Charles Sumner: his complete works, volume 18 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 18 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is not now proposed to remand Georgia to a territorial condition,
or to subject the State to a military government. But it is proposed
to place it in charge of the existing provisional government, which is
to continue for a full constitutional term; and this is done as the
best way of guarding against disturbing forces from the late Rebellion.
It is said that this will be sufficient. I hope that it may be. I
am satisfied that it is the least Congress can do in the exigency.
Anything short of this will be the betrayal of those who have a right
to our protection.
Against this simple and moderate proposition is interposed the Bingham
Amendment, which, however plausible in form, is destructive in
consequence. It is enough that it hands over the State to misrule and
violence. Senators, how can you do this thing? How can you hesitate to
take every heed and precaution against even the possibility of such
an occurrence? You have the power. Then must you exercise it. In the
recent history of Georgia nothing can be adduced to make you hesitate.
On the contrary, all things, when properly understood, conspire to
constrain the exercise of this power.
How feeble is the argument, that, _because_ Governor Bullock was
chosen Governor and the Legislature commenced its session at a
given date now past, therefore in this process of Reconstruction
the constitutional term of the Governor and of the Legislature must
be limited to two years from that date! Besides ignoring all the
controlling powers of Congress, this assumption ignores also the
conduct of this very Legislature by which its organization was for a
while defeated. Nothing is clearer than that the termination of the
provisional government in Georgia was contingent on the performance
of certain covenants, express and implied. These covenants have been
outrageously violated. The very form of government underwent a change
when persons clearly ineligible from disloyalty were allowed to take
part in it, while citizens entitled to equal rights, and especially
protected by the Reconstruction Laws, were tyrannically ejected from
the Legislature. There was for the time being a usurpation. Had this
violation of underlying covenants been anticipated, Reconstruction
would have been postponed. No Senator will pretend the contrary.
But Congress, in view of what has occurred, may justly do what it
would have done, had it anticipated the result. It may postpone
Reconstruction,--treating the Legislature meanwhile as provisional, and
recognizing its acts only so far as in the judgment of Congress they
are fit to be recognized.
If instruction be needed on this point, it will be found in the
authoritative words of publicists, showing how even the terms of a
treaty may be disregarded where there has been a change in the form of
government.
Thus, Vattel does not hesitate to say,--
Public-domain text, read in full here on John Shaqi.
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