The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-17

ject with which the army is sent
there. Why, sir, the Constitution of
the United States makes express res
| ervation of all such power to Con-
gress. Itexpressly declares that Con-
gress shall have power TO make
rules for the government and regula-
ton of the land and naval forces"
The Executive has nothing to do with
it. Congress is the only and the con-
trolling power. Congress has enacted
the rules and articles of war. Could
the President of the United States
interfere with those? Could he add
new articles, new rules. new reguia-
tons? Certainly not. The military
officers that were sent as commanders
as agents of Congress. To be sure.
the original bill provided a military
supervision simply. and We had in
tended to follow ii up with a law put
ting reconstruction in the hands of
civilians. That is what [ should have
been disposed to do now, land [ had
prepared a bill with that view.) using
the military simply as a police and
appointing civilians to reconstruct.
But if Congress chooses to take Off
GERS of the Army and assign them to
| this duty, they then become the agents
of Congress, and neither the Presi-
dent nor any officer under him has
any right to interfere or do anything
but execute what Congress commands.
Now, sir, it being reduced, | think,
| to a plain proposition, that Congress
is the only power that can reconstruct
and reclaim these outlying States, the
| President had no right to call upon
the Acknowledgement or any other Of
ficer of the Government to interfere
in any manner in such reconstruction.
There is but one appeal, and that is
either to the agents appointed by Con-
gress or to Congress. 1t has been
we'll decided in DORIS case, that all
power on the subject is vested in Con-
gress. But, sir, we need not look to
any such decision. 1t ought to be
known before this time by the Presi-
dent of the United States it is
known, | trust, by the scholars in
every colored school In this district
that the Constitution of the United
States does not apply to any
ties to the Constitution; they
art Tic COuItdCSAuS pOWOIo tuCy arc
the substantive body. Territory,
however, acquired by purchase or
conquest, or by inheritance, is the
property only of that substantive
power, Of hat power bound up by the
Constitution, and that power alone is
governed by the Constitution, but
does not extend for any purpose into
any Territory or conquered Province.
Why, then, talk about the Constitu-
ton regulating the action of Congress
in a Province, in a Territory, In a con-
quered State, whether conquered from
a legitimate State or an illegitimate
State?
Imay be asked how we would treat
the confederate States of America 2
Just as Congress chooses: They are
our property; their citizens are our
subjects. Their lives, their liberties
are subject to the supreme will of this
body, always controlled by the laws of
nations, the laws of war, and the laws
of humanity. There is no other
power on earth; there is no branch of
the Government; there is no power
in the Government, except what |
have mentioned, that has any right to
interfere or to say n word on the
subject. IF you wish to punish the
malefactors for violated majesty, that
is another matter. Possibly you
might do so through your courts of
justice. At least you mn ht attempt
it, but | do not suppose you can do it.
But there is q thing clear: that
territory not being yet declared by
Congress to be in a state of peace or
restoration is under the military au-
thority Of the Government, and any
tribunal constituted by the military
authority, any military tribunal; any
court-martial can try any one of these
who belonged to the belligerent for
ces. Jefferson Davis, or any man of
the army ofthe confederacy conquered
by US, is this day liable to trial by mill
tary tribunal and to sentence. Mr..
Speaker, while | would not be bloody
minded, yet if [ had my way [ would
long ago have organized a military
tribunal under military power, and
| would have put Jefferson Davis and
all the members of his cabinet on
trial for the murders at Anderson
vile, the murders at Salisbury, the
shooting down our prisoners of war
In cold blood. Every mau of them
is responsible for those crimes. 1t
was a mockery to try that wicked fell
low, Wirz, and make him responsible
for the acts which the confederate
cabinet was guilty of. OF course
thew should be condemned. Whether
they should be executed afterward [
give no opinion. l would carry out
ment, the justice Of the country re-
quired. l would carr it out through
the legal tribunals that. l have men