The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-27
A Great letter.


curtis was one Of the Associate
Judges Of the Supreme Court at the
time of the Dredd Scott decision bv
that tribunal, and delivered O power
full argument dissenting from the
opinion of Chief Justice Taney.
The following is one of the ablest
arguments we have read in favor of
the restoration policy Of President
johnson. We commend it to the
attention Of our readers as coming
from source which has always COM
manded the support and endorse
mcnt of the Republican party, and
as q masterly review of the position
Of public affairs:
CATER much reflection, and with
no partiality for Executive power os
would be likely to lead mo astray, I
have formed the opinion that the
Southern States are now as rightfullv.
and should be as effectually, in the
Union rs they were before the mad
ness of their people attempted to
carry them out of it; and, in this
opinion, l. believe majority of the
people of the Northern States agree
''Thc nature of our Government
does not permit the United States to
destroy State, or acquire it's terrific
~ by conquest. Neither does it
permit the people of State to de
stroy the State, or lawfully affect, in
II
the United States. One is as consis-
tent with onr Constitution as the
other; while that Constitution re-
mains operative, each is impossible.
: 1t seems to me a great and flnl,l,-
mental error to confound the case of
the conquest Of Il foreign territory
and people with the case of submis-
sion to 4 lawful and established con
stitutional Government, enforced
through the powers conferred on that
Government for that specific pur-
pose.
10 suppose that the Government
of the United States can, in Il state
of peace, rightfully hold and exercise
absolute and unlimited power over a
part of its territory and people just
so long rs it may choose to do so, APP
pears to me to be unwarranted bv
any rules of public law, abhorrent to
right reason, and inconsistent with
the nature of 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 n
new title, as cOnquerors, but under
their old title, as the lawful Govern
ment of the country; and that title
has been vindicated, not by the de-
strnction of one or more States, but
by their preservation; and this pre-
serVatlon can be worked out practi-
caliy only by the restoration of Repub-
llcan governments organized in har-
mony with the Constitution.
The title OF Il conqueror is neces-
sarlly inconsistent with Il Republican
Government, which can be formed
only by the people themselves. to ex-
press and execute their will.
And if the preservation of the
State within the Union was one of
the objects of the war, and they can
be preserved only by having Repub-
lcan Governments organized in har-
mony with the Constitution, and
such Governments can be organized
only by the people of those States,
then manifestly it is not only the
right, but the constitutional duty Of
the people of those States to organize
such Governments; and the Govern
ment of the United States can have
no rightful authority to prohibit
their organization But this right
and duty of the people of the several
States can only begin when war has
ceased, and the authority Of the Con
stitution and laws Of the United
States have been restored and estab-
llshcd; and, from the nature Of the
ease, the Government Of the United
States must determine when that time
has come.
lit is question Of great interest,
certainly. but not, think, of great
difficulty, how and by whom the Go
vernment of the nited States should
determine when that time has come.
The question whether Ms fucio
Governments and hostile papul4 tons
have been completely subdued hv
arms, and the lawful authority Of the
United States restored and establish
ed, is military and executive uues-
ton. 1t does not require legislative
action to ascertain the necessary
facts; and from the nature of the
case lo0iS)ativ action cannot ,.l,o,oo