The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-03-05
COLUMBIA.
Tuesday Morning, March 5, 1867.
; Save the Republic.


the responsibility. There is one
other way, however, and we believe it
is the only one left us, and that is a
resort to the Supreme Court of the
United States. We therefore agree
with the Richmond EuIuirer', that it
is imperatice to test the bill for the
government of the Southern States
by an appeal to the courts. The
whole case lies there, for, while that
law stands as authority, we can do
nothing except in conformity with it.
IF. indeed, as the Ei'qui,ei' says,
our State Government is illegal and
invalid, as is alleged in this bill-if it
is provisional and dissoluble at plea
sure, it is at once bound by the in
structions of the law, and liable to be
swept out of existence at q word, if
it depart from them. We will have
no right to call convention or hold
an election Of any sort, except in the
mode and upon the terms therein
prescribed; and to attempt to do so
would be considered contumacious
and rebellious, and would provoke,
and be alleged to justify, an instant
wiping out of our whole system.
The bill, in this respect, is cum
ningly devised, for Congress has re-
tanned the power in its own hands to
revoke or Supercede the so-called
provisional governments" at any
time. Therefore, instead Of making
up case of collision Of this sort, let
US ascertain first if the proposed law
will be recognized by the United
States courts as binding upon the
obedience of citizens. If they so
decide, we have nothing left to do
but to submit to it. If they rule
otherwise, we stand as we are.
It is, therefore, that we agree with
the Enquirer-despite the reasons as
signed by its able contemporary of the
Times, that we have nothing to hope
for from the Supreme Court-in say
ing that the acceptance Of the law
without demnr is to accept its suf-
frage tests and to acknowledge that
the State is dead; that its laws are
waste paper; that its DEGREES, its
judgments and its title deeds are idle
words; that its imprisonments were
assaults; that its death sentences were
murders; that its taXations are rob-
berries. We repeat, the first tquestion,
and the vital and absorbing question,
until this matter is decided, is, will
the proposed law be held as valid?
What our cotemporary says of Vir-
ginia is applicable to this and every
other State of the South-that those
entrusted with it's affairs arc bound
by all honorable obligations to test
the question thoroughly. They have
no right to concede that the State is
dead until they have exhausted every
means of vindicating its vitality.
Their duties are now narrowing down
to that-or rather, that duty over
rides all others, and its successful
discharge is the condition of all others,
and therefore it demands their first
and their most Jealous attention.
AS the Legislature of Virginia con-
tinues its session, mainly for the pnr-
pose of awaiting the result of the
Congressional legislation against the
South, we hope ere it adjourns it will
take the step indicated by the En-
qmre'', and that in behalf of her sis
ter States, Virginia will bring to a
decision whether they are live States
or military governed Territories.
In another column, we give less
hopeful article from the Richmond
Times, but trust that its despondent
predictions will not he realized.
OPPOSITION TO BEowNLow. = We
learn from the Louisville Courier TINT