, 1865-12-22
THADDEUS STEVENS on RECON-
STRUCTION.
Speech by 1Ir. Stevens In tlle House Of
RepreAcutatlYetaD Dec. Is. ISii

| STRUCTION.
Speech by mr. Stevens in the House Of
Representatives, Dec. IS, 1855.
alr. STEVENS pa said: a candid examina-
tlon OF the power and proper principles Of
reconstruction can be offensive to no one, and
may possibly be profitable By exciting in
quiry. Ono Of the suggestions OF the message
which We aro now considering has special
reference to this. Perhaps it Is the principle
most interesting to tho people at this time
The President assumes What no one doubts,
that the late Rebel States have lost their con-
stitutional relations to the Union, and are
incapable Of representation in Congress, ex-
cept by permission of the Government. It
matters but little, with this admission,
and now conquered Territories, or assert that
because tho Constitution fo1blds them to do
what they did do that they are therefore only
dead as 10 all national and political action,
and Viii remain SO until the Government shall
breathe into them the breath Of life anew aud
permit them to occupy their former. position
ia other words that they are not ont OF
the Lrion, but only dead carcasses lying
within the Union. In either case Il
Is very plain TINT It requires the
State Government, and send representatives
to Congress. Nobody. believe, pEetends
that, with their old Constitutions and forms
OF government, they can be permitted to
claim their old tights under the Constitution.
They have torn their Constitutions into
Of o totally different character. Dead men
cannot laise Themselves dead States cannot
restore their own existence as 1t was. Whose
especlal duty is it to do it: In whom docs
the Constitution PLACE the power2 Not In
the judicial branch Of the Government, for it
Not In the Executive, for he ouly executes
| and cannot make laws. Not in the COM
mauder.fn-C Chief Of the armies, for he can
only hold them under military rule until the
sovereign legislative power of the conqueror
shall give them law. There Is fortunately no
difficulty In solving the question. There are
] two provisions In the Constitution under one
Of which the case must tau. The fourth artt-
cle says "new States may be admitted by tho
Congress into this Union" In my Judgment
this Is the controlling provision II this case.
Unless the law of nations Is dead letter, the
late war between two acknowledged belliger-
ents, severed their original co1npacts, and
broke all ties that bound them together.
The future condition Of the conquered power
depends on the will Of the conqneror. They
qucred provinces. Congress the Senate and
House Of Representatives-with the CONCUR
renee Of the President, Is the only power on
earth that can act Oh the matter. But sup
pose, as some dreaming theorists imagine,
that these States have never been ont OF the
I NAAV03 AA* A+AFV NAAF AG1AOYGA GACA4 044kN
Governments, so as to be incapable Of polit-
fcal nctlon, then the fourth section Of the
| fourth article applies, which says "tha United
States shall guarantee to every Slate in tho
| Union republican form Of Government"
Who Is the United States Not the judiciary,
nor the President but the sovereign power
| of the people exercised through their repre-
! scntatives In Congress, with the concur.
renee Of the Executive. It means tho political
government, the concurrent action Of both
hr1y, nh ooff $hn r f1I.n
| separate action Of each amounts to nothing,
l either In admitting new States or guarantee
Ing Republican Governments TO lop5ed or ont
lawed States. Whence springs the pteposter-
Gus Idea that either the President, or the
Senate, or the House Of Representatives, act
lug separately, can determine the right Of
States t. send members or Senators TO tho
Congress OF the Union? To prove that they
are and have been out of the Union for all
legal purposes, and are now conquered SUBJ
viii suggest d few ideas and adduce few
authorities. If the so-eal1ed Confederate
States of America were an independent bel
lEerent, and were 80 acknowledged BY tho
United States and BY Europe, or had assumed
| and maintained m attitude which entitled
them to be considered and treated a. a bel-
ligerent, then during such time they were
precisely In the condition Of q foEclgn nation
with whom we were at WaT, nor need thcir
independence as nation be acknowledged by
Afr. STEVENS then quoted from Mr.. Justice
Grier IN the prize cases all the law On these
point After such clear and repeated de-
cisions, be said, 1t Is something worse than
ridiculous to hear men of respectable stand
ing attempting to nullify the law of natlous,
States IN error, because as the Constitution |
forbids 1t, the states could not 20 out Of the
Union dc 5aeto- After proceeding further in
bis argument, be remarked, It Is obvious that
the first duty Of Congress is to pass a law de- !
elafing the condition Of these outside or de-
funct States, and providing proper civil gov
eminent for them. Since the conquest they
have been governed by martial law. Military
rule Is necessarily despotic, md ought not to |
exist longer than Is absolutely necessary. As
these provinces will be prepared to partici.
pate il Q Constitutional Government for some |
years, I know ofno arrangement SO proper for |
them as Territorial Governments. There |
they eau learn the principles Of freedom,
and eat the fruit OF fonI rebellion
ing members Of the Territorial LegtslatusNs !
they viii necessarily mingle with those to
whom Congress shall extend the right OF sur
ftaec. In The Territories, Congress fixes tho
better place or better occasion for the con-
quered rebels and the conquerOr to practise
Justice to all men, and nccustom themselves
to make and to obey MI lawg. As to these
famed rebels, they cnnuot at their option re-
nor the garden Of Eden which they hare
deserted, us flaming swords n1e set at the
gntes to secure their exclusion. It becomes
important to the nation to inquire when the |
doors shall be reopeucd for their admission. |
to be recognized rs capable Of acting in the |
Union or being. counted as valid States,
until the Constitution shall have been so !
amended as to mike It what It's
famers intended, so ns to secure q /
perpetual aseendency to the party Of the
ernment firm md stable forever. The first Of |
these amendments Is to change the basis Of |
membership to actunl voters. Now all the
colored freemeu In the slave States and three |
hiths OF the slaves we're represented, though
none Of them have votes. The rebel States
the slaves are now free, then they can add for |
the other txo-ttths, 13 more, making the
slave representation 81. I suppose the free
blacks IN those States will give at least five
more, making the representation Of non
number OF representatives now from the slave |
States is 20; add the other two -hfths, and it |
will be IS.
If the amendment prevails, and those States
Withhold the right Of suffrage from persons
but As. With the apportfonment unchanged,
the S3 Southern members, with the Democrats
that will in the best times be elected from the
North, will always give them majority in
Congress and in the Electoral College. They
will at the very first election take possession
OF the White House and the balls OF Congress.
I need not depict the ruin that would follow.
The assumption Of the rebel debt or repudia-
tion OF the Federal debt would be sure 10 fol-
low. The oppression of the freedmen, the
reamendmcnt Of the State Constitutions, and
re-establishment Of slavery would be tho in
critablc result. That they would scorn and |
disregard their present Constitutions, forced |
upon them In the midst Of martial Law, would |
bc both natural and Just. No one that has |
look upon these governments forced upon !
should grant the right Of suffrage to persons
Of color. think there would always y,sI o9
Union white men enough IN the Soutn, aar"
by the blacks. to divide tho representation
and thus continue tho Republican ascen.oeIisg ais
If they should refuse thus to alter theH s4' G
lion laws It would reduce the Represcnttass
Of The late Slave States to nbous n 10 ~,
md render them powez1ess fos esM. t ~
n1oin that the nrnepdment muss o0 soHsui4aE
r. hsfoTr the defunct States afe aomaLted 70
81 81 .nhIa ~ state action, or 1t never can be-
~ " sapap. pesa.see7 amendment to allow Congress
tnE p'op11t = p1+tg IN exports Is precisely In the
o ~ 1nS s,tration. It's Importance cannot we'll
suinS 81. nrarstafed. It Is very obvious that for
!,sser pe rears the South will not pay much un-
thauy dnr 9nr internal revenue laws. The only a1-
sTcIa IN which VIC can rinse any considerable |
nmnunt is cotton. Il will bo grown
iarrely at once. With ten cents per pound
EXPORT duty it would be furnished cheaper to |