Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-05-07
LETTER FROM WILLIAM PRICE, ESQ.
10 the Editors Of the Daily Comn.erctal.,

party excitement, there might be persons who would
noC hesitate to charge me with diSloyay to my Gov
elhment, but scarcely thOughtit possible that such
an accusation would, with the record of that paper
net9re the world, come from the Baltimore 4meican
IN lt' issue OF Friday, however there it is in plain
terms. am there classed with such men as ane md
Lowe, and denounced intending in order to accom-
psn own personal schemes, to hand over the State
TO the rule of copperheads and rebels NV friands
may he pleased to learn that am neither crushed nor
proken by the onslaught but the contrary enter
tam lively hone that may survive the infiction.
II Is not. however, for the purpose of making a
quarrel with journal which never could understand
now any person could differ from the opinions which
1t might happen for the passing hour to entertain
Wllhont being actuated by sinister or corrupt mo-
ives Ihat ask place in your columns for really
can lGd better employment for my time but con-
sde the occasion not inappropriate to Law before tha
people Gf my native State few calm, sober and sim
eeTe rehectOns, containing the reasons why am not
ao!e 10 agree with the majority in Congress in the
pan presented BY them for the reconstruction of he
Ohlon' and on the contrary why do most cordially
accept, and intend with my whole heart to supnort
~ ny pan OF the President as comprised and explained
II ms Vcto and other recent messages to Congress
sSall no man motives, but shall take it for granted
tnat those who control the proceedings of Congress,
and whose course as public servants it is nv priyi
Igge 70 erlhclSe are as honest and patriotic as
claim to be myself
| have watched the progress of the rupture be-
majority in Congress with deep interest and still
DEEPER regret There is right and wrong in it,
ana every man who loves his country. and has the
power Of thinking fer himself is bound as far % in
MN hes, to ascertain where the tight is as between
thIse parties; and having accomplished this object
Is bound TO stand by the right even should he stand
alone IN category by himself T. for one am not to
be bued nor dragooned into the expression of opn-
ions which do not entertain, or into the suppress
SION OF sentiments which | do entertain
. NOW, what is the issue before the country? The
resident OF the United States during the recess of
iny to wheel into the Union line the great States of
the South. He had restored the mail with its at
NO Grande. He had re-eStsbShed courts of Justice
with all their machinery and appendaggs in order
that wrongs might be redressed and contracts en-
laws and not bv violence lie Md iTsi]tufed an
entire system for the collection of the publicreyenne
both as I" duties upon importations and the assess
ment ana COLLECTION OF Internal taxes. lie had in
snort restored the blessings of regular government
IN all tho nsurrecOnary States with the single ey-
CgPph Oh thelr right OF representation in Congress-
Wllch was pe' ond his power and therefore left
ior he action Of that body when it should assemble
in December.
Until the meeting of Congress there was no whis-
per OF dscontent with the executive plan of resora
ton- 1t was '3rtlcGlarly acceptable TO the South
from all parts of which reports were continually
coming up, Of the wise, moderate and humane policy
OF the PRESIDENT in mana ming The right of the black
r-ee under the authority hen vested in him. and in
bringing back the States to their positions and their
rights under the Constitution.
Congress at length assembled; the Senators and
Representatives from the South appeared and claim
ed their seats, but the doors of both Houses were
closed against them. The Clerk OF the House took
il upon himself to refuse to cali the names Tennes-
see. which bad given to the nation worthy Presi-
dent, and which to the House as loyal repre-
sentative any other in out Of Congress- was told
that she, though one Of her was occupying tho
Executive chair Of the Union. could have no place in
the national legislature Time passed on. and the
Southern members left Washington for their homes
In the meantime Reconstruction Committee was
apponed by the JOINT action of the Senate and tho
House And now after five months deliberatiOn that
committee has reported It's plan, which comprises an
amendment to the Constitution OF the United States
and two bills, and the long and short Of it is that
eleven States Of this Union are to be kept out of
Songres or three years come until after the
Presidential election Can wise or patriotic men
any where give their sanction such an enormi-y?
canUo5 Tor one, and proceed to assign some of the
reasons which have conducted my mind TO this con-
ciusioG.
Tha fifth article of the Constitution declares that
no State without its shall be deprived OF its
equal suffrage in the Senate" have sworn to sup
port that Constitution, and yet I am expected to
agree to a proceeding which deprivrs for years to
come elevon States of their equal suffrage in the
senate Nay, am denounced as a traitor for de-
c!lnins to give my consent to any such plan. The
majority in Congress profess to obedience to the
and when they run against clause like this they
make no explanations-tbey attempt none. Tho
words are positive and they cannot be explained oui
Ot tho instrument. And whct, tiIen is to be done?
They resort to their great pGnacea proposed amend
ment Of tho Constitution and until the states can
yes or no to the amendment, things 10 remain
and the StatcS are excluded from their representa-
Senate"
Now. | appeal to every man in the State Who has
the maniiness to rely upon his good sense to say,
whether n more daring usurpatiOn can be conceived
than the exclusion of the Southern Senators, ia the
face Of this express command of the Constitution?
But there is another clause of the Constitution
under favor of which, it may be, sad Congress may
shut out the members of any of the States as long as
it may fit. 1t is the 5th section of article and
first clause and reads thus: Each House shall be
the judge of the elections returns, and qualifications
OF Its own members" Now, what does this mean?
It can have nut one meaning, namely. that all the
States being equal under the Constitution each shall
be equally entitled to elect and return its members
who shall be entitled take their seats subject to
the single provso that the House to which they are
delegated shall have the right to look into the case
OF each, and determine whether they have been
legally elected legally returned and legally qualified
If the Of the individual, the clause being appli
T%ie Gl i, TO the Individual members adision is
whom II deVOves to make another trial and correct
the faults of the first election.
But was it ever imagined that this clause would be
quoted and relied uloH TO justify the total exclusion
OF whole States from their representation in Congress
and that, too. without looking INTO the election re-
turns or qualifications OF any cne of heir members
II q man has been traitor-if be has borne arms
against the Government, he is not qualified, and
ought to be excluded; but true man and good
man, coming from the heart of the rebellion is better
e&tt!ed to his seat than many furious brawling pa
trotS who have passed through such trials.
And now, what We to say to the habit which the
majority in Congress have fallen into Of prOposinr
amendments to the Constitution. whenever they do
not happen to like its provisions doubt The right
OF this Government TO change the Constitution, and
then compel the insurrectonary States come back
make this plain,
We made war upon the South because they broke
the covenant made between their fathers and
Iha object # the war was 10 make them keep that
covenant. 1t Was contained in the Constitution of
the United States NOW, every man Of either judg-
ment or conscience will perceive that in order 10
keep ourselves IN the ri.ht aud to make our quarrel
Just before God and man, it became essential keep
was handed down to US by the great and 20 d men
VINO made It. Ii will be perceived by every man
With either mind or conscience, that the moment we
changed the covenant we released the Southern
States from any and every obligation TO obey it.
" nat right had we 10 change the Constitution, and
then to invade their country, batter down their towns
ana destroy the yeS OF their people IN order to force
them back to covenant which their fathers never
made with ours, and to which they have never given
any sort of consent? To do this would be violence
not law. God has 10 attribute tha could take sides
" th US in such a quarrel"
i may be asked whether anu opposed to the eman-
cipatOn Of the slaves, and say no, decidedly. That
policy was inauguratGd by Mr.. LincOln's proclama-
ton Of emancipation Of January. 1868. 1t was n wise
a bold. and decisive measure. 1t saved the Union.
1t was Tesoried to at time when nationality WIS
Ia danger and when paper Constitutions could not
he permitted to stand IN the way Of national saliva
ton. But times are ch5nged the war is over, peace
Is restored aud the obligation of man, and
pecially OF every public functonary to obey the Com
stitutiOn, has resumed its full sway minds
and cOnSclences.
The next question for examination is the Civil
Rights hi that bill which seeks to for the
equal civil rights before the law" as the
phrase goes, with white persons. And the question
is has Congress the right to pass SUI act? For,
If II have, then Congress has obtained power which
never grsntcd TO It, ami the States have lost
power with which they never parted in their grant
of powers to form the General Government The
question is one of vast Importance, and every man
should spare the time and the trouble necessary
understand it for himself.
Al the formation of our complex system the great
problem to be solved was. how to frame two govern
nents for the same people and the same territory.
The States having separately their own governments
the problem was, how TO e1gTatt upon them another
government binding them together as q whole, aud
acting lOr them in the aggregate whenever the whole
was to speak or the power Of the whole to be eIeFc
tor the common good. This problem had to be solved
lust scheme lltV had to be formed and
the Convention Of lTSi was called together, with
Washington at its head for the purpose Of executing
that very task, and they succeeded in producing
the result OF tGcr labOTSr the Constitution Of the
United States, which has been pronounced by an
able writer 20 be the masterpiece Of political work
.lEaushIu.' Those two governments have been i'll
successful operation from lS9, when the Constitution
was adopted by the States TO the present day. and
never have they come once into collision.
he State governments came first in the order of
things They were the propretors of the soil before
the General Government in existence. Iheir
powers were original and Inherent They parted with
the power necessary form th General Government
and all powers not necessary for that purpose were
retained by the States. The Constitution of the
United states Is therefore instrument o. positive
grant and the General Government can neither claim
exercise any authority which is to be found
in express terms in this grant, which arises from
necessary implication out of the powers preSsy
granted.
The mass OF powers retained by the States. comprise
all Such as relate to their extension and domestic
cerDs and not necessary to the construction of
eminent for the entire nationality The States have
retained therefore, the entire control of the titles
lands and personal property the law Of contracts the
constitution and regulation of the State cours-the
rio n 1raO hpIn WIT tha CFo4,e