Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1866-10-26
Reconstruction.
BY LEON ARD BACON, D. D.

The rebellion dil not destroy the
Union. Of course, the reconstruction
Of the Union is not the political prob
lem consequent or the overthrow OF |
the rebellion. The rebellion did not
destroy any of the states, nor did it |
divest any state. of it,, rights under
the National Constitution Ofcourse
the problem is neither the creation of
new States, as if we had conquered or
purchased Canada, nor the restoration
of the recovered States to forfeited
rights. But thu. rebellion did sweep
away all legitimate government in the
States which it seized and occupied,
so that those States existed for the
time being only iii disorganiZed and
anarchical condition. OF course, the
problem is the reorganization of those
States by the reconstruction of legiti-
mate State governments. How is this
to be done? In whose name, and by
whose authority?
/. The powers OF those subverted
governments did not lapse INTO the
hands of Congress. While the wal'
lasted, Congress was the legislative
branch of bclligerent government.
|: could only "raise all support
armies, provide and maintain ma
W, make lules for the government
and regulation Of the land and naval
forces, and concerning captures on
land and water but could enact
against the enemy all laws not incon-
siStent with the laws OF war as re-
cOgnized among civilized nations.-
Belligercnt enemies of the [ nj t d
States have no rights under the Con-
stltution; and, as against them, the
legislative power Of Congress is un-
| limited. But the end for which. in the
late conflict. the war powers of Con-
gress were to be employed was simply
the recovery of certain States from
the public enemy, and their restora-
ton To self government as States of
this Union under the National Con.
stitutlon and with the cessation of
the conflict those powers 90 into abey-
ance. Whatever power war gives,
peace takes away. BY the force OF
the term, war powers, or powers de.
duced not frou the Constitution. but
from the laws of war, are only for. the
state of war.
In time of peace, then, Congress has
no other powers than those which arc
derived expressly from the Consttu
ton. But the first principl" III the
Interpretation of that great charter is
not that the nation has reserved to it,
own government whatever powers il
} has not granted to the States. but that
the States have reserved to themselves
respectively, and to the people, a!
powers which they have not, by til,
Constitution, delegated to the Cnitet
statos. Tho limo OF ,icmarcutirsu IN
tween the powers delegated 10 tht
: Union and the powers rcs' rived to Iii,
, several States Is clearly drawn: l!ol
does the Constitution recognize an,
possible contingency in which the lat
ter may he absorbed Ia the former
But [ have said more than CT ough o.
a point too plain, perhaps. for illustra
ton.
2. If then the powers oi' the suoyer
/, ted State governments did not laps
into the hands of Congress, much les
did they lapse into the hands Of tn
President. The powers al the Pres
dent are carefully tiin.:d by the Coz
stitntion of the United States and b
| the laws. And as it is impossible 70
:" COurress To confer upon him any o
the powers not delegated to til
United States by the Constitution"
Is equally Impossible for him to obtai
possession of any of those powers
n any other way. The after apt on h
Il part to assume the power 'of re-estaI
r fishing subverted State government
. or OF debating the manner in which
shall be re-established, ca be nothin
less than palpable usu rpation.
D }. lnaSmuch as The "pOwer not del
4 gated to tue United States bv the Co
d stitution'' were reserved. not to Il
., State governments, but to the Stat,
themselves: aud inasmuch as Sta
government is not the State, but on
u the agency through which the Sta
ID exercises its reserved powers: tho.
" powers, when the legitimate COVER
ment was subverted by treason, we
still the reserved powers of what co
49, tnued to be the State-namely.
g those persons residing on its soil wi
a continued TO be loyal citizens of Il
- United States The loyal people
y the State, being delivered from Il
a psurprhS government established Ov
~ them by enemies of the United Stat
= are to reconstruct their own COVER
~ ment IN their own way, under the Co
4 Estltation of the United State, witho
g any dictation from the National &C
- ernnent. All that the President al
= Congress have to do in the case is
~ take care that the power is not SEIZE
40 again by the enemies OF TIE Unit
- States, and that no other tina "a
n publican form of government" is
-. tablished in the construction
10 Y. Independent.
ri ROBBERY .-An ungratefut Scot,