Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-02-12

mands that there shall be no rigid, hori-
Zontal strata running across our political
society through which some classes
Of citizens may never pass up to
the surface; but it shall be rather like the
ocean where every drop can seek the sur
face and glisten in the sun. Until we are
true enough and brave enough to declare
that in this country the humblest, the
lowest, the meanest of our citizens b
not be prevented from passing to the
highest place he is worthy to attain, We
shall never realize freedom in all its glo-
rious meanings. l do not expect we can
realize this result Immediately. 1t may
be impossible to realize it very soon but
let US keep our eyes fixed in that direction,
and march toward that goal.
There is a second great fact which we
must recognize, namely; that the seven
million white men, lately in rebellion,
now stand waiting to have their case ad-
judged-to have it determined what their
status shall be in this Government. Shall
they be held under military power; shall
they be governed by deputies appointed
by the Executive; or shall they again re-
sumo the functions of self-government in
in the Union-are some of the questions
growing out of this second fact.
l will proceed to state, in a few words,
what seems to me necessary for the prac-
tical settlement of this question. In view
of the events of the war, and the peculiar
and novel situation of the parties and in
terests concerned; in view of the powers
conferred upon US by the Constitution and
laws of war; and in view of the solemn
obligations which rest upon as to main
tain the freedom, security, and peace of
all the citizens of the Republic, l inquire
what practical measures can we adopt best
calculated to reach the desired result. 1t
appears to me, sir, hat we should take
action in regard to persons and in regard
to States.
In reference to persons, We must see to
it, that hereafter, personal liberty and per-
sonal rights are placed in the keeping of
the nation; that the right to life, liberty,
and property shall be guaranteed to the
| citizen in reality as thew now are in the
words of the Constitution, and no longer
left to the caprice of mobs or the contin-
gencies of local legislation. If our Con-
stitution does not now afford all the
powers necessary to that end, we must
ask the people to add to them. We must
give full force and effect to the provision
that "no citizen shall be deprived of life,
liberty, or property without due process
of law" We must make it as true in fact
as it is in law, that the citizens of each
State hal be entitled TO all the privileges
and immunities of citizens in the several
States" We must make American citi-
zenship the shield that protects every
citizen, on every foot of our soil.
What shall be done with the States
lately in rebellion How shall we dis
charge our duty toward them? / shall
hail with joy the day when they shall all
again be in their places, loyalty obedient
they now entitled to admission Are they
worthy of so great conidenceH To my
mind, Mr.. Speaker, The prime faeis eui-
denee rs against Hemi the burden OF proof
rests on eachof then. to shotO tohether they
are lit again to enteT the Federal circle ia
fuI communion Of privileges. We are sit
ting as a general court of the nation. They
are to appear at the bar Of the Republic
and show cause why they should be
brought in. Isay the burden Of proof is
upon their shoulders. When ace kneio
them last they i0ere hsrLinq the lightain0s of
loar against us they sOers STARRING
prisoners Of a0ar Ia their dungeons they
t0ere burning oar toi0Hs; they mere hating
the Union a5OUe all things, and i0ere bound
by bloody oaths TO destroy it. Thus
stood tie case a0hea Congress adjourned
ten months ago. They must give us proof,
clear as Holy Writ, that they have
washed their hands and are worthy again
to be trusted No rumors of change will
satisfy me. No Delphic oracle, telling
beautiful tales of peace and restoration !;
no gentle declarations like those we hear
from the other side of this Chamber, that
the people of the South "have accepted the
results Of war; will suffice. l know they
have accepted thessresults Of war-as Buck
neT accepted them at Fort Donelson as
Pemberton accepted them at V~ieksburg;
as Lee accepted them last April in Vir-
ginia.
hasten to say, Mr. Speaker, that 1 do
not expect seven million men to change
their hearts-to love what they hated and
hate what they loved-on the issue of a
battle. Nor are we set up as Il Judge over
their beliefs, their loves, or their hatreds.
Our duty is to demand that before we ad-
NIT them they shall give us sufficient as
surance that, whatever they may think,
believe or wish, their actions in the future
shall be such as loyal men can approve.
What have they done to give US that as
surance?
Mr.. Garfield proceeded to cite various
indications of the sentiment in the South
ern States, referring to the proclamation
of Governor Humphreys, of Mississippi,
recognizing as valid the legislation of the
Confederate States and the rebel State
Government of Mississippi, the recent
law passed by the Virginia legislature
providing for the enslavement of all ne
gro Migrants, and to Governor Brownlow's
protest against the removal of military
authority from Tennessee, to show how
unfit these States are for restoration to
power. He continued as follows:
In view of these facts we await further
proof.
But, sir, there is a duty laid upon US by
the Constitution. That duty is declared
in these words:
"Tke United States shall guaranty to
every State in this Union q republican form
of government"
What does that meant Read the
twenty-frst and forty-third numbers of
the Federalist, and you will understand
what the fathers ofthe Constitution meant
when they put that clause in our organic
law. With wonderful foresight, amount
ing almost to prophesy, they appear to
have foreseen just such a contingency as
the n that has arisen. Madison said
that m instruction might arise too pow
erful to be suppressed by the local author
titles, and Congress must have authority
to put it down and to see that no usurping |
government shall be erected on the ruins
of a State.
What is a republican form of govern
ment? When these States were admitted
into the Union, there was not one of them
in which one-tenth of the citizens were
DISTINGUISHED. L will read a few words
from one of the ablest men that ever stood
upon this floor, that man SO untimely dead, |
SO sadly and lately removed from among
US, whose words were like flaming swords, |
and who was intellectually one of the
greatest and most gallant of men-Henry
Winter Davis. He is here describing the |
conditions of a republican Government,
and after promising that at the formation
of the Constitution all the States but three
admitted free eolored persons as citizens,
he says SIN Virginia there was but one
colored man to thirty-six of the popu-
q