Constitu- tion we have no legal authority more than private citizens, and within it we have only so much as that instrument gives us. This broad principle limits our functions, and applies to all subjects. It protects not only the citizens of States which are with- in the Union, but it shields every human being who comes or is brought under our jurisdiction. We have no right to do in one place, more than in another, that which the Constitution says we 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 funda- raeatttl law foj'bids, 44 Some persons assume tliat the success of our arms, in crushiug the opposition which was made in some of tfie States to the execution of the Federal laws, reduced tho.se States and all their peop^ — the innocent as well as the guilty — to 'the condition of vassalage, and gave. us a power over them which the Constitution does not hestow, or define, or limit. Ko fallacy can be more tranp;parent than this. Our victories sub- jected the insurgents to legal obedience, not to the yoke of an arbitrary despotism. Wiien an absolute sovereign reduces his rebellious subjects, he may deal with them according to his pleasure, becau^je he had tbat power before. But when a limited monarch puts down an insurrection, he must still govern according to law. If an in- surrection should take place in one of our States against the authority of the State Gov- ernment, and end in the overthrow of those who planned it, would that take away the rights of all the people of the counties where it was favored by a part or a maj-)rity of tJie population? Could they, for such a reason, be wholly outlawed and deprived of tkeir representation in the Legislature ? I have always contended that the Govern- ment of the United States was sovereiijn within its constitutional sphere ; that it exe- cuted its laws, like the States themselves, by applying its coercive power directly to individuals ; and that it could put down insurrection with th^- same efiect 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 righc. Invasion, insurrection, rebellion, and domestic violence, were anticipated when the Government was framed, and the means of repelling and suppressing them were wisely provided for in the Constitution ; but it was not thought necessary to declare tliat the States in which they might occur should be expelled from the Union. Rebel- lions, which were invariably suppressed, occurred prior to that out of which these questions grow ; but the States continued to exist, and the Union remained unbroken. In Massachusetts, Pennsylvania, in Riiode Island, and in New York, at different peri- ods in our iiistory, violent and armed opposition to the United Stat-s was carried on ; but the relations of tliose States with the Federal Government were not supposed to be interrupted or changed thereby, after the rebjUioas 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, ill the Southern States, the Ordinances of Secession were treated by all the frj.e:i;l < of the Union as mere nulities, and are now acknowledged to .be so by the S,1iat.-.s themselves. If we admit that they had any force or validity, or that they did in l-ict take the States in which they were passed out of the Union, we sweep from unied by rebels treated as belligerenis ; and a thiid to be exercised in time of invasion or insurrecti()n witliiu tiie limits of tlie United States, or during rebellion within the limits of the Slates raaiiitaininH adliesiou to the National Govern- ment, when tlie public danger requires its exercise The iirst of these may be Called juri.-^diotion under MtLlTAEY Law, and is found in acts of Congress prescribing Rules and Articles of War, or otherwise pro- vidiDg foj- the government of the National Forces ; tlie second may be distinguished as Military Goveex- MENT, superseding, as far as may be deemed expedient, the local law, and exercised by ihe military com- mander under the direction of the President, with the express or implied sanction of Congress ; while the third may be denominated Martial J^aw Proper, and is called into action by Congressy or: temporarily, wDen the action of Coiigresi- c-annot be invited, and in the case of Justifying or excusing peril, by the Pi'esident, in times of insurrection 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 tjiat of the three kinds of military jurisdiction which can be exercised or crf-ated under our Constitution, there is but one that can prevail in time of peace, and tliat is the code of lawi 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 soldier and not to the citizen, whilst, contrawise, 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 tlteir 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 express words of that instrument. 1 will not enlarge on the inestimable value of the right thus secured to every freeman, or speak of the danger to public liberty in all parts of the country which must ensue from a dnuial of it any where or upon any pretence. A very recent decision of, the Supreme Court has traced the history, vindicated the dignity, and made known the value ()f this great privilege so clearly that nothing more is needed. To What extent a violation of it might be excused in time of war or public danger may admit of discussion, but we ,are providing now for a time of profound peace, where theie is not an armed soldier within our borders except those who are in the service of the Government. It is iu such a condition of things that an act of Congress is proposed which, if carried out, would deny a trial by the lawful courts and juries to nine miilions of Ameiican citizens and to their posterity for an indefinite period. It seems to be scarcely possible tliat any one should seriously believe this coiasistent with a Constitution wiiich dei.lares, in simple, plain, and unambiguous language, that all persoirs shall have that riglit, 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 on probable cause. This bill authorizes an arrest without warrant, at the pleasure of a military commander. The Constitution declares that "no person sliall be held to answer for a capital or other- wise infamous crime unless on presentment by a grand jury." This bill holds every pert on not a soldie'r answerable for all crimes and all charges without any presentment. The Constitution declares that "no perton shall be deprived of life, liberty, or profierty without dtte 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, aiid as to h;s 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 maj' require it;" whereas this bill declares martial law (which of itself suspends this great writ_) in time of peace, and auLiiorizes the military to make the. arrest, and gives .to the prisoner |Only one priyilege, and th^t is, a trial without,- un-, necessary delay. H'- has no hope of release .frpm ctistody, except the hope, such as it is, of release by acquital before a military commission. ' The United States are bound to guarantee to each State a republican form of govern- ment. Can it be pretended tViat 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, and puts the life, property, liberty, and honor of the people in each of them under the dominion of a single person, clothed witli unlimited power? The Parliament of Knglaud, 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 persons accused had a hearing, some- times 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 countiy determined that no such thing should occur here. They withheld the power from Congress, and thus forbade its exercise by that body ; and they provided in the Constitution that no State should pass any bill of attainder. It is, therefore, impossible for any person in the country to be constitutionally convicted or punished for any crime by a legislative proceeding of any sort. Nevertheless, here is a bill of attainder against nine millions of people at oace. It is based upon an accusation 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 represt-nt- atives of the doomed parties were excluded 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 hundreris 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 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 govern- ments, and to compel them by force to the adoption of organic laws and regulations which they are unwilling to accept, if left to themselves. The negroes have not asked the privilf'ge 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 electa Legislature which will act upon certain measures in a pre- scribed wiLj, neither blacks nor whites can be relieved from the slavery which the bill imposes upon them. Without pausing here to onsi^er the policy or impolicy of Africanizing the Southern part of our territory, I would simply ar^k the attention of Congress to that manifest, well-known, and universally acknowledged rule of consti- tutional law, which declares that the Federal Government has no jurisdiction, authority, or power to regu.ato such subjects for any State. To force the right of suffrage out of the liands of the white people and into the hands of the negroes is an arbitrary viola- tion of this principle. This bill imposes martial law at once, and its operations will begin so soon as the Genera! and his troops can be put in place. The dread alternative 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 says to them, take martial law first, ilien deliberate. And when they have done all that this measure requires them to do, other conditions and contingencies, over which they have no control, yet remain to be fulfilled before they can be relieved from martial law. Another Congress must first approve the constitutions made in conformity with the will of this Congress, and must declare these States entitled to representation in both Houses. The whole question thus remains open and unsettled, and must again occupy the attention of Congress, and in the meantime the agitation which now prevails will continue to disturb all por- tions of the people. This bill also denies the legality of the Governments of ten of the States which par- ticipated in the ratification of the amendment to the Federal Constitution abolishing slavery forever within the jurisdiction of the United States, 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 the consent of three-fourths of the States — the requisite number — has not been constitutionally obtained to the ratification of that amendment, thus leaving the ques- tion of slavery where it stood before the amendment was officially declared to have be- come a part of the Constitution. That the measure proposed by this bill does violate the Constitution in the particu- lars mentioned, and in many other ways which I forbear to enumerate, 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 they ought to be obeyed, for reassns which I will proceed to give as briefly as possible. 47 In the first place, it is the only system of free government which we can hope to have as a nation. When it ceases to be the rule of our conduct, we may perhaps take our choice between complete anarchy, a consolidated despotism, and a total dissolution 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 interests, and recognizing the authority of the States as the guardians of industrial rights, it is " the sheet-anchor of our safety abroad and our peace at home." It was ordained "to form a more perfect union, es- tablish justice, insure domestic tranquillity, promote the general welfare, pi.ovide tor the common defence, and secure the blessings of liberty to ourselves and our pos- terity." These great ends have been attained heretofore, and will be again, by faith- ful obedience to it, but they are certain to be lost if we treat with disregard its sacred obligations. It was to punish the gross crime of defying the Constitution, and to vindicate its STlpreme authority, that we carried on a bloody war of four years' duration Shall we now acknowledge that we sacrificed a million (.f lives and expended billions of treasure to enforce a Constitution which is not worthy of respect and preservation ? Those who advocated the right of secession alleged in their own justification that we had no regard for law, and that their rights of property, life, and liberty would not be safe under the Constitution, as administered by us. If we now verify their assertion, we prove that they were in truth and in fact fighting for their liberty, and instead of of brandidg their leaders with the dishonoring name of traitors against a righteous and 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, 18(51, 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 Con- stitution and laws ; and that when this was yielded by the parties in rebellion, the contest should cease, with the constitutional rights of the States and of individuals un- impaired. 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 acceptevl by the friends of the Union in the South, as well as in the North, as expressing 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 right 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 cannot voluntarily become a party. The evils which spring from the unsettled State of our Government will be acknowl- edged 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 impera- tively required that we should immediately decide upon some course of administration which can be steadfastly adhered to. I am throughly convinced that any set tl-ment, or compromise, or plan of action which is inconsistent with the principles of the Con- stitution, will not only be unavailing, but mischevious ; that it will but multiply the present evils, instead of removing them. The Constitution, in its whole integrity and vigor, throughout the length and breadth of the lard, is the best of all compromises. Besides, our'dutv does not, in my judgment, leave us a choi(;e between that and any other. I believe that it contains the remedy that is so much needed, and that if the co-ordinate branches ef the Government would unite upon 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 declare 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 House 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 Sena- tors and Representatives from any and all of the States, there can be no just ground ot H8 apprehension that persons who are dishiyal will be clothed with the powers of legisla- tion ; for this cduld not happen when the Con^^titution and the law are enforced by a vigilant and faithful Congress." " When a Senator or Representative presents his cer- tificate or 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 investigation to the appropriate committee. If admitted to a st^at, it must be upon evidence satisfactory to the House of which he thus becomes a member that he possesses the requisite constitu- tional and legal qualilications. If refused admission as a member for want of due allegi- ance to the Government, and return to his constituents, they are admonished that uoue but persons loyal the to United States will be allowed to vote in the legislative councils of the nation, and the political power and moral influence of Congress are thiis effect- ively everted in the interests of loyalty to the Government and fidelity to the Union." And is it not far better that the work of restoration should be accomjplished by simple compliance with the plain requirements of the Constitution than by a recourse to pleasures which in effect destroy the States and threaten the subversion of the General Government ? All that is necessary to settle this simple but important qunstion. with- out further agitatiou or delay, is a willingness on the part of all to sustain the Consti- tution and carry its provisions into practical operation. If to-morrow either brancb of Congress would declare that, upon the presentation of their credentials, members consti- tutionally elected and loyal to the General Government would be admitted to seats in Congress, while all 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 time, assur- ance were given that this policy would be continued until all the States were represented in Congress, it would send a thrill of joy throughout the entire land, as indicating the inauguration o' a system which must speedily bring tranquillity to the public mind. Vv'hile we are legislating upon sxabjects which are of great iinportance to the whole people, and which must affect all parts of the country, not only during the life of the present generation, but for ages to come, we should remember that all men are entitled at least to a hearing in the councils which decide upon the destiny of themselves and their children. At present ten States are denied representation, and when the Forteith 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, should induce us to pause in a course of legislation which, looking solely to the attainment of political ends, fails to consider the rights it transgresses, the law which it violates, or the institutions which it imperils. ANDREW JOHNSON. Washington, March 2, 1S67. vSmlZ..''°''OR£ss 013 ^^«HW/| 8 \ w L'BRARY OF CONGRESS 013 744 798 8 "Millllllll ^