Newspaper Page Text
%
4
O&lya:) .
'BJMWMSiiI
... OF" —A- .THE.
__ . •
■>' i •■'*
REV. A, J. RYAN, Editor
AUGI ST A. Ga , MARCH G, 18G9.
■*• ■ wwrm ••»■*» »wmm.-v.'«rwf». vjiawnrii
ALL SUBSCRIPTIONS AND
15 IAIN ESS L ETTE liS FO R TIIE “B A N
NER OF THE SOUTH” SHOULD BE
ADDRESSED TO THE PUBLISHERS -
L. T. BLOME & CO.
RED X fVIARkr
The red X mark is not a Ku-Kluxism,
but a sign that your subscription expires
wi'li No 52, Vol. 1. Please send your
n .( '.V i! at once b\ Express or Postoffice
M r y Order. Our subscribers are
ea ee.-aly requested to attend to this little
in Alter immediately.
ONE REDEEMING ACT.
\\ c have thought some very hard things
and have said some very hard things
about the Congress of the United States;
and the fact is we did really believe that
nothing good could come of it; but really*
as hones! historians of the times and candid
critics of public men’s actions, we are
compelled to admit that that august body
has really done one good thing. It
has given the “re-Reconstruction of
Georgia” the go-by. It has snubbed the
Radical advocates of that Radical mea
sure, and sent, them snivelling back to
their kennels of degradation. Oh!
the hapless fellows! the unfortunate
traitors! the disappointed knaves! They
danced attendance upon the Radical
Congrcs ; and, by false assertions, and
wicked protestations, sought to put
the State back under the yoke of military
bondage that they might keep within
their grasp the p ttronage and spoils of
office. Alas I for all their hopes and
plans! Congress has had the courage,
and the manliness, and the justice, to do
one good act, and disappoint them. Well,
that body deserves credit for it; and we
really feel a great deal of charity towards
it in consequence; in fact, we feel as
though we should put on gloves when vve
have to hit it any blows hereafter, that we
may not strike it so hard in the future
as we have done, or desired, to do in the
past.
Surely, those who have taken part in
this wicked but futile attempt to place the
State of Georgia agaiu under military
rule, must feel some shame at their
graceless conduct; but, whether they do
or not, it is a consolation to know that
they have been defeated, and a glorious
thing to hope that their defeat is final ami
complete.
THE AMENDING POWER-
It seems to be almost universally be
lieved that in Congress alone resides the
power of proposing amendments to the
Constitution of the United States. Such
is not the case. Two-thirds of the States
have concurrent power with Congress in
this matter, and, to show by what pro
cedure, we quote from the provisions of
the Constitutisn in relation to the amend
ing power:
‘'Art. V. The Congress, whenever
two-thirds of both houses shall deCm it
necessary, shall propose amendments to
this Constitution ; or, on the application
of the Leu '.datures < f two-thirds of the
neveral tiiar.cn, nhall calf a Convention
for proposing Amendment >*, which, in
either easo, shall bo Valid to all Intents
and Purposes, os parts of this Constitu-
Uuu, when Ratified by the Legislatures of
three-lbuiths of the several S ates, or by
C'l • '
inventions in three-tourtlis thereof as
the one or the other Mode of Ratification
nia'V be proposed by,the Congress.”
No\v it will here be seen that while the
mode of ratification of any proposed amend
merit is always the same, yet there is a
very important difference in the meihod
01" proposing amendments, and that mode
marked out by ihe italicized words in the
above extract seems to us to meet the
exact exigency of the present day. It
is not that the State Legislatmes wilt
not ratify such amendments to the Con
stitution as would restore the imperilled
balance of power in the government and
restrain Congress from the further exer
rise of usurped and doubtful powers, but
that the Congress will not propose such
amendments but tho>e only that have a
tendency to still further wreck the de
sign and impair the efficiency of the Con
stitution.
Moreover, it is generally thought and
asserted that, even if s >me revulsion of
popular sentiment North would procure
the election of a reasonable and fair minded
House of Representatives, the Senate is
hopelessly Radical and will so remain for
six years, the Senatorial term of service
to come. There is undoubted truth in
this declaration that the Senate stops the
way, but it only stops the Congressional
way. It can prevent the submission o l
any beneficially restrictive amendment by
Congress, but it cannot prevent the pro
posing of such amendment or amend
merits by a Convention of the States.
All that Congress can do when the Leg
islature of two-thirds <4’ the States make
application for such a convention is to call
i, for the language is mandatory “shall
call” and the only discretion it has is to
say which of the two modes of ratifica
tion, by Legislature or Convention, it
pre'ers.
Whether two-thirds of the States
could be induced to make this applica
tion is a practical question into which
we will not now enter further than to say
that, as State elections are mostly bi-en
nial, there are three chances for such a
concui rence during the six years of the
present Senate, but we present the Con
stitutional power as most undoubted and
as offering sufficient incentive to the
efforts necessary to its exercise. Liberty
must not be given up, and the only way
to preserve it is to have the States to
meet in council to confer one with an
other, to confirm what in the Constitu
tion is now doubt UP, to exclude what is
inofficious, to restrict what is excessive,
and, in the spirit in winch it was first
made, to re-ereefc the Republic on the
basis of a common consent Our con
temporaries, it is hoped, may deem these
views worthy of their consideration and
with this we for the present leave them
[For the banner of the South.]
THE STATE.
BY TYRONE POWERS.
It is not a little surprising that the use
of one capital Utter should have led to
one of the bloodiest wars of moderen
times. If the name of this republic had
been written united States, the Northern
mind would have received the correct
impression that this was a government
of uivers Sovereign States united for
certain common purposes under a com
mond bond; but uuioriunately, it so hap
pened that it was written United States,
and the popular sentiment lumped the
two tei ms, the noun denoting the thing
and the adjective qualifying the noun,
into one common form of speech as de
noting an indivisibe entirety. Hence
it is that we meet the word “nation” so
frequently now-a-days, a word which
utterly obscures the true nature and
or ginal of this government and m< ans
the exact opp< site of a republic. Nations
are loiabiies ; they have no sovereign
divisions ; if they are cut up into com
poueut parts at a l those parts are but
mere provinces, and accordingly as soon
as toe idea that this was a nation was
fix< and in the heads of the Northern peo
ple it was easy to persuade them that the
secess on of the South was an attempt of
a part against the whole and uot the
recession or certain members of a part
nership fri m further business connection
with certain other members. Hence was
the crusade of the North against the
South made possible, aud theiefore is it
said that the used one capital letter ltd
to the bloodiest war of m dern times
Had it been Tieuu t« and States, men
won>d have s< en that Iho Siates weie
the main thing and the united but a
term descriptive ol a relation, whereas
iu The Ulined States the trutn was lost ;
sophistry was affinded lull scope; and
argued us into blood.
Rut, Siates being the main thing, let
us cousnler what is this puhtical oigau
is,n, J he :*tatk, when it was born aud
what are its p »weis.
On the senleuieut of this country what
are now known as the original Slates
wi re mere c Jollies, subject to the Brit
ish crown under one of three forms ol
MBS SB OT 381 ©eras.
government; the charter , which allowed
considerable latitude, prevalent in Massa
chusetts, Rhode Island, and Connecti
cut; the royal, or provincial, prevalent
in New Hampshire, New York, New
Jersey, Virginia. North Carolina, South
Carolina and Georgia,’where a Governor
and Council, app anted by the K ing,
governed in eci.junction with an assem
bly chosen by the col »nies; and the
proprietary gov raments, extending over
Pennsylvania, Delaware, and Maryland,
where private persons, thereunto author
ized bv the crown, held sway. These
governments continued in substance and
the colonies remained called and calling
themselves colonies till the Fourth of
July, 17TU, when, having met iuo -nvoli
tion, they declared, through Hieir dele
gates, that “these united colonie* are,
and of right ought to be, free and inde
pendent State*.” H re, then, on the
4th Julv, 177(3, Tj States were born;
here did the grub, colony, shed its
chrysalis and come forth resplendent as
The State. Having thus declared them
selves States, the next thing was to pro
vide “for the «ii,*port of this declara
tion,” and to this mid th y united. The
union was not to bom- ,1c our consolidated
body but “for the support of this declara
tion, ” and this dec!.c ation was that the
late colonies •’are, and of right ought to
be, free and independent states * * *
and that as free and independent
States, they have fa” power to levy war,
Conclude peace, c oier-o- 4 alliances, estab
lish commerce, an ito -: i! other acts
and things which INDEPENDENT
STATES may of right do.” The tran
script here is literal and from the extreme
prominence given the declaration that
the States were independent, it can be
seen that they came into being as pure
and absolute sovereignties.
Rut, the States being thus born, let
us trace their history farther. Up to
the Bth day of July 1778, a period of
two Real's, they remained in a state of
absolute independence, but on that day
formed a confederacy under the Articles
of Confederation which declare, in the
first article ihereof, tiiat “The style of
this confederacy shall be ‘The United
States of America.’” Hero we see that
the idea of the Southern Confederacy
was uot anew thing, but that, prior to
the very existence ol the present govern
ment, there was another Confederacy.
But to pass this by, lest any should mis
interpret this phraseology, “The United
States,” and say it meant a solidarity or
nation, great care was taken to say that
the articles were articles between the
States of New’ Hampshire, Massachusetts
Ac., &e., mentioning them each by name,
and then, not satisfied even with this, au
express article was put in thus :
* Each State retains its sovereignty,
freedom, and independence, and every
power, jurisdiction, and right, which is
not by tnis confederation expressly dele
gated to the United States, in Congress
assembled.” (Aar II.)
So far then, it would seem that none
but a madman could deny that the States
were severally Independent and Sover
eign and united togcthei not as a nation
but as a confederation of autonomic re
publics. With this organization they
fought through the war and emerged at
length triumphant in the purple light of
victory. Five years after the war,
King George having recognized the
Stairs severally by name as independent
tuey met to revise their bond of union
and by convention on the 17th Septem
ber, 1787, agreed upon the present Con
•tituiion. As the Articles of Confedera
tion had been declared “between” the
several States, mentioning them by name,
so it was provided in the Constitution
that “Tue ratification of the Conventions
of nine States shall be sufficient for the
establishment of this constitution be
tween ihe States so ratifying the same.”
The dates of the several ratifications
are as follows :
1. Delaware December 7, 1787.
2. T'knnsy lvanxa December 12, 1787.
3. New Jersey December 18, 3.787,
4. Georgia January 2, 1788.
6. Connecticut January 9, 1788.
6. Massachusetts February C>, 1783.
7. Maryland April 28, 1788.
8. South Carolina May 23, 1788.
9. New Hampshire June 21, 1788.
10. Virginia Juu« 20, 1788.
11. New York July 20, 1788.
12. North Carolina November 21, 1783.
13. Rhode Island May 29, 1790.
Here it will be seen, and, in view of
the senseless prating about States being
out of the Union, the reminiscence is
interesting, that Georgia was in the
Union bcio.e Uonucc icut, or Massachu
setts ; South Carolina before N» w
Hampshire ; Virginia belore New York;
and North Carolina before Rhode Island
Verily, the )ouuger sisters do rice up and
smite the elder boiu !
The Constitution having been adopted,
going into operation as will be seen on
tbe 21st of June, 1788, that being the
date of the ratification ol New Hamp
shire the ninth State, it becomes of
moment to peiceive wuetlier under the
| new form til governin'nr the States are
still recognized as distinct en ities or as
but almost undistingoishabic parts ol an |
indivisible and general whole. The fii>t
point of view is that of the very wind
ing ot the instrument itself. In no case
are the United States recognized, '*r
spoken of, as a notion but always in the
plural as a composite republie 1 bus
wo find ( Art., i, Sec ix, par. 8,) “No title
of nobility shall be grunted by the
United States; and go person holding
any office of profit or trust under them”
shall accept foreign rank, gratuity, &c.;
and (Art ii, See. i, par. ,) “The
President shall, at stated times, receive
for his services a compensation which
shall neither be increased nor diminished
during the period for which lie shall have
been elected, and he shall not receive
within that period any ether emolument
from the United States, or any (f them;”
ami (Art iii, Sec. iii, par. J) “Treason
against the United States filial 1 consist
only in levying war against them, or in
adhering to their enemies, giving them
aid and comfort.” Now how idle in the
lace of these repeated plural forms to say
that this is a solidarity, a singularity, a
nation. The nation have given them-
Helve* more powers than their fundamen
tal law gives them! Wiiat bosh it
makes of it. Moreover beside these
piu a! forms, it will be found that in
over two score places the express word
ing of this sacred instrument is such as
recognizes the severalty of the States in
the most varied and unmistakable man
ner. I have at one time in my reading
been curious enough to reckon up these
main acknowledgments of this severally
and find that “ each State” occurs seven
times ; "any State' and ‘‘‘the several
States' also seven times each ; “ one
State” read "another State” three times
each; and “ that State;” “ the States re
spectively”; “particular States' ; “any of
the States ”; "two or more State ”; ' every
other State”; ‘any other Stale* ; and
some lew other modes of denoting indi
viduality occur once or twice each. More
even than this—for it is said, because the
Constitution begins, “We, the People,
Ac., Ac., do ordain and constitute,’ that
this shows it was meant to make a nation,
and that, therefore, the people, in one
body, framed the law—it will be found
that the language denoting this very
point ol how the instrument was framed
is found in the closing phrase which de
clares that it was “Done in Convention,
by the unanimous consent of the States
pieseiit” If there be force in human
language, it was the States d;d it. And,
still further, not only was it “done”— i.e.,
formed—by the States, but to the States,
also, its “establishment” is due, since its
very language is “The ratifications of the
conventions of nine States shall be suffi
cient tor the establishment of this Con
stitution between the States so ratifying
the same.” When was the tale of the
nine States required made up? Not
until the 21st day of June, in the year of
Our Lord, 1798. The instrument was
made on the 17th day of September,
1787 but not till the 21st of the June fol
lowing was the breath of life breath and into
its body ; uot til! then were the “condi
tions sufficient for the establishment”
fulfilled. And now who breathed that
breath of life if not the States, the nine
States of Delaware, Pennsylvania, New
Jersey, Georgia, Connecticut, Massachu
setts, Maryland, South Carolina, and
New Hampshire ? If the “nation” had
anything to do in this matter, it was, like
the old joke about the tailor, a nation in
nine parts !
So far, then, we have watched the
birth of The State; we have seen it leap
full-armed, into sovereignty, at twelve
o’clock, noon, on the Foutth day of July
in the year of our Lord 1770. We have
seen it pass, conquering aud to conquer,
through an eight years’war; and come
out, at last, with its sovereignty recog
nized, in name and deed, by old Kin*
George. NVe have seen it ally itself
with other States under articles which
premise that their very basis and foun
dation stone is t. at “Kach State retains
its sovereignty, freedom, and independ
ence. We have seen that, on meeting
to frame a Constitution, the work was
“done” by it, and, when done, put into
operation by force of that State action
which was declared “shall be sufficient
for the establishment” thereof. Now let
us see if this is all, or, if there yet be the
great and crowning glory, the one gem
and jewel of sovereignty which has never
been surrendered, aud the whole ‘'na
tion,” aye ! or the republic, either, to the
contrary notwithstanding, can never be
taken away. Let us sec if Tut: State be
uot the one tiling only taut can never be
touched, without its consent, by any
amendment of the Constitut on whatso
ever. Iu all other things, a two-thirds
vote in Congress, or a Convention of the
States, may propose, and the Legislatures
or Conventions in three-fourths of the
States may ratify and make valid, to all
intents and purposes, as part of the
Constitution, any amendment whatso
ever; but, says the Constitution, “AT,
State, without its con sent, she” -
priced of ds equal suffrage ; ti , (
Senate” The Constitution n—
amended a< to deprive it of fepr ■
tion in the House; a> to impose thn *•.
unjust and unequal taxes upon i* ;
to leave it without Federal V
m ike it amenable to the daffi ; :I!
private citizen, or to take away : •
facilities, or d<> any other up .
whatsoever; but two-thirds </ { 'om*rv *
and three-fourths of the States, no ! »,
the whole of Congress, nor every „q». ,
State, but its own lone self pur t, g q*
cannot deprive it of its equal su°V> ~, ~
the Senate. That suffi ago, U t , k tW()
Senators,are the mark of the s ’ oroA
of The State and, by the ■ Vn-ti' U t; M
no power under Heaven can » 1 0
sovereignty away. Here. a‘ !> * \,...
is no room for doubt or eav ; }>. ~ q ;
ambiguity; bore, no cloud--: Tie 8 iat:
rises in her native m?»i s-y, he ( -jt„
tion she created does her ho ingv r> ! ;s ]
her banded sisters must >n<v ’ >c
sacred right
Let us read of this power It T
ten thus :
“article V.
“The Cos tig ;v.s>, whence* *wo .
both Houses shall deem .
shall propose aui ui.ii, e • :< ;
tution, or, on the ape io uimi :. , ;
latnres of two-thirds <7 .in: m y< ,7 . - 4
shall call a Convention !■ ;• a, ; ._
amendments, which, in ei h- i < •
be valid to al intent -and nj
part of this Constiruti Oli, ■, ii*:l .' . (
by the Legislatures of tliree-I.nu t:
several States, or by Convert' j*
three-fourths thereof, as Put on*- or
other mode of ratification may u g
posed by the Congress; J’rocided, t
no amendment which may bt made prim
to the year one thousand eight hamnd
and eight, shall in any manner alb- tth
first and fourth clauses in the ninth » <•-
lion of the first article; arul that no Stnh
without its consent, shall be de.pnad
of its equal suffrage in the Senate.''
Everything else you may amend, hu 1
the Constitution itself must sink into
nothingness before you can discrown The
State
And yet, when heie is but one single
one of the united States, even the very
least ot them, little Delaware or little
Rhode Island, can rise up and confront
the whole Congress, ami every single one
of the other States, and say thus far, ami
ui further, how can we believe for an in
stant that this is a nation, and that the
nation is everything, and the State D
nothing at all ?
Hht what is The State ? Is it tint
one man shall sit up on high, and call
himself Governor, and another shall write
himself Judge, and that still others shall
hold themsMves out as Legislators, and,
under a thing that they style Constitution,
promulgate otner things they sec fit to
designate laws? No; these things in
themselves are as nothing. The State,
in its physical embodiment, is those men
who can trace their title to govern back
without any flaw of illegality or violence
to the hour when, on the 4th day 7 o! July,
177 t), The State was born. And, in its
unseen essence, The State L the mani
festation and exercise of the will of these
men who have such title ns above shown.
Put these two together, and wc have a
State like New York or California;
divorce them, aud we have such a S ate
is Georgia and Alabama and South
Carolina are to-day. La New York, the
continuity of the visible and invisible
components of the State, of the lawlul
voter and his will, has never been broken.
In Georgia it is. A strange power has
supervened aud rendered this continuity
inoperative for the time being, but,
though the continuity be broken, Fuk
M’ate still lives. Tnere are the nn-n
and there is their will, and wheresoever
the men and the will are there is In*
State; not dead but sleeping when th‘‘
continuity is suspended, hut forth will
full activity that very instant the di.- Mirt
ing cause is removed. Take away ou>
dag the hand of violence, and in ' 7
four hours these buzzards and then* rtin
bish would fly b fore the revived vi
of 'The State ok Georgia. Ihe
prophet, tne usurper, the snriepu ’
State would tlec for its life, and the t» ! -
State be brought back with music, v- .
laughter, aud tears of joy into her ow
'lhe State dead! Either the S H
Georgia, as she was founded by
thorpe, aud battled it out, with tC' (
man’s blessing upon her, a- >he F’Ug
the tyrant George; m that sense, ■
the more generic sense of the dta
the foundation of American instHut oo
dead! If so, how comes it that
since the war, within this very 7 F
year of 1868, that Illinois, when due t.
anew great seal lor that cormnon Utan
ordered the legend, "State Sore" G
to be therein inscribed? How ( ini '
the military g>veniorof MisHv>ip[ '■ .
very brevet major general of tn< u
States army, who is foisted over tl.