Historical Newspapers of South Carolina

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?; flt* Daily Paper $8 a Year "Let* oar Just Censure _? PHO??IX. Attend the True Eveat." Tri-Weekly $5 a Year BY JULIAN A. SELBY. COLUMBIA. S. C.. WEDNESDAY MORNING, DECEMBER 4, 1867. VOLUME III-NO. 220. THE PHONIX PUBLISHED DAILY AND TBI-WXXXLT. THE GLEANER, EVERY WEDNESDAY HORNING. BY JULIAN A. SELBY, CITY PRINTER. C*ce cs H?!z street, ? icm ?uurs above Taylor (or Camden) street. TERMS-IN AD VANCE. SUBSCRIPTION. Dally Paper, six months.$4 00 Tri-Weekly, .? " .3 50 Weekly, ?? M .1 50 ADVERTISEMENTS Inserted at 75 cents per square for the first insertion, and 50 cents for each subsequent. Weekly 75 cents each insertion. #W A liberal discount made on the above rate* when advertisements are inserted by the month or year. AGENTS. Spartanburg-Hiram Mitchell. J. R. Allen, Chester. Julius Poppe, Anderson C. H. 8. P. Kinard.Newberry C. H. W. T. Sims, Union. J. M. Allen, Greenville. PRESIDENT'S MESSAGE. DELIVERED TUESDAY, DEC. 3, 1867. Felloio- Citizens of the Senate and House of Representatives: The continued disorganization of the Union, to -which the President has so often called the attention of Congress, is yet a subject of profound and patriotio concern. We may, however, find come relief from that anxiety in tho reflection that the painful political situation, although before untried by ourselves, is not new in the experience of nations. Political science, perhaps as highly perfected in our own time and coun? try as in any other, has not yet dis? closed any means by which civil wars can be absolutely prevented. An enlightened nation, however, with a wise and beneficent Constitution of free Government, may diminish their frequency and mitigate their severity by directing all its proceedings in accordance with its fundamental law. When a civil war has been brought to a close, it is manifestly the first interest and duty of the State to repair the injuries which the war hos inflicted, and to secure the benefit of the lessons it teaches as fully and as speedily as possible. This duty was, upon the termination of the rebel? lion, promptly accepted, not only by the Executive Department, but by the insurrectionary States themselves, and restoration, in the first moment of peace, was believed to be as easy and certain as it was indispensable. The expectations, however, then so reasonably and confidently enter? tained, were disappointed by legisla? tion from which I felt constrained, by my obligations to the Constitu? tion, to withhold my assent. It is, therefore, a source of pro? found regret, that in complying with the obligation imposed upon the President by the Constitution, to ) give to Congress from time to time information of tho state of 4he Union, I am unable to communicate any defi? nite adjustment, satisfactory to the American people, of the questions which, since the close of the rebel? lion, have agitated the publio mind. On the contrary, candor compels me to declare that at this time there is no Union as our fathers understood the term, and as they meant it to be understood by us. The Union which they established can exist only where all the States are represented in both houses of Congress; where one State is as free as another to regulate its internal conoerns according to its own will, and where the laws of the Central Government, strictly confined to matters of national jurisdiction, apply with equal force to nil the peo? ple of every see?'on. That such is not the present "state of the Union," is a melancholy fact, and we all mast acknowledge that the restoration of the States to their proper legal rela? tions with the Federal Government and with one another, according to the terms of the original compact, would be tbe greatest temporal bless? ing which God, in His kindest pro? vidence, could bestow upon this nation. It becomes our imperative duiy to consider whether or not it is impossible to effect this most d?sira? ble consummation. The Union and tho Constitution are inseparable. As long os one is obeyed by all p&?l?ed, lue other wiii be preserved; and if one is destroyed, both must perish together. The de? struction of the Constitution will be followed by other and still greater calamities. It was ordained not only to form a more perfect nnion between the States, but to "establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Nothing but impli? cit obedience to its requirements in all parts of the country will accom? plish, these great ends. Without that obedience, we can look forward only to continual outrages upon individual rights, incessant breaches of the pub? lic peace, national weakness, financial dishonor, the total loss of our pros? perity, the general corruption of morals, and the final extinction of popular freedom. To save our coun? try from evils so appalling as these, we should renew our efforts again and again. To me, the process of restoration seems perfectly plain and simple. It consists merely in a faithful applica? tion of the Constitution and laws. The execution of the laws is not now obstructed or opposed by physical force. There is no military or other necessity, real or pretended, which can prevent obedience to the Consti? tution, either North or South. All the rights and all the obligations of States and individuals can be pro? tected and enforced by means per? fectly consistent with the funda? mental law. Tho courts may be everywhere open, and, if opon, their process would be unimpeded. Crimes against the United States can be pre? vented or punished by tho proper judicial authorities, in a manner en? tirely practicable and legel. There is, therefore, no reason why the Con? stitution should not be obeyed, unless those who exercise its powers have determined that it shall be disregard? ed and violated. The mere naked will of this Government, or of some one or more of its branches, is the only obstacle that can exist to a per? fect union of all the States. On this momentous question, and some of the measures growing out of it, I have had the misfortune to differ from Congress, and have expressed my convictions without reserve, though with becoming deference to the opinion of the legislative depart? ment. Those convictions are not only unchanged but strengthened by subsequent events aud further reflec? tion. The transcendent importance of the subject will be a sufficient exonse for calling your attention tc some of the reasons which have sc strongly influenced my own judg? ment. The hope that we may all finally concur in a mode of settle ment, consistent at once with om true interests and with our sworn duties to tho Constitution, is toe natural and too just to be easily re linquished. It is clear to my apprehension thai the States lately in rebellion are stil members of the national Union When did they cease to be so? Th< "ordiuance of secession," adopted ty a portion (in most of them a verj small portion) of their citizens, wer mere nullities. If we admit now tba they were valid and effectual for tb purpose intended by their authors we sweep from under our feet tb whole ground upon which we justiflei the war. Were those States after wards expelled from the Union b; the war? The direct contrary wa averred by this Government to be it purpose, and was so understood b; all those who gave their blood am treasure to aid in its prosecution. I cannot be that a successful wai waged for the preservation of th Union, had the legal effeot of dissoh ing it. The victory of tho nation' arms was not the disgrace of he policy; the defeat of secession on th battle-field was not the triumph c its lawless principle. Nor could Coi gress, with or without the consent c tho Executive, do anything whic would have the effect, directly or ii directly, of separating the States froi each other. To dissolve the Unio is to repeal the Constitution whic bolds it together, and that is a pow? which does not belong to any depar ment of this Government, or to all < them united. This is so plain that it has been a knowledged by all branches of tl Federal Government. TheExecutn (my predecessor as well as mysel and tue heads of all tho Departmen have uniformly acted upon the prii ciple that the Union is not only u dissolved, but indissoluble. Co gross submitted an amendmontof tl Constitution to be ratified by tl Southern States, and accepted the acts of ratification as a necessary ai lawful exercise of their highest fun tion. Tf they were not States, were States out of the Union, th( consent to a change in the f?ndame tal law of tho Union would have be nugatory; and Congress, in asking committed a political absurdity. T Judiciary has also given the solee sanction of its authority to the sai view of the case. Tho Judges of t Supreme Court have included t Southern States in their circuits, a they are constantly, in bane and el where, exercising jurisdiction whi does not belong to them, unless thc States are States of the Union. If the Southern States are com? ponent parts of the Union, the Con? stitution is the supr?me law for them, as it is for all the other States. They are bound to obey it, and so are we. The right of the Federal Government, which is clear and unquestionable, to enforce the Con? stitution ripon them, implies thu correlative obligation on our part to observe its limitations and execute its guaranties. Without the Consti? tution we are nothing; by, through, and under the Constitution we are what it makes us. We may doubt the wisdom of the law, we may not approvo cf its provisions, but we cannot violate it merely because it seems to confine our powers within limits narrower than wo conld wish. It is not a question of individual, or class, or sectional interest, much less of party predominance, but of duty of high" and sacred duty-which we are all sworn to perform. If we can? not support the Constitution with the cheerful alacrity of those who love and believe in it, we must give to it at least the fidelity of publio servants who act under solemn obli? gations and commands which they dare not disregard. The constitutional duty is not the only one which requires tne State to be restored. There is another con? sideration which, though of minor importance, is yet of great weight. On the 22d day of July, 1861, Con? gress declared, by an almost unani? mous vote of both Houses, that the war should be conduoted solely foi the purpose of preserving the Union, and maintaining the supremacy ol the Federal Constitution and laws, without impairing the dignity, equal? ity, and rights of the States or ol individuals; and that when this was done, the war should cease. I dc not say that this declaration is per sonally binding on those who joinec in making it, any more than indi vidual members of Congress are per sonally bound to pay a public cleb created under law for which thej voted. But it was a solemn, public official pledge of tho national honor and I cannot imagine upon wha grounds the repudiation of it is to bi justified. If it be said that we ar not bound to keep faith with rebels let it be remembered that this pro miso was not made to rebels only Thousands of true men in the Soutl wore drawn to our standard by il and hundreds of thousands in th North gave their lives in tho belie that it would be carried out. It wa made on the day after the first grea battle of the war had been fougb and lost. All patriotic and intell gent men then saw the necessity ( giving such an assurance, and b< lieved that without it the war wool end in disaster to our cause. Havin gven that assurance in tho extrem ty of our peril, tho violation of now, in the day of our power, woul be a rude rending of that good fait which holds the moral world togethe our country would cease to have ar claim upon the confidence of men; would make the war not only a fai ure, bnt a fraud. Being sincerely convinced th these views ure correct, I would 1 unfaithful to my duty if I did n recommend the repeal of the Acts Congress which place ten of tl Southern States under the domin tion of military masters. If cal reflection shall satisfy a majority your honorable bodies that the Ac referred to are not only a violation the national faith, bnt in direct co flict with the Constitution, I dare n permit myself to doubt that you w immediately strike them from t statute book. . To demonstrate the u neon st it tional character of those Acts, I ne do no more than refer to their gel ral provisions. It must be seen oneeHhat they are not authorize To dictate what alterations shall made in the Constitutions of t several States; to control the el tions of State legislators and Sti officers, members of Congress a electors of President and Vice-Prf dent, Ly arbitrarily declaring w shall vote and who shall be exclu d from that privilege; to dissolve St Legislatures or prevent them fr? assembling; to dismiss judges a other civil functionaries of the Stn Hud appoint others without regard State law; to organize and operate tho political machinery of the Stat to regulate the whole administr?t of their domestio and local affc according to the mere will of strai and irresponsible agents, sent ami them for that purpose-these powers not granted to the Fed< Government, or to any one of branches. Not being granted, violate onr trust by assuming then palpably as we would by acting in face of a positive interdict; for Constitution forbids us to do wi ever it does not affirmatively author? ize either by express words or by clear implication. Ii the authority we desire to use does not come to us through the Constitution, we can exercise it only by usurpation, and usurpation is the most dangerous of political crimes. By that crime, the tummies of free government in all ages have worked out their designs against publie liberty and private right. It leads directly and imme? diately to the establishment of abso? lute rule; for nndelegated power is always unlimited and unrestrained. The Acts of Con OTP RS in question are not only objectionable for their assumption of ungranted power, but many of their provisions are in con? flict with the direct prohibitions of the Constitution. The Constitution commands that a Republican form of government shall be guaranteed to all the States; that no person shall be deprived of life, bberty or property without due process of law, arrested without a judicial warrant, or punish? ed without a fair trial before an im? partial jury; that the privilege of habeas corpus shall not be denied in time of peace; and that no bill of at? tainder shall be passed, even against a single individual. Yet the system of measures established by these Acts of Congress does totally subvert and destroy the form, as well as the sub? stance of Republican government in the ten States to which they apply. It binds them hand and foot in abso? lute slavery, and subjects them to a straugo and hostile power, more un? limited and more likely to be abused than any other now known among civilized men. It tramples down all those rights in whioh the essence of liberty consists, and whioh a free Go? vernment is always most careful to protect. It denies tho habeas corpus and the trial by jury. Personal free? dom, property, and life, if assailed by the passion, the prejudice or the rapaoity of the ruler, have no securi? ty whatever. It hos the effect of a bill of attainder, or bill of pains and Eenalties, not upon a few individuals, ut upon whole masses, including the millious who inhabit the subject States, and even their unborn chil? dren. These wrongs, being expressly forbidden, cannot be constitutionally inflicted upon any portion of our people, no matter how they moy come within our jurisdiction, apel no mat? ter whether they live in States, Ter? ritories or Districts. I have no desire to save from the proper and just consequences of theil great crime those who engaged ir rebellion against the Government but as a mode of punishment, the measures under consideration are the most unreasonable that could bc invented. Many of those peoplo arc perfectly innocent; many kept theil fidelity to the Union untainted tc the last; many were incapable of an j legal offence; a large proportion evei of the persons able to bear arms were forced into rebellion agains their will; and of those who are guilty with their own consent, the degree of guilt are as various as the shade of their character aud temper. Bu these Acts of Congress confouni them all together in one commoi doom. Indiscriminate vengeanc upon classes, sects and parties, o upon whole communities, for offence committed by a portion of thee againts the governments to wine' they owed obedience, was commo: in the barbarous ages of the world But Christianity and civilizatio have made such progress that re course to a punishment so cruel an unjust would meet with the con demnation of all unprejudiced an right-minded men. The punitiv justice of this age, and especially e this country, tloes not consist i stripping whole States of their libel ties, and reduoing all their peopl without distinction, to tho conditio of slavery. It deals separately wit each individual, confines itself to th forms of law, and vindicates its ow purity by au impartial examinatie of every case before a compete) judicial tribunal. If this does nc satisfy all our desires with regard I Southern rebels, let us console on selves by reflecting that a free Coi stitution, triumphant in war ai unbroken iu peace, is worth far mo: to us and our children than thu grai flcatiou of any present feeling. I am aware it is assumed that tl system of government for the Soutl ern States is not to be perpetual, is true, this military government to bo only provisional, but it through this temporary evil that greater evil is to be made perpetui If the guarantees of the Constitu? ii can be broken provisionally to ser a temporary purpose, and in a pc only of the country, we can dostr them everywhere and for all tin Arbitrary measures often change, b they generally change for the wori It is the carse of despotism that it has no halting plnoe. The intermit? ted exercise of its power brings no sense of security to its subjects; for they can never know what more they will be called to endure when its red right hand is armed to plague them s gain. Nor is it possible lu conjec? ture how or where power, unre? strained by law, may seek ita next victims. The Stetes that are still free may be enslaved at any moment; for if the Constitution does not pro? tect all, it protects none. lt is manifestly and avowedly the object cf these wws to confer upon negroes the privilege of voting, and to disfranchise such a number of white citizens as will give the former a clear majority at all elections in the Southern States. This, to the minds of some persons, is so important that a violation of the Constitution is justifiable as a means of bringing it about. The morality is always false which excuses a wrong because- it proposes to accomplish a desirable end. We are not permitted to do evil that good may come. But in this case the end itself is evil, os well os the means. The subjugation of the States to negro domination would be worse than the military despotism under which they are now suffering. It was believed before-hand that the people would endure any amount of military oppression, for any length of time, rather than degrade themselves by subjection to the negro race. Therefore, they have been left with? out a choice. Negro suffrage was established by Act of Congress, and the military officers were commanded to superintend the process of cloth? ing the negro race with the political privileges torn from white men. The blacks in the South are enti? tled to be well and humanely go? verned, and to have the protection ol just laws for all their rights of per? son and property. If it were prac? ticable at this time to give them t government exclusively their own, under which they might manage their own affairs in their own way, il would become a grave question whe thor we ought to do so, or whethei oommon humanity would not requin us to save them from themselves But, under the circumstances, this ii only a speculative point. It is no proposed merely that they shal govern themselves, but that thej shall rule the white race, make anc administer State laws, elect Frcsi dents and members of Congress, anc shape to a greater or less extent th? future destiny of the whole country Would such a trust and power be sai in such hands? ?.CONTTNCED IN OCR NEXT. \ SPECIAL NOTICES^ IT is a matter of congratulation that w have at last had a reliable Tonic intrc duced in Panknin's Hepatic Bitters; mani factured at the 8outh by Dr. C. F. Panknii the well known Charleston Chemist; an which can bo used by all persons, regare less of age or sex, who require a toni medicine. Ask your family phyeician, an he will be sure to recommend them. Fe salo by all druggists. April 10 wly Dn. C. H. MIOT, Agent. NEW MARRIAGE GUIDE_Au Fi say for Young Men, on Physiological E: rors, Abuses and Diseases, incident I Youth and Early Manhood, which creal impediments to MARRIAGE, with am means of relief. Sent iu sealed letter ei velopes, free of charge. Address, Dr. . 8KILLIN HOUGHTON, Howard Assooii tion, Philadelphia, Pa. Sept 25 3mo Dr. Geo. Smith's Dental Laboratory THE subscriber offers indue MM monts-in the wsv of GOOD WOK .aJBIryAud LOW PRIC?S-to one and t requiring his professional services. Gi' bim a call. Perfect satisfaction gu?rante* or no chargo. Office on Camden Btrec nearly opposite tho Park._Nov 3 ly DENTISTRY. ^^^^ THE UNDERSIGNE fff^SSfjBmP having been tor nonie tit Jjr79? Wf?k associated with the lato I ^U?JULT D. P. Gregg in DENT^ SURGERY, purposes continuing the bu ness in tho Olhce recently occupied by t deceased. The patronage of my old friends, a: tho public generally, ?B respectfully solic ed. Gilles over T. W. Radcliffe's Jewel Store, Main street. D. L. BOOZER Oct 2f>_2rm Gunpowder ! Gunpowder ! ! WE havo been appointed agents for t salo of DUPONT'S CELEBRATI GUNPOWDER, and offor it at wholesale the following low rates: Rifle Powder, in 25-lb. kegs, best quah *7.25 per keg. , Riflo Powder, in 25-lb. kegs, second que ty, ?G.25 per keg. , Blasting Powder, in 25-lb. kegs, bi quality, fl. 75 por keg. In calamities of ten kegs or moro, it * be delivered at depot of either of tho roa at a reduction of 25 cents por keg. Wo will also furnish half and quar kegs, and cannister powder by the caso, proportionate prices. Terms CASU, in United States curren before delivery. J.AT.B. AGNEW s FISHER & LOWRANCE. COLUMBIA, S. C. SALT, SALT. LIVERPOOL SALT, at $2 50 per sack. Deo 1 FISHER k LOWRANCE. BACON. CLEAR SIDES, Clear Ribbed Sides, Back-Bone Sides, Shoulders, for salo low, by FISHER A LOWRANCE. Deo 1_ WOOD WAKE, WOOD WARE, BROOMS, TUB3, HEELERS, BUCKETS, Ac. Mats, Twine, Wrapping Paper, Matches, Ac., cheap, for cash, by Deol_FISHER & LOWRANCE. WANTED, WANTED. K?~\?~\ BUSHELS COW PEAS, OVJKJ FISHER & LOWRANCE".. Deo 1 CORN, CORN, OATS, FLOUR, for salo low for cash, by . Deo 1 FISHER & LOWRANCE. APPLES, APPLES, APPLES. AFRESH SUPPLY received by FISHER A LOWRANCE, at $1.50 per bushel. NOT 30_ IRON, IRON. ENGLISH and SWEEDES, as low as can be purchased in this market, by Nov 10 FISHER & LOWRANCE^ IRON TIES. THE beat kind. BEARD'S Solf-Adjust ing IRON TIE, low for cash. NovIO FISHER A LOWRANCE. HARDWARE. AFULL SUPPLY of EngUeh HARD? WARE, just received, and low, for cash, by FISHER A LOWRANCE. Nov 10 New Buckwheat. FOR SALE LOW. by Oct 12 FISHER A LOWRANCE. Oats, Oats. i~\f\f\ BUSHELS, for sale low, by AV)\J FLSIIER A LOWRANCE". Nov 13_ 15 Firkins North Carolina Butter, FRESH from the Mountains, for sale low, by FISHER A LOWRANCE. Oct 23 NEW THEORY OP HEALTH. The Life of all Flesh is Blood. The Health of all Life is Purity of Flesh. Without Purity of Blood no Flesh free from Disease. HSIHITSH'S A N Antidote to Disease. t ^.r.T.._ THE GREAT AMERICAN ALTERA? TIVE and BLOOD PURIFIER, is tho most porf?>ot vcgetablo compound ot alte? ratives and touics, making it the most effective, invigorating, rejuvenating and blood-cleansing cordial known to tho world" for tho cure of all thoso diseases which may be traced to a vitiated condition of tho hlood. The theory is that blood is the lifo of all flesh, and if impure, tho life of all disoaso. Lifo and bei.Uh is only to bo maintained by tho circulation of pure ar? terial blond. It is obvious, therefore, to? overy reflecting mind, that unless the blooil is pure, in supplying the waste tis? sues with material, it munt bc thc c?uuo of Innumerable ills and constitutional dis? orders, such as Scrofula, Rheumatism, Hepatic Disorders, Inflammations, Fevers, Liver Complaint, Consumption, King's Evil, Carbuncles, Roils, Itching Humor ot tho Skin, Erysipelas, Skin Diseases, Totter,. Roughness of tho Skin, Pimples, Blotches, Pains in tho Bones, old Ulcers, Syphilis and Syphilitic Hores, Indigestion, Inflam? mation of tho Bladder and Kidneys, Pains in the Back, General Dobility, and for alli complaints arising from deficiency and; poverty of blood. COPYRIGHT SECURED. Prepared only by E. H. HEINIT8H, Pharmacist. For sale by FI8HER & HEINITSH, I Nov 22 Druggists, Columbia, 8. C.