, 1866-12-23

SUNDAY. DECEMBEB %, 1858,



Not Only the Executive branch Of the Govern
mGt. bat the 5uMeta1J branch. tusi uoR Islands
In tho wAg" OF enforcing sny ench nonsense as |
teat State czn commit ueason.-1sass.
The only portion Of the Judiciary branch |
Of the Government known to "staud in tha |
"way" nf such enforcement Is Judge Rafan,
tic Chief Justice Of the North Carolins bogus
state Government. BE declares that the
nscscut organization Of North Carolina is |
illegal, and that the Convention which an.
nuilcd the ordinance Of secession and repa-
dated the Stale rebel WAT debt, Vas called
"without the consent Of the people Of North
" "Csrplinn, By the President Of the United
Estates, under an act Of clGar and dcspotlc
"rsurpstiop."
On 1be Other hand, the Executive branch
pfthe Government declares that this act
vas legal and constitutional. right and
proper Soon a.tcr johnson assumed the
Presidency be Issued proclamation de.
ciaring that no civil law existed In North
Caroline. The rebellion had forfeited aud ,
rendered null and void the political orEanf-
zation Of the State, which WAS then ruled
and governed by martial law He appointed
a Provisional Governor, ordered an election
for delegates tc framc new Constitution,
directed who should vote and who had for
fitted then right Of suffrage, declared that
white rebels were disfrsnchtsed, and refused
to .!ow black loyslists to exercise the trau-
ch:se. Ard after The Convention was thus
cbcseu lle ordered It to do certain things and
forbade it doing other things.
Whatever Constitution and laws exist In
S;rth Carolina, whatever State charter or
political corporation is in force In that ststc,
owe their rarcntaEc TO tho Executive will.
acting Gu TIL assumption that State ;"
KAN commit trcasou, that North CArollna
did ct mmit treason, and therein forfeited
ard auuulletl leF eulirc political otEanixa-
tip. ...
Seven other rebel States were ''rchabilita-
ted" in the same manucr. 2nd rccciyed thcss
charters ard ordinances from the same au-
;lori,y Us North carolsna, viz: Andrew John
sou. Aud the C"pperhead party have en-
aorsed his acts. and insist That thosc govern
ucnts thus crec,cd By the Executive on the
ashes Of the former State governments, shan
be recognized hy Congress as lawful and bona
fdc State organizations, aid admitted In.
ftantly and uncouditiono!1y, to an equal par
ticirntion in tie Government and privileges
OF tic Union.
II those new State corporations made By
Andrer johnson are raid, will some Copper
the former corporations-sevc1al Of whom
we're older than the Constitution Of the
Cuitcd States, and dated back 10 the Revo-
luton Were they annulled in consequence
of1be inhabitants using them to promote re-
bellion and destruction Of the Union! Was
1t not because the corporators and Office
holders were involved In the crime OF rebel.
lion, al had employed the machiuery and
IN o1,n nrto IN
theis rebellion.
The grave mistake made By Andrew john
.on was, not in holding and declaring thai
the State organization Of the rebel State:
re-e forfeited an1 had become nall and void
and that new Consulutinpa must be createt
and new Governments erected hut bis mis-
take consisted in assuming that the Erect
tire individual constituted the United State
Government and was clothed with uulimitc
powetf. He thought himself an Empest
when heFas only President He entire'
Overlooked the very i'm poftant constitution
provision which declares that the tnaklu
repaaltnr and amending OF all lAwats vcst
in Congress, and not in The Executive; =
that the simple duty of the President il
SEQ thst the laws and regulations made
Cvnsre.s are enforced and oJeyed.
II he had called Congress together in cxl
5czsion. Immediately after tic assasstnati
OF President Lincoln, and pointed out 10 l
message that the conquered rebel Stat
were destitute of lawful cIvil gorernmet
the furmcr oucs having been Co7ftltcd
the rebellion Of their citizens, aud thai
was ruljr. those communities By militia
law, until Congress should prescribe #h.
aud how civil Governments N ust be crecie
lie would bare performed his sworn dut