Year: 1868

MI. 1EN DhlNhS. ui' PieSiuCue
the policy and measures Of congress in re.
lation to the south are maintained in thi:
debate upon two propositions first, tina
At the end of the war there were no gov
crnments of any kind existing in those
states; and second, that in such case con
sress has the power under the clause o
the constitution which declares that the
United States shall guarant to every
state in this union republican form Of
government" to reconstruct the state gov
ernments, or, in palmer words, to make
new state governments. These PROPOSE
iions deny. First, deny that at the
close Of the war there we're no state gov
ernments in the southern states. Wha
was the exact fact in regard to that mat.
ter? No one disputes that a. the COM
mencement of the war there were legal
state governments in the ten states now
excluded from representation. Those gov
ernments were organized under con stitu-
tions which the people had adopted. |
submit to senator's, then, as question of
law. what became of the constitutions of
the states in force ut the commencement of
the war;?


A state constitution is the bond of its
organization not only the bond of politi-
cal organization in the state but to some
extent the bond that holds it to the fed
eral union. / do not very clearly under
stand how q state can be 10 the union
without o state government. | do
understand that if a state should cease to
have government (if I may 50 express
what seems 10 be paradox that the peo-
pie would still be under the law and au
thority of the federal government to the
extent Of the jurisdiction Of that govern
ment. But. sir, a state to be state in the
union must have political organization.
The people of the territories owe obedience
to the laws of the United States; but the
territories are not organized states, and
form no part as states of the federal
union


Then, sir, when state constitution is
Gnce formed and the state under that con-
stitution i. admitted into the union, that
eta.e organization is not a separate and in
dependent thing, but in its organization
becomes part Of the federal union. The
constitution of the state, when the state
has been thus admitted, becomes part Of
the national union and compact, and | de-
ny that the people Of that state have a
right to destroy their state government
and thus cease to be within the Union
deny that convention Of the people,
that the legislature Of the state, or any
assemblage of the people whatever can vol
UNFAIRLY terminate the existence Of state
government and thus cut off their connec-
tion with the federal union. That, In
nv judgment, can only be accomplished
with the consent of al. the states Take
the case of Louisiana. The people formed
her state government; under that govern :
ment and constitution she was admitted
into the union. Is that constitution Of
hers (suoject. of course, to her amendment
and her notification not part of the fed
eral system when she is thus admitted and
is it possible that that bond of society,
that means of political organization can
cease to exist so that there is no longer
any state of louisiana?


Sir, if the state government ceased to
exist in any state of the south if the con-
stitution of any state ceased to be a consti-
tuition, want to know by what act it oc-
CURED. Was it the ordinance of seces-
sion? Every senator will say no; that
no ordinance of secession could destroy the
state constitution, because the ordinance
itself, In law and in the eye OF the consti-
tuition, is nullity. Was it the war
War was not made upon the organization
of the states ; War was not made upon the
constitution aad laws of any state; but
only for the purpose of holding those
states under their organization in the fed
eral union, and the people of the states in
obedience to the laws of the United States


Then. sir, deny that any act of any
state or Of the people thereof, intended to
separate that state from the federal union
had any force or validity, whatever l
maintain that during all the years Of the
rebellion every single act of southern
state Intended to promote the cause Of the
rebellion was void that it had no effect to
disturb, as question of law, the relation
Of the state to the federal union.


Practically the relations were disturbed !;
practically the state was nj not harmony with
the federal government; but its existence
- . state, It's organization as state, it's
constitution, which was the bond of its or
ganisation. continued ali the way through
the war and when peace came it found
the state with its constitution and laws un-
repealed aud in full force, holding that
state to the federal union, except all laws
enacted ir and of the rebellion


Mr president, Iregret that my colleague
(Mr. Morton1 is not in his seat, as shall
have occasion 20 refer to some of his ar
guments 30 ably presented in the senate,
and to some views that he has heretofore
expressed on this and some other ques-
tions that intend to discuss. Tho opin-
ion I have just now expressed think was
the opinion two years ago of my colleague,
and will refer to his views as then ex-
pressed in a carefully prepared speech.
Speaking Of the different propositions and
episious held in regard to the relations of
She states to the union at the close OF the
war my colleague said - 2 g ia.s
- "There IL another plan, and that is the
theory which regards these states as being
ont Of the union, and holding them as con-
qusred provinces. subject to the jurisdic-
ton of congress like uuorganized territory |;
saying that congress has the power to pro-
vide for calling conventions in these states
Just as in the territory Of Dakota, and may
prescribe the right Of suffrage and deter