Year: 1868

In the U. 8. Senate, January "a, 1868.


Mr.. PRESIDENT: If 1 had not been
referred to by my honorable friend from
Wisconsin Mr.. Doolttle] in the debate
yesterday, / should not desire to speak
on this question, especially at this time.
/ fear that ] 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 per-
haps for years TO come. To repeat what
/ have had occasion 10 say elsewhere, it
is between two paramount ideas, each
struggling 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 can only be restored to them
upon such conditions as the nation may
prescribe for its future safety and pros
perity. The other idea is, that the rebel
lion was not sinful, but was right that
those engaged in il forfeited no rights,
civil or political, and have right TO take
charge of their State govern nments and
be restored TO their representation in
Congress just as if there had been no
rebellion aud nothing had occurred
The immediate issue before the Senate
now is between the existing State gov
ernments established under the policy of
the President of the United States in the
rebel States and the plan of reconstruc-
tion presented by Congress.


When "a surveyor first enters q new
territory he endeavors to ascertain the
exact latitude and longitude of given
spot, and from that can safely begin his
survey; and. so l will endeavor TO ascer-
tain proposition in this debate upon
which parties are agreed, and start from
that proposition. That proposition 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 overturn-
ed by the rebels: the rebel State govern
ments erected during the war had been
overturned by our armies, and at the end
of the war there were no governments
of any kind existing inehose States.-
This fact was recognized distinctly by
the President of the United States in his
proclamation under which the work of
reconstruction was commenced in North
Carolina in 1865 to which beg leave to
refer. The others were mere copies of
this proclamation. In that proclamation
he says:


And whereas the rebellion which has beer





States against the properly constituted author
tiles OF the Government thereof, in the most
and armed forces have now been almost entirely
overcome has i'm its revolutionary progress de-
ma 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 governments of any kind eX-
isting in those States.


The fourth section of the fourth article
of the Constitution declares that "the
United States shall guaranty to every
State in this Union republican form of
government" This provision contains
vast, underlined power that has never
yet been ascertained-a great supervisory
power given to the United States in their
orbits to preserve them from anarchy,
revolution, and rebellion. The measure
of power thus conferred upon the Gov
ernment of the United States can only
he determined by that which is requisite
to guaranty or maintain in each State q
legal and republican form of government.
Whatever power, therefore, may be ne
cessary to enable the Government of the
United States thus to maintain in each
State republican form of government
is conveyed Ivy this provision.


Now, Mr.. President, when the war
ended and these States were found with
out Governments of any kind, the juris-
dictiOn of the United States, under this
provision of the Constitution at once at
tached; the power to organize State Gov
ernments, to use the common word, to
reconstruct, to maintain and guaranty
republican State Governments in those
States, at once attached under this pro-
vision. Upon this proposition there is
also concurrence of the two parties.-
The President has distinctly recognized
the fact that its 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 pre-
amble of the Presidents proclamation |:


"Whereas, the fourth section of the fourth
article OF the Constitution Of the United States
TO every State in the Union a republican form
OF government, and shall protect each of them
whereas, the President of the United States is
by the Constitution, made Commander-in- Chief
ecutive officer of the United states and Is bound
by solemn oath faithfully to execute the Office
care that the laws be faithf1liy executed d. and and
whereas the rebellion which has been waged by
a 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 overcome,
people OF the state of North Carolina of all civil
government; and whereas, 1t becomes necessary
and proper to carry out and enforce the obliga-
tions of the United States to the people of North
Carolina in securing them in the enjoyment of
arepubiican form of government" .. f.


/ read this Mr.. President, for the pur-
pose of showing that the President of
the United States, in his policy of recon-
struction, started out with distinct re-
cognition of the applicability of this
clause of the Constitution, and that he
based his system of reconstruction upon
1t. 1t is true he recites in this proclaIna-
ton that he is the Commander-in-Ch Chief
of the Army of the United States; but
at the same time he puts his plan of
reconstruction, not upon the exercise of
the military power which is called to its
aid, but on the execution of the guaran-
tee provided by the clause of the Con-
stitution to which have referred. He
appoints u Governor for North Carolina
and for these other States, the Office be-
ing civil in its character, but military in 4
its effects. This Governor as all the
power Of one of the district commanders,
and, in fact, far greater power than was
conferred upon Gen. Pope or General
Sheridan, or any general In command of
a district ; for 1t is further provided:


"That the military commander Of the iepart-
ment, and all officers and persons in the mill
Governor in carrying into effect this
. proclamation" ~


We are then agreed upon the second
that the pOWer of fha TTnitad