324 



CONGRESS, U. S. 



ed on the other, as I understand the argu- 

 ment. What else do we want ? What but the 

 most carping, captious, and cavilling disposition 

 could ask more? The Constitution provides 

 that ' the times, places, and manner for holding 

 elections for senators and representatives shall 

 be prescribed in each State by the Legislature 

 thereof.' That has all been done by the Legis- 

 lature of Louisiana. I understand that all those 

 forms have been observed." 



Mr. Eliot, of Massachusetts, expressed his 

 views of the question as follows: "I have 

 read with a great deal of attention and care 

 the report of the Committee of Elections, 

 which my colleague has presented to the House. 

 But I fail to see how they have removed the 

 doubts as to the power of Gov. Shepley to act 

 in issuing his writs of election. They say truly 

 that the powers of a military governor have 

 their origin in and are limited by necessity. 

 They say truly that his powers are, to some 

 extent, civil as well as military. And I admit 

 cheerfully the authority of the case cited by 

 them, as reported in 16 Howard's Reports. 

 But suppose Gen. Halleck had issued a writ of 

 election for a member of Congress. There is 

 nothing in the reasoning of the court in the 

 case of Cross vs. Harrison which would have 

 sustained that action. 



" Mr. Speaker, the situation of these rebel 

 States is wholly anomalous. At this time we 

 are waging war against them. The power of 

 the Government is exerted to subdue rebellion 

 within their borders. If in any State the re- 

 bellion shall be subdued and the loyal men 

 shall reorganize their State and elect their 

 governor, who shall enforce the laws, and the 

 people shall then act under the laws, and shall 

 return to this House their representatives, they 

 will be cheerfully and gladly received ; or if 

 Congress shall pass fit enactments under which 

 elections shall be held, we may safely act. But 

 at this moment the State of Louisiana is a State 

 in rebellion against the Government. That re- 

 bellion must be subdued and a loyal State cre- 

 ated. How this shall be done we know. It 

 can be effected but in one way. Our arms 

 must conquer a peace, and the loyal men, pro- 

 tected by the Government and aided by its 

 legislation, must reform their State, and take 

 then- place again as our friends and compan- 

 ions and brethren. So shall the Constitution 

 be upheld and tranquillity be restored." 



Mr. Noell, of Missouri, was in favor of the 

 resolutions for these reasons : " Mr. Speaker, I 

 have remarked that the military governor ap- 

 pointed for the State of Louisiana was not sent 

 there for military purposes, but to exercise cer- 

 tain civil powers necessary for the protection 

 of the people. The civil authorities there, hav- 

 ing abdicated, became a treasonable body, and 

 omitting to perform their functions, it was ne- 

 cessary that the United States should substi- 

 tute some authority there for the purpose of 

 supplying the performance of those functions 

 absolutely necessary for the people. 



" Now, sir, it has been admitted on all sides 

 of the House that a military governor can ap- 

 point civil officers. The functions of a gov- 

 ernor of a State are various. Some are of a 

 national and some are of a State character. 

 Thus the governor necessarily becomes mixed 

 up with national affairs. The duties which 

 the governor has in this instance exercised are 

 of that class. He is required by the laws of 

 the State of Louisiana to order elections in 

 cases where vacancies may occur. It was ne- 

 cessary for the people of Louisiana that this 

 should be done in order to keep up their inter- 

 course, under the Constitution of the United 

 States, with the Federal Government. The 

 Governor of Louisiana, before treason and se- 

 cession took place, was invested with authority 

 by the local law to order elections. Now, sir, 

 what have our armies been sent there for ? To 

 subjugate the rebels and to restore the Union ; 

 and for that purpose the military governor, ne- 

 cessarily appointed by the President, is clothed 

 with all the proper power. According to my 

 idea, the best means to bring the States in re- 

 bellion back into the Union will be to permit 

 the introduction of representatives from those 

 States into this House." 



Mr. Bingham, of Ohio, was of opinion that 

 the election was illegal. He thus stated his 

 views : " If the people of Louisiana had, under 

 an act of their own Legislature, and by duly 

 constituted officers of an existing State govern- 

 ment, organized under the Federal Constitution, 

 held this election, I could not doubt that such 

 election was the lawful act of the loyal people. 

 But, sir, there is no organized constitutional 

 State government in Louisiana, nor was this 

 election held under the law or by the officers 

 of such government of Louisiana, nor under a 

 law of Congress. I therefore repeat my prop- 

 osition : representatives can be elected to the 

 Federal Legislature only in pursuance of an act 

 of the State Legislature, or of an act of the 

 Federal Congress. I wish to inquire wher. 

 there has been any decision under the Govern- 

 ment of the United States, legislative or ex- 

 ecutive or judicial, to the contrary ? " 



Mr. Thomas, of Massachusetts, expressed his 

 views as follows: "I do not mean to say tlmj 

 this question is free from difficulty. It cer- 

 tainly is not. But it has been, I think, quiti) 

 too summarily disposed of by gentlemen op- 

 posed to the resolutions of the committee. It 

 seems to me, Mr. Speaker, that much, very 

 much of the difficulty we have in the discus- 

 sion of this and similar questions, results from 

 the attempt to apply to the condition of things 

 in which we are placed, principles and rules 

 from writers upon international law that really 

 throw no light upon and have no just appli- 

 cation to that condition, in many respects m 

 generis, and for our guide in which history 

 and public law furnish no precedents or eve a 

 strong analogies. No just or reasonable con- 

 clusion can be drawn from the powers of a 

 military governor, in a territory conquered 



