The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-01


of the Supreme Cobrt;-'
THE fundamental Proposition OF the whole is
that which denies the existenoe and Integrity NJ
rS%ersn Ha115Sitons our defense lies in
making this defense is by an appeal to the
Courts, This ~ is our duty to make A case
must be made up; and we SUPPOSE IL NAV ne |
speedily done under the third OF the above
Teelted POINTS, on the question Of eligibility 10
once; IL Will be oontended by the hungerers
and thirsters that prescription viii disnlsce
those liable TO II who are now I'm ONCE An
hbit II, will get the question before tbe t;onrts
II u be held that our State Governments are |
onii1 ana according TO the Constitution, then
dictate quslihc9tions for State office will be |
prohounced pre-, VOID We must bring to judicial |
law and to subordinate the civil TO the military
IN these states, in time of profound peace, |
publicly proclaimed" ...-' - f0'
Again the Richmond Times supplies an
answer 71'
"The increasing infirmities of two of ,,,o a,o
conservative Judges foreshadow the death of at
least one of these venerable men in less than
WE'VE WE'VE ~ LhonCns. Ihe senate, In such event, will
refuse " confirm any nomination of the Presi-
dent unless the nominee is In strict accord with
Chase. We shall then have q Supreme Court
consisting OF eight members. composed of four
radicals and four Conservatives This viii lead
TO divided Court whenever any Question
growing out of the legislation of Congress- unon
The question of reconstruction is presentsd
And, we believe, an appeal fails when the Cyourt
Is divided; And the appeals, It must be remem-
and the Busteeds, who have neither learninR
character, decency, nor mercy. The decision OF
OATH has already been set at defiance bv sub
ordinate Federal Judges, sitting in sight of the
dome of the Capitol" I'0 TII-'T- = -.
Besides while the Supreme Court may set
aside particular enactment, it cannot relieve
the South from the dominion of Congress. II
may cause delay, but it can in no respect ex-
tricate the South from its position. And
meanwhile Congress will adopt yet harsher
measures, and the Northern people, incensed
by what will be considered Southern contu-
macy will sustain Congress in its course. In
all probability the personnel of the Supreme
Court will before then be in harmony with
Congress. So that, as the Richmond Times
points out, the South will commit a fatal
blunder if it relies upon judicial decision to
secure more lenient conditions. N r.1
In other quarters, it is suggested that Con-
gress should be left to work out its plan-the
Southern people standing aloof The Macon
(Ga.) Journal insists that the government of
the South by military machinery is practically
impossible, and that what Congress considers
Provisional Governments are essential to
reconstruction. But if these Provisional
Govemments-argues the JouRal-are frauds
and usurpations, their members should refuse
to continue their labors, that Congress may
be made sHmmarily to confront the diff
culties of its task. The Lynchburg Virgiai0n
inculoates the same doctrine. Let Con-
gress take the whole charge of the admins
tration of ten States. We would favor it
rather than accept reconstruction upon the
terms offered" The Petersburg (Va.) Lnder
not only objects to this particular law, but to
any any form of reconstruction that embraces the
IesI oath' nro wa not better off without
Congressman than we would be Iu,srsrrasenteJ
in Congress 2' is the query with which the
Inder seeks to vindicate it's opinion. But how
is all this to help the South2 What benefits
will it confer What rights restore? The
South will remain out of the Union, and the
exclusive power of determining the conditions
of restoration will continue vested in Congress.
With this fixed fact before it, what profit, or
convenience, or dignity can nOn-resstance and
nOn-action bring to the South?
The plan "appears to be entirely permissi-
BILE and not obligatory" remarks the Mont
gomery Mall We think that the assumption
is not warranted. Congress has provided a
method of reconstruction, under which the
existing State Legislatures may take the initia-
tive by providing for the assembling of the
contemplated Convention. 1t does not follow,
however, that if the local Legislatures neglect
the opportunity, reconstruction will be indef-
nitely postponed The next step will be to
provide for the election of delegates by other
than local legislative action; and the men who
now imagine that their obstinacy will suffice
to thwart the law, will discover to their cost
that reconstruction may be carried on without
them.
The Richmond Examiner, of all the Southern
journals that have come under our notice,
alone seems to comprehend the wisdom of
action. Referring to the plan Of Congress, the
Examiner says:-
with all its multiform denominations, 1t con-
tains one feature hitherto unseen in any act of
the Thirty-ninth Congress. Upon the fulfill
mo off am m v n
State, ii declares-,W
Such Stale shall be entitled to a representa-
"Those words. should they become the law of
the land, are su ummons to the representatives
Of the people of Virginia which they cannot
surrection, at some time, OF the State now de-
stroyed. And if there is no legal and peaceful
means Of resisting that destruction, we should
consider at once the question whether we shall
set about the work of resurrection. ....
THAT the Virginia Legislature should take
this matter into earnest advisemenL is a posi-
tion which, we suppose, no one can dispute"
Passing from newspapers to politicians, we
observe that Governor PeirpOnt, OF Virginia,
urges that a convention should be called at
once in that State. If the Legislature refuses
he is reported to have misunderstanding
politicians" outside viii proceed on their own
account; and we apprehend that the same may
be said of every excluded State, In Georgia,
Ex-Governor Brown has published a similar
recommendation, and his words will undoubt-
edly influence the people, whether the pOliti-
clans heed them or not. Governor Orr is also
eXerting himself to overcome the extremists OF
South Carolina; and it is not unlikely that the
insulting violence with which these counsels
have been received will induce him to attempt
the organization of a new party in the State,
with view to its reconstruction in harmony
with the will of Congress. Our Charleston cor
respondent represents that the efforts of Gov
ernor Orr have not been without effect upon