Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-06-20

oy their Ssnators and Representatives in Con
gress they must adopt or ratify such amend
ments. Indeed, one of the bills reported ,,
the committee, accompanying the proposed
amendments, proposes this directly, and il
a part of the committees plan o, reconstruc
tion.
1t is objected in the outset to this that tn,
States and people who have remained loyal tC
the Government during the war for the sup
preston OF the rebellion have no right to aft
such or any condition whatever to their return
har, having laid down their arms and ceased
active hostili;ies against the nationand ackn owl
edged their allegiance and willingness to ODE,
the national laws, no reason exists why theil
representatives should not be immediatly admit.
ed TO their seats in Congress and participate in
the Legislation for the nation and that 10 re-
fuse this is really to deny to those States their
proper constitutional rights.
No public or political question has ever arisen
in this country that has excited more ingenious
and earnest debate than the Legal and politica
condition of tbe seeded States after the sup
preston OF the rebellion by the military power
Of the nation. The discussion began long be-
fore the ended and before there was occa-
sion for any practical application, and it has
continued ever since. l do not purpose to g.
INTO this question or 10 attempt to prove by ar
gumeut that these States did ur did not lose or
tHtu existence AS states Dy
| their acts Of secession and rebellion, or that
| they now in out OF the Union [ NAV
say, however, that was never able to see as
clearly as others could anything so illogical and
absurd IN tue doctrine that these States actually
forfeited their rights States, aud lapsed into
| the condition of Territories belonging to the
Government, requiring reorganization and re-
admission into the Union az much as if ttey
had never been admitted.
Their acts of secession were of course entire
y void, and Of themselves had no effect bu,
when the great maj orlty Of the people of the t
States abandoned and foreswore all allegiance
20 the Union, formed them selves into a hostile
confederacy filed every official place in the
State with enemies OF the Union. and then used
all the official machinery OF the State, in com
IN On with the personal efforts Of the great ma
Jority of the people, In carrying on for years II
oloodysuar against the n ltnn,it seems 10 me a.
most absurd to say that the nation might not,
II II so eli cted, treat them having forfeited
all rights to he considered existing between
States IN the Union, and treat them when sub
dued so much unorganized territory.
Inc difficulty now lying in the WAY OF taking
this ground and basng the reconstruction on
restoration OF the seeding States upon il j.,
that the naio al Government has hitherto, from
The beginning of the rebellion down 10 ,ae
DRY that Is, that the States, as such, still tx-
isted THAI the corporal lite of State W siur
lost or destroyed 10y the passage Of ordinances
OF secession or the prosecution of armed hos-i.-
Iy by the majority OF lis citizens.
All apartments OF the national Governmcut
having tor So long acted upon this ground H.
would )e exceedingly embarrassing 10 unsa sav
and undo so much that has been SAID ana
done {; indeed IL could hardly be done with ut
greatly aggravating aud enhancing the dittcui-
ties with which the subject ofrestoratIou = t.ow
beset. Nothing short OF absolute necessity could
now justify the Government il ignoring Slate
existeuce IN the me m0ers OF the late coufedel-
acy and reducing them 10 The condition OF Tn
or. xed territories.
l. it necessary for the protection and safety
of the always loyal part OF the nation TO 90
this May We not without this require such
guarantees aud conditions from the secedlus
States, prior 70 allowing them to participate u
he general direction and government of IT,.
nation, as IN our judgment the national safety
requires
BY the most formal and solemn acts OF legis-
lation these States withdrew or att, mptsd
70 vi hGraw from the national Union 4; hey al
Jured all ltgi4nce to The national Govern
meut they withdrew the.r Senators and Rep
resentatives from the ma Ional Legislature
they formed themselves into a separate and
hostile cOnfeder4Cy, OF which each of these
States was constituent memoer and tor
four years, as a separate nation OF States, and
by The IN .iydual acfIon OF ths great maj rity
of their people, they made most cruel ana
unrelenting war against the loyal part OF tn
nation.
Now, concedng that ali TINS did not destroy
The corporate existence OF each or FL her OF
hese States legal essence, it must be ad-
sd taf .li Of
ton or connection between those States and
he national Union was severed and de,troy ed
1t cannot be claimed that while these States
were acting as States in the confederacy and oc
cupying toe position OF armed ana hostile bel
ngerenls toward the United States they were al
the same time entitled To claim and exercise the
rights OF States IN the Union 10 be represent
ed 10 It's Legislature, and participate in its Coz
ernment. We succeeded 10y superior physi-
cal power IN oyerthrowlng and Gushing this
hostile confederacy, and compelled them 10 lay
down their arms.
Now. before these States can resume their
former places in the Union loyal State govern
ments must be instituted and take the place OF
The disloyaI ones that have existed, and then
the Legal relation and connection between them
and the General Government must be restored
10y some power or department of the General
Governmenl.
Now, III what department OF he national
Government does this power rest 10 say when
The people Of the insurgent States have return
ed TO loyalty, whether the State Governments
set up anew are really and truly loyal, and then
10 Restore the broken AID severed legal relations
between them and the Union Clearly, IN my
Judgment, il must rest IN and with toe law
making power OF the Government, the repre-
sentatives OF tie States and tie people, the two
Houses of Congress
In the progress OF TecGustruc,ing ~ restoring
these States to loyalty and their former position
in the Union. the executive department of the
Government has assumed to dictate terms and
conditions 10 those States, which they complied |
with. The terms and conditions i'm posed were
wise and Just in themselves, and do not take
it upon me now To say they were not righlfully |
exacted by the Executive But | do say that, |
10 my judgment. there is far more ground of
doubt to the righttul power of the merely |
executive branch of the Government TO do |
this than there is as To the power of Con |
yress, the substantial awmaking po ,er of the |
nation, 10 exact the same or other like cond. |
lions.
1t has been said that unless these States |
have really forfeit ed their State existence and |
are out OF the Union, we have no more right to |
Exact impose conditions to their return than |
We have to impose similar terms upon New |
ork or Ohio that State cannot commit |
reason or forfeit its existence by the commits
sion OF crime. But there cannot we'll be |
State, exercising and performing its functions as
'cch, without people I'd the idea of the ex-
stence of State in harmony with and vie ding |
oyalty to the Union, and the people who in
habit it at the same time armed and hostile |
rebels, is Certainly anomaly.
Now, the people of these States are the same |
who have been rebels, the same with whom We |
nave been at war for years, and from whom we |