The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1869-08-11
SOUTH CAROLINA AUGUST Ii. 1869.

and all laws of the State prescrib-
ing the time, place and manner of
holding elections. 1t established
the military power superior to the
civil, and made the latter entirely
subordinate to the former. The
de fdcto government then existing
was declared to be only provisional.
The military was invested with
nearly unlimited power, and not
unfrequently exercised it without
stint in superccding and annalling
existing laws in the State, and by
military order ordaining and en-
forcing new laws. 1t removed
State officers, with and without
lawful cause, and appointed their
successors. The Governors of
Georgia and Mississippi were re-
moved early is 1867, and the Gov
ernors of North Carolina and this
State in 1858, and successors ap-
pointed. Judges wero removed
because they refused to carry out
military orders in their Courts.
The citizen was not only liable to
be arrested, tried, convicted and
punished by military tribunals for
violation of civil law alone, but
this extraordinary power was put
into force against many of the citi-
zens, who, if the Constitution of
the United States had been of force
within the limits Of South Carolina,
could have appealed to the civil
tribunals-to the writ of hd5eas
corpus-to the Judgment of their
peers, to relieve them from the
clutches of the military.
The war was ended in MAY,
1S65-the last Confederate soldier
had laid down his arms. If the
| Constitution of the United States
was of force in this State, to pro-
tect the rights of the citizen and
State, until July, 1868, why was it
that the military power during
these three long years was not on.
| ly not subordinate to, but actually
superior to the civil authority2 Is
it not manifest, from this review of
the legislation of Congress and the
action of the military authorities,
that the government under which
we lived was military; all civil
functions in every department toll
Grated and recognized no longer
than they were consistent with the
wishes and opinions of the military
commandant.
| If this be true, then the Consti.
tuition adopted in this State could
not conflict with any clause of the
Constitution of the United States,
because it was not of force at the
time, to restrain the Convention or
protect the people.
| But after it's ratification by the
people, it was to have no force or
effect until Congress accepted it.
1t was presented, and Congress did
accept it uncondltionally. If the
clause securing a homestead, or the
clause prohibiting the collection of
debts, the consideration of which
was the purchase money of a slave,
, had been obnoxious to the charge
that they impaired the obligation
Of contracts, they would have been
stricken out by Congress, or the
Legislature required by solemn
act, and as condition precedent
to admission, to repeal the clauses,
as they did in the case of Georgia.
The Constitution of Georgia, when
presented for acceptance, contain
ed two paragraphs practically re-
pudiating all debts. These clauses
Congress required Georgia to re-
nounce, which was done by her
! Legislature, but no exception was
taken to the homestead section in
the same instrument, though it's val.
ne was fixed at S2,OO0-double
that provided in this State.
AS already stated, the Constitu.
tion of the United States was not
recognized as of force in this State.
Even the rights and immunities
uniformly accorded to the organ
lied territories of the United States,
and to persons residing without
the States and territories in the In
dian country, were repudiated by
the acts of Congress and practice
of the military. Protection of per-
son and property, Of the right of
trial by jury-of being confronted
by witnesses-of presentment by a
: grand jury before being held to
answer q criminal charge-of ma
king our own laws-of imposing