Year: 1868

Guc COnCluSlOH IudI loyal FcpuDltCdH
State governments can not be erec
ted and maintained in the rebel
States upon the basis of the white
population, it has right to raise
up and make voters of class of
men who had no rightto vote under
the State laws. This is simply the
use of the necessary means in the
execution Of the guarantee. If we
have found after repeated trials that
loyal republican State governments,
governments that shall answer the
purpose that such governments are
intended to answer, can not be sue
cessfully founded upon the basis of
the white population, because the
great majority of that population
are disloyal, then Congress has a
right to raise up new loyal voting
population for the purpose of es-
tablishing these governments in the
execution ofthe guarantee. I think
sir, this proposition is 50 clear that
it is not necessary to elaborate it.


We are not required to find in the
Constitution particular grant of
power for this purpose; but we find
a general grant of power, and we
find also another grant of power
authorizing us to use whatever
means may be necessary to execute
the first; and we find that the Su
preme Court of the United States
has said that the judgment of Con
gress upon this question shall be
conclusive, that it can not be re-
viewed by the courts, that it is a
purely political matter; and, there
fore, the determination of Congress,
that raising up colored men to the
right of suffrage is means neces-
sary to the execution of that power,
is determination which can not be
reviewed by the courts, and is con-
elusive upon the people Of this
country.


THE PRESIDENT S RECONSTRUCTION
WORK.


The President of the United States
assuming that he had the power to
execute this guarantee and basing his
proclamation upon it, went forward
in the work Reconstruction. 1t was
understood at that time-it 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 va
cation of Congress were to be cree
ted as provisional only, that his plan
of reconstruction and the work that
was to he done under it would be
submitted to Congress for its appro-
val at the next session. If the Pres
ident had adhered to that determine
ton 1 believe that all would havebeen
well and that the present state of
things would not exist. But, sir, the
Executive undertook finally to exc
cute the guarantee himself without
the cooperation Of Congress. He ap
pointed Provisional Governors, Civ
ing to them unlimited power until
such time as the new State govern
ments should be erected. He pre-
scribed, 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 in his proclama-
ton:


sNo person shall be qualified as elector, or
| shall be eligible as member of such convention,
unless he shall have previously taken and subscri-
bed the oath of amnesty as set forth in the Presi-
dents Proclamation of May 20, A. d. 1861


Which was issued on the same day
and was part of the same transac


'sAnd is voter qualified prescribed by the
Constitution and laws of the State of North Carroll
ma in force Immediately lefore the goth day Of
| May, A. ID. 1851"


The persons having the right to
vote must have the right to vote by
the laws of the state, and must in
addition to that, have taken the oath
of amnesty. The President disfran-
; chised in voting for delegates to the
conventions from two hundred and
fifty thousand to three hundred thou
sand men. His disfranchisement
was far greater than that which has
been done by Congress. In the
Proclamation of amnesty he says:


"The following classes of persons are excep
ted from the benefits of this proclamatfon''-
He then announced fourteen classes
of persons:


J "1. All who are or shall have been pretended
civil or diplomatic officers, otherwise do
mestic or foreign agents of the pretended Con
federate Government"


'1s All persons who have voluntarily par
ticipated in said rebellion, and the estimated
value of whose taxable property is over twent,
thousand dollars.''


And twelve other classes, estimated
to number at the least two hundred
and fifty thousand or three hundred
thousand men, while the disfran
chisement that has been created by
Congress does not extend perhaps
to more than $4,000 or SO, 900 per
sons at the furthest. These provis-
ional Governors, under the authori
ty of the President, were to call con
ventions they were to hold the elec
tions, and they were to count the
votes they were to exercise all the
powers that are being exercised by
Military Commanders under the re
construction acts of Congress. AT
ter those constitutions were formed
the President went forward and &C
cepted them as being loyal and re
publican in their character. He au-
thorized the voters under them to
proceed to elect Legislatures, mem
bers of Congress, and the Legisla
lures 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 consultation with
or cooperation on the part of Con


gress.


Now, sir, when it is claimed tha
these governments are legal, let i
be remembered that they took theil