The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-08
important Conservative Concessions.


EX.JUDGE B. r. CURTss has written letter on
the subject of reconstruction, which, although
dictated in the conservative interest, seems to
US to conceoe the entire ground upon which
that party stands. He says:--
''And il the officers OF State, having actual
control OF its government, have di5Obeved the
requirement 70 swear to support the Con5tltu-
ttOn, and have abused the power OF Lhe Shte oJ
making war on tbe United States, lnis presents
the case Of an usurplng aud unlawful govern
ment OF State, which the United states may
rightully destroy by force; lor undouo.edly,
the provision ot the Constitution that 'Cae
UnitPd States shall guarantee to every StaVe IN
this UntoR republican form OF goyernmenp
must mean q republican form OF government IN
harmony With the Constitution, and which IS So
organized as to be IN tts U"'on."
1t would seem, then, that State may be so
organized as not to be ''tn this Uhjon," and that
rebellious State IN king war upon the United
States is Just in that condition. 1t also seems
that "the United sta es may TjJhfU'y destr0yby
force" the Government of any State in suca
condition. This completely upsets the conser.
vative theory that the rebelous States have
never been Out OF ,he Union, and have lost none
of their rights by rebellion.
But when it is on e admitted that the secad-
ing States lost their status in the Union Dy the
Rebellion, and lost their republican forms of
government, then the whole case is conceded to
the radicals, for ali that remains is to inquire
who can admit States into the Union, or who
can re-establsh in them republican forms of
government? The Consultation furnishes us
with the reaOy answer TO these questions.
Congress is the only power that can admit
States into the Un on, ana Congress is the only
body that can prescribe the rules AMI regula-
tiJns whereby republican forms OF government
can be established.
1t is plailly not the work of the Executive,
for his whole function is limited To the execution
oflaw. He cannot make State, nor can he
admit it into the Union. 1t cannot come within
the functions of the Pre- ident a. Commander.
in-shief Of the Army and Navy. He may over
throw the rebelous State, for that is WORK OF
arms; but he cannot restore on reorganize IT,
for that Is purely work peace. 1t is entirely
a Ciua, as distinguished from a military ope.
ration.
Much less can the people themselves, who, by
their own rebellion, have taken the State out OF
the Union, and destroyed its organization,
voluntarily ard of their own motion re-es,ablish
their Government, and restore their State to its
previous condition in the Union. To suppose
such power as this conferred upon re5eS by
our system Of government would be prepos-
ferrous. Besides, our form of government
knows no such thing as spontaneous organiza.
ton outside OF the forms OF law. If State
Government is to be organized, some competent
authority must call the convention, must pre-.
scribe the terms OF suffrage, the qualifications
for office, the method of making returns, and
the whole complicated routine of proceedings.
II will not do for Tom, Dick, or Harry to
usurp this authority; for one party might order
an election upon one day, and another upon
another, and neither would have la wful autho.
ritg to bind the acton OF the other All such
sporadic and spontaneous movements are totally
outside OF the la aud unknown to it.
Some higher authority must settle these pre-
limnaries, so that the movements of the people
shall be orderly, regular, and lawful. This
higher authority is the people OF the United
States, acting through their representatives in
Congress assembled the constitutional law
making power OF the nation.
This is the Republican theory, we under
stand it, And we submit Iha. it adheres through
out to the Constitution and to the spirit of our
form of government. Every other theory that
has yet been advanced leads, in our opinion, to
anarchy on the one hand, or to usurpation oa
the other.