Year: 1868

'OCerS, ana tnaC GnOSC CO0StItu |
ions thus formed by a very
small minority have never been
submitted to the people of those
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 he if we were to pro-
claim them to be the constitutions
Of those States without first having
submitted them to the people for rat
ification. How can it be pretended
for moment, even admitting that
the President had the power to start
forward in the work of Reconstruc-
ton, that those State governments
are legal formed by a small minori-
ty, never ratified by the people, the
people never having had a chance to
vote tor them They stand as mere
arbitrary constitutions, established
not by the people Of the severa!
States, but simply by force of exc
cutive power.


And sir, if we shall admit those
States to representations 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, ttey will then rise
up and declare that those eonstitu-
tions are not binding upon them.
that they never made them; and
they will throw them off, and with
them will go those provisions which
were incorporated therein, declaring
that slavery should never be restor-
ed and that their war debt was repu-
dated. Those provisions were put
into those constitutions, but they
have never been sanctioned by the
people of those States, and they will
cast them out as not being their act
and deed as soon as they shall have
been restored to political power in
this Government. Therefore,
say that even if he coneeeds that the
President had the power, which he
had not, to start forward in the ex-
ecution Of this guarantee, there can
still be no pretense that those gov
ernments are legal and authorized,
and that we are bound to recognize
them.


The President of the United States
in his proclamation, declared that
those governments were to be for
med only by the loyal people of
those States; and I beg leave to call
the attention Of the Senate to that
clause in his proclamation of recon-
struction. He says:


And with authority to exercise, within the
limits OF said State, all the powers necessary
and proper to enable such loyal people of the
State of North Carolina to restore said State to
its constitutional relations with the Federal
Government"


Again, speaking of the army:


"And they are enjoined to abstain from in any
way hindering impeding or discouraging the
loyal people from the organization of a State
government as herein authorized.'


Now, sir, so far from those State
governments having been organized
by the loyal people, they were or
gained by the disloyal, every office
passed into the hands of rebel
the Union men had no part or lot il
those governments, and so far from
answering the purpose for whicl
governments are intended, they fail
ed to extend protection to the loya
men, either white or black The
loyal men were murdered with i'm
punity; and l will thank any Senator
upon this floor to point to a single
case IN any of the rebel States where
q rebel has been tried and brough
to punishment by the civil authority
for the murder Of a Union man. No
one case, I am told, can be found
Those governments utterly failed il
answering the purpose Of civil gov
ernments; and not only that, bu
they returned the colored people tt
a condition of quasi slavery; the,
made them the slaves of society, in
stead Of being, as they were before
the slaves Of individuals. Under va
rious forms ofvagrant laws they de
prived them of the rights Of free
men, and placed them under th'
power and control of their rebe
masters, who were filed with hatres


and revenge.


But, Mr.. President, time passed on
Congress assembled in December
1865. For time it paused. 1t di'


not at once annul those govern


ments. 1t hesitated. At last, i


1866, the constitutional amendment


the fourteenth article, was brough
forward as basis of settlement ant


reconstruction; and there was


taoit understanding, though it wa


not embraced in any law or resolu
ton, that if the Southern peopl


should ratify and agree to tina


amendment, then their State govern


ments would be accepted. But tina


amendment was rejected, contempt


uously rejected. The Southern peo
pie, counseled and inspired by tn


Democracy of the North, rejecte'


that amendment. They were tolt


that they were not bound to submit


to any conditions whatever; tina


they had forfeited no rights by re


bellion. Why, sir, what did WI
propose by that amendment? B.


the first section we declared that al


men born upon our soil were citizen


of the United States-a thing whicl


had long been recognized by ever,


department of this Government, un


til the Dred Scott decision was mad


in 1857. The second section provi


ded that where a class or race o


men were excluded from the right O


suffrage, that they should not b


counted in the basis of representa-


tion-an obvious justice that no rea


sonable man for q moment coul,


deny; that if four million peopl


down South were to have no suf


frage, the men living in their mids


and surrounding them, and depriv