Year: 1868

CONCLUDED FROM LAST WEEK.


That was the state of society there the
judiciary, the legislative, and the exec :
tive departments of their governme is
were in the exercise of their ordinary ant
legitimate authority and power in ch
state. In that state of society where the
laws are made by the men whom the Deo-
pie select, where they are administered by
the courts that have the confidence of the
people, and where the laws are executed
by an executive department selected by
the people, there is peace, happiness and
prosperity You have broken that down,
and in its stead you have done-what?


l. You have made ten states subject to
military authority.


g You have made the civil tribunals
subject to military rule


3. The lives, liberty and persons of the
people are subject to military authority.


4. Juries are abolished.


5. Habeas corpus is abolished. l mean
Of course, at the pleasure Of the military
commanders.


g. You have clothed conventions with
authority to fix their own salaries and
taxes from the people for their payne cnt


Z. You have empowered the commaders
to displace governors, judges, and legisla-
tors, and fill their places, thus making
them dependent on the will of the COM
manders. What spectacle we behold,
sir. The judge taken from the bench and
the lieutenant placed in his stead Leg
islatures driven out and others appointed
by the military to make the laws which
the people must obey!


Sir, what were the causes of complaint
which the colonies made against the Brit
ish crown? Speaking of the king of Great
Britain, eur fathers declared


:" He has made judges dependent on his
will alone for the tenure of their Offices
and the amount and payment of their sal
aries.


He has kept among us in times of
peace standing armies without the consent
Of our legislatures.


GO He has affected to render the military
independent of and super or to the civil
power.


For imposing taxes on Us without our
consent


'For depriving us in many cases of The
benefits of trial by jury"


You were kind enough in the law to
say that ifthe military commanders thought
i. good policy they might continue the
civil courts and try criminals in the civil
courts; but if they thought best, they
might organize military commissions but
they should not take any mans life with
out reference of the case first to the presi-
dent, and that limitation was put on only
after great deal of controversy.


SO, sir, the property, the life and the
liberty of this people are placed at the con-
troll o. the military authority and this is
policy that is called policy of recon
struction, Of restoration, and this you
claim to be done under the guarantee
clause which directs this government to
guarantee to each state a republican form
Of government You find no other point
in the constitution where you can stand.


There is not rock in the constitution
large enough for your feet to stand upon
except this one, that it is your duty to
guarantee republican form of govern
that power, in the discharge of that duty
you establish military rule and despot
ism which is defined in the language o
the declaration of independence declaring
'he offences of the British crown towarC
the colonies.


This is all under the pretext Of the
guarantee clause. / had some respect fo
it when it was claimed as under the militia
ry authority of the president, becaus,
when you say it is military necessity.
DO not know any argument in answer t.
that. Military necessity has no reply ex
cept obedience but you say to an intelli
gent people-to people who have sense
enough to know when they are hungry
that you are guaranteeing republican
form of government to states when yo,
are su5jecting them and all the legitimat,
and rightful authority of their state gov
ernments to military rule, is, in my hum
bic judgment, an insult to an intelligent
people.


| know the answer to this very we'll
that your military rule in the southern
states is only provisional; that it is!o1lv Il
last for little time, and that out of IT.
ruins there will "spring up, phenix-likt
to Jove," republican forms of government
You lay the foundations of free institu
tions on the solid rock of despotism, anc
expect it to grow up to beautiful struc.
ture / do not believe in the doctrine
that you can do wrong and expect good 4
follow. I believe in the doctrine tha
good is the result Of good that from pur,
fountain you may expect pure waters
from foul and poisonous fountain yo,
maysxpect impure waters. And wher
you so~>the seeds of despotism in an,
country expect the fruit to correspond
with the seed. You need not tell me tina
when you establish military government
and despotisms the result will be free in
stitu.ions and happy people.


Sir, in this debate observe that map,
able senators attempt to answer the sena
tor from Wisconsin Mr.. DooIittle].
rather envy the senator from Wisconsin
He is the most honorable man have seen
No single senator will admit that he ha
been answered. Zach one that comes VI
to the work undertakes to answer him a
If he had not been answered at all before
Really, sir, [ envy the honorable position
Of the senator from Wisconsin. Whel
senators get done answering his speecl
they will then have overcome the founda
tion doctrines Of our government.