The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-31


North, writing, Augu &C. 1867, on the recent
cabinet and militarchanges, made by the
President, says that had advised at the last
session of Congressthe passage of an Act
prohibiting the RENAL of District Comman
ders, without the nsent of the Senate"
"Some of the membeiof the Senate seemed to
doubt their power .nder the Constitution,
trhich they had just pudioted, and outside of
which all agreed that,e acre acting, else our
whole work of renstruction was usur-
patton"
Here is full andree confession from one
of the leaders in CONFESS, that all the recent
legislation of that by, relative to the South
we bear in mind tha the Reconstruction Acts,
thus openly pronouced unconstitutional, or
ertra.constitutional, we're passed by the
unanimous votes the Republican mem
bers Of Congress, tho most conservative
as well as the sdical-including such
men as the Hon. .EvERDY JOHNSON, not
otherwise identified ,th the party; that they
were passed in every astance by an overwhel-
ming majority of botihouses; thus certainly
representing the maj,ity of the people Of the
Northern States,-wecan arrive at no other
conclusion than that he people Of the North,
certainly all those No vote the Republican
ticket, are ready to accept the tenets of their
party in place of ts Constitution. When,
therefore, we make l.rned arguments going
to prove that this orthat law is unconstitu-
tonal, we waste ou breath We appeal to
an authority that is no longer recognized.
The New York HeraA expressed this boldly,
at the time. Secretar BnowN1Na wrote his
mastery letter againstthe HOWARD Amend
ment, when it said, hat if the premise is
conceded, the iconGluson is inevitable. But
the premise is delied. The Constitution Of
our fathers is ting of the past, and not
adapted to our resent times or circum-
stances. M i..t
1t is all important hat we should bear these
facts in mind, and slape our conduct accord
ingly. As far as we are concerned-the peo'
pie of the ten unreconsructed States-we have
been denied constitutional rights" by the
President no less than ,y Congress. We were
declared rebels by both these departments OF
the government; our State governments were
annulled, and our constitutions and our laws
set aside. The only question between the e1-
scutive and the legislature, was which Of the
two should have the direction of the. question
of reconstruction 1t is ,insulstthatthfs fact
is now generally lost sight Of BY the Southern
people, and yet it is proposition peri, city
demonstrable.
The President Offered to reilstate us to the
rank we had forfeited upon tn, fdlfllment on
our part of certain coltiuons. These oondi-
tions we made haste to accept; and there is no
reason whatever to doubt that had the Presi-
dent been left untrammelled, we should have
found no further obstacles in the way to our
restoration into tn. Union. Congress, how
ever, interfered, snl at onse took the whole
matter in charge. Whther t had the right to
dictate terms to US or nst, it certainly had the
power, and the most conclusive proof of the
existence of this power, vas that we soon
found ourselves undermilit.ry government.
We accepted the Presidents conditions.
Why? Because we we're powerless. We
demurred somewhat ] is true, to thea re-
quirsmen. regarding tie Confederate debt.
Now why, when We ! ound that Congress
end not the President had the power to
dictate the terms of reconstruction, could we
not equally accept the coalitions proposed by
them, as contained in he HOWARD Amend
ment? Because honor ,rbid Why should
honor have forbid our scpiescing in the dis
frsnchisement of some Of our citizens, and
not our acceptance of le requirements Of
the President Of the Unitd States?
But, it is said, Congressrould not have full
filled its part of the comrct, even though we
had adopted the Constitutional Amendment.
There is no authority matever for such as
sumption. On the contsry, Senator SHsR-
MAN, of Ohio, the lsadr of the conserva-
tive wing Of the Republc.n party, and the
author of the original inft of the present
Reconstruction Act, in apeech made on the
10Th inst. at Canton, Ohio, aid:
"Evsn now, il tho South, With the spirit that
actustes General LoNesrREE and others, would
adopt the amendment and elec loyal Senators and
- ....1 10 1ks
ton would be easy. know What say to you is
true, when declare that majority Of the Repub-
licsn Senators and nsmbsnpul have admitted
any rebel State upon it's adopting the amendment
and complying with terms. But during the ses-
sion it was said by many Southern man thst the
southern people would gladl accept the amend
ment, but the machinery Of J'HNsoNs loyal legis-
lstion was in disloysl hands. They said they had
no promise from Oonaress inbo, msny words that
IL they accepted the amendmat they would bs ad-
mttsd. It was to meet thet difficulties, and to
settle definitely tho status oiths rebel State gov
.rnment, and of the colored people, that the Re-
construction Act Of the last regular session was
passed."
Mr.. SHERMAN then gives the following re-
sumo Of the history Of the bill that is known by
his name: t 80.
s.You will remember feIov-citizens, that this
Act includes all that was psssd on reconstruction
at that session. A great maly things were pro-
poAsd. Some members werein favor Of limited
confiscaton OF land some in bvor OF military gov
ernments; some in favor Of teating the amend
ment as already adopted by hree-fourths OF the
loyal States; but neither Of hose measures met
the assent of Congress. Al to conascation, il
would be . proper and just measure OF punish
mont in some cases to takethe land OF leading
rebels, buta general system of conhscation IS
mode Of punishment is 30 unusual measure IN
our country and its evil effect on the innocent u
vol a. the guilty has been % lasting and dlsas
trcns in Ireland and France, tlat should hesitate
long before agreeing to it.
'Milit.ry governments ought to be only tempo
rary sc,ffolding for civil governments. They arc
so regarded and their continuance should not be
L. Il.kn nhi iAnf