Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-08-15
WHOLE NUMBER 22E:

cases where the States did not appear at
proper time and place and offer their
senators and Representatives.
1t would have quieting effect and Be
out a reasonable sacrifice TO Constitution
ana law, to repeal at the earliest possibls
moment all such enaetmeuts Of The lsst
session OF Congress which have not Fs.
celVed the sanction of the PFssiSaas519
For whatever the decision of the Conr,s
may be on the subject it is quite elekI
that the opinion Of the Bench IA -
Of the United States, outside of Dolitio5i
circles and beyond political influence,
will not be unanimous in favor Of TIA
validity of these laws. They will not be
absolutely and entirely respected by the
mass of the people, as they would have
been if enacted BY Congress in which
all of the United States were suffered Is
be represented.
There are reasons urged for refusing
the admission Of the eleven rejected
States into the legislative councils Of tb6
nation. Stripped of all ambiguity the
result is this Exclusion is said to 81
necessary in order to retain power III tbs
hands Of the present majority aud Is Is
not, 1 think, generally claimed to be con-
stitutional, but right and reasonable in
the present excepted case. Bnt ALLOW
this as precedent, and specially ezueb-
ted cases will continually arise, in ths
opinion Of the party in power. The
present Congress cannot say 'thus far
and no farther" The Constitution allows
no such exception if violated but for 4
day, it is violated.
This look upon as the great source
Of evil pregnant with political mischief.
1t is a sap applied to the very foundatf5d
of our National edifce and if pressed
forward its results, must shake, If not
destroy it. It is needless and iale to
dwell upon the past-that which belongs
to history; but it is not perhaps in.
proper for me to say that have not ia
all things entirely coneurred in the
action of the past or present Executive.
In the direct political movement necessary
to preserve the integrity Of the Union
and enforce its laws, in the conduct Of
the war, I felt no difficulty, no hesitation.
l felt, too, heneeessity, as war measure,
to remove the power of mischief from
those who actively and openly attempted
to obstruct the raising Of our armies of
to induce desertion from the rabks.4
Their crime approached treason. .but did
not fall within its definition. Thg bosi.
tion Of those in its commission vas am
biguous, occupying middlespace between
traitor and spy but whatever the jud9.
ments of course might be Upon tbeit acts,
the performances of a duty which the
President owed, the Constitution re-
quired that they should be deprived Of
the power of mischief.
1t was necessary to protect Off attnieS
in the process Of formation against hostile
elements as we'll as to protect them
against meeting and opposing armies ii
the field. Military commissions are war.
rantable only in cases in which the COM
General is justified ii ordering
execution on his own mandate without
trial, then he may properly orgabize !
commission to advise and share with him
The responsibility but I have he7eF
been satisfied with the trials and conVic-
ions by military courts where ohr civil
courts held undisturbed sessions, and
,ur civil laws could be executed. SHch
hings have nevertheless been done, and
have not failed to protest against it ia
he proper quarter, and use all my powers
If reason and argument 70 prevent it.
The prevention of mischief is one
hing, the trial and punishment Of crit4s
complete is another. -,
For this use Of military tribunals the
of President JohRs5h is
lot entirely free from responsibility, but
S far as I know, it was only when he
7as fresh in his Office, near to tie sur
ounding circumstances which infue1csd
he action of his predecessor and Of his
ounsellors, that he fell into; what I
onsider, vital efror-and he showed;
rom the first, purpose to apply to the
lischief. an early and, whenever possible;
n efficient remedy. Thus, in the only
lstance 10 which be greatly erred, i
as BY uniting in the policy Of those
ho now most condemn him it was BY
lffering himself to be borne onward By
he wild tide Of events, which threatshsd
sweep away aid obliterate the aneisnt
indmarks of ouT Republic, and It vas
My when he attempted to check its yfor (,
nee that he encountered fierce FesistahcsS
and rePr5a6h. ~
Besides the illegal coustitutfon Of the
70 Houses of Congress, by the exclusion
the eleven States, there was vice, 8
ovelty in the proceedings Of those two
by the appointment Of joint
,mmittee on the all important question
reconstruction, and the admission Of
embers to each body-a committes
milar to that of public safety in the
assembly Of France in the
avs of the Revolution, and almost
This two HOUSES were, by the appoint
ent Of this committee and the powers
.anted it. consolidated, and there was no
nper. for the moral important purposes
the session. two Houses Of Congress
70 deliberative assemblies. Indeed
ere coald be nc. free deliberations u
iber of those bodies. They we're fet-
red and bound by the action Of the
mmittee, and no member could be Pers
itted to introduce a measure without
first passing through this ordeal IL
ed, it was, as much as the political
,nding Of any Senator or Representa-
70 was worth to disputo its behests. In
few instances it was attempted. but on
oh occasion followed by an explanation
d an apology.
Men are drifted by the strong current
events where their own deliberate
lgment would not carry them. In the
npogition of most men, even msh