The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-04-25
Legal Effect Of the Peace Proclamation.


Legal Effect Of the Peace Proclamation.
There would seem to be some doubt in the minds
OF the people in regard to the legal effect Of the
peace proclamation upon the southern States. The
subject is being thoroughly canvassed by all our
temporaries, and, IN the absence of official informa
ton from Washington defining its application, we
adopt the views Of the New York Day Book, as being
the abiest exposition have yet seen. The Day
Book argues that war between two nations foreign
to each other, ends not merely by the cessation Of
fighting but a solemn convention or agreement called
a treaty Of peace. civil war, ike that in which
have been engaged docs not admit Of this termina-
ton from the fact that the Confederacy having never
bad any legal existence and being annihilatcd alto
geher by the success of our arms there remained but
one party, and treaty always implies at least two
The late war commenced by proclamation Of the
president declaring certain States in nsarrecton and
as there is room for the treaty making power icon
ssting Of the president and the senae) to act in its
termination the declaration that it has ended must be
the sole act Of the president foreign war is de-
cared by congress, and ended by the treaty-making
power but the beginning and the end Of domestic
resurrection both proclaimed by the president 1t
has been judicialy decided Omitted States vs.. one
hundred and twenty packages that when the
president has proclaimed State to be in instruction
the courts must hold that this condition continues
until he decides to the contrary This necessarily
results from the nature Of the executive duties the
officer charged with the execution of the laws being
the only competent judge as to whether his functions
are INSTRUCTED
The proclamation, like treaty OF peace makes
great change in the legal aspect of important acts 1t
fixes date of which all the courts must take notice,
and which marks the formation of all laws having
especial reference to the state Of nsurrection.
The joint resolution Of congress, approved Feb
ruary s. 1865, excluding eleven States from particpa
ton in the presidential election was grounded on
che,ea8 setting forth that those States had been de-
clared in rebellion which had not terminated at the
date of the presidential election No such exclusion
is hereafter possible, nasmuch as the termination Of
the rebellion has been declared, by the branch of the
government having legal authority to make such pro-
clamaton. Congress more exclude those States
from the next presidential election than if they had
never rebelled. joint resolution to that effect
would be NULL for the same reason that all pretended
laws in opposition to plain provisions of the consttu
ton have no binding force. Their exclusion from the
presidential election would be a revolution and such
a revolution would have to be met by revolutionary
methods
The act of Merch 3, 1865, establishing the freed
mems bureau, was by its TERMS to continue during
the present of rebellion and for one year therea
ter The date Of its demise being fixed by the late
proclamation, the lreedmens bureau will cease to
have any legal existence on the ID of April 1867.
by the act of March 8, 1868, during the present
rebellion the president, whenever, in his Judgment,
the public safety may require it. is authorised to sus-
pend the writ of haJeos corpus in any case throughout
the United States, or in any part thereof By the
same act, any order of the president or under his
authority, made at any time during the existence of
the present rebellion shall be defense in all courts to
any action, civil criminal pending or to be COM
menced for any search, seizure, arrest or mprison
meut, made, done, or committed, or acts omitted to
be done under and by virtue of such order The
proclamation takes away the shelter for arbitrary pro-
ceedings afforded by this law, and renders all public
officers just liable private individuals for tres.
passes on personal liberty or private rights.
By president Lineolns proclamation of September
IT, 1868 suspendng the writ of Aa5eas corpus it was
declared that this suspension shall continue through
out the duration of such rebellion, or until this ppoc
nation shall, by subsequent one, to be issued by the
president Of the United States be modified or re-
yoked We have quoted this for its explicit recogni-
ton of the right of the president to do what president
Johnson has now done.
by this proclamation, tie southern States are
placed in precisely the same condition in. which they
stood previous to the rebellion. II their relations to
the federal government have been temporarily sus-
pended or Interrupted it solely BY the existence
Of rebellion; but the rebellion Being now officially
declared at an end all the constitutional rights Of the
nsurgent States revert Those States can hereafter
be subjected to exceptional disabilities without
plain and palpable violation Of the constitution, as
completely without legal excuse would be the inc
lion Of similar disabilities on Massachusetts or New
York"
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