Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-01-03
ReCOnstructiOn-Thaddeus Ste
Vens' Speech.

10 the issue, and presents IL IN tie man.
ner, not deigning to avoid terms which
men have abused by false construction;
but there are none who viii undertake to
cOntrovert his reasoning; they will have
to take the baser resort of misrepresenta
tion and epithet, and they will make some
indefnable policy the supreme law, and
principle a dangerous element.
Mr.. Stevens holds that the States dur
ing the war were in the condition of a
foreign belligerent power, and that their
relations with the Union were severed
The Supreme, Court unanimously held
the same. He holds that as the result of
the war they are conquered territory,
subject to the rule Of the Conqueror. So
the President has treated them, and so
the Southern reconstructing conventions
have recognized in their acts. And the
Supreme Court held that in this war the
rightful Government has both belligerent
and sovereign rights.
Mr.. Stephens speaks of the Confederate
States as "out of the Union" This is
term which muddles many honest heads,
and which unconVerted rebellion finds
convenient shufhing-board. The Confed-
crate Democrat, having failed to main
tanned the act of secession, afirms that 1t
was void in law, and by that he imagines
he has condoled all the crime of rebel
lion, and set aside all the consequences of
war, and that the States and people are
restored 20 their former rights and i'm
munities. 1t islike a murderer at the bar
pleading the illegality of his act as a bar
to the penalty.
| Others graYely affirm that the true the
ory is that the States were never out of
the Union, and therefore that the U. S.
Government has no more right to set
aside the Governments of the Confederate
States and to revise their Constitutions
and laws or to govern their people, than
it has those of the loyal States. On the
other hand, President johnson has over
thrown the State Governments and Con-
stitutions, appointed Provisional Govern
ors, directed the formation of new Con-
stitutions and new State Governments,
and directed these 20 enact certain laws
and to ratify certain amendments to the
Constitution of the United States, all of
which are void if these States are in the
Union, and none of which he has power
to do except as the military commander
providing temporary government for con-
quered territory until the legislative
powers shall have provided it with reg
ular government.
Thus we see the policy of the President
mind justification only in the princi-
| pies laid down by Mr.. Stevens.
What is the condition of not being "out
of the Union" which men affirm as if it
were the end of reason? What is it chat
men deny when they deny that the States
were ever out Of the Union? We doubt
if any man can tell. If they will explain
what they mean, they will find they are
affirming what nobody denies, and q
thing wholly inconsequent. Do they
mean that the States were never legally
taken out of the. Jurisdiction of the Uni
ted States? They affirm what there is no
question about. VIII they affirm that
the Confederate States did not, as politi-
cal bodies and as belligerent, resist the
jurisdiction of the United States for four
years? We presume not. Do they mean
that the war did not change the relations
of the States? Then they mean that the
State Governments which carried on the
war are the rightful governments, and
that these, which have been created un-
der the Presidents direction, are usurpa-
tiOns.
This would bring them to tangible
ground. And there Is no middle ground.
Either the State governments which Sc
ceded and maintained their independ-
ence for four years, and the Constitutions
which organised them, are now the right
full Constitutions and governments of the
late Confederate States, with succession
only provided by them, or these State
Constitutions and governments are dead,
and can be reconstructed only by the per-
mission of the United States Government.
What then becomes of the territory
and people of these defunct States The
territory remains United States territory
the same as before the war 1t is the
power and duty of the United States to
govern its people until such time as in
its dissection the reconstruction of State
governments may be permitted.
President johnson has proceeded upon
the ground that the State Governments
and Constitutions were legally dead. He
refused to ratify the Sherman treaty
which left them alive, and he appointed
Provisional Governors to administer gov
ernment by the authority of the United
States. These governments are legal un-
til Congress shall otherwise provide. The
question was brought before the Supreme
Court by cases growing out of the decis-
sions of tribunals set up by our military
authorities on the conquest of California,
and it was decided by the Supreme Court
that such governments were legal until
Congress had provided regular govern
ment.
If the State Constitutions and govern
ments retained their vitality when the
people laid down their arms, they are the
only lawful Governments, and these re-
constructed concerns are void. If the
State Governments died they can be re-
constructed only by permission of the
Government of the United States. Suf-
ficient specific authority is found in the
clauses which declare that ''the United
States shall guarantee to every State in
this Union a republican form of govern
ment," and that ''new States may be adj
mitted by the Congress into this Union"
What is the admitting of State into
the Union? 1t is permitting the people
of a certain portion of the territory with
ip the Union to form State Government i
subjected to the acceptance of the Uni
ted States. 1t does not mean that the
United States puts the territory out Of
the Union, and then takes it in again as
State. Men muddle their brains with
the term ADMISSION into the Union" as
if it was an annexation of foreign State.
If these State Governments are dead,
Congress, and Congress alone, can enable
the people to erect new, and resume the
relation of States to the Union. Congress
may waive Irregularities, and accept the
Governments that have been formed with
out its enabling act; but it is within its
discretion whether to do so, and until 1t
shall have done so, these Governments
have no legal authority.
The President, taking the ground that
the State Constitutions and Governments
are dead, has in his proceedings, cited the
clause that ''the United States shall guar
antee to every State in this Union re-
publican form of government" This was
sufficient warrant for providing Temporal
nv government where it has been over
thrown by war, until Congress could take
action in the matter; but the power and
duty conferred by this clause Of the Con-
stitution is in the Government of the
United States, which performs its duties
by laws of Congress, of which the Presi-
dent is the Executive.
That this is the legal status of the ques-
ton we presume no rational man will