The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-12-20

fore. He Immediately conc ludes that the
other alternative follows as matter OF
course, refusing to notice still ano ther alter
| native which is the one accepted by the Re-
publican party. In the opinion of the lead
ing Republicans, the States whose relations
with the national government were ruptured
by the war, though States of the Union still,
are not in condition at once to resume
those relations. 1t is considered that State
like an individual ray have rights which it
has no present capacity of exercising, and
that, as this was the condition of the South
ern States during the war, SO it is equally
their condition now. Congress indeed, in the
reconstruction acts recognizes them as States
by calling them the "Rebel States" While
the President thus needlessly wates a great
deal of ammunition in assailing position
never held by any but avowed secessiorists,
the necessities of his own position compel
him to ignore distinction which though sut-
ficiently obvious, would create chasm in his
reasoning not easy to be bridged over even by
Democratic engineering.
| To show candid people that the action oi
Congress is really constitutional as well as
salutary, il is only necessary to go to the con-
stitution itself. Section 2, Article /, declares
that electors of representatives to the nation
al legislature, Hshall have the qualifications
requisite for electors of the most numerous
bracch Of the State legislature" Unless a
State has lawful government to prescribe
what these qualifications shall be, there can
be no such constituency as the constitution
requires to elect representatives to the ma
tional legislature, and there being no lawful
constituency there can be no representatives
any more than there can be child without
parent. For the same reason there can be
no State legislature to el-ct Senators. Unless
there be State governments as well as
States at the South there can be no lawful
constituency. 10 aaabir9 e0da yaid-.g 4
But it seems consistent with reason that, as
the State governments derived their efficacy
from the consent of the people, the withdraw
al ofthat consent by the acts of secession,
was effectual in destroying the old govern
ments, though the substitution of organiza-
tions hostile to the United States was of
course illegal and void. Mr.. johnson him
self acknowledged the correctness of this posi-
ton when in his North Carolina proclama-
ton, he spoke of the rebellion as having de-
prived the people Of that State f"al civil
government" - fi ii s1ydfs s-4 so at
Congress has adopted the same theory, and
to Congress belongs the right Of deciding this
| int tI,o 6rct; ;y,cf os,, 10
stitution vests in TINT body the power to pass
such laws as may be necessary and proper"
for guaranteeing "to each State in the Union
a Republican form of government" and as in
cidental to this, the right of interpreting what
the constitution means by republican
form of government" and of ofdeciding in each
particular case, whether such government in
fact exists. When the existence of such a
government has been once recognized, and no
disturbance has occurred, its continued ex-
istence is to be presumed. But when State
governments as at the South, have been no.
toriously disorganized for years, the presump-
ton is reversed and the burden OF proof rests
upon those who assert the re-establishment OF
such governments. Congress is not bound
to accept Mr.. Johnson's opini ons or declara-
tons on the subject as authoritative and f.
nal, but has perfect right to examine the mat.
ter for ITSELF On finding in the formation OF
Mr.. Johnson's governments so many irregu-
larities that they appeared entitled to no off
cial recognition, Congress went no farther at
first than to require of those States such
amendments IF bn ,so 10
settle their affairs upon firm and stable foot
ing, thus Offering to waive the right of anni-
hilating such governments entirely. This
overture being rejected, no other alternative
remained to Congress but to exercise its
rightful prerogatives to the full extent. Con-
gress justifies its action in the preamble to
the reconstruc tion act, which commences,
"Whereas no legal State governments ex-
ist in the Rebel States" &c.
The refusal to admit pretended Southern
delegates to Congress while tn question of
the existence of State governments was
pending, was proper, not only because their
admission would have given them the right
OF judging in their own cause, but because it
would have been tacit concession that there
were at the South lawful constituencies,
which would presuppose the existence OF le-
gal State governments, thus deciding the
whole question, and concluding Congress
against any further proceedings.
If the refusal was proper while the ques-
tion Of the existence of governments at tn e
South was in doubt, the refusal was proper
for still stronger reason when that question
was decided in the negative. The refusal by
both houses jointly was proper because to
both jointly was committed the power (from
which the right of refusal emanated) oil
guaranteeing to the States governments re-
publican in form.
The right Of extorting conditions prece-
dent to the admission of Southern delega-
tions has been questioned. But if Congress
deemed necessary and proper" for guaran-
teeing republican governments to the States,
nothing but provision of the Constitution
to the contrary, can deprive Congress Of the
right of passing law requiring the accept
ance of such conditions. if law of this
kind be, in the judgment of Congress, me
cessary and proper" for effecting the object
The second count in Mr.. Johnson's indict-
ment consists in recital of the horrors Of
what he considers illegal military govern
ments at the South. The security of life
and property brought about as a result Of
establishing these governments, sufficiently
vindicates their utility. Their constitution
ality is equally recognized by judicial de-
cisions, if Congress is right in assuming
that no civil governments exist at the South
| One of the cases in which the judiciary has
recognized the constitutionslity of military
| government where civil government has been
| overthrown, is that of Lambden p. Millsan
decided about year ago, and this opinion is
the more significant, because sanctioned by
the conservative members of the court. The
constitutional right Of Congress to impose
military governments being shown, the ex
tent to which this right shall be exercised i.
a matter for Congress to determine accord.
ing to the circumstances.
The right of Congress to allow colored per-
sons to vote is also questioned. 1t seems to be
believed that the old State regulations on
this subject are still in force. But II the
State governments, as is claimed iapsed on
account Of secession, these regulations a;
L II