The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-26
THE PRESENT AND THE FUTURE.


is dac.
THE PRESENT AND THE FUTURE.
|. If the war between the United States ana
those persons who Termed government known
as the Confederate States was war between
separate and Independent nations, then the
war was one of conquest. If the war was one
of conquest, then the Southern States are
mere conquered territory, and Congress would
have right to frame territorial governments
and protect them until they could be admitted
as States Of the Union-as members OF that
great Confederaoy Of States known az the
United States of America. Even then, however,
Congress would have no right to establish mill
.ary governments. They are in direct eppo-
sition to the genius of our institutions. They
are in times of peace in violation Of the Con-
stitution of The United States. They are con-
trary to the spirit of our people. lie who
lives under the protection Of the American
Government, not being a soldier in the army,
or in the naval service, is at all times entitled
to trial by jury for any offence that he may
have committed, or that he may have been sup
posed to commit Military Government de-
prives us of this our cherished Inheritance;
and the code of the Military Commander, we
blush to say, has found sanction, even in some
Of the courts, showing that men yield easily to
the dem ands of despOtism. The privilege of
the writ of Habeas Corpus is one of the dearest
rights of freemen, and even in this State, Gen.
SrcKLEs dared to resist that writ when issued
by Judge, clothed with power, not under the
laws of the State, but under the Constitution and
laws of the United States, which Constitution
and which laws this State, as one Of the Old
Thirteen, aided in framing. Freedom Of
speech and freedom Of the press are portion
of our birthright, and yet we have the one and
exercise the other only by tolerance Of mill
tary officer. No single right Of freeman be-
longs to us, and yet the boast Of the Radicals
is, that the Declaration Of Independence is
their guide, and that they are determined to
born free and equal"
If, however, the war had beon waged for
conquest, it would have been sin, shame,
crime Even the Radical party felt this and
declared that it was only wagsd to bring in
dividuals back to the allegiance which they
owed to the Government, to restore the Union
of our fathers pure and unsullied; to interfere
with no vested rights, but to preserve the oom-
mon heritage of all the Union Of the States.
Granting, then, that individuals rebelled
against their Government, and the result Of the
war proved that this position is true-the
moment that the war was ended every State was
entitled to its rights under the Constitution.
No State can commit the crime of treason. In
diyiduals might, and if convicted could have
been punished by the Government for their
treason. The State could not, however, lose
its rights as State, and at the close of a re-
bellion it was entitled to all Of the privileges
of a component part Of the great common
wealth known as the United States Of America.
We are free to admit that war brings in its
train variety of evils, and that civil war is
fruitful of evils more bitter than those pro-
duced by any other conflict. We know that
passions are excited, which time alone can
calm, and rancour which cannot easily be as
suaged. Yet, we also know that no civil war
can end by depriving one portion of people
of its liberty, without eventually producing
q despotism which will spread over the entire
country.
The victorious North has chosen to say to the
South, "You are States, it is true you have
governors and legislatures. You have all of the
machinery of government, you have accepted
a constitutional amendment which is now
fiction of the organic law Of the land. You
have District Judges by virtue of the fact that
you are States; Circuit Judges, members Of the
Supreme Court, hold their courts among you
for the same reason. Yet you are only Rebel
States, and you have no legal governments
You must be reconstructed, and negroes must
vote. Then constitutions must be framed, not
under your own organic law, not by virtue of
your constitutions, nor nnder the organic law
of the United States You must be reconsruc-
ed by force and in such manner as 10 perpet-
uate Radical rule"
This condition of things the people of this
State must meet. They are called upon to
frame Constitution by force of arms, and not
even under the forms of law. If they do it
they give their consent to the placing of
shackles upon their own feet 1t does seem
better, if tyranny must de, that it should
come from others, and that we should not
agree to place tyrant over ourselves and chill
lren. Negro suffrage has been condemned
when placed on trial at the North Voting
under the Reconstruction Acts is giving sane
ion by Southern men to system imposed
upon us by Northern men, which they have re-
ccted at home. Powerless for gOod-for We
would be outnumbered by those who arc net
legal voters-our votes would be merely bear
ing testimony to our degradation, whilc they
could not avail for good. We would not have
1 Southern man forget that he is citizen Of
he United States entitled to his rights, and
We would not have him be tosl in tho hands
If those whose ideas of government are based
,pon the tyranny of faction, disguised under
he name Of the will Of the majority
We believe, as we have often said before,
hat the American people will return to Cen
titutional government. We believe that the
lay will como when from the violent clash OF
rms and of opinion through which We have
'assed, the people Of this country will find
,eint at which Constitutional liberty, the
lights of the States and the permanency Of
he Union may all be recognized and preserved.
Until that point is reached the whole country
,nst lnse its liberty If reached in the Union