Mr. LAWREN CE, of Ohio. The overthrow Of the military power of the rent rebellion devolved upon the Presidentan Congress and the country duties of unparalleled magnitude. With all lawful civil State government aban doned and destroyed in the rebellious States, the foundations of political society are again to be laid or restored over a vast extent of country. It is not too much to say, then, that “ If this work be done wisely no wages unborn shall blessus, and we shall havedone in our do what exiwnence nimroved and duty demanded. fthis work shall becarelesslyor badly done. countlessmillions will hereafterrememberour folly as theircurse; our namesand deeds shall only call forth execration and reproach.” Among the great questions now before the country is that of the reconstruction, or, as I think, mere properly the creation, of civil State governments in the rebel States, and to that question I propose briefly to speak. CONDITIONor lanai. sunsnirvana" rniioairs. There has been much controversy over the condition of the rebel States. It has been said they “ are not States, ” that “they are dead States, ” “ reduced to Territories, ” “conquered provinces, ” are “ States out of the Union, ” out of their practical relations to the Union, ” and this is denied by asserting that “ they never ceased to be States with all the rights of States, ” or at most that “ lawful State government was an ended and is now restored" and is “ entitl to resume every right.” But much, not all, of this is a conflict of word; rather than of ideas, and may be reconciled by considering what a State is and the effect of rebellion on the several elements which compose it. re. ms nu: mnonv. The position which I maintain is, that in legal contemplation every ordinance of secession was void; that no State was ever out of the Union; that all lawful State government was abandoned and destroyed in terebel States; that rebel organizations in the form of State governments were set up unauthorized by and unknown to the constitution, and with no rights under it; that these were overthrown by the military power of the Union, that the people were thus left without an State government; that it is the duty of the U.S. to guaranty it, and until this is done there can be no valid de jure permanent civil State government and no right to representation in congress or the Electoral College. rnr PERFECTsureruns: ensuesrs. In support of this view let us consider what a State of this Union is. The perfect State consists of 3 elements, a district of country, a people, and a political corporation or government. (Grotius on War, 205; Philli more, Int. L., 147; Atlantic Monthly, October, 1863; 3 Dallas, 93; U.S. vs. Maurice, 2 Brock., 109 1 Brock., 177; 3Wheat., 181; 6 Pet., 128.) The constitution recognizes this 3-fold character, and for some purposes each of the 3 elements is treated as a State. It declares that “The judicial power shall extend" to controversies between two or more States.” Here the corporate State alone is called the State, since the geographical State or the co pllleliire never parties litigant. Again, no States a “13O formed by the iunction of twa or more States or partsof states without the consent of the Legislatures of the States concerned as well as of the conross. "Art. 4. sec. 3. Here the geo phical State and population are denominate the State, since the corporate State cannot be divided into parts. Again: “The U.S shall guaranty to every State in ibiic Union a RFG. "Ar. Here, again, the geographical State and people are recognized as the State even w. but government since that is to be guarantied to tcState. The constitution is full of similar examples. The distinguished Senfrom wisconsin, [Mr. Downrand though maintaining with plausible skill the unimpaired rights of the States admits the distinction I have drawn by conceding that “a State" does not “consist of its form of government ” but of “the people, ” to which he adds, rather in apposition than with legal accuracy, ” the bodypolitic.” Now, over these States, and over each element of them, as well as elsewhere, the national Government has certain executive, legislative, and judicial powers, sovereign powers, the exercise of which may by force be suspended, leaving the rit unimpaired, with a unity of government, 01I territory, and of population indestructible. No State in its geo raphical sense, therefore, has in legal contemplation ever been out of the Union, or dead. lhe people were never absolved from the duty of allegiance, nor the nation deprived of its rights of sovereignty and jurisdiction, though their exercise was interrupted in fact. o State ever became a mere territory, or could be governed as such, since the peoeple and geographical State survived, entitledto the guaranteeof state government so soon as Congress might deem practicable, or to military or civil provisional government as a means to that endi, J (4 Wheat, 316; 12 Coke, 130338; 2 Bishop Cr. L.) and no change could be made in State boundaries except in the mode prescribed in the constitution. The constitutionalties which bound the geo graphical States and people in the Union were never sundered in the eye of the law, and they therefore continued to owe to the national Government every constitutional duty, though they in fact rendered none. Their State constitutions and laws remained in force to preserve l every right of person and property, except such CONDITION and RIGHTS OF REBEL STATES. sanction of as were changed by the war, but with no mean! of enforcing them, and incapable of securing the exercise of any political right when all title to ofice ceased with no authorized mode of resuming it. PRACTICALinronnser or rmi cussrioxs. We have been told that these are “ metaphys ical questions of no importance.” I maintain that they involve vital principles of constitutional law more deeply affecting the character of the Government and the prerogatives and interests of the people than any which have arisen in our history. If by rebellion and flagrant war the States incur all the penalties of war, subject to reconstruction by national authority, or if when State government is abandoned or destroyed, the Congress may interfere to guaranty it, then is the power of the people complete to preserve the national life, and prescribe the means and the terms and the time necessary therefor. (Wells exparte, 18 Howard.) But if the power of reconstruction reverts to the States or their people, with no forms of law to guide them, an with no restraints; if they may at once without terms, or guarantees, or even loyalty of purpose, resume governments they have repudiated, contemned, despised, abandoned, and overthrown, orcreate new ones, the result will be only to transfer treason in arms to traitors in the councils of the State, and the nation, retainin the uncontrolled power to oppress all who have beenffaithfnl, and finally to destroy the nation itscl. If it is the unquestioned right of the president alone, without the authority or ratification of Congress to set up State governments, then a result will follow which the President never intendedthat SCarolina and all the rebel States, the moment when war in legal fact ceases, will, as a matter of absolute ht, and without question, be entitled to have Sens&Reps who can take the oath of office, at once admitted to Congress, no matter how disloval and hostile and illy prepared to maintain State government may be the people. It is fearful to contemplate a power wiiich in. hands less faithful than those of our new respected Chief Magistrate, might be employed to perpetuate his own indefinite away. last powers unrestrained in the hands oi anyone man are incompatible with republican governmentat. I speak in behalf of the majesty of the of the supremacy of their power throng people, their representatives in Congress, and in their name, and Jin the name of the constitution and of the sainted dead who made and construed iIt, demand that in our own good time and way, the Congress, “the U.S., shall guaranty to each State” “ a RFG.” In the exercise of this high power vI demand that if there may be no indemnity for the past there may be some terms, some security, at least the security of loyalty. for the future. (1 Black, 436474; 5 Elliots Debates, 492, August 29, 1787; 3 Howard, 689; 4 When ton, 316.) no nummnrvss on riirsininnui. sircroas:1 KOSTATEGOVERNMENT. But if there be no State government, then the right of representation in Congress and the Electoral College does not exist. The constitution declares that in the election of Representatives “ The electorsin eachStateshall have the qualiti oation requisite for electors of the most numeroil branch of the Legislature.” If there be no State government there can be no electors no legislaure, and without thl Congress no Representatives in Congress. If there be no Legislature there can be no Senators and as presidential electors are to be appointed “in such manner as the Legislature may direct, ” there can be no elect ors if there be no legislative power and no authorized officers to hold elections. IWOGROUNDS UPON WHICH STATE GOVERNIENT LOST There are 2 grounds upon which the nation may treat the rebel States as without any civil State government: 1st, as a traitor government by the military right of the conqueror; secon, because in fact all lawful State government has been abandoned and for fleited by universal rebellion, and all rebel government has been destroyed. aienrs or ran vrcron is wan and 1st as to the rights of the victor in war. It has already been settled that “in organizing this rebellion” the States “have acted as States.” 2 Black, 673; 3 Dallas, 93.) and further, that “ The civilWar between the U.S and the Imoacganllictudde confederate States had such character and asto give the U.S. thesamerights guhpowers which they might exercise in caseof a reign war.”2Black, 630. Every reason of this rule makes it applicable to local as well as to foreign government. The war power in civil as well as foreign war is limited only by necessity or the constitution; and these alike unite in clothing the nation with all the powers of a conqueror and this is so because the constitution recognizes the laws of nations as a art of the law of the land. AttyGen opinion, July, 1865.) et who will say that a conuest by foreign war does not give the victor the right in the exercise of civil power to create new civil government and to overturn that which exists? (U.S. vs. Percheman, 7 Peters, 86; Boston Law Reporter, June, 1862 page 498.) This right was asserted in our territorial conquests from Mexico, was affirmed by the Supreme Court, and was employed by the resident when be dissolved rebel legislatures, prohibited their reassemblage, drove out of o co all rebel officers, and set upprovisional military governments over most of the States. (Cross vs. Harrison, 16 Howard, 194.) This right is asserted by all the writers on international law as between international States. Grotius says:, “Livy tells us that the Romans were willing that Capua should be inhabited as a town but that there should be no corporation, n osenate no common council, nomagistrates. no yurisdiction but a depend mt multitude, and that a goycrnor should be sent m Rome to dispense JuSlICO among them; and therefore Cicero, in his 1st oration to the people against Tullus. says that Capua had not so much as the shadowof a State left. The samemaybesaid of those reduced into the form of a province and of them who are subjectedto another people. asbyzan tinm was to Perinthus by the Emperor Severus, and Antioch to Laodicea by Theodosius. "Gromu, $5; 2 Macaulay Eng. I 624 and as applied to the rebel States, it exists gualified by the duty of the nation to State governments. Let me be undersgtuoaorda;nty do not apply this right to lawful State governments. HISTORICAL suxnav. But lawful civil State government does not exist in the rebel States upon other rounds. In the years 1860and 1861 11 of the States adopted ordinances of secession. Each for itself let up in form, but not in legal fact, a new government, claiming to be an independent sov Qrei nationality. Theyunited and formed a conederacy known as the confederate States. The States, the confederacy, and their people made war on the U.S. "and wage it for 4 years. When conquered by our arms, the rebel State and confe erate governments Meredissolved, their officers dispersed, their assumed authority terminated. The President, by virtue of his undoubted military power, set up in most of those States a military provisional vernment, with each its military governor. 16 Howard, 194.) But the President went further. By proclamations, without any law of Congress, he required these governors severally to assemble conventions to create State constitutions, to provide for elections; and new State governments supplauting the military have been aetup and now exist, purporting to be civil in form. Butpeace is not yet dec ared. A state of war exists. (AttyGen’s Letter, January 4.) arsiu. sms oovxaxnsrs nor nacoomzna. The rebel State governments have been overthrown and no State asserts any right under them. The war power in fact destroyed than}. inst traitors and As they were not republican in form in the sense of our constitution, Congress might have inte osed to overthrow them if the civil power con] have accomplished it. The belligerent rights accorded to them did not "conce e that they formed a State or that they were defacto such. There is a difference between belligerents and belligerent States.” (PresidentWool sey, Yale colege, International Law, 231.) other GOVERNHRNTS NOT EXIST!!!) If, therefore, there be any valid civil State government it must be because the State governments in force when the secession ordinances Were adopted either 1. Continued to be and are governments; or, 2. Were suspended by rebellion and are restored; or, 3. That new governments have been lawfully set in operation. All of which I deny. LOYLL GOVERNMENT. NDONED and 1st, did those governments continue? That State constitutions might provides mode of resumin government after all its functions have ceased might possibly be conceded. That no one has done so is certain. During the 4 years of rebellion every function of these governments ceased, every duty was repudiated, every office was aban doned, every term of Office had expired, there was no claimant or anyone entitled to hold any office, and no law provided any mode of electing or authenticating the election of any. If vernment can be abandoned, abdicated, or destroyed by war; if the corporate State may be dissolve, as may a private or municipal corporation, by any means; if the constitution, as its charter, may be incapable of operating for want of officers to constitute government, then did these governments cease. (Glover on Municipal Corporations, 408; Stat. 2 W. dz M. c. 8.) and that they may do so, and did so, I affirm on the authority of the constitution, of the laws of nations, of adison, of the Supreme Court, of the lamented Lincoln, and of President Johnson. The constitution declares that.” The U.S shall arantyto everyState" a RFG. "Art. 4. sec. 4. This implies that a State may abandon all government, else why talk about guarantying government to a State if it could not cease to have one? The DeclarIndep afirms of George In, that "He has abdicated government here by declaring in out of his protection and waging war against us.” The rebel States declared themselves out of our protection and waged war against us. Grotius, that highest source of international law, says: In H i I C by being aban oned and deserted.” He adds: "Isocrates, and afterhim the Emperor Julian. said that Stateswere immortal; that is the may possibly provesO. "The rumeand constitution of the body is dissolved and broken when the subjectseither of their own accordare disunited on the account of a pestilenceor a sedition, or are by force so mattered as that the cannot more reunite. which often happensin war. War and Peace, 265. Mr. Madison says of article 4,section 4,o“f the constitution, its chest was to authorize Federal interposition” when there is employed “force to subvert the Government, ” that “the authority extends" to a case where there has been a predxisting government: that to deny the power of interference in the domestic concerns of the members" of the Union, “against changes to be effected by violence, usurpation, sedition, ” would “deprive us of one of the Bflnegpill l. advantages of Union.” (Federalist 4. If a new State should "be formed by the junction of 2 or moreStates, ” as the constitution authorizes, where would be the old cororate States, the governments? Overthrown, destroyed. "may cease In Luther vs. Borden, 7 Howard, 42, Judge Taney says: I Undoubtedly a military government, established as the penuanent government of a State. would not he a republican government, and it would be the duty of Congressto overthrow it.” If the power should be exercised, would not the government cease? In the amnesty reclamation of December 8, 1863, President Lincoln, distinguishingwith great accuracy between the condition of national and State authority, says: “The national authority has been suspended, and loyal State governmentshave been subverted;" and “have for a only time been subverted.” and in his message he suggests a plan by which new State govemmeuts may be “ set u.” 0n the 18th of March, 1862, AndrewJohnson in an address to the people of Tennessee, sai: “I find mostif not all of the ofliccs. both Stateand Federal. vacated either by actual abandonment or by the actionof the ineum entsin attemptingto subordinate their functions to a power inliostility to the fundamental law of the State and subversiveof her national allegiance.” The President, in his several proclamations of 1865 uppointin military provisional governors for the rebe States, declares that “The rebellion has in its revolutionary progress dOHltlVEd the people of the State of all civil government and provisional governors were appointed, say the proclamations " For the purpose of enabling the loyal people of the [geographical] State to organize a [new] State government. " and the object is declared to be " To prosent [to Congress] such a republican form of State government as wrll cutitlp the eographical tatp to the guarantee of the U.S. therefor and so the people of the South have under stood their condition ever since the surrender of the ir last arm, on the 26th of May, 1865. On the 15th July, 1865, James Johnson, in accepting the office of provisional governor, said to the people: “According to the proclamation of the Prujdent, we, as Georgians, stand today Without any civil government. We have no Governor no Legislature. no judges. No inferior magistrates. This has been the result of the rebellion. It has deprived us of all the machinery necessary to carry on acivil government.” It was because these geographical States “ had no Governor, no Legislature, no judges, no inferior magistrates”no government, and no mode known to their constitution or laws of restoring any, that the President interfered. If such a “dependent multitude, ” incapable of exercising any function of State government or discharging anyone national duty which depended on State government: if these constitute government, from such good Lord deliver us! The Gentfrom NewYork [Mr. RAY MOXD] admits, a on the authority o Wheaten and Grotius and qhrlamaqui, that " Habitual obedienceto law is essential to the existence of a State" government. If rebel government preserved the identity of the State, yet this was overthrown, and obodience ceased both to loyal and usurped government, and therefore nllState governmen tceased and this has been solemnly decided by congress by declaring that a majority of the Sens&Reps from the loyal States should constitute a quorum, and that the loyal States alone had the right to elect a President and VEEP. The very title under which the President now holds his office, and the authority by which laws are made here, constantly admenish us that the geographical States of the South have ceased to have governments or the right to a voice in electing a President or senators or Representatives. (JtResolution Congress, February 8, 1865, Laws 1866, p. 668.) Loni. oovlnxinrxrs For arsuxnn. But could the original loyal State vernments be resumed? It has been anciently shown that they were destroyed, not suspended merely, and therefore could not be resumed. If they could be resumed it must. be in ohe dience to some law, or under the war power of the President, or because the right to do so was inherent in and reverted to the people. But no law provided the means or a mode of resuming abandoned constitutions and government. No man can point to any proyismn of any constitution or law authorizing this. The war power may set up military or provisional but not permanent civil government, for this is the exercise ofacivil power. (Cross at. Harrison, 16 Howard, 194; ederalist, NO. 69 so.) The power to “execute the laws” does not authorize the President. to do this, for there are no laws of the U.S. for this purpose to be executed. The power to guaranty government is granted, not to the I resident, but to the U.S. If the President may lawfully do this, his decision would be final; but in our system “Congress must decide what government is established.” (7 Howard, 42.) The Gentfrom NewYork [Mr. RAY MOND] declares that “ We ought to acceptthe presentalolmof thosouthern States and regard them as having resumed. under the Presidents guidance and action the functions of selfgovernmentin the Union. "Spee h, 29!]; January and he quotes these passages from Wheaton to sustain him: "But whatever be its internal constitution or form of government or whoevermay be its rulers or even if it be distracted with anarchy. through a violent contestfor the Government betweendifferent parties amoni. rthe people. the State still subsistsin contem plntion of law until its sovereigntyis completely extinguished by the final dissolution of the social tic or by someother causewhi. puts an end to the being of the State.” "The habitual obedienceof the membersof any political society to a superior authority must have once existed in order to constitute a sovereignState. But the temporary suspensionof that obedienceand of that authority. in consequenceofa civilWar. does not necessarily oxtinguish the beinxpt a State, although it may affecttor a time its ordinary relations with other States.” and he proceeds to argue that“ the coalition which attempted to restore order and the Bour bons to France, ” after the “great contest of the French Revolution, ” held “ that France had [never] ceased to be a State;" that although In Mexico “sovereignty resides in” Maximilian “ who holds its capital, its archives, audits laws, ” yet “when Juarez comes back to take possession of the Government" it will still surVive. I am free to concede that it is true of England. of France, of Mexico, and of our own nation, that the temporary overthrow of supreme national government will not destroy the constitution or the right to resume it and this is so upon 2 grounds: either because a rightful title to Office survives in lawful officers who can resume the coiotitutional exercise of Government, or because when this is not so sovereignty reverts to the people and may be resumed by them in the constitutional forms, or by their own act if no such forms are prescribed. The constitution of England, in essential features, was suspended during the reign of Cromwell, which interrupted but did not destroy the hereditary title of Charles H to the crown, to resume the exercise of sovereignty. The same principle applies to all Governments with hereditary sovereigns. In our own national Government the constitution or Government cannot perish, because while a sufficient number of the States survives the means are provided of periodically supplying the executive and legislative branches of the Government with the appropriate Officers to execute their duties, or iFall this should fail sovereignty would revert to the people to be by them resumed under a constitution on its face of perpetual obligation and retaining vitality n: proprio vigore. his principle is recognized in Grotius, who says: " In an elective Government if the King or royal family [or President and Congress]should become extinct. the right of sovereignt would revert to the people. "1 GumballlGratin. chap. 9 and this is necessarily so, since there is no superior power authorized to guaranty government. But these, or European analogies can furnish no rule of international or constitutional law for States in our system. A State of the Union is not a nation in the sense of internationallaw. The nation alone is recognized among the States of the world and in the States, when all title to othee has ceased and no mode of supplying any is authorized, it becomes the duty ot congress to guaranty government. This cannot be done by the people without law, for if o conflicting and hostile governments might be set upps numerous as the political parties or conventions that might assemble for not purpose, and discord won (1 reign supreme. The power of reconstruction or sovereignty did not revert to the people of the States, because the constitution declares that no powers "are reserved to the States respectively or to the people.” which are “delegated to the U.S. "Art. 10. amendmen" and the power of reconstruction is delegated to Congress in these words of the constitution: “The U.S shall guarantyto everyStatein this Union a RFG.”Art. 4. sec. 4 and as Bishop very justly observes: "A State which has ne government has not a RFG. "2 Criminal Law. section 1224. notc. This power is wisely delegated to Congress, because it is essential to the national life. It left to the States they might forever decline to exercise it under the promptings of the same spirit that would induce rebellion. The very occasion which would create the necessity to organize new State government would prove that the duty to do so could not be intrusted to those unwillingto maintain government. In this respect a State of this Union is less in power than an international State and in addition to this the power of reconstruction is a national power. not only inherentin the right of existence, with the incidental power to perpetuate it, but as an incident to the right of the continued exercise of every power of the national Government. Unless we concede that the nation may law fully die, we must maintain its power to employ all the means necessary to its continued existence. rm: rnrsionxr suenose rms visw and the Presidentin his proclamations treated the old constitutions like other corporate charters, as having ceased to constitute or be capable of constituting government: 1. By himself calling conventions to create new constitution s, thus denyingthat sovereignty had reverted to the people or that State constitutions as charters of government were in force. 2. By requiring delegates to conventions to be elected by citizens “ loyal to the U.S and none others, ” whereas the State constitutions made all male adult white citizens voters. 3. By requiring that “ no person shall be qualified as an elector or shall be eli ible as a memberof such convention unless he shall have previously taken and subscribed the oath ofam nesty, ” whereas the State constitutions required no such tests. (See act of February 25, 1865, 13 U.S. Statutes, 437.) 4. By requixing new constitutions to bemade at times an in a manner unauthorized by the old ones. 6. By invoking, as in the proclamations he did, not the military, but the civil power of the constitution “to guaranty” State governments as the authority igr all this. If the old constitutions were alive these things could not be done. They were alive in all things or dead in all things as charters of government. If dead as to the qualification of electors and the mode of amending, they were dead for all purposes of constitutin government. Let me illustrate this by an example. The constitution of SCarolina in force when the rebellion commenced provides that " No part of the constitution shall o alteredunlosl abill to alter the same shall have can read 3 timesin the HoRep and 3 time! in the Senate and agreed to by 2/3rds of both branchesof the whole representation.” i Yet a new constitution has been created for SCarolina and other rebel States in a manner wholly unknown to their constitutions or, laws. The governments, then, which have been set up are new creations. Provisional Governor Johnson, in the same address to which I have alluded, declared this in these words: “Under this state of facts I have been apointed by the President provisional govemor of corgia. All the power which I can exerciseover you in this office is derived by virtue of my appointment from him. I have not been elected Governor under the laws of georirio. nor by the sovereignpeopleof Geor gia. have not been appointed for the purpose of estnblishinggovornment. administering government: but appointed, as the proclamation doctires. for one single purpose and that is to enable the people Georgia to form a government;" that is, to create a new government. It may be said these conventions amended the old constitution s. They setu new governments, as much so as the robe confederacy which amended and adopted our national constitution as the Magna C arta of a new govern.ment, 9. new creation, a newborn nation, that fortunately died before its birth was complete. unw oovxniruzivrs invn nor ":1 as" “wrote! canrun. Thesame argument which proves that nei ther the President nor the people of the States could lawfully set in motion suspended State government as in abeyance, equally disprove! the power of either to create newState overmments. The Gentfrom NewYork[Mr. RAYMOND] practically concedes this. His language is: “He [the President then appointed provisionl governorsby virtue o his authority asCommander inChici of the Army and Navy. under whosedirection an guidance. asrepresentativesof the national authority. this processbf restoration might proceed. “Now. I know the question has beenraisedand perhapsit is not quite clear and free from doubt as to the precise legal authority ho had to take this specificstep. "Speech. January 29 and my colleague [Mr. HUBBELL] says: “I claim the right and poworof Congrees to review what has beendone in the restoration of civil governmentsin the rebel States.” “Thercare irregularities in this plun.”Speech. Fob ruaru 5. I am not now objecting to the measures taken by the President for reconstruction, for he has not yet denied the power of Congress to make laws authorizing tecreation of new governments, nor has he asserted that the existin governments will be valid without congresson ratification. The people of California without authority organized State government, and it only became valid when ratified by Congress, an this is the condition of Colorado now. The highest court has finally and forever settled this power of Congress to guaranty government and determine what one lawfully exists in a “ State by saying: It roots with Congressto decidewhat government is the established one in a State and when the Sens&Reps of State are mitted into the councils of the Union. the authority of the government under which they are appointed. as well as its republican character is recognizedby the proper constitutional authority and its decision is bindin on every other Dept of the Government. an could not be quostionedin a judicial tribunal ColhounoWork. 332. That the whole policy of reconstruction was in view of these principles and dependent for volidit on the action of Congress is manifest, not on y because it is not to be presumed that the President designed to transcend the constitution, but because he has declared his reconstruction scheme to be an “experimentH only, and has in his message referred to Congresl the question whether Sens&Reps shall be admitted. If it had the effect of absolute law it could not be an experiment, and if the right of representation was absolute it could not be referred to Congress for the exercise of discretion. In the report of General Schurz to the president, it is said: “You informed me that your policy of reconstruction wa smerely experimental and that you would change it if the expergeut did not lead to satisfactory resulmlSemto item: If the President may abandon the “experiment” may not Congress do the same? The message concedes congressional ratificauop to be necessary, by saying that this “policy implies an invitation to those States" “to resume their functions, ” which can only be done under the power to guaranty government. If the corporate States survived, or awoke from abeyance, or if “sovereignty reverted to the people, ” neither executive or congressional power could interfere. The obligation to guaranty republican government is not to restore or preserve the original State government, but “a RFG”one in the discretion of Congress; a new proof that the original cororate State may forfeit existence. (Madison Papers, 728, 734, 794, 844, 858, 861, 913, 1139, 1241.) usooula rouer or RECONSTRUCTION. There can therefore be no valid de jure reorganized civil State government unless previously authorized by Congress or now ratified by it. This is precisely the doctrine of President Lincoln and the Congress which ratified the new government created for Virginia in 1861. Governor Peirpoint, of Virginia, in his message of. Jnne 20. 1865. affirms in effect that the lawful government of Virginia was abandoned and destroyed by the rebellion; that the loyal people set up a new government without presidential intervention; but that it was unau thorized until ratified by Congress under the power to guaranty State government. His language is: “I shall nothereenterinto adisclissionof the causes of secession. but will state some of the political results of that. act and in doing so I shall quote freely from one of my former messages. in April. 1861t. he State convention passedwhat was called an ordinance of scommon. pretending to absolve the peopleof the state from t io duties and obligations of citizens of the U.S and thereby destroyour nationality. They attempted to transfer the allegiance of the people to a pretended foreign nation. This action was opposedbythe loyal monof thostate asiin lawful and revolutionary. hold in; that the constitution of the U.S. was adopted by the peopleof the U.S and could only be altered or amended by them. acting in conformity With its own provisions for its amendmentor alt"eration. The executive otheersof the State havingioined the iusurrcctionists. the loyal peopleof theState were thrown upon their original rights ascitizens of the State and of the U.S. They called a convention. composedof the membera clectedto the General Assembly. on the 4th Thursday of May, 1861 and in addition thereto. doubledtho numberol dolo ates that eachcounty was entitled loin the popular ranchof the legislature . The capital of the tato being in the ban aof the insurgents the convention assembled at Wheeling, on thellth dayofJune. 1861. to tithe into consideration what was host to be done for“ Amirogniigiin. the 1st ordinanceswhich they edwas one to declare the offices of Governor, leutenunt Governor and attorne general vacant on account of the incumbents of son offices having taken an oath to support what they deemed a foreign government and the convention proceeded to elect officersto fill their placesfor the termof 6 months and until the loyal loniblyp. Eospoleu of the State irbsyuocredeesrsoorfst. He General As “The Governor thus elected immediately notified the POTUS of the domesticvio lence exwting in the state and of his inability toan press it, and called for militaryl assistance. in accor uponwith the provisions oft a constitution of the U.S. this call the POTUS through his SecyWar. responded, both by prisomkuisoi nwgland sendingmilitary aid. also BXPIGSSIDR e of the acts and, ur osesof the confederation. he Executive of the tatc. thus recognized. immediately called together the General assembly of the State. Messrs. Hunterand Masou. ths U.S. Senators from Vi inia. having also Joined in the rebellion the legislature thus called proceeded to elect 2 U.S. Senators to fill their places. The Senatorsthus electedwere admitted to seats in the U.S. Senate.” Th hceling convention made both single alteration in the constitution of the Stats, which was to reduce the number of members in one h House of the General assembly necessaryto constitute a quorum todo business. hey directed that; the seat of ov irnmout should be for the time being at Whecing. cfore the State was divided. the Legislature passed no act –directing the Executive. upon the organization of the new State of WestVirginia. to establish the scat of governmentwithin the State at such place as he might deeni nt. I “ chose Alexandria. The authority for this proceeding is derived from the 4th section of the 4th article of the constitution of the U.S. which is as follows: “The U.S shall guaranty to every State in this Union a RFG and shall protect eachof them against invasion, and on application of the Legislature or of the Executive (w ien the Legislture cannot be convened.)againsl domestic vlolence.” “This clause was inserted in the Federal Constitution to rotcct the minority or the party caker in available strength. Mr. Madison. in the ederiilist. speaking of this clause. says: “ At. 1st view it might seemnot to square with the republican theory to suppose either that the authority havenot the right or that a minority will have the force to subvert the government and consequeritly that the Federal interposition can never be required butwhenit would be improper. But theoretic reasoning in this. asin mostother cases. must be qualified by lessons of practice. Why may not illicit combinations for purposesof Violence beformed as well by is majority of a State, especially a small State, as by a majority ofacounty or adistrict of the same state I Among the advantagesofa confederate republic enumerated by Montesquicu. au important one is. that should popular insurrection happen in one of the States. the others are able to quell it. Should abuses creep into one part. theyare reformed by those that remain sound. ” The great name of Lincoln has been invoked to sanction the power of reconstruction uuder presidential reclamation. He did, in eed, by his amnesty proclamation of 1863 propose a plan for the creation of new governments. But of this I remark: 1. This was done agrante bello, as a war measure, to induce the people to abandon rebellion. The same reason does not crust now. 2. He did not maintain that governments could be set up without the authority or ratification of Congress, for his amnesty proclamation says:.” Whether memberssentto Congress from any State shall be admitted to seats. constitution ally rests exclusivoly with the respective Houses and not to any extentwith the Executive.” and Congress refused to admit Sens&Reps sent from Louisiana and arkansas as reorganized submodo under president Lincolns proclamation of 1863. 3. He admitted the power of Congress, and as there could not be 2 absolute powers conceded he had none to create civil State government and President Johnson in his message admits the same thing, saying: “In caseof the usurpation of the governmentofa State by oneman or an oligarchy. it becomesa duty of the U.S. to make good the guaranteeto that State of a RFG.” In his proclamation of July 8, 1864, president Lincoln said: "I am unprepared" “ to be ipfl exibly committed to any single plan of restoration.” and referring to the bill passed by Congress authorizing the appointment of provisional governors to be charged With the administration of civil government until a State government therein shall be reorganized as therein provided, but which failed to become a law for want of his approval, he says: If am fully satinfled with the system for restoration contained in the bill asone verypropor plan fpr the loyal people of any State choosing to adopt it and that am and at all times shall be prepared to give the executive aid and assistance to any such people, ” &c and in his speech of April 11, 1865, he speaks of “the new State governments" to be organized in these States.” 4. He declared himself m favor of “constitutional conditions” as a right of the victor and one inherent in the nation, and be affirmed that the idea of revived State government” was “simply absurd.” He recognized the right of imposing terms, a power already exercised when Missouriand WestVirginia were admitted into the Union. (3 Howard, 609; 6 Elliots Debates, 492.) In his message of December 8, 1868, he says: “It is alsoprofferedthat ifin any of the States named a State governmentshall be in the mode prescribed act up. Such government shall be guarantied by recoFniz and the U.S and that under it the State shall on constitutional conditions be protected against invasion and domestic violence.” “ An attempt to guaranty and protect l. re vived State provernment constructed in whole or in preponderiiting part from the very element against whose hostility ii is to be protected is simply absurd.” BlATIOOVBBNIEITB NOT YET RECOGNIZED REBEL srirss. But we are told that Congress has aportioned Representatives and direct taxes toal the States, I! that national courts are held, ost offices established and revenues collecte; and thus all the States have been recognized. I do not doubt the continued existence of the geographical States, but if it be said that State governments have been recognized, I deny it. We hold national courts. collect revenues, and appoint postmasters in Territories, butthey do not there 3 become clothed with State governments. The existence of a State government is not necessary for any of these purposes. rercsentatives and direct taxcswere apportione before the present State governments were set up, and they are not. therefore recognized. (Act of March 4, 1862, and August 5, 1861.) If this orment proves anything it proves too much. twould prove that the robe State government of South arolina was a valid State government of the Union, for that was the only State government exercising jurisdiction when these acts were passed. If Congress should even declare that a State government existed when none in fact did. that would not make it so. These acts only fixed the number of Representatives and the amount of taxes apportioned to each geographical State in anticipation of the recstablishment of State government. But it is said the SecyState is required by law to make publication of constitutional amendments when“officially notified” of their ratification by States, and that having done so as to the amendment abolishing slavery, certain State governments are thereby recognized. But his proclamation that he is “ ofli cially notified” when there is no valid State government to notify him, cannot change the tact. He is not clothed with power to recognize State governments, for that rests with congress. But we are gravely informed that the resident has recognized the existing State governments as valid, and that his decision is “final and conclusive ” and “could not be reviewed or reversed by an authority whatever.” We are not to] by what acts they have been so recognized, but the message itself denies this by referring to Congress the question of admitting Sens&Reps. In the Dorr rebellion case, (7 oward) the court said that as Congress had by law made it the duty of the President to supress insurrcction i“n a case of 2 conflicting State governments, he must of necessity decide which is the government.” No such case has arisen for any decision of the President as to existing governments in the rebel States. Butifso, the court did not declare that his decision would be “ final and conclusive ” on the Government of the U.S. On the contrary, the court did say, “It rests with Congress to decide what government is the established one in a State. ” and if the power may be transferred to the President, may it not be withdrawn? The power is not treated as an original constitutional power of the President, for the court say that Congress, “if they had deemed it most advisable to do so, might have placed it in the wer of a court to decide, ” instead of the resident. conas is the source of orinal power and no derivative authority can be cal and conclusive against the Government. A power which for the time being might be conclusive, as between conflicting State governments or on the courts, is not conclusive on the nation. This concession of “final and conclusive" power to anyone manis a surrender of the constitution itself. What security is there against the abuse of this power? States may be made and unmade by the will of one man; and we are told his decision is “ final and 00m elusive.” If President Buchanan, in December, 1860, had recognized the rebel government of SCarolina as valid, would it be true that this "Wns a final and conclusive decision in favor of that government and such a decision as could not be re" ador reversed by any authority whatever ; If it he replied that he could not recognize an unauthorized government, I answer, that is a petitio principiithe present State governments in the rebel States are also unauthorized. now oovuusuusran as ISTABLIBKID. 4 Since all lawful civil State government has been subverted, the inquiry necessarily arises as to how and when it may be established. The mode is a question of constitutional law; the time is a question of constitutional duty and practicability. That the power rests with Congress has been sufficiently shown. This power may be exercised by ratifying the present unauthorized governments, (2 Black, 671) or by an enabling act. as proposed by the Congress of 1864, prescribing a mode of setting up State governments through authorized conventions of the people. Until this shall be practicable. government, as a means to that end, in the discretion of Congress, may be established, since "If the end be legitimate. all the meanswhich are gppropriato and not pprohibitedma constitution ally c employedto enrr it into etfect. lWheaten, 316; 8 Howard, 60): 5 lliotl Debut“, 492; Martin vs. Hunter. 1 Wheaten3. 25 and Chief Justice Taney says: “It rested with Congressto determine the means peoperdto he adopted to fulfill this guarantee. "7 ODEU For this purpose the present governments may be accepted as provisional, or new ones created in their stead; and because these are grave nestions, the whole subject has been referre to the JtCommee of 15 on reconstruction in order that we may be enlight ened by their labors, and then decide. muons or HASTY nscossrsucrios. Let us pause before we validate and clothe with national power State governments created at the point of the bayonet, grudgingl approved g inconsiderable minorities, an bed together y the sword of the nation. he Governor of Mississippi says “Under the pressure of Federal bayonets the people have abolished slavery” and organized government. (Message, November 20.) The militar governor, Perry, of SCarolina, declare the convention assembled under the Presidents proclamation, “a revolution ary body.” (Letter to Governor Orr, Decem her 9, 1865.) Let us inquire if local government intrusted to loyal men, under congressional law in some, perhaps most, of the rebel States, until militar power shall be unnecessary, will not sooner rin permanent State governments with safety to al, than the hazardous “experiment” of turning over to infuriate rebels the loyal population and the freedmen, before time or ade quate guarantees give assurance of its success. Let us ause before we intrust with power in these He. ls, to govern ns, npeople who are properly held by the President in military subjection, because they are unprepared to govern themselves, or soon that national death which could not be achieved in the field may be accomplished in the Capitol by conspirators, ” Whose treasonlike u deadly blight Comesoer the counselsof the brave and blaststhem in their hour of might.” The writofhabeasoorpm remains suspended, while our military forces and commanders occupyevery rebel State, and with the Freedmens ureau control the exercise oflocal jurisdiction, and set aside State laws and State elections at leusure. I have unfaltering confidence in the a resident, but let us pause before we make precedents for successors less worthy. If executive military power can make and unmake State governments, ended. the point. of the bayonet send representstives to ongress and fill the Electora Colle e, we may live to see in them the reflected will of a military dictator and the end of the Republic. The President. cannot desire this. Will it not rather be time enough. to clothe rebels with political power, when they are prepared todo justice without national military constraint? A State government created and controlled by nations? military power is after all in fact and legal effectbuta military government ninder another name. 8rd, I do not condemn the exercise of this military power. The disloyal condition of the people renders it necessary. The necessity for its exercise is shown by military orders sanctioned by the President. Permit me to read some of them. Here is one: [General Orders, No. 4.] HEADQUARTERS DNsDrx, nrnsur or Vine isis, VA" January 24, 1560. By a statute law passedat the presentsemion. of the Legislature of Virginia, entitled " A bill providing for the punishment of vagrants, ” it is enacted, among other things. that anypllSllGQof the peace, upon the complaint of anyone of certain officers therein named, may issue his warrant for the appro hension of any person alleged to be u vagrant and cause such person to be apprehended and brought before him: and that if, upon due examination, said justice of the peace shall lind that such personis n vagrant within the definition of vagrancy contained in said statutehe shall issue his warrant directing such personto be employed for a term not exceeding 3 months, and by any constable of the county wherein the proceedings are had, be hired out for the best wages that can be procured, his wages to be applied to the support of himself and his family. The said statute further provides, that in case any vagrant so hired shall during his term of service run away from his employer without sufficient cause, he shall be apprehend on the warrant of a justice of the peace and returned to the custody of his employer. who shall then have, free of any further hire theser vicesof such vagrant for one mo th, invud ition to the original term of hiring: and hat the employer shall then have power, if authorized by a justiceof the peace towork such vagrant with ball and chain. The said statuto specifies the persons who shall be considered vagrants and be liable to the penalties imposedby it. Among those declared to bevagrants are “all persons who, not having the wherewith to support their families, live idly and without employment and refuse to work for the usual and common wages given to other laborers, in the like work, in the place where t icy then are.” In many counties of this Stutmmeetin of employers bud been held, and tin:ust and wrongful combinations have been entered into for the purpose of depressing the wages of the freedmen below the real value of their la Mr. for below the prices formerly paid to masters for labor performed by their slaves. reason of these combinations, wages utterly ins equate to the support of themselves and their families have, in many places, becomethe usual and common wagesof the freedmen. The effect of the statute in question will be, therefore, to compel the freedmen. under enslty of punishment as criminals, to accept and labor for the wages established by these combinations of employers. It places themwholly in the powerof their employers, and it is easy to to reseo that, even where no such combinations now citist, the temptution to form them, adored by the statute, will betoo strongto beresisted, and that such inadequate we cswrll become the common and usual wages thronghout the State. The ultimate efifect of the statute Will be to reduce the freedmento a condition of servitude worse than that from which they have been emancipatedn condition which will be slavery in all but its name. It is, therefore, ordered that no magistrate. civil officer, or other person shall in any way or manner apply, or attempt to apply, the provision of said statute to any colored perponin this Dept. By commandof igor General Terr: DWARD W. S; ITH. Armin! Adjutant General and I find it said: “The withdrawal of the military from the interior of the State has opened the floodsof rancor toward loyfl menand negroes and already oasesofunwonted abuse and unseemlyhorror have been reported to these headquarters. In orderto properly checkthis alarming evil, General Tera hasfound it necessary. as follows, to clothe the o coreof the Freedmens Bureau with extraordinary power: [General Orders, No. 5.] HEAbie iARTERSD riurirssr or Vine isu, ionirosp, lnOlRlA, January 24, 1866. All officers in the military service in this Deptsneting m supennten cuts or asst superintendents of the Bureau of efugces. Fflbtllntll. &e., are hereby invested with nll the power and authority usually exercised by provostmarshals. By commandof Mmor General A. ILTerry: EDWARQ W. SMI H, ABQMRITAl Adj on! General.” and in SCarolina, GenlSickles has found it necessar to protect the freedmen by similar orders. ere is one: a [General OrderS.No. 1] “1" It Hesperusrims DEPT Sourn Cancun“, enintssros, January 17, l I. To the and that civil rights and immunities may be enjoyed; that kindl itants of the St to may relations nmomz the inhable established; that the rights and duties of the employer and the free laborer respectively may be define; that the soil maybe cultivated and the system of free labor fairly undertaken; that the owners of estates may be secure in the possession of their lands and tenements: that persons. Nblep and willin to work, may have employment; that idleness vuzra –uey may be discountenanced, (Cross cs. Harrison, 16 How and encouragement given to industry and thrift; and that humane provision may be made for the aged, lllfillll, and destitute, the following regulations are established for the government of all concerned in this Dept: H. All laws shall be applicable alike to all the inhabitants. o person shall be held incompetent to sue, make complaint, or to testify, because of color or caIsRIe. All the employments of husbandry or the useful arts, and all lawful, trades or oallmss may be followed by all persons irrespective of color or caste; nor shall any freedmen be obliged to pay any tax or any feefor n. license, nor be amenable to any municipal or parish ordinance, not imposed upon all other persons. IV. The lawful industry of all persons who live under the protection of the U.S., and owe obedience to its laws, beinguseful to the individual and essential to the wclfare of society, no person will be restrained from seeking employment when not. bound by voluntary agreement, nor hindered from traveling from place to place, on lawfulbusiness. All combinations or agreements which are intended to hinder, or may sooperate as to hinder, in any way, the employment of laboror to limit compensation for laboror to compel labor to be involuntarily performed in certain places or for certain peine ns; us well as all combinations or agreements to prevent the saleor hire of lands or tenements. are dec and to misdemeanors; be and any person or persons convicted thereof shall be punish by fine not exceeding $500, or by imprisonment, not to exceed 6 months, or by both one fine and imprisonment. V. Agreements for labor or personal service of any kind, or for the use and occupation of lands and tenoments, or for anyotherlawfn purpose, between freedmen and other persons, when fairly made, will be impartially enforced against either party VlOllllm tbesame. I. Freed persons unable to labor. by reason of age er inflrmity and orphan children of tender ycnrs, shall have allotted to them by owners suitable uurters op the Grammes where they have been heretofore domieiled as slaves, until adequate provision. Approved by the general commanding, he mudg for them by the Stateorlocal authorities, or otherwise: and theyshall not be removed from the premises, unlcss for disorderly behavior. misdemeanor, or other offensecommitted by the headof a fnmily or a memberthereof. VH. Ablebodied freedmen. when they leave the premisesin which they may bedomiciled, shall take with them and provide for such of their relatives as by the laws of SCarolina all citizens are obliged toV maintain. When a freedperson. domiciled on a plantation refuses to work there, after hlVlDF been offered employment by the owner or lessee on fair terms. approv by the agent of the Freedmens Bureau, such freedman or woman shall remove from the premises within ten days after such offer, and due notice to remoVe by the owner or occupant. When able –bodied freedpersons are domiciled on premises where they have beenheretoforeheld an slaves and are not employed thereo nor elsewhere. they shall be permitte to remain on showingto the satisfactionor the conimunding otheer of the post that they have made diligent and proper etlorts to obtain employment persons occugying premises Without the authority of the U.S or the permission of the owner, and who have not been heretofore held. There as slaves. may be removedby the comman otheer of the poston the comlaint of the owneran proof of the refusal of said freedpersons to remove after ten daysnotice. Any person employed or domiciled on a plantation or elsewhere, who may be rightfully dismissed by the terms of agreement, or expe led fer misbeha vior, shall leave the premises, and shall not return without the consent of the owner or tenant thereof. XH. Commanding officersof districts wrll establish within their commnnds respectively sutable regulations for hiring out to labor, for a period not to exceed one year, all vagrants who cannot be advantageously employed onroads. fortifications, and other public works. The procceds, of such labor shall be paid over to the asst commissioner of the freedmens Bureau, to provide for aged and infirm refu gees. indigent freed people, and orphan ch dren. XHI. The Vagrant laws of the State of SCarolina applicable to free white persons whll be recognized as the only vagrant laws applicable to the freedmen: nevertheless, such laws shall not be considered applicable to persons who are Without employment, if they sh l prove that they have been unable to obtain employment, after diligent efforts to do so. i A XIV. Itshall be the duty ef officers commanding posts to U06 that issuesof rations to freedmen are conhed to destitute persons. who are unable to work because of infirmities arising from old age, or chronic diseases, orphan children to young to work, and refugee freedmen returning to their homes with the soup its isouneosf, ctohmepmraonpdeirnaguotflhiocreirtisewsill and in ordering their be carefuhl encourage idleness or vagrancy. Distinct will make consolidated reports of the l monthly.” Ps" XV. The proper authorities of the State in the several municipalities and districts shall proceed“ make suitable provision for theirpopr, without distinctien of color in default of which, the general commanding will levy an equitable tax on persons and proplerty sullcient for the support of the poor. X I. he constitutional rights of all loyal and welldisposed inhabitants to bear arms will not be infringed; nevertheless this hell not be construed to sanction the unlawful practice of carrying cone wenpons nor to uthorlze any person to enter with arms on the president of author against hiaeoulefl., IQGK} Ii?. l It commons omen 909 No one shall bear arms who has borne arms against the U.S. unless he shall have taken the amnesty outh prescribed in the proclamation of the POTUS uted May 1), 1865 or the oath of allegence, prescribed in the proclamation ot the President dated DeeemberS. l863. within the time prescribed thercin and no disorderly person. vs. grant, or disturber of the peace shall be allowed to ellf arms. XVH. To secure the some equal justice and personal liberty to the freedmen ms to other inhnbltonts. no penalties or punishments differentfrom those to which iill persons are iimenable shall be imposed on freedpeople; and all crimes and offenses which are lpl prohibited under existing laws shall be understood pprohibited in the case of freedmen; and if committed by a freedman, shall upon conviction be punished in the same manner as if committed by n white man. Corporeal punishment shall not be inflicted upon any person other than u mine r and then only by the parent. Guardian deucher or one to whom said mine r is lawfully bound by indenture of apprentice], IX. Persons whose conduct tends to n breach of the peace may be required to give security for their good behavior and in default thereof shall be held in custody. All injuries to the person or property committed by or upon freed persons shall be punished in the manner provided by the laws of SCarolina. for like injuries to the persons or property of citizens thereof. If no provision be made y the laws of the State. then the punishment for such otfenses shall be according to the course of the common law; and in the case of any injury to personor proorty not prohibited by the commonliiwI or for which the punishment sha i not be appropriate. such sentence shall be imposed. as. in the discretion of the court before which the trial is bad shall be deemed proper. lubject to the approval of the general commanding, XXI. All arrests, for whatever eniisc. will be re. ported trimonthly. with the proceedings thereupon. through the prescribed channel. to the generiil communrin g. Commanding officers of districts. subdistricts, and posts. within their cornmiinds respectively, in the absenceof the duly appointed agent. willperform any duty appertaining to the or inurv agents of the Bureau of Refugees. Freedmen. Abandonod Lends. carefully observim for their guidance all order published by the Commissioner or asst commissioner or other competent authority. District commanderswill enforce these regulation by suitable instructions to sub district and ost commanders taking care that justice be done but fair dealing between man and man be observed and that no unnecessaryhardship and no cruel or unusual punishments be imposedupon nny one. By command of Mine r General D. E. Sickleii: W. L. M. BURGER. Aniclanl Adjutant General and these are but specimens of what is necessarily done in the rebel States. oonnrrton or rsssnssn. Even in Tennessee, that most loyal of all the States of the South, although by law rebels ure disfranchised, yet so great is their influence by fraud and force and terror. that the military power of the nation was invoked and employed to control the elections of last August, and then “a partial execution only of the laws was obtained, ” and “ The Governor wiui constrained to declare the elections void in 29 counties of the State.” and the State Union central committee, in their address of January 9, say of “the great secession majority ofTennessee" that “Their sentiments sympathies and passionsre main unchanged. They welcome pence becausethey are disabled from miiking war. They submit because they can no longer resist. They accept results they cannot reject and n halter around their necks. They recognize the abolition of slavery becausethey seeit before themes ii not but they say it was accomplished by gross vioations of the constitution. that the negrois free only in fact. but not in law or of right.” and this is their condition while they have the hope of restorntion to induce good behavior, and in the presence of the military. What it will be when the military is withdrawn and they have no favors to ask weinay well imagine and the central committee further says: “Attho next general election the entire" “ power of the State must pass into the hands of those who have so long oppressedthem [the Union people]and madewiir upon them.” and they pray that " Ifour form of government is snch that to admit our Representatives to seatsin Congresswill compel the withdrnwul of the surpervisin controlof the national Government over our interns iiduirs. thereby insuring the nseendencyof the rebel minority. your nie jworiaiistl prefer and they are sure the loyal people of the State arefer. to live in a territorial condition, ltd even under a military government.” and this address has been indorsod by a vote of the Senate of Tennessee. rofcss loyalty because they have, Governor Brownlow, of Tennessee, recently declared in a speech that “If genernl Tbomus and his military forces were to go nwny and leave us. this Legislature, at. the head of which I an: placed, would bebroken up by a mob in 48 hours.” and in a letter to Hon. Horace Maynard, of January 15, he says: “The rebels of the wholcBouth daily grow more bitter and defiant. In Middle ad East Tennessee they are daily increasing in bitterness; and take the troops away and Union men could not live in the counry and yet I am free to soy Tennessee, in advance of and in ii mode different from all other rebel States, commenced the work of reconstruction, and may be more speedily entitled to recognition and representation. f GenlGrant, in his report of December 18, to the President, says: “ 4 yearsof war. during which law was executed only at the point of the bayonet throughout the States in rebellion nbiive left the people possiblyjn soundi ittiyon not to yield that ready obediencetocivil author the American people have generally beenin the habit of yielding. This would rende the presenceof small gnrrisons throughout those tstes necessary until such time n: labor returns to itaproper channels and eivil authority is fully establish. I did not meet anyone. either those holding places under the Government or citizens of the southern States. who think it practicabletwithdriiw themilitary from the South at present.” General Carl Schurz, in his report, says: “I may lnlmup all I have said in in few words.” If nothing were necessary but. to restore the machinery of government in the States lately in rebellion in point of formI the movement mode to that end by the peopleof the South might be considereds atmfne toryllut if it is required the southern people should also accommodate themselves to the results of the war in point of spirit. These movements full for short of "what must be insisted upon. The loyalty of the massesand most of the leaders of the southern people consists in submimion to necessity. There is, exceptin individual instnnce a, nu entire absence of that national spirit which forms the basis of true loyalty and patriotism. "The emancipation of the slaves is submitted to only in so fur as chattel slavery in the old form could be kc it us. But although the freedman is no longer considered the property of the individual master is considered the slave of society and all independent State Iegislation will show i e tendencyto make him such. He ordinances abolishing slavery, passed by the conventions under the pressure of circumstances, will not be looked upon its barring the establishment of new form of servitude. “Practical nttcm is on the port of the southern people to deprive the negro of his rights as a freedman may result in bloody collisions and will certainly plunge southern society into restless fluctuations and nnurchical confusion. "Such evils can be prevented only by continuing the control of the national Government in the States lntely in rebellion until free labor is fully developed and firmly established, and the udvantnges und blessings of the neworder ofthings have disclosed themselves. This desirable result will be hastenedby a firm declaration on the part of the Government that nutionul control in the South will not cease until such results are secured. Only in this wny can that security be established in the South which will“ remder numerous immigration poaible, and such immi gration waulil materially and nfuvorable development of things.” The purpose to maintain the Staterights heresy of judging of the extont of and resisting the national authority, is shown in the recent convention in Mississippi called to reorganize civil government there. The convention ratified the constitutional amendment abolishing slavery, with 3 conditions; one providing "That the amendment shall not be construed to allow Congress to abolish slavery where it lawfully exists in any State that may refuse to ratify the nmendment. ” and another that " It shall not be construed into an approval or indorsement of the political principles or doctrines that the reserved rights of the State can. without the consentofsuch State, be usurpedor abridged by the Federal Government, through the instrumentality of n constitutional amendment.” The whole question of our duty to ratify or provide for permanent civil State government then is resolved mto this: is it expedientto set up and clothe ivilh national and State power OlVll State governments which must themselves be controlled by our arms? Or while military force remains necessary, is it not better to continue prowsional governments, limited to their appropriate functions? We may call government civil which is run by the military arm, but us such it is a mockery and a sham. But when shall the States be restored to political power?, I answer that will do end on the people of the States themselves. Vlien loyalty returns, a when permanent civil government shall be practicable, in the sense that it shall bring obedience to national authority, and protect the Union population and the freedmen in the enjoyment of their rights, with security for the future assured, then can the work of restoration be made complete. When there shallbe nloyal majority in any State able to control State government and prevent it from falling into the hands of traitors who will destroy it, then can State ovornment be restored. No one can more evoutly desire the speedy coming of that day than I. I will greet and welcome to these Hulls, with guarantees of peace and security and justice, the loyal Representatives of every State. But it will not come while as now in the South loyalty is regarded as a crime, and treason alone is the ussport to Nice. It cannot come while peep e and Legislatures deride, despise, and set at defiance our constitution and laws. It cannot come while Sens&Reps are elected because they were conspicuous for treason and will continue to be, traitors. We are asked to admit Herschel Johnson and Alexander H. Stephens as Senators fromGcorgiathe VEEP of the rebel confederacy. If this be southern loy ally, Breckinridge and even Davis himself W111 speedily reenter this Capitol. I hear much said of the Presidents policy and the duty to pursue it. The great nion party of the country has, in the providence of God, been charge with the duty of presening the national existence, and as a means to that end, of giving freedom to a race. In this work Iwas proud to follow its fortunes, and to bail iis one of its champions the “faithful among the faithless”AndrewJohnson. In the hour; of its triumph it is treason to mankind to desert it by betraying the interests and the hopes of the oynl into the hands of their worst enemies. No set of mine shall contribute to this result. I will yield all but patriotism, honor and duty to preserve har mony among the depositaries of its power, for if it shall perish, then, indeed, the hope of the liepublic is gone. Let each Dept of the Government perform its appropriate function and pursue the policy marked out for us by the constitution and the people, and the triumphs of peace will be as signal as the victories of war. The power to determine when State government is restored, to guaranty it with appropriate terms, and to say when Sens&Reps shall be admitted is the power of the p is speaking through Congress, and can nevme surrendered. Let us believe that the President and Congress alike will their verdict and execute their will. the acrcigept t of my own native State to speak in the decision of these great questious Will never be surren dered by me. may harmoniousl stand. The bases o our political a stem, said Washington in his Farewell adrecs, “is the right of the people to make and to alter their constitutions of government.” The right of Congress to submit to State Legislatures constitutional amendments for their approiul or rejection is undoubted, and requires no action of the President. The President exacted terms of the conventions assembled under his proclamationsn ratification of the constitutional amendment abolishing slavery, a declaratibn of the nullity of secession, and a repudiation of the rebel war debt by State constitutions. He admits the justice of a constitutional change in the basis of representation and direct taxes. In his message o declares: “That good faith requires the security of the freedmen in their liberty. their right to labor and their right to claim the just return of their labor " If the people demand thut some or all of these or other principles be made irreversible law, a part oftie constitution, who shall den their right or defeat their purpose to do so? it till! Ha n this common platform all form can terms of reconstruction and uran tees of peaee be madependuring and ali e applicable to all the States. In a 1 that we do let it be our purpose to guaranty government republican in form and in fact. Let us” Close forever the approaches of internal feud, and so return to the ancient coneordand the old way of national prosperity and permanent glory.” and when we have done this “Lot ushere, in t"hoins the thmepsleeaclotanrsse, cirnattehdetopUrensioennce of that imageof the Father of his Country that looks down uponus. Swear to preserve honorable peace with:31 etlhpw, orld and eternal brotherhood with each