The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1864-04-20
LIBERATION AND RESTORATION
OF THE 0UTH.
SPEECH OF HON. ]. M. AsHLEY,
Delivered in the Hcusc of Representatives Of the
United States, Wednesday, March 30, 1864.



Mr. Speaker, | have the most unlimited conh-
dcuce in the President. His patriotism, no ntin
can doubt, who knows him as well as do. That
he does not intend to assume any OF the preroga-
tivcs of Congress know. lie Is the last mar in
the world whom | would suspect OF using unwar-
rautcd power for personal or selfish ends. And
precisely here is the danger, We have no lear,
because we know him, coptde implicitly in his
honesty or purpose, aud believe that he intends
every act for the public good But we ought not
to forget Mr.. Speaker, that the prccedouts which
every Departments this Government are now max
ing may be used hereafter by ambitious and bad
men for very different purposes. The safe way is
the better way. And that is for every Department
of the Government TO keep strictly within the lin
its prescribed for Il hy the Constitution and lawS
of tho United States Many gentlemen seem to
act as though the President, during the conhnu-
! auco of the war, could assume the euttrc war pow
cr Of the Government, and that our functions as
REPRESENTATIVES were suspended until the close OF
the war, except To act Ms mere recordng scribcS,
1 | protest against such an assumption, and against
that silence which might be Interpreted into an as
sent to it, 1t is true that the President of the nj
ted States is madc by the Constitution, Commander
in -Chicfof the Army and Navy, and in that capac-
! ity he may issue such orders tu the officers and
i men, as he may deem proper, 10 accomplish the
| military object sought by Congress when declaring
or recognizing war, but legally he eau issue such
orders for no other purpose. In addition to this
every order must be in strict conformity with those
rules and articles ot war, which have been or may
| enacted
| laws Of war as recognized by civilized nations.
/ The President can make no new rule or article o!
| war That, sir, is n prcrogatvc which belongs
| To Congress alone. The idea which wish to i'm
| press upon the minds vt gentlemen is tins, that
| Congress- hv the express terms of the Constitution
| is invested with the making power of the Ma
| ton Whatever rules and articles of war It adopts
| must be enforced Whatever 1t declares shall not
be done, act OF war, ctn not properly I've dnne.
The President, in time of war, is authorized To do
many acts by virtue ofthe power vested in him by
| the Constitution as Commander-in-Chiet,b by the
rulcs and articles of war enacted by CoegreSs and
| by the laws of war recognized by civilized nations,
| which he can not do as civil Chief Magistrate.
As n civil Chic Magistrate, he car not coniscatc
property or cmancpatc slaves by proclamation.
but in time of way. by the laws ofwhr as Comman-
| dcr-in- Chief, he may cOntscatc enemies property
| and emaucipate all slaves. lie may govern the
| country which he conquers by martial law, unul
! Congress shall otherwise direct. But have failed
! TO find any power conferred by the Constitution,
or hv the rules and articles OF war, or by the laws
of war, authorizing the Posldenttn establish with
out the direction Of Congress, civil state Govcrr-
| mcnts over conquered territory, or to rcorEannn
| new State Governments, or to prescribe what Kind
of constitutions the loyal citizens should adopt, be
fore he will recognize them as States restored to
the Union.
Ibelieve this entire power is vested by the Con
stitution in Congress, and not in the President
Congress is not only the war making, but the law
! making power of the country. In time OF war and
in time of peace, Congress must exercise llc SuN-
creign power Of the country or there is no safety
for the future of this Nation and for Republican
| institutions.
Mr.. Speaker, do not object so much to some
things which have been done, or the objects sought
to be accomplished, AS do to the manner IN Whlch
| they have been done. | do not intend. quietly, to
hermit the President, or ANY head of Department
or any General in charge OF an army, to nssum.
the legislative functions ot the Government, N
great question such rs the before us, ol the or
ranization and restoration of States to civil lilC
and power, with free constitutions can not safely
be ntrused to any power but Congress. ana
sir that is where the Constitution has placed It.
In addition to this, sir object TO any effort ut
forcstaling the action of Congress by the military
power. object to precipitatlng great civil qucs-
lions of the magnitude and Importance OF tins up
ON the people of the rebel States, before the loyal
resident citizens are prepared to meet them, ana
are properly organized to insure success. OBJ
iect to it, because whether the reconstructed State
Governments are satisfactory or not to the uncon-
dtiOual Union men of those States or OF Congress
as the representatives Of the Nation, we are placed
i'm positiol where we must either refuse to rccog-
nize the States so reorgauizcd, and recognized by
the military authorities in command, as the Con
stitutiona Governments of such States, or we mus
quietly submit to the assumption of authority by
the military power and by the Executive Depart
mcnt of the Government, which belongs alone to
Congress.
Suppose the Convention in Louisiana organize q
government obnoxious to a majority of the uncon'
dtional Union Of that State, and either refuse
10 submit the Constitution to the loyal people tol
their approval or rejection, or if it be submitted
it is submitted as the Kansas -LacomptOn Constltu
ton was submitted, and the openly diSloyal and
proslayery conservative elements, claiming to bC
loyal, are permitted to vote for 1t, thus securing
majority in its favor. II the Generalin all tho
Departments of the Government, except Congress
treat the officers Of State government thus or
ganized as the Constitutional Government, wha
Shall Congress do? Submit to it and admit the
/ g ,,l Dan. pplp
should like to ask gentlemen, il Congress should
refuse 10 admit them and refuse TO recognize TN
new government as the constitutional government
of the State whether the electoral vote OF that Stat
if sent here either under the odd State organization
or under the new one, thus constituted and rccog
nized, would by the authority Of this body b.
counted, aud tie governing power of the country
to that extent be placed in the hands OF mer
handful Of men controlling state government
which we refuse to recognize suppose, further
that all the Departments of the Government bu
this House should recognize the new organization
and that the Senate should admit its Senators
they have done in the case OF East Nlfgnla, Wllll
we refused admission to their members elected 4
this House. would the electoral vote be counted i
sent h re Would this new government be tn
Constitutional Government of the State until recog
: nized by COngress-i mean by the concurrent ac
tiOu of the Senate House, and PresidentY Gentle
men, who examine this subject, cannot fail to sc
tho complications and difficulties in which we ma
be involved unless some uniform policy rcgardlu
the reorganization of States is adopted by Cnngres
) and strictly observed by the Executive Depari
ments Of the Government.
[ The President, in his late proclamation, says
" And do further proclaim, declare and max
known, that whenever, in any OF the States OF Ar
kansas, Texas, Louisiana, Mississippi, Tenresse'
Alabama Georgia, Florida, South Carolina an
North Carolina, a number of persons not less tia
one-tenth in number of the votes cast in sue
States at the Presidential election of the year OF
Lord one thousand eight hundred and sixty, harm
t,kea tie oath aforesaid, and not having since vioa
cd it, and being qualified voters under the clectio
: law of the State, existing Immediately before th
so-called act Of secession, and excluding all 9th
ers slaH re-estaJiisl State government which sha
be republican, and nH0 ioise cOhtrdUeHlg sad Odh
shall be recognized as the true government OF til
| Si8tc."
| "Shall be recognized as the true government {
e the State" by whom? The fair Interpretation {
= the language used is that the State, when organ
IL in conformity with the provisions of the proc
> lanaton, will be recognized by the President. III
country so understands the proclamation. An
vet can speak authoritatively, when say thattl
| President does not intend to do anything of u
| kind without the concurrence of Congress. IL III
rebel States still retain their political organization
under their old Constitutions, neither the Presdei
} nor any General in command, can By proclamation
or orders change those State Constitutions.
the old State Constitutions and Governments
4 the rebel States are destroyed, then neither Il
I President nor any General under him, can, wil
: the military power establish civil State Goverr
mants with such Constitutions as they may diela
: without the consent Of Congress.
The military power and the civil power mu
not be confounded. Above all il must not h1 TO
s gott9n that Congress alone is clothed with ule va
0 power aud the civil legislative power OF the M
@ ton.