The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-04-11
The Presidents Proclamation,


nation, as tclegraphed to the New Orleans papers
Although it is by telegraphic errors, made rather
Obscure in some parts, yet it is on the whole plain
enough to give the reader pretty good idea Of its
purport, viz the removal Of all military restraints
against civil law.
There seems to be some difference Of opinion among
The New Orleans papers to whether Texas is incu-
ded in the proclamation not, as she is spoken Of in
pne part and omitted in another The Picayune argues
as follows that she is not included:
The State Of Texas is not included as in the same
condition with the Others. But in the declaratory
part Of the proclamation Texas is named as one OF
The relieved and restored States .-a.f
There is evidently an by omission in the pre-
ambc, or an error of insertion in the BODY of the
proclamation. 1t is most probably an error Of inser.
lion. There are two reasons for thinking So First
there is a palpabe omission there BY leaving out the
rameH Of Virginia, Alabama, and Tennessee, while
Texas is put in; secondly, and materially the cond
ion Of Texas is not that which the president
constituting the title of the ten other States to the
benefits Of the proclamation We therefore adhere to
tle opinion that special supplementary proclamation
VIII be needed to bring Texas into rank with the rest
and put an end, finally in the United States OF stand
ing military occupation martial law, military tribunals
aud the suspension Of the privilege Of the writ Of
habeas corpus in time of peace" from which the presi
gerous 10 the public interests incompatible with the
individual rights of citizens, in exhaustion Of the
national resources" and "not to be sanctioned or
SLOWED except in case Of war.
On the other hand, the Crescent argues as follows
,lIat she is included;
In one place Texas Is Tot named, and in another
place Virginia and North Carolina are not embraced in
the list The Picayune thinks that Texas was omitted
II consequence Of the fact that the convention of that
STATE mad not yet concluded its labors Yet in the
first passage Texas IS mentioned among the States
which declared to be in a condition Of peace. We
think therefore that the omission is purely accidental
That, in fact all of the Confederate States were EN-.
bsaced in the presidents view Of the situation and
at his proclamation whatever may be its legal effects
Mas intended 10 be general and comprehensive Hence
no such question that suggested by our contemporary
c3n arise-tO-wit: whether the is to be deemed
officially terminated from the date of this procama-
ton, or whether it is be considered as still fragrant
in those States the names of which are omitted
Of the general effect Of the proclamation on the
southern States the Crescent says From the date OF
the Official PRONUNCIATION of this proclamation martial
Law ceased to exist within the late Confederate States
the anomalous and abnormal powers exercised over
them, by the federal government, for the particular
purposes which the president declares SO be ac-
complished. They are, consequently, left to the
unrestricted enjoyment of their local and municipal
Autonomy and so far as their relations with the execu-
tive branch Of the government concerned they are
Oh footing Of equality with the rest of the States,
1t s.vcry suggestive of the frmness with which
the president clings to his reconstruction policy and
to bis main idea of the ndestructbity of the Union,
that be Sights no opportunity to reject and condemn
mi, /: Nh
nation lie strenuously insists on the constitutional
theory Of equality of State rights and he very briefly
but very efectually, dsposes of the SumnerStevens
programme, by laying down the fundamental PROPOSE
ton that territorial organisations unknown to the
constitution and were never contemplated by that
instrument. This is the true doctrine. By the acqu-
stion of territory the anomalous territorial organise
ton became necessity of our system, but any one
that you'll at the time of the adoption of the const
tuition, hve argued the possible lapse of any of the
States INFO territorial condition, would have been
considered demented.
" It remains now to be seen what effect this mea-
will have on the relations existing between con
gcess and the president. Logically, it follows from
the PRESIDENTS POSITIONS that any legislation hence
forth adopted by congress, during the exclusion of
the southern delegations would be invalid or at least
not binding on him. Should the civil rights bill be
passed i'll pie of his veto, by twothrds of the sena-
tors present, he might nationally maintain that
the twotlirds vote contemplated by the constitution
had not been obtained and that therefore, be would
not be bound to enforce the execution of the law
Still further he might hesitate to enforce any scheme
Of tsxatot including unrepresented States in default
Of the constitutional requirement that taxation and
representation shall go together and shall be uniform
These considerations, however, will have very little
influence On the radical majority in congress. The
president will present them to the people for discus
sion and decision relying for success on returning
3euse of Justice, and lingering regard for the
principles bn which the government is founded for
genuine reEublicanism, and enlightened democracy
md for hs great doctrines of civil liberty now SO
erioasy chi angered BY party ambition and vindetive
less.n
DE3ow's REyIEw.-This standard periodicals. now
published a Nashville, Tenn, where the editor has
aiken up biz residence. branch Office is established
t No 10 Broadway, New York. 1t still retains in
I'LL its former reputation Of the ablest statistical |
monthly in the country. Terms, six dollars per
nnttn.