Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-06-15
Congressional.
RncoNsrRucrIoN.

! ts.d In morning paper that it vas expected that
would present soue important and new VeHs dPon lhe
subject The views that tha present, Mr. President,
msy be i'm otant in the sense that almost any view that
any man may present who has vote 10 give on suoh
subject Is important; but that tha be able 70 say,
after six months discussion Of this subject anything
| new il more than expect.
Mr. President all the questions involved in the pro
] posed amendments TO the Constitution have been 20
e,oratey and ably discussed former occasions du-
ms me present ssaion that do not feel At liberty 70
attempt 10 argue them length aud indesil do not
nronose 10 DO more than to IN the shortest and
n.inest manner able, some Of the reasons iot my
action upon the propositions submitted TO US oy the com
mttee. ,,
State shall make enforce any law which shall aordge
the privileges or immuntes Of citizens OF the United
States" nothing beyond what was intended ~
the original provision in the Constitution, that the
citizens Of each state shall be entitled 10 all privileges
and immuniues citizens In the several states
But the radical difference In the social syAtems q me
several States snA the great extent 20 which the doc
trne Of State rf hts ate sovereignty was carried,
induesd M ainlv a. believe. by aud for the protection
Of the peculiar system Of the South led 10 practical re-
quotation of the existing poyon on THIS SUBJECT and
II vAs disregarded many Of the States State leRisa-
ton was allowed 10 oveude g. and as no express power
wa. BY the Constitution granted to Congress 20 enforce
It, II became really dead letter me great toesi aRo
political changes in the southern States wrought by the
Amendment n he Constitution aboishing slavery and
by the overthrow Of the late rebellion render eminent
" proper aud Necessary that Congress should be invest
ed with the power enforce this provision throughout
] the county and compel its observance
Now that slavery s abolished and the whole people Of
the nation stand upon the basis Of freedom It seems to
me that there can be valid reasonable objection 10
| the residue Of the Rfst proposed amendments
Nor shan any state deprive any person Of s ery or
within IL Jurisdiction the equal protection Of the law.
It's the very spirit and inspiration Of our system Of
government the absolute iounoaren upon which was
established n lis essentially declared IN the Deolara-
ton Of lndepsndncs and in all the provisions Of the
Constitution. Notwithstanding this We know that state
laws exist and Of them very recent enactment,
IN direct violation Of these principles Congress has al
ready howu its desire Al intention to uproot and de-
] all 10
what is called the civil lights I'LL. The rover Of Con
gress this been doubted and denied by persons
entitled TO gh consideration. 1t certainty seems de-
sirabe that no doubt should be left EXISTING TO the
power Of Congress enforce principles lying al the very
foundation OF all republican government II they be de-
uitd violated BY the States and canntt DOUBT but
that every Senator will joce in aiding TO Ieu owe al
doubt upon this poWtT Of Congress
The second article Of the proposed amendments in
| wolves many considerations and Opens much wider
Acid for discussion suppose il ia the purf Of the
Union Republican majority in Congress when tney shal
have agreed upon articles Of AInendmtnt 70 the Coust-
tuition to be proposed for adopt to say the south
etn States which stcootd joined the conedeTacy, and
! Waged war eanst the national Government, that as
preliminary 10 thir again becoming Aotns nt mbers Of
The stional Onion by their Senator'S and Representa-
tvss in Congress they must adopt or rauy sqeh amend
mens. Indeed of the bills reported by the commit
tee ing the posed amendments, proposes
this directly and IL Of the committees plan OF
construction II is Objected 10 he outset t. this that
the States and people who have remained loyal TO the
Government during the war for the suppression Of the
rebellion have right to fix such OF any condition
|
arms and ceased active hosuiies against The nation
and Acknowledged their allegiance aud Willingness tC
obey the national laws no reason exists WY Their re-
TesentAtivs should not be Immediately admitted to their
seats in Congress and participate in the legislation foi
the nation and that refuse this is really 20 deny TO
| those States heir proper constitutional rights.
No public or political question has ever arisen in this
country tbA has excited ingenious and earnest de-
bate than the gal political condition Of the seeded
States after the suppression Of the rebellion by the mill
tAfy power Of the nation. The discussion began long
before the ended and before there occasion for
any practical application and has continued since
do no, propose to 90 into this question Or to attempt
TO prove by aIgument that these States did did
lose forfeit their corporate existence as States by their
acts ofstosssion and rebellion that hey now in
| or out Of ihs Union lmAy say however that was
never able clearly Others could any thing
illogical nd absurd in the doctrine that these States
actually forfeited their rights States and apsed into
the condition OF Territories belonging to The Govern
ment requiring reoTe anzaon and radmssion into the
Union much as II thel had never en- ADMITTED,
Their Il secession OF couTse entirely void, and
Of themselves had effect; but when the great major
m Of the people Of these States abandoned and osWoTe
all ale lance to the Union formed themselves nto
hostile conf deraey filled cry off 'ia place in the State
With enemies OF the Union and then used ali the official
machinery Of the state, in common with the personal
hors OF the great aory Of he people ~ carrying
for years bloody against the nation It seems
almost absurd say that The nation might not II it
elected, Them having forfeited all rights be
considered existing ttatet in the Union, and ueat them
when snbdusdss 80 much unoi gained tefntory.
The difficulty lying N the way Of taking this ground
and batng the reconstruction restoration Of the seoed
ing states upon IL is that the national Government has
fufn the beginning OF down 10 the
present lime, proceeded upon the opposite theory that
Is that the St.tts tuoh still existed that the
poIate life Of State not Lost destroyed by the
pARsAse OF ordinances q secession the Of
armed hostility the maj of::y Of its cit All de-
partments on the rational Government having 80 long
acted uptn this grourd, would be EXCEEDINGLY emba'
TassIg to unsay ard undo much that been said
ana nei indeed II could hard done without great
ly sggAyAing and enhancing the difficulties with which
the sui Ject Il restoration Is nov beset Nothing short
Of absolute necessity could JUSTLY the Government
In iguuTng state existence IN the mtmbets Of the late
eoniederaoy and reducing them TO the condition
ganised territories
lie it Necessary for the protection and safety OF the al
ways 10y al part q The nation TO do this May not
without this require such guarantees and conditions Of
the teteedIg Staes, pTi,r 10 anoHing N parci-
pate IN the general dire elton Of the
ton, as in our judgment The IatonAl safety requires
by the most formal and soen acts OF gislsrOn these
States withdrew attemped TO withdraw Fl M The IA
oual Union hey atJuIed all ALE glance the national
eoveinmeh, they withdrew their senators and Repre-
senuuses nom The nat onAl IL RsatuTe they formed
themselves into stperate and hostile conedeTacy, Of
which each Of these States constituent member aud
LOT our ears as sepeTaie nation OF states and by the
individual action Of he preA, majority Of their people,
theJ made most cruel and unelenng war against the
loyal part OF the nation.
Now, uceding that all this did destroy the corp
crate existence Of each either of here States e
gal essence must be admitted hat all actual exist
oflfgal relatn or connection between those saes and
me nAu, nal Union was seytId and destroyed II can
not be claimed that while these States were acting as
States IN The confederAcl and occupying The position Of
armed aud hostile 6elgeTents toward the United State
they were the time entitled to claim aud exef-
cite the righs Of States in the Union to be
in its Legislature, and participate in its Government
We succeeded by superior physical in
throwing and crushing his hostile tontederacy, and
compelled Them 10 lay doNn their arms. Now before
these States their former places in the Unon
loyal state governments must be Instituted aud take
the place Of the disoyA that have exs ed AID then
the legal relation and connection between them aud the
General Government be restored BY some power or
department ( the General Government
Now, in what department. Of the nAtio al Government
does this power rest 10 when the people Of the
gent States have Teurnedto loyalty whether the State
governments set up Rntw really and truly loyal and
then restore the broken aud severed legal relations be-
tween them and the Union Clearly, in my judgment
II must rest in and with the law making power Of the
Government the representatives. Of the States aud tn
people the two Houses Of Congress In the progress Of
reeonsuucion restoring thee States loyalty and
their former position in the Union the executive de-
paItment Of the Government has assumed to dictate
terms and conditions TO those States which they
piled with. 1hsterms and cor ditons imposed wise
aud just IN themselves and do take upon now
10 gay that they not ghfuly sKacied by the Ex-
ecuuve Bus do say that, In my JUDGMENT. there iar
more ground OF doubt TO the Tightul pc Of the
merely executive branch Of the Government 90 this
than there is as 10 the poser of Congress the substan
tAl Law making power OF the nAoh, exact the same
or other like conditions.
IL has been said that unless these States have really
forfeited their ate existence and Of the Union
We have no more tight impose conditions 10
New York or Ohio that State cannot commit reason
or forfeit s existence by the commission Of crime But
there cannot well be State exercising and performing
its functions such without people; aud the idea Of
the existence Of State in harmony with AID yielding
loyalty 10 the Union, and the people uhAbit Il at