Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1866-10-11
Power Of Congress over the Sub
ject Of Reconstruction.

ROVER Oh Gou6I6ss OtcI INC QUIZ
ject Of Reconstruction.
Congress has assumed to legislate
upon the question of the recenstruc-
ton of the late rebel States, and in
their wisdom and judgment have
proposed as the basis of reconstruc-
ton the Constitutional Amendment,
now submitted TO the people for rati-
fication. For daring to assume and
exercise this power, they are denoun-
ced by the President as tyrants and
usurpers, while he claims for himself
the exclusive power to settle the
manner in which, and the terms and
conditions upon which the rebel
States are to be restored to their
former practical relations in the
Union. He, the mere executive Of
fcer of the Government, invested by
the Constitution with no power to
make laws, but to execute them when
made, The now assumes to exercise
functions which are in their nature
purely legislative. Hence has arisen
q controversy and conflict between
the President and the Congress of
the United States. We propose
briefly to investigate this subject, and
il possible to determine in which of
these two coordinate branches of
our Government is rightfully lodged
the power to act upon and settle this
whole question of reconstruction.
We, the people of the country and
the sovereign source of all power,
should in justice to ourselves thor
oughly investigate this whole sub
ject, and determine, under the Con-
stitutien and the laws, to what tribu
nal the final settlement of theis great
question of the restoration of the
rebel States legally belongs, whether
to the executive branch of the Gov
eminent or to the legislative.
The first thought which naturally
presents itself in this discussion, is
the indisputable lact that upon the
suppression of :he rebellion the rebel
States we're left without any lawful
civil Government, in fact without
Government of ary description what
ever. They possessed no State Gov
ernments and were also out Of their
practical relations to the general
Government With the surrender of
the confederate armies by Lee and
johnson, the confederate government
, and the rebel State governments all
ceased IA exiet, leaving no shadow
or substance of civil organization in
the South. Society was, so to speak,
in chasotic state, and rules, regu-
lations and laws were to be made
prescribing and determining the
manner in which order should arise
cut of this chaos, State governments
be reorganized, and the States them
selves restored TO their practical re-
lations with the general Government.
Such was the work to be accomplish
ed. Then comes the question, in
whose hands, under the Constitution,
was vested the power to do this
great work? The Constitution pro-
yides that the United States shall
guarantee to each State republican
form of government These States
were without republican govern
ments, in fact without civil govern.
ment of any kind whatever. 1t was
therefore properly and constitution
ally the province Of the general Gov
ernment to provide for the re- estab-
lishment of republican forms of goy-
eminent in those States, and thus
throw around the people of those
States that protection of law to which
every American citizen is entitled.
1t being therefore the province of
the general Government to initiate,
carry on and perfect their work of
reconstruction and restoration, the
only remaining inquiry is this-to
which Of the three coordinate bran
ches of the Government did the work
rightfullY belong, to the judicial, the
executive or the Legislative? The
nature Of the work itself will deter
mine. The rebel government in the
South had passed away, lawful gov
ernments must be organized to take
their places, and rules, regulations
and laws must be established deter
mining the manner in which that or
ganization should be effected, and al
SO the manner in which these State
governments when organized should
resume their practical relations in
the Union. We repeat, rules, regula-
lions and laa0s mast be made regulating
this work. But what is the making
Of rules, regulations and laws, if 1t is
not essentially and purely a legisla-
tive act? Is it executive in its ma.
ture? No, the executive executes
the law when made, but never makes
it. Is it Judicial in its nature? No,
the judiciary also judge of their
validity and constitutionality. But
the iudiciarv never make laws IF