On the occasion corresponding to this four years ago, all thoughts were

anxiously directed to an impending civil war. All dreaded it, all sought

to avoid it. While the inaugural address was being delivered from this

place, devoted altogether to saving the Union without war, insurgent

agents were in the city seeking to destroy it with war--seeking to

dissolve the Union and divide the effects by negotiation. Both parties

deprecated war, but one of them would make war rather than let the

nation survive, and the other would accept war rather than let it

perish, and the war came. One eighth of the whole population were

colored slaves, not distributed generally over the Union, but localized

in the Southern part of it. These slaves constituted a peculiar and

powerful interest. All knew that this interest was somehow the cause

of the war. To strengthen, perpetuate, and extend this interest was the

object for which the insurgents would rend the Union by war, while the

government claimed no right to do more than to restrict the territorial

enlargement of it.

Neither party expected for the war the magnitude or the duration which

it has already attained. Neither anticipated that the cause of the

conflict might cease when, or even before the conflict itself should

cease. Each looked for an easier triumph, and a result less fundamental

and astounding. Both read the same Bible and pray to the same God, and

each invokes His aid against the other. It may seem strange that any men

should dare to ask a just God's assistance in wringing their bread from

the sweat of other men's faces, but let us judge not, that we be not

judged. The prayer of both could not be answered. That of neither has

been answered fully. The Almighty has His own purposes. Woe unto the

world because of offences, for it must needs be that offences come, but

woe to that man by whom the offence cometh. If we shall suppose that

American slavery is one of those offences which, in the providence of

God, must needs come, but which having continued through His appointed

time, He now wills to remove, and that He gives to both North and South

this terrible war as the woe due to those by whom the offence came,

shall we discern there any departure from those Divine attributes which

the believers in a living God always ascribe to Him? Fondly do we hope,

fervently do we pray, that this mighty scourge of war may speedily pass

away. Yet if God wills that it continue until all the wealth piled by

the bondsman's two hundred and fifty years of unrequited toil shall be

sunk, and until every drop of blood drawn with the lash shall be paid by

another drawn with the sword, as was said three thousand years ago,

so still it must be said, that the judgments of the Lord are true and

righteous altogether.

With malice toward none, with charity for all, with firmness in the

right as God gives us to see the right, let us finish the work we are

in, to bind up the nation's wounds, to care for him who shall have

borne the battle, and for his widow and his orphans, to do all which may

achieve and cherish a just and a lasting peace among ourselves and with

all nations.

HENRY WINTER DAVIS,

OF MARYLAND. (BORN 1817, DIED 1865.)

ON RECONSTRUCTION; THE FIRST REPUBLICAN THEORY;

HOUSE OF REPRESENTATIVES, MARCH 22, 1864.

MR. SPEAKER:

The bill which I am directed by the committee on the rebellious States

to report is one which provides for the restoration of civil government

in States whose governments have been overthrown. It prescribes such

conditions as will secure not only civil government to the people of

the rebellious States, but will also secure to the people of the United

States permanent peace after the suppression of the rebellion. The bill

challenges the support of all who consider slavery the cause of the

rebellion, and that in it the embers of rebellion will always smoulder;

of those who think that freedom and permanent peace are inseparable, and

who are determined, so far as their constitutional authority will

allow them, to secure these fruits by adequate legislation. * * * It is

entitled to the support of all gentlemen upon this side of the House,

whatever their views may be of the nature of the rebellion, and the

relation in which it has placed the people and States in rebellion

toward the United States; not less of those who think that the rebellion

has placed the citizens of the rebel States beyond the protection of the

Constitution, and that Congress, therefore, has supreme power over them

as conquered enemies, than of that other class who think that they

have not ceased to be citizens and States of the United States, though

incapable of exercising political privileges under the Constitution, but

that Congress is charged with a high political power by the Constitution

to guarantee republican governments in the States, and that this is the

proper time and the proper mode of exercising it. It is also entitled

to the favorable consideration of gentlemen upon the other side of the

House who honestly and deliberately express their judgment that slavery

is dead. To them it puts the question whether it is not advisable to

bury it out of sight, that its ghost may no longer stalk abroad to

frighten us from our propriety. * * *

What is the nature of this case with which we have to deal, the evil

we must remedy, the danger we must avert? In other words, what is that

monster of political wrong which is called secession? It is not, Mr.

Speaker, domestic violence, within the meaning of that clause of the

Constitution, for the violence was the act of the people of those States

through their governments, and was the offspring of their free and

unforced will. It is not invasion, in the meaning of the Constitution,

for no State has been invaded against the will of the government of the

State by any power except the United States marching to overthrow the

usurpers of its territory. It is, therefore, the act of the people of

the States, carrying with it all the consequences of such an act.

And therefore it must be either a legal revolution, which makes them

independent, and makes of the United States a foreign country, or it is

a usurpation against the authority of the United States, the erection

of governments which do not recognize the Constitution of the United

States, which the Constitution does not recognize, and, therefore, not

republican governments of the States in rebellion. The latter is

the view which all parties take of it. I do not understand that any

gentleman on the other side of the House says that any rebel government

which does not recognize the Constitution of the United States, and

which is not recognized by Congress, is a State government within the

meaning of the Constitution. Still less can it be said that there is a

State government, republican or unrepublican, in the State of Tennessee,

where there is no government of any kind, no civil authority, no

organized form of administration except that represented by the flag of

the United States, obeying the will and under the orders of the military

officer in command. * * *

Those that are here represented are the only governments existing within

the limits of the United States. Those that are not here represented are

not governments of the States, republican under the Constitution. And

if they be not, then they are military usurpations, inaugurated as the

permanent governments of the States, contrary to the supreme law of the

land, arrayed in arms against the Government of the United States;

and it is the duty, the first and highest duty, of the government to

suppress and expel them. Congress must either expel or recognize and

support them. If it do not guarantee them, it is bound to expel them;

and they who are not ready to suppress are bound to recognize them.

We are now engaged in suppressing a military usurpation of the authority

of the State governments. When that shall have been accomplished, there

will be no form of State authority in existence which Congress can

recognize. Our success will be the overthrow of all sent balance of

government in the rebel States. The Government of the United States is

then in fact the only government existing in those States, and it is

there charged to guarantee them republican governments.

What jurisdiction does the duty of guaranteeing a republican government

confer under such circumstances upon Congress? What right does it give?

What laws may it pass? What objects may it accomplish? What conditions

may it insist upon, and what judgment may it exercise in determining

what it will do? The duty of guaranteeing carries with it the right

to pass all laws necessary and proper to guarantee. The duty of

guaranteeing means the duty to accomplish the result. It means that the

republican government shall exist. It means that every opposition to

republican government shall be put down. It means that every thing

inconsistent with the permanent continuance of republican government

shall be weeded out. It places in the hands of Congress to say what is

and what is not, with all the light of experience and all the lessons of

the past, inconsistent, in its judgment, with the permanent continuance

of republican government; and if, in its judgment, any form of policy

is radically and inherently inconsistent with the permanent and enduring

peace of the country, with the permanent supremacy of republican

government, and it have the manliness to say so, there is no power,

judicial or executive, in the United States that can even question

this judgment but the people; and they can do it only by sending

other Representatives here to undo our work. The very language of

the Constitution, and the necessary logic of the case, involve that

consequence. The denial of the right of secession means that all the

territory of the United States shall remain under the jurisdiction of

the Constitution. If there can be no State government which does not

recognize the Constitution, and which the authorities of the United

States do not recognize, then there are these alternatives, and these

only: the rebel States must be governed by Congress till they submit

and form a State government under the Constitution; or Congress must

recognize State governments which do not recognize either Congress

or the Constitution of the United States; or there must be an entire

absence of all government in the rebel States--and that is anarchy.

To recognize a government which does not recognize the Constitution is

absurd, for a government is not a constitution; and the recognition of

a State government means the acknowledgment of men as governors and

legislators and judges, actually invested with power to make laws, to

judge of crimes, to convict the citizens of other States, to demand the

surrender of fugitives from justice, to arm and command the militia, to

require the United States to repress all opposition to its authority,

and to protect it against invasion--against our own armies; whose

Senators and Representatives are entitled to seats in Congress, and

whose electoral votes must be counted in the election of the President

of a government which they disown and defy. To accept the alternative

of anarchy as the constitutional condition of a State is to assert the

failure of the Constitution and the end of republican government. Until,

therefore, Congress recognize a State government, organized under

its auspices, there is no government in the rebel States except the

authority of Congress. * * * When military opposition shall have been

suppressed, not merely paralyzed, driven into a corner, pushed back, but

gone, the horrid vision of civil war vanished from the South, then

call upon the people to reorganize in their own way, subject to the

conditions that we think essential to our permanent peace, and to

prevent the revival hereafter of the rebellion--a republican government

in the form that the people of the United States can agree to.

Now, for that purpose there are three modes indicated. One is to remove

the cause of the war by an alteration of the Constitution of the United

States, prohibiting slavery everywhere within its limits. That, sir,

goes to the root of the matter, and should consecrate the nation's

triumph. But there are thirty-four States; three fourths of them would

be twenty-six. I believe there are twenty-five States represented in

this Congress; so that we on that basis can-not change the Constitution.

It is, therefore,a condition precedent in that view of the case that

more States shall have governments organized within them. If it be

assumed that the basis of calculation shall be three fourths of the

States now represented in Congress, I agree to that construction of the

Constitution. * * *

But, under any circumstances, even upon that basis it will be difficult

to find three fourths of the States, with New Jersey, or Kentucky, or

Maryland, or Delaware, or other States that might be mentioned,

opposed to it, under existing auspices, to adopt such a clause of the

Constitution after we shall have agreed to it. If adopted it still

leaves all laws necessary to the ascertainment of the will of the

people, and all restrictions on the return to power of the leaders of

the rebellion, wholly unprovided for. The amendment of the Constitution

meets my hearty approval, but it is not a remedy for the evils we must

deal with.

The next plan is that inaugurated by the President of the United States,

in the proclamation of the 8th December (1863), called the amnesty

proclamation. That proposes no guardianship of the United States over

the reorganization of the governments, no law to prescribe who shall

vote, no civil functionaries to see that the law is faithfully executed,

no supervising authority to control and judge of the election. But if

in any manner by the toleration of martial law, lately proclaimed the

fundamental law, under the dictation of any military authority, or

under the prescription of a provost marshal, something in the form of a

government shall be presented, represented to rest on the votes of one

tenth of the population, the President will recognize that, provided

it does not contravene the proclamation of freedom and the laws of

Congress; and to secure that an oath is exacted. There is no guaranty

of law to watch over the organization of that government. It may be

recognized by the military power, and not recognized by the civil

power, so that it would have a doubtful existence, half civil and half

military, neither a temporary government by law of Congress nor a

State government, something as unknown to the Constitution as the rebel

government that refuses to recognize it. The only prescription is that

it shall not contravene the provisions of the proclamation. Sir, if that

proclamation be valid, then we are relieved from all trouble on that

score. But if that proclamation be not valid, then the oath to support

it is without legal sanction, for the President can ask no man to

bind himself by an oath to support an unfounded proclamation or an

unconstitutional law even for a moment, still less after it shall have

been declared void by the Supreme Court of the United States. * * *

By the bill we propose to preclude the judicial question by the solution

of a political question. How so? By the paramount power of Congress to

reorganize governments in those States, to impose such conditions as it

thinks necessary to secure the permanence of republican government, to

refuse to recognize any governments there which do not prohibit slavery

forever. Ay, gentlemen, take the responsibility to say in the face of

those who clamor for the speedy recognition of governments tolerating

slavery, that the safety of the people of the United States is the

supreme law; that their will is the supreme rule of law, and that we

are authorized to pronounce their will on this subject. Take the

responsibility to say that we will revise the judgments of our

ancestors; that we have experience written in blood which they had

not; that we find now what they darkly doubted, that slavery is really,

radically inconsistent with the permanence of republican governments;

and that being charged by the supreme law of the land on our conscience

and judgment to guarantee, that is to continue, maintain and enforce,

if it exist, to institute and restore, when overthrown, republican

government throughout the broad limits of the republic, we will weed

out every element of their policy which we think incompatible with its

permanence and endurance. The purpose of the bill is to preclude

the judicial question of the validity and effect of the President's

proclamation by the decision of the political authority in reorganizing

the State governments. It makes the rule of decision the provisions

of the State constitution, which, when recognized by Congress, can be

questioned in no court; and it adds to the authority of the proclamation

the sanction of Congress. If gentlemen say that the Constitution does

not bear that construction, we will go before the people of the United

States on that question, and by their judgment we will abide.

GEORGE H. PENDLETON,

OF OHIO. (BORN 1825, DIED 1889.)

ON RECONSTRUCTION; THE DEMOCRATIC THEORY;

HOUSE OF REPRESENTATIVES, MAY 4, 1864.

The gentleman [Mr. H. W. Davis] maintains two propositions, which lie

at the very basis of his views on this subject. He has explained them to

the House, and enforced them on other occasions. He maintains that, by

reason of their secession, the seceded States and their citizens "have

not ceased to be citizens and States of the United States, though

incapable of exercising political privileges under the Constitution, but

that Congress is charged with a high political power by the Constitution

to guarantee republican government in the States, and that this is

the proper time and the proper mode of exercising it." This act of

revolution on the part of the seceding States has evoked the most

extraordinary theories upon the relations of the States to the Federal

Government. This theory of the gentleman is one of them.

The ratification of the Constitution by Virginia established the

relation between herself and the Federal Government; it created the

link between her and all the States; it announced her assumption of

the duties, her title to the rights, of the confederating States; it

proclaimed her interest in, her power over, her obedience to, the

common agent of all the States. If Virginia had never ordained that

ratification, she would have been an independent State; the Constitution

would have been as perfect and the union between the ratifying States

would have been as complete as they now are. Virginia repeals that

ordinance, annuls that bond of union, breaks that link of confederation.

She repeals but a single law, repeals it by the action of a sovereign

convention, leaves her constitution, her laws, her political and social

polity untouched. And the gentleman from Maryland tells us that the

effect of this repeal is not to destroy the vigor of that law, but to

subvert the State government, and to render the citizens "incapable of

exercising political privileges"; that the Union remains, but that one

party to it has thereby lost its corporate existence, and the other has

advanced to the control and government of it.

Sir, this cannot be. Gentlemen must not palter in a double sense. These

acts of secession are either valid or invalid. If they are valid, they

separated the State from the Union. If they are invalid, they are void;

they have no effect; the State officers who act upon them are rebels

to the Federal Government; the States are not destroyed; their

constitutions are not abrogated; their officers are committing illegal

acts, for which they are liable to punishment; the States have never

left the Union, but, as soon as their officers shall perform their

duties or other officers shall assume their places, will again perform

the duties imposed, and enjoy the privileges conferred, by the

Federal compact, and this not by virtue of a new ratification of the

Constitution, nor a new admission by the Federal Government, but by

virtue of the original ratification, and the constant, uninterrupted

maintenance of position in the Federal Union since that date.

Acts of secession are not invalid to destroy the Union, and valid to

destroy the State governments and the political privileges of their

citizens. We have heard much of the twofold relations which citizens of

the seceded States may hold to the Federal Government--that they may be

at once belligerents and rebellious citizens. I believe there are some

judicial decisions to that effect. Sir, it is impossible. The Federal

Government may possibly have the right to elect in which relation

it will deal with them; it cannot deal at one and the same time in

inconsistent relations. Belligerents, being captured, are entitled to

be treated as prisoners of war; rebellious citizens are liable to be

hanged. The private property of belligerents, according to the rules

of modern war, shall not be taken without compensation; the property

of rebellious citizens is liable to confiscation. Belligerents are

not amenable to the local criminal law, nor to the jurisdiction of the

courts which administer it; rebellious citizens are, and the officers

are bound to enforce the law and exact the penalty of its infraction.

The seceded States are either in the Union or out of it. If in the

Union, their constitutions are untouched, their State governments are

maintained, their citizens are entitled to all political rights, except

so far as they may be deprived of them by the criminal law which they

have infracted.

This seems incomprehensible to the gentleman from Maryland. In his view,

the whole State government centres in the men who administer it, so

that, when they administer it unwisely, or put it in antagonism to

the Federal Government, the State government is dissolved, the State

constitution is abrogated, and the State is left, in fact and in form,

_de jure_ and _de facto_, in anarchy, except so far as the Federal

Government may rightfully intervene. * * * I submit that these gentlemen

do not see with their usual clearness of vision. If, by a plague or

other visitation of God, every officer of a State government should at

the same moment die, so that not a single person clothed with official

power should remain, would the State government be destroyed? Not

at all. For the moment it would not be administered; but as soon as

officers were elected, and assumed their respective duties, it would be

instantly in full force and vigor.

If these States are out of the Union, their State governments are still

in force, unless otherwise changed; their citizens are to the Federal

Government as foreigners, and it has in relation to them the same

rights, and none other, as it had in relation to British subjects in

the war of 1812, or to the Mexicans in 1846. Whatever may be the true

relation of the seceding States, the Federal Government derives no

power in relation to them or their citizens from the provision of the

Constitution now under consideration, but, in the one case, derives all

its power from the duty of enforcing the "supreme law of the land," and

in the other, from the power "to declare war."

The second proposition of the gentleman from Maryland is this--I use

his language: "That clause vests in the Congress of the United States

a plenary, supreme, unlimited political jurisdiction, paramount over

courts, subject only to the judgment of the people of the United States,

embracing within its scope every legislative measure necessary and

proper to make it effectual; and what is necessary and proper the

Constitution refers in the first place to our judgment, subject to no

revision but that of the people."

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