The tri-weekly standard., 1866-06-12

in admitting such communities to partici
patton in the government of the country
without first providing such constitutional
or other guarantees as will aid to secure the
civil rights of all citizens of the republic; q
just equality of representation protection
against claims founded in rebellion and
crimes a temporary restriction of the right
of suffrage to those who have not actively
participated in the effort to destroy the Union
and overthrow the Government and the ex-
clusion from positions of public trust of at
least portion of those whose crimes have
proved them to be enemies to the Union and
unworthy of public confidence.
Your committee will, perhaps, hardly be
deemed excusable for extending this report
further; but, inasmuch as immediate and
unconditional representation of the States
lately in rebellion is demanded as matter
OF right, and delay and even hesitation, de-
nounced as grossly oppressive and unjust as
well as unwise and impolitic, it may not be
amlss again to call attention to few undis-
puted facts and the principles of public law
applicable thereto, in order that the propriety
OF that claim may be fully considered and
well understood
The State of Tennessee occupied posi-
tion distinct from all the other iIsurrection-
airy States, and has been the subject Of a
separate report, which your committee have
not thought it expedient to disturb. Wheth-
er Congress shall see fit to make that State
the subject of separate action or to include
1T IN the same category with all others, so
far as concerns the imposition of preliminary
conditions it is not within the province of
this committee either to determine or advise.
To ascertain whether any of tie so-called
| Confederate States ARE entitled to be rep
resented in either house of Congress" the es-
| sentlal inquiry is whether there is in any one
OF them constituency qualified to be repre-
sented in Congress. The question how far
persons claiming seats in either house pos
sess the credentials necessary to enable them
to represent duly qualified constituency is
one for the consideration of each house sep
arately, after the preliminary question shall
have been finally determined.
We now propose to restate as briefly as
possible the great facts and principles appli-
cable to all the States recently in rebellion.
First. The seats of the Senators and Rep
resentatives from the so-called Confederate
States became vacant in the year 1861, du-
ring the second session of the Thirty-Sixth
Congress, by the voluntary withdrawal of
their incumbents with the sanction and by
the direction of the Legislatures or conven-
tions of their respective States. This was
done as hostile act against the Constitution
and Government of the United States, with
declared intent to overthrow the same by
forming Southern confederation. This act
by an organization of the same States into a
confederacy, which levied and waged war by
sea and land against the United States. This
war continued more than four years, within
which period the rebel armies besieged the
national capital, invaded the loyal States,
burned their towns and cities, robbed their
citizens, destroyed more than 100000 loyal
soldiers, and imposed an increased national
burden of not less than $500, ,00O, 900, of
which seven or eight hundred millions have
already been met and paid. From the time
these contederated States thus withdrew from
their representation in Congress and levied
war against the United States the great mass
of their people became and were insurgents.
rebels, traitors, and all of them assumed and
occupied the political, legal, and practical
relation of enemies of the Uuited States
This position is established by acts of Con-
gress and judicial decisions and is recogni-
zed repeatedly by the President in public
proclamations documents, and speeches.
Second. The States thus confetlerated
prosecuted their war against the United
States to final arbitrament and did not cease
until all their armies were captured, their
military power destroyed, their civil officers
State and confederate-taken prisoners or
put to flight, every vestige of State and Con-
tederate government obliterated. their terri
tory overrun and occupied by the Federal
armies, and their people reduced to the con-
dltlOn of enemies conquered in war, entitled |
only by public law to such rights, privileges,
and conditions as might be vouchsafed bv |
the conIueror. This position is also estab- |
lished by judicial decisions, and is recognized |
by the president in public procamations, |
documents, and speeches.
Third. Having voluntarily deprived them
selves of representation in Congress. for the
criminal purpose of destroying the Federal
Union, and having reduced themselves by |
the act of levying war, to the condition of
public enemies, they have no right to COM
plain of temporary exclusion from Congress,
but, on the contrary, having voluntarily re
their right to representation, and
disqualified themselves by crime from parti-
cipating in the Government the burden now
rests upon them, before claiming to be rein
stated in their former condition. to show
hat they are qualified to resume Federal re-
ations. In order to do this they must prove
hat they have established, with the consent
If the people, republican forms of govern
nent in harmony with the Constitution and
avs of the United States, that al hostile
have ceased, and should give ade-
Iuate guarantees against future treason and
ebellion-guarantees which will prove salts
actory to the Government against which
hey rebelled, and by whose arms they were
ubdued.
Fourth Having, by this reasonable with
travail from congress ana Dy HaSrant rebel
ion and war, forfeited all civil and political
lights and privileges under the Federal Con-
titution, they can only be restored thereto !
~ the permission and authority of that con-
power against which they rebell- |
d, and by which they were subdued. D.,
Fifth. These rebellious enemies were con-
Iuered by the people of the United States,
citing through all the coordinate branches
# the Government, and not by the Executive !
department alone The powers of conqueror !
re not so vested in the President that he can
* and regulate the terms of settlement and a
onfer congressional representation upon con- r
uered rebels and traitors. Nor can he in q
ny way qualify enemies of the Government s
D exercise its law-making power. The au-
hority to restore rebels to political power in f
he Federal Government, can be exercised L
My with the concurrence of all the depart f
lents in which political power is vested
md hence the several proclamations of the
resident to the people IF the Confederate
tates cannot be considered as extending be- I
ond the purposes declared, and can only be Q
egarded as provisional permission by the $
n