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others, then they will probably declare the new proposed amendment of the Constitution to have been adopted by the requisite number of States, excluding the ten Southern, and insist that what is now sought to be forced into State constitutions forms a part of that of the nation by virtue of this amendment. If necessary, they will doubtless admit all the Territories as new States, where they are sure they will be Republican, so as to have the requisite three-fourths. The old free States are certainly in danger of being deprived of their constitutional rights and privileges by a congressional revolution of the Federal Government. Is it to be supposed that, when the Republicans have made the negroes voters in all the States, they will omit to consider the question whether the small States are entitled to the same voice in the Senate as the large? No one can foresee the end of nominal Republicanism-which adopts the absurd theory of controlling society, instead of permitting society to control itself.

137.-ISSUES TO BE TRIED BY THE PEOPLE.

Every election has its issues, as much as every suit in the courts. But they are often false issues, the determination of which does not close the controversy. They are often got up and presented to deceive and mislead. All such issues leave the real questions undetermined and open for future controversy. Sometimes the real issues are skilfully concealed from sight, or covered up in words, intended rather to hide than to convey thoughts. For several years past, the Republican party has failed, in its platforms, to disclose its real intentions, and has misled the public by false issues. Not one of its platforms has disclosed the real policy subsequently pursued. This effort to conceal the real purpose of the Republican party will be again attempted. Unless the true issues are presented and pressed by the Democratic party, the voters will be again misled. The issues should be made up more from the acts than the professions of the Republican leaders. It often happens that the latter point in exactly opposite directions to their acts.

The Republicans have now been actors for seven years, and the issues grow out of their recorded acts. They are made de

fendants because of their illegal, impolitic, and unconstitutional proceedings. Their action is unauthorized, and they are called upon to defend and show it to be legal, which they cannot do, and the verdict and judgment must be against them. Among the charges, we enumerate the following:

1

FIRST. Congress violated the Constitution in passing the LegalTender Law.

The Constitution clothes Congress with power to coin money and to declare the value of foreign coins, but does not invest it with authority to declare any thing else a legal tender, and one of the amendments declares that all powers not granted, or necessary to the exercise of express powers, are reserved to the States or the people. It is not necessary for the execution of any power to make paper a legal tender. Besides, this act greatly diminished the value of all debts due to individuals, all annuities and salaries, and Congress has raised nearly all the latter, including its own in consequence of it, thereby increasing the expenses of the Government many millions annually. The Republican party cannot deny that they are guilty of this charge, or the evil consequences flowing from that guilt.

Before the party came into power, it assumed to be sectional. In other words, a convention was called to nominate President and Vice-President, on sectional grounds-the North against the South.

SECOND. By the Legal-Tender Act, the Government was pledged to redeem the paper issued under it in bonds payable in not less than five nor more than twenty years, with interest payable in gold, thus entering in to an expresscontract with the holders; and, without constitutional authority, Congress has repealed this part of the act, thereby violating the contract, and rendering this paper far less valuable.

This funding provision was necessary to give this paper credit with the people. It was printed on the paper itself, until the repeal of the law, leaving it without any promise on the part of the Government to pay or fund it, which the holders can enforce, except at its pleasure. Congress is authorized to borrow money on

contract, but has no authority whatever to violate or change that contract. This has been done to an enormous extent, at a very great loss to the holders and the Government. This charge can

not be denied.

THIRD.

The Tenure-of-Office Bill violates the Constitution in the six following particulars:

1. In forbidding the President to remove officers where he believes his duty requires him to displace them.

2. In requiring the President to report to the Senate his reasons for a removal, and requiring the restoration of the officer, when the Senate does not approve the reasons assigned.

3. In requiring the President to retain, against his sense of duty, his cabinet officers during his term of office, and in imposing them upon his successor for one month after he comes into office.

4. In making it a criminal offence to accept and perform the duties of any office not authorized by this act.

5. In declaring it to be a high misdemeanor for the President to issue commissions to appointees under the Constitution, if not permitted by this unconstitutional law.

6. In making it a criminal offence to allow, and pay for the services of officers duly appointed by the President under the Constitution, though not appointed in conformity with the requirements of this void statute.

These six provisions are unauthorized by the Constitution, are calculated to prevent the President from performing his sworn duty to see that the laws are duly executed; to produce insubordination among officials, and to continue incompetent men and rogues in office, and prevent the proper execution of the laws. It was passed to reward partisans by continuing them in office, when they ought to be removed for the good of the public service. No one can question that this law is void in these six particulars.

FOURTH. The Freedmen's Bureau Act and amendments are unauthorized by the Constitution.

The Constitution does not authorize any such Bureau. The revenues which can be lawfully raised are directed by it to be used for wholly different purposes. Congress is not authorized to

provide for the support of negroes or refugees, nor to give them lands which the owners do not occupy, nor to confer on the military the right to control the acts of the people in the Southern States in their business affairs, nor to close the courts of justice and substitute condemned military commissions. It is no justification for this unconstitutional act, that a previous like act had rendered something of the kind apparently necessary. Two wrongs cannot make a right. One violation of the Constitution can never rightfully excuse another. Even if the first were legal, it will not authorize what is illegal.

FIFTH. In refusing the admission of Senators and members, after the restoration of the States and after they had amended their constitutions by abolishing slavery, renouncing secession and the right to secede, and prohibiting the payment of the rebel debt, and assenting to the anti-slavery amendment of the Federal Constitution.

This refusal was in violation of the constitutional right of the States, and against the pledge of Congress, almost unanimously passed on the 25th of July, 1861, and the recitals in acts of Congress, and in Mr. Lincoln's proclamations and the decisions of the courts. The Republicans feared they should lose their power in Congress if they permitted the secessionists to be represented, and therefore they excluded twenty Senators and about fifty members.

SIXTH. In depriving the President, as Commander-in-Chief of the Army of the United States, of his right to command it as provided by the Constitution.

The Constitution in words makes the President Commanderin-Chief of the Army and Navy, but Congress, in the Army Appropriation Bill of March 2, 1867, deprived him of that power. He is not now permitted to order the General of the Army on duty as he thinks best, nor to issue orders except through him, and it forbids his removal, suspension, or assignment to duty away from Washington, except by his own request, without the consent of the Senate. Congress has made it a criminal offence to issue or obey orders not sent through this General. This provision is not only unauthorized by the Constitution, but is in conflict with its express provisions, and destructive of the subordination and effi

ciency of the army. It is through this void act that the Republicans in Congress control the Southern States by the bayonet power.

SEVENTH.

The three Reconstruction Acts are in violation of the letter and spirit of the Constitution.

1. These acts falsely declare that there are no legal governments in the ten secession States, and then divide them into five military districts, and place them under the command of military officers.

2. They authorize them to exercise all power, civil and military, and permit military commissions to try persons in civil life, contrary to the express decision of the United States Supreme Court.

3. They authorize the negroes and a limited number of white men to organize State governments which shall exclude a majority of white men from participating therein.

4. That the whole management of reorganization is under the control of the military, who act above all law.

5. The military are clothed with power to remove all civil and judicial officers and appoint others at will; and the General of the Army, and not the President, is made the Chief Executive to revise and control their acts.

6. That these district commanders, or officers under them, shall not be bound by the opinion of any civil officer of the United States-meaning the President, Attorney-General, or judges of

courts.

7. The President, who is sworn to see that the laws are faithfully executed, is excluded from the exercise of his constitutional duties, which are conferred upon military officers. He is thus deprived of the means of performing his constitutional duty.

EIGHTH. In creating a multitude of bank corporations, making them officers of the Treasury, and their bills a legal tender to the Government and among themselves, without the authority of the Constitution.

1. Outside the District of Columbia, Congress has no authority to charter a corporation.

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