142 



CONGRESS, UNITED STATES. 



to be recognized or superseded, in its discretion, 

 is preposterous. The power is reserved in 

 terms almost excessive in fulness. Therefore 

 do I say, there can be no question of power 

 on the present occasion. As well question 

 that the sun shines or that the river flows. 



"There being no question of power, there 

 arises, then, the obligation of duty. Congress 

 has the power to protect republican institu- 

 tions in Georgia, and to protect the good peo- 

 ple there, and it has the further power to 

 superintend the work of reconstruction to the 

 end. All this it must do. It cannot abandon 

 the appointed work. Of course, it will ascer- 

 tain the exact condition of things, and will 

 then apply the remedy. No excuse of State 

 rights, no fine-spun -technicality, no plea of 

 irregularity, no argument of ' estoppel,' can be 

 heard. All these are trivial and unworthy 

 against the commanding duty. Georgia must 

 be saved to herself and to the Union, and Con- 

 gress must supply the means. 



" Several courses are open to Congress, and 

 all equally within its powers ; for all are de- 

 rived from the same fountains. 



"1. Georgia may be remanded for an in- 

 definite period to a condition like that of the 

 Territories, subordinate in all respects to the 

 jurisdiction of Congress, which may mean- 

 while mould it into loyalty and order. 



"2. Or the State may be subjected to a 

 military government until such time as it is fit 

 in every respect for self-government. 



" 3. Or the existing provisional government 

 may be invested with the powers of the 

 State, in such form and way and for such 

 term as Congress in its discretion shall think 

 best. 



" I doubt not that there are other modes 

 within the jurisdiction of Congress ; but these 

 are all contained substantially in the three I 

 have named. 



" 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 con- 

 stitutional 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 satis- 

 fied that it is the least Congress "can do in the 

 exigency. Any thing short of this will be the 

 betrayal of those who have a right to our pro- 

 tection. 



"Against this simple and moderate proposi- 

 tion is interposed the Bingham amendment, 

 which, however plausible in form, is destruc- 

 tive in consequence. It is enough that it hands 

 over the State to misrule and violence. Sen- 

 ators, how can you do this thing? How can 

 you hesitate to take every heed and precaution 

 against even the possibility of such an occur- 

 rence ? 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 un- 

 derstood, 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 passed, therefore, in this process of 

 reconstruction, the constitutional term of the 

 Governor and of the Legislature must be lim- 

 ited to two years from that date. Besides ig- 

 noring 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 out- 

 rageously violated. The very form of govern- 

 ment 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 Le- 

 gislature. 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 rec- 

 ognizing its acts only so far as in the judg- 

 ment of Congress they are fit to be recog- 

 nized. 



"Am I not right when I insist that Con- 

 gress is a High Court of Equity, with Georgia 

 at its bar? It only remains that it should 

 apply the principles of equity, especially sup- 

 plying deficiencies in the existing law, enjoin- 

 ing against threatened wrong, and seeing that 

 justice is done all technicalities to the con- 

 trary notwithstanding. Against all strictness 

 of law conscience must prevail, and, if there 

 are niceties and subtilties in the law, they 

 must all minister to the completion of recon- 

 struction. To this end, the process of Congress 

 must go forth in such form as will best estab- 

 lish peace and security in that State under the 

 safeguard of equal laws. With the execution 

 of this process Georgia will be a republican 

 government in reality as in name." 



Mr. Carpenter, of "Wisconsin, said : " Why, 

 sir, what is the meaning of all this wild talk 

 about the Constitution being construed in the 

 light of modern progress and new American 

 ideas ? What do Senators mean by it ? There 

 is nothing quite so easy as generality of ex- 

 pression. There is nothing quite so unprofitable 

 in the management of practical affairs as mere 

 oracular declarations. Much that the Senator 

 has uttered everybody concedes. When he 

 leaves the field of constitutional discussion en- 

 tirely, and goes into a very learned discussion 

 of the technical rules which regulate the ju- 



