The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-24


constitution. IF it be said that member Of
Congress is nearer to particular constituen-
cy, OF that Senator is nearer to particular
State than the President, because each has
been selected to represent the citizens or DOM
inant party Of that particular constituency or
State, it may be said OF the President that ne
is selected by broader constituency than
either-that is, by the people or dominant ma
jority in the Union, who, in selecting him, are
presumed to subordinate local considerations
to those Of the general welfare. A Presidents
Office, after all is said, is one that, in crisis
like the present, should be held superior to
everything except his fealty to the law"
"Then you regard the Supreme Court as
equally independent of legislation by Con-
gress 2"
"Unquestionably it is. The Supreme Court
is as much separate and distinct branch Of
the government rs Congress or the Executive.
What right has Congress to usurp the preroga-
tive of the people III this case, more than in
the other 2"
pardon mean right in suggesting That
no clause in the constitution actually prescribes
what number Of judges shall decide case in
the Supreme Court ?"
s'The provision was not necessary. Time
honored usage-nay, the regulation of the
court itseH-was and is sufficient. A majority
of judges have always prevailed in all courts
in England, France, and elsewhere as well as in
the United States. This is an attempt to strip
the Judicial branch of the government OF
right which it is competent 10 define and
maintain"
'Tt is your opinion, then, that majority of
the court con decide against the validity. Of the
pending bill, and ignoreit fit should pass both
Houses ?"
''That is my conviction"
s'It may be superfuous to presume that the
President is in no wise at fault respecting the
partisan object of both the bills which have
been alluded TO p
'sQuite superfuous. AS l explained at the
commencement, this so-called Reconstruction
bill Is destined, if carried into effect, 30 to in
crease and consolidate the military tyranny
which has already come nigh to ruin the
Southern States, that no body OK legislators
not run nearly wild with party idea could
think Of forcing it through. The vast cotton
interest, which used to pay an enormous reVe-
nue. to the government, instead of having been
recuperated since the war, has nearly died out:
In the place OF the revenue which it yielded
and which helped to Tighten the taxes OF
Northern citizens, there is now an almost alb
solute blank on the books Of the Internal Rev.
nue. Department, and the government not only
has to bear this loss but expend an amount
more than equal to it to support deliberate
crushing system upon the patriotism and en-
terprise OF the Southern people. Here is
policy Of repression which chokes up the foun-
tains of revenue in the South, is continually
making paupers there among both the white
and black populations, and compels the gov"
ernment to fall back upon the North for three
fourths OF it's current revenues, and pledge lts
credit for additional means. One half the coun-
try, having spentits substance to fight the other
half back into the Union, finds itself, now thatit
has accomplished it's object, the scape-goat OF
a political party which for it's own interests
prevents the defeated section from taking it's
rightful place again under the shelter OF the
constitution. This is not all. The measures
repress for an indefinite period such develop
ment OF the resources of the South as had
been accomplished before the war. It is grind
ing out and discouraging the property-holding
and intelligent class OF citizens, to place all
power, the whole conduct of affairs, in the
hands Of the negroes aud the few native whites
and Northern adventurers who would share 1t
with them. Look at Tennessee, the recon-
structed and 'model' State There are fifty
thousand negroes and twenty thousand whites
who vote with them, making seventy thousand
in all entitled to the suffrage. These repre-
sent negro population OF say two hundred
and seventy-fve thousand. But there are one
hundred and thirty thousand whito aitiae---,
wnIte populatlon OF more than
eight hundred thousand-the property-owners,
the business and professional community of
the State who are practically excluded from
in the government. How does
that work?
'sNow," continued Mr. johnson, with good
deal OF vigor, ''every one knows, or ought to
know ty this time, what my pUsition was and is
in regard to secession. had to sacrifice
something SO myself to vindicate my convection
that il was wrong and inadmissable, but con-
slider the extremists who have violated their
own expross declaration Of the object of
the war, and who are dishonoring the
constitution every day they proceed with
this damning policy towards the South
Il consider these mon, say, far more
inconsistent than, and quite as treason
armies The men who tried to take the South
out Of the Union were at least consistent in
this, that they did not object to the constitu-
tion itself, but were led to fear that they
would not be suffered to retain their
rights under it. War was resorted to
by the government to restore the Union
and compel these men OF the South to again re-
sumo their status as citizens OF the United
States You are not out OF the Union, and can
not get out ofit--the constitution does not admit
the secession Of State, and we are defending
the constitution by whipping you back under
it, said,' in the beginning, all (including the
Republican partly who favored the war. With
this declaration ringing in their, ears, the
whilom rebels, having been whipped back un-
der 1t, reasonably demand that tho privileges
which it accords to them as citizens shall be
restored to them. But instantly they are met
by political power in Congress with the as
tonishine announcement: We'll, you did sue
ceed in outlawing yourselves, after all; you did
succeed in getting out OF the Union; you did
succeed in depriving yourself or citizenship.
We did not restore you, Wo conquered you.
You arc beaten, helpless, at our feet; stay
there until you suffer yourselves to be recon-
structcd after our fashion. The old Union ls
no more; we propose to remodel it in our own
way. The constitution-ah we will, II neces-
sary, 90 outside OF that You have set us an
excellent exampleP"
After this admirable paraphrase OF the Rad
ical policy the President arose, and stood
towering.
"What pitiful condition is this II there
had been generous, Gberal-minded, law
abiding predominant sentiment in the North,
why by this time the South would have been
almost upon it's legs again. do not say that
the negroes would all have been at work-that
all the plantations there would have got to
prospering as they once did. But there would
have been none OF this hurry to thrust nearo
suffrage down the throats, as it wore, OF a
people whose repugnance to the morsel can be
only gradually overcome. The vanity OF the
negroes would not have been 80 fed to burst
ing that labor, free labor for their old masters,
should be neglected, shirked and lost. Inere
would have been no military usurpatlon, but
civil governments organized in each State by the
citizens most familiar with the character anu
requirements Of the several populations and
interests attending their old socia! and Dusl-
ness interests thus concerned, with the single
exception of slavery. The property y-oWners,
merchants and industrial classes would have
had incentives to give the war the go-by and