Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-03-13
A Boomerang.

A Boomerang.
President johnson, in his message vetoing
the military reconstruction bill, enunciates
this proposition;
1t is not denied that rho aratco in question
have each OF them an actual government,
with all the powers, executive, judicial and
Legislative, which properly belong to free
state They are organized like the other
states of the Union: and, like them, they
make, administer and execute the laws which
concern their domestic affairs. An existing
de fdcto government exercising such functions
as these is itself the law of the state upon
all matters within it's jurisdiction. To pro-
n1unce the supreme law-making power of an
established state illegal, is to say that law
itself is unlawful
| If this argument is good to-day it was
good in April, 1865. 1t could not then have
been denied that g the states in question had
each of them an actual government, with all
the powers, executive, judicial and legislative,
which properly belong to free state The
ordinary machinery of these state govern
ments had not changed since 1860, when
one denied that these were states. Gen.
! Sherman, when he held his convention with
the rebel Gen. johnson, proposed not to dis
turb these state organizations, but simply
transfer their allegiance from the confederate
to the federal government He recognized
them as de fdctO states, and exercising all the
functions of state in the Union.
But this agreement of Sherman and John
son was instantly rejected at Washington, by
one of the first acts of President Johnson's
administration, one of the reasons assigned
for this rejection being, that the Sherman
johnson compact was recognition of the
state governments as actual and legal facts
! Within month thereafter, and while every
one of these rebel pretended state govern
ments exercising every function of actual
government, with its Legislative, judicial and
executive departments in successful operation.
except interfered with by the federal mill
tarv, President johnson commenced has
work of reorganization, brushing aside as
of possible account validity these de
facto governments, and setting up in place of
them provisional governor with instructions
to begin the work of reconstruction by
convention of certain portion of the white
people Of these states; which convention
should first make a constitution for the state,
and then organize state government. This
method of procedure was repeated in every
southern state, and the present pretended
state governments have their origi in this
work of President johnson.
IF Mr. johnson had been absolute emperor
of this nation, perhaps should be obliged
| nd 10
without asking by what authority he acted,
but as he is only President and has no power
except that granted to him by the Constitu-
ton, it is, perhaps, not requiring too much
to ask him to tell us how. if Congress may
not NEEDLE with de tactO government,
President may sweep out of existence by
word, nine de facto governments Is not
the logic that is good enough for the Presi-
dent good enough for Congress? If the
President may abolish de facto state gov
ernment, may not Congress do the same? If
Congress cannot s. pronounce the supreme
making power - of South Carolina s. il
legal now, what right had the President
to 81 pronounce the supreme law-making
power OF South Carolina Illegal in
1865? Is not this presidential argument
like the weapon that, hurled by an unprac-
; tised hand, describes strange and fantastic
curves, and oftener than otherwise comes
back and smites him who hurls it?
But the fact that this argument, at the same
time that it strikes Congress also condemns
the President, is freighted with still greater
mischief. Judge Rufhn, of North Carolina,
although speaking unofhcially, said several
months ago that the constitutional convention
ordered in that state by President johnson,
was itself unconstitutional, because not called
according to the old constitution of the state
and if it was unconstitutional of course all it's
work was illegal and void, and the state gov
eminent organized by it was illegal. This I'M
official opinion of Judge Rufip would, beyond
question, find acceptance with the courts of
every Southern state, if they had no fear of
its being reversed by the federal courts. And
now comes this veto message of the Presi-
dent, declaring in effect, this same doctrine,
and, for the purpose of certifying the acting
governments of these states against the as
sault of Congress, setting forth doctrine
which makes every one of them a usurpation.
To be logically consistent the President should
now undo his whole work of reorganization,
beg pardon of the rebel officials whom he drove
, with bayonets from every Southern capital,
and invite the banished governors and legis-
latures to come back and take possession of
their own. This is the end of the presi-
dental argument only a recognition of
every rebel de tacto state government, but
also recognition of the confederate govern
ment of the ten states, which was also =" an
actual government with all the powers ex-
ecutive, judicial and legislative, which belong
to free state'' Thus President johnson
has swung around the circle, until now,
pushing his warfare against Congress, he
has encamped on the chosen battle ground
of the rebels, and every shot he fires is aimed
at the entertainments behind which two years
ago he made war upon treason.
The Senate has passed vote of thankslto
Geo. Peabody for his munifcent gift in aid
of education in the South and Southwest.