The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-31

Philadelphia Convention is to be carried out,
we have not enacted the same terms OF sur
render. The Government of the United states
had the right TO name the terms upon when
the South should Oe readmitted to the Union,
and they would have been instantly and eagerly
subscribed TO, had they been never so hard and
severe. President johnson takes power for
which there is no warrant in the Constitution,
that no State should como back until 1t passed
the Constitutional Amendment abolishing
slavery, and until II agreed to annul and make
void its ordinances of secession. If those States,
as is now claimed, had all their rights in the
Urion-that 49, if South Carolina had the same
right as Massachusetts, and II in exhibiting that
reht-it Massachusetts, men ana South Carolina
men were bound to march arm In arm for an
exhibition anywhere-why did the President
undertake to put condition upon the Southern
States ofGeoreia, Alabama, Mississippi, and other
Iebellious States? / was saying that If at the
moment that President Johnson issued his order
that these States should not be allowed to have
any other than q military government until they
passed certain aCts-One Of which was to nulhty
the ordinances of secession, and another to
adopt the constitutional amendment abollshng
slavery-lf at that time it was competent for
me to make that order, should put it that
these States had been i'm rebellion-their rights
had been captured, and 1t was for the United
States to say upon what terms they would take
them back. Nowhere in the Constitution. l
can safely challenge any constitutional lawyer
in the country to put his finger upon a passage
anywhere which gives the President right to
say to State in the Union, do this or do that,
",
or that proposition. President johnson gave
them orders as their Chiet Executive because he
recognized that those States that had rebeled had
a different position in the country from the oyat
States. Let me repeat this, because upon this
hangs the whole question. agree, il these
reyolted, rebeliiGus Confederate States have
never lest any of their rights by the war or
their past acts if they have the same rights
that they had before the war, then no man
has right to keep cut their representatives, or
to impose any condition upon them, and there
iOIe when gentlemen say to me, Congress has
no right to saw what Massachusetts shall do"
! agree. Neither Congress nor the President
has any right to say what Massachusetts shall
do, or Pennsylvania, or New York-or omit 10
do. But when Massachusetts, rebels against
the Government, and takes arms and after four
years or tour months is subdued, alter she has
TO surrender because she cannot fight longer,
and lies bound hand and foot before the power
OF the United States, ! VIII say that Massa-
chusetts then has lost her riehts, and that she
has 10 come under the law of the con
queror, and can come back into the Union
only when, IN the judgment OF the loyal States, 1t
shall be Tor the benefit OF the whole country TO
receive her back. Congress came together in
December ard for the first Ume the President
cnunCiated the doctrine that these States had
right to representation by loyal representatives.
1t always seemed 70 me thai there was a iallacy
III that statement, that it was sophistry, and
have seen very many good, honest loyal men
that were stumbled by this argument why
won't CONGRESS admit the loyal representatives
into the Union? Is it not wrong for CONGRESS
to keep out loyal men? Suppose the South is
Gisloyal and sends loyal representatives, why
should not they be admittedW Suppose, my
friend, you who have doubt upon this ques-
tlon-suppose the loyal States should send dis
loyal men 10 the Congress of the United States
will you admit the dislOyal representative? No,
because he misTepresents his constituency, and ne
ought not to ce aomitted. Suppose disloyal con-
stItuenCy sends loyal representative, should he
be admitted? No. Why? Because he misrepre
sents his constituency. le it not perfectly an
font and ,,pt{ {n hn
by any altifCe-tha the right OF representation
is not the right of the representatives, but of
the constituency? If the constituency is loyal,
then it Will hardly do to inquire into the loyalty
OF the representative, and, therefore, we all
applaud the answer OF John Randolph. When
asked if he was old enough to cometo Congress,
he said, ASK my constituents" 1 assume that
President Johnson believed that they were
loyal, and that they had surrendered in good
faitlI. NThuG II Su.EIoSvi line, Ia SoUd faithY
suppose that q horse-thlef when he gets in
State priCon, surrenders the right OF horse
stealing in good laith. He doesn't mean to steal
any more until he gets out. (Laughter.) They
surrendered not because they wanted to, but
because they were Obliged 10, not from love of
country, but from tear; they surrendered be-
cause they were whipped, and soundly whipped,
too. / think l do no discredit to Plesi-
dent johnson to say that think he was mis-
taken. These men said we have surrendered in
good faith; we have agreed to take up our rela-
tons IN the United States; and in 1865, in May,
June, and July, that was their feeling. They
v,
Lord, Lord, what will you have us to do ~
But the difficulty was, they found that they first
obtained pardons; and second, that they were
sustained by the President; and third, that the
North was far too lenlent and tor9ivin9; and
then arose this most monstrOus theory that they
had all the rights which they formerly mad under
the Constitutions that the terms which sherman
gave to johnson, and which the President OF the
United States rejected, were the true terms on
which they surrendered. When did they get these
terms? / understand that Alexander II.
Stephens, one of their ablest men, claims that
they are not responsible for what was done in
their absence; that those Rebels who lett their
seats have the right to come back and vote upon
the question whether men and money should be
furnished to put down the Rebellion. And the
answer of Mr.. stephens before the Committee
of Reconstruction is, that the South are not
bound by anything done in their absence; and
l the bounties of our soldiers are not binding
upon them; pensions of our widows and orphans
are not binding upon them, because they were
unfortunately absent when they we're voted
(Applause.) In the spring of 1865 they were
ready to accept any terms, but they went
on claiming right after right until at last
| the question came between the President and
Congress. The President claimed the right to
say when they were in fit condition to become
| q portion Of the Union, and Congress claimed
that il was the right of the whole law-maklng
power including the House of Representatives
and the President, to say when these men were
fit to come back; and this is the struggle. The
| issue is now made. When we talk with anybody
| who claims to support the policy of President
| johnson, he Immediately tells us about the Con-
stitution and the wisdom of our fathers, and
that he is content to do as our fathers did. So
am l. What did our fathers do? | won't cite
| Massachusetts, for she was always thought to
| be rabid: but | will take the State of North
| Carolina; and at the end of the Revolution
| what law did she pass? She gave the tory am
nestv for all his past misdemeanors, protection