The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-07-28
The Philadelphia Convention and
Judge j. B. Curtis, eff Massa chusetts.


The Philadelphia Convention and
Judge ). b. Curtis, of Massachusetts
Judge CURTIS, of Pittsfeld, Mass, has writ
ten to the Hon. O. H. BROWNING, Washing
ton, favorng the Convention to be held IL
Philadelphia on the 14th of August next.
Judge CURTIS, it may be remembered, deliv-
cred an able opinion in the bred Scott case
and it is said his decisions upon constitutional
questions are held in high esteem by the Re-
publicans. He says ''the nature of our Gov
eminent does not permit the United States to
destroy a State, or acquire its territory by
conquest. The United States, i'll subduing a
rebellion, are to act within the limits Of pow
er conferred by the Constitution-and the
Constitution which authorized the war pre-
scribed the objects which alone can rightfully
be accomplished by it; these are not the de-
struction Of one or more States, but their pre-
servation; not the destruction of government
in State, but the restoration of its govern
ment to republican form in harmony with
the Constitution; not the acquisition of tho
territory OF State, and Of that absolute con-
troll over the persons and property of its peo-
pie which a foreign conquerer would possess,
but their submission to the Constitution and
laws of the United States.
"To suppose that the Government Of the
United States can, in state OF peace, right
fully hold and exercise absolute aud unlimit-
ed power over a part Of its territory and peo-
pie just SO long as it may choose to do so, APP
pears to me to be unwarranted by any rules
Of public law, abhorrent to right reason, and
Inconsistent with the nature of our Govern
ment"
The Judge proceeds
when war has ceased, then the authority
of the Constitution and laws of the United
States are in possession, not under anew title,
as conquerors, but under their old title, as the
lawful Government Of the country, and that
title has been vindicated, not by the destruc-
ton of one or more Stats but by their pre-
seryation; and this preservation can be work
ed out practically only by the restoration of
republican governments organized in harmony
with the Constitution"
"As Commander in Chief of the army and
navy, and as the chief executive officer, whose
constitutional duty it Is to see that the laws
are faithfully executed, it is the official duty
OF the President to know whether rebellion
has been suppressed and whether The author
ity and laws of the United States have been
completely restored and firmly established"
1.-The mere organization OF a republican
government, in harmony with tie Union, by
the people of one of the existing States of
the United States, requires no enabling act OF
Congress, and | eau fluid no authority in the
Constitution for any inter erence by Congress
to prohibit u regulate the organization of
such government by the. people Of an ex-
istinS State Of the Union. On the other
hand, it is clearly necessary that the President
should act, SO far, at least, as to remove out
of the way military restrictions ON the power
OF the people to assemble and do those acts
which are necessary to reorganlze their gov
eminent This, l think, he was bound to do
as soon as he became satisfied that the right
time had come.
"After much reflections and with no such
parlaity for Executive power as would be
likely to lead me astray, have formed the
opinion that the Southern States are now as
rg.tluIly, and should be as effectually, in the
Union, as they were before the madness OF
their people attempted to carry them out of
1t; and in this opinion believe majority Of
the people of tho Northern States agree.
':Fhe work the people are waiting to have
DONE this Convention may greatly help. If
1t will elevate itself above sectional passions,
ignore all party schemes, despise the sordid
and party scramble for offices, and fairly
represent the national instinct, that the time
'toao IS when complete Union of all the States
is a fact Which it is a crime not to accom-
plsh, its action cannot fail to be beneficial to
our country
81 look to this Convention with hope
that it will do much to help onward this in
stlnctive desire of the people of the United
MATES for union, and harmony, and peace
That it will assert, strongly and clearly, those
principles which are the foundations of our
government; that it will exhibit the connec
ton between their violation and the presen
distracted condition of our country; that
Will rebuke the violence of party spirit, an
especially of that spirit of hatred which is as
Inconsistent with the true love of our country
as 1t ls with true love of our brethren; and
mat 1t will do much to convince the people
OF the United States that they must act soon,
In the wisest way, or suffer evils which they
and their posterity will long deplore."
Such language, however, is not very likely
TO exert mighty influence upon the extreme
Radicals. They can hardly be supposed to
brook temperate counsel even from one whose
DECISIONS on constitutional questions they pro-
less to revere.
There is not enough Of the spirit of dsor-
der and disregard of law, nor of vindictvs-
ness towards the South, to render such
teaching popular with the dominant party
OF destruction There are some abstract views,
here and there, which are debatable, but, as a
Whole, this letter will be productive Of sub
stantial good
SUNDAY School ANNlvERsARY.-Ihe an
aliyersary Of the Sunday School attached TO
The Cumberland street M. E. Church, will be
celebrated tomorrow afternoo-, by singing
and otlo. W: