Year: 1868

This was the admission long since OF
Thad Stevens, the acknowledged great
Lender of the Radicals, but some still
maintained the constitutionality OF these
measures from the clause pledging the
United States to guarantee to each State
Republican form of government
But now this fimsy pretence is aban-
doned in North Carolina and the brains
of the Radicals have been stimulated
to the production of some plausible ex-
cuse for the gross and fragrant violation
Of the constitutional rights of the
States, and the fact is admitted in the
recent statesmanlike @ address of
Chief Justice Pearson, ''To the Con-
servative party" He comedies that we
are now living under government not
constitutional but extra constitutional
Hear him : I'm regard to restoring the
Constitution and State rights no one
pretends that the reconstruction meas
ures of the President or of the general
government (tor an act passed over the
acts is an act the government are IN
accordance with the framing of the
constitution. 1t is also clear that they
are not unconstitutional but e.rtrG con-
stituional that is acts done to meet an
emergency not foreseen by the trainers
of that instrument; and the Justices
of the Supreme Court by the concurred
opinion of three Judges Battle, Reade
and Pearson in two cascs-Exparte
Hughes-Cook as. Cook. Phillips Re,
ports.


The issue then is distinctly made in
this State-the Democratic party at
frming in the language of the New
York Convention:


That we regard the reconstruction
acts (so-called) of Congress as usurpa-
tious, and unconstitutional. reUolutiona-
ry aud uoid.


Among all the alarming indications
of the present disordered conditions of
public affairs, the fact that the party in
power is driven to the admission that
they hold their positions, not under the
constitution, but under an underlined
right called extra constitutional is man
ifystly most alarming. And that this
heterodoxy should be sustained by the
admitted legal reputation OF the Chief
Justice of the State and whose solemn
duty it is in his official capacity 20 up
hold the constitution which he has
sworn to support, is one of the most
distressing signs of the times. Add
to this the argument employed-that
we must quietly submit to the acknowl-
edged violation of constitutional rights,
for fear that resistance at the ballot box
will produce war-strlkes US With sur
prise and dismay.


Where are we drifting? Conceal
this portion Of these great dogmatlsts-
Thad Stevens and Chief Justice Pear
fon-and what becomes ofproudly cher
ished hopes of liberty under acritten
certainty, defining the powers, and re-
stricting the action of those who adj
minister the government. We have
been taught to believe that no one in
this country, invested with political
power by the people, had any authority
outside of the great fundamental char,
ters-State and National-aud if an
an attempt was made to exercise power
not authorized by their charters-then
the judiciary of the Country-hereso-
fore independent of political influences
would interpose to bring US back to
our moorings. Sad however be this
day, in which the highest judicial Of
fcer has discarded from his high eleva-
tion of expounder of the Constitution,
to advise US to submit to uncunstitu>
tonal claims: and We are given to un-
derstand that all security from the Ju-
dietary against fanatical or party meas
ures-admitte1ly unconstitutional-is
lost. Oh, how painfully degrading is
contemplation of this prospect!


If the Chief Justice heartily enter
tanned the fear that we are on the eve
Of War-could he not have better ems
ployed his able pen in admonishing
those who have the control of the gov~
measures SO well calculated to lead to
strife?


I.amentable it is to think, that, in~
stead of snch advice to quiet agitation
we are admonished by this eminent
Judge, descending into the cess~pool of
party to meekly submit to ertra consti-
tutional measures. And to justify him
self for this departure from a good
principle and as he supposes to present
an unanswerable president to control
others, he very confidently quotes Pear
son-Exporte Hughes to sustain Pear
son-for Grant and CoLfdr and to se~
cure the Chief Judgeship uneler the meac
regime.