, 1866-03-17
RECONSTRUCTION DY TILE PEOPLE,



To Editors Of thc Chicago TEbune:
have read with much pleasure your article
Of this morning on the subject of "Rccou-
construction by the Peopae,'' md agrce with
you in most Of your positions. In the pre-
partition Of work, now nearly ready for the
press, upon the Constitutional Convcution.h
/ have had occasion to examine the various
conventions thus far called In the United
States, and 10 pass upon their legitimacy, on
legal and constitutional principles. Some Of
the conclusions reached, in reference to The
character lor legitimacy Of the Reconstruc-,
ton Conventions, may not be without inter
est, Ii they do not tend to develop The true
method Of procedure to DO pursued in re-or-
ganizlnc tho late rebel States.
As 1 view those States, they arc, and. dur
Ing the entire existence OF the rebellion, have
been in the Union, but their relations to the.
latter have been 50 perverted by their own
unlawful aets, that they are not, for the most
important purpose Of States, that Of partici-
patton In the Government Of the Union, Con-
s,itutional States In The Union. At the same
time, they are not Territories; they are States,
whose practical relations to the Federal whole
are In : state Of disruption. In other words,
they are quai States, SO far ns their historical
relations to The Union are concerned, but
quasi Territories In relation to the exercise Of
Federal rights.
TIE question Is how, safely, to restore The
disturbed relations. and make these quasi
There are but lour ways in which this eau
be doue: l. Tho rebel Legislatures mny be
allowed 10 meet and inaugunAte the necessary
! movements tJ calling conventions. This
mode Is not to be thought OF, as the United
States can in no manner or form recognize
= 1ar{ ~ az r,f3t
\ dividual traitors, in any capacity dcsaring
= lie President, as Commander-ln-C Chief
| OF the army, may call con ventipus Tor the pnr-
| pose Indicated. This Is the course already
attempted, both by President Lincoln and
testa Of Congress- In taking this course
those officers acted under their war
| power, and considered Us the fruit Of that
! power, doubtless the provisional governments
founded at the South, have subserred 1se'
ful purpose. We may even admit that they
were necessary. But they were not civil
more than the Military Commissions, organ.
lied in the rebel States, we're clsil courts
| Nor were the conventions called to frarne con.
stltntions for the rebel states, legitimate con,
| stitutioral conventions. Congress Nigh!
recognize their offspring, and admit into flll
communion the states as reconstructed by
them, but unless It should do so, thsy would
have no more right to representation IN Con
crcss than hos the island Of Cuba.
4 third mode Of affecting reconstruction
which might be adopted, Is to permit ~
people Of the Southern States, simply as Gill
zena, without regard to age, color or condi
tion In lite, TO call conventions spontaneously
as recommended IN your article-
This would be an excellent mode, II tbeft
were not better. 1t was the mode adopted i
our first revolution, md which the peop!!,
may now adopt, absolutely neef*sary. !
would unquestionably be revolutionary to dc
| so. but 80 would any conceivable mode, un
less The next which shall deseEtbe, be fre'
from that objection. Ii revolution is indls
pensob1e, however, tnaintuin, that 1t shou1!t
be conducted In rs noaE conformity to coustl
tutienal precedepts as the natnre o. ths .s eas
| the universal practice In the United States
even during our first revolution, with few
unimporlant exceptions depending on II
pressure Of events, no convention c:n b
! called, except by the Legislative auahorit.
having Jurisdiction over the territory w1thl,
which ii is cslled. Let rs see now Il We eal
find such IN authority in the case Of the rebe
4. Ibel}e7e the Congress of the United State
10 30 the proper anthortty to call convention
| Ia those States. So far nA the States alone ar
concerned m3sht !, ssisiy se:{ TefSsq fS NJ
IN refefsuce M TO the Federal rclstions OF thos
States. When admitted they are to partlcl
pate h governing the Union. The Senator
and Representative they elect will becom
an Integral part Of Congress The queai,o
question, Is a. Federal one, md oogh
to be settled by Federal authority, Veg
Ii a question Of forming Constitutions 10
those states alone, even the rebel Legislature
might be permitted to lead Of: As II Is
question mainly Of federal relations. the fec
eral legislature ought to institute the move
ment. But las II anY right to call o convel
) 1ion in State! Perhaps not, but IN qua
:. State, which Is also qEasf territory, It Woul
not be much Of stretch Of authority to d
So. Congress clearly has the right to ca
conventions 10 territories. Moreover, 1t
legislature Of the Union Is, as to federal r
: lations, the legislature of cach State. II 1t
I1ppossibIc to create nucleus Tor Southe1
LOYALTY to rally about, with a view to for
, ! RepublIcaF ORGANIZATIONS suited 10 the nlte
ed condition d the South, without st-cte
= Of authority, In my Judgment that strsts M
l Of Congress than any other department.
that way. also, we should adhere to the pra
. tice universal thus far IN our government. 1
10 the cases Of Michigan and few 9th
States, to which yon allude, where conve
tions were called by the pcople-that Is.
individuals, they we're always regarded
!. ! revolutionary movements, and therefore q
I not to be drawn into precedent. Even u
Calhoun rspzobated the call Of the Michia.'
Convention, as Illegal and reyoIntlonar
Such examples are not to be followed I'M
a6so7utelv necessary to secure to tho peor
C the right guaranteed to them by our bills
~ rights, to alter. amend or abollsh their CO
stitutions whenever they please. II nothl
else will do, this ultimate course may dout
d less be pursued. But It does not get appe
o to be necessary. Congress Is in session. u
infer, is not indlsposcd to act. Let 1t do
>, JOIN a. JAMEsoS