Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-21
Authority OF Congress for Making
state Constitutions.

coin had not the power now claimed b.
Mr.. johnson, how did he happen :
exercise il in the case Of TENNESSEE
and how Is Tennessee now in the Uniol
at ALP Mr.. Lincolns plan Of returning
the States on vote TO return by tent
part of the people Of either he REGARDED
as simply process Of restoration, an'
so designated it. He did not regard an,
State as having accomplished the fact o
secession from the Union by the acts o
any Conventions held therein. Once
State, always State, was his doctrine
at the time, as well as that Of Northern
statesmen generally; and, with the
appreciation of the whole North,
he refused utterly to be hampered
| BY Congress on the subject Of re-
storing the States, practically to the
condition from which in law he affirmed
they could, never legally..escape. And
with the taci,, il not actual consent OF
the Northern States, he acted accord
ingly, aud Tennessee was received. A
pretended executive committee of the
State called for a vote Of the people, and
proceeded to hold an election. And by
dint Of s,uifing the ballot-boxes with the
votes of soldiers Gas at Germantown for
instance, where the vote exceeded four
fold the whole population of men, women
aud children) and with every species of
illegal votes, and by voting at different
boxes, and over and over at the same box,
and by a count even then never fairly as
certainsd as correct, it appeared or was
published at last, that the required tenth
had voted. And so the State of Ten
nessee went back into the Union, with
out help of Congress, and by the author
ity of the Executive alone. If Mr..
Johnson has no right to dictate the terms
of restoration Of States, how bad Mr..
Lincoln, and how is Tennessee now any
more in the Union than Arkansas 1t
may suit party purposes to assent, and
say one is in and the other out. But the
question we ask is whether one State,
which, under the direction of the Presi-
dent, has returned to the Union with
the required Constitution, and having
performed all precedent conditions re-
ouired of it, is not as much and of right
entitled to be received as another2 Why
is not Mississippi, which abolished
slavery, repealed its secession ordinance,
and repudiated its Confederate debt, and
adopted its former Republican Constitu-
ton, by fair and undoubted vote of its
whole people, as directed by Mr.. john
son, as rightfnlly member OF the
Union as Tennessee, which, by
fraudulent vote, went in, under the
direction of Mr.. Lincoln2 Tennessee
framed Constitution, and Congress ad-
mitted the State. Mississippi did the
same thing, and Congress refused her,
although, on the admission of Tennessee,
it declared, and based its reception on
the right of the people to frame their
own Constitution. We should thank
any editor or man to give a reason,
if he can, why we are wrong in declaring
that if one is legally in, SO is the ether.
Besides, and aside from any argument
of our own touching this matter, Con-
gress itself has decided it precisely as we
have indicated to be correct. By joint
resolution, approved July, 1865, Con-
gress admitted the Senators and Repre-
sentatives claiming to have been chosen
by our people to seats in the respective
Houses, and to full voice and partici-
patton in the government. In doing
this, Congress announced its reasons.
It declared the right of the people of
Tennessee to frame a government or to
change the form of their government
Hence alone the State was received No
Congressional authority ever had been
given Tennessee. and Congress declared
none was needed. But now party int.
rests require a contrary rule, and there
fore different one is prescribed. That
is the whole reason, without which there
is no reason. Tennessee went in with
her old constitution, amended according
to orders from Washington by fraudu-
lent vote, because it suited party inte-
rests to admit her. But Mississippi and
other States which have, by fair and
honest vote, done all that was required,
and all that Tennessee did by the false
one, yet remain out because itssuits
party interests better that they should do
so.
Power may denounce and declare, but
truth remains. Night may control, but
il cannot make right And in spite OF
the dicfum Of the iyrsbt, it will remain
~ true as fate that, in contemplation Of
law and right and the principles Of a re-
publican constitution, Tennessee is more
outofthe Union, as well as more deserT-
ing 10 be SC, than any other one Of the
ten excluded States II fs only In bs
fraud, rifle they are cat by usWrpatioH
And thus the government Of the country
is 50 completely destroyed that it may b
time 10 question the correctness Of oul
former affirmation tina; the President Of
other officers Of the government should
be longer held 10 their ostbs TO supper
The Constitution.