Year: 1865

of State Governments, and on the other the


various efforts to force new State govern.


ments into existence by military process, or


by an osteusibly civil process directed and
sustained by the military. From this comes
Military Governors, an Office unknown to
either civil or military law.


The Constitution and laws of the United
States are the fundamental law of the land.
They require no Intervention, permission or
aid from the State Governments to give them
force and virtue, And the refusal Of the peo-
pie ofthe States to administer local govern
ment does not in the least uffect the iurisdic-
ton of the United States. If they do not
maintain local government so that the people
are protected in the rights guaranteed To
them by the Constitution, it is the duty Of
Congress to see that they are thus protected.
Thus instead of slipping out Of the jurisdic-
ton of the United States by allowing their
State Governments to lapse, it is brought
more directly home to them.


Congress is obliged to guarantee to each
State republican form of government--
Where this exists already, the duties of the
guarantOr are light Where it is overthrown,
the power aud the duty extend to al the
means necessary to set aside any usurping
State Government and form a republican one,
The Government of the United States is re-
publican form of government, and is the best
we know. It's good for all the States whose
governments lave lapsed, until Congress
shall judge that the loyal people are cOmpe-
tent to reOrganize them.


When these State governments are vacated
by rebellion, and while they continue vacant
by the disqualification of their inhabitants to
construct a government subject to the Consti-
tuition of the United States, they are as
though they never existed. Their territory
and inhabitants remain subject to the juris-
diction of the United States, which has
power to provide all needlul laws to secure
the inhabitants protection to persons and
property. But as political corporations their
existence is suspended. They cannot rebel
against the Constitution, and then have a
negative voice in the Government by not
electing Representatives and Senators to
Congress, for the Constitution provides that
a majority Of those elected shall constitute a
quorum; nor by not elesting Presidential
electors, for the Constitution provides Il ct a
majoaity of those appointed shall elect; nor
can they have a negative on amendments to
the Constitution, for they have no State Gov,
ernments, and no existence as States, and
therefore cannot be countS5 at al


Our Constitution is not so absurd as to con-
tinue districts which are in open rebellion
against it, constituent members of its legisla-
tive bodies, by giving them negative on
legislation, This would be the same as if it
had given them negative in congressional
action by providing that a majority of all the
Districts shall be represented IN order to cen
stitute a quorum; and negative in the elec-
ton Of President, by providing that majori-
ty of the electors apportioned to all the
, tdtes Slldl UC ASQulACu " ClCGls ~ Has uOu6
nothing Of the sort in either case. Ha State
fails to send Senators or Representatives
they are not counted in the quorum. II
State does not appoint Presidential electors
her quota is not counted in finding the ma
iority. And if State Government is vacant
it has no existence as a State, and it cannot
be counted either actively or passiVely mega
tive in finding the vote upon an amendment
to the Constitution.


We haya seen an argument to this effect:
that the Constitution requires that amend
ments shall be ratified by three-fourths Of the
States. To exclude the rebel States from the
count recognizes that they are not States;
and if not States they are out of the Union.
We suppose to this to be an average specimen
of the reasoning which starts upon that con-
clusion. It's the same idea that we have re-
ferred to above, that unless State Govern.
ment is kept in existence, either in fact or
fiction, the State viii evapOrate from the
Union.