The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-10-14

The Notio'M hFeNige~ce,' thus dis
cusses the question OF lost rights:
1t seems to us that there is Il
constant false assumption running
through every radical argument on
the question OF restoration. Some
tell us that the States have commit
ted suicide, that by the act of treason
they lost their vital relations to the
tederal Government; others declare
tAat the Southern people have for
felted ali their rights under the Con-
stltution by engaging IN rebellion;
others assert that the installation Of
the Confederate Government was q
virt'l;ti renunclatlon of allegiance to
this, and converted malcontent citi-
zens into alien enemies. over whom
we have acquired the rights of con
quest, and OF whom and whose pro
perty we can make such disposition
rs the lawmalling power may deter
mine. IN all these theories. and
every statement Of the radicals can
be resolved into one or the other,
there is an assumption that there
were no loyal men at the South, or
that the acts of temporarily success
ful revolntlonlsts can legally deprive
Il faithful citizen Of his constitutional
rights. We believe neither of these
assumptions 4 Governor may com
NIT treason. the whole State organi-
cation may plunge into rebellion, q
large majority OF Il State may rear the
standard OF revolt, and for awhile so
successfully rs to overthrow the loyal
element; but this does not divest
that element Of its inalienable rights;
the moment they can safely 10 it,
they are privileged to organize a new
Government. Their rights as citi-
zeus OF State are not lost; they do
not need the vivifying breath of an
Act Of Congress or of Executive
power to recreate them. They are
indefeasible, inalienable, and grow
inevitably ont of the Constitution.
Suppose a Governor, in time of war,
goes over to the enemy; he simply
abdicates hi functions, but he does
not thereby divest the people Of their
right to have and elect 81 Governor
Suppose the entire body Of State
officials use their vast power in favor
OF an invading foe; that is IL subvcr-
sion Of the State Government, but
not an "nnihilation OF the rights Of
those who are betrayed, yet who may
tind it impossible at the time to re-
siSt it.
At no time during this eventful
struggle, has any loyal white citizen
OF Alabama or the Carolinas lost his
right to representation in the United
States Senate and in the House of
Representatives The black citizen
never had that right, and it is not,
therefore. Il question Of recovery for
him Of what was in abeyance, but oe
creation When the military power,
which prevented loyal citizens from
administering their Government in
any State, WAS overthrown, that in
st;lnt they were privileged-nay it
was their right and their duty-to re-
create their Government. We care
not how this was done, whether by
convention called through military
Governor, or at the call of leading
citizens, or by Act Of Congress, the
sovereignty WAS inherent and indie
feasible. But prior to the installation
OF the Government so created. mill
''s' y i''" t'''f:-!.s;ss tsGG UlIc VIII or
the communicative chief, in so far as
1t did not contravene existing Federal
legislation, was the supreme law.
Bat when that State Government
was organized and inaugurated, all
the constitutional functions suspend
ed by the hostility of the insurgents,
were forthwith resumed, and the only
question for Congress is, are the
Representatives it sends duly elect
ei and duly qualified? But to as
Snme that all the State Governments
of the South do not represent the
loyal men OF their respective States,
and on that assumption to refuse to
enterinto the question of the qualifica-
ton and election Of one Of them, was
u gross wrong to the true-bearted
Unlonlsts, and bold infraction of
the Constitution.
SO much in relation to the lost
rights of the Unionists Of the South.