Year: 1866

covered possession OF their fOfts ana arsen
ais, and their armies were in the occupation
OF every State which had attempted TO sc
cede. Whether the territory within tn,
limits of those States should be held as con
quered territory, under military authority
emanating from the President as the head o
the army, was the first question that pre-
sented itself for decision. ~


After stating the objections to the continu
ance of merely military rule, the alternative
course chosen by him and supported by his
Cabinet is thus clearly set forth:


" Provisional Governors have been APP
pointed for the States, conventions called
Governors elected, Legislatures assembled,
and representatives chosen to the Congress
of the United States At the same time the
courts of the United States, as far as could be
done, have been re-opened, so that the laws oi
the United States may be enforced through
their agency. The blockade has been re-
moved and the custom houses re-establish-
ed in ports Of entry, so that the revenue OF
the United States may be collected. The
Post-Ofice Department renews its ceaseless
activity, and the General Government is
thereby enabled to communicate promptly
with its officers and agents. The courts
bring security to persons and property; the
| opening of the ports invites the restoration
of industry and commerce; the post-offlce
renews the facilities of social intercourse
and of business"


No one better than Mr.. johnson under
stood the solemn duty imposed upon the ma
tional Executive to maintain the natioAal
authority vindicated at so g.eat a sacrifice,
and the obligation not TO suffer tho Just fruits
of so fierce struggle and of so many battles
and victories to slip away or turn to ashes.
In many speeches TO delegations from loyal
States, in dispatches to Provisional Cover
nors acting under his authority, and in de-
clarations made 10 the public for their infor-
nation, there was o disguise of his purpose
to secure the peace and tranquility Of the
country on just and sure foundations.


These measures received the cordial sup
port Of every member of the Cabinet, and
were approved by the sentiments declared
by conventions in nearly all of the States
One point of difference presented itself,
namely, the basis of representation. BY
some il was thought just and expedient that
the right of suffrage in the Rebel States
should be secured in some form to the col
ored inhabitants of those States, either as
universale rule or to those qualified by edu-
cation or by actual service as soldiers who
ventured life for their Government. Ny
own mind inclined to this view, but after
| calm and full discussion, my Judgment yield
ed to the adverse arguments resting upon
the practical difficulties to be encountered
in such measure, and te the Presidents s
conviction that to prescribe the rule of suf-
irage was not within the legitimate scope Ct
his power.


The plan of organization embodied in the
proclamation 10 the people of North Carroll
ma, and the instructions to the Provisional
Governor of that State, exhibit the system
and principles prescribed by the President
for the substitution of civil authority in the
place of the universal military rule in the
insnrrectionary States. In this plan two
things presented by the proclamation and
the Presidents Instructions are worthy of
special notice


FSrst. That the exercise of the organizing
power is specially and absolutely restricted
10 the people ''who are loyal to the United
States, and no Others This is in accord
ance with the views often declared by Mr..
johnson from the commencement of the
rebellion, and under the most impressive
circumstances.


Secondly. choice Of delegates was
not only limited to loyal people aud no others,
but constitutional guarantees were required
in respect to the emancipation of slaves and
the repudiation of the Rebel debt A sound
reason for such guarantees in respect to
slavery is stated by the President in his
message-namely, the necessity of "the evil
dence of sincerity in the future maintenance
of the Union.n


These views expressed by the President
in his message received, and continue to re-
ceive, my cordial acquiescence and support.
Who are loyal people is question that ought
not to be difficult of decision.


After full explanation of the steps taken
by him 10 restore the constitutional relations
Of the States, the President in his annual
message proceeds to state, with equal dis
tinctness, what remains to be done, and TO
whom the authority and duty of doing it
haI in lao fol frR


1.-THE amendment to the Constitution being
adopted, 1t would remain for the States whose
powers have been so long in allegiance to re-
sumo their places in the two branches of the
National Legislature, and thereby complete
the work of restoration. Here it is for you,
iellow-citizens of the Senate, and for you,
fellow citizens of the House Of Representa-
tives, to Judge, each Of you for yourselUes, of
the elections, returns and qualifications of
your own members. "


Whoever doubts that the authority and
duty of judging for itself of the election, re-
turns, and qualifications OF its members be-
longs to each house of Congress may have
his doubt removed by the Federal Constitu-
tion, which declares, in the fifth section of
the first article, that teach house shall be
the judge of the election returns and quail
ticatiOns of its own members.n In thus dis
tinctly recognizing the constitutional right





elections, returns, and qualifications of its
own members the President has conformed
to the plain letter OF the Constitution. It
being the function OF each house to Judge of
the elections, returns, and qualifications of
its own members, the obligation is implied of
taking testimony, weighing evidence, and
deciding the question Of membership What
testimony has been taken, or what evidence
has been presented on the question to either
branch of Congress, or what judgment will
be given is not known to me. Nor have
the right of inquiring, for neither the right
nor the duty of deciding is devolved upon
me. But the course of the President in
thus referring the question of its own mem
| bers to the Judgment of each house of Con-
gress received and continue to receive my
cordial support


Besides the steps taken by the Executive
to restore the constitutional relations of the
States, his annual message called the atten-
ton OF Congress to the necessity OF insuring
the security OF the freedmen, reminding
| Congress that while he had no doubt that the
General Government could not extend the
elective franchise, ''it is equally clear that
good faith requires the security OF the freed
men in their liberty and their property, their
| right to labor and their right to claim the
just return of their labor" and observing
further, that ''the country is in need Of labor,
and the freedmen are in need of employ
ment, culture and protection" In connec-
tion with this subject the President further
| remarks:


slavery was essentially monopoly OF
| labor, and as such locked the States where it
prevailed against the incoming of flee in
dustry. Where labor was the property of
the capitalist the white man was excluded
! from employment, or had but tile second
best chance OF finding it, and the foreign
emigrant turned away from the region where
/ his condition would be so precarous With