The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-04-10

Second Because the power to suppress insus-
rectlon IN any State, and punish the individuals
And thrd-The Convention would not grant
power TO Coneress to declarelwnr against . Stat6
or gun1ah state,or intict any palms, penalties OF
would carry withi fhe power to expel State n.
definitely from the Union, or to treat it as a CON
ssss 1o5en fbP The Onion Of 81 the
indissoluble, either by State or Federal authority
We know that the refusaliof the: Convention which
framed the Constitution TO grant to Congress- the
State in its corporate capacity, been most err
Goneousiy cited as the resistance in the
south to TIE armies Of the Union; but those ar
march to destroy States, but, under the power
granted BY the Constitution, 80 execute the laws
Of the Union and suppress insurrections, nor
eral Government be arrested by any State law or
ordnance whatsoever. I@ ~ =
Indeed, not only did Congress never declare war.
Du51t commenced tbefore Congress was convened)
suppress an iEsuIrecion and was 80. continued by
Congress throughout the conflict. Similar views
were set forth by President Jackson after the Sc
cession ordinance of South Carolina, in his great
Of 1882 carried out by the force Bill Of
that date, and by the army and COM
ha 81 ys%a SsSt aa Ep 81
'iincomParable speeches.; OF that date; such we're
the opinions OF Henry Clay, Martin Van Buren,, and
all the Union patriots Of that date 5; such was the
acton of Congress in suppressing the whiakey in
suHeeh6R of!179s,. and the :Ofnstead revolt Of
1907, although sanctioned by. the Legislature and
Governor Of Pennsylvania; such. the action Of the
cession OF 1882 such WIS the action of Concress
and Of PresiaeEt e. lincoln throughout the recent
rebellion, and sach has been the uniform opinion
OF thus Court. Congress never did declare war
against . State Or attemptto punish q State or
exercise any such power, unless indeed its recent
action a within the last few wseka may be regarded
whether many, "a ma3oritg Or a.minofityt ttI by
secession @ e otherMse attAmptea BY force to de-
: taa H9pamgee OF a,ssqsye the Rn9n it
ITS whole military pewer was the right and duty Of
the Government. Throughout the rebellion the
tion remained IN full force ii the state s6
!aws framed under and il ;subordination to the
Federal Constitution. ~ 49,. :
z These 6ormer State lions and State laws
rebellion, and; they are inforce now except SO {ar
as changed sincet the suppression Of the insurrec-
tion BY the people Of Save acting in, ,subordi-
nation to the Federal Constitutions q ~by aIneHd-
ments to It: An unsuccessful rebellion does not
Withdraw State from the Union. deprive the State
O. any Of its rights the Slate eonstia-
that instrument, or to frame, or Gc,.lte; IN whole
or IN part, any new Congress- cnIriot
change terms Established by the Federal Consti-
tation in the Senate and Hoase OF Representativs
cae i Unless . State shall lsEuIsts ISa tie the
shall be orsve ano te h uao@ GonsFsss Fa
Of the States over whom this power is attempted
e be e1aresed are a1aung the States which framed
mitted under ulaiserabie and asr Wsss l1
compact, msde binding and corclsaiva. an fi1ia
9i1osgtnHent rby which they we're IoreEer to en-
compacts and TO be adInitted as they ware info
the Union, ION the same footing with the cripinal
States an all respests Is thls true;
srighto suffrage now and IN saii tine hsreaftsr la
within their hmita at 2heir pleasure, but VrVnia
and Mississippt cannot do 90 Is STATE, even 81
the ght sufase, and exercises ss e oshsr S
powers, not delegated By the In ruth
q State Sor is it not merely ruvince,
zion, NOT state ef the sUnion = .certsinsy Il Is
not, as required, q. State con the same footing
with the original States I'm all respects whstsS
the Gdna Il was tte Ssaai oners y
tzon'in AL StatesE Congress cannot discrimi-
nate aInong States in the exercise Of it's corgtit1-
esa .yhs e sasxs sssss san and
vote and forever IN one State but s main
The decisions raats not IN. Congress-, fcr II poa.
sesees only Legislative and rot judicial power.
ts there then no tribunal for the peacetul settia
ment Of disputed questions OF constitutional law
Hon shroughout the sUnion Mnss ssssSrhv a.v
erns orsia thes sword to bethe umpire r. Fhe tfird
ssssciS o. the Cobssssasiol organizing the iacin
that judicial power 81 tbs United STATES % shan
Pc vested In one Supreme Court Il &C.; &c q shall
the Consiituti the lawss 81 ths sthited Etatas
6ds 70 consroVersiess to which. the United Htafes
%ey ee 4; gs.s il aeelsres that
preme Court shall hare original iurisd Can
any language be more expl licit than this q "a