60^ LETTER OF HON. M. r. CONWAY TO SENATOR DOOLITTLE, OF WISCONSIN, In Support of President Johnson's Policy of Reconstruction. RICHMOND: PRINTED AT THE REPUBLIC BOOK AND JOB OFFICE:, 18 6 5. L E T T E H OF ry J>" HON. M. Fr CONWAY TO SENATOR DOOLITTLE. OF WISCONSIN, In Support of President Johnson's Policy of Reconstruction. RICHMOND: PRINTED AT THE REPUBLIC BOOK AND JOB OFFICE. 1865. 11 k: t t a a Y / ^ff ':': /V) ^:r f f u :.f TTTT J(\fM .508! i m8 LETTER '! FROM ''^ k HON. M. F. CONWAY TO ! i } SENATOR DOOLITTLE, of Wisconsin. Richmond, Ya., August 25, 1865. Ron. J. R. Doolittle^ United States Senator^ Racin&{ Wisconsin: ^ i; Dear Sir : I have received your favor of the 19th instant, in which you request an expression of my views on the condition of the country. To your re- quest I willingly respond, as I bold it to be the right of the public to be made acquainted with the views of any citizen of matter.^ of such universal concern. But for this cou'-ideration, I miofht prefer silently to leave the adjustment of existing complications to the statesmen on whom the course of events has devolved the responsibilities of power ; for as one of the millions, whose private fortunes are unimproved by the war, I am impelled, by my circumstances, whatever my tastQ or aptitude may be for , participating in the political movements of the people, to seek, at least for the pre- sent, some more lucrative occupation.. of, time an4 attention. .:t -;[-.:-: ^-j^. uth was recognized as a bellige- rent Power. That it is now a belligerent Power can- not be said. It was not acknowledged to be bellige- renr as an independent nation, but as an organized mass of people in rebellion, within definite territorial limits, and capable, for a time, to set at defiance the regular authority of law. Of a rebellion, the object is to set aside the lawful government by substituting B another, and this it is the object of tlie lawful govern ment to prevent. Success in either object ends the rebellion ; in the one case, an independent nation arises ; in the other, the legal authority is restored. Accordingly, when the rebellion in the South failed, by the dispersion of its armies, its belligerent character terminated, and the national authority resumed its former and proper legal effect in due constitutional form. All laws, ordinances, constitutions, or institu- tions not in the meantime regularly superseded or set aside, in due course of law, become again legally operative as at the starting point of the rebellion. I am aware that this result would not have followed had the South acquired absolute independence by its arms and ou?' acknowledgement, instead of a mere belligerent character; for in that case the object of the Government in prosecuting the war thereafter would not have been lawfully restricted to restoring its authority, defied by insurgents, but it might have continued the war to conquer an alien enemy, and success would have brought with it a;l the rights which accrue from conquest, by the public law. But this is not the record which has been made ; and in the case presented by the actual facts, the President has no discretionary power, but is lequired lo recognize the States lately in rebellion as in the union of the Con- stitution equally with the other States. The opinion is expressed by some that the appoint- ment by the President of Provisional Governors for the States in question, clothed with defined powers, conflicts with his expressed views as to their present status. But, on correct principles, I do not think this opinion can be sustained. It is made his duty by the 2* Constitution to see that the laws of the United States are faithfully executed in all the States. These laws look to the co-operatio'i of the regular State governments, in the absence of which it is impossible to see that they are faithfully executed. Such govern- ments are necessary means to the end which he is required to attain. It cannot be doubted, therefore, that the President is authorized to take the necessary steps to enable the people of the States t > reinvest themselves with the prescribed instrumentalities of State government. Not otherwise is it in his power to perform the duty directly enjoined on him in the Constitution. li^j: .;;:ii Upon the same ground it'is,' as' I understand, that military rule is maintained within the limits of these States. Without it, that order cannot be preserved in the communities necessary for the people to com- pletely resume their State Governments for a resump. tion, in practice, of their Federal relations. In fact, for the attainment of this end, it is neces- sary that the President and the people of the States shall move together in bringing into operation for each a State government ot the character necessary for holding the constitutional relations with the General Government and the other States. The State govern- ment here indicated is the State Government of the Constitution — such as existed prior to the rebellion, except in so far as it may be affected by the abolition of slavery— a government at harmony with other parts of our complex system, and friendly to their successful working, each in its appropriate sphere - not an or- ganization conflicting therewith and aiming to produce in them discord, confusion and eventual disruption — - as illustrated in the governments under wliich the seceded States carried on the rebellion- an organiza- tion incapable, from its animus^ to hold the relations the Constitution contemplates to be held by the several States to each other and the General Government. Until the President and the people of the seceded States can bring about the rehabilitation fur which the former has taken action by appointing the provisional officers before mentioned, the States must remain with" out the benefits of civil government. Should the efforts now being made tail to restore State govern- ments, harmonising with the requirements of the Union under the Constitution, in consequence of the intervention, so as to get control of the movement among the people, of the same class of persons whose influence formerly perverted the State govern njents to rebel, their failure will leave the States under military rule, but will not prevent other and more successful movements being made thereafter for the same object. I do not, therefore, share the opinion expressed by some, that the President is bound, by his appointment of Provisional Governors, to recognize any form of State Government whi(;h may be proposed to he put in operation under their supervision or authority ; nor do I PU))pose, from his public expressions, that he re gards himself under any such obligations. .Touching the question of negro suffrage, whatever parties may individually desire as to the result, it seems to me that the President's proceedings and declared opinions are in accordance with the rule of the law, by wliich only his footsteps should be guided. He is not opposed to confei ring on the colored man the elective franchise (at least I do not so understand 8 him), although he appears to be apprehensive that if done it would augment rather than diminish the politi- cal influence of the class of former slaveholders mainly responsible for the rebellion. But he opposes the pro- position that this should be done by act ot Congress, on the ground that to do this Congress has no right. Than the proposition that suffrage is a State institu- tion, over which Congress has no lawful control, there is none more unquestionable. There is nothing in the Constitution giving Congress this power, but so far from this is the fact, that it expressly designates for electors of members the United States House of Rep- resentatives that body of persons upon whom the right of suffrage may be conferred by the States. Control over this subject has been exercised exclusively by the States from the beginning of our political system. In some cases they have even denied the elective fran- chise to citizens of the United States while extending it to emigrants from abroad, still unnaturalized ; and to do this their right has been sustained by the highest judicial decision. I do not see, theref re, that, in this respect, the position the President occupies should occasion any complaint on the part of those who, in electing him to his high position, imposed on him the obligation faithfully to execute the laws. Nevertheless, with regard to negro suffrage, I have no doubt something will be done, in due time, by the States themselves, commensurate with the require- ments of justice, the necessities of the case, and the judgment of the world. The negro is now accepted by the peopl- of these States as a slave no longer, but a free man. During the whole period of the war he has earned the consideration and respect of the whites 9 everywhere by his services, when brought into the field, and general goud behavior in other conditions. He is not the enemy, but the friend of the whites among whom his lowly lot has been cast. By them his just claims will be considered, and, sooner or later, allowed ; sooner, perhaps, than is now generally be- lieved. it is not to be denied, however, that witli the prtva- lence of the same feeling in the ^onth with regard to the negro which has heretofore existed, no hope of this kind could for a moment be entertained. But by the influence of the great events of the last four years, and the wise, conciliatory and yet firm policy of the Government, the spirit prevailing in the South with respect to the colored man will be expected to change as effectually as its spirit has already changed in re- gard to the past institution of slavery. New views, new aims, new principles, new measures, and new men, are to take the place of the old in aftairs of State. It is not to be apprehended, in my opinion, that the extreme and unjust prejudice against the negro, result- ing from his former servile condition, will long survive this change, but it will perish, and, by orderly pro- grebs, the negro reach his natural position am^ng men^^ What action Congress will take, in view of the ques- tions to come before it, when it meets, cannot, of course, be foretold : but it will not probably be found to con- flict with the sound views of the President The States lately in rebellion being now in the Union, it follows therefrom that they are each entitled, in common with their sister States, to that representa- tion in Congress provided for in the Constitution and laws. Nevertheless, it is the right of Congress to w decide on the election and qualification of claimants of membership ; and, in exercising this right, it may practically^ exclude the whole or any number of per- sons who may present themselves, claimina; seats from any of the States in question. They would then have to remain uiu'epresented until rhey shou d make choice of membeis according to law, or Cong ess should see fit to reverse its decision. The popular character of our Government makes it necessary that Congress, if it refuses admission- to the representatives of States, should proceed only on solid and defensible grounds, or else incur the risk of the consequences which an adverse decision at the ballot' box may entail. If irit^ligible persons are chosen, or persons come forward without evidence ot legal elec- tion, they will be compelled to stand aside, and there will be no just cause of complaint. But if Congress should refuse to permit members to take seats because their States, in exercise of a right recognized by the Constitution, had decided to adopt a particular form of suff'rage, the act vvill be unjustifiable, and the peo- ple would probably so declare it by their votes. At this juncture of affairs it is to be hoj>ed that a spirit of mutual forbearance and consideration will be cultivated, and in this view the States of the South may be expected to acquiesce in the proposition, which has recentl}^ been suggested, that the Constituti-on should be so amended as to adopt for 'he basis of Fede- ral representation that class of the population only wbo may be at the time endowed with the elective fran- chise. The existing rule on the subject was adopted by the Convention which framed the Constitutiiii in view of a condition ot things which no longer exists 11 inleonseqiience of the emancipation of the slaves. The practical effect of this rule, under existing circum- stances, will be to augment the comparative Federal representation of the States lately in rebellion without corresponding increase of population, while their whole political power will still be engrossed by the portion of the population, however small, on which the States may see proper to confer the voting privilege. Ihe injustice of this is apparent. ■ It, is not unreasonable to hope,, therefore^ that the amendment proposed, or some other yet to be devised for the same purpose, will be adopted without serious opposition from any quarter. In view of the prospect of renewed peace and mu- tual respect and good will, which the successful carry- ing out of the measures of the President may be ex- pected to develop, it' is to be hoped that all parties will cordially exert themselves for that end. It is a con- summation earnestly to be prayed for by all lovers of our country new established to be " one and indivisi- ble." This once attained, and the various pursuits of productive industry resumed throughout the land, with the wealth that would flow into the public cofiers, the national debt might be placed in course of liquidation, the derangement of the currency corrected, and much of the taxation which presses on the people withdrawn. Our country would then take, with regard to other nations, that commanding position to which it is enti- tled by its immense capacities for usefulness to them in peace, or destructiveness in war. With a thoroughly united people, it would then be in our power, should circumstances render it expedient, to make the Mon- roe doctrine effective, either by diplomacy or by arms. 12 and to exert again that controlling influence we justly claim in the affairs of this continent. I have thus given you, in the briefest possible man- ner, my views of the state of public affairs. I should have preferred being more elaborate, but, in a commu- nication of this kind, it is difficult to enlarge to the fullest extent on the many important and complex subjects which present themselves. Thanking you for the honor you have done me in deeming my views worthy your own or the public consideration, I remain, very truly. Your obedient servant, M. F. CONWAY. LIBRARY OF CONGRESS 013 789 920 6 LIBRARY OF CONGRESS 013 789 920 6 %