The daily phoenix. (Columbia, S.C.) 1865-1878, December 09, 1865, Image 1
THE DAILY WM I'll (KMX.
Daily Paper $10 a Year. "Let our Just Censure ^fF*^^^^^^^^g^^^^^ Attend the True Event." Tri-Weekly $7 a Year j y
BY J. A. SELBY. COLUMBIA, S. C., SATURDAY MORNING, DECEMBER 9, 1865. VOL. I-NO. MdffiL / fi
i
mu PHONIX,
PUBI^ISHEn DAILY AND TRI-WEEKLY,
BY JULIAN A. SELBY.
TERMS-m ADVANCE.
ADVERTISEMENTS
Inserted at $1 per square for the first in?
sertion, and 75 cents for each subsequent.
For Sale,
A LOT OF SUPERFINE FLOUR.
BY JAMES CATHCART,
Dec 7 3* Cotton Town.
STOLEN,
w FROM my stable, on Sunday
.i ? evening, a horse MULE, SADDLE
and BRIDLE. The Mule was a
?BMbufaWlai iv bay, thc two forelegs bowed,
or sprung at the knees, with several small
spo^s about thc neck. A suitable reward
will be paid (together with expenses) for
his return to me. PETER W. KRAFT,
Dec 7 3 Crane Creek, near Columbia.
25 EE?T CAUCUS.
JUST opened, one case best ENGLISH
and AMERICAN PRINTS, at '25 cents
per vard. Call and examine.
SHIVER & BECKHAM,
Dec 7 3 Next door to Shiver House.
10-4 Sheeting.
ONE case of the above DESIRABLE
GOODS, at reduced prices, at
SHIVER A BECKHAM'S,
Dec 7 3 Next door to Shiver House.
BLEACHED
LONG CLOTHS.
TWO cases, just opened, from 25c. to $1
per vard, at
SHIVER A BECKHAM'S,
Dec 7 3 Next to Shiver House.
mam annie
3
pt ENTS, LADIES and CHILDREN-at
VDT very much reduced rates
Dec 7*3 SHIVER A BECKHAM.
Boots, Shoes,
UMBRELLAS, LONGCLOTHS, .
BLANKETS, FLANNELS,
BED TICKING, and CASSIMERES For
sale LOW. E._A G. D HOPE.
"KTo^cir Crop
LAYER RAISINS, SMYRNA FIGS,
CITRON, ZANTE CURRANTS,
ALMONDS. WALNUTS,
BRAZIL NUTS, FILBERTS, Ac. For
sale low. _E. A. G. D. HOPE.
Cheese, &c.
ENGLISH DAIRY and GOSHEN
CHEESE.
GOSHEN BUTT KR, IRISH POTATOES.
ONIONS and NORTHERN APPLES. For
sale by E. A G. D. HOPE.
H?H
7? m KERSCH AUM PIPES, Briar-wood and
J>J- Double-tube PIPES.
Pure Turkish and Virginia SMOKING
and CHEWING TOBACCO.
Dec 8 3 E. A G. D. HOPE.
Fresh Goods !
PT HHDS. good BROWN SUGAR, at alow
f_J> price.
5 bbls. Silgar House SYRUP, low price.
15 bags choice RIO COFFEE.
100 sacks SALT-extra size,
40 boxes CANDLES, in store and for
sale at fair prices by C. H. BALDWIN.
HARDWARE!
200 L,?S.' bC8t CASTSTEEL? ^sorted
HORSESHOE NAILS.
HOOKS and HINGES.
20 doz. genuine COLLINS1 AXES.
RIM and PAD-LOCKS, Ac. Just received
and for salo at fair prices hy
Dec H 2 C. II". BALDWIN.
GUNSMITHING.
PETER W. KRAFT would
respectfully infer.ii his old
friends and customers that
*ho has resumed his old busi?
ness of a GUNSMITH, and will promptly
attend to all orders. Dec 7 12
HAULING! HAULING!
ORDERS for HAULING COTTON, LUM?
BER and GOODS to and from Colum?
bia, will be attended to immediately, if loft
?t LUMSDEN A McGEE'S.
[By Special Express to the Phoenix.]
PRESIDENT'S MESSAGE.
Fellow-Citizens of thc Senate and House
of Representatives:
To express gratitude to God, in thc
?amo of the people, for the preserva?
tion of the United Stales, is my first
duty in addressing you. Our
thoughts next revert to the death of
the late President, by un net of parri?
cidal treason. The grief of the nation
is still fresh ; it finds some solace in
the consideration that he lived to
enjoy the highest proof of its confi?
dence by entering on tho renewed
term of thc Chief Magistracy, to
which he had been elected; that he
brought the civil war substantially to
a close; that his loss was deplored in
all parts of the Union; and that
foreign nations have rendered justice
to his memory. His removal cast
upon me a heavier weight of cares
than ever devolved upon any one of
his predecessors. To fulfil my trust
I need the support and confidence of
nil who are associated with me in the
various departments of Government,
and the support and confidence of
the people. There is but one way in
which I can hope to gain their neces?
sary aid; it is, to state with frankness
the principles which guide my con?
duct, and their application to the
present state of affairs, well aware
that the efficiency of my labors will,
in a great measure, depend on your
and their undivided approbation.
The Union of tho United States of
America was intended by its authors
to last as long as the States them?
selves shall last. "The Union shall
be perpetual," are the words of the
Coufederation. "To form a more
perfect Union," by an ordinance of
the people of the United States, is the
declar n purpose of the Constitution.
The huud of Divino Providence was
never more plainly visible in the
affairs of men than in tho framing
and the adopting of that instrument.
It is, beyond comparison, the greatest
event in American history; and, in?
deed, is it not, of all events in modern
times, the most pregnant with con?
sequences for every people of the
earth? The members of the Conven?
tion which prepared it, brought to
their work the experience of the Con?
federation, of their several States,
and of other Republican Govern?
ments, old and new ; but they needed
and they obtained a wisdom superior
to experience. And when, for its
validity, it required the approval of a
people that occupied a large part of a
continent and acted separately *n
many distinct conventions, what is
more wonderfid than that, after earn?
est contention and long discussion,
all feelings and all opinions were ulti?
mately drawn in one way to ita sup?
port?
The Constitution, to which life was
thus imparted, contains within itself
ample resources for its own preserva?
tion. It has power to enforce the
laws, punish treason mad insure do?
mestic tranquality. In case of the
tisurpation of the Government of a
State by one man, or an oligarchy, it
becomes a duty of the United Stites
to make good the guarantee to that
State of a Republican form of govern?
ment, and so to maintain the homo?
geneousness of all. Does the lapse of
time reveal defects? A simple mode
of amendment is provided in the
Constitution itself, so that its condi?
tions can always be made to conform
to the requirements of advancing
civilization. No room is allowed
even for the thought of a possibility
of its coming to an end. And these
powers o? self-preservation have
always been asserted in their complete
integrity by every patriotic Chief
Magistrate-by Jefferson and Jack
sou, not less than by Washington and
Madison. The parting advice of the
Father of his Country, while yet
President, to the people of the
United States, was, that "thc free
Constitution, which was the work of
their hands, might be sacredly main?
tained;" and the inaugural words of
President Jefferson held up "the
preservation of thc General Govern?
ment, in its Constitutional vigor, as
the sheet anchor of our peace at home
and safety abroad." Tho Constitu?
tion is the work of "thc people of thc
United States," and it should bc as
indestructible as the people.
It is not strange that the framers of
the Constitution, which had no
model in" the past, should not have
fully comprehended the excellence of
their own work. Fresh from a
struggle against arbitrary- power,
many patriots suffered from harass?
ing "fears of an absorption of the
State Governments by the General
Government, and many from a dread
that the States would break away
from their orbits. But thc very
greatness of our country should allay
apprehension of encroachments by the
General Government. The subjects
that come unquestionably within its
jurisdiction are so numeroiis that it
must ever naturally refuse to be em?
barrassed by qitestions that lie beyond
it. Were" it otherwise, the Executive
would sink beneath the burden, the
channels of justice would be choked;
legislation would be obstructed by
excess; so that there is a greater
temptation to exercise some of thc
functions of the General Government
through the States than to trespass on
their rightful sphere. ' 'Thc absolute
acquiescence in the decisions of the
majority" was, at the beginning of thc
century, en forced by Jefferson "as thc
vital principle of republics," and thc
events of thc last four years have es?
tablished, we will hope forever, thai
there lies no appeal to force.
The maintenance of thc Unioi:
brings with it "the support of thc
State Government^ in all theil
rights;" but it is notjpne of thc righti
of any State Government to renounce
its own place in thc Union, or to nul
I lify thejj laws of thc Union. Tin
largest liberty is to bc maintained ii
the discussion of the acts of the Fed
oral Government; but there is no ap
peal from its laws, except to the vari
ous branches of that Governmen
itself, or to the people, who grant t(
the members of the legislative and o
the executive departments no tenur*
but a limited one, and in that manne
always retain the power of redress.
"The sovereignty of the States," i
the language of the Confederacy, am
not the language of the Constitution
The latter contains the emphati
words: "The Constitution, and th
laws of the United States which sha
be made in pursuance thereof, and a
treaties made or which shall be mad
under the authority of the Unite
States, shall be the supreme law <
the land; and the judges in ever
State shall be bound thereby, an]
thing in the Constitution or laws ?
any State to the contrary notwitl
standing. "
Certainly the Government of tl
United States is a limited goven
ment; and so is every State goven
ment a limited government. Wit
us, this idea of limitation sprea<
through every form of administr.
tion, general, State and municipa
and rests on thc great distinguishir
principle of the recognition of tl
rights of mau. Thc ancient repu1
lies absorbed the individual in tl
State, prescribed his religion ar
controlled his activity. The Amei
can system rests on the assertion .
the equal right of every man to Iii
liberty and the pursuit of happines
to freedom of conscience, to the ci
ture and exercise of all his facultic
As a consequence, the Stat J go vcr
ment is limited, as to the Genei
Government in thc interest of Unio
as to the individual citizen in the i
terest of freedom.
States, with proper limitations of powi
are essential to tho existence of thu Cc
stitution of the United States. At t
very commencement, when we assumed
iilace among the powers of the earth, t
declaration of Independence was adopt
by States; so also were the Articles of Ci
federation; and when "the people of t
United States" ordained and establish
the Constitution, it was the assent of t
States, one bygone, which gave it vitali
In the event, too, of any amendment to I
Constitution, the proposition of Congn
needs the confirmation of States. Withi
States, one great branch of the Legislat
Government would he wanting. And
we look beyond tho lettor of the Cousti
tiou to tlie character of our country, its
capacity for comprehending within its
jurisdiction, ? vast continental empire is
due to thc system of States. The best
security for the perpetual existence of the
States is thc "supreme authority" of the
, Constitution of the United States. The
perpetuity of the Constitution brings with
it thc perpetuity of the States; their mu?
tual relation makes us what we are, and in
our political system their connexion is in?
dissoluble. The whole cannot exist with?
out thc parts, nor thc parts without the
whole. So long as the Constitution of the
United States endures, the States will en?
dure; the destruction of the one is the
destruction of the other-thc preservation
of tho one is the preservation of the other.
1 have thus explained my views of the
mutual relations of the Constitution and
thc States, because they unfold thc princi?
ples on which I have sought to solve the
momentous questions and. overcome the
appalling difficulties that met me at the
very commencement of my administration.
It has been my steadfast object to escape
from the sway of momentary passions, and
to derive a healing policy from thc funda?
mental and unchanging principles of the
Constitution.
I found the States suffering from thc
effects of a civil war. Resistance to thc
General Government appeared to have
exhausted itself. * The United States had
recovered possession of their forts and
arsenals; aud their armies were in the
occupation of every State which had
attempted to secede. Whether the terri?
tory within the limits of those States should
be held as conquered territory, under mili?
tary authority, emanating from thc Presi?
dent as the head of the army, was the
first question that presented itself for de?
cision.
Now, military governments, established
for an indefinite period, would have offered
no security for the early suppression of dis?
content; would have divided the people into
the vanquishers and the vanquished, and
would have envenomed hatred rather than
have restored affection. Once established,
no precise limit to their continuance was
conceivable. They would have occasioned
an incalculable and exhausting expense.
Peaceful emigration to and from that por?
tion of the country is one of tho best means
that can bc thought of for thc restoration
of harmony, and that emigration would
have been prevented; for what emigrant
from abroad, what industrious citizen at
homo, would place himself willingly under
military ruler The chief persons who
would "have followed in the train of thc
army would have been dependent on tho
General Government, or mon who expected
profit from tke miseries of their erring
fellow-citizens. The powers of patronage
and rule which would nave been exercised,
under the President, over a vast, and
populous, and naturally wealthy region,
are greater than, unless extreme necessity,
I should bo willing to entrust to any one
man. They aro such as, for myself, I
could never, unless on occasions of great
emergency, consent to exercise. Thc
wilful use of such powers, if continued
through a period of years, would havo en?
dangered the purity of the general admi?
nistration and tho liberties of tho States
which remaiued loyal.
Besides, the policy of military rule over
conquered territory would have implied
that tho States whoso inhabitants may
have taken part in the rebellion had, by
tho act of those inhabitants, ceased te
exist. But the true theory is, that all pre?
tended acts of secession were, from thc
beginning, null and void. The States
cannot commit treason, nor screen the in?
dividual citizens who may have committee1
treason, any moro than they can maki
valid treaties or engage in lawful commerce
with any foi sign power. The States at?
tempting to 3ecede, placed themselves ir
a condition where their vitality was im?
paired, but not extinguished-their func?
tions suspended, but not destroyed.
But if any State noglci. ts or refuses ti
perform its offices, there is the moro necc
that thc General Government should main?
tain all its authority, and, as soon as prac
ticable, resume the exercise of all itt
functions. On this principle I have acted
and have gradually and quietly, and bj
almost imperceptible steps, sought ti.
restore the rightful energy of thc Genera
Government and of the States. To tba
end, Provisional Governors have been ap
pointed for the States, Conventions called
Governors elected, Logislatui es assembled
and Senators and Representatives chosei
to the Congress of the United States. A
the same time, the Courts of the Unite.
States, as far a - could be done, have heel
re-opi ned, so that tin: laws of the Unite,
States may be enforced through thci
agency. The blockade has been removed
and the custom-houses re-established ii
ports of entry, so that the revenue of th.
United States may be collected. The Pos
Office Depart nient renews its ccaseles
activity, and the General Government i
thereby enabled to communicate promptl;
with its officers and agents. The court
bring security to persons and property
the opening of the ports invites the reste
ration of industry and commerce; the pos
office renews the facilities of social inter
course and of business. And is it no
happy for us all, that the restoration c
each one of these functions of the Genen
Government brings witii it a blessing t
the States over which they aro extended
Is it not a sure promise of harmony an
renewed attachment to the Union thai
after all that has happened, thc return i
the General Government is known only a
a beneficence ?
I know very well that this policy is at?
tended with some risk; that for its success
it requires at least the acquiescence of the
States which it concerns; that it implies
an invitation to those States, by renewing
their allegiance to the United Slates, to
resume their functions as States of the
Union. But it is a risk that must be taken;
in thc cindee of difficulties, it is the small?
est risk; and to diminish, and, if possible,
to remove all danger, I have felt it-incum?
bent on nie to assert one other power of
thc General Government-thc power -o?
pardon. As no State can throw a defence
over the crime of treason, the power of
pardon Ls exclusively vested in the Execu?
tive Government of the United States. In
exercising that power I have taken every
precaution to connect it with thc clearest
recognition of the binding force of thc
laws of the United States, and an unquali?
fied acknowledgment of tho great social
change of condition in regard to slavery
which has grown out of the war.
Thc next step which I have taken tc
restore the constitutional relations of tfhe
States, has been an invitation to them to
participate in the high office of amending
thc Constitution. Every patriot must wish
for a general amnesty at the earliest epoch
consistent with public safety. For thia
great end there is need of a concurreooe
of ail opinions, and the spirit of mutual
conciliation. All parties in the late terri?
ble conlliet must work together in har?
mony. It is not too much to ask, in the
name of the whole people, that, on tho one
side, the plan of restoration shall proceed
in conformity with a willingness to cast
the disorders of the past into oblivion;
and that, on the other, the evidence of sin?
cerity in the future maintenance of the
Union shall bo put beyond any doubt by
the ratification of the proposed amend?
ment to the Constitution, which provides
for the abolition of slavery forever within
the limits of our country. So lo-ig as the
adoption of this amendment is delayed, so
long will doubt, and jealousy, and uncer
tainty prevail. This is thc measure which
will efface the sad memory of the past;
this is thc measure which will most cer?
tainly call population, and capital, and se?
curity to those parts of tho Union that
need them most. Indeed, it is not too
much to ask of the States which are now
resuming their places in the family of the
Union to give this pledge of perpetual
loyalty and peace. Until it is done, the
past, however much we may desire it, will
not be forgotten. The adoption of thc
amendment re-unites us beyond all power
of disruption. It heals the wound that ia
still imperfectly closed; it removes slavery,
the clement which 1 is so long perplexed
and divided the com. ry; it makes us once
more a united people, renewed and
strengthened, bound more than ever to
mutual affection and support.
The amendment to the Constitution
being adopted, it would remain for the
States, whose powers have been so long in
abeyance, to resume their places in the
two branches of the National Legislature,
and thereby complete the work of resto?
ration. Here it is for YOU, fallow-citizens
of tho Senate, and for you, fellow-citizens
of the House of Representatives, to judge,
each of you for yourselves, of the elec?
tions, returns, and qualifications of your
own members.
The full assertion of thc powers of the
General Government requires the holding
of Circuit Courts of the .United States
within the districts where their autbority
has been interrupted. In the present pos?
ture of our public affairs, strong objection?
have been urged to holding those courts in
any of the States where the rebellion has
existed; and it was ascertained, by in.juiry,
that the Circuit Court of the United States
would not be held in the District of Vir?
ginia during the autumn or early winter,
nor until Congress should have "an oppor?
tunity to consider and act on tho whole
subject." To your deliberations the resto?
ration of this branch of the civil authority
of the United States is, therefore, neces?
sarily roferred, with the hope that early
provision will be made for the resumption
of all its functions. It is manifest that
treason, most flagrant in character, has
been committed. Persons who are charged
with its commission should have fair and
impartial trials in tho highest civil tribu?
nals of thc country, in order that the Con?
stitution and the laws may be fully vindi?
cated; the truth clearly established and
affirmed that treassn is a crime, that, trai?
tors should be punished and the offence
made infamous, and, at tin1 same time,
that the question may be judicially settled,
finally and forever, t hat no state, of its own
will, lias tie- right to renounce its place in
the Union.
Tlie relations of the General Govern?
ment towards thc four millions of inhabit?
ants whom the war has called into freedom,
has engaged my most serious considera?
tion, tm the propriety of attempting to
luak'" tin; freedmen electors by thc procSa
mation of the Executive. I took tor my
counsel the Constitution itself, ihe inter?
pretations of thai instrument hy its authors
and their contemporaries, and recent legis?
lation by Congress. When, at the first
movement towards independence, the Con?
gress of the United States instructed the
several States to institute Governments of
their own, they left each State to decide for
itself the conditions for the enjoyment of
thc elective franchise. During the period
of the Confederation, there continued to
exist a very great diversity in the qualifi?
cations of electors in the several States;
and even within ft State a distinction of
qualifications prevailed with regard to the
officers who were to be chosen. The Con