The daily phoenix. (Columbia, S.C.) 1865-1878, January 06, 1867, Image 1
DAILY
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'Let our Just Censure
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BY JULIAN A. SELBY.
COLUMBIA, S. C., TUESDAY MORNING, OCTOBER 2. 1866.
VOLUME II-NO. 16^
THE PHOENIX,;
PUBLISHED DAILY AND TRI-WEEKLY.
THF, GLEANER,
EVERY WEDNESDAY MORNING.
BY JULIAN A. SELBY.
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tine month or year.
It. murk? of Hon. K. S. Kcitt,
Delix ired in the House of Representa?
tives of South Carolina, on Wednes?
day, December 19, on the foliote lng
preamble and resolulio?is, introduced
by himself:
"Whereas, the changed condition of
oar country, produced by the late
?war, is so great as to require corres?
ponding changes in the organic law,
before the entire system of Govern?
ment can be worked in harmony; and
whereas, the people of South Caro?
lina are anxious that amicable rela?
tions should be restored, as early as
possible, between all parts of the
Union, that peace, prosperity and
happiness may return to the country,
Resolved, That the General Assem?
bly of the State of South Carolina
respectfully applies for a convention
of all the States composing the United
States of America, (two-thirds of all
the States concurring,) to be con?
vened as early as possible, iu accord?
ance with the lifth article of the Con?
stitution, to fairly and fully discuss
and propose such amendments to the
Constitution ?is thc condition ol' thc ;
country imperatively requires.
Resolved, That Iiis Excellency the
Governor be, and he is hereby, re?
quested to transmit a certified copy
of the foregoing preamble and resolu?
tions to his Excellency Hi." President
of tho United Slates, with tho request
that the same be transmitted by him
to Congress; and also to transmit cer
tified copies of Hie sann; to the Go?
vernors composing the several States
of thc United States ol' America.
MK. SPEAKER: I rise for the pur?
pose, of speaking to tin; resolutions
which I have the honor to present
for tin; consideration ?ind action of
this lionne. When the ship is out
upon the vast and the unknown seas,
the heavens arc lowering with clouds
of deep, heavy blackness, tho thun?
ders are rolling, and the lightnings
are-rendiug thc skies, and the terrible
storm is sweeping, in ils wild and
maddening fury, over the vast bosom
of the mighty ocean, stirring up her
profoundest depths, and the waves
rolling high and dashing wildly over
the thick of the ship, consternation
and terror pervades all aboard; out
the mariner, unawed, stands calm,
linn and erect, at the bow of his
ship; he draws his horoscope, takes
his latitude and departure, and brings
all Siife into the haven of repose. For
five years past, the noble old ship of
Carolina has been weathering one of
the wildest and most terrific gales
that has e\er swept over land or sea.
The maddening storm that has faged
around her, and the wild waves that
have dashed over her deck, have
swept away all of her rigging. The
storm has lulled, the tempest has
been appeased, but tho waves are still
roiling high, ?md mighty breakers are
ahead of us. Thc President of the
Uuited States has assumed command
of the noble old ship, and it is for
you-her crew-to say whrther you
will heed his commands, or whether
you will let your ship drift wherever
the winds ?iud waves may bear her.
As for myself, my determination has
long since been made. When the
armies of the South were surrendered;
when I wits called upon by my com?
manding officer to lay down my arms;
when 1 turned my back upon General
Sherman's vast army, in North Caro?
lina, I told my brave comrades-in
arms, who hud been through the dark
perils of the fearful contest, that
there was but one thing now left to
us-we. had Imf to go to our homes,
go to work, and restore our country
to law and order, and, if possible, to
bring her back to peace, prosperity
and happiness. This is my present
determination, and I shall spare no
effort to accomplish it. It is true,
that- some of the great and grand
principles which have heretofore di?
rected and controlled this gn at Go?
vernment under which wt? live, have
been jostled from their track-way,
and have, gout; dow:, forever in the
fearful contest; ?rut the President of
the United States has given us his
word-l e has pledged it to the whole
country-?lie has made this sacred
and solemn pledge before the civil
ivied world-that it is his unfaltering
! and undying d?termination to restore,
I the Republic, ns nour as possible, to
1 her ancient simplicity and purity. In
this, ho shall have my ungrudging
und most cordial support.
' When t his grand and terri lie revo?
lution, from which wo uro just emerg?
ing, was inaugurated, I was not in
political life; but when my State
passed her ordinance of secession
and called upon her sons to rally be?
neath her lint,' and defend her, we
went forth and did all we could to
prevent the present awful condition
of things. We fought not to destroy
the North; we fought not to perpetu?
ate slavery; wo fought for self-govern?
ment; we fought for the indepen?
dence and separate nationality of the
South; we fought for Southern genius,
Southern civilization and Southern
society. These wero the high and
noble sentiments which moved the
grand masses of my countrymen,
and which made them irresistible
upou so many hard-fought and well
contested fields. That wu have failed
in the heroic effort, is no argument
that our cause was unjust and that we
were wrong. When the Government
of the United States was founded
and organized by tho adoption and
ratification of the Constitution which
unites and binds together the differ?
ent States of the Union. South Caro?
lina voluntarily acceded to that in?
strument. What, I ask, was the great
end and aim of the patriots of the
Revolution and the fathers of the
republic, as set forth in the preamble
to the Constitution, when they found?
ed and organized the Government.'
Was it not to form a more perfect
Union, establish justice, insure do?
mestic tranquility, provide for the
common defence, promote the gene?
ral welfare, and secure the ble ssings
of liberty to ourselves and our pos?
terity? As long a.s the Government
was administered upon these high
and holy principles, I proclaim and
maintain that-no State upon tho
broad continent of America did mon;
for the honor, the glory and undying
fame of the republic, than did South
Carolina. There is nota page of her
history in which the names of her
sons aro not intimately interwoved
for their splendid deeds and noble
examples, either in the State or Fede?
ral councils, or upon tho dark and
bloody fields of battle. It was not
until 1SC0, when thc Government
was about to pass out of the hands of
those' who had administered her with
equity and justice, into the hands of
those who had sworn eternal, bitter
and undying hate to the South, w ho
had openly proclaimed that the Con?
stitution of our fathers was "a cove?
nant with hell," that South Carolina,
believing her .rights in the Union
were insecure, convoked her sons
and passed her ordinance of seces?
sion. What. I ask, was the ordinance
of secession? It was an expression,
on the part of the people of the
State, of their wish and desire to
peaceably withdraw, if possible, from
the Federal Union, but, if needs be,
their determination to do it at the
point of the bayonet and the edge of
the sworl. When South Carolina
took this position, she did no more
than she had been taught by the
ablest statesmen of the republic from
its foundation, and what she believed
she had an inherent right to do; that,
as she had voluntarily acceded to the
Government, when the great end and
aim for which the Government was
founded had failed, she had an inhe?
rent right voluntarily to secede. I
have said that our failure to establish
our independence and separate na?
tionality is no argument that our
cause was unjust and that we were
wrong. If the noble spirits who put
South Carolina in the attitude of se?
cession are traitors; if the heroic
and gallant dead and living who ral?
lied beneath the old Palmetto Hag, to
defend that position, are traitors; if
Mr. thivis, who is now languishing in
prison, who commanded the armies
rind navy of the South, from whoso
uoble lips not a murmur has yet
broken, is a traitor to the Constitu?
tion and laws of his country, why, I
ask, has he been denied a trial for
nearly two years? Is it possible that
this great Government, with her
million of soldiers and her great
generals, with her judges and her
courts, is unable to bring to trial one
singh; individual? No. Why Mien,
I ask, h is he been denied a trial?
Let history answer tho question.
They know he is no traitor; they
know he stands upon the imperish?
able foundation of right, truth and
justice-yes, upon the fundamental,
organic, constitutional law of the re?
public, and they cannot convict him.
There is no more potential argument
of the justice of the cause which wc
espoused, and that we were right,
than the failure on the part of tin
Government to "ming to a fair and
impartial trial him who headed the
armies and navy of tho South.
But, Mr. Speaker, tho war ha;
ended. The contest has 1 Med
Under our theory of tb- A ument
I we were out of the Union. Wc were
! vanquished, subjugated and subject
to the terms of the conquerors. The
President of the United Stales-the
highest civil and military officer
known to tho laws of the Republic,
a statesman worthy of the enlighten?
ed age in which we live-imposed the
terms. We have carried them out in
good faith, and to the letter. By his
orders, the State Government of
South Carolina was revived, ami is
now in full operation. I am here to?
day by that authority.' He says South
Carolina is a State, and that she is
now in the Union. I know no higher
authority. Can the brave, the gene?
rous and manly of the North go be?
hind the record of the Chief Magis?
trate of their own choice? No. Under
the opposite theory of our Govern?
ment, and against which weheroically
fought for five long years, viz: that a
State cannot secede from the Union,
South Carolina is now a State, and
she is now in tho Union, because
she could not get out of it. Hence,
under each and both ,of these theo?
ries. South Carolina is a State, and
she is now in the Union. Such being
the case, I would have her bear her?
self as becomes a State in the Union.
I admit, Mr. Speaker, that great
changes have occurred in the country
during tho lato war, which necessi?
tates corresponding changes in the
organic law, and I am prepared to
make such changes as will ameliorate
the condition of the country and ad?
vance the civilization of the ago in
which we live.
The question which naturally arises
here for solution is, how are these
changes to be made and met, if we
would preserve tho principles of the
republic? The Constitution points
out but two modes by which it can
be done. The one is by Congress,
when two-thirds of both Houses deem
it necessary, proposing amendments
which must be adopted and ratified
by the Legislatures of three-fourths
of the States, or by conventions in
three-fourths thereof, before they
can become a part of the organic;
law. The other is by a. convention of
all tho States, convoked by Congress
u?ion the application of the Legisla?
tures ot* two-thirds of the States pro?
posing amendments, which must
travel through the same process of
ratification. An important question
presents itself just here, viz: Is tin
Congress, as now composed, the Con?
gress contemplated by the. Constitu?
tion, and competent to proposo
amendments io that instrument:
Luring the war, the Congress, ai:
now composed, was competent tc
enact such laws as were necessary tc
preservo and carry on the Govern?
ment, because the eleven Southern
States were absent by their own voli?
tion, and there is no provision in tin
Constitution to compel their attend?
ance. Thc cuEJ new, however, ii
very different. The Southern State.1
are clamorous lu be admitted to theil
seats in Congress. The Constitutioi:
knows no Congress as competent tc
propose amendments, except il is
composed of members from all ol
the States. The present Congress i;
not composed of members from all o:
the States; therefore it is not eompe
tent to propose amendments. Hence,
my propositions to amend the Cou
stitution emanating from that body
:is now composed, are illegal, because
void of the sanction of Coustitutiona
law, and you cannot receive and cn
bertain them without a subversion o:
the principles of the republic, aud ?
diango in her form of Government
Another equally important questiot
presents itself at this point, viz: .Cai
we, from present appearances, r'ea
jonably expect such a change in tin
lomposition of Congress as to rende:
that body competent, in accordance
with the provisions of the Constitu
?iou, to propose amendments to tba
instrument? What is the presen
condition and position of tiling-? Wi
ive under a great complex system o
3-overnment, Democratic and Repub
ican in its form, and divided int?
three great ' Departments-Legisbi
;ivo. Executive and Judicial. Tb
Legislative and the Executive are th
two departments most intimately am
lireetly coouected with the solutioi
jf the question before us. I shall
therefore, define only their positions
Fhe Executive Department has plant
jd itself upon the Constitution
which it has sworn to preserve, jin
tect and defend, and it canuot recede
Tho Legislative Department ha
taken its position in antagonism wit
the Executive, and, having been sm
taincd in it by a majority of th
Northern people, will not recedt
These two departments of the Gc
vernment have, for the past twelv
months, beni gettiug wider an
wider apart each day, the Legislativ
[ill tho time encroaching upon an
iibsorbing the powers of the oth(
two departments of the Governmen
We cannot, therefore, reasonably e:
peet such a change in the eompositio
nf tho present Congress as to rend?
that body competent, in accordant
I with tho provisions of the Constitu
j tion, to propose amendments to that,
I instrument. But for all practical
I purposes, the Congress, ns now com
I posed, is competent to exercise such
functions as ure needful to preserve
the Government-baviug been recog?
nized as sueli by the Executive and
Judicial Departments of the Gv>vern
I mont. The only mode now left to us
by which to propose amendments to
I the Constitution, and about which no
question of constitutionality eau bc
raised, is a convention of all of the
States. This can only be had by the
application of the Legislatures of two
thirds of all of the States to Congress
for the convocation of such a body.
Thc resolutions which I have the
honor to present for tho considera?
tion of thc House, embodies that ap?
plication from this State, and I in?
voke their passage, if you would
make an efi'orL to save the principles
of the republic. Should you adopt
them, you have all to gain and no-*
thing to lose. As matters now stand,
we have no hearing, while all of the
great principles upon which the Go?
vernment is to bo projected, and
worked, arc being settled and es?
tablished. If the resolutions arc
adopted, and the great end and aim
contemplated by them attained, you
will have a hearing, where all of the
I great questions that are now convuls
j ing the country and threatening the
j overthrow of the Government can be
fairly, fully, freely and thoroughly
discussed and settled, I hope, forever.
1 Should such a body be convoked,
and you find yourselves in a hopeless
minority, you will be in no worse
condition than you are now. Every
proposition to amend the Constitu?
tion will have to go back to the
States, and be adopted and ratified
by the Legislatures of three-fourths
of the States, or by conventions in
three-fourths thereof, before they can
become a part of the organic; law.
The North has made its proposition,
which has come to us in thc form of
proposals to amend the Constitution.
In addition to its severit}-, it ema?
nates from a source of, at least, doubt?
ful constitutionality, and we cannot
accept it. Let this be our proposi?
tion. Jt is a fair one, and is in con?
formity with the Constitution, and I
trust will be kindly received. Should
you adopt the resolutions, ami fail to
attain the great end and aim contem?
plated by them, you will have the
satisfaction, in futuro, to know that
you made the last great effort to save,
the republic, and you will receive the
"well done" of the good, the generous
and brave everywhere.
Should we fail, however, lo attain
thu great end aud aim contemplated
by the resolutions, then, to me, the
future of the American people is
dark and gloomy in tho extreme. It
has taken all of the past to make up
the present. He who would under?
stand thc present and judge of the
future must know well the past.
Kingdoms, governments, dynasties
and empires have- risen upon the
earth, and they have passed away
forever. Talk to me not of the civil?
ization of the nineteenth century,
lu the midst of civilization we are in
the midst of barbarism. A people
an age-proceeds from barbarism to
civilization, from civilization to re?
finement, from refinement to corrup?
tion, then back again to barbarism,
night, tyranny, despotism and op?
pression. I stand to-day amid the
ruins of vandalism. We are not half
so civilized as were either the an?
cient Greeks or Romans; yet Greece,
with all of her civilization and refine?
ment, has almost passed from the
map of the world. The Roman Em?
pire, that once covered, with tin;
wings of her eagle, almost the entire
contineut of Europe, convulsed aud
shaken by revolutions, has boen scat?
tered to the winds. In thc vast aud
mighty changes through which we
are passing, I invoke you to trust not
ia men, trust not to their influences,
for men and their influences change
and perish and pass away forever.
Trust principle alone, for tiiat alone
survives the shock of revolutions and
time. Toe human mimi and human
passions are the same to-day that they
ever have been, and they will continue
tho same to the "last syllable of re?
corded time." They are the same to?
day that they were when tin; great
Carthageniau generals wrestled in
mortal and deadly combat upon the
ensanguined plains of Apulia with
the soldiers of thc; Roman Republic
for the mastery of empire; they are
the same to-day that they were when
Caesar met Pompey upon tin; dark
and bloody field of Pharsalia; they are
tue same to-day that tiley were when
Lord Chatham, in the Euglish Parlia?
ment, curbed the haughty spirit of un
oppressive Government; they aro the
sunn; to-day that they were when Mi?
rabeau, scattering abroad the. thun?
ders of his tribunitial eloquence,
staggered for a moment the French
Revolution; they aro the same to-day
that they were wh?n Napoleon, thc
Great, pointing to the Pyramids,
groy with forty ccu taries, kindled an
I enthusiasm, before which numbers
were as not liing, and banded Europe
sank down in disastrous defeat before
his proud and victorious columns,
aud he dictated terms to every Go?
vernment upon the broad continent
of Europe, from their own proud and
boasted capitals. Trust, then, not to
men; trust not to their influences;
trust alone; to principle. Rarely, in
the history of the wv rid, has a people
ever passed through a revolution so
grand and terrille as that from which
wc are just emerging; but it was soon
followed by another, which was more
awful and disastrous in its results.
Trace back thc long trackway of the
mighty past, and survey those vast
fields upon which the human mind
ami human passions have displayed
themselves for thousands of years.
Go to Enrojie, that splendid theatre,
upon which the arts, sciences, litera?
ture and human society have attained
their highest forms of perfection,
and imbibe lessons of wisdom and
learning as they have been evolved
by the experience of those who have
gone before us. How fared it with
that beautiful country when the vast
hordes from the great North poured
down like a mighty flood, deluging
all the land? On rolled the revolu?
tionary tide, until they watered their
horses in the Tiber, and stabled
them in tho palaces of kings and
rioted in the festive halls of emperor
and consul. Nor was their lust for
pelf and power even satiated then.
On rolled thc revolutionary wave,
until they had confiscated every acre
of land throughout Southern Europe,
and divided it out among their of?
ficers, soldiers and followers, and
upon those awful and terrific ruins
arose the feudal system. Such has
been the history of Southern Europe.
Has this been true alone of that
beautiful country? No. Cross tin1
English Channel, and go to England
proud old England-whose; flag floats
beneath every sky: whose drums beat
all around tin; world; upon whose do?
minions tile .sun ceases not to shine;
whose commerce covers every sea,
and whose proud licet ploughs the
dark blue waves over every ocean.
How fared it with this noble old
kingdom in times long since gone by?
Siie li s been four different times
subjugated. Her laws, manners,
customs and institutions have all
been subverted and changed; thc
last time, by the proud Norman con?
queror, who invaded her soil with a
vast army, and fought a great pitch? d
battle just outside of London. Thc
English army was defeated; they laid
down their arms just as you did alter
the surrender of Lee and Johnson,
md went to their respective homes,
md resumed their usnal avocations.
The proud conqueror entered their
imperial capital, with his ban nert
[lying triumphantly; he took posses
don of the country, and dotted it
with his garrisons, and swore, upon
the altar of his God, to preserve in?
violate the Constitution and laws ol
the kingdom. The nobility, from
jvery part of the realm, crowded it!
iud swore allegiance to him. How
were these sacred and solemn pledge?
?opt? Sis months had scarcely pass
id by before the proud conqueror re
tired t<> his native Normandy, leav?
ing England in command of
jfficors. They bore down upo;, tin
people-the result was a second rovo
ution. The nows had scarcely cross
ed the English channel, and brokei
ipon the ears of the proud conqueror
^re he returned to England and raise?
?mother vast army, with which In
rolled over her like thc waves of oh
ocean. He crushed and annihilate*;
jvery obstacle; he confiscated tin
iuds of England, and divided then
mt among his officers, soldiers am
'ollowers, and inaugurated ami es
ablished there, too, the feudal sys
em which he formed in Souther!
Europe and Franc*'. Such has bcei
the history of our kind in times lori j
-ince gone; by. The New World i
raveling around the same great eire!
iver which the Old traveled cent?
?es ago. The same causes will, nude
ike eire;: instances, produce si mila
: fleets. Give me t?it; sanie premises
md I will make the same deductions
Let us prout by the example and e-xpc
?ience of those who "have gone befor
is; let us, if possible*, save the republic
et us preservo those great principle
that have come ito wu te> us throng
he gathering of almost a century
cemented, baptized ami establishe
>y the blood of a brave, heroic an
llustrious ancestry, after seve n lon
tears of sufferings, privations, eh
"eats and victories. With these re
narks, I leave the question in th
seeping e>f the; House-, relying, wit
in unshaken confidence in the Prov
lenee of God, that they will solve
.visely._
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for the asking. Send for copies to tho
Central Manufactory, N'" Pitts!.uri,'. Pa., cr
t> the nearest ngcnt for lloatetter's Sto?
mach Bitters. Tho bitters are said in
?very city, tonn and village of the United
States. Dec CO IG
TO B.EHT,
Tl:IP long-established and well-known
J_ K-YAJtli of Ii. P. .', .1. S Green,
lear Columbia. FOT particulars, apply lo
JOMN S. G BEEN,
Dec 2y \1 Columbia. S. C.
Columbia Male Academy !
Classical and Mathematical School.
HUGH S. THOMPSON, instructor in
M ithem'cs, French and bn;;lish branches.
P.ICHAltD FOB?), A. M., Lnstrncrorin tho
Latin anil Gre?, k ( 'lassies ?nd ling. Dr'ches.
#THE dnt torey f 1SG7 will
pared f<>r aif'tnipsion into any
mercantile lifo. Terms for the four months
'or the Clasnica, French ?nd English
Brat i h.->, $25; Tor the English branch. rt ;U.
Mr. Ford is prepared to receive BOA KD
?.(;,s Dec 23 TO'hrntn?h?n6*
COLUMBIA MALE SCHOOL !
At the School-house ci' Palmetto
Lodge Ko. 5, J. 0. ?. F.
sig*. THE exercice* of this School
^^jPj^^ -11-1' o'-;'ai'!'t:ts of s? inly are
>ri.-ui>; tin: clements of a good . nui.sh
-.Inc .tion. 2d J'lir Merca utile, cum pre?
tending Book-keeping and nil collateral
.ranche*, il. Thc tJUissic>W. . m bracing
tte course of study requireti for admission
uto College or tho University of .South
Ja retina.
As the number of scholars admitted into
Ins school is always limited, tito in-trec
iou ni all these depart mci tte will ho
norong, ami pupil? will receive ad tho
tttentioYt necessary to enable them to pur?
ims their studie.- wit o interest and success.
Thc rate of tuition per cession of five
nonths is $-20, one half payabloat thc c.uso
if each half session.
F. V7. PAl'E, Principal.
Dec 30 mt nth ml*