, 1866-11-29

ten law Or Constitution known to be In exist,
ence. To blot ont this Confederate authority,
Slntc aud national, WAS TO lcaTe the people
efthose States With clean aud unstaiaed
statute book. upou which they were to be.
rim anew, aud ~ ii they had never ps vEously
Inoxn or heard or u written constitution OF
fu,m Of government. That this Is faithful
statement of tho actual state Of IL, case will
no, be denied by any one. 1t was officially
proclaimed bY Andrew johnson himself, as
his apology for directing State govern
tucnt to be formed In each of these |
States. The people Of those
States, be said, and said truly, were without !
any civil government Of any kind. The Con
stitution Of the United States Is equal to all |
emergencies. It seems to have been dictated |
By spirit OF prophecy. It contains this |
provision:
"The Cnfted States ehau gua.astec to every |
State In this Union republican form Of govern- |
1ncnr And ehal protect each Of them araihst inva.
he E1ecnt1sc when shc lee1slatare cannot b
cunvencd), against dome-tic violence"
Andrew johnson, claiming authority or
dered the initiatorr proceedings which were
10 result in the establishment Of new State
Governments. But the mistake Of Andrew
Jrhnson was IN reading the Constitution.
That instrument gives the authority to the
United States, and not 10 the President, and
tho United States in this case are represent
I'd by the law-making power. The
functions Of tho President do not
begin until Congress by law procla{ms
the will Of the United States, aud then
it becomes his duty to execute that will.
While this Is true, and II is equally true that
the sole power 10 originate State Govern
mcnts pertains to Congress, 1t Is In the power
of Congress retrospectively to give validity
TO that which otherwise would be void. The
people of California organized State Gov
clnment, without authority from any body.
and Cong1essa year later by accepting the
york, made it valid; and In these cases Con-
Eress might have at any time In Its discre-
tion given validity to the so-called State
Governments In the rebel States, by nd
| hitting them. Had Congress, in 1S5S, ad-
| 1.ittcd Kansas with the celebrated Lecomp-
! ten Constitu ution, the fraud would have been
! roue TIC less, but the State would have been
| admitted In that case Congress refused TO
acknowledge The State Government erected
In Kansas, and It ceased to exist, and in
t!csc cases, Congress having refused to re.
ccgnize the so.cal1cd State Governments
erected in the rchcl States, they arc, without
! II at recognition, rs defrnct rs was the Le-
! compton government Of John Calhoun. The
vial principle Of uIl State Governments is in
tlc recognition of those Governments By
tic United States, With that recognition
! they arc everything, without II they arc
of no more legal authority a. governments
! Of any portion ol The Union, than are the
governments Of the British provinces. Con-
| grcss having refused to recognize those 60
called State Governments, it is the duty Of
Congress to make good the Constitutional
guaranty Of Republican Governments, and
irr this purpose: provide at once Tcrritorial
| cr temporary governments until such time
tit the people Of the several rebel districts
shall tc prepared in spirit and in fact to rc-
! new 1oiitical relations as loyal people with
1Ecir fellow citizens in the States. From
tnis resume Of tAe case, two facts are EVIL
Cent:
/. There being no State Governments In
either of these States, known to or reco!.
nixed by tie United States, there eau be
no Legislature in either Of these States to
which an amendment to the Constitution
can be submitted for ratification.
9. That there being no such Legislature. Il
+ Il contemplated by the Constitution, 1n exist
! eoce in either Of said States, any action b!
I any so-called Lcgislatnrc, even If affirmative
. eau have no legal effect in rntifyin@ sai
= amendment until Congress shall rccogniz
the validity OF the eo-callcd Government, NJ
G retrospectively accept and approve Its aci
$ H., such Stale Government.
l. The Constitution Is practical always.
docs not require imposs!billties, and deals
: no distractions. When 1t required the n
y iiication Of the amendment by the Lestsl
} :ures oi three fOurths of the several State
'r 1t meant the Legislatures Of State Cover
r ments existing at the time Of the snbmlssit
of OF the amendment, aud known to md reco
= nized By The Government and lnws Of II
Cnitcd States as the Government Of State
20 It never required TINT amendments before
ID coming parts Of the Constitution should
n ratified by the Legislatures Of State Cover
lis mcnte unknown at the time. but Whit
t. might at some future period be formed, al
rs be accepted by the United States.
- We sec with pleasure that some Of tt
> leading Democratic papers Of tue caste
tn States, disgusted with the obslinacy Of Il
cd rebels, arc proposing that Congress M long
he wait upon rebel pride, but upon the rattle
IA ton of the amendment By three.fouFths
II, the twenty six States having State Cover
- ncnte, and having Legislatures knowuto t
no laws Of the United States, shall declare th
hs amendment to be in full force as part Of I
as Constitution. Thcre can be no 4uestf'
IT. rron the lacts or the law, aud We rejoice
,.t scs that leading Democratic papers have
=. good .cnsv IL ursu this practical course.
is' il fully any longer to tribe. IT tho 1eb
no will ln.ist In staying ont of the Union,
ess theu, do SO, but that Is no reason why
OF ! wheels ofGovcrnment should not be pusf