The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-03

'Acoincideh with President Johnson IN 1860. we
ACCEPT the Presidents new departure as an ap-
proach 10 a reconciliation with Congress, and
perhaps the Chief Justice may be aiming 81 this
object II must not be forgotten, however, that
though thrown In the back ground by President
Iincoln's superior claims and popularity IN
1864 Chief Justice Chase is still supposed 20 De
looking to the Presidential succession; and that
in this view, in 1866, with the collapse OF the
sionary in the South, in favor OF universal sut.
frage, negroes and all. We must not forget tnat
General Grant stands on the amendment piat
form, and that the Chief Justice may be aiming
to set up another. ...
As to Southern restoration, IL is q matter OF
no material importance whether the Chief JUS
tice comedies with the President or opposes MS
plan, inasmuch as the plan o. OongtesS nd nas
people of the Union, thus making II the duty OF
Congress to cooperate with said States and
people to engratt this plan upon the Gonstltu-
lion as the supreme Law of the land. The plan
of a general amnesty in exchange for universal
or impartial suffrage does not reach the case,
and unless put into the Federal Constitution
will amount to nothing; and so with every other
plan. Virginia or South Carolina, tor example,
may agree to anything and everything you pro-
pose as terms of restoration to-day; but unless
this agreement be fixed in the supreme law of
the land, she may reject everything the day after
her restoration to Congress. There is no
security for the future short of q reconstruction
of the Constitution itself, and this is the secret
of the astonishing unanImity and force with
of Congress.
II is as plain, too, as any conclusion from the
rules of logic, law, mathematics, or common
sense, that ii the States excluded from Congress
have no right to a voice in Congress as they
stand, they have no right to voice in revising
the Constitution. Their Publications of the
amendments abolishng slavery amount to
nothing, Notwithstanding Mr.. Stewards official
proclamation of their validity. They are null
and void, because If those States we're not legally
restored they had no right to be included in the
ratification; and, if legally restored, the Presi-
dent had no right to coerce them to o rattca-
tion. But this does not affect the amendment,
which, by the approval of three-fonrths of the
States de fdcto and de j1V'e constituting the Gov
ernment of the United States, has been made
part and parcel OF the Constitution.
We presume that one of the first acts of the
two Houses of the approaching session will be
declaration to this effect. is fully authorizes by
the overwhelming popular verdict OF the States
holding the Government. With such decara-
ton, too, resting upon judgment concerning
the status of the late Rebel States which has
been rendered by the Supreme Court since the
war, we can have this Constitutional amend
ment ratified and this controversy thus substau-
TALLY settled, before the final adjournment of
this Congress ON the 4th of March next. Thus
settled, if the excluded States do not choose
voluntarily to accept the amendment in the re-
organization OF their local governments, they
will become subject to Congress as unoreaniZed
territories, and thus subject to a reconstruction
even in the matter of their boundaries.
FROM the southern journals, from the letters
of our Southern correspondents, and from all
other sources of information from the outside
States, it is apparent that their ruling classes
have settled do wn into the dogged resolution to
do nothing to help themselves 10 a readmission
into Congress They have fallen into the serious
mistake, that if they do nothing Congress can
do nothing with them. But let South Carolina
sEstsn sbe that BY this policy Of ma:terly in
part OF vast unorganizei territory into the
new territory of North Carolina, and she will
be apt 10 realize the dangers of doing nothing
to regain her character and to retain her
boundaries as State. Dangers, we say; for the
power and the authority are with Congress, and
The will may next appear-ifn no other remedy
is offered-the will to reconstruct the States
concerned as part of a vast unorganized ter
ritoIy recovered by arms from a hostile Gov
ernment and occupied by an intractable people.
The controversy is drifting in this direction,
and whatever may be the individual opinions OF
the President or the Chief Justice, the al-im-
portant facts still stand out in bold reliet-that
the Thirty-ninth Congress- which passed the
pending amendment by two-thlrds vote IN
each House, and the Fortieth Congress, just
elected, are substantially the same, and that
between them the power of Congress over the
excluded States is fixed to the end of President
Johnson's term of Office