Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1866-06-29


from participating in the government, tho
burden now rests upon them upon claiming
to he reinstated il their fasmer condition.
to show that they are qualified to resume
Federal relations. In order to do this they
must prove that they have established With
the consent Of the people, republican forms.
of government, iu harmony with the Con-
sttution and laws Of the United States,
that all hostile purposes have caused, and
should give adequate guarantees which
shall prove satisfactory to the government
against whom they rebeIlsd and by whose
arms they were subdued.
Fourth. Having, by this treaeonable
withdrawn from Congress and by fragrant
rebellion and war, forfeited all civil and pO
litical rights and privileges under the Fed
eral Constitution, they can only be restored
thereto by the permission and authority Of
that constitutional power by which. they
were subdaed.
Fifth. Those rebellious enemies were
conquered by the people of the United
States acting through the o-ordinate bran
ches Of the government andn0t by the Ex-
ecutivc Department alone. The powers
of the cQnquerOr are not SO vested in the
President that he can fix and regulate the
terms of settlement and confer cQngres-
siOnal representation on conqured traitors.
nor can he in anyway qualify enemies Of the
government to reverse its law making pow =
lrr. The authority to restore rebels tn DIT.
litical power in the Federal government
can be exercised only with the concurrence
of all the departments in which political
power is vested. and hence tho several
proclamations of the President to the peo.
pie Of the confederate States cannot he
considered declared, and can only be regar-.
ded as provisional permission by the CON-
niandcr-in- chief of the army to do certain,
acts. the effect and validity Of which is to be
determined by the constitutional govern
ment, aud not solely by the Executive RcM
er.
Sixth. Tie auestion before Congress is,
then, whether conquered enemies have the
right and shall be permitted, at their Owp
making laws for their conquerOrs. Wheth--
er conquered rebels may change theiF thea
ire of operations from the battlefield! 'wilrne
they were defeated and overtalrown, to the
halls of Congress, and their representatives
seize upon the government which they
fought to destroy; whether the national
treasury. the army Of the nation, its navy.
its forts and arsenals, its whole civil nd
ministration, its credit, its pensioners, the
widows and orphans Of those who perishc,i
in the war,-thc public honor, peace and
safety shall all be turned over to the keep
Ing of its recent enemies without delay and
without Imposing such conditions al, in the
opinion of Congress. the security Of the
fcountry's institutionsmay demand.
Seventh. The hist9rE et mankind ex-
hibits no example Of such madness aud fol-
ly.-Thc instinct Of sslt representation pr,.
tests against it. The surrender by Gem
Grant to Lee and by Sherman to Johnston,
would have been disasters Of lesa~ magni-
tude, fornew armies co9lI haze been raised.
bates fought and the government saved.
The ant-cocrcive policy, which. unlsr
pretext of avoiding bloodshcd. allowed tho
rebellion to take form and gather force.
would he surpassed in inflniy by the
matchless wickcdncss that would surrcn-
der the halls of Congresste those so recent,
" in rebellion, until proper precautions
shall have Eeem taken % secure the nation
al..faith and the national safety.
Eighth, As has been shown in this report
an in the evidence submitted, 10 proof has
been afforded to Congress of constituency
in any of the SO called confederate States-
unless we excep. the State Of Tennessee,
qualified to elect Senators and represent
ativcs in Congress. No State e0Hstltutip0.
or amendment to u State constitution kas
had the sanction of the people All the
so-calcd legislation of State conventions
and legislatures has been under military
dctation. If the President, may at his will
and under his own authority, whetheF AZ
military commander er ei.iet executive.
qualify persons to appoint Senators and ell
ect Representatives and empower others
to elect and appoint them, he thereby prac-
tically controls the organizotiou of the leg
sative department. The constitutional
form of government is thereby practically
DESTROYED and its powers absorbed in the
executive. And while your committee d.
not for u moment mpute to the President
and such design, but checrlully eonceac t~
him the mast patriotic motives, they can-
not but look with alarm upon a precedent
So fraught with danger to the republic.
Ninth. The necessity of providing ais
quate safeguards sor the future before rest
oring the insurrectionary States to part
icipation in the direction of public affairs is
apparent from the bitter hostility to thu
government and people Of the United State
yet existing throughout the conquered tsE.
ritory. as proved nicorrtestibly by the test
imony Of many witnesses and undisputed
| facts.
Tenth The conclusion Of your commit
tee, thereforp, is thai the sa. sa!lea eenfeary.
ate States are not at present entitled tn
representation in the Congress Of the CMitcd
States that before allowing such repressn-
tation, adequate security for future peace
and salty should be required; that tins can
only be found in such change Of the organic,
flaw ms shall determine the civil rights s.a
privileges of all citizens in all parts Of the
republic, shall place representation ON an
equitable basis. shall fix stigma upon tre,,
SON and protect the l"yal people against
further claims Tor the expenses incurred in
support of rebellion and for nanun,ittetl
slaves together with an express grant in
Congress to enforce these provisions. To
this end they offer joint resolution ~.
amending the constitution and the two sew
eral bills designed to carry the same into ef-
feet before referred to,
Before closing this report your commit
tee beg leave to state that the specified r.
Communications submitted by them ase the
result OF mutual concession, after y long
and careful comparison Of conflicting opiU.
ions. Upon question OF such magnitude
infinitely importantas it is to the future Ut
the Republic. it was not TO be expecttsl
that al! should think alike, Sensible VI the