The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-03-30
How Shall the Rebel States be Reorganiaedp

How Shall the Rebel States be Reorganisedp |
To the Ed,torQf the Press:
have shown that the rebel states must be
reorganized with new constitutions, and both
Presidents Lincoln and johnson lay down that
doctrine. We have seen that new states
coming in, or territories in preparation to come
in as states, should be organized by Congress,
and that such has been the recognized law un-
der the constitution from the foundation of
the government. Article II. Sec. 8, requires
this course. The rebel states rest under the
same disability. They have not single Off
Ger within all their borders, authorized to call
a primary meeting, and the very next section
provides for their case. Section provides for
the organization of new states, and section A
provides forthe reorganization OF states, where
loyal state governments are overthrown or
displaced by rebellion. Here it is: "I,ne Uni
ted States shall guarantee to erery state in
this Union, a republican form, Of government,
and shall protect each of them against inva-
sion, and on application Of the legislature, or
| Of the Executive (,ohen the legislature cannot
be convened) against domestic violence"
This guarantee is very important contract
1t can be fulfilled only by and through the
agents of the United States. The United
States government has three great depart
ments. The first article in the constitution
concerns the legislative power; the second ar
ticle concerns the executive power; and the
| third article concerns the judicial power. All
the powers of the government are embraced
in these three great branches. Legislative
| power is vested in Congress subject to a con-
ditional veto of the President. The power Of
| appointment to considerable extent and the
| treaty making power are vested in the Presi-
| dent and Senate. But neither of these has
anything to do with the guarantee of repub-
lican form of government, required by the
fourth section of the fourth article.
In order to ascertain by which department
| the United States are to perform any duty re-
| quired by the constitution when that instru-
ment does not specifically declare, we must
look at the matter carefully and see to which
department it appropriately belongs Now we
see that this guarantee may in some cases re-
quire the raising, the supplying and the COM
handing of armies; and that in other cases it
may require the holding of elections, the de-
termination of the qualifications of voters, the
| determination of the time and place of prim-
| airy meetings, the determination of the man
ner of notifying such meetings, the determine.
ton ofthe persons to notify them, of the per-
| sons to preside in them and of the manner of
conducting such meetings, and the determine
| ton of the various other steps till republic
can government sha be organized. Now the
judicial department of the government has no
| means and no methods for performing any one
of these things. Therefore it cannot act for
| the United States in the performance of this
great guarantee. d al e.sL
1tmay be that state may be invaded by a
foreign enemy and its loyal government for a
time may be suppressed by such foreign enc
| my. 1t may be that an instruction may rise
up in state in opposition to the loyal state
government, threatening to overthrow such
government 1t may be that by reason of
such insurrection the loyal legislature can
not be convened. In such cases the duty is
| to be performed by an army. Consequently
it must devolve upon Congress and the Presi-
dent both. The President has no power to
raise an army and Congress has no power to
command an army. Congress must raise the
army, and the President by himself or by in
ferior officers must command it. In this way
both departments will be called into requisi-
ton in fulfilling this great guarantee of the
nation. We see this is so. The 9Th section
of the first article gives Congress power j"to
raise and support armies; to provide and
maintain navy; to provide for calling forth
the militia to execute the laws of the Union,
suppress instructions and repel invasions."-
Congress has full power to raise and support
the armies needed in the case.
The second section of the second article de-
clares that "The President shall be the Com
mander-in-chief Of the army and navy of the
United States and of the militia of the several
States when called into the actual service OF
the United States" When the army is pro-
vided, the President has full power to protect
the State from foreign ''invasion" or from "do-
nestle violence" as the case may be. ,-
II such foreign invasion or domestic VIC
lence is raised up against loyal State gov
eminent, after the invaders are driven out, or
| the insurrectionists are overthrown, the loyal
State government that is for the time sup
pressed, will at once resume its position and
move on under its constitution and laws.
The guarantee is completed by restoring the
loyal State government. 90 sag
That, however, is not the case with the
rebel States. The national authorities have
been five years in overthrowing the rebel gov
ernments. Their armies were not surrender
ed,nor completely dispersed until more than
four years, and the embers of rebellion still re-
main among the ashes ready to burst FORTH
In the exercise of these powers of war for the
overthrow of the rebellion, both Congress and
the President were employed, and justly, for
the whole thing was military. But now the
rebellion is substantially suppressed, no loyal
State governments remain. The rebellion
was not raised against loyal State govern
ments; but every one of the State govern
ments became dsloyaL Every loyal institu-
ton was overthrow. All loyal statutes were
annulled. There being no loyal institutions,
no loyal statutes, and no loyal State govern
ments, now the rebellion is overthrown, it be-
comes necessary for the United States to 90
farther and organize loyal State governments.
And how shall it be done? ]. C. W.
FORETlN MTSHETr NV ...