The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-16
SATURDAY, MARCH Is, 1867.
The Republican Party and the COnsti-
futinn-


WE are among those who believe that the
entire course of the Republican party, from
the breaking out of the war down to the
present time, is capable of a full and tri-
umphant constitutional justification. We
hold that its action has been constitutional
throughout.
The Constitution assumes that state of
war may prevail. When it does prevail the
laws and usages of war become constitutional.
We're this not so, it would be impossible to
kill public enemy in battle on our own soil,
because the Constitution declares that no
person shall ''be deprived of life, liberty, or
property without due process Of La,c." Hence
we conclude that those acts of the Government
during our late war, which were so vehe-
mently denounced by the Democratic party
as unconstitutional, such as arbitrary arrests,
military trials, the emancipation of slaves,
ETC., were in reality just as truly and strictly
constitutional as the killing of Rebels in
battle, their capture and confinement as pri-
soners of war, or the destruction of their
cannon, horses, foundries, bridges, ships, or
other property.
If we advance a step further, and come
down to the great question of reconstruction,
we here find the Republican party still carry
ing out the express provisions of the Consti-
tuition. The overthrow of the Rebellion left
the Southern States, in the language of Presi-
dent Johnson, '7oihom ciUI goUernment.' The
first question that arose was, who should take
the initiative in the work of reconstruction?
And in reply to this the Constitution furnished
the ready answer, 'that the United States shall
guarantee to every State in this Union re-
publican form of government" Bnt the
United States can only act through the Legis
lative branch of its Government. The EXecu-
tive is restricted to the execution of law; the
Judiciary, to the adjudication of cases arising
under the law. Hence the work of recon-
structiOn belongs solely to the Congress of
the United States. The Presidents attempt
to do this work was in the highest degree un-
constitutional and Congress in resisting it
and treating what he had done as a nullity,
was simply defending the integrity and
supremacy of the Constitution against a most
fagrant and dangerous assault.
This brings us finally to the plan of recon
struction upon which Congress was bound
by the Constitution to act. And here it is
vitally important to note the change in the
status of the late slaves caused by the abOli-
tiOn of slavery.
The Stare was not regarded as part of the
political community. He was chattel, a
thing, mere piece of property. He could
not be taxed for he could not hold property.
He could not make contract. He could
hardly be said to commit crime. If he were
vicious or destructive, he might be proceeded
against by law and deprived of his life; but it
was on the same principle that vicious horse
or OK might be ordered to be destroyed. Now,
on this theory, granting it not to have been a
most abhorent one, slavery could exist in a
State which had a republican form of govern
ment. There is no parodoX in this, if we
assume as the law of slavery did, that the
slave was, as to all the purposes Of govern
ment, not person but thing. He could no
more be member of the political State than a
horse or a mule could. This is very different
case from the existence of a class of persons,
members of the political community by birth,
owning property, paying taxes, making con-
tracts, ETC., and yet denied all participation in
the government of the State. And it is in
teresting to observe that the existence of such
class of persons was comparatively unknown
in the earlier days of the Republic. Though
slavery prevailed in most of the States at that
time, yet in nearly all of them the enancipated
slave became at once a citizen, enjoying all the
rights and privileges of citizens upon the same
terms as others. Freemen were assumed to
stand upon an equality. The existence in the
community Of a class of perpetually dis,
franchised freemen would have been looked
upon as a gross violation of a republican form
of government.
Now, the abolition of slavery at once made
the whole body of previous slaves m embers o
the State. They were no longer things, but
persons. They could now own property, max,
contracts pay taxes, and exercise all the usua
functions of citizens. In the eye of the Con
stitution there was nothing to distinguish
them from the other members of the politica
community. When, therefore, at the close o
the war, the Rebel State Governments haC
vanished with the Rebellion, and the whole
South was a tabuia raSa, whereon a new orde
of things was to be written, Congress in recon
struoting the local Governments could max,
no distinction among the people it found there
except on account of crime. 1t could no NOR
recognize the whites as exclusively the politi