The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-03-26

who do not see it and feel 1t are the fools who
In their hearts say "There is no God" b.
How shall the Rebel States be Re-organizedp
In former article / showed, that in the re-
bel states all lawful civil government had been
overthrown by the rebellion; that their lawful
constitutions had been set aside and supersed-
ed by dlsloyal constitutions; that there were
no laws in those rebel states connecting them
with the national government, by means Of
which they could be representedin our nation
al Congress; that there was not in those states
single officer, authorized to call primary
meetings,-not one that our national govern
ment could recognize as loyal and finally that
the people in the rebel states cannot of them
selves alone originate any lawful governments
in place of the rebel governments oyerthrown
by war. To these principles both Presidents
Lincoln and johnson stand committed. Both
acted on that assumption.
What is the outside organizing force to give
the rebel states new local and loyal state gov
ernments? Who shall put the ball in mo-
ton? The governments to be inaugurated
must be republican" There must be popu-
lar elections. Who shall determine the quail
hcations of voters at the primary meetings9
Who shall determine the time, and places Of
such primary meetings? Who shall deter
mine the manner Of notifying such meetings,
the persons to notify them, the persons to pre-
side in them, and the manner of conducting
such meetings, and all the other steps to be
adopted until the states shall be fully organic
ed?
The Presidents Lincoln and johnson as
sumed all that power for themselves. The
men who elected Lincoln and johnson, or the
most of them, claim the power for Congress-
And the power is claimed by Congress, that is
to say, it is claimed by the present Congress
in opposition to Mr.. johnson, and was claimed
by the last Congress In opposition to Mr. Lin
coin.
The men who elected Lincoln and johnson,
DO not deny that the President is commander
in-chief OF the army and navy, and that by
virtue of his military power, after he has con-
quered rebel state or city, he is authorized
to govern such state or city by martial lasc for
the time being, and until lawful civil govern
ment shall be re-established. They insist ND
on this They do not mean to tramnel the
President in the exercise of such military pow
er. They do not deny that the President in
the exercise OF his discretion may order an ell
ection In conquered city or state and govern
1t for the time through officers or agents thus
chosen. They say he may do this, or he may
annul such election and exercise the same
powers in person or through agents of his own
appointment. Such power has been exercis-
ed BY President johnson and President Lin
coin and Iightfully we admit But 1t is q mill
tary power, must be temporary, and cannot
be the foundation of civil government. In all
such cases, when the occasion passes away,
when the exercise Of the Presidents military
power is no longer needed, when civil govern
ment is to be restored. these temporary officers
and agencies of the President cease. Such
power is military power, and may be exercis-
ed by any military officer in command and
will stand good for the time being. unless re-
versed by the President or other superior Off
er. But when the civil power is restored,
the exercise of such powers of martial law,
ceases. No military officer however has any
civil power to inaugurate civil government
anywhere nor even to order single election
for that purpose. g iH,ois ..r
How then, shall the rebel states be reorgan-
lied? We must 60 to the Constitution. The
subject is referred to In only one place, and
there in immediate connection with new
states. h. a r
1t is provided in Article fourth, section 8,
that, "New States may be admitted by the
Congress into [thel Union;" and that "The
Congress shall have power to dispose of and
make all needful rules and regulations respect
ing the territory or other property belonging
to the United States that is, Congress NAV
organize the territories Of the United States
and prepare them for admission as states and
then admit them. This. section provides for
embryo states, that have not been admitted
nor organized, or in other words for terrific
ries that are to be organized and prepared for
admission. and then admitted as states. This
is to be done by Congress- This power of or
ganization is given to Congress and has Al
ways been exercised by that body from the
foundation OF the government. In this pow
er OF organization is included the power to
determine the qualifications of voters at the
primary meetings, the power to determine the
time and places of such meetings, the power
to determine the manner of notifying such
meetings, the persons to notify them, the per-
sons to preside in them, the manner OF con-
dueting such meetirgs, and all the other steps
till they shall be prepared with constitutions
and fitted to be admitted as states. These
powers are granted to Congress by the Consti-
tuition. They are the proper subject Of legis-
latiye action, and have been constantly exer-
cised by Congress from the beginning.
Now these powers are the very same pow
ers, necessary to be put in exercise in order TO
give the people of the rebellious states @civil
governments" and new constitutions that the
national government even, recognize as legal.
In the very next section of the Constitution
the power is given to reorganize state govern
ments oyerthrown by rebellion. As that pow
er is legislative, it will be very strange, If we
do not find it vested in Congress. J. G. w.
ER-Mr Hume, Republican journalist, who
Is involved in some railroad difficulties In Mis-
I shuri which. from their connection with the
legislature of that state, have given rise to gen.
-