The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-04-17

| than two, nor more than ten years. for
any person to interfere with any mem.
ber thus elected in taking an oath and
participating in the organization OF the
Legislature. And, would you believe il,
with such law as that upon the statute
book the military officer in command in
Georgia issued an order prohibiting Ger
tain men to sit in the Legislature and al.
lowing others to take their seats in direct
defiance of the Act Of Congress, and
which should have subjected that officer
to imprisonment not less than two years
in the penitentiary. Was any notice
ever taken of it? Yes. the matter was
referred to the Committee on the Judi.
ciary, in the Senate of the United States
and report was made by that commit
tee, drawn up by Senator Edmopds, of
Vermont, an ardent friend of the Admi.
nistration, expressing in mild terms That
the committee were constrained to say
that the action of the military authori.
ties was contrary to law-and that is the
only notice ever taken of that outrage,
OF that encroaohment upon the rights OF
the Legislature and the people of Geor.
gia. A few years ago Congress passed
another law that no officer in the regular
army should discharge the functions of
q civil Office, and yet who does not know
that the White House is filled with army
officers acting as secretaries? Not day
passes during the session of Congress
that we do + ot receive messages from the
President Of the United States delivered,
not by that secretary for whom the law
provides and pays, but by an officer-a
major in the regular army. Fellow-citi-
zens. suppose Andrew Johnson had sent
the army up to Albany and organized
Legislature for you, and to tell you that
certain persons should take seats and
certain others should not-and there is
no positive statute of Congress against
that-would it not be gross usurpation?
There was no authority for it. In the
constitution OF Georgia there was posi-
tive Act of Congress against it; because
that had been done by tho military au.
thorities during Andrew Johnson's time.
Suppose he had filled the White House
with military officers, discharging the
functions of civilians contrary to law, do
you think it would have been passed
over unnoticed? How long can this peo-
pie preserve their liberties if they quietly
submit to this enoroachment of those in
authority upon them? The safety of the
citizen, let me say to you, and his pro-
lection in his person and in his proper
ty, is to be found in local laws which the
people themselves administer, and not in
O central government where oil the pow
ers OF the Government arc combined :;
and, if this system of encroachment is
permitted to go on, the day is not dis
tant when our Republican system, based
on the idea of division Of powers be-
tween the Federal Government and the
States, will be transformed into a des-
potism, with all power at Washington /;
and care not whether that power is ex-
ercised by single person or monarch,
or by 500 persons called congress, it is
equally despotism. Aud the doctrine
is now boldly proclaimed by mon high in
authority that the States of this Union
have such powers only as are conferred
upon them by the Constitution of the
United States, when directly the reverse
is true, and the States have all power ex-
cept such as the Constitution of the
United States has conferred upon the
United States or has withheld from the
States. The difference is this: The Go
vernment of the United States is 90
vernment OF derivative powers. Thus
In the State the government is inherent;
tu0y hoSo hiA poWoE uOG OSuleu CuetQ, l.,
while the Government of the United
States has no power except such as is
given to it-and such the Constitution of
the United States says in terms. for it
declares in one of its amendments, all
power not conferred by this Constitution
of the United States is reserved to the
States respectively or to the people of
the State.'"
The hopelessness OF correcting these
growing abuses through ordinary politi-
cal instrumentalities, Of adjusting the
Government again upon the basis OF
constitutional Limitation by means OF
the controlling faction of the Republi-
can party, he claimed, was patent to
every observant mind. Says he:
"And why? Because the machinery
Of the Government, the machinery OF
the Republican party, is in the hands OF
the 10000 office-holders of this country.
They control the Republican party by
packing conventions, and otherwise
through the instrumentality of members
of Congress and others cooperating
with them, to whom they owe their
places, and to whom the members in
turn, many of them, owe their seats in
Congress. How, then, is O remedy to
be obtained? Must the people submit!