Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-08-16

| ave. anu lub ObutE VI bup AAOucp NOihisNNN W.
the Rebellious States, have published protest
against the extraordinary course OF President
Lincoln in the treatment Of the reconstruction
bill passed by the last Congress The President
didn veto the bill though his action amour
ted to veto but put it in his pocket, and after
Congress adjourned took occasion to issue proc
lamation giving some reasons for declining to
sign the BILL but CONSIDERABLY stating that he
should be willing TO obserye--as far as no
thought best-lts provisions. This course was
50 unusual, and the proclamation in many re-
spects was so open to sharp criticism, that
Messrs Wade and Davis have not been able to
deny themselves the pleasure Of printing their
views respecting III and they have written
pretty severe review OF this executive act, We
haven't space for the whole Of this protest, but
give some extracts from 1t.
The protest is addressed 3" to the supporters
of the Government" and commences as fol-
lows
We have read without surprise, but not with
out Indignation, the proclaim alton of the Presi.
dent Of the 9Th OF July, 1864.
The supporters Of the Administration are re-
sponsible to the country for is conduct and 1t
IS their right and duty TO check the eneroach-
ments Of the Executive upon the authority Of
Congress, and to require it to conGne itself to It's
proper sphere.
IL Is impossible to pass 10 silence this prOcla-
nation without neglectIng that duty and, hay
ing tgken as much responsibility as any others
in supporting he Administration, we are not
disposed to fail ia the other duty Of asserting
the rights Of Congress
The following opinion Of the proclamation is
expressed
The proclamation is neither an approval nor
a veto Of the bill it is, therefore, document
unknown to the laws and Constitution of the
United States
So far as il contains an apology for not sign
ing The bill, il is political manifesto against
the friends of the Government.
80 far as it proposes 20 execute the bill which
is not law, it is grave Executive usurpation
The protest then proceeds to state, that it was
the evident policy of those 10 the confidence oil
Mr.. Lincoln to stave of fnll action on the bill
until the last day Of the session-as was done
in the Senate-to furnish the President the ex
cuse Of want OF time Tor declining to approve
the bill and this policy was 50 we'll settled a
the White House, that even Gen Banks under
stood it.at New Orleans long before the bill
passed the Senate. After stating this fact, the
Presidents declaration that he is "unprepared
to declare that the tree-state constitutions and
governments already adoped and installed in
Arkansas and Louisiana shall be set aside and
held for naught, is considered, and the election
in those districts, and the State government
there " reconstructed are pronounced wors
than shams, not an expression Of the popu,a
will, and only the mere Instruments and tools q
the ,xeoutive. And tue right of the Presdcn
to treat tho governments in Louisiana and Ar
kansas as in any sense Safe governments, is de
MED for the following reasons, which we re
gard, as a matter of argument and authority, a
much the strongest point in the protest
Seriously impressed with toese dangers, Con
gress, the proper constl lutlonal authority, for
mally declared that there are no State Govern
mentr in the rebel States, and provided for thei
erection at a proper time and both the Senat
and the House OF Representative rejected th
senators and representatives chosen under tn
authority Of what the President calls the ire
constitution and Government OF Arkansas
The Presidents proclamation holds fol
naught this Judgment and dIscards the au
thorlty Of the supreme Court, and strides head
long toward the anarchy his proclamation O
the sth OF December lnaugurated.
Ii electors for President be allowed to b
chosen in either OF those States, u sinister high
will be cast on the motives which induced tn
President, 70 " hold for naught the will O
Congress rather than his Government in LouisI
ana and Arkansas.
} That judgment OF Congress which the Presi
dent deies was the exercise of an authority ex
clusively vested in Congress by the constitution
to determine what is the established Govern
ment In State, and in It's own nature aud by
the highest judicial authority binding on all
, other departments OF the Government.
The Supreme Court has formally declare,
that under the 4th section OF the lYth articl
OF the Constitution, requiring the United State
! to guarantee to every State u republican form q
Government, it rests with Congress to decid
what Government is the established one in
Stale - and " when senators and representa-
tives of State are admitted into the councils q
, the Union,the authority ot the Government unde
which they are appointed, as well as It's repub
lican character, is recognized by the proper con
stltutional authority, anu ito decision is bindlnl
on every other department of the Government
and could not be questioned in a judicial tribu
nal. 1t is true that the contest in this case di
not last long enough To bring the matter to thi
issue aid as no senators or representative
were elected under the authority OF the Govern
ment OF which Mr., DOrr was the head Congress
was not called upon tO decide the controversy
Yet the right to decide 10 placed there.
Even the Presidents proclamation OF the st
OF December formally declares that "whethe
members sent to Congress from any State sha
be admitted To seats, consutulionaly rests excll
siyey with the respective houses, and not b
any extent with the Executive
And that is not the less true because who'll,
Inconsistent with the Presidents assumption il
that proclamation Of a right to institute an
recognize state governments IN the rebel states
nor because the President is unable to perceiy
that his recognition is a nullity il it DO not con
elusive on Congress.
, Under the Constitution, the right to senator
and representatives is inseparable from a Stat
. Government
II there be State Government the right
absolute.
,, Ii there be no State Government there can
no senator's or representatives. chosen.
The two Houses of Congress are expressly dc
clared to be the sole judges of their own men
hers
When, therefore, senators and representative
are admitted, the State Government, unde
whose authority they are chosen is concluslye