Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1864-08-11

Uler pOwef to gOve5n -. ~ M
Ms wisdom and pr,,dunce Gre - be our
ss,fIicitnt guarantees :! 81
lie farther says
"And, while ! am also unprepared to de-
clare that the free State constitutions and
governments already adopted and installed
IN Arkansas and Louisiana shall be set
ASIDE and held for naught, thereby repelling
and discouraging the loyal citizens who
have set Up the same as 10 further Ell
fort" :
That is to say, the President persists in
recognizing those shadows OF governments
in Arkansas and Louisiasa. which Congress
formally declared should not be recognized
whose Representatives and Senator's were
repealed b. formal votes of both Houses OF
Congress- which II was declared formally
should have no Electoral vote for President
and Vice President.
They are the mere creatures Of his will!
They cannot live day without his support
They are mede oiigarches, imposed on the
people by military orders under the forms
Of election, at which Generals, Provost Mar
shals, soldiers, and camp Il Lowe W.T.. the
chief actors, assisted by handful Of resi-
dent citizens, aud urged on to premature
action by private letters from the Presi-
dent
In neither Louisiana nor Arkansas, be-
fore Banks defeat, did the United States
control half the territory or half the popn-
| lation. In Louisiana. zen. Banks rrocla-
nation candidly declared 'Ihe fnnao,aen-
| tai lar Of tie ,state Is n.ortiat t,te.
On that foundation Of freedom, he erected
what the President calls 'the free constitu-
| ton and the government Of Louisiana"
But of this State whose fundamental law
was martial law, only sixteen parishes out
Of forty glt parishes were held by the
we held only our camps.
The eleven parishes vc substantially held
had 80, 49, inhabitants the residue Of the
State not held BY Us, 575, Gl7.
AT the farce called en- election, the officers
Of Gen. Banks returned that H. BAG ballots
were cast but whether any or by whom
the people Of the United States have no lc
gal assurance; but it is probable that 4, 900
were east by soldiers or employees Of the
Jnited States military or municipal, but
none according to any law, State OF Ma
tonal, and 1000 ballots represent the State
Of Louisiana.
Such is the free constitution and govern
mcnt Of Louisiana; and like it is that of
Arkansas. Nothing but the failure Of Il
military expedition dcpr we'd us Of a like one
in the swainps Of Florida and before the
Presidential election. Ike ones may be Or
ganized in every rebel State where the Unit
ed States have q camp.
The President, by preventing this bill
from becoming law, holds the electoral
woes of the rebel States ut the dictation of
his personal ambition.
II those votes turn the balance in his "a
vor, is it to be supposed that his competitor,
defeated by such means, will acquiesccs
II the rebel majority assert their suprcm-
acy IN those states, and send votes which
elect an enemy Of the government, will we
not tepel his claims
And is not that civil war for the Pre>i-
dency, inauguratcd by the votes OF rebel
States:
Seriously impressed with these dangers,
Congress, ''the proper constitutional au
thor;y,' formally declared that there arc no
State governments III the rebel States, and
provided for Their erection at proper time;
and both the Senate and the House of Rep
rcscntatives rejected the Senators and Rep
rcsentativcs chosen under the authority Of
what the President calls the free constitu-
ton and government OF Arkansas.
The Presidents proclamation 'holds for
naught' this judgment, and discards the au-
thOrty of the Supreme Court and strides
headlong toward the anarchy his procIama-
ton of the eth of December inaugurated
If electors for President be allowed to be
chosen in either of those States, sinister
light will be cast on the motives which in
duced the President to "hold for naught'
the will Of Congress rather than his govern
nent in Louisiana and Arkansas.
That judgment Of Congress which the
President de!ies was the exercise Of any 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
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-
lcan form Of government, 1T rests with
Congress to decide what government is the
established one in State" and ..when
Senators and Representatives Of a State are
authority Of the government under which
they are appointed, as well as its republican
character is recognized by the proper con.
sttutional authority, aud its decision is
binding on every other department of the
government, and could not be questioned in
ajudicial tribunal. It is true that the con-
test 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
winch 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
Nv neither members sent to Congress from
any State shall be admitted TO seats. con.
sttutionally rests exclusively with the res.
pcctivc houses, and not to any extent with
the Executive
And that is not the less true because
wholly inconsistent with the Presidents as.
sumption in that proclamation Of ! r,yht 70
Institute and recognize State governments in
the rebel States, nor because the President
Is unable to perceive that his recognition r.
nullity If it be not conclusive on Com
gress.
Onoer the Constitution. the right to Sen.
a'ofs and Representatives is insenaral,le
from State Government.
II 'here be State government, the right
is absolute. ~'' ''s"'
mere be no State government thcro
can pc no Senators or Rcdrescn,atives cho.
sen. e'io-