Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-08-10

They cannot live day without his support.
They are mere oligarchies, imposed on the
people by military orders under the forms
of election, at which generals, provost
marshals, soldiers and camp followers were
the chief actors, assisted by handful of
resident citizens, and urged on to prema-
ture action by private letters from the
President. ,'" -.
In neither Louisiana nor Arkansas, be-
fore Banks's defeat. did the United States
control half the territory or half the popu-
lation. In Louisiana, Gen. Banks procla-
nation candidly declared: "The .fatnda,nen-
tGlla1 of The State is martial ta,o."
On that foundation of freedom, he erect
ed what the President calls ''the free Consti-
tuition and Government of Louisiana" go.
But of this State whose fundamental law
was martial law, only sixteen parishes 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 233, 1856 inhabitants; the residue of the
State not held by us, 575,6l7.
At the farce called an election, the officers
of Gen. Banks returned that 11,346 ballots
were cast, but 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 or employees of the United
cording to any law, State or National, and
1000 ballots represent the State of Louisi-
ana. a .'..
Such is the free Constitution and Govern
ment of Louisiana; and like it is that of Ar
kansas. Nothing but the failure of mill
tary expedition deprived us of a like one in
the swamps of Florida; and before the
Presidential election, like ones may be Or
gained in every rebel State where the Uni
ted States have camp.
The President, by preventing this bill
from becoming law, holds the electoral
votes of the rebel States at the dctation of
his personal ambition.
If those votes turn the balance in his IA
yor, is it to be supposed that his competitor,
defeated by such means, will acquiesce?
IT the rebel majority assert their suprem-
acy in those States, and send votes which
elect an enemy of the Government, will we
not repel his claims?
And is not that civil war for the Presi-
dency, inaugurated by the votes of rebel
States?
Seriously impressed with these dangers,
Congress, 'the proper constitutional authority" "
formally declared that there are no State
Governments in the rebel States, and pro-
vided for their erection at the proper time;
and both the Senate and the House of Rep
resentatives rejected the Senators and Rep
resentatiyes chosen under authority of what
the President calls the Free Constitution
and Government of Arkansas.
The Presidents Proclamation "holds for
nduyhtn this Judgment, and discards the au-
thority of the Supreme Court, and strides
headlong toward the anarchy his Proc
lamation of the Sth of December inaug-
urated.
If electors for President be allowed to be
oh in oil Of ini ctn
light will be cast on the motives which in
duced the President to "hold for naught"
the will of Congress rather than his Gov
ernment in Louisiana and Arkansas.
That Judgment of Congress which the
President defies was the exercise of an au-
thority 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 judicial
authority binding on all other departments
of the Government. .l
The Supreme Court has formally declared
that under the 4th section of the IVth arti-
Gle of the Constitution, requiring the United
States to guarantee to every State repub-
lican form of government, sit rests acith
Congress to decide 1ohat Government is the
established one IN n Stdte;;" and "aohen SEN
atOrs and REPRESENTATIVES of q State are dd-
n,itted into the councils of the Union, the
authority of the Government under achich then
are appointed, as well as its republican char
acter, is recognized By the proper constitutional
authority and its decision is binding on every
other department Of the Government. and could
not be questioned in a judicial tribunal. It
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 Repres ita-
tives were elected under the authority of
the Government of which Mr.. Dorr was the
head, Congress was not called upon to de-
eide the controversy. Yet the right to de-
eide Is placed there" l'. sa."
Even the Presidents proclamation of the
Sth of December formally declares that
"Whether members sent to Congress from
any State shall be admitted to seats, consti-
tutionally rests exclusively with the res
pective Houses, and not to any extent with
the Executive" of y .9HJN. t.Ef .l..
And that is not the less true because
wholly Inconsistent with the Presidents
assumption in that proclamation of right
to institute and recognize State Govern
ments in the rebel States, nor because the
President is unable to perceive that his
recognition is a nullity if it be not con-
, elusive on Congress. fi'2F3J tH.- u .-l
Under the Constitution, the right to Sem
ators and Representatives Is inseparable
from State Government. mlI Gnu Z.
! If there be State Government, the right
is absolute. J" a..a.u- -a4 p. 80 p
If there be no State Government, there
can be no Senators or Representatives cho-
sen. y .lia gig ,. on .''. Hz.iil p] fH2.
The two Houses of Congress are express
ly declared to be the sole judges of their
own members. 1F'' l ! ff. r''
When, therefore, Senators and Repre-
sentatives are admitted, the State Govern
ment, under whose authority they We're
chosen, Is conclusively established; when
they are rejected, its existence is as con-
clusively rejected and denied; and to this
Judgment the President is bound to SUBJ
NIT. " b7T hue 5a- fgah 4ved OF
The President proceeds to express his
unwillingness 'to declare a constitutional
competency in Congress to abolish slavery
in Statesr as another reason for not signing
the bill. jYIid-c -.,g sr., eia.sn.7 ~ssdI 4
But the bill nowhere proposes to abolish
Slavery in States.
The bill did provide that all slaues in the
rebel States should be mdnun,itted.
But as the President had already signed
three bills manuInitting several classes of
slaves In States it is not conceived possible
that he entertained any seruples touching
that provision of the bill respecting which
he is silent. ,]He!a iLliHia1 j'HI .91lF
He had already himself assumed right
by proclamation to, free much the larger
number of slaves in the rebel States, under
the authority given him by Congress to use
military power to suppress the Rebellion;
and it is quite inconceivable that the Pres
ident should think Congress could vest in
him discretion 1t could not exercise it.