Clf LIBRARY OF CONGRESS 013 744 650 9 peamalife* pH 8.5 SPEECH OP HON. B. F. LOAN, OF MISSOURI, OK THE RELATION OF THE REBEL STATES TO THE GOVERNMENT, AND THE DUTY OF THE GOVERNMENT IN RE-ESTABLISHING THE UNION; DELIVERED IN THE HOUSE OF REPRESENTATIVES, MARCH 3, 18G6. WASHINGTON: PRINTED AT THE CONGRESSIONAL GLOBE OFFICE. 1866. RECONSTRUCTION. > The House, as in Committee of the Whole on the state of the Union, having under consideration the President's annual message — Mr. LOAN said: Mr. Speaker : The absorbing question that demands the attention of national authority at this time, relates to national unity. Dis- eord and civil war have divided our unhappy country, and threatened its destruction. Guided by an insane and malignant purpose, eleven States, in violation of all law, formally re- nounced fcheir allegiance to this Government and organized for themselves separate de facto governments, and attempted to achieve their independence by war. After four years of civil war 6uch as no other nation could endure and live, the rebel armies surrendered and the con- test upon the battle-field for the dismember- ment of the Republic has ceased for the pres- ent. The rebels yielded, not because they were willing to surrender the cause for which they fought, not because they repented of their trea- son, not because they desired to return to their allegiance, but because they were exhausted and overwhelmed by an irresistible force. "De- feated but not conquered, subdued but not sub- jugated," their determination to destroy this Government and to erect another on its ruins, the chief corner-stone of which is to be Afri- can slavery, remains as fixed and steadfast as it was when they embarked in rebellion in 1860-1. The decision of war to which they first appealed having been given against them, they seek to transfer the contest to the Halls of the grand council of the nation, into which their chosen agents are now demanding admission , and where it is hoped, if they can once enter, they can by diplomacy and fraud achieve that success which they failed to secure by force. In relation to this matter our action should be guided by the utmost prudence; we cannot afford to make any blunders. In the physical conflict the dis- asters resulting from incapacity, cowardice, or disloyalty, could be repaired. They only in- curred the unnecessary waste of treasure and the loss of the lives of a greater, or less num- ber of our patriotic fellow-citizens, who were freely offering themselves as sacrifices upon the altar of their country's safety. But here a mistake would probably prove fatal. We are the chosen few to whom has been confided, under God, the destiny of this great Republic, not for a day, nor for a year, but for all time ; and what we do is irrevocable and earns for us an imperishable fame, or damns us to eternal infamy. If we have the intelligence and manhood to act. in the interests of universal liberty and the inalienable rights of man, untold generations will bless ouf memories for having secured them the liberty they enjoy. But if we suffer our- selves to yield to the seduction of' apparent peace, and in our haste to restore the rebels to amicable relations with this Government, we forget the rights of humanity, and ignore jus- tice in reestablishing the Union of these States, we will only be remembered to be scorned and despised as the betrayers of a sacred trust. In the contest through which we have just passed more than three hundred thousand of the bravest and the best of our fellow-citizens have willingly laid down their lives, that the Republic might live. We owe it to their memories, to their widowed wives and orphan children, that the fruits of the victories that cost them and us so much should not be carelessly or recklessly thrown away. While our patriot dead have given so much to their country in the discharge of their duties, ought we to hesitate in the dis- charge of ours, to make any sacrifice that the interest of the country demands? The honors of place, the blandishments of power, the suc- cess of this party or of that, sink into utter insignificance in the presence of such impor- tant duties as those are which we are now required to perform. The times demand the highest patriotism, the most utter abnegation of all personal considera- tions, the greatest intelligence, and the utmost care. Our gallant armies have well and faith- fully performed the part required of them, in the contest waged against the nation's life ; it remains for us to perform our part with equal ability, and the same fidelity. To do this suc- cessfully requires of us a thorough knowledge of "the situation;" and to this end T propose to add, to what has already been so well said, on the condition of affairs, a few suggestions upon some points which, in my opinion, have not been sufficiently elaborated. It is very desirable that we should ascertain, if possible, the precise relation, in fact, as well as in law, which the revolted States bear to the Government. At a time prior to the rebellion, they were in law, and in fact, States in this Union, with all the rights and privileges, and under all the obligations that pertain to any and all the States in the Union. Afterwards, they formally, as States, renounced their alle- giance to this Government, surrendered all their rights and privileges under it, and declared themselves absolved from all obligations to it. They then proceeded to organize independent governments, State and confederate, and en- tered into compacts with each other for mutual defense and support, and announced their de- termination to maintain their independence by acts of war. Had our Government acquiesced in what they did, and "accepted the situation"' and "letthemalone," as they desired we should do, the rebellion they inaugurated would have becom e a successful revolution. The separation of the rebel States from the nation would have been final and complete, and the confederate government would have been as thoroughly established as was ours when Great Britain ac- cepte#the result of the seven years' war of the Revolution. Dismemberment, or war, was the alternative that the action of the rebels otfered to the Republic; Hence it appears that the only rights that the Government could assert over that part of the national domain, which was in- cluded within the rebel States and over the in- habitants there, were just those that it could acquire by force of arms. The rebels had effected a dissolution of the Union in fact, but not in law. In ^iis connection it becomes material to inquire whether a dissolution of the union of the States would, as some contend, neces- sarily destroy the Government. On this point I am inclined y to think that many are led into serious error in supposing the phrase "the Union" and "the Governmant" to besynony- mous.to express the national authority. Such is not the case. They are very different and dis- tinct things. The Union is subordinate to the Government, and the Government may exist independent of the Union. The union of States in 1800 was not the same union of Stales that existed in 1820, nor was that the union of States that existed in 1840. During each period new States were added, but the Government remained the same, onlj' enlarged and increased by its growth as the boy grows into manhood, and yet retaining the same individuality. The Union may be enlarged or diminished. States may be admitted into it or taken out of it, as by the conquest of a foreign Power, by treason or otherwise, without necessarily destroying the Government or our existence as a nation. Con- sequently when eleven States entered the chaos of rebellion, withdrew their representatives from the Halls of Congress, and inaugurated civil war, the Union of these States was, de facto, as much dissolved as it would have been if the rebels had proved victorious in the war and we had acknowledged their independence. Since the revolt of these States they have held no political relations to the Federal Government other than those of rebellious subjects. The Government exists without them. The Exec- utive of the nation administers the law in the appointed forms. The supreme judicial tri- bunal of the nation holds its regular sessions as prescribed by law, and the Legislature of the nation holds its regular sessions and makes laws for the Republic entirely unaided by any representatives from the revolted States. At the time appointed by law the loyal people elected a President and Vice President for the nation. It having been previously declared by law that participation on the part of the States in rebellion in the formation of the Electoral College was not necessary for a valid election of those officers, and our President to-day holds his office in consequence of