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

held undor authority of The ConJtitution and laws
in force ia South CarOlnaat tho time of the pas
sage of tho Reconstruction Acts.
/ The Supreme Court of the United States has,
in the Dred Scott Casc in reference to the statue
of the negro African race, and in reference to the
power of tho States respectively in regard to citi
zenship, decided as follows: That the words
"people" and citizens" as used in the Consti
tuition, mean the same thing that the negro Af-
rican race were not during the Colonial Govern
ments of this country, or at the time Of tho Dec
laration of Independence, or the adoption of the
Constitution, regarded as Citizens; thata negro,
q dsscendent of parents imported into this coun-
try from Africa and soldtas slaves, cannot within
the meaning of the Constitution. become cis-
zen.of the United States or of any State compOs-
ing the Union; that Congress- has no power to
naturalizo negro, born in this country of slave
parents; that person may be citizen ola State
and yetnot be allowed to votc-ior instance women
and minors; that State may grant the privilege
of voting TO q person who is not citizen-for in
stance to foreigners who have not beon natural
izod; that n State, for State purposes alone, may
grant citizenship to whomsoever 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 conflict with it,
is null and void; and it is the plain duty of tho
people to disregard any such act whenever itmsy
be in their.power so to do.
The Constitution, Article 1st., Sect. 9, says
" The House of Representatives shall 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 any vote cast by negro for a
| member to Congress, even at an election legally
1 held, would be unconstitutional and illegal, and
could not o,counted. This argument will apply
with equal force to the election Of Electors for
President and Vice. President - -
] The Democratic party has, in its platform,
avowed Constitutional principles; has declared
the Reconstruction Acts to be usurpstions and
unconstitutional, revolutionary and void and has
recognized as Constitutional bodies the Conven-
tions that assembled in the Southern Suites cub
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:
"It Is worthy Of remark that if the States
whose inhabitants were recently in rebellion, were
legally and constitutionally organized and re-
stored to their rights prior to the 4th Of March,
1857, MS am satisfied they were, the only yleeiti-
mate authority under which the election for Pres
ident and Vice President be held thcrein must
be derived from TIE governments Instituted before
| TINT period 1t clearly follows that all the State
i governments organized in those States under act
Of Congress for that purpose, and under military
control, are ilegiinlate and of no ralidity ,chdt
4 euer and lin that view, the votes cast in those
States for President and Vice. President, in pur.
suanee Of; acts passed since the 4th of March
1857 and in obedience to the so.callcd reconstruc
ton acts of Congress cannot be legally received
and counted; while the only rotes in those States
that can be legally cast and coantsd will bo those
cast in pursuance Of the laws ip force IN the seVe
raj States prior to tho legislation by Congress
upon the subject of Reconstruction"
The Reconstruction Acts beingns characterized
above, it,follows that any Governments aetup b.
their authority ore illcgitimate; and ell elections
held under. authority of an illsgitilnatc Govern
mont are illegal and the votes cast at such ~
election could not be counted if cast by legn
voters. The Democratic party, it seems to me, nr'
thus o.topped from counting votes cast by author
ity of tho Reconstruction Acts. Having by oul
own act, excluded from the count any vote pollct
as above Indicated even if cast in -our favor, th,
only advantage in intending for it would be t
prevent the other party from getting it. To ut
tempt to do this, would, in my opinion be IN use
les, undertaking, and would result in frtterjDs
away our strength IN wrong direction. II VI
should elect Democrat 10 Congress, under the
authority of the Reconstruction Acts, he would
not, whether, the House be Democratic or Radi
4 cal, be permitted to take his seat. If the Hous
should be Radical, he would be excluded by tn
test oath; if Democratic, by reason Of his having
been elected under usurped authority. II, how
ever, we elect a Democratic member under nu
thority of tho Constitution of 1865 and the law
pursuant thereto, and the House should be Dem
ocratc, the test oath would not for tho following
reasons, be required of him, nnd he would be nd
mi,ted to scat. The test oath Act is penal
statute. The pardoning power is, by the Cohssi
tuition vested in the President; the President ha
proclaimed m amnesty which applies to nearl.
every body in tho South nnd "an amnesty is
perfect oblivion of the past" The Constitution
directs that the vote cast for President and Vice
President be sent to the President of the Senate
| II the Radicals send tho vote cast under the au
thority of the Reconstruction Acts, and the,Dcmo
i fha uufhn iiu m
the Constitutions of 1865, then the question viii
arise Ms to which is the legitimate Government O
tho State. That question the President of tht
Senate has no more right TO decide than any 9th
er citizen. nsthis way, tho whole question o.
the constitutionality OF the Reconstruction Acts
I may be brought for adjudication before the Su.
/ promo Court. Or the President, who is required
by tho Constitution TO TINT tho laws,are faith
i fully executed, may regard the decision in the
Dred Scott case rs being the law Of the land, and
proceed accordingly
To this course Of action We have been invited
by the President in his oficinl capacity, und by
the Democratic party in national Convention as
selnblcd. There is nothing revolutiunary in this
course; the sword is not only Hot appealed to- but
on tho contrary tho appeal is made TO the consti-
tuted authorities through the ballot box.
Itis worthy of note'that 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
the United States and, therefore, al questions
~ to the legality Of these elections will be de-
tcrmined not by the State Governments, but by
tho constituted authorities ut Washington. Tho
negro rule inauguralcd by the Reconstruction
Acts may bo considered us being de Jaeto rs to