Skip Skip Mr. DEFREES. Reconstruction. REMARKS OF HoN. J. H. DEFREES, OF INDIANA, IN THE HoRep, February 12, 1867, On the bill (H.R.No. 1143) to provide for the more efficient government of the lately rebellious States. Mr. DEFREES. Mr. Speaker, but little over 6 months ago this Congress submitted a plan to the country providing a way by which the States lately in revolution might be restored to “their practical relations with the General Government.” That plan was supposed at the time to have been a liberal one upon the part of the loyal States, and the generosity of the people of those States was fully manifested when the question came to be submitted to them for consideration. None doubted but that the disorganized States would readily accept of the constitutional amendment as a finality, and thus forever settle the existing difficulties. But in that expectation the country has been disappointed; and it is not necessary to discuss the question whether such refusal was brought about by the Executive, as some allege, or whether the rebellious spirit alone that seems yet to exist on the part of the community that inhabit those States caused its rejection. One thing, however, is a fact, that all the disloyal States have repudiated it. Under these circumstances it would seem that something further in the way of legislation should be done—in addition to the proposed constitutional amendment, which f believe should still be exacted as a condition—which will speedily cause to be organized republican governments in those States, and which will give full protection to all the people. To effect this object a number of bills have been drawn and reported to the House, and among them one by myself; but they have all alike have been swallowed up by the great mael strom that exists here, the committee of 15 on reconstruction, and will never again be permitted to see the light of day. According to the rule adopted nothing that relates to a reorganization of the rebel States can be considered, unless it comes through that committee, and is by it indorsed. Notwithstanding this state of facts, I will take the liberty to recur to some of the leading features of the bill submitted by me, which, I think, if they were carried into operation, would furnish a government that would give peace and quietude and protect all the interests of the people of every class. In the 1st place, after setting forth the facts connected with the organizing of the present governments in the preamble, it provides that marshals shall be appointed in every county in each State to organize a board preparatory to holding an election of the people, irrespective of color, and permitting all to vote for dele gates to a convention (except certain leading rebels) to be assembled at the capital of each State, at a given time, for the purpose of making a constitution. When o constitution is made and ratified by the people, and indorsed by Congress as being republican, then the existing local governments that have been set up by executive authority shall cease to be. Again, provision is made, as an inducement to the citizens to acquiesce in the proposed plan of government, for an amnesty, to apply to all who may have been engaged in rebellion, restoring them to full citizenship, and releasing them from liability for their treason, excepting those that will be excluded by the proposed constitutional amendment from holding official position; and all such are disqualified from not only voting, but from serving as delegates to anyone of the State conventions provided for. This provision of course is conditional, and is only effective should the new government go into force in good faith. The President is required to furnish sufficient force from the Army and Navy to protect the people in carrying out the provisions of the law. such are the general features of the bill, and it seems to me, guarded as it is, that no injustice can arise to any, but that all may join in the measure of organizing a funda mental law for their State, and assist in put ting into motion the machinery of Government. I am aware that most of the measures hereto fore proposed for organizing those revolted States have been based upon the principle that none but those who wholly abstained from taking any part in the rebellion, or did not sympathize with traitors, should take part in reconstruction. That position now, whatever may have been its correctness, is hardly tenable. The proposed constitutional amendment ignores any.such idea, but upon the other hand fully restores all to their original rights, except a certain class especially provided against. For the interest of the general welfare, and especially for those who inhabit these disturbed States, it certainly is essential that a homogeneity of feeling should be encouraged, and all the pastjfrom memory as far as may be, and that the pulse of the nation once more beat in unison, so that we may go on and fulfill the expectations of the liberty loving in establishing an empire where equal and exact justice is meted out to all people, irrespective of nationality. Mr. Speaker, I have but little expectation that any views that I may entertain will meet with much favor from the ComReconstruction. They have peculiar notions of their own, and they occasionally report something upon the subject; but they take good care to hedge around their propositions with such parlia mentary obstacles as will prevent an amendment even to be offered to their bills. Not long since that committee gave us a billin the shape of a territorial government for the rebel States, but it contained some provisions not fully satisfactory to a majority of the House; and by vote, after discussion, it was recommitted to the same committee for alteration or amendment. It was expected that in a short time the bill would be returned containing amendments in accordance with the views, as near as possible, that the discussion had drawn out. But, sir, what was the surprise a few days ago when, instead of reporting a bill providing for civil governments for the revolted States, one was sent to this House establishing a military des potism all over the South—a measure unheard of and unprecedented in the history of our legislation. When in the annals of the world was it ever necessary for a Republic in full vigor of its power, and the people in more than 3/4ths of its territory indorsing and sustaining by their moral force its government, was it necessary to abandon its effort to furnish its people with republican civil Government and force upon them a purely military organization whose dictum is the supreme law 7 The necessity, if one exists, for resorting to a neasure of this character is strong presumptive evidence that the great Republic is on the wane, or that those who are now directing its affairs are not capable of grasping the situation and bringing out of it such events as the people demand. This bill furnishes no solution to our difficulties. Instead of providing the means where by the people might organize a government upon a proper basis, it will tyrannize over them worse than the despotisms that are now in existence in that part of the country where the law is to be enforced. Was there ever a time that the military, when the power of State was conferred upon it, that it ever sympathized with the masses of the people? The whole system of military law partakes of aristocracy, and our brigadiers, as well as those of lesser degree, will in a short time be in sympathy with the rebel aristocracy of the South, for they yet control the wealth of the country, and the poor white loyalists and freedmen will feel the force of military rule. In case of controversy between the aristocrat and the freedman, your corporal, who may be vested with a little “brief authority, ” sits as umpire between the parties, although he may be as ignorant of law and justice as the musket he carries on his shoulder; yet there is but one appeal from his decision, to that of the brigadier, who will be governed by the known rules of military discipline, and his judgment is final. Why, sir, in the darkest days of the rebellion, when it almost seemed as though the nation's life must perish, no such power was conferred upon an officer of the Army. If a citizen was so unfortunate as to fall under the ban of military law he had an appeal from a military court to the POTUS, where his case was revised, and a decision had upon its merits uninfluenced by camp surroundings. Sir, it would seem that the warning voice of history can make no impression upon the friends of this measure. When Rome placed her civil power in the hands of the military her history was written as a republic. Her liberties were soon swallowed up, and an emperor swayed a scepter over her people. It will not do to say that such can never take place in our country. So thought the ancient republics. Inaugurate the military power over 1/3rd of our Re: public and there is no telling where the end will be. I know it is said that this measure is but a temporary one, and only intended to operate until Congress can establish civil governments. When will that be? This session is almost at its close, and where is the plan for civil government? Why not place the civil government in the foreground, and let the military, if needs be, assist in putting it into operation? But, Mr. Speaker, what laws in those revolted States are to be put in force by this military government? certainly not those made by the governments that the President set up, for these are called illegal. Not the laws of Congress, for Congress makes no laws of a police character to be enforced in the States. Congress makes no laws to regulate the dealings between individuals. Congress makes no laws regulating the settlement of estates and the divisions of property. congress makes no laws for punishing burglary or arson. What laws, then, are to be enforced? None, sir, but the dictum of the brigadier. He is governor, legislature, and judiciary. His will is supreme, and all have got to bow to it, and acknowledge him. of all he surveys.” Sir, the loyal people of this country want no such despotism organized in any part of the Republic. What they demand is a government that will give all equal rights and have those rights amply secured. They want a civil government to go in advance of the military, and to have the military subordinate to it, to be used only as a handmaid to assist, if necessary, the enforcement of the enactments made by it. A system of reconstruction is demanded of a permanent character, that all may know that when its requirements are complied with, that then there will be an end to the subject — a plan based upon the immutable laws of justice, and left with the people to adopt, under such disabilities for engaging in treason as Congress may think right for the future safety of the country. When that is done we will have discharged our duty, and the responsibility of refusal will be left with those for whose especial benefit the law was enacted. {End of Defrees Remarks from Appendix.}