The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-04-16
COLUMB BIA, IS. g.
Fri Jay morning, Arril is, lsssa.
R<conlastiruction by congIi.ree.u... Ii.eu 20 !


Recommendation by Congress. - -
Congress has seen fit to pass an Act 20
the restoration of the States of Mississippi
Texas and Virginia, which leaves thes
States IN limbo during tie rest Of the sum
mer solstice. As prefix to their reunion
they are compelled to come clothed will
the provisions of the fifteenth amendment
The stipulations of the Act, other than this
are executive in, character, defining tn
manner of holding elections and referring t,
previous enactments to the same entl. Tn,
most notable portion of the Act is th
compulsory passage of the fifteenth amend
Simultaneous with the PRONUNCIATION O
this Act the Supreme Court has delivered
an opinion in the Texas case which vitally
effects the legal bearing of the BILL The
Court decides that Texas is a State; that BY
no net of hers can she be divested of tha
character. OF course the opinion applies te
Mississippi and Virginia rs we'll as Texas
And the question at once recurs upon this
status under the law, whether Congress car
prescribe such terms of admission us those
laid down Ill the Reconstruction Act. To
pass an amendment to the Constitution
snbmit it to the States and then compel any
OF them to pass it. is surely an. assumption
of extraordinary powers in the Legislative
branch of the General Government. 1t is O
direct encroachment upon reserved rights, il
any are possessed by the States themselves,
and done in defiance of the binding force oi
decision of the Judiciary. The Act
stretches tho plenary powers of Congress to
q most unnatural limit. If even the bare
forms of law continue to be thus ruth
lessly set aside, we cannot tell where the
process may end.
Respecting the policy of the adoption OF
negro suffrage, we are clear that the South
could not do better. AS matter OF policy,
there can be but little question that the do
mestio harmony Of the Southern States
would be vastly enhanced by the total ami
. hilation of all political distinctions whatever
between their own citizens. In fact, it is
doubtful if harmony without or within will
ever come to the South at all until negro
suffrage is adopted. But it is by no means
clear Chat Congress, following up one of its
own enaotments, has the power to destroy
all opposition of the States in the submis-
sion to the States Of an. amendments to the
Constitution.
Congress errs vitally-not in encouraging
by every la,gfM means the adoption of uni
versal suffrage, but in attaching q compul-
sorry provision to an Act referring to q vo-
luntary privilege which it has already ac-
corded to the States. The recent decision
Of the Supreme. Court fixes this. point even
moro firmly than the tenor ofsCongressional
legislation had already affirmed it, The
decision comes thus with cotempory force
In direct conflict with the provisions Of the
Reconstruction Act itself. ?g.. y-.s-sr
Besides this. the adoption OF the fifteenth
amendment is not made .final in the pre-
final arbiter of the method and measure OF
all provisions whatsoever inserted into the
new constitutions, of which the fifteenth
amendment must per force be i part To
prolons the probation put upon the exclud.
ed States, Congress has left the exercise oi
the right of government by them in
allegiance until it's re-assembling. All this,
candid men cannot approve. The assump-
tion OF such extraordinary powers will GER
tainiy react upon its authors, by tho same
law in public sentiment that is known to be
constant to the physical world-thc rule OF
commensurate action and reaction.
Bureau OF Statistics.
Gen. francis A. Walker Denntx Sneca]