The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-11-30
for no such emergency was ever
expected by them to arisa Rnf

Tor no such emergency was ever
expected by them to arise. But
common sense tells us that it was not.
therefore, intended that a State was
to be left without local government,
and its citizens in an unprotected
condition. as they would be, when
the rebellion was put down. It seems
to US that the inference is clearly
deduclble that the power given to the
PRESIDENT under the war provisions
OF the Constitution carries with it. as
necessity, the authority to re-
organize those localities which have
been IN rebellion; that this. in fact.
is part and parcel of the war power
vested in the President and Con
gress; for the work of enforcing the
laws and suppressing the insurrec-
ton is not completed until the
machinery of the local or civil
government is fully adjusted and
placed IN efficient working order.
There is not to be found in the
Constitution oHo word or SYLLABLE
authorizing the President or Congress-
to hold Il State which has been in
rebelllon as conquered territory. Any
such attempt on the part of either
would be unquestionably a direct
violation not only oi the letter but
the spirit of that instrument, as well
as OF fundamental law. It follows.
therefore, that the only course is for
the PRESIDENT to adopt such measures
as VIII secure Immediate organization
OF the local governments and enforce
ment of the civil laws which existed
IN the rebellious States previous to
the lnsurrection. This is the authority
which the President is now exercisipS
III his efforts tore-organize the Soutb
NO person would for moment
clam that a proclamation aboishino
slavery, issued in time of peace
would be constitutional; but it is
clearly constitutional when promuI-
gated during rebellion as war
measure. Thesame rule will apply
to the appointment of Provisional
Governors. They come in under the
war power and are part of the
machinery used to perfect and
complete the work of suppressinc the
rebellion. If the trainers of the
Constitution intended that an insnr.
rectlon should be crushed out. they
could not have desired the work to
be half completed, but thorough in all
respects. Nor was it possible for
them to enunciate the precise mode
OF proceeding as soon as the orcaniz-
ed resistance had been overcome
for the simple reason that it vas
beyond their power to tell whare or
how rebellion would rise and
furthermore, no two cases von11
require the same treatment in the
final settlement. All this had to he
left to the expansive power of the
Conssltutlon and the common sense
OF those who administered it at the
time that the events occurred. It is
mere that the President obtains the
rlght TO demand that each of those
states which have been in rebellion
shall ratlfy the constitutional amend
ment abolishing slavery. 1t is here
that he finds the power to Justify him
IN insisting that the late slaves shall
be allowed to testify in courts of
Justice. It is from this source that
ne has the authority to declare that
- hoooA oept snail Dc repudlated.
Unless we deny that the Constitution
gives to Congress and the President
ample power to suppress insurrec-
ton and enforce the laws in all
sections of the country, it must be
admitted that the authority to set
aside the rebellious local governments
IN the States which have been in
rebellion and to re-organize them, is
also fully inferred and intended.
although not explicitly expressed.
ANY other conclusion would plunge
us into endless confusion ana lead
us step by step until we finally landed
in chaos and ruin.-N. Y. Heruhl.
GENERAL KMPATRIcK.- THE dis
tinguished political services of Gen.