Year: 1866

the S. F. Bulletin, under date of April OH
who is an ardent supporter of the Presidents
policy, says:


It is curious and interesting to note the
effect upon our Radical friends Of the Presi.
dents proclamation that the civil war is at
an end, and that civil law is again supreme
The document was complete surprse-tor
no one outside the Executive circle seems to
have had the least inking Of it in advance
of its appearance. True, it was to te ex-
pected at some time in the future; but the
energetic demonstrations in Congress against
the Lncoln'Jobnson reconstruction policy
has apparently betrayed them who made
them into the idea that their 'nenaces were
to have the effect Of giving the Execu'
tive indefinite pause in the development of
his measures. The proc lamation according
: y has proved perfect 's'unner" to the
lhad Stevens party. They evidently don't
know what to say or do about it-so they
wisely do nothing. They see that it drops
the bottom out Of the Radical lub-for it
takes away all their pleas for exceptional
legislation in regard to the South, predicated
upon the continuance Of a state of war
They can no longer urge the constitutional
ly OF such legislation as a necessity under
the war power. There is henceforlh no ten.
able pre,ense for dealing with the South as
still in rebellion for the President in the
exercise of an unequivocal authoritity has
declared the rebellion at an end. The Con-
sttulion and the law made the Executive the
sole responsible Judge of this question of fac,
and Of time. 1t is idte to dspue bis decisI
ion of it; and there is no escape from the
logical consequences of that decision The
Radicals see this, but find themselves utterly
powerless even TO protest, and it is amusing
to witness the contortions of some of the
Radical organs of opinion, who not daring
to find fault with the enunciation of peace
and return to civil law, are restricted to
venting their bitterness in covert irony and
sneers.


4


The Peace proclamation, fixes date, of
which all the Courts must take notice-a
date which marks the termination Of all laws
having especial reference to the exceptional
state Of insurrection. 1t follows that Con
gress henceforth cannot pass any law, or do
any ri9h'ful act, to apply solely to the
States atel in rebellion. individuals in the
South are still liable to punishment for their
participation 10 the rebellion. But there is
no larger shadow Of exercise for debating
terms to any of them as conquered provn
ces. No condition can be imposed upon
their people for accept ance AS a preliminary
to restoration of their States to their rights
in the Union; for the Executive of the Ma
ton has proclaimed that the rights of the
States in the South are as valid as those Of
Northern States


ITS EFFECT ON PAST LEGISLATION.
A Joint Resolution of Congress, approved
February s, 1865; justly excluded eleven
States from participation in the Presidential
election, upon the distinctly declared ground
that those States were in rebellion which
was still in progress at that date. These
States can no longer be thus excluded, be
cause the rebellion is declared at an end by
the only lranch Of the Government having
power so 10 declare it. An Act of Con-
gress attempting to exclude them would be
null and void, because opposed 10 a plain
provision OF the Constitution Of the United
Staies. OF course the Freedmen's Bureau
operations terminate on the 2d OF April. /.
1867, because, by the terms Of the Act cre-
a'lng the Bureau, il is only "to continue DUR
ing the present war of Rebellion, and for
one year thereafter" So, too, the law of
march 3D. 1864. authorizing the suspension
of the habeas corpus during the presen, re-
bellion." has expired by its own limitation
In short the Southern States are placed by
the proclamation in precisely the same e,
gal condition in the Union in which they
stood previous to the rebellion. This act
certainly narrows the field within which the
Radicals of Congress must find opportunity
for mischief, if still disposed to push their
extreme measures They can pass no valid
laws behind the Proclamation of Peace, or
which discriminate directly or indirectly
against any individual, State or States-
They can no longer offer any decent pre;ext
for excluding Southern repres entalves from
Congress by any concurrent action, but
each House is henceforth limited to its sim
pie duty of Judging for itself of the qua iii
cations Of the individuals who present them
selves as Senators or Representativ They
must either accept these logical results of
the Proclamation, or, by failing or refusing
to do 80, place themselves in the attitude of
IebeIlious resistance 10 the authority lawfully
vested in the President. BY the preamble
to his Proclamation. he shows that he but
follows the dca of bis predecessor and of the
two war Congresses in still maintaining that
the war was prosecuted only by the preser
vaion of the Union. The Radicals, who
now insist that it had other aims which
must be accomplished before the war power
is laid down, might find it convenient to
forget the past; but Mr.. johnson confronts
them with their solemn protestations in
such manner as TO convince the country OF
their inconsistency and folly, even admitting
their sincerity in taking position diametri
caly opposite to that which they formerly
occupied.


To sum un. the Proclamation establishes