The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1866-06-13

not the dictates Of Ssstesmanship.-
Security against rebellion Is in the admin.
issration rather ,ha1 in The toru. of gop.
ernment. Place all political po,oer se-
cxrely in the hands Of it, friends, and
then make it, by the manner o tts admin.
istration, ,ohat the -ilmighty intended civil
government to be" terror to evil,
doors, and q praise to them that do ,0e1E'
by making the punishment Of crime
and tho reward of virtue swift sud cor.
t&in, and you have he .suariutesA
and all the guarantees, against tho 70.
neval Of the conflict here that tho AL.
mighty hos in heaven against its renew.
al there.
There arc two principles involved In
tho provisions of this bill which I desire
to notice. First, that the approval Of
three fourths Of the States now repre-.
sented in Congress is sufficient to ratify
tho constitutional amendment. And
second, that the ratification Of tho con.
stitutiopal amendment recited 10 this
bill shall be a condition. .precedentto the
right Of representation in the State, now
unreprcsentsd in Congress. These prin.
ciplcs are necessarily based upon tho pro-
sumption y that these arc not now States
of tho American Union. If thi5 pre-.
sumption be true, I ask gentlemen when
and by what not they ceased to DO States?
Was it by the act Of rebellion ? That
| admit wus the design Of the rebellion
but the rebellion failed in its purposes.
Was it by tho formal net or ordinance
Of secession? To state this proposition
is now to answer it.
Am told that the recognition of bel
ligerent rights By the law ofnntionS sew:
cred tho connecticut That the law Of
nations prevailed during tho war and
must prevail during the settlement grow.
ing out Of it2 I admit that tho United
States had the right to, and did, exercise
and accord belligercnt rights during tho
war to any extent justified either BY poll
cy or the dictates Of humanity but 10
so doing they never for moment sur.
rendered tho rights Of the sovereign i;
and that upon tho submission Of those
in rebellion to the Constitution and laws,
tho right to tho exercise Of belligercnt
powers under tho law Of nations ceased.
Sovereignty nlonc prcvniled-had tri'
umphcd tho Constitution and munich
pal luw Of tho laud attached, and tho
treatment to DO accorded tho offenders
must bc under tho provisions ofund in nc.
cordauco with these instead Of tho law Of
nations, administered by tho United
States us sovereign and not Us bclligcr.
eut. Who, until at the present time,
over heard Of sovereign Power govern
ing 10 time Of peace any portion of it.
subjects as bcIligereuts under tho law OF
nations.
Sir, I assert, without fear Of over.
reaching tho principles oflaw governing
the case, that loyal citizens, BY being for
a time overpowered by the rebellion,
have lost none Of the rights which at
tach or ever attached to them by virtue
Of tho Constitution Of tho United States
and that consequently, when they restore
their State Governments in harmony
with that Of tho United States, they arO
entitled to exercise all tho functions of q
State, md to all tho rights Of o State 10
tho Union. / say tho loyal citizens,
For I believe the disloyal aro entitled,
under tho Constitution, to no right OK.
cept tho right to be hung. WhcD, how:
ever; an amnesty or pardon for past Of
fensos is granted, the party having 70.
ccived it may then appeal for protection,
and as Of right iu oil matters affected or
reached by suoh amnesty or pardon, to
that law which, had it been enforced
against him, might have demanded even
bis life. The law against which ho had
offeu euded and by which ho was condemned,
which, while under condemnation, only
thundered its anathemaS against him,
has, upon pardon and reconciliation, DO.
come his friend and the advocate Of his
rights which attach by virtue Of such
pardon. Now, in what do these rights
co insist? DO thoy consist solely Of what
vc term "civil rights" or do they in'
clude political rights" also2 My
own impression is that they include Just
whs. tho sovereign granting tho pardon
may cleo. to have thom iufludc-nothine
moro, nothing less. And. that if it is not
vet safe to trust political power 10 the
hands of the reconstructed, it should
simply be withheld from them, and that
those who have been continuously loyal
should be permitted to exercise it.
The committee, however, has failed to
civo us auy information as to whether
those State organizations arc in the
hands of tho friends or tho enemies oil
tho Federal Government, or whether
those recently 10 rebellion, but who have
beon pardoned, may yet bo safely invest
cd with political rights" Where is
the protection or encouragement they
nroposs for the Union men Of tho South
Where, where are the recommendation:
of this committee upon the most vital
Question Of tho day, or involved in al!
tbs issues now upon us-the reward and
sncour.ee ment Of loyalty 10 the section
i.tsi, overruu BY rebellion 2 Echo ~.
.vsrs uherei Gentlemen have laborsd
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