The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-03-06

derive our authority from the Consti-
tuition, and if we are bound by the
limitations which it imposes. This
proposition is perfectly clcar-that
no branch of the Federal Govern
mcnt, executive, Legislative or iudi-
cial, can have any just powers, OK
cept those which it derives through
and exercises under the organic law
Of the Union. Outside of the Con-
stitution, we have no legal authority
moro than private citizens, and with
III ii we have only so much as that
instrument gives us. This broad
principle limits all our functions, and
applies to all subjects. 1t protects
not only the citizens of States which
are within the Union, but it shields
every human being who comes or is
brought under our jurisdiction. We
have no right to do III one place more
than i'll another that which the Con
stltution says we shall not DO at all.
If, therefore, the Southern States
were in truth out Of the Union, we
could not treat their people in way
which the fundamental law forbids.
Some persons assume that the sue
cess OF our arms i'll crushing the op-
position which was made in some Of
the States to the execution of the
Federal laws, reduced those States
and all their people-the innocent as
we'll as the glrilty-to the condition
of vassalage, and gave us power
over them which the Constitution
docs not bestow, OF define, or limit.
No fallacy can he more transparent
than this. Our victories subjected
the insurgents to legal obedience, not
to the yoke of an arbitrary dcspot-
ism. When an absolute sovereign
reduces his rebellious subjects, he
may deal with them according to his
pleasure, because he had that power
before. But when limited monarch
puts down an insurrection, he must
still govern according to law. If an
insurrection should take place in one
of our States against the authority of
the State Government, and end in the
overthrow of those who planned it,
would that take away the rights of all
the people Of the counties where it
was favored by part ora majority of
the population? Could they, for such
a reason, be wholly outlawed and de-
prlved Of their representation in the
Legislature? l have always contend
ed that the Government of the
United States was sovereign within
its constitutional sphere; that it exc
cuted its laws, like the States them
selves, by applying its cocrcive power
directly to individuals; and that it
could put down insurrection with the
same effect as u State, and no other.
The opposite doctrine is the worst
heresy of those who advocated seces-
sion, and cannot be agreed to without
admitting that heresy to be right.
Invasion, lnsurrection. rebellion
and domestic violence were antici-
pated when the Government was
framed, and the means of repellinr
and suppressing them were wisely
provided for IL the Constitution; but
it was not thought necessary to de-
clare that the States III which they
might occur should be expelled from
the Union. Rebellions, which were
invariably suppressed, occurred prior
to that out of which these questions
grow; but the States continued to
exist and the Union remained I'M
broken. In Massachusetts,, in Penn
sylvania, in Rhode Island and in New
York, at different periods in our his
tory, violent and armed opposition to
the United States was carried on but
the relations of those States with the
Federal Government were not sup
posed to be interrupted or changed
thereby, after the rebellous portions
of their population were defeated and
pat down. 1t is true that in these
earlier cases there was no formal ex-
preston of a determination to with
draw from the Union, but j. is also
true that i'll the Southern States the
ordinances of secession were treated
by all the friends OF the Union as
mere nullitlrs, and are now acknow-
ledged to be SO by the States them
selves. Ii we admit that they had
any force or validity, OF that they did
III fact take the States in Which thew
were passed out of the Union, we
sweep from under our feet all the
grounds upon which we stand i. JUS
tlfying the use of Federal force to
maintain the integrity OF the Govern
mcnt.
This is a bill passed by Congressin
time Of peace. There is not in any
one of the States brought under its
operation either war or insurrection.
The laws of the States and of the
Federal Government are all in undis-