140 



CONGRESS, UNITED STATES. 



bill, for, if we accept this doctrine, then the 

 fifteenth just as well as the fourteenth amend- 

 ment will have to be ratified again by the Le- 

 gislature of Georgia after Georgia is admitted 

 as a State ; for such acts, being of that class 

 which can only be legally performed by State 

 Legislatures, must necessarily fall to the ground 

 as soon as we assume that the bodies which 

 did ratify them were not State Legislatures. 



"It seems to me that no case in the world 

 can be clearer. This Legislature exists as a 

 State Legislature by virtue of the State consti- 

 tution of Georgia. That State constitution of 

 Georgia knows no other but biennial Legisla- 

 tures. This Legislature commenced in 1868, 

 and it must, therefore, according to the con- 

 stitution, end in 1870. If this Legislature 

 does not exist by virtue of the State constitu- 

 tion, then it had no constitutional authority 

 whatever to ratify constitutional amendments. 

 These acts are validated by the act of admis- 

 sion ; and, if we recognize their validity, we 

 must necessarily recognize the legality of the 

 body which performed the acts at the time 

 when it performed them. 



" From whatever point of the compass I may 

 look at this question, I can come to no other 

 conclusion but that the continuation of the 

 Legislature by its own act, the continuation of 

 its authority beyond its term of two years, in 

 violation of the fundamental law of the State 

 of Georgia, would be an act of gross, palpable, 

 and flagrant usurpation." 



Mr. Thurman, of Ohio, said : " Senators, it 

 is of no use to mince this matter. This is 

 simply an attempt at usurpation in Georgia, as 

 plain and flagrant an attempt at usurpation as 

 ever marked the course of any men in this 

 world who were seeking power by illegitimate 

 means ; and if you adjourn without passing 

 this bill substantially in the form it is, so far 

 as this Bingham amendment is concerned, 

 if you leave them room and verge enough in 

 any way whatsoever to accomplish their pur- 

 pose, relying upon being supported in their 

 bad acts, relying upon the influence they can 

 bring to bear by these manufactured stories of 

 violence, by these stereotyped falsehoods upon 

 their own people, by this very incarnation of 

 the spirit of lies, they will come here at the 

 next session of Congress and ask you to sanc- 

 tion their usurpation, or, if not that, to ask 

 you, ' Pray what can you do about it ? ' 



"Take one course or the other, Senators. 

 Stand by this constitution according to its true 

 meaning ; stand by it according to that inter- 

 pretation which makes it consistent with the 

 Constitution of the United States ; and if yon 

 stand by it in that way let your will be made 

 known, and let it be made known in such a 

 manner that it can become effective. If you 

 are not prepared to do that, if you are prepared 

 to see constitution, and law, and republican 

 government, and republican ideas, and repub- 

 lican principles, trampled under foot by a set 

 of adventurers usurping power in one of the 



States of this Union ; if that is the sanction 

 you wish to give, then, for God's sake, be bold 

 about it and say so in plain and unequivocal 

 words. Do not mince the matter; do not 

 dodge the matter ; do not deal in equivocations 

 or dubious words. Speak truth or speak false- 

 hood." 



Mr. Summer, of Massachusetts, said: "The 

 Bingham amendment is in few words, but 

 they are words of despair to the loyal men of 

 Georgia, and words of cheer to the disloyal. 

 I have listened to the arguments in its favor. 

 Do I mistake, when I say that they all resolve 

 themselves into technicality ? At one moment 

 we have allegations of 'irregularity,' and at 

 another of ' estoppel,' and such technicalities 

 play their part, while the good people of Geor- 

 gia are sacrificed. We are estopped, so it is 

 said, by the act of December 22, 1869, which, 

 failing to provide for the reperformance of cer- 

 tain conditions precedent, recognized the valid- 

 ity of the legislative acts by which they had 

 been performed. Very well. Suppose the le- 

 gislative acts are recognized as valid, what 

 then ? Because the ratification of the consti- 

 tutional amendments is recognized, does it 

 follow that Congress is thereby ' estopped ' 

 such is the word in completing the work of 

 reconstruction ? I cannot comprehend this 

 reasoning. It would be of value in a county 

 court, but it is out of place in the Senate of 

 the United States, on a question of reconstruc- 

 tion. To my mind, all this is a matter of 

 supreme indifference. The powers of Con- 

 gress are above any such incident, and nothing 

 has occurred to impair them in any way 

 They exist now as at the beginning, awaiting 

 the discretion of Congress. 



" Do you ask where these powers are found ? 

 Of course in the two constitutional amend- 

 ments already proclaimed, being ample sources 

 if none others existed. Out of these Congress 

 is authorized to do all that is needed to enforce 

 emancipation and to protect the rights of the 

 citizen. This is plain very plain. 



"But there are three other sources, each of 

 which is overflowing. The first is from the 

 necessity of the case, ex necessitate rei. This 

 is the very ground on which Chief-Justice Mar- 

 shall asserted the power of Congress over the 

 Territories ; but it is equally applicable in the 

 work -of reconstruction. From the necessity 

 of the case this power must be in Congress, 

 as without it reconstruction could not be com- 

 pleted. You must renounce reconstruction or 

 recognize this power. 



"Then comes the 'guarantee ' clause, which 

 is another bountiful, all-sufficient fountain. 

 The United States are to guarantee a repub- 

 lican form of government to the States. But 

 this guarantee can be executed only through 

 Congress. This clause is at once old and new. 

 It is old as the Constitution itself, but it is new 

 in its practical exercise. And the reason is 

 obvious. So long as slavery prevailed, this 

 mighty power slept ; but it Avas the sleep of a 



