History of the Thirty-Ninth Congress of the United StatesBarnes, William Horatio
History
History of the Thirty-Ninth Congress of the United States
Barnes, William Horatio
United States -- Politics and government -- 1865-1869; United States. Congress (39th : 1865-1867)
"And yet this is what some gentlemen would have this nation do with
the worse than robbers who have assailed its life. They propose, the
rebel armies being overcome, that the rebels themselves shall be
instantly clothed with all the authority they possessed before the
conflict, and that the inhabitants of States who for more than four
years have carried on an organized war against the Government shall at
once be invested with all the powers they had at its commencement to
organize and begin it anew; nay, more, they insist that, without any
action of the Government, it is the right of the inhabitants of the
rebellious States, on laying down their arms, to resume their former
positions in the Union, with all the rights they possessed when they
began the war. If such are the consequences of this struggle, it is
the first conflict in the history of the world, between either
individuals or nations, from which such results have followed. What
man, after being despoiled of much of his substance, his children
slain, his own life periled, and his body bleeding from many wounds,
ever restored the authors of such calamities, when within his power,
to the rights they possessed before the conflict without taking some
security for the future.
"Sir, the war powers of the Government do not cease with the
dispersion of the rebel armies; they are to be continued and exercised
until the civil authority of the Government can be established firmly
and upon a sure foundation, not again to be disturbed or interfered
with. And such, sir, is the understanding of the Government. None of
the departments of the Government understand that its military
authority has ceased to operate over the rebellious States. It is but
a short time since the President of the United States issued a
proclamation restoring the privilege of the writ of _habeas corpus_ in
the loyal States; but did he restore it in the rebellious States?
Certainly not. What authority has he to suspend the privilege of that
writ anywhere, except in pursuance of the constitutional provision
allowing the writ to be suspended 'when in cases of rebellion or
invasion the public safety may require it?' Then the President
understands that the public safety in the insurrectionary States still
requires its suspension.
Public-domain text, read in full here on John Shaqi.
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