Year: 1867

1867


The House having under consideration the bill )H


Il. No. 1li3) to provide for the efficient govern


ment of the lately rebellious States


Mr. Woodbridge said.


Mr.. SPEAKER Il think it will be admitted


by all that when adopted the constitu-
/ tional amendments at the last session of Con-
gress it was with the understanding that upon


their ratification by the rebellious states
restoration to the Union and representation
in Congress would naturally and perhaps
necessarily follow. We went to the country
upon that ground and made it an issue in


the elections last autumn. 4 triumphant
and overwhelming majority Of the loyal
people sustained us. The South instead of
accepting our reasonable and generous propo-
sitions, hurled them back upon us with
derision and scOrn. and regardless of all law,
either human or divine, and with a reckless
ness and hate worthy only of demons, have
oppressed loyal men: refused to protect
their persons or property: driven them from
their homes and their states for no other
reason than because they Stood by the grand
old dag; and, if accounts are true, they have
beaten ana scourgod and murdered the poor
freedman, and never in single instance has
the offender been punished


| In this condition of things an additional
duty is imposed upon Congress, and that is,
first of all to provide some means whereby
| loyal men in the South shall be protected in
their persons and property. Under this
paramount obligation of the government to
all its loyal citizens the bill introduced the
other day by the distinguished gentlemen
from Pennsylvania, Mr.. Stevens, called the
military bill, was iustifable, and met with
my support. However inconsistent with
Republic martial law may be, or however
| onerOus military government may be, Con-
gress. the supreme legislative body of the
nation, may establish either or both when
the safety of the Government or of the peo-
pie demand it. | was not particularly pleased
with the BILL and greatly prefer the amend
ment which has passed the Senate and is now
under consideration. | greatly doubted the
constitutionality of the provisions directing
the General of the Army to detail officers,
not below the rank of gadier-generals, to
command the districts into which the ten re-
bellious States were divided, upon the ground
that Congress has no authority to grant to
any one power the exercises of which di-
rectly infringes upon that clause of the Con-
stitutiOn which makes the President of the
United States the COmmander-in-C Chief of the
Army and Navy.


Somewhat dlstrustlng my own judgment,
however, and differing with several gentle
men, for whose opinions entertain the pro
foundest respect, | supported the bill. believ-
ing that the Senate would relieve it of any
unconstitutional provisions. 1t seems that
the Senate agreed with me, and in the amend
ment have give To the President the power
which in the original bill was conferred upon
the General of the Army. The country de-
mand of the present Congress two things re-
specting the rebellious States Is such
legislation will protect loyal men, black
and white, in their lives, liberty, and prop
erty the other is some well-defended plan
or platform, by which the loyal people of the
South may reorganize and reestablish State
governments. Republican in form. which NAV
! be recognized and accepted hy Congress. and
they thereby become entitled To represent
alton as states in the Union. This Con-
gress. sir. will be untrue to itself and untrue
to the country if it adiourns without accom-
plishing these two results, and | doubt
whether the party can sustain itself which
fails TO do so.


Mr. Speaker, will very briefly examine
the proposed amendment for the purpose of
convincing gentlemen, if possible, that it will
meet the exigencies of the times and the de
mands of the country. | confess, sir, that it
does not exactly suit me. While, in my
Judgment, the purposes which we seek may
be fairly attained under its provisions, |
would prefer such alterations as would leave
nothing to intendment or implication. But,
sir, as we have bat one day left in which to
get the bin into the hands of the Executive it
is necessary to have early and speedy ac-
ton: and the fact that, SO far as | am inform
ed. it met with the favor of every Republican
Senator. induces me to believe that any ma
terial changes would cause delay.


Two objections are raised against the bill.
First, that the rebellious states Will be in the
hands and under the control of rebels until
the restoration of the Union: and second,
that the third section conters suffrage upon
all he nd lead H.
els, or, some have expressed it, grants
universal suffrage and universal amnesty. |
deny both these propositions. The amend-s
ment in its preamble states that no legal
state governments or adequate protection for
life or property now exists in the ten rebel
states. and that it is necessary that peace and
good order should be enforced in said states
until loyal and Republican state governments
can be legally established and for that pur-
pose it is provided in the first section that the
rebel states shall be divided into five militia
ry districts and made subject to the military
government of the United States The sec
ond section provides that the President shall
assign to the command of each district an Of
ficer of the Army, not below the rank ofb briga-
dier-general, and detail sufficient military
force to enable him to perform his duties and
enforce his authority.


The third section prescribes the duties of
the commanding officers. and they are to pro-
tect all persons in their rights of person and
property, to suppress insurrection, disorder
and violence, or to punish cause to be pun
ished all disturbers of the public peace and
criminals and to enable them to perform
this duty they may allow the local civil tri-
bunals to take jurisdiction of and try offend
crs, or when they deem it necessary for the
purpose of Justice they may organize military
commissions or tribunals for that purpose
and provides further that all interference un-
der color of state autority with the exercise
of military authority under the act shall be
null and void Hence. sir it will be seen
that under this bill the state governments in
the rebelious districts and simply permissive
SO far as the administration of Justice is con-
cerned When under wholesome laws the
right of persons and property are properly
protected by the local courts military power
does not interfere, but when the loyal man,
black or white, Is not protected in all his
rights, either by reason of unjust laws, or dis
loyal public sentiment, then the officer in
command erects his military court and ad-
ministers even justice to all and SO, sir, it
seems to me that during the period of mill
tary occupation under the bill, ample pro-
visions and safeguards as established for the
protection of the persons. property and rights,
of loyal citizens, and that under no circum-
stances if the provisions of the bill are faith
fully executed can rebel malignity trample
upon the rights of the loyal


Such, sir, is my answer to the first obiec-
ton to the Senate amendment. 1t is however,
further objected that under the provisions of
the fifth section suffrage and amnesty are
granted to the leading rebels. Sir, if l SO re-
garded it would oppose the measure for
never, never, until there have been many
works meet for repentance and growth in
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