Year: 1867




Times against Congress is that it had no
authority "to pass law excluding cerS
tain States from representation until they
pass laws or adopt constitutions such as
Congress may prescribe" 1t is also im>
puted to Congress asa fault, that it placed
military governments ever, or in place of
civil governments in the Southern States.
Both these are declared to be totally
Unauthorized by anything in the United
States Constitution, and in consequence
of them Congress is declared to be guilty
of breach of duty, oppressive and
dangerous. In this respect and TO the
extent of reiterating this charge, the
Times takes precisely the position of the
Democratic press generally. If it har-
monized as well with it in other respects,
we should not distinguish it by name
but let it go to the bad" together with
the rest. As the Times, however, shows
disposition to act with the Republican
party in preference to any other, since
the early decease of its own frst~born,
conservatism, we feel inclined to examine
the soundness of its position where it
differs from our own.


That Congress had no authority to
exclude States from representation, till
they should pass laws or adopt constitu-
tions, such as it might prescribe, is per-
fectly true, in the normal and healthy
condition Of affairs But the relation
having been criminally severed and the
representation of the States having been
repudiated, by themselves, and long and
destructive war having been waged and
prosecuted by them against the Union
and the States adhering to it, nothing, it
seems to us, could be more absurd than
the proposition that they, after being
overcome by power, should be allowed
quietly to resume their old relations and
to enjoy their former representation in
the Uuion Government, without prom>
Use, condition or guarantee for their future
fidelity, If there could be an equivoca'
way Tor the loyal and brave defenders of
the Union to say, excuse us, dear seces>
| sionsts, we have erred in handling you
so roughly we should not have sacri>
feed three hundred Thousand lives in
opposing your little whim of secession, it
is said by admitting that after filling the
country with war and spreading desola
tion over a large part of it, and sorrow
over the whole, the guilty conspirators
and supporters of the rebellion shall, on
their reluctan su omission, revert at once
to their former position in the Union.


But the false position of the Times
is demonstrabIe in another way. The
wrong attributed to Congress in demand
| ing conditions for the restoration of ..he
States, must be intrinsic to the case, if it
be a wrong at all Bat 50 far from this
is the fact, that che laws passed and the
constitutions adopted by every State
rcceiUed into the Union are submitted not
merely to the inspection Of Congress, but
to its Judgment as the basis on which
the State shall be admitted or rejected.
The same principle is involved in the
case of the seeded States, and its app!i>
cation is amended by much weightier
considerations In the application Of a
new State, there is not necessarily the
least presumption against the spirit or
purposes of the people. Still their cons
stitution is required to be approved by
| Congress But in the Southern States,
the most inveterate hostility to the Union
has been exhibited, and actual and for
midable war has been carried on by them
for four years. Their relations to the
Union and their representation in it have
been suspended for that length Of time
by their own will. And now, in the
process of restoration to their former con.
dition, their laws and constitutions are
properly subject to the judgment of the
Union Government-even more than II
they were new States, first seeking adj
mission.


BY a similar train of reasoning it il
easy to show the propriety of extending
military government over the Southern
States The ground taken against it by
thesTimes is precisely the same that wa'
taken by james Buchanan, and held by
the so-called peace Democrats during tht
war, to wit that the Constitution does
not provide for the coercion of States into
the Union, or for the exercise Of power
to prevent their going out. The super.
ceding of civil by military agencies in
carrying on government is not, it is per-
fecty true, authori zsd by the Constitu
tion in the normal and healthy condition
of public affairs. But thisis not the con
ditlon of public affairs in the Southern
States. And therefore this rule does no
apply. Another one, however, is fount
in the Constitution that requires the sup
preston of insurrection and rebellion
and the maintenance Of law>and order


The necessity for military force in orde
to meet these ends is sufficient justif
cation of its use, and sufficient authorit
for calling it into requisition. But a:
the reasoning is the same as that VIII cI
relates to the supervision, by Congress,


oe their laws aud constitutions, we fol
bear to prosecute it.


That the Democratic press, blinded b
t chronic prejudice, should take stan
: against the Congress Of the Unite
E States having anything to say about term
r conditions and guarantees in the resump
ton of their prior reIati pms to the Unior
by the States lately in rebellion, occasion
2 no surprise, since they have been tn
g firm abettors of the rebellion in its actiy


state. But that the Times, which ha


until its unfortunate alteration Of la