The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-04-23

tue substance, us the shadow follows the
body. The earnest and astute body Of
statesmen who created republican
form of government, aud who designed
that glorious instrument for the security
of themselves and their posterity, disre.
garded forms when they counseled a
separation from the mother country, on
the ground that to freemen taxation
without representation was form with
out substance, however much doctrin.
aires of that age might show the beauty
OF the British Constitution. And when
we contemplate that taxation without
representation was the sole cause of our
separation from the crown of Great Bri.
thin, are We not irrosistibly brought to
the conclusion that that right of repre-.
sentation, US q condition precedent to
that republican edifice guaranteed to
each State OF the new confederate nation
which Washington, Jefferson, Adam
and Rutledge Intended to secure to us?
Suppose every State in the Union
had such form and practice of govern
meut Us now exists in South Carolina,
and the same principle Of action should
extend itself (as it surely would) to the
Federal Government, how long would
the Constitution continne to guarantee
u republican form to itself? But we
have the testimony of the wise trainers
and commentators on the Constitution
itself on this subject Mr.. Hamilton,
in his No. 81 of the Fcaeralis,, while de-
tending the Constitution, to insure IFS
adoption by the States, writes as fol.
lows:
SIT is OF great mportance in repnb-
lie not only to guard society against the
oppression of rulers, but to gnard one
part of society against the INJUSTICE OF
the other part. Justice is the end of
government; it is the end of civil So
ciety; it ever has been and ever will be
pursued until it be obtained, or until
liberty be lost in the pursuit. In
society under the forms of which the
stronger factions can readily unite and
oppose the weaker, anarchy may as truly
be said to reign rs in a state OF nature
when the weaker individual is not Sc
cured against the violence OF the
strong.
us not this the cknowledged condi-
tion of South Carolina by the evidence
from leading and official men
who direct it's affairs at present?
Jefferson. III letter to Madison,
says: The executive power in our Go.
vernment is not the only, perhaps not
even the principal, object Of my eolici-
tude. The tyranny Of the legislature is
really the danger most to be feared
Mr.. Madison. after discussing the dan
gers to HE equality Of Interests and the
public veal arising from the predomi-
nance of powerful factions. who becoms
masters OF the situation, remarks:
"'But the most common and durable
source of faction has been the various
and unequal distribution of property,
those who hold and those who are with.
out property. The apportion-
ment of taxes on tho various descrip-
tions of property is All act which seems
to require the most exact impartiality,
yet there is perhaps no Legislative act in
which greater opportunity and tempta-
tion are given to predominant party to
trample on the rules of just;cs. Every
shilling with which they over-burden
the inferior number is shilling saved
to their pockets To secure
tho public good and private rights
against the danger of such a faction,
and at the same time preserve the spirit
and form of popular government, is then
the great object to which cur inquiries
are directed. Let me add that it is the
great desideratum by which alone this
form OF government can be rescued
from the opproorium under which it has
so long lubored.' Here. again, you per
ceive how pointedly his arguments tend
to show the necessity Of tho Federal
guarantee to each State
Hamilton, on the same subject says:
Without guarantee. the assistance to
be derived from the Union in repeliing
those domestic dangers which may
threaten the existence of the
State constitutions. must be renounced.
Usnrpntion may rear it's crest in each
State, and trample upon the liberties Of
the people. whiIe the National Govern.
ment could legally do nothing NJ ore than
behold its encroachments with inligua.
tion and roget
Calhoun, too, the most advanced ad.
vocate of constitutional State rights, in
his letter to Mr.. William Smith on the
Rhode Island controversy, 1S43, held
that the guarantee clause under discus
sion was intended to be more correc-
tionary measure against the usurpution
or misrule Of State governments than
for protection against domestic violence.
1n discussing the fourth article of the
Constitution, he writes as follows to Mr..
~ II