The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-08
A Plain Statement of the Case.

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THERE are but two theories concerning the
effect of the Rebellion upon the Southern
State organizations. The first is that it had
no effect upon them to invaldate them, but
that they continued throughout the whole
war to remain lawful and constitutional gov
ernments.
If this theory be true, then President john
son had no right to overthrow these govern
ments at the close of the war; and the
organizations he has erected in their places
exist merely as the product of revolution and
Executive usurpation.
The other theory is, that by the Rebellion
the Southern State Governments, though ex-
isting as de .fdcto Governments throughout
the war, ceased to be lawful State govern
ments in the eye Of the Constitution, and
were mere Rebel organizations. Hence they
were naturally overthrown with the over
throw OF the Rebellion ITSELF
If this theory be correct, then with the
downfall of the Rebellion the Southern COM
munities were without civil governments.
Their Rebel State Governments had van
ished with the overthrow of the Rebel forces.
There was land, and there were people; but
there was no organization, no Government,
no civil State. The land and the people were
portion of the United States, and so part
of the "Unon," Just as Montana and Idaho
are; but they were no longer Stotes of the
Union. Now, the simple question arises, Who,
under our form of government, has the right
to make q State?
Clearly an unorganized people, under our
system, cannot legally make Themselves into
a State, because, being unorganized, they
are without law. To organize State, cleo
tions must be held. But in the absence of
law, who shall decide upon what day, at what
places, under what restrictions, and with
what formalities they shall be heldP To
whom shall the returns be made? Who
shall declare the result? In cases of dispute,
who shall be the common and authoritative
arbiterp All these things require to be SET
tied beforehand by law. 1t was decided by
the Supreme Court in tie Dorr case that,
under our system, there is no such thing as
the voluntary and spontaneous organization
OF q State by any community upon its own
motion. All the preliminary steps must be
taken in a regular and orderly manner, in
conformity to the law as prescribed by some
competent authority.
AS the several States of the Republic have
no jurisdiction beyond their own separate
limits, it is clearly impossible that they can
do anything towards organizing community
into a State. Hence the work must devolve
on the general Government And this is in
accordance with the settled practice of the
Mt ahOntinn
Constitution.
The only question that remains is, To ,ohGt
department OF the general Government does
the organization of States belong? 1t would
seem impossible that such question should
have practically arisen at this late day. The
whole work is upon it's very face Legislative.
The preliminary steps for the election of con-
ventions must be prescribed by law. The
Legislative Department of the Government IS
the only one that can make valid law. The
organization OF State Is one of the highest
of legislative functions, and can by no posi-
bility belong to any other than the Legislative
branch of the Government.
The conclusion seems to be inevitable that
the Presidents attempts to organize State
Governments in the late Rebel communities
have been entirely unconstitutional. The
work that he has done has no element Ot
legality about it. The organizations he has
created have no legal nor constitutional basis
and are in no sense of the term States of this
Union.
1t only remains for the Legislative branch
OF the Government to proceed with the work
Which the Constitution imposes upon it, and
provide in its own time and way for the
organization OF State Governments in the
communities lately in rebellion against the
United States.