The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-04
THE DAILY EVENING TE1EGRAPH-PHIA ADELPHIA, THUT

OF the Supreme Court OF the United States. this
question is referred TO Congress and not 70 the
President
Ieter TO the provision that 'the United
States shall guarantee to every State in this
Union a republican government" On these
words Chiet Justice Taney, speaking for the Su-
preme Court, has adjudged 'that It rests with
Congress to decide What government Is the es-
tabhshed one IN State as the UAited States
guarantee to each stale a republican govern
mcnt, Congress must necessarily decide what
government is established IN State before il
can determine whether it is republican or not;
and that undoubtedly II military government es-
tabished as the permanent government OF
State would not be a republican government
and II would be the duty OF Congress to over
throw IL" (Luther VS. Borden, Ho ward, Rep.
42.) But The President sets at naught this com
handing text OF the Constitution, reinforced by
this positiye Judgment of toe Supreme Court
and claims this extraordinary power for HIM
self, TO the exclusion OF Congress. He is "the
United Statesn In him the republic is mani
fest. He can do all, Congress can do nothing.
And now the whole country is summoned by
the President to recognize State governments
created by constitutions thus illegiumale in
origin and character.
Without considering if they contain the
proper elements OF security for the future, or If
they are republican IN form; and without any
inquiry into the validity OF their adopuOn; nay,
in the very face OF testimony sho wing that they
contain no elements Of security for the future
that they are not republican in form and that
they have never been adopted by the loyal
people, we are commanded to accept them; and
when we hesitate, the President himself, lead
ing the outcry, assais us with angry vitupera-
ton, blunted, 1t must be confessed, by coarse
ness without precedent and without bounds.
It Is well that such cause has such an advocate.
In thus setting up the one-mau power as a
source OF jurisdiction over this great question,
the President has committed a blunder of con-
stltutona law, proceeding from an immense
egotsm, in which the little pronoun 81" plays
gigantic part. IL is ''In VS.. the people of the
United States in Congress assembled. On this
unnatural hlunder might say more; but have
said enough. My present purpose is accom-
plished II l make you see 1t clearly.
GIVING POWER TO Ex REBELS.
The other blunder is of a different character.
1t is giving power to eX.Rebel- at the expense of
constant Unonlsts, white or black, and employ
ing them in the work OF reconstruction, so that
the new governments continue 10 represent the
Rebellion. This same blunder. when committed
by one of the heroes OF the war, was promptly
overruled by the President himself; but Andrew
Johnson now does what Sherman was not al
lowed TO do. The bunder is strange and unac-
countable. Here the evidence is constant and
cumulative. 1t begins with his first proc anna
Jion, which was for the reconstruction of North
Carolina. Holden was appointed Provisional
Governor, an Office unknown to the law. and for
which there was no provision, although it was
notorious that he had been member of the
convention which adopted the act OF secession,
and that he himself had signed 1t. Then came
Perry, Provisional Governor OF South Carolina,
who, besides holding a judicial station under
the Rebel Government, was one of its Commits
slOners OF lmp1essments. / have Rebel ne vs.
paper containing one OF his advertisements
i'll the latter character There, also, was Par
sons, Provisional Governor OF Alabama, who,
in 1868, INTRODUCED into the Legislature of
that State formal resolutions rendering to Jetier-
son Davis "hearty thanks for his good labors
in the cause OF our common country, together
with the assurance OF continued support;r ami
afterwards, in 1864 denounced our national
debt, eXclaimlDe IN the Legislature, "Does any
sane man suppose We will consent to paw their
(the United States) war debt, contracted in
sending armies and navies to burn our to wns
and cities, 20 lay waste our country whose SOL
der' have robbed and murdered our peaceful
inhabitants ~ Such we're the men appointed
by the President to institute loyal Governments.
but this selection becomes more strange and
unaccountable when it IS considered that all
this was done IN defiance OF law. There is
recent enactment of CONGRESS- which requires
that no person shall be appointed to any office
OF The United States unless such Office has been
created by law. And there is another enact
ment OF Congress which provides that all o1li-
GERS, civil or military, before entering upon
their official duties OF receiving any salary or
compensation, shall take an oath declaring that
they have held no office under the Rebellion, or
given any aid thereto. In the face OF these
enactments, which are sufficiently explicit
the President began his work OF reconstruction
by appointing civilians to an office absolutely
unknown TO the law, when, besides, they could
not take the required oath OF Office; and to COM
plete the disregard OF Congress- he fixed their
salary and paid II out OF the funds or the War
Department. OF course such proceeding was
an instant encouragement and license to all eX-
Rebels no matter now much blood was on their
hands. Rebellion was at a premium, 1t was
easy to see that il these men we're good enough
to be Governors OF States, in defiance or Con-
gTess, all others In the same political predica-
ment would be good enough for the interior
Offices. And it was so. From top to bottom
these States we're ORGANIZED by men who had
been warning on their country. EX-Rebels
were appointed by the Governors or chosen by
the people everywhere. EX-Rebels sat IN cor
VenIlons and in legislatures. EX-Rebels became
judges, justices OF the peace, sherliis and every
thing else, while the faithful Unionist white or
black, was rejected. AS with Cordeha, his love
was according TO his bond, nOr more nor less"
but all this was of no avail.
How often during the war have pleaded for
such paJrots, and urged you to every effort Tor
then redempuOn; and now, when our arms
have prevailed, it Is they who aIe cast down,
while the enemies of the republic are exalted
The pirate Semmes returns from his ocean
cruise to be chosen Probate judge in Alabama
IL New Orleans the Rebel Mayor at the TIme
the city surrendered to the national flag is once
more Mayor, and employs his regained power
in that terrible massacre which rises in judg-
ment ag ainst the Presidential policy. Persons
are returned TO Congress whose service in the
Rebellion makes IL impossible Ior them to take
the oath OF office, as in the case of Georgia,
who selects as Senators Herschel V. Johnson
who was Senator Of the Rebel Congress, and
Alexander II. stephens, the VIce-President OF
the Rebellion. These are but instances; but
from these you may learn all. There is nothing
in the reach OF the President which he has not
laVished on eX-Rebels. The power of pardon
and amnesty, like the power of appointment,
has been USED iol them by wholesale and retail.
1t would have been easy TO a1fiG Condition TO
every pardon, requiring that, before it took
effect, the recipient should carve out of hls
estate homestead for every one OF his freed
| men, and thus secure to each what they all
COVgt much a nippp m land