entitled to be represented. Then each house
must judge whether the members presenting themselves from a recognized
State possesses the requisite qualifications of age, residence, and
citizenship, and whether the election and returns are according to
law. The houses separately can judge of nothing else.
"It is obvious from all this, that the first duty of Congress is to
pass a law declaring the condition of these outside or defunct States,
and providing proper civil government for them. Since the conquest,
they have been governed by martial law. Military rule is necessarily
despotic, and ought not to exist longer than is absolutely necessary.
As there are no symptoms that the people of these provinces will be
prepared to participate in constitutional government for some years, I
know of no arrangement so proper for them as territorial government.
There they can learn the principles of freedom and eat the fruit of
foul rebellion. Under such governments, while electing members to the
territorial legislatures, they will necessarily mingle with those to
whom Congress shall extend the right of suffrage. In territories
Congress fixes the qualifications of electors, and I know of no better
place nor better occasion for the conquered rebels and the conqueror
to practice justice to all men and accustom themselves to make and
obey equal laws."
Mr. Stevens proceeded to specify amendments to the Constitution which
should be made before the late rebel States "would be capable of
acting in the Union." The first of those amendments would be to change
the basis of representation among the States from federal numbers to
actual voters. After explaining the operation of this amendment, he
depicted the consequences of reaedmitting the Southern States without
this guarantee. "With the basis unchanged," said he, "the eighty-three
Southern members, with the Democrats that will in the best of times be
elected from the North, will always give them the majority in Congress
and in the Electoral College. They will, at the very first election,
take possession of the White House and the halls of Congress. I need
not depict the ruin that would follow. Assumption of the rebel debt or
repudiation of the Federal debt would be sure to follow; the
oppression of the freedmen, the reaemendment of their State
constitutions, and the reestablishment of slavery would be the
inevitable result."
Mr. Stevens thus set forth the importance of a proposed amendme
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