The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-01-30

gress. Alter those constitutions were
formed the President forward and
accepted them as being loyal and
republican Ia their character. He
authorized the voters under them to
proceed to elect Legislatures, mem
bers Of Congress, and the LegIsla-
lures to elecs Senators to take their
seats in this body. In other words.
the President launched those State
governments into full life and activity
without consultation with or cooper
alton on the part of Congress. Now
Sir,when it is claimed that these govf
ernments are legal, let it be rememb erl
ed that they took their origin under
proceeding instituted by the Presi-
dent of the United States in
the execution of this guaran
tee, when it now stands confessed that
he could not execute the guarantee.
But even if he had the power, let 1t
be further borne in mind that those
Constitutions were formed by Conven-
tions that were elected by less than
one third of the white voters In the
States at that time; that the Conven
tions were elected by small minority
even of the white voters, that those
Constitutions thus formed by a very
small minority have never been sub
nlitted to the people of those States
for ratification. They are no more the
Constitutions of those States to-day
than the Constitutions TO med by the
Conventions now in session would be
if we were to proclaim them to be
the Constitutions of those States
without first having submitted them
to the people for ratification. How
can it be pretended for moment, even
admitting that the President had the
power to start forward in the
work of reconstruction, that those
State Governments are legal, form
ratified by the people. the people
never having had chance to vote
for them? They stand as mere arbi-
trary Constitutions, established not
by the people of TIE several States,
but simply by force of executive pow
err. And, Sir, if we shall admit those
States to representation on this floor
aud In the other House, under those
/ Constitutions, when the thing shall
have got beyond our keeping and they
are fully restored to their political
rights, they will then rise up and de-
clare that those CONSTITUTIONS are not
binding upon them, that they never
made them; and they will throw them
off, and with them will go those pro-.
+ visions which were incorporated there
/ il, declaring that slavery should never
! be restored and that their war debt
was repudiated. Those provisions
we're put into those constitutions, but
I they have never been sanctioned by
/ the people of those States, and they
will cast them out as not being their
f act and deed as soon as they shall
/ have been restored to political power
/ in this Government. Therefore say
that even if he comedies that the Pres
ident had the power, which he had
not, to start forward in the execution
I of this guarantee, there can still be no
pretense that those governments are
legal and authorized and that we are
bound to recognize them. The Pres
ident of the United States, in his proc
lamation, declared that those Govern
ments were to be formed only by the
loyal people of those States; and [
beg leave to call the attention of the
Senate to that clause IN his proclama-
ton reconstruction. He says:
"And with authority to exercise, within
/ the limits OF said State, all the powers ne
/ ceSsary and proper to enable such loyal
people of the State of North Carolina to
restore said State TO its constitutional re-
1ations with the Federal Government"
Again, speaking of the army:
"And they are enjoined to abstain from
in any way hinde. ing, Impeding, or DIS
couraging the loyal people from the organ
izalioh OF a sta g government as herein
authorized" -tG fHAif
Now, Sir, so far from those State
governments having been organized
by the loyal people, they were organ
lied by the disloyal; every office
passed into the hands of rebel; the
Union men had no part or lot IN
those governments, and so far from
answering the purpose for which gov
erments are intended, they failed to
extend protection to the loyal men.
either white or black. The loyal
men were murdered with IMMUNITY,
and will thank any Senator upon this
floor to point to a single case In any
of the rebel States where a rebel has
been tried and brought to punish
ment by the civil authority TOR the
murder of a Union man. Not one
case, | am told, can be founds Those
governments utterly failed in answer
ing the purpose of civil governments
and not only that, but they returned
the colored people to a condition of
quasi slavery; they made item the
slaves of society, instead of being, as
they were before, the slaves Of indi-
viduals. Under various forms of va
grant laws they deprived them of the
rights Of freemen, and placed them
under the power and control of their
rebel masters. who were filed with