The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-01-14

congress, WHICH we puDiiSD luis MORN
ing, exhibits determination to bring
the matter to so exact and Ultimate II
focus as to test the question whether or
no the lawmaking power of this Gov
ernment possesses, by right, the prerog
asiye of devising enactments of binding
force rpon the communities and CO or
dinate branches with which it has to d
and to deal. By converting the aggre-
gate of the insurrectionary States iuto
one Military District, Congress is acting
upon the hypothesis that to it belongs
the right to pass laws for the govern
meut of the territory recovered from the
control of the Confederacy quite as
fully as it had to create regulations for
the observance of the Union Army dur
ing time Of actual war. And it would
certainly seem that if Congress had The
right to cause the coercion" Of the
South into a condition of continued
t.ltSiduCc " lut NUNtt IL JUS luf
right 20 perfect what was contemplated
when such O. coercion " was inaugura-
ted. Either we must accept Buchanan's
doctrine that coercion was uncons
ti.u:ional, or that Reconstruction is
absolutely and entirely within the hands
of Congress-subjeet. of course, to
vhate-er effect the Executive veto mas
have. This view of the case, and so
much of an argument as it embraces,
comes to be repeated whenever this
subjec: is broached. But we should not
forget ,hat=the cause which was put on
tcial in 1861 is not yet finished: and
that the pleadings of to-day are simply
a part of, or the logical sequence to the
pi-adings of that period. The question
then, as new, 10: - Are we. a Nation
based upon the will Of the majority of
TIE citizens whose voice is expressed
rhrough their Representatives," We
must not suffer ourselves to lose sight
eft this one essential, fundamental view
OF the matIer. = e. 0<N.t@
Not only does Congress intend to as
ssrt its rightful guardianship over the
political status of the subjugated rebels,
bat it proposes to test the virtue of it's
laws with regard to their binding force
upon those citizens of the United States
who occupy the Offices of President and
Judges of the Supreme Court. Indeed,
~ the President and the Judges are not
10 be directed by, aud held amenable to,
,ae laws of Congress, by what laws are
they to be controlled? Congress, by
solemn enactment, sets forth that no
civil governments exists in the South |
and then inhibits the Executive and |
toe Judicial branches of the Government
from, recognizing, for any purpose With
IN the purview of the Presidential or
sadicial Office, the existence of any such
civil governments Thus does Congress
specify an instance wherein it must be
left alone to exercise its constitutional
p.srogative of dealing With and deter
mining upon the political condition of
certain part of the National domain.
(, may be said that the long and Bit
ter controversy between Congress and
lie Executive Department, assisted to
certain exteu. by the judiciary, has been
COO Quoted somehow with Difference to
he indirect requirements of diplomacy
aud sharp dealing. There has been
shovn a manifest disposition upon the
part of Congress to avoid " forcing an ,
issue" with the President. Acting
upon It's reserved right to administer /.
upon the political condition Of affairs, l
Congress has not, hitherto, gone to the :
extent Of asserting its peculiar powers I
10 so many words. But the Supplement- !
arg Act in question is an earnest that
no more interference is to be tolerated.
rbe President is distinctly forbidden to !;
.rsat rebel Office holders as of tie cons
itated authorities and tho Supreme :,
Court ia told, in a manner that is not to a