The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-01

II
ls practicablc; and If not, ne should at once bC
discharged from That custody aud handed ovel
TO the civil authorities TO answer any complaint
toat may be brought against him. We cannot
imagine any possible difficulty In the way o.
prompt action; and certainly nothing can Justify
the imprisonment of Davis or any other man
for so long time, without any serious attempt
to bring him to trial. He is not only entitled
TO speedy trial, in common with every othel
criminal, but the country is entitled to have
him tried.
We cannot help thinking that the Attorney
General can readily dnd some way out of the
dead lock in which this matter has so long re-
NAMED As it stands now, 1t reflects no credit
on any department of the Government
President johnson on the Constitutional
| Amendment
From the Herald.
We are sorry to hear from Washington that
| the President has authorized ''an emphatic
denial" of the statement that he was about to
modify his policy to the extent OF recommend
ing the Constitutional amendment of Congress to
the adoption of the unrepresented Southern
States A rare opportunity is now offered for
flank movement on the part of Mr. Johnson,
| which, If promptly seized and followed up,
| viii be as decisive against the Northern radi-
Gals as were General Grants hanking opera
| tlons against the Rebel army of Petersburg and
Richmond. We are sorry, therefore, to hear
| that Mr.. Johnson declines to avail himself of
| this golden opportunity, because he thus
leaves us to the conclusion that he compre-
hends neither the advantages nor the dangers of
his present situation.
We understand that he is opposed to the Con.
stitutional amendment now before the States
1rst because he holds it to be III violation OF the
fifth article of The Constitution which saws that
mo State shall be deprived without its consent
OF its equal suffrage in the Senate" When this
amendment was under consideration in Con.
grcss, eleven excluded States we're begging for
admission, which was refused. They we're
therefore (as we are informed the President puts
the case), deprived, without their consent of
this equal suffrage" which Re contends invali.
dates the whole proceeding. In reply, we have
to say that If President johnson has no better
argument than This in the premises, ne has not
an inch Of ground to stand upon. Holding hlm
rlgIdly to the Constitution, we might remind
him that there is no binding force in his con-
dltlons o1 restoration eXacted of the late Rebel
states until approved by Congress, the law
making power.
What he did, however, in the absence of Con-
gress, and IN the exercise Of the discretionary
war power conferred by Congress. we mold was
entitled TO respect; but at the same time the
powers OF Congress- over the general subject re-
NAMED unmpared Moreover, in this plea from
the Constitution, whereby the President il seems
would make it appear that this Thirty-ninth
Congress is invalid he condemns himself for he
stands committed to the validity of this Con.
eress in every bill and joint resolution passed by
It, and which bears his signature making II a
law OF the land. If his signature under the cir
Cumstances goes for nothing, then the Constitu-
tional amendment abolishlng slavery, with all
the legislation OF this Congress upon every sub
ject, goes for nothing.
We hold that If State, or say a number af
States, joining in a rebellious conspiracy, can
choose their own time wheu to 90 out OF Con-
gress, the constitutional quorum remaining of
Congress may prescribe the conditions of their
restoration, as involved, for example, in this
Constitutional amendment. The President him
sell is committed to this Judgment IN the sub
mission OF this amendment to the several States
Ills ClflClal act OV6rrldpS legal
he may now advance against il. He cannot 90
behind the contract to which he is party signed
ana sealed He cannot now plead the invahdty
OF this Congress, because it is too late.
Another objection of the President to this
amendment as we are informed, is his;--That
u ratified, the amendment will carry with it.
anyhow, the enforcement of universal negro
Suffrage, under that clause Of tie Constitution
Whtch DEGREES that 'the citizens of each State
snail be entitled to all the privileges and immu.
mites OF citizens in the several Statesn Ii
mere were3sany force in this objection it would
apply to the StaTes at this time in regard "a
suffrage, and might have been applied at anU
time since the adoption Of the EeS, ,oroI ConsIiJ
tuition. But the power OF reeulatine the cleo.
I've fanGmse IVA was left to the States by the
iettIto them in - lie beginning, and it is still
II,;;ros III =" mis- amendment. 1t only re-
66osad representation in Congress shall be
upon suffrage, one OF the Presidents
recommendations, and proposition so fair and
reasonable that it will unquestonably be rati-
ratify it,
Accepting therefore, our information of the
PresIdent'so biections as authentic, we would
} espectlully ADVISE him that they do not meet
the case, but react against himself We would
further admonish him that if he can advance no
better arguments than these against the Const-
tutional amendment, silence on the subject will,
for him, be the part of wisdom. The plea of the
lnvalidlty of this Congress is dangerous tal-
lacy. 1t has already startled the North if it
were the echoes of Fort Sumter, and with the
fear that it covers revolutionary danger. With
every wish 10 see the administration of President
Johnson a glorious and enduring success, and
desirous to aid him in the achievement of de-
cisve victory over Northern and Southern radi-
Gals, we would appeal to him, If he cannot con-
scentiously give this restoration amendment of
Congress his active support, to let quietly take
its course.
We recommend this alternative because the
administration can do no good and may do
much mischief to itself in any further attempts
to stem the heavy current of Northern public
opinion. The amendment is before the States.
Let them act upon IL, then, without further OBJ
structions from the Executive, since tits evident
that further resistance will avail him nothing.
He has still ''amplc scope and verge enough"
for brilliant administration in the rectifcation
of our unsettled foreign affairs and financial
system. Let him turn his attention 10 these
great questions, and we doubt not that while
still actively engaged in their practical solu-
tion, the results OF the Northern elections soon
to come off will convince him of the wisdom of
a speedy ratification of the aforesaid Constltu-
tional amendment by al! the excluded Southern
States.