The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-15

rendered with their arms to the conqueror-these
can nevertheless be regained upon the terms pre-
scrlbed by those who remained true to the Union
and the flag. These terms have been announced
by Congress-.
The reconstruction Acts Of Congress enable the
conquered States or either of them, to return to
the Union, If they shall elect to do so. In choos-
ing the moro expedient line Of action, it may be
useful for those concerned to bear in mind some
OF the lost opportunities thrown away by the lead
ers who have heretofore controlled the politics Of
the South. Maintaining always either the attitude
OF defiance or OF antaGonism, or OF reserve, the
Southern leaders have neither offered or accepted
any possible bssis Of accommodation and adjust
meht. Fair terms, repeatedly rendered by the
United States, have been as often refused.
On the 4th of March, 1861, President Lincoln in
his inaugural address offered an amendment to
the Constitution, guaranteeing slavery forever in
the States where it theE existed He demanded
only that the South should relinquish the preten-
sion that slavery must be recognized and protec-
ted by Congress in territory under ahe exclusive
jurisdiction Of the federal government. Lincoln's
magnanimous offer was treated with disdain.
South Carolina declared and began hostilities.
In 1862, President Lincoln proposed as the basis
Of settlement, a scheme of gradual emancipation,
with compensation.
In September 1862 one hundred days were given
to those in arms against the government to deGbe-
rate and choose between peace, retaining all their
slaves and their political rights intact-or war; fol-
lowed by emancipation, confscation, and the loss
of all political rights. Unhappiy, the latter
alternative was chosen.
On the 1st of January, 1868, emancipation was
proclaimed.
In 1864, President Lincoln invited negotiations
for peace on the basis Of restoration a political
rights and a liberal measure Of compensation for
emancipated slaves. Negotiations upon the pro-
posed basis were declined by the enemy.
In 1866, at the conference Of Fortress Monroe,
President Lincoln renewed overtures for peace.
ond
In 1866, after the surrender, President johnson
invited the constituencies included within the
provisional governments he had established, TO
send eligible representatives to Congress. Repre-
sentatiyes were, indeed, chosen but not one in
ten could take the oath Of Office prescribed by
Congress for members, and thereby representation
was lost.
In 1866, Congress, in an amendment to the Con-
stitution, proposed terms OF settlement adjusting
the basis Of future representation, imposing dis
qualification for Office upon certain persons who
had borne arms against the United States, and
granting by implication general amnesty to all
others. This amendment, adopted by nearly oil
the States in the Union, was not accepted as o
settlement by any of the rebel States except Ten
nessee, and thereupon Tennessee was promptly
restored to the Union, with all her ancient rights
and dignity unimpaired.
During 1865 -66, riots tumults, ARRAYS, and
long catalogue of cruel and unproyoked outrages
upon Union soldiers, loyal refugees, and blacks,
be continued from the Potomac to the Rio Grande,
until, by enfranchising the blacks, they should
possess sufficient share of political power to
command respect and security for their own civil
rights, and reinforce tho loyal white element OF
Southern population. ..-.- ..a.--
: In March and July, 1867, Congress, by the Re
construction Acts reaffrmed and continued mill
tary rule over the conquered teTitory-prescrib-
ing, however, certain limitations and regulations
in restraint Of martial law; and at the same time
s,,ho tfanf fha, riyi1ac nd fhQ
means by which q majority jim any one Of the rebel
States might organize legal government and be
readmitted to the Union.
Now the question for the South is whether to
reject this last opportunity and thereby challenge
Congress to do its worst, or by accepting, in good
faith, thu profered terms, put an end to seven
years OF strife save what is left, and regain at
least, if not political power, large measure OF
political rights.
The fruits Of the policy of the past seven years
Element offered by President Lincoln on the 4th of
March, 1861, in his first inaugural address, and
the terms now proffered by Congress in the Act Of
July, 1867. II Lincoln's peace offering had been
accepted, the wealth, prosperity and power OF the
South would have remained unimpaired, and all
the sacrifices of long war saved.
Acauiescence now in the measures provided by
Congress to restore tranquility and establish legal
State governments in the conquered territory, Is
an obligation resting upon all who have the cath
it can only be said that the measures of Congress
impose upon tho yanqqiahnd the institutions OF
the victors. And II it be true that antagonislcal
institutions made us enemies III war, then with
out homogeneous institutions we may not. oven In
peace, be friends.
II NAV be assumed that,no disability will be re-
moved from those who resist, oppose, or discour-
age reconstruction. In every State where terms
offered by Congress shall be rejected, it is plain
that thenceforth political power will be altogether
and finally remitted to the hands OF those who
have ever been loyal to the Union By the rejec-
ton OF the terms of reconciliation now offered,
the promoters of discorl will, sooner or later,
find themselves without possessions, without
franchises, and no longer the peer OF the humbest
citizen OF the republio-and then will the rebellion
have worked upon its unrepentant authors lts own
impressive and signal retribution.
The particular grounds of complaint suggested
in your remonstrance remain to be considered
You take exception to paragraph VII. OF Gen.
eral Orders SO, which declares that certain con-
tracts if hereafter made by dealers in intoxicating
liquors shall be deemed and treated, within this
Military District, Us against public policy; also to
paragraph * General Orders 50, abolishing dis
tress for rent, and substituting in lieu thereof GER
tain liens; also to General Orders 10, staying the
remedies ter the enforcement OF certain classes OF
dcbts.' 1t Is to be inferred from your statements
that Won regard the revocation OF these orders as
essential to the interests Of those engaged in oom
merce and trade.
It is not always possible to extend to commerce
the facilities most desired BY merchants 1t should
be remembered that while it is the province Of
commerce to direct the material resources and en-
ergics Of tho country into channels Of enterprise
that nourish material and moral development, yet
commerce itself is dependent upon domestic secu-
rity and confidence, aud tho productiveness in 10
bor in the departments OF agriculture and manu-
factures. So far from complaining OF temporary
nconvoniences, those whose fortunate privilege it
30 tn ha M nanitn1
try should be willing to forego other peculiar
privileges for the sake of promoting the produc-
tions OF labor, from which The profits OF commerce
are mainly derived.
No. 81, be6ause certain Northern, Western and for
eign distilers had, previous to the ORDER consgn-
ed Equors for sale within this Military District;
that the customs duties on foreign liquors, and
tho excise tax ON domestic liquors, had been paid;
anj YOU regard it as an act OF injustice to these
parties to "suddenly withdraw all protection from
said property against fire, and also to protect the
owners Of said property from collecting their just
debts at common law" You will find, by referring
to the paragraph. in question, that it has not the
retrospective operation complained of. 1t does
not interfere with contracts OF sale storage, or in
surance already made when the order went into
operation; nor does it prevent the sale of such
liquors by properly licensed dealer, who con-
forms to the prescribed regulations for this traffic.
The objection presented by you to paragraph IX
Of General Orders No. so, abolishing distress for
rent has been repeatedly rejected by the courts OF
the country, To modify remedy for the enforce
ment OF contracts does not impair their obligation,
of distress for rent has been enacted without re-
gard to existing leases and tho proprioty OF speh
legislation has been judieally sanctioned. While
approving the measure at large, you base your
only objection to it on tho erroneous -suppositon
that parties making contracts have right to de-
,,onS thot thorc shall be no change in tho princi-
ple or policy of tho code OF procedure during the
Of such As Aho ths sontTo of the
Contracting parties, you will perceive that the
RUson would q bs se G nGees
Of Justice to the interests and even caprice of in
dividuals.
In proceeding to consider your objections to
General Order No. 10, staying certain remedies tor
the collection OF debt it will be proper first to no
tice your statement that the Legislature OF south
Carolina passed law for tho same purpose, and
which, as you observe, was declared by the Court
Of Appeals unconstitutional This as aho oadec
had great weight LII tne " Ino oiuot oa
:, nnnatinn The aetOn of the Legislature was