The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1871-12-20
Speech Of Mr.. Johnson.

May 1t please the court 5hAll
best show my Appreciation Of the
indulgence of your Honors, by
proceeding directly to discuss such
points as I may deem proper in
the present case. 1t is not my
object to argue each ground Of the
motion in detail, bat shall direct
my attention to those general
rules which relate to criminal pro-
ceedinss in general. Before |
proceed to the consideration OF
those amendments TO the Consti-
tuition under cover Of which the
B Acts of Congress upon which this
indictment was framed were pass
ed, | desire to refer to some Of the
fundamental principles Of our Gov.
ernrnent, about which there has
never been q dispute. At tho
close Of the Revolutionary war,
the several colonies were seperate,
free and independent sOvereiSntles.
The cxigcncics OF the Revolution
had demanded some kind OF union
or league, in orderto resist, with any
hope Of success: the gigantic pow
cr of the British Government but
any colony or State had the right
to withdraw from such league at
such time and for Such reason Us
it doomed tit. After the Rcvo-
luton. it was found that such 4
constituted government was IN
adequate to tile accomplishment
Of. the ends desired and then 1t
was that the delegates from the
different States met and devised
the present Constitution. They
were nlcn aspalriotlc, as true. and us
! devoted to the cause of freedom:
as have ever assembled together.
They at once appreciated the dad
gers that beset the organization
! of such IL government as was con-
tcmp!atcd. They wished to guard,
on the one hand, from the weak
ness OF i centrifugal government,
and, on the other: from the dcSpo-
tism Of centripctal power. They
naturally We're most apprchensive
Of the latter evil, for they had
but recently experienced the 1y-
rannicaI exercise Of power by q
centralized government. Each
State desired to preserve all the
! powers not absolutely necessary
to be delegated to the General
Government, in order to effect tie
objects Of its creation. Their do.
mestic sovereignty they retained
intact, comforting upon the Cen
trail Government the power to
regulate our relations with foreign
nations and the commercial inter
! course between the States. Many
Of the States had disrcgardcd the
obligations of contracts and made
! legal tender a currency utterly
worthless in point of fact. This
evil was prevented by the pro-
vision Of the Constitution, that no.
thing but coin should be made a
legal tender, and that no State
should pass any law impalriny the
obligations Of contracts.
70 carry out the provisions OF
the Constitution, and to establish
an arbiter between the conflicting
powers Of the State and Fedcla al
Governments, the Judiciary, 4 CO.
ordinate and independent branch
of the General Government, Vas
created. Bat there is one thing
that the iiluStrious Trainers Of the
Constitution did not DO; and /!
any man had dared propose such
a thing, ho would not have been
listened to with respect. They
did not attempt to place in the
hands Of the Federal Government
! the power to regulate or control
the elective franchise. IN The first
article Of the Constitution, this
power is cxnreSsl y reserved TO the
! States, and the qualification OF
electors for the Genera! Govern
meut were fixed upon us the
same us those required Of electors
! for The lowe: house Of The icgiS-
iaturcs rt' Tie respective States.
! These the States have changed in q
variety Of ways. In some, pro
pcrtE qualification was required
III others, 4 different age was fixed
nDon. &r.: and it has never been
dreamed that thr central govern
mcnt had a righ. TO Interfere.
The thirteenth amendment merely
c;nancipalrS these who wcro for
merry S!aycs-'nakcS them free
men, and gives them such rights
merely a., troemeu may exercise -
no more nor less. Y neither emur-
cipatiou WIS Wise or not, | shall
not now discuss. | was q NOM
bcr Of tic Senate at the t!mo the
amendment was proposed, and
supported it. Humanity, religion
and soand policy all seemed to
dcmauI that in i republican Gov
crnm"ut like ours, persona! slavery
should uOt exist. At that time,
there WAS 40 thought of vcStiHg
the !;,;e slaves with the right o.:
suffrage. Congress has been cd
ucatcd up to that idea since.
Whether it kc wise TO ALLOW this
privilege to so large It body Of ig-
norant, Inexperienced and uncdu-
Gated citizens, time will slow.