The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-07

II these acts are found to be in conflict with
the constitution, the course to be pursued ii
| very simple. No person engaged in the exer-
else OF power can ever perform anything valid
unless he keeps himself within the limit Of tho
grant. The agent cannot bind his principal
beyond the scope Of his authority. In. Eng
land, where the monarch is the depository O.:
sovereign power, and all are subject and swear
personal allegiance, the theory is that the king
can do no wrong. yet If he evsr cross the Line
OF legal prerogatlve the courts say his acts are
void. he alluded to the act of Louis Philippe
making the power to suppress rebellion an OK.
cuse to send Geoffrey b, fore military com.
mission, and the declaration Of the court that
The order was void. He then analyzed the or.
ganization and limitation of the three depart
ments OF our government, showing that il
State undertake to do what the general govern
meDt alone can perform, tile law is void, and
when the general government undertakes to-
control matters within the legitimate functions
of the State, the law is, in like manner, void.
He maintained that if one department Of this
government transgress the boundary Of power,
it is surely the duty OF the others to resist it,
IN so fur as not to lend its aid and assistance
in carrying out tho act because if they do 80
they become participants in the crime Of usur-
patton. Tne way to decide the constitutional
ty OF this act OF Congress in question was to
compare it with the constitution itself, and il
one goes to the ground and the constitution
becomes stronger for tho attack made on it.
Nobody ever pretended not to understand
the general scope and genius Of the constitu-
ton, for 1t glitters all over with the light of
liberty. We understand that this act of Con-
gress is gross violation Of the constitution.
1t is not only an exercise of ungranted pow
er, but selZure of power reserved to tho
people themselves, and expressly forbidden,
and after taking it in keeping it wields the
power to take away The very rights which
tho constitution vas framed on purpose to
defend.
The act Of Congress totally overthrows the
governments in the ten Southern States. In
the Northern States no military force is allow
ed to be at the polls. In the South the militia
ry officers drive up men to tho polls and drive
others away. They superintend the stufipg
OF ballot-boxes, anu ii the result does not suit
their purpose they throw them aside. Here
we have free press. 1t claims as large q
charter as the wind, TO blow on whom it
pleases. There, if the editor of a newspaper
attempts to express an opinion, he does it at
the peril Of being dragged before military
tribunal.
Mr. Black said Congress has no right to pun
ish single individual tor the most atrocious
crime, even on confession of guilt, because
this would be a usurIation Of power. Much
less havo they the right to try nine millions at
once ON bill Of pains and penalties, and con-
vict them behind their backs without notice
and hearing. But whether this law is consti-
tutional or not, whether it is outside of the
constitution or not, is thing fixed and deter
mined in the case of Mulllgan.
MIR. Black suspended his remarks, owing to
indisposition, and will conclude them to-mor-
row. In addition to AIr. Black, DAVID Dudley
Field and Judge Sharkcy appear for McArdle,
and Messrs. TIumfall and Carpenter for the
government.