Page:Speeches, correspondence and political papers of Carl Schurz, Volume 1.djvu/467

Rh And what is the Democratic construction of the Constitution now? It is exactly the same in spirit, only different in terms: That the rebel States immediately after, and by the very fact of the defeat of the rebellion, became at once just as rightful and competent States in the Union again, as though they had never rebelled; that the Government of the Republic had, after the rebellion, no other authority over the rebel States, than to recognize them as reinstated in all their rights and powers as States of this nation. In other words, that the Government of this Republic had no right to provide for its future security by dictating terms of peace to a defeated aggressor. I need not go into a legal argument on this point. I will not quote decisions of the Supreme Court, nor attempt a new definition of the powers the Constitution confers upon Congress when it authorizes it to receive new States, and enjoins upon the United States to guarantee to the several States a republican form of government. The country has already been overwhelmed with legal ingenuity upon this subject. I will address myself simply to your common-sense.

What does it mean that rebel States, after and by the very fact of the defeat of the rebellion, were at once restored to all their rights, privileges and powers in the Union just as if they had never rebelled? Nobody will pretend that, while the rebel States were actually making war upon the Government of this Republic, they were then entitled to any Constitutional privileges and any exercise of Constitutional powers in that Government. But the Democrats do pretend that the rebels, as soon as they were coerced by force of arms to cease their resistance, lapsed, by the very fact of their defeat, again into these Constitutional privileges and powers. Thus rights forfeited by successful resistance were regained by defeat. In other words, you, brave soldiers of the Union, thought