Year: 1868

lar grant of power for this purpose but we
hnd genera grant of power authorizing
lid to use whatever means may be necessary
to execute the first; and We find that the
Supreme Court of the United States has
sad that the judgment of Congress upon
the question shall be conclusive, that it can
not be reviewed by the courts, that it is
purely political matter; and therefore the
determination of Congress, that raising up
coiored men to the right of suffrage is a
means necessary to the execution of that
power, Is determination which cannot be
reviewed by the courts, and is conclusive
upon the people OF the country.


The President Of the United States, as
sumlng that he had the power to execute
this guarantee, and basing his proclamation
upon it, went forward in the work of recon
stru; ton. 1t was so announced, if not by
himself, at least formally by the Secretary
OF State, Mr. Seward, that the governments
which he would erect during the vacation Of
Congress were TO be erected as provisional
only, that his plan Of reconstruction and the
work that was to be done under 1t would be
submitted to Congress for its approval or
dIsapproval at the next session. If the
President had adhered to that determination
L believe that all would have been well, and
that the present state of things would not
exist. But, sir, the Executive undertook
finally to execute the guarantee himseif
without the Co operation Of Congress He
appointed Provisional Governors, giving to
them unlimited power until such lime as the
new State governments should be elected.
He prescribed in his proclamation who
should exercise the right of suffrage in the
election of delegates. And allow me for one
moment to refer to that. He says III his
proclamation


mo person shall be qualified as an elector or
shall he be eligible as q member of such conven-
tion unless be shall have previously taken and
sa absorbed the oath of amnesty as forth in the
Presidents proclamation of May 20, 1865"


which was issued on the same day and was a
part of the same transaction


''AHd is a voter qualified as prescribed by the
Constitution and lave Of the State of North Car
oiins in force Immediately before the 10th day of
May, 1861"


The persos having the right to vote must
have the right to vote by the laws Of the
State, aud must, in addition to that, have
taken the oath OF amnesty. The President
DISTINGUISHED in voting for delegates tofthe
conventions from two hundred and fifty
thou, and TO three hundred thousand men.
his acknowledgements was far greater than
that which was done by Congress. In the
proclamation of amnesty he says:


The following clases of persons excepted
from the benefits of this proclamation


He then announced fourteen classes of per-
sons-


Il. All who are or shall have been pretended
civil or diplomatic officers, or otherwise domestic
foreign agents, of the pretended Confederate
Government"


''13. All persons who have voluntarily partici-
pated in said rebellion. and the estimated value
OF whose taxable property is over twenty thou
sand dollars "


And twelve other classes, estimated to
number at least two hut dred and fifty thou
sand men, while the disfranchiSement that
has been created py Congress does not ex-
tend perhaps t6 more than forty-fve or fifty
thousand persons at the furthest. These
provisional governors, undei authority of
the President, were to call conventions; they
were to hold the elections, and they were to
count the votes they were to exercise all
the powers that are being exercised by the
military commanders Inder the recoustruc-
tion acts of Congress After these cousti
tutions we're formed the President went for
ward and accepted them as being loyal and
republican In their character. lie author
lZed the voters under them to proceed to e.
lect Legislatures, members to Congress, and
Legislatures to elect Senators to take their
seats in this body. In other words, the
President launched those State governments
into full life and activity without consulta
ton with OF corporation on the part CT
CoDgre ess.


Now, sir, when it is claimed that these gov
ernments are legal, let 1t be remembered
that they took their origin under proceed
ing instituted by the President of the Uni
tel States In the execution OF this guaran-
tee when it now stands confessed that he
could not execute the guarantee. Bus even
II he had the power, let 1t be further borne
IN mind that those constitutions were form
ed by conventions that were elected by less
than one third of the white voters in the
States at that time that the conventions
thus formed by small minority even OF the
white voters: and that those conventions
thus formed by very small minority have
never been submitted to the people OF the
States for ratification. They are no more the
constitutions of those States to-day than the
Constitutions formed by the conventions now
in session would ibe if we were to proclaim
them to be the Constitutions of those States
without having submitted them to. the peo-
pie for ratification. How can it be pretended
for a moment. even admitting that the Presi
dent had the mower to start forward IN the
work of reconstruction, that those State
Governments are legally formed by a small
minority, never ratified by the people, the
people never having had a chance to vohe
for them They stand as mere arbitrary
constitutions, established not by the people
of the States, but simply by force of execu-
tive power.


And, sir, if we shall admit those State TO
representation on this floor and in the other
House under those constitutions, when the
thing shall have got beyond our keeping and
they are fully restored to their political rights
they will then rise up and declare that those
constitutions are not binding upon them,