The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-12-19
Onr Constitutional Rights.

Have we any? That is a mooted question The
dominant party say we have not while others contend
that we have So for it would look though Tie
dominant party Lad Tie advantage, and felt disposed
to make the most Of t. Yet, with all their power
can they dsfranchise e southern men engaged ii the
Iatc rcbeIIion-so-caIed2 The Washington In;clIi-
ecucer saws not and argues as follows:
Congress cannot 90 behind its own blunder. Il
neglected 10 impose any disabilities on treason while
the oitensc was being committed Itcannotnow deny
to citizens their political rights the ground that
they have been engaged in rebellion Nor has either
it or the Executive any power to reconstruct States.
That is exclusively the work Of the citizens concerned.
If the State government in Vermont vas destroyed
BY an English invasion which held possession Of that ter
ritory for one or more years it would be in the power
Of the people, nay it would bctheir naiienabe right,
to meet III convention and re5rganise State sovern-
ment. And If The State Had been held % long BY
British 5ayonets that many Of the people had sue
cumbed and united IN the institution Of different
government, they would not from that fact be debar-
red from taking part as citizens in the reconstruction
Of Vermont, unless there was law to prevent it. All
that the Executive would have DO with the question
would be to ascertain ard announce THAT military re-
istance was 81 far overcome az to justify hc people in
the establishment Of civil authority. Virtually this
was done. On occupying the Sonth military law was
gradually Withdrawn, and as fast as the State govern
ents were rebablitated the civil authority was sub
stitutcd for the military.
1--WE do not deny that if Congress had been in scs-
sion !. nght have taken the determination Of this
question out Of tie bands Of the Executive But
unless this power was exercised it would be bound by
his acts Congress never made but one attempt to
determine en- what basis the people should exercise
their indefeasibe right Of re0rganisng their State
governments when overthrown by the rebellion and
That was defeated BY Mr Lncoln's failure to sigh the
bill. Iii the absence Of any legislation to control him.
the President sole Judge subject only the limi
tatious Of the Constitution and of express statutes
Tie recusant citizens in the absence Of law depriving
them Of their rights were legally citizens Of the United
States entitled all the privileges of such the moment
they abandoned armed resistance, and exposed only
to such penalties as the Law imposes
I'VE do not deny the right Of Congress to have dis
franchised every rebel penalty for his ofense but
not having done that We 60 claim that all save the ex
eeptel classes in the amnesty proclamation reha
bilitated, and that Congress has more legal su-
hority to destroy tie State governments Of the South
than the State government Of Pennsylvania OF Of
Illinois. 1t made bluudcr in failing to impose dsa-
Jiaes for treason, and to provide basis Of recon
struction, and it is now too late to think Of going be-
hind it. Reconstruction is not Andrew Johnsons work
The State organisations Of the South are not of his
creation. That was the work Of the Southern people
themselves Those organisations exist bF the act Of
tile men Of Mississippi ana South Carolina, BY the act
Of citizens who cannot now be punished by the arm OF
tile Federal Government, for tie bulk Of them are alb
solved Of their ofense by the terms Of their parole
and Of the amnesty proclamation,
We think it wouId be wcll for the Southern States
to have judicial decision on this question. It would
be easy to have case brought before one Of The courts
which should bring in the validity Of the State govern
ments and which can be carried up to the Supreme
Court. There may be some appeals already before the
Supreme Court Of the United States which be ad
jRsted so as to raise that issue Let the question be
fairly brought before that tribunal and let have
decision from the highest authority, whether or not
these excluded States have joao tide governments and
are entitled to representation, The Supreme Court,
We apprchcnd, will give Sudden quctus all these
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