The daily phoenix. [volume], August 28, 1867, Image 1

About The daily phoenix. [volume] (Columbia, S.C.) 1865-1878

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BY JULIAN A. SELBY.
COLUMBIA. S. C., WEDNESDAY MORNING, AUGUST 28, 1867.
VOLUME III-NT). 137
THE PHOENIX
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rm GLEANER,
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AGENTS.
W. C. Moore, Abbeville.
J. R. Allon, Chester.
Julius Poppe, Anderson C. H.
S. P. Kinard, Newberry 0. H.
W. T. Sims, Union.
J. M. Allon, Greenville.
Correspondence.
LETTER OF OFN. HAMPTON.
COLUMBIA, July 31, 1867.
GENERAL: Tho undersigned, in be?
half of many others of your friends,
as well aa of themselves, very respect?
fully crave your advice with regard to
their action in the very important
matters sc n to be submitted to the
people of this State. We have no
intention to oppose the execution of
any law, even were*it in our power;
but under the Reconstruction Act,
certain latitude of action is left ns,
which entails upon ns entire respon?
sibility for all consequences which
may now therefrom. We believe this
responsibility to be very grave, and
these consequences vital to every
class of our community, inseparably
connected as are the interests of all.
Recent events show that there is no
longer a possibility of that entire har?
mony of action among our people,
for which yon and we have hereto?
fore hoped and striven. The views
of the whole community are unset?
tled by the new aspeot of-affuirs, and
the people look to those who com
* mond their confidence for a course of
action upon which all may agree, who
truly desire the prosperity of the
State.
Hesitating to intrude upon you in
your withdrawal from public affairs,
but believing that your own apprecia?
tion of the emergency will excuse our
request; that your well proven pa?
triotism will irresistibly plead it; and
that your calm and, experienced judg?
ment will Weigh supremely with your
friends, and command the deep con?
sideration of all honest men, we sub?
scribe ourselves, very respectfully,
yours, D. W. BAY,
WM. H. TALLEY,
J. P. THOMAS,
? E. M. LAW,
And about sixty others.
To GEM. WADE HAKPTON, Colum?
bia. -
' GENTLEIIKN": I leg to acknowledge
the receipt of the letter, in which you
do me the honor to ask my "advice
with regard to your action in the
very important matters soon to be
submitted to the peoploof the State."
Though I cannot but feel that many
of those whose names aro signed to
this communication are far moro com?
petent to offer counsel on the grave
topics now agitating the public mind
than myself, as I deem it to bo the
duty of every man, when called on by
his fellow-citizens, in times of peril,
to contribute all in his power to pro?
mote the general welfare, or to ward
off tho common danger, I willingly
comply with your flattering request.
Recognizing, then, the duty im?
posed on mo by your call, and im?
pelled, also, by the great respect I
?eol for those who have thus honored
me, I shall state with perfect candor
the imminent dangers surrounding
us, and point out with equal frank?
ness tho only course which, in my
judgment, we canjpursue with honor,
or with any hope of ultimate Bafety.
Before proceeding to tho discussion
of the present condition of affairs, it
is proper to let you know what wero
tho views entertained by myself im?
mediately after tho cessation of ac?
tive hostilities, and what was tho
course I thought our people should
then follow. This cannot bo done
moro concisely than by giving to
you a copy of a letter addressed to
James G. Gibbes, Esq., chairman of
a public meeting, which was held
hero in August, 18G5. Not being in
the city at that time, I wrote the fol?
lowing letter, which, yielding to the
views of others, I afterwards deter?
mined not to publish:
AUGUST 20, 1865.
To his Honor James G. Gibbes, Mayor
of Columbia.
Snt: Having been absent when the
lato pablio meeting TOUS held in the
city, I take this method of expressing
my views on the subjects discussed
on that occasion. It is with some
reluctance that I express these views,
as I do not concur in the policy ad?
vocated by the meeting. Is it de?
sirable that the people of the State
should take any action ldoking to a
restoration of civil government at
present? I think not; and for these
reasons:
The State ia either a member of
the Federal Union, or it is not. If a
member, then not only is it a work
of supererogation for her to ask ad?
mission to the Union, bnt she is, by
the Constitution of the United States,
guaranteed a republican form of Go?
vernment, and she has the right to
administer her Government under
'such a' constitution and by such laws
aa she chooses. But if she is, on the
contrary, uot a member of the Union,
she must be regarded either as a Ter?
ritory, or as a conquered province.
In either condition, the United States
authorities are charged with the duty
of providing a proper Government
for her, and I think the true polioy
of the State is to remain passive until
such Government is given to her, or
is forced upon her. If the course
indicated by the meeting here is fol?
lowed by the State, what will be the
result? Will it lead to the restora?
tion of the Union as it existed, and
to the re-establishment of the consti?
tution and laws of this State? I do not
think that such viii be the case. To
restore the State to the Union by
the plan contemplated in the resolu?
tions adopted by the meeting here, it
will be necessary to call a convention
of the State. That a convention,
chosen os that will be, will represent
the wishes of the people of the State,
is an impossibility. But passing over
this grave objection, there remains
the still graver one as to the adop?
tion of a constitution. Are the peo?
ple of the State willing, by the adop?
tion of a new and totally different
constitution, to ignore all the teach?
ings of the past, to subvert the whole
order of society, to change, in a mo?
ment, its whole organization, and, in
a word, to commit (if the expression
may be used) political suioide? Yet
this is the inevitable tendency of the
course recommended bj the meeting.
No one, for a moment, supposes that
the State will be admitted into the
Union with its present constitution.
To gain admission, the State must
come with a constitution represent?
ing, not the views and interests of the
people of South Coolina, but those
of Massachusetts. It may be urged
that the State must come with suoh
a constitution, Or --ot come at all. If
suoh is the fact, then let "her not come
at all. The United States Govern?
ment will hold the country, as it now
does, by military occupation; .its
troops will be present to inaugurate
and enforce the new system of labor
decreed by the President of the
United States, and the people, though
conquered, will not havo the addi?
tional humiliation and reproach which
they would bring upon themselves,
if they consent to destroy their own
constitution, which was bequeathed
to them by their fathers.
Besides these various reasons
against the policy advocated by the
meeting, it appears to me that it is
premature for the people to move at
present. The authorities at Wash?
ington have not indicated the course
they propose to pursue towards the
State, nor have they manifested
great zeal in tho restoration of that
Union for which they have profess?
edly been fighting for tho last four
years. They havo not asked tho
State to return to tho Union, nor
have they announced the terms upon
which it can do so. When they have
done theso thing?, it will be time
enough for tho State to take counsel
how to act.
I recommend, then, with all defer?
ence to yourself and the gentlemen
over whom you presided tho other
day, that tho people should remain
perfectly quiet, taking no action
whatever in public affairs. Leave all
these matters to tho United States
Government, which will, doubtless,
in good timo, provide a Governmou*
for you. Until that is done, tho car?
tridge-box can take tho placo of the
ballot-box, and the bayonet is a good
substituto for tho law. it is better
to bo governed by these than to give
to your State a constitution which
misrepresents tho wishes of tho peo?
ple, humiliates thoir pride, debauches
their society, destroys their prosperi?
ty andr degrades their State.
I have the honor to be, very re?
spectfully, your friend and fellow
citizen, WADE HAMPTON.
It was clear to my mind that tlx
true polioy of tho South was to re
main passive, observing, with th<
I most scrupulous fidelity, the obliga
[ tions we assumed when we laid dowi
our arms, aud making no concessions j
beyond those embraced in the terms
upon which we surrendered. I held
that the United States Government
had not only offered terms to the
South, but that its faith was pledged
to tho observance of those terms.
Every official act of every depart?
ment of that Government, during the
war, declared that the Southern States
were still members of the Union, and
Congress, by an almost unanimous
vote, in the most solemn manner,
"Resolved, That this war is not
waged, on our part, in any spirit of
oppression, nor for any purpose of
conquest or subjugation, nor purpose
of overthrowing or interfering with
the rights or established institutions
of the States, but to defend and main?
tain the supremacy of the Constitu?
tion, and to preserve the Union with
all the dignity, equality and rights of
the several States unimpaired. That
aa soon as these objects are accom?
plished, the war ought to cease."
The same body gave the strongest
evidence that they regarded the
Union unbroken, even during the
war, by their recognition of Mr. Car?
lisle as Senator from Virginia-I mean
the noble "Old Dominion," and not
her illegitimate and degenerate child,
West Virginia-and allowing him to
retain his seat until near the close o!
the war. The very paroles given to
the Southern soldiers promised the
protection of the United States Go?
vernment to those holding them, so
long as they obeyed the laws of "the
States wherein they resided;" thus
recognizing, not only the Southern
States as Stales, but thc lairs of those
States. We had every reason, as fai
as we could trust to the faith of oui
opponents, to believe that the South?
ern States would be received into th*
Union with all their "dignity, equality
and rights unimpaired," as soon as
they renewed their allegiance to the
General Government, and acknow?
ledged its supremacy.
It would be foreign to the purpose
of this communication to discuss
what faith has been kept with the
South-mankind has already affixed
to that sort of faith the name ol
Punic; I only touoh on these pointf
to show the mistakes committed bj
the South, when it conformed tc
those demands of the North whiot
were interpolated into the conditions
after our surrender. Our State Con
vent io ii 8 were mistakes; so were th?
changes of our Constitutions; gr eat e:
than all others, was the legislatioi
ratifying tho amendment of the Unitee
States Constitution known as Artich
13. I am well aware that the aotioi
of the Southern people, at that time
was dictated by an honest desire t<
secure the blessings of peace, and fr
a high sense of honor, whioh prompt
cd them to show that they were sm
cere in their wish to do everythic)
that would tend to the restoration o
the Union on honorable terms,
have no hesitation in asserting tba
the Southern States would then hav
been brought back to the Union wit!
more of "loyalty"-to use a favorit
expression of the North-than hai
existed amongst them for forty year
past, had the North proved itself t
be as magnanimous as it had show
itself to be powerful. But it was th
misfortune, not only of tho South
but of the whole country, that th
party which had obtained possessio
of the Government was more inter
on securing its own power than t
restoring the Union to its own pri?
tine glory. After acquiring powei
on the sole ground of bringing bac
the Southern States to tho cammo
fold, with all their "dignity, equal it
and rights unimpaired," they basel
betrayed the people of the North, h
subordinating the interests and righ
of ten States to tho effort to porpeti
ate tho power of their party, fais
fying, whilo they did so, every pledf
which they had made during tho coi
tinuanco of tho war. Tho war, whic
was professedly waged solely for tl
restoration of tho Union, in its pr
gross, degenerated into tho open n
tempt, on the part of its author
to consolidate and porpetuate radie
rule, and a Government, which w
founded on tho noble maxim, th
"Governments derive their just po1
era from the oonsent of the g
verued," has boen perverted to tl
base ends of subjecting ten millio:
of its pcoplo to a military despotist
That I may not bo accused of stn
ing this proposition in stronger la
guago than is warranted by tho fae
of the case, I bog to call your atte
tion to the following extraot from i
article which emanated, fr om Maw
ohusetts. Bearing the imprimatur
Boston, its language, which, had
been uttered here, might have smac
ed of treason, can be regarded OE
as loyal:
"The principle," says thia wril*
"on whioh the war waa waged by t
North, was simply this: That m
may rightfully be compelled to sub?
mit to and support a Government
that they do not want; and that resist?
ance on their part makes them traitors
and oriminals. No principle that is
possible to be named eau be moro
self-evidently false than this, or more
self-evidently fatal to all political
freedom. Yet it triumphed in the
field, and it is now assumed to bo
established. If it be really establish?
ed, the number of slaves, instead of
baviug been diminished by the war,
has been greatly increased; for a man
thus subjected to a Government that
he does not want, is a slave; and there
is DO diff?rence in principle, but only
in degree, between political and chat?
tel slavery. The former, no less than
the latter, denies a man's ownership
of himself and the products of his
labor, and asserts that other men may
own him and dispose of him and his
property for their uses and at their
pleasure. Previous to the war, there
were some grounds for saying, that
in theory, at least, if not in practice,
our Government was a free one-that
it rested on consent. But nothing of
that kind can be said now, if the
principle on which the war was car?
ried on by the North is irrevocably
established."
Here we are told in emphatic lan?
guage, by a Northern mau, whose
mind cannot be obscured certainly by
the so-oalled heresies of Southern
doctrines, what was the principle on
which the war was waged by the
North, and we are warned-God grant
that the warning may not be in vain
what will bo the result if this princi?
ple is irrevocably established. Let it
be established, and we may bid adieu
to constitutional liberty-republican
institutions will be swept away in the
storm that will arise, and we shall
enter on those dark and gloomy
scenes which always precede a na?
tion's death. The time will then in?
deed have come for us to pray, in the
words of a fearless and eloquent son
of Georgia, for the speedy advent of
"the American Csssar." The whole
recent legislation of the fractional
Congress at Washington seems to
have only in view to break down all
the barriers of the Constitution of the
United States; to ignore the immor?
tal truths of the great rebellion of
'76, and to convert a Government,
which had, as its only foundation,
"the consent of the governed," into
one sustained by force alone. None
of the radicals pretend that the mili?
tary bills are constitutional. They
admit-perhaps I should say, rather,
tb ey trust-that these measures are
unconstitutional, while they endeavor
to make the South ratify them, by
arousing and appealing to the basest
passions of human nature, fear and
cupidity. They threaten us with con?
fiscation, on the one hand, if we do
not accept these measures; they give
them the semblance of law, while on
the other they attempt to bribe those
amongst us who are BO base and
venal as to be willing to purchase im?
munity for themselves by selling the
liberties of their colin Ly...
Aro these despicable mo ti vc-s ot ron g
enough to corrupt the virtue of tlu
Southorn people? Will that people,
who have proved themselves capable
of making any and all sacrifices for
the sake of their principles, dink so
low as to buy the mere privilege to
live-even if they live slaves-by giv?
ing up all that they have heretofore
held sacred, and all that makes life
itsolf worth having? Will they allow
their action to bo influenced by
threats? Threats can never govern
bravo men. Aro they afraid of con?
fiscation by Congress? If they adopt
these reconstruction Acts, they will
most assuredly suffer confiscation in
its worst and most tyrannical form,
through the "reconstructed" States.
It is for them to determino these mo?
mentous questions for themselves.
They have already carried concession
to the verge of folly. Hear what
another Northern writer says ou this
point:
"Tho programme of tho ruling
party cannot be altered or changed by
concessions. That has been tried in
tho South. All the demands of Cou
grc3s have been complied with by thc
States lately in revolt. They have
altered their constitutions, adopted
the amendment abolishing slavery,
attended to the condition of thc
froedmen, repudiated the debt con
tracted by them for war purposes,
and in this mauner showed their anx?
iety to resume constitutional relations
with the Federal Government. Bul
each concession has been met with i
fresh demand, until, at the presen!
time, ten States have been tnmec
into military divisions, ten Govern
ors, ohosen by the people, superseded
by five brigadier-generals, and tin
will of a minority Congress placee
over and above the power and author
ity of the Constitution. * * * Ix
order to carry out this scheme, whicl
was concocted by the revolutionary
committee of Congress, tho Southern
States are made subject to a military
tyranny, without limitation or re?
sponsibility, or other checks or in?
structions, than that it shall uso its
powers literally to carry out the poli?
tical purposes of the ruling party in
the nation."
Has this policy of concession to
unlawful demands been so productive
of benefit that we still desire to pur?
sue it? Are we prepared, for the sake
of expediency-that fatal fallacy which
has lured us so far on the road to de?
struction;-that Trojan Horse which
has brought with it an Iliad of woes
to barter away the few rights remain?
ing to us? Yet this is the course we
must follow, if we accept terms whioh
we know to be contrary to the condi?
tions on which we surrendered, which
are inimical to all true reconcilia?
tions, and which are in open and pal?
pable violation of the Constitution of
the United States-of that Constitu?
tion which we swear to support, at
the very moment we are grossly out?
raging its most sacred provisions!
Would not those who vote for these
laws, knowing them to be unconstitu?
tional, be guilty of perjury? What
good can come of laws which begin in
fraud and can be curried into effect
only by perjury? Let me not be
understood as making any reflections
on those Southern men who honestly
and conscientiously advocate our ac?
ceptance of these military bills. Any
divisions amongst us are to be depre?
cated, and it is as unwise as it is un?
kind to impugn the motives of men
who, on many a field, have proved
their devotion to the South. Espe?
cially do I regret the virulent attacks
which have been made on that gal?
lant soldier who so long and so ably
led the illustrious First Corps of the
Army of Northern Virginia. It has
been his hard fate, in peace as in war,
to be wounded by his own people.
That charity which "hopeth all
things," and a natural distrust of our
own judgment, should make us treat
the convictions of such men with at
least kindly and proper consideration.
But for those "who see the right, and
yet the wrong pursue," who, while
their country seems to be struggling
in the throes of death, consult only
their own base fears and low in?
stincts-who, to save their vile pro?
perty or still more vile persons, would
degrade their State-who bid us ac?
cept dishonor as the price of safety
language has no terms strong enough
to brand their infamy. They are as
far beyond the reach of adequate
punishment in this world as they are
beneath the scorn and contempt of all
honorable men.
But to return to the consideration
of the Reconstruction Acts, from
which this digression has led me.
What inducements do the advocates
of these measures hold out to us to
accept them? Can they promise us
peace? Look at Tennessee, and learn
what kind of peace we aro to have.
Can they promise us an acceptable
State constitution-one that will not
bo interfered with by Congress?
Look at Delavire, Maryland and
Kentucky-thr "loyal" sovereign
States-which ^.e to bo put on trial
before a Star Chamber committee,
on the charge of not ha?:'ig: Republi?
can constitutions. Can they prr.
miso a restoration of the Union?
The radical rulers expressly declare
that their measures are not "finali?
ties." Can they promise, even that
doubtful good, representation in
tho Congress of tho United States?
I refer you to Kentucky, whose repre?
sentatives are ignominiously rejected,
because rebels voled for them! But
suppose that the Stute accepts the
terms proposed by tho military bills;
that she agrees to the permanent and
total exclusion from her councils of
the intellect, the experience, tho wis?
dom and the patriotism, which, in
times past, gave her lustro; that, in?
stead of these noble qualities and
virtues, she commits her political
destinies to the guidance of igno?
rance, inexperience, folly and radi?
calism; that she adopts a constitution
disfranchising forever tho men who,
in obeying her command to defend
her, believed that they wero serving
God; that she
"buys-ignominious purehaso- short re?
pose,
With dying curses and the groans of those
That served and loved, and put in uer
their trust."
Suppose she doos all these things,
and that the radicals then graciously
permit her to send her representa?
tives to Washington, from what class
will she select the men who are to fill
the places once honored by Lowndes,
Calhoun, MoDuffie, Preston, Cheves.
Hajne, Huger and their glorious
compeers? The same body which
has shown suoh wisdom and magna?
nimity in framing these Reconstruc?
tion Acts that are to bring so many
blessings in their train, gives you the
answer in thc following Act of Con?
gress:
"1. Hereafter any person elected'
or appointed to any offico of power
or profit under tho Government of
the United States, either in tho civil,
military or naval departments of tho
public service, excepting the Presi?
dent of the United States, shall, be?
fore entering upon the duties bf such?
office, and before being entitled to?
any of tho salary or other emolu?
ments thereof, take and subscribe
the following oath: I do solemnly
swear, that I have never voluntarily^
borne arms against the United States
since I have been a citizen ('Hereof;
that I have volant nri ly given no aid?
countenance, counsel or encourage?
ment to persons engaged in armed''
hostility thereto; that I have neither
sought nor accepted, nor attempted;
to exercise, the functions of sara* af}
flee whatever, under any authority or
pretended authority in hostility to
the United States; that I have not
yielded a voluntary support to any pre?
tended Government, authority,, pow?
er or constitution within tho United.
States, hostile or inimical thereto.
And I do further swear, that to tho
best of my knowledge and ability, I
will support and defend the Consti?
tution of the United States against
all enemies, foreign and domestic;,
that I will bear true faith and alle?
giance to the same; that I take thia
obligation freely, without any mental
reservation or purpose of evasion;
and that I will well and faithfully
discharge the duties of the office on
which I am about to enter-so help
me God!' And any person who shall
falsely take tho said oath shall be
guilty of perjury, and on conviction,
in addition to tho penalties now pre?
scribed for that offence, shall be de?
prived of his office, and rendered in?
capable of ever after holding any
office or place under the United.
States."
Is representation in Congress s?>
very desirable, that wo should sent?
men there who eau take that oath,
rather than that wc should remain
unrepresented longer? Can the peo?
ple of the State trust those who could
or who would tako it? For the honor
of our State, I shonld prefer that she
should not be represented in the halls
of Congress until her delegate? eau.
Bnter them as free men, representing
& sovereign State, with all her "dig?
nity, equality and rights unimpaired.**
When thai day comes, there may be
3. restoration of the Union in fact, as
Eis well as in theory; when North end.
South, forgiving the past, even if they
cannot forget it, may meet as equals
an some common ground, where the
honor, the rights and the feelings of
both can be recognized and respected.
But until that day does come, in the
words of Patrick Henry, "Gentle?
men may cry peace ! peace ! but there
is no peace!"
It is scarcely necessary for me fo
jay that, entertaining the views I have
axpressed, I think it far preferable
the State should remain in its present
condition, under military rulo, than
that it should give its sanction to
measures which we believe to be ille?
gal, unconstitutional and ruinous. It
is my honest and firm belief, that the
volnntary acceptance of these mea?
sures by our people would surely,
bring, not only to the South, but to.
tho whole country, evils far greater
than any we have'yet suffered. Tho
North, flushed with success, anoY
Irunk with power, may not bo able
to realizo this fact; but as surely a*,
the South falls a victim lo irresponsi?
ble and unlicensed power, so .surely
svill tho North lose its liberties. Ruin
to the South will re-act on the North,
ind if we aro crushed into tho dust,
tho Northern people will seo but tho
Foreshadowing of their own certain
iloom. Recognize, as an establislted
principle, tho right of any political
party that may bo in the ascendancy
to fix upon all who differ with them
laws unauthorized by the Constitu?
tion of the United States, and we
shall begin that downward career
which will lead us steadily through:
confusion, anarchy and blood, to tho
certain overthrow of republican insti?
tutions and free government. Believ?
ing this, I regard it as tho duty of'
every man, in tho exercise ol the
right accorded to all by theso military
bills, to oppose their adoption by all.
lawful means. As tho people have
tho privilege, then, of expressrng
either assent or dissent on tins ques?
tion, I adviso thom, earnestly,, to? re?
cord tho latter as fully and solemnly
us possible. IM every man register*
ind cast his vote against the convention^
since the question will bo made cn
that issue.
These, gentlemen, are the conclu?
sions to which I have been brought
by the most anxious consideration
of those "important matters seeo to?
be submitted to the people el the
State." They have been laid before^