The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-03


There is much misrepresentation as to the
status of the South at present under the recon
strucHon 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 aud 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 will
fully misrepresented. from bad feeling or for
political objects. But It is evident that mary
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
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 thu 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 overthrow 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
eminent, from the beginning Of the war up to
the present time, has been based upon this
fact notwithstanding the opinions and declara-
tons 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
rebellion to resume their functions of local
government, and to restore them to full politi-
cal communion with the rest of the States.
President johnson attempted to accomplish
this in his own way and without consulting
Congress 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 a
plan of its own. And here the question
arises, by what right or under what constitu-
tional power did Congress act in passing the
reconstruction acts, and in establishing mill
tary police to see that these acts be carried
out? It is found in the constitution, which
says that "the United States shall guaran-
tee to every state republican form of govern
m mt" When the rebellion was put down
there was no government 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. It was the duty of Con.
gress. then, to see that . government should be
established, and one republican in form. Con-
gress, therefore, had the undoubted right to
prescribe the mode in which this should be
done, with all the details and machinery for
that purpose This is power derived from
the constitution, and there is no despotism in
exercising it. The federal government might,
perhaps, have gone further under the extra
ordinary circumstances connected with the
gigantic rcbcllion-might, perhaps under the
war power, or under an assumed law of neces-
sty, have paid less regard to the claims of
constitutional protection; but happily it has
not The reconstruction acts are but enabling
laws to help the disorganized reb sllious 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. Y 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 tina United States
could recognize, as in the case of the South
when the rebellion was subdued, what should
be done? Is it not clearly the duty of Con-
grsss to protect the States and citizens from
domestic violence under such circumstances?
The governm mt could not wait for an appli-
cation from Legislature or an Executive,
when there was none in existence which it
could recognize. That would simply be per-
hitting anarchy to reign. Itwould be no gov
ernment at all
The reconstruction acts, then, in dividing
The South into military districts and establish
ing military police, have not created despot-
ism, nor were they so intended. They are
merely provisional, and, as we said, only to
protect the South and to enable that section to
be restored. The generals commanding in
these districts may make mistakes and exceed
their legitimate powers. General Schofeld
did, no doubt, in his action against the press
Of Richmond. The constitution says Con-
gress shall make no law "abridging the
freedom Of speech or Of the press"
The utmost latitude should be allowed
in the discussion Of all subjects In the South
as well as at the North, SO long as the press
does not incite instruction or disturbance Of
the peace. General sickles, too, went beyond
his legitimate duty in compelling some Of the
Charleston people to carry the Aag In ihcir
procession. Carrying the Gag or not carrying
1t was matter Of taste, and had nothing 70 do
with preservinO the ueace a. aoe;rv &h.t &ha