Year: 1868




formed q constitution for themse vcs, and
adopted flag different from the tag of our
( fathers BY the most solemn forms of law


they created a separate and independent
1 government, with the avoEed intent and
purpose Of destroying the Government Of


the United States.


And, sir, for four long years they welded


the power Of this great and tremendous or
/ ganization, extending over ten States, vast
| empire in themselves, holding within aud
/ under its control ten million people, and
| with almost unlimited resources, for tie
purpose Of destroying the Government
/ which had peen framed by Washington and
/ bis eompeerS. They were unsuccessful, but
| need not remind gentlemen Of this floor of
/ the tremendous cost to the loyal people of
/ the country in precious blood and treasure to


maintain the unity and integrity Of this Gov
ernment


! Now. sir, during these four years Of civil


war where rested the legal power and au-
/ thority OF the United States Government?
/ l answer that they were with the loyal, ad-
herring, organized States Of the Union.
Does any gentleman on the other side say
I that the legislation for those ter States
| during that time was wrong because they
| were in armed rebellion? VIII they deny
that the legislation necessary 10 carry on the
/ Government within the organized States
was illegal, unconstitutional, and void be-
! cause those ten States happened to be in
organized revolt? Was not the legislative,
executive, and judicial power Of the Gov
ernment of the United States fully rec0g-
nized BY the people of the loyal States
during that time2


Mr.. MUNGEN. We get appeals to this
side Of the House, and / should like to an
swer.


Mr.. KOONTZ. Not now. I answer
that during the time that those States were
outside of the Government, SO far as they
could place themselves, the sovereign pow
er OF the nation was represented 10 the organ
lied States Of the Union. He would be a
bold man, indeed, who would contrOvert
this position; for to deny the authority Of
the law abiding, organized States to WELD
the sovereign power Of the government du-
ring an insuTrectiOn or rebellion in others,
would be equivalent to an admission that
the bare organization Of rebellion in any sec
ton of the country would Of itself work a
dissolution Of the Government, for those
not IN revolt would be powerless to prevent
It. But not only were the legal power and
authority Of the Government Of the United
States vested IN the organized States by
recognition Of the loyal people but they were
recognized by foreign nations. The United
States Of America did not in the eyes Of
other Powers cease to be a nation because
portion thereof was in rebellion, but its
dignity and sovereign power were as fully
ack cknoBleged By them as before.


Now, sir, If the proposition be true that
during the rebellion the legal power and au-
thority Of thc United States remained in
the loyal States, when did that power cease
over the dls0rganized communities When
the war ended, say the rebels; when Lee
surrendered, say the Democratic party.
This would be equivalent to saying that
there should be no penalty for treason, for
there would be no power to impose Il, as
the guilty would have an equal voice with
the guiltless IN settling the controversy. |
Against this doctrine the loyal people pro-
test. earnestly protest, aud insist that the
terms of settlement shall be fixed BY them:
that as the power aud jurisdiction Of a court
over the criminal attach 1nul the sentence
Is pronounced, so the power aud jurisiic-
ton OF the loyal States attach and remain
over the di-organized part until all the
questions springing uD and arising out Of the
rebellion have been fully aud entirely set
lied


But. sir, Il those States were not entirely
overthrown, gentlemen viii admit with the
President Of the United States, a they now
seem to have come to his position, that they
required at least some legislative or execu-
tive action in their BEHALF because they were
50 far disOFganized as n require It, to set
them on foot again. he President rec0g-
nized this when be declared that they were
without civil governments, and undertook
1 to assume the power Of legislation on this
question. He recognized the fact that their
civil governments had been oyerthrown
when he established provisional governments
for them. We only differed with him so
far IN asserting that the question Of recon
structing these States was with the Congress
Of the United States and not in the hands
of the Executive.


Then, sir, to establish the point I am
making. namely, that these are not valid
civil governments, [ deny that they are such
because they are thecreatures of eXecu-
tive power and not Of legislative au-
th0rity Il was a question thatb eIOng
cd exclusively to Congress and not TO any
other co ordinate branch Of the Govern
ment.


But object to these governments further
1 because they have had the breath of life
breathed into them for the purpose Of re-
viving the tel. spirit Of treason that for four
long years spread disaster and sorrow
throughout the land.


Now. sir, l think I have clearly shown
I that the power Of this Government belongs
I TO the loyal States Of the Union, those that
I remained true to it during the civil war.
Then the only question remaining is, is there
( a public necessity for this bill


| urge, in the first place, that there is a
/ necessity for the passage Of this bill to pro-
1 teCt the loyal men Of those States. Does
/ any maa doubt, from al the evidence We
I have had during the last two years, that if
4 the military power Is withdrawn from these
/ States the loyal men, black and white, will
/ be entirely under the control Of the rebels,
/ who viii have an aScendaney as complete and
( efFectual as when Lee held uudisputed
power over the whole region


/ 1t Is needed, further. to prevent the OBJ
/ stacleS that have been thrown IN the way Of
reconstruction. We have had obstacles not
/ only on account of the construction of the
/ law, as was stated by my colleague, but in
/ adverse executive action; and IN order that
/ there may be harmonious policy, and that
( al obstacles may be removed 10 the way Of
4 the policy of Congress, it Is necessary that
4 this question should be under the control Of
4 the General of the Army and not OF so many
! different military commanders We would
I thus be relieved Of the difficulty that exists
/ under the present law, of having one policy
/ for Louisiana and another for Virginia
+ But it is needed, further, because the
/ rebels and their sympathizing friends In the
I North refused to accept the generous terms
( that we're offered by the Thirty Ninth Con-


u -