The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-21
qualified. to their constitutional seats in
Refused to Ratify.

qualified. TO their constitutional seats in
Congress.
Refused to Ratify.
Naturally and properly. all OF the
Southern States. with the exception Of
Tennessee. refused to ratifv this amend
ment which they had had voice in
framing or vote in proposing. and which
contained such objectionable and degrad-
ing features Florida in rejecting this
amendment said:
I'VE are in fact recognized as a State
for the single and sole purpose of work
ing out our own destruction and dis
honor We are recognized AS State
for the highest purpose known TO the
Constitution. viz. its amendment; but
We are not recognized as State for any
of the benefits resulting from that rela-
ton GfIemng's Documentary History
of Reconstruction. p. 236.)
amendment in july, 1855 and was in that
month restored To her former practical
relations to the Union. and her Senators
and Representatives were admitted to
seats in Congress. CStatutrs at Large,
Vol. Il. 364. Flemins's Documentary His
| tory of Reconstruction. 202)
The fourteenth amendment was not
ratified. Congress now determined to
| force the southern States to ratify the
| fourteenth amendment and make il "A part
of the Federal Constitution and TO this
end Congress destroyed the existing cleo
tOratc in the Southern States by disfTan-
chising the majority of the leading white
voters and created false and Uncon-
stitutionaI electorate by enfranchising the
Negroes. The Negro should be the only
voter.
Congressional Reconstruction.
Now began what is known as Com
gresSpnal Reconstruction" In 1867 Con-
greSs passed over the Presidents veto
the Reconstruction Acts These laws
if such acts of A mutiated Congress. 50
! palpably and avowedly in conflict with
the Constitution. can he called laws
taken tosether-diVided ten States Of the
late Confederacy into military districts.
over which military commanders were
appointed as governors. The ConStitu-
tiOnsl and legal governors in these States
were superseded by these military gov
ernOrs. Citizens were arrested and tried
by military commissions. The Negroes
j3ify of ffs9t r Ia dina: vSs.tSad a ma
as completely disfranchiscd by applying
the disQualifying features OF the proposed
but rejected fourteenth amendment both
to officials and voters Each military
governor was given a sufficient military
force TO enforce his authority These
acts provided that when the people OF
any of these states should form CON
StitutiOn in conformity with the these
acts. enfranchising the Negroes and dis
franchising the majority OF the whites,
and when the state had ratified the four
teenth amendment to the Constitution,
that such State should be admitted 10
representation in Congress.
The Supreme Court OF the nltch
States was deprived OF all Jurisdiction in
cases arising under these acts tSee Nc
Ardle Cases reported in and :. wal
IaceD. and a Senator upon the floor or
the Senate threatened every judge OF the
United States Supreme Court with Inn
parchment should the Court dare declare
any of these Reconstruction Acts UNI
constitutional.
who is the Constitutional Commander
in-Chief Of the Army was deprived of
dent in vetoing these acts. said that
they were bills of attainder against mil
lions of people. not. one OF whom had
been heard in his own defense
| The Supreme Court of the United
States has, in the case of Elk Parte Gar
land and Cummings VS. Missouri, atm
W, HI lie of AT 4
post facto laws, and these acts of Con-
| gresS are clearly within these dennJtlonS
| laid down by the Supreme Court. These
military acts We're clearly unconstitu-
| tional under the then recent decision OF
the United States supreme Court IN eN
parte Miligan- reported III Inc touTih
wallace, in that they established military
| tribunals for the trial of citizens IN the
Southern States year after the Prest-
| dent had by proclamation declared tho
1 war to he at an end in those states. ana
| in which the civil courts were open and
| the civil governments were oVeTthrown
| and military governments and courts eS-
| tablished. These acts established ahso-
| lutte military despotism IN ten states OF
The sole purpose of these acts was 10
| force the. people of the Southern States.
/ by military despotism. to adopt measures
I by an electorate forced upon them nv
| Congress in open. notorious and avowcd
| violation of the plaineSt provisions or Inc
| For a searching analysis OF these acts
|
! their unCOnstitutiOnally see the fTesi-
| dents veto messages IN the 6th Nol. OF
| AS to the DISTINGUISHING features, I
| have already shown that they are Ia
| conflict and inconsistent with the am
| nesty and special pardans of the Presi-
/ dent. The excuse urged by Congress Tor
! this arbitrary and tyrannical action was
! that these States did not have govern
menJs republican in form. established &C
| cordinS to the Constitution.
| In the first place. TINS congressman
| assertion was in conflict with the nOtOTl-
| Gus facts In the second place II THIS
assertion had been true. II was entirely
! beyond the Constitutional duty or power
! of Congress to establish governments IN
those states The Constitutional author
itv is to guarantee" republican form
| Of government. which Madison says N
| the 4Sd. number of the "Feder2hst /:
| .'suppoSes Il pre-eNistinS government OF
| the form which is to be guaranteed. As
long therefore. as the existing republican
| forms are continued by the states they
are guaranteed by the Federal ConStitu-
! ton. Whenever the states may choose
| to substitute other republican forms, IieN
| have q right to do so and TO claim FED
! eral guarantee for the latter. The only
restriction imposed on them IS mat ltley
| shall not exchange republican for anti
| republican constitutions The autnoTlty
extends no further than 20 SuaLsntE
of the republican forms OF governments
State Governments Overthrow by Con-
! gress-
At the surrender the Southern states
ali had republican forms Of government.
I Tho President. by executive DrOcidT31a-
| ton overthrow these republican forms
!, Of government and established other gov
; / ernments which We're republican IN iofin'
! ~ not in origin These reconstructed gov
; ernments OF Lincoln and johnson Wer'
: now nVerthrOWn by Congressional S'tu
and ten States OF the Union for more Ia