Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-06-21

that they are now III OF OUT VI tncouio
/ NAV say, however, that l was never
able to see as clearly as Others could
ANYTHING 20 illogical and absurd In the
doctrine that these states actually Tor
feited their rights as states and lapsed
into the condition of territories belong /
ing to the government, requiring reor'
oapiZation and readmission into the |
Union as much as if they had never |
heen admitted. Their acts or secession |
were of course entirely void, and OF
themselves had no effect but when the |
great majority of the people OF these
| states abandoned and fOreswore all ale |
| glance TO the Union, formed themselves
into a hostile confederacy, filled every
official place in the state with enemies
| of the Union, and then used all the OIL
cial machinery of the state, In common
with the personal efforts Of the great
majority of the people, in carrying on
for years bloody war against the ma
ton, it seems to me almost absurd 10
saw that the nation might not, II " SO
elected, treat them as having forfeited
| all rights to be considered existing
states in the Union, and treat them when
| subiued as so much unOrganized terri
tory.
The difficulty now lying in the way
Of taking this ground aud baslng the
reconstruction or restoration Of the Sc
ceding states upon it is that the national
government has hitherto, from the be-
ginning of the rebellion down to the
present time, proceeded upon the oppo-
site theory; that is, that the states, as
such, still existed that the corporate
life of q state was not lost or destroyed
by the passages of ordinances OF seces-
sion or the prosecution of armed hOstll-
ity by the majority of its citizens, All
departments of the national government
having so long acted upon this ground,
it would he exceedingly embarrassing TO
| unsay and undo so much that has been
said and done indeed, it could hardly
be done without greatly aggraVatlng
and enhancing the difficulties with
which the subject Of reconstruction is
now beset. Nothing short of absolute
necessity could now justify the govern
) ment in ignoring state existence in the
members of the late contederacy and re
ducipg them to the condition Of un0r
:, gained territories.
Is IL uGCESSdIH lOl tilN PAOb@NGAS' S'NN
safety OF the always loyal part Of thu
l nation to do thisl May we not withou
= this require such guarantees and COndl
l tions OF the seeding states, prior to al
, lowing them to participate in the gen
J eral direction and government Of tn
l nation, as in our Judgment the natiOna
- safety requires!
- By the most formal and solemn act
n OF legislation these States withdrew 0
> attempted to withdraw from the nation
n al Union; they abjured all allegiance t
= the national government; they with
drew their Senators and Representative
, from the national Legislature; the
= formed themselves into q separate an
y hostile conlederacy, of which each G
these States was constituent member
: and for four years as separate natlo
n of States, and by the individual actio
N of the great majority Of their peopl
70 they made most cruel and unrelentin
war against the loyal people OF the nt
% ton.
~ Now, conceding that all this did ne
70 destroy the corporate existence OF eac
n or either of these States as legal e'
y sence, it must be admitted that all &C
ual existence Of legal relation or connet
>. ton between those States and the NJ
~ tional Union was severed and destroys
~ :, 1t cannot be claimed that while the'
81 States were acting as States in the COZ
federacy and occupying the position
of armed and hostile belIigerentS t0WaI
70 the United States, they were at u
h same time entitled to claim and eXeIcl
IN the rights Of States in the Union; to
~ represented in its legislature, and pa
=, ticipate in its government. We su
az ceeded by our superior physical pow
IF in OverthroWing and crushing this he
Ia tile cOnfederaCy, and compelled them
os lay down their arms. Now, before the
an States can resume their former places
IaI the Union loyal State governments nu
o. be instituted and take the place OF u
X, dsloyal ones that have existed, al
on then the legal relation and C0nnectI'
o3 between them and the general COVER
Nv ment must be restored by some pow
t,5a or department. OF the general COVER
,es ment.
nv Now, in what department Of the n
~, tional government does this power IT
~, to say when the people Of the insurSe
~ States have returned to lOyalt
IN whether the State governments set
n anew are really and truly loyal, a
then restore the broken and severed
,od / gal relations between them and t
~. J Union? Clearly, III my judgment,
for must rest in and with the law maxi
$50 power of the government. the represel
in atives of the States and the people,
,ad | two Houses of Congress. in the pl
m gress of reconstruction or restori
m these States to loyalty and their form
CO. position in the Union, the executive
,ad partment Of the government has
nt- sumed to dictate terms and Con1ltlo
be' to those States, which they compli
mol with. The terms and conditions i
nj. posed were wise and just in Intensely
or and l do not take it upon me now
If say that they were not rightfully eXa
o. ed by the Executive. But DO say tt
,ts in my Judgment, there is far me
If ground Of doubt as TO the ri9httul 20
m er of the merely executive branch OF
oat. government to do this than there is
70 10 the power of Congress, the suDstt
mo- tial law making power Of the nation,
80 exact the same or other ike cOndttlo
or 1t has been said that unless tn