Year: 1867

No one, however, now proposes tc
int1ict upon the masses of those who
are guilty of treason the high pun
ishment prescribed by law. 1t is one
thing to inaict positive punishment
upon a rebel it is quite another
thing not to give him representa-
tion in Congress which he voluntari
ly relinquished and spurned. The
one calls into exercise the active vim
dication of law, the other merely
withholds that which he has aband
oned and taken an oath not to enjoy
under our Government. | desire, how
ever. to have it distinctly understood
that | am opposed to universal am
nesty, In my Judgment some few al
least of the prime movers and con,
trolling spirits of the rebellion ought
to be convicted, and ought to be pun.
ished. Thus treason should be made
odious. A loyal national sentiment
pleads for it; the best interests Of
humanity require it justice de-
mands it


This, however, lies with the execu,
tive and judicial branches of the Gov
ernment to enforce. The laws here
tofore enacted by Congress have full
ly provided a way for the trial and
punishment of all such offenders
There the duties of Congress cease
Where they cease the duties and
powers of the Executive begin. The
President, says the Constitution, ''shall
take care the laws be carefully exc,
cuted." Upon him, then, acting
through his executive officers, is i'm
posed the obligation of bringing Of
tenders to trial and enforcing the sen
tences of the courts against them.


We, however, now have another
duty to perform. 1t is to provide the
manner in which the people residing
in those portions of the country late
ly in rebellion shall have a restored
representation in Congress. Those
formerly in authority there voluntari
ly relinquished that representation
For several years they persisted in
depriving themselves of it. They
formed new political associations
wholly inconsistent with its exercise;
they enacted new governments in di-
rect hostility to ours they wholly
repudiated and set at defiance our
Constitution and the laws passed in
pursuance thereof 1t is with that
whole people we now have to deal
not so much with the territory which
they occupy, as with the inhabitants
who dwell thereupon.


Our brave soldiers and seamen did
their duty in the bloody conflicts of
battle we must now do ours. The
military power of the Government
subdued the rebels in arms; Congress
must now provide for their restora-
ton to a newborn civil life not in
any vindictive spirit, but "with char
ity toward all, and with malice tow
ard none," ought we to provide for a
restoration. We must not, however,
so far extend our charity to those
who sought to destroy our Govern
ment and dismember the fair proper
tions of our country as to forget the
wants or overlook the rights of loyal
men. Nor must we forget those liv-
ing principles of mans equality which
underlie this Government, and which
have been reaffirmed in the crucible
through which we have just passed.


Article four, section four, of the
Constitution declares


"The United States shall guaranty to ev-
cry State in this Union republican form
of government"


This clause of the Constitution has
received judicial construction show
ing that the power therein given is
lodged in Congress.


The difficulties in regard to the
" Dorr government in Rhode Island
in 184l and 1912 gave rise to the
case of Luther Us. Borden, which was
argued in the Supreme Court of the
United States, and is reported in 7
Howard's United States Reports, page
l. The section which | have just cit
ed came under consideration. In the
opinion of the court, delivered by
Chief Justice Taney, he says


Under this article of the Constitution it
rests with Congress to decide what govern
= Al l. -lol L
as the United States guaranty to every State
a republican form of government, Congress
must necessarily decide what government
is Established in State before it can deter
mine whether it is republican or not. And
when the Senators and Representatives of q
State are admitted into the councils of the
Union, the authority of the government un-
der which they are appointed, as well as its
republican character, is recognized by the
proper constitutional authority, and its de-
cision is binding upon every other depart
ment Of the Government.


Then, if Congress is to decide "what
government is established in State"
and if Congress is to secure "to eve
ry State a republican form of govern
ment :" if Congress, by the admis-
sion of Senators and Representatives,
recognizes the character" of State;
and if the decision of Congress in
all these respects lis binding upon
every other department of the Gov
ernment," it necessarily follows that
all power given to the Government
is vested in Congress.


The constitutional powers of Con,
gress over those districts lately in
rebellion have been SO fully and ably
argued by others upon this floor that
l shall not weary you, nor surfeit the
country, with any extended argument
upon that point | shall consider the
power of Congress to impose terms
upon those people who sought to de.
stroy our Government as established
established not only to the salts
faction of large majority of the
poapnbarc of this hodv hut olso IN tho