The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-06-16

these men referred to by the President,
who were at their head Jefferson Da-
Wis and Governor Smith, whom the
logic OF the Senator would recognize as
the legal, proper officers of the valid
and su bsisting governments, were the
men who had sworn to support the
governmental organizations set up TO
overthrow that of the United States. II
that be the view of the Senator, 1 leave
him to entertain II, and to answer to
the country for 1t. shall not detain
the Senate by pausing to controvert a
proposition so monstrous; q PROPOSE
ton which thousands upon thousands
of our fellow citizens laid down their
lives, on many battlefield, to de-
nounce and to deny. 1t is nothing less
than a recognition of the rebellion, and
a setting up here, to-day, two or three
wears after the standard of the rebel
lion has fallen, that that standard was
a legal standard and ought TO be recog-
nized by the Senators of the United
States here in their places. Sir, the
people of this country will tolerate
no such doctrine. 1t Is abhorrent to
every sentiment of the loyal heart.
The blood of the Senator's own fellow
citizens, shed in defence of the contrary
doctrine, cries this day from the
ground against proposition SO mon
strous and so abhorrent to The feelings
of every patriotic heart.
Bot, sir, this is going aside from the
line of remark which was following.
only intended to invite the attention
of Senators who deny the authority to
impose the conditions on which the Dill
under discussion proposes TO admit
representatives from States mentioned
in 1t, and who, nevertheless, are the
champions and defenders Of the State
governments now existing in said
States, as organized by Mr.. Johnson,
to some very prominent facts which L
think are worthy OF their consideration.
Let us see how these States were reor-
gauiZed by Mr.. johnson. Now let us
see what Mr.. johnson himself did
about imposing fundamental c0ndt.
tions. One of the objections to this
bill is that it undertakes to impose fun
damental conditions upon the States {;
that they shall not be restored to rep
resentation except on certain conditions
prescribed In the act itself Sir, Is it
possible that Congress has no right to
impose conditions, and yet that the
President, who has no Legislative power,
and, as think, had no authority what
ever in law to set up these Southern
State governments. has the power to
impose fundamental conditions. Let
us see what the President did III the
premises. Here is Il dispatch TO Mr..
johnson, provisional governor of Geor-
Slas uuleu w d9ulnS1ouI OCAooei %
1865. to which l ask the attention of
Senators:
His Rrcellencu james johnson, Provisional
Governor Of Georgia:
Your several kilograms have been received
The President OF Tue United States cannot
resumed tue relations OF loyalty TO the Union
that admits as legal obligations contracted
or debts created in their name to promote
the war vi tue rebellion. ..
WILLIAM Ii. SEWARD.
Warrington, OcioOcr -, 1865.
He imposed this condition. He did
not call IL fundamental condition,
but the terms in which he proposed 1t
made il fundamental. tits IA condition
without compliance with which he
told them plainly the State could not
come back into practical relations with
the Government, and be restored again
to its condition as q State. But, sir,
that was not all. In his con.munica-
ton to Governor Marvin. under date oil
September II, 1865, he concluded his
dispatch as follows:
at must, however be distinctly under
stood that the restoration To which this
proclamation reCers. will be subject TO the de-
cisIOn of Congress"
He makes our approval IA fundamen-
tai condition. Then again, in dispatch
to Governor Perry, under date of No.
vember 6, 1865, among other things, he
says:
1.-THE President considers the acceptance OF
the amendment by South Carolina rs indIs-
pengaUle 10 q restoration or her relations
with the DINER States or the UniOn."
That was the thirteenth constitutional
amendment. This bill has been de-
nounced by Senators on this floor be-
cause 1t requires these States, before
on this floor, to adopt the fourteenth
constitutional amendment; and this
objection comes from the apologies of
the President and the men who declare
that his system of reconstruction is
valid, and right and legal to-day and
ought not to be overthrown; and yet
Mr.. Johnson himself made the very
condition which this bill makes, re.
curing the rebel States TO adopt as n
fundamental condition to his favor aud
acceptance the thirteenth constitutional
amendment.
But, sir. 1 have been carried OF at
much greater length into these matters
than intended. My main object in
rising wnS to notice some objections
urged against the bill under considera-
ton, which 1 will now proceed to do in
a very brief manner.
One ofthe objections to the congress
sional plan of reconstruction, and to
this bill, which is the capstone and
completion of the plan, is that it dis
pdAb Vi Eup "blNS men "a
the southern States, and thus Furnishes
them by an eE post Jdcto law, and that
such a punishment under the circum-
stances is cruel in the extreme and in
opposition to the genius of our institu-
tions and the spirit of our Constitution.
1t strikes me that this is a total misRp-
prehension OF the purpose of this dis
reimbursement. Its purpose is not
punishment. 1t does not look to the
past. II has reference alone to the
future. 1t is true it may be punt
tive In its effect; ii may hurt. If my
hand were lacerated and 1t became
necessary to amputate it that my life
might be saved, and il a surgeon were
to say so. and perform tho operation, il
would not be for the purpose of hurt
ing me, for the purpose OF punishment,
althoughit would be severe punish
ment; II would hurt me severely; the
object would be to save my life. That
is the sole object of this restriction;
that is the sole object OF this disfran-
chisement. Here are men proposed to
be temporarily disfranohised who have
shown themselves faithless in the past;
here are men who went out of these
Halls with the oath of fidelity to the
Constitution OF the United States warm
on the alter of their hearts, and the
breath hardly dry from their lips on
the Bible, to lift up the arms of rebel
lion against the Government that had
nurtuTed and cherished them; and these
men are seeking a reintroduction into
the bodY-politic. If they perjured
themselves to destroy the Government
in times past, ought they to be trusted
without restriction in the future2 Does
not every motive of expediency, to say
nothing OF every principle of Justice,
require that the custodians of the Hber-
ties OF this country should look we'll to
it that there should be some guarantees
that will protect the country from the
treachery of these men by introducing