The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-12-04

| pOnenG parts OF the Union, the Con-
stitution is the supreme law for
them, as it is for all the other States.
They are bound to obey it, and 80
are we. The right of the Federal
Government, which is clear and
unquestionable, to enforce the Con-
! stitntion npon then, implies tn.
correlative obligation on our part to
observe its limitations and execute
its guarantees. Without the Consti-
tuition we are nothing; by, through.
and under the Constitution we are
what it makes us. We may doubt
the wisdom of the law, we may not
approve cf It's provisions, but we
cannot violate it merely because it
seems to confine our powers within
limits narrower than we could wish.
1t is not question of individual, or
class, or sectional interest, much less
OF party predominance, but of duty
OF high and sacred duty-which We
are all sworn to perform. If we can
not support the Constitution with
the cheerful alacrity of those who
love and believe in it, we must give
to it at least the fidelity of public
servants who act under solemn obIi
cations and commands which they
dare not disregard.
The constitutional duty is not the
only one which requires the State to
be restored. There is another con
sideration which, though of minor
Importance, is yet of great weight.
On the 22d day of July, 1861, Con-
gress declared, by an almost unani-
nous vote of both Houses, that the
war should be conducted solely for
the purpose of preserving the Union,
and maintaining the supremacy of
the Federal Constitution and laws,
without impairing the dignity, equal
ity, and rights Of the States or Of
individuals; and that when this was
done, the war should cease. I do
not say that this declaration is per-
sonally binding on those who Joined
in making it, any more than indi-
vidual members of Congress are per-
sonally bound to pay q public debt
created under law for which they
voted. But it was solemn, public,
official pledge of the national honor,
and 1 cannot imagine upon what
grounds the repudiation of it is to be
justified. If it be said that we are
not bound to keep faith with rebels,
let 1t be remembered that this pro-
mise was not made to rebels only.
Thousands of true men in the South
were drawn to our standard by it,
and hundreds of thousands in the
North gave their lives in the belief
that it would be carried out. It was
made on the day after the first great
battle of the war had been fought
and lost. All patriotic and intelli-
gent men then saw the necessity of
giving such an assurance, and be-
lieved that without it the war would
end in disaster to our cause. Having
gwen that assurance in the extremi-
ty OF our peril, the violation of it
now, in the day of our power, would
be rude rending of that good faith
which holds the moral world together;
our country would cease to have any
claim upon the confidence Of men; il
would make the war not only q fail
ure, but fraud
Being sincerely convinced that
these views are correct, would be
unfaithful to my duty if I did not
recommend the repeal of the Acts of
Congress which place ten of the
Southern States under the domina-
ton of military masters. If calm
reflection shall satisfy majority of
your honorable bodies that the Acts
referred to are not only o violation of
the national faith, but in direct con.
fict with the Constitution, I dare not
permit myself to doubt that you will
immediately strike them from the
statute book.
To demonstrate the unconstitu-
tlonal character of those Acts, I need
do no more than refer to their gene
raj provisions. It must be seen at
oncelthat they are not authorized.
Io dictate what alterations shall be
made in the Constitutions of the
several States; to control the elec-
tions of State legislators and State
officers, members Of Congress and
electors of President and Vice -Presi-
dent, by arbitrarily declaring who
shall vote and who shall be excluded
from that privilege; to dissolve State
Legislatures or prevent them from
assembling; to dismiss judges and
other civil functionaries OF the State,
and appoint others without regard to
State law; to organize and operate all
the OOlitiool N, n oh;na,x, oe Ll.n c,l.Io.,