Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-06-14


This position is also established by judi
cial decisions and Is recognized as
sound by the President in public proc
lamations, documents and speeches.
Third-Having voluntarily deprived |
themselves of representation In Congress,
for the criminal purpose OF destroying
the Federal Union, and having reduced
themselves by the act of levying war to
the condition of public enemies, they
have no right to complain of temporary
exclusion from Congress, but on the
contrary, having voluntarily renounced
the right of representation, and disqual-
fled themselves by crime from partici-
pating in the government, the burthen
now rests upon them, upon claiming to
be reinstated in their former condition,
TO show that they are qualified to re-
sumo federal relations. In order to do
this, they must prove that they have
established, with the consent ofthe peo-
pie republican forms of government, in
harmony with the constitution and laws
of the United States, that all hostile
purposes have ceased, and should give
adequate guarantees against future trea-
son and rebellion-guarantees which
shall prove satisfactory TO the govern
ment against whom they rebelled, and
by whose arms they were subdued.
Fourth-Having, by this reasonable
withdrawal from Congress, and by fla
grant rebellion and war, forfeited all
civil and political rights and privileges
under the federal constitution, they can
only be restored thereto by permission
and authority Of that constitutional
power by which they were subdued.
Fifth-Those rebellious enemies were
conquered by the people of the United
States, acting through the coordinate
branches of the government, and not by
the executive department alone. The
powers of the conqueror are not so vest
ed in the President that he can fix and
regulate the terms of settlement and
confer Congressional representation on
conquered traitors, nor can he in any
way qualify enemies of the government
to reverse its law-making power The
authority to restore rebels to political
power in the federal government can be
exercised only with the concurrence OF
all the departments in which political
power is vested, and hence the several
proclamations of the President to the
people of the Confederate States cannot
be considered declared, and can only be
regarded as provisional permissions by
the commander in chief of the army to
do certain acts, the effect and validity
whereof is to be determined by the con-
stitutional government, and not solely
by the executive power.
ruautinn baforn HnnurpGC
is, then, whether conquered enemies have
the right and shall be permitted at their
own pleasure, and own terms, to partict-
pate in making laws.fOr their conquer
ors. Whether conquered rebels may
| change their theatre Of operations from
| the battle field, where they were defeated
| and overthrow, to the halls of Con
gress, and their representatives seize up
on the government which they fought
! to destroy; whether the national treas.
ury, the army of the nation, its navy, its
| forts and arSenals, it's whole civil ad-
| ministration, its credit, its pensioners,
| the widows and orphans Of those who
| persisted in the Wharf.-The public honor,
| peace and safety shall be all turned over
to the keeping of it's recent enemies
without delay and without imposing
such conditions as, in the opinion o.
| Congress, the security Of the cOuntry's
institutions demand.
Seventh-The history of mankind ex
hibits no example of such madness and
folly. The instinct of self preservation
protests against it. The surrender by
Gen. Grant to Lee, and by Sherman to
Johnston, would have been disasters OF
less magnitude, for new armies could
have been raised, battles fought, and the
government saved. The anti-coercive
policy, which, under pretext Of avoiding
bloodshed, allowed the rebellion to take
form and gather force, would be sur.
passed in infamy by the matchless wick
edness that would surrender the halls O
Congress to those so recently in rebel.
lion, until proper precautions shall have
been taken TO secure the national faith
| and the national safety.
Eighth-As has been shown in this re.
port and in the evidence submitted, nc
proof has been afforded to Congress ola
cGnstituencyin any of the so called con.
federate states, unless we except the
state of Tennessee, qualified to elect sen.
l atOrs and representatives in Congress
No state constitution or amendment tC
a state constitution has had the sanction
| of the people. All the so called legisla-
ton of state conventions and legislatures
has been under military dictation. II
the president may at his will and under
his own authority, whether as military
commander or chief executive, qualify
persons to appoint senators and elect
representatives ard empower others to
elect and appoint them, he thereby prac.
tically controls the organization Of the
legislative department. The constitu-
tional form of government is thereby
practically destroyed and it's powers alb
sorbed in the executive. And while
your committee do not for moment
impIte to the president any such design
but cheerfully concede to him the most
patriotic motives, they cannot but look
with alarm upon a precedent so fraught
with danger to the republic.
Ninth-The necessity of providing
adequate safeguards for the future, be-
fore restoring the discretionary states
to participation in the direction OF
public affairs, is apparent from the bit
ter hostility to the government and peo-