The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-02-21

the courts; that 10 10 purely poh'iSn me.
and therefore the determination OF Congfess
that raising up colored men TO the rgn!
suffrage 10 means necessary TO the exeou''o'
Of that power /, ID . determination which o,n
not DO reviewed by the courts. ana conoio
sivs upon the people Of this country.
The President OF the United States, assumlnl
that he had the power to execute this guaranty
and basing his proclamation upon u, went i9r
ward In the work Of freconstruction. TWAS unde,
stood at the time-it wss 20 announced' u mo-
by himself. at least formally BY the Secretsr,
Of State, Mr.. Seward-that the government,
which he would erect during the vacation o.
Congress were to be erected 40 provisional on
ly: that his plan OF reconstruction and th'
work that was to bs done under II would os
submitted to Congress for ns approval or dls.
approval at the next session. II the President
had adhered to that determination l believe
that oil would have been we'll, and that the
present state Of things would not exist. But,
air, the Executive undertook finally to execute
the guaranty himself without the cooperation
OF Congress. He appointed provisional gov;
ernors. giving to them unlimited power unil
such time 40 the nsw State governments should
be erected. He prescribed in his proclanstiou
who should exercise the right Of suffrage In the
election Of delegates. And allow me for one
moment to refer to that. He says In his proc
nation
No person shall bs qualified as an eleotor, OF
shail he eligible as o member Of such convention,
unless he shall have previously taken ana sun
soribed the oath OF amnesty. as tet iorth IN shs
Presidents Proclamation OF May 20. A.. ID. leoS-
which Was issued on the same day and was .
part Of the same Transaction
And is . voter qualified - prescribed ny the con.
stitution and laws OF the STATE Of NORTH CsrSiina
A, ID. 1881.
The persons having the right TO vote must
have the right TO vote by the laws Of the State.
and must, In addition TO that. have taken the
oath OF amnesty. The President dsfranchised
In voting for delegates to the conventions from
two hundred and dry thousand to three hun
drcd thousand men. His Acknowledgement was
far greater than that which has been done by
Congress. In the proclamation Of amnesty be
says.
The following classes OF persons are excepted
from the benefits Of this proclamation
He then announced fourteen classes Of per-
sons
All who are or shall have been pretended civil
or diplomstsc officers. or otherwise domestic or
foreign agents, Of the pretended confederate gov
eminent.
II. All persons Who have voluntarily partici.
pated In said rebellion. and the estimated value
Of whose taxable property 10 over twenty thou
sand dollars.
And twelve other classes, estimated to mum:
Der at the least two hundred and htty thousand
or three hundred thousand men. while the dis
nchisement that has been created by Con.
gress does not extend perhaps to more than
forty-6ve thousand or ffy thousand persons
at the firthest. These provisional governors,
under the authority OF the President, were to
call conventions; they were to hold the cleo.
tions, snd they were to count the votes; they
weretO exercise oil the powers that are being
exercised by the military commanders under
the reconstruction acts OF Congress. After
those constitutions were formed the President
went forward and accepted them as being 10y
al and republican In their character. lie au-
thori1ed the voters under them TO proceed to
elect Legislatures, members OF Congress. and
the Legislatures to elect Senators To take their
seats in this body. In other words, the Presi-
dent launched those State governments into
full life aud activity without consultation
with or cooperation on the part OF Congress.
Now. sir. when II Is claimed that these gov.
ernments are legal. let 1t be Remembered that
they took their origin under q proceeding IN
stituted by the President OF the United States
In the execution OF this guaranty. when IL now
stands confessed that he could not execute the
guaranty. But even u he had the power, let
Il be further borne In mind that those constitu-
tons were formed by conventions thst were
elected by less than one third Ut the white
voters In the States at that time; that the con-
yentions we're elected by q small minority even
of the white voters, and that those constitu-
tions thus formed by very small minority
have never been submitted to the people Of
those States for ratification. They are no
more the constitutions of thuse States to-day
than the constitutions formed by the convrn.
tions now In session would be u we we're To
proclaim them to 10 the constitutions of those
States without having fret submitted them to
the people for ratification. How can II be
pretended for y moment. even admitting that
The President had the power to start forward
In the work Of reconstruction, that those
State governments are legally formed by .
small minority, never rati6sd by the people,
the people never having had q chance to vote
for them. They stand as mere arbitrary con-
established not by the people Of the
several States. but simply by force Of execu-
live power.
And, sir, IL We shall admit those States to
on this hoor and In the other
House under those constitutions, when the
hing shall have gUt beyond our keeping and
hey are fully restured 10 their political rights,
hey viii then rise up and declare that those
are not binding upon them, that
hey rever made them; and that will throw
hem of, and with them will 60 those proyis-
ons which were incorporated therein, declar-
ng that slavery should never be restored aud
that their war debt was repudlaied. Those pro.
visions were put into those constitutions, but
hey have never been sanctioned by the people
u those States, and they will cast them out as
L.. skais onka nd Iaol AZ thew
hall have been restored 10 political power In
his government. Therefore { say that sven II
4 be conceded that the President had the pow.
,r, which he had not, 20 start forward In the
execution Of thi. guaranty, there can still be
10 pretense that those governments are legal
md authorized, aud that ~s are bound to rec
,gnile them.
The President Of the United States. In his
proclamation, declared that those governments
vere 10 be formed only blythe loyal people OF
hose States; and I beg leave TO call the atten-
ion OF the Senate 10 that clause In bis procla.
nation OF reconsiruotion. He says;
And with authority 70 exercise. within the limits
" sad state, all the powers necessary and proper
70 enable such loyal people of the stste ot North
70 fsssS.s sS :sa s:!s 70 m
Again. speaking Of the army
And tney are enlOlneu 70 aOstalu HOul. ~ huy
ray. hinderiny. impeding. or discourAxing the
oyal people from the or ti0n OF state gov.
'rnmont rs herein authorised.
Now, sir, % fsr from those State govern
nenis having been organized by the loyal peo'
pie, they were organized by the disloysl
very Office passed Into the hands OF rebel
he Union men had no part or lot in thoss gov
and - far from answering the pur-
,ose for which governments are intended, they
allied 10 extend protection to the loyal msn,
'ithsr white or black. The loyal men were
murdered With impunity; and ! will thank
my Senator upon this door to point to SIN
,ls case In any Of the rebel States where . reo.
/ has been tried and brought ~ .puuishm.nt
" the civil authority for the murder OF Un-
on man. Not one case, an told, can be
ound. Tho.e governments utterly failed In |
the purpose Of civil goveruuents;
Isd not only that, but they returned the col. |
,rpd people To condition Of quasi slavery; |
hey msde them the slaves of society instead Of
,eing, % they were bsfore, the slaves Of indi.
Under various forms Of yagrsnt
avs they deprived them Of the rights Of free.
men, and placed them under the power and
control Of their rebel masters, Who were oiled
nth hstrei and revenge.
But, Mr.. President, time pAssed on. Con-