The sun. [volume] (Newberry, S.C.) 1937-1972, February 04, 1960, Image 2
By SPECTATOR
I h*vtf read with great intercut a recent book by Major
W> D* Workman, Jr., entitled “The Caee for the South.”
Thte book ia an outgrowth of the confusion caused by the
decision of the Supreme Court of the United States in the
school case arising from Clarendon County.
This study by Major Workman is based on all the histori
cal foundations cherished by the South and brings to us in
convenient form a complete presentation that would prove
enlightening to any one who has not been fully informed of
the historical basis for what is known as States Rights.
A fact of profound significance lies at the very root of
the problem which Is really American and National, rath
er than Southern and provincial: it is this: thirteen colonies
of the British Crown fought a long war for independence
and were recognised as States,
We Americans have become accustomed to the idea that
a State Is Just a glorified province and that the Nation, the
Federal Government, is the pre-eminent and supreme auth
ority,
A state, however, is a political, governmental unit, Sov
ereign, independent, self-governing, supreme. Great Hri-
tain Is, in that sense, a Statej so is France; so Is Russia,
Ganada, though self-governing, has not the full dignity of a
State,
The men who guided this group of thirteen States in the
formative period were legal scholars; they had precise know
ledge of International law and the implications of legal
phraseology; they understood the full meaning of the term
“State, 11
Here we come to much of the divergent thinking: the
Nation was founded by the thirteen States; the Congress,
the Presidency, the Supreme Court were created by the
thirteen States acting cooperatively for certain Interests
common to the thirteen.
The thirteen States, acting in cooperation, adopted a
Constitution which was a statement of the powers of the
General Government which the States had created. Those
thirteen States conferred on the General Government certain
• delegated powers, reserving all others to themselves. And
so jealous were those thirteen States of their own Sover
eignty that they made their bestowal of power and their
reservation of their sovereign powers very clear and defi
nite and definitive, by adopting amendments immediately
to assure a dear understanding of their retained powers,
So, the thirteen States conferred certain powers on the
General Government; the General Government did not con
fer any powers on the States.
So today in 1860 we find one group contending for the
retained powers of the States, They ,\re the States Right-
era, But this Union of States has since grown to be fifty,
with Alaska, Thirty seven of these States had no part in
the formation of the Union; they had no part in establish
ing the Congress or the Supreme Court. They were admit
ted to the Union by Act of Congress; they owe their exist
ence or status as States to the Authority of Congress,
To the thirty seven States they are the creatures created
by the National Government. Therefore we find one group
relying on the original grants from the original States and
another group having had no part in the establishment of
the Nation and its government of ailegated powers has no
memories of early patriotic seal and seems unimpressed by
the contentions of the descendents of the Founding Fathers
and the students of history who insist that our Federal
Government rests on the Constitution on which the National
Government rests. s
The student of history has always regarded the vast area
of our Nation as one peculiarly impelling us to local auth
ority, State autonomy, national limitations, as conceived by
those illustrious men who drafted the Constitution and the
first Ten Amendments.
Major Workman has set forth all the pertinent data for
the benefit of any who may seek to know all the relevant
historical bases of those who call themselves States Right-
ers.
Major Workman has produced a work resulting from un
wearied and assiduous investigation, with illuminating in
terpretations, the interpretations resting on decisions of the
Supreme Court itself.
Every Southern man should refresh his memory by read
ing this excellent array of fundamental facts; and our fel
low Americans of all the States will find this a valuable
eontribution to their knowledge of the!history of our coun
try. I am not discussing psychological and sociological as
pects.
Well, now, let your mind play on this: the National bud
get, even as is today, will cost this Nation eighty one billion
dollars in the next fiscal year; and likely eighty three or
four billion. But the food bill of our Nation is less than
the amount of the taxes—73 billion for food as compared
with about 79 billion for the Federal Government. Allowing
for $76 billion for food we shall still pay at least $5 billion
more to the Federal Government!
Now when you add the support of States, Counties, and
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THE NEWBERRY SUN, NEWBERRY, SOUTH CAROLINA
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municipalities our tax bill must
ing, more or leas. Stupendous, eh?
our food and cloth-
ji,
Now and then I like to fall into Spanish, The Spaniard
uses some words that appeal strongly to me. For example
our * word “Colossal” doesn't have the ring of the Spanish
when a Spaniard says with vim and vigor, “Col'osal”! An
other word which frequently conveys t a meaning to me when
I wish to explode is “espantoaa”! (wonderful, marvellous),
We luck the vigor of the Latin in his colorful speech. H4-
enn use his hands and his eyes and make his entire being
add to the fluency of his words, a masterful exponent of
what used to be called “bodily expression”, by the elocution
ists of undent vintage. N
I quote a short editorial from The Wail Street Journal.
The Journal, you know, is a sort of Business Man's Bible,
but at times it carries an editorial that breathes a broader
spirit than mere business.
This now!
“When Elisabeth the Great of England finally sent Mary
of Scotland to the block she withdrew from her court to
seclusion and grief. And whatever Mary's failings, shs be
came a folk heroine for England and also, in tims, for Am
erica.
Elisabeth and her subjects were heirs to tangled futds
that a century earlier had torn apart the nation, setting,
friend against friend and drenching the land in blood. But
through them the people had learned that the disgrace of
the feud was general and to be equally borne, while the in
dividual glory of the person who fought with conviction
and duty was to be equally shared, Hence the tradition that
elevated Mary of Scotland to the pantheon of heroes whtrt-
ever English is spoktn.
In America the British spy Andrt, hung by ths embattled
colonials, is remembered as a brave man, A Von Richtho
fen has a place near an Eddie Riokenbacker and the men
who fought with Patton can remember Rommel with res
pect and sometimes mors, Lss#and Lincoln are national
heroes, in the North, in the South and in the new states
that knew neither.
So now the old soldier is dtad and whsrsvsr thsrs is an
American flag it flew at half mast. No one really cares
whether he was a forager for a Confederate division in fact
or only in his o)d man's fancy, Ths flags art where they are
because we arc what we are. 1 '
Would you expect that? It refers to the old Confederate
soK er who died recently,
T> ' Editor is right; we are not lacking in appreciation of
Gene, ,! Grant's magnanimity, nor need we apologise for a
kindly word for Abraham Lincoln,
Mr. Lincoln had some great qualities and his death was
a blow to ths South.
Many stories help us to understand the humor which en
abled Mr, Lincoln to illumine a problem or refresh his spirit
I have enjoyed this:
Someone asked: “Mr. President, how many men art in
the Confederate Army?” Mr. Lincoln, with affected serious
ness said: “About two million, I suppose.” Two million 1 Why
do you say that? “Because we have two hundred thousand
and every time we are defeated I'm told that the Confederate
had ten to one.”
Another story about Mr. Lincoln proves the bigness of
the man, really a noble self-effacement.
Someone, must have been sort of officious troublemaker
said, with energy.”
“Secretary Stanton says you are the biggest fool he ever
saw,” Mr. Lincoln's Cabinet somewhat disparaged him and
fancied that they would save the Union in spite of that
gawky numbskull,
Mr. Lincoln pulled his little goatee and asked “Did Stan
ton say that?” “Yes, hs did”, said the meddler who hoped
Mr. Lincoln ^would explode and dismiss Secretary Stanton,
“Well,” said Mr. Lincoln, “it must bt so; Stanton is usually
right.”
Of course “Marse Robert” lives tnshrined in ths hearts of
our people; a noble figure, a great general, yet even great
er in the grandeur of his spirit. In my msihory I sse now his
offios, just as he lift it to go home, And the recumbeht
figure in the chapel still evokes reverence from all who en
ter. ■, . " . ' TV . / ^
SO THSN exva
TO NIKI/WMfNt*
'AS.
Hfcfjft'AHBKwfc ! ■■m&m
iM
AJOKtl
At a tintlt mtftl. * Hetfths
tfuckbiU plttypua can Savour BOG
tarthworma, a handful of gruba
and t doaan araySah, m a night'a
leading, a platypus may aat hall
Ita walght.
Tha Columbia River el Wash
ington State la second largest la
tha nation, aceottd only to tha
Mississippi. Thera are
longer rivers besides Old
but they leak the water volume
of the Columbia.
SPlk
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Auditor’s 1960 Tax Assessment Notice
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Return* of powon.l proparty, m) proparty, now build*
ing* and mi HUta tnnifan, and poll tax art to bt made
at tha County Auditor'* offie* beginning;
JANUARY 2ND, 1M0
THROUGH
FEBRUARY MTH, 1M0
All *bl**bod(«d mal* oitiiwn b*tw**n th« ago of tw«n*
ty-ono and aixty art liabl* to 11.00 poll tax,
AU return* are to b* made by Tax District*, Your fail
ure to make return oallt for a penalty aa prescribed by law.
RALPH B. BLACK.
Auditor N*wbarry County, S. Q.
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l am vary grateful for tha
many kind expression* of sym
pathy which have been extended
to me since the death of my wife.
They have meant ao much to me
and Jean’s family.
Federe' i’jRig JteyMme
UnMMtUMtiQMl
Although the Second Session of
the Bflth Congress has barely be
gun, the drive
for so-ealled
elvil right*
legislation has
already been
launehed. In
the House of
Representa
tives, a peti
tion is being
oirouiated,
without too
muoh success thus far, to dis
charge the Rules Committee from
further consideration of a four-
point bill.
In the Senate, efforts of ’’civil
rights advocates” center princi
pally around the recommendation
of Hie Civil Rights Commission
for appointment of Federal voting
registrars, Sinee this proposal
concerns voting only, it was re
ferred to the Senate Rules Com
mittee, on which there is only one
Southerner, rather than to the
Judiciary Committee, where
Southern Senators are more
numerous and from which no
such "civil rights” bill has been
reported favorably since Recon
struction.
Seldom, if ever, have legislative
propoeala been considered which
flaunted bo many constitutional
provisions as do the five voting
registrar bills. The passage of
any one of them by the Congress
would constitute the moat out
right defiance of the Constitution
since passage of the Reconstruc
tion Acta. At a recent press con
ference, President Eisenhower,
who is not even a lawyer, ex
pressed grave doubt as to the
constitutionality of these pro
posals.
These registrar bills provide
that when nine or more petitions
are received by the President,
stating that the petitioners have
been deprived of the right to vote
or register because of their race,
color, creed or national origin, the
President shall refer the petitions
to the Civil Rights Commission
for investigation. If the Commis
sion, after investigation, certifies
that the petitions are true, the >
President is required to appoint
from Federal employees living in
or near the election district, a
Federal vet
itrar to
►ting regiat
•ume registration datiea from
duly conetltuted State authorities.
In the ftrat place, tha qualifica
tion and rcgiitretion of voters ia
a matter within tha Jurisdiction of
tho States, being on* of the
S »wer« reserved to the States in
e Tenth Amendment to tho
Constitution. Tho registration of
voters, which ist nooessoriiy in
clude passing on qualifications,
goes far beyond the authority of
Congress to legislate oa to “tho
time, place and manner” of hold-
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Now You Can OniK
FOR ONLY
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ing elections.
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Itcondly, tho Federal registrar
proposals are in violation of tho
procedural duo process guarantees
of the Fifth Amendment to tho
Constitution in those particulars i
there U no provision for notice to
State officials, of the intent to de
prive them of their functions)
there is no provision for hear
ing! at which the defense of tho
State officials could be made) and
no rules of procedure by which
the Civil Rights Commission is to
proceed are prescribed.
In the third place, Article III,
Section 1 of the Constitution spe
cifies that the judicial power of
the United States shall be vested
in the Judicial Branch of the Na
tional Government The Federal
registrar bills would vest au
thority for judicial decisions as
to whether State officials had de
prived a citisen of his . right to
vote unlawfully ip the Civil
Rights Commission; an agency of
the Executive Branch.
Fourthly, Article II, Section I
of the Constitution provides “The
executive Power shall be vested in
a President of the United States.”
In violation of this provision, ths
Federal registrar bills would vest
executive power in an agency of
the Executive Branch, for when
the Civil Rights Commission cer
tified that nine eitisens had been
denied the right to register to
vote because of race, color, creed
or national origin, the President
would be required to act. He
would have no discretion. In
effect, the Civil Rights Commis
sion, an Executive agency, would
have executive authority superior
to the President.
These are but examples of the
many unconstitutional aspects of
these proposals. I am encouraged
by the very vulnerability of the
proposals to believe that they can
be defeated, although the struggle
will unquestionably be bitter.
Sincerely,
• M
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Brick veneered
(one paneled) -
■ Hardwood floors — Three bedrooms or two bedrooms and
Living-dining room combination!--
AlVrVt
— aHbehen^ii^Beramic tile
bath — Ducted gas heat — Gas hot water heater — Screened porch — Ample
closet space — Graded lot 80 feet wide and from 118 feet to 164 feet deep —
Paved streets — City lights, sewage and water.
iff
tie
All For Only
$1
% <-r iOrjOfeN
: \ K.
Local Financing Arranged With Convenient Monthly Terms
l
Houses Located On Clarkson Avenue In Coateswood Place
.Sr j
•■■* *J*- '■
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WE INVITE YOUR INSPECTION OF THESE HOMES!
' '
For Complete Details Contact
Citizens Home Ii
„Vv- • : i
1
College Street ^
Or After 5 P. M. Contact G. Wayne Martin, Residence
Phone
px- i
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