The national Republican., 1867-07-10
CONGRESSIONAL REPORTS.
Fortl..h Cengr.ss ss-s.eona ramon.
TuDspAr, July ..
SENATE

Mr. Trumbsll moved that the Senate proceed
TO the confederation Of the rsconstruction bill
reported BY him yesterday.
MT sumner hoped not He hoped q little
time would be granted for the morning business
he wished 70 call up his resolution TO resoind
ne resolution Of Friday. He appealed to TIE
Senate 70 take this mp. ||.F
Mr.. Fssssndsn reminded Mr.. Sumner that he
yesterday said he should keep this resolution
before the Senate every day; 90 that no good
would bs accomplished BY voting on II now
M. Summer said he would not keep Il before
tho Senate longer than II took to pass Il.
Mr.. Fssssnden. But suppose Il Is voted down
to-day.
Mr.. sumnsf. Then shall regard that Is q
wrong conclusion, and govern myself accord.
insly: ~: ,...,,.. u.
bulls motion, and the reconstruotion bill was
taken up.
Mr.. Truubull. BsfOr. proceeding further in
the consideration Of this bill, deem Il proper
70 present 10 the Senate some Of the eonsidsra.
tions which, In my own judgment, and In the
judgmsnt Of the committee, have rendered this
legislation necessary, and also to explain the
provisions Of the bill which has bsen reported.
The necessity for this legislation arises entirely
out Of what 10 conceived 10 bs . misconstruction
Of the reconstruction acts passed At former sos.
sions OF Congress. Properly interpreted, and
carried out In the spirit In which they were con.
ceived II 10 believed that this additional logisla-
tion would have bssn unnecessary. Tho occa.
sion which gavo rise 70 these reconstruction acts
was tbs IL was believed on tbe part Of Con.
gress'that no legal governments existed In the
rebel States, and that these States wero still
properly subject to military control. This was
the theory upon which Congress acted. This
was the evil which It was designed TO remedy And
those bills, known - the reconstruction acts,
were intended TO furnish tho machinery for In.
augurating proper civil governments In those
States and restoring them to their legitimate
positions In the Union II Congress was
wrong In this position, then this whole legisla-
tion 10 wrong. has no foundation In the Consti-
tuition, and cannot be sustained. For O
moment will ask the attention Of the Senate
to consider that question. What was the con.
dition Of the country whom those bills were
passed, or rather Of those rebel Ststes2 Five,
yes, sir, six years before the legitimate State
governments In every one Of them had been
overthrown BY force Of arms, and the enemies Of
the country had taken full and complete posses.
sion Of these rebel States, and had set up hostile
governments In overy one Of them, they were
As completely hostile To the United States as va,
the government Of Great Britain during the war
Of 1912 They raised armies and sought To
maintain their hostile attitude. Every yestige
Of legal authority, 90 far n the United States
were concsrnsd was utterly overthrown. After
| protracted war Of four years, attended with
great expense and great loss Of life, tho Govern.
ment Of the United States succeeded, BY force oi
arms, In crushing out these iuimical governments,
in overthrowiDg the enemy. What, then, va,
the condition ofthe people in tho spring Of 1865 10
those rebel States' Confessedly they had no civil
government whatever. The governments which
existed before the war had been for years sx.
tinguished, overthrovn, and destroyed. The
governments Of the enemies Of the country, We
L. r.. II L-l L.
a necessity resulting from the conflict Of arms,
and growing out Of the bslligerent character Of
this contest, our military had control over the
people Of those 6tates. Why' Because there
was no other government there. The enemy g
government, Of course could not DO tolerated,
because at an expense Of millions and hundreds
Of millions OF money, and Thousands and hun.
dreds Of Thousands Of ives.w had destroyed II.
The enemies Of the country had destroyed the
arohy, and to preserve the psaoe, our military
commanders had authority to control temporarily
the people whom they had compensation this
was oonquesti II was the overthrow Of the
governments Of the enemy, and the authority Of
our armies to govern thsm BY the power Of the
general and the soldiers, was Just as complete In
Carolina as in California when We conquered Il
from tho Mexicans. think all will admit that,
for q period Of time, some may make II shorter
than others but for some period Of time, whether
q day, or week, month, or year, the military
had authority to preserve the peace and govern
the country, as far rs necessary for that pur.
pose, until civil government could be iaaugu.
rated. Now, how long this military govern.
ment could be continued Is q question loft In the
discretion Of the sovereign power Of the United
States exercising Its authority In the spirit oil
our institutions, and In subordination Of the Con.
stitution. I agree, sir. that this military power
should not be continued . day longer than
10 necessary to tho restoration OF civil gov,
ernment In these rebel States which are loyal
to the Union and true to the Constitution. Bot
how long that 10 to be decided by the oircum
Congress Of the United States-is 10 judge. Not
the executive nor the judicial tribunals. It Is q
question over which tho judicial tribunal car
have no Jurisdiction. They cannot try political
| questions. They will be bound by the decision
| Of the other departments Of tho government.
Now, sir, this military authority was continued
by the President Of the United States for tim,
In the absenes Of any legislation By. Congress-
| and rightly continued. The President Of th,
| United States, then, while the military pows,
was In existence, undertook to inaugurAts eiyi
governments In these States. Had the civi
| goyernmsnts which he undertook to inaugural,
| been managed by men true to the country ant
loyal to the Union, they would have bsen recog
| niIed. and the whole question would have beer
settled long ago; but unfortunately the onemiei
Of the country, the very men who set up tn,
hostile governments which cost 80 much none,
and blood to overthrow, took possession Of th,
new governments, and the Congress Of the Unitet
States, whom 1t assembled, finding this to be th,
condition Of things, and that tho President hAt
Withdrawn the military power and left these gov
ernments In the hands Of the very men who hat
| controlled them during the war, decided thai
they we're not legal governments but provisions
m mt ahaaI Int NIL at.A L..a ia
Ing BY sudsrance only. Congress then proceeded
to declare that there being no legal government
In those States, tho military power should be 70
stored, and should be exercised over those Ststel
until civil government could be set up therein.
Mr.. Trumbull then adyerted TO the opinion O
the Attorney General, which hs characterized a
In many respects preposterous, and In conclusion
be explained tho provisions Of the bill before th,
| Senate.
| Mr.. Wilson reported that the COMMITTEES OF
the Judiciary had reported the second section o.
tho bill, which authorizes the commanding gon
erals to remove civil officers. instead of report.
ing a section vacating all civil oUces In th,
South, as continued In tho bill which he (Mr
| WILSON, had offered. He believed IL this had
been done as he advised last winter, the friend
Of reconstruction would to-day DO Gfty to on,
hundred thousand stronger In the rebel State
then they are. Ninety.nine out Of hundred
| OF these officials are disloyal mon. In soms
States they are behaving we'll There were NJ
military officers in the South to detail for oiyi
duties as provided in this bill; and II there were
| IL would not be pfoper to use than for that nm