The tri-weekly news. (Winnsboro, S.C.) 1865-1876, May 29, 1866, Image 1

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TE TRI-WEEK, E S By Gaillard, Desportes &% Co.] WINNSBORO, S. C., TUESDAY MORNING, MAY 29, 1866. [VOL. III.-NO. 51. The Test Onth. 3ntt some wonhl say 1vit htCongres" can ronfi.cate the property, whether in an oflice or any other kind, of a citizen suspected of disloyalty, or having aided in rebellion, and deprive him of liberty or property till he ias proved, or, at leasl, sworni to his innocence. I dinV it. Congress has Ito ight to Violate the Con,9iittionl, either in leace or War. The rule laid down in tho Constiti. Lion, inl plain lag:ng, is this: No per sofn siall bv held to aniwer it it capital, 4.r otherwise iifallloust4 crime, un;les. ont a pr-sent(ment or indictum-nt of a grand jury. The exception to the rule is, that. persons in thlte land or naval forces, and lersons in the miitla, whvn in acriui service, in tinte of war or public dangvr, imay be held to answer witliot sieh in itentet or presentment of a granl jIury. Nor can Congress deprive any person (not without thie oxceptionl,) of the life, liberty or property, without Ine process of law. Congress may, by law, provide for the. forfittro of the estate of a per ,sonattainted of' ireason, but, then only aliring his lifo time. There can bi n'o forfeit.nre, even for treason, till there is ti Conviction, and tle moment a person Conv%icted is(! ecut-d ile hrf'rrittro iS RL nt end. An as i hre cani be no no cor ruption of blood, th1e etmate, if inherita. bh-, immediaely descends to his legal heirs or devisevs. In no other iistance that occurs to me now, does the Consti. l-mion give Congress tile power to for. feit the estate or propert v of any onne, for any offence wLtever, except inl tile ease of* jidges iad other oflicers, on colnvietion or impt-achmltent, which works a forfeiture of their estates in their off ces, but. of no other properLy or estates, - nI never before conviction. Con*gress bas. therefore, n1o right to d1eprive a1n1v bILwyer of his estale-it it his ofi.f, or of any othr *proprerty, (not nemled I' p,blic iuip uoi jiSt cotipen "snu) ntil he h4s.htas been convi'ted. Nor has 'Aongress any right tu malke him a witne.as to prove hiis own gtilt, or 4o draw any inference of his gilt fron hik refital to answer. [7 Porter's Re corts,. 391.] It it si;)pme I w,!re to al:ni t.hliat Congresa do,- p this p%owpr in liile of war, anu that (lit' act was Vali 1 1i ir fing the wvar, how does that deprive the hawyer of his ofce now ? Thle witr is a an (nd ; and go proclaimed hy our nobb-, patriotic President, who! hold taiiii n favor of tie restoration of cons-ti ititional libertY to Lthe Whole COUntryV Will e4nldar his naine to posterity whli the InarileP whiCh may be placed over his mortal remains shall have eriabled to dust. The war is not. only at anl end, but the whole Sonth lts acquie"ced inl good faith in tho result ; and her sons whose honor is as stainless as thit gal lanr.ry upon tihe battlo field was con spicnons, have pledged that honor, nit der ti ioleniity of an o:th, for their fnir loyaly. That. pledge will never he violated. I think vour Ilonor will noi, neenise n of vain bousting wheni I say I know something of the feelings and1l sfentimnts of the people of Geor gin, and I toll you to.day, that, what ever may have been their opinions as to the original abstract question of the rightof secesion, they have abandoned it forever. Since the days of Jefferson and Hamilton, it has been, so to speak, a litigatedl question,-andlbiere was but, one cotArt which; had jutsdiction to pro noalt4'tat. wtltiitativ~o decision inl the case-,bat wias the lIigh Court' of Ap peals, recognized..by all netions of' uni versal jutrisdiction, whereograve litiga.ed quesions betwWeen Stases and co~tmmunip ties, th'at no othtercottrt liaa the power to adjddjcete, are in she last resort do cide'd by. watgr of' batt,le. 'htis case hats been carried before that, court. lBoth parties -wore ably represented. Tecase is decided;, thle judgmlnent is ,againtst n18. We h ave alrteady paid an enortotus ti11 ot coni,; buft, we acquiesce in tile rosult, and swear;:before Hwisven that we will abide b7 ib in good faith. Adnilt then, for the pulrpose 'of' argit. ann,that ti19law wvis valid dutring the wvar, end wheore, isI its oblinding foirce unow that the war is at an end? In thawt view of it, we have the veray bae laid do#wN in the books'whiere the retasets of thee )aw lintg,qse4e, $he law Ithelf' censon'. . ~, I g. , I* haRVe ntrady shtown .trusat, the satisfaction of' the couri; that thne -offie .4 a I ,wycr or his right to nrdctibe his profession i..; property, and as such that it ii protected by the Constitution of the United Stat(e. 1nd1 tlh,t lie canlot be de prived of it. withoi. dut. process of law. If C%n-r!,zs ha tle power to depriv(e him of hisi pre'rty' on Iis refusal to take ak test tial I, the tlender of which it w-II be pretended is dlii! process of law, it las the sane powi-r to deprive him of his liberty, his dwelling house chose'; in action, nnd ilny atid all other property Ill Imy possess, till lie takes the oath, and 11' lie enn never take it. the coifisca tion of hIi.4 whole property m11.ay become colliplete aid perpetial. without indict. menit, trial by jury, or conviction of AnlyV JTeice whatever, Algain, if Coiigress has power to do prive a law*yr of his propetiy in his oflice tiil lie takes the test. oath, it has the same power to prohibit iy citizen f6o o11lowing aiy other profession or AVOCation01 till lie has done tle same. If it hadt thle power to ellaet thlis- law, It, has the same power to vary, alter, or amemi it at pleasi lre. If it. ilay Coil stititionally do Wi hat. it, has donle ; as the freedom of religion has no higher guar anty Im the Coistitttion than the protec tioii of properLY ; it may pass ia law that no4) One sha1ll preach tiell Gospel till he has sworn that, Ii- believes haptisi by immtnersion the oily mode; or it may enact tht no one shall practice niediciie till he takes an oath that lie never did and iever will use opim tilin his practice; or L11.t. 11o oii- shall plow till he has filed his affidavit that lie will nover uso t turning ilow, as the Creator placed the soil on top of tle groutid where it shotild remain ; or the party in power in Con gress, no matter which it may be, may prescribe a tut. oatthat no perso Bhliall ever vote again who does not niake oali hat, It- never voted for the other party; and may justify it upon tlt% grutid at least ,altisfactory to itself, that its prin ciples iare thi- onily true principle.s of the Governmtnt, and that the public good imper itively requires that they be carried 0M. in practice, which might not be done without thei aid of the oaithi. Let the judiciary sustain this assimip tion of the pow *r of Congress, and it mllav close the courts ilk the South indef. finitely ; shut tlie doors of the churches; stop every spiind!e of the manftiacturer; quiench the fires of every furnace in blast ; !ock the doors of the merchant. and drive the nlowman from his ionest labor-all byi the simple appliance of a te.t nathl. Aiid as niiieteon twentiethus of tile people of Georgia' cotil it proba bly talke it, Coligess by a test olkat declar inlg that no one silall hold property who cainot tkke it, imay conicat ninetesni twentieths of the property of Ge orgia, and ilneed of the Soth, by the exer cis of t his power to l'oreit tile property a laWyer has inl his profession, by this means it has as tuch power to confi. cate any amll al1 other property of all who refiA to take illy test oath it may prescribe t.o any or all tile people of tile Umted Stato. Establish the princviple that, Congiress cati exclldo all men from office, or thle practice of anly profossioni or av.ocation, who do not swear that thoy tver bore arins against the Gov. ernment, and it follows that it may on act a la. that no mnan shall hold office who fails to swear that 11e did bpar arnis in defence of the Government. If tie en. actinent of test oaths becomq the sotled anid approved policy of tile Government, the people of other sections of the Union will soon find that the Southern people are are nlot the oily sulfferers. I may be told thlat the hritsi Parlie menit centulries ago, enaicted teat oaths, and that no man was allowed to hold oflice until he had taken the Sacramlents of the Church of England, and' the oaths of nlhjuration, &c. This is tle; andl( it ms also trn, that the eidhlt enlmenit of the age, and theC triumph of reas~o,, htave lonlg since0 sW4pt these oaths$ from thl stattte b)ook, and tile Jaw anid the Dis-center sit to-day by .the side offhIo Churchman, ink the Parliatnenit of tihe reialmt. Bitt it does not followv. from this his torical fact, that Coiigress nowv he,s, ot' over dIid possess aniy such powers. . Th'e Pktrhlatnent of-Great Britain has estatb. lished a pecnliar church. H1as the Con gress of the Unitedl aStates any much power? Pa-I ament hag established an aristooracy, and provided for the .grat by thte:king, of titles of'nobiilitv, Can Congress 'do the same? iCertainly noti Why-not ?, Because there is a wtritan Constitution intthlis counltry. which ex pressly forbids it. There ws tine in Engllaid. Such is tle omnipotence of the Parliament of Great Britain, that, with the consent of the King, it may change what they call the Costitution at pleasnre. The Congress of the Uni ted States, with file Pre.tident, has no sIlh power. The Parlianwt. of Great Britain has the power to confiscate the subject beyond the period of his life, and either with or without the use of test oaths, if it should so will to deprive q subjiect of his property, without due process of law. Tho written Constitu. tion of the United States, which lis no change, denies to Congress the power to <io either. From the difference in the powers possessel by Parliamnit, and by Congress, the court. will readily peceive ihe reason why the lirniish test. oaths can), as preced,:111s, he of no avail to the advocates of similar oaths in this coun. trv. I wish, also, to invite the attention of your lonor to this vie v of this question. I have qlready shown that the Congress. of he United States has, by statute, an thorized parties in the courts to manage their causes, by the assistance of such counsel, or attrney at law, as, by the rules of said courts, respectively, shall he periitted to manage or conduct, cases thervin ; aid that the Constitution guar anteis to the accnsed tle assistance of coiunsf- for his defense. Now. I denv that. Coigress has tie pover-after a party has emt1ployed an attorney under this act, and confided to him the man agement of his canso -to deprive him of his assistanco, whon tie attorney has been convicted of neither mial practice, civian nor misdemeanor. The Women ofilichmond. It is no 01mpty compliment. to tie wo mn of Richmond. says the Richmond Times, to say that dur'pig the four years of ibloody and cruel wot tlat, riagi,d wit.h. in their hearinig, andAiiost'within theiiir sight, they never do's inded. never fal tered in the performiae of Cheir duty ; never allowed tle. , laahtL Qi ultim4at" failire to fii a plice in their minds; never murmired when called upon to send those that were dearer to them than their own lives, to recruit ths! exhausted ranks of our more than decimated battal. lions; never wearied in bestowing the tenderest care, the most, untiring watch fulness and irsing on the sick and wounded in otr crowded hospitals; never repint-d when cenlled upon to suffer privations of every conceivable kind ; Iever despaired when they had to fol low to the grave those they loved. When stout men became despondent, nild tI. sky of hope was to them, overcast vith the dark clouds of probable failure, the ladis always haid words of consola tion for them, and could see a rift. in the clouds through whi:hi the bright light, of hope was visible. On that ever to he remembered night preceding the third of April, when their fathers and husbands, and, sons, and lovers, were taking leave of thon for what might be an indefinite length of tone, possibly forever, they still spoke words of hopo and encouragement, and smiiled their blessings in their eyes through their tears. Nor one of them said "stay with me," but each said "go to Geiieral Lee, though all seems so dark now, I am certain there is a bright future for us yet. Do not be depressed by anxious thoughts for me, I can take case of myself." And when the armies surrendered, and those that were leitbegan toreturn, they were received by as warm hearts and with as bright smiles as if they had have ret,urnted conquerors Instead of pirisoners of war, for the ladles ktnew that they liad done their dutty to their country, and that honor was pt'eserved, though all else was lost. Their devotiotn to the cause is not o2 hiaistetd by what they did during the war, and they now tura to the army that lies arotind Richmuond--the army of Confederate dead I Trhcy find their graves sunkeli; many of them i.mmtark ed uncared for. They determino that this state of things shall Dot continue, and organize associationse for . the pur pose of having these graves snounded. turfed, marked, properly ernclosed and cared for. it mas t work of considerable matgtitude, but ini thed~ wa.abularv "hrisno spell word aa M The'y men of. the city, and will push iI forwarid to-aisudjumfal coisinymation. T2he-or a t.h/lll of'joy tfirough the heai,ie of abe -niothers atid wives and danght.ers of the South, for they will know that. the last resting places of those wioI they loved are not forgotten, and tliey %,ill not hil to invoke blessiigs on the heads of tle nloi)le women of Richmond. Tiey have our warmest sympathy in tfheir woik, aid shall havo our hearty co-operation in paymng this tribute of respect to our fallen heroes. TO THE WOMEN OF TlE SOUTH. Richmond is begirt with an army of Confederate dead. The hallowed pre cincts of our cemeteries are rendered still more sacred by their graves-to be counted by tens of thousands of martyr. ed heroes. Around us are bloody hat tlelields and hero were the most crowdl. ed hospital. Tie 6ec:] of boti arv sleeping in Hollywood and Oak wood. Not alone the fallen of Virginia ai* but ried liere, your loved and lost, brave and chkivalrons spirits, whoml we too learned to love, repose side by side with ours. The greater proportion1 of your best and bravest men, cheered by your blessings and strengthened by your prayers, came to Virginia to battle for our common cause. Many, oh ! how many of them fell on the bat tie-fields, or died in our hospitals, the victims of disease engenlered by lie exposures of ardiout- campaigns. 'here is no country upon whose roll of honor shiall be inscribed the nimes of our Con federate dead. They died for and with their cause. Their courage an( devo tiun obtained the plaudits of admiring nations, but it is the recollectien of thier suffering;, their patience and their tn timely end, th-it most tenderly endears their memory to us. Dyitng, they left us the guardianship of their graves. These graves it is a grateful service to pre serve and beautify. It is a service due alike to tbem and to fheir surviving friends. Let 'is keep green the turf above their heads, aid build monuments to mark f3r generations yet. to come the place of their repose. A society has been formed iti the city f Rielnond, entitled the " .fiemorial Association of the Ladies of IRichminiond, Virginia." The objects of this Society are to collect funds to he applied in the enclosing, arralngtig, returni: g and oth erwise placing in order the graves of the Confederato dead interred in tIe cemeteries of Richmond, so that the names of our fallen soldiers may lie per. imanently preserved froni oblivi.m, and their last resting places savvId fr,m tihto slightest appearance of neglet. or waniit of care. All pirsons who make dont:a ions for the purpose of carrying out the Io bjets of iiis society, are onroll,-d as imimbiiers o1 the same. We would respechuilly suggest to the ladies of the Southl if) fo)rm auixiliary so. cieties, co-operating with us in carrying out the objects above stated. As soon as such .duieties are formed, it is hoped that they wvill correspond with the asso. ciation. Letters may be addressed and contributiots setit to .Mns. WNt. H. MCFARIIAND, President. JFFFRSON UAViS.--Tho following inter esting letter from the correspondent of tie New York Herald, at Fortress 'Monroe. dis closes some unipalatable facts in relation to the treatinent of M. Davis as a prisoner, and shows hw Pally his health has been ruined by jigorous imprisonment. lie says: Putting all the facts I can got together, Jefferson Davis has evidently nearly reach ed th end of his lire lease. le is in no condition to tdsist.disease, and iL is deemed doubtful whetheu lie will be able to stand up undoe' a protracted trial. In his indo mhittble vill there Is strong power of resis tatice; but, as the granite column trembles Aid drially breaks unddt' the Incessant lash iig of the sea, so thIs iron will may become brdke.l tinder the tod long and Incessant burden he has had to boar. The gravest fault-flnding I find at present. hs with a recent verbal order forbidding oil cers from taking ofl' their hasts to Jeff. D)avis, ox shakIng hands with him,. While there ar'e those who would both approve andl applaud an humbling and contemiptuous course of conduct. toward Mr. Davis In his present position as prisoner, there are those whose natural gentlemanly instincts and life .ldng mingling with polite and refined society would revolt against suoh treatment toward almost adty prisoner, and part icular ly one of Mr. hlavie' an14oedents, rare cul tuire and the honoured social and political assocIation of his past. life. Secreta~ry MeCildob did not think it elnbecooning in hisself to tiove his hat whett Introiduced to Mr- Dae$, 'and shake him warmly by the hand as meeting and parting with him. John Phillips, l~q,of fCharleston, has been confiried as , nited. states District Attorney for hentf htnr-dihi. The1111 Closerch 904te11;encr, 1EVOTED to the intestes of tie pro "testant Episcopal Churchel, is Publish Vd at Charllotle. N. C. Termsl' of' subsclii. [ion, cash in advance. 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