Year: 1868

MIR. President, if [ had not been referred
to by my honorable friend from Wisconsin
[Mr. Doolittle in the debate yesterday, L
should not desire to speak on this question,
especially at this time. L fear that L shall
not have the strength to say what wish TO.


The issue here to- day is the same which
prevails throughout the country which Will
be the issue of this canvass, and perhaps for
years to come To repeat what | have had


occasion to say elsewhere, 1t Is between two
paramount ideas, each struggling Tor the su


premacv. One is, that the war to suppress


the rebellion was right and just on our part
that the rebels forfeited their civil and po-
litical rights, and can only be restored to them
upon such conditions as the nation may pre-
scribe for its future safety and prosperity
The other idea is, that the rebellion was not
sinful, but wasright that those engaged in
it forfeited no rights, civil or political, and
have right to take charge of their State
governments and be restored to their repre-
sentation in Congress Just as if there had
been no rebellion and nothing had occurred
The immediate issue before the Senate now
is between the existing State governments
established under the policy of the President
of the United States in the rebel States and
the plan of reconstruction presented by Con
gress.


When a surveyorfirst enters new territory
he endeavOrs to ascertain the exact latitude
and longitude OF a given spot, and from that
can safely begin his survey; and SO | will
endeayor 10 ascertain proposition In this
debate upon which parties are agreed, and
start from that proposition. That proposi-
ton is, that at the end of the war, in the
spring Of 1865, the rebel States were without
State governments Of any kind. The loyal
State governments existing at the beginning
of the war had been over turned by the reb-
els the rebel State governments erected
during the war had been overturned by our
armies, and at the end of the war there were
no governments of any kind existns in those
States. This fact was recognized distinctly
by the President of the United States in his
proclamation under which the work of re-
construction was commenced in North Caro-
lima in 1865, to which | beg leave to refer
The others were mere copies of this proca
nation. In that proclamation he says:


And whereas, the rebellion which has been
waged by portion of the people of the United
states against the properly constituted authori-
ties of the Government thereof. in the most vIo-
lent and revolting form. but whose organized and
armed forces have now been almost entirety over
come has in its revolutionary progress deprived
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 a
proposition agreed upon on both sides: that
at the end of the war there were no govern
ments of any kind existing In those States
sIhe fourth section of the fou. tn article of the
Constitution declares that the United States
shall guaranty to every state ia this Union u
republican form OF government" This pro
vision contains vast, underlined power that
has never yet been ascertained-a great super
visory power given the United States to keep
the States in their orbits, preserve them from
anarchy, revolution, aid rebellion. The meas
ure of power thus conferred upon the Gov
of the United States can only be
determined by that which is requisite to
guaranty or maintain in each State legal
and republican form OF government. What
ever power, therefore. may be necessary to
enable the Government Of the United States
thus to maintain IN each State a republican
iorm Of government is conveyed by this pro-
vision.


Now, Mr. President, when the war ended
and these States were found without govern
ments of any kind, the jurisdiction of the
United States, under this provision of the
Constitution at once attached the power TO
reOrganize State governments, TO use the
common word, to reconstruct, TO maintain
and guaranty republican State governments
In those States, at once attached under this
provision. Upon this proposition there is
also a concurrence of the two parties. The
President has distinctly recognized the
fact that it's jurisdiction attached when those
States were found without republican State
Governments, and he himself claimed to act
under this clause of the Constitution. |
will read the preamble OF the President
Proclamation:


Whereas the fourth section of the fourth arti-
Gle Of the Constitution of the United States de-
clares that the United States shall guarantee TO
every State in the Union republican form of
government, and shall protect each of them against
INVASION and domestic violence; and whereas the
President of the United States is by the Constltu-
Ton, made Commander in chief OF the Army and
Navy as well as chief civil executive officer of the
United States, and is bound by solemn oath faith
iuy to execute the Office OF President OF the Uni
ted States and to take care that the laws be
faithfully executed; and whereas the reoellon
which has been waged by portion of the people
Of the United States against the properly consul
tQted authorities of the Government thereoi IN
lhc most violent and reyoiting FORM put "hoSe
organized and armed forces have now oeen al
most entirely overcome, has in its revolutionary
progress deprived the people of the state OF NorIh
varolina of all civil government; ana whereas
becomes necessary and proper TO carry oue anu .p
enforce the obligations of the United states 10 the
people of North Carolina in securing them IN tne
enjoyment of republican form of government,


Tread this, Mr.. President, for the purpose
o. showing that the President of the United
States, in his policy of reconstruction, started
out with distinct recognition of the appll-


cability of this clause of the Constitution,


and that he based his system OF reeonstruc-


uon upon it. 1t is true he recites in this


PROCLAMATION that he is the Commander-in-


Chief Of the Army of the United States; but


at the same time he puts his plan of recon


sstructlon, not upon the exercise Of the mil


Nary power which is called to its aid, but on