The mountain Democrat., 1864-10-01

and governments already adopted and in.
stalled in ArkAnsas and Louisisna shall be
set aside and hsld for Daught, thereby re-
pelling snd discOursging the loyal citizens
who have set up the same as to further
effort"
That is to say, the President persists in
recognizing those shadows of govern.
ments in Arkansas snd Louisiana, which
Congress formally declared should not be
recegnised-whose representatives and
senators are repelled by formal votes of
both Houses of Congress it was
declared formally should have no electoral
vote EOF President aSd Vice President.
They are mere creatures Of his will
They cannot live . day without his sup
port. They are mere oligarchies, imposed
on the people by military orders under
the forms Of election, at which generals,
prOvOst-marshals, soldiers and camp.fol-
lowers were the chief actors, assisted BY
. handful Of resident citizens. and urged
on to premature action by private letters
from the President
In neither Louisiana nor Arkansas, be.
fore Banks defeat, did the United States
control half the territory or half the pop
ulation. In Louisiana, General Banks
proclamation candidly declared: "The
fundamental law Of the State is martial
law"
On that foundation Of freedom be erect
ed what the President calls "the free
constitution aud government of Louis.
lana"
But of this state, whose fundamental
law was martial law, only sixteen parish
es out of forty eight parishes, were held
by the United States, and in five of the
sixteen We held only our camps.
The eleven parishes We substantially
held had two hundred and thirty. three
thousand one hundred and eighty Eve in
habitants; the residue Of the state not
held by US, five hundred and seventy five
thousand six hundred and seventeen.
At the farce called an election, the Of
6cers of General Banks returned that
eleven thousand three hundred and forty.
six ballots were cast but whether any,
or by whom, the people Of the United
States have no legal assurance but it is
probable that four thousand were cast by
soldiers or employees Of the United States,
military or municipal, but none according
to any law, state or natioGal, and seven
thousand ballots represent the State Of
Louisiana.
Such is the free constitution and gov.
ernment of Louisiana and like to it is
that Of Arkansas. Nothing but the fail
ure of military expedition deprived us
Of like one IN the swamps of Florida !;
and before the presidential election, like
ones may be organized in every rebel
state where the United States have q
camp.
The President, by preventing this bill
from becoming law, holds the electoral
votes Of the rebel states at the dictation
of his personal ambition.
If those votes turn the balance in his
favor, is it to be supposed that his com.
petitor, defeated by such means, will ac-
quiesce9 ?
If the rebel majority assert their su-
premacy in those states, and send votes
which elect an enemy Of the government,
will We not repel bis claims?
And is not that civil war for the presi-
dency inaugurated by the rebel statesG
Seriously impressed with these dan
gers, Congress, the proper Constitution
al authority" formally declared that there
are no state governments in the rebel
states and provided for their erection at
the proper time and both the Senate and
the House Of Representatives rejected
the senators and representatives, chosen
under the authority Of what the Presi-
dent calls the free constitution and gov.
ernment Of Arkansas.
The Presidents proclamation "holds
for naught" this judgment, and discards
the authority of the Supreme Court, and
strides headlong toward the anarchy his
proclamation of the 9Th Of December in-
augurated.
If electors for President be allowed to
be chosen 10 either of those States, sin.
lister light will be cast on the motives
which induced the President to "hold
for naught" the will of Congress rather
than bis governments in Louisiana and
Arkansas.
That judgment Of Congress which the
President deies was the exercise of an
authority exclusively vested in Congress
by the Constitution to determine what is
the established government in state, and
in its own nature, and by the highest ju.
dicial authority, binding on all other de-
partments of the government
The Supreme Court has formally de.
clared that under the fourth section of
the IVth article of the Constitution, re.
quiring the United States to guarantee to
every state republican form of govern.
ment, "it rests with Congress to decide
what government is the established one
in state )" and "when senator's and rep
resentatives Of state are admitted into
the councils of the Union, the authority
of the government under which they are
appointed, as well rs its republican char
acter. is recognized by the proper consti-
tutional authority, and its decision is
binding on every other department Of the
government, and could not be questioned
in a judicial tribunal. 1t is true that the
contest in this case did not last long
enough to bring the matter to this issue
and, as no senators or representatives
were elected under the authority Of the
government Of which Mr.. Dorr was the
head, Congress was not called upon to
decide the controversy. Yet the right to
decide is placed there."
Even the Presidents proclamation of
the 9Th of December. formally declares
that "whether members sent to Congress
from any state shall be admitted to seats
constitutiOnally, rests exclusively with
the respective Houses, and not to any ex-
tent with the executive"
And that is not the less true because
wholly inconsistent with the Presidents
assumption in that proclamation Of 8 right
to institute and recognize state govern
ments in the rebel states, nor because the
President is unable to perceive that his
recognition is o nullitY if it be not conclu.