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

Constitution, TO become the written law of the |
laid" TnApDErs S1EvExs. one Of the most in- |
iucntlal lenders Of political opinion at thu
NORTH, writing. August 20, 1867, ON tho recent
cabinet nnd military cl,nngcs, nndc by tho
President, snys TINT lie had advised at tic In st
sessiap Of Congress the passage of nh Act
prohibiting tho removal of District Com,nan
1ers, without the consent Of the Senate"
"Somo OF tho members Of the scnntc seemed to
doubt their power under the Constitution,
'rh'ch they hat jaa rfpndiafrn, and outside of
"hirh W ayrerd TINT IRE mert acting, else our
whole work of rcconstr.cti,r was usur-
patton"
Here is IL full and free confession from one
OF the lenders in Congress. that all the recent
legislation Of that body, relative to tho South
arn States, is s';tu,iounl. When, therefore,
we hcnr in mind that the Reconstruction Acts,
thus openly pronounced unconstitutional, OF
errd constitutional, were passed by the
luminous votes Of the Republican mem
bers OF Congress-, the most conservative
| rs well as the notwithstanding such
men rs Tho Hon. REvERDr JOHNSON, not
| otherwise identified with The party; that they
were pissed in every instance by mn oycrwlel-
ming majority Of both houses; thus certainly
representing the majority Of the people of tho
Northern Statcs,-wo can arrive nj no other
conclusion than that the people of the North,
certainly NIL those who voio the Republican
ticket, are rcndy to accept tho tenets of their
| party in place Of the Constitution. When,
therefore, we mike learned arguments going
to prove that this or that law is unconslitu-
tionnl, we waste our breath. We appeal to
on authority that is no longer recognized.
The New York Iferaid expressed this boldly,
Mt tho time Secretary BRowSISa wrote his
masterly letter against tho Howard Amend
mcnt, when il said that if the premise il
conceded, the conclusion is inevitable. But
the premise is denied. Tho Constitution of
our fathers is thing of tho pnst, and not
adapted to our present times or circum-
stances.
II is all important that We should bear these
fncis in mind, md shape our conduct accord
ingly. Az far rs arc conccrned-thu peo.
pie of the ten unreconstructcd States-we hnve
been denied constitutional rights" by the
President no less Than by Congress. We were
declared robcls by both these departments of
nnnnllcd, and our constitutions and our laws
set aside. The only question between the ex-
eculire and the legislature, was which of the
two should have the direction of the question
of reconstruction. It is singular that This fact
is now generally lost sight Of by the Southern
people, and yet il is a proposition peri city
| demonstrnble
PrN4itlpnt In min ui sIo toI
RINK We had forfeited, upon the fulilluent ON
our pnrt of certain conditions. These oondi-
tions we made haste TO accept; and there is no
reason whatever 10 doubt that, Ind the Prcsi-
dent been left untrammclled, We should have
found no further obstacles in the way to our
restoration into the Union. Congress, how
ever, interfered, nnd at once took the whole
matter in charge. Whether it had the right to
dictate terms to us or not, il certainly had the
power, and the most conclusive proof of the
existence of this power, was that we soon
found ourselves under military government.
Wo accepted the Presidents conditions.
Why: because We wore powerlcss. We
dcnurred somewhat, it is true. to the re-
quirement regarding tho Confederate debt.
Now why, when we found that Congress
nnd not the President, had tho power to
dictate the terms of reconstruction, could we
not equnlly accept tho conditions proposed hy
them. as contained in the IiuwAwn Amend
ment? Becnusc honor forbid! why should
honor have forbid our acquiesciug in the dis.
franchisemcnt of some of our citizens, unL
not our acceptance Of the requirements of
tho President of The United States?
But, it is said, Congress would not have full |
hiled its part of The compact, even though ne |
Ind adopted the Constitutional Amendment.
There is no authority whntevcr for such as-
sumption. On the contrary, Senator SnxR- |
MAN, Of Ohio, the leader of The conscrva-
tive wing OF tho Republican party, and the |
author of the original draft of the PRESENT |
Reconstruction Act, in q speech male ON tho |
10Th inst. Mt Canton, Ohio, said:
Even now. il tho South, with tho spirit that
actustos General LoNasrnzEr and otlors, vould
adopt tho amendment and elect loyal Senators and |
members under il, their admission to reprosent.
ton would be easy. know what SAY to Won 1,
truo, whom doclare that = majority Of tho Repub-
lichn Senators and momber4 would have admitted
any rebel State upon Its adopting the Amendments
and complying with terms. but during the ses
sion it was said by many Southern mon that the
southorn people would gladly accept the amend
ment, but tho machinery Of JoHoSsos's loyaiieris
lition was in dialoyal hands. They sAid thsy had |
no promise from Congress in 80 many words that
IL thsy accepted the amendment thsy would bs ad |
mittsd. It Was tornest ttliejt hinfcnlties and TO
settle definitely the status or the robsl State uov
srnments and OF the colored pooplo. that the no-
construction Ao' of!tho Jas. regular session was
Mr.. SHERMAN then gives The following re-
SHINE of the history of the bill that is known by
his name:, ts
"fou will remember. fellow citizens, that this
Act includes all that WAS passed on reamsluotion
at that session. A great many things wore pro.
poAod. Bono members ueIo in favor Of limited
conscaton Of land; soma in favor Of military gov
srnment4; solpe In favor Of treating tho ainend-
mont AZ already adopted by thrce-fourths Of tho |
loyal States; but noithor OF theso measures met |
the assent OF Congress. As 10. eon6soation, it |
would be q proper and just msisnrs OF punish. |
mont in some cases to tako tho land Of leading
rebels, buta general sysom OF confiscstion az a |
mode OF punishment Is 30 unusual a measure in
country, and It's evil effects on the innocent a.
vol AZ tho guilty haa been so lasting and d,sas
trous in ireland and France. that should he.i,st.
long before agreeing 10 II.
military governments ought to be only tempo
rarJ scafolding for civil governments. They ara
30 regarded, and their contfuusncn abonld M, ~