The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-15

had not as perfect right to vote against IL as
for II. Up to this point, them the Demo-
cratic party did not pass the limits of oonsti-
tutional opposition.
Next came the Reconstruction acts and mill
tary domination in the South. These were
abuDdantly denounced by Democratic speak
ers and journalists; but freedom of speech and
the press being clear constitutional right,
such denunciation gives no color to the Times
charge. In the progress of affairs attempts
were made, with the approval of the
whole Democratic party, to bring the Recon
struction acts to the test of judicial decision;
but Congress, by an unscrupulous exercise of
power, interfered to shut the door against this
peaceful and constitutional method of redress.
This brings forward the history to an advanced
period of the last session OF Congress, up to
which time the oppo.ition of the Demo Jratic
party, though often impugped on other
grounds was never charged with proceeding
by irregular or revolutionary methods.
We next proceed to consider the action of
the Democratic National Convention. Access
to the Supreme Court having been debarred
us by Congress, the Convention decided to
submit the question to the people, as main
issue in the Presidential election. The people
of the United States are asked by the Demo-
cratic party to pronounce the reconstruction
acts 'unconstitutional revolutionary, and
void" Such an issue may be just as legiti-
power having been annihilated by the uncon-
stitutional exclusion of members of Congress
whose votes would have made it effectual, and
the Supreme Court having been forbidden to
entertain the question, nothing could be more
in order than an appeal to that ultimate tribu-
nal, the sovereign people. II they give their
verdict that the reconstruction acts are un-
constitutional, revolutionary, and void, they
will thereby merely exercise their right to re-
Wis nd nd ho oti NJ
their government. If they do not possess this
right, popular elections are a solemn farce and
the pretense of republican government an alb
surdity.
The only remaining question relates to the
means by which the judgment of the people
shall be executed if they decide against the
Congressional method of reconstruction.
Does'the Democratic party, in case of success,
propose to nullify any existing laws? In re-
spect to the seven "reconstructed' States the
acts have expired by their own limitation.
They have no longer any binding force, even il
they could be supposed to have been originally
valid. They do not require to be repealed by
Congress nor set ASIDE by the Supreme Court,
for in respect to those seven States they are
no longer laws. In the three States in which
they are still operative, they are legitimate
subjects for application to the judiciary; and
the Supreme Court, with the moral support
of majority of the people, would be no
longer cOwed into surrender of its indie
pendence. The acts would be declared void
by an authority constitutionally competent
to make that decision, aud those three States
would be released from military oppression.
This will have been accomplished before the
Inauguration of the Democratic President.
Next will come the question of the stability
OF the reconstructed governments in the pre-
sent form. The decision of the people and OF
the Supreme Court that the laws under which
they were organized were unconstitutional
will have a great moral effect, and probably
paralyze all opposition to such changes as the
States may desire to make. There will be no
desire to nullify Federal law, but only to
amend the State Constitutions. The right o
| the people of State to amend their existing
| Constitution or adopt new one is unques-
tionable. In New York, in 1916, we called a
convention, and framed new Constitution in
disregard of the provisions of the old one, and
our highest judges, and the best legal minds
in the State gave written opinions justifyne
such course. In most of the RECONSTRUCTED
States the white citizens are a majority, and
will have no difficulty in adopting any Con
stitution they may like. In these States, the
bastard governments will be supplanted by
methods whose regularity cannot be called in
question. When the odious system has been
thus peacefully overthrown in all the States
but one or two where there are negro MAORI
| ties, it will yield to moral influence and fal
of itself in these.
Even the Southern whites, who regard the
negro governments with the strongest detesta
tion, have made no attempts at nullification
In expelling the negroes in Georgia they
merely exercised the right possessed by al
American legislative bodies to judge of the
qualifications of their own members. In all
those States, the Democratic party is engaged
in Q Jealous attempt to carry the elections
which are to be held under the auspices an6
direction of the new governments. Nothing
could be farther from Qualification, nothinl
less in the nature of revolutionary methods
than this practical recognition of the de fact
governments in an attempt to use them as tn,
instrument of their own reformation.
This plain recital of facts suffices to demon
strate that the Times talk about nullifcatioI
is mess OF libellous twaddle.
| Al d