New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-04
THE pREs1nENrs rRocLAmAr1oN.

The telegraphic version of the Presidents proc
lanaton although it reports to be literal trans
script, isnot by any means free from inaccuracies.
For instance in the enumeration of States to which
| the proclamation applies the names OF several are
omitted In one place Texas is not named, and in
another place Virginia and North Carolina are not
| embraced in the list. The Picayune thinks that
Texas was omitted in consequence of the fact that
the Convention of that State has not yet concluded
its labors Yet in the first passage Texas is mem
toned among the States which are declared to
be in condition Of peace. We think there
fore, that the omission is purely aceidental-that
in fact all of the late Confederate States were
embraced in the Presidents view of the situation,
and that his proclamation, whatever may be its
legal effects, was intended to be general and COM
prehensive. Hence, no such question as that sug-
gested by our contemporary can arise-to.wit
whether the war is to be deemed officially termi-
mated from the date of this proclamation. or
whether it is to be considered as still fragrant in
those States the names of which are omitted.
On the other hand it seems equally plain that, in
a purely legal sense, the termination of the war
does not depend on the date of this proclamation.
The intent Of the document is far other than sim
ply to notify to the world fact which for months
has been notorious. The cessation of hostilities
and the actual pacifcation of the country consh-
tuted the true close of the war. In any legal issue
| depending on this question courts would doubt
less permit the fact of war peace to be proved
just as any other factmay be proved.
Iii is for no such purpose as this that President
johnson has issued his proclamation but rather to
deprive the opponents of the restoration of the
! Union of the pretext that war, technically and
legally. still exists because the return of peace
has not been certified by Executive proclamation.
Another, and very important object is to relieve
the Southern States from military government, and
restore the uninterrupted rule of the local civil
authorities. This would seem to be the natural
effect of the proclamation although it is probable
| that the military officers in command of Southern
departments will await special instructions before
renouncing the right to exercise the authority
heretofore vested in them. This would be the reg
ular course, and we presume that it will be the
course adopted in this instance. 3s 5HtT
From the date Of the official PRONUNCIATION of
this proclamation martial law ceases to exist
within the late Confederate States. Those States
are thus relieved from the pressure of the anoma
lous and abnormal powers exercised over them, by
the Federal government, for particular purposes
which the President now declares to be accom-
plished. They are, consequently left to the unre-
stricted enjoyment Of their local and municipal
autonomy, and, SO far as their relations with the
executive branch Of the government are con-
cerned, they are now on footing of equality with
the rest of the States.
/ 1t is very suggestive of the frmness with which
the President clings to his reconstruction policy,
and to his main idea Of the ndestructibility of the
Union that he sights opportunity to reject and
condemn the radical doctrine of State suicide.
In the proclamation he strenuously insists on the
constitutional theory of equality of State rights,
and he very briefly, but very etfectualy, dsposes
of the Sumner-Steyens programme, by laying
down the fundamental proposition that territorial
organizations are unknown to the Constitution and
were never contemplated by that instrument.
This is true doctrine. By the acquisition of terri
tory the anomalous territorial organization became
anecessity of our system, but any one that would
at the time of the adoption of the Constitution
have argued the possible lapse of any of the States
into a territorial condition would have been con
sidered demented
1t remains now to be seen what effect this meas
ure will have on the relations existing between
Congress and the President. Logically, it follows
from the Presidents positions, that any legislation
henceforth adopted by Congress, during the excul
sion of the Southern delegations, would be
invalid, or at least not binding on him. Should the
civil rights bill be passed in spite of his veto, by
two-thirds of the Senators now present, he might
maintain that the two-thrds vote con-
by the Constitution had not been OBJ
tained and that, therefore, he would not be bound
to enforce the execution of the law. Still further
he might hesitate to enforce any scheme of taxa
ton including unrepresented States, in defiance Of
the constitutional requirement that taxation and
representation shall 60 together and shall be uni
form. These considerations, however, will have
very little influence on the radical majority in Con
gress. The President will present them to the
people for discussion and decision relying for sue
cess on returning of justice, and on lin
gering regard for the principles on which the gov
eminent is founded, fora genuine republicansm,
and an enlightened democracy, and for the great
doctrines of civil liberty now so seriously endan-
gered by party ambition and vindictiveness.
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The FAIR GROUNDS RACES will commence on
Thursday next. The track is in fine order and the
grounds exceedingly pleasant to look at. A num-
Der of stables are in attendance from different
parts of the country, with high melted coursers
trained to contest the very liberal purses offered
Capt. Tom Moore, from Kentucky, has in his
stable Beacon, Maiden, Pripateer, Hoffman, Blue
Flag, Mike Ederar'0ls, late Tnroysneck, and b. f.
by Lightning.