166 



CONGRESS, UNITED STATES. 



Under this article of the Constitution it rests with 

 Congress to decide what government is the estab- 

 lished one in a State : for. as the United States guar- 

 antee to each State a republican form of government, 

 Congress must necessarily decide what government 

 is established in a State before it can determine 

 whether it is republican or not. * 

 And its decision is binding on every other Depart- 

 ment of the Government, and could not be questioned 

 in a judicial tribunal.." Luther vs. JSorden, 7 Howard, 

 p. 142. 



" Can any thing be clearer than that the whole 

 subject of observation, of inquiry, of judgment, 

 is open to the United States, which means, for 

 purposes of political action, Congress and the 

 President cooperating ; and upon such inspec- 

 tion, observation, and judgment to decide, 

 first, whether there is any government. If 

 they find that there is a government, then 

 next to inquire whether it is republican or 

 not, and if Congress finds either that there is 

 no government or that the government is not 

 republican, it is a duty to provide ways and 

 means for the establishment of a republican 

 government. Otherwise, in the only cases 

 where the provision would be of any service, 

 it would be utterly ineffectual and worthless 

 to the country." 



Mr. Butler, of Massachusetts, said: "I have 

 no difficulty with the great question which has 

 been argued here as to the constitutionality of 

 our acts in this regard. There are at least 

 three several provisions of the Constitution of 

 the United States under which all we have 

 done may be well maintained. 



" But if I had ever had any such difficulty, 

 the time for stating it has long since passed. 

 I understand that the constitutional objection 

 urged upon the other side is that this bill tends 

 to take away from the President of the United 

 States his power as Commander-in-Chief of 

 the Army of the United States. I find by ref- 

 erence to the law that when the grade of Gen- 

 eral was revived he was authorized to command 

 only during the pleasure of the President of 

 the United States. I have before me the law 

 establishing the grade of General. It provides 

 for the appointment of 'a person of courage, 

 skill, and ability, who, being commissioned as 

 General, may be authorized, under the direc- 

 tion and during the pleasure of the President, 

 to command the armies of the United States.' 

 This is the only authority for having any Gen- 

 eral at all. 



"But in March, 1867, tacked on to the ap- 

 propriation bill there is a provision 



That the headquarters of the General of the Army 

 shall be at the city of Washington ; and all orders and 

 instructions relating to military operations issued by 

 the President and Secretary of War shall be issued 

 through the General of the Army, and, in case of his 

 disability, through the next in rank. The General of 

 the Army shall not be removed, suspended, or re- 

 lieved from command, or assigned to duty elsewhere 

 than at his headquarters, unless at his own request, 

 without the previous approval of the Senate; and 

 any orders or instructions relating to military oper- 

 ations issued contrary to the requirements of this 

 section shall be null and void. 



"And I find this legislation printed as having 

 been approved by the President of the United 

 States ; therefore, if I had any doubts before, 

 they would be resolved now. Certainly no 

 man has hitherto attempted to interfere with 

 the action of this provision of law. 



"While I say it is quite competent for Con- 

 gress to put all this matter of reconstruction in 

 the hands of the General of the Army, and I 

 trust it will be so put, at least so much of super- 

 vision over it as will require unity of action by 

 the commanders of the several districts, still, 

 in my judgment, the details of the bill require 

 some revision, in order that a system and offi- 

 cers of civil governments in the rebellious States 

 may be set up and appointed at once, which 

 shall afford to loyal men and the friends of the 

 Government security for life, liberty of action, 

 and exemption from outrage, until these States 

 shall be again represented in the Congress of 

 the United States." 



The following amendments, reported by the 

 committee, were agreed to : 



Amend section two by inserting before the words 

 " to remove " the words " is authorized," and insert- 

 ing after the words " to remove " the words " at his 

 discretion ; " so that portion of the section will read : 



The General of the Army of the United States is 

 hereby authorized and required to enjoin, by special 

 orderSj upon all officers in command within the sev- 

 eral military departments within said several States, 

 the performance of all acts authorized by said sev- 

 eral laws above recited, and is authorized to remove, 

 at his discretion, by his order, from command, any or 

 all of said commanders and detail other officers of 

 the United States Army, etc. 



Also to insert after the words " of the acts afore- 

 said" in section five the words "or any refusal or 

 wilful neglect of any person to issue any order or do 

 any act required by this act, or either of the acts _ to 

 which this act is additional and supplementary, with 

 intent to defeat or delay the due execution of this 

 act, or either of the acts to which this is supplement- 

 ary ; " so that the section will read : 



SEO. 5. And be it further enacted, That any inter- 

 ference by any person, with intent to prevent by 

 force the execution of the orders of the General of 

 the Army made in pursuance of this act and of the 

 acts aforesaid, or any refusal or wilful neglect of any 

 person to issue any order or do any act required by 

 this act, or either of the acts to which this act is 

 additional and supplementary, with intent to defeat 

 or delay the due execution of this act or either of the 

 acts to which this is supplementary, shall be held to 

 be a high misdemeanor, and the party guilty thereof 

 shall, upon conviction, be fined not exceeding $5,000, 

 and imprisoned not exceeding two years. 



Mr. Butler said: "I move to amend the first 

 section of the bill by striking out all after the 

 enacting clause, and inserting in lieu thereof 

 as follows : 



That in Virginia, North Carolina, South Carolina, 

 Georgia, Alabama, Mississippi, Louisiana, Texas, 

 Florida, and Arkansas there are no civil State gov- 

 ernments republican in form, and that the so-called 

 civil governments in said States, respectively, shall 

 not be recognized as valid or legal State govern- 

 ments either by the executive or judicial power or 

 authority of the United States. In order to supply 

 the place of such governments so declared illegaL 

 the several constitutional conventions of each of 

 said States, as soon as such conventions, respectively, 

 shall have submitted to the people a constitution or 



