The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-08-30
2. BUTT is asserted, in support Of the

2. BUTT is asserted, in support Of the
authority claimed by the Congress now
in possession of power, that it flows di-
rectly from the laws of war; that it is
among the rights which victorious war
always confers upon the conquerors, and
which the conqueror may exercise OF
waive. in his own discretion. 10 this we
reply. that the laws in question relate
solely. so far as the rights they confer are
concerned, to wars waged between alien
and independent nations, and can have no
place or force in this regard in a war
waged by the Government to suppress ail
instruction of it's own people, upon, lts
own soil, against its authority. II we haa
carried on successful war against any
foreign nation, we might thereby have
acquired possession and jurisdiction OF
their soil, with the right to enforce our
laws upon their people, and to impose
upon them such laws and such obligations
as we might choose. But we had before
the war complete Jurisdiction over the
soil of the Southern States, limited only
bv our own Constitution. Our laws were
the only national laws in force upon 1t;
the Government of the United States was
the only Government through which those
States and their people had relations with
foreign nations, and it's flag was the only
flag By which they were recognized OF
known anywhere on tho face Of the earth.
In all these respects, and in all other re.
spects involving national interest and
rieht, our possession was perfect and COM
piete. It did not need to be acquired, but
only to be maintained, and victorious war
against the rebellion could do nothing
more than maintain tit could only vim
dicate and re-establish the disputed su-
premacy of the Constitution. 1t could
neither enlarge nor diminish the authority
which that Constitution confers upon the
Government by which it was achieved.
Such an enlargement or abridgement OF
constitutional power can be effected only
by the amendment of the Constitution
itself, and such amendment can be made
only in the modes which the Constitution
itself prescribes. The claim that the sup
preston of an insurrection against the
Government gives additional authority
and power to that Government, especially
that it enlarges the jurisdiction of Con-
gress, and gives that body the right to
exclude States from representation in the
national. councils, without which the na-
ton itself can have no authority and no
existence, it seems to us is at variance
alike with the principles of the Constitu-
tion and with the public safety.
8. But it is alleged that in certain par
ticulars the Constitution of the United
States fails to secure that absolute justice
and impartial equality which the princi-
pies of our Government require. That it
was in these respects the result of COM
promises and concessions, to which, how
ever necessary when the Constitution was
formed, we are no longer compelled to
submit, and that now, having the power,
through successful war, and just warrant
| for it's exercise in the hostile conduct of
the insurgent section, the actual Govern
mont of the United States may impose its
own conditions and make the Constitution
conform in all it's provisions, to it's own
ideas of equality and the rights of man.
Congress, at it's last session. proposed
| amendments to the Constitution enlarging,
| in some very important particulars, the
authority of the General Government over
that of the several States, and reducing,
by indirect disfranchisement, the repre-
sentative power Of the States in which
slavery formerly existed. And it is
claimed that these amendments may be
made valid as parts of the original Con-
stitution, without the concurrence OF the
States to be most seriously affected by
them, or may be imposed upon those
States by three-fourths of the remaining
States as conditions of their re-admission
to representation in Congress and in the
| electoral college.
1t is the unquestionable right of the
| people of the United States to make such
changes in the Constitution as they, upon
due deliberation, may deem expedient.-
But wo insist that they shall be made in
the mode which the Constitution itself
points out, in conformity with the letter
and the spirit of that instrument, and with
the principles of selfgovernment and
equal rights which lie at the basis of our
republican institutions We deny the
right of Congress to make these changes
in the fundamental law without the con-
currence of three-fourths of all the States,
including especially those to be most Sc
riously affected by them, or to impose
them upon States or people as conditions
of representation, or Of admission to any
of the rights, duties or obligations which
belong, under the Constitution, to all the
States alike. And with still greater en-
phasis do we deny the right of any por-
| ton of the States, excluding the rest of
the States from any share in their coun-
clls to propose or sanction the changes in
the Constitution which are to affect por-
manently their political relations, and
control or coerce the legitimate action of
the several members of the common
Union. Such an exercise Of poweris sim