Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1866-12-11

of the Federal commanders had attempted to
give political status to a large division of the
insurgent army, the political feature of the
treaty was ordered to be stricken out by the
government at Washington.
Up to this point no political status had been
given to those who had been engaged in levying
war against the government 1t is not material
to the argument whether the unrepresented
States are to be regarded as members of de
facto government, which had been overthrow
by the arms of the United States, or as an ag-
gregate of individuals who had been engaged
in rebellion against the government, which had
been suppressed. If these Confederate States
are regarded as de facto government, they had
surrendered and were at the discretion of the
conqueror. If we regard the inhabitants as
persons who were engaged IN domestic violence
and waging war against the United States they
were subdued and were amenable to the laws.
The President of the United States regarded
them in the latter capacity, and decided that all
the State governments in the unrepresented
States Except Virginia, Tennessee, Louisiana
and Arkansas where governments had been
re-estabshed by the loyal people,, had been
abolished by this domestic violence" He Or
dered conventions to be called to make new or
ganic laws or constitutions for those States,
prescribing who should and who should not vote
for delegates to these conventions. He issued
proclamation, enumeratlng some thirteen or
fourteen classes Of persons liable to the penal
laws of the United States unless they should
obtain his special pardon. Thus he attempted
to fix the political status Of these States.
The term of the thirty-eighth Congress ex-
pired on the 3rd of March, 1865; the surrender
of the Confederate armies took place in the
months of April and May following, and the
action of the President, to which [ have just
referred, was had before the assembling of the
present Congress, in December Of the present
year. When Congress assembled it, in effect,
denied the validity of the action of the Presi-
dent In attempting to define the political status
of the people Of the unrepresented States who
had been engaged in levying war against the
Government, and denied admission to repre-
sentatives from those States unless they should
adopt the proposed amendment. Nor has Con-
gress sanctioned the validity of the President S
action so far, except by acquiesence, and on
condition that this constitutional amendment
shall be adopted by the Legislature of each
State. 1t is claimed by Congress that, being
the law-making branch of the Government, it
belongs to that body to determine the political
status Of the people of those States Therefore,
as yet, the political status Of the people in those
States is in precisely the same condition that it
was on the day the Confederate armies were
surrendered. There has been nothing done by
the law-making power Of the Government of
the United States to settle that question: ex-
cept the submission of this proposition to amend
the Constitution.
The people of those States, as a conquered
nation, or as individuals who have forfeited
their political rights by rebellion, still under
the ban OF the government, or in the power Of
the conqueror In the case OF nations at war
the conqueror dictates the terms of peace; in
the case Of subjects engaged in rebellion, when
tho ,oha &c ho
forces or mitigates the penalty. The terms Of
the conqueror in this case, or the penalties fixed
by the government, are embodied in this pro-
posed amendment In either view of the case
there can be no disgrace incurred by the accep-
lance of the terms proposed, because they are
proposed by powerful government to the peo-
pie of States disarmed and unable to resist its
| authority. The disqualifcations proposed do
not go to the army that surrendered at Apo
mattox Courthouse. [ suppose not five per
cent. of the individuals who composed that ar
my will be affected By the proposed constitu-
tional amendment There were, perhaps, more
e-bodied Virginians in the State who were
detailed or exempted in one way or another
from military service than were bearing arms
on that day. The disqualifoations will fall
chiefly on this class They ought not to com
plain, because they did not expose their persons
in the strife to secure victory in war they SO
largely contributed to inaugurate. There were
few at Appomattox who had been active in
bringing on the war.
The pardon issued by the President assumed
that severe pains and penalties had been in
Cured by the individual receiving it, and re-
quired an acknowledgment by the recipient that
he had committed the offence Congress, also
declares that the offence was committed, and
! affixes the disqualfcations imposed upon GER
tain offenders as a mitigated penalty. The par
dons OF the President were eagerly sought, and
| accepted with professions of gratitude. 1t can
not be contended that no disgrace attaches to
the acknowledgment of wrong where forgive
| ness is promised, and that it would be dishon-
orable to acknowledge the same fault where the
| consequences Of the admission merely go to the
| disqualification from holding Office.
But are the conditions imposed by Congress
hard? Congress indicated that the disabilities
enumerated in the amendment are not to be
perpetual, by reserving to irselft power to re-
peal them The conditions are not nearly as
hard as they might be- The person Of the cit
izen is safe his property is not threatened with
conGscation; it is not proposed to administer
our laws by strangers; the power over the
question of suffrage is left with the States. For
| the sake Of securing peace and its blessings
| may it not be an act Of exalted patriotism for a
portion of the old and the middle-aged citizens
to yield gracefully to a necessity they cannot
avert? 1t only brings the young men little
earlier into public life and will tend to the ear
lier development Of their energies. By the ac-
| ceptance Of the amendment tranquility will be
secured to the South. The young men and the
old men will enter upon a new field of prosper
| ity; Recommendations will be opened be-
tween all parts of the country, and by the exer-
else of little forbearance, in few years per-
! feet restoration will be effected
But it is proposed to reject the amendment
and abide events and the question is frequent
! ly asked, what will be the result? The answer
| is involved in doubt. The condition of the
country is unsettled, and there will be no tran
guilty until the status Of the unrepresented
States is fixed have no means Of knowing
what the action of Congress will be, in the
event Of the rejection of the amendment. It
seems to me most probable, that it will be
claimed, that through illegal interference by the
President in the unrepresented States, the po-
litical power, of those States, has been placed
in the hands of those who were lately in rebel
lion against the government, and who withhold
political power from those who were and are
loyal to the government of the United States !;
that they refuse to comply with the require
ments Of Congress, to entitle them to represen~
tation and are, therefore, still, practically, in
rebellion against the government; and that the
loyal people of those States are thus deprived
Of representation in the councils of t he nation
Congress will be asked to set aside the State
organizations created by the President, and
place these States under the control of loyal