Year: 1868

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it has the right to use whatever means
may be necessary for that purpose.
As | before remarked, the character
of the means will depend upon the
character of the case. In one case it
may be the use of an army ; in anoth-
er case perhaps it may be simply pre-
senting question to the courts, and
having it tested in that way; in an
other case it may so to the very
foundation of the Government itself.
And | now PROFOUND this proposition
that i Congress, after deiiberution, qf-
ter Tong and bloody experience, shat
cometo the conclusion that loyal rep.J-
EcaA State governments cannot be cree
ted and maiDtoined IN the rebel States
upon the basis Of the whae population
it has arightto to raise up and make 10
tcrs Of q class Of men ,cho he'd no
right to cote mider the State lars.
This is simply the use of the neces-
sary means in the execution of the
guarantee, If we have found after
repeated trials that loyal republican
State govdrnmcnt5, governments that
are intened to answer, cannot be
successfully founded upon the basis
Of the white population, because the
great majority Of the population arc
disloyal, then Congress has right to
raise up new loyal voting population
for the purpose Of establishing these
governments in the execution of the
guarantee. Think, sir, thi; PROPOSE
tion is so clear that it is not necessary
to elaborate it. We are not required
to find in the Constitution a particu-
lar grant Of power for this purpose;
but we find general grant of power
and we find also another grant of pow
or authorizing us to use what ever
means may be necessary to execute the
first; and we frd that the Supreme
Court OF the United States has said
ftaat the judgement of Congress upon
this question shall be conclusive, that
it cannot be reviewed by the courts,
that it is purely political matter;
and therefore the determination of Con-
D'es8, that raising up colored men to the
right cfs9Biage is a means necessary to
the erecution Qthat power, is q deter
n'ndtion wdich cannot be reciewed By
the courts, and is conclusire upon the
| people Of this country


The President of the United States,
assuming that he had the power to exc
cutethisguaranty, and basing his proc
lamaton upon it, went forward in the
work ofreconstruciion. 1t was so an
lnounced, 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 erected
as provisional only, that his plan of
reconstruction and the work to be
done under it would be submitted to
Congress for itsapprovalor disapprov-
al at the next session. If the Presi-
dent had adhered to that determine
ton | believe that all would have
been well, and that the present state of
thing would not exist. But, sir, the
Executive undertook finally to execute
the guarantee himself without the CO.
operation of Congress. He appointed
provisional Governors, giving to
them unlimited power until such time
as the new State governments should
be elected. He prescribed in his
proclamation who should exercise the
right of suffrage in the election ofl
delegates, And allow me for one mo-
ment to refer to that. He says in his
proclamation:


No person shall be qualified as an elcctor |
or ba eligible a member Of such convention |
unless he has previously taken and subscribed |
the oath ofamnesty, as set forth in the Presi- |
dents proclamation of May Goth, A. d. 1867
which was issued on the same day and
was part Of same transaction


"And is voter qualified as prescribed by
the constitution and laws of the State Of
North Carolina in force Immediately before |
the 2Oth day of May, A d. 1861"


The persons having a 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 Presi-
dent disfranchised in voting. for dele
gates to the conventions from two
hundred and fifty thousand to three
hundred thousand men. His disfran-
chisement was far, greater than that
which has been done by Congress. In
the proclamation of amnesty he says;


''The following classes of persons are
excepted from the benefits of this proclama-
tom


He then announced fourteen classes of
persons


". All who are or shall have been preten-
ded civil or diplomatic officers, OF otherwise
domestic or foreign agents, OF the pretended
confederate Government"


X x |


"l3. All persons who have voluntarily
participated in said rebellion, and the estimated
value of whose taxable property is over twenty
thousand dollars"


And twelve other classes, estimated
to number at least two hundred and
fifty thousand or three hundred thous-
and men. while the disfranchisement
that has been created by Congress does
not extend perhaps to more that fory-
five or fifty thousand persons at the
furthest. These provisional governors,
under authority ofthe President, were
to call conventions they were to hold
the elections, and they were to count
the votes they were to exercise all
the powers that are being exercised by
the military commanders under there