The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-08

/ Many OF our readers may not under
stand the exact relation which tho Pro
clsmation bears 10 past events in le
gal point OF view. We will therefore
briefly state it: By the act of 1895
section ,, when the execution of Fed
eral laws in q State shall be obstrucied
or opposed by combinations TOO power.
ful to be suppressed by the ordinary
course Of judicial proceedings, or by the
powers vested in Marshals, it shall be
lawful for the President TO call forth
the militia, and cause the laws to be
duly executed. By another law he also
could employ the army and navy in
this service.
When the ezigency of the Southern
instruction in 1861 caused the late
President Lincoln to issue bis procla
nation for the purposes above named
both the Republicans and the Demo.
Gratis agreed that under the law the
President was the sole judge whether
the emergency existed and had the
Constitutional power to call out the
forces of the United States The war
went on under this power and author
ity. The Supreme Court in the prize
cases decided that under this law OF
1875, the President was authorized 10
use the Laws of War as well as mum
cipal statutes in putting down the civil
war which had grown up; and they
further decided that although Congress
had power to declare a foreign war, yet
that it had no power to declare war
against State or any number Of States
by virtue of any clause in the Consti-
tuition; that the whole Executive pow
er was conferred on the President and
he was bound TO take care that the
laws be faithfully executed.
The war was solely prosecuted under
the original proclamation Of the Presi-
dent to execute the Federal laws IN
these States. Military peace has come,
and now, after a year Of careful trial of
the condition of that people in those
States, the President has become salts
fed that the combinations opposed TO
the United States laws no longer exist
and that he can execute them by
,.,o,,s "a 4l,a 1rl,,or,, o,,rr1a 81 ind
cial proceedings. His proclamation
declares this fact, and the whole Union
is RENTED back to the ordinary course
of law-both States and Territories
The instruction is oYer-pesce reigns
The effect Of this new phase in the
position of the Senate and the House Is
seen at once. Though they have a
right to make new laws, yet ike all
other citizens that are bound to obey
existing laws the new ones are made.
No law has been made by Congress af-
fectiDg or changing the position Of the
Southern States, or pretending to do
so. They now stand just as they did
ten or twenty years ago. The two
Houses tried Intellectually in 1864 to
make a law taking away from the insur-
rectiOnary States their rights as States,
and reducing them to Territories. Presi-
dent Lincoln promptly vetoed the bill
and it did not become law. The people
ratified his act and reelected him Presi-
dent upon it. In December, 1866, the
President by proclamation declared
the military war was over, but did not
proclaim the civil law restored. Now
he has restored the civil rights to those
States and their people. Congress, who
may logically have said in December,
we will not go futher and faster than
the President in restoring civil rights
TO those States, have now no such half
way house to halt at The entire in
surrection is over; the Courts of law
now revived will punish the guilty
whom the President shall bring 10
trial, and there being no law Of the
United States TO authorize the with
holding Of their seats from the Senators
and Representatives of the South, the
two Houses have but one duty under
the law, viz to admit them to their
seats. The obligation to obey the law
is as weighty on the Senate as it is on
the individual citizen-so is it on the
House. They severslly are only parts
of the law making power If one part
from defect of lei gal power cannot make
law to please him, he is still under
the obligation to obey the existing law,
and his refusal so TO do is either nulliii-
cation if passive, OF if active it IS insur-
reclion against the law. The plain duty
of the two Houses now is to admit the
Representatives.-Boston Post.
--~e