Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
It must be kept in mind that this is not the only kind of local
government known in the constitutional law and practice of the United
States. There is, and always has been, since the establishment of the
federal system in 1789, for the larger part of the population which
declared united independence of Great Britain in 1776, another kind of
local government for a part of the United States, a local government
which is not self-government, a local government which is but an agency
of the central Government. In fact, there have been at times three
kinds of local government in the political system of the United States,
viz., local government by the executive department of the central
Government--that is, local government by executive discretion, martial
law--local government as an agency of the legislative department of the
central Government--that is, Territorial government--and "State"
government. That is to say, since 1789 the whole of the United States,
territorially, has never been under the federal system of government,
but has _always_ been partly under federal government and partly under
the exclusive government of Congress, and has _sometimes_ been partly
under federal government, {3} partly under the exclusive government of
Congress, and partly under the exclusive government of the President.
[Sidenote: Local government under the Constitution of the United
States.]
The Constitution of the United States recognizes and provides for all
three of these species of local government, and vests in Congress the
power of advancing the population of a district, the confines of which
district shall be determined by Congress itself, from the lower to the
higher forms of local government. While the Constitution does not
expressly impose upon Congress the duty of making or permitting the
change from one kind of local government to another, it impliedly
indicates that Congress shall determine the kind of local government
which the population of any particular district shall enjoy in
accordance with the conditions prevailing, at any given moment, among
them. If the maintenance of law and order requires the immediate
exercise of military power, Congress may, and should, permit the
continuance of the President's discretionary government. If, on the
other hand, this is not necessary, Congress may, and should, confer
civil government, under the Territorial form, and when the population
of a Territory shall have become ripe for local self-government and
capable of maintaining it, Congress may, and should, allow the
Territory to become a "State" of the Union, a Commonwealth.
[Sidenote: "State" destructibility in the system of federal
government.]
[Sidenote: The effect on "State" existence of the renunciation of
allegiance to the Union.]
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