The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1867-07-26
MosM nl,e. FREMONT

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defend their Prst:naions. We, At .hs period
when We declared against them stoeLade
admitted them 10 be, not an Independent "a
/ tian, bat an independent belligerent rising
shove The rsnk of insurrectionists, and enti-
tied to eli the privileges and subject 10 ali
the liabilities Of IN independent belligersnt.
The nations Of Europe 50 treated them. We
] 90 treated them in our dealings with priso-
ners Of war. 10 short there could be no
doubt Of The fact
We were, then, at war % lro independent
| nations; and it depended upon the will Of
the eonq9eror whether tbs defeated party
should be treated msrely ~ vanquished
nation, or whether We should, in addition,
punisk them O. individuals for the violation
of the sovereign rights sf The Bssiou. We
conquered. What did We eonquerf We
conquered she confederate government We
conquered all the States forming the eoDfed-
crate government. We conquered govern
msnt that had been. erected and maintained
By those who declared that they owed no al
legiance to the Government Of the United
States. For these conquered rebels to pre-
tend that they had any rights under Con-
stitutiou which they had thus Fepudiated and
attempted TO destroy, aud that the States
which had been arrayed in hostility 10 the
Inatioh were stin States within this Union. a
asserted to-dsy By the gentleman froui Wis
icoDsiD, Ar. EIDRiDGE,1 seems to me q bold
Iahsurdity. \ ct that vas the doctrine Of the
President. That ID the doctrine which some
IgsntleDan maintain here.
Under military law We treated them as
iconquered princes. What ia the law with re-
IgaFd TO provinces conquered from a foreign
Il - A.l1.
Iquer territory from foreign nation or an in
dependent belligersnt, the territory thus con-
Iquered ID governed by military power, By
the Comnander-in-Ch Chief Of the Army, being
IN this cass the President, until tie iegisIa-
tive power Of the nation shall kaFs spoken
land directed what laws shall govern. But
the moment the legialafive power of the ma
ton interpOses the military authority ceases
to have sway, and the Chief
hzs no more to say in regard to this matter
than corporal Of militia. he is to do just
what the legislative power orders him to do,
and be can do nothing else.
\ A great deal 10 said about the President
acting as CommaDder-in-C Chief Of the Army.
Until he was superseded in his authority BY
Congress / have no fault to find with his
maiBtsining military rule in the South. Bot
ks assumed 10 exercise legislative powers;
be assumed to establish governments; he as
suuaed to appoint civil officers; he assumed
that these conquered provinces should come
back al once 10 the enjoyment Of all the
rights Of loyal States under the Constitution,
|and be entitled 10 ali the privileges which
they had possssssd prior to their rebellion.
Nov, sir, as said before, nothing Of this kind
came within the power Of the COmmander-in-
Chief. What 10 the duty Of The Commander
|in.Ohisfs If Congress sends an army 10
|qsell the Indian war in Nebrasks, what il
the OommandeF-insChisf to do Congress
orders that army TO go there, Ii raises and
equips the army. What do the officers do Z
They paa no act Of Legislation; they go
thaFs and order the troops when to charge
and when TO retreat; they drill them; they
put them through military exercises. But
they can do no act that looks ike regulating
the object Of the war or the object with which
the army In sen. there. Why, sir, the Con
stitution Of the United States makes express
reservation Of all such power to Congress-. II
expressly declares that Congress shall have
power ''te make rules for the government and
regulation Of the land and naval forces" The
Executive has nothing to do with it; the iu-
dietary have nothing TO do With it. Con-
gress is the only and the controlling power
Congress has enacted the rules and articles
of war. Could the President of the United
States interfsrs with those Could he add
new articles, new rules, new regulations
Certainly not. Ths military officers that
were sent as commanders in the States were
simply appointed as agents Of Congress. To
be sure, the original bill provided q military
supervision simply, and We had intended to
follow It up with law putting reconstruction
into the hands Of civilians. That is what /
should have been disposed TO do now, (and
had prepared = bill with that view, using
the military simply a. police and appoint
ing civilians to reconstruct. But If Congress
chooses to take officers Of the Army and as
sign them TO this duty, they then become
the agents Of Congress, and either the Pres
idsnt nor any officer under him has any right
TO interfere or do anything but execute what
Congress commands.
Now, sir, it being re6nced, I think, to q
plain proposition that Congress is the only
power that can reconstruct and reclaim these
outlying States, the President had no right
70 call upon the Attorney General or any
other officer 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 Congress or to Congress.
Ii has been well decided in DORIS case that /
all power on this subject is vested in Con |
gress. But sir, We need not lock 10 any such |
decision. 1t ought to be known befJre this |
time by the President Of the United States
it is known, trust, By the scholars in every |
colored school in this District-that the Con- |
atitutien Of the United States does not apply |
to any Tertiary. The States are parties to |
the Constitution; they are the contracting |
powersi they are the substantive body. Ter
ritory, however, acquired by purchase or |
conquest OF BY inheritance Is the property |
only Of that substantive power, Of that pow
er bound up by the Constitution, and that |
power alone il governed by the Constitution,
but does not extend for any purpose into any |
Territory or conquered province. Why, then,
talk about about ths Constitution regulating |
the action Of Congress in province, in |
Territory, in . cong uered State. whether con-
queFed from legitimate State or an inegiti- |
mate State
Confederate States Of America2 Just a. |
Congress chooses. They are our property;
THAR citizens are our subjects. Their lives |
of this body, always controlled by the laws
Of nations, the laws Of war, and the laws Of |
humanity. There 10 no other power on earth; |
there il no branch Of the Government; there
IL no power in the Government, except what
L have mentioned, tha. has any right to in
tsrSers or 10 ssy one word on the subject II
you visa 10 punish the maleiactors for vio-
lated majesty, that Il another matter. Possi- |
bly, you might do 50 through your courts Of
justice. At least you might attempt it, but
z do not suppose you can do it. But there il
one thing clear; that territory not being de-
clared BY Congress to be in a state Of peace
or restoration is under the military authority
of the Government, and any tribunal consii-
|tuted by the military suthority, any military
tribunal, any court-martial can try any one
Of those who belonged to bslligerent forces.
Jefferson Dayis, or any man Of the army OF
the coufedsracy conquered BY ~, is this day
liable to trial BY military tribunal and to
sentence. Mr.. Speaker, while would not
bs bloody minded, yet If l had my way i
would long ego have Organized a military
tribunal under military power, and woald
have put Jefferson Davis and all the men,
bers Of his cabinet on trial for the murders at
Andersonville, the murders st Salisbury, the
shooting down our prisoners Of war in cold
blood. Every man of them is responsible
for those crimes. It was . mockery to try
th.f w;ekad fsllow Wirz and snaka him no.