The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-01

stitutionality of which is no longer in doubt. |
If IL ever was--are now amazed and ahiioted AT |
what they assume to be the unduestioned dis |
regard of Congress for the Constitution. In |
this lamentation they are of course Joined by |
that larger number of journals which de- |
nounced the unconstitutional acts of Mr. lin |
coin. but applauded to the skies the more nm |
constitutional (because less necessary acts of
Mr.. Johnson.
We do not propose to investigate in detail |
all the acts of Congress which are thus oriti |
cized, nor can we fully discuss the questions
raised upon any one of these measures. But
when it is taken for granted not only that the
action of Congress is utterly violative of the
Constitution but that nobody imagines il To
be otherwise, it may be well to indicate. how
ever briefly, the grounds of different oonclu-
sion. Some Of our readers may be impatient
with the subject, for ever since John C. Breck-
inrdge uttered his jeremiads over the viola
ton of the Constitution, while himself pre-
pairing to destroy it, the mass of loyal citizens
have been too much disguised with the whole
plea of unconstitutionality to listen even to a
refutation of it. But this feeling will and
should pass away.
The first and most hackneyed objection to
the action of Congress is in respect to its
"exclusion of ten States" No one reading
the articles written ON this point would sus-
pect that Congress justified this exclusion
upon any other ground than that such was its
will and pleasure. Yet the writer's are per-
fectly aware that large portion of Congress
honestly believe that the ''ten States" have
entirely ceased to exist; while nearly three
fourths of Congress are fully satisfied that
none of these States have valid and regular
Governments. The latter ground has been
finally taken by the dominant party, and it is
one which is incontrovertibly sustained by
the facts. If those Governments were regu-
larly organized, it is scarcely possible to CON
ceive of any usurpation which, being de
fdcto Government, will not be regular No
argument can be needed to show that, if the
State Governments are invalid, the Senators
and Representatives chosen under their direc-
ton are properly excluded.
The next objection is to the suspension of
the hdbedS corpus by act of Congress, a mea-
sure for which we have no special affection
but as to which we must here consider only
the question of legitimate po,Cer and not the
question of expediency. 1t is said that the
Rebellion is over, and therefore that the power
to suspend this writ has expired. 1t is true
that all organized war is over; but is it to be
imagined that the suspension of the writ must
cease upon the instant that the last Rebel
army lays down its arms Do all the rights
of war cease at that moments If so, no pri-
soner of war could have been lawfully detained
after that time, and all the precautions and
machinery incident to a state of war must then
have been instantly abandoned. We all know
that there is no such rule. Mr.. Johnson GER
tainly never acted upon it. No Government
or military commander ever did. The state
of war lasts until society is restored to its
natural and normal condition. If the war is
between distinct nations, it lasts until treaty
is signed, even though months elapse, during
which the vanquished nation has not man
under arms. If the war is a civil one, it lasts
until civil government is fully restored by
no rafhn hic has NOT hanr. IOnA
in the Southern States. Mr.. Johnson thinks
it has, and utterly ignores all contrary
opinions. His veto messages have been care
fully framed not to controvert the arguments
by which Congress justified its action, but to
give the impression to the world at large that
no such arguments were thought of by any
one. There is something ingenious, but not
ingenious, in this mode of carrying ON a
public controversy; and the fact that ten men
read the veto messages to one who reads the
speeches or other arguments in combination of
these, gave Mr.. johnson an immense advan-
tage. Such tricks of argument are common
among unscrupulous lawyers, and it is by
some such persons, we surmise, that the Pre-
sidential messages have been written.
OF the same class is the objection to the re-
cent law regulating the elective franchise in
the Rebel States. Mr.. Johnson suggests, with
an air of mild surprise, that it has never
before been deemed within the power of Con-
gress to regulate that subject within any of
the States. The fact that these States had
become so utterly disorganized as to make the
interference of the national Government neces-
sary, in pursuance of an express provision of
the Constitution, and the further fact that he
had himself acted upon this theory, regulating
the right of suffrage in these same States &C
cording to his own will, he entirely keeps out
of sight.
This poor example of an unworthy Execu-
tive is religiously followed by all his sup
porters and apologists. They gladly quote
! every hasty expression of impatience with
constitutional restraint which they can find in
the speeches of Congressman opposed to the
Presidents doctrine; but they never allow
their readers to suspect that the Congressional
| policy is believed by any one to be warranted
| by the Constitution. The establishment of
| martial law in the Rebel States is probably
the most doubtful of any of the measures of Con-
| gress yet its validity, assuming the continu-
ance of the war, has been expressly affirmed
by four Judges of the Supreme Court, one of
| them being a Georgian Democrat. Nor did
the opinion of the majority of the court in the
Milligan case at all affect this question, unless
| by inference it conceded the power to Con-
| gress. Mr.. Johnson certainly claimed this
! power for himself, maintaining and administer
! ing martial law until civil government in ms
| opinion, was regularly organized. Congress
! simply proposes to do the same thing until, in
| It's opinion. civil government is regularly
organized. It's power to do so is far more
clear than was Mr.. Johnson's, while its juris-
| diction to determine the validity of the gov
| ernments set up at the South is indisputable
In conclusion, we expect always to advo-
/ ao4n oc4ria af aHhnppn9a the