The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-30
MONDAY, APRIL 80. 1866.

oath ult., by the Honorable LEONARD MYERS,
of this city. 1t is an able and temperate
argument, based upon practical common
sense considerations. he deems it useless to
discuss whether the Rebel States have ever
been out of the Union; but contents himself
with the following statement of facts, upon
which all can agree:-
'For four years these eleven States we're be
yond the national control. They de6ed the
Constitution and laws of the Union. They set
up q new Constitution, anttrepublican and
founded on slavery. AS States, so far as they
could, they severed the bonds which knit them
to the rest. They broke up their old State gov
ernments and erected new ones, and made new
laws to suit the condition they were trying to
bring about. Whether they we're in or OUT of
the Union is quite immaterial. Only three
davs before his death Mr.. LINCOLN pronounced
this a merely perniclous abstraction, we all
agree said he, that the seeded States, So
called, are Om of their proper practical relation
with the Union, and that the sole object OF the
Government, civil and military, is to again get
them into that proper practical relation Presi-
dent JOHNSON in his annual message, tells us
their functions are suspended | accept these
definitions, and believe In them"
These States being thus ''out of their prac
tical relations with the Union," as Mr.. LIN
COLIN expressed it, or "their functions being
suspended" as Mr.. JOHNSON calls it, the
power these practical relations, these sus-
pended functions, can be restored? His
answer is emphatic-that in this country the
IG,U-mdking power is supreme, and except
when the assent of the Executive aids in
passing the law, his sole power IS to execute
it. Either then, these States could legally
restore themselves, or Congress, the law-mak-
ing power, must do it. This point is strongly
put, as follows:-
"Either the rebellious States could legally at
any time during the Rebellion have resumed
the places in the Congress OF the Union, or
they could not. If the law then now would
have permitted it, then or now it could be done
without order, direction, or authority from the
President The decision, then, rests either with
these States or with Congress-"
But the idea would be monstIous that these
rebellious States, while making war upon the
nation, could have sent even loyal members
to Congress; and equally absurd is it that the
mere fact of their having been unsuccessful
in their nefarious attempt to overthrow the
Government should at once and of itself work
their immediate and unconditional reStora-
ton to participation and power in it. Hence
the whole matter rests with Congress. This
is clearly shown to have been the opinion of
President LINCOLN, repeatedly and explicitly
expressed in his official utterances, as well as
of the previous Congress.
The conditions of restoration thus resting
with Congress, Mr.. MYERS next proceeds to
inquire, What are the conditions on which
any rebellious State shall be entitled to repre-
sentation in the National Councils? And he
replies as follows:-
''That it shall conferm by itG Constitution aud
laws TO the change in political relations brought
about by the war, accepting the issue in good
faith, submitting TO such acts OF Congress, aud
ratlfying, ii required, such amendments to the
National Constitution as fairly aud equally EN-
bydy the results ofthis great change"
This great change is that from slavery to
freedom; and it requires, first, "that no law
of any State lately in insurrecton shall impose
by indrection servItude which the Consti-
tuition now forbids;" and, secondly, "that each
State shall provide for equality before the
law, equal protection to lite, liberty, and pro-
perty, equal right to sue and be sued, to
inherit, make contracts, and give testimony"
But, in addition, there are certain other
great results of the war which should be for
ever embodied in the organic law by constl-
rational amendment. One of thes is to de-
clare by constitutional amendment that no
part of TIE Rebel debt shall ever be paid by
the United States. The war debt OF the
Union must be sacred; that Of the Rebellion
forever excluded.
Another and more vital amendment is one
which shall secure an equal and uniform
basis of representation throughout the
Union. The restoration of the Rebel States,
without the previous adoption of this amend
ment, would give to each white man in the
South representation in Congress and in
the Electoral College nearly taoice that en-
joged by each luhite man at the North This
can never be consented to. Mr.. MYERS goes
into the history OF this iniquitous scheme o
representation, and shows 80 fully and clearly
the bearings OF the entire matter, that we are
constrained to give this portion of his speech
in full, and to ask Tor it the careful considera
ton of every citizen. He says:-
"But there is another amendment needed, in
volvlDg a vital principle, which was partially
yielded because of slavery, and should now b.
relnstated.
"Under article one, section two, of the COnsti
tuition
"RepresentaiivesVand direct taxes shall be appoT
toned among the several States which may be in
cluded in this Union according to their respectly
numbers which shall be determined by adding to tn
whole numDeT OF Tree persons including those boun
70 servlce '1b te[h OF years aud excluding lndan
"Every one knows that this three.ftths claus
was inserted because OF the existence of slavery
IL was only passed after much debate and heale
discussion In the Convention which adopted tn