The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-04

seem evident from the action of the two parties
in the last Congress. The ultra radicals and
Democrats coalesced more than once during
that Congress, and the radicals secured more
than one of their most signal victories by the
help of Democratic votes. Thus the Demo
Gratis and Stevens men voted down the pro-
posed qualifications, and secured universal
suffrage for the negroes of the District of Co
lumbia. And the same coalition at a later day
secured the partial distranchisement of the
whites in the South, while it gave the ballot
to the Southern negroes without qualification
or distinction of any kind.
What has been, may be. Meantime all we
have to do just now is to watch the current of
events.
From the Herald
There is much misapprehension as to the
status of the South at present under the Recon-
struction acts of Congress and the military
police required to carry out these acts. We
hear great deal, particularly from the violent
unreconstructed Rebels of the South and their
confreres, the Copperhead- Democrats of the
North, about military despotism, martial law,
tyranny, and so forth. In some cases the con-
dition of the South and the facts with regard
to the action of the General Government are
I
for political objects. But it is evident that
many of the truly loyal people do not properly
understand the nature of the temporary mill
tary police under which the South is placed.
Even some of the military commanders over
the districts into which the South is divided,
have misunderstood the status of that section
of the country, and their duties in executing
the laws of Congress.
Now, the South is not under martial law.
When the Rebellion was subdued and the war
ended martial law ceased, and anything done
now by the Federal officers savoring of military
despotism is mistake, and contrary both to
the constitutional rights of the people and the
| laws of Congress. The Southern States, though
| their loyal governments were overthrown by
the Rebellion, and their political relations with
| the loyal States of the North suspended for the
time, are still in the Union, and the broad
shield of the Constitution still protects the
people. The whole action of the Federal Gov
ernment, from the beginning of the war up to
the present time has been based upon this
fact, notwithstanding the opinions and declara-
tions of a few extreme radicals in Congress.
The object of the Reconstruction acts of Con-
! gress and the military police appointed under
them is only to enable the States lately in re-
bellion to resume their functions of local gov
ernment, and to restore them to full political
| communion with the rest of the States. Pre-
| sident Johnson attempted to accomplish this
in his own way and without consulting Con-
! gress; but his plan was deemed imperfect,
unsafe, and not tending to secure loyalty and
peace in the future. Congress set that aside,
as it had right to do, and adopted plan of
| its own. And here the question arises, By
| what right or under what constitutional power
| did Congress act in passing the Reconstruction
acts, and in establishing military police to
see that these acts be carried out 1t is found
in the Constitution, which says ''the United
States shall guarantee to every State repub-
| lican form of government. When the Re
bellion was put down there was no govern
ment in the Southern States which the United
States could recognize.
There was an assumed foreign government,
| which necessarily fell with the Rebellion
! under which it was created. 1t was the duty
of Congress, then, to see that government
should be established, and one republican IN
| form. Congress- therefore, had the undoubted
| right to prescribe the mode in which this
| should be done, with all the details and ma
| chinery for that purpose. This as a power
| derived from the Constitution, and there is no
! despotism in exercising it, The Federal Gov
eminent might, perhaps, have gone further
under the extraordinary circumstances con-
nected with the gigantic Rebelllon-mlght,
| perhaps, under the war power, or under an
| assumed law of necessity, have paid less re-
| gard to the claims of constitutional protection;
| but happily it has not. The Reconstruction
acts are but enabling laws to help the disor-
ganized rebelliOus States to establish loyal
| republican governments, and to resume their
| privileges in the Union, and nothing more.
| The Constitution also requires the United
| States to protect the several States against
| domestic violence 1t is true this is to be on
| the application of the Legislature or OF the
| Executive. But where there is no Legislature
| or Executive or none that the United states
| could recognize, as in the case OF the South
| when the Rebellion was subdued, what shouiu
| be done Is it not clearly the duty OF Con-
| gress to protect the States and citizens HoHi
| domestic violence under such circumstances
| The Government could not wait Tor an apPn-
cation from a Legislature or an bxecutiVei
when there was none in existence Whlch IL
| could recognize. That would simply De per-
mitting anarchy to reign. II Woulo 10 no
government at all. ,.,,;,
The Reconstruction acts, then, IN dlVi1lng
the South into military districts and estaDnsh-
inc military police, have not created ues-
no1isn nor were they so intended. Ihey are
merely provisional, and, as we SAID, only 10
| nrotect the South and to enable that secuon
| 10 be restored. The generals commanding IN
| these districts may make mistakes ana exceed
tbeir legitimate powers. General Schoheld
S;d no doubt in his action against the press
of Ricbmond. The Constitution says Congress
Sbail make no law 'abridging the freedom OF
s,aeacb or of the press" The utmost latitude
| SPonld be allowed in the discussion OF all sub
;ants In the South as well as at the North, so
| iono I'D the press does not incite insurrection
ea disturbance of the peace. General
Siolles. too, went beyond his Legitimate