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TE TRI-WEEK, E S
By Gaillard, Desportes &% Co.] WINNSBORO, S. C., TUESDAY MORNING, MAY 29, 1866. [VOL. III.-NO. 51.
The Test Onth.
3ntt some wonhl say 1vit htCongres"
can ronfi.cate the property, whether in
an oflice or any other kind, of a citizen
suspected of disloyalty, or having aided
in rebellion, and deprive him of liberty
or property till he ias proved, or, at
leasl, sworni to his innocence. I dinV
it. Congress has Ito ight to Violate
the Con,9iittionl, either in leace or War.
The rule laid down in tho Constiti.
Lion, inl plain lag:ng, is this: No per
sofn siall bv held to aniwer it it capital,
4.r otherwise iifallloust4 crime, un;les. ont
a pr-sent(ment or indictum-nt of a grand
jury. The exception to the rule is, that.
persons in thlte land or naval forces, and
lersons in the miitla, whvn in acriui
service, in tinte of war or public dangvr,
imay be held to answer witliot sieh in
itentet or presentment of a granl jIury.
Nor can Congress deprive any person
(not without thie oxceptionl,) of the life,
liberty or property, without Ine process
of law. Congress may, by law, provide
for the. forfittro of the estate of a per
,sonattainted of' ireason, but, then only
aliring his lifo time. There can bi n'o
forfeit.nre, even for treason, till there is
ti Conviction, and tle moment a person
Conv%icted is(! ecut-d ile hrf'rrittro iS RL
nt end. An as i hre cani be no no cor
ruption of blood, th1e etmate, if inherita.
bh-, immediaely descends to his legal
heirs or devisevs. In no other iistance
that occurs to me now, does the Consti.
l-mion give Congress tile power to for.
feit the estate or propert v of any onne,
for any offence wLtever, except inl tile
ease of* jidges iad other oflicers, on
colnvietion or impt-achmltent, which works
a forfeiture of their estates in their off
ces, but. of no other properLy or estates,
- nI never before conviction.
Con*gress bas. therefore, n1o right to
d1eprive a1n1v bILwyer of his estale-it it his
ofi.f, or of any othr *proprerty, (not
nemled I' p,blic iuip uoi jiSt cotipen
"snu) ntil he h4s.htas been convi'ted.
Nor has 'Aongress any right tu malke
him a witne.as to prove hiis own gtilt, or
4o draw any inference of his gilt fron
hik refital to answer. [7 Porter's Re
It it si;)pme I w,!re to al:ni t.hliat
Congresa do,- p this p%owpr in liile
of war, anu that (lit' act was Vali 1 1i ir
fing the wvar, how does that deprive the
hawyer of his ofce now ? Thle witr is
a an (nd ; and go proclaimed hy our
nobb-, patriotic President, who! hold
taiiii n favor of tie restoration of cons-ti
ititional libertY to Lthe Whole COUntryV Will
e4nldar his naine to posterity whli the
InarileP whiCh may be placed over his
mortal remains shall have eriabled to
dust. The war is not. only at anl end,
but the whole Sonth lts acquie"ced inl
good faith in tho result ; and her sons
whose honor is as stainless as thit gal
lanr.ry upon tihe battlo field was con
spicnons, have pledged that honor, nit
der ti ioleniity of an o:th, for their
fnir loyaly. That. pledge will never
he violated. I think vour Ilonor will
noi, neenise n of vain bousting wheni I
say I know something of the feelings
and1l sfentimnts of the people of Geor
gin, and I toll you to.day, that, what
ever may have been their opinions as to
the original abstract question of the
rightof secesion, they have abandoned
it forever. Since the days of Jefferson
and Hamilton, it has been, so to speak, a
litigatedl question,-andlbiere was but, one
cotArt which; had jutsdiction to pro
noalt4'tat. wtltiitativ~o decision inl the
case-,bat wias the lIigh Court' of Ap
peals, recognized..by all netions of' uni
versal jutrisdiction, whereograve litiga.ed
quesions betwWeen Stases and co~tmmunip
ties, th'at no othtercottrt liaa the power
to adjddjcete, are in she last resort do
cide'd by. watgr of' batt,le. 'htis case
hats been carried before that, court.
lBoth parties -wore ably represented.
Tecase is decided;, thle judgmlnent is
,againtst n18. We h ave alrteady paid an
enortotus ti11 ot coni,; buft, we acquiesce
in tile rosult, and swear;:before Hwisven
that we will abide b7 ib in good faith.
Adnilt then, for the pulrpose 'of' argit.
ann,that ti19law wvis valid dutring the
wvar, end wheore, isI its oblinding foirce
unow that the war is at an end? In
thawt view of it, we have the veray bae
laid do#wN in the books'whiere the retasets
of thee )aw lintg,qse4e, $he law Ithelf'
censon'. . ~, I g. ,
I* haRVe ntrady shtown .trusat, the
satisfaction of' the couri; that thne -offie
.4 a I ,wycr or his right to nrdctibe his
profession i..; property, and as such that
it ii protected by the Constitution of the
United Stat(e. 1nd1 tlh,t lie canlot be de
prived of it. withoi. dut. process of law.
If C%n-r!,zs ha tle power to depriv(e
him of hisi pre'rty' on Iis refusal to
take ak test tial I, the tlender of which it
w-II be pretended is dlii! process of law,
it las the sane powi-r to deprive him of
his liberty, his dwelling house chose'; in
action, nnd ilny atid all other property
Ill Imy possess, till lie takes the oath,
and 11' lie enn never take it. the coifisca
tion of hIi.4 whole property m11.ay become
colliplete aid perpetial. without indict.
menit, trial by jury, or conviction of AnlyV
Algain, if Coiigress has power to do
prive a law*yr of his propetiy in his
oflice tiil lie takes the test. oath, it has
the same power to prohibit iy citizen
f6o o11lowing aiy other profession or
AVOCation01 till lie has done tle same.
If it hadt thle power to ellaet thlis- law, It,
has the same power to vary, alter, or
amemi it at pleasi lre. If it. ilay Coil
stititionally do Wi hat. it, has donle ; as the
freedom of religion has no higher guar
anty Im the Coistitttion than the protec
tioii of properLY ; it may pass ia law that
no4) One sha1ll preach tiell Gospel till he
has sworn that, Ii- believes haptisi by
immtnersion the oily mode; or it may
enact tht no one shall practice niediciie
till he takes an oath that lie never did
and iever will use opim tilin his practice;
or L11.t. 11o oii- shall plow till he has filed
his affidavit that lie will nover uso t
turning ilow, as the Creator placed the
soil on top of tle groutid where it shotild
remain ; or the party in power in Con
gress, no matter which it may be, may
prescribe a tut. oatthat no perso Bhliall
ever vote again who does not niake oali
hat, It- never voted for the other party;
and may justify it upon tlt% grutid at
least ,altisfactory to itself, that its prin
ciples iare thi- onily true principle.s of the
Governmtnt, and that the public good
imper itively requires that they be carried
0M. in practice, which might not be done
without thei aid of the oaithi.
Let the judiciary sustain this assimip
tion of the pow *r of Congress, and it
mllav close the courts ilk the South indef.
finitely ; shut tlie doors of the churches;
stop every spiind!e of the manftiacturer;
quiench the fires of every furnace in
blast ; !ock the doors of the merchant.
and drive the nlowman from his ionest
labor-all byi the simple appliance of a
Aiid as niiieteon twentiethus of tile
people of Georgia' cotil it proba bly
talke it, Coligess by a test olkat declar
inlg that no one silall hold property who
cainot tkke it, imay conicat ninetesni
twentieths of the property of Ge orgia,
and ilneed of the Soth, by the exer
cis of t his power to l'oreit tile property
a laWyer has inl his profession, by this
means it has as tuch power to confi.
cate any amll al1 other property of all
who refiA to take illy test oath it may
prescribe t.o any or all tile people of tile
Umted Stato. Establish the princviple
that, Congiress cati exclldo all men from
office, or thle practice of anly profossioni
or av.ocation, who do not swear that
thoy tver bore arins against the Gov.
ernment, and it follows that it may on
act a la. that no mnan shall hold office
who fails to swear that 11e did bpar arnis
in defence of the Government. If tie en.
actinent of test oaths becomq the sotled
anid approved policy of tile Government,
the people of other sections of the
Union will soon find that the Southern
people are are nlot the oily sulfferers.
I may be told thlat the hritsi Parlie
menit centulries ago, enaicted teat oaths,
and that no man was allowed to hold
oflice until he had taken the Sacramlents
of the Church of England, and' the
oaths of nlhjuration, &c. This is tle;
andl( it ms also trn, that the eidhlt
enlmenit of the age, and theC triumph of
reas~o,, htave lonlg since0 sW4pt these
oaths$ from thl stattte b)ook, and tile Jaw
anid the Dis-center sit to-day by .the side
offhIo Churchman, ink the Parliatnenit of
Bitt it does not followv. from this his
torical fact, that Coiigress nowv he,s, ot'
over dIid possess aniy such powers. . Th'e
Pktrhlatnent of-Great Britain has estatb.
lished a pecnliar church. H1as the Con
gress of the Unitedl aStates any much
power? Pa-I ament hag established an
aristooracy, and provided for the .grat
by thte:king, of titles of'nobiilitv, Can
Congress 'do the same? iCertainly noti
Why-not ?, Because there is a wtritan
Constitution intthlis counltry. which ex
pressly forbids it. There ws tine in
Engllaid. Such is tle omnipotence of
the Parliament of Great Britain, that,
with the consent of the King, it may
change what they call the Costitution
at pleasnre. The Congress of the Uni
ted States, with file Pre.tident, has no
sIlh power. The Parlianwt. of Great
Britain has the power to confiscate the
subject beyond the period of his life,
and either with or without the use of
test oaths, if it should so will to deprive
q subjiect of his property, without due
process of law. Tho written Constitu.
tion of the United States, which lis no
change, denies to Congress the power
to <io either. From the difference in the
powers possessel by Parliamnit, and by
Congress, the court. will readily peceive
ihe reason why the lirniish test. oaths
can), as preced,:111s, he of no avail to the
advocates of similar oaths in this coun.
I wish, also, to invite the attention of
your lonor to this vie v of this question.
I have qlready shown that the Congress.
of he United States has, by statute, an
thorized parties in the courts to manage
their causes, by the assistance of such
counsel, or attrney at law, as, by the
rules of said courts, respectively, shall
he periitted to manage or conduct, cases
thervin ; aid that the Constitution guar
anteis to the accnsed tle assistance of
coiunsf- for his defense. Now. I denv
that. Coigress has tie pover-after a
party has emt1ployed an attorney under
this act, and confided to him the man
agement of his canso -to deprive him
of his assistanco, whon tie attorney has
been convicted of neither mial practice,
civian nor misdemeanor.
The Women ofilichmond.
It is no 01mpty compliment. to tie wo
mn of Richmond. says the Richmond
Times, to say that dur'pig the four years
of ibloody and cruel wot tlat, riagi,d wit.h.
in their hearinig, andAiiost'within theiiir
sight, they never do's inded. never fal
tered in the performiae of Cheir duty ;
never allowed tle. , laahtL Qi ultim4at"
failire to fii a plice in their minds;
never murmired when called upon to
send those that were dearer to them than
their own lives, to recruit ths! exhausted
ranks of our more than decimated battal.
lions; never wearied in bestowing the
tenderest care, the most, untiring watch
fulness and irsing on the sick and
wounded in otr crowded hospitals;
never repint-d when cenlled upon to suffer
privations of every conceivable kind ;
Iever despaired when they had to fol
low to the grave those they loved.
When stout men became despondent,
nild tI. sky of hope was to them, overcast
vith the dark clouds of probable failure,
the ladis always haid words of consola
tion for them, and could see a rift. in the
clouds through whi:hi the bright light, of
hope was visible.
On that ever to he remembered night
preceding the third of April, when their
fathers and husbands, and, sons, and
lovers, were taking leave of thon for
what might be an indefinite length of
tone, possibly forever, they still spoke
words of hopo and encouragement, and
smiiled their blessings in their eyes
through their tears. Nor one of them
said "stay with me," but each said "go
to Geiieral Lee, though all seems so
dark now, I am certain there is a bright
future for us yet. Do not be depressed
by anxious thoughts for me, I can take
case of myself."
And when the armies surrendered,
and those that were leitbegan toreturn,
they were received by as warm hearts
and with as bright smiles as if they
had have ret,urnted conquerors Instead of
pirisoners of war, for the ladles ktnew
that they liad done their dutty to their
country, and that honor was pt'eserved,
though all else was lost.
Their devotiotn to the cause is not o2
hiaistetd by what they did during the
war, and they now tura to the army
that lies arotind Richmuond--the army
of Confederate dead I Trhcy find their
graves sunkeli; many of them i.mmtark
ed uncared for. They determino that
this state of things shall Dot continue,
and organize associationse for . the pur
pose of having these graves snounded.
turfed, marked, properly ernclosed and
cared for. it mas t work of considerable
matgtitude, but ini thed~ wa.abularv
"hrisno spell word aa M The'y
men of. the city, and will push iI forwarid
to-aisudjumfal coisinymation. T2he-or
a t.h/lll of'joy tfirough the heai,ie of abe
-niothers atid wives and danght.ers of the
South, for they will know that. the last
resting places of those wioI they loved
are not forgotten, and tliey %,ill not hil
to invoke blessiigs on the heads of tle
nloi)le women of Richmond. Tiey have
our warmest sympathy in tfheir woik,
aid shall havo our hearty co-operation
in paymng this tribute of respect to our
TO THE WOMEN OF TlE SOUTH.
Richmond is begirt with an army of
Confederate dead. The hallowed pre
cincts of our cemeteries are rendered
still more sacred by their graves-to be
counted by tens of thousands of martyr.
ed heroes. Around us are bloody hat
tlelields and hero were the most crowdl.
ed hospital. Tie 6ec:] of boti arv
sleeping in Hollywood and Oak wood.
Not alone the fallen of Virginia ai* but
ried liere, your loved and lost, brave
and chkivalrons spirits, whoml we too
learned to love, repose side by side with
ours. The greater proportion1 of your
best and bravest men, cheered by
your blessings and strengthened by
your prayers, came to Virginia to
battle for our common cause. Many,
oh ! how many of them fell on the bat
tie-fields, or died in our hospitals, the
victims of disease engenlered by lie
exposures of ardiout- campaigns. 'here
is no country upon whose roll of honor
shiall be inscribed the nimes of our Con
federate dead. They died for and with
their cause. Their courage an( devo
tiun obtained the plaudits of admiring
nations, but it is the recollectien of thier
suffering;, their patience and their tn
timely end, th-it most tenderly endears
their memory to us. Dyitng, they left
us the guardianship of their graves.
These graves it is a grateful service to pre
serve and beautify. It is a service due
alike to tbem and to fheir surviving
friends. Let 'is keep green the turf
above their heads, aid build monuments
to mark f3r generations yet. to come the
place of their repose.
A society has been formed iti the city
f Rielnond, entitled the " .fiemorial
Association of the Ladies of IRichminiond,
Virginia." The objects of this Society
are to collect funds to he applied in the
enclosing, arralngtig, returni: g and oth
erwise placing in order the graves of
the Confederato dead interred in tIe
cemeteries of Richmond, so that the
names of our fallen soldiers may lie per.
imanently preserved froni oblivi.m, and
their last resting places savvId fr,m tihto
slightest appearance of neglet. or waniit
All pirsons who make dont:a ions for
the purpose of carrying out the Io bjets of
iiis society, are onroll,-d as imimbiiers o1
We would respechuilly suggest to the
ladies of the Southl if) fo)rm auixiliary so.
cieties, co-operating with us in carrying
out the objects above stated. As soon
as such .duieties are formed, it is hoped
that they wvill correspond with the asso.
ciation. Letters may be addressed and
contributiots setit to
.Mns. WNt. H. MCFARIIAND,
JFFFRSON UAViS.--Tho following inter
esting letter from the correspondent of tie
New York Herald, at Fortress 'Monroe. dis
closes some unipalatable facts in relation to
the treatinent of M. Davis as a prisoner,
and shows hw Pally his health has been
ruined by jigorous imprisonment. lie
Putting all the facts I can got together,
Jefferson Davis has evidently nearly reach
ed th end of his lire lease. le is in no
condition to tdsist.disease, and iL is deemed
doubtful whetheu lie will be able to stand
up undoe' a protracted trial. In his indo
mhittble vill there Is strong power of resis
tatice; but, as the granite column trembles
Aid drially breaks unddt' the Incessant lash
iig of the sea, so thIs iron will may become
brdke.l tinder the tod long and Incessant
burden he has had to boar.
The gravest fault-flnding I find at present.
hs with a recent verbal order forbidding oil
cers from taking ofl' their hasts to Jeff.
D)avis, ox shakIng hands with him,. While
there ar'e those who would both approve andl
applaud an humbling and contemiptuous
course of conduct. toward Mr. Davis In his
present position as prisoner, there are those
whose natural gentlemanly instincts and
life .ldng mingling with polite and refined
society would revolt against suoh treatment
toward almost adty prisoner, and part icular
ly one of Mr. hlavie' an14oedents, rare cul
tuire and the honoured social and political
assocIation of his past. life. Secreta~ry
MeCildob did not think it elnbecooning in
hisself to tiove his hat whett Introiduced
to Mr- Dae$, 'and shake him warmly by the
hand as meeting and parting with him.
John Phillips, l~q,of fCharleston, has
been confiried as , nited. states District
Attorney for hentf htnr-dihi.
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