University of South Carolina Libraries
COLUMBIA, S. C. Thursday Morning, April 23, 1874. The Right to Republican Government. What course Congress may be likely to parsae in regard to the grievances of South Carolina is a matter of deep con? cern to her people, and of no inoonsido rable interest to tho whole oountry. It is a new state of things brought to its attention as existing here, and involves in its treatment the consideration of some grave questions. It is easy for the central power, when backed and im? pelled by an aggressive and dominant majority, to take doubtful steps, to tread close upon the liberties of tho people, and seriously to impair their gnarantees of good government. Of this class are snch measures aa somo of the reconstruction ActB, the creation of new judges to reverse a decision of the Supreme Gourt, and the interposition of Federal authority in the States to estab? lish and maintain a State government against the will of its people. Indul? gence in sin was perhaps an agreeable thing, as it was an easy one, bat being called upon to reform and repent, goes against tho grain. Tho abuses which bavo been practiced by tbe party in control of the General Government, and by its bastard representatives in some of the Southern States, which reproduce only its arrogance and corruption in ex? aggerated forms, are returning to plague the inventors. Committees of investi? gation into frauds and wrongs occupy a large part of the attention of Congress. Its time is much taken up with efforts to keep itself moderately clean. But a greater trouble than railroad frauds, or tho defalcations and swindling of em? ployees of tho Government, is brewing in the subjugated and outraged pro? vinces of thb South. The form of government guaranteed ? by 4he fundamental compact has itself Vv?cn lost in the clash of arms, and in spoliation aud revelry on tbe fields of strife. Thus a grave question is pre? sented to Congress and to the American people. Instinctively Congress will try to dodge it. It calls for action in a direction to which it is naturally averse. But this is a ghost which will not "down" at the bidding of party. It will refase to be laid till injustice has been removed. It is doubtful whether those who have perpetrated or allowed, in tbe zenith of their power, snch terri? ble wrongs against liberty and the rights of the people, such departures from the normal principle of oonstitutional go? vernment, can or will oorreot the evils now patent to the view of all. Their strength appears to have been expended. They look aghast at the work they have done. For the new nod better work to which they aro summoned, they have not heart, conrage or conviction. The question is not one really of original interference in the affairs of States, as pretended by those who oppose it. It is of the correction of abuses for which tbe interposition of the Government is mainly responsible It concerns tho undoing of u wrong. It cannot be got out of the way. It may be dodged now, but it will rotnrn for solution. And if the men now in charge of the Government prove thom selves not equal to the tusk, from a luck of force and will, it will remain to be taken up by their successors. The great statesmen who laid the foundations of tho Government, and those who knew best the inner meeting of its constitu? tion, in their comments upon its powers, seem to have had some foreoast of the present exigency, which is to try them. These we find well grouped together iu a letter to tho Washington Chronicle, by Col. Bicbard Lathers, of Charleston, accompanied by a forcible statement from himself of tho gronnds upon which Congress may interfere, tbe modo of doing it, tho advantages which would result, aud tho consequences which must ensue and sproud from failure to do it. We commend tbe views to our readers j us eminontly worthy of thought. "Wo have," says Col. Lathers, "a con? stitutional right to a republican form of govornmout, and now it is admittod by every olaas und overy party throughout our common land that tbo rights of pro? perty are entirely ignored, and that there is no maohinory within tho State poworful enough to resist the fruuds und corruptions whioh impoverish aud hu? miliate us. It would, therefore, bo abBurd to say that we enjoy that?thut form of a republican government con? templated by the Federal Constitution. Julius Cwsar overthrow the liberties of the pooplo of Borne in auoiont times, aud Louis Napoleon suppressed those of Franco In modern times, while conform? ing, in the most expiioit manner, to the forms of the republic; but no publicists, economists, jurists, or historians have ever classified these nations as republics, after the overthrow of the rights of those people, because the forms wore maintained. "Wo are guaranteed by the fourth artiolo of our national- Constitution a republican form of government, This means the snbstance, not the form only. The form muBt be tho emanation from the substance, us the shadow follows the bod;. The earnest and astute body of atatosmen who created a republican foitn of goyerment, and who designed that glorious instrument for the security of themselves and their posterity, disre? garded forms when they counneled n separation from the mother country, ou tho ground that to freemen taxation without representation was a form with? out substance, howover much doctrin? aires of that ago might show the boauty of the British Constitution. And when we contemplate that luxation without representation was the solo cause of our separation from tho crown of Oreat Bri? tain, are wo not irresistibly brought to the oonclasiou that that right of repre? sentation, us a couditiou precedent to taxation, was the very cornor-Btone of that republican edifice guaranteed to each State of the new confederate nation which Wushington, JtiTorsora, Adams and Rutledge intended to secure to us? "Supposo every Stuto iu the Union had such a form aud practice of govern? ment us now exists in South Carolina, and tho same principle of action should exteud itself (as it surely would) to tho Federal Government, how long would the Constitution continue to guarantee a republican form to itself? But we have the testimouy of the wise fruruers and commentators ou the Constitution itself on this subject. Mr. Hamilton, in his No. 51 of the Federalist, while de? fending the Constitution, to insure Pa adoption by the Stutea, writes as fol? lows: " 'It is of great importance iu a repub? lic not only to guard society aguiast the oppression of rulers, but to guard one part of society against the injuetico of tho other part. Justice is tho end of government; it is the end of civil so? ciety; it ever has been and ever will be pursued until it be obtained, or until liberty be lost iu the pursuit. In u society under tho forms of which the stronger factions can readily unite und oppose the weaker, anarchy may as truly be said to reign ns in a state of uuture when the weaker individual is uot se? cured against the violeuce of tbu strong.' "Is not this the acknowledged condi? tion of South Carolina by tho evidence adduced from leading and official meu 1 who direct its affairs at present? "Jefferson, iu a letter to Madison, soys: 'The exeoutive power iu our Go? vernment is not the only, perhaps not even the principal, object of my solici? tude. The tyranny of the legislature is really tho danger most to be fourod.' , Mr. Madison, after discussing the dan? gers to tftte equality of iuterests and tho pnblio weal arising from tho predomi unnce of powerful factions, who becomu ; masters of the situatiou, remark.-?: " 'But the most common aud durable , sourco of faction has been the various and unequal distribution of property-, those who hold and those who are with- 1 out property. * * * The apportion? ment of taxes on tho various descrip? tions of propertj- is au net which seems to require the most exact impartiality, 1 yet there is perhaps no legislative uct iu which greater opportuuity and tempta? tion are given to a predomiuaut party to ( trample ou the rules of justice. Every shilling with which thoy over-burden tho inferior number is a shilling saved to their pockets. * * * To secure tho public good and private rights against tbo danger of suoh u faction, aud at the same timo preserve the spirit und form of popular goveiumeut, is then tho great object to which cur inquiries are directed. Let me add that it is the great desideratum by which alouo tbi* form of government can bo rescued from the opprobrium uuder which it has so long labored.' Ilort*, again, you per? ceive how pointedly his arguments tend to Bhow tho necessity of tho Federal guaruuteo to ouch State. "Hamilton, on tho same subject, says: 'Without a guarantee, the assistance to be derived from tbo Union iu repelling those domestio dangers which may sometimes threaten the existence of the State coustitutions, must be renounced. Usurpation may rear its crest, in each State, and trample upou tho liberties of the people, whilo the National Govern meat could legally do nothing moro than behold its encrouchmouts with indigna? tion aud reget.' "Calhouu, too, the most advanced ad? vocate of constitutional State rights, in his letter to Mr. William Smith on tho lihodu Island controversy, IS!;), held that the guarantee cluuso under diicus siou was intended to be more a correc tiouury measure ugaiust tho usurpation lor misrule of Statu governments than I f :>r protection agaiust domestic violence. Iu discussing the fourth article of tho j Constitution, ho writes us follows to Mr. | I Siairaous, of Ehude Island : 'I como now to the guarantee of u republican form cf government to every State iu tho Union. I hold that, accord? ing to its true coustructiun, its object is the reverse of that of protection against domestio violence; and that instead of being intended to protect tbo govern? ments of tbo States, it is intended to protect each Siatu (I use the term as de? fined, viz: that the State meuus tho peo? ple) against its government, or, moro strictly, agaiust the ambition or usurpa? tion of its rulers. That the objecto of! the Constitution to which the guarantees 1 refer?autl liberty moro especially?may bo eudangercd or destroyed by rulers, will not bo deuied. But, if admitted, it follows, au a oonsequeuoo, that it must be embraced iu tho guarantees, if not in? consistent with the language of the suc? tion.' "In conclusion, I would remark thut, apart from the remedy under the fourth article of the Constitution, Congress can oertainly correct evils arising from its own legislation. The propositiou can hardly bo controverted that tho power to make a law can oertainly modify or abolish it; and while it is conceded that tho reconstruction measures of Congress wero only iuteudod to protect the freed men's rights, yet tho most earnest ini their cause now admit that the rights of white men and their estates have been too muoh sacrificed in the theory, and that practically both the interests of the white and eolored citizens hare been mado victims of the rapacity of corrupt adventurers. The remedy is fully within tho power of Cougreas, without exercis? ing extremo or revolutionary measures. Au amendment of the State Constitution to protect minorities and restrict the power of majorities by tho application of tbe cumulative systom of voting, so eaccessfully iu force in Euglaud and iu some of our own States, will go far to protect tbe rights of property aud per? sons against fraud and misrule, tind yet preservo manhood or individual suffrage j to every class of citizens; or, an amend- { meut by which members of the Senate | of the Stato should bo elected by tax- j payers only, would protect the people; against extravagant appropriations or; tho fraudulent application of the public money, und conserve the public iulerctt ' generally, especially if sustained by nu effective registry law aud other mea? sures for tho protection of the purity of the ballot-box, now utterly degraded to serve the purposes of those iu power. The citizen owes allegiance- to the Go- j verunreut; tho Government owes pro- i lection to the people. Any form ur | practice which fails in these mutual con? ditions cannot bo considered us u go? vernment of tbe people, and, therefore, not a republican - form of govern meut. Do you suppose that the while people of tho United States intended to fix a perpetual Government of fraud on their race as a condition of safety to colored freemen?" Danger! Dangei! The Union profus los eouoeru about tho prosperity of "our" State. It pre teuds to dread the disastrous effect of the representations of the tax-payers. Immigration aud capital, it says, will be turned away from a State where, it is published to tho world, "a perpetual carnival of crime aud public plunder, which practically confiscates the wealth of tho people to tho greed of Republi? can officials," exists. It is not the crimes and corruption, tho profligacy, falsehood and imbecility for good, which universally reign, that will depress the hopes of mou and repel their enterprise from our borders. Oh, no! Tt is not tbe fact, but its publication, which will do barm. Having barked at the immi? grants till it became hoarse, tbe Union now switches its tail, aud grins its re? grets that thi. gs are pictured so badly, that they can't come nuy longer. It spares Judge Mac'tey, however, who is equally culpable with tho tax payers' committee in discouraging immigration, repelling capital, .to., (that is, accord? ing to tho reasouing of the Union,) iu suyiug that "robbery and plunder is tho rule iu every department of tho State, without exception," aud that "official corruption stalks throughout tbe coun? try-" -* *- ?-. Uii the llttck Track. Elliott, who mnde the welkin ring with his outcries and denunciations of corruption and profligacy ;u this State, now meekly says iu Boston that tho re? port of tbe delegation from tbe Tax Payers' Convention of tho deplorable state of things, was greatly exaggerated. Siuco his reform speeches, the joint re? solution has been stolen; Smith, Hum? bert and perhaps other County Treasu? rers, defaulters, have been exposed, und tho fact mado public that tweuty-oue of these worthies are iu the sumo category of crime. Things have so improved that Elliott cau afford to retract. Hus? ton will believe anything that tho eulo? gist of Sumucr will assert, just us the erudite President Grant considered the answer of that other sot of reformers, the Whittemore delegation, conclusive. Radical reform has alreudy busted. To Tiii-I'ay?r<. Tho Comptroller-General has issued a circular to Auditors, instructing them ouch to examine tho County Treasurer's duplicato by tho 30th instaut, and re? ceive from him tho delinquent list, on which is to bo certified tho name of tax payers against whom assessments, tux or penalty for 1873 for real estate shall appear. This list must be pub? lished (weekly) two weeks, between May 1 and Iii. Tho day of salo will bo Monday, May 18, 1871, and will be con? tinued from day to day till the Friday following May 18, until each tract, parcel or iot is sold, or offered ior sale. If any lands are offered for salo and not sold, they becomo forfeited to tbe State. Prof. J. L. Smith, of Louisville, claims precedence to Sir Henry Thomp? son iu tho udvocary of cremation, which ho urgod upon the people of New Or? leans twenty years ago, describing a neat aud appropriate furnace for tbe purpose. Query.?Ia tbe United States Senate, last Friday, Senator Tipton ffliid it was a serious question whether iu saving the Union we had not lost the States. John Chinaman Becomes a "Mellicy Men."?A despatch from Detroit, Michi? gan, says Wang Chit Foo was admitted to citizenship in the Circuit Court at Grand Rapids. He claims to bo tho first of his race that has renounced al? legiance to the Chinese Empire. The Test of Greatness ?Distance eacbnuls and disenchants. Where are those heroes of the play-ground, thoeo geniuses of the school-room, whom we knew in our yooth? Are they not now, for the most pait, private soldiers In "the world's great field of battle," whilst others, in whom no germs of power wero suspected to exist, have proven onr proueness to overlook as well as to overrate? It hucms that no present knows itself or thoroughly understands its own. There are charac? ters whose grandeur and hvmrnefry of proportion do uot rise into full view at less than a century's distance; und there aro pigmy creatures, who, clothed iu magnifying mists of adventitious cir? cumstance, excite for uwhilo tho world's awe in beings of gigantic mould. Dr. Johnsou thought bo could discover a tuau'b iutollectuitl calibre by ten mi? nutes' casual conversation; but it is doubtful whether he succeeded in form? ing a perfectly just estimate of bis own intimate acquaintances. How are we to lind out our Sbuk.spearea und Homers before they die? What is the teBt of greatness? Human nature, like the earth, is built up in strata. It has its superficial crust, its sub-strata und its deep primordial foundations. As we penetrate below Ihe surface, we ap? proach constantly older and more en? during formations. We find above all the mutable lamina of fashion. There are those whoso supreme eudenvor it is to muiutnin an existence a la mode; there is a world tho subject-matter of whose highest law is only tints und tones und postures. In the realm of fashion, what? ever is is right, for a little while, und then it lurjses into error. Tboro are lite? rary uud artistic mo'li^l-.s?ephemeral people, who illustrate this or tbut parti? cular fashion, uud puts uwuy with it. The love-songs our grnud-mothers sung iro uot tbe delight of lovers now; every year, a now rnulody is popular on the streets. There is tbe young lady of tho period ind her companion picture, the young man of the period, uud their loves and sorrows create a demand, which is sup? plied by tbe production of the novelist ind tho poet of tho period. They all pass away together. Now nud then, u leepor chord of harmony is sounded, lud a song is born with a longer tenure af life; now and theu, some seer's eye ?>enetrates the costumes and manners of lociety, und gets u view of tbe naked jeart of muu, aud a book is written ivhich becomes staudurd. Below this fashion stratum is one jroader aud marked with more lasting raits. Thero are entire centuries dirougb which prevail n peculiar cast of .bought and modo of life. In one age ?vo fiud tbe feudal baron, a lonely and ordly personage, violent, brave and bo lorublo as honor went. In unotber age .be baron dofts bis buttle harness and joes to see his king attired in silks und aces, u garb more suited to the stately mil refined ceromonies of palatial eti )uotto. But each period has its und, ind its characteristics disappear with apse of time. Yet deeper and more mdaring is tbo national stratum. Through all tho mutations ef fashion ind the passugeof ages, tho Englishman ?einains an Euglishmuu still. Every latiou bus its own recoguizod type. We ill know tho haughty and chivalric Hi lalgo, tho phlegmatic and persistent Dutchman, tho German, profoundly speculative und sentimental; the French nun, theatrical and tickle, but brilliant ind bravo, the beau of tbe ball room ind the hero of tbo barricade. Passing from fashions to eras of his ;ory, aud thenco to tbo whole term of a .alum's existence, and finding in euch ;harncteristies of growing importance, lvo reach at last the broad, common level of human nature, and find traits ?.bat belong not alone to any fus-bion. igo or nation, traits tbut urc universal ind unchanging. Now, then, bo is the greatest man whose work illustrates tho deepest uud broadest formation. Tbe painter or tho novelist who depicts the national character is n greater man than he whose description is upplicublo to only mo age; but ho is greater still whoso Iramntis persontr are not only French or German, but simply human. As iu art ?ud literature, so in action?tho patriot is greater than tbo mere egotist; but tho philanthropist is greater than the pa? triot. Tho world was not mado for Cmsnr, or Rome?it was made for man. That statesman's work will endure whoso policy has not been decided by merely local nud temporary considerations, but who has kept in view tbo good of all men for all time. Hotel Arrivals, April 22, 1871.? Columbia Holst-- C A Spuissigger, S C Gilbert, Charleston; J M Seigler, OJtC RR; A Tufts and wife, Boston; Ismo Holmes, N Y; A E Mussmun, Pa; C C Trumbo, N Y: W J Spriuklo, N C; A H Wuring, S C;G F Wiueberger, Ga; A J Frederick, 8C;E1I Peckham and wife, Conn; Mrs Fry, Michigan; C P Gard? ner, G W Thames, N C; J B Moore, Stutesburg; a L Lems, Omaha; J W flrecu, J P Lockurne, I C Schultz, J H Harper, Miss A O Vance, W C Jones, A Thurloo, N C; C K Cutoboon, Va. Hendrix House?Mrs W Prounco, Miss Minnie Prounco. D Prouuoe, Fairfield; S B Lnmpkins, Yorkville; Z W Beden bangh aud bride, Prospority; J Under? bill, Now Orleans; W E Aikon, Wiuns? horn; Miss G Ervin, Miss M Ervin, Darlington; Miss A Hull, city; J L Mack, S O. Wheeler House?W H Smith, Misses Smith, W F Muuson, J W Wood, H O Howell nud wife, N Y; J Stone and wife, Northampton; T J Jacobs, wife and child, W E Bonna, Pa; J Tracoy, Jr, N Y; U D Weed, Conn; W H Boyce, Kentucky; T K Stuart, Md; S Watson, Edge?old; B P Bryan, Wilmington; T B. Johnson, Suinter; W Kounedy, city; C F Woruberger, Ga. I Citt Hatters.?Subscribe for the I Phcenix. Gash will he tir: rule at the Phcenix offioe hereafter. Mr. btanhope, of the Great Soatbera Circus, is in the city. They will exhibit in this city on the 8th of next month. Yesterday was us chilly, ugly and disagreebie u day as could be desired. Rose and Harry Vrntkins are perform? ing at the Academy of Music, in Cbarlec ton. Col. Heury D. Capers, of Georgia, the author of the Georgia resolutions, sympathizing with the memorial of the Tax-Payers' Convention, is registered at the Wheeler House. We welcome him hack to his native place and his boy hood'd home. Tbo Cougureo is still rising, owing to coutinued rains. There if, however, no danger of damage being done, as all buildings in the n< ighborheod are too highly situated to bo reached by water from that source. Tbo Phoenix job office is complete in every respect, und cardH, posters, pro ' grammes, bill-heads, etc., are turned j out with alacrity. The joint special committee appointed at tbo last session of the Legislature to iuvestigato the matter of the hypothe? cated bonds met at the State House, on Monday, Senators Dunn and Cain and Representative Simkins being present. The committee ugreed upon the plan of investigation they would pursue, and ordered a number of witnesses to be ! summoned. The popularity of Dr. Heiuitsh'scele? brated blood and liver pills may be fair? ly estimated by tbo daily demand he has for them. Fifty pounds of pills, 2,600 pills in a pound; get out yonr elate, boya, und when done, call on Dr. Hei nit-h for a dose to cure your headache. The following petitioners were finally discharged in bankruptcy by the United States Court, in Charleston, on Tuesday: G. A. Terry, R. E. Coviogtoo, of Green? ville; W. J. Glenn, of Union; Wna. K. Sweal, D. B. McLaurio, of Sumter. Two boxes of shoes were recently found iu the woods near Wilmington, one of which was marked W. M. Nelson, Winusboro, S. C, and the other Ruff & Cloud, Ridgeway, S. C. The goods are now in Mr. Parseley's care, at Hilton Mills, near Wilmington, where they may be identified. The Octoroon.?The sensational and I sentimental drama of "The Octoroon," was very well presented, last evening, in Parker's Hall, by the Columbia Dra? matic Company. The musio was good, character* generally well sustained, and those of Old Pete, Jacob McClosky, j Wabuotoe, Scudder and the Ootoroon showed both good conception and very considerable power of delineation. The scenery may bo characterized aa a sac cess throughout. It reflects high credit upon the skill and industry of the artist. With practice and encouragement, this company, with the advantages of a fine hall and beautiful scenery, may rise to j still higher triumphs. They perform again this evening, when we trast they will have a bettor house than the incle j ment weather permitted last evening. List op New Advertisements. E. H. Craige?Agents Wanted. Meeting Acacia Lodge. ! Supreme Court?Wednesday, April ! 22.?The Court met at 10 A. M. Pre | sent?Chief Justice Moses and Aseociate Justices Wright and Willard. Mr. C. D. Melton resumed and con? cluded his argument for defendants in oases of the State ex rel. Citizens' Sav? ings Bank and others vs. the city of Columbia el al. The cases of George M. Thew, cashier, respondent, vs. Southern Porcelain Ma? nufacturing Company, and same, appel? lant, TS? same, respondent, were heard together. Messrs. Aldrich and Bonham for plaintiff; Messrs. Carroll and Bacon for defendant. S. S. Richardson vs. T. H. Chappell el al., from Seventh Circuit, was ordered to be re-argued upon nnrtotn questions. At o* 1\ M., the Court adjourned until Thursday, 23ti, at 10 A. M. Columbia Memorial Association.? Tbo annual meeting of the Columbia Memorial Association will bo held at the residence of Dr. Darby, on Plain street, this afternoon, 5 o'olook. Arrangements will bo made for ceremonies of memorial day. All ladies desiring to take part in the memorial celebration are requested to be present at the meeting, as all com rnttees will be appointed. Members of the association will please come prepared to pay the annual subscription of fifty cents. Mail Arrangements.?TheNortbein mail opens 6.30 A. M., 3 P. M.; dose's 11 A. M., 0 P. M. Charleston opens 8 A. M., 5.30 P. M.; closes8 A. M., 6 P. M. Western opens G A. M., 12.30 P. M.; olosos 6, 1.30 P. M. Greenville opens 6.45 P. M.; closes 6 A. M. Wilmington opens 4 V. M.; clcaes 10.30 A. M. On Sunday open from 2.30 to 3.30 P. M,