Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-01-19
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BEDFORD. Pa, FRIDAY JAN. 10, 1865.
SPEECH OF HON. TRADDEUs
STEVENS.

| President $ Message being under consldeFa-
ton, Mr.. Stevens spoke as follows:
Mr. STEVENS said: A candid examina-
ton of the power and proper principles OF
reconstruction can be offensive to no one,
and may possibly be profitable by exciting
| inquiry One of the suggestions of the
message which we are now considering has
special reference to this. Perhaps 1t is the
| principle most interesting to the people al
this time. The President assumes what no
one doubts, that the late Rebel States have
lost their constitutional relations to the I'm
ion, and are incapable of representation in
| Congress, except by permission of the Gov
ernment. 1t matters but little with this ad-
mission, whether you call them States out
of the Union and now conquered Territodies
or assert that because the Constitution for
| bids them to do what they did do that they
are therefore only dead as 20 all national
and political action, and viii remain so until
the Government shall breathe into them the
breath, of life anew aud permit them to oc-
cupy their former position, in other words
that they are not out of the Union, the on
ly dead carcasSes lying within the Union,
Ia either case it is very plain that it requires
the action of ofCongress to enable them to
form a State Government, and send repre-
sentaives to Congress. Nobody [ believe,
pretends that, with their cid Constitutions
and forms of government, that they can be
permitted to claim their old rights, under
the Constitution. They have torn their
Constitutions into atoms, and built on their
foundation fabrics of totally different char
acter Dead men cannot raise themselves
dead States cannot restore their own exis-
tence as it was. Whose especial duty is to
do it? In whom does the Constitution
| %1 II
| of the Government, for it only adiudicates
| and does not prescribe laws. Not in the
! Commander in Chief of the armies, for he
can only hold them under military rule un-
! til the sovereign legislative power of con-
queror shall give them law. There is for
tunately no difficulty in solving the question.
There are two provisions in the Constitu-
ton under one of which they must fall. The
fourth article says new States may be adj
mitted by the Congress into this Union.
In my judgment this is the controlling pro
vision in this case. Unless the law of ma
tions is dead letter, the late We between
| two acknowledged beligeTents severed their
original cOmpacts, aud broke all ties that
thembound together. The future condition of
the conquered power depends on the will of
the conquered power. They must come in
/ as new States or remain as conquered prov
inces. Congress-the Senate and Hol e of
Representatives the concurrence of
the President, is the only power on earth
that can act on the matter. But suppose as
some dreaming theorists imagine that these
| States have never been out of the Union,
but have only destroyed their State Govern
ments so as to be incapable of political ac-
ton, then the fourth section of the fourth
article applies, which says "the United
/ chalf fc,a &faf fbo
! Union a republican form of Government.
| Who is the United States? Not the Judici-
any, not the President; but the sovereign
power of the people exercised through their
representatives in Congress, with the con-
| curreEce Of the Executive. 1t means the
political Government, the concurrent ac-
ton of both branches Of Congress and the
! Executive. The separate action of each a.
mounts TO nothing, either in admitting new
/ States or guaranteeing Republican Gov
ernments to lapsed or outlaWed States.
| Whence springs the pIeposterous idea that
either the President, or the Senate, or the
I House of Representatives acting separated
can determine the right of a State to ser
| members or Senators to the Congress of the
! Union2 To prove that they are and have
! been out of the Union for all legal purpose
and are now conquered subjects to the alb
| solute disposal of Congress, l will sugge.t
a few ideas and adduce few authorizes. l.
| the so called Confederate States Of Ameri
ca were an Independent belligerent, and were
so acknowledged by the United States and
| Europe or had assumed and maintained an
attitude which entitled them to be consider
ed and treated as belligerent; that during
such time they were precisely in the condi-
| ton of foreign nation with whom we were
4 al AIo.,. lo,o,.
nation be acknowledged by us to produce
| that effect.
Mr.. Stevens then quoted from Mr.. jus
tice Grier in the prize cases all the law on
these points After such clear and repeated
decisions, he said, it is something worse
than ridiculous to hear men of respectable
standing attempting to nulliiy the law of
nations, and declare the Supreme Court of
the United States, in error, because as the
| Constitution forbids it, the States could not
/ 90 out of the Union de facto. After pro-
ceeding further in his argument, he remark
| ed, it is obvious that it is the first duty of
! Congress to pass law declaring the condi-
! ton of these outside defunct States, and
providing proper civil govornmentfor them
Since the conquest they have been governed
by martial law Military rule is neeessari
despostic, and ought not to exist longer than
is absolutely necessary As there are no
symptoms that,the people of these provinces
will be prepared to participate in a Consti-
tutional Government for some years | know
of no arrangement 50 proper for them as
Territorial Governments. There they can
learn the principles of freedom, and eat the
fruit of foul rebellion under such govern
ment. While electing members to the
Territorial Legislatures they will necessarily
mingle with those to whom Congress shall
extend the right of Suffrage. In the Terri
tories, Congress fixes the qualifications OF
electors, and know of no better place or
better occasion for the conquered rebels
and the conquered to practice justice to all
men, and accustom themselves to make and
to obey all laws As to these famed rebels,
they cannot, at their option, re-enter the
heaven which they have disturbcl1,s the
garden of Eden which they have deserted,
as flaming swords are set at the gate TO Sc
cure their exclusion.
1t becomes important to the nation to in
auire when the doors shall be reopened for
their admission According to my judg-
ment they ought never to be recognized as
capable of acting in the Union or being
counted as valid States, until the Constitu-
tion shall have been so amended as TO make
it what its trainers intended so as to secure
perpetual ascendency TO the party of the
Union, and so as to render Republican Gov
ernment firm and stable forever. The first
of these amendments is to change the basis
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