The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1864-08-24


the established government in a state
and in its own nature and by the highes
judicial authority binding on at other de
partmen.s of the government.
The Supreme Court has formerly declared
that under the 4th section of the IVtt
article of the constitution requiring the
United States to guarantee to every state
; a republican form of government, at rests
with Congress to decide what government
is the established one in state :" and
"when Senators and Representatives of q
state are admitted into the councils of the
Union, the authority of the government
under which they are appointed, as well
as its republican character, is. recognised
by the proper constitutional authority,
and its decision is binding on every other
department of the government, and could
not be questioned in 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 Rep
resentatives were elected under the au
thority of the government of which Mr.
Dorr was the head, Congress was not
called on to decide the controversy. Yet
the right to decide is placed there"
Even the Presidents proclamation of
ihe 9Th of December, formerly declares
that 'sWhether members sent to Congress
from any state'shall be admitted to Sc t ),
eonstitutionally 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 Presiden IS
assumption in that proclamation of a
right to institute and recognize state
governments in the rebel states, nor be-
cause the President is unable to perceive
that his recognition is nullity if it lie
not conclusive on Congress.
Under the constitution, the right TO
Senators and Representatives is inscpa-
rable from state government.
If there be a state government, the
right is absolute
If there is no state government, there
can be no Senators or Representatives
chosen.
The two houses of Congress are express
y declared to be the sole judges of thei-
When, therefore, Senators and Repre-
sentatiyes are admitted, the state govern
ment, under whose authority they were
chosen, conclusivelv established when
they are rejected, its existence is as con-
clusively, rejected and denied; and to this
judgment the President is bound to sub
NIT.
The President proceeded to express his
unwillingnces 'sto declare a constitutional
competency in Congress to abolish slave
ry in Slates," as another reason for not
signing the bill. .... -..-.
Blu. the bill now here proposes to abol-
ish slavery in states. s,........f .f..z.. ,5-..
The bill did provide that all slaves in
the rebel states should be manumitied.
But as the President has already sign
ed three bills manumitting several classes
OF slaves in states, it is not conceived pos
sibie that he entertained any scrup es
touching that provision of :he bill respec-
ting which he is silent. a..- e-.f s..-
He had already himself assumed right
by proclamation to free much the large
number of slaves in the rebel states, un-
der the authority given him by Congress
to use military power to suppress the re-
bellion and it is quite inconceivable that
the President should think that Congress
could vest in him discretion it could not
exercise himself .... .r g.-,o
1t is the more unintclligible from the fact I
that, except in respect to q small acted |
over again, under the forms of part of
Virginia and Louisiana, the bill covered |
only what the proclamation covered-ad7
ded Congressional title and judicial rem
edies by law to the disputed title under
the proclamation, and perfected the work
the President prefessed to be so anxious
to accomplish 5 ..... H.. d:
Slavery as an institu ion can be abol-
L - aL 20 a.
tinn of the United States, or of the law Of
the state; and this is the principle of the
bill ...-. ...-.....a - ..., -'-.
1t required the new constitution of the
state to provide for that probibi ion, and
the President, in the face of his own
does not venture to object
to insisting on that eonditi1n. Nor will
The country tolerate its abandonment
yet he defeated the only provision impos-
ing it p" g-.-: rz...5 ,.z ...9ss-
But when he describes himself, in spite
Of this great blow at emancipation, as
sincerely hoping and expecting that a
amendment abolishing slay-
cry throughout the nation may be adopt
ed" we curiously inquire on what his ex
pecthtion rests, after the vote of the
House Of Representatives at the recent
session, and in the face of the political
complex of more than enough of the
states to prevent the possibility of its adop-
ion within any reasonable time and why
lid he not indulge his sincere hopes with
20 large an installmept for the bless
rg of his approval efthe bill would have
secured. ,-'' 80
After this assignment of his reasons
'or preventing the bill from becoming a
aw. the President proceeds to declare his
purpose to execute 1t as law by his plen-
Try dictatorial power. -
He says: ..'
Nevertheless, I am fully satisfied with
he system for restoration contained in the
,ill as the very proper plan for the loyal
people of any state choosing to adopt it;
md that am, and at all times shall be