The Portland daily press., 1866-04-05
Row Shall the Rebel States be Re-orrsntzea,

How Shall the Rebel States be Re-orrsnizaa,
The United States having by Congress and
the President in the exercise of military now
er overthrown and dispersed the usurping gov
ernments in the rebel states, and there being
no loyal governments re-remaining to supply
sneir places, and no legal power in those
9'"'e' 70 maugurate new and loyal govern
lnens tnerein, it remains for the United States
70 complete the great guarantee bv orpa,,z-
.H ea.n VI 'nose states with "a republican
iorin oi government; pa government of the
people oased on popular elections. Each
state must nave a new constitution. loval N
tne onited states, and bringing It in relati6n
10 our national constitution, instead os the
dlsioyai constit ltion, that reorganizel the con-
stitution of the Confederate States Of A,,,o,,
Ca The constitution of the -Consadarota
states and the disloyal constitutions of each Of
the rebel states having been overthrown. II Is
necessary that each OF those states should ba
organized with a new and lawful constitution.
ms Is recognized by Presidents Lincoln ard
johnson both. The new constitution rnpst be
fepuoncan; 1t must rest on the consent of the
governed, on the votes of the people, that is.
on tne loyal people of the said states. It must
not De a constitution such as Louis Napoleon
made for the people of France. II mpst ha ra-
publican in the American sense of the term
II must spring from the people, and contain
provisions for governing the people BY the neo-
PIE In sunordination to the constitution and
laws ofthe United States.
& As neither of said rebellious states has anv
ofncers or laws by which it can inaucurate ei-
ections for the purpose of establishing sucb a
constitution, the United States must of neces-
sity open the way for establishing such con-
stitutlon, and this is recognized by Presidents
Lincoln and johnson both. 1t will be neces-
sary for the United States in the exercis. of
It's duty to guarantee to those states repub-
hcan form of government, to require The hold
ing OF elections therein, to determine the DUAL
incafions of voters, the time and place of pri-
mary meetings, the manner of notifying such
meetings, the persons 10 notify such meetings.
the persons to preside in such meetings. the
manner OF conducting such meetings. and all
the other steps, till a new constitution shall
be formed and adopted in each of said rebel
llous states. 1t will then be necessary for the
United States to examine such new constitu-
ton and see whether it is republican in the
american sense aid lift is, to ratify it as such,
Deiore SAID rebellious states can be completely
reorsanized and entitled to representation in
Congress.
How are the United States to do all this p
If this work is appropriate Tor the executive,
then it belongs to the President. If this work
IS appropriate for the legislative power, then
1T belongs to Congress to exercise it. But we
know that all this is the appropriate work of
the legislature. We know that in no in tance
Is any such power conferred ON the President
exclusively. On the other hand we saw in
the preceding article, that precisely the same
power is conferred on Congress in inaugural
ing and preparing new States from the Terri
tories, and in admitting them as States. "Ihe
Congress shall have power to dispose of and
make all needtul rules and regulations re-
specting the territory or Other properly be-
longing to the United States" "New States
may be admitted by the Congress into til s
/
into the Union; to admit them into the I'm
ion; to examine State institutions and see
whether they are republican, is work of leg
islation and devolyes on Congress. This is
just what is required In relation to the rebell-
ious States. 7s I7-o2
l. V But the power does not rest on analogy or
mere inference. 1t is expressly granted
SThe United States shall guarantee to every
State republican form Of government"
7. When State government becomes disloy-
al, ard is oyerthrown for rebellion, leaving no
successor, the above clause imposes duty On
the United States, to guarantee to the State
"a republican form of government It ne es-
sarily confers power on the United States
commensurate with the performance of the
duty. led v ..n rs..I .',1
4 But Congress has power
To make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers the powers enumerated in
article l, section 81 and all other poacers vest-
ca oy ltheI constitution of The gouernmen mt Of
aAe Onited States, or in any department or o.
ficer thereof.
Now here issa power vested in the gov
ernment OF the United States to gusiac-
tee to each OF the rete,lious States "a re-
publican form of government" And by the
same Constitution Congress has express pow
er to make all laws necessary and proper to
carry that power into execution. 1t is neces-
sary and proper to make a law determining
the qualifications OF voters in the rebel States.
Therefore Congress has power to do it, and so
of all the other steps in the process of reor-
ganization. j. c.. w.