Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-03-14

10 THE HOUSE OF REPRESENTATIVES:
have examined the bill ito provide for
i the more efficient government of the rebel
States with the care and anxiety which
its transcendent Importance is calculated to
awaken. | am unable to give it my assent
for reasons 50 grave, that I hope state
ment OF them may have some influence on
the minds of the patriotic and enlightened
men with whom the decision must ulti-
mately rest
The bill places all the people of the ten
States therein named under the absolute
domination of military and the pre-
amble undertakes to give the reason upon
which the measure is based, and the ground
upon which it is justified It declares that
there exist in those States no legal govern
ments, and no adequate. protection for life
OF property, and asserts the necessity of
enforcing peace and good order within
their. limits. Is this true as matter of fact?
It's not denied that the States in ques-
ton have each Of them an actual govern
ment, with all the powers, executive, judi
clal, and legislative, which properly belong
to asfree State. They are organized like
| the other States Of the Union, and, like
! them. they make, administer and execute
| the laws which concern their domestic af-
fairs An existing de facto Government,
exercising such functions az these, is itself
the law of the State upon all matters with
in Its jurisdiction. To pronounce the SUI
preme lawmaking power of an established
State Illegal, is to say that law itself is I'M
lawful. ~ .l.e ....,- t.....ft :t
The provisions whichthese Governments
have made for the preservation of order,
the suppression Of crime, and the redress
Of private injuries, are in substance and
prlnclpe the same as those which prevail
in the Northern States and in other civiliz-
ed countries. They certainly havenot sue
ceoded in preventing the commission of all
crime, nor has this been accomplished any
where in the world There, as well as
elsewhere, offenders sometimes escape for
want OF vigorous prosecution, and OCCASION
ally. perhaps, by the incficiency of courts
or the prejudice Of Jurors It is undoubt-
edly true that these evils have been much
by the dcmoraiztng influences of civil war.
and by the rancorous passions which the
contest has engendered. But thai these
people are maintaining local Governments
for themselves which habitually defeat the
objects OF all government and render their
own lives and property insecure, is in itself
utterly inproba bic, and the averment of
the bill to that effect is not supported by
any evidence which has come to my know
ledge. All the information [ have on tie
subject convinces me that the masses of the
Southern people and those who control
their public acts. while they entertain d.
verse opinions on questions of Federal po-
Icy, are completely united in the effort to
reorganlze their society on the basis of
peace, aud to restore their mutual prosper
lty as rapidly and. as completely as their
circumstances will permit
The bill, however, would seem to show
upon its face that the establishment Of peace
and good order is not its real object. The
fifth section declares that the proceed
ing sections shall cease to operate in any
State where certain events shall have hap
pened These events are-frst, the selec-
tion of delegates to State Convention by
an election at which negroes shall be allow
ed to vote. Second, the formation of a
State Constitution by the Convention so
chosen. Third, the insertion into the State
Constitution of a provision which will Sc
cure the rightof voting at all elections to
negroes, and to such white men as may
not be disfranchised for rebellion or felony.
Fourth, the submission of thee Constitution
for ratification to negroes and white men
not DISTINGUISHED ana its actual ratification
by their vote. Fifth, the submission of
the State Constitution to Congress for ex-
animation and approval. and the actual
approval of it by that body Sixth, the
adoption of a certain amendment to the
Federal Constitution by vote of the Lee
glslature elected under the new Constitu-
ton. Seventh, the adoption of said amend
ment by sufficient number of other States
to make it part of the Constitution of the
United States. All these conditions must
be fulfilled before the people Of any of these
States can be relieved from the bondage Of
military domination but when They are
fulfilled, then Immediately the pains and
penalties of the bill are to cease, no matter
whether there be peace and order or not,
and without any reference to the security of
life or property The excuse given for the
bill in the preamble is admitted by the bill
itself not to be real The military rule
which it establishes is plainly to be used
not for any purpose Of order or the pre-
venton of crime, but solely as a means of
coorcing the people into the adoption of
principles and measures to which it is
known that they are opposed, and upon
which they have an undcniable right to
exercise their own Judgment.
l submit to Congress neither this meas
ure is not in its whole character, scope,
and object, without precedent and without
authority, in palpable conflict with the
plainest provisions of the Constitution. and
utterly destructive to those great principles
Il