The Columbia daily phoenix. [volume] (Columbia, S.C.) 1865-1865, 1865-05-23

aOOptlon oE tIfe coDsCituCeU authorities OF
this State, The publication of your letter
gives wide circulation to these opinions
and these recommendations They will
both be received by the people of the
State with the respect due to them, be-
cause of the large experience and wide
observations Of the source from which
they have come. And it is only because
the recommendations you make are cx-
posed to certain objections. which / am
sure were not known to you. but which,
nevertheless, render them impracticable,
that it has seemed to me proper to conmu.
nicate publicly to You the difficulties which
prevent she adoption Of either of Your re
commentators.
They are, as understand them, from n
quick but yet attentive perusal, that tl)
the Legis lature should be convened for tn.
purpose of estoring the State to its for
mer condition, as one of the United States;
and (2) that the Governor should, by his
proclamati declare that the Constitution
and laws of the United States are now Of
force within the limits Of this State
| quite agree with you as TO the neces-
sity which exists for meeting of the Lee
g'slature But YOU are not aware that to
the proposition Of Gov. Brown requesting
the PERMISSION of the President of the
United States for the meeting of the Lcgis-
iature of Georgia, n distinct refusal WAS
given. And Gen. Wilson. in communcat.
ing the reply of the President of u.
United States to Gov Brown, informed
him that if any members of the State
Legislature would obey his call for meet
ing of that body, they would be arrested.
Earnestly de>irous Of having the aid Of
the State Legislature at this important
crisis in the direction OF the public con
duct Of the State, and feeling that it be-
longed properly to that depari,r ent of the
Government of the State to instruct me in
regard to that conduct, ] communicated
by telegram with Gen. Johnston IN the
early part of this month, and inquired of
him whether, if the Legislature were called
together, it would be disturbed in its sit
ting. Gen. Johnston answered that he
would refer the question to Gen. Sherman
and send ME the reply. have never re-
ceived it, and supposed it probable that
the publication Of ,he answer to The pro-
position of Gov. Brown was considered a
sufficient reply to nay question to G en-.
Johnston.
This statement will sufficiently explain
10 YOU the difficulty which attends q call
of the Legislature, and will show YOU that
this recommendation is impractcable.
The recommendation that should, by
my proclamation, declare that the Eonsti.
tl;on and laws Of the United States are
now Of force in the State of South Caro-.
lima is not less impracr icable
The fact may he truly stated in Your
recommendation; but even if it is so, |
am not the exponent Of that department
of the Government of the State by which
this declaration must or can properly be
made. 1t is not for me, but for the Irrhs-
lature of the State, whenever that body is
assembled, to declare under What con sti-
tuition the State is governed, and by what
laws its citizens are bound. And even
thus the proposition may be stated t.>o
broadly. 1t may be, it j. probably, with
the Government of the United States. bv
virtue of its conquest, to decide, without
regard to any department of the Govern
litical condition Of its citizens l have no
more right to assume what will be the
determination of the Government of the
United States. than have to decide what
would be the decision of the Legislature
OF the State. But in. neither case would
it be consistent with my duties, nor could it
he reconciled with the powers which are
given to me, to undertake to make procla-
nation of what is the political condition,
and. there fore, what are the political
dutirs, of the citizens of this State.
And, indeed, when / have said, in the
course of this letter. thas I earnestly de.
sired the aid of the Legislature, it was not,
by any means solely for the purpose of
expressing it's opinion or deciding its con-
d':ct IN relation to the political status of
tie State. The success of the Government
of the United States had given it the
power te interrose and overrule any such
opinion or control any such conduct
Besiaes this. there were other and very
grave questions Of purely internal and
domestic legislation; great and radical
changes which had become necessary-the
careful consideration and adoption of