Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-02-04
RECONSTRUCTION.

The Supplementary Reconstruction Bill,
comforting detatorial powers upon Gen. Grant
is still under consideration in the Senate, and
a number Of speeches have been made in its
support, and several others in opposition to
its passage. On Thursday last, after the ex-
piration Of the morning hour,
Mr.. HENDRICKS, of Indiana, obtained the
floor, and said the policy and measures Of Con-
gress, in regard to the South were maintained
upon two points first, that at the end Of the
war there were no legalized State govern
ments in existence there; and, second, that
the power Of Congress to institute State gov
ernments rested under the clause of the cons
stitution guaranteeing q republican form Of
government to the States. Both of these
propositions he denied. The State govern
ments which were in existence at the close
of the war had been organized by the consent
and with the approval Of the people. After
a State was admitted into the Union, and her
government recognized, he denied that it was
in the power of any Convention or any Legis-
lature to legisiate that State out of existence.
This could only be done by the consent of
all the States Of the Union. The war was
not made upon any State, or upon the rights
of any State, but for the sole purpose of re-
tanning such States in the Union. During
the rebellion every act of any Of those States
to promote the rebellion was void, and he de-
MED that any of those States could, as "a ques
ton of law, disturb its relations to the Union.
Practically they were disturbed, but when
peace came that State was restored to the
Ia:Qr in all is former relations, and with all
its laws and ordinances unimpaircd, except
those which were made in furthcrance OF the
rebellion. He regretted that his colleague
(Mr, Morton) was not in his seat as he pur-
posed replying to some OF his arguments SO
cloquently advanced. The views which he
(Mr. H. had just enuuciated he believed to
have been the same as were once held by his
a speech Of his colleague, on Sept 20, 1868.
In that speech it was ably maintained that
once State always State, and the doctrine
of Mr.. Lincoln was upheld, that the rebellion
was an instruction of the people Of the
States; that the people individually could be
punished but that the States could not be
destroyed. His colleague had argued on this
point and in opposition to the ground main
tanned by Mr. Buchanan that it was a rebel
lion of States and there was no power IN the
government to coerce them.
He (Mr. H.) would read from speech
made here in July, 1864, by the President Of
this body, (Mr. Valdez That Senator, in
the debate on the Winter Davis bill, main
tanned that there was no power to destroy the
organization of a State that once State,
was to be always a State. Mr.. II. further
quoted from the proclamation of President
Lincoln in support of his line OF argument.
The clause in the constitution guaranteeing
republican form of government supposes
pre-existing republican form of government,
and makes it the duty Of the general govern
ment to protect that government, This view
was taken by Madison. Story, and all the
commentators of the Constitution. There
was no power in Congress to set up State
governments; all that it had the power to do
was to recognize the government after it had
been made By the people. His colleague had,
in support of his argument, quoted the doci-
sion of the Supreme Court in the Dorr case
of Rhode Island The Supreme Court, in
that decision, did not recognize the power OF
Congress to control aState government, but
proceeded on the assumption that the charter
government having been recognized by the
President, and representatives, OF that govern
mcnt admitted to Congress, that action was
binding on them.
The Dorr government never sent any repre-
sentatiyes up here, and therefore Congress
was not called upon to decide the question
Additional cases before the Supreme Court
which had been cited we're reviewed by MIR.
H.. who contended that the inference drawn
from them by the advocates of the COMPRESSION
al ro!icv. was not warranted. He further