The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-21


that there was no OCCASION 10 re-Or-
ganize their State governments.
1t must be admitted that Mr.. Hen
bricks does act stand alone in this
view of the subject, as appears from
the fact that Gov. Brown of Geor gia.
on the Sd day of May, 1865, issued
his official proclamation calling an ex-
ira session of the Legislature Of that
State to convene on the I'D day of the
same month. The President did not
agree with Senator Hendricks and
Governor Brown, as is manifest from
the fact that, on tina 14th day of May,
1865, the President Through his mill
tary subordinate, Major General Gill
more, issued an order auuulling the
proclamation and prohibiting the
meeting; and afterwards, on the 18th
day of June, 1865, Mr.. johnson is
sued his proclamation, appointing a
provisional Governor for Georgia, in
which he said that the rebellion
had deprived the people of the State
of all civil government"
The Republican party then said.
and still insists, that the President
was right and Mr.. Hendricks and
Goversor Brown we're wrong, on this
question, so far as the validity Of the
State Government of Georgia was con-
cerned. That the State had been de-
prived of all civil government, and
that the President only did his duty
in annulling, by military orders, the
official acts of Governor Brown.
But where stands the Senator now?
Has he not so far progressed in his
education IN constitutional law as
to now stand on the Presidents plat
form? Let his speech, delivered in
the Senate, as printed In the Herald
of this city, issued on the 4th day of
this month, define his present posi-
ton.
In speaking of the Presidents re-
construction measures, he says: His
purpose then was to aid the people by
giving them the support of an organ
ization just as Congress, without any
constitutional provision on the sub
ject, gives the people of territory an
enabling act, not because Congress
has power as an original thing to es-
tablish territorial government, but
because Congress has power to admit
new States into the Union. Congress
may do that which will enable the
people to form State govern
ments. So the Executive 10
this case, in my Judgment, very
properly did that which would en-
able the people to bring their
State into practical relations with the
Government" That is, according to
the Speech of August s, 1866. the
President overthrow, by military or
ders, the valid. legal State government
of Georgia, which existed at the close
of the war, appointed a provisional
Governor, and directed a convention
to be called to form a new govern
ment, and in doing all this he did a
very proper thing to enable the peO-
pie to bring their State into practical
relations to the Government; and the
new State government built upon the
ruins of the old, valid State organiza-
ton; which was overthrown by mill
tary orders, has suddenly become va
lid also, and it is a gross outrage that
Congress does not recognize i. as
such. Ffr F#
Verify here is progress; but l am
unable to understand how it was at
tanned withOuta change ofopinion on
questions involving fundamental prin-
ciples of government.
IF Georgia, at the close of the war
had a valid government, consisting of
an executive, a legislature and judici-
airy, which was competent to perform
valid, non-political acts all through
the war, why could not this valid or
ganizatiOn enable the people to bring
that State into practical relations to
the Government? and what right had
the President to overthrow it? and
when did the great body of the peo-
pie ever ratify that overthrow?
To avoid the dilemma in which
these different positions taken by our
distinguished Democratic Senator at
different times places him, he now
resorts to a new definition of govern
ment. 1t is not now a living, moral
and political organism having the
power and the instrumentalities
whereWith te make, execute aud ad-
minister laws; but OF the contrary, it
has become an inanimate constitution
or frame work of government, dead
parchment into which, with proper
Presidential aid, it IS possible for the
people of the State to breathe the
breath of life and make it a living
political soul But lest [ should do
Injustice to the Senator. let him speak
for himself. Thus he is reported
1st. l deny that at the G Ose of ne
war there were no State governments
In the Southern States. What was
the exact fact IN regard to that mat
ter2 No one disputes that at the
commencement of the war there were
legal State governments IN the ten
States now excluded from representa-
ton. These governments were or
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