Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-03-13

Legislature To the United States Senate,
they become proper aud valid Senators OF
the United States.
j lis theory is simple and easily under.
stood, but is about as reasonable and
loyal as il would be to contend that the
acts OF woman who had deserted her
husband and lived in adultery with an-
other man were legal and valid acts as
against her husband. except only the sin.
gle act OF violating the seventh command.
ment; and this violation being illegal and
void, she could, Of her own motion. restore
herself to the home aud bed Of her out
ragged husband aud be be bound to receive
her.
Ifit is true that the rebel States had
legal aud valid Governments, including
legislative. executive aud judicial depart.
ments, at the close Of the war, il follows,
as Mr. Hendricks says. that there was no
occasion to reorganize their State Govern.
me IT,"
1t must be admitted that Mr. Hendricks
does not stand alone in this view of the
subject, Ne appears from the fact that Gov.
eruor Brown, OF Georgia. on the 81 day
OF May, 1865, Issued his Official proclama
tion. calling an extra session of the Leg
isIature Of that State TO convene on the
22d day OF the same month The Pre-i-
dent did not agree with Senator lien.
dricks and Governor Brown. as is mani
fest from the fact that, on the lith day of
May, 1865. the President. TIN, ugh bis
miIItary subordinate, Maj Gen. Gilmore.
issued an order annulling The proclama-
tion, aud prohibiting the meeting; and
siierward, on the 18th day Of June, 1865.
Mr. johnson issued his proclamation, sp
pointing Provisional Governor for
Georgia, in which he said "ihat the re
bellion had deprived the people of that
State Of all civil government
The Republican party then said, aud
still lnsisi, that The President was right,
aud Nlr. licud,icks and Governor Brown
were wrong. on this question, so far as
the validity Of the State Government of
Georgia was concerned But that State
had been deprived of all civil government.
aud that the President only did his duty
in annulling, by military orders, the fiji
eial acts OF Governor Brown.
But where stands the SC, stor now? has
he not so far progressed in bis "educa.
lion" in constitutional law NJ 10 now
stand on the Presidents platform? Let
his speech delivered in the Senate. ~
painted in tho Herald of this city. issued
on the Ith day of this month, define bis
pre- ont position.
Ia speaking &C tho Presidents recon-
siruciion measures, he say: 'IIis purpose
then was TO aid the people by giving them
she support &C an organization just ~
Congress. without auy constitutional pro-
vision on The snt jet gives the peop'e OF
Territory an enabling act, not because
Congress has power as an original thin.
to establish territorial government, but
because Congress has power to admit new
States into the Union. Congress muy do
that which will enable the people to fo,m
State governments. So the Executive in
this ease, in my judgment, very properly
dill tha, which would enable the people
To bring their State into practical rela-
iions with the Government hat is,
according TO tho speech Of August g.
1866 the President ov,r,hrew, by militia
ry orders, the valid, legal State govern
ment Of Georgia which existed at the
close Of the war, appointed a provisional
Governor. instead Of a valid existing Gov
eruor, and directed IA convention to be
called 10 form new government, aud 10
doing all this he did very proper thing
to enable the people TO bring their Stare
into pIsclical relations TO the Government;
and the new State Government built up
on the ruins of the old. valid State or
ganIzaiion which was oyerlhrown by mil.
ltary orders, has suddenly become valid
also, and it is gross outrage that Con
gress does not recognize il as such.
Verify here is progress; but am una
bic TO understand how il was attained
without change Of opinion on questions
involving Fundamental principles Of gov
ernment.
Ii Georgia, at the close Of the war, bad
valid government, Consisting of an ex-
ecutivc, legislature and Judiciary, which
was competent to perform valid, non po-
itical acts ali through the war, why could
not this valid organization enable the
people to briug that State into practical
relations to the GovernmeniY aud what
right had the President TO overthrow il?
aud when did the great body Of the people
ever rstify that overthrow
To avoid the dilemma in which these
different positions taken by our distin.
guished Democratic Senator at different
tunes places him, he now resorts to new
definition Of government. lt is not now a
living, moral aud political organism hav-
ing the power aud the insirumentaliiies
wherewith to make. execute aud admins
ter laws, but on the contrary. it has be
come an inaEimate constitution or frame
work of governments, dead parchment
into which, with proper Presidential aid,
il is possible for the people oil the State to
breathe the breath OF life and make it a
living political soul. But lest | srould
do injustice to the Senator, let him speak
for himself. Thus he is reported:
..lst. 1 deny that at the close Of the
war there we're no State Governments in
the Southern States. What was the exact
fact in regard to that matter? No one
disputes that at the commencement Of the
war there were legal State Governments
in the ten States now excluded from rep
resentation. These governments were
organized under constitutions which the
people had adopted submit to Sena-
tors, then, as question of law, what be.
came of the constitution at the commence
ment Of the WARP" iaa
d. If the Senator will tell me, as q ques-
ton Of law, what became OF these govern