Year: 1867

dehance OF the sovereignty of thls victor
nation, and in the very teeth ofits D. ohi-
biiions, its rebel prisoners of war, at the
very instant of their defeat, have the
right-ay, sir, the right-as electors and
rulers OF sovereign States. to resume the
control Of their conqueror; and the right
to vote out that awful life of the nation
which tfeir five hundred thousand mur-
ders done did not extinguish, but aug
monted into might being


No, sir; no. Thlsis not the law OF
your nations existence; and your injur-
ed country-what one ever so wronged
before ?-has the right and power in
these revollcd districts to see to 1t that
there shall be returned and guaranteed
to them governments right loyal and
right republican, the United States being
judges.


Now, have said all that I propose to
sav upon the general question of the
power OF Congress to pass the bill now
before the House, or any other bill which
shall provide tor the organization of
loyal republican governments in the
revoted States, and to provide also for
the. government of the people of those
States Professionally until such loyal
State governments can be organized
therein


Mr.. Speaker, | wish to make a sug-
gestion about the sixth section of this
bill, which declares rebellion to have
wrought forfeiture of two privileges of
citizenship, TO wit; the right to vote and
hold Office


Some gentlemen here of learning see
in that section a declaration that Con,
gress can vote the Territories and peo-
pie, loyal and disIoyal, of our Union out
OF the national jurisdiction and into
foreign Governments, and can attach
new and unknown penalties to past
dlsloyalty by mere act Of law without
conv c ION.


| Slr, this seems to me most strange
and obvious error, and arises out of for
getting that all the rights and obiga-
tlons OF citizenship arise, not at all out
of any criminal enactments, but out of
that contract and bond which connects
the citizen with his country, and which
binds both to certain correative duties
This mistake comes from forgetting
what is selt-evident without being stated,
at all, but which is stated by Vattel in
these words:


IF the body Of society or he who
represents it THE Government absolute>
ly fail to discharge their obligations to-
ward the citizen, the latter may with.
draw himself; for, if one of the contrac-
ting parties does not observe his engages
ments, the other is no longer bouLd to
fulfill his, as the contract is reciprocal
between society and its members. 1t is
on the same principle also that society
may expel a member who violates its
laws


This right of Governments to with
hold from them who discard all the obi
cations pertaining to their citizenship
the powers and rights which come alone
from performing these obligations is
lone which, by necessity, attaches to and
nheres in the very nature and structure
of all civil society, and has been acted
upon and enforced as self-evident
right of all government in every stable
Government that has existed since the
world began, This Identical principle
was asserted at the origin of your Cow
eminent in the legislation of every one
of the States OF the conted ration; was
repeated and re~enacted by three, at
least, of the first Congresses under the
Constitution, and has been virtually re-
enacted by beng kept in force by every
subsequent Congress which ever met
under the Constitution.


But, sir, am not about to enter uron
an argument which / submitted to this
House upon former day; and only al
ludo to it now to submit to the House
single suggestion about it. It's this
which is submitted as an illustration and
proof:


There IS a child before you. He
moves about IN the simplicity of his
young nature, unconscious of the Dig
nifty which is upon him. He goes under
your flag to another contry, There
another Government Injuries his life, his
property, or even hair Of his head -
For that injury, sir, what ought to hap
pen? Nay, sir, by the very law of your
nations life and honor what must haps
pen! Now, nothing has occurred except
that "a foreign Government has pu, it,
hand in insult or injury upon little
boy, ana he upon the other side OF the
globe, where midnight is when we have
high noon. But then the boy was our
country's and was under its flag. When
the tidings come to us that that child
was hurt, il needs be for his redress every
sword in the land and every gun, every
arm in the land and every drop Of blood
in the land and every dollar Of money
pass eagerly under reqnisition TO the
work OF that child's redress and for that
redress your armies and navies' start off
in procession which girdles the globe
with the light OF your banners.


And, sir, why all this 1t is because
that child bore with him what, thank
God aud the armies OF America, is TO.
day the highest Of earthly dignities;
higher than that which made the person
of him Of Tarsus sacred in the presence
ola Hebrew mob. The boy was an
American citizen.


But, Mr.. Speaker, others are in
foreign lands from our country; Mason,
Slidell, Breckinridge are abroad