The New York herald., 1868-08-11

OF niquites This grand design is the preservation
and perpetuation Of despotic power in the hands OF
@ 1ae present Dominant faction u the united sta.es
not fully appreciated or perhaps foreseen in its In.
ception Its authors seemed clearly to perceive that
ments, could induce the white population Of the
South TO consummate the ruin Of public liberty the
experiment IN Tennessee had demonstrated that
white men who had faltered at the commission of no
other political crime rec0ied from patricde 1t be-
came necessary to improve even on that only model
had as yet constructed. Its main defect rested at
Its foundation; sufncient amount OF ignorance,
vice and pauPerism could not be found among the
meanest OF the white race to insure Its security.
These were to be found in unlimited supply
among the negro race. Therefore, absolute negro
the Congressional plan Of reconstruction the foun
datiOn OF radical despotsm. The simplest and most
direct road Of reaching negro supremacy IN the late
genius of the plan, would have been to have eniran
chised all Of the negro aud disfranchised all or the
wisdom Of the party that the plan would gain IN
safety what 1t lost in simplicity and b0ldness by
Hence they endeavored to combine the white ana the
black elements in such proportions as would give
color to the claims Of assent to the plan
ascendancy Of the black race. This was point
OF great Importance and OF some diffculty; all
for its adjustment This solution was sought in CIV
ing su1rage to ali OF the blacks and limited portion
OF the white people. The natural rule OF exclusion
would seem to have been to have excluded the lead
ers OF the civil war. the civil and military 011cers who
guided directed and upheld the government, and
had certainly the best claim be inscribed this
''roll OF honor" While many such names are to be
found found on It, not % single one % was placed there los
to- the Confederate States-they are excluded solely
u under @ the % United States before I the WA war; the
rule being that the holding OF some State or
s o ns wn y
have been considered that this rule would include
class sufficiently numerous to preserve negro ascen-
dancy at the same time sufficiently vrtuOus and in
telgent to he unfit instruments of tyranny. But to
provide against the possibility OF any mistake on
this decisive question OF numbers or any Other nn-
delay defeat the realization OF the hopes OF It's
authors. "this plan" was protected against the dan
gers which cOnstitutiOnally beser ordinary legsla
latiOn. II was placed under the special guardian
snip Of Its fathers-the legislative department-and
In order that this guardianship might be eIectual
gates OF hell, should be always open" during the
parurition Of this monster. Parental sohcitude has
extra sessions Of Congress and many supple
mental bills to perfect the scheme: Other
difficulties embarrassed this PLAN OF recon
structiOn. The President had already declared his
opposition to it in able and elaborate veto messages.
The command Of the military forces of the Union
and the power Of appointing executive officers, the
instruments placed in bis hands by the constitution
to insure the faithful execution OF the laws were
wrested from him, ana ne was IN enect deposed:
into the conformity Of these edicts to the organic
law; it seemed reluctant to admit that the constitu-
ton was either dead or dormant, and therefore 1t
was not to be trusted with this question:; the agents
OF reconstruction were invested with judicial as well
a. We anu ser acs y rese cy CTs
authority whatever. The courts were closed. Con-
gress enacts, expounds and executes the laws and
becomes the embodiment OF perfect despot-
ism The apology put forth for these meas
ures by their authors is that "the late rebel
States" are not under the United States that
they are conquered provinces, and that therefore,
Congress has the absolute right to govern them ac-
c0rding to its own will and pleasure, without any
upon them by the laws of nations This involves the
proposition upon which alone these measures can
be sustained tnar IS e s s9e e Gl
make, expOund and execute all laws which they
may deem necessary and proper for enforcing that
will. All the rights to which just war gives birth be-
long to the nation. Every nation exercises these
well as ali other rights she may possess according
to the forms prescribed by herself The rights of the
nation cannot be exercised by any one person, or
any number of persons whatever, except by au:
thority conferred by the nation All the powers OF
Uulted states, and all Of Its acts whether intended
TO operate within or without Its limits
whether over the eongnerors OF the conquered rest
tions cannot change the organic law Of the con-
querors. The organic law OF the United States con-
ers no executive or judicial power on Congress- its
exercise Of either is mere usurpation binding upon
no person whatever If the will OF the conqueror be
truly the only law OF the conquered people the same
law requires that will to be legally declared. The ju-
dicia tribunals alone have the right to decide upon
the validity Of these acts, whether OF not they are
"to take care that the laws be faithfully
executed" The acts annul the powers Of these two
% I@ and xC Ss
ing void they cannot declare the will OF the nation,
and are therefore equally condemed by the laws OF
nations. Is not true that none but loyal citizens
can claim the benefit of the laws of the conquering
nation. The traitor can only be tried according to
the laws Of the country claiming his allegiance; the
only be tried and punished according TO the laws
prescribed by the country OF hs captors Thus it is
'cear that IL the constitution OF the United States
gives no rights the late rebel Statesu it certainly
places serious impedlments In the path OF radical
tyranny. This effort OF the radical party to
strips them OF all pretence OF justification
for the war. The position assumed by them and
the whole party In the North, was that the Union
WAS ndissolube by the terms of the compact for any
causes whatever, and that any and all efforts to dis
solve 1t were merely insurrection and rebellion,
which subjected all who aided and abetted them to
the pains and penalties OF treason and Congress de-
clared their objects and purposes in waging war
against us In the following resolution -
Resolved That the war is not wased our part IN
srferns %s tights or 1A institutions
.uon and 70 the Union with all The dignity and
This resolution was adopted unanimously. II Is
the only justification Of the war which has ever been
offered to the public by the Of the United
States II Is but logical conclusion from the car
dnal principles OF the party. II the late civil
war was only rebellion II did not annul the consti-
tuition and laws Of the United States in the Oonede
rate States. They were neither dormant, displaced
nor suspended. Their exercise was simply resisted
BY illegal violence and upon the suppression OF this
illegal violence, they were as much the supreme
laws Of Georgia as OF Massachusetts, they were In as
full force and operation at the end as In the begin
ming Of the war. This theory was universally an
nounced and accepted by the government and peo.
MIA OF the United States during the war and
seems to be still adhered to BY its executive and
judicial departments. Under 1t traitors could
be punished, but punished only by the Judgment Of
their peers and according to the laws Of the land.
These laws secured them trials-speedy, public, i'm
partial rias-trals by jury after indcpent found in
the district where the alleged crimes were CON-
mtted under It conascations might take place, but
conscatons after trial and conviction, coniiscations
according to the laws OF the land In short, accord
ing TO this theory the Union was never dissolved; 1t
was already constructed and needed no reconstruc-
tion But the radical party did need 1t. Its ncopn-
potency, ITS corruption0s venaty Its tyrahnIes It's
treachery to the Caucasian its patronage " vice
and fraud, OF crimes and criminals its crimes