Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-06-14

the essential inquiry Is whether there Is
In any one of them q constituency quali-
fed to be represented in Congress. The
question how farpersons claiming seats in
either House possess the credentials nee
essary to represent a duly qualified
constituency, is one for the consideration
OF each House separately, after the pre-
llminary question shall lave been finally
determined.
We now propose to restate as briefly as
possible the general facts and principles
applicable TO the States recently in rebel
lion.
lst. The seats of the Senators and Re-
personalities from the so-called Confed-
crate States became vacant in the year
1861, during the second session of the
AAAVlth Congress, by the voluntary
withdrawal of their incumbents with the
sanction and by the direction of the legis-
latures or conventions of their respective
States. This was done as q hostile act
against the Constitution and Government
of the United States, with a declared in
tent to overthrow the same by forming a
Southern Confederation. This act of de-
clared hostility was speedily followed by
an organization of the same States into a
~confederaey which lived and waged war
by sea and land, against the United States.
This war continued more than four years,
within which time the rebel armies besieg-
ed the National Capital, invaded the loyal
States, burned their towns and cities, rob
bed their citizens, destroyed more than
259,000 loyal soldiers, and imposed an in
creased national burden of not less than
50, SOC, 600, 600, of which seven or eight
hundred millions nave already been met
and paid. From the timethese Confeder-
ate States thus withdrew their representa-
ton in Congress and levied war on the
United States, the great mass of their peo-
pie became and were insurgents, rebels,
traitors and all Of them occupied the
political, legal, and practical relation Of
enemies Of the United States. This posi-
ton is establishedby acts of Congress and
Judicial decisions, and is recognized re-
peatedly by the President in public pro-
CARNATIONS, documents and speeches.
End: The States nus confederated
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 pris-
Oners or put TO fight, every vestige of
State and Confederate Government OBJ
liberated, their territory overrun and Oc-
cupied by the Federal armies, and their
people reduced to thecOnditiOn Of enemies
conquered in war, entitled only, by public
law, to such rights, privileges and condi-
tions as might be vouchsafed by the con-
| queror. This position also is established
by Judicial decisions, and is recognized ms
sound by the President in public procla-
nations, documents, and speeches,
3rd: Having voluntarily deprived
themselves Of representation in Congress,
for the criminal purpose Of destroying |
the Federal Unian, and having reduced
themselves, III the act of leVying war, TO
the condition Of public enemies, they have
no right To complain of temporary exelu-
sion from Congress but, ON the contrary,
having voluntarily renowned the right
to representation, and DISC allied them
selves by crime from participating in the
Government the burden now rests upon
them, before claiming 20 be reinstated
in their former condition, TO show that
they are qualified to resume Federal re-
lations. In order TO do this, they must
prove that they have established, with
The consent of the people, republican
forms Of government in harmQpY with
the Constitution a4d laws Of the United
States, that ell hostile purposes have
ceased, and should give adequate gUaran=
ties against future treason and rebellion;
guarantees which shall prove satisfactory
"a the Government against which they re-
belled, and by whose arms they were sub
dued.
4th. Having by this reasonable with
drawsl from Congress, and by fragrant
rebellion and crime forfeited I'll civil and
political rights ard privileges under the
Federal COnse!tuti9n, they can only be
restored thereto by the permission and aV-
thority Of that constitutional power
| against which they rebelled, and by which
they were subdued.
9Th. These rahellious armies were conquer
ed bythepeople ofthe United States, acting
through all the coordinate branches Of
the government and not by The Executive
Department alone. The powers of Con-
gress are not so vested in the President
that he can fix and regulate the terms Of
settlement and confer Congressional rep
resentation upon conquered rebels and
traitors, nor can he in any way cualiiy
enemies OF the ~goYeFpE,eRt 20 exercise its
law=maKing powers. The authority 10
restore rebels to political power in the
Federal Government can be exercised
only with the concurrence OF all the De-
partments in which political power -
vested, and hence the several ptoelama-
tiOns Of the President TO the people of the |
Confederate States cannot be considered
declared, and can only be regarded as pro-
v~isianal peFmissions by the Commander
in-Chief of the army TO do certain acts, the
effect and validity whereof is to be deter
mined by the Constitutional Government,
and not solely by the Executive power.
9th. Thequestion before Congress is then,
Whether conquered enemies havethe right,
and shall be permitted at theig sga pleas
ure and own tarms, to partioipatein making
laws for their c%0nqHerors Whether
conquered Rebels may change their thea
ter Of operations from the battle-delda,
where they were defeated and overthrown,
to the halls of Congress, and their repre-
sentatives seize upon the Government,
which they fought TO destroy? Whether
the National Treasury, the army Of tAa
nation, its navy, its IoFts and aFsenals, its
whole civil administration, its credit, lis
pensioners, its widows and orphans of
those who persisted in the war; the public
honor, peace and safety, shall all BIO
turned out to the keeping of its recent en-
emies, without delay, and without requir-
ing such conditions as in the opinion of /
Congress the security of country and its c
institutions may demand2 :
18th. The history ef msnEind exhibits :
no example of such madness and folly. Q
The instinct Of selEpreservation protests !
against it. The surrender by General !
Grant to Lee, and by General Sherman to
Johnston, would have been disasters OF 7
less magnitude, for new armies could
have been raised, battles fought and the I
Government saved. The anti-coerciye
policy, under pretext of avoiding blood 4
shed, allowed the rebellion 10 take form !.
and gather force; but it wonld be sur c
passed in infsmy by the matehless wick y
edness that would surrender the halls of :
Congress to those so lately in rebellion, e
until proper precautions shall have heen :
taken to secure the National faith and the :
National safety. Il
9Th. As has been shown in this report 0
and in the evidence submitted, no proof ri
has been afforded TO Congress; Of a constit- :
uency in any one Of the so-called Con-
States, unless we except the State
of Tennessee, qualified to elect Senators r
and Representatives in Congress. No
State constitution or amendment to a
State constitution has had the sanction of
~