The Portland daily press., 1866-04-10

as ever. The President omitted Texas in his
late proclamation. The special Washington
dispatch of Saturday to the Boston Journal
says Governor Hamilton is on his way to
Washington, to announce that the rebels have
risen and taken possession of the Statesihg,
The Present Governments in the Rebel
States are Void. az
The people of North Carolina, South Caro-
lima, Georgia, Alabama, Mississippi, Tennes-
see, Arkansas, Louisiana, Florida and Texas
are still deprived 'of all civil government" to
use the words of President johnson. By this
we do not mean that they are out of the Uu-
ion, or that they ever have been out of the Uni
on, as matter of law. As matter oflaw. the lin
its of the Union have always extended to the
utmost bounds Of our territories, and the peo-
pie of those States have always been liable to
obey the constitution and laws of the United
States. So much has been settled by the war.
Nor do we mean that those states are not
now organized with de tacto governments, or
governments in form. We know they are
But we also mean, that eslocal governments
set up in those states, were all set up without
civil authority, and that as such they are all
illegal. The fact that governments in form
have been set up, does not prove they are le-
gal, or that Congress ought to recognize them.
The rebels had state governments in form
during the war; but no loyal man, regarded
them as legal. The state governments set up
in those ten states are illegal; because they
rest on new constitutions that are Illegal
Those new constitutions are illegal because
they were made by conventions that were lille
gal and were never ratified by the loyal peo-
pie of those states. The conventions were
illegal because the delegates in those conven-
tions, were not legally chosen, in meetings
called by due authority, and of voters duly
empowered to act in such meetings. Congress
has not yet defined the qualifications of voters
to act in primary meetings. This is the first
step in the legal reorganization of those states.
For want of this step, the whole of the pro-
ceedings fail; and all the new organizations
for the purpose Of civil government, are lille
We do not mean to say the President is not
entitled to share in the reorganization ofthose
rebel states. 1t must be done 6y law. 1t is
so with the organization of the territories and
the admission ofnew states. And, after an
act has passed both houses of Congress, it
must be submitted to the President for his ap-
proval. fhe disapproyes of it, he may return
it with his objections. Then unless it passes
each House by a majority of two thirds, it
must fail. There is no disposition anywhere
to deprive President johnson of exercising the
power that constitutionally belongs to him.
But he cannot inaugurate any measures of
legislation. All he can do in advance is to
recommend measures to Congress, Every act
must originate in Congress.
That this must be so, is apparent by refer
ing to the present Illegal organizations in the
rebel states. q -ll
Take the case of Louisiana and Arkansas
These were organized under the military
power during the war. President Lincoln by
his amnesty proclamation in December 1868,
declared shat whenever, in any of the states
Arkansas, Texas, Louisiana, Mississippi, Ten
nessees Alabama, Georgia, Florida, South Car
olina and North Carolina, number of per-
sons, not less than one tenth innumber of the
votes cast in such state at the Presidential
,lection of the year 1850, each having taken
he oath prescribed by him, "and not having
Violated it, and being a qualified voter by the
election law of the state existing Immediately
before the so called act of secession, and ex-
Guiding all others, [shouldI re-establish state
government which Tshouldl be republican, and
in no wise contravene said oath, such IshouldI
be recognized as the true government of the
state"
Under this proclamation, small portion of
he white people undertook to organize state
governments for Arkansas and for Louisiana.
They assumed to be state governments and
ent senators and representatives to Washing
on. But the last Congress did not recognize
hem, and they did right. A government of
,ne-tenth or fifth of the white men in Louisi-
ma could not maintain itself at all and it
would not represent the people at all. If such
government represented one-ffth of the
White men, it would represent only about one
enth of the whole. Nearly one-half are ne
roes and men of mixed color.
Such government of one tenth of the
White men might be set up and then several
ther governments might be inaugurated in
ther parts of the state, representing twice as
many ofthe people and even more than that
such agovernment besides being illegal, would
'e mere sham.
Suppose after this government by one-tenth
d the white men had been set up and put in
motion in Louisiana, another government had
aiso oeen set up, equally loyal, representing |
OF the whites and all the negroes
and men OF mixed oolor, and suppose it had
chosen representatives and senator's. would
Congress have been deprived of its right and
'ower to recognize the government that world
n such case have represented the majority of
he people, by reason of the sham government
ct up by Gen. Banks under the military now.
r? Can any body believe it? jew.
YEA German caricature has well hit off
he probable cause and inevitable effect of the
eep quarrel which has arisen between Austria
md Prussia in regard to the appropriation of
he duchiaa uractad from unfortunate Dem