Richmond Palladium (Weekly), Volume 38, Number 28, 15 September 1868 — Page 1

D. P. HOLLOW AY & B. W. DAVIS. M OT CO 2P

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CJTTEIIMS: $2,00 A TBAR 'f

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BE

. THE CONSTITUTIONALITY OP TUE ACTS OF RECONSTRUCTION. From the Speech of the Hon. ' Matt. Carpenter, in (, , , uuicago, August iz.j The only real issue made, by " the par ties, the only doctrinal difference in the two platforms which arises to anything ike first class importance, is that which relates to .the constitutionality of the reconstruction policy of Congress. This little squabble about paying off our debts this little question of univer sal suffrage", and! a few other things very important themselves, are ' questions which relate to the administration of the Government after you have got a Gov-' ernment to' be administered. But the great question arises above that which involves peace ana war, wuicu loucnes the life of the" nation,' and touches our existence as one t people under the Con stitution of the United States; ' and I propose this evening, because I have been requested to. do so, and, because I think it important in itself to discuss, for a short, as well as I am able, under all the difficulties, of this situation, this question of the constitutionality of these reconstruction laws. : I cannot make such an argument funny nor amusing, but I will .try to state clearly and distinctly , the grounds upon which we defend that legislation. To do this, w e must' inquire into the facts of the case. What is the situation of the things to which Congress was compelled to apply its reconstruction policj'? But to save words, Jet us take the State of Georgia as illustrating the whole principle, for what is true of one ,tate is, of course, true of two'or three out of all. Georgia was one of, the. original thirteen States, and entered this Union by adopting a constitution. . She had a State government: organized "in harmony with the Constitution of the United States, unier a State Constitution" which required all ber officers to swear to support the Con Gtitution "of the .United States. That government continued in existence, as we all know, down to 1860 or 1861, when the majority of her people, having determined to throw off their allegiance to the .Government of the United States, and levy war, if need be, to make that declaration good, and to make Georgia an independent nation organized a new State government in Georgia, end that government went into practical operation, and was supported by the people during the ' entire continuance of the war. Now, if those, leaders, after they determined to levy this war, had called convention and framed a new State government, with new officers, and levied war upon , the old State government of Georgia, and supplante i it, and then had entered into the Southern Confederacy," and levied war upon the United States, there would be no difference of opinion in thi3 assertion that the government which had come to exist by that proceeding in Georgia was no government in the Union of the United States. And yet, in a legal, constitutional sense, the people of Georgia did what was precisely equivalent to this. They callrd a constitutional convention, and they took the old constitutional State Government, changed it in every essential particular which was essential to its existence as a State Government. Instead of requiring its offices to swear to support the Constitution of" the United States, they require them to swear to overthrow ' that Constitution. They severed in every particular every' cord and'bond which bound them as a State "or community to the Constitution and Union of the United Slates. By so do ing they created, in loyal contemplation, a new Government as much as they would in the case which I have supposed, of their calling a convention and framing a new government with new officers. The government 'which they created by taking the old constitution and moulding it to their views, was no government which had been in the Union since the adoption of the Constitution. : It was no , constitutional government ;in any sense, but only an organization in deadly antagonism to the Constitution of the United States;" and under that constitution the people of Georgia organized, and gave their voluntary allegiance to that State , government, went into the Southern Confederacy, and levied war' upon the United States. :. " ' Well, after a - while the war came out just as every man who believes God sits on His throne, and prefers truth to falsehood, justice to injustice, liberty to sla very,' might have predicted it would come.out,-,It came out with the triumph bf alFgood things over'air bad "things. LoudT applause.! And our armies swept every thing before them, and demolished every citid el and stronghold of treason and rebellion, rand they plant ed our flag in old and time-honored placesf Vfter sweeping away the rebel armies," and,' 'after, sweeping the rebel States, they swept away erery thing that

JUST AND FEAR NOTI LET ALU THE

BICHMOIVD, WAYNE CO., IiI.,

was part and parcel of rebellion, every instrumentality, 'every agency, and every means by which traitors had sought to levy war upon the Government; and these revolutionary State governments were the principle agency for that war. Now, then, what was the consequence? They had had a government in the Union from the organization of the Union down to I860, They had destroyed that. They had - set up in its place a revolutionary, illegal, unconstitutional govern -mant, which had been in existence until Grant swept that away. Then they will be without any State government whatever. The old government they - had destroyed, and the new government we had destroyed. They were without Any ; government. Applause. ' Now what ' was their condition? The soil of Georgia was still a part of the dominion . of the United States; the people of Georgia were 6t:ll citizens of the United . States. They had thrown off no part of the duty which they owed to the Union. The Union had lost or forfeited no part of its power over them. They were, still further, so many square miles, and so many American citizens, without a local government. Now, manifestly, the first step after the war ended was for somebody to establish a local government there. This bringj us to the questionwho shall do thai? The Democrats say: "The people of the State shall do it.": The Democrats say the people of Georgia had . got their hand in, in making governments they had experimented upon the subject derisive laughter; they had a peculiar and special knowledge. Laughter. ,They had demolished the old Union Gtate Governments, and. they had created a revolutionary government; r they had seen that go to the wall; they had built a Southern Confederacy, and over that they flung out its flaunting rag in rivalry with the star spangled banner of America; and they should form this State government for Georgia. Now there tre two theories, one or the other of- which must be . true. The Southern theory of the situation is that the edict of secession passed by Georgia took her out of the Union and out of the limits of our Federal ' dominions. Upon this theory, when we conquered that State her soil and her people were as subject to the absolute will of the conqueror as would be the soil and peo-. pie of-conquered Mexico or any other foreign Powi r subdued by our armyIf this was their condition, then it was not for them to say whether they would have a State government or not; it was not for them to say whether they would ever belong to the Union or not as an independent State. It was for us to say. It was for the conqueror to dictate terms to the conquered not for the conquered to dictate terms to the conqueror. "You are right." Then, upon that theory, Georgia had no more right to establish a State government, to come back into the Union, than the people of Mexico had a right to demand admission into the Union" when Scott planted his standard on the halls of the Montezumas. Again, the other theory is the Northern theory is the constitutional theory is that the ordinance of secession was a nullity; that it was r.o protection to the rebels of the Sjiith; and, although we choose, as we had a right to do, to exercise as against them belligerent rights the rights and power of a sov ereign over his rebel citizens yet they acquired by the ordinance of secession no privilege and no protiction. ' What is the result of that doctrine? The result of that doctrine is that when the war ended they were so many subdued and conquered traitors, taken in the crime, ; taken wih the blood upon their . garments. Sensation. - They have forfeited life; liberty, property, civil government, and "every thing that belongs to a man." Great applause; cries of "That's so!" You have got it!" Upon this theory, very . clearly, the people of Georgia had no right to form a government and say it had a right to come back into the Union. Now I don't care which theory the Democrats take for the purposes .of argument, because either one cuts their throat from ear to ear. Great applause and laughter. J There is, then, an end to this pretext that Georgia could settle this question. Rebels may - say when war shall begin, where it shall begin, how it shall begin, how it shall be managed, but the Government must say how it shall end cheers and what shall be the condition of the conquered. "That's the idea!" Applause. It is about time, after hundreds and thousands of lives have been sacrificed after we have baptized and fertilized that - rebel soil ( with the best blood of the land it is ' about time that some man had the courage and the nerve, and the good sense j to stand up and talk the truth upon this subject. f Sensation, applause and cLeera.J

ENDS THOU AIM'ST AT, BE THY

It is clear, then, that Georgia could not reconstruct a government without our consent.' Now, the only party interested i3 the Government of , the United States. They, as rebel States, could not do it- . The General Government must do it. And, then, we come, to consider the ; further question. How? By what de . partment, and through what department., and agency , the United States shall act : to the , end of establishing these State Governments? And this brings us to the only question upon which any of the departments of the Government have, ever held different opinions. The Supreme Court of the United States, the President of the United States, and the Congress of the United States, have all , concurred in saying that the result of . the war was to leave Georgia without any civil government, and tLat the people of -Georgia were powerless as a government, in the place of one which they had destroyed. The Supreme Court of the United States decided what necessarily leads to this conclusion, in the prize cases decided in 1862, when they decided that the whole people of Georgia, without reference to their private conduct, were to be regarded as public enemies, but, although they were to be regarded as public enemies, the3' , were not the less traitors 1o the government of the United States. r . Andrew Johnson had taken up this subject, and treated it with the fullness and the wisdom that is peculiar to him-, self. Laughter. He had said, in his proclamation, which he issued immediately after the surrender of Lee and Johnston, that this rebellion bad, in its progress, swept away all civil government in the rebel States, .and that the Government of the United States owed it as a duty to that section of the country to establish local State Governments there, and he, Andrew Johnson, (being the United States,) undertook to do it. Laughter. And he did it "in a horn." Great laughter, and cries of "And he did it with ahorn." Yes, both. I accept the amendment. Shouts of laughter. J He did it both ways. . The President of the United States, as such, clearly had no authority over the subject. Our people, when they framed our government, were jealous of the executive powerthat is, the kingly power. Our forefathers were Englishmen. They remembered well the contest that had stained the soil of EnglauJ .with blood in the struggle .to wre.-A right3 and principles from the crown and deposit thera ox safe use and practical exercise with the Parliament of England; and when they framed our Constitution they determined to limit and circumscribe and bind down this ever encroaching executive power within very narrow limits. There is no danger of oppression of the people by Congress. The danger is always of oppression and usurpation coming from that power which is centralized in no man's bosom. There is no danger that Congress, rent asunder as it is, and must ever be, by cliques and . fac tions, . will ever consent to oppressthe people, because they . can . never agree among themselves which clique shall be the opj-ressors. Laughter. , Mr. Fes senden will . have his little circle of friends; Judge Trumbull will have his; Judge Howe will have his. And so there are a dozen cliques in the Senate, and the danger is that they won't bo able to get together and do . some things that ought to be done some time. . Great laughter and applause. Not so with the President of the United States. The great rash act of his which brought on hi3 impeachment the removal , of the Secretary of War for no offense except for differing from him in opinion, and differing from him in this particular that the Secretary of War thought fit to act according to his own, convictions, according to the Constitution, and with the party and . friends ; who placed him in power that rash act of the President was the result of no deliberation with any body. . No Cabinet officer knew any thing about it. Neither Seward nor his chum, Randall, ever dreamed that the thing was to be done. It was the result of a consultation between Andrew Johnson and his demijohn alone applause and laughter, and, when the : purpose, was formed, it was executed by an order written at his own table, at night. No other man had to be got to sign it; no other ambitious clique had to be conciliated Applause. . , : ' This I have alluded to only to illustrate the fact and the theory that freedom is in no danger of overthrow from a Congress, or a parliament, or any other i multitudinous deliberate body. It is always in danger of . encroachment and i overthrow from power which is consoli- j dated, and may bo exercised upon the ; volition of a single man! So our fathers when they framed the Constitution, laid upon that office 'the" firmest and the strongest bond? The President of the United States shall be the commander-

GOD'S, - THY COUNTRY'S AND TRUTH'S'.':

SEPT. 15, 1SG8. in-chief of the army and navy ; he may grant pardons and reprieves; he may recieve embassadors and other "foreign ministers ; he may commission officers of the United States when ' properly appointed, and he shall take care that the laws be faithfully executed. These are the powers which are vested in the President, independent of Congress and co operation with Congress. Now, it is manifest that none of these powers in elude that of reconstructing a State government, and when Andrew Johnson undertook to do so he committed a usurpation upon the rights of the people and upon- the Constitution of the United States, which could have brought a monarch of England to the block. There was no pretense or color of law in bis whole proceedings.: He called constitutional conventions to frame governments, declared the qualification of voters, and the qualifications of those who should be elected to the conventions But soppose those voted who were cot qualified suppose those came to the conventions who were not entitled to seats under his proclamation what was the consequence? He could not punish, for this simple reason that he could not make law. His whole proceedings were unauthorized, and necessarily and consequently void. But as to the power of the President, I need not push a step further or discuss it at length, 'because the Democrats themselves concede he has no power, and as far as a discussion of this question as a part of our plat form is concerned, it is sufficient to rest it there. They admit this point. The question then recurs, where is the power of the General Government to frame governments in the rebel States ? And in the first place, the general propo sition may be laid down that if the power is iu the Government of the United States at all, and is not conferred by express words upon the President or some other officer of the Government, then it is surely vested in Congress; because 'the Constitution provides that Congress shall have the power to make all laws necessary and proper to carrj' into execu ion the power conferred upon Congress and all other powers conferred upon the United States, or any department or officer thereof ; consequently, if the power of framing these State gov ernments reposes in the General Government, and not in the people of Georgia, and, as it is conceded, every man can settle the question for himself, by thirty minutes' reading, that the Constitution does not locate this power in the President, or any other specific officer, or in the courts; then it follows, necessarily, that this power of, the Government is to be exercised through the power of Congress to make laws to carry, that power into execution. Hut I do not propose to rest here upon thid mere general proposition, although it is entirely conclusive. There are other provisions of the Constitution and other distinct grounds upon which this power may be safely rested - The Constitution provides that Congress may admit ' new States. Now, what is fie meaning of admitting a new State, and what is a State, to be admit ted ? Half the confusion that the public labor under regarding this subject has arisen from the fact that the word State in the Constitution is used with various meanings. Sometimes it is used in a geographical sense, and sometimes in a political sense. For instance, when the Constitution provides that any man who commits a crime shall be tried in the State where it was ; committed, it means a geographical State, called the State of New York, or of Georgia, &c When it says a State may be a party to any suit in the Supreme Court of the United States, it means a State government, or a corporation which is created for that puropse. Take, for instance, Illinois. In a geographical sense, Illinois was always in the Union; her soil was always Federal dominion; her peo pie were alwa3s citizens of the United States. ,,But the State of Illinois, which was admitted into the Union by an act of Congress, means the corporation or State government which was organized by the people for that purpose. ' Therefore, when the Constitution says that Congress shall provide for the: admission of "new States," it means "new State governments. The Democrats say, "This is conceded, but "Georgia is not a new State. Georgia was one of the original thirteen,' one of ; the old States, and clearly that provision of the; Constitution does not apply to your case. " ; But, my friends, I, have already said that to admit a State means to admit a State Government, and when the rebels of the South destroyed-the State government which Jiad been - in the Union, and put in its place a rebel ' State' govtnent which never was in the Union, and when the ' armies of the United States swept that way and left Georgia without any government whatever, then, when a

Whole Number,) , S952. J government shall be organized there, to be admitted again injtne XTnlOttand io be restored again tafthe federal "rights, that governmentvlhas' formed, is a aew government, as much as though the people of Georgia had never had a government w hateve f. What differen co can it make, for instance, with this power ; of Congress to admit a State '. government and to framea government, whether the people who are to be admitted have oqe had a governm erit; Which tEeyfiave destroyed, or whether ithey never; had .a government. ' V: --f n'' j For instance, we 1 have, west Tot, tie Rocky'Mountains, so many square mUes of territory", and so many citizens of the United States bora in the country-?' We say, "Those people are our people; that soil is our soil, and they are entitled to1 our : protection " ; The Government of 7 the United States establishes - a territorial government there, and protects them until such time as they come to a proper condition to be admitted as a State, in full communion, into the Union. Now, this power and jurisdiction : of Congress to do this thing grows out of this fact, simply that if our citizens' are dwelling in a compact community, upon our soil, without local government (it is of no consequence how that state of things is brought about whether it is because they moved there and never had a government, or because they have been there and once had a government and destroyed it); if they are oar ; peo pie, dwelling upon our territory, and have no government, the United States is bound to put a civil government there. - . : W At this point the grand torch light procession filed into the square and the speaker suspended his remarks for a few moments, resuming as follows: - I have forgotten precisely where I was addressing the world before the rest of mankind came in ; but I believe I had ; got through with saying what I proposed to in reference to the power of Congress to admit new States, and claimed that that covered the entire ground, and gave Congress the constitutional power to reconstruct a State government for Georgia. Suppose, for the sake of argument, that we admit what the Democrats claim, that Georgia never was out of the Union, and that her territory aud people remaining in the Union as we conceded they always did, because they could not get out that therefore she is to be regarded as a State of the Union. The Constitution provides that the United States shall guarantee to every State a republican form of government. Now, if Georgia was not a Stateof the Unioi she was a State without any government whatever, consequently she . had no republican form of State government; and Congress was called upon, in its capacity of legislating and executing that power, to take the proper steps to put a republican form of State government in Georgia. . This guarantee of the Constitution was intended to secure to the Union a republican form of: government for such State without reference to the wishes of the people of. a particular State. In New York, for in stance, to-morrow should call a convention, and change - her form of govern-X ment from a republican to a monarchical government, it would be the duty of Congress to interfere, because the Constitution makes it the duty of the United States to tej to it that there is a republican form of government for them in New York; tnd, if she should call a convention to abolish the form of government, and resolve herself back into her original condition, so much soil, and so many people without any government whatever, Congress, in this case, would be compelled to take particular steps to' put a State government there for the State of New "York, because the Constitution has imposed this duty upon the General Government; and the Constitution has provided that Congress shall pass all laws necessary to execute all the powerswhichlthe Constitution has confer-7 red upon the United States. This has been so frequently decided by the Supreme Court of the United States so clearly has it been announced by Chief Justice Gardner especially, in the Rhode Island case, as it is called, reported in Seventh Howard, where he distinctly lays down the doctrine that' it is the province ot Congress and Congress alone, to determine. whether the form of government is republican. It must also have the power to say whether there is a government there at all, because without so doing it can not determine whether a particular, form of government is Republican or not and that this duty rests upon Congress and when it acts in the premises its decision is bindingiipon every part of the Govi eminent, and can not be questioned iri court. This doctrine is so clearly and fully decided that there is no necessity of argument beyond referring ybu to those decisions. ; In two or three cases they have been before the Supreme Court and have been settled beyond dispute, v: : - :

001 S 09 lMiMi no oo 12 so 7 60ll2 00 16 00 8 25ns 00 is oa Z VU All UO OU12J00 45 00 25 005 00,60 00 and upon" those threie" grounds that" I have mentioned;' first,. that the power is clearly in the Congress of the United States, and is not conferred specifically upon any other ' department ; secondly, the power., ,tn Congress to admit new State governments, covers this State, and authorizes Congress to . organize a government for the purpose of being admitted; and thirdly, the dtrty which the Constitution imposes upon Congress to take care that at all ' times there shall be" a republican Slate Government for each , State from, that ground alone the power is clearly deducible from these three facts- from these three separate sources, we derive the power of Congress to organize State governments for the rebellious States, which were left at the end of the war without any form of government whatever... I have proposed this evening to confine myself strictly to a discussion of the Constitutional power of Congress, and shall leave it for another occasion,' perhaps at ' Galena, on Friday evening, to discuss the, other independent questions, of how wisely and how well Congress . has exercised that Constitutional power. This is a distinct subject too full to be spoken , of hero to-night under -the circumstances, and at the foot of a speech. I shall leave the subject of reconstruction, then, with this imperfect discussion of the Constitutional - power of Congress. - That isthe only issue which the Democratic platform makes on the subject. . They do) not question the details of their acts. ''" They struck the death blow to the sys- " tem by saying that the whole proceed ings are unconstitutional, and therefore void. If I have succeeded in convincing you that Congress has the constitntional power, my object has been accom-,, plished, and that was all I intended to do when I came upon the platform. I THE NATION'S PRATER, The following poem, writteo by a jonng lady of) New York for a fast day service, first appeared in the Vew York Post, August 3, 1864. Its words seem prophetic, in view of the coming election of General Grant as the next President : - ' ' " ! VTe hare suffered, O our Father, t ! In the great cause, Liberty ; 'J i ' , ' Now we eome to Thee for succor ; , : . - - v . God Grant Victory I . '-; Vacant chairs are in our household. Vacant hearts each dar we see, That in anguish often whisper God Grant Victory I i . , Father, never let base traitors ... ; - , - In this land of brave and free, . Rule o'er those whese hearts are saying " i God Grant Victory ! ' . ...Thus to Thee our prayer is rising Thus we humbly come to Thee, ;n Asking Thee ia broken accents : . God Grant Victory I : But if Thou wouldst longer listen, I - Well submit our alt to Thee, ; ' ' I ; Knowing that in His good pleasure I j .. .. t God will grant as victory I , . - then, wlien this dread strif j is over,' f .... 4 And the day of peace we see, -,. , We shall keep oar country's watchword, God and Grant and Victory I '- - - 1 11 . ' : DIVINE COMPASSION. .' i? -AS . r '-in BY JOHN WHITTIIB. Long since, a dream of heaven I had, ' ' ' ; - ' And still the vision haunts me oft 1 - - . . I see the saints in white robes clad, ; . The martyrs with their palms aloft. . , . But hearing still, in middle song. The ceaseless dissonance of wrong ; ' And shrinking, with hid faces, from the strain . Of sad beseeching eyes, full of remorse and pain. The glad song falters to a wail, :; 7 The harping sinks to low lament; Before the stilt uplifted vail ' . I see the crowned foreheads bent, Making more sweet the heavenly air C r - -Vi ": . W ith breathings of unselfish prayer j . And a voice aaith : "O, Pity which ia pain, . . O, Love that weeps, fill np my sufferings whiek ' remain 1 s ' - i :' ' ' v '" . Shall sonls redeemed by roe refuse , To share my sorrow in their turn T J - Or, sin forgiven, my gift abuse ; :A - . Of peace with selfish un concern? ; . : Has saintly ease no pity ing care T Has faith no work, and lave no prayer f " . i- ' ' While sin remains, and souls in darkness dwell, Can heaven itself be heaven and look unmowd 1 on hell? , i . v . . " ''-"' i ' Then through the gates of pain, I dream, A wind of heaven blows coldly ia; . : , Fainter the awful discords seem, - . , The smoke of torment grows more thin, Tears quench the burning soil, and thence I Spring sweet, pale flewersof penitenee ; J f K .-; And through the dreary realm of man's despair,- . Star-crowned an angel walks, and lo 1 God's " hope is there l ' " " - ' -r - y , a . " r Is it a dream T Is heaven so high ,. ; 4 . That pity cannot breaths its air; ' Its happy eyes forever dryj -- - " - Its holy Bps without a prayer ? j r io MyGodl my God! if thither led ti; :0 a , By Tby free grace unmerited,Ho crown nor palm be mine, but let me keep A heart that stSl can feci, and eyes that still 1:-' '--f can weep. .1 :vl ; ivuS- ''n ' At a Democratic meeting in Omaha Neb., on the 19th ult, Dr.U. L. MUler, editor of the Herald, ollerect to bet 9500 to 8220 that Seymour would carry New York State by 50,000 majority.' Gen. S. A"" Strickland aB Republicani'rwhd was present, snapped up thebct and the money was plankei down the next morni ing'.rji Milter's paper will tie' apt to Bus-7 pend after election."9 3Uj 'u -'

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