New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-03-01

tiuudily Drought 20 our 0OtlGe Dy our 0nDO.
nents, and are part Of the history of the
times.
In the first place. as to the legality of Con
gress, as organized since the beginning OF
the war, as q law making power of the gov
eminent. Ia what does this power consist;
aud through what agencies is it organized
1tconsists OF Senators and Representatives,
who come together as a Congress under the
authority of the constitution; but through
the organized machinery or agencies of
States which have common union. and NOT
through States that have no such union. nor
through territories not organized as States.
There must be States to send Senators aud
authorize the election of members to the
House of Representatives, and these organ
lzed as q Congress exercise the authority of
the law making power of the government.
subject to the approval of the President,
except when bill is passed over his OBJ
Jeetions by two-thirds vote. When a
state changes its government that has been
IN union with the general government, and
Wlthholds Its Senators and Representatives,
and Its officers foreswear their allegiance
10 the United States, and take an oath to
support another and hostile government, it
ceases to be State in legal union with the
other states, and can only be restored to
the light by the law-making power OF the
| government, by an act of Congress,
and nothing less. Nor does the
| withdrawal of any number less than the
whole numberSof States destroy the legal
existence of the general government Con-
| gress, properly represented by the remain
ing States, can pass laws legally, which will
| be binding upon all the States and the in
habitants thereof those represented and
those not ; and such laws will be only in
operative when prevented from being exc
cuted by force. And this body can not
only pass laws, but can propose amend
ments to the constitution Of the United
States and if approved by three-fourths of
the legislatures Of States remaining in
Union with itself and properly represented
IN that body, however few they may be in
numbers, such amendment would be legally
Migrated on the constitution of the United
| States. We therefore claim in the first
| place that it was not necessary to consult
the rebel States at all as to an amendment
of the constitution of the United States in
order to make such amendment legally
| adopted by the requisite number and in
the second place, if they were consulted
we claim that that act would not be such u
recognition of their legality as organized
States, republican in form, such as Congress
is bound to guarantee to State, as to entitle
these governments organized by the Presi-
dents authority to representation in Con-
gress. But while this view of the case is
held to be the true one by the best legal
minds in the country, and is the result of
sound reasoning upon our form of govern
ment, it is also true that these provisional
governments did take action on these sew
eral proposed amendments to the constitu-
ton. The thirteenth article they approved.
and the fourteenth article they scornfully
rejected and it was not until after this
rejection, and their teWper and oppo-
sition was made so strikingly mani
fest, that Congress proposed and
adopted the series Of acts known as the
reconstruction measures by which the col,
ored man was made q voter, and thus a
new element of strength brought forward
IN aid of the power of Congress to guar.
antee republican forms of government to
these States, This step was not taken until
after long deliberation and net until after
it was found an impracticable thing to
form loyal governments in these States on
the white basis, for the Presidents plan had
put all the offices in the bands of men who
had been in the rebellion. Laws were
enacted by these governments that SO
shackled the liberty Of the colored man that
his condition was but little removed from
that Of abject slavery to society. 1t must
be remembered in this connection that the
proposed fourteenth article as an amend.
meat to the constitution provided that the
States where the colored man resided should
have the right to control the question oil
suffrage.
If a vote was allowed him he might be
| Oh IN, Ioh as ,,C, 7
he was not allowed to vote neither should
he be counted in the basis of representa-.
ton. The ballot and representation
should go together. The threefifths rule
applicable to a state Of slavery should ex-
list no longer. Yet this liberal proposition
was rejected by these provisional govern
ments. They wanted TIE old condition OF
things to exist. They wanted representa-
ton for all the colored men-Or for at
least three-fiths Of them-though they
were ne longer slaves, yet they did not
want them to vote. In short, they wanted
representation for large class of men who
could neither vote or take any other part
ia The government, but whose numbers were
greater in Mississippi in 1860 than the
white race themselves, and are presumed
10 be greater even now. We have said
that the payment for emancipsted slaves
would be an issue in the coming Presi.
dental and Congressional elections; that
we are right In so believing is evident
from the following facts First. The new
constitution of Maryland. adopted by
the Democratic element in that State
provides that " the General Assembly
may adopt such measures as they ma 2
deem eXpedient 10 obtain from the
United States compensation for such
emancipated slaves and to receive and
distribute the same equitably to the per-
sons entitled
Georgia, too, in 1865, in her constitution
| provided that acquiescence in the action OF
the government of the United States is not
Intended to operate as a REIMBURSEMENT or
waiver or estoppel for such claim for com
pensatiOn or loss sustained by reason of
the emancipation of his slaves by any citi-
zen Of Georgia as he may hereafter make
upon the justice and magnanimity of that
government"
| Kentucky has recently, by her general
assembly, appointed a select committee
with instructions to report as soon as prac-
tible to the general assembly of Kentucky
the assessed value of the slaves taken
from the citizens of Kentucky by Federal
executive proclamation, by acts OF Con
gress and by the amendment to the Fed
4 eral constitution, known as article Is; and
also the value Of such slaves taken from
each county of this commonwealth, and
that said committee report what steps are
necessary and proper to enable citizens OF
the State to obtain compensation from the
I II