New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-13
LEGAL EFFECT OF THE PROCLAMATION.

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LEGAL EFFECT OF THE PROCLAMATION.
There are certain legal effects flowing from the
Presidents late proclamation which it is well
enough to understand. There seems to be an
impression that the proclamation is purely OF .
political character, and was intended by us author'
solely to strengthen his position IN MS conao,
versy with the radicals. That this was one oI his
! objects there can be no doubt That 1t Will nave
the desired effect there can be just as little oouot
But it il by no means certain that the radicals VIII
accent ii Il decisive of the issues existing between
,bam an6 he President or as even necessarily
afact;nu t,,ase issues. The proclamation is logi-
III seanence Of the Presidents reconstruction
noIicy. with that policy it is entirely congruous
and harmonious. But it is utterly inoongruous
and imharmonious with the radical policy. If the
Sumner Stevens theory is true that the Southern
States are out of the Union by virtue of their
ordinances Of secession and their belligerent atti
tude towards the Federal government, then the
President has no power to restore them to the
Union by his simple act. The radicals must, there
FORE if they consistent treat the proclamation
utterly void Of effect on the political situation
In fact this step, the part of President Johnson
only widens the chasm which separates him from
the Republican party and clearly exposes the dis
organizing and revolutionary designs of the radical
faction which now controls that organization.
But there are legal effects flowing from
this proclamation which are indisputable, and
which it is very important for us to consider. 10
the rst place it fixes date Of which all the courts
must take notice, as the latest period of time 10
which the States enumerated can be considered 70
occupy, even constructively, position of being
erency towards the Federal government WIN
respect to the State Of Texas which is not
included in the proclamation, this consequence
does not ensue but it unquestionably follows IN
relation to the States which are mentioned. Inc
recent war, on the part of the United states, was
commenced bya proclamation Of President LIN
coin declaring certain States in lnsnrrecaon. IN
this it differed from foreign wars which can be
declared only by act Of Congress. Indeed, the
Federal Congress carefully avoided recognizing
the contest as sswar' In the international sense
81 that term by abstaining from legislation which
might invest ii with such character. 1t never
was legslatiyely treated otherwise than arebel
lion. This fact i'd itself is conclusive against the
Congressional claim now set up to assign to the
contest at its end character which had been
sorupulonsiy and persistently denied atits begin
ming AZ the resulting war was initiated by an
executive proclamation, sanctioned by Congress,
it is absurd for Congress now to refuse assent to
the executive proclamation declaring its ter,
asS M x
The act Of March Sd, 1865, establishing the freed
mems bureau, was by its own terms g to continue
during the present war Of rebellion, and for one
year thereafter, If the return of peace is off.
ciaily and for the, purposes Of this act, fixed by
the date Of the proclamation, Of which, we pre-.
sumo there can be no doubt, the freedmen bureau
will cease to have any legal existence on the I'd of
April, 1867. a
The question of the suspension of the writ of
habeas corpus is also affected, or rather depends
on this proclamation. By the act Of March Sd, I
1863 during the present rebellion, the President,
whenever, in his Judgment the public safety may
require it, is authorized to suspend the writ of
hdbeas corpus throughout the United States, or in
any part thereof By the same act, e any order
of the President, or under his authority, made at
any time during the existence of the present re.
bellion, shall be defense, in all courts, to any
action, civil or criminal, pending or to be COM
meneed for any search, seizure, arrest, or imprs-
onment made, done or committed, or acts omitted
to be done under and by virtue of such order"
1t is under the power resulting from this clause,
and the accompanying suspension Of the writ of
hdbeds corpus, that supreme power, exercised
through the military authorities has been exerted
over the Southern States and not by virtue of any
assumed conquest or subjugation, or extinction of
State sovereignty. The termination Of the state
of war, ors''rebellion" asst is called by the Uni
ted States laws. likewise terminates the right to
exercise such powers in any Of the States, and f5
accompanied by arestoration of the writ of
shabeas corpus, restores the lately beligerant
States to the relations which they occupied to-
wards the Federal government beforesthe war and
to- the full enjoyment ftheir local autonomy within
the Constitution of the United States.
By President Lincoln's proclamation Of Septem- |
Der 18th, 1868, suspending the writ Of hdbeas4
corpus, was declared that this suspension shall
continue throughout the duration of such rebellion
or saaittis proclamation SHALL BIZ subsequent
one 10 be issued by The President of the United
States, be modified Of reuoked President John
Approximation does modify and revoke the
proclamation of September 18th, 1865 besides an
nouncing the denitive cessation Of the war in the
enumerated States and hence the writ ofhdbeds cor
p,ts is restored throughout the Southern statesand
all shelter afforded by theact previously quoted is
taken away from public officers for arbitrary pro-
ceedings, and they become liable as private indi-
yiduals, for trespasses on private rights, Or per
sonal liberty. ;s85s.5ss Il ,'s55 sp.,ss5;1 i,
Methodist piscopaI Church Conference.
The Conference met at the usual hour Yesterday. |