Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-29
alniuu aud gmfrifan.
SUNDAY. July %, 1866
The Philadelphia Convention
Another Distinguished In
dorsement.
Letter from Hon. Benz. R, Curtis,
Of Massachusetts.

Of Massachusetts.
PrTTsFIELD, Mass, July 2O.-HoN. o.
BROWNING, Washington.-DEAR SIR: ]
thank you for sending me a copy Of the call
for the National Convention 10 be held at
Philadelphia on the l4th day Of August
next. In the present unhappy condition Of
our national affairs, II Jeems to me fit and
important that delegates Of the people should
come together from all parts Of our country
% manifest in an authentic and convincing
way the adhesion Of their constituents 10 the
fundamental principles Of our Government
and 10 that policy and course Of action
which necessarily result from them. In my
Judgment the propositions contained in the
call for the convention are consistent with
those principles and that policy. The na-
ture OF our Government does not permit the
United States 10 destroy a State OF acquire
us territory by conquest. Neither does il
permit the pe0ple Of a State 10 destroy the
State or lawfully affect in any way one Of
its relations 10 the United States One is
as inconsistent with our Constitution as the
other. While that Constitution remains
operative, each is impossible but the Gov
eminent Of the United States may, and must.
in the discharge Of its constitutional duty.
snbdue by arms, any number Of its rebel
lious citizens into quiet submission to its
lawful authority.
And II the officers Of a State, having the
actual control Of is government, have dis
obeyed the requirement 10 swear to support
the Constitution, and have abused the pow
ers Of the State bymaking war on the United
e. l. q I. D
ful government Of a State which the United
States may rightfully destroy by force; for
undoubtedly the provision Of the Constitu-
tion that the United States shall guarantee
10 every State in this Union a republican
form Of government, must mean a republi-
can form of government in harmony with
the Constitution, and which is so organized
as 10 be in the Union. Butneither the power
and duty of the government Of the United
States 10 subdue by arms rebellious people
in territorial limits Of one or more States.
nor il power and duty 10 destroy uslrping
government de fdcio can possibly authorize
the United States 10 destroy one Of the States
Of the Union, or, what must amount to the
same thing TO acquire that absolute right
over its people and its territory which re-
suits from conquest in foreign war. There
are only two alternatives; one IS that in
subduing rebellion the United States acts
rightlully within the limits Of powers con-
ierred by the Constitution. The other is
that they make war on part Of their own
people because il is the will Of those who
control the government forthe time being TO
do so, and for such objects as they may
choose TO attain. The last Of these alterna-
tives has not been asserted by either depart
ment OF the government Of the United States
at any time, and / doubt If any considerable
number Of persons can be found 30 sanction
10. But If the first alternative be adopted,
IL follows that the Constitution which author
ized the war prescribed the objects which
alone can rightfully be accomplished by it,
and those objects are not the destruction Of
one or more States, but their preservation;
not the destruction of government in a State,
but the restoration Of its government to a
republican form, in harmony with the Con-
stitutiOn; not the acquisition of the territory
Of a State, and Of that absolute control over
the persons and property Of its people which
q foreign conqucror would possess, but their
submission 20 the Constitution aud laws Of
the United States Ii seems to me a great
fundamental error TO cOnfOund thecase Of the
conquest Of a foreign territory and people
with the case Of submission 10 4 lawful
aud established constitutional government,
enforced through the powers conferred on
that government for that specific purpose
II is quite true that such a civil contest
may have and in our country has had, the
proportions Of an actual war and that hui
manily and public law unite in debating the
application Of rules designated 10 mitigate
its evils and regulate the conditions upon
which it should be carried on; but those
rules ofpublic law which concern the rights |
and powers Of a cOnqueror Of foreign terri |
tory, reduced by conquest TO entire submits !
sion, have no relation 20 the active prosecu- |
tion Of war. Their operation begins when |
the war has ended in submission. They are |
the laws Of a state Of peace, and not Of a /
state of war. To suppose that the Govern |
ment of the United States can, in a state Of /
peace, rightiully hold and exercise absolute |
and unlimited power over = part Of its terri |
tory and people just so long as it may |
choose 70 do so, appears 10 me TO be unwar- |
ranted by any rules Of public law, abhor- |
rent 30 right reason and inconsistent with |
the nature Of our Government. When war |
has oeased-when the authority of the Con- |
stitution and laws Of the United States has |
been restored and established, the United |
States are in possession, not under new /
title as conquerors, but under their old |
title as the lawful Government Of the coun-
try, and that title has been vindicated not
by the destruction Of one or more States but !
by their preservation, and this preservation /
can be worked out practically only by the !
restoration Of republican governments, or
ganizcd in harmoney with the Constitution. |
The title Of a conqueror is necessarily in |
consistent with a republican government, |
which can be formed only by the people |
themselves, TO express and execute their will; |
aud ~ the preservation Of the States within
the Union was one Of the objects Of the war,
and they can be preserved only by havngre- |
publican governments organized in harmony
with the Constitution, and such governments ]
can be organized only by the people Of those |
States then, maniiestly, it is not only the |
right but the constitutional duty Of the pco- |
pie of those States 10 organize such govern
ments and the government Of the United |
States can have no rightiul authority 10 pro-
hibit their organization But this right and
duty Of the several States can only BEGIN
when war has ceased and the authority of |
the Constitution and laws Of the United |
States has been restored and established.
and from the nature of the case the Govern |
ment of the United States must determine
whCr that time has come. Il isa question
Of great interest, certainly, but not, think, !
Of great difficulty how and by whom the
government Of the United States should de-
termIue when that time has come.
The question whether De idcio governments
aud hostile populations have been complete
~ subdued by arms and the lawful authority
Of the United States restored and established
is a military and executive question Ii
does not require legislative action TO ascer-
tain The necessary facts, and, from the nature
Of the case, legislative action cannot change
or materially affect them. As Commander
in-Chief Of the army and navy and as the
chief executive officer whose constitutional
duty il is 10 see that the laws are faithfully
executed. 10 is the official duty Of the Prcsi-
dent 90 know whether a rebellion has been
suppressed, and whether the authority Of the
Constitution and laws Of the United States
hos hasn oomnlgtFly RESTORED and srr,I,. ~.