Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-08-11


provided for their erection at proper aud both the
Senate and the House Of Representatives rejected the
Senators and Representatives chosen under the authority
of what the President calls the Free Constitution and
Government Of Arkansas he Presidents proclamation
holds for maugh this judgment and dscards tho autho-
rty of the Supreme Court and strides headong toward
the anarchy his proclamation of the 9th of December nau
gurated If electors for President be allowed to be chosen
in either Of those States sinister light will be cast ON the
motives which induced the President to hold for naught
the will of Congress rather than his in Louis
| ana and Arkansas
That judgment of Congress which the President defes
the exercise of authority exclusively vested In Con-
gress by the Constitution to determine what the estab
lshed Government in State and in its nature and
by the highest Judicial authority binding all other de-
parments Of the Government. The Supreme Court has
formally declared that under the 4h section Of the WITH
article of the Constitution requiring the United States to
guarantee every State republican form of
"t rests Nth Congress to decide Dhai government is the
established in State :" and ohen Senators and Re-
personalities Of State admitted into the oounses of
the Union, the authority of the government under hieh
they appointed we'll its republican character is
recognised by The proper constitutional authority and its
decision binding epery other department Of the Gooern
men, and could not BIS questioned in Judicial tribunal
1t is true that the contest in this did not last long
enough to bring the matter to this issue; and Sena
tors Representatives elected under the authority
of the Government of which Mr. Dorr the head Con-
gross not called upon to decide the controversy Yet
the right to decide is placed there"
Even the Presidents proclamation of the 9Th of Decem-
Der formally declared that whether members sent to
Congress from any State shall be admitted to seats
additionally rests exclusively with the respective Houses
and not to any extent with the Executive" And that is
not the less true because wholly inconsistent with the Pre-
tbofp nf 70;
tue and recognise State Governments in the Rebel States
because the President is unable to perceive that his
recognition is nulty if be not conclusive Congress-
Under the Constitution the right to Senators and Repre-
sentatves is in,eparabe from State Government. If
there be State Government the right 10 absolute If
there be State Government there be Senators
Representatives chosen.
he two Houses of Congress expressly declared to
be the sole judges of their members When therefore,
Senators and Representatives admitted the State Co.
vernment under whose authority they chosen con-
clusvey established when they rejected its existence
concusvey rejected and denied and to this Judgment
the President is bound to submit.
The President proceeds to express his unwlngness to
declare constitutional competency in Congress to abolish
slavery in States another for not signing the
bill But the bill nowhere proposes to abolish slavery in
States The bill did provide that all slapes in the rebel
States should be manunitted.
But the President had already signed three bills man
uniting several classes of slaves States it is not con-
ceved possible that he entertained airy scrupes touching
that provision of the bill respecting which he silent He
had already himself assumed right by proclamation to
free much the larger number of slaves in the rebel States
under the authority gwen him by Congress to military
power to suppress the rebellion and quite nconceiva
BILE that the President should think Congress could vest in
him discretion it could not exercise tself 1t the
unnelgbe from the fact that except respect to
small part of Virginia and Louisiana the bill covered
only what the proclamation covered-added Congress.
sona title and judicial remedies by law to the disputed
title under the proclamation and perfected the work the
President professed to be anxious to accomplish
Slavery institution be abolished only by
change of the Constitution of the United States or of the
law of the State and this is the principle of the bill 1t
required the Constitution of the State provide for
that prohibition and the President the face OF his own
proclamation does not venture to object to insisting on
hut condition Nor will the country tolerate its abandon
ment-yet he defeated the only provision imposiDg!
But when he describes himself in spite of this great
blow at emancipation, sincerely hoping and expecting
that constitutional amendment aboshing slavery through
out the nation may be adopted curousy inquire on
what his expectation rests after the vote of the House of
Representatives at the recent session. and in the face of
the political complexion of more than enough of the States
to prevent the possibility Of its adoption within any reason
able time and why be did not indulge his sincere hopes
with large ntalment OF the blessing as his
of the bill would have secured.
After this assignment Of his for preventing the
bill from becoming law the President proceeds to de-
clare bis purpose execute lao By his plenary die
tatoriat poioer. He says;
Nevertheless fully satisfied with the system for
restoration contained in the bill very proper plan
for the loyal people Of any State choosing adopt it, aud
that am and at all times shall be- prepared to give the
Executive aid and assistance any people so soon AZ
the military resistance to the United States shall have been
suppressed such State and the people thereof shall
have sufficiently returned to their obedience the Cons
tuition and the laws OF the United States which cases
Military Governors will be appointed, with directions to
PROCEED according to the bill"
more studied outrage the legislative authority of
the people has been perpetrated Congress passed
bill the President refused to approve it, and then by
puts much Of it in force he sees ft and
proposes TO execute those parts by officers unknown to the
laws Of the United States and not subject to the conma
ton of the Senate The bill directed the appointment OF
Provisional Governors by and with the advco and consent
Of the Senate The President after defeating the law
proposes to appoint without law and without the advice
aud consent Of the Senate military governors for the rebel
States He has already exercised this dictatoral urpa
toR n Louisiana, and he defeated the bill to prevent ts
limitation.
Henceforth must regard the following precedent as
the Presidential law Of the rebel States:
EXECUTIVE MANSION