New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-10

of successful revolution or of decision Of the SOW
eregn people can change the sre. nav
change the Constitution the basis OF that relation
ship In this Union will remain perpetual
i What terms had the President right to demand OF
these States Of their people, as conditions precedent
to peace and the withdrawal ofthe ARMY
Fsti And before all and as the basis OF ALL unquali'
fed submission TO the Constitution OF the United States
and all laws OF Congress passed In pursuance thereof
Second; The annulling OF all acts laws and proceed
ngs by which tho States made or prosecuted war
against the United States including the Rebel debt
Third Aoquiescence in the situation which the war
has brought upon them, including the abolition of
Slavery for and on account OF which they made the
war; for the sincerity OF such acquiescence and as the
supreme test OF its good faith the adoption Of the Con
sttutonal amendment by which Slavery the cause OF
tho war is surrendered and made impossible, and nd
ery made sure by being placed under the guardianship
Of Congress in every State and Territory forever.
Fourth The practical resumption OF their political
duties upon those terms, as States in the Union.
These arc the conditions, in substance. upon which
President Lincoln almost three years ago announced to
the people Of these States the terms OF paccaton 10
which he pledged the support OF the executive govern
These are the substance Of the terms offered by Pres
| ident johnson.
Several OF the States or the people OF several States
have accepted them and offer now to resume all ther
political duties States In this Union and practically
enjoy their rights such. Shall We allow them 10
| do sOt c.,
II these terms have been accepted by these States
or the people Of these States in good faith Is not the
faith this nation pledgedi just as much pledged
as by the terms contained In tie surrender OF their
armies. -,
Ills NOT n sufficient answer to say this Congress Is
not bound by the acts Of preceding Congresses ana
therefore we pass laws requiring the PRESIDENT 10
impose other and new terms OF paccatiGn o' , RI
guired BY preceding Congresses. Technically, that
may be urged; but 1t will not do for great nation
dealing with fallen enemy. after he had surrendered
to impose new and other terms HAD we oeeh rsI he
ing with any foreign power, the treaty made by te
President would have been most serupuousy kept
As between and among the States, the Constitution
which is the treaty OF peace and more than treaty
which forms perfect Union, and makes the States
one family-is certainly 70 be regarded with equal
sacredness and validity on our part when after et
war peace is made and the offending citizen or state
makes submission in good faith. and seeks to renew
allegiance. Nothing Is more clear than that we nav
made a conquest OF those States. We hold them only
by virtue Of original rights as States under the Con
! stiution.
But the question Is sometimes put By what power
then II these States are still In the Union does the
President appoint those provisional or military gov
ernors That question Is important; but to that cues
ton the answer In my Judgment. Ia perfectly ciear'
The President does not make the appointment OF these
agents call them by what name you WILL provisional
governors military governors commissioners. agents
heralds OF peace. generals, anything you please nor
does he employ these ageneie. by virtue OF Gii au
thority civil magistrate. They are not civu ap
pointneH,s. They are in no sense civil ohcersi fOf
there Is no law under which they are appointed at all
They are mere military agents OF the President as
Of the army who is bound 10 ascer
tain the fact which he must know before he can dis
charge this duty OF mastering the forces out ana OF
Withdrawing the army. He sends these agents into
the several States for the purpose OF ascertaining
whether the Rebellion is suppressed; not only whether
the people have ceased armed resistance, but intend 10
submit in good faith and make no more resistance 70
the authority OF the Government These agents are
by him authorized 10 ascertain that f1ct IN substance
10 put certain questions to the people In these STATES
no in what form they are 10 be answered whether
By an election. the casting OF ballots, or by an osth
The question IL, Are You wiling now IN gOod iuth
10 submit to and accept the truo situation which the
war has brought upon you Are you ready. as free
al n reDuhltaan form of government Are
Won determined hereafter TO be lawful and law abiding
citizens OF the United statesr II they answer tnal
they are what tLenf Assure OF that" says the
President and will withdraw the military power;
will 10 longer hold you as commander. Will
no longer govern you BY martha. law; VIII WithdraW
The troops and let the civil laws which are silent I'D the
mid,t of arms once more into full play You may
substitute the ballot Of the loyal citizen Tor the bayoet
OF the solder which ! command. | can then SAFELY
shea,he the sword and leave you to yourselves. And
when can do that there Is peace
This Is the substance Of II all fou may say there Is
ON air Of the civilian, scent OF The oiyiliaw ana c
authority in the legal forms employed In which to put
and ans wer these questions. What OF thati These
agents are military agents. although wearing the gard
az the civilian They are called provisional governors
but in reality they commissioners to propose terms
Of peace or 10 see II peace has come IN reality or
whether II hollow and decerfu appearance OF peace
onlv They are not civil governors. but provisional
GOVERNOR No matter what you call themi names are
of no consequence II they had been sent out simply
as spies by commanding general to ASCERTAIN the TEN
pcr Of The people learn whether they mean to Keep
he peace or the army Is Withdrawn TO night
again for the purpose Of satisfying the President
hether he could safely withdraw his military force or
not n is all the same thing. II Is of necessity mil
tiry question and clearly within the scope and duty oil
a military commander 1t l.. therefore, no invasion.
traplng upon the rIghts oil any o lhoSo o'dtes 10
use such agencies.
Now TO illustrate this little more fully. Suppose
the President had not employed anybody but had gone
him self to do all these things that his agent. hts
missioner provisional governor. whatever you call
him is authorized 10 do and suppose he should go
around among the people and that all his cabinet should
no along with him administering oaths OF allegiance,
| and organizing elections by which tue people could
show their disposition toward the eminent 10 order
that upon his own knowledge. he could determine
whether IL his duty still 10 keep the army IN force,
or 10 withdraw H. and say 10 the people OF the state.
'Now You can go on leave You cyourself reorgan-
Ice your civil government republican IN FORM what
then would become Of this objection that the President
WINS assuming poweri IL would vanish IN an instant.
But suppose he had done this. which In my Judgment
would have been the simplest OF all suppose he had
anthor led the General in command to act for him. 10
do all this through officers In the army To test the 10y.
atty and aegian Of the people of that State toward
the Government of the United States 10 them to
accent the situation In which the has placed them
10 abolish the institution Of Slayeryi "a raiiy the
amendment TO the Constitution Of the United States,
which aboshes Slavery in every State and thns dem
that they have accepted their situation o. free
! States forever as the result OF this war;
Or 90 step further and suppose that he had author
lied Gen. sherman TO make Just these propositions to
them. suppose they had been made as part OF the
of the surrender Of the armies under the express
direction Of tho Presden-who could ever doubt the
Presidents power as commander'in'chief To make
item Who then ask, doubt that the President
has power TO send agent down into any Of those
States and by the cooperation OF the military COM
mander, do precisely the same thing now Who Can
doubt 1t
| The reason, probably why the Administrator In.
| stead OF employing general In commant appointed
agents 10 do this duty two tbld, first be.
cause it was supposed .a .oc pars3 Sho he. ne,.
sona among the people who had not been con
Led with the arly might have more influence in pre-
yaing upon that people % acrer ,he situation war had
brought upon thein tah one VINO had passed tu.4ugh
red right hand had been to them like the scourge of