The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1868-09-15
THE CONSTITUTIONALITY
OF THE Acrs OF RECONSTRUCTION.
From the Speech Of the Hon. Matt. Carpenter, in
a- Chicago, August IL.

|
| The only real issue made. by the par
ties, the only doctrinal difference in the
two platforms which arises to anything
like first class Importance, is that which
relates to the constitutionality of the
reconstruction policy of Congress.
This little squabble about paying off
our debts-this little question of univer-
sal suffrage, and a few other things very
important themselves, are questions
which relate to the administration of the
Government after you have got Gov
ernment to be administered. But the
great question arises above that-which
involves peace and war, which touches
the life of the nation, and touches our
existence as one people under the Con
stitution of the United States; and I
propose this evening, because I have
been requested to do so, and because l
think it important in itself to discuss,
| for short, as well as am able, under
question OF the constitutionality of these
reconstruction laws. I cannot make
such an argument funny nor amusing,
but will try to state clearly and dis
tincuy the grounds upon which we de-
fend that legislation. To do this, We
must inquire into the facts of the case.
What is the situation Of the things to
which Congress was compelled to apply
its reconstruction policy? But to save
words, let US take the State of Georgia
as illustrating the whole principle, for
| what is true Of one State is, of course,
true of two::or three out of all. Georgia
was one of the original thirteen States,
and entered this Union by adopting
constitution She had State govern
ment organized in harmony with the
Constitution of the United States, under
State Constitution which required all
her officers to swear to support the Con
stitution of the United States. That
government continued in existence, as
we all know, down to 1860 or 1861, when
the majority of her people, having de-
termined to throw off their allegiance
to the Government of the United States,
= -
and levy war, if need be, to make that
declaration good, and to make Georgia
an independents nation-organized a new
State government in Georgia, and that
government went into practical opera
ton, and was supported by the people
during the entire continuance of the
war Now, if those leaders, after they
determined to levy this war, had called
convention and framed new State
government, with new officers, and levied
war upon the old State government of
Georgia, and supplantei it, and then
had entered into the Southern Confeder-
acy, and levied war upon the United
States, there would be no difference of
opinion in this assertion that the govern
ment which had com to exist by that
proceeding in Georgia was no govern
ment in the Union Of the United States
And yet, in legal, constitutional sense,
the people Of Georgia did what was
precisely equivalent to this. They called
constitutional convention, and they
took the old constitutional State Gov
ernment, changed it in every essential
particular which was essential to its ex-
istence as State Government Instead
Of requiring its offices to swear to sup
port the Constitution Of the United
overthrow that Constitution. They
severed in every particular every cord
and bond which bound them as State
or community to the Constitution and
Union of the United States. By so do
ing they created, in loyal contemplation,
a new Government as much as they
would in the case which have supposed,
of their calling a convention and fram-
ing a new government with new officers
The government which they created by
taking the old constitution and moulding
it to their views, was no government
which had been in the Union since the
adoption of the Constitution. It was
no constitutional government in any
sense, but only an organization in deadly
antagonism to the Constitution of the
United States; and under that constitu-
ton the people of Georgia organized,
and gave their voluntary allegiance to
that State government, went into the
Southern Confederacy, and levied war
upon the United States.
Well, after while the war came out
just as every man who believes God sits
on His throne, and prefers truth to false
hood, justice to injustice, liberty to sla
| very mioht have predictad IL wo,,ld
come out - 1t came out with the triumph
of all good things over all bad things
loud applause, And our armies
swept every thing before them, and de-
| rn0liahed every citidol md atropexL <,axl