Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-13

Of declared hostility was speedily followed
by an organization Of the same States into a
conlederacv which lived and waged war. b,
sea and land, against the United States
This wa3 continued more than four years
within which period the rebel armies be
sciged the national capital invaded the loyal
Strtes, burned their towns and cities, robbed
their citizens, DESTROYED more than 2J0,00(
loyal soldiers and imposed an increased ma
uoual burden ofnOt less than 81, SOC. 600, 600 OF
which seven or eight hundred millions have
already been met and paid. From the time
these Confederate States thus Withdrew from
their representation in Congress and levied
war against the United States the great mass
of their people became and were insurgents
traitors and all of them assumed and Oc-
cupicd the political, legal and practical re-
latiOn Of enemies of the United States
This position is established by acts Of Con-
grcss and judicial decisions, and is recog-
nized repeatedly by the President in pub
lie proclamations, documents and speeches.
Second. The States thus confederated
prosecuted their war against the United
States 10 final arbitrament and did not cease
until all their armies were captured their
military power destroyed their civil officers,
State and Confederate, taken prisoners and
put 10 flight, every vestige of State and Con-
icderate Government obliterated their ter
ritory overrun ana occupied by the Federal
armies, and their people reduced to the con-
dition Of enemies conquered in war, entitled
only by public law TO such rights privileges
and conditions rs might be vouchsafed by
the conqueror. This position is also estab-
lish,d by judicial decisions, and is rccog-
nizcd by the President in public proclama-
tons documents, and speeches.
Third. Having voluntarily deprived them
selves Of representation in Congress for the
criminal purpose Of destroying the Federal
Union, and having reduced themselves by
fle act Of lcvying war 10 the condition of
public enemies, they have no right 10 COM
plain of temporary exclusion from Congress;
but, on the contrary, having voluntarily re
nounced their right TO representation, and
disqualified themselves by crime from par
ticipating in the Government, the burden
now rests upon them, before claiming to be
reinstated in their former conditions, to
show that they are qualified to resume Fed
eral relations In order TO do this, they
must prove that they have established with
the consent of the people, republican forms
of government IL harmony with the Consti-
tuition and laws Of the United States; that
all hostile purposes have ceased and should
give adequate guarantees against future trea-
son and rebellion, which will prove satsiae-
tory 10 the Government against which they
rcbcllcd and by whose arms they were sub
dued.
Fourth. Having by this reasonable with
drawal from Congress, and by fragrant re-
bellion aud war, forfeited all civil and POI
litical rights and privileges under the Fed
cral Constitution, they can only be restored
thereto bv the permission and authority of
that constitutional power against which they
rcbclled and by which they were subdued.
Fifth. These rebellious enemies were
conquered by the people Of the United
States, acting through all the coordinate
branches of the Government and not by
the Executive Department alone. The
powers of conquerOr are not so vested in
the President that he can fix and regulate
the terms of settlement, and confer Con-
grcssiOnal representation upon conquered
rebels and traitors. Nor can he, in any wav,
qualify enemies Of the Government 10 ex-
crcise its law-making power. The author
ity to restore rebels 20 power in the Federal
Government can be exercised only with the
concurrence Of all the departments in which
political power is vested. And hence the
several proclamations of the President to
the people of the Confederate States cannot
be considered as extending beyond the pur-
poses declared, and can only be regarded as
provisional permission by the Commander
in-Chief Of the army to do certain acts, the
validity whereof is TO be determined by the
Constitutional Government, and not solely
10y the Executive power.
Sixth. The question before Congress is
then, whether conquered enemies have the
right, and shall he permitted, at their own
pleasure, and on their own terms, 10 partici-
pate in making laws for their conquerors;
whether conquered rebels may change their
theatre OF operations from the hattie field
where they were defeated and overthrow,
10 the halls Of Congress, and though their
representatives seize the Government which
they fought 10 destroy; whether the national
treasury, the army Of the nation, its forts
aud arsenals lis whole civil administration,
its credit, lis pensioners, the widows and
orphans Of those who persisted in the war, i.
the public honor, peace and safety. shall all
bc turned over 10 the keeping of its recent
enemies without delay, and without impos-
ing such conditions as, in the opinion Of
Congress the security of the country and
its institutions may demand.
Seventh. The history Of mankind exhib-
its no example of such madness and folly.
The instinct of selEpreservaton protests
against it, The surrender Of Grant 10 Lee,
aud by sherman TO Johnston, would have
been disasters of less magnitude, for new
armies could have been raised, new battles
fought and the Government been saved.
The ant-coercive policy which, under the
prctext Of avoiding bloolshed, allowed the
rebellion to take form and gather force,
would be surpassed i'm iniamy hy the match
less wickcdncss that would now surrender
the hslls OF Congress 10 those SO recently in
rebellion, until proper precautions shall
have been taken TO secure the national faith
and the national safety.
Eighth Ii has been shown in this report,
and in the evidence submitted, no proof has
been afforded 10 Congress of a constituency
in any of the so-called Confederate States,
unless we except the State of Tennessee,
qualified 10 elect Senators and Representa-
tfvcs in Congress. No State constitution or
amendment 10 n State constitution has had
the sanction &c the people. All the so-called
legislation of State conventions and Legis-
latures has been had under military dicta-
ton. Ii the President may, az his viii and
under his own authority, whether as mill
tary commander OF chief Executive, qualify
persons 10 appoint Senators and elect Repre-
scntatiyes, and empower others 10 appoint
and elect them, he thereby practically con-
trolls the organization Of the legislative de-
partment the constitutional form OF govern
ment is thereby practically destroyed, and
its powers absorbed In the Executive. And
while your committee do not for a moment
impute to the President any such design,
but cheerfully conccde 10 him the most
patriotic motives, they cannot but look with