urrectionary states,
and they proceeded by an executive mandate to create governments.
They were provisional in their character, and dependent for their
validity solely upon the action of Congress. These are propositions
which it is not now necessary for me to demonstrate. These
governments have never been sanctioned by Congress, nor by the
people of the states where they exist. Taking that proclamation
and the acknowledged fact that the people of the southern states,
the loyal people, whites and blacks, are not protected in their
rights, but that an unusual and extraordinary number of cases occur
of violence, and murder, and wrong, I do think it is the duty of
the United States to protect these people in the enjoyment of
substantial rights.

"Now, the first four sections of this substitute contain nothing
but what is the present law. There is not a single thing in the
first four sections that does not now exist by law.

"The first section authorizes the division of the rebel states into
military districts. That is being done daily.

"The second section acknowledges that the President is the commanding
officer of the army, and it is made his duty to assign certain
officers to those districts. That is clearly admitted to be right.

"The third section does no more than what the Supreme Court in
their recent decision have decided could be done in a state in
insurrection. The Supreme Court in their recent decisions, while
denying that a military tribunal could be organized in Indiana
because it never had been in a state of insurrection, expressly
declared that these tribunals might have been, and might now be,
organized in insurrectionary states. There is nothing in this
third section, in my judgment, that is not now and has not been
done every month within the last twelve months by the President of
the United States. The orders of General Sickles, and many other
orders I might quote, have gone further in punishment of crime than
this section proposes.

"Now, in regard to the fourth section, that is a limitation upon
the present law. Under the present law many executions of military
tribunals are summarily carried out. This section requires all
sentences of military tribunals which affect the liberty of the
citizen to be sent to the commanding officer of the district. They
must be approved by the commanding officer of the district; and so
far as life is concerned the President may issue his order at any