Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-07-13
THE PRESIDENTS PLAN OF REORGANIZA-
TION.
[From the Washington Chronicle

1t has been charged that the President
IN some OF the measures recently adopted
by him In reference to the reorganization
of subvcrted State Governments, has as
sumed to exercise powers Inconsistent with
his well-known theory, that the so-called
seeded States have never ceased to be
States in the Union.
AS we understand his theory on this sub
ject 1t is simply this He holds that the
treason and rebellion of portion Of the
citizens of "a State, even though cons titu-
ting large majority, cannot destroy the
political rights, under the Constitution, OF
those who remain loyal He holds that or
dinances of secession, and all State laws
i'll violation of the Constitution, and hostile
to the Federal Government, are simply
void, and can affect the rights of no one
who has neither aided in their enactment
or maintenance, nor voluntarily assented
thereto. He holds, with the early expoun-
ders of the Standardization Madi-
capacity is incapable of committing trca
son. and hence cannot be punished for that
crime that those who have voluntarily
participated in the rebellion are personally
9ultty Of treason, and personally responsible
therefor, but that the treason of A, B. and
c cannot be imputed to D, who has not
participated therein, and destroy any of
his rights under the Constitution, simply
because he may happen to be citizen of
the same State.
If this theory be well founded, it follows
that the rebellion Of State has not de-
| Stroyed any of the constitutional rights of
the loyal citizens thereof. 1t has merely
suspended the exercise and enjoyment Of
those rights for the time being. And, when
the rebellion in any State is suppressed,
the loyal citizens Of that State are entitled
to resume all the rights pertaining not on
| ly to citizens Of the Undcd States, but to CT
izenS of State IN the Union But, while
these rights may be perfect in lar, there
may still exist obstacles to their immediate
practical enjoyment. When a State has
been for years under complete dominion of
rebels, maintaining a Government DE- fdct0
to the utter exclusion of all legitimate au-
thorlty, the suppression of that spurious
government leaves the State III a condition
of helpless anarchy. The loyal people are
| in law entitled to resume all their cOnstitu-
tional rights yet it is manifest that they
cannot exercise some of the most impOr
tant of those till State organization is re-
stored, Certain preliminary steps must be
taken to set the machinery of State gov
ernment in motion. There must be some
recognized authority to order elections, to
appoint suitable persons to conduct them,
to decide who are elected, to issue commits
sions, and to perform many other similar
duties. There must be men temporarily
clothed with authority to conserve the
peace, and protect the persons and proper
ty of the people against violence and crime
until regular government can be reor-
ganized, Some persons having authority
must take the initiative Of these matters.
Who shall it be No citizen or number Of
citizens of the State have the necessary au-
| thority. The old State Government is in
allegiance, because every office under it
! has become vacant The Constitution has
made no erpTeSs provision on the subject.
Such a state of things as the utter subver-
sion and extinction of State organization
does not appear to have been anticipated
| by its trainers, and hence no specific pro-
vision was made for such case. Yet it is
believed that the Constitution does, by
necessary implication, provide the ade-
quate remedy. The Constitution imposes
upon the Federal Government the duty of
guaranteeing to every State republican
form of government. 1t enioins upon the
President the duty to "prescrve, protect,
and defend the Constitution of the United
! States" and to take care that the laws be
faithfully executed Neither of these du-
ties can be performed towards the people
of disorganized State. The imposition of
these duties upon the Federal Government
carries with it, by necessary implication,
the incidental pO1rer to use such means as
are absolutely necessary to their fulfill
ment
The duty of guaranteeing to every State
a republican form of government is doubt
less enioincd upon the Legislative as we'll
as the executive department of the General
Government Each in its sphere is bound
to exercise its legitimate powers so as to
secure that end The duty to see that
the laws be faithfully executed" is speci,
ally enjoined upon the President. In the
case of State whose legitimate Govern
ment is totally disorganized, the obvious
means, indispensable to the fulfilment of
both these duties, is a reorganization OF
the State Government. This can onlyabe
effected by the appointment Of Provls-
ional Governor, or some other agent to eX-
ercise, temporarily, the functions OF chief
magistrate. The appointment Of such an
agent is clearly an executive duty In the
absence Of any express Legislation on the
subject, the President unquestionably has,
as incidental to the performance Of duties
imposed upon him by the Constitution, au-
thority to appoint such an agent, and in
vest him with the powers necessary to eff
feet reorganization of the State Govern
ment. By no other means can he fulfill the
duties enjoined upon him, of guaranteeing
to the people of the State republican form
of government, and of securing the faithful
execution of the laws of the United States
therein.
If it be conceded that the President has
power thus to take the initiative in reor
ganizing the subverted State Governments
how far has he the right to dictate the prin
cipIes upon which these Governments shal
be organized? We understand the Presi
dent to disclaim all authority in the pre-
misses, except such as is absolutely neces
sary to secure to each State a republican
form of government, in due subordnatior
to the Constitution and laws of the United
States If he did not so exercise his au
thority as to secure these ends, he woulC
! not be actino in the DISCHARGE of dut,