New-York tribune., 1869-04-13

4
sue tins Court there needs to be stare s
competent represent the state IN lts reIatOns WIN o
National Government, so far at least as the nsutuon
and nrOsecution OF suit is concerned. And 1t Is by no
means logical conclusion from the premises WhlVn no
have endeavored 20 establish tnat Tue Tue Erd obI
atiOns OF Texas to the Union remained nnaeIeu are
cations often unimpalred Whe RELATIONS az aIo
steay "a ne 70 her laws subject 70 the Const
tuition OF the United States are binding upon an Ost
zens whether faithful nnfaithful to them Dut tne
relations which subsist while the obligations are per
formed are essentially different from those wcn aiiso
when they are disregarded and set at nough Anu tne
same must necessarily be true OF tne oDsStios anu h
relations OF States and citizens 10 the Ui0 No olo naS
been bold enough 10 eonteu t t the limited States
and in afibatiOn with hostile cOhIederauoh wax, was
ing war upon the United states, Senators CHOSEN
by her Legislature or eeelea Dy @ nSr
citizens were entitled 70 seats ~ congress- or tnat any
Court All admit that during this condition OF civu war
the rights of the state member, and OF her people,
ment and the citizens Of the State refusing to recognize
their constitutional OBLIGATIONS assumed the character OF
enemies and incurred the consequences OF reDelioh
These new relations imposed duties upon the United
States The first that OF suppressing the rebellion;
the next that OF reestabshng the broken reiaons
of the State with the Union. The first OF these duties
having performed the next necessarily engaged tae
attention OF the National Government The authority
for the performance Of the first had been found IN the
power to suppress insurrection and carry on war;
was derived from the obligation Of the United
States 10 guarantee 70 every otat9 m III
the Unou republican form o government; the a',er &
Government Of state, and for the time exeludes tne
national authority from It's limits seems 10 De az
complement the other, OF this the case OF Iexas iur
nishes striking illustration. When the war closed tlete
was no government in tho state except IaS Se .
been organized for the purpose OF Wagns ma a9
the United States. That government imneuhteg usap
peared; the chief funcoDares LETT the state % sgS al
the subordinate officials followed their eXampei esH
responsibilities were annuled or greatly ihpateVu' ~
was inevitable that great confusion so" ssn and
order maintained, it was where tho g"1n s ocnS
virtue Of the citizens gave support 70 io,H ga men1
magistrates or supplied more G1eey change in
creased the difficulty Of The stnation M Eg.ne nSt
paton and whatever questions might be made ss TO the
effect OF that act under the Consntuol was t ha
from the beginning that its practical operation nust D
nornniefe engranebiscment. Wherever the N"t0nai
forces obtained control the slaves DeGans ISeusi tbs
nort o te acts OF Congress and tho Proclamation O inc
President concerning slaves made CONDITION O am
nesty by President Lincoln In Decenner iSoo' n' ss G
confirmed rather than ordained, by the amendment to
T"on which was proposed by Congress IN February.
sS5 and ratified before the close OF the following Au'
t,Tn by the requisite three-fourths OF the states
% Tha new freenen necessarily became a
part Of the peope snd ,o inc tt' retain ss
their identity though changed to some extent IN lhelr
constituent eeinents and y was me SIe mus @ v",E 5
tuted winch was entitled TO the benefit oi te Con
stutona guaranty There being, tDen no GOLernuleHt
in Texas constitutional relations WIN thG usio' 10
the duty Of the United states 10 Iolluo ior u
restoration of such Government But the restnratoh
of the Government which existed before the Irp.lo'
without new election ot oihcers was % oIIus1 m
sble; and before any such election cond De pfoFgrH
held 1t was necessary that the oa Cons,J e. Sr9uiu ;
s,ons TO the new conditions created by emancipation hnd
afford adequate security TO the people Oh tHo Stat ~
tho exercise of the power coholIeu Wy tie
clause as i'm the exercise OF every other cOnstutoal
mower discretion the choice Of means Is necessarily
allowed 1t is essential only that the ieAls mSt % ,o
necessary and propCr for carrying into execution te
power conferred, through the restoration c thc SHe 10
It's constitutional relations under IelCniiean IsIi Ui
government and that no aeis DC done ana 40 ae hollY
exered which IS either prohDted or oieH ~ !lc
Constitution II is not important to review at length the
measures which have been taken under ths no~erDy
onal Alter the cessation Of orSnHiicd
| aud ngtiU a,
the President Of the United states issued his pr0chl
tion anpontne Governor for the state. and
proyidng for the assembling convention with The view
TO re,stabshment Of republican government under
an amended Constitution, and 20 the restoration or the
state 10 her Constitutional relations convention was
accordingly assembled, the Constitution amended elce'
lions held, and State government. acku0NeiShS Us
oblgations TO the Union established Whether Tie action
then taken was all RESPECTS warranted by ho CJnsii
| mower exercised by the President was supposed
doubtless 10 be derived from his Constitutional func-
timed N cannot be denied that he msht institute
temporary government within inSurgent districts 0ccl-
pied by the national forces or take oasuieo m any stale
Tor the restoration OF State governments faithful 70 the
Union employing, however, in sneh enoits Only such
| tutional laws But the power TO carry into
effect the clause Of guaranty Is primarily
legislative power and resides IN congress C.oer tIc
fourth article Of the CONSTITUTIONS 1t rests win Congress
10 decide what government the established ohe ~
state For rs the United states guarantee TO ech state
republican government, Congress must necessarily cc
eide what government Is estaDsed ~ me ola,9 "e5Sre &
10 can determine whether u ls republican OF iol rms
the language Of the late ChcJustcc speaking for this
Court in from Rhode Island 0uthcr 0gt Borden,
How, AZ arising from the organization OF opposnS GOV
in that State. And We hiuk that the principle
prety the Of State deprived Of all iighiiul
ernment by revolutionary violence though necessarily
limited where the rightiu government IS thus
uverhrOwH IN imminent danger OF beiHg oyortiwnby
opposing government set up by Iorcc Wlihh inc STATE
The action OF the President must therefore he coiced
as provisional, ANA in that light t seems 10 has0 been
regarded by Congress II taken after The tetn Of
the XXXYlIIth Congress had expired. The ANNiNth
Congress- winch assembled IN December, l9' followed
by the XLth Congress, which met IN March 1867, pro-
ceeded afterlonG deberaon TO adopt various measures
for reorganization and restoration These measures were
embodied in proposed amendments 10 The Constitution
have been so far carried into effect that majority o the
states which were engaged IN tls iseDeiion nave been
government adjudged to be republican by Congress,
through the admission OF taelr Sehat0IS ana epIcsen'
tatveS the councils Of the Union" Nothing ~ tho
before requires the court to pronounce judgment
upon the consitutonaty OF any particular PROVISION Of
these acts But it is important TO observe that these
bccn csabisbed and had been IN actual operation under
Executive direction, recognized by Congress pro
ysOnal az existing and as capable OF coniinaanoe Iy
the act OF March p 1851 u s. 81 4!5 the first OF the
series, these governments were, indeed, pronounced
Illegal and subjected 10 military control and were
declared TO be provisional Ony and by the supple.
mentary act Of July 49, 1861 the third OF the series 1t was
and meaning OF the act Of March that The gov.
erDments then existing were not legal State gov
ernments, and, If continued, to be continued
subject to the military commanders OF the respective dis
tiicts and 70 the paramount authority OF Congress. We
do not inquire here into consttutionay OF this Ogs
latiOn, far 1t relates to military authority the
paramount authority of Congress IL suces say that
the terms OF the acts necessarily imply recognition OF
actually existing governments aud that IN point fact
the governments thus recognized in sOmo important
spects. still exist What has thus been said generally,
describes with sufficient accuracy the situation OF Texas
Provisional Governor OF the state appointed by
tho President in 1865 in 1866 Governor was elected by
subsequent date, Governor was appointed
by the commander OF the district Zach OF
tho three exercised executive functions, and
actually represented the State in the Executive Depart
ment In The case before U.S. each has given his sanction
TO the prosecution OF the suit and lind difficulty,
without investigating the legal title Of either to the Ex
ecutive Office holding that the sanction thus given
suciently warranted the action Of the solicitor aud
counsel in behalf OF the State The necessary conclusion
that the suit Instituted and prosecuted by c0mpe-
tent authority.
The question Of ursdctiOn being thus disposed Of tho