Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-08-29
This has become a dogma Of

Congress. This has become dogma oi
| his party.
/ The Vice President of the rebellion,
and now the leader at PHILADELPHIA, oi
the johnson party, laid down this as a
leading article of that party's faith in his
evidence before committee of Congress,
in these words: Georgia will accept no
conditions of restoration. She claims to
come back with her privilege of represen-
tatlon in Congress uEimpaired." "All
through the war they rad the right to
come back and assist in the legislation of
this country"
Mr.. Ewing, of Ohio, has recently echo
ed this demand of the Vice President of
the rebellion in these words: even in
the heat and violence of the rebellion,
the States in which rebel violence most
prevailed, were each and all of them, as
States, entitled to their representation in
the two houses of Congress-"
Now if these statements mean, as they
must, to have any practical meaning al
all, that during the war, when these rebel
States had not even a vestige of any loyal
State government, had no legislation, or
constitution, OF laws except such as by
oath, by recognized and enforced allegi-
ance, and by character recognized and
were part of an organized rebellion but
were engaged in huge and relentless
war against the United States, that then
these States, had the right to elect our
Senators, our President and other rulers
of the republic, and to make our laws,
then to denominate these claims set up
by Stephens and his echoes infamous, is
to name them with most inadequate rep
rotation.
They insult the honor of the living of
the nations soldierY, and the memory of
the dead, because they accord to the
treason which that soldiery fought, and
that, too, during the contest, honors and
powers that the nation accords to the 10y
atty and valor of that soldiery. They
defy and insult the loyal sentiments of
the nation, and disgust it with a sense of
unutterable shame. Yet these are, new
ertheless, the literal and exact demands
now being made upon the nation by the
unhung pirates, murderers and assassins,
who are met at Philadelphia, along with
some better men, to arrange the eKeeu-
ton of this programme.
What is indeed that so? Georgia all
through the war and accepting no con-
dition" has the right to assist in the leg
islation Of this country "All through
the war" When from that carnival of
murder over which Alexander 81. Ste
phens presided as master demon-only
second in rank-and who rules to night
at Philadelphia frst-this nations blood
was flowing, hot from its heart to the sea,
then they had the right to assist in max
ing our laws, and in entering upon the
work OF making them. Georgia will &C
cept no conditionsU
This impudence is Stephens'-this be-
trayalis ohnson's- perfdy is Ewing's!
CONGRESS DECIDES WHEN STATE HAS RE
PUBLICAN GOVERNMENT.
But let us return to the inquiry wheth-
er it is indeed the President and not
Congress who decides when State has a
republican State Government, fit to re-
sumo its relations to the other States of
the Union.
The claim that this power is in the
President contradicts the very letter of
the Constitution, for that declares that it
Is the United States, and not the Presi-
dent, that must control this matter, and
must guarantee to each State a republi-
can government.
1t contradicts the solemn decision of
the Supreme Court, for that decided that
exact question in Suthee VS.. Borden q |
How. 42 and 43lwhere it was held that
Congress and not the President must de-
termine when a republican government
is organized in State, and what is such |
a government. The Court says: 'Under |
this article of the Constitution it rests
with Congress to decide which govern
men" Of the two set up in Rhode Island
sis the established one, for as the United
States guarantees to each State, a repub-
ican government, Congress must neces-
saIily determine what government is
in State before it can decide
whether 1T is republican or not. When
the Senators and Representatives ofa State
are admitted into the councils of the Un-
ion, the authority of the government un-
der which they are appointed is recog-
nized by the proper constitutional author
ity. And its decision is binding on every
other department of the government" ;"
Undoubtedly military gov
ernment established as the permanent
government of the State, would not be
government, and it would be
the duty of Congress to overthrow it. I"
1t flies in the face of the carefully pre-
pared opinion and report of ReVerdy
J Johnson, whom the Presidents party in
the American senate conceded the leader
ship to in all matters of Constitutional law.
Upon the 18th of February, 1865, the Ju-
dietary committee, Mr.. johnson uniting
in the report, reported to the Senate in
the case of the Senators from Louisiana,
that no Senators should be admitted from
a rebel State until the Congress, as a Con-
gress, had recognized the establishment
Of loyal Government in the State. This /
by the Senate in the Thirty
eighth Congress, During Mr.. Lincoln's adj
1t says: zf,- l..t---
1.-THE persons in the possession of the
local authority of Louisiana having re-
belled against the authority of the Uni
ted States, and her inhabitants having
been declared to be in state Of insur-
rection, in pursuance of law passed by
the two Houses of Congress, your commit
tee deem it improper for this body to ad-
NIT to seats Senators from Louisiana, till,
By some joint action Of both Houses, there
shall be some recognition of an existing
State government acting in harmony with
the Government of the United States,
and recognizing its authority"
And it equally contradicts the repeated
official utterances of Mr.. johnson himself,
who at one time carefully and explicitly
conceded to Congress alone this vital pow
er of deciding what should be deemed to
be loyal and republican government, fit
to be entrusted with representation.
On the 2Sth of July, 1865, he wrote to
Governor Sharkey, of Mississippi, as fol-
lows:
ait must, however, be distinctly under
stood, that the restoration to which your
= l. Il. SI.N
iOM of Congress-"
On the 18th of September, 1865, to Gov
ernor Marvin, of Florida, he says:
''The Government of the State shall Be
provisional only until the State Government IS
reOrganisel, and the basis Of that organization
,0iHIe subject to the decision of Congress"
EFFECT OF THE STATUTES AGAINST TREASON.
But, my fellow citizens, fear do your
no compliment in citing the
and Supreme Court decis-