'^^Hfc,^^ 013 /bDDOO r. J peRnuli(^« pH83 SPEECH OF ^ MAJOR GEN'L JOHN A. RAWLINS, CHIEF OF STAFF U. S. A. General Grant's Yiews in Harmony with Congress. AUTHENTIC EXPOSITION OF HIS PRINCIPLES. PUBLISHED BY THE UNION REPUBLICAN CONGRESSIONAL COMMITTEE, V/ASHINGTON. D. C. Major General John A. Rawlins is known to the country as the able Chief of Staff of the Army of the United States, and the accomplished and contideutial Staff Officer of General U. S. Grant himself. General Rawlins has been in the closest relations with liis great Chief, the Republican Presidential nominee, ever since the war began, and knows the opinions and policy of General Grant better probably than any other person. Hence the significance whish attaches to this speech, made at Galena, Illinois, June 21st, 1867, on tlie occasion of General Rawlins visiting that city, his former residence. It was undoubtedly prepared with General Grant's knowledge and submitted to him before delivery : Fellow- Citizens : When a boy, bring- ing the produce of my father's farm — of his forests and of his quarries — to your market, I always met with favor and kind- ness. When grown to be a man, as a student of law I had your words of en- couragement. When a practitioner of law, 1 had your support and patronage; and when the roU-ca!l of the nation sounded to arms, witfi your fathers, your sons, husbands, and brothers, I went out from among you, with your blessings and your prayers, to aid in maintaining the supremacy of the Constitution and the Union ; and after four years' participa- tion in the bloodiest war ever waged among men, and two years' cognizance of the resto- ration of civil authority and constitutional government from its wreck and ruin, I come back to you and meet wit ha welcome, that, were it not for the friendship you have always evinced toward me, I should attribute wholy to my long, intimate as- sociation with that most sui f.essful of the world's military chieftains. General U. S. Grant, and the great cause in which he achieved success. For this welcome, friends of my boyhood, friends of my manhood, friends of my whole life, accept my sincere thanks. Many of those who went from among you have not returned, and many who have are battle-scarred and maimed. This glooms yoar homes, and over your reception hangs like a pall. Where are those uareturned braves? Their bodies sleep in death on every battle-field and in every patriot ceme- tery in this broad land; but their souls awake in Christ — have found peace with the God of Washington and of Lincoln. In no spirit of partisanship, buc from the eminence of our nationality, let us review the cause of the war; the acts of the Gov- ernment to prevent it, and, while it was racing, to induce its abandonment by those who controlled it; its effects upon the Con- stitution and the people of the United States, and upon the governments of the States that made it, and the acts of the Government to restore, to their proper efficiency and relation, everything effected by it. They are the questions with, which ( / Mve are dealing to-day, nnd it is the part of ■wisdom to consider well the orobable effect of this dealing on the future of our country and of mankind. The Constitution adopted by onr fathers, although the word slave or master does not appear in it, recognized their existence in the States, and provided for the protection of the master in his right to his slave in the apportionment of representatives and direct taxes, and in providing for the de- livery up of persons held to service or labor in one State, who might escape into another, on a claim of the party entitled to such ser- vice or labor. In accordance with public opinion at the time, the Constitution was so forraf'd that any one or all of the Stages might abolish slavery without any other effect than the increase of the representa- tives and taxes of the State or States abol- ishing it. It was thought by a majority of the distinguished statesmen who formed the Constitution that slavery would grad- ually and in time disappear from all the States. 3Iassachusetfs had abolished it, and it had been forever prohibited in the Northwestern Territory. Seven others of the States abolished it, but the increased value of slave labor put a stop to its abolition in other States, and there legis- lation tended to strengthen the title of the master and degrade the slave and free persons of his race. All sources of educa- tion were denied to them, and the right of suffrage, which free persons of color en- joyed in some of them, was taken away, and they were prohibited from coming iato and settling in these States. In the free States, too, public opinion In support of compromises in the interestof slavery, that Southern threats of secession and disunion had forced them into, underwent a change, and in many of them disabilities were im- posed U[)on free persons of color nearly, if not quite, as severe as in the slave States. The repeal of the Missouri Compromise, which, lo get Missouri into the Union as a slave State, forever prohibited slavery in the territory nortn of 3(i deg. 39 miu. north latitude, aroused the people of the i'rei^ States upon the subject of slavery in thp Territories, and made a decided change in public opinion. But the decision of the Supreme Court in the Dred Scolt case — that those of the enslaved African race, thougli free men, were not, nor could not be, citizens of any State, in the sense in which th:it word was used in the Consiitu- tion, and could not be parties to suits in any Federal court, not even to those in- volving their rights, under the laws, to freedom; that neither the enslaved African race nor their descendants, whether free or not, were included or intended to be in the Declaration of Independence, and formed no part of the people who framed and adopted the Constitution — returned public opinioiv in the free States to the point of its departure from the opinion of our fathers. The correctness of this decision, which involved the right of slavery in the Ter- ritories, as well as nesrro citizenship, was the main issue in the Presidential election of 18G0. Against its correctness and justice, and in favor of Congressional prohibiiion of slavery in the Territories, was recorded a majority of the popular vote, in all the free States, of 293,767 in favor of Mr. Lincoln, and the electoral vote of every one of them, except four from New Jersey. From the slave States there were recorded acrninst it, and in favor of Mr. Lincoln, 2G,4oO. Mr. Lincoln had 180 of the electoral vote, to 123 for all others. The result was held by the slave States as destructive of their rights in the Union, and especially endangering their title to their slaves, notwithstanding the fact that in both branches of Congress they had a majority in their favor; that the decisions of the Supreme Court were in their interests, and that Mr. Lincoln, on the popular vote, was 930,170 in the minor- ity. With this apprehended danger as a pretext, eleven of the States withdrew their representatives from Congress, and, in hos- tility to the Union, organized a gov- ernment which they styled the Con- federate States of America, in which slavery was to be forever perpetuated. Alexander H. Stephens, the Vice Presi- dent of this rebel government, in his expo- sition of its constitution, and constrasting it with the Constitution of the United States, declared that the prevailing ideas entertained by Jefferson and most of the leading statesmen at the time of the formation of the old Constituiion, were that the enslavement of the African was in violation of the laws of nations; that it was wrong in principle, sociably, morally, and politically; that it was an evil they knew not well how to deal with, but the general opinion of the men of that day was that somehow or other, in the order of Providence, the insiitution would be evanescent and pass away; tliat this idea, though not incorporated in the Consiitu- tion, was the i,>ravaUiug idea at the time; that those ideas, however, were funda- mentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the idea cf a government built upon it! When the storm came and the wind blew, it fell. "But our new government," he said, "is founded upon exactly the op- posite idea. Its foundations are laid; its cornerstone lests upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal conUition. This, our new government, is the lirst in the history of tiie world based upon this great pliysicul, philosophical, and moral truth." ;\ \ / ^ _ ^^ Upon tbe issues so clearly stated by Mr. \d Stephens war was made Ujion the United "v Stales, and for more tlian lour years the ^ , lawful authority of the Union was resisted. Everything was done that could bo done to induce tlie States and the people in rebel- lion to lay down their arms and return to their allegiance. The Territories of Colo- rado, Nevada, and Dakota, comprising nearly all our remaining territory', were or- ganized without any prohihilion of slavery. President Lincoln in his inaugural address, March 4, 18G1, denied tlie purpose or lawful right of the Government to interfere with slavery where it existed, and declared that lie would enforce the provisions of the Constitution for the surrender of fugitive slaves ; that the Government would not assail the South, and that they could have no conflict without themselves being tlie aggressors. And Congress resolved, by an almost unanimous vote, on July 23, 1861, that the war was not waged on our part in any spirit of oppression, or for the purpose of overthrowing or interfering with the rights or established institutions of the Si;ates in rebellion, but to defend and maintain the supremacy of the Constitu- tion, and to preserve the Union with all the dignity and equality of the several States unimpaired, and that as so, found Sherman moving from Savanuah north- ward through the Carolinas ; the forts at the entrance of Mobile and Fort Fisher, commanding the entrance to Wilmington, in our possession ; and troops moving irom Thomas' army, both east ami souih, by rail and river, to complete the capture of these important cities. The iragments of Hoi>d's army moving to joiu the force uudtr Hardee, that had fled from Savan- nah to iuterpose between Sherman and Kichmoud ; and rebel commissioners, iiea-ded by their Vice-President, Alex. H. Stephen^, in conference with President Linculu and Mr. Seward, Secretary of Slate, in Hampton Euads, on the subject yf peace. Mr. Lincoln still insisted upon the integrity of the whole Union, and the abandonment of slavery, and promised great liberality upon all collateral issues. But the representatives of the rebellion de- clined to accede to these terms. In March the rebel Congress authorized the enlist- ment of negro slaves in the Confederate service as soldiers. This was the first in- road of the rebel government upon the ideas on which it was founded. It was a concession that there was enough of the man left in the slave for a soldier, and en- titled liim to be treated, when captured, as a prisoner of war. It went far, too, to- ward removing the prejudice against him. The war for the perpetuation of slavery, however, continued — the earth's thirst was still slaked by freemen's blood until the glittering bayonets of Grant's army flashed the sunlight in the face of Lee's, as they interposed between him and all hope of escape at Appamattox Court-House, and Johnston surrendered to Sherman, and Dick Taylor and Kirby Smith to General Canliy, and all the conditions of the laws of Congress and of war, as announced by the Government, entitling the slave to free- dom, were complied with, and the great emancipation proclamation of President Lincoln obtained throughout the land. The rock upon which the confederate gov- ernment was founded w^as calcined, and the base fabric it supported sunk from the sight of men. The South was one vast camp of paroled prisoners, and the four millions of slaves constituted as many millions of their free population, and the military authority of ths United States alone afl'orded it protec- tion. If the African or enslaved race had no Moses to lead them from the land of bondage, through the Red sea of deliver- ance, they had masters whose hearts were hardened by the Almighty, through the agency of tne Liberty party, to inaugurate a civil war that made the very land in which they dwelt a sea of blood, which, when it arose sulliciently high to slacken their bonds so that they slipped from their limbs, Liberty's God bade the earth drink up, and lett them free. The restoration of the States that had been in rebellion to their proper relations with the Government required the actioc of both the President and Congress. Presi- dt-nt Johnson, who had succeeded to the Presidency upon the death of the lamented and immortal Lincoln, entered at once upon this important duty, and, had the Southern Stales filled their offices with men of the most approved loyalty among them, recognized not only the settlement of the question of secession, but also the settlement of the citizenship of the emanci- pated race among them, and their right to the benefit of all ihe laws for the protection of life, liberty, and property equally with white inea, and extended to such as could read or write or paid a certain amount of taxes the right of suffrage, as sugirested to them l)y the President, and chosen repre- sentatives to CoDgresswhose loyalty during the war was above question, with what they did do in the ratification of the consli- tutional amendment abolisliing slavery and the repudiation of the rebel debt, it might have been concurred in by Congress and approved by the people. IBut as they did not do this, Congress through a joint committee of fifteen, known as the Com- mittee on Reconstruction, instituted an in- quiry into the character of their laws and governments, and their manner of admin- .'stering justice, pending which their repre- sentatives were refused admission into Congress. At this time none of the prom- inent citizens in these States, or officers of the army and civil departments of the Government, thought it practical to with- draw the military force, for both whites and blacks mutually required its protection, and it was so reported ofiicially to the Government. On the 12th of January, 1866, official in- formation from the South made it necessary, to protect officers, soldiers, and others, who had been connected with the army, and persons charged with offences done against the rebel lorces during the rebellion, and the occupants and custodians of aban- doned lands and property, to issue an order from the headquarters of the army direct- ing, where it had not already been done, orders to be issued by local commanders prohibiting the prosecution of these classes for acts done under proper orders, or against the rebellion, in the State and municipal courts, and also to protect colored persons from prosecutions for offences for which white persons were not punished in the 6ame manner and degree. April 2 President Johnson issued his proclamation declaring the end ("except in Texas") of the insurrection which had existed in the seceded Slates, and that it was thenceforward to be so regarded. On the 1st ot May, in an order relating to military courts aud commissions in these States, the President directed that there- after whenever offences committed by civil- ians were to be tried whei'e civil tribunals were in existence which could try them these cases were not authorized to be, and would not be, brought before military courts, but would be committed to the proper civil authorities. The result of the Congressional inquiry into the character of the laws and governments of the se- ceding Slates, aud the manner of admin- istering justice there, was to satisfy Con- gress that the governments in those States were illegal or anti republican in form, and that the emancipated race was not afforded the equal protection of the laws with the governing class; that many of the disabili- ties that attached to them when slaves had not been removed, and that in fact in soma districts they had no protection at all, owing to the prejudice of the gov- erning class against them, and the ne- glect of the civil authorities to arrest and punish those who committed the crime of murder or other offences against them. Whereupon Congress, by virtue of the constitutional obligation guaranteeing to each State within the Union a republi- can form of government, and the provision that no person should l)e deprived of life, liberty, or property without due process of law, and i's duty to settle the questions growing out of the war, passed the civil rights bill, and proposed an amendment to the Constitution known as "article four- teen." And as the rights of States in this Union to representation in Congress is not greater than their right to republican forms of government, and in fact depends upon the existence of such forms of gov- ernment. Congress determined to withhold fronf the States lately in rebellion the en- joyment of the right of representation until they returned to their republican charac- ter, or ratified the proposed amendment to the Constitution, which, it was believed, would in the end result in their return to such character of government without further action or interposition of the Gen- eral Government. This amendment was at once ratified by Tennessee, and her re- presentatives, all of whom were loyal dur- ing the war, were admitted to their seats in Congress, and she has since extended the elective franchise to her colored citi- zens the same as her white ones. The civil rights bill met with great opposition in the South. The provision therein that citizens of every race and color, without regard to any previous condition, should have the same right in every State and Territory in the United States to the rights therein enumerated, among which was the fuU and equal benefit of all laws and proceed- ings for the security of person and pro- perty, as is enjoyed by white citizens, and to be subject to like punishment with the white man and none other, instead of se- curing to colored persons the protection intended, seemed to increase their danger, in exciting and intensifying the prejudice of certain classes against them, and also against the ofiicers of the army and of the Freedmen's Bureau, and those who were Unionists during the war. They were frequently murdered, and no attempts were made to arrest their murderers, al- though they remained quietly in the neigh- borhood. This failure to enforce the laws was sometimes from fe ir on the part of the better class of the people that their own lives and property would be endangered thers'oy, but more frequently from indif- ference on the subject. And when arrested and tried, they were generally acquitted, or the punishment inflicted was but trifling. 6 To remedy this condition of things, an Drder was issued from the headquarters of tlie army, June Gih, 180G, directing the military commanders there to arrest all persons who had heen, or might thereafter be, charged with the commission of crime, when the civil authorities failed, neglected, or were unable to arrest and bring ihem to trial, and to hold them until a proper judi- cial tribunal might be willing to try them. August 20, 1866, President Johnson issued his proclamation, in which, after repiiing among other things that adequate provi- sions had been made by military orders to enforce the execution of the acts of Con- gressj (o aid the civil authorities, and se- cure obedience to the Constitution and laws, if a resort to military force for such i purpose should at any time become neces- j sary, he declared the insurrection that had j existed in Texas at an end, and was thence- j forth to be so regarded as the other btates, | and that peace, order, tranquihty, and civil authority then existed throughout the whole of the United States. The Constitution provides that represen- tation and direct taxes shall be apportioned among the several States which may be in- cluded within this Union according to their respective numbers, which shall be deter- mined by adding to the whole number of free persons, including those bound to ser- vice for a term of years, and excluding In- dians not taxed, three-fifths of all other persons. The "all other persons" were slaves, and numbered, at the breaking out of the war, nearly four miUions. They were regarded in tbe mixed character of person and property. Each one was three-filths a person and five-fifths a chat- tel. He was a peculiar kind of property, and hard to hold, yet subject to taxation as any other kind of property. He was there- fore invested with three-fifths of the hu- man character, which was represented in the person of his owner. This enabled his owner to securely hold and enjoy him iu the full character of a chattel, two-fifths of which was exempted from taxation. This was a compromise between those in the interests of slavery and those who desired its extinction. The provision for the re- turn of fugitives from service to their mas- ters was incidental to this, and applied as well to those bound to service for a term of years. The result of the war was the free- dom of all the slaves, who, with the free persons of color, constituted more than two- fifths of the inhabitants in the eleven States in rebellion, and to render surplus- age the words, '-three-fifths of all other persons" in the Constitution, and settled the question of their right to citizenship adversely to the decision of the Supreme Court, as well as the right of secession for- ever. These were questions directly in- volved in the contest. These were the auxiliaries to slavery for which the seced- ing States made war, and with it slavery ended. To hold otherwise, what would be its ef- fect upon the States and citizens and their rights expressly derived from the Constitu- tion? We wculd have four millions of peo- ple, each one a free agent to come when ho pleases, and go when he pleases, at least in the State where he resides, Iree to enter into contracts with States and citizens, cDntracts that may become subjects of liti- gation. Yet he could not be made a party to any suit in any court provided for by the Constitution, nor could any suit in a State court in which is brought in question tlie validity of any statute of the United States be carried to any of these courts. He is not a citizen of any foreign Power. JSTo citizen or State can enforce any rights they may have against him in any of these courts, no matter wliat the magnitude of their interests. Tbis perhaps was a small matter when there was only a few thousands of these people, but when you increase them to millions it becomes a grave and serious one to the States and white citizens, but still more so to the colored race. Should not as niauy rights be accorded to liberty, under the Constitution, as were accorded to slavery? When the slave escaped into another State the master could follow him into that State, no mat- ter what its laws might be, and carry him back to servitude. Ouglit not the freeman now, that was the slave then, to have the right of a citizen of the United States to go to any State, and remain there, no mat- er what its laws? The next question following that of citi- zenship is, have the se.;eding States any equitable constitutional right to represent- ation for the persons made free by the war, without granting to them the right of suf- frage ? Had slavery been abolished by an amendment of the Constitution while their relations with the Government were un- disturbed — or had they themselves peace- ably, and in obedience to the laws and Constitution, abolished it, and made proper- provision for the protection of the emanci- pated, and their rights of life, liberty, and p.ropert>' — their equitable constitutional right to this representation would not-have been questioned. The greatest considera- tion the pari_i to that compromise in the Const ilutiou that desired the extinction of slavery had, after the securing of the Union, was tne hope that the increased representa- tion it would give would induce tne States to emancipate their slaves. Bui the eman- cipation contemplated was peaceable, r»nd in accordance with law, and not the re- sult of violence and wrong. It may be said that these States have ratified the con- stitutional amendment abolishing slavery peaceably and in conformity to law. To this we answer their ratification of the amendment was after their slaves had beeu freed. It was only a confirmation of that freedom which they were powerless to pre- vent, and advanced them one step nearer the restoration of their proper relations ■with the Government; and this advanced f-tep in that direction is the only con- fcidcration they are entitled to for their ratification of it. The consideration to the Government was that it put the adoption of the amendment beyond all possible question; but aa the destruction of this compromise, in the freedom of the slaves, was the result of their own wrong, they not only can have no equitable claim under the Constitution to any benefits flowing from it, however great they may be, but should forfeit to the persons of these freedmen the right to the three-fifths rep- resentation they had for them when they were slaves; and while they withhold from them the right of suffrage they not only are not entitled to representation for them, but they render questionable their republican lorm of government. These persons are no longer subjects to be bought and sold; their owners no longer pay the taxes as- sessed upon three fifths of their value to the General Government, which entitled them to represent their three-fifihs human char- acter. But they are now free, and pay taxes for themselves — all the taxes that are assessed, too, upon the full value of their property. And above and beyond all this, they furnished two hundred thousand sol- diers, who freely shed their blood side by side with the two million heroes of our own race in the maintenance of the Union and the Constitution. If ever it could have been plausibly argued that they were not of the people who framed the Government, it can never be said that they were not of those who saved it. In view of these facts, and the further fact that the representation the States had for them was used as a means to secure and perpetuate their enslavement, ignorance, and degradation, now that they are free, in the name of justice and all that is honorable among men, are they not en- titled to representation to preserve that freedom and to subordinate the soil they cultivated in slavery and ignorance to taxa- tion for the culture and enlightenment of their children and the elevation of their race ? If their ancestors had been freed in the war for independence, and fought side by side with our revolutionary sires in de- nial of the right of taxation without repre- sentation, what would our fathers have done ? Why, sirs, tbey never would have questioned their right to representation, fchall we, their sons, then, after having fought the great battle in support of the idea of man's equality, upon which our Government is founded, which they fought, over again, refuse to avail ourselves of the opportunity we now have to invest the de- scendants of the enslaved race so far as is within our power with all the rights they would have had if their ancestors had all been free at the formation of the Constitu- tion? When the compromise of human rights made by our fathers to secure the Union has been swept away by the very party in whose interest it was made, in its mad attempt to destroy the Union, will we any longer withhold from those whose iiherties and human character were involved in that compromise the in- alienable rights of man? No; we will re- store to them these rights, as our fathers would were they living. James Madison, one of the authors of the Constitution and its ablest expounder, in discussing the sub- ject of representation said : "It is only un- der the pretext that the laws have trans- formed the negroes into subjects of property that a place is disputed them in the compu- tation of numbers, and it is admitted if the laws were to restore the rights which have been taken away the negroes could no longer be refused an equal share of repre- sentation with other inhabitants." Their right to representation when free was un- questioned. It was admitted by all the leading statesmen of that day. It was a right to be enjoyed by themselves, and not by the other inhabitants for them, and at the time of the adoption of the Constitution in at least five of the States they were en- titled to and did enjoy the right of suffrage, and were represented in the convention that framed tliat instrument in the persons of every delegate from the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, and were of the people who, for themselves and their posterity, ordained it to be the Constitu- tion of the United States of America. By the first section of the constitutional amend- ment now pending, citizenship of the United States and of the States is clearly defined, and not left to the discretion of the several States, or decisions of courts. It provides that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United Slates and of the State wherein they reside, and that no State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States, nor deprive any person of life or property without due pro- cess of law, nor deny to any person within its jurisdiction the equal protectio.u of the laws. The second section, intended as a settlement of the question of representa- tion, apportions representation among the several States according to their respective numbers, counting the whole number of persons in each State, and excluding Indians not taxed, but when the right to vote is denied to any ot the male inhabi- tants, citizens of the United States, and over twenty-one years of age, except for crime, the basis of representation shall be reduced in the proportion which the number of such male citizens shall bear to the whole num- ber of male citizens, twenty oae years of age, iu tlie State. This secures the equal political power of voters iu the Govern- ment. In deference of the acknowledged right of the State to regulate the question, suffrage was not expressly conferred upon the emancipated race, but, constituting so large a body of the people of many of the States, and affecting to such an extent as they do the representation, there was but little doubt that the States would extend to them that right. The Constitution defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, or giving them aid and comfort, and empowers Congress to declare the punishment of treason, but provides that no attainder of treason shall work corruption of blood or forfeiture, ex cept during the life of the person so at- tamted. Congress declared the punishment of treason to be death or imprisonment for not less than five years, and by a tine of not less than ten thousand dollars, the freedom of slaves and inability to hold office under the United States. Under the Constitu- tion any one charged with treasjn has a right to a speedy and publiff trial by animpartial jury of the State and district wherein the crime may have been commit- ted, which district shall have been pre- viously ascertained and fixed by law, and to be informed of the nature and cause of the accusation by presentment or indict- ment of a grand jury. They cannot be tried in any other place or manner. The war embracing as it did the great mass of the people in the States and districts where it was mostly carried on, and the preva- lence of the belief of the people there in the lawful right of secession, together with the conspicuousness of the principal lead- ers, and the notoriousness of their partici- pation in it, in effect put a bar to all punish- ment for the crime of treason, under the Constitution. All the provisions of the Constitution for its punishment were ren- dered inoperative, as it were, there was no such thing as jurors, such as the Con- stitution contemplates, in these States and districts, to sit in cases of treason. All had made up their minds on the question of treason and secession, and those believing in the right of secession would not, of course, fiud one guilty of treason w io had only attempted secession; and the notori- ousness of the participation of the princi- pal leaders, the ones that ought to be pun- ished, was such that few, if any, of those who believed levying war against their Government was treason, when examined as jurors could siy they had not made up their minds as to the guilt or inuocence of the accused. Besides the great majority of ihcm were themselves guilty, and one would scarcely expect them to render ver- dicts of guilty that m'ght he pointed to as precedents against their own lives, liberty, property, and eligibility to ollice. The result of the war upon the Constitu- tion, then, in so far as it relates to treason and its mode of punishment, was to render the infliction of punishment so uncertain as to destroy its usefulness as a preventive of treason almost entirely, as well as to render the Government in a measure pow- erless to inflict any of the pains and penal- ties prescribed for it upon the leaders of the rebellion; for unless conviction for the offence could be had no punishment what- ever could be imposed. No one could be put to death for treason, no matter how much the safety of society demanded it; no one could be imprisoned or fioed for it; no confiscations of property or forfeitures of real estate lor the lifetime of the person convicted, the constitutional limitation to such forfeitures, could be hid, nor could any one guilty of treason be held in- capable to hold office under the United States. These convictions could only be asked for from the communities most deeply stained with treason, and their re- fusal was almost certain. THE CONSTITUTIONAL AilENDMENT. Thus, at the end of the most gigantic civil war that ever attempted the destruc- tion of a nation, the Government found itself powerless to punish those who in- augurated and directed it iu its fell pur- pose. The third section of the consiitu- tioual amendment, now pending, in a measure gets over the obstacles the rebellion has placed in the way of punishing treason, and makes its punishment certain to the extent it goes. It provides that no person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or mili- tary, under the United States, or any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an ex- ecutive or judicial oflEicer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Con- gress may, by a vote of two-thirds of each House, remove such disability. This is not only magnanimous to the people in rebel- lion, but it is a wise precaution against trea- son ; it renders none ineligible to office except those who had, previous to their rebellion, held office under the United States or States, and taken the oath to support the Constitution of the United States, which, by the Constitution, they were expressly required to take. To this exception, it seems to me, no reasonable objection can be had. To those included iu it was once intrusted the power of the Governuieut, and had they been true to their offices and tiieir oaths, there could have been no rebellion; aod had it been attempted, the Govern- y ment could have given that protection to the people in the rebellious States they were entitled to; but the unfaithfulness of these officers rendered the Governmtnt powerless to prevent the rebellion, or to protect those of its people who would have been loyal could they have had protection. Those rendered ineligible to hold office are not disfranchised, but all the rights apper- taining to citizens are theirs to enjoy, save that of holding office. Every other citizen of the United Stales who has the requisite qualifications, no matter how conspicuous he was in the rebellion, no matter how hard he fought against the Government, is eli- gible to any office, civil or military, State or Federal, even to the Presidency. If this is not magnanimity, what is ? This amendment empowers Congress, by a two-thirds vote, at any time to remove the disability it imposes. Let the persons to whom the disability attaches pursue a wise course in support of the Government, and they may look forward to a time, and that, too, at no distant day, when their dis- ability will be removed, and all the rights of citizens restored to them. THE PUBLIC DEBT. Another result of the rebellion upon the people of the United States was the entail- ing upon them of a public debt of two thousand five hundred millions of dollars, and obligating the payment of large sums, for pensions and bounties, for services in suppressing it. The rebel government and States, in aid of the rebf^llion, hatl an out- standing indebtedness of about two thou- sand millions of dollars, and obfigations for pensions, too, in aid of it, and the claim of payment for emancipated slaves was un- settled. Who could say that there might not be danger at some time of the repudiation of our public debt and of our obligations for pensions and bounties, or assumption of the rebel debt and its obligations, and pay- ments be made for emancipated slaves? It is hard to tell what a people who had lost so much by the war as those of the rebel lion lost might not be stimulated to do to avoid the payment of a debt and obliga- tions directly incurred in producing that loss, or what two thousand millions of money, aided by the millions claimed for emancipated slaves, might not effect in the Legislatures of the secedsng States, or even in the Congress of the United States. THE REBEL DEBT AND PAYMENT FOli EMAN- CIPATED SLAVES. The purposes of the fourt'h section of the constitutional amendment is the settlement of these questions. It provides that the validi'y of the public debt of the United States authorieed by law, including debts incurred for the payment of pensions and bounties for services rendered in sup- pressing insurrection or rebellion, shall never be questioned; but neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emanci- pation of any s'ave, but all such debts, ob- ligations, and claims shall be held illegal and void. It may be said that this amendment is unnecessary, that no one would think of repudiating our national debt, or our obli- gations for pensions and bounties; that if they did, the amendment would be no pre- ventive; they would only have to elect a Congress that would refuse the necessary appropriations to meet them; and that it was idle to think of either the United States or any of the States assumiug the rebel obligations or the payment of claims for emancipated slaves. To this it may be replied that it will be difficult to find any one to go before the people and advocate the repudiation of an obligation expressly declared in the Constitution, when, hut for its being so declared, they might be found. And as to the rebel obligations and the payment for emancipated slaves, it not only settles them forever, but will make men cautious about giving credit to such rebellions in future. Of the necessity of these amendments to settle the questions that had been involved in the war and resulting from it there can be no doubt, yet all the seceding States, excepting Tennessee, rejected them as an infringement upon their constitutional rights, REPUBLICAN STATE GOA^EBNMENTS IN THE SOUTH. Was Congress correct in its decision that the States lately in rebelMon have illegal or anti republican forms of government ? Of the want of protection of the persons and property of freedman there is no question. James Madison, in discussing the con- formity of our Constitution to republican principles, in answer to the question, "What, then, are the distinctive characters of the republican form?" which he put, said : "If we resort for a criterion to the different principles upon which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the people, and is administered by persona holding their offices during plea- sure, for a limited period, or during good behavior. It is essential to such a govern- ment that it be derived from the great body of the society, not from an inconsiderable portion, or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions, by a delegation of their powers, might aspire to the rank of repub- licans, and claim for their government the 10 honorable title of republic." This we hold to be the true definition of a republican form of government in the sense in which that term is used in the Constitution. Do the forms of government in these States come up to this definition ? It may be replied that these States had republican forms of government under tbe Constitu- tion and Uaion before tbe rebellion, or the willidrawal of their representation from Congress, and that their rights under the Constitution and Union were not affected by these acts; tliat they are still in the "Union, and never were out. To the propo- sition that they are still in the Union and never Avere out we subscribe, and shall continue to subscribe, while we remember the dead heroes whose eyes, before they were glazed in death, mirrored all the stars upon our flag, and who in their hearts be- lieved, iiefore they had ceased to beat, that they represented freedom. Union, and the indestructibility of States. But tbe republican character of their State govtrnmeuts was affected by these acts in so far as they resulted in admitting a class of freemen into, and constituting them a part of, the society or people of these States, so long as the right to partici- pate in the affairs of State is withheld from them. It is only to States in the Uuioa that the Constitution guarantees "republican forms of government. In discussing this provision of the Constitu- tion, James Madison, in answer to the questions that it was not needed, and that it might become a pretext for alterations in State governments without the concurrence of the Slates themselves, said : "If the in- terposition of the General Government is not needed, the provision for such an event will be a harmless superfluity in the Con- stitution; but who knows what experiments may be produced by the caprice of par- ticular Slates, by the ambition of enter- prising leaders, or by the intrigues and influence of foreign Powers. To the sec- ond question it may be answered that if the General Government should interpose by virtue of this constitutional authority, it will be of course bound to pursue the authority. But the authority extends no further than to a guarantee of a repubhcan form of government, which supposes a preexisting government in the form which is to be guaranteed. As long, therefore, as the existing forms are continued I)y the States they are guaranteed hy the Federal Constitution. VVheuever the Slates may choose to substitute other repubhcan forms, they have a right to do so, and to claim the Federal guarantee for the latter ; the only restriction imposed on them is that they shall not exchange republican for anti-re- publican coustitui ions, a restriction which it is presumed will hardly be considered as a grievance." Before these States attempted secession, and while their relations with the Govern- ment were undisturbed, there were about one hundred thousand free persons who, on account of their race and danger to slavery, were denied any voice in their government. And there were of the same race over three and one-half millions who were, in the language of James Madison, "by the compromising expedient of the Constitution, regarded as inhabitants, but debased by servitude below the equal level of free inhabitants, which regarded the slave as divested of two-fifths of the man." Under the Constitution they were not re- garded as a part of the society of these States entitled to a voice in the Govern- ment ; and while this compromise con- tinued, denial of it to them did not atfect their republican forms. But these States, in their own caprice and the ambition of enterprising leaders, relying, too, upon the aid of foreign powers, withdrew their rep- resentation from Congress, organized a government of their own, declared hy them- selves to be in direct opposition to the ideas upon which ours was founded, and, by the most bloody war that ever deluged a land with blood, maintained it for more than four years, forcing us, in order to overthrow it and save tbe Union, for whi^h the com- promise of the slaves' manhood was made, to free the slaves, and restore to them their manhood. At the close of this bloody struggle, instead of one hundred thousand free persons to whom is denied a voice in their Government, we find nearly four millions. WHEN" SOUTHERN STATE GOVERNMENTS CEASED TO BE REPUBLICAN. The compromise of the Constitution that saved to these States republican forms of government, and exempted them from the Madisouian definition of one, was swept away in their mad attempt at secession. And their governments, derived as they are iu some of them Irom a minority of the people, an inconsiderable portion of the society, instead of from the great body of it, from which it is essential to the republican char- acter they should be derived, and in all the others from a favored class of society which is destructive of the republican character, and who do not aff'ord to the other class the proper protection of persons and property, guaranteed to them by the Constitution; when that class, too, from whom they are not derived, was the only one iu many of them who fought to maintain the Union and the rights of States unimpaired, fall far below the Madisouian defiuition of a republican form of government in the sense of that term as used in the Constitution. In view of these facts, to hold otherwise would be not only degrading of the char- acter of republics, and violative of the laws of nations under whose shield persons made free by war are, but an outrage made 11 upon the rights of those who helped to fight for the Union and the rights of the States under it; and we "would deserve and receive the universal rebuke and repro- bation of mankind." OBLIGATION OF THE GENEHAt, GOVERN- MENT TO GUARANTEE REPUBLICAN STATE GOVERNMENTS. The Constitution guarantees to each S'ate in this Union a republican form of government, and also provides that no per- son within this Union shall be deprived of life, liberty, and property without due pro- cess of law. That is to say, if any State in this Union, in its own wrong, ceases to be republican in form, the Government will restore it to a republican form; or if a State fails or refuses to protect persons within its jurisdiction in their lives and property, the Government will give lliat protection. The manner in which, and tbe means to be used in executing these constitutional obligations are for the Presi- dent and Congress to decide, and if they deem it necessary they may make use of tbe army. In fact, ever since those States withdrew their representation from Con- gress, and organized a government in hos- tility to tbe republican idea upon which the Union was founded, it has been deemed necessary by the President and Congress to use the army — first, to break down and destroy their governments in hostility to the Union, and secondly, to enable them to revive and put in motion the State gov- ernments they had when they attempted secession, and adapt them to the new con dition of society. But as they, in their adaptation of these governments to the new state of society, failed to come up to the requirements of the republican form, and refused their assent to the amend- ments of the Constitution where its provis- ions had been affected or impaired by tlie war, and failed to properly enforce the civil rights bill for the protection of life and property, it was continued there. THE MILITARY RECONSTRUCTION BILLS. The manner and means decided to be ne- cessary for the execution of these constitu- tional obligations, and the restoration of these States to their proper relations with the Government, are set out in what is known as the military reconstruction bills. They are divided into five military districts, subjected to the military auihority as pre- scribed in the bills, and each district is com- manded by an oflicer of the army, whose duty is to protect all persons in their rights of persons and property, to pr^^serve order, and cause criminals and disturbers of the peace to be punished; and to that end he is authorized to allow the local civil tribunals to try otfonders, or when in his judgment it is necessary he may organize military com- missions to try them, but no sentence of death can be carried into effect without the approval of the President. To enable tlie people of each of these States to form a constitution in conformity with the Constitution of the United States in all respects, and extending the elective franchise to their male citizens twenty -one years old and upward, of whatever race, color, or condition, who have been one year resident of the State previous to any election— except such as may have been disfranchised for participation in the rebel- lion or for felony at common law — and to enable them to participate in the present governments in those States until the new constitutions shall go into effect, the right of suffrage is extended to all male citizens, irrespective of color or previous condition, who can take an oath that they have been, for one year previous to the election or registration, residents of the State, and tw-enty-one years old, and have not been dis- franchised for participation in any rebellion or civil war against the United States, and have never been members of any State Legislature nor held any executive or judi- ci il office in any State and afferward en- gaged in insurrection or rebellion against the United States, or given aid and com- fort to the enemies thereof, and have never taken an oath as member of Congress or officer of the United Slates, or as member of any State Legislature, or executive or judicial office of any State to support tha Constitution ot the United States, and afterward engaged in insurrection and re- bellion against the United States, or given aid and comfort to the enemies thereof; and to all who cannot take this oath the exercise of the elective franchise is denied, but the moment the new constitutions go into effect the denial of its exercise* ceases. Because of their exercise of thft offices they once held against the Govern- ment and their unfaithfulness to their oathir to support the Constitution, the right tc exercise the elective franchise and to hole office is withheld from them until the wit of the people of the States shall be madi , known through their constitutions respec- tively. When these States respectively shall have adopted their new constitutions and organized their governments under them, and the Legislatures of their new governments shall have ratified the consti- tutional amendment now pending, if Con- gress approves of their new government as republican in form, their representatives will be admitted to their seats in Congress. These acts and the disabilities they im- pose are temporary, and are to end upon the accomplishment of their purpose, namely, the restoration to these States of republican forms of government, secure the protection of life and property, and settle the questions of the war affecting the Constitution and people of the United Stales. 12 THE ELECTIVE FRANCHISE IS the on jy pure protection to person and prol)ert3^ It gives one a voice in govern- ment, secures to liim respect, and insures liim tlie equal benefit of tlie laws. And when these acts have accomplished their purpose, there will be no male citizen in all these States, of the age of twenty one years or upwards, except such as are disfran- chised tor rebellion, or felony at common law, who is not entitled to this right of suflrage, to this voice in their government. The only disability attaching to any such citizens will be that imposed by the third section of the constitutional amendment. THE RECONSTRUCTION ACTS CONSTITU- TIONAL. That the objects and purposes of the acts are constitutional, there can be no reason- able question, nor do I think the manner and means adopted by the Government to secure these objects unconstitutional. They are in the nature of a writ or execution is- sued by a court upon a judgment or decree that it has arrived at after a full hearing of the facts and examination of the law in the case, in the hands of a sheriff to execute. If it is for the possession of houses and lands, he goes to the occupant, and if he gives up the possession to the person en- titled to it peaceably and in obedience to the writ, that is the end of it; but if he re- fuses to give up the possession, in virtue of the authority of his writ of execution, he calls in the posse comitatus, or power of his county, and puts him out by force, and re- stores the possession to the rightful person, and that is the end of the writ and the au- thority of the officer under it. So the Government having, with a full knowledge of the facts, and their constitu- tional obligations, determined the neces- sity of restoring to these States republican forms of government, and of securing to all the people thereof protection in their persons and property, and of settling the questions affecting the Constitution and people resulting from the war, issued its order, the purpose of which is fully set out therein, and placed it in the hands of officers of the army of the rank therein named, with authority to exercise such military power as was necessary to the execution of the purpose of their order, and the moment this purpose is executed their authority ceases. That the use of the military au- thority contained in these laws was neces- sary to enable the Government to perform its constitutional obligations, there is no doubt. In all its efforts through the civil authorities it had, we might say, wholly tailed. And under the provision of the Constitution authorizing Congress to make all laws necessary and proper for carrying out the powers vested by the Constitution in the Government, the President and Con- gress are the judges of the necessity, and having determined it, the validity of their acts, being purely political, cannot be ques- tioned. The decision of the Supreme Court n a case involving the constitutionality of ihe charter of the United States Bank is ap- tlicable to this. In that case the charter p as sustained on the ground that the bank I was a necessary fiscal agent of the Govern- , ment, the court holding unanimously that, { "If the end be legitimate, and witliiu the ! scope of tihe Constitution, all the means I which are appropriate, which are plainly i adapted to that end, and which are not I prohibited, may constitutionally lie em- ployed to carry it into effect; that if a cer- I tain means to carry into effect any of the I powers especially given by the Constitution 1 to the Government of the Union be an ap- propriate measure, not prohibited by the Constitution, the degree of its necessity is a question not of judicial cognizance." THE EMANCIPATION AMENDMENT. It may be asked what becomes of the constitutional amendment abolishing sla- very which the Southern States have ratified, if they have illegal or anti-republican forms of government. The answer is they are governments de facto, nevertheless, and acts of theirs, especially those directly tend- I ing to the settlement of the questions in- i volved in the war, or to render unques- tionable the acts of the Government neces- I sitated by the war, if accepted and ratified by the Government, as their action in this I case has been, are binding and valid to all I intents and purposes. Besides, it is not I admitted that the amendment was not valid I without their concurrence. To hold that I it was not would be to admit a weakness in I our Constitution inconsistent with the na- tional life it is intended to perpetuate. WERE THE SECEDED STATES NECESSARY TO ITS RATIFICATION? At the time of the attempted secession of the Southern States there were in this Union thirty-four States, twenty-three of which constituted the required two-thirds to apply for a convention to propose amend- ments to the Constitution. Had the eleven who withdrew from Congress and made war upon the Government succeeded in getting one more to do so, which they came near doing, one of the modes pro- vided for the amendment of the Constitu- tion would have been gone to us if we held to the construction that those do who insist that an amendment to the Constitu- tion to be valid must be ratified by three- fourths of all the States, no matter what their relations or attitude to the Govern- ment may be. And that is not all ; it would render questionable the consti.tutiouality of an amendment proposed by two-ihirds of a Congress in which less than two-thirds of the States were represented, and might I even make questionable the validity of an 13 amendment proposed by two thirds of a Congress iu which only two- more than two-thirds of the States were represented. By this rule of construction, had one more of the States gone into rebellion and no new ones been admitted, the result of the election for President and Vice Presi- dent in 18G4 might have been such as to have ended the Government under the Constitution altogether. Had General Fre- mont continued in the canvass and divided the electoral vote between the three candi- dates for President and Vice President, re- spectively, so that no one had the required majority to an election, as was the case in 1834, there would not have been a quorum of two- thirds of all the States in the House of Representatives, or of two-thirds of the whole number of Senators in the Senate, for the election of either President or Vice President, as provided for in such cases. And as Congress is only empowered to provide by law for the case of removal, death, resignation, A* inability, both of the President and Vice President, and not for the case of a failure to elect a President or Vice President, on the 4th day of March, 186.J, the office of President and Vice Presi- dent of the United States would have ex- pired, with no authority in the Constitution for tlaeir revival, and our Government under the Constitution would have been at an end. Even with the States that were represented, had the election resulted as supposed, by this rule of construction the eleven States at war ar^ainst the Govern- ment and their Senatorswould have counted against the candidate having the highest number in either House, getting a majority of all the States, or of the whole number of Senators. The Constitution should never be construed so as to defeat itself, or the rights of the people and States under it. UKIVERSAL SUFFRAGE. It is to be hoped that all the States that have not conferred the right of suffrage on the emancipated race may deem it the part of wisdom, as well as justice, to do so at the earliest practical period, and not by delay in doing so compel an amend- ment of the Constitution for that purpose — an amendment which, with the aid of the eleven Southern States, in which it is ex- tended to them, would be sure to be adopted. It may be thought by some that these States could not be relied on for such aid, because of the hope that may exist among their white citizens of securing at some time the disfranchisement of the col- ored citizens, as was once done in North Carolina and Tennessee ; but if there is any such hope it will be forever dissipated by a clause that I have no doubt will be inserted in all of their constitutions, pro- viding tbat no amendment to them shall ever be made abridging the elective fran- chise as therein declared. NO DANGER PROJI EXTENSTON OF THE ELECTIVE FllAKCIIISE. There need be no apprehension of dan- ger to our institutions from the extens-ion of the elective franchise to the African race on account of their great number and ignorance. The love of liberty and of the forms of free government are too n)uc,h a part of the American character ever t) be affected in any such way. The men of the South who made the determiued und des- perate fight for the enslavement of the African because of his value as property, nevertheless love and appreciate liberty for themselves. And the African, ele- vated from the degradation of slavery, rendered respectable by his voice in gov- ernment, admitteil to all sources of intelli- gence, inspired by the same love of free- dom, speaking the same language and worshipping the same God, will rise rapidly in the scale of knowledge and the cloud of ignorance that envelopes him will as rapidly pass away, and he will not fail "to help to keep the jewel of liberty in the family of freedom." And that peace so long desired, but which can ucvtir be had in a government like ours while a political right accorded to one is denied to another, will prevail through all the land. NO DANGER FROM THE ARMY. Nor need fears be entertained of danger to the people' 8 liberties from the army. The army is of the people, and has ever been with the Government, and no one has been, or ever will be, mad enough in their pur- pose to destroy the liberties of the country to rely upon its assistance. On the con- trary, the first thing they would do would be to get rid of it. What did the leaders in the rebellion just closed do ? With the Secretary of War, (Floyd,) the adjutant general of the army, (Cooper,) the quar- termaster general of the army, (Joe John- ston,) and the chief of staff to the lieutenant general commanding the army, (Lee) — allia their interest, did they concentrate the army in the neighborhood of Piichmond or Har- per's Ferry, that they might at the oppor- tune moment seize the capital and Govern- ment of the United States? Far from it. They placed it beyond the people's reach, virtually abolished it, and sent our ships of war into the furthest seas. They knew too well, when the hour of trial came, on which side the army and navy would be Ibnnd ; that "Yankee Doodle," and not "Dixie," would be the tune they would march and fight to. At the close of the retellion among no part of the people of the country was there a greater desire to be found than in the army for the immediate restoration of the people in the rebellious States to their rights of civil government, and the withdrawal, at the earliest practicable moment, of mili- tary authority from among them. And to- 14 day, -whatever may be said to the contrary, there are no meu in all the United States more anxious to have the people of the Soutli comply with the requirements of the Government, that they may be relieved of the exercise of the authority that has bepn imposed upon them, than are the five mili- tary commanders there. And whatever they may do, you may rest assured, is in- tended by them to facilitate the complete restoration of civil authority, and to end their military power. NO DANGEK FROM THE SUPREME COURT. K'or need the people have fears of danger to their liberties from the Supreme Court of the United States. Its recent decisions on the military commission and test-oath cases, that seemed to create such uneasy apprehensions in the public mind, were in the interest of individual lil)erty and the vindication of men's rights under the Con- stitution, and not the imposing of disabili- ties on them. They do not seek to deny the validity of military tribunals in States and districts where all civil tribunals were suspended or destroyed by actual war, or where, resultant from that war, the civil tri- bunals had ceased to protect s^ociety by the punishment of offenders against it. They are far different from the decision in the Dred Scott case, which, after denying a man's right to a hearing in court on the question of his freedom and remanding him to bondage, sought to doom the very earth to constitutional slavery. Government, in the exercise of its war powders, may find it necessary sometimes lo dciil arbiirarily with individual rights, or in the tread of mighty armies they may be iranii)led under loot, but they arc never lost sight of by an independent and honest judiciary. Much has been said of the power of one of the judges of the Supreme Court, in cases where the court is equally divided, to declare unconstitutional and void a statute or act of the United Stites which has miit the approval of both the other de- pariujents of the Goveruuent, or been passed by the requisite majority in both houses 01 Congress, who, equally with the Supceme Court, are judges of tiic consiitu- tionalify of iheir own acts. By the Con stituiiou the people vested the cstablish- menl of the Supreme Court in Congress, and extended its jurisdiction to all cases in law and equity arising under the Constitu- tion, the Liws of the United States, and treaties made, or which might be made, under the authority of the Uuitjd States. Suits are usually brought to obtain deci- sions, and the simjiler and less dillicult the mode of arriving at them is the better it is lor the suitors. And Congress and the President in its establishment, perhaps, had more in view the iutcreslvS of suitors than deereabing iho chauces of their own acts being declared huU and void by re- quiring the concurrence of a greater num- ber of the judges in any opinion having that effect. Otherwise they would have gone to the Constitution and ascertained what rule the people, whose agents they were, adopted relative to the other depart- ments of Government, or affecting the Constitution, and applied the rule they there found to all decisions of the court in- validating any law or act of the United States. If the executive department of Govern- ment disapproves of any law or resolution of Congress requiring its approval, two- thirds of both houses are required to con- cur in its passage or adoption. To convict the President in case of impeachment, two- thirds of all the Senators present must con- cur. To expel a member from either branch of Congress, two-thirds of the branch to which he belongs must concur. When the choice of President and Vice President devolves upon Congress, it re- quires a quorum of two-thirds of the sev- eral States to be represented in the House of Representatives to enable them to choose the President, and a quorum of two-thirds of the whole number of Senators to enable the Senate to choose the Vice President. To propose amendments to the Constitu- tion, two-thirds of both branches of Con- gress must concur, or the Legislatures, or conventions of twothirds of all the States must join in proposing them. To enter into any treaty with loreign uai inns, re- quires the concurrence with the Presitient of two thirds of the Senate. To require the concurrence of all the judges would enable any one of them to prevent any de- cisions, and destrcj' the greatest constitu- tional purpose of the court altogether. FREEDOM OF SPEECH, At the commencement of the rebellion, in fifteen States of this Union, except in one or two places, that provision of the Constitution that Congress shall never make any law abridging freedom of speech or of the press was, when they related to the subject of slaver}^ entiri-ly nubitied. No one could speak or print anything against the impolicy or evil of it, or in favor O! its abolition, and in the other Stales and Territories it was seriously impaired by the same subject— the only one that ever did seriously affect it. How that it is gone, and the people whose rights it involved are having those rights restored to them, may we not reasonably hope that freedum of speech aad of the jiress may obtain to their pristine vigor iu all the United States of America, never again to be impaired. When the measures of the Government for the restoration of the seceding States to their proper relations in the Union are con- summated, the supremacy of the Constitu- tion will be maintained, and the Union preserved with all the dignity, equality, and rights of the several States unimpaired. 15 There will be representatives in Congress from every cue, and the State governments of each will alone afford protection to per- sons and property, and regulate in their own way their domestic affairs. "manhood suffrage" elsewhere. And in our example "of a government of the people and by the people" will be echoed back to Ireland through the ex- tension of the elective franchise to all classes ot Englishmen, rich and poor alike; her shout of "manhood suffrage" in her recent but vain attempt to throw off the yoke of the oppressor, and the land of Burke, who fought in America for that high boon to all, through it will be free. The right of searching merchant ships and vessels of neutrals in time of war, in denial of which we made the war of 1813, which ended in peace without its settle- ment, has been settled in the ons just closed, by Great Britain's t iking substan- tially the same ground that we then held, and still hold, in her denial of it in the Trent case. The reason for this change of ground was her impatience to see perish from the earth the only Government whose example, if a success, endangered the titles of English peers and princes to their right to govern, without its having been, in each individual case, confirmed by the people through the ballot-box. THE MONROE DOCTRINE. The practicability and effectiveness too of the Monroe doctrine, which was regarded by foreign powers as American electioneer- ing buncombe, has been firmly established by the result of the war, in Louis Napo- leon's withdrawal, at our behests, of his troops, and abandonment of his idea of em- pire on this continent, although it left the one on whose brow his hand had placed an Imperial crown to be captured, and not- withstanding our intercession, shot by the people whose rights he had usurped. OUR EUROPEAN NEIGHBORS. Russia, in a spirit, of amity, has relin- quished to us all her va;t possessions in America, and England is quiutly preparing for separation from the Canadas. Separa- tion is what their Confederation means. England, too, manifests a disposition to settle the claims for damages done our merchantmen by privateers fitted out in her ports in aid of the rebellion; but should she fail in properly adjusting them, it may become the duty of the people's represen- tatives to issue Iheii" writ in the form of a declaration of war for the seizure of her possessions in AmericJi in satisfaction of these claims, an^ tbereby facilitate the de- parture of the last foreign ppwer from this continent. WHITHER WE ARE TENDING. "We are coming into the realization, of a republican government, the grandeur and glory of which was in the contemplative minds of Jefferson and Madison, and had the same state of society existed at the end of their rebellion as existed at the end of ours, the inheiitance of it and its blessings from them would have been all that re- mained to us to do. But as it unfortu- nately was not the same, it has cost us more than half a million of lives of the flower of youth, intelligence, and energetic manhood, and a national debt and obliga- tions of nearly three thousand millions of dollars. To meet the accruing interest on this indebtedness, and the payment of pen- sions, and bounties, and the current ex- penses of the Government, whicb are large, requires millions of revenue, which is de- rived through taxes and tariffs. In view of these facts, is it not the part of wisdom and sound policy to aid in the settlement of the questions now in process of settlement, rather than put obstacles in the way? When this is done the military force in tho South can be with^lrawu, and employed in the protection of the great routes across the continent, and the settlement of our Indian troubles, and exploration of our yet unexplored mining regions, if their ser- vices should be required there, and if not, the army could be reduced to the standard necessary to these purposes. The Freed- mcn's Bureau would no Imuger be a drain U()on the national treasury; the civil rights bill would enforce itself. And Congress could give its uudivided attention to our financial policy, national economy, and development of our resources. Political economy would then become the study of our representatives to the pro- per discrimination of the articles to bo taxed, or on which duties are to be im- posed, tbat their burdens and benefits may be extended equally to all sections of the country, as well as to the best mode of their reduction. With a wise and economical administra- tion of public affiirs, and all the energies of this mighty people directed to the de- velopmeot, and making available of our unsurpassed mineral ami agricultural wealtb, may we not c^nfi leutly hope tho financial future of quv ccmntry will equal the desires of its most ardent friends ? OUR INFLUENCE UPON OTHER NATIONS. Our geograpbical position, the develop- ment ot our great military cdaracter and resources, and our leniency totue subdued, gipe us a power and ialliience among the nations none other ever hud. And, if we ure but true to the priuciples of our Christi- anity and republican goyernmen' — making honesty and virtue uucessiry p.iisports to private and public fetation, we may hope to see the "standard of our liepubiic sill high advanced, "and thea?gls ofourp!)vver spread over this contiiient protecting our sister re- publics— grown strong in virtueaud self-reli- LIBRftRY OF CONGRESS 16 anco. ill our example — from the influence and dangers of monarcbism. And if our experiment of manhood suf- frage to al), -witbout distinction of race, proves the success we believe it will, we 013 785 658 fl may hope to see engrafted upon : of the world, and the inalienable n.u^liTs de- clared by our fathers, in Iheir Declaration of Independence, enjoyed by all mankind Chronicle Print, "Washington, D.O 013 LIBRARY OF CONGRESS 013 785 658 A pennulfP^*