The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-02-22

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his own act nor by the act Of any one else.
And this construction Of the constitution, so
manife.tly true, so far from being revolutionary,
Is demonstrated by recent events to be essential
to secure the people in the enjoyment OF their
rights and protect them from usuEpatlon by Con.
gress, the strongest and least responsible and
most dangerous department OF the government
We have seen this body not only denying repre-.
sentaton to the people OF eleven States but folst
ing governments upon those States. and putting
its OWN creatures into the halls OF congress as
strengthen the hands OF the dominant party.
Thus reinforced, 1t was enabled to override tae
Presidents veto, and to Withdraw from Lne
! courts all power to revise Its action. Ooerclng
the President to execute its behests by the FEAR OF
Impeachment, It's power has been unlimited. In
this way 1t has carried out reconstruction acts
and constitutional amendments, and intends to
per2etuate It's power In defiance OF the popular
win
The danger which now menaces the liberties OF
| the people could never have occurred II by refus
ing to execute Its revolutionary programme the
tween the Congress and the President. There
would have been no delay BY adjourning the ques.
ton over for the popular umpirage In the settle.
ment Of the questions at issue, and tie only dll.
ference would be that the questions would have
been fairly presented 10 and decided by tue pro.
Der tribunal with no possible danger TO the pub
ilc peace In the meantime.
This view proceeds npon and accords Win the
theory that the peOple-nDt the Congress, or the
President, or the courts-are to govern. Radical.
ism proceeds upon the reverse Of this. None of
the measures OF reconstruction, so-called, would
have bsea adopted If They had been submitted.to
the people In this manner. They have been forced
in, SeTidttni by fraud, by denying persist
emily that 1t was the purpose to impose such
measures upon the country, and using the power
obtained by such denlals to press upon tue coun'
try the very measures disavowed before the peo-
pie. Tie constitutional amendments have been
obtained by coercion in the South, and In defiance
OF the known will OF the people Of the North.
This, sir, is simply ard without any concealment
my views Of the theory OF our government. That
Congress has been usarping the powers which be-
long to the President and to the other coordinate
branches olthe government have not particle
Of doubt Tile overwhelming majority obtained
by The Republicans In Congress during tile rebel.
lion and afterwards, by bringing unauthorized
persons Into Congress to Increase that majority,
has sent them headlong upon their career; anu
lhey have been and are grasping ut every power
which was placed by our ancestors In the hands
OF the President and the courts. Our fathers de.
anetl and divided the powers OF the government
to prevent al! power being grasped anu cGncen
branches ofgovern,nent believe that the reck-
less legislation OF which the Republican party
have been guilty orc fiagttiOus violations OF the
constitution. Now, an election Is not valid unless
It is superlntendel by the bayoaets Of the regular
army. Our army moves wherever there is an
election. They no longer make war upon the
camps OF the enemies or the government, Dut
they make War upon the political opponents OF tne
and the polls.
Mr. President, was perfectly we'll aware that
ills practice, although it commenced at the South,
wona no. nsng emu ths navone 20 s I'D the carpe
'baggers In the Southern States, In the recon-
structed States. Although those States were at
peace, aud desired peace more than any otheI
part OF our country, still they were not allowed
to hold on election without the presence OF the
army. knew very well 6at when the Repuolt-
can party had accustomed the peope OF this'coun-
try 10 hold elections under the superintendent
Of military officers and armed troops it would not
he great while before the political necessity"
OF the party would extend that practice Into The
Northern states; and from having originated N
belion, 1t has recently gone into. the States
which furnished the most powerful ald and the
largest number Of men to overthrow the re-
belOn.
gards the fifteenth amendment as having been
adopted and as ow being part OF the funda
ment al law OF the land
Mr. Blair. should think the gentleman ought
TO have got my opinion Of the tifeentn amend
ment by this time. lLaug!terl think tlat the
rallIlcatlon Of my own State, for instance was In
legal form, although that ratification was obtaiii-
cd by the most Infamous pernay Genefai no Grant r
carried the Stute of Missouri BY twenty-five thOu-
sand majority, and at the same election the negro
suffrage amen ment 70 the constitution was voted
down by Thirty thousand majority, ana not one
hal OF the people Uf Missouri were allowed To vote
irhc majority In the State OF Missouri against TINT
amendment was known 10 the senators who sat
upon nis Moor and the representatives VINO SUI III
tile other house to be probably two.thirds OF the
entire population OF the state; and yet without
any sort OF consideration or regurd for the Will OF
tIlIt immense and overwhelming majority, the
senators and representatives Of the State and the
members Of the Legislature hurried to give eject
and vitality to this fifteenth amendment.
The very gentlemen WHO claim that the ballot
Is necessary to protect the negro, VINO attach
such immense importance to the ballot, when tne
ballot has been exercised by their oWn constltu-
ents adverse 70 their wishes and party interests,
disregard it as II 1t were no more than waste pa
per. That shows the real opinion OF those gen
tlemen in regard to the suffrage. How much pro-
lection did the suffrage afford the people or MIS-
souri, ohio, Kansas, Michigan, New York, Con-
necicut anu the other Northern States also, thai
voted by immense maloiities against negro suf-
frase. against The perliy ana misrepresGIntauon i
Legislatures which has sadded them with the
fifteenth amendment and which the senator
from Indiana we'll says became political ne
cessityn tU his party at this Crisis?
have enumerated already other States AMI
do not wish to call the roll again to show tile
gentleman from Indiana what my opinion or the
adoption of the III eenth amendment Is. do
not cortr0vert the fact that even the fraud which
was successfully practced In his own State has
been placed beyond Jhe reach ol any other cor
rectlon than the rebuke administered by the peo'
pie In the election OF Democratic Legislature,
whose resolutions are now under consideration.
placing Its perpetrators In the pory or pubic
opinion, and depriying us Of the senator's ser
vices as Minister to the Court Of st. James. This
act las probably reached point wh.relt CANNOT
now according To tile rules OF law, be lnVeBll-
gated; butt wish to bo understood aS saying that
the people OF this country have right TO hold
those who have psrpetrated these infamles to re-
sponSIb!lIty. Some have already received their
punishment III Indiana, ami the sound OF retri1u'
ton has reached and startled others.
Mr.. Morton. The seIalDr will allow me to say
that his answer Is not explicit. His argument is
that certain Siales improperly ratified il; but the
question was whether he regards the adoption or
the amendment as complete, and tile amendment
a, being now q part or The law OF the land
Mr.. Blair. / shall eNdeayOr To be Sulllcleaty
explicit. do regard 1t rs complete. 10 regard
IL as q part ofthe law Of The land. / haye never
held any other doctrine in regard TO 1t. On the
other hand, did not and du not now regard Tile
reconstruction measures passed by Congress as
any part OF the law OF the land, and II hau oee
In position Of power where was called To act
upul those so called laws, should nave acteu out
my convictions, let the consequences nave oeen
what they might. never did believe that they
laws have done their work in subvertlng the legal
governments OF the Southern States, yet there Is
perfectly constitutional mode by which this could
be repaired II we had an Executive who regarded
the duties Imposed on him by his office. IL Is
ONLY necessary now to withdraw the army from
the South, where 1t Is employed In driving voters
from the polls and carrying the elections against
majority Of The legal voters Ia those States, and
the people will resume their rightful authority.
This would be the way In which would carry
out the "Brndhea1 letter." OF which 80 much mas
been said. The suggestion 1t contains that tine
army should be compelled to undo It's usurpa-
Il