New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-05

BIT Of this State whose fundamental law waf
martial low, only sixteen parishes out of forycisht
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
233 ls5 inhabitants; the residue Of the State no,
held by US, 575,6l7.
At the farce called an election, the officers OF
Gen. Banks returned that ! ,3i6 ballots were cast
bH whether any or by whom the people of the
United States have no legal assurance; but it Is
probable that 1000 were cast by soldiers OF
employees of tho United States military or NUM-
cipal, but mono according to any law, State or
Louisiana.
Such is the free Constitution and Government OF
Louisiana; and like it is that of Arkansas Nothing
but the failure of military expedition deprived us
of like one in the swamps of Florida; and before
the Presidential election, like ones may be organ
lied in every Rebel State where the United States
have camp.
The President, by preventing this bill from be-
coming q law, holds the electoral votes Of tho
Rebel States at the dcation of his personal smbi-
ton.
II those votes turn the balance in his favor is it
TO be supposed that his competitor, defeated by
such means, will acquiesce
If the Rebel majority assert their supremacy in
those States, and send votes which elect an enemy
Of the Government, will we not rep"i his elnsmsf
And is not that OWL war for the Presidency, in
auguruted by the votes of Rebel States
Seriously impressed with these dangers, Congress,
"fte proper Constitutional 0pfhor'fy,' formally de-
olared that there arc no State Governments in the
Rebel States, and provided for their erection at a
proper time; and both the Senate and the House
Of Representatives rejected the Senators and Rep
resentatives chosen under the authority of what
the President calls the Free Constitution and Gov
eminent Of Arkansas.
The Presidents Proclamation "hoids for napgR
this Judgment, and discards the authority OF tho
Supreme Court and strides hcadlong toward the
anarchy his Proclamation of the 9Th OF December
II electors for President DO allowed TO be chosen
in either Of those States, sinister light will be
cast on the motives which induced tho President TO
"hod for naught" tho will of Congress rather than
his Government in Louisiana and Arkansas.
That Judgment of Congress which tho President
deics was the exercise Of an authority exclusively
vested in Congress by the Constitution to deter
mine what is the established Government in
state. and in its own nature and BY the highest
judicial authority binding on oil other departments
of the Government.
The Supreme Court has formally declared that
upder tho 18th section Of the WITH article Of the
requiring the United States TO guar
antee to every State republican form OF govern
ment "h rests nth Congress 10 deesderhat Gorerh-
nenf is The established one IN a State and "rheN
Senator's and Representatives. 81 a State are nd
.nit.ca into the councils of the Union, the author
nV of tho Gorcrnrucat under rchich hey are
cpooiated as well as its republican character, -
recognized By tic proper constitutional authority
and Us decision 10 binding on eVery other dcpGrf-
,aeni Of the Government, and could not be ques-
toned in judicial tribunal 1t is true that the
contest in this case did not lat long enough TO
bring the matter 10 this issue; and 10 Senators
OF Representatives elected under the authotii
Of the Government Of which Mr. Don was the
head, Congress was not called upon TO decide the
controversy. Yet the right 70 decide is placed
there"
Even the Presidents proclamaUeil of the 9Th o.
December, formally declares .hat "Whether mem
bers sent to Congress from any State shall be adj
United TO seats, contitutonally rests exclusively
with .ne respective Houses and not TO any extent
with the Executive"
And that is not the less true because wholly in
consistent with the Presidents assumption in that
proclamation of right to institute and recognize
State Governments in the Rebel States, nor because
the President ia unable 10 perceive that his rccog
milton Is guilty if it be not conclusive Oh Con
gress
Under the Constitution, the right to Senator,
and Representatives is inseparabie from a State
Government.
Ii there be State Government, the nigh. is all
solute.
fthcre he no State Government, there can be No
Senators or Representatives chosen.
The two Houses of Congress arc expressly declared
TO be the sole judges of tker own members.
! When, therefore, Senators and Representatives
ore admitted, the State Goyernaent under Whose
authority they were chosen, is coRclusiyely estab
lished; when they rejected, its existence is al
conclusivcly rejected and denied; and TO this jadg
nit the President is bound 10 submit.
The Prcsiden, proceeds to express his unwilling
ness TO declare constitutional competency in
Congress TO abolish Slavery in States as another
reason for not signing tho bill.
But the bill nowhere proposes TO abolish Slavery
in States.
The bill did provide that all sores in the Robe
States should be monumiked.
But as the President had already signed three