The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-10

tcular branch Of ju1isprudence it is annie for all
purposes connected with the subject or the branch
OF Jurisprudence: Therefore the jurisdiction of
this court is ample to take cognizance to tho full
extent over all subjects Of equity jurisdiction We
,sa1d agg men en- put to present such case equity
granted to the utmost extent Of the powers of a
court of equity. The great distinction between
remeo.es at law and equity is this: court of law
Of equity will prevent their occurrence, ~
The one can do nothing more than give com
the party from resort to the remedy for damages
by preventing the mischief. And even if there be
remedy at law which is inadequate, court Of
equity alone can give relief there % Be no nsa rema.
dy, then the Federal Constitution is not, as de-
cared, the supreme law Of the land, since a; mere
majority IN Congress may exclude States, it has
gone IN this instance it may blot out States, and
govern them II this may be done in the South
States, and the w Of majority in Congress is
pie OF the States which framed the Federal Gov
ernment surely did not think it possible that thoy
istence as States and yet this has been done with
four Of the original States that created the Gov
ernment. ar@ s#- a}Ha le[i- l8--'! ,-~ "a
This bill presents several grounds either Of
Fourth-As this legislat;on must have proceeded
bers Of the Union let US, in the last place. inquire
whether they were in the Union during the rebel
lion, have been in ever since, and are so now. If
they have continued to be and are SO now, then
surely these acts have no constitutional basis.
The union Of the States under the Articles Of
Confederation Of Its, as well as under the Const-
dissolved by act Of Congress or the attempted
withdrawal Of any portion Of the people Of State
exclude any State from the Union, for il It NAV
exclude one State, it may exclude any number Of
states, aud thus>accomplish result forbidden by
far as their legal effect w6s concerned, were mere
nulhhes- These ordinances were nulities when
enacted, and they acquired no legal Or constitu-
nonal force by subsequent events. The assem-
blage which enacted these ordinances had no more
legal OF constitutional power than popular meet
ngs. They were not only Illegal but insurrection-
ordinances were nn1tiea also, because the Federal
expressly dec:nres, IN imperative Ian
guage, that .,ehis Constitution shah be the su-
ton Or LAWS of any State to the contrary notwith-
The secession ordinances bsing nuIlities, the
supsequent state constitutions based upon them
we're nulAtes, because the constitutions of all the
states are required as we have seen, to be always
subordinate to the Federal Constitution. The sub
sequent so-called Legislatures and Governors and
AZ other officers, civil and military acting under
these insurreetonary proceedings, whethar at
where had no legal or constitutional anthoritv s;t
not only for the above reasons, but also because
they were ali required first to take an oath to sum-
port the Constitution Of the United States. In
fact, the whole proceedings, commencing with the
secession ordinances, down to the last set Of the
drama were part and parce! of q great insurrec-
ton, wholly illegal, and totally forbidden by the
Constitution. But surely an unsuccessful insur-
reo1on In any State, although it might subject the
Individuals concerned to punishment, could not
force any State from the 1nion,: confer any such
power on Congress, or effect in any way tho Fed-'
eral relations OF the State. - -. -. I -
Although Congress can suppress insurrection-
whether OF q minority or majority of the people ii
any State, yet it cannot declare war against State
Or treat it as foreign Power, or coerce Or punish
State IN its corporate capacity. Such power,
as shown BY the Madison Papers, RECORDING thee
proceedings Of the Convention which framed the
Federal Constitution, was then asked from that
Convention, and expressly refused. The principal
reasons for this refusal were: ..- 800 - :
Hrst-Because (unlike tho Confederation Of l77S)
the Constitution acted only on Individuals, and not
upon States. .fE. 7T -,
second-Because the power to suppress insur
rectlon IN any State, and punish the individuals
concerned, was sufficient Nh 7"7 h '-7->
And thud-The Convention would not grant
power to Coneress to declarelrwnr against . State
or gun1sh state,.or infict any palms, penalties, OF
forfeitures upon it, because such an AUTHORITY
would carry with it tho power to expel State m
definitely from the Union. or to treat it as con-
quered foreign province. The Union OF all the