Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-04-10
Legal Eject of the Proclamation.

son IN the country.
Legal Effect of the Proclamation.
y war between two Itions foreign to each
| other. ends not by the mere cessation OF fight
lug, but Il solemn convent II or agreement
called treaty Uf peace. y civil war, like that
in which We have been engaged. does not ad-
nit this termination, from, the fact that the
COntedemcy having never had any legal exist
ence, and being aunihiated altogether hy the
the success OF our arlas, there remained but
one party, and treaty always implies lit least
two. The late war co Aimcmceu bya Proclama.
ton oil the President declaring certain STATES
i'll Instruction aud us there is 10 room, for
the treaty making power Consisting Of the
President aud Senate } to act in its termination.
the declaration that it has ended must be the
sole act of the President. \ foreign war is
declared by Congress and ended by the treaty,
making power; but the beginning aud the
end OF domestic inSurrrctiOn are both pro
claimed by the President. 1t has been Judi
ciaIly decided (Unttcd States VS. One hundred
and twenty niuc packa2csj that '.wheu the
President has proclaimed Il State TO be in insu,,
lCctlOn, the courts musthUld that this condition
continues until he decides to the contrary.
l his necessarily results from the nature Of the
executive duties; the officer charged with
the execution of the laws being Tie only com
pGtent Judge us to whether his functions are
INSTRUCTED. ...
i he Proclamation, ike treaty of reace.
makes great change in the LEGAL ;slcc, o;
important acts. 1t Excs II date Of Which al!
tie courts must take notice, and which marks
the termination Of all laws having especial
reference 10 the state Of illsulcctlnu.
The JOINT resolution Of Congress approved
February 3, 1850, excluding eleven state,
from participation il the pIesidunfiu election
was grounded OH IL w!t. rc,ts setting forth that
those States had been declared in IcbGliium
which had not Terminated at the date q! ihc
presidential election. No such exclusion is
hereafter possible. uasmucn its the tcr.mima-
ton OF the rebellion has been declared. by
the branch OF the government having legal ;u-
th"rI'y to make such proclamation. Congress
can no mole exclude those States from the
next presidential election lhan if they had
never rrGcicd. y joint resolution TO that
effect would lee null, Tor the same reason hat
ali pretended laws III opposition to PLAIN pros
Wis .ons OF the Constitution have iu binding
force. Their exclusion from The pres dental
election would be i revolution; and suca
revolution would have to DC met by revolutions
any methods.
The act Of March 3, 1865, establishing the
Freedmen IS Bureau. was, by Its terms, Ito con
tinu" during the present war of reLcliun and
for one year thereafter" The date of its de-
mise being fixed by the late prOcInlmatiun tie
Frccdncns Bureau will cease to have any
legal existence on the I'd day of April.
IS67
BY the act Of March ,. 1868 during the
present rebellion the PRESIDENT Whenever. IN
his Judgment the puDlic safety quay require 1t,
is authorized to suspend the writ ui huLcuS
c""p"s III amy case through the United
STATES, Or III amy tHrt thereof BY the same
act, ''aty order of thc President, OF under his
authority, made az any time Iur;n. the exist
cncc OF the present rebellion, shalt he ii Il
tense III all courts t"amy action. civil or crim~
lnai, pending or to be commenced for any
search, seizure. arrest. or lnUrSuulIclt made
done, or committed or acts omitted to be done
under and by virtue OF such order" The
proclamation takes away the sheitc: for. urb;-
trary proceedings atiuid by this law ans; rem
ders all public officers just as liable Us private
individuals for trcSpa>=cs OF personal liberty
or private rights.
BY President L;ncIon's proclamation Of
September 10, 1863 suSpcnl,n- the writ Of
hUGc"% c"'l'mS. 1t wHs declared that ..thIs sus-
pension shall continue .hrou.hout the dura-
uun ut such rebellion. or uut!I this rrucl.in;,-
ton shall by Il subsequent one. to bc issued hy
the President OF the Cm,tei States. be nrodii
fled or revoked We have quoted this for
its explicit recognition nfthe ri : Int of the Prcsi-
dent to do what President johnson has
done.
BY this Proclamation. the Southern States
are placed in precisely the same LEGAL condi-
ton i'll which they stood prevlols to the re-
beiliun. ltthcir relations to the federal GOV
eminent have been temporarily suspended or
Interrupted. it was solely by the existence IF
rebellion; but the rebellion being now official
~ declared at au end. all the constitutional
rights OF the lnSurgent States revert. Those
States ca" hereafter ue subjected TO no excep-
tional disabilities without :; plain aud ralpable
violation OF the Constitution. as c"rnpietely
without LEGAL excuse would be the infection
ofsimiIar disabilities On Massachusetts or New
York.-N T. Hor!d