Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-09-16
For the Advertiser:
Mr.. EDIron: I submit for publication The fol.

FOr tne -AuVertiscEs
Mr.. EDIron: submit for publication the fol-
lowing v:-ws:
Resolved, That the election of Electors for
President md Yice-President and for Members
to represent this State in Congress ought to be-
held under authority of the Constitutionsand laws
in force in South Caroina at the time of the pas
sage of thc'ReconstructionA Acts. -
The Supreme Court Of the United States has.
in the Dred Scott Casc in5referOnce to the statue
of the negro African race, and in reference to the
power of the States respectively in regard to ci-
zenship, decided as follows: That the words
"peope" and citizens, as used in the Consti
tuition, mean the SAME Thing /; that the negro Az
rican race we're not during the Colonial Govern
ments of this country, or at the tine of tho Dec
laration of Independence, or the adoption of the
Constitution, regarded as Citizens; thata negro,
a descendent of parents imported into this coun-
try from Africa and soldsas slaves, cannot, within
the mesning of:the Constitution, become citi-
zenof the United States or of any State compos-
ing the Union that Congress has no power to,
naturalize q negro, born in this country of slave
parents that person maybe citizen of a State
and yetnot be allowed tovote-for instance women
and minors; that State may grant the privilege
of voting TO aperson who is not ctizcn--for in
stance to foreigners who have not boon natural.'
ised; that State, for State purposes alone, may
grant citizenship to whomsoeyer she, may see
proper.
This opinion of the Supreme Court has not been
modified or reversed by that tribunal; and conse-
quently any act of Congress in cOnfic with-it,
is null and void; nndit is the plain duty of tho
people to disregard any such act whenever itmsy
be in their.power so to do. ~ 80
The Constitution, Article ls;-, Sect. 2, says
"The House of Representatives shal be COM
posed of members chosen every second year by
the People of the several States" Since negro
is not one of the people; that is to say is not a
citizen, therefore anyvote cast by q negro foE a
membefto Congress, even at an election legally
held; would be unconstitutional and illegal, and
could not tbO.counted. Thia:nrgument-will apply
with.equal force TO- the election Of Electors for
President and Vice. eesident -. ~ :, !.
Tss Democratic party has, in its platform,
avowed Constitutional principles; has declared
the Reconstruction Acts to be usurpations and
unconstitutional, revolutionary and void and has
recognized as Constitutional bodies the Conven-
tions that assumbled in the Southern Suites sub
sequent to the war aud prior the passage of the
Reconstruction Acts. Tho President in his veto
of the Electoral College Resolution uses the fol-
lowing language: g
"It Is worthy Of remark that if the States
whose Inhabitants were recently in rebellion, were
legally and cqnstitutjonally organized and re-
stored to their rights prior to tho 4th of March,
1867, MS am satisfied they were, the only legiti-
mate authority under which the election for Pres
ident and Vice. President be held thoren must
be derived from the governments Instituted before
TINT period 1T clearly follows that all the State
governments organized in those States under act
Of Congress for that purpose, and under military
control, are ilegfa,ate and Of ib ralidity ,Ohot.
euer and rim that view, the votes cast in those
States for President and Vice. President, in pur-
suance Of acts passed since the 4tk of March,
lS67Sand,in obedience to theso.ca]]ed reconstruc.
ton acts Of Congress cannot BE- legally received
and counted while the only rotes in those Statei
that can be legally cast nd c0inted will bo those
cast in pursuance Of the laws ip force in the sevc-
raj States prior to the legislation by Congress
upon the subject Of fcreconstruction." :"
The Reconstruction Acts beingas characterized
above, it,follows that;apy Governments setup. by
their authority, are lcgitiate, and all elections
held under authority ofyan illsgitinato Govern
meat are illegal; and the vOtos cast at such "a, an
election could not bo counted even if cast by legal
voters. The Democratic party, it seems to me, are
thus ostoppcd from counting votes cast by author
ity Of tho Reconstruction Acts. Having by our
own act, excluded from the count any vote polled
as above indicated, even if cast In our favor, che
only advantage in cont ntending for it would be to
prevent the other party from getting it, To-at-
tempt to do this, would, in my opinion be an use
less undertaking, and would result in frittsrjng
away our strength IN wrong direction. If We
should elect Democrat to Congress, under tue
authority of the Heconstructioa Acts, he would
not, whether, the House be Democratic or Radb
cal, be permitted to tako hisrseat,s If the House
should be Radical, hg would be excluded blythe
test oath; if Democratic, by reason Of his having
been elected under usurped authority. If. how:
evor, we electa Democratic member under au.
thority of the Constitution of 1855 and tho laws
pursuant thereto, and the House should be DEM
octatc, the test oath would not, for tho following
reasons, be required of him, nndhe would be I'D
mitted to q scat. The tostr oath Act isa penal
statuts. The, ,pardoning power is, by The cohstI-
tuition vested in the PRESIDENT; the President has
proclaimed IN amnesty which applies to nearly
every body in tho South and can amnesty is u
perfect oblivion of the pas % The Constitution
directs that the vote cast for President and Vice
Presidentbe sent to the President of the Senatc:'
II the Radicals send tho vote. cast under the au-
thorlty of the Reconstruction Acts;.and the,Demo-
Gratis send the vote cast under the authority. Of
the Constitutions of 1855, then the question will
arise as to which is the legitimate Government Of
tho State. That question the President of the
Senate has no more right to decide than any 9th
er citizen. In'this way, tho whole question Of
the constitutionali.y Of the Reconstruction Acts
may y, brought for adjudication before ahe'Su-
promo eourt. Or the President, who is required
by tho Constitution 10 see that the aws.nre faith
fully executed, may regard the decision, in jthe he
Dred Scott case as being the law of The land, and
proceed accordingly. -, .,.
To this course of action we have been, invited
by the President in his official capacity, and by
the Democratic party in nutional Convention as
seinblcd There is nothing Revolutionary in this
course; the sword is not only sot appealed tobut
on tho contrary tho appeal,is made to the consti'
tuted authorities through the baIlot-box.
Itis worthy of notefthat the elections of Elec-,
tors, for President and Vice. President, and for
members to Congress, nre held not under State
authority but by authority Of the Constitution Of
Ii