Year: 1868

that Georgia could settle this question
Rebels may say when war shall begin,
where It shall begin, how Il shall begin,
h ow IL shall be managed, but the Govern.
ment shall say how It shall end Tchoersl,
and what shall be the condition of the
conquered. l"Thats the idear Ap-
plausel 1t is about time, after hundreds
and thousands of lives have been sacri.
ticed-after we have baptized and fertil.
lied that rebel soil with the best blood of
the land-it Is about time that some man
had the courage, and the nerve, and the
good sense, to stand up and talk the truth
upon this subject Sensation, applause,
and cheers


1t is clear then that Georgia could not
reconstruct a Government without our
consent Now, the only party interested
is the Government of the United States
They, as rebel States, could not do it.
The general Government must do It.


= y


The question then recurs, where is the
power of the general Government to
frame governments In these rebel States?
And, in the first place, the general prop
osition may be laid down that If the power
is in the Government of the United States
at all, and is not conferred by express
words upon the President or some other
officer of the Government, then it is surely
vested in Congress because the Corstitu-
tion provides that Congress shall have
the power to make all laws necessary and
proper to carry into execution the powers
conferred upon Congress and all other
powers conferred upon the United States,
or any other department or officer thereof;
consequently, If the power of framing
these State governments reposes in the
general Government, and not in the peo-
pie OF Georgia, and, as 1t is conceded,
every man can settle the question for him
self by thirty minutes reading, that the
Constitution does not locate this power in
the President, or any other specific Off
GERS, or in the Courts, then 1t follows
necessarily that this power of the Govern
ment Is to be exercised through the power
of Congress, to make laws to carry that
power into execution.


But do not propose to rest here upon
this mere general proposition, although it
Is entirely conclusive. There are other
provisions of the Constitution, and other
distinct grounds upon which this power
may be safely rested.


The Constitution provides that Congress
may admit "new States" Not what is
the meaning of admitting "new State I"
and what is State, to be admitted?
Half the confusion that the public labor
under, regarding this subject, has arisen
from the fact that the word Estate" in
the Constitution, is used with various
meanings. Sometimes it is used in geo.
graphical sense, and sometimes in politi-
cal sense. For instance, when the Constitu-
ton provides that any man who commits
CRIME shall be tried in the Estate
where it was committed, it means o geo.
graphical State, called the State of New
York, or OF Georgia, &c. When it says
Z" State" may be party toany suit in the
Supreme Court of the United States, it
means State Government" or a corpo-
ration which is created for that purpose.
Take, for instance, Illinois In geo.
graphical sense, Illinois was always in the
Union; her soil was always Federal do
minion; her people were always citizens
of the United States. But the State of
Illinois, which was admitted into the
Union by an act of Congress, means the
corporation or State Government which
was organized by the people for that pur-
pose.


Therefore, when the Constitution says
that Congress shall provide for the admis-
sion of new States, it means "new State
Governments"


The Democrats say, "This is conceded,
but Georgia is not a new State. Georgia
was one of The original thirteen, one of
the old States, and clearly that provision
of the Constitution does not apply to your
case"


But, my friend, have already said that
to admit State means to admit State
Government, and when the rebels of the
South destroyed the State Government
which had been in the Union, and put in
its place a rebel State Government which
never was in the Union, and when the
armies of the United States swept away
and left Georgia without any Government
whatever, then, when government shall
be organized there, to be admitted again
into the Union, and to be restored to the
Federal rights, that government thus
formed is new government, as much so as
though the people of Georgia had never
had government whatever. What differ
! ence can it make, for instance, with this
power of Congress to admit State Gov
ernment, and to frame a government,
whether the people who ereto be admitted
have once had government which they
have destroyed, or whether they never had
government?


For instance, we have, west of the Rocky
Mountains, so many square miles of terri
tory, and 80 many citizens of the United
States, born in the country. We say,
"Those people are our people; that soil
is our soil, and they are entitled to our
protection" The Government of the
United States establishes Territorial
Government there and protects them uu-
til such time as they come to proper con-
| dition TO be admitted as State, in full
communion, into the Union.


Now, that power and jurisdiction OF
Congress to do this thing grows out of this
fact, simply-that if our citizens are
| dwelling in a compact community, upon
our soil, without local government-(it is
| of no consequence how that state of things
is brought about-whether it is because
they moved there and had never had a
| government, or because they have been
there and once had government and des-
troyed it) if they are our people, dwelling
upon our territory, and have no govern
! ment, the United States is bound to put a
civil government there.


Suppose, for the sake of argument, that
we admit what the Democrats claim, that
Georgia never was out of the Union, and
that her territory and people remaining in
the Union-as we conceded they always
did, because they could not get out-that
therefore she is to be regarded as a State
| of the Union. The Constitution provides
that the United states shall guarantee to
every State republican form of govern
ment. Now, il Georgia was not State
Of the Union she was State without any
government whatever, consequently she
had no republican form of State Govern
ment, and Congress was called upon in It's
capacity of legislating and executing that
power to take the proper steps to put a
republican form of State Government in
Georgia. This guarantee of the Constitu
ton was intended TO secure to the Union q
republican State Government for such
state, without reference to the wishes O
the people. Of particular State. If New


lork, ior Instance, tomorrow should cal
convention, and change her form O.
government from a republican 10 a mon
archical government, it would be the dut,
Of Congress to interfere, because the Con
stitution makes it the duty of the Unitee
States to see to ii that there is a republican
form of government for them in New York
and if she should call convention Z