The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-03
Falo-le-se Of Conservatism.


1T has all along been evident that the reconstruc
ton policy of President JOHNSON could not
possibly be defended upon the grounds held oy
our conservatives. The overthrow of the
Southern State Governments, the appointment
of irresponsible military or provisional Gov
ernors, the arbitrary calling of conventions, the
equally arbitrary dlctatioD of the terms OF sui-
frage and eligibility to Office by the Federal
Executive the prescription of certain terms ia
be complied with, such as the ratification OF the
anti slavery amendment to the Constitution, the
Reputation of the Rebel debt, ETC.. were, upon
ann conservative theory that we have ever met
with. nothing less than acts of pure and unre.
lieyed usurpation. That this is the light in
which these acts have been regarded by the
Southern people themselves is selfevidcnt. The
governments which the President overthrow
were governments of their choice; the officers
violently ousted by military force were officers
whom the people had chosen; the Provisional
Governors appointed over them were in almost
every instance, men who were obnoxious to the
people, and who could not command their suf
frsges; the conventions assembled by these
Federal appointees were in no sense the free
choice Of the people, nor was their action, in
such matters as the ratification of the anti
have approved and ratified. The whole matter
was a mere by-play, in which the masses of the
Southern people took no part. 1t was carried
forward and perfected by Federal agencies, pro-
tected by the military power of the United
States. The people acquiesced in it merely
because they could not resist. The entire action
of the Southern people, with reference to the
State organizations that have now become de
.eooI al, 40 ola
unmistakably done under duresS.
These views have just been authoritatively
set forth by Chief Justice RUFFIN, of North
Carolina, fcrmer member of Congress, cousin
of the notorious EDMUND RUFTIN, of South
Carolina, who fired the first shot at Fort Sumter,
and committed suicide when the South was
whipped-and a most accomplished scholar and
iurist. In an able argument against the adop-
ton of the Constitution of North Carolina,
framed by the Convention called by the Provi-
sional Governor, and elected in accordance with
terms prescribed from Washington, Chief JUS
tice RUFFIE says:-
81 consider that this is no constitution, be-
cause your Convention was not legitimate
Convention, and had no power to make a con-
stituuon for U.S. or to alter that which we had
and haze. | object TO the organization of your
Convention because it was called without the
consent Of the people, by the President of the
United States, or under his orders-Gn act of
clear ana deSpotiC uS10rD0tiOn, which could not
give the body any authority to bind the STATE or
Its inhabitants. Ii ii be said the President, or
his sstrap-hjs Governor OF a province-did not
call, or rather constitute the Convention but
the delegates were elected by the people, aud
thereby the body was duly constituted, deny
1t directly and positively. Mr. JOHNSON required
Convention TO perform certain specific acts; to
annul the ordinance of secession and tender a
return to the Union, or claim Its continued eX.
Al,n No. .k,..f, rs ,Aol
States; TO emancipate the slaves, and ordan that
slavery shall never hereafter exist in this State,
and to repudiate that State war debt. All
these were done; the two first promptly and in
satisfactory terms; and the third, at the last
moment andeT su5ection and IN conformlty to
orders, after having once refused to adopt the
measure. All was done, l say, that was re.
quired; and Mr: JOHNSON proclaimed That he had
got all he 1Cdnted."
Speaking of the authority of this Convention
to frame constitution for the people, he indig,
nantly denies it, as follows:-
'The pretension is without parallel or prece.
dent, until the present term OF radical assump.
ton of power in a dominant military or hume.
Tical majority without respect for rights or the
Constitution. As far as hey safety can, and
whenever they can, the people ought to resist
that preenslon. This they can peacefully do
when called on and allowed to vote; and trust
they will do so this occasion without com.
motion, in support of the great principle of
human IbeTty-that people have the right to
make their own Constitution, and not be made
subject 10 one imposed OT them By force or fraud,
by an e1trdneous polDeT, or by fraction of their
tellOw-citizens.n
Now, upon the conservative theory-the theory
of the very men who are so busy and boisterous
in denounclng Congress and lis plan Of recon.
struction- Chiet Justice RUFFM is right, and
his positions are perfectly impregnable. And
the conservatives, in pretending to support the
Presidents plan OF reconstruction, are placed in
a very awkward and illogical position. They
are made to sanction what, on their own
theory was most palpable injustice and lost
gross usurpation. While denouncing Congress
they support the President. Congress has over
thrown no State Governments, removed nc
State officers legitimately chosen by the people
appointed no ''satTaps," as Mr.. RUFFIN tersely
calls them, called no conventions without the
consent of the people" imposed no constitutions
upon them "by force or fraud" On the con
trary, Congress has been inclined to fairly con
siler the matter, and see whether these Govern
ments, 30 formed, as Chief Justice RUFFn
describes, we're really valid aud Legitimate
Recommendations they really represented
the people, and whether they were truly repub
lican in FORM If these State Governments ar
Justly obnoxious to the objections so yigorousl,
urged against them by this high conseryatly
authority, then it is matter of very grav
doubt whether the admission of States into th,
Union under them would not be to sanction an,
perpetuate ''usurpation," and to commit tn
most grievous wrong upon the people.