The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-01-29

ner pointed out by itself, nor by
%the- spontaneous action Of the con
stituency recognized by it. The
concluding clause Of our constitu,
jtion of 1865 reads thus: "7his
constitution shall be altered or amend
ed only 5y a. contention Of the people,
called for that purpose By act Of the
General assembly,"
! Bear in mind, general, that |
! am row discussing your PROPOSE
ton, that the present ordinance is
to be regarded ':as an approplia.
tion made by law" in the sense
used by the Constitution of Geor-
gia which prescribes that no
money shall be drawn from the
treasury of this State, except by
appropriation made by law. AS a
1logician for the purpose Of tie argu-
ment, You concede that | am bound
by the constitution, and are seek
iag to convince me that this ordi-
nance comes within the exception
to the prohibition. Now, look at
it in the hight of the concluding
clause l have quoted, prescribing
how, and how only, it shall be al
tered and amended. That clause
( is conservative of the constitution
itself. The convention which
passed this ordinance, and which
is assembled expressly to make a
constitution for Georgia, is not
called as provided in that last
clause, and is, therefore, put under
the ban Of the constitution now
existing. Yet you say an ordi-
NANCE made by 1t is, in the sense
of that very constitution, u ''la'r,"
,appropriating money. If I be
light in defining the term '7ap,'
rs used in the prohibiting clause,
have only to add that the law
making enwers established hy the
constitution has made no such
appropriation. The convention
which made THIS ordinance is called
into being BY certain acts ot the
Congress Of the United States, is
one OF the agents ot-that Congress
yoHrseIf being anothcr) for the
purpose oc carry ng into effect a
certain purpose. You construe
those acts as giving authority to
the convention to appropriate
money out Of the treasury Of Gecr-
yia. Do you hold, general, that
the Congress Of the United States
coald directly, by its own simple
act, appropriate money from the
treasury of Georgia. If you do.
YOU will confer a great favor by
designating the article, section
and clause of the Constitution Of
the United States (whcncc only its
powers Gomez comforting that
power. If you do not so hold
(and I scarcely think yoa do), will
you insist that the Congress can
confer upon its agents larger pow
crs than arc possessed by itself?
Should you say that you are not
permitted to consider those Recon
struction acts without reference
to their constitutionality or their
justice, or their expediency-that
you came here to execute them,
and must do so? Pardon me. for
replying that you and | look at
them from a different standpoint.
I have said that I have sworn to
support the constitution of Geor-
gia and of the United States, and |
have a serene consciousness that
in declining to obey the behest of
the convention, and to comply
with your courteous request, | but
pay a doubtful homage to both
constitutions.
Secondly, | have considered the
subject with reference to the Re
construction acts themselves. |
can find nothing whi,h in the re-
motest degree authorizes the con-
struction that they intended to
saddle tho treasury Of Georgia
with the cost of their novel enter
prise. 1t is very clear that they
intended that cost, up to the as
sembling Of the convention, to
come out Of the Federal treasury.
They have with equal distinction,