The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-22

I no ma ntfT ftNststNn A.. T..
granted. the question nav ari'e whether IL IL
! belongs 10 Congress- or the pr sident ~ emnlov
| them In the case of powers admitted ta 10
reserved, the Question NAV arise as To whether
an existing State Covernment or az IN Witch Of
! the two competing State Goyernments is com.
! petent 90 exert them. But these are obyionsly
! quite different from the question whether any
particular power lies on one or the other side Of
! the line which separates the granted powers
from the reserved. -
/ Having presented this distinction we now bep
! the reader to lay out of view for a moment
every other aspect of the subject than the simple
inquiry what are the Constitutional requisites
which must be possessed by State Government
to enable ii to exercise the powers which are
unquestionably reserved. Let us ignore for a
moment the possibility OF any controversy re-
specting the place where the line Is drawn be.
tween Fedelal and State powers, and try to as.
certain what is valid State Government. We
shall thus get clear of the confusion which re-
suits from mixing two entirely distinct cues
tions in the same discussion. Whether the regu-
lation OF the elective franchise is a Federal Or
State power must not be contounded with the
question whether the existing government of
virginia or Tennessee is a valid State govern
ment. .
Supposlng, in relation to Tennessee, there were
no other question than whether the Government
administered by Mr.. Brownlow satisfies the re-
qnrements OF the Federal Constitution, we sup
pose IL would be soon decided. The only points
10 winch attention would be directed are, first,
whether II IS republican in form; and secondly
mhStnSi an lts OinOeIs are sworn 20 support the
federaI CONSTITUTION. That 1t satisfies the latter
condition IS tdd, about which there can be no
dispute. whether 1t Is republican in form, is
point which can be determined by simple In
spection OF Its Constitution. The standard OF
comparison bv which this Constitution must be
judged IS the constitution with which the State
was ORIGINALLY received into the Union; for that
havlp% been adjudged to be republican by the
very fact OF aomlsslon, and government of the
same form being guaranteed, 1t followed that the
existing government may exercise all the re-
served powers unless 1t can be shown to deviate
from the original State Government, either
towards monarchy or towards an oligarchy. No
other deviation from republican government is
possible; tor anarchy, or the absence of govern
ment, is excluded by the tact that We are max
ing Inquiries about, and applying a test to, an
actually existing government.
The Government with which Tennessee was
admitted into the Union having been iucontro-
vertloly republican, It must be pointed out by
those who dispute (it any dtspute) the validity
OF the present one, IN 1ohdt respect it devlates
from the iormer, either towards monarchy or
towards oligarchy As matter of fact, no de-
Walton In either, OF those directions exists, or
will be attempted to be pointed out. Having
thus found and applied the proper standard Of
measure 10 the existing State Governments, and
unansWerably proved their validity, all the other
questions connected with reconstruction will
ind an easy solution. The radicals must either
overthrow and displace the existing State Gov
ernments, or their policy has not a leg to stand
upon. ...
1udI otaVeN, Delng III the Union, and having
valid State Governments, are entitled to repre-
sentatlon, can no more be disputed than can the
existence OF document called the Constitution
OF the United States Why are Massachusetts
and New York represented IN Congress? Solely
IN virtue oi the TACT that they are States in the
Union, possessing competent State Governments
The Constitution uses no language respecting
any State which 1T does not equally use in re-
spect TO all; no citation or argument can be used
TO prove that New York Is entitled to represen-
tation which does not equally establish the
tight OF every other State which has ever been
IN the Union, and has State Government
wnich mas not oegenerated from the republican
ism which suffced TOR its original admission.
The reconstruction question is often pre-
sented as II 1t were a controversy whether GER
tam powers Which Delong to the Federal Gov
ernment could most properly be exercised by
the PRESIDENT or by Congress. But, in its pre-
sent stageL that mode OF viewing it is obsolete.
Ii II could be ever SO clearly proved that there
were lrreguIarlues IN the intervention of the
PRESIDENT 10 assist IN the formation Of the new
state Governments, 1t would be prevalent to
pleao those irregularities now, since those gov
ernments nave been fully sanctioned by the
people. republican State Government cannot
be formed by any branch of the Federal author
lty. From the very meaning of the term,
rePaotlcdn government must be formed by the
people over whom 1t is exercised. Their sane
tlon wipes out all defects oil regularity in the
hrst Steps towards Its formation. lfit is govern
mehl aclually lolmsd pY them, government in
actual operation over them, government re-
pu6rGan IN form, Congress has no authority to
go behind those tacts, and inquire whether the
ihtelVehtlon Which they accepted was regular or
come state Government IN any State because
he proposed 1T, but OnlV becausa the neonla