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

selves justified in repudiating altogether ali
such unauthorized assumptions OF power, ano
might be expected to do SO at pleasure.
So far as the disposition of the people Of
the insurrectionary States and the probab1ll
ty of their adopting measures conforming to
the changed condition of affairs can be IN
ferred from the papers submitted by the
President as the basis of his action, the pros
poets are far from encouraging. 1t appears
quite clear that the anti-slavery amendments
both to the State and federal Constitutions
were adopted with reluctance by the bodies
which did adopt them and in some States
they have been either passed by in silence or
rejected. The language OF all the provisions
and ordinances of the States on the subject
amounts to nothing more than an unwilling
admission of an unwecome truth. AS to the
ordinance of secession, it is in some cases de-
clared "null and void" and in Others sim
ply " repealed" and in no instance is refu-
tation OF this deadly heresy considered wor-
thy of place in the new constitutions.
If, as the President assumes, these lnsur-
rentionary States were at the close of the war
wholly without State governments, it would
seem that before being admitted to partlcl-
pate in the direction of public affairs such
governments 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
the peculiar circumstances your committee is
not disposed to criticize the Presidents ac-
ton in assuming the power exercised by him
in this regard. The convention, when as
sembled, should frame constitution of gov
ernment, which should be submitted to the
people for adoption. If adopted, a Legisla-
ture should be convened to pass the laws
necessary to carry it into effect. When a
State thus organized claims representation in
Congress, the election of representatives
should be provided for by law in accordance
with the laws of Congress regulating repre-
sentation, and the proof that the action taken
has been in conformity to law should be sub
mitted to Congress
In no case have these essential preliminary
steps been taken. The Conventions assem-
bled seem to have assumed that the Consti-
tuition which had been repudiated and over
thrown was still in existence and operative
to constitute the States members of the
Union, and to have contented themselves
with such amendments as they were informed
were requisite in order to insure their return
to an immediate participation in the govern
ment of the United States Not waiting to
ascertain whether the people they represent
ed would adopt even the proposed amend
ments, they at once called elections of Rep
resentatlves to Congress in nearly all instan-
ceS before an Executive had been chosen to
issue certificates of election under State laws
and such elections as were held were ordered
by the Conventions. In one instance at least
the writs of election were signed by the
Provisional Governor. Glariug irregulari-
ties and unwarranted assumptions of power
are manifest in several cases, particularly in
South Carolina, where the Convention, al
though disbanded by the Provisional Gov
ernor, on the ground that it was a revolu-
tionary body, assumed to district the State
1t is quite evident from all these facts, and
indeed from the whole mass of testimony
submitted by the President to the Senate,
that In no instance was regard paid 70 any
other consideration than obtaining immedi-
ate admission to Congress, under the barren
form of an election, in which no precautions
were taken to secure regularity of proceed
lngs or the assent of the people. No Con-
stitution has been legally adopted, except. ,
perhaps, in the State of Tennessee, and such
elections as have been held were without
authority of law. Your committee are ac- |
cordlngly 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 foundation of the Government,
been deemed essential in such cases should !
be disregarCled.
1t would undoubtedly be competent for
Congress to waive all. formalities to admit
these Confederate States to representation at
once trusting that time and experience will
set all things right. Whether it would be
to do so, however, must depend
upon other considerations, of which it means
to treat But it may well be observed that
the Inducements to such a step should be of
the very highest character. 1t seems to YOUR
committee not unreasonable to require salts
factory evidence that the ordinances and
provisions which the Prcsi-
ent deems essential in the first instance will
De permanently adhered to by the people of
the States seeking restoration after being
admitted to full participation in the gov
ernment, and will not be repudiated when
that object shall have been accomplished.-
And here the burden of proof rests upon the
ate insurgents, who are seeking restoration
10 the rights and privileges which they will
lnSly abandoned, and not upon the people
ot the United States, who have never under
aiken directly or Indirectly to deprive them
hereof. 1t should appear affirmatively that
hey are prepared and disposed in good faith
o accept the results of the war, to abandon
heir hostility to the government, and to
i've IN peace and unity with the people of
he loyal States, extending to all classes Of
citizens civil rights and privileges, and con-
ormlng to the republican idea of liberty and
'quality. They should exhibit in their acts
omethlng more than unwilling submission I
o an unayoidable necessity; feeling, if not {
cheerful, certainly not offensive and defiant. {
md they should evince an entire reputation I
II all hostility to the General Government ]
" an acceptance of such just and favorable t
onditions as that government should think I
he public safety demands Has this been {
lone9 Let us look at the facts shown bv +
ne evidence taken by the committee t
Hardly had the war closed before the peo r
lie OF these insurrectionary States come for /
'ard and haughtily claim, as right, the r
rlvilege of participating at once in that I
overnment which they had for four Years v
cen fighting to overthrow Allowed and T
ncouraged by the Executive to organize i
tate governments, they at once place in f
over leading rebels, unrepentant and un- Fl
ardoned, excluding with contempt those a
ho had manifested an attachment to the f
MON, and preferring in many instances, n
lose who had rendered themselves the most n
onoxlous. In the face of the law requiring e
oath Which would necessarily exclude all II
!, zen men from Federal office, they elect
18th very few exceptions, as Senators and a
taf i,,T |