The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-07-25
A Strong Appeal in Behalf of the Phi
ladelphia Convention.

lsfdelpiiid SollNSlllON.
Judge Il. Il. CURTIS, of Massachusetts,
whose able opinion in the DRIED SCoTT case
every lawyer will rccollcct, has written
letter TO the National Union Executive
Committee in favor Of the Philadelphia
Convention. Judge CURTIS has always
been regarded by the Republicans as the
highest authority upon constitutional
questions. He now makes powerful ar
gumcnt in defence of the President )
policy and to show the necessity and I'M
portancc of the proposed Convention. We
regret that we can find room for only a 'e"
extracts. Judge CURTIS says:
..,r,, unrh reflection. and with no par
tiality for Executive rr"srh w., linton ,hai IN.
,on'h~rn STAT, are now ~ riShiinIIy ana should
be AS caccnalIy. in the Union a. ihey were before
no madness of their people attempted 10 carry
m,p, "nt IL il and in this opinion believe ma.
i",IIy Of tho people of the northern states agree.
-" Tho natur, III our Government does not permit
,n,,itrrv ~ coma nest Neither does il permit the
people Of = State TO destroy the state, OF lawfully
Tui,ed states. One j. ~ consistent with our Con
s,itnt.on the other while that Constitution re-
mains operative, each Is impossible.
= IL seems 10 me grea; aud Fundamental error
to c"nionnd the case OF the conquest OF foreign
icrrtofy aud people with the care OF submission to
lawful aud established constitutional govern
meni, enforced through the powers conferred on
that government for that specific rurposs.' r.,..,
ITO suppose that tho Government OF the United
States can In state of peace, rightinlly hold and
exercise ahsolute and unlimited power over part
choose 10 do So appears TO me TO be unwarranted
by any rules Of public law, abhorrent to night
reason. and inconsistent with The nature oil our
Government.
when war has ceased, when the authority Of
the Constitution and laws Of the United states has
been restored and established, the United states
are in possession. not under y new title, as con,
querors. bat under their old tide, as the lawful
Government, Of the country and that title ha-
been vind,catod not by the destruction of one or
more States, but by their preservation, ana thls
tthe T.s,nrs,ion Of r"nuhican xovernmei,,s orsa-
uzcd in harmony with the Constitution.
- The y le Of Il conqueror is necessarily lncon-
sstoM with republican government, when can
be formed only by the people themselves 10 tx
press aud execute their will. s.-..,.,,,,, ,,,o
Aud IL the preservation Of the States within the
Union was one oi the objects cf the war, ana the!
can be preserved only by having rsRnPbltcfm *.
tut"n and such s"y.rnnl:nis car, De "tsni,lf1
only by the people Of 'h"s" states tnsn naasS
t n zs s f 70 '% "g.s %"c S%
ornaments. ond III. GoreTnm,m II he tnH'o
%'H'S "a" h"r. no TiWrr eWh"'"9m YF"nhn
their "rgnis0ii"n. But this right and duty oi lhe
people OF the several States can only begin wh.h
war ha, ceased and the authority Of the Constltn-
ton and laws of the United States have been
restored and established; and, from the nature oil
Ia" case, the Government Of the United States must
dct,Inn. when that tim. has come"
w. Ii i question of great interest, certainly, bdt
not, think, of great difficulty, how anu oy wn"ln
the Government Of the United States should deter
- The question whether ds .ficto governments
and hostile populations hav" been completely sup
du"d by arms, and the lawful authority oil me
United States restored and established, iSn mtit-
tnTH 0I1d er.cnfire 9".SitDn. N d"rS not 'eI"U'
t,g,s'Htc, "fiom ascertain thG necessary iasi,
aud RON the nature of the case, hgtSf"ttt' d6tr"
ctHn"t ct"nge ar mdt'ri"ifg GF'G h'm. ~ com
inauder in chief of the army aud navy, and ~ the
chief executive officer. whose unconstitutional duty II
j. to tina; the law, ar" faithfully executed, is
he ohcid dutg If ho PrsSjdem 10 know whether
rebellion has been suppressed and whether the
authority Of the Constitution aud laws OF the
United States has been completely restored aud
firmly established.
"fhe mere organization of republican govern
m.nt in harmony with the Union, by the people 81
one II the existing States Of the United States ff,
ynir,S no .HGbiiHy act If Congress, n.d I cin hHd
40 nuthorify in H. CONSTITUTION for any intsrJt
g,3tre by GoayrsSs To prohibit or regulate the or.
sarrizati"n Of such A@,ycrn'nent " Mt Propl, y
it il clearly necessary that the President should
act 20 far AT least a. I" Remove out Of the way mill
scriblr and do those acts which are necessary to
r"organile their government; This. ! think, he
bound to do a. soon a. he became salts fled
that the right time had come
This is the clcarcst exposition of the
relative rights of the President, of the pco-
pie, and of Congress, that We have seen. II
is worthy of a Judge OF the Supreme Court.
We commend it to the careful attention OF
the intelligent.
AS 10 the Convention, Judge CURTIS
says:
~ look Ia this Convention with hope that il
will do much To- help onward this instructive d"slr.
al the people Of the United States for union and
harmony and peace. That il will assert, strong ~
and clearly, those principles which are III" f"un-
daions uf our Government. that IL Will exhibit the
connection between th-ir violation ~ the present
distracted coalition Of our country that IL VIII re-
buke the violence Of party spirit and especially OF
that spirit of hatred which l. Inconsistent " it'll
the ira" love Of our country Us 1t Is with the true
love Of our brethren: ana that IL will do much L.
convince the people of the United States that they
must act soon, in the wlsest way, or suffer evils
which they and their pus-rity viii long dcllore.'