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the United States was not there by the consent of those who were to be governed. It had not, therefore, any "just powers of government within the State of Tennessee. For, says the Declaration of Independence of our fathers, governments “derive their just powers' from the consent of the governed." It is further evident that, by this action, the Government of the United States denied the fundamental principle of popular liberty-that the people are the source of all political power. In this instance, it not only subverted the State government, but carried that subversion to the extent of annihilation. It, therefore, proceeded to establish a new order of affairs, founded, not on the principle of the sovereignty of the people, which was wholly rejected, but on the assumption of sovereignty in the United States Government. It appointed its military Governor to be the head of the new order, and recognized no civil or political existence in any man, except some of its notorious adherents, until, betraying the State, he had taken an oath of allegiance to the sovereignty of the Government of the United States. Now commenced a system of denial of unalienable rights, for the methods of the usurper are the same everywhere. Freedom of speech was suppressed by the imposition of fines on those using "seditious" language, and the demand of security for their future humility. The freedom of the press was suppressed by suspension of publications and the confiscation of the offices. Personal liberty was destroyed by arrests, imprisonment, and exile.

In process of time, an effort was made to erect a form of State government which should be subservient and subject to the United States Government. For this purpose, no one could be a voter until he had bound himself by an oath to support and defend the Government of the United States. Under the State governments, manhood, which came by nature, and residence, which came by one's own will, were sufficient qualifications for the voter.

It will be apparent from this statement that the voter's right to cast his ballot came not to him as an unalienable right, but rested upon the permission of the Government of the United States, as his sovereign, to whom his allegiance was due,

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AS THE LORD PARAMOUNT.

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and to whom he was required, in the first instance, to bind himself by an oath of allegiance without any mention whatever of a State government. Indeed, a little later, the same oath was required with additional conditions before a man was permitted to vote for a State constitutional convention, or for delegates to such a convention. These conditions were, that he would faithfully support all acts of Congress and all proclamations of the President of the United States, passed or made during the rebellion, having reference to slaves. Thus, the voter's right was made to rest, not only upon his binding himself in allegiance to the United States as his sovereign, but in the binding by oath his consent to certain unconstitutional acts and proclamations expressly designed to destroy one of the most important institutions of the State. This, sustained by a military force, was exacted by the United States Government as the lord paramount-the sovereign within the State. At the same time, the action of the voter, which should be perfectly free and unconstrained (for, under American political principles, he is the sovereign over all), is limited and bound down by an oath faithfully to support certain acts to which it was presumable he had ever been conscientiously opposed.

Under these circumstances, who was the sovereign in Tennessee? The Government of the United States. Where was the government of the State of Tennessee and the sovereign people? The former was subverted and overthrown, and the latter subjugated. The approval by Tennessee, under such circumstances, of Article XIII, as an amendment to the Constitution of the United States prohibiting the existence of slavery, was of no force; for consent given by a party under constraint has neither legal nor moral validity. The State Constitution was so amended as to contain certain new provisions prescribed by the Government of the United States by a so-called convention of delegates elected by the voters above specified, and then submitted to these voters, and said to be ratified by them. They were little more in numbers than a handful of the people of Tennessee. Was this a Constitution amended and approved by the consent of the people of Tennessee, the only sovereigns known under our institutions, or was it a Constitution amended

and voted for by a small fraction of its population acting under the authority of the Government of the United States, as the only sovereign in the State? Admitting, even, that those who voted for the amended Constitution were the only legal voters in the State, the Government of the United States was no less an unlawful intruder and usurper when it prescribed the amendments of the Constitution and designated the voters. Nevertheless, this work was recognized by it, as constituting a republican State government under the Constitution.

Let us next notice some points in the subversion of the State government of Louisiana. One of the earliest steps taken for a civil organization, after the occupation of New Orleans, was to make a registration of voters. The United States Government was in possession by military force, and the object was to secure its permanent supremacy. Therefore, the oath which was administered to the person applying for registration contained this condition:

"I now register myself as a voter, freely and voluntarily, for the purpose of organizing a State government in Louisiana, loyal to the Government of the United States."

It was also announced, with the approval of the military Governor, that any person swearing falsely to any material part of the oath would be deemed to be guilty of perjury, and be liable to prosecution and punishment. The effect of this measure was to secure a registration only of persons who would maintain the supremacy of the Government of the United States. A proclamation was next issued by the commander of the United States forces for an election of State officers under the laws and Constitution of the State. It was declared that these officers, when thus elected, would constitute the so-called civil government of the State, under the Constitution and laws of Louisiana, "except so much of the said Constitution and laws as recognize, regulate, or relate to slavery," which were also declared to be inoperative and void. It was further provided, in the same proclamation, as follows:

"In order that the organic law of the State may be made to conform to the will of the people and harmonize with the spirit of

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the age, as well as to maintain and preserve the ancient landmarks of civil and religious liberty, an election of delegates to a convention for the revision of the Constitution will be held," etc.

The effect of these acts was to establish a number of persons, pledged to support the Government of the United States, as the only qualified voters in the State, and to elect so-called State officers and delegates to a so-called Constitutional Convention by their ballots. But this was a work that could be done only by the sovereign people acting through their lawful State government. It was not so done, because the Government of the United States, with a powerful military force, had taken possession of New Orleans, refused to recognize the officers of the State government, and sought to capture and imprison them, although it recognized the validity of the State Constitution in part, and commanded these things to be done as if it was the ultimate sovereign over all.

Thus the government of the State was subverted, the Constitution of the State in part set aside, and the sovereignty of the people trampled down by a power that had no rightful authority for such acts. Subsequently, a so-called convention was held, a so-called new Constitution adopted, complying with the views of the Government of the United States, the amendment to the Constitution of the United States as above mentioned was adopted, the State Representatives were admitted to seats in Congress, and the people acquiesced in the fraud which they had not the power to correct.

The proceedings in the States of Arkansas and Virginia, which resulted in an entire subversion of the State Governments, the destruction of the sovereignty of the people, and the establishment of the supremacy of the Government of the United States, have been stated on a preceding page.

CHAPTER XLIII.

Subjugation of the Border States, Maryland, Kentucky, and Missouri.-A Military Force invades Maryland and occupies Baltimore.-Martial Law declared.—A Military Order.-Banishment from the State.-Civil Government of the State suspended.-Unalienable Rights of the Citizens invaded.-Arrests of Citizens commenced.-Number.-Case of John Merryman.-Opinion of Chief-Justice Taney.-Newspapers seized.-Houses searched for Arms.-Order of Commanding General to Marshals to put Test to Voters.-The Governor appeals to the President. His Reply.—Voters imprisoned.—Statement of the Governor.-Result of the Election.-State Constitutional Convention.-Emancipation hardly carried.-First Open Measures in Kentucky.-Interference at the State Election by the United States Government.-Voters excluded.-Martial Law declared.Soldiers keeping the Polls.-The Vote.-Statement of the Governor.-Attempt to enroll Able-bodied Negroes.-The Governor visits Washington.-The Result.— Arrests, Imprisonment, and Exile of Citizens.-Suspension of the Writ of Habeas Corpus by President Lincoln.-Interference with the State Election.-Order to the Sheriffs.-Proclamation of the Governor.-Enlistment of Slaves.-Emancipation by Constitutional Amendment.-Violent Measures in Missouri.-The Governor calls out the Militia.-His Words.-The Plea of the Invader.-" The Authority of the United States is Paramount," said President Lincoln.-Bravery of the Governor.-Words of the Commanding General.-Troops poured into the State. Proceedings of the State Convention.-Numberless Usurpations.— Provisional Governor.-Emancipation Ordinance passed.

Ir the State government is instituted with certain powers which become "just powers" by the formal consent of the governed, for the purpose of enforcing security to the unalienable rights of man, it must be evident that any interference with those rights by which their enjoyment is diminished, endangered, or destroyed, is not only an obstruction to the operation of the "just powers" of the State government, but is subversive of the purpose which it was instituted to effect.

In this manner the State government of Maryland was subjugated. A military force, under the authority of the Government of the United States, occupied the city of Baltimore at a time when no invasion of the State was threatened, and when there had been no application of the Legislature, or of the Executive, for protection against domestic violence, which circumstances alone could give a constitutional authority for this organized military force to occupy the State. The commanding

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