The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-11-13
Outside of the Constitution.

Outside of the Constitution.
If, as Thaddeus Stevens, Jacobin
leader, says. and rs all Jacobins believe.
the Government Of the United States is
acting outside of the Constitution, what
legal obligation'is there upon any one to
obey its bebests, TO sustain it in its usur.
pations or to defend it in its acts of des-
potism There is not any obligation
whatever, we dare to say, and we chal-
Ieye contradiction of the principle that
outside Of the Constitution there is no lc-
gitimate Government, nor any other but
de facto Government, which every one
is left to his own conscience to obey or
sustain or not, as he prefers.
Let us illustrate. A government out
side Of the Constitution undertakes to i'm
pose onerous burdens on the people to
enable its supporters to enrich themselves
at the expense of their ftlow.citizcns
A,e these citizens bound by any obliga-
ton Of morality or law to pay these bur-
dens, to submit to these exactions? We
say not. And why? Because taxes, to
be moral obligation on the persons
taxed, must bc Imposed by competent
authority, not merely by despotic power.
This despotic power might enforce the
collection OF the tax, bnt this enforcement
does not change the obligation of the citi.
zen nor make him the more liable. NOR
ally or legally, than he was before. What
ever right the Government has morally
or legally, and not by virtue OF it's physi-
cal power, is derived from its conslitu-
tlonal existence and it's constitutional in
vcstiture. The Federal Government is Il
constitutional government, or it is moth
ing As II constitutional government it
has constitutional rights and is subject to
constitutional duties, but the moment it
says either by act of Congress or by EX-
ecntive act, that it will not confine itself
to the exercise of faculties given it by the
Constitution, but go outside of it and
beyond it to do its own will, it becomes
both usurpcr of unauthorized power
and despot in the exercise Of such pow
er, and cannot lay moral or legal claim to
obedience, submission, support or suljcc-
ton.
If we arc living as people, in our re-
lations to Government, outside of the Con-
stituton, anil in making returns OF in
come or busidcs we answer 10 these re
Government which exists outside of the
Constitution Or, rather, what right
has such government to impose on us
The obligation of taking an oath under
any circumstances and if it does so i'm
pose upon us, against our will, and with.
out being vested with the right by us to
do it, arc we obliged in conscience to COM
ply with its cXactions? We say not.
Hence it is no crime to deceive the Gov
ernmcnt it. as it assumes by the mouth OF
its administrators and Legislators. it acts
outside OF the Constitution TO put it
painly-it the Government becomes a
llSurper, dcspot and tyrant, it is no crime
to disobcy and deceive it; but, on the
contrary it might he mcritorious duty
in the citizen to weaken it even by dcccp-
ton.
We have not examined the public lists
for these doctrines, nor do we need to do
So There is no necessity Of referring to
books of authority for what it is the right
of man to do who is wayl"id by robbers
Now, if the Government becomes rob-
Der, either of ones property or of his
rights, the relation of the citizen towards
it under these circumstances is analogous
to that Of the individual to the highway
man. Precisely so; Governments, no
moro than highwaymen, ilavc the right
to be unjust, the right to go beyond the
restraints of law with impunity, the right
to do that which it is forbidden to do by
its creators.
Outside Of the Constitution of the Uni
ted States there is no government except
of the individual States to which the pco-
pie owe allegiance or feaIty. Parlisans
may, if they will acknowledge, try and
sustain Government instead of the Con-
stitntion, but this docs not bind others to
follow their example, nor impose upon
others the performance of duties to this
Government. On the contrary, those
who do not favor the usurpation have the
better ri ght to withhold their allegiance,
and, if they can, to restore the deposed
Government, and subject to it's estruints
all those who would traitorously over
throw and snpcpsedc it by usurpation.