Year: 1868

y EN n Okt -AkO d ON - N ~ l. n


SPEECH. IN THE SENATE.


Constitutionality Of the Reconstruc


SEE tion Acts.


Reasons for Impartial SuE.


frage I'm the South. 8


Mr.. PRESIDENT: III had not been re
ferred to by my honorable friend from


Wisconsin (Mr. Doolittle) in the debate
yesterday, l should not have desired te
speak on this question, especially at Til:
time. i fear that | shall not have the
strength To say what | want to.


The issue here to-day is the same which
prevails throughout the country, which


will he tie issue of the canvass, and per
haps for years 10 come. repeat what
have had occasion TO say elsewhere, it is
between two paramount ideas, each sirug-
Cling for the supremacy. One Is. that the
war to suppress the rebellion was right and
just on our part that the rebels forfeited
their civil and political rights, and dcan only
be restored to them upon such conditions
as the nation may prescribe Tor its future
safety and prosperity. The other idea is,
that the rebellion was not sinful, but was
right; that those engaged in it forfeited no
rights, civil or political, and have right
Id take charge OF their State governments
and be restored to their representation in
Congress Just as if there had been no re-
bellion and nothing had occurred. The
immediate issue before the Senate now is
between the existing State governments
established under the policy of the Presi-
dent of the United Staiesin the rebel States
and the plan of reconstruction presented
by Congress


When a surveyor first enters a new ter
ritory he endeavors to ascertain the exact
latitude and longitude of given spot. and
from that can safely begin his survey and
so | will endeavor 10 ascertain PROPOSE
ton. That proposition is. that at the end
of the war, in the spring of SGj. the rebel
Staes,were without State governments of
any kind. The loyal State governments
existing at the beginning of the war had
been overturned by the rcbcis; the rebel
State governments erected during the war
had been overturned by our armies, and a,
the end of the war there were no govern
ments of any kind existing In those States
This fact was recognized distinctly by the
President of the United States in his proc
lamation under which the work of recon-
struction was commenced in North Caro-
lima in 1865, TO which beg leave TO refer.
The others were mere copies of tais proc
lamation. In that proclamation lie says :


And whereas, the rebellion, which has
been waged by portion OF The people OF
the United States against the properly con-
stitutcd authorities of the government
thereof, in the most violent and revolving
form, bur whose organized and armed
forces have now been almost entirely over
cone. has in its revolutionary progress. de-
priycd the people of the State of North
Carolina Of all civil government"


Here the President must be allowed TO
speak for his party. and shall accept this
as proposition agreed upon both sides
That nj the end OF the war there were. no
soycfnnenis of any kind existing in those
States.


The fourth section Of the fourth article
of the constitution declares that 'thc United
States shall guarantee TO every State Ia
this Union a republican form OF govern
ment.' This provision contains vast un-
defined power that Las never yet been
asceriained--a great supervisory power
;
to keep the States in their orbits, 10 preserve
them from anarchy, revolution and rebel
lion. The measure of power thus con
ferred upon the government of the United
States can only be be determined bv that
which is requisite to maintain in each State
legal and republican form of government.
Whatever power. therefore. may be neces-
sfry TO enable the government of the
fr1 ,s..f, ~<.1.
State IA republican form of government, is
conveyed 10y this provision.


Now. Mr.. President, when the war end
ed, and these States were found without
aAvernments of any kind. the Jurisdiction
of the United States, under this provision
Of the constitution, n once attached I; the
power 10 reorganize State governments, TO
use the common word, TO reconstruct, to
maintain and guarantee republican State
6 vernmenis in those States at once at
tached under this provision. Upon this
proposition there is also concurrence OF
the two parties. The President has dis
tinctly recognized The application of this
clause ofthe constitution. He has recog-
nized the fact that its jurisdiction attached
when those Siafes were found without re-
publican State governments, and he himself
claimed TO act under this clause of the con
stitutien. Twill read the preamble of the
Presidents proclamation i'


.Whereas the fourth section ofthe fourth
article OF the constitution of the United
States declares that the United States shall
guarantee TO every State in the Union a
republican form Of government and shall
protect each Of them against invasion and
domestic violence and whereas the Presi-
debt OF the United States is by the consti-
tion made Commander-in Chief Of the army
and navy, as well as chief civil executive
officer Of the Urited States, and is bound
by solemn oath faithfully TO execute the
office of President of the United States,
and to take care that the laws be faithfully
executed and whereas the rebellion which
has been waged by portion OF the people
of the United States against the properly
constituted authorities Of the government
thereof IN the most violent and revolving
form, but whose organized and armed
forces have now been almost entirely over
come, has, in its revolutionary progress,
deprived the people of the State OF North
Carolina OF all civil government; and
whereas il becomes necessary. aud proper
to carry out and enforce the obligations of
the people of the United States TO the peo-
pie Of North Carolina in securing them in
the enjoyment of a republican form OF
government" ,.s..,-


Tread this Mr. President, for the purpose
of showing thstfhe President of the United
States, in his policy of Reconstruction,
started out with distinct recognition OF
the applicability OF this clause of the con-
stitution, and that he based his system of
reconstruction upon it, 1t is true that he
recites in this proclamation that. he is
Commander in-C Chief of the army of the
United Stated States but at the same time
he put his plan of reconstruction, not upon
the exercise Of the military power which
is called to his aid, but on the execution of
the guaranty provided by the clause of the
constitution TO which he referred. He
appoints q Governor for North Corolina
and these other States, the Office beingcivIl