The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-09

haple TO reolamations, penalties and prosecutions.
But 1t is In it's bearing upon the States that the
OPINION OF Judge NELSON is most important. We
quote his language on this point:
indeed, long previous to this (the time of
Ggan,s triap Provisional Governor had been
aPPoihtea by the President, who is commander
an-ehief OK the army. and navy Of the United
States (and whose win, under martial law, con.
purpose Of CHI ng,ng tho existing state Of things
ana restoring civil government over the people
IN pnTsnance OF this appointment, new consti-
tutlon hao been formed, Governor and lie psla-
tnre elected under it, and the State in the fuii en-
toyment or entitled to the full enjoyment, Of all
her constitutional rights aud privileges The
! Constitution anu laws Of the Union were therehV
acknowledged and obeyed, and wore as authorita
tive and bin!ing over the people OF the State as
moment the rebellion was suppressed and the
government growing out OF it subverted, tho an.
oiens processes, authority and laws resumed their
accustomed sway, subject only to the now re-
organization or the appointment OF the proper
officers to give them operation and effect. This
" snd appointment Of the public
ence and direction of the President, as comman-
der-in-ohief OF the army and navy of the country
who, as suoh, had previously governed The people
OF the State from imperative necessity by force Of
martial law, had already taken place, and the ne
cessity no longer existed" .
AS the Baltimore Sun remarks, this high Judi
cial exposition OF great political question by one
OF the most venerable, learned aud upright judges
" 'ho ooPhohno Sourts WHO comes fresh from con-
terence with his brethren, among whom oil those
great Issues were considered and before whom
they were debated at tho recent term Of the Su-
preme Court, is an authority equivalent, under
the circumstances, to decision by the whole su-
preme Court. The people will accept the light OF
Judge NELSON'S opinion as the mariner upon the
trackless ocean places his faith in tho compass,
which points invariably the true course in sun-
shine and in darkness F."
With this decision tho opinions Of STEVENS, OF
SUMNER and others, that the Southern States
have forfeited their rights as States of the Union
aud arc no longer entitled to the privileges of the
Constitution, fall completely to tho ground. With
this decision before him, every reasonable and
candid man is compelled to admit that every con-
diton, every restriction which is attempted to be
put upon any State before admitting her to repre-
sentation In Congress, is plain infraotion OF the
Constitution, for the support of which the war
was carried on. This decision is a solemn con-
domination Of the Committee Of Reconstruction.
and of each and every modification OF tn cir plan
now or lately pending before Congress, or which,
under the pressure of their necessities NAV be
hereafter proposed.
Tine language is pure and simple that, under
their present constitutions, and the Governors
and Legislatures elected under them, every State
'is entitled to the full enjoyment Of all her con-
stitutional rights and privileges" -
These words place the whole moral power of
the judiciary Of the United States alongside the
Executive, and exhibit to the gaze of the world
the majorities in Congress and their supporters
as the only real enemies to the peace and per-
petuity of the Union to be found between the At
lantic and Pacific oceans.