The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-13
"UsurpotiOn Will Not BE Tolerated"

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occupy towards him precisely the same relation
as Massachusetts or New York. The only i'm
portant difference between their political condi-
ton and that OF these States lies in the fact that
while Massachusetts, and New York are repre-
sented in Congress, they are not; but their right
to be so represented is perfect. If their repre-.
sentatives do not occupy their places in the
Capitol, it is simply owing to an abuse ofpower on
the part of the majority. 1t is true that by some
theory of Mr.. Johnson's, the nature of which we
have never understood, and which neither he
nor Mr.. Seward has ever thought necessary to
be explained to the public, he, the President,
still possesses the power OF suspending the
habeas corpus, or rather of keeping it sus
pended, and OF exercising as much or as little of
the arbitrary authority which this gives him, as
he pIeases. But while claiming full discretion
in the matter, he has of late made some parade
OF refusing to interfere in State concerns at the
South. He has scolded Congress severely for
seeking TO exercise such interference tor any
purpose, however laudable, and has painted in
glowing colors the danger of not allowing States
TO manage their own affairs in their own way
no matter what present inconvenience or suffer
ing this abstinence may entail on individuals
In fact, ii he be not at this moment the great
champion of State independence, what is he?
what other political principle does he represent?
This being the case, most people will have
read with surprise his telegram to Governor
Wells, of Louisiana, taking him to task tor call
ing together the Convention of 1864 Governor
Wells, be it remembered according to this
theory, Mr.. JOhnsOn's pertinacious advocacy of
which is at this moment Convulsing the nation,
is responsible tor his acts, whether official or
noticial, only to the people of Louisiana.
The inquiry from the President why he calls a
Convention is either an impertinence or pri-
Vate communication from Mr.. Andrew Johnson,
OF Tennessee, which the Governor is at liberty
10 answer or not, he OpaSps. If the
Governor be legally empowered to sum.
mon Convention to revise the State Constitu-
ton, the General Government has, according
to Mr.. JohnsOn's message, no more right to
criticize his action than that of the Governor of
New York. If Governor Wells calls a Con
vention, not being legally empowered to do
so, the result is-what? That the President
may declare martial law, and take the
Government of the State INTO his own hands
That he may set aside the Governor and put the
Attorney-General in his place? That he may
break up the Convention by force of arms and
throw the members INTO prison? Nothing Of
the KIND. The question OF the legality or ille
gality of conventions, and of all other public
assemblies, is question for the courts, and not
for the President to decide. If Illegal the sole
result is that their resolutions, instead of being
Legislative enactmentj, become merely the writ
ten opinions of a certain number OF private per-
SONS, OF no legal force or effect. When the mem.
bers go home their work desCends into the same
limbo with the Saturday sDeeches of the House
OF Representatives, and there is an end of it.
Nobody has been guilty OF any crime; a certain
number of gen lemen have wasted some time
and that is all.
We have supposed Governor Wells ITO have
called the Convention. 1t appears ne did not do
so. II we conCede that the person who did call
IL was not clothed with legal authority to do so,
we still repeat that its meeting at his summons
made 1T simply an assemblage OF private persons,
and made its votes 50 many expressions of the
opinion of private citizens, The monstrous
phrases which we read In the conservative
press and IN Mr.. Johnson's kilograms asserting
it to have been Ian illegal and unlawful Con-
yention," and that this is n justification for its
torci0le dispersion, show how raOldly he and his
followers are drifting away from the great prin-
Cipes of American law, of which they profess to
be the champions There can, in this country,
be no such thing as an "HulaWtul convention"
or meeting, unless it be engaged in a breach of
the peace or the commission OF treason. it q
convention be not constitutional convention,
1t EeComes, no matter tor what purpose or by
whom II may have been called, not illegal, but
simply a meeting of American citizens, whom
Mr.. johnson and all civil officers are bound to
protect, even while uttering any sentiments they
please, however wild or violent or imprudent.
II they were to draw up resolution anneXlng
the United States 10 Hayt the resolution would
be not illegal, but silly; the members would
forfeit none OF their right to freedom OF speech
and action until they attempted to carry out
the resolution by force,
All this is SO familiar to every man and boy in
the country who possesses the slightest acquaint.
ance with the principles OF our Government,
that Mr.. Johnsons course with regard to the
Louisiana Convention, and the emphatic ap-
proval which the CONSERVATIVE" press is be-
stowing on it, are amongst tue strongest and
most alarming signs OF the times. Here are
men who profess to be engaged in the defense
of the Constitution and The rights of the States,
and who clap their hands when the Executive
sets ASIDE the Governor of State, directs the
military to suppress public meetings, and bOr-
rows in his denunciation of them the vocabu-
larry of the French police. We dislike arbitrary
af1A VUa orn n oil Cph for
treating the South as conquered territory. But,
il the South is to be treated as conquered ter
ritory; if its governors are to be responsible to
the general Government for their official acts;
or if the local courts are no longer to be allowed
to pass on the consttutOnallty OF local legisla-
tion, we believe thesereat majority OF the public
will, before very long, unite in demanding that
the South be governed by law, and lot by the
arbitrary will of one man; that the rules which
restrict freedom of speech and OF action shall
be drawn up by the whole Government, and set
down in black and white.
1t would not be necessary to add one Word ON
its atrocily to make the New Orleans tragedy
the most striking illustration we have yet had
The day he telegraphed to Governor Wells he
burst the whole bubble and more than Justified
Congress in its resistance TO 1t, even II that
resistance seemed factious. He showed that
there is no legal or constitutional principle at
the bottom OF it; that he insists upon it, not
because IT is either eXpedient or wise, but
because ii is has But the GOODNESS with which
he has rerained from expressing one word OF
honest indignation at the slaughter, in an
American CITY, of unarmed men, by mob OF
their political opponents, for political reasons
a mob, too,l composed in the main, no doubt,
OF men from the ranks of the Confederate army,
is, perhaps, the most alarming incident in this
sad affair. His speech to the crG Wd IN Wash
ington last winter filed the country with
anxiety 1t seemed to inaugurate new polit
cal regime, to throw a Mexican or French glare
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