New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-11

To the Editor Of tn. NJ y Tri1una

they governed 1t is at this day. Eleven States
populous and powerful became so disorgauized, by
reason o the sway of Rebellion in 1861 as in effect to
-bandon oil power OF making laws or choosing law.
makers. -Four only OF thess--Virginis. Tennessee,
Arkansas and Louisana-hayo thus far made any
attempt to restore civil government In manner
acccrdant with the Constitution of the United States.
Whether those States have actually succeeded in doing
50. need not now be decided In all the others, there
Is not single State officer, executive or Legislative.
who elected to serve in constitutional Legislature,
who has taken the constitutional oath Of Office The
term OF every officer elected in 1850 has expired. and
or more than four years these States have been.
AS they stn are utterly destitute Of any local civil
government. Nor is there solitary person authorized
by law 10 hold election. to count the votes Of
electors. Constitutions they may have. but no human
being authorized to expound them; laws they may
have, but no one empowered to enforce them.
Here, then, is vast blank in government. Who has
he rcht TO fill il upi And how is it to he done The
answer is plain. The people OF each State, acting In
their sovereign capacity. through the medium of
State Convention must accomplish the work.
Thus for. the American people agree with compare
tive unannity. The next and grayes question is how
and 10y whom is this Convention 10 be ehosenl This,
President johnson rightly holds to be question Of
law and If there is any law governing the case. it
must be obcyod Tie President refers us to the consti
utors and laws of lsG0 as determining the question.
Accepting his decision. without argument. it remains
he seen vlo had right jor delrga.es to STATE
Generations 1860 Let it be particularly noted that
tie question s not wAo might vote for Governor. who
hight vote for legislator, who might vote for
Justice Of the Peace. but who might yo,eor rather,
VINO hnd right to yo.e--lor S,ats Conreation The
distinction is of vital importance.
In order determine this It is necessary to consider
the nature Of State Convention, and the Of It's
members.
According TO the universal doctrine Of this nnton
State Convention represents the supreme collective
power Of the State. 1t is higher than all the officers 81
the ate end has authority than all OF them
joined II is higher than the very Constitution Of the
state and the laws but dust beneath its feet 1t
is Absolutely uncontrolled except by the Constitution Of
tie United States. It's members not officers under
the Constitution Of the Sta;e for If they were they
would have take cath in It's support. which they
never DO On the contrary. they usually meet for the
very purpose of annulnc It. They the creators.
not the creatures of State Constitutions For these
reasons it will be found that no constitution law
regulates the rights powers Of State Conventions in
general Scarcely nny State Constitution except
own ltntS VI tIcin-uOL pItShlDCS W
restrict their pogoIs
1t k therefore. matter for surprise that tie right
of voting for delegates 10 a State Convention is GBso
lu;y unrestricted BIZ constitution or lao in every one Of
the disorgansed States. There is 10 regulation
pom the subject, OF any description whatever. There
is no human power that has right to impose any
restrictions. The law of nature forbids that any
shoE!d vote more than once-possbly, the universal
custom Of the human race may exclude women and
Children as 1t certainly does the nsaneplan reason
may exclude those who have Tepudiated their citizen
shipbut beyond this there conceivable authority
FOR refusing any TO the poll right to be
there chosen 4 delegate. Under the proclnatons Of,
President johnson every loyal man in North Carolina
AID Mississippi whether white or black, Caucasian
African. or Aon-oa origin. has an Inherent right
to take part in framing the governments of those
states
These are no new doctrines. They most elab
Orately maintained il 1872 when Thomas W. DoIr was
chosen Governor Of Rhode Island. under the authority
Of mass convention called in absolute defiance Of the
state government, and representing conlesscdiy per
qualified to vote nader the existing laws. The
weakness OF the argument In that was that the
state had regular eni constitutional government and
that tic convention not the creation Of unques
tonable majority Of TIE people But whore there is no
government in existence. Il has never been doubted
that the people of State may spontaneously assemble.
in any way that good To them. and. untGammecd
by laws regulating tho election and qualifications of
zeal officers elect convention and fame govern.
mcnt.
This doctrine was asserted and carried into
effect By tie Democratic party in the case OF
Michigan; by the Republicans in the case Of Kan.
in ls5G and by both parties in the OF Cafor
MA. The last especially clear illustration OF this
principle. The great majority Of those who elected q
Convention in California in 1919 had right tn vote
for the lowest oco under the laws of the territory.
There statute constitution authorizing the
proceeding. Yet the whole North. and large portion
Of the South supported the action OF the settlers. SO
the constitution under which Michigan was actually
admitted. and that under which the lower branch Of
Congress voted to admit Kansas in 1885, were framed
by conventions chosen with entire disregard OF INC
TitoTial authorities. And In nearly all the States re.
stricons imposed by the constitutions upon the mode
Of their amendment have been wholly ignored in sum.
moning conventions for that purpose
In short tie Constitutional Convention ia &, everv
STATE the legitimate representative and oppression Of tho
RICH, Of revolution. 1t is the mode by which ,p,opl
merely the electors of Governors or Lec,laures-
have right TO change their form Of government. or TO
organize where exists. IT, by reason Of apy IT,
regularity two forms OF government arise In State
cOtemporaneousy tho United States through Congress
must determine which Is the true governments and this
decision wiz without doubt, be in favor Of that govern
ment which is established the broadest natural
foundations. TGA
Naval Intelligence.
DEPARTURE or TIKI HARTFORD.
Yesterday our reporter paid final visit to
The old flagship Hartford. which will in few days bid