New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-10

. -uent and no laws. lie, Therefore, enjo N,
no govefr ''al Governor to er.role the male htc
upon '"e oll d upyard, excepting ,ueh A.
F"i hovo forfeited The elective franchise by
~ ,,1 sueb as rofiso test oath; and, at the
t. a.. election is to AXE Place for the choice
;a,,atc. =, n. s;.'a Convention. Tho dut- Of
this Convention thus chosen by electors -
the President viii DO 20 amend the state Constr a'''
Bat if to amend. wh7 not to naFei II the presid'"'
may decide that O State Cortlli'n is defective in
two or three particulars and needs amendment. Why
may he not decide that it ui ~ worthless. and must
be replaced ty a new ore' Bat, n feet such IS the
legal effect OF what he requires because, when Con-
yenion is assembled it may amend any ana every
clause or il may make an entirely neF Constitution.
The Convention Of l357 was called for the purpose oil
amending the articles Of tho Confederationi bat IN
fact, it made Constitution OF Government 1nu
created C. Government wholly different from the ola'
Now. If tie theory which assumed the forfeiture o.
the State Constitutions had been tic pnhey aceeP'eu
ground Of intervention what power could the rIes.'
dent have assumed to exercise in The premises Vioh
he has nov assumed and exercised Or, II the uhi'N
of people VINO occupy the Southern territory IA" pee"
suddenly transpanted to the unorganized territory
which is drained by the upper tributaries OF the MIS-
souri, what step cond the President have taken Tor the
establishment Of law and order among thein' which ne
has not taken in tho actual circumstances
have called attention 10 these facts not for the pur'
pose Of arraigning the President as usurper On the
contrary hold that something was to be done Tor the
prevention OF anarchy and the restoration Of order
The exercise of arbitrary power had become an mpera'
tive necessity growing out Of hc treason OF the state
Officials. and the rebellion Of the people Whether The
President IN undertaking 10 restore or should saw
rather 10 create State Governments, preparatory to
their return TO their places members OF the Onion
hos not gone further than the emergency demanded Is
a question for Congress to decide Ii that BODY ap-
proves what he has DONE all viii be we'll But no one
will question that the work Of reorghhzing the Rebel
States properly belongs 10 Congress. IL terms
are to be prescribed TO tie people Of tho
South. az tic conditions on which they
win be restored to their constitutional functions, It be-
longs 20 Congress to prescribe them In the form Of an
"onabhrg ac'," a. has been cus'opory 18th the Tori
tories such measure was before the last Congress
AMI If, failure las caused the Presdeuts intervention
The general acquiescence in tie policy OF the ,res
dent II. singular contrast with the ,amor which was
raised in regard to the opinions ennncaed on this sub
feet bv Senator sumner two three yoa-s ago IN hi'
famous article published in TIE Aeate Monthly for oe
tober. ltfl upon "Our Domestic Relations he thus
Sums un d 20 conclusions az which he arrives:
"Ont mnorilnt question l discard MI theory.
whether o. be OF State suicide or state f"it'tLft oi
State abdicatinn 90 the OLE SIDE or oi ~ 10 hEhi
immortal and uniupcie able, OF the oi.ei sue 80
discussions re OILY eut'tfi mlH's ln N",h ""oi,
Ssnaie may be Lost. And r discarling al theory,
discard also tho questill o. d, JA.t nciAti, 10y III
stance the Rebel States Will DO Rebellion IS Migrant
.0a.N.4 .lI |.N ~. al
States 1t s enough that for tie me being end ~ n,
absence Of loyal Gorfmclf they ear take no 'Gt an
perform no Junction u The UuiOn, - haf sy e1HAo' 81
recogHi.td BY ne National GorrHn No.
%" be- il pain. IngIe aIc il ih se states 10 10
cal uuctionaros L0und hy Constitutional Oaiis go, that
In fact there are constitutional Gncl1naursi ana
since tie State Government II necessarily composed o
such tgrctorires, dcre con be no state ''ov,fnneni
THUS for instance in south C1rolrn, Picken7 ond h'
associates fany call tens,iycs to NoFefnof fnd - q
isature. ana IN virginia Ietchtf tnn us fs7'lte'
NAV coll themselves Governor and IoCis 1tn but We
cannot recognize them ~ snch. Therefore, q ~
urefensons IN bchnf " State Government 200 tho " bel
S'atcs oppose the simple fact That fof Tire sine being
no such governments exist. The broad spefes one,
occupied by these governments are no" abandoned aud
vacated
The patriot Senator Andrew Johrson" continued
Mr. sumner fat fl among tie fit lees Gle Abiie
Of the SoutA-began nis attempt 90 rtorrinize Zen
nessee By an address, 90 ear as TIE isin oil A'doh
1902 IN which be made use Of these words;
u find most II No. en- q iAe oere' both ,'a's nd Fed
ea r1cafei sfir Nv ora aboHdrsrafo o. BY ~ aeoa q
ite Btsnff 81 attempting % ftb1T 1f Mfr 'i =
Der ia hofnhfs O. e Jgad0n lfr q ~ Sa;e and
s.bGeTsiye OF ~ National allegiance
"In employing resumes Mr. Sumner, the word
I 'vacLtcd Mr. johnson hfs lit upon tue very iorI
which ~ thc fsmous resolution Of 1919 wax held TO be-
noat effective ia Le.lIoumg King Jlltt" Sc.
So that there seems 20 be pr tiea' difference now
or formerly between President Jo rson AID Senator
sumner who is understood 20 De ths representative OF
the Radical theory regards the political condition
Of the Rebel States They only differ as TO where tic
power OF Intervention lies the latter holding thot 1t Is
in Congress while tie former as the Executive Of The
Nation has assumed TO exercise t. And GOubtless the
President, while acting upon what be deems al immed
ate necessity would readily concedc that The paramount
authority il in Congress Indeed he minated this in
bis remarks to the South Carolina delegation few
days ago, when he said that it VIII rest With that body
to receive or reject their representatives.
Vashfng,oH July g. ls6j FAIR PLAY.