The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-03-11
proclaim our duty to our country, and
our intention to perform it.

The Cabinet of Abraham Lincoln has
affected to treat all the seeded States as
still members of the Union. Ifso, surely
they are entitled to all those privileges
which the Constitution give them, whilst
they are also subject to its penalties.
Yet, war in all its forms, by land and sea,
with all its seventies, has been levied
against these States, and the forms and
most positive limits of the Constitution,
which is the supreme law of this land to
the President and Cabinet as to the hum
blest private citizen, have been steadily
and contemptuously disregarded in its
prosecution. The act of war is solemn
act at any time; in war against our
brethren of the South it is surely ten
fold so. BY the express terms of the
Constitution the right to declare war is
delegated to Congress, the President has
no such power; but he has, without even
the forms of submission to Congress, in
palpable violation of that charter of gov
ernment, which is his guide, as it is ours,
summoned gigantic army and that for
an extent of time exceeding the term linn
tied by the Constitution for appropria-
tion to support armed forces. The ques-
tion of peace or war, say, was never re-
posed in any President or Cabinet. Con-
gress alone possesses the power of declar-
ing war and, in the present case, l protest
that our people have never been allowed
any opportunity to vote and express
their wishes on this momentous and ter
rible issue. Had it been given them
last winter, I believe our beloved Union
would this day have been firmly knit by
the bonds of goodwill and good faith
which originally formed it and can alone
preserve it. But the infractions of the
Constitution by those officials into whose
hands the reigns of government have
passed, have not ended here-the inva-
sions of personal liberty in our sister State
of Maryland have been such as to justly
alarm and almost dishearten those who
believed our free institutions were not
mere forms to be blotted out at the Ca
price or tyranny of our temporary rulers.
The seizure of telegraphic messages, the
invasion of the privacy of the mails, the
arrest and Imprisonment, without judi.
cial process, of citizens, have followed
each other in startling succession
These acts are simple unsurpations, not
only without color of law, but against
express rights. You and | are citizens
of Delaware; to her laws and govern
ment we owe allegiance; through our
State we owe allegiance to the Federal
government of which she is member.
But, as our State officials can command
us to no duty unknown to State law,
neither can any Federal officer claim
any authority over US in matters not
within his constitutional and legal con-
troll. A palpable infraction of our
written charter of government by our
rulers, justiies disobedience upon the
part of the citizens, rs much as lawful
orders are entitled to lawful compliance.
And fellow citizens, never in our nations
history were our citizens called upon
more strictly to call their agents to ac-
count than now. The so called "mili.
tary necessaries" are beguiling and
dangerous in the heextreme. The conquest
of the South will be poor recompence
to the North, if our system of govern
ment be the price we are to pay for
it. Obedience and good faith toward
the government which protects him is
the primary duty of a good citizen; but
where that government is one of limi-
ted powers, and those limitations crea-
ted for the preservation of individual
liberty, against the expressions of rul-
ers or majorities let US take heed lest
in seeking to place yoke upon others,
we awake to find one upon our own
necks. Who can say with the present
war measures of the administration and
the spectacle of Maryland before us,
how long trace of constitutional liber-
ty will remain for the other States in
the Union, and how soon stern militia
nv despotism may usurp the place of the
Constitution and laws? Let us, as free
men, stand prepared in all lawful ways to
arrest the Inauguration of such a de-
graded condition Of affairs, no matter
how plausible and specious may be the
plea in which it is urged. Let no man
believe that he may even safely violate
a great principle-the poisoned chalice
may some day be commended to his
own lips. And if we to-day pass lightly
over the outrage upon the rights of John
Merryman, we may to morrow mourn in
our own persons of similar wrongs to his.
IF he has transgressed the laws let them
be fully yindicated. But it has been our
boast that the humblest person, nay the
meanest felon, has civil rights preceding
his punishment which no ruler can justly
deprive him OF. Let us stand by the
law.
THE Committee on Resolutions here
appeared upon the stand.
A matter in conclusion 1 ask you to
hear and consider carefully.
A gentleman from New Castle coun-
ty who has been your United States
Senator for more than ten years past |
have the honor to call my father. If
there be one thing be has tried fully and
fairly to do, it has been to represent
the people of this State. And you will
do him the justice to say he never de-
ceived you, nor ever will. H& worst foe
will agree to that.
The present issues which distract our
country were not in existence when he
was chosen as your representative; and
of late as you are aware, having taken
decided ground upon them, he has been
called upon by voices many and loud to
resign his seat in the Senate. The mo-
tives OF those who have been most prom
inent in such requests are of little mo-
ment, although their disguise is in many
cases but fimsy. To a just man, howev.
er, a sense Of good faith and and self
respect would prevent his remaining
at any time in a false position. If, there
fore, he profess TO represent the people
it must be in fact not in name alone.
The Legislature now in existence were
not elected with reference to present is
sues, nor can they claim to represent
public sentiment in regard to them. The
proposition of Mr.. Bayard then is, that
the Legislature shall resign their seats,
and he will then resign his seat in the
Senate. The Governor, under the pro-
visions of the constitution, can call
special election to fill the vacancies in
Al II. in,