The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-17
The Authority of Congress Over til
d. RecOnstructiOn of the south.

The Authority of Congress Over the
RecOnstructiOn of the south.
From the Times.
Mr. Stevens bill in the House, and Mr.
Summers resolutions in the Senate, raise the
Southern question in form that will compel
Congress TO determine specifically the principles
and the policy to he pursued. In this respect,
both are useful. For, though the action pro-
posed by Mr.. Stevens seems somewhat in ad-
vance of the requirements OF the case, seeing
that Mr.. Spaulding's resolution in regard to the
Constitutional amendment is yet before the
Reconstruction Committee, the time for con-
sidering the general aspect of the question has
undoubtedly arrived. If, as is believed the ses-
sion should not close without final adjustment
of the question, consideration OF the principles
involved is now IN order.
Each OF the proposiC. ons at present before
Co 1gress proceeds upon distinct basis. Nj.
| Spaud ng would throw upon the Southern States
the onus OF determining whether they shall be
restored to the Union or remain as now, subject
to its burdens while deprived of its privileges.
He proposes only to exact the ratification of the
pending amendment, with evidence superadded
that the forms of local government are mot
inconsistent with the Constitution OF the United
States" The chance to return on these COhdi-
tions is offered, and the purpose of Con ress in
affording 1t is to be declared. The inference is,
that the South may OF may OF be restored; the
sole certainty eing that il canLot escape the
jurisdiction of the Federal Government or the
obligations it imposes, nor eVade the penalties
inseparable from exclusion.
MIR. Stevens, on the contrary, asserts that the
Southern States are States no more-that they
ceased to be such, as members of the Union,
when their citizens rcbeled against Union
authorlty-that they are destitute OF properly
organized Governmens-and that the United
States, having subdued the Rebellion, is called
civil authority. The doctrine of State suicide
is not, indeed, explicitly affirmed by Mr.. Ste
vens in his bill; but that it is the animating
principle OF the measure is made evident by the
terms in which North Carolina is designated in
the preamble and also in the body Of the enact
ment. ''SaG district formerly comprising the
State of North Carolina" is the phrase en-
ployed, and il is susceptible of no other inter-
probation than that the State, as such, has
ceased to exist.
The resolutions of Mr.. Sumner affirm what we
take to be putable-"the jurisdiction of
Congress over the whole subject" They further
declare the illegalIty of the existing Govern.
ments In the Retel States, the absence o! all
right on their part to representation in Con-
9ress or 10 vote on Constitutional amendments,
and "the duty otCongress to proceed with the
work of reconstruction" on a certain indicated
principle.
The duty of proceed ng with the work, and
that speedily, is to our mind obvious. The per-
formance of this duty however, will necessitate
an authoritative assertion OF one or another of
the principles embodied in the propositions to
be acted upon. Between the principle of Mr..
Stevens bill and the principle OF Mr. Summers
resolutions the difference Is entirely abstract.
Practically, it matters comparatively little
whether we declare the States non existent, and
leeisate accordingly, or whether we proceed on
the hypothesis that the States still live, but that
their disloyal organizations have been crushed,
and that their inhabitants must conform to the
VIII of Congress touching the organizations to
be created. The theoretical difference is never
theless of sufficient importance TO be weighed
carefully with view TO the constitutional justi-
ncatlon OF the course pursued.
Again, either OF these plans differ funda-
mentally from the idea which underlies Mr..
spauldng's resolution. To certain extent,
that is illogical. 1t presupposes as well the
continued existence of the States within the
Union, as the sutiiciency of local organization
growing out Of President Johnson's provisional
interference and dictation; yet it comedies TO
Congress the right to pass upon the local
forms of government, and to exact conformity
to its standard of the republican form. II
Congress may do this, it may do more. And
the power which may do this or more may
dispense with the ratification of the Amend
ment by the South.
Here, then, is the pitb OF the question as now
it stands at Washington. BY way OF compro-
mise, Congress is asked TO consider the expe-
| dienoy OF renewing the offer OF the amendment
| as an olive branch to the South; this time de-
| claIing IL to be the condition of restoration,
| provided there be nothing in local law or forms
| at variance with the spirit of recent Federal
| legislation. Or, spurning compromise, and dis
! caTding pleas for further delay, Congress Is
| invited 70 go on with the work OF Teconstruc.
| ton, with exclusive reference to the permanent
supremacy OF Union men and Union institutions
| throughout the South
The doubt which forces itself upon us In rela.