The Carolina Spartan. (Spartanburg, S.C.) 1852-1896, September 06, 1866, Image 1

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, f* ? ~T~Fi V J " \ -r # / tHi^aiilTii iiiiiflF! . - -====^===^?=== " BY F. M. TRIMMIER. Devoted to Education, Agricultural,, Manufacturing and Mechanical Arts. $2.00 IN ADVANCE L___-_==================I======;========_=_=_^^ ^ VOL XXIII. SPARTANBURG, S. C., THURSDAY, SEPTEMBER 6, 1 866. ?\ NO 32 THE (ABMUM HPMVABf 18 PUBLISHED EVERY THURSDAY MORNING, A T Two Dollars (Specie) in. Advance, m RATES OF ADVERTISING. On* Square, First Insertion, SI; Subsequent Inaertions, 75 cents, in Specie. Address of the Philadelphia Convention To the People of the United States. Having met in Convention at the city of Philadelphia, in the State of Pennsylvania, this 16th day of August, 1866, as the representatives of the people in all sections, t and all the States and Territories of the Union, to consult upon the condition and wants of our common country, vrc nddress to you this declaration of our principles, and of the political, purposes we seek to promote. Since the meeting of the last National Convention, in the year 1860, events have occurred which have changed the character ol our internal politics, and given the United States a new place among the nations of tho earth. Our government has passed through the vicissitudes and perils of civil war?a war which, though mainly sectional in its character, has nevertheless decided political differences that from the very beginning ot the government had threatened the unity of our national existence, and has left its impress deep and in effaceable upou all the interests, the sentiments, and the destiny of the republic. While it has inflicted upon the whole country severe lusdcs in liieanu in property,and has imposed burdens which must weigh on its resources for generations to come, it has - developed a degree of national courage in 1 the presence of national dangers?acanaciK ty for military organization and achievew lucnt, and a devotion on the part of the ' people to the form of government which they have ordained, and to tho principles of liberty which that government was designed to promote, which must conform the confidence of the people in tho perpetuity of its republican institutions, and command the rcspeot of the civilized world. Like all great contests which rouse the passions and test tho endurance of nations, this war has given new scope to the ambition of political parties, and frcsb impulse to plans of innovation and reform. Amidst the chaos of conflicting sentiments inseparable from such era, while the public heart is keenly alive to all the passions that can sway the public judgment and affect the public action ; while the wtunds of war r k ?j li-.j* ? uiu aim 11on una utecamg on eitner sue, and fears lor tbc i'uiuro take unjust proportions from the memories and resentments of tho past, it is a difficult, but an imperative duty which on your behalf we, who are here assembled, have undertaken to perform. For the first time after six long years of alienation and of conflict, we have come together from every State and every section of our land, as citizens ot a common oountry, under that flag, tho symbol again of a common glory, to consult together how i best to cement and perpetuate that Union ; which is again the object of our common love, and thus secure the blessings ol liberty to ourselves and our posterity. In tho first place, we invoke you to remember always and everywhere, that tho war is ended and the nation again at peace. Tho shock of contending armies no longer assails the shuddering heart of the republic. The insurrection against the supreme authority ol tho nation has been suppressed, and that authority has been again acknowledged, by word and act, by every State and by every citizen within its juris diction. We are no longer required or permitted to regard or treat each other as r enemies. Not only have the acts ot war i been discontinued, and the weapons of war laid aside, but the state of war no Ion- 1 1 ger exists, and the sentiments, the passions, | me rciationa 01 war nave no longer lawful i | or rightful placo anywhere throughout our f broad domain. We are again people of B the United States, fellow-citizens of one country, bound by the duties and obligations of a common patriotism, and having | neither rights nor interests apart from n common destiny. The duties that devolve i H upon us now are again tlio duties of peace, | and no longer the duties of war. We have J ' assembled here to tako counsel concerning tho interests of peace ; to decide how wo \ may most wisely and effectually heal tho I wounds the war has made, and perfect and ! perpetuate the benefits it has secured, and the blessings which, under u wise and bonign Providence, have sprung up in its 1 fiery track. This is the work, not of pas eion, but of calm and sober judgment; not of resentment for past offcnBcs, prolonged beyond tho limit which justice and reason i which tolerates what it cannot prevent, ar builds its plans and hope9 lor the futur rather upon a community oi interest ati ambition than upon distrust and the wei pons of force. In the next place, we call upon you i recognize in their full significance, und accept with all their legitimate conscquc ces, tho political results of the war ju closed. In two most important particula the victory achieved by the national go eminent has been final and decisive. Fir it has established beyond all further co: troversy, and by the highest of all huma sanctions, the absolute supremacy of ti national government, ns defined and limi cd by the Constitution of the United State and the permanent integritv and indissoli ?1 T uiiiij vi luv rcuviai t iuuu us u iiccl'J*nui consequence j and second, it lias put a end finally and forever to tlic existence < slavery upon the soil and in the jurisdii tion of the United States. Both tlics points became directly involved in the coi test, and controversy upon both was ende absolutely and finally by the result. In the third place, we deem it of the u most importance that the real character ( the war and the victory by which it wi closed should be accurately understood The war was carried 011 by the Unite States in maintenance of its own authorit and in defence of its own existence, hot of which were menaced by the insurrectio which it sought to suppress. The su] prcssion of that insurrection accomplish* that result. The government ol the U11 ted States maintained by force of arms tli supreme authority over all the territory and over all the States and people withi its jurisdiction which the Constitution cot fcrs upon it: but it acquired thereby i; new power, no enlarged jurisdiction, 11 rights of territorial possession or of civ authority which it did not possess befor the rebellion broke out. All the rightfr power it can ever possess is that which i eOuicrrod upon if, either in express term or by fair and necessary implication, b the Constitution of the United States. 1 was that power and that authority whic the rebellion sought to overthrow, and tli victory of the Federal arms was simply defeat of that attempt. The governmen of the United States acted throughout tli war on the defensive. It sought only t hold possession of what was already it own. Neither tho war nor the victory b which it was closed, changed in any wa the Constitution of the United States. Th war was carried on by virtue of its provis ions, and under the limitations which the prescribe, and the result of the war did no either enlarge, abridge, or in any wa change or affect the powers it confers upo the Federal government, or released tha government from the restrictions which i has imposed. The Constitution of the United State is to day precisely as it was before the wat the ''supreme law of the land, anything i the constitution or laws of any State to th contrary notwithstanding," and to day, nls( precisely as before the war, all the power not conferred by the Constitution upen th general government, nor prohibited by i to the States, are ''reserved to the severs States, or to the people tlicreoi." This position is vindicated not only b the essential nature of our government, an the language and spirit of the Constitutioi hut by all the acts and the language of ou government, in all its departments, anil a all times lrom the outbreak of the rebellio to its final overthrow. In every mcssag and proclamation of the Executive it wa explicitly declared that the .sole object an purpose of the war was to maintain the at thority of the Constitution and to prcserv the integrity of the Union; and Congrc.* more thau once reiterated this solemn dei Juration, and added the assurance th; whenever this object should be attainci the war should cease, and all the State should retain their equal rights and dign ty unimpaired. It is only since the wa was closed that other rights have been a; sorted on behalf of one department of th general government. It has been pro claimed by Congress that, in addition t the powers conferred upon it by the Cot stitution, tho Federal Government ma now claim ovor the States, the tcriitor and the people involved in the insurrectior tho rights of war, tho right of conquei and of confiscation, the right to abrogat ? ! uaisuii<; governments institutions an laws, and to subject the territory conquci ed and its inhabitants to such laws, rogt lations and deprivations as the legislativ departments of the government n>ay see fi to impose. Under this broad and sweej ing claim, that clause of the Constitutio which provides that "no State shall witl out its consent be deprived of its equ: suffrage in the Senate ol'the United States, has been annulled, und ten States hav been refused, and aro still refused, rcpn scntation altogether in both branches < tho Federal Congress And the Congrct in which only a part of tho States an of the people of tho Union are represen cd has asserted the right thus to exclud the rest from representation, and from a chare in making their own laws or ehoi id ing their own rulers ujil they shall com- r e, ply with such conditio^ and perform such a id acts as this Congress fus composed may s i? itself prescribe. That light has not only c been asserted, but it been exercised, t to and is practically eniijeed at the present t to time. Nor does it iiA any support in a n- the theory, that the lAtes thus excluded a st arc in rebellion again! the government, t rs and arc therefore precldcd from sharing i v- its authority. They at not thus in rebel s st lion. They arc ono ad ?ll in an attitude i n- of loyalty towards the ibvernnicnt, and of t in sworn allegiance to tin-Constitution of the t ic United States. In no o(e of them is there 1 ,t- the slightest indicate of resistance to i >s this authority, or thu slightest protest t a- against its just and Inding obligation, r y This condition of rcttwed loyalty has i in been officially rccognu?I by solemn proc- | >f lamation of the Kxcaitive department j c- The laws of the Unitei StatC3 have been . jc extended by Congress <rcr all these States t ii. and the people thercoi Federal Courts i id have been reopened, anl Federal taxes im t posed and levied, and in every respect, i t- except that they arc d>aicd representation < }f in Congress and the Khitoral College, the i is States once in rebellion arc recognized as { ]. holding the same position, as owing the j d same obligations, and subject to the same i y duties as the other S:atcs of our common j h Union. , n it seems to us in the exercise of the ( i calmest and most candid judgment we can i !s bring to the subject, th.t such n claim, to i. enforced, involves as faul an overthrow ot \ c the authority of the Constitution, and us t complete a destruction ?f the piwommont n' and Union, as that wlrih was sought to i be effected by the Stats and people in 0 armed insurrection agaiiut them both. It 0 cannot escape observation that the power , il thus asserted to exclude jertain States from c representation, is made to rest wholly in ,] the will and discretion of the Congress s i that asserts it. It is not made to depend s upon any specified conditions or circuiuy stances, nor to be subject to any rules or t regulations whatever. The right assorted |, and exercised is absolute, without qualili c cation or restriction, not confined to State? a in rebellion, nor to States that have rebell ed; it is the right of any Congress in for c mal possession of legislative authority, to 0 exclude any State or States, and any por d tion ol the people thereof, at any time. from representation in Congress and in the y Electoral Collet, at its own discreiiou and 0 until they shall perform such acts and comply with such conditions as it may die y tatc. Obviously, the reasons for such ex elusion being wholly within the discretion ., of Congress, may change us the Congress ? itself shall change. One Congress may ^ exclude a State lrom all share in the gov , eminent for one reason; and, that reason removed, the next Congress may exclude it fill* auntli??r One Xt-ilo ed on one ground today, and another may be excluded on the opposite ground to c morrow. Northern ascendancy may exclude , Southern States Irom one Congress?the s ascendancy ot \\ estcrn or of Southern in c i tercsts, or of both combined, may exclude L , the Northern or the Eastern States from ! the next. Jmprobable as such usurpations j may seem, the establishment of tire princi y ! pie now asserted and acted upon by Co*ijj j gross will render them by no means impos, sihle. The character, indeed the very ex ,1 istence. of Congress and the I'nion i-> thus t made dependent solely and entirely upon the j>arty and sectional exigencies or for bearance ot the lie ur. s We need not stop to show that such j action not only finds no warrant in the ( Constitution; hut is at war with every prin. ciplc of our government, and with the very s existence ot free institutions it is, in, deed, the identical practice which has ren^ dered fruitless all attempts hitherto to es j tablish and maintain tree governments in s' Mexico and the States of South America, j | Party necessities assert themselves as sur > perior to the fundamental law, which is set ^ aside in reckless obedience to their behests. c Stability, whether in the e\crcise, of powcr, in the administration of government, or in the enjoyment of rights, becomes impossible; nod the conflicts of party, which, under constitutional governments, are the conditions and means of political progress, ? iiifiv.Tfo.l i#* t lui OAnfl ioto a<'.????. . ?? I. I ? I j hi %...v vu.iu.uuuianin IU WHICH J I they directly and inevitably tend. It was against this peril so conspicuous j (j and so fatul to all free governments that.' r_ our Constitution was intended especially to ! j provido. Not only the stability but the i very existence of the government is made ' by its provisions to depend upon the right I ) and the fact of representation. The Con- J i, Krcss? upon which is confeircd all the leg 1 i islativo power of the national government, tj consists of two branches, the Senate and ? House of Representatives, whose joint con j ' currcnco or assent is essential to the valid * ity of nny law. Or theso the Houso of (j- Representatives, 6ays tho Constitution, s (articlo one, section two,) "shall ho coin(j posed of members chosen every second t year by the people of the several States." : 0 Not only is the right of rcpresentaU tion thus rooogniaed as possessed by j all the Statos and every State without estriction, qualification, or condition of my kind, but this duty of choosing repreentatives is imposed upon the people of :ach and every Stato alike, without disinction, or the authority to make distincions among them, for any reason or upon my grounds whatever. And in the Senite, so careful is the Constitution to secure o every State the right of representation, t is expressly provided that "no State hall, without its consent, be deprived of ts equal suffrage" in that body, even by m amendment of the Constitution itself. kVhen, therefore, any State is excluded iom such representation, not only is the ight of the State denied, but the constituional integrity of the Senate is impaired, md the validity of the government itself s brought in question. But Congress at he present moment thus excludes from cpresentation in both branches of Congress, ten States of the Union, denying hem all share in the enactment of laws by which they aro to be governed, and all participation in the election of the rulers by which those laws arc to be enforced. In )thcr words, a Congress in which only :wcnty six States are to be represented, asInrfn t li ?-i . rh t /> raAnAmi > ~ J ? >wiio i.uv u^ub iij| uuauiuicijf ituu iu ts own discretion, all the thirty-six States | which compose the Union?to mako their aws and choose their rulers, and to ex- I elude the other ten from all share in their ' >wn government until it sees fit to admit them thereto. What is there to distinguish the power thus asserted and exercised from the most absolute and intolerable tyranny? Nor do these extravagant and unjust claims on the part of Congress to power and authority never conferred upon the government by the Constitution find any warrant in the arguments or excuses urged on their beha'f. It is alleged, First. That these States, by the act of rebellion and by voluntarily withdrawing their members from Congress, forfeited 'heir right of representation, and that they can only receive it again at the hands of the supreme legislative authority of the government, on its own terms and at its own discretion. If represen union in Con _rress and participation iu the government were simply privileges conferred and held by favor, this statement might have the merit of plausibility. But representation is under the Constitution not only express ly recognized as a right, but it is imposed as a duty; and it is essential in both as poets to the existence of the government and to the maintenance of its authority. In free governments fundamental and ess en tial rights cannot be forfeited, except against individuals by due process of law; nor can constitutional duties and obliga tions be discarded or laid aside. The enjoyment of rights may be for a time suspended by the failure to claim them, uud duties may do evaded by the refusal to perform them. Tho withdrawal of their mem ncrs iroru congress Dy tne States winch resisted the general government was among their acts of insurrection?was one of the means and agencies by which they sought to impair the authority and defeat the ac tion of the government; and that act was annuled and rendered void when the insur rection itself was suppressed. Neither the right of representation nor the duty to be represented was in the least impaired by the fact of insurrection; but it may have been by reason of the insurrection the conditions on which the enjoyment of that right and the performance of that duty for the time depended could not be fultiiled. This was, in fact, the c^sc. An insurgent power, in the exercise of usurped and unlawful authority in the territory under its control, had prohibited that allegiance to the Constitution and laws of the United States which is made by that fundamental law the essential condition of representation in its government. No man within the insurgent ?States was allowed to take the oath to support the Constitution of the United States, and, as a necessary consequence, no man could lawlully represent those States in the councils of the Union. Hut this was only an obstacle to the enjoyment of the right and to the discharge of a duty?it did not annul the one nor abrogate tho other; and it ceased to exist when the usurpation by which it had been created had been overthrown, and the States had again resumed their allegiance to the Constitution and laws of the United States. Second. Hut it is asserted, in support of the authority claimed by the Congress now in possession of power, that it flows directly from the laws of war; that it is among the rights which victorious war always confers upon the conquerors, and which the conqueror may exercise or waive in tiis own discretion. To this we reply, that the laws iu question relate solely, so far as the rights they confer aro concerned, to wars waged between alien and indcpeudcut nations, and can have no place or force, in this regard, in a war waged by a government to suppress an iu.-urrection of its own peoplo, upon its own soil aguinst its own authority. If we had carried on successful war aguinst any foroign nation, w? might thereby have acquired possession and jurisdiotion of their soil, with the right to enforce our Uwb np on their people, and to impose upon them such laws and such obligations as we might choose. But we had before the war complete jurisdiction over the soil of the Southern States, limited onlj by our own Constitution. Our laws were the only national laws in forco upon it The government of the United States was the only govern- . ment through which those States and their people had relations with foreign nations, and its flag was the only flag by which they were recognized or known anywhere on the face of tho earth In all these respects, and in all other respects involving national interests and rights, our possession was perfect and complete. It did not need to be acquired, but only to be maintained; and victorious war against the rebellion could do nothing more than maintain it. It could only vindicate and re-establish the disputed supremacy of the Constitution. It could neither enlarge nor diminish the authority which that Constitution oonfers upon the government by which it was achieved. Such an enlargement or abridgment ot constitutional power ean be effected only by amendment of the Constitution itself, and such amendment can be made only iu the modes which the Constitution itself prescribes. The elaim that the supnrpssinn nf an innnrrpntinn crainut vernment gives additional authority and power to that government, especially that it enlarges the jurisdiction ot Congress and gives that body the right to exclude States from representation in the national councils, without which the nation itself can have no authority and no existenee, seems to us at variance alike with the principles of the Constitution and with the public safety. Third. But it is alleged that in certain particulars the Constitution oi the United States iails to secure that absolute justice and impartial equality which the prinoiplea of our government require; that it was in these respects the result of compromises and concessions to which, however necessary when the Constitution was formed, we are no longer eompolled to submit, and that now, having the power through successful war and just warrant for its exercise in the hostile conduct of the insurgent section, the actual government of the United States may impoee its own conditions, and make the Constitution conform in all its provisions to its own ideas of equality and the rights of man. Congress, at its last session, proposed amendments to the Constitution, enlarging in some very important particulars the authority of the general government over that of the several States, and reducing, by indirect disfranchisement, the representative power of the States in which slavery formerly existed; and it is claimed that these amendments may be made valid as parts of the original Constitution, without the concurrence of the States to be most seriously nffcctad by them, or may be imposed upou thoso States by three fourths of the remain' ing States, as conditions of their re-admis| sion to representation in Congress and in i the Electoral College. It is tho unquestionable right of the I people of the United States to make such | changes in the Constitution as they, upon ' due deliberation, may deem expedient. | But we insi&t that they shall be made in the mode which the Constitution itself ' points out?in conformity with the letter . and the spirit of that instrument, and with me principles 01 sell government and ot equal rights which lie at the basis of oar republican institutions. We deny tho right ot Congress to make these changes in the fundamental law, withont the concurrence ot three-fourths ot all tho States, 1 including especially those to be raoet serii ously affected by them; or to impose them i upou States or people as conditions ot repI resentation, or of admission to any of tne ' rights, duties, or obligations which belong t under tho Constitution to all the States alike. And with still greater emphasis , do we deny the right of any portion of the States excluding the rest of the States ' from any share in their councils, to propose or sanction changes in the Constitution ' which arc to affect permanently their political relations and control or coerce the j legitimate action uf the several members ! of the common Uniou. Such an exercise | of power is siuiply a usurpation; just as | unwarrantable wbeu exorcised by Northern States as it would be if exercised by South* 1 cm, and not to be fortified or palliated by anything in tho past history either of those i by whom it is attempted or of those upon | whose rights and liberties it is to take ef~ i feet. It finds no warrant in th? tion. It is at war with the tandamental principles of our torro of government. If tolerated in one instance it beoomee the precedent lor iuture invasions of liberty j and constitutional right dopendent solely upon tho will of the party in possession of ! power, and thus leads, by direct aod neoessary sequence to the most fatal and intolerable of all tyrannies?the tryaony of shifting and irresponsible political faotiooi. It is against this, the most formidable of all the dangers which menace the stability of free government, that tho Constitution (Conoluded on ith page.