The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-04-24


minion. II became for the time being a
bloody rebel military dcspotism.
When our armies entered Georgia and over
come the rebel army, then what was the eilectH
The first and immediate effect was to substi-
tute Union martial rule for rebel martial rule.
Neither the one nor the other, as we have
seen, destroyed the existence Of the State.
But Il did what war always does, more or
less, suspended for the time being the civil
laws and the functions Of civil government in
the clash Of arms. II neither suspended nor
DESTROYED the State, but il changed the ruling
power in il from the commander Of the rebel
army to the commander Of the Union army.
Just before General Sherman entered
Georgia, what was the law of Georgia. The
will Of the rebel general. Just after his sur
render, what became the law Of Georgia
them The will OF General Sherman, under
the commander-in-chief, both under the Con-
stitution Of the United States. The whole
people Of Georgia, black and white, bond
and free, became subject for the time being,
to military rule, subject to military control,
under the laws OF war. OF all governments
the military is most dcspotic. 1t is concen-
trated despotism, despotism without any
mixture. He could have wasted every field,
burned every dwelling, sacked everyi town,
pressed every man into service. lie did cap
ture and set free every slave. ] may here
say those slaves are our prisoners, captives
which we have taken from their masters; and
by the agencies Of the Freedmens Bureau,
under the War Department, we are now EN-
deavoring to make them free in fact, as well
as in right.
There was not horse or mule he could
not have taken; not u man, woman or child
he could not have sent out Of the State or
employed in any service he might have
deemed necessary or useful to put down the
rebellion, to put an end to the war which
the law of nations does not forbid.
But did General Sherman destroy or in
tend to destroy the State of Georgia? Did
the President order him to destroy ii? By
no means He went to save, not to destroy.
Did Congress direct the President to destroy
II? No. but il did direct him, in the most
solemn form, to prosecute the war TO pre-
serve Georgia as n State in the Union, with
all its dignity, equality, and rights unim-
pared" and that when that object was ac-
cOmplishcd the war ought to cease. To that
end Congress clothed the President with
greater military power than any nation has
developed in modern times. And all this
tremendous power Of the President is con-
fcrrcd by law Of Congress. Nothing, in my
judgment, can be more certain than that
Congress has by law expressly delegated to
the President the power to do all he has done
in those States, or it has imposed upon him
duties which necessarily involved or implied
all the powers he has exercised.
BY the act Of July o. 1861, the President
was authorized to accept i've hundred thou
sand volunteers for the purpose of suppress
ing Instruction, provided that the services
of the volunteers shall be for such time as
the President may direct, not exceeding three
years, nor less than six months, and they
shall be disbanded at the end Of the war. )"
Disbanded by whom? By the President.
When disbanded? At the end Of the war.
Congress by this and other acts authorizes
the President to put into the field nearly two
million soldiers to put down this rebellion; to
use every means on sea and ON land known
to civilized warfare to put an end to the war
Congress expressly directs him to disband
the volunteers at the end of the war, and by
act of July 30, 1861, to reduce the standing
army TO twenty-five thousand within one Year
after the end of the existing instruction.
and rebellion"
But what shall constitute the end of the
war? Congress- by resolution of July "a
| supremacy Of the Constitution is rc-cstab
lshed, and the Union is preserved with the
rights, equality, and dignity Of every State
unimpaired. Congress also declares that the
reduction of the standing army shall take
place within lone year after the constitu
tional authority Of the Government Of the
United States shall be rc-established, and or
gunized resistance to such authority shall nc
longer cxist"-that is, one year after the enc
of the war. 1t is not, us the Senator from
Massachusetts and my colleague seem t.
suppose, to end when those eleven Statel
shall be reduced from their position Of Statej
in the Union with their dignity, equality
and rights unimpaired," to the condition o
Territories, which are mere dependencies
with no dignity, no equality, no rights unde
the Constitution, except to be governed by
the absolute will Of Congress in which the!
have.nO representation, or to be held by til,
dcspotism Of the sword The end of the wa
was to be the suppression of the rebellion AM
the maintenance of the Union, under the
Constitution, unbrOken.
But who is to Judge when the constitutions
authority of the Government is re-estab
lished? Who is to judge when the organized
resistance to such authority has ceased
| Upon whom rests the responsibility Of decid
ing these questions? Congress eXpressl,
says the volunteers shall be employed a
long US the President shall direct; that h
shall disband them at the end of the war
and reduce the regular army one year ate
constitutional authority shall be re-estab
lished and organized resistance no longe
exist"
The President alone is made the judge o
the time when the instruction is suppresse,
and when the army shall be withdrawn. /
Is no power and no responsibility assumed
by him in derogation of law. 1t is eXpressl,
imposed upon him by Congress as a duty
Congress by law authorized and required tn
President,
First, to raise the army;
Second, to suppress the insurrectioa ALI
re-establish the supremacy of the Constitu
ton;
Third, to preserve the Union of the State
with their rights in the Union unimpaircd
Fourth, to judgo md determine when thos
ends are attaineL
Fifth after those ends shall be attained, t,
disband the army and return the soldier
once more to the pursuits of peace.
In shOr., Congress not only empowered
but required, the President to perform two
fold duty: one, to make war; and the other
IN stnn making war after its end is reached