The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-01-06

! 'dHtiulSLcu, SlpJuSaleU ana SnDleci
70 The terms Of the oonquerors. The
President Of the United States-the
highest civil and military officer
known to the laws of the Republic,
q statesman worthy Of the enlighten
ed age in which we livc-imposed The
terms. We have carried them out in
good faith, and to the letter. BY his
orders, the State Government OF
South Carolina was revived, and is
now i'll full operation. L am here to-
day by that authority. He says South
Carolina is a State, and that she is
now in the Union. Iknow no higher
authority. Can tho brave, the gene
rous and manly of the North 60 be-
hind the record Of the Chief Magis-
trate Of their own choice? No. Under
the opposite theory of our Govern
ment, and against which weheroically
fought for five long years, viz: that q
State cannot secede from the Union,
South Carolina is now State, and
she is how in tho Union, because
she could not get out Of it. Hence,
under each and both OF these theo-
ries, South Carolina is q State, and
she is now in the Union. Such being
the case, / would have her bear her
self as becomes a State in the Union.
l admit, Mr.. Speaker, that great
changes have occurred in the country
during the late war, which necessi-
tates corresponding changes in the
organic law, and [ am prepared to
make such changes as will ameliorate
the condition of the country and ad-
vance the civilization of the age in
which we live.
The question which naturally arises
here for solution is, how are these
changes to be made and met, if we
would preserve the principles of the
republic? The Constitution points
out but two modes by which it can
be done. The one is by Congress,
when two-thirds of both Houses deem
1t necessary, proposing amendments
which must be adopted and ratified
by the Legislatures of three-fourths
of the States, or by conventions in
three-fourths thereof, before they
can become part of the organic
law. The other IS by convention of
all the States, convobed by Congress
upon the application of the Legisla-
lures Of two-thirds of the States pro-
posing amendments, which must
travel through the same process of
ratification. An important question
presents itself just here, viz: Is the
Congress, rs now composed, the Con-
gress contemplated by the Constitu-
ton, and competent to propose
amendments to that instrument?
During the war, the Congress, rs
now composed, was competent to
enact such laws as were necessary to
preserve and carry on the Govern
ment, because the eleven Southern
States were absent by their own voli-
ton, and there is no provision in the
Constitution to compel their attend
ance. The case now, however, is
very different. The Southern States
are clamorous to be admitted to their
seats in Congress. The Constitution
knows no Congress as competent to
propose amendments, except it is
composed Of members from all of
the States. The present Congress is
not composed of members from all OF
the States; therefore it is not compe-
tent to propose amendments. Hence,
any propositions to amend the Con-
stitution emanating from that body,
as now composed, are illegal, because
void Of the sanction Of Constitutional
law, and you cannot receive and en-
tertain them without u subversion of
the principles of the republic, and
change in her form of Government.
Another equally important question
presents itself at this point, viz: Can
we, from present appearances, rea-
sonably expect such a change in the
composition of Congress as to render
that body competent, in accordance
with the provisions OF the Constitu-
ton, to propose amendments to that
instrument? What is the present
condition and position Of things? We
live under a great complex system Of
Government, Democratic and Repub-
lican in its form, and divided into
three great Observation-Disclosures
tive. Executive and Judicial. The
Legislative and the Executive are ths
two departments most intimately and
directly connected with the solution
Of the question before us. I shall,
therefore, define only their positions.
The Executive Department has plant
ed itself upon the Constitution,
which it has sworn to preserve, pro-
tect and defend, and it cannot recede
The Legislative Department has
taken It's position in antagonism with
H.