I do not rise, sir, with a view of discussing the bill under
consideration: it is one relating to questions of a very grave
character, and ought not to pass without due consideration. The
Senator from Massachusetts tells us that it has been submitted
to distinguished lawyers, and they all conceded its propriety,
and nobody disputes the power of Congress to pass it. Doubtless
that was their opinion and is the opinion of the Senator from
Massachusetts. Perhaps it would be my opinion upon
investigation. I will not undertake to say, at this time, what
the powers of the Congress of the United States may be over the
people in the lately rebellious states.
There was a time between the suppression of the rebellion and
the institution of any kind of government in those states when
it was absolutely necessary that some power or other to prevent
anarchy should have control. The Senator from Delaware, and I
believe the Senator from Maryland, said the rebellion was over,
but at the time that the rebellion ceased there was no
organized government whatever in most of the rebel states; and
was the Government of the United States to withdraw its forces
and leave the people in a state of anarchy for the time being?
Surely not. As a consequence of the rebellion and of the
authority clearly vested in the Government of the United States
to put down the rebellion, in my judgment the Government had
the right, in the absence of any local governments, to control
and govern the people till state organizations could be set up
by the people which should be recognized by the Federal
Government as loyal and true to the Constitution. It must be
so. It is a necessity of the condition of things.
But, sir, I do not propose at this time to discuss this bill.
It is one, I think, of too much importance to be passed without
a reference to some committee. The bill does not go far enough,
if what we have been told to-day in regard to the treatment of
freedmen in the Southern States is true. The bill, perhaps,
also may be premature in the sense stated by the Senator from
Ohio. We have not yet the official information of the adoption
of the constitutional amendment. That that amendment will be
adopted, there is very little question; until it is adopted
there may be some question (I do not say how the right is) as
to the authority of Congress to pass such a bill as this, but
after the adoption of the constitutional amendment there can be
none.
Public-domain text, read in full here on John Shaqi.
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