Year: 1868

two platforms which arises to anything
like frst-class Importance, is that which
relates to the constitutionality OF the re-
construction policy of Congress.


This little squabble about paying Oh
our debts-this little question of universal
suffrage, and few other things very I'M
| portant themselves, are questions which
relate to the administration of the gov
ernment after you have got government
to be administered. But the great ques-
tion rises above that-which involves
peace and war, which touches the life OF
the nation, and touches our existence as
one people under the constitution OF the
United States; and I propose this even
ing, because [ have been requested to do
so, and because [ think it important in
itself to discuss for short time, as well
as I am able under all the difficulties of
this situation, this question of the con-
stitutionality of these reconstruction laws.
[ cannot make such argument funny nor
amusing, but [ will try to state clearl ly
and distinctly the grounds upon which
we defend that legislation. To do this,
we must inquire into the facts Of the
case. What is the situation of the things
to which congress was compelled to apply
its reconstruction policy? But, to save
words, let US take the state of Georgia as
illustrating the whole principle, for what
is true Of one state is of course true of
two or three out of all. Georgia was one
of the original thirteen states, and enter
ed this Union by adopting constitution.
| She had state government organized IN
harmony with the constitution Of the
| United States, under state constitution
which required all her officers to swear to
support the constitution of the United
States. That government continued in
existence. as we all know, down to 1860
or 1861, when the majority Of her people
having determined to throw off their al


legiance to the government of the United
States, and levy war, if need be, to make
that declaration good, and to make Geor-
gia an independent nation-organized
new state government in Georgia, and
that government went into practical op-
Grafton, and was supported by the people
during the entire continuance of the war.
Now, if those leaders, after they deter
mined to levy this war, had called con-
vention and framed new state govern
ment, with new officers, and had levied
war upon the old state government of
Georgia, and supplanted it, and then had
entered into the Southern Confederacy
and levied war upon the United States,
there would be no difference of opinion
in this assertion that the government
which had come to exist by that proceed
ing in Georgia was no government in the
Union of the United States. And yet,
in legal, constitutional sense, the people
of Georgia did what was precisely equiv
alent to this. They called constitu-
tional convention, and they took the old
constitutional state government, changed
it in every essential particular which was
essential to its existence as state govern
ment. Instead of requiring its officers
to swear to support the constitution of the
United States, they required them to
swear to overthrow that constitution.
They severed in every particular every
cord and bond which bound them as
state or community to the constitution
and Union Of the United States. By so
doing they created, in loyal contempla-
ton, new government as much as they
would in the C Sc which [ have supposed
of their calling convention and framing
new government with new officers. The
government which they created by taking
the old constitution and molding it to
their views, was no government which
had been III the Union from the adoption
of the constitution. 1t was no constitu


tlonal government in any sense, but only
an organization In deadly antagonism to
the constitution of the United States, and
under that constitution the people of
Georgia organized, and gave their volun


tary allegiance to that state government,
went into the Southern Confederacy and
levied war upon the United States.


Well, after while, the war came out
just as every man who believes God sits
on His throne, and prefers truth to false


hood, justice to injustice, liberty to slav-
cry, might have predicted it would come
out. It came out with the triumph of
all good things oyer all bad things.
Loud applause. And our armies swept
everything before them, and demolished
every citadel and stronghold of treason
and rebellion, and they planted our flag
in old and time-honored places after
sweeping away the rebel armies, and after
sweeping the rebel States they swept
away everything that was part and parcel
of rebellion, every instrumentality, every
agency, and every means by which trait
ors had sought to levy war upon the Gov
ernment and those revolutionary State
Governments were the principal agency
for that war. Now, then, what was the
consequence They had had Govern
ment in the Union down to 1860. They
had destroyed that. They had set up in
its place revolutionary, illegal. uncon-
stitutional Government, which had been
in existence until Grant swept them away.
Then they will be without any State
Government whatever. The old Govern
ment they had destroyed, and the new
Government we had destroyed. They
were without any Government. Zap
plause.1 Now what was their condition?
The soil of Georgia was still part of do,
minion of the United States the people
of Georgia, were still citizens of the I'm
tied States. They had thrown off no part
of the duty which they owed to the I'm
ion. The Union had lost or forfeited nc
| -. IL.