The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1865-03-18

Constitutional Powers.

The ready charge of the Democratic op
position to every measure for the natiOna
defense, or for such q settlement of the wa
as will secure permanent peacesis that iii.
Unconstitutional It means Simply tina
the Democratic party is opposed TO it. Blu
many Of our people have been led by this
continual accusation to believe that GU!
Cons.itu,ion' is clog upon the public de
tense, and That therefore it is necessary L
resort to- the supreme law fsthe public
safety or military necessity, to meet ths
iexigencies of civiiaw2r. vai3 200. -.
The public safety is the supreme law, bu
the written law was made in conformity
Herewith, and we will do well not to pro
ncnnce it imperfectly made until we arr
certain thatit will not warrant the things
that are necessary to be done. It was s
bas:E conclusion in this matter that Zee
General Banks to make that unfortunate
declaration in Louisiana, that Martial law
is the fundamental law Of the State" The
fundamental law in all the jurisdiction o.
this Government is the Constitution anC
laws OF the United States. The existence
OF local governments is not essential tl
their virtue. Where State governments dc
not exist, the Constitution and laws of The
United States are adequate to supply theil
place. In their jurisdiction martial Law
can only be temporary resource; it car
never be the Fundamental law.
VI the same character is the idea that the
Government of the United States exists on.
~ by the existence Of the State Govern.
naents, and that these must be kept up, eli.
ther in fact or In legal fiction, or the Gen.
eral Government will fall to the ground
Yet we do not see in the Constitution tina,
the General Government makes any r..
quirements Of the States, or asks any per-
mission OF the States. Their constitution.
ny existence is simply as 80 many unequal
election districts, entitled to unequal rep
nesentation, according to population. in one
House Of Congress, and to equal represent
alton. according to population, in the otn-
or. As Mr.. Madison said in the Constitu-
t1onal Convention, they are merely politi-
cal corporations, subject to the national
sovereignty. ae'
They may exercise local government,
subject to the supervision Of Congress,
which is required Ito guarantee to each
State q republican form of government;
and subject to the general provisions which
guarantee freedom Of speech and Of the
press, hG6cas corpas, trial by jury, and that
no person shall be deprived Of life, liberty
or property without due process of law; all
Of which Congress has the specific right to
see executed, and which, in the lapse OF
the local governments comprehend all that
ls requisite to protect persons, property
and au tho civil relations of society.
There is an idea of q similar character,
that unless we keep up the State Governs
ments, either in fact or fiction. we shall re-
cognize the secession Of the States. From
this We have on one side the claim that the
rebel population should De allowed free
election OF State Governments, and on the
other the various efforts TO force new State
governments into existence by military
process, or by an ostensibly civil process
directed and sustained by the military
From this comes Military Governors, an
Office unknown TO either civil or military
law. 81 - ..s3. IS
The Constitution and laws of the United
States are the fundamental law Of the land.
They require no Intervention, permission
them force and virtue. And the refusal Of
the people of the States to administer local
government does not in the least affect the
Jurisdiction of the United States. If they
do not maintain local government SO that
the people are projected in the rights guar.
anteed to them by the Constitution, 1t 10
the duty OF Congress TO see that they are
thus protected. Thus, instead of llipping
out Of the jurisdiction Of the United States
by allowing their State Governments TO
lapse, it is brought more directly nome to
them. 4,
Congress is obliged TO guarantee to each
State q republican form OF government
Where this exists already, the duties of
the guarantor are light. Where it 10 over.
thrown, the power and the duty extend to
all the means necessary to set aside ally
republican one. The Government of the
United States is q republican form Of gov
eminent, and is the best we know. It is
good for all the States whose governments
have lapsed, until Congress shall Judge
that the Loyal people arc competent to re-
organize them.
When these State governments are vaca-
ted by rebellion, and while they continue
vacant by the disqualification Of their in
ject to the Constitution of the United States,
which has power to provide all needful
laws to secure the inhabitants protection
TO persons and property. But as political
corporations their existence is suspended.
They cannot rebel againstthe Constitution,
and then have negative voice in the Cow
ernment by not electing Representatives
and Senators 10 Congress-. for the COnstitu.
ton provides that q majority Of those
elected sha,l constitute 3 quorum; nor by
not electirg Presidential electors, for the
provides that majority Of
those appointed shall elect; nor can they
have negative on amendments to the
Constitution, for they have no State Gov
ernments, and no existence ss States, and
therefore cannot be counted at all.
Our Constitution is not SO absurd ~ to
continue districts which are in open rebel
lion against it, constituent members Of its
bodies, by giving them q mega
tive on legislation. This would be the
same as it it had given them negative in
Congressional action by providing that y
majority Of the electors appo1tioDed to all
the States shall be required to elect. 1t has
done nothing OF tie sort in either case. II
q State fails to send Senators or Represen.
tatiyes they are not counted in the quo
rum If State does not appoint pfesi-
dental electors her quota is MOI counted in
finding the majority And IT State Gov
ernment is vacant it has no existence as q
State, and it cannot be counted either ac-
lively or passively negative in finding the
vote upon an amendment to the Constitu.
ton.
= We have seen an argument to this effect !:
that the Constitution requires that amend
ments shall be ratified by three-fourths Of
the States. To exclude the rebel States
from the count recognizes that they renot
States; and If not States they are out OF
the Union. We suppose this to be an ave-
rage specimen of the reasoning which
starts upon that conclusion. 1t is The same
idea that we have referred to above, that