The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-16

amendment would fully submit to the people
o. the South the terms of Reconstruction pro-
posed by Congress- and enable them to plainly
declare whether they were willing to comply
with them.
Mr.. Morton believed that both the amend
ment and the bill were wrong in allowing the
voters TO decide whether a Convention should
be held and constitution formed and that it
was only necessary to consult them as TO the
ratification of the latter. Mr.. Fessenden argued
that the duty of calling a Convention should
not be imposed upon the District Commander
on the ground that it was compulsory method
of forming a constitution, and that the Rebel
States should not be obliged to act upon the
offer the Government had made Mr.. Trum
bull, speaking for the Judiciary Committee.
thought the provision in the bill that the con,
stitution must be ratified by q majority of the
registered voters, sufficient to insure tr1e
expression of the wishes of the people. and
in this belief the Senate disagreed to the
amendment by 27 to II, the Democrats and
Johnson men voting against it.
Mr. Drake's second amendment. 70 the effect
that no State constitution should be valid
unless 1t pro"ided for election by close ballot,
ana agreed that such mode of voting should
not be changed without the assent of Con-
gress raised an important Observation-Disclosures
the States, after admission to the Union,
would not have the legal right to strike such
provision from their constitutions Mr.. Drake
defended his amendment on the ground that
such provision would be an express contract
with the Government, and that its violation
by any state would be a legal reason for the
expulsion of its representatives from Con-
gress. lie was opposed by Mr. Conllling,
who quoted decision of the Supreme Court
that any condition eXacted as a condition for
the admission of State ceased to bind after
the State became sovereign member of the
Union. The proposition to enforce a secret
ballot was opposed by Mr.. Trumbull Mr..
Wilson, and Mr.. Buckalew, who held that it
would encourage fraud, and be no protection
to the people.
But that which seems of most importance
is whether Congress has the authority to
impose conditions upon the Rebel States
which shall be binding after their restoration
to the Union. This opens a discussion not
only upon the amendment of Mr.. Drake, but
upon the whole bill, and shows the probable
uncertainty of the plan of reconstruction Con-
gress has proposed. If the Rebel States,
after their restoration, have the right to
strike out any part of their Constitutions
which Congress required them to insert, they
have the right to strike out all that Congress
has required. This is a question of extreme
gravity, and one which seems to have inn
pressed the Senate, though no direct allu-
sion was made to it in the debate. Without
acting on Mr.. brakes amendment the Senate
adjourned; and we may expect careful con-
sideration of Mr.. Morton's suggestion that
the clause requiring that the State COnsti-
tutions shall provide for voting by secret
ballot, should be considered separately from
that which as serts the right of Congress to
make such condition binding in the future.