The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-10-05

4 limited that Congress rs thus supreme over
the constitutional eloyal States, and yet de
s. MED that It possesses any power to prescribe
the terms of reconstruction for the lately in
surgent districts, which it has conquered
into subsection
Further, Mr. Websterin his speech against
4 theDorr Constitution of Rhode Island said
that the will of the people of State must
be ascertained by some previously prescrib-
ed rule of law, otherwise the proceedings
would be revolutionary. But if this process
is to be prescribed by previous law, what
power is to prescribe that law in the case of
the rebel States Not the rebel States,
surely, for they are dead. They have no Con-
stitutional existence or organization what
ever The power to re- animate them lies
without; it is vested in Congress. Thus,
even upon the superstition that the will of
the people of the rebel States is to make the
law, it is Congress that must move in the
first instance and prescribe the channel for
| its expression. Il .--...s..i - y 81
If the right of Congress to fix the terms
rof reconstruction were found no where else,
it would flow from the power to provide for
the general welfare and the absence OF any
express clause to forbid the exercise of this
power. '.ryi.#.g.. 10 p, /
But it is found elsewhere and found album
dainty. 1t results from the right to declare
war; If Congress has the right to declare
war for the acquisition or the subsection of
territory, it surely possesses the power to say
how this territory is to be disposed of. How
absurd the theory that Congress has power
to wage war for specific purpose and pos
sesses no right to accomplish this purpose
after the war has terminated If Congress
may organize armies to conquer, it may sure
ly organize governments to protect
In addition, the rebellion gave to the Uni
ted States belligerent rights, and this was adj
judged Ivy the Supreme Court after solemn
argument by learned counsel when they de :;
clded that property belonging to the resi-
dents of the belligercnt territory, was liable
to capture and condemnation as lawful
prize. II, then, the United States had be-
ligerent rights, it has the right to demand
indemnity for the past. as we'll as security
for the future The nation has not yet de
mantled indemnity, but has contented itself
with the simple requirement of security for
the future.
But the single argument, which is suffi-
cient to overcome all objections to the
constitutionality of the Congressional plan
of reconstruction, arises from the very ne
cesslty of the case. Congress must have
jurisdiction over all the territory of the Uni
ted States where no other governments: exists.
This was the opinion of Chief Justice Mar
shall, and he laid it down that the right
to govern naturally resulted from the right
to acquire territory. The only question that
could arise would be between the local gov
eminent and the general government, and in
the case of the territory of the conquered
rebel States, the local governments are as
dead as the act of secession itself
have thus attempted to show first, that
when the rebel States, in their organic capac-
ity as States, levied war against the United
States, they forfeited all their rights as States
under the constitution; and second, that
Congress alone has the power to re-organize
State governments and to
prescribe the conditions of such organiza- =
ton. This brings us to the second division
of the subject, which is, Tile Erpelliency Of
tile Congressional Policy.
These conditions of reconstruction, Con-
gress, in it wisdom, has seen fit to prescribe.
They may be reduced to four in number and
are. l. The Equality of all men before the
law and at the ballot box g. A Just and
uniform basis, of representation i'll the ma
tional Congress. 3. The exclusion of lead
ing rebels from office. 4. A guarantee for
the payment of the national debt They
are contained in the Civil Rights Bill the
IL.
Let US examine them separately and see if
they be not wise, generous and just.
1. The Equality of all men before the law
and at the ballot box
The propriety of this condition will be
the more apparent if we consider the causes
which led to the separation of the colonies
from Great Britain and what this govern
ment was intended to be. No..
England represented the ideas of the old
world. Her whole social and political IA
brio was built upon the doctrine of CASTE
The odious dogma of Divine right was no
longer thrust extensively forward, but the
practice remained the same. The king was
the fountain of honor. Some were born to
rule: Others were born to obey. Some in
herited fortune dignities and powers; 9th
ers inherited poverty, toll and suffering
England said all men are not created equal.
i All men are created equal and endowed
with certain inalienable rights" shouted
back America across the sea, and the echoes
of that exultant cry of human emancipa-
ton have not yet ceased to reyerberate
through kingly Europe. 1t is this absence
of all aristocratic privilege and the equality
of American citizenship that makes the
down-trodden and the oppressed of all ma
tons pray for our continued prosperity
1t is this that makes the American flag rever-
ed by every lover of the human race. Sla.
very was the only element to mar the beauty
and to disturb the harmony of our free in
situations. This reminds us that there was
) special reason, Winch had its effect in in
ducing Congress to lay down this condition
Of re- construction.
The African race had been emancipated
and the nation had become responsible for
their protection. The Conventions and Lee
yislatures of the rebel States had refused to
extend civil or political rights to these peo-
pie So far from this, the black code was
revived, and it was hoped that, by judi
,ious system of.yagrant and apprentice laws,
The race might be reduced to serfdom, if not
TO actual slavery. This threat of re-enslave.
ment was uttered in the Senate of the Uni
ted States by Mr.. salisbury of Delaware
MIR. Wiley, Senator from West Virginia,
threatened the same thing In the name of
States Rights. Judge Humphrey at So
called Union meeting in Huntsville, Alaba-
,ama said that after return to the Union
hey would receive political cooperation, so
IS to secure the infringement of the labor of
heir former slaves. And this was the pre-
railing sentiment. The great question was
low to get that labor without paying
or it. In several of the military districts,