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

r
1st. We insist. in the language Of
Mr.. JOhnson's proelamatious, that
the rebellion which was waged by
portion of the people Of the United
States against the properly constituted
authorities o the Government In the
most violent and revolving form, de-
prived the people of each of the re-
volted States Of all civil government.
Or in other words, that the only civil
governments these States had, be-
came, and were part and parcel of the
rebellion, and persisted with IL.
I'd We further insist that these re-
volted States, being utterly destitute
of any civil governments, were not
competent to restore themselves, nor
was it competent for the President to
restore them to their practical rela-
tions to the Government; but they
having sought to destroy the nation,
and being overthrow in the attempt,
the nation alene through its law
making power, can, and must pre-
scribe Tor at least saBctiOn), the terms
and conditions of restoration.
The Democratic position, as | un-
derstand it, is the reverse of those l
have laid down.
LIST. They say civil government was
not destroyed in the revolted States
by the rebellion and its overthrow,
and that these States, by their own
acts, could place themselves in a po-
sition to demand, as a matter of right,
admission to representation in both
Houses of Congress.
I'd. That if anything was necessary
to be done by the Federal Govern
ment to enable these States to accom-
plish their restoration, it was an execu-
tive act, to be performed by the Pres
ident, and not a legislative act to be
done by Congress, and it being an
executive act, the decision of the
/ President is conclusive and binding
on the other departments of the gov
eminent.
In his recent speech in the Senate,
/ Mr.. Hendricks said. that, upon
questions of policy and propriety,
| men may be educated by passing
/ events. We may change our opinions
/ In regard to questions of policy and
propriety according to the changing
/ scenes that are passing before US; but
/ so far as the law of the country Is
concerned, especially the higher law
/ of the land, the Constitution, itself,
4 how are we so readily to change our
/ opinions. Events do not change that
/ We are not allowed to be educated by
passing events In regard to the proper
meaning of the Constitution of the
| United States.
Suppose We subject Mr.. Hendricks
own opinions as to the legal and Con-
stitutional status of these revOlted
| States to the test he here lays down
and see whether he is not In process
of education on these grave questions.
In his speech made in the circle,
at indianapolis, on the 9Th day of
August. 1866, and reported in the
Indianapolis Daily Herald of the
next day, speaking of the status of the
rebel States, he then said, believe
| that during the whole period of the
rebellion the governments of the
| States continued to exist, and look
/ for the time when the Supreme
/ Court Of the United States will say
that the acts of the State Governments
/ during the entire period Of the revO-
| luton, which were not political IN
their character, and which were not
to contribute aid to the rebellion,
were legal and valid, and that the acts
/ of the Confederate Government, so
/ called, were db iBitiO void. For my
self. do not believe that the Presi-
/ dent of the United States had any
/ occasion to re- organize the State Gov
ernments That was my opinion about
4 it. but he thought it to be his duty,
and the people accepted his PROPOSE
ton, and the. people gave validity,
power and authority to that to which
he could contribute neither"
Here you will perceive that the
Senator uses the word government in
it's proper sense, not to signify mere
inanimate constitution or frame work
of government, but, as a vital, living
organization, having power to make,
execute aud apply laws to all the af
fairs of life He furthermore main
tains that legal, living organizations
of this character existed in all the
rebel States during the entire period
1 of the revolt, and that all their acts
of government, legislative, executive
and judicial, throughout the entire
rebellion, were legal and valid, save
only such as were political or 10 aid
of the rebellion.
Hence, when the war closed, accord
ing to our Senator, Georgia, for in
stance, had legal and valid ExecU-
tive, legal aud valid legislature and
a legal and valid Judiciary and all she
had to do was to transfer her Senators
from the Confederate Senate to the
/ United States Senate, the same legis-
lature which elected them to the one
electing them to the other.
On this theory, these Senators while
in the rebel Senate, were they BY vir-
I Z ~ vv,1TI 1