Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-06-14
RECONSTRUCTION REPORT
LcONcIUpEp Prom rEsrERDAr.l

- ~ LdI rs Lu6 0ASDOslliOn VI Inc pCOBlc Oh
the insurrectionary States, and the prob
ability of adopting measures conformin g
to the changed condition of affairs, can be
inferred from the papers submitted by the
President as the basis Of this action, the
prospects are far from encouraging. 1t
appears quite clear that the aHIi-sla very
amendments both to the State andFederal
Constitutions were adopted with reluct-
ance by the bodies which did adopt them,
while in some States the y have been either
passed by in silence or rejected. The
language of all the pr DIVISIONS or ordinan-
ces OF those States amount to nothing
more than an unwS ling admission of an
unwelcome truth. As to the ordinance
of secession, it is in some cases declared
"null and void, and in others simply IRE
Pealed;" and in no instance is a refuta-
ton of this deadly heresy considered
worthy a pl ace in the new Constitution.
Ii, as the President assumes, these insur-
%rectionary States were at the close of the
war wholly without State government, it
would seem that before admitting in the
direction of public affairs such govern
ments should be regularly organized.
Long usage has established, and numerous
statutes have pointed out, the mode in
which this should be done. A convention
to frame a form of government should be
assembled under competent authority.
Ordinarily, this authority emanates from
Congress; but, under peculiar circum-
stances, your Committee is not disposed
to criticize the Presidents action in as
suming the power exercised by him in
this regard. The convention, when as
aembled, should frame a constitution of
government, which should be submitted TO
the people for adoption. If adopted a
legislature shorld be convened to pass the
laws necessary 20 carry it into effect.
When a State thus organized claims rep
resentation in Congress, the election of
representatives should be provided for by
law, in accordance with the laws of Con-
gress regulating representation, and the
proof that the action taken has beer in
conformity 10 law, should be submitted to
Congress.
In no case have these essential prelim-
inaries been taken. The conventions as
sembled seem 20 have assumed that the
Constitution, which had been repudiated
and Overthrown was still in existence,
and operative to constitute the States
members of the Union, and TO have con-
tented themselves with such amendments
as they were informed were requisite in
order to insure them an immediate re-
turn to a participation in the Govern
ment OF the United States. Not waiting
to ascertain whether the people thus rep
resented would adopt yer the proposed
amendments, they at once ordered cleo
tions OF Representatives TO Congress, in
nearIiig ali instances before an Executive
had been chosen to issue wits of election
under the State laws, and such elections
as were held were ordered by the cOnven-
items. In one instance, at least, the writs
of election were signed by the Provis-
ional Governor. Glaring Irregularities
and unwarrantable assumptions of power
are manifest in several cases, particularly
in South Carolina, when the convention,
although disbanded by the Provisional
Governor on the ground that it was a
revolutionary body, assumed to redistrict
the State.
It's quite evident from all these facts,
and indeed from the whole mass of testi-
mony submitted by the President TO the
Senate, that, in no instance, was regard
paid TO any other consideration than OBJ
tanning immediate admission to Congress
under the barren form of an election, in
which no precautions were taken TO Sc
cure regularity of proceedings, or the as
sent Of the peaplp.
No constitution mas been legally adopted
except, perhaps, by the State of Tennes-
see, as such elections as have been held
were without authority of law. Your
Committee are accordingly forced to the
conclusion that the States referred to have
not placed themselves in condition TO
claim representation in Congress, unless
all the rules which have since the founda-
ton of the government been deemed es-
sential in such cases should be disregarded.
1t would, undoubtedly, be competent for
Congress to waive all formalities, and adj
nit the Confederate States TO representa-
ton at once, trusting that time and eTpe-
Tience would set all things right. Wheth-
er it would be advisable to do SO, however,
must depend on other considerations of
which it remains to treat. Hut it may
well be observed that the inducements to
such a step should be of the very highest
character. 1t seems not unreasonable TO
your Committee TO require satisfactory
evidence that the ordinances and constitu-
tional provisions which the President
desmed essential in the FIRST instance will
bepermanently adhered 10 by the peOpleOf
the States seeking restoration, after being
admitted to full participation of the gov
eminent, and will not be repudiated when
that object shall have been accomplished.
And here the burden of proof rests upon
the late insurgents, wha are seeking res
t~orstion to the rights and privileges which
they willingly abandoned, aud not upon
the people of the United States, who have
never undertaken, directly or indirectly,
to deprive them thereof. 1t should
appear afirmstivelythat they are prepared
and disposed in good faith to accept the
results of the war, TO abandon their hostil-
TO the government, and TO live in
peace and unity with the people Of the |
States, extending TO all classes equal |
rights and privileges conforming to the re-
publican idea OF liberty and equality. |
They should exhibit in their acts some
thing more than an unwilling submission
"a feeling, if not cheerful, certainly not
offensive and defiant and they should
an utter reputation of all hostility
10 the General Government by the accept
ance of such just aud reasonable oondi-
lions as that government should think the
public safety demands. Has this been
lone? Let us look at the facts shown by
he evidence taken by the Comm ittee.
Hardly had the wal closed before the
people Of these insurrectionary states
came forward and haughtily claimed as a
light, the privilege of participating at
)Roe in that Government which they had
or years been fighting to destroy. AL
owed and encouraged by the Executive
organize state governments, they at
,nce place in power leading rebels, unre-
and uDpsrdoned, excluding with
,ontempt those who had manifested an
attachment to the Union, and preferring, Z
n many instances, those who had rem
themselves most obnoxious. In the
ace of the law requiring an oath of office
which would necessarily exclude all such
rom Federal offices, they elect, with very
ew exceptions, as Senators and Represen-
stives to Congress, men who had actively
in the rebellion, in%sultingly
announcing the laws as unconstitutional.
t is only necessary to instance the cleo
ion to the Senate of the late Vice-Presi-
lent of the Confederacy, a man who lent
lis own declared great ability and his in
lnence as a most prominent public man
o the cause of the rebellion, and who,
I~npardoned rebel that he is, with that
ath staring him in the face, had the as
to lay his redentisls on the table
f the Senate.