Year: 1866




The detailed report of the Commit
tee on Reconstruction was, on The Sth
inst. made in each House OF Congress,
They set forth The reasons for the
conclusions to which they came in
reporting an amendment to the Con.
stitution of the United States and the
two bills with which the public are
already familiar. Speaking OF the
condition Of the Confederate States
at the close Of the rebellion, the Com.
mittec say these States were in utter
exhaustion and without Govern.
ments. The President had no power
except to execute the laws Of the land
rs Chief Magistrate. The laws gave
him no authority over the subject OF
reconstruction. By the Constitution
he was commander-in Chief of the
army and navy. 1t was his duty un.
der the law of nations and the army
regulations, to restore order, preserve
property and protect the people
against violence from any quarter,
until provision should be made for
their government. He might, as
President, assemble Congress, and
submit the whole matter to the law
making power; or might continue tho
military supervision and control I'M
til Congress should assemble on its
regularly appointed day. AS to the
Governors appointed by the Presi-
dent it could not be contendcd that
they possessed or could exercise any
but military authority. They had no
power to organize civil Governments
nor exercise any authority except
that which inhered in their persons
under their commissions; neither had
the President as tommander-in- Chief
any other than military power. Blu,
he was in exclusive possession of the
military authority. 1t was for him
to decide how tar he would exercise
, 1t when and on what terms he would
withdraw it. He might, perhaps,
permit the people to assemble and to
initiate local governments, and to ex,
ccute such local laws as they might
choose TO form, not inconsistent witt
nor in opposition to the United
States, and, satisfied they might be
safely left to themselves, he might
withdraw the military force altogether
and leave the people OF any or all oil
these States to govern themselves
without his interference.


The Committee, after speaking OF
the origin and leading Incl Tents oi
the war, say it was waged as civil
war of gigantic magnitude. 1t was
necessarily subject to all the rules
which, by the laws Of nations, con
troll contests of that character, and
to all the legitimate consequences
following it. One Of the consequen-
ces was this: within the limits pre-
scribed by humanity the conquered
rebels were at the mercy OF their con-
querors. The Committee did not
deem it necessary or proper to dis
cuss the question whether tue late
Confederate States are still states oil
this Union or can ever be otherwise.
Grant this pro6tless abstraction about
which SO many words have been
wasted it by no means follows that
the people of those States may moi
place themselves in a condition to
abrogate the powers and privileges
incident to the State of the Union
and deprive themselves Of all pre-
tence to the right to exercise theil
power and enjoy their privileges
The Committee maintain no portion
of the people OF any country, whether
in State or Territory, have the right
while remaining on its soil, u
Withdraw from or reject the author
Iity OF the United States. They say /
is quite evident from all the facts AM
indeed from the whole mass OF testi


mony submitted by tho President


that in no instance was any regait
paid 20 any other consideration thai
obtaining immediate admission Il
Congress under the barren form o
an election, in which no precaution
were taken to secure regularity o
! proceedings or the assent OF the pee


pie. No Constitution has been legal
,lly adopted, except perhaps, in tn
. State of Tennessee, and such elet


tions as were held were without al
|, thority of law. The committee Al


accordingly forced to the conclusio
that the States referred to have nc
|, placed themselves in Q condition I