SSm»31*Xfi}m>XiiSm^£fi]m ;iyS-jyi>)A Book L ^ 5 REOONSTRUOTIOJ^ What i, . ■•^i."'"7rsLtr„SSZn\°o\"e''".e;^.'S:vtS:entrJ>: r".'r.?:« 'S°'tf tlwhtt will b. th.« reUtics „he. tho« Su.e. are subdued by force of arms? SPEECH HON. J. ¥. LONGYEAU, OF MICHIG-AN, ON THE RECONSTRUCTION OF THE TNION. DELIVERED IN THE ^^^^^T^^^^^^^' ^^^^^ ''' ''''■ Mr. SPK.KKK: It has been n.y intention ^^^f f^.tkfnrthVttSrythrHU: -r JeS^wtl: Sn :r:rsotne\ r.e iC^ani'e to tbe interest, of tbe anomalous condition of the country out of wh.ch > -;--.^^^;^^\'^P^j^,,,,,t felt an^ ^^iSdlr/ar^dfo r.\?t"o^^7u:^tbirett demand tblfreest and fullest n-ndTe busine. o^^^^^l^^':-:^,::^ ^^^It^ttuToVt^b: measure does not stand in t*^%^^y °J /f^f '^rryin\ on the ^ar and to sustain the session for supplying men ^°^,^7^^*° ^^^^JSy the bill now before us. ^tLl^ 'oJ rem^;i'to ^^^:^^oU but content myself with notic- ing a few of the leading questions ^^.^^^^J^V" ^'^^eches of gentlemen on the other Mr. Speaker. I ^^^^^^^^''^f'^'^ZTJlh^'i^^^^^^^ get an idea, if possible, side of the House, made in the course of this discus ion g ^^^.^^^^^^.^ ^^-^^ of the grounds of their opposition to this bill ^"^ ^J^' ^^ ^^^ tion through- . They h'ave. with scarcely an «^°f P^T ' .^J,"'^ J/ B,i.dw.!-,) in his speech of nearly out My colleague from the fifth d'^t, c . (Mr- Bs^^ ^^J ^ ^^^^^^^ ^.^^ an hour in length scarcely alluded Jo ^ ^"JJf^ e that his constituents will be beiiion* „ „ fUat the oeonle have put upon those old complaints Let me rem nd my «o"«»gJ« ^J^^^^f^^f roormnation ; thit his party has been be- against the administration ^^eir seal oi co misconstruction of ffre the people with that ^^^^ ^'^^^^.^^Ta Cs disgracef^ defeat and merited the acts of the administration, and met wiiu a mv 5 "^"^^- „ . 4. „„„«r,lin£r to his owu admissions, are inconsistent with But my colleague's ^ets according to bi» ow administration is cor- his e.xpre..ed sentiments. I'^ «"«.X'' for its own aggrandizement and the per- ';Sv7;Vi5rU'«rlrSfJ"5^^^^ ^u^'^^ v^ ^/. ti. --.i..- or H«n|.(u.i. ..!■ .al..KM,«,.lH a,..l con.liio ,«,,!" ",!;>/' ,*'''' »'"'r'-""»'"t«. "« n ,„•«. H un.l H. u I.HKl.t, .,.,,1 Kl..i..„. CT n' .. p ,V;'h' •"•^"'"'>^''^i"". '< ^^ iH 'v.r. to..gro.H„lo.u- una«rtlu,,.ow.rlua.lmit "vSutel: """ ^'" """»«mHl by »l.«ll l..rv« l.eeu -ululufj by ,ur« o «, S .! " '"'^"'."".""J ""-'L ....|.ellion >>«.i ...fvo l.eeu -ululufj by luro« of nnu. S „ "" -" "" ""U aitntjie iv .ellion 8t«to.. a.o .ubverlea anil ovorth v j ^ '"'"•';'>• ['"'.K-'-'-Mneu,.. li t|„ th. Stat.,.. Htm .xi«t ami u,o in tl.o U, " . I K 7 ? *"'" '" -['"•"»"li'-«• t. be « state «f t>ral Cuverameut while at war w tl 1 1 '111 uT^'V '•'^^>^'"i"" t^- H'e Oen- ytato. ure comjuered : "' *"^ '^***> ^^''' l>« t^^ose relations when thow M'hat is a State? (.'liuMfM)l.i>> !.■..»• i • >. «^i»ie» (-""UoeUot Kent, lu his Cotnmentiiries ^n 180 n 1. 1 A MtHte, 111 iht^meHMiiiif ,>f •,ui>||« law (.„„.. , . ' ^^' '""'"• "•;' -^«ys I «iii, ana u ,u,oeptibie ;./o6n';?:ti:;:;^':;:i',^,;t"'' " •"^''»' p«'-":»>Hv.as a^uix^u $t«t'^ 'nrth^ Jlnt'^u of tuJZltuL^iT. r'TV 'l^^'^^y ^^' ""' oonstitute a uaiou is eitV.ted through the tl:n! > tvmuat ^ 'r?,' ^^'"f""^? ''*T' ^""«^ of government are made up of and oolLt r::::ititittl 2^1:^^^^^::^ West. Bee. Htel.8oo. V it woo<***urily fullown Mini. wln'n"v<\r thfl (loimlitnilon iukI U\v« of miy SIntc* (i\u\ by II of i,li(> |)otipl<» wliioh iiukIk tliitiM It Hlnlrt In Koiw, itiul ll>«y h<<(> U\ \m\ i\ MIhIh. itny ini'iiiii MiiliviMli'd, uhioi^ntml, or ovM'MiriMvii, t.lm \ii\ioii <>M« of tUi\ ulirHMit,<>« of p[ov<>rriiii«'iil Id mtvi-rnimhty, Dtnli'i' our (li<ri>lKi\ly U v<'«t.«il |>riiriftiHy ii> l\\i\ |>ii(»|il«, hut, oh jiittt, kIiowii, Uio |>nonl<> iii(. wM, llitM'i'fori' rxSl.ril«. WIk'Ii Iho |ii'o|il IiivcnIi'iI, mid liy virl.nn of \vlii\ "Viw dxIhIoiI Ho niiu'ti i\x to till* ^cticrRl flhnrin-li'riHtii'H of n "Sliito." UikVt till' .l«'iii(iiioiiN nl>ovrt j^ivKii, iiiwl wiiliin tlu> i^i«ii«riil moAiiliif^ of tlirt torm, th« (lovdiiii ( of llii« Hill It'll Stiiiv>H in " II SI III IV " ll, i-i II niiioii of llm pi'oplc, ntul of ftll III" p<'o|'l'', into one liocly or comiiiiniily for I.Iki piii'^ioscm iiiiiikmI in llic i|«ll nllioii ("IN I'll liy (."liuiii'i'llor Ki'iil. "We, lli" pi'opli' of l,lii< lliiilt'il Stnd'r*. in onlur to roi'iii H morn p a Stufn of Ilic I'tiion I'l'ijiiiiiM thii I'xpri'nH ni'lloii of Cun^fri'HH, luimittiii)^ it. ax miu'Ii, aiiiiri< originally to tlio mai'dad' and cNpri'HH I'oiiNoiit of tlii« HUprmni' Stall', llu' (JiMii-ral « Im oliedienci* to tlie national CoiiHtitntion nnil laWK, Wlien Hiieli government heeomei Kiiliverni vii of thoMc end", or iii"el(i\ liy virtiin of that miver- vi^nty with whioh it Iiiih been inveNted^ to liiing the people In eoiilliet with that Miip«rior Hoveri'i^iil.y to whieli they own illle(j;iiinee, or when mieh (^ovi'rnment he- comert aliroL(iilflil or diMli'iiyed hy any iiieaiiK, the Hovnrei|^nly with whieh ir wim in- vnNted retiinm to tln> peoplo, t,o he exi'reiH«d hy thoiii iln nono. When a Statu iiaa thuK, hy itH\iwn act, henonm divi'Htod of itn MoviM-fij^nty, ItH noiil and cHueiU'ti in |u;<)in', anil it ueaHi'H to oxint an a Statrt of th« Union. It down not ^fo (lilt of the Union; that in impoHnihlo. Tlio idea involves IIk- ah Miirdity thill, a Stale of thin Union ran exi^t oiitKidi) nf thi' Union. It nimply eea«ei> to exist when it ceaMen to he a Slate of the Union. If in Hiidi rivileges, and iinniunitieB of a State of the Union, yet thatia continuance of its existence as a Sliite of the Union and of its rights and privileges as such does not de|U'nd ii)ion a continuance of its 8iibmit?8ion to national authority. This brings us to a more minute consideration of the questions, "What are the true relations of the States iu rebellion to the (General (Jovernment while at war with it?" and "What will be those relations when those States are conquered?" Wo speak of them as Htatfs in rfl)ellion. It will be seen tliat this is not a con- tradiction in terms, as might at iirst appear; but that in this idea lies a strong argu- ment that l>y their rebellion they have ceased to be States of the Union. Those organiziitions now at war with this mition are not new organizations, endeavoring to supplant and usurp. the territory and jurisdiction of the old. They are the same old organizations, operating undtr the same old constitution and laws. We are not contending to prevent some foreign Tower from usurping the government of those States. From the very nature of tiie case we are not spending all this blood '*and treasure in endeavoring to aid those States, to sustain their position in the Union, and as a part of it, against the depn dations of some foreign Power. No,Bii'. As has been alreaily shown, those Stales have by their own acts ceased to be States of the Union. JUit they keep uj) the form of a Slate government — the same foi'rn as . before. They have entered into a new confederacjy. In both these capacities they constitute a power (Zry'izfolitic of thosv' States, not by virtue of their resolutions and otKcial or conventioiml declara- tions of secession alone, for the.-nment, but for its entire abroga- tion and destruction, so far as tlicy were concerned ; that they became and now are enemies witliin our borders and upon our own territory ; and that the war has been, is, and must continue to be on our part for the maintenance of the existence of the national Government and the integrity of its territory. We recognize them, however, as belligerents only. They have not been lecog- nized by us or bj* the nations of tiie world in any other capacity. When an in- surreeliou becomes civil war and the necessity occurs to treat the insurgents as belligerents has bei-n so ably ditcussed aud elucidated b}' the gentleman from Penn- sylvatiia, (Mr. Bkoomall,) and others on this floor, who have preceded me, that I will not take up the time of the House with anj- remarks upon that point. It is sufficient for my present purpose that it has been authoritatively determined by judicial decision, and by the action of all the branches 'of the Government,! that this contest is war, and that the rights and immunities of belligerents attach. F'rom which it follows that the contest must be conducted under the rules of war, recog- nized as such by civilized nations; and further, that in its conclusion and results the contending parties must be governed by the same rules. The "southern confederacy' " aud the States of which it is composed have no i Btanding, therefore, except by virtue of those belligerent rights. And hence they must stand or fall by the rules of war. They are belligerents because of their mil- itary power; and they will remain belligerents so long, and so long only, as they have an organized army in the field, and because they have it. Everything de- ' pends upon the success or defeat of their arms. Ii they succeed, they then emerge into a civil government, and are entitled to be placed among the nations of the earth. If they fail, if their military power is broken up and destroyed, they are destroyed with it, and are nothing. The rebellious States have submiited their right to national existence to the fate of war, and by that fate they must abiae. But who are the parties to the war, and what are the immediate results of con- quest by either? The parties are, upon the one side, a portion of the people of this nation in insurrection, organized into a formidable military power and assum- ing to exercise all the functions of civil government, (throuijh the forms and ma- chinery of government known as States which had once existed under and as a part of the national Government,) seeking a dismemberment of the r.ation and the establishment of (heir own independence ; and upon the otiier side of the national Government itself seeking to maintain its integrity. The integrity of the Government, as before shown, is to be maintained by break- ing up the military power of the*iusurgents, which, as we have seen, must be done under the laws of war. According to those laws the successful party is conquerer and the other ie conqU'ered ; and all the rights, liabilities, and disabilities of con- quest follow. If we succeed we make no conquest of territory, because that is al- ready ours. We simply succeed, in that respect, in bringing that which is our own again under our conti-ol. But we do make conquest of the people, and of the en- tire people, within the insurrectionary district ; because by the rules of war all the people witiiin the enetnies jurisdiction are enemies. Bj' the same laws we succeed to the right not only to govern the conquered but to dictate to them the form of government which they shall adopt, limited only by our own constitutional powers. It is absurd, and illogical, and in contravention of the plainest rules of war, to contend liiat States, which have thus formally forsworn their allegiance to the Gov- ernment and submitted tiie question to the arbitrament of war, are entitled never- theless to all their rights and immunities under the national Constitution and laws. As well might it be said thatnations at war with each other might insist upon the observance of former treaties of commerce and of diplomatic courtesies. No, sir, war abrogates all compacts, and the belligerents are remitted to the inexorable laws of war ill all their intercourse with each other. And thei'e is no difference in this respect between a civil war and a war with a foreign nation. In our case, so far as i^tate rights are cmcerned, and to the extent to which those rights exist, we may treat tlie enemy, when subdued, as aconquei'ed foreign Power; but so far as the powers and jurisdiction of the General Government are supreme or even concuiront, the people at war wilh_ it are domestic enemies and traitors, and on being subjugated are liable to be treated as such. Hence, the States thus at war are liable to have their respective State governments and their existence as States treated as abrogated and at an end, in the same manner and to the same ex- tent as in the case of a subjugated foreign Power. But while this is the case the powers and jurisdiction of the General Government remain just as they were before the war, unaffected and unimpaired, over all the territory of those States, and all the people which sliall be found remaining there ; and that to the same extent and to be exercised in the .same manner as if such State governments had never existed. If rebels iind traitors are found there, treat them just as you would rebels and traitors found unywhcre within our jurisdiction ; convict them and hang them, or grant them amnesty, as may seem meet. So far, then, as those organizations known as States are engaged as auch in this contest it is war to all iuteits and purposes; and so far as the people in their char- acter as citizens of the United States are concerned it is civil war ; in each of which conditions, however, the national Government has the same rights and powers as in the other. In deciding the prize ca?e3, so called, in 1862, the Supreme Court of the United States lakl down the following doctrine in relation to the present contest : " The present civil war between the United States and the so-called confederate States Has such character and magnitude as to give the United States the same rights and powers which they might exercise in the case of a national or foreign war."— 2 Black, 6:36. And again, quoting Vattel as authority, the court say, (page 6G7 :) " ' A- civil war,' says Vattel, ' brealjs the bands of society and government, or at least suspends their force and effect ; it produces in the nation two independent parties, who consider each other as enemies, and aclmowledge no common judge. Those two parties, therefore, naist necessarily be considered as constituting between, at least for a time, two separate bodies, two distinct socie- ties. Having no common superior to judge by them, they stand in i)reei6ely the same predica- ment as two nations who engage in a contest and have recourse to arms.' " In this view of the case, and bo far as we have the right by the laws of war to dictate terms to the conquered, and grant amnesty to domestic enemies, the procla- mation of the President, accompanying his last annual message to Congress, was not only competent, right, and proper, but was clearly within the scope of liis war powers as Cojnmander-in-Chief of the military and naval forces of the nation. But when these people, or any portion of tliem, wish to organize a State government, and be admitted as one of the States of the Union, the conseat of Congress is neces- sary, and upon this point there seems to be no difference of opinion. It is one of the features of this bill to provide for such emergency. ; But Congress has not tlie power to create State governments for the people; it has the power only to admit them as States when organized by the people. Con- gress, nevertheless, has the power to prescribe the terms upon which such new States may be admitted, and to govern the territory and the people until State go- vernments are organized and admitted as such. If is anottier of the features of this bill to meet this latter emergency. Such, then, are my viesvs of the statiin of the rebellious States, and the power of the national Government over the territory and people of which they were made up, deduced from piinciple and authority. I will not detain the House with any argument to show the justice of the retri- bution thus brought upon those States by their crime. It seems like a waste of time to discuss so self-evident a proposition. So much, then, as to the power of the national Government over the people and territory involved in the rebellion. What is its duty toward them for the good of the whole people aud the future peace and stability of the Government is etill an- other question. In oidinary transactions in life, when we set about remedjing an evil, our first step is to search for and destroy or remove its cause ; or, if the cause be already removed or de:#troyed, then our elfoi'ts, if wise, are directed-toward avoiding or pre- venting its recurrence. That slaver}- is the cause of the present rebellion no sane man doubts ; and no man whose judgment is not warped by interest or trammeled and tied down by old party bonds, and perverted by old party dogmas, will deny or even cavil about it. And it is equally clear to all thinking men whose minds are free to t!;ink correctly upon this subject, that the insurgents will continue the war upon this Government so long as there remains a vestige of the accursed institution to fight for, and they have an aj-my left in the field. Yes, sir, slavery has hung upon the nation like an incubus ever since it has had an existence. It is no part of the Vjody-politic of the nation. It is an excrescence upon it, a horrible disease that has been festering upon its surface, en fevering the entire system, until at last it has struck at the very vitals cf the nation ; aud unless destroyed and entirely removed the body must die. As in the animal economy, when any portion of the body is so diseased that the functions of life and growth are materially interfered with, so in this. If there be sufBcient vitality remaining, there will be formed what the surgeons call a line of deraarkation between the diseased flesh and the healthy, and the former dies and sloughs off, and the bod}' is saved. Aud as in such eases the skillful surgeon watches for this indication of natuie, and when it appears, at once amputates the diseased part, aud thus aids nature in restoring the body to health, so in this case the line of demarkation formed, and by the breaking out of the rebellion it became- clearly delineated upon the body-politic. The diseased portion — slavery — at once commenced to die and slough off. The President, like the skilful surgeon, althougii perhaps a little tardy, applied the knife of emancipation ; but it remains for Con- gress to finish the operation. Let us complete the work with a bold hand and strong nerves, and at once and forever remove this poisonous ulcer, this vile excres- cence, from the body of the nation, and thus not only save its life, but restore it to renewed healih and vigor. To aid in bringing about this result is still another feature of this bill. I have said that slavery constitutes no part of the body-politic. That is so. It is no part of the national Government. It is neither head, body, limb, hand, noy . foot ^rii coD9titut« none of its vital functions. ,The Constitution and the Goverfl ment are compete without It. What branch of the Government cannot be™ ducted without the exis ence of slavery ? What part of the motive power wh^t portion of the tundamental framework or machinery of the Constitution do you re move or interfere with by destroyintj slavery ? -^ _ The fundamental elements of the Constitution are those which establish the nrin Ciples and policy upon which the Government shall be conducted. Slavery was not among the principles thus established. Neither did it constitute any pS<- of he policy upon which theGovernment was to be conducted. It existed before the Constitution, and that instrument silentl.^^ suffers its continuance. .Simnlv t^ at and Constitution as it is unless slavery is re-established, or at lea'st permitted in all tne territory in which it formerly existed ? ' "'ti.u, in an ine That slavery exists by virtue of State laws alone, is a proposition which cannot be, and 1 believe is noc, controverted Therefore, when tho e laws cease no matter and that w, hou . and, ,f you please, ,n spite of Presidential proclamations, and without any legislative or constitutional enactments whatsoever As i have before shown, the constitutions and laws of the Statesin rebellion h«v*> ceased to exist, and the people are remitted to their original right to or^ize new State governments under the Constitution and laws of the Union As one of thi results .f this state of thin^^s, slavery has ceased to exist. The o.dy obiect and purpose to he effected now by con,.ressi..nal enactment and constifJLal amend ment IS o prohibit Us re-establishment forever ; and while wrare aW t Jtt runda:;:;: '^ "'""'^^ '"-""^'^"^ ''^ ^-^-^ ^-=^'^ -^ b^^adih ^t:';^z fnVll '^ ,'' *^%^"*>' ""^ t^« Government to do this has become too well established to even almu, of argument. It has been a.ljudicated and determined by the ver diet and judgment ot the people. It is righf in and of itself. It is ju^t and the people demand that it shall be don.. If this Congress does no^. tlVe the init ative the next will be composed of men who will. The people are awake to th Jsub ect and understand its merits. They are moving, and in the rig d ec.ion S True there still exists a remnant of a once powerful party, but now weak and Zf.fT '",'!"'" t^'-^' ^'"«h from interest c!r blind pLty p-ejudice oi bot stHl ' hd m- wim si'i^v r'"" "1 ''"''T' '"■" "' «- -T. a-1 --- dete^miu'ed to sinli 01 swnn, survive or perish wi'h it. And notwithstanding that the vanish- lilfl i "^'•-'"■J. w»"le It accepts the fruits of their cooperation, yet with all mother-in law upon bended knees and with outstretched arms they beseech their once powerful protector as Ruth besought Naomi : ^ God ; where thou diest vi I die an i h. re wVii 7.'^ ?' " i"''l,^*' ?*^' '."'"'^'•'' '"'" "'>' ^'"^ ■»>' also, if aught but dealVSn thee\Z me! ' ^' buried : the Lord do .o to me, and more Th1i'";>roi3'lei? f^r""^ and th 1^^,, p„^^^^ ^,^ ^,.^ .^ ^^^^ ^.^^^ ^^^ revolution. tion SX M^ 't " *"^ Lhis discussion are because we are involved in revolu- erJ ■ .n^y. ■» r' " "'•'^''"' xnbstifucion ; and of what? Of freedom for slav- llLy\onZ^AL ^^■^''"*««'«^<^0' P^^'^^d itself inimical to civil liberty, to the Con- suution, and to republican institutions. 8i8?ed unori!7r' °f "'"^'•"* '1'"' ^'"^ «"*'"*^^°i«"t of its immediate victims, in- Sument? a"T": '" ^f* '^*' "" "^^ ^°^''^'*^^' its power, its wealth and its ests aTl :-n -1 T^^V'''':"?^'' congressional enactments'^ controlled by its inter- ments lZ!i;7l -""m"''^ *^^j-''^'°"^ '" furtherance of its purposes, it. e.ic.oach- of U e J rs?./ w '' ' "°*^ * ^""y ^'^"^ "P f'""^ ^^^ g'-«^t body of the people slave poTeiant'ir ^?'" ™^°y '" ^''« ^>'^-« States, against the aggressions' of fhe die Tnd noV'sf. tTV ^^'^^ '^ ^^''«"'d ««"«"« it^^lf to its own iMriicular dom- liWi^fortlrr; u.;^ri"Tt '" entire nation, and attempt' to confol the modernPharroh o M ?i? , '"''f, *'"' ^'""^ ''^ Liberty, deniaoding of this modem 1 haraoh to let the people go." But, like its ancient prototype, us heart 8 • was hardened, and it refused. At length the people arose in their mj^^^^ -d «." . serted their right under the ConsUtuUon /o rale and Ba^i ^/^^^j'^^/^ J„ J„ ;^-^?fe:'a:i^^^iSt^e^ If^^lf ^r^y" -, hut no .rther '^TllJn^the'l'ave power rebelled, and. like the ancient Egyptians sought to destroy thJ^nl^iJ i{:^)d^olongeren.ave F^^^^ wescarcelyknewwh.therBa the pilar otcloua ^.^_^^^^^^ ^^^^ ^^^^^^^ ^^^ "'iM^Sfre Pr'dJnt'of the United States, in obedience to a Power mightier thi^ Slit Mo'^: 'old., stretched out his hand over t..e s^a. -das - ea., and a north and a west wind as we 1, blew, ^^l^'^'f'^^^^^^^^^ and ny Soon the waters will come aga.n-ay. ^'•«.<^«'^';/^f ^J,"„7h ",' upon their dfed thousand firmed men that once were ^^l-- --s-apon h^^,^^^ p^^^^ ^^^^^ chariots, and upon ihe.r horsemen, and all t;,^^;*^;*f.,^*J^,;;,, that volur.tarily ad- come inio the midst of the sea after us, together with ^ ^ '^^^« J, ^..troyed, and here to then, will be engulfed by the ^ --gJ-^Xnd th s J ople'shall wLk upon there shall not remain so much as one of them! ^nlth P i ^^ „„broken dry land, and emerge u. to renevved "'^;'°° fj Jf "J.fiYe^l ^nd unadulterated, lib- Union in the one hand, and in the oth^r '^f;!>' ^"^f ijbertY that makes a people erty without contradietions, liberty regulated by law, libertj free indeed. Lemuel Towers, Printer, I f^H mi 0t^i ^B LIBRARY OF CONGRESS I!! Ill' mil Hi' I! 1 1 Ml (III iimii 013 744 642 A %^ ^1 'rf . f'i- ■mimm