Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-09-07

militia in the Carolnas were approved by tn,
Secretary Of War. BY the act Of I'd March
1861 Congress made the like prohibition ab
solute in all the conquered territory
On March I'd, 1867, Congress declared thai
no legal State governments existed in the con
quercd territory, including South Carolina
divided the territory into Military Districts
of which North and South Carolina comprise
the second; provided for the appointments 4
Military Commander for each District de-
clared all civil government therein to be sub
jcct in all respects to the Military Command
er, and that all interference, under c,lor OF
State authority, with the exercise of military
authority, should be null aud void. Congress
in the exercise Of its paramount authority an
nounced, also, the conditions OH which the
inhabitants might be restored to constitutional
relations to tue Government of the United
States.
Having shown the nature Of the authority
that exists in South Carolina, and traced its
origin to the law of war and to the Govern
ment OF the United States, it may not be with,
out utility to show that this exercise oil power
is author zcd by the constitution
Congress is tho authority competent to de-
clare war, to determine the conditions of pcace,
and to define the political relations of the in.
habltants OF conquered territory The Com
prehenslvc war powers found somewhere in
every government, are given by the Constitu.
ton OF the United States to Congress.
The States that madu war upon the Union,
set up government Of their own and re.
nounccd all their rights under our constitu-
ton. The United States made war, not for
the purpose of compelling the hostile States
and people to resume their rights and privi-
leges under the constitution, but to compel
them to yield submission to the authority of
the United States 1t was for the party ag-
grievcd, and not for the wrong door to say
whether the offender should ever be restored
to the privileges of the compact he had re-
nounccd. The United States acquired by
conquest. absolute authority over all their en-.
emles and over all the territory in dispute.
.hs pv,'dlaiio>or vaniuered territory to- to the nc
military authority in possession, have heen
announced by the Supreme Court Of the Uni
ted SUtcs in the case Of Lcitcnsdo,tcy us
Webb (20th IToward.) That case arose out
Of the conquest and occupation of New Mcxi-
co by the United States. The court held that
the occupation by the armies of the United
States ovcrthrew the existing civil govern.
mcnt. although the relations OF persons to each
other remained in force, except as these might
contravenc the Constitution and laws of the
United States or the regulations for the gov.
ornment Of the inhabitants established by the
Commanding General. Itappcarcd that Gen
kearncy had, while in command, ordained a
code of regulations for the government of the
territory; it was contendcd that the binding
force Of the code ceased with the treaty of
peace auo the ccsson of the territory to the
United States. The court denied this prom
osition, holding that General kearney's rcgu-
lations having been established by competent
authority remained in force until repealed by
the authority of Congress, or that of terrific.
rial government deriving is power from Con-
grcss. In the case cited the Supreme Court
of the United States sanctioned the principle
since asserted by Congress, to wit: that over
territory acquired and held by the arms of the
United States, military authority represents
temporarily the legislative power of Congress,
and that the duration aud scope of such an-
thority depend upon Congress, and do not de.
pend upon the cessation Of hostilitcs
| 1t has been claimed for the rebel States TINT
they are exemptfrom the political consequent
ccs of any war they may choose to wagc-
| This plea is as rrapnstcrous rs the theory up
| on which it is based, to wit: that war cannot
| exist between the Federal Union and one or
| more OF tho States.
| The proposition that the late war differed
in no essential particular from ordinary wars,
has been settled by all the departments of the
| Government of the United States, with the
| acqucscence of the governments and jurists
of all nations Soldiers captured were al.
lowed the amenities of prisoners of war, and
Nero formally exchanged; flags Of truce were
permitted and respected; captures by land
and by sea were tolerated as lawful condcm.
nation in prizo courts in conformity with the
laws and usagos of nations, wore decrccd by
the courts of the United States foreign gov
ernmeuts and judicial tribunals acquiesccd in
these de,rccs paroles have been received
and observed, and in accordance with the Gus.
| tom of war.
Until an armed league of hostile States
under an alien flag, undertook to overthrow
this government, the occasion Ind never aris
en- for communities owing allegiance to the
Union, to realize that the guarantees of the
constitution can no longer be claimed by then,
for the assertion Of any political right. The
States which composed that league are to day
without franchise. A sensitive, brave aud
proud people are subject to martial law. Their
ancient rights arc all renouuced BY their own
act, forfeited by their own voluntary expa.
triation, surrendered with their, arms to the
oonquerorr-thesy can nevertheless be regain.
ed upon the terms presctibed by those who