The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-04
Dangerous Precedents.


From the Nation.
The declaration of martial law over one
third of the inhabited portion of the Union at
time of nominal peace, and when there is
certainly no organized opposition to the Gov
ernment, must be admitted to be a severe
MEASURE and precedent which may hereafter
be used to justify the grossest usurpation.
Some future Congress may seize the oppor-
tunity afforded by a slight and purely local
outbreak to crush disagreeable State Gov
ernment, and subject the people to martial
/ aw; referring to the acts of the Thirty-ninth
Congress as a sufficient justification of its
course. Not that such a course is really iusti-
fed by the present action of Congress, which
is taken to abate the evils arising out of an
insurreotion of almost unparalleled magnitude;
but that, as we all know, precedents are
strained and bent without scruple when fac
tious interests so require.
We recognize these dangers of the future as
fully as do any opponents of the measure Just
passed. We should have been glad, had it
been possible, that the entire process of recon-
structiOn should have been brought out by
civil law the army being used exclusively as
a substitute for the posse cOmitGtuS. But, not
withstanding all this, we have approved of the
dCIlOu Oh congress upon JlllS Dill because OF the
peculiar circumstances of the case, which seem
to leave no option except between measures all
dangerous, and all in some respects unsatis-
factory.
A slight review of existing facts will con-
vince any reasonable man that it is impossible
for Congress either to act, or to refrain from
acting, without establishing a precedent of
more or less danger. If it does not interfere
with the South, the result is that ten State
Governments will remain in permanent opera
| ton which were founded by the military orders
| of the President issued through and enforced
by provisional governors Officers wholly
| unknown to the law, appointed without the
| consent of the Senate, and vested with abso-
| lutte power. By an Executive order two-thirds
of the male citizens of full age in these States
| were excluded from all voice in the formation
| of the Governments under which they were to
| live. The elections were conducted by officers
appointed by the provisional governors, and
the results decided by these governors. How
lagrantly unconstitutional was the appoint
ment of these governors themselves no one
surely can need to be convinced.
They were not officers of the army, detailed
to preserve order within its lines. They were
civilians, appointed to perform civil duties.
No law authorized such appointments; and the
| President had as much right to appoint Pacha
of Egypt, and pay his salary from the national
| treasury as to appoint and pay a civilian as
provisional governor of Mississippi. The
| names of the governors were never even sub
mitted to the Senate In short, no single step
was taken towards giving their appointment a
pretense of legality. Yet they, under the
direction of the President, exercised all the
powers of governors and legislatures COM
bined, and had, if they did not actually eXer-
else, the power to mould the future Govern
ment of their State at their will.
Grant, as we do, that these powers We're used
with fair intentions, and with desire to do
substantial justice Grant, as we do not, that
no one was wrongfully excluded from voting
at the elections thus held. Grant anything
that may be honestly claimed; and yet the
precedent is one fatal to republican institutions,
If allowed to stand unchallenged. Forty thou
sand officers were, it is said, appointed by
these usurping Governors, whose very Office
was nullity, and their title not merely void
able, but absolutely void. OF what value are
constitutional checks, of what use are legisla-
lures, if the Executive shall be sustained in
organizing ten governments over 100000 of
people, and in appointing 10000 officers to
govern them, without shred of law to war
rant his action? What if they did act uprightly?
Is it to be supposed that officers illegally APP
pointed will always be honest and faithful
If such suppositiOn is to be entertained, and
is to justify acts so utterly unlawful as these,
our republican government will run into mere
Cesarism within ten years.
This is the precedent which Congress would
| establish by lnactlOn. The Governments thus
brought into existence, having the support of
nearly all the classes within their respective
States accustomed to political power and to the
use of arms could forever keep down the un-
organized and helpless majority. And as some
government must exist in every State, and
every attempt to establish different govern
ments would be promptly crushed, after the
fashion Of New Orleans, the courts would be
compelled to recognize the governments thus
founded upon acknowledged fagrant, undis-
guised usurpation as having, nevertheless,
ripened from governments de facto into govern
ments de jme.
If it is said that Congress should take less
stringent action than it has done, we reply
that, as far as the constitutionality of such ao-
ton is concerned, Congress has right to act
upon the theory that nothing has been done
towards restoring civil government since the
Southern armies surrendered, and may do
f now whatever it could have done in May, 1866
and that as far as eXpediency is concerned, it
| | is eXpedient and essential that severe and
peremptory measures should be taken to break
2 \ down usurpatiOns which have been allowed to
= exist too long, and have of course gained
strength by delay. Ordinary civil process
D | would not suffice to cope with the evil 1t
9 would be subject TO interminable DELAYS and
= loaded with technical difficulties. This, we
+ admit, would not be sufficient reason for
Q abandoning the ordinary process of law in