The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-02-26

To rive the close enclTcnnG Dano
That made and keeps us one 1oreVef.
90 when upon the fated scroll
The falling stars have all descenoeo'
And, blotted from the breathing roh,
Our little page of Life is ended
.Wa ask but one memorial nne
..Nfy children. Boys Of 'twenty-nlne, -,
r. naee. bow they loved each other !"
SOME OF THE RESULTS OF THE MiLi-
s3,G.... TARY BILL:
The Richmond Wing, in publishing the follow
,,o article on the New Reconstruction Bill, intro
duces it thus >,
From the time the Bill shall become a Law, either
nv the approval Of the President OF its repassage
by a two-thirds vote, and if not declared null and
void by the Supreme Court, male negroes, t"enty-
one wears OF age, who have been resident IN the
State one year, viii be entitled to vote sin all cleo
tons to any ofice-lnder the provisional govern
ments" created by the act.
The act excludes no one from serving as mem-
ber Of the Legislature. The language is, "No per-
son shall be Senator or Representative IN Con-
eress or elector Of President and Vice-President,
or hold any office, civil or military, under the Unit
ed states,. or under any State, who . &c. Member
shin OF the Legislature is not an ssof6ce."
The following persons are disqualified from
serving as members Of the proposed State Con-
yentiun or voting in the election of the aane, VIZ:
all Consederates who had ever taken the oath to
support the Constitution Of the United States as
member Of Congress- or as au officer OF the United
States, or as member of any State Legislature,
or as an executive or judicial officer Of any State.
This includes, besides members Of Congress and
OF State Legislatures, postmasters, collectors OF
customs. officers Of the United States army and
navy, Judges and magistrates, and. ex-governors.
It does not include lawyers, clerks, sheris, con-
stables, commissioners in chancery, commission
ers Of revenue, tax assessors, surveyors, militia
officers, -sergeants, members of councils and
perhaps others who have taken the oath-for these
are either not: officers at all, or are merely min
isterial officers, not embraced in the term eek
ecutive or Judicial" They are therefore neither
DISTINGUISHED nor rendered ineligible to Office.
In respect to other and still graver matters, we
substitute for any reflections Of our own the re-
marks Of the National leteaigercer Of yesterday:
TIE preamble, though not having the force Of
express provisions Of the bill, may, BY the use OF
the words, .eno loyal State Governments exist in, >
in connection with the use OF the words, rebel
States" throughout the bill cause serious difficult
ties in litigation as to rights Of property aris-
inc during the rebellion and since its close, un-
less, indeed, ..r. Shellsbargers amendment estab-
>AhfsNmg the present provincial governments shall
be illegally construed as acting backward through
The bilf is destructive, because it wholly i'm
pairs the sovereign character Of State govern
11ents, under the Constitution, by assuming the
power of Congress, at will, to legislate away all
their acts. .t.s'.@ -
overrides and absolutely destroys State author.
ity ia the matter of suffrage and the eligibility OF
PARSONS to mold Office This is done by direct leg
talstion Of Congress in the bill. 1t destroys the
present State governments, IN 80 far as officials
are concerned. .t..- -. -
Il is destructive to the present right Of suffrage
by vast numbers Of citizens, under the Constitu-
tion. in giving immediate force and effect to the
prohibition in the fifth section, that persons lnhb.
tied from holding Office by the constitutional
Amendment shall not vote at elections under the
provisional Government" so-caled.
II it be. held that this diaboical invention OF
proscrptveness does not so apply to State officials
as to drive them from their Offices, it certainly ap
appointments in States. In a word, Congress has
stepped across State barriers, and given express
direction in form Of law, that in all elections IN
the ten Statesnow excluded from Representative
in Congress- no man shall hold office or vote VINO
Is excluded by the proposed constitutional amend
ment. It is well known that these include the
best men in every State.
The Bill is destructive in it's military character,
as has been 30 ably shown by the articles from the
Cincinnati com%srs aoEs published n the
The third section Of the bill leaves all recog-
milton Of the local courts and authorities entirely
at the discretion Of the Brigadier-Genera COM
manding the district, and makes it his duty, be,
sides suppressing nsurrection, "to protect oil
persons in their. rights Of person and property,
and TO punish all disturbers Of the public peace,
and criminals" in other words, he shall have un-
limited power, both Judicial and executive, and alb
eolute Jurisdiction over all sorts OF causes, both
civil and criminal. II he choose to set aside all
local governments and courts (as under this law
he nav, be and his subordinates will try every
drunken rowdy who should 60 before police
court ss well as every one charged with theft,
burglary murder; they viii Try also every civil
ali srights OF person md property" they are to
nrotecf' The whole elaborate machinery of gov
eminent, executive and judicial and for that mat
tar Legislative also, is thus concentrated In the
hands OF the Brigadier commanding.
Is there not, however, some power OF REVISION or
right of appeal? There surely must at least be
some provision for recording and publishing the
DEGREES relative to property and accounting for the
moneys which may pass into his hands: Not
bit oft! There are provisions that 'au interter-
ence end by said pretended State gov1rnments' shall
be void Whatever is done is left purely and abso-
lutely in the oommandants discretion. He is not
bound to report his decision to any one, but may
sit, as Saint Louis, Of France, used to, under q
tree by the roadside and administer primitive JUS
tice to whoever comes, with or without money or
price" The whole property Of State will be at
his discretion; and he becomes rich, he may say,
AZ Warren Hastings did Of his wealth amassed in
India, that he is amazed that he did not become
richer, since all the treasures OF the country were
at his feet.
The utmost protection for property is the dis.
erection OF any boy with the commission Of second
lieutenant who may be sent with squad Of men
into any country. In estimating the probable
usefulness Of any effort to appeal either to the
President or Genera. Grant, or to any tribunal or
Of military commission are before the eyes ofany
one who may make such effort, and the attempt
itself NAV be made crime for which he must s,f-
FER. The bill says "cruel and unusual punish
ments" shall not be inflicted, as if that would pro-
tect any one without definition Of what shall be re-
oarded cruel or unusual for q military commission,
e0i Ta RRe guones g Of aranee Fronee
dd not drip with blood because the acts passed
hv the National Assembly we 9 cruel in their terms
Int because they established IRRESPONSIBLE tribu-
nsis With unlimited powers; but none not even the
roInmttee of Public Safety, 80 irresponsible
~ az noWerful as this dictatorship which we pro-
.,ose r. ;nstal over one-thire OF the American
ton. ,,,
Iaw shorld be fixed and determined, but this
o,t NAV be 30 construed as to justify further pro-
scrpon Of the people ID resPect 70 tne eAerclse VI
sha 1;oht of suffrage, to suit the temporary expe-
sarts n marty. We refer to that remarkable clause
y the sct which is in these words: Except such
- =, vsv be disfranchsed by participating IN rehe'-
ion" +o ,,,1Iifr tho nronosed con-
,t;tntional amendment itset. fof tne laseeI oe
low adopted or is to be adopted then 1t Is the Law