Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-08-23

Ihe hebdlious States, haye9ubllshed a protest
against he extraordinary course OF Presiden:
Lincoln in the treatmcnt0l the reconstructlon
bill passed BY the last C3lgress. The President
dldn { veto the bill -hlugh bis action amour
ted to a veio but put tin bis pocket, and after
Congress adjourned tookpcca5ion to issue proc
lamatlon giving some ieasons Tor declining to
sign the MI, but con derately stating that ho
should be willing to obserge--as far as he
thought beA-its provisions This course was
80 unusual Md the PROCLAMATION in many re.
specIs was y open to sharp criticism, that
MessTs. Wadeand PAWS have not been able to
deny themselves the pleasure o. printing their
views respecting it, and they have written a
pretty severe ryew Of this executive act. We
haven space for the whole OF this protest, but
glyo some eItrlcts from IT,
The pot5a is addressed to the supporters
Of the Government and commences as lol.
lows
We have rad without surprise, but not with
out IbdlgNatlon, the proclaim alton OF the Preal
dent of the 'th OF july, 1864.
The supptters Of the Administration are re-
sponsible to te country for is conduct and IL
10 their rightlnd duty to check the enroacl-
Dents OF theExeeGtyo upon the authority OF
Congress, ard to require 10 to condne itself to ts
proper sphere
IL is impossible 10 pass 10 silence this prlcl4-
nation wlthourneglecung that duty and, hay
my taken as much responsibility as any others
in suppo ting be Administration, we are not
disposed to tai IN the other duty OF asserting
tbs rights Of congress,
The following opinion Of tho proclamation IS
expressed
The proclamation is neither an approval nor
veto OF the bill /, it is, therefore, document
unknown to he laws and Constitution Of the
United States
50 far as l'cout4ins an apology for not sign
ing the bill, 4 isa political manifesto against
the friends Of the Government
Do lar as ltpropJses ~ execute the BIZ which
Is not law, i s grave Executive usurpation.
The protest then proceeds to state, that il was
the evident policy Of thus. ia the co Gioucr of
Mr.. Lincoln t. stlyo ID dlIl action On the bill
until the last Gay OF the ssssl0n-as was done
in the Senate-to furnish the President the ex.
cuse Of want OF tune Tor declinlng to approve
the bill and has policy was So wcil settled at
the White dousl, that even Gen. Banks under
stood it.at New Orleans long before The bill
paglpd tina SANTA 4 f.ar at,tin. ttt. t... a..
Presidents declaration that he ID uup-epared
to declare that the iree.s.at3 constitutions and
governments already adopod and installed in
Arkansas and Louisiana shall be set aside and
held i)r naught, ID considered, and the elections
in those districts, and the STATE governments
there reconstructed T are pronounced wors
than saams,-not 81 expression vi the pJpu lar
will, and only tue mere Instruments and tools Of
the xecutlye And the right Of the President
to treat the goy-Tumsn,, 10 LOUISIANA ana Ar
kansas as in any sense STATE governments, is de-
MED for the following reasons, which we re.
gard, as a matter Of argument aud authority, as
much the strongest point III the protest.
Seriously impressed with taese danger, Con.
gress, the proper consti ulIo lsl authority, for.
mally declared that there are no STATE Govern
menIs IN the rebel States, and provided Tor their
erection at proper time; and both the Senate
and the House OF Representative reiaotaa ih4
'oaators aud representatives chosen under the
authority OF what the Preslden; calls the free
and Government OF Arkansas.
The Presidents proclamation e holds for
naught this Judgment, and dlscards the au-
thorliy Of the Supreme Court, and strides head.
long toward the anarchy his proclamation Of
the Sth OF December lnaugurated.
Ii electors Tor President be allowed to be
chosen in either Of those States, % sinister hight
will be cast On the motives which induced the
President, to " hold Tor n.ugnt" che will of
Congress rather than ms GoyeInm,nt in Ijui.i.
ana and Arkansas.
That Judgment OF CJngr.ss which the Pfes.
dent detes was the exercise Of an authority tx
clusyely vested in Congress by the constitution
to determine what is the established Govern
ment 10 State, and IN lis own nature aud by.
the highest judicial authority binding on ali.
other departments Of the Government.
The Supreme Court has formally declared
that under the 4th section oil the IVth article
Of the Constitution, requiring the United States
to guarantee to every STATE republican form of
Government, " IL rests with Congress to decide
what Government is the established one in
State and when senators aud representa-
tlyes Of State are admitted into the councils oil
the UnUn,thc authority OF the Government under
which they are appointed, as we'll as It's repub-
lican character, is recognized by the proper CON
authority, anu rs decision is hndinr
on every other depar tment OF the Government,
and could not be questioned il a judicial trlbu.
nal 1t is true that the contest in this case did
not last long enough to bring the matter to this
issue aLd as no senators or representatives
were elected under the authority OF tue 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 Stb
81 December formally declares that " whether
members sent to Congress tom ANY State shall
be admitted 10 seats, constltu,ionally rests excu
siyely with the respective houses, and not to
any extent with the Executive"
And that rs not the less true because wholly
Inconsistent with the Presidents assumption in
that proclamation OF q right to institute and
recognize state governments in the rebel states,
nor because the President is unable to perceive
that his recognition is nullity It it be not con.
elusive on Congress
Under the Constitution, the right to senators
and representatives is iuseparable from a STATE
Government
II there be u State Government the right is
ABSOLUTE.
1t there be no Safe Government there can be .
10 senators or representatives. chosen.
The two Houses Of Congress are expressly do
'lared to be the sole judges OF their own mem
lers
When, therefore, senators aud representatives
re admitted, the State Government. under
whose authority they are chosen is concluslyely
Established when they arc rejected, ts exist.