The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-12
Present Aspect of the Reconstruction
Question.
From The Times,

from the IfnleS.
Whatever be the fate of Mr.. Stevens bill in
stituting military government for the South, the
debate to which it has given rise promises valu-
able results.
There appears to be an approach to unanimlty
among the Union members touching the neces-
slty forl more effective protection Of the lives
and property Of Union men at the South than at
present exists. None-not the most moderate
has declared himself content with matters as
they are. Not one has denied the need for some
further interference to prevent the outrages
that are now perpetrated with impunity, and to
afford more effective guarantees to the loyal
portion of the community. So far, the Repub-
hcan party appears to be unit.
But there Is evidently strong feeling against
the extreme character OF the measure intro
duced by Mr.. Stevens. The territorial theory
on which 1t rests has found few advocates, and
the impolcy of smbodying it in a measure
which should look simply to the defects and
abuses OF existing civil authority, impresse5
even members who recognize no inherent
validity in the present State organizations. The
prevailing opposition, however, is to the sweep
ing provisions of the bill in respect of the
military authority which it is Intended to
create. What is wanted is, military power suf-
fcient to provide for emergencies arising out of
the disoyalty and injustice of the civil officers
OF the Southern States. The bill, literally in
| terpreted, makes the general who may be In
! superior 10 0ll OF ClVll duJlOrlty:
invests him with power akin to that of a minia
ture dictatorship; and undermines the safe
guards of personal liberty provided by the COM
! mon law. MIR. Bingham'r rendering is much
| less Objectionable. He assumes that military
jurisdiction will make itself felt only when the
local powers that be tall to otford adequate pro-
! lection to the lives and property of loyal citi-
zens. He considers that the local Courts will
be allowed the undsturbed exercise of their
functions, except when these are perverted to
gratiiy Rebel malice or to shield from punish
ment Rebel offenders. Doubtless the bill might
'oe so altered as to secure these objects; and it
is probable that this will be done, If indeed the
bill passes in any shape.
The task of defining and restraining the mill.
tary authority, that 1t shall not render ltselI
obnoxious 10 republican ideas of government
is not an easy one, we must confess. For while
1t is undesirable that, under any other contin.
gencies than those of war or oVsrt rebellion
the soldier shall have power to control the citi
zen, it is not less certain that the presence O
the military at the South will be of little avail
if it remain subject to the existing disloya
organizations. The need OF legislation grow
out of the criminal laXity or negligence OF thu
Governors and other administrators OF the law
II these men did their duty, the call for hell
would not have been heard. To leave tn
Generals commanding Southern districts sub
ordinate to the Southern Executives, would b
to tolerate the laWlessness thai now prevails
Assuming, therefore, that the bill comprises al
that MIR. Stevens and his territorializing friend
propose to accomplish, it forces upon Congress
q very ugly alternative. Either the Rebel ao
) mnlstrators of law at the South will virtual
2 remain masters OF the situation-as under MI
4 ! Bingham's rendering of the bill-or the militar
q power designed to enforce order and justice
I according to the ideas of Mr.. Stevens, will
l the nucleus Of an authority utterly at varianc
with the theory and practice OF our repuollca
!. system.
e This difficulty results from the fact that Nj
!, Stevens contemplates the employment OF tn
# military as judicial and police agency, an
0 nothing more. His measure takes not singl
i step towards the reconstruction OF the Uniol
d His preamble denies the existence OF the State
n as such, and recites out of being "the pretende
II State Governments" which now administer I'll
n law. Yet he proposes no remedy. His Genera
!; in command might set aside the jurisdiction
IS Governors and Judges when loyalists were col
i cerned, but otherwise he would leave thei
If "preteDded Governments" In tull blast. An
l. though he declares that what were once Statl
.e are now territories, he makes no provision f
B. the reorganization, even for their teTTitori
1t government. In this respect the title OF the bi
" & misnomer. Instead Of 70 bill to proviC