Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-09
CONGRESSIONAL.
TUESDAY. July o.

TUESDAY. July 3.
SEfArK.- after the reading OF
Mlr. Trumbull moved that the Senate pro-
coed 70 the consideration OF the Reconsruction
bill reported BY him yesterday.
,,, ms; Snmn s nopea MOI s ne hoped little
ness. He wished TO call mp his resolution 70
resctnd the resolution OF Friday. He appealed
to the Senate 10 take this up.
Mr.. Fessenden reminded Mr.. Sumner that
he yesterday said he should keep this resolu-
ton before the Senate every day; so that no
good would be accomplished by voting on IL
now.
Mr.. Sumner said he would not keep it be.
fore the Senate longer than It took to pass II.
Mr. Fessenden.-But suppose it is voted
down to-day.
Mr. Sumner.-Tten shall regard that as a
wrong conclusion, and govern myself accord
ingIy: ...,o
Trumbnlrs motion, and the reconstruction
bill was taken up.
Mr.Trumbull Before proceeding further in
the consideration OF TINS bill, deem it proper
TO present TO the Senate some OF the censidera-
lions which, in nv own Judgment, aud in the
Judgment OF the committee. have rendered this
legislation necessary, and also to explain tine
provisions OF the bill witch has been reported.
The necessity for this legislation arises entirely
ont OF what is conceived to be misconstrnc-
tion of the reconstruction acts passed at former
and carried out in The spirit in which they
were conceived, it is believed that this addi
tionai legislation would have been unneces
sary. The occasion which gave rise to these
reconstruction acts was this: It was believed
on the part of Congress that no legal govern.
ments existed in the rebel States, and that these
States were still properly subject to military
control TINS was the theory upon which Con.
grP=s acted This was the evil VIII CHI il was
designed TO remedy. And these bills, known
as the reconstruction acts. were Intended to
furnish the machinery for inaugurating
proper civil governments in those States
and restore them to their legitimate po-
itions in the Union. II Congress was
wrong in this position, then this whole legisla.
ton is wrong has no foundation in the Con
stitnton, and cannot be sustained. For
moment will ask the attention Of the Senate
diticn OF the country when these bills were
passed or rather of those rebel States! Five:
yes, SIT, six years before the legitimate State
governments in every one of them had been
overthrow by force of arms, and the enemie,
OF the country had taken full aud complete
possession OF these rebel States, and had set up
hostile governments in every one of them
they were as completely hostile to the United
States as was the Governmrnto of Great Britain
duriIg the war OF 1912. They raised armies
and sought to maintain their hostile attitude
Every ves'lge OF Legal authority, so far as ths
United STATES We're concerned, was utterly
oyerthrown. After protracted war OF toaI
years, attended with great expense and cres
loss of ffe the Government Of the United
States succeeded, by force oil arms. in crushing
out these inimica governments, in overthrow.
ing the enemy. What then was the condition
rebel States. Coniessedly they had no civil
government whatever. The governments
which existed before the war had been
for years PXiinguIshed, oyerthrowp and
destroyed. The governments of the enemies of
the Country we, ourselves, by force OF arms
had put down. Now, as q necessity resulting
from the conflict OF arms, and growing out OF
the bellieerent character of this contest our
military ha d control over the people of those
States. Why: Because there was no other
government there. The enemy's government,
nf on II rs . nff ha n tod
expense of millions and hundreds OF millions
~Of money. and thousands and hundreds 81
thousands of lives we had destroyed it. Tie
enemies OF the country had DESTROYED the
legitimate government Then to prevent an
archy, and to preserve the peace our military
commanders had authority to control tempo
rariiy the people whom they had Conquered
tor this was conquest; ii was the overthrow
OF tie governments OF the enemy, and the an.
thortiy OF our armies to govern them nv the
power OF the general and the soldiers, was
Just as complete in Carolina as in California
when we conqured II from the Mexicans I
think all will admit. that tor period O, tins
some may make it shorter than others but for
some period of time whether day or week
month, or year, the military had aufhori
ty toiprs serye the peace and govern the coun
try, As far as necessary for that purpose until
civil government could be inaugurated. Now.
how long this military government corld be
continued is question left in the discretion
OF TIE sovereign power OF the United States
exercising ITS authority in the spiri. of our
institutions. and in subOrdination OF the con-
stitution. agree sir. that this military pow.
er should not be continued day longer than
is necassaryro the res Grafton of civil gov.
eminent In these rebel States which are loral
10 the Union and true to the constitution Rat
how long that is 10 be is to be decided by the
circumstances OF which the sovereign gov.
rrnmenf-the Congress OF the United States
is to Judge. Not the executive nor the iudi
cial tribunals. 1t is a question over which
the judicial IrihnnI can nave no iurisd,ction
They cannot Try political qnesEioDs They
Nv nf fkap bar
parfments OF the government. Now, sir this
military authority was continued by the Pre-
sioent OF me uni'ed States for time in the
absence OF any legislation by Congress-and
rightly continued. The President of the
United States. then. while the military power
was IN existence. undertook to inaugurate
civil governments in these States. HAD the
civil gos eTnmenls which he undertook 70 in
auguTate been managed nv men true TO the
country and loyal 10 he Union, they would
have beer recognized. and the whole question
would have been settled lon Q ago: but inform
naiely the enemies of the country, the very
men who set up the hostile governments
winch cost so much money and blood 10 over.
tbroW, look possession OF the new govern.
ments. and The Congress of the United States,
when 1t assembled. fin ding this 10 be the con-
orion OF tbires, and that the President had
WlthdraWh the military power and LEFT these
governments in the hands OF the very men
who had controlled them during the war.
decided iha they were not Legal governments
but provisional merely: not absolutely null
and void. but existing by sufTerance only
congress then proceeded 10 declare that there
be Hg no legal governments in those States
the military power should be restored, and
shouId be exercised over those States untiI
civil government could he SCI up thereto
Mr.. Trumbuli then adverted to the op,uiou
OF me AuoTn ey General. which ne character
lied az in many respects prepos srous. and ia
conclusion he explained the provisions OF the
bill before the Senare.
Mr.. Wilson reported thar the Commits ON
The judiciary had reported the second sec
ton OF the bill. which authorizes the com.
mandlng generals to remove civil officers in
stead OF reporting section yacating all ciyil
Offices In the South, as contained in the bill
which he Mr. Wflson) had offered He be-
lieved II tins bad been done as he advised last
winter. the friends Of reconstruction would
to-day be fifty to one hundred Thousand
stronger in the rebel States then thew are
Ninety. nine out of hundred OF these officials
are olsloya1 men. In some States thew are be.
having well. There were no military officers
in the South to detail for civil duties as pro-
yided in this bill, and IL there Were il would
not be proper to use them for mat purpose
The Debate was further con ued by Messrs
ConkllnR, Wilson, and others.
MT Wilson moved TO amend the bill by
striking out the second section and inserting
IN lieu thereof section vacating all civil Of
fices In the rebel States and authorizing the
military commanders to fill them BY appon1
I2eDts or reappointments.
HOUSE The reading OF the Journal having
been dispensed with