The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-07-13


| Sir, L remember how eleven year.
ago, when L rose in my place withir
your own hearing, when We were bOtt
| entering upon the discharge of our du
\ ties here as Representatives of the peo-
pie, and asked whether government
which denied to the majority of its OWE
! citizens a voice in Its affairs was Tepub
I lican within the meaning of that term
| as embodied in the Constitution OF the
! country, explaining more fully my
J meaning by saying, SIS il republican
| Tor Il minority in State to take away
from an overwhelming majority, Oi
| like age, sex, and Residence resident IN
such State, any vote or voice in the
/ gOvernment?" and you doubtless re-
| member the audible response which
I came back from the Democratic ranks
that day from gallant Representative
/ from kentucky, who said, by the iiv.
| ing God! no such State as that should
! be permitted to be anywhere on the
I earIh." 1 stand with tue kentuckiau
| to-day. 1 think that the majority
| ought 10 rule, subject TO the equal right
of the minority TO the same rights with
/ themselves, without regard 10 color.
! That constitutes republican state, aud
/ that is the whole question involved i'll
all this legislation. Gentlemen who
I oppose such a rule of equity and Justice
\ can hardly lay claim TO the once proud
]
democracy which asserts the exclusive
right of the minority to rule.
| But, say gentlemen, 'yOu are eXer-
cisiug tyranny over those States y
/ What was just said bysthe gentleman
! Mr. WOod) who also opposed this billi
! That the President OF the United States
I appointed civil Governors over those
| StatesI The gentleman ought to have
gone further 10 make the record per
! feet, and said that the President had
not only appointed Governors over
l these States, but prescribed the terms
and conditions upon which the whole
people OF those States should recon
struct the shattered fabric of their State
| institutions. do not stop now to dis
cuss the question OF the Presidents
| power thus to govern any part Ot this
country. / did say once in my place
| here that the President had not any
| more authority to do that than the Car
| of Russia when the rebellion was over
I thrown. But, sir, there was occasion
for doing something withimdhe limits
of those States for the establishment oil
/ law and order. II any gentleman
! doubts this, will oblige him if he will
| express the grounds OF his doubt.
| l repeat it, there was necessity for
something being done, and the question
\ is by whom should it be done The
| legal governments of those ten States
had been totally disorganized and de.
strUyed through the instrumentality of
this traitorous conspiracy. There is
not man, sir, within the hearing oi
my voice who has any respect for ths
\ oath under which he is bound here rs a
\ representative of the people, but will
say that from the waters of the Potomac
TO the waters OF the Rio Grande, within
/ the limits of those ten insuTgent States
there vas not existing at the time when
Lee surrendered 10 Grant single State
! organization that bad the right TO legis-
| late on any subject whatever. And
.hy, sir? Because the Constitution oi
| yonr country on its face absolutely
forbade il. Why? Because the Con-
stitulion declares as a condition precs-
dent TO any Legislation in any State of
| this Union, that every legislative, eX-
ecutive, and judicial officer therein,
shall be bound by oath TO support the
/ Constitution of the United States, and
that every State shall have IL govern
ment republican in form and not incOn-
sistent with the Constitution of the
| United States and the laws and treaties
made in pursuance thereof.
( There was not on the day Ofthe sur
/ render in one OF those States u single
State officer bound by an oath to sup
port the Constitution OF the United
/ States; on the contrary every officer
therein had taken au oath to overthrow
that Constitution. LIDO not stop to talk
about the rights of disorganiZed States,
and disorgnniZed too by reason of their
own treason. The simple fact WAS and
/ is, and no sensible NAH in America can
deny it, the people of those States by
I their trenson had succeeded in over
! turning and Rnuihilating their pre-ex-
I isting State governments, and were
simply disOrganized communities with
/ in the general Jurisdiction OF the Uni
ted States and subject TO the laws OF the
| United States. Something had to be
done to restore them. In this work OF
| restoration the nation had first to be
consulted. Before restoration and pre-
paratory thereto, security, irrepealable
security, for the future was to be taken
| by the nation-the freemen OF organ
! lied constitutional States who had
crushed rebellion and maintained
through their organized loyal States,
American nationality American ma
tionRlity never existed otherwise, and
aud while your Constitution stands
never can exist otherwise than through
organized republican constitutional
States of the Union. IL.
Every Representative upon every side
| of this House has thus declared, under
the obligation OF his oath, that the ma
tiounl will is exclusively declared by
1.-The Representatives. from organized
States in Congress assembled. Who Is
lis there here TO say that any but loyal
organized States within this Union can
I rightfully elect a Congress and legislate
| under he Constitution for the people oi
| every State and Territory? There is nc
| other power that can make national
flaws under the Constitution, either for
| the organized or the disorganized States,
! for ali legislative power granted by the
| Constitution is vested in Congress.
This Congress of the Constitution sub
mitted TO the people OF the organized
! 4 ri ka
| ton as the bash of restoration aud ia
ture security. The loyal people have
| acted upon the amendment so submit
/ led, have ratified it, and demanded its
acceptance by the several disorganized
States as a condition of their reatora-
ton to political power.
BY this action the people have decid-
ed, in fact and in law, that the provi-
sions ofthe pending bill and of the acts
to which il is supplementary, which
but provide the means for the accept
auce OF the constitutional amendment
and the reorganization OF republican
governments in conformity Herewith
in the late insurgent States, shall be
carried into effect. Letit be borne In
mind that the people Of twenty-one o.
the twenty seven States represented
here have solemnly ratified the Four
Ieenth Article of amendment to your
Constitution, which declares upon its
very fore front that all persons born In
this country, irrespective OF color, d
..are citizens OF the RepublIc, and that nc
! state OF this Union shall make or entoTce
! any law which shall abrtdEe the pri ivIiese5 OF
7 iuulunifies of citizens of the United oLateH
nor shall any state deprive any Person o
life, liberty or property without due proceS-
| OF law: nor deny TO any psfssOn within It's Ju-
I risiiction the equal protection OF the laws
L aud the Con sress shall have poWerlpy apP.o-
l pirate legislation TO enforce this PROVISION
Sir, it is the nations expressed will