The Portland daily press., 1865-10-13

WIN yolJper1hI me 10 MAKE lew Eeilarhs
suggested by your short article in Mondays
Press, entitled AInJ or out% Twill try to be
as brief as possible = = ~ avs =
hold that the true 'pbfnt of departure Tor
reconstruction is President JOhnson's emphasJ
ic declaration in his several proclamations,
that the rebellion in certain States Destroyed
csR Grill 6ooernnaent Tins declaration I'take
to be the exuression of a fact which can neith-
err he denied nor evaded. Butbefore attempt
ing to show it to be SO, there Is q grave con
sideration to be noted. eafbeas (
The States lately in rebellion are to be re-
habilitated. Some men would prefer the term
re-admitted, but it viii depend altogether up
on how Congress acts, whether practically,
this viii not be q distinction without differ
encs Now what viii be the practical relation a %
of Congress to this whole matter of reconstruc-
tion2 It will be plainly shut up to single
alternative-there can be no other-it must
either legislate on a doubtful theory or on the
ground of fact. / say doubtful theory 's ~
notsoP Take the two theories towhich you
refer. the one that the States in rebellion took
themselves out Of the Union, the other that
they were never out at all. How will any
one pretend to say that either of these the
cries so long. as it is opposed by some of the
ablost,nen ofsthe land not adoubtfd one,
outside Of mere private individual conviction,
Congress then; hit legislate on theory at an.
must legislate on doubtful one. But happi-
ly it is not obliged to legislate on theory. It
has broad impregnable ground of facts on
which to stand. ID ia. % S8DN
Lrefer now to two fundamental facts, each
to be considered by ITSELF although they are
scarcely separate The first is, that certain
States actually went out OF this Union, cute
the so-called United States. This 1 simply
state, without reference to any theory whatev-
or, as an absolute unimpeachable fact patent
to all the world. Thus, the State Of South
Carolina renowned her allegiance to the gov
eminent of the United States, and uader
complete political organization with all the
formalities and solemnities of law, declared
herself free and Independent State. To use
q figure, she left the port with every sail set,
and her own flag fping at the masthead Ev-
cry man IN this land saw her go. Every man
in the land heard the gun, which in naughty
defiance oil. pursuit she fired in the offing. It
matters moi what were the motives of her GO
ing; it is nothing to the purpose that she had
no right to go-there is the plain open fact, by
no subtlety to,be evaded, that she did go. She
remained away four, years Nor is this all,
and it is of the first importance to remember
it, she not only declared herself free andinde-
pendent of the United States, but she Joined
herself to another power, power In deadly
hostility to the United States, swore allegiance
to it, was in fact a part of it, defended it for
years by force Of arms. Such is the first fact,
fact not to be denied in any manner what
ever, either in whole or in part, except ON the
ground that the whole land has been in
dream for the last four years, that there has
been no war, and that the Senators and Rep
resentatiyes of South Carolina have been oc-
cupying their old seats.
The second fact is what perhaps may call
Johnson's fact, since no other, within my
knowledge, has expressed it at once 50 tersely
and completely, viz. that the rebellion ode
stroyed all civil government" And this man.
ner Of stating it is something to be noted.
How does Mr. johnson put it? Decidedly,
without reservation; as a thing not to be de-
nied, not to be explained away, not even 70 be
questioned, not mere opinion but fact. And
fact it is. Butin what sense did he say that
all civil government was destroyed2 EVIDENT
ly, and nothing else, in view of the Constitu-
tion. OF course he could not have meant the
absurdity that during the rebellion the seeded
States had no civil governments at all. As
well might a man stare the sun in the face,
and say there is no sun. Take South Carroll
ma, and what was there necessary to consti-
tute civil government that she had not2 Had.
Che not an organic law,a an executive, legisla
ture, judiciary, and were not these, TO our
sorrow, all in the most complete and actively
working order? But why argue the points.
The rebellion in South Carolina destroyed ali
civil government in view of the Consultation
of the United States. Let us see how it did
it. Two things, according to the definitions,
constitute a complete civil government in ac-
ton, its civil polity or constitution, and the
persons who administer that polity.l Now. as
to the latter, nothing need esaid, since the ma
tional government has always and of necessity
assumed that they did not exist. 1t has meyer
recognized the legitimacy of single officer in
any one Of the States in rebellion. There re-
mains then, only the conshtution--the con-
stitution of South Carolina, for instance
What became of ita 1t was taken bodily, ut
terly, from under allegiance to the govern
ment of the United States, and transferred
with all solemnity to another government
1t was therefore in the view Of the constitution
as completely destroyed as its working agen-
cy most certainly was; and nothing is want
ing to the truth Of the Presidents declare
ton, that the rebellion destroyed all civil gov
eminent.
Now, If it be a fact that the rebellion of
South Carolina in the view Of the constitu-
ton destroyed all civil government in South
Carolina, what is the only relation in which
she stands to the United tStates2 Simply as
as population or people owing allegiance to it.
What more can there be Pls CAN'T stil DC. said
after THIS that she stands in relation to it as a
political state? But who everbefore heard If
apolitical state without administrators or ~,
organic law in which all civil government
has been destroyed? As well MIGHT ,,,o,,
after blowing out the contents Of an ese, hold
it up and cry, "See thisegg" Its a shell and
shell only. So you may call a thing poll.
teal state when all civil government is de.
stroyed, but it is shell for allithat. The lines
may be there, but nothing esle, and the name
will deceive nobody. " ~ w.
Thus, then, under President, Johnson's re-
markable declaration the way is fairly open
for Congress to discard doubtful theories, and
legislate on the ground of fact alone .
v zsH Y .9a4ga7 ONDBRLoT. 4
AnIndication Of Progress. hM 80
The lewiston Journal has an account of