Evening Star Newspaper, March 2, 1867, Page 2

The Largest Cirenlation in the District W. BD. WALLAC diter and Prepricter. WASHINGTON CITY: SATURDAY.............. MARCH 2, 1567, S27 READING MATTER OM EVERY PAGE. SEE OUTSIDE FOR INTERESTING | GRAPHIC AND OTHER MATTER. To ADVERT! The following is the official showing of the circulation of the daily papers of this city competing for the Government advertising ‘Under the recent act of Congress directing such Sdvertising to be made in the two dally news- papers of Washington having the larges circulation EvExine Star. 7,715 eopies per day. Chronicle... 5.00 “ Intelligencer... « “ The returns of advertising by the oity papers or the quarter ending December 31, 1866, as t®ken from the books of the Internal Revenue Office, are as follows: Evenine Stag. Intelligencer. Chronicle. +$13,107 + 9198 -« 9,183 -« 5338 THE RECEPTIONS. — The White House. ‘The Isdies of the Executive Mansion, Mrs. Stover and Mrs. Patterson, are at home every Monday. The Cabinet. The ladies of the family of Hon. O H. Browning, Secretary of the Interior, will re- ceive their (rends on Wednesdays, at the resi dence of the Secretary, on the east side o Montgomery street, Georgetown Heights. Secretary apd Mrs. McCulloch have issued | cards for two receptions, the first to be held on the evening of the 23d inst., and the second on | the 2d of March. Mrs. Postmaster General Randali will re- ceive at her residence, No. 407 New York aye- | Bue,on Wednesday afternoon re GOVERNMENT SECURITIES. “ aSHINGTON, Maceh 2, 1367. Jay Cooke & Co furnish the following quo- tations of Government securities: B — ng. Selling. 0 U. 3. 6's Coupon, 1381. ub U.S. Five Twenties, Ll ig ne | U.S. Five Twenties. 1564. W7X W8y | U_S. Five Twenties, 1945 use Wey U.S. Five Twenties, Jang. '¥65. 106 36 107 U.S. Ten Forties By uv Seven Thirt ley 106, 6 | XEW YORE FIRST BOARD SALES. -les 10.40" + 8 1W% 7.30's, Angust....105% «7% 730s, Jane 105, 08 «30's, July 105% | Gold... 138% | LIMITED PARTNERSHIP FILL. This important bill, Providing for limited | Partnerships in the District, has Passed both Houses of Congress, and only needs the sig- mature of the President to become a law. eae saccadic t tripartite Frise Pictvres—We have received trom Markriter, 4-6 7th street, some Temarkably fine fruit pieces in pastel, iastrating the wonder- fal pertection to which this branch of art has been carried. The peaches, grapes, cherries, pears, orawges, &e, depicted are so appeti- zimgly true to nature as to make the mouth Water in locking at them. Mr. Markriter so trequently renews the ob- jects of interest at his establishment that it is almost impossivle to keep the run of them Without daily inspection. His stock of gems of art is now so large and so varied and 80 iresh that persons wishing to get really good Pictures to furnish their homes elegantly can really supply themselves to better advantage there, strange as it may appear, than at the large estavlishments in the great metropolitan cities. Lest visitors to Washington, disgustea with the daubs put on exhibition at the Cap- itol, should imagine that no really meritorious pictures are to beseen here, we earnestly ad- vise them to pay a visit to Markriter’s rooms. ee ceases S7A large amount of matter 1s necessarily cTowded out to-day by the amount of space taken up by the important veto meseage of the President. ——$<—$_$_____ THE VETO of the tenure of office bill was received at the Senate at haif past one p.m., but up to two p. m., nad not been opened. — S7 President Johnson has issued a Pprocta, mation recognizing Nebraska as a State in the Union. ——$—$—— Last NIGHT of the engagement of the Webb sisters, at Wall's Opera House. They drew dunmeneely at their benefit last evening. ee ee CONGRESSIONAL. Sarurpay, March 2. SENATE. —The Senate met at 11 o'clock. Mr. Wilson, from the Uommittee on Military Affairs, was discharged trom the further con- \ sideration of a large number of bills, includiog bill to reorganize the cierical force of the War | ‘tment. be Committee on the District of Columbia was disc from the further consid ton of several bills relating to District m: ters. The unfinished business being to the bill to | increase the tariff on imported wares, was ‘hen taken up, the question being on the | amendment of Mr. Cattell to provide for a uni- mam inerenev-et on Per cent. on all imported articles except tea, coffee, sugar, molasses, iumber, coal, and railroad irom. Tbe amendment was di-agreed to, and the Dill was id by a vo @ of 31 to 12. Mr. P id then made the — from the | Comm itve on the Cankrupt bill, whieh was | coneurred in, and ihe bill now goes to the President. Mr. Sherman, trom the Committee of Con- ference on the compound interest note ball, made a report which was concurred in. (The repert reduces the amount of tempo- Tary certificates at ove time outstanding from. one hundred te Afty millions, and recedes from tbe Senate amendment prohibiting Na- tional pak from paying interest on de- its. Pat 130 p.m., the President's secretary ap- peared, aud retarued the tenure of office bibs, ‘With 4 meseage staung bis obyections thereto. Hovuss—Mr. Kasson (lows), Irom the Uom- mittee of Conferen: a the ing vote on the Indian Appropriation bill, and the re- port wes concurred in Mr. Farnswerth (Ill.) from the Conference Commitiee on the disagreeing vote on the Legietative, Executive and Jadicial Appro- Priation bill, submitted a report, which was Gisagreed to, and another Committee of Con- ference was ordered. At 1.35 p ™, a message was received from py ae Die unlted States, at the hands . Moore, bis private secretary. While Mr. Moere was delivering the mes- sage, Mr. Ashley (Ohio) said. sxcttogiy. load enough to be heard iu the galleries, « Where's Stevens! send for him at ones.” At 10 minutes of twooe'clock, Mr. McPher- son, Clerk of the House, commenced the read- ing ef the Presideut’s message vetoing the bill for the military government of the Sou:hera States. GovERson Swan's Resiexarrior. Ger roor Swann yesterday sent a message Maryland 4 dechin: the United States Senatorship for six years the 4:0 @ Was recently elected. He @ays tbe bonor had been comterred upon him ‘Withoat solicitation or ageacy on his part, and i! was bis intention to accept the office; but he bas been visitea by so many andsack urgent bo yy from tative men ef the State, that be did pot Lat liberty to consult aay in- dividual preferences of his own. He had no motive Se ae that — for a Moment influesce bim to disregard para- mount obligations to bis State. With some further expiavation be decliues Dopere snd sanounces his gubernatorial cbair. phere ee aera 300.—The Mexican Legation yesterday | PR official news from Matamoros, dated | on the 19tb » about the engagement of General Roche. at Gallinero, with Mejia’s | troops, wader Castillo. The official report reads as follows: After 8 complete | defeat by General Escobedo ai San Jacinto, on the 11th instant, Castillo retreated to with three thousand m General Rona, believing them to be demoralized, sent three hundred cavalry under Generals Herrers and Cairo to harrass them in poll A ight | cted, they were repulsed, Teac teing twenty of his men, and being him- self among the killed. THE EVENING STAR. | | be | and chain, and PRESIDENT’S MESSAGE. ne af cmtitied “Am Act te e More Elficient Gevern- of the Rebel States."* prnccieicall” conse To THE Hovss or REPRESENTATIVES - 1 have examined the bill ‘to provide for the more efficient government of the rebel States” With the care and anciety which its transcen- dent importance is calculated to awakea. 1 amunadie to give it my assent fer reasgas 60 grave, that] hope a statement of them may Dave come on the minds of the triotic and enlightened men with whom the decision must ultimately rest. The bili piacesall the ieof the ten States therein named under the absolute dom: Of military rulers; and the preamble takes to give the reason upon which ure is based, and the ground upon wh: is justified. It dec! that exisisin those States no legal governments, and no adequate protection fer life or property, and asserts the Recessity of enforcing peace and good order within their limits. 1s this true as matter of fact! it is not denied that the States in question Dave each of them an actual government, with the powers, execative. judicial, and legis- Jative, which properly belong to a tree State. They are organized like'the other State Union, and, hike them. and execute the merttic affairs. existing de facto gover ment, exerec'sing such functions 18 these, is itself the law of the State upon all matters within its jurisdiction. To pronoance the sa- preme law-making pewer of an established State illegal, is to say that iaw itself is aniaw- tut. The provisions which these Governments have made for the preservation of order, the Feesion of crime, and the redress of pri- vale Ibjuries, are In substance and principle the same as these wbich prevail in the Nerth- ern States and in other civilized countries They certainiy bave not succeeéedin prevent- ing the commiss on of ail crime, nor has this been accomplished anywhere in the worid. ‘There. as well as elsewhere, offendera some- times escape for want of vigorous prosecution, and occasivnally, perhaps, by the ineflicien of courts or the prejadice of jurors. [ts un- doubtedly true that these evils Rave been mach Increa-ed and aggravated, North and South, by the demoralizing influences of e:vil war, and the rancorous passiens which the contest has eugendered. But that these people are main- taining local Governments for thems+lves Which babituaily defeat the object of all gov- erpment and render their own lives and prop- erty iusecure, isin itself atterly improbabie, and the averment of the bill to that effect is not supported by any evidence which has come to my knowledge. Ali the information | have on the subject convinces me that the masses of the Souther people ana those who control their Pp ic acts, while they eutertain diverse opia- ions Ob questions of Federal policy, are com- pie‘ely united in the effort to reorganize their society on the basis of peace, and to restore | their mutual prosperity as rapidly and ascom- pletely as their circamstanees wilt permit. ‘The bill, however, would seem toshow upon Upon its face that the establishment of peace | sud good order is not its real object. The fifth | Section declares that the preceding sections sball ceate to operate in any State where cer- tain events shall have happened. These events sre—First, the selection of delegates to & State Convention by an election at which megroes shall be ailowed to vote. Second, the formation of @ State Constitution by the Uon- vention so chosen. Third, the insertion into | the State Constitution of a provision whieb will secure the right of voting at all elections to negroes. and to such white men as may not disfranchised for rebellion or felony. Fourth, the submission of the Constitution tor ratification to negroes and white men not Gistranchised, and its actual ratification by their vote. Fifth, the submission of the State Constitution to Congress for examimation and Spproval, amd the actual approval of it by tbat body. Sixth, the adoption of a certain amendment to the Federal Conetitauon by a vote of the Legisiature elected under the new Constitution, Seventh, the adoptien of ssid amendment by a sufficient number ef other States to make ita partot the Censtitutionof the Uuited 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 ful- filled, then immediately the pains and penal- ties of the bill are to cease, no matter whether tbere be peace and order or not. and without any reference to the security of life or proper- ty. The excuse given for the bill in the pre- aimble is admitted by the bill itself not to be real. The military rule which it establishes is plainly to be used—not for any pur, of order or for the prevention of crime, but solely as & means of coercing the people into the adoption of principles and measures to which it is snown they are opposed, and upon which they bave an undeniable right to exer- cise their own judgment. 1submit to Con; whether this measure 48 pot, in fts whole character. scope, and ob- ject, without precedentand without athority, im-palpable conflict with the plainest provi- ons of the Constitauon, and utterly destruc. fe to those great principles of liberty aud janity for which our ancestors on both sides of the Atlantic bave shed so mach blood and expended so much treasure. The ten States named ia the bill are divided into five districts. For each distvict an officer of the army. mot below the rank of brigadier general. is to be appointed to rule over the peo- ple; and be iste be Lied pare with an efficient mil force to enable him to peform his du- force bis seonty. thority, as defin tion of a bill, are, “to their rights of on and property, tosuppress insurrection, disorder and violence, aud to Punish or cause to be puaished all disturbers of the public peace or criminals.” The pewer Those duties by the third sec- rotect all peraous in thus given to the commanding officer over all the people of each district is'that of an abso- lute monarch. His mere will is to take the Place ofalllaw. The law of the States is now jubjects placed Under Bis centrol, and that is complete Placed by the clause wbich declares terference of state and void. the only rule applicable to the dis- 1 ine He alon t, and he may distribute them without let or hindrance to whom he pleases. Being bound by mo State law, and there being no other law to regulate the sub- ject, he may make Triminal code of hisown: and be can make it bloody as any recorded tory, or he ci reserve the privilege of acting upon the impulse of his private pas- sions in each case that artses. He is bound by 0 rales of evidence; there is indeed no pro- vision by which he is autherized or required to take any evidence at all. Everything is a crime which he chooses te call so, and all per- sons are condemned wnom he pronounces to be guilty. He is not bound to keep any record, or make any re, of bis proceedings. He may arrest bis victims wherever he finds tnem without warrant, accusation or proot of pro- bable canse. If be gives them a trial before he inflicts the punishment, be gives it of his grace ee not because he is commanded so to 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 net the case. The officer “may allow local civil tri- banals to offenders,” but of course this does not req uirethat beshall do so. or Federal court Ifany Stave resumes to exercise its legal jarisdiction trial of a malefactor with- out bis permission. he can break it up, and punish the jadges and jarors as being themselves malefactors. He can save his friends from justice, and despoil bis enemies contrary to 4 itis Provided that “he shall have power to organize military commissions or tribunals: but this power he is not commanded to exer- cme. It is merely permissive, and ts to be used only “when im his et it may be neces- sary for the trial of offenders.’ Even if the sentenee of & commission were & pre- requisite to the punishment of a party, it would be scarcely the slightest check the officer, who Er ae ae to organize ine he pleases, prescr mode { gpeany- a Ls E 8 Own sub- int its members from and revise at its ns. Instead of mitigating the barebuess of his single rule, suck a tribunal would be used mach more probably se dtvide the responsibility of making more cruei and unjust. Several provisions, dictated by the hamanit: of Congress, have been inserted in the bili, spparently to restrain wer of - soangemen. but teens to me teat a are of no avail for thas ose. The section provides— First. ‘Pnat trials shall not be ui delayed; but i think I have shown that the Be prego pee ‘with- out trial, and if vo, tiris Meut is not to be inflicted: but who what is cruel and what is anasual? the courts. Gan it be expected Yast fa expe at military officers will understand or follow a r ex- ressed im jaoqeege So purely technical, and tp riaming @ least degree to their pro- i? If net. then each officer may define cruelty accerding to his own temper, and if it is not usual, he will make it usual. ponisbment, imprisonment, the gag, the ball ea pines it te Free gpedvey forms ot torture inven’ mi Pry nt, hia. tue sou’ The words wi bin the range of choice. tensc-ags commmioane is not to be executed without bet the commander, ff it afiects fife or liberty; and @ sentence of death must be approved by the President. This applies to cases in which there has been a trial and sentence. I take it to be clear, under this bill, that the military commander may coademn deatn without even the form of @ tral by a m itary so that the li’ of the ¢ Bdemphes they Gepena upon tse wil of tao men, turt ad of one. It's cla mat tbe authorivy here given to the mi itary offi-er amount: oabso uie despotism. Bat to makeit still more uneadurabie. the bili Provices that it may be delezared toa, many subordinates ss be chooses to appo nt; for it declares tbat he shaltpunish or cau-e fo be Puuished " Such a power has not b-en w.eld- ed by ony monarch in England for more than five hundred years. In all that time no pro- le who speak the English language bave Pores such servitude. it reduces the whole popalation of the ten States—all , of every color, sex. and conditiou, and every Stronger within their limits—to the most ab- jectand degrading slavery. No master ever bad a control so absoluté over his slave: as this Dill gives to the military officers over both ‘wh'te and colored persons Itmay be answereuto this that theofiicers of the army are too magasunimous, jus, and bu- mMAne 'ooppress and trample upon asubjugated people. I do notdoubt that army officers areas Well entitled to this kind of confidence as any other class of men. Bat the history of the world bas been written in wain, if it does vot teach us that unrestrained aathbority can never be eatfely trusted in human hands. It is al- most s to be more or less abused under any circum: ces, and it bas always resulted in gross ty ny where the rulers Who exercise it are strangers to their subjects, and come among them as the representatives ofa distaut power, and more especially when the power that sends them is untriendly. Goverments closely resembling that here proposed have been fwirly tried in Hangary and Poland,and the suffering endured by those people roused the sympathies of the entire world. It was tried in Ireland, and, though tempered at first by principles of Erglish law, it gave birth to crueities so atrocious that they are meyer re- ceunted without just indignation. The French Cenvention armed its deputies with 'his power, and sent them to the Southern da- partments of the Kepmblic. The massacres. murders, Ang otker atrocities which they cont. mtited show what the passions of the abiest men inthe most civilized society will tempt them to do wuen wholly anrestrained by law. ‘The men of ourrace inevery age have strug- giea to tie up the hands of their Governments and keep tbem within the Inw: becanse their owa experience of all mankind taught them that rulers could not be relied on to concede those rights which they were nollegally bound to respect. The head of a great empire bas sometimes governed it with a mild and pater- nal sway; but the kindness of an irresponsible deputy never yields what the Iaw does not rom bim Between such a master and the people subjected to his domination there can be nothing but enmity; hé punishes them if they resist bis anthority, and, iftney submit to it, be hates them for their servility. 1 come now to a question whicd 15, if possi- ble, still more important. Have we the power to establish and {carry into execution a meas- ure like this? I answer, certainly not, if we derive our authority from the Constitution, and if we are bound by the limitations which it IMposes. This proposition is perfectly clear—that uo brauch oi the Federal Government, executive, legislative, or judicial. can have any jost powers, except those which it derives through und exercises under the organic law of the Union. Outsid~ of the Constitution, 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 all eur functions, and Aapphes to all subjects. It protects not only the citizens of States which are within the Union, bat it shields every human being who comes or is brought under our jurisdiction. We have no Tight to do tn one pixce, more than in another, that whieb the Constitution says we shall not do at all. If, therefore, the Southern States were In truth out of the Union, we conld not treat their peapie in a way wuich tae fanda- mental law forbids. Some persons assume tnat the success of our arms in crushing the opposition which was made in some of the States to the execution of the Federal kaws, reduced those States and all their people—the innocent as well as the guilty —to the condition of vassalage, and gave us § power over them which the Uonstitution does not bestow, or define, or limit. No fatlacy cag be more transparent than this. Our victorie3 subjected the insurgents to legal obedience, Bot to the yoke of an arbitrary despotism. When &n absolute sovercign reduces his rebellions subjects, he may deal with them according to his pleasure, because fe had that power be. fore. But when a limited monarch puts dowa An insurrection, he must still govern accordi < tolaw. If an insurrection should take place in ope of our States against the authority of the State government, and end in tne over- throw of those who planned tt, would that take away the rights of all the people of the coun. ties where it was favored by a ora ma. jority of the populatien ! Could they, for sucn & reason. be wholly outlawed and deprived of their repret entation in the Leg:siature? Ihave alwsys conte.ded that the Government of the United State was sovereign within its consti« tution: phere; that itexecuted its laws, like the States themeelves, by applying its coer- cive power direcuy to individuals; and that it could put down insurrection with the same ef- fect as o State,and noother The Opposite doctrine is the wors' esy of those who ad- Vocated secession, and cannot be agreed to Without admitting that heresy to be right. invasion, insurrection, rebellion, and do- mestic violence were anticipated when the Government was framed, and the means of Tepelling and suppressing them were Wisely provided for in the Uonstitution; but it was not thought necessary to deciare that the States in which they might eccur shonid be expelled from the Union. Rebellions, which were in- variably suppressed, occurred prior to that outof which these questions Frew but the States comtinued to exist and the Union re- mained unbroken. In Massachusetts, in Pesn- sylvania. in Rhode Island, and in New York, at different periods in eur history, violent aud armed opposition to the United State> was carried on; bat the relations of those States with the Federal Government were not sup- posed to be interrapted or changed thereby, after the rebellious portions of their popula. Wom were defeated and put down. It is true that in these earlier cases there was no for- mal expre«c1on of & determination to withdraw from the Union, but it is also true that in the Southern States the ordinances of secession were treated by all the frends of the Union as nulities, and are now acknowledged to by the States themselves. lf we admit that th force or validity. or that they did in fact take the states in which they were out of the Union, we from under our feet all] the grounds upon which we stand in justifying the use of ral force to maintain the integrity of the Government. ‘This is @ bill passed by Congress in time of | sa . There is not in any one of the States ought under its operation either war or in- rurrection. The laws of the States and of the Federal Government are all im undisturbed and barmonions operation. The courts, State and Federal, are open, and in the full exercise of their proper authority. Over every State comprised in these five military districts, life, liberty. and ptoperty are secured by State laws and Federal laws, and the national Constita- tion is everywhere in foree and everywhere obeyed. What, then, is the ground on which tors bill ist The title of the bill an- ounces that it is intended «for the more effi- cient government” of these ten Sistes. It is recited by way of preamble that no legal State veraments, “nor adequate tection for ate or preperty ” exist in thore 8, and that Binee and gooterter she be thus enforced. he firet thing which arrests attention upon these recitals. which prepare the way for mar- al law, is thie—that the only foundation apon which martial law can exist under our form of Government is not stated or so much as pre- tended. Actual war, foreign invasion, do- mestic insurrection—none of these appear; and none of these in fect exist. It is mot even ré- cited that any eort of war or insurrection is Urreatened. Let us pause here to consider, Upon this question of constitutional law and the power of Congress, a recent decision of the : Teper United States in ¢z parte illigan, { will first quote from the epinion of the majority of the Uourt: --M: Jaw cannot arise from @ threatened invasion. The neces- sity must be actoal and present, the invasion real, such as effectual! Geposes the civil administration.” We see that martial law comes in only when actual war cleres the courts and deposes the ci vil authori- ty; but this bill, in time of peace, makes mar- tial gn mere thongh we were in actual ‘war. and become the cause instead of the conse- quence of tbe abrogation of civil authority. One Mere qguofation: “It follows from whathas been said on this subject that there are occa- sions when martial law can be properly oP. pled. If in foreign invasion or civil war couris are actually closed, and it is impossible to administer criminal justice fetes cathe law, then, om the theatre of mail is @ necessit, civil authority, thus over th TOWM. to preserve tety of the army and society: and as nO power is Jeft but the military, it uw al- lowed to govern by martial rule until the jaws can have their course.” 1 now quote from the opinion of the Minority of the Court, delivered by Chiet Justice Onase: “We by no —— begga et ge ee can es- tablisd and y * where-no war bas bern jeclared or exists, ‘Waren exists, the laws of must prevail.” This is sufficiently explicit. Peace exists iy all the territory to which this bil) op Hies, It asserts a wer in Co) in time 0 setaside Foeinws of nd to substitnte ry of war. The minority, c Tring with majority, Geclares that does not pos- sess that . Again, }, if possible, more emphatically, the Ohiet Justice, with re. markable clearness and condensation, sums up the whole matter as follows: “There are under the Consutution three kynds of military jurisdiction—one to be exer- cised both in peace and war; another to be ex- ly closes the courts and | al! ercied im time fore war without the Loundaries of the United 8 ates, or in time of rebethon apd civil war within Statesor di ‘Ficle occupied wy rebels treated as ents; and a@ bi smyasion or } Trec! the United Sts or during rebellion w.tria the Inmits of the Sates maintain: adbesion ‘o the National Governmeut, when the public danger requires ita exercise. im acts of Uon; ing rules and articles of war, or otherwis+, Providing for the government of the lorces iH Be may pnt Governmen deemed ex; ciwed by the mila’ ‘ary commender under the di. rection of the Preeideut, with the express or implied sanctin of Congress; while the taird may be denom nated Martial Law Proper, and is calied inte action by Congress, or temporarily, when the action ot Congress capnotbe invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion or of civil or foreign war, within districts or localities where ordinary law no longer adeqnately secures public safety and private rights."" It wilt ve observed that of the three kinds of military jurisdiction which can be exercised or created unger our Cons'itution, there is but one that can prevail in time of peace, aad that is the code of laws enacted b: Geaame for the government of the national forces That body of military Jaw bas no application to the citi- zen. DOr even to the citizen soldier enrolied in the muitia im time of peace. Bat this bill is Bot a part of that sort of military law, for that applies coly to the soldier and not to the citi- ven, whilst, contrariwise, the military law provided by this bill applies only to the citizen and net to the soldier. 1 need not say to the Representatives of the American people that their Constitatjon for- bies the exercise of judicial power in any way but ope—that is by the ordained and established courts. Itisequally well known that in all criminal cases a trial by jury is made indis- Prucable by the express words of that instru- ment. Twill not enlarge om the inestimable value ot the right thus secured to every free. men, or speak of the danger 10 public liberty in all parte of the country which must ensue Ircm @ denial of it anywhere or upon any pre- tense. A very recent deci-ion of the Supreme Court nas traced the bi-tory, vindicated the dignity, and made known the value of this eTeat privilege co clearly that nothing more is needed, To what exteni a violation of it might be excused in time of war or public danger may adinit of discussion, but we are providing bow lor atime of profound peace, where there is Dot ar armed soldier within our borders except those who are in the service of the Government. It is in such a condition of things that an aot of Congress is proposed which, if carried out, would deny a trial by the lawful courts and juries to nine millions ot American citizens, aud to their posterity for an indefinite period. It seems to be scarcely possible that any one should seri. ously believe this consistent with a Consti- | tution which declares in plain, and unambiguous laugurge, that ali persons shall bave that right and that no person shail ever in any case be deprived of it. The Con. stitution also forbids the arrest of the citizen without judieial warrant, founded on prob- able cause. This bill authorizes an arrest wi'bont warrant. at the pleasure of a military commander. The Constitution declares that “no person shali be held to answer tora cap- ital or otherwise intamous crime unless on presentment by a grand jury.”? This bill holds every ‘son, not a soldier, answerable for all crimes and all charges without any present- ment. The Constitution declares that “no per- son shall be deprived of lif, liberty, or prop- rty withont due process of law.” This bill s aside all process of law, and muke> the citizen _ answerable in bis perzon and property to the will of one man, and as to his life to the will ot two. Finally, the Gonsttut.on declares that “the privilege of the writ of Aabeas corpus sball not be suspenaed unless wher, in case of rebellion or invasion, the public safety may require it;’ whereas this bill deciares martial law (which of itself suspends this great writ) in time of peace, and authorizes the military to make the arrest, and gives to the prisoner ouly one privilege, and that isa trial “without mnnecessary delay.” He has no hope of re- lease from custody, except the hope, such as it is, of release by acquittal betore a military commission. The United States are bound to guarantee to each State a Republican form ef government, Can it be pretended that this obligation is not palpably broken if we carry out a measure like this, which wipes away every vestige of repubiican government in ten States, and puts the life, property, liberty, and honor of all the people in each of them under the domi- nation of @ single person clothed with anlimi- ted authority? The Parliament of England, exercising the omnipotent power which itclaimed,wasaccus- tomed to pass bills of attainter; that is to say. it would convict men of treason and other crimes by legislative enactment. The person ocr ip ype regan) ® patient and fair one; but gene: iy Fen Prejudice prevailed, instead of justice. It often became necessary for Parliament to acknowledge its error and reverse its own action. The tathers of our country determined that no such th should occur here. They withheld the wer from Congress. and thus tor its exercise by that body; and they provided in the Qonstitation that no State should pass any billofattainder. I: is, there. fore, impeesibie for any;person in this country to be comsti\utionally convicted or punished for any crime by a legislative preceeding of any sort. Nevertheless, bere is @ bill of at- tainder against nine millions ot peopleat once. It is based upon an accusation so vague as to be scarcely sateliigible, and found to be true Upon no credible lence. Not one of the nine millions was beard in his own detence. The representataves 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 bundreds of thousands, aud degrades them all—even those who are admitted to be guilt- —_ from the rank of freemen to the condition of slaves, The purpose and objectof the bill—the gene- ral intent which pervades it from beginning to end—is to change the entire structure asd eharacter of Sg Sige mn — to eom) them force ion of or- zante laws and regulations which they are un- See or Se enero Begroes have not e oO voting—the vast majority of them have no idea what it means. This bill not only thrusts it into their hands, but eompels them, as well as the whites, iy oo is in fe Sartonien: on sya ir they do mot form a m with pre- seribed articles in it, and afterwards elect a Legislature which will act —_ certain Measures in @ prescribed way, ther blacks nor whites can be relieved the slavery which the bill imposes wpon them. Without pausing here to consider the policy or impolicy of Atricanizing the Southern part of our terri- tory, 1 would simply ask the attention of Con- gress to that manifest, well-known and uni- versally acknowled rule of constitutional law, whieh declares that the Federal Go bas no jurisdiction, authority or power regulate such subjects for any . To the right ot suffrage ont of the hands of the white people and into the bands of the negroes is an arbitrary violation of this principie. This bill imposes martial law at once, and its operations will begim so soon asthe Gen- eral Sod his troops can ee ieee: The dread alternative between titled to represef.ation in both Houses. The whole question thus remains mn and unses- tled, and must again occa, attention of senile byte vn the peed the agitation which now oes mot continue to disturb ] ; . Constitution abolisiing slavery the jurisdiction of the United and @zc’udes them from the Union. If this assumption of the bill be cor- rect, their concurrence cgnnot be considered as having been ought to be obeyed, for reasons which J will ‘octed as as pesnble, TS a ge, it is the on! item of free goverment which we can to have as nnation. ‘Den it cesses to be the of our con Na ay by. f pasholaseh a a total a to the genius, habits, or wants of the American people. Combining the strength of a great mpire with unspeakable blessings of local self-government—haying & central power to I i ‘Siates will be allowed a voice in the simple compli: ments of the States, General Government? All tha’ is question, without farther is a willingness tain the Constitution and carry its provisions mto practical eperation. If to-morrow either branches of Congress would declare that, i the presentation of their credentials, members consurationally eleeted and loyal te the Gene- ral Government would be admitted to seats in while all others would be excluded , and their places remain vacant until the se- deetion by the Persons; and if, Was given that this policy would be continued until all the States were reprecented in Con- gress, it would send a thrill of joy throughoat the entire land, as indicating the inauguration of qu Congress, iem . O. eon, Sar evaaneray etend the gemeral it ere-#, the Buthority ot the & at {-rmM amore perfect u organ om, st ube leh justice, insure domes sc tay qukuy, pro Mote the geueral wellire, provide for tie com- mon defense, ure the blessives of lib erty 10 oursel to OUF posterity.” These great ends have beem atrun d her-tofor, sad ‘Will be ag: »Y {Rebtel obedieare tot, bot they are ce in to be 1st if we ‘reat with ds- regerd i's sact+d ob tgs toon. Ii waste punish thé gross etime of de'ying 'he Constitution, amd-to “vindteate its saprene autbority, that we carried on a bioody war of four years’ dura‘ion. Shall we now ackno #1. edge that we sacrificea @ million of lives and expended billions of treasure to enforce a Con- e+eton whieh is mot worthy of respect and preeervation 7 Toore who advocai-d the right of secession Alieged iv their own justification that we bud bo regard for law, and that their rights of Property; Nf, and liberty would not be sate under the Uonstitution. as administered by wu lf we now verify their tion, we preve that tbey were m truth and in tact fighting for their Liberty and instead of az their leaders wi'b the dishonoring nam of travors Against a righteous and jegal Government, we elevate them im history to the ravk of self- Tio's, consecrate them to the ad. the world, aod p!ace them by the side of Washington, Hampcen, and S: ney. No, let us leave them to the infamy they de. serve, punish them as they oald be pun- ished, sccordipg to law and take upon oar. selves po share of the odiam which they should bear alone. Oltisa part of our public history which can Rever) © forgotten that both Houses of Con. | gre: , ia July, 6), declared in the form of a soir mn resolution that the war was and should be carried on for bo purpose of sabjugation, but -olely toentorce the O omstitu'ion and law : and that whew this was ylelded by the parties im Tébellion, the contest should cease, with the constitulional rights of the States and of indi- vidoals unimpaired. This resolution wus agopted apd sent forth to the world unaut. mously by the Senate sad with only two dis- Senting voices in the House. It was accepied by the friends of the Union in the Soutn. as well as in the North, as expressing honestly and truly the object of the war. On the raita of it, many thousands of persons in both sec- tons gave their lives and their fortanes to the cause. To repudiate tt now by refusing to the States ang tothe individuals within them the Tights which the Constitution aud laws of the Union would secure to them, is a breach of our plighted honor for which I can imagine ne excuse, and to which 1 cannot veluatarily become a party. The evils which spring from the Bnsettied state of our Government will be acknowi- edged by all. Commer, imlercourse is im. peded, capital isin constant peril, public se. curities fnermate im value, peace itself is not secure, and the sense of moral and polineal duty is impaired. To avert these calamities from our country, itis imperatively required that we sbould immediately decide upoa some course of admini-tra ion which can be stead- fasuy adhered to. 1 am thoroughly convinced that any settlement, or compromise. or plan of action which is incepsistent with the princie ples of the Constitution witl not only be una. vailing. but mischievous; that it will batmal- tply the present evils, instead of removing tbem. The Constitution, in its whole integri- ty and vigor, througbout the Jeng! hand breadrh orthe land, is the best of all compromises, Besides, our duty does not, in my jadgment, leave us a choice between that and any other I believe thatit contains the remedy that so much needed, and thatif the co-ordinate branches of tne Government would unite upon its provisions, they would be found broad epough and strong enongh to sustain in time of peace the nation waich they bore safely through the ordeal of a protracted civil war. Among the most sacred guaranties of that imstrument are those which declare that ate shall have at Jeast one Represen- tative,” and tha’ “no State, without its con. Sent, shall be deprived of t's equal suffrage in the senate.” Each House is made the “judge of the elections, returas, and qualifications of its own Members,” and may, * with the con. currence of two-thirds, expel a member.” Thus, as heretofore urged, “in the admission of Senators and Representatives trom any and all of the States, there cau be no just ground of apprehension that perrons who are disloyal will be clothed with the powers of legisiauon; for this could not happen when the Consti- tution and the laws are enforced by a vigilant and faithful Congress” + When a Sepator or Representative presents his certificate of election, he may at once be admitted or re- jected: or, should there beany question as to eligibility, his credentials may be referred tor Imvestigauon to the appropriate committees. If admitied toa seat, it must be Upon evidence satisfactory to the House of which he thus be- comes & member, that he possesses the re- guiesite constitutional and legal qualifications. if refused admission as a member tor want of due allegiance to the Government, and re turned to Dis censtituents, they are admon- isbed that none but persons loyal tothe United in tive Councils of the Nation, and the political power aud moral influence of Congress ar thos we exerted in the interests of loyalty to the Government and fideli~ the Union.” And is it not far better that the work of restorauon should be accomplished by ce with the in require- nstitation, than by a recourse to messures which in effect destrey the and threaten the subversion of the peces- to settle this simple bat important agitation or delay on the part of all to sus- ple of loyal and qualitted al the same time, assurance system which must speedily bring tran- -y tothe pabhe m While we are legislating upon subjects whieh stent inet eparmace to the whole people, and w. not only during the life ot the present genera- tion, but Jor ages tocome, we should remem- ber that all men are entitied at least to hear- ing in the ceuncils whieh decide u: Uny of themselves and their children. At present ten States are denied representation, and when the Fortieth Congress as-embles on the fourth day of the presegt month, sixteen States will be without a yoice in the House of Representatives. This grave fact, with the important questions before us, should indnee us to pause in acourse of legislation which, looking ends, {ails to coi - es, the law which it viol&tes,or the instita- tion which it imperils. ich must affect all parts of the couatry, n the des. ly to the attainment of political der the rights it tran AXDREW JouNsoN. ‘Wasrnixc?on, March 2, 1867. a Meodng wil wotcia CATS w! | atTo . in the Coun- bo and y ww A a A wilt im BY- Hemet rae omer 10th eed D ote., 9 and, AX MOMMING, March 34, at ii e’clec! ae th ‘Will open at 755 p.m. Free to the SSSR GF EMD Thread ae our, [reeeeine sassare Sv1 TOURDRY M_¥.ORUROH aertt sit i eect x ted Lt a of missiope will be made | Middlieg uplands are quoted Lz = ng a sing pegbeeeteaee i rr of ad eisameteraecs tres, ote lon for tae = . Lanshan, m. ee bythe Bev Dr — FL free from the taste or sereli of liquors. ready for issue, fem st large d our busin: and ere ee y= ! TREBS! TREES! pp seoretion or TELEGRAPHIC NEWS, FROW EUROPE. Mian ina Bad Way—Russiaes the Question—Financial and Com. mercial. (By Cable to Associatea Press Panis, March 2—Noon.—A esdie despaten bas bern received here trom Vera Ornx witen ales that Commanication between that cily and the capital hed veen entirely cut off. Tae Emperor Maximilian is, conse ently, forpidden transmission of despatches to Europe giving Opinions on the state of the coun iry lest they may tal! into the bands of the Liberais Sr. PeTerssurs, March 2—The morning Papers to-day AnvOUNer iMat the Uzar of Ras. sin pad strongly urged the sublime Parte vo cede the Isiand of Canaia to the Graeks Loxpvos, March 2—Noom —Consois, 9 36 y; inois Cen'ral, 764; US 73. VEKFUOL, March Y—Noon—The cotton market opened firm. Sales to-day will reach S400 bales. Prices remain unchanged, ang 1344; mia Breadstoffs market ‘Wheat firm at 13s. 34 Provisions—Lard quiet and steady « Su. 64. per cwt; Bacon, 438. per owt, for Amer Eries, Olimg Orleans ee ne INTERNAL REVENUE. —The receipts from this Source te-day Were $1,273,110.5°; making the total amount for the week ending lo-@ay, 4.66) 252.01. S7 Mr. J.D. B. Deliow, the editor of De Low's Review, died Thursday, afer a brief ill- ness, at Elizapeth, N. J Ki WM. DUL@E ana T Minma Indian Tre Onip wil be present in oa Sabu cottons with wsfres it Bc heel clasecs will preseo emblems, mottos. om TUESDAY, Mare ‘The degree of Doctor red on the cv nire. President of es to tue Graduating Ciaes will beds livered by Professor J Mliot, M.D. and the vale dictory be delivered by W. O Pilden.o dustes The profession and public are te tially invited to atte: 4 HOUSE. The Third Lecture will be delivered on SUNDAY EVENING. March 3, 1567, eight o'clock, by the BOWARD McGLYNN,D. THE OHRISTIAN SOROOL.” ;\ The word as taught by Christ, and the effect of his teaching upon ii, contrasted with tue world ae taught by pageu or uuchristian schvvls.’ Bingle Admixsion. Led) and Gentleman Tickets for the Lect good for thie Lecture. lem tH » A AY EVENING. M Missiocary Association, mecting. Hon. Senator H The weeting wil be addressed by Hou Senator WIEBON, of Biase. and by Ma). Gen SOWakD. Will be pertormed by the Jhotr. ani 50 cont. mrt dows? Hall sre i hol iw RIS will presi. by the children of the Sumlay Bono», ‘he pib ae eee to Cwmmene: at 7%, o'clock. invited ‘tt; w ceote ted yo ae! ton PO a ance of a act of Oougres. approved Febra- 1857, entitled © An act to idlegal vo- the District of Columtia, en fof other "are Feuuceted to meet in th Post Othee De; ior the purpose of orenmining and tate, e _Mareh 1, 1567. 87 Ps ie me MUTUAL BUILDING as. SOCIATION .—The seeoni meeting of this Association will be held at Queen & Abel’s Hail, K street. near 7th, on MONDAY EVENING, March sth, at 7 o'clock. The number of shares is Nmited to 1 500, end 100 were subscribed for at the firet monthiy mecting. Subseribers or others wishing to take stock. are invited to attend, Vertiticates and @onstitations fom! ©. W. MOBRIS, Secretary. FAIR OF EAST WASHINGTON MB. ca opD LLOWS" AV U258 RARE. fe FEBBUAB! to thet ‘ed vefore—expressly to parties amounts Large store rooms, shies A Private ofige connected for ell Money advanced on Gold and Bilver Watches, Diamonds, Bllverware, Jewelry, and on oll kinds iso, on Bonds, Stocks, Serips, Government Se- . Loans nade by day or week OB merchandise eub- = Acrapgiments have bean made by which tee Titec sa FOU! Petaeer font Fine variety of SHADE TEBES mh 2-66 . Notice is hereby given that the firm b existing under the peme and style of D: Be — ‘was disect wed by Tmutuel coneen: tom the 26th rpRerEnancs GROCERY STORE. A.8. TAYLOR & CO, Maving removed their Temperance Store from Capitol Hill te the eid stand formerly occupied by 8 Duvall, corner of 20th and I streets, First Ward, are prepared to supply their friends and the public generally, with FAMILY GROCERIES. mh 2-3t* JE WABT OF TRUNKS THAT WILL STAND : BAILBOAD BBAGB, Bhoeld purchase ¥ — a ante LE . TRAVELING BAGS, ae., ac., (At the practical aid extessive Masufsatory of ‘JAMES 8. TOPRAM 2 00., w500% SEVENTH STREET, IDE, ONE DOOB ABOVE ODD FEL cad . a Lows’ Bau. ‘Tranks,éc., promptivend thoroughly repaired. fem a J BecEIvEDe jogs NEW MAPLE *Wour COMPANY, parsrcras’s HAND-BOOK OF PBACTIOR 18. or FEANCK TATLOS.