The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1866-05-03
RECONSTRUCTION.
TESTIMONY OF HON. ALEX. H. STEPHENS
BEFORE THE COMMITTEE OF FIFTEEN
The Truth Plainly Told.
rContinued from our last.1


APRIL y, 1866. Examination OF
Alexander II. Stephens resumed. By
Mr.. Boutwell,:
@. Do you mean to be understood in
your answer that there is no constitu-
tional power in the government as at
present organized, to exact conditions
preccdented 20 the restoration to politi.
cal power of the eleven States that have
been in rebellion? A That is my opin-
ion.
@ Do yon entertain the same opin
ion in reference to the amendment of
the Constitution abolishing slavery ,
A. do not. | think the States have
abolished slavery in good faith as one of
the results of war their satisfaction of
the constitutional amendment followed
as a consequence. [ do not think there
is, any constitutional power on the part
of the government to have exacted it as
a condition precedent to their restora-
ton under the Constitution, or the re.
sumption of their places as members of
the Union.
Q. What, in your opinion, is the lie.
gal value of the laws passed by Congress
and approved by the President in the
absence of Senators and Representatives
from the eleven States? y. I do not
know what particular laws you refer to,
by my answer generally is that the va.
lidity of all laws depends on their con
stitutio1ality ; this is question for the
judiciary to determine, my own judg-
ment, whatever it might be, would have
to conform to the judicial determination
of the question it is a question for the
courts 20 determine.
Q. Have you formed any opinion up
on that question A. I cannot say
that l have formed any material opinion
in reference to any particular act Of
Congress embraced in the question.
.. Assume that Congress shall, al
this session, in the absence OF Senators
and Representatives from the clever
States, pass an act levying taxes upor
all the people Of the United States, in
Guiding the eleven, is ityour opinion that
such an act would be constitutional
\. [ should doubt if it would be; i
would certainly in my opinion, be mani
festly unjust aud against all ideas o
American representative government
its consututionality would, however, b
question for the judiciary to decide
and l should be willing to abide by tina
decision, whatever it might be,
) Q. If the eleven States have at pre-
sent an immediate constitutional right
be represented in Congress on fOotin
with the States at present represented
has that had a continuous right fror
the formation of the government, o
from the time of admission of the ne
States respectively, or has it been inter
rupted by war? A. [ think, as tn
Congress of the United States did nj
consent to the withdrawal of the secedin
States, it was a constitutional right, III
der the Constitution of the Unite
States, to be exercised so soon as II
seeding States respectively made the
Ia READINGS to resume their former pract
IS cal relations with the Federal Cover
ii ment under the Constitution of II
n United States. AS the general COVER
ment denied the right Of secession, l
L not think any of the States attemptiI
l. to exercise it thereby lost any Of the
rights under the constitution, as State
s. when their people abandoned that
er tempt,
Q, Is it or not your opinion that t
s Legislatures and people of the elev
States respectively have at present su
a right to elect Senators and RepresC
n. tatives to Congress that it may be c
n. ercised without regard to the part viii
persons elected may have hau in the
n. bcllion? 4. | do not think they COT
n exercise that right in the choice Of tn
ut Senators and members so as to impair
ia the slightest degree the constitution
right of each House for itself to jud
of the qualifications Of those who mie
We be chosen; the right of consttutio
election of State to choose and
w right Of each House of Congress to JUG
of the qualifications Of those elected
.ss the respective bodies are very disti
,rt and different questions, and in t
nd judging of qualifications, l am free
adult that in my opinion no one sho
;er be admitted as a member of eitI
'th House of Congress who is not really
truly loyal to the Constitution Of
m United States aud to the goyernm
established by it.
nd Q. State whether from your obser
tion the events Of the war have pro
ced any change in the public mind
al the South upon the question Of
reserved rights of the States under
Constitution of the United States?
That question | answered in part
terday while | cannot state from
sonal knowledge to what extent
. opinions of the Southern States u
the abstract question of the rcser
rights Of The States may have chang