Year: 1867

States has exercised unwarrantable juris-
diction In the appointment of Provisional


Governors for these Southern States. Sir
agree that that was wrong. am moi
here for the purpose of vindicating the
President of the United States in the eX.
ercise of power which / believe he die
not possess. do not think he ever had
that power; and think it was grave err
ror on his part to exercise the power of ap-
pointing those Provisional Governors.
| In exercising that power, however, he
was only carrying out to some extent the
plan adopted by his predecessor IN appoint
ing Provisional Governors. | say the Pres
ident had no power to do it; but | am moi
prepared to say, and will not say, that the
President did not act in good fslth, aud with
the conviction that it was the best thing to
be done, and that under existing circum-
stances it was necessary. | do not for one
moment believe that he acted criminally or
with corrupt motives; but that he acted
with the very best motives possible, look
ing to the final restoration of the whole
Union. But, sir, l nevertheless believe it
to have been grave error.


But here, sir is the rock upon which we
split. If these States were not out of the
Union, and if they kept up their State or
| CARNATIONS till the close of the war, then,
l
any power to interfere with them. The
officers in position were placed there by the
people, and none but the people who
placed them there could remove them, and
that only in pursuance of law. Again |
affirm that their State Governments were
not broken up. Their representatives
should have been received upon this floor
unless they were excluded by reason of
some prohibition prescribed in the Consti-
tuition or laws of the United States.


| But, sir, to the bill. The last provision
of the preamble says:


| "And whereas said pretended Govern
ments afford no adequate protection for
life or property, but cOuntenance and en-
courage lawlessness and crime"


Now, sir, who could expect that perfect
peace would prevail throughout those
States as soon as the war ended? 1t was in
the nature of things there would be lawless
-cOnduct on the part of many citizens
That certain gentlemen desire difficulties
to exist in the South in order that they
may base legislation upon it, in order to
carry out certain designs have no doubt
But that there is and has been less dis
turbance than could be expected under the
circumstances is true. The civil authori-
ties there have been using the power they
have to keep down this lawlessness and to
punish men for the commission of offenses.
And If this Congress would only give them
full power to exercise all of their functions,
we would have order and peace much
sooner than by the plan now proposed to
| disturb and destroy their Governments.
| 1t must be remembered that four million
slaves were set free who were before under
| the control OF their masters. They knew
no law except as it was given to them by
their masters. Now they act for themselves,
and too frequently act upon suggestions
from the Freedmen's Bureau, with view
| to furnish sensational articles that are so
| frequently read from the Clerks desk.
The first section goes upon the supposi-
| tton that they are not States. 1t divides
| these ten States into military departments.


The second section provides, not that the
President of the United States, who is
Commander-in-Chief of the Army and the
Navy, and made so by the Constitution,
| should not appoint the military command
ants, but that the General in command
should take jurisdiction and appoint all
these officers. l ask gentlemen, what will
| you do with that provision in the Constitu-
| tion which declares the President of the
| United States to be the Commander-in-
Chief of the Army and Navy OF the United
States?


This is almost a precise copy of the bill
introduced in the Senate by Mr.. Williams.
In that bill it was provided that the Presi-
| dent of the United States should make
| these appointments. He had some regard
| in that bill for the constitutional power of
the President. He was willing to carry out
that provision of the Constitution. But
this committee on Reconstruction-thi
maelstrom committee, which swallows up
everything that is good and gives out
everything that is evil-repOrts this bill
taking away all ofthe power from the Pres
ident of the United States, and cOnfers that
power upon the commanding General, in
defiance of the express provision of the
Constitution to which have referred.


And although this second section strikes
| down that provision of the Constitution,
yet the magnanimity of the chairman of
that committee could not extend further
than to allow us few hours of debate on
proposition so important and so vital. He
would not agree to fix day when this bill
should come up, so that gentlemen could
| collect their thoughts on the subject.


| | suppose on the other side they have
adopted the higher law doctrine, so ably
discussed by the gentleman from New
! York, and need no reflection. That simple
change, sir, ii there were no other reason,
ought to destroy this bill, ought to prevent
its passage.


But that is not the worst provision in the
bill. After appointing these military COM
manders in the several districts, giving
them complete and exclusive jurisdiction
in all civil and criminal matters, the third
section contains provision unparalleled
in legislation, that these military COM
manders may confer power upon the civil
tribunals of the State to try certain offenses:
that is, may confer upon judge elected by
the people or appointed by the President
of the United States power to try case of
indebtedness between A and b if they think
proper. Whoever heard of such mon
strositt as this? Whoever heard of such
stretch of power on the part of Congress?
The Constitution provides that


'In all criminal prosecutions the accused
shall enjoy the right to speedy and pub
| lie trial, by an impartial jury of the State
and district wherein the crime shall have
been committed, which district shall have
been previously ascertained by law, and to
be informed of the nature and cause of the
accusation; to be confronted with the wit
nesses against him; to have compulsory
process for obtaining witnesses In his favor
and to have the assistance of counsel for
his defense"


Instead of permitting the party to be
tried by jury selected within the district,
to be tried by judge appointed by the
President and confirmed by the Senate, or
a Judge elected by the people, before he
can be tried before tribunal Ghus raised is
| ia required he shall 90 before this military