The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1867-03-16
From the New Orleans Crescent, Feb 23d.
The Situation.

marks, except so for as to impress up
un our readers she salient and remark
able fact, that the measure makes alb
solutely no provision for effeeting the
objects which it ostensibly eontcm-
plates. If the real design had beensto
accomplish restoration of the Union,
some machinery would have been pro,
vided by means of which the Southern
States would have been 'rehabilitated.'
The time of restoration would not have
been indefinitely postponed by leaving
the initiatory movements optional with
the people of the Southern States. In
fact this measure rivals the eonstitu-
tional amendm ant as an inefficient pro-
jee', and equals it as dilatory expe-
dent. If it was plain, from the begin
ming, that the amendment would be re
iected on account of certain insupera-
bly, Objectionable features, it must have
been equally plain thata bill by which
those Objectionable features are aggra
gated and rendered still more insupar-
able. would be likewise rejected, in SO
far as Southern acceptance is neces
sary to its efficacy. As we have be-
fore shown, the act leaves the Southern
State governments in existence, and
| does not limit or control their functions
in any way, except to the extent that
military commanders are endowed with
certain judicial and executive powers.
The clause by which it is declared that
these governments are simply provis
ional, and that they are subject to the
supreme control of the federal govern
ment, is merely declaratory. 1t can
have no legal force whatever, and it
cannot affect the status of the State
governments until Congress attempt to
exercise this assumed power. When
such an attempt is made the whole
question of the character of those gov
ecnments-whether they are State gov
ernments or not-and of the power of
Congress to suppress State govern
ments, would come before the civil tri-
bunals of the country. But the deela-
ration of Congress, as put forth in this
bill, would not influence the decision
one way or the other Precisely the
same is the case with regard to the
powers which Congress attempts to
confer on military commanders, and in
regard to the effort to regulate the
elective franchise, within the Southern
States. 1t is not clear that these pow
ers could be eons!itutionally exercised
even if the Southern States were mere
ly territorial appendages TO the Union;
but certainly it is only ON the theory
that these States are not States, but
only territories or subject provinces,
that such legislation can claim any con
stitutional justification. IF the South
ern States are really States, in the con
stitutional meaning of the term, Con-
gress has no more power to place mill
tary governors over them, for either
| general or special purposes, than over
New York or Massachusetts; and, as
this is a judicial question, and not a
legislative question, as it can be settled
only by a decision of the Supreme
Court. and not by an act of Congress,
its decision rests finally with the judi.
cial, and not with the legislative branch
of the government. So, likewise, OF
the suffrage qualifications, and disqual-
ifications, established by the act. II
| these States are really States. Con-
gress has no control over the question
| of suffrage; and, therefore, this ques
ton, too, must receive its final solution
in the Supreme Court of the United
States, and not in the chambers of the
capitol.
Hence We do not think that there i.
any occasion for alarm, much less fol
despair, as to our situation and pros.
poets. So long as the State govern
ments retain their functions, the PEG.
pie of the South can endure the evil;
of their compulsory observance from
the Union quite as well as they have
borne it up to this time. They will
of course, decline to recognize theiI
respective political communities under
the provisions of this act. Whateve.
views they may entertain as to the pro
priety or expedienoy of adopting new
rule of suffrage, they are quite agreed
as to the improperly and inexpedienc,
of conforming to any rule imposed OF
them as condition precedent to thu
exercise of their constitutional rights
= Al