Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-02-21

4
Mr..Stevens. If the gentleman iron
Ohio Mr.. Garfield will permit me, wi
ask him question. Some of the angel
undertook to dethrone the Almighty, bu
they could not do it. And they wer
turned out of heaven because they wer
unable 20 break its laws. Are those dey
ilish angels in or out of heaven. Laugh
| ter
Mr.. Garfield. thank the gentleman
from Pennsylvania Mr.. Stevens for hi
interruption. The angels that kept no
their faith in their first estate Wha
was their fate? 1t was the Almighty VIII
opened the shining gates of heaven an,
hurled them down to eternal ruin. The
did not go without his permission AM
help. And if these sta tes are out of tn
Union it must be because the soVerei q
people of the Union hurled them out :
because they pleased to let them 90.
am glad the gentleman interrupted me
1t happily illustrates my position.
will not discuss what we might d.
with Alabama, but simply what Alabami
herself was able to do, and what she wa
not able to do, toward breaking up tn,
Union. Two years ago, when l had the
honor for the first time to address thi
House, the same question that is now be
fore US was under discussion. 1 main
tanned then, as hold to-day, that TIM
States were not, in any legitimate sens
of the words, out of the Union. l theI
declared, as l declare now, that by theil
own acts of rebellion and treason, they
had forfeited all their rights in the Un.
ion, but they had released themselves
from none of their obligations. 1t rests
with the people of the republic to en-,
force the performance of these obliga
tions, and, so soon as the national safety
will permit, re tore them to their rights
l agree with my distinguished col
league, Mr.. BinghamI that for Fedora
purposes the rebel States are in the I'm
ion, but, if the expression be allowable
they are out of the Union for State anC
municipal purposes.
Mr.. Bingham. L beg to correct the
gentleman l never used the expression
that they were States out of the Un
ion," but that, by reason of the rebellion,
they had ceased to be States, for munich
pal purposes, in the Union.
Mr.. Garfield. OF course l desire tC
quote my colleague correctly, for I agree
with him and quoted him to strengthen
my position, that the rebel States have
not severed the Federal bond, but
have utterly demolished their municipal
governments.
Now, let US inquire how the surrender
of the military power of the rebellion af
fected the legal condition of those States.
When the rebellion collapsed, and the
last armed man of the confederacy sur
to our forces, affirm that there
was not in one of those States a single
government that we did or could reeog-
nize as authorized to exercise any official
function whatever. They had formed a
government alien and hostile to the I'm
ion. Not only had their officers taken
no oaths to support the Constitution of
the United States, but they had heaped
oath upon oath to destroy it.
go further. hold that there were in
those States no constitution of any bind
ing force or effect; none that we could
recognize. A Constitution, in this case,
can mean nothing less than a constitu-
ton of government. A constitution must
constitute something or it is no constitu-
ton. When we speak of the constitu-
lion of Alabama, we mean the constitu-
tion of the government of Alabama
When the rebels surrendered, there re-
NAMED no constitution in Alabama,
because there remained no government.
Those States reverted into our hands by
victorious war, with every municipal
right and every municipal authority ut
.erly and completely swept away. Whose
lutY was it to assume the control of them
lnder such circumstances?
Mr.. Garfield then proceeded to quote
military law as applied to the conquered
territory of the South, and continued:
From these authorities and from the
acts in the case it is evident:
l. That by conquest the United States
obtained complete control of the rebel
erritory.
2. That every vestige of municipal au-
hority in those States was, by secession,
and the conquest of rebellion,
Utterly destroyed.
3. That the state of war did not ter
innate with the actual cessation hostili-
les, but that under the laws of war it
vas the duty of the President, as Com
to establish governments
'ver the conquered people of the insur-
rent States, which governments, no mat
er what their form, are really military
governments, deriving their sole power
rom the President.
4. That the governments thus estab-
ished are valid while the state of war
ontinues and until Congress acts in the
ase.
5. That it belongs exclusively to the
legislative authority of the Government
o determine the political status of the
States, either by adopting the
overnments the President has establish
d, or by permitting the people to form
thers, subject to the approval of Con-
ress.
The President might have sent major
eneral or any other military officer to
overn each one of the rebel States. But
e chose to consult the people and allow
hem to adopt form of government so
early resembling civil government that
hey might the more easily come back to |
heir places by and by. But it was none
he less military government for that
eason. On sny other ground the whole
purse of the President would have been |
q unwarrantable usurpatioh.
Now, holding first that the President
as full authority in this matter, 1 ask
ow long does his authority last? 1t is
early settled by the authorities to which
have referred that his authority lasts
ntil Congress speaks. So long as Con-
ress is silent, the governments estab-
shed by the President will remain.
1t is now time, Mr.. Speaker, that Con-
ress should make its declaration of pol
y and principle in reference TO these
1vernments.
Let US nor quarrel with the past. Let
) not endanger the future because the
residents policy in the past has not
cen all that we could desire. In one i'm
ortant particular 1 wish it had been diff
rent. When he appealed to the people
the South to cooperate with him in
his military governments, l
eatly regret that he did not appeal to
| the loyal people. regret he did not
cognize the rights and consult the
ishes of the loyal Millions who were
ade free and made citizens by the events
the war.
But let that pass. What he did he had
right to do; what remains to be done is
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