The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-12-12
COLUMBIA.
Wednesday Morning, Dec. u 1866.
The Territorial Co..uition.

The Territorial Condition.
We believe the Congressional dom
inant faction is nearly at the end OF
their course, when they propose to
rduce the Southern States to the con-
dition of territories. So long as Pre-
sident Johnson has the appointment
of the officers of the contemplated
territories, their scheme of oppression
would be baffied The radicals might
reject his nominations, but he would
only have to make new appintees,
and there. would therefore be q dead
lock.
But they propose a new plan to
avoid this end of their schemes, and
that is to give to Chief Justice Chase
the appointing power for the South
ern territories. To do this, they
would have again to override the
Constitution; but it is possible the
Chief Justice himself would check
their operations at this point, thus
efectually putting an end to their
plottings.
The New York World, in a long
and able article, discusses the contem-
plated new condition Of the Southern
States, and comes to the conclusion,
that even if the new Governments
were put in operation against an ad-
verse local opinion a new deadlock
would Immediately be presented in a
constant conflict between prosecuting
officers and Southern juries
claws are of no more force without
penalties, and penalties can be in
dicted only after q trial. For the
punishment of ordinary crimes and
the ordinary administration of justice,
Southern juries would doubtless give
impartial verdicts under the new sys-
tenn, as they do now. But in enforc-
ing the kind of laws which the terri
torial scheme seeks to introduce,
Southern juries could not be brought
to agree except on verdicts of acquit-
tai. All laws of that class. would be
a dead letter, which vain attempts to
execute would turn into derision.
''Ihese difficulties and obstacles will
be apparent to Congress as soon as
the territorial project begins to be
discussed in practical view. It is
contrary to ali probability that the
conflicting views which will naturally
exist can be SO completely reconciled
as to secure the assent Of two-thirds
Of both Houses to the details of any
plan of Government. But without
twothirds of both Houses it would
be promptly knocked on the head by
the veto, the deadlock appearing in
a new place
But if the Territorial bill should be
carried over the Presidents veto, and
the officers all appointed, and the
machinery of the new domination in
complete running order, the World
presents q very supposable case,
which would eventuate in blow-up
of the whole scheme. Let warrant
be issued for the arrest Of citizen.
His counsel Immediately prosecute
the officer for illegal arrest, and if
the case is decided against him in
the local court, it is appealed, and
the law-point carried up by rapid
stages to the Supreme Court Of the
United States There can be no
doubt whatever that the Territorial
law would be decided null and void
by that Court.
This, we think, is q fair and cor
rect programme of the course of
events, should the Territorial scheme
be carried through the Congress.
Its termination, we believe, would
also terminate the party who seeks
to oppress us.