Year: 1866




ises on which these procamations rest.


SO. They look, moreover, to the EN-
ployment OF the military arm in the exc
cution and enforcement of the scheme o
restoration which they will involve"


These were evidences either that the
proclamatons had not been properly di
gested, or that the ease might proftably
end of the avenue" to the proper forum
-Congress-which is vested with the
exclusive power Of legi Stating for the
Territories and the admission of new
| States


A state of war is utterly irreconcilable
with such an organization as the genius
and texture of our Government demand
A republican State cannot exist without
the spontaneous voition of the majority
of the people. A minority Government,
sustained by armies, would be the merest
mockery of a republic; and so long as it
needs an army or Federal legate-by
what name soever called-to govern it, it
is not in condition to govern itself The
President holds the Territory by militia
ry lava power that is absolute, and it
is folly to talk of restoring civil govern
ment by the people, for he is supreme
The power he wields is above and silen-
ces the law, and he is essentially dicta-
tor, whether his motive be good or bad.
Our fathers were jealous of military law,
and made it subordinate to the civil
Conventions assembled, voters named and
Congressman elected by it, are its crea
lures and a republic organized by it,can,
not be the product of free people
Freedom recoils at the idea. 1t will not
do to say that the sword bearers were not
present in the body. When the fiat
went forth to the North Carolina synod
to repudiate the rebel debt, every knee
went down in humble submission to the
Commander-in-C Chief. The rebel Gener-
al and Governor of Mississippi, Hum
phreys, stated in recent message that
it was under the pressure of Federal bay
onets that the people of that State had
abolished slavery. These so-called con-
stitutions are dictated by the Executive
as conqueror. Governor Orr, of South
Carolina declared that the State Conven-
ton had "done ali that the President had
requested to be done" General Hamp-
ton of that State &c lined to run for Gov
ernor because he might embarrass the
Executive in his benevolent designs in
favor of the South. lie did not approve all
that the Convention had done, but advis
ed acquiescence, as the President had
shown disposition to protect the South
against Northern radicals. When Hamp
ton talks about ''the radicalism of the
North we know he means the Union
party that fought down the rebellion and
elected the President The President
answers this presentation by informing
us that we have nothing to do with the
terms of settlement.


1t is urged that this is measure Of
peace, TO enable loyal people there to dis
pensc with armies. Ii such was the pur-
pose there can be no permanent peace
without continued protection, as Is the
case in Tennessee. The idea is, if not to
make the disloyal majority our masters
to free them OF our authority in the hope
of peace and submission in the future
This is not peace. The victory is not al
ways to the strong. The demon spirit
which animated the rebellion, and caused
all the crimes committed by it during the
war, ending with the murder of our Pres
ident, ''stilI lives unrerentant, unsubdu-
ed, ferocous and devilish as ever The
battle still RACES under new phase.


As to the admission that tie seeded
States have been deprived Of all civil
government ~.


Taking the word State as co4tra-dis-
tinguished from that of government, it
may be admitted that they are still in the
Union 1t must then signify the terri
tory or the people, or both. 1t cannot
be the territory only, for"it would con.
tinue to be State; nor the people only,
because that would make them State
In this sense it is a compound idea, one
element of which is necessarily a loyal
people. 1t is enough for my purpose that
their political organizations have been
destroyed. The proclamations say that
they have been deprived of all civil gov
ernment. lie means all local govern.
ment lie cannot affirm condition of
anarchy, as he maintains that they are
still in the Union, and subject to its laws.
1t is admitted that they have not the pow
er of self.resurrection-tha they must
receive impulse IRON without. The Pres
ident has undertaken to give the impulse,
and the question remains, where thepow-
er resides and how it Is to be exercised.
| The proclamations assume that the power
is an executive one, ON the ground that
each State Government must be republi
can in form and that it is the President
duty to execute the laws Ifthis be true
the President must be the United States,
or that this executory agreement is a law
that can be enforced by the sword only
But it is net true. Congress itself has
not yet decided what republican form Of
government is ia the meaning of the
clause or how it is to be erected in case
Of overthrow In the former plan the
power was conferred on a 1.-THE of the vo.
ters, who might take the oath Of allegi.
ance and forswear slavery. In the pres
ent one it is confined to the loyal men
who had voted before without reference
] to number, though twas clear that there
was scarcely loyal man in those States
that was not excluded There is no high.
1 - II Il. 4 :