Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-08-19
A RECOGNITION of the Southern Ke-
constructed Government.

past few months, that Gov. Yarmouth sent
to Washington to ascertain if federal troops
could be ordered to the assistance OF the
government of that State. Our readers will
recollect when Congress admitted Senators
and Representatives from Louisiana, as well
as from other Southern States, that President
johnson, caused an order to be issued, an
nouncing that those States were recognised
as in the control of the civil authorities, and
that the military were henceforward to act
only in subordination to the civil power, as
they would in any other State in the Union.
Whatever may have been Mr.. Johnson's mo-
tive in issuing this order and it is possible
he thought it would be more likely to en-
barrass than to help the governments organ
lied under the acts of Congress- as it would
encourage the rebels to think there would be
no federal interference with them in case
they should resist the laws-it was, at least,
quasi recognition of the fact that legal
State government had been created by this
Congressional reconstruction. There was
fear, when Congress adjourned, that Mr..
johnson would act upon his oft-repeated
theory that Congressional reconstruction was
unconstitutional, and therefore void, and
would, as logical sequence of that opinion,
refuse to recognise the reconstructed gov
ernments as valid if they should apply to him
for help. 1t is not improbable that the
rebels expected that he would thus act up
to his declarations, and in case they refused
obedience to the new authorities in them
State, he would not recognise any call upon
him by these authorities for protection
against domestic violence and this expecta-
ton may have encouraged them to acts of
violence in Louisiana and elsewhere.
In answer, however, to the request of Gov
Yarmouth, President johnson caused the
following letter of instructions to be sent to
of Louisiana
HEADQUARTERS OF THE ARMY,
ACCOMPLISHMENTS OFFICE,
WASHINGTON, ID. C., Aug, 10, 1868.
Breret Major General B. c. Buchanan
commanding Department Of Louisiana, Ne,o
Orleans
General The following instructions from
the Secretary of War are furnished for your
aid may be rendered by the United States as
promptly as possible in any case of insurrec-
ton or domestic violence in the States en-
braced in your military department. You
will keep yourself informed of the condition
of affairs in said States, and communicate
promptly by telegraph to the War Depart
ment, through the headquarters of the
army, any facts which may make it the duty
of the President. under the Constitution and
laws, to employ the military force of the
United States. You will also maintain such
disposition of the troops under your COM
mand that they may be ready to act, with
out delay, on the receipt of the Presidents
order, stationing them at, or from time to
time moving them to, points where you may
have reason to apprehend the necessity for
their use
The following extracts from the laws and
Constitution of the United States indicate
the conditions u nder which the military force
of the United States may be employed to sup
press Instructions against the government
of any State:
Constitution-ARTICLE 4, SEC. 1.-The
United Statesehall guaranty to every State
in this Union Republican form of govern
ment, and shall protect each of them against
invasion, and on application of the legisla-
ture, or of the Executive when the legisla-
ture cannot be convened, against domestic
violence.
Act of Congress, approved February 2Sth,
I19j-SECTIoN And in case of an insur-
rection in any State against the government
thereof, it shall be lawful for the President
of the United States, on application of the
legislature of such State, or of the Executive
when the legislature cannot be convened, to
call for such number of the militia of any
other State or States, as may be applied for,
as he may Judge sufficient to suppress such
instruction. And,
SEC. 3. Provided always, and be it further
enacted, that whenever it may be necessary
in the Judgment of the President to use the
military force hereby directed to be called
forth, the President shall forthwith. by proc
lamation, command such insurgents to dis
perse and retire peaceably to their respective
abodes within limited time.
Act of Congress approved March 3, 1867
Be it further enacted, &C., That in all cases
of instruction or obstruction of the laws,
either of the United States or any Individual
State or Territory where it is lawful for the
President of the United States to call for
the militia for the purpose of suppressing
such instruction, or of causing the laws to
be duly executed, it shall be lawful for him
to employ for the same purposes such part of
the land and naval forces of the United
States as shall be judged necessary, having
first observed all prerequisites of the law in
that respect. BY command of General
Grant.
E. d. TOWNSEND,
Assistant Adjutant General.