, 1866-04-04
THE SUPREME COERETANET-
ON EAON.


ON RECONSTRUCT C1ON.
1t will be remembered that in the letter
from Henry Winter Davis, recently published,
he cites the case Of Borden rs. Alien. How
nrd's 9. 8. Supreme Court Reports, as bearing
on the Jurisdiction Of Congress orcr Recon-
strnctfon. The case arose out oi tue dispute
between the old or Charter Government of
Rhode Island and the new State Government
attempted to be formed there by the People
under Thomas W. Dorr as Governor In 1872,
The action was brought by Luther {who ad-
lered to The Dan Govcrument) against Bor-
deu, IN officer Of the Charter Government.
Tor trespass In arresting Luther Us one engaged
in m unlawful attempt to overthrow The
Etate Government Of Rhode Island. Borden
defended on the ground that he was acting
under the lawful government, and that the
organization under which Luther had acted
was the unlawful and Tcbe1llous one.
On appeal from the Circuit Court to the q,
S. Supreme Court, Chief Justice Taney dcliv-
cred the opinion Of the Court, which turned
on the question which Of the two orgauiza-
tions claiming to be State Government va.
the lawful one, and what tribunal was en-
powered BY the Constitution to decide the
question. Chief Justice Taney said:
Moreover The Constitution Of the Untyed States
y tar n II has provided for NJ cne1cency OF tl,s
and. and nuihonzed the Genecal Goyctnmcut 10
t1ea1ed the subject political ia lis natu:e, ani
plnced the power in The ands OF ,ha: department..
UrdeE Ibis article Of the Consultation II rests
established one in STATE. For, as tie Uuitcd
states guarantees 10 each Stats a :tcpnolcan Gos-
anmcnt. toncres1 must necessarily decide shat
government Il est1b]t.hed In a Stae be.onr II can
drte1mine whether it + repubucau OF NOT AMI
when The senators and Rcprreentanyes Of STATE
srs sd%i.ted INTO .he council: of the un,on, ths
cprHaed bs ,Se rop y fs
nc, of 1he Govf aod od eolg 9.nef nn, h
TONED in tud.c1a1 tribunal it ts rms ihr. H.
tel IN tils case oid moi lust lon- enon" ~ he;ne
@ c. eisc;c mo 1do1 no M e! r.
The Gnycnren, a, Thfeh NJ nor w.s ~ hs,9 y
Congress wa< not called upon to decde ihe cot1o.
1c, 9enS :. ae me nght 10 decide is placed there and
So, loo rs relates 10 the e1anse in The .novc
mentioned article Of the Constitution. providing
ans o1 ersss o., o. Go9esne 10 aes M osnee. Essted Nt,o
10 Be adopted 10 falfi ihis casrznte, TEeJ mt.hi.
y ney bad deemed 1t most advisable to do 50. have
n 3rc 70 IT.
Federal Government to iuterferc- But Congress
tbe ast of Fer1n.= 20 no oonn1 %ase'y III sna y
cate Of an insuneciian in any Stale asinsi Ihe eoY
Snmsnt thereof, !. thals be hwfnl for the
Tie Legislature Of tpch s,.re a Of ,he EIsras,re
twhen tbs Legislature caauo, he conErned) to cali
1ls1 aeen n noe o. e Inc ia "a o, a1y o!asr sise
sufficient to suppress such insrrrecsiou,'
~ ms act. ne Po;ss: q dse,dine whether The
lie Tuiied s,stes j. bppad n snteTer H1se u u
the President. lie is to aet rpon the spplis.Ion Of
nen7 me ehie,s hs ,Is, OF o. me eeniye and conse-
ftitute the Legislature. and WAo Is tSe Governor
1e.ore &c ssn act The tact that both parties clan
alter ihe I" r,., e r. Gofe'1hh' ho;h snno, anno,
be entitled 10 1t. II there Il m armed coud,et HEs
me one which We s,s speakine Is case Of do.
fnsurre1inn aosfnSt ~ is,st 9:arern.t .nd
the e.ldent must Of necessity. decide which is The
rc,;nst Il ha1e e ot sr l. 1 ansyed
upon him by Tie act Of Congress. '~e1
In applying the principles above set forth
by Judge Taney to our present reconstruction
problem, 1t eeems apparent that Congress has
The clear authority TO decide what Is and
what is not lawful State government, aud
TINT this decision is made when Congress 3D.
mits Its Senators and Representatives, md
eau be made no other way.
But By the act Of 17)5, In case d military
conflict shall arise between two pretended
State goFelDments, both claiming to
represent the, same State, the President
Is empowered BY act IF Congress, and
not by the Constitution to suppress The un-
this authority he stands clothed with the In
eadcntal authority to decide which is the law
full and which the unlawful State Govern
ment. The Constitution simply provides
that the ssTnited States" shall on the arpll-