The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-08-19
under the Act Of February .2s;: :I795.
70 an aai On M :.

under the Act of February 2S..1795.
to SUPPRESS such inshfrectiong and I'd
cause the laws to be extoated. and
that the insurgents had failed ta.dis-
psrse; that other States had since
become involved therein. He states:
nAnd whereas, the insurgents in all
the said States claim. TO act under the
authority thereof, and such claim is
not disclaimed or fepudiated by the
persons exercising the functions of
Government in such State or States,
or In the part or parts thereof in
which such combinations exist; nor
has such insurrection been suppressed
by said States, he, therefore, declares
that the inhabitants of said States,
excepting West Virginia, are in a state
OF lnsurrection against the United
States, and that all commercial inter-
course between them and other parts
of the United States is unla wful, and
certain property was declared subject
to forfeiture. This was an Executive
declaration, recognizing the fact
that the rebellion had developed
itself as rebellion of certain States
as organized communities; hence he
does not distinguish, III dealing with
them, between citizons of those
States who were implicated person
ally IN the rebellion and those which
abstalned from such action; but treats
all inhabitants alike, as necessarily
was the case where the State of which
they were members had assumed the
attitude of war.
The same general conclusions were
embraced in the joint resolutions of
the Senate and House OF Representa-
tives, adopted July %, 1868. The
rebellion was there characterized as g
war directed against the Constitution
and Government of the United
States, and the object of that war,
on the part of the United States, was
declared to be to defend and maintain
the supremacy of the Constitution,
and to preserve the Union, with all
the dignity, equality and rights of
the several States unimpaired, and
that as soon as these objects were ac-
comphshed, the war ought TO cease.
The Supreme Court had the ques-
ton of the status of the rebellion
before them in 2 Black, 635, and re-
garded the war as formal and justi-
fed by the circumstances, es ade-
quately declared under the provisions
OF the Act of July 13, 1861, and as a
war against States organized in re-
bellion, and held that the laws of
war relative to capture and condem-
nation were operative. Thus it will
be seen that the State of South Ca
rolina, capable of being placed in
such relation to the General Go
vernment as to involve herself in the
consequences and effects of war with
that power, actually occupied that
position as the consequence of her
own action; that the Government put
in exercise its constitutional powers.
and continued to exercise the same
until she re-entered the Union, under
her present Constitution, having
complied with the terms and condi-
tions exacted by the war power of
the Government, MS essential to the
accomplishment of the objects for
which the war was waged.
1t is not within the competency
of State tribunal to declare that
the objects sougit in the war were
not legitimate, and the means with
out the Constitution, so long as they
properly belong to the class of war
powers. The United States having
entered and reduced the State in the
right of conquerors, succeeded by
the laws of war to the local powers
of Government, displaced by martial
authority, and while so invested with
as full and legitimate local authority,
under the laws of war, rs the State
had enjoyed under the Constitution
previous to the war, and termina-
ton not having been put to the state
OF war by the concurrent action of
the constitutional powers to whom
belonged the restoration of peace
and the stipulation of the terms and
conditions on which it should de-
pend, passed certain ordinances
among which was one providing for
the calling of Convention of the
people to reframe the Government of
the State-and prescribing the,electo-
raj basis npon which such Govern
ment should exist. With the policy
and necessity of such legislation, this
Court has no concern, nor can it
rightfully determine whether the
other conditions of pacifcation were
necessary or appropriate: it can look