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these misgnided people, but only by way of cau ment to the Constitution, to be accepted by the When once admitted, deny that you ever tried tion and warning to ourselves. I come to the rebel States as a condition-precedent to their to break up the Government, but swear on all conclusion, therefore, that they do not desire the restoration. It is also proposed to couple with occasions that the Lincoln party were and are perpetuation of the Union. If we would remove either proposition a second amendment, pro the traitors. all restraints and give them freedom of choice i hibiting the assumption of rebel debts and The complainants have only themselves to they would revive the confederacy at once. claims either by States or the United States. blame for much of this delay. Except for They would take advantage of a war with The third proposition has commended itself their persistent opposition the amendments Great Britain or France to secure their inde to much the largest number of Union members, would have been submitted months ago to pendence, and they would take advantage of || and the amendients to that effect have already the Legislatures then in session in the loyal their double representation here to promote passed this House by more than a two-thirds States, and been assented to, no doubt, by the such a war. If no opportunity of escape This, then, so far as this House is con constitutional number. Except for their own should soon offer, would they not still live in cerned, is the congressional plan of reconstruc opposition they might now be welcoming back hopes of it and in persistent hostility to the tion. All we ask of the rebel leaders who are their long-mourned friends to seats in these country's obligations to the soldiers, widows, | wrongly charging us with having no policy at Halls. But they would consent to nothing orpbans, and creditors of our war, and friendly a!), but designing to exclude them for an indefi that did not return them greater in numbers, to the assumption of similar obligations created nite period, is a little time to put in form of and more malevolent in purpose. Hence the by themselves in the interest of the rebellion? fundamental law these pledges of future peace. delay. Hinc illæ lacrimæ. Even in advance of their own coming a portion For five years they have been out upon plague Next we are told that it conflicts with the of their vast claims have reached your files. infected seas. Can they not tarry at quarantino

6 President's policy." What is the PresiWhen my colleague [Mr. RANDALL) from the for a single session?

dent's policy? I aver, first, that the PresiDemocratic side proposed that the national Stripped of all disguises, herein lies the main dent, when last authoritatively heard from, was faith, pledged in war, should not be broken in disagreement. Shall these States be recog in favor of the principle embodied in each of peace, there was one voice from Kentucky nized at once in their present temper, without the proposed amendments. Of the first one, against it-only one by count, but considering guarantees of any kind and with a twofold rep because he required the confederate States to the quarter from which it came, multitudinous resentation? It is not whether they shall be adopt it; of the second one, because he has in omen. A bill has also been introduced by represented at all; to that we all agree. There repeatedly declared himself in favor of maka gentleman, sometimes called the Democratic may be a little question of time; a difference ing the number of voters the basis of repreleader in this House, to repudiate in part the of a few weeks or a few months, and that is sentation. I aver, second, that he does not public debt under pretense of taxing it, in vio. all. Shall they be represented twice over, once consider the status of the States such, that lation of the laws by which it was created. in their own names and once in the name of their assent to constitutional amendments canThese cannot be regarded as the oddities of the negroes ? Shall they come in upon a rep. not be required as conditions-precedent to one or two men, but rather as impulsive confes resentative basis that clothes a white man of their restoration, because he directed Mr. sions of imprudent scouts, too far in advance of the South with almost as much again political Seward to inform these States that their asthe following army. The purpose will not be power as a northern man controls? That gives sent to the amendment proposed in the last generally disclosed until the forces are arranged two white voters in South Carolina as much Congress was “indispensable” to restoration; for its execution.

voice in the selection of a President and in the and because he has not himself dealt with I am speaking now only of the dangers that ! legislation of this House as five voters in Penn them as if they were States already in the will beset the Republic by the allowance of a sylvania possess ? That practically gives to one Union. When the confederacy fell they were representation unfriendly to its prosperity and seventh of your population, disloyal at that, in full operation under governments origieven its existence in such disproportionate more than one third of your power? That, nally organized in the Union. Governors, numbers. But we should not forget that this sir, is the great question before this House and Legislatures, judges, and a full set of county act is also a recognition as republican in form the American public. It is an effort on the part and township officers were at work under conof constitutions, we have never seen (except of the Opposition to carry into the politics of stitutions once declared to be republican in that of Tennessee) and all, except those of Lin the country the old problem by which sixteen form by the United States.

These govern. coln origin, under rebel supremacy. The white is made the majority of forty-nine. In England ments were regular unless you assent to the Unionists who have been looking through five it is called the system of rotten boroughs." doctrine of forfeiture, for they had political dreary years of persecution, lynching, and con It has long been the subject of political strife continuity, what the church people call aposfiscation to this as their hour of deliverance, between the free and slave-labor counties of tolic succession. Yet they were destroyed by will find themselves betrayed into the hands of Maryland, Virginia, and Tennessee. And when the President's order and new ones extempotheir old, un humbled, unrelenting tormentors. || it is everywhere else abandoned as a per

rized in their stead. It also consigns the freedmen to the tyranny | nicious and anti-republican theory of represen. From that time to this, in these States, the of old masters, not now as heretofore bribed to | tation, we are asked to make it the basis of breath of the President has been the law of the humanity by a moneyed interest in the preserva. reconstruction in the model Republic.

land. Mr. Johnson went much further in this tion of their chattel estates. Twenty-five per The enactment of these two simple and brief direction than his predecessor. Mr. Lincoln cent., says an honorable gentleman who pre amendments, or others similar in purpose, is established governments only in States where sents his back offensively to the North as he so absolutely necessary for the preservation of he found none existing before, but Mr. Johnmakes his low obeisance South, twenty-five per the Republic and the discharge of its obliga son first destroyed existing governments and cent. have already perished. The wish no tions to its soldiers and creditors, and is so just then supplied their places with those of his own doubt was father to the thought with the mas and even generous to the insurgents, that they creation. So, both by words, and actions which ters in whose interest the declaration is made. | ought to receive the assent of every Union man, speak louder than words, the President assents

These, then, are my premises. I will repeat especially of every northern Union man. The to every principle involved in the congressional them:

Opposition do not dare to discuss their merits. policy of reconstruction. Indeed, the two pol1. There are only about five million disloyal While some deny that we have any plan of icies could not well conflict, because they relate population in the country.

reconstruction, others assail it with insidious to different subjects. The one creates or re2. This population when fully restored to and deceptive objections. Some of these I vives State organizations, the other renews the Union, the Constitution and laws remainpropose to notice here.

their Federal relations. When these organiing unamended, will hold more than one third First of all, they complain of the consump: zations were complete, and the States ready to of its representative power and the supreme tion of time. Five months have passed, and apply to Congress for a return to the Union, the control of at least thirteen States.

not a rebel admitted, is the complaining accu President's policy was ended. His work was 3. They will be interested to use that sation. The Opposition are impatient. They all done. The rest was for Congress. So he for the division of the Union; and, failing in cannot wait. Come in at once, say they, to the directed his Secretary of State to inform Gor. that, for the repudiation of its military and "erring brethren.''

Do not wait to drop your ernor Sharkey, July 24, 1865, Governor Marfinancial obligations.

side arms or exchange your disloyal garments. vin, September 12, 1865, and so he informed us Now, what is to be done? If these States Bills to protect the loyal men of the South in his annual message.

If he has changed his are denied representation, it violates the fun- | against your pretended violence are pending policy since then it is hardly worth while to damental principle of republican government. now, come and help defeat them. We will inquire what it is now, for his principles are If allowed a double and hostile representation, soon have bills to enlarge pensions and equalize written in water. the Union itself must be destroyed or pre bounties to the soldiers you have maimed and I do not wish to disguise the fact that while served at the expense of another war.

the widows you have made; your advice and he approves the two amendments and believes Three remedies are proposed:

votes will be needed. A bill to give bounty the power exists to l'equire their adoption as 1. Disfranchise some portion of the rebels. land to the boys in blue" could not be de. conditions of return, he thinks it unnecessary

2. Allow all the rebels to vote, but neutral feated nor the “butternuts'' included without to insist upon any terms additional to those ize their disunion sentiments by enfranchising you. A bill to lift the burdens of taxation from imposed by himself. It is in this opinion that the blacks in these States.

the industry of the country and place it upon his old persecutors, the defeated enemies of 3. Equalize representation by taking as its your foreign confederates, through exported the Union, the foiled plotters of his assassinabasis either the number of voters or the popu cotton, will need your attention.

Hurry up

tion, have taken heart, and with cruel malice lation, minus the disfranchised classes ; so that your organizations. Do not wait to heal lips conspired with northern sympathizers to purthese States shall have no more representation | blistered with a double oath of broken fealty sue him with their unrelenting friendship. in proportion to their represented people than before you kiss the Holy Evangelists with an Their last hope for the destruction of this the old free States have.

other. We have buried our sons and are lan country lies in the seduction of its friends. Either proposition would require an amend- ll guishing to clasp the hands of their murderers. War failed them, they resort to diplomacy.


The President was not much moved by their us see how this is. For four years these peo drafting unconstitutional; that it was right to threats, will he be seduced by their flattery? ple made war upon us without cause or even raise money, but wrong to tax or borrow; that If so, let me assure those of our friends who

plausible excuse. Before they began it, we they were opposed to emancipation, but not in are disposed to suppress their own convictions | begged them in great humility to withbold from favor of slavery. It was not under that lead in hope to detain him and his patronage in a the country this terrible desolation. In tears that Andrew Johnson was denounced as Linlittle select court party, that they might as well we warned them of the punishment that must coln's satrap when he corsented to be provisexercise a reasonable liberty of opinion. For follow. Our entreaties and warnings were re ional governor of a Stute froin which the old if he ever determines to trust his political ceived in the rebel capital, so their telegraph Governor and Legislature had run away, and future to anybody besides the great earnest, informed us, "with peals of laughter." They cheered as a patriot when he drove out the triumphant Union organization that elected fired upon us while we were yet upon our knees Governors and Legislatures of half a dozen him, he will have sense enough to put them begging for peace and union. The contest once States and supplied their places with appointees aside as mere nobodies in popular strength, || begun, was conducted on our part with great of his own. Is it not probable that, tired of heartless friends and harmless enemies, as forbearance and within the strictest military | their contradictory and hypocritical position, courtiers always are, and push straight for the law. We even returned for awhile their fugi- | they crave the undissembling leadership of “southern brothered," rebel-led opponents of tive slaves. On their part it was conducted not Breckinridge and Hunter, Davis and Toombs, a permanent and peaceful Union. In that event only with the condemned system of cruel guer as much as we can possibly dread it? his children and friends may well rejoice that rilla and piratical warfare, but with fire, poison, As another excuse for opposition to this plan the past, at least, is secure. His patriotic | yellow fever, and assassination. The estates of restoration it is said there are other inethoughts of the last five years will still live, of Union men within their power were confis qualities in representation that ought to be although only to reprove him.

cated, and have never yet been restored, and removed as well as this. An honorable genAgain, it is said by way of excuse,"Why Union men were hung for treason to their pre tleman from Pennsylvania complains that the pot admit such Union men as Fowler, Stokes, tended government.

six eastern States have each two Senators, and Maynard, of Tennessee?'' Because it is You tell us they have suffered. So have we. while New York and other large States have not a question about men. Shall a disloyal Peace has come at last; business prosperity no more. It is true that some of the eastern district, while it is still in a disloyal spirit, be will return; the insignia of mourning will be States are small; but the Constitution provides declared entitled to representation with only || laid aside; but in the heart of every family that each State, whether large or small, shall half as many represented people in it as we there is an unspoken sorrow that will sadden have two Senators; and it further provides that require for a district in the North? That is life even to the grave. Now, we are admon while that instrument may be amended in other the question. Captain Semmes ran up the ished to be magnanimous to the authors of all respects, with the assent of three fourths of the Union flag when he wished to decoy an un this suffering. I accept the admonition, but I States, in this respect it shall not be amended armed merchant vessel under the power of his submit that we are so already. The law con without the assent of all the States. But why guns, but replaced it with the pirate emblem demned them to death, and we have pardoned | point only to the eastern States to illustrate the when he had secured his victim. The names them. Their estates were forfeited, and we inequality of senatorial representation? The of these patriots are hung out to-day to secure have restored them. Not a traitor has been best illustration of it is not to be found there. representation to a rebel coustituency behind || hung; not one convicted; not one tried; not a The population of these States is 3,135,223. them, but they will be hanled down at the first dozen arrested; but many have been honored In the South you can find a smaller population election and rebels put up in their stead. You as rulers in States they only failed to ruin. with a larger representation in the Senate. The may think you are only recognizing the Union

The high-sounding eloquence of the gentleman population of Arkansas, Texas, Florida, South flag, but when it is too late you will find your from New York, [Mr. RAYMOND, ] calling upon | Carolina, West Virginia, Maryland, and Delaselves alongside the Alabama and in the power us to admire the courage and devotion" with ware is only 3,032,761. Here are seven States of its pirate crew.

which these bad men prosecuted a cruel war with more than 100,000 less population than But it is said in reply, "We will not admit dis- | against our kindred, our homes, and our coun the six eastern States, one third of that being loyal men even if elected." How can you help | try for four years, has scarcely subsided when negroes, with fourteen Senators, two more than yourselves? If a whole delegation from South our tears are invoked over their self-inflicted New England. Why did not the gentleman make Carolina, for instance, present themselves to the | sufferings. Thus at this end of the avenue we his point on these States? Was it because the Clerk of the last House and ask to be placed are alternately called upon to admire and pity eastern States are free and loyal and the othon the roll, prior to organization, and tender | then, while at the other the green seal is kept ers were slaveholding, and in part disloyal? him the certificate of their election signed || hot with its work of clemency-clemency often And why, just in this connection, does he comby the Governor and sealed with the great seal unsolicited, sometimes contemned. We have plain that bounties are paid for catching fish? of that most sovereign State, shall the Clerk even ordered historic inscriptions to be erased He never complained when higher bounties say which is loyal and which not? I suppose from captured cannon at West Point, that the were paid for catching men and women for the nöt. After the organization, in which all have || boys educated at the expense of a Govern southern market. These are the old coin: participated, and all have been qualified and ment their fathers could not quite destroy plaints of the South, warmed over, in anticitaken their seats, will you get up an inquisito- | might not be irritated. What more can we do? pation of its return, groundless, no doubt, but rial committee to explore the secret recesses What more can gentlemen ask in the name of if ever so just, furnishing no good excuse for of their consciences and be father confessors | magnanimity? “Give to this one seventh of | allowing to the complainants a twofold repreto their sins? “No, but the iron-clad oath your population more than one third of your sentation in this House. will exclude them." Do you not know, sir, political power?'' Is that what you ask, and

Once more we are reminded that taxation that almost every man who is in favor of ad call it only magnanimity to the false men of the and representation should go together. True, mitting these States without conditions is also country? Call it rather treachery to the faith sir, but that would not entitle them to a double in favor of repealing that oath? They already ful, or if that sounds too harsh, call it submis representation, nor deprive Congress of a readenounce it as an odious and unconstitutional sion, surrender, what you like, but for the sake

sonable time for deliberation as to the extent test. The Secretary of the Treasury and the of truth let no one call betrayal of country of the right and the best mode of securing it. Postmaster General, backed up by a message and friends magnanimity to enemies.

But if it is meant that they are entitled on the from the President, ask its repeal so far as Again, sir, the effort to cut off the excess of score of taxation to instantaneous, uncondiregards their Departments, thus making rebels this unpatriotic and sectional representation is tional, and disproportionate representation, I as eligible as Union soldiers to appointments | ascribed to party motives. Is not the Opposi must beg leave to inquire, where are the imhere, and under such lead I expect to see it tion exposed to the same charge? Is not the mense taxes paid by them, upon which to base swept away, and so do most of the gentlemen Democratic party as anxious to secure friends such extraordinary claims? The loyal people who are now urging us to lay aside a real safe as we are to avoid enemies? For the last five of the country have been paying burdensome guard and trust to this cobweb of a morning. || years they have been beaten everywhere. Every taxes, a million per day, imposed by their mis. But suppose we could in this way contrive to

election has proved to them that they were conduct, but when and where have they paid dictate to these people who they should and growing small by large degrees.

6 Would to

taxes? For the last five years they have paid who they should not elect, what kind of repre God that night or the rebels would come has none, and the amount they are just now begin. sentation would that be? We say to them, been their daily prayer. Does their haste to ning to pay is too trilling for argument. If "you are free to select your representatives, embrace the misguided brethren come solely the rigbt of representation could be acquired but mind that you select such as suit us, not from pure love and affection? Is it not possi by imposing taxes upon others or by robbery yourselves.'' You call that representation? I ble that their passion is somewhat like that of - of the Government, their claim would be indiscall it obedience. We propose to extract the

The immortal Captain Wottle,

putable. They robbed the southern post oflices envenomed fang of the serpent before he is Who was all for love and a little for the bottle?"

of money, stamps, and mails; the arsenals and uncaged, and you to bind him with test oaths Is it not possible that they look a little to military and naval depots of ammunition, arms, afterward. Suppose, again, you could manage party, too? That they long not only for the and clothing; the custom-houses and sub-Treasto exclude in this way those who had been alliance but the leadership of the South? They uries of goods, bonds, and money ; and the New engaged in the rebellion, do you not know that must remember that this leadership was gen Orleans mint of $600,000 in gold, and have a rebel constituency could find a fit represen- || erally able and always consistent, however never made restitution. But they have paid tation outside that list, and all the more dan unwise. It was not under that lead that they very few taxes, and long before they will be gerous on that account? If they had none at proclaimed both secession and coercion uncon called upon to do so a fair and adequate rep. home they could colonize from the North, stitutional; that the war for the Union was resentation will be accorded them.

Again, magnanimity is invoked as a shield of constitutional, but there was no constitutional But they have still another argument--the desertion. A great nation, it is said, can afford mode of conducting it; that an army should be one relied upon when all others fail, their to be magnanimous. Of course it can; but let || raised, but volunteering was impracticable and I refuge from discomfiture in every other field

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of debate--and that is what they call the con to these Halls without our leave, is that the these debates, the Constitution was especially stitutional argument. When they find them right of a State to representation cannot be framed to repress liberty, punish fidelity to the selves unable to maintain in discussion the forfeited or lost so long as these two sections | Union, shield oppression, and honor treachery propriety of allowing the disloyal population remain unaltered. Is there no objection to this and great crime. These war ineasures are all a twofold representation, the half to rep theory? Why, it concedes the right of repre.

constitutional now. Great light is thrown upon resent themselves and the other half to mis sentation during the whole war. Their mem the Constitution by the surrender of Lee. The represent the loyal people, white and black, bers could have entered this Capitol at any gleam of successful bayonets illumines the dark in their midst; when they can no longer time and voted as the interest of the confed- understanding of pro-slavery quibblers. But screen themselves behind the “ President's eracy required. If the war had lasted fifty | alas! the light of success shines only on the policy,” words of indefinite meaning; when years instead of four the right would have run past. All the future is still unconstitutional. their aspersion upon our motives is repelled through all that time. Nor would it have ceased Theunconstitutional, disunion, abolition war" by showing that they have as strong party if our armies had been overpowered and the is rendered constitutional by the victory of our interest in forming an alliance with the rebels confederacy left unmolested. ` After one hun soldiers, but the effort to secure to the country as we possibly can have in trying to prevent dred years of separation, they might still vote the fruits of that victory by appropriate legislait; when their taxation theory is demolished for President and send members to Congress.

tion is as unconstitutional as ever. by a report from the Secretary of the Treas Unless you admit the doctrine of forfeiture, Here I close my defense of the Republican ury, they fall back upon the constitutional you cannot avoid this conclusion. Aside from policy of restoration. Shall that policy be right of States to representation. They will this doctrine, nothing but an amendment of the adopted ? Not by this Congress, it is said, retreat no further. This is their last ditch in Constitution could deprive them of this right. || because enough conservative Republicans will debate. And here,

But the Constitution could not be amended, unite with the Opposition to defeat it. Then, " In Dixie's land

because these eleven States are more than one by falsely charging upon the Union party nonThey take their stand,

fourth of the whole, and the assent of some of action and lack of purpose, it is hoped that To live or die for Dixie."

them would be necessary for any amendment; a Congress can be elected next fall which will Mr. Speaker, we are in an anomalous condi and to deprive them of Senators the assent of repeal the test oath and admit the rebel States tion. The Constitution does not especially pro every one would be necessary.

without guarantees or conditions of any kind vide for the difficulties with which we are sur The advocates of this theory, to avoid this and with a representation always excessive and rouwded. Our fathers could not believe that result, concede that the right of representation now enlarged by emancipation. Without the so large a portion of the American people could I would be forfeited by success. But how? The | enlargement (which will not be attained until be so barbarized by slavery as to undertake such Constitution is not changed by the result of a after the next census) the eleven confederate stupendous crime. They did not provide for battle. There it is, just as it was before. If States will have eighty votes in the Electoral what they could not foresee. There are no pre they lost nothing by defeat would they by suc; College, controlled entirely by the late insurcedents on file to guide us. This is the first cess? They lost nothing by secession and gents, namely: disunion rebellion. Ours will be the first prece. unsuccessful war, you say, because these were Alabama.. dent in reconstruction, and the last--only if it unconstitutional. Can they lose anything, then, Mississippi.

Arkansas. is justly and wisely made. There are objections, || by victory? Would not that beunconstitutional

Texas plausible or otherwise, to every theory that has || also? “But we would acquiesce." Well, sup Louisiana. been or can be advanced as to the status of pose we should; would not acquiescence be un Florida..... these States. My colleague [Mr. STEVENS] ll constitutionaland void? Where in the Constitu Georgia

North Carolina. suggested that their present position was very tion are we authorized to acquiesce in a division

South Carolina much like that of California after the Mexican of the Republic? If their ordinance of seces Virginia.....

Tennessee. A score or more of speeches have been | sion was void would not our consent to it be made to show that there are objections to this equally void? If the ordinance was void can They will need seventy-seven more to elect theory. The gentleman from Ohio [Mr. Suel it be rendered more so by defeat or less so by a President. Kentucky, Missouri, Maryland, LABARGER] suggested that these State govern victory? Some of the advocates of this theory, and Delaware, States with strong confederate ments had perished in the rebellion, and that to avoid this reasoning, concedo that the right proclivities, will, it is claimed, furnish thirtynow new ones, republican in form, should be of representation is forfeited or suspended one, while the other forty-six can be made up originated by Congress. Objections were raised during "contumacy.” This cruel word to by the Democrats of New Jersey, New York, to this theory. The gentleman from New York characterize the great rebellion is not original and Connecticut. The classification of votes [Mr. Raymond] suggested that new govern

with me.

It is the word maliciously chosen by which the President would thus be elected, ments must be originated and proper guarantees | by our conservative friends who are determined would stand - confederates 80, seini-confedand conditions could be imposed, but these to make treason odious. I wish the printer erates 31, Democratic 46. This presidential things should be done by the Commander-in to inclose it with inverted commas, that such scheme will undoubtedly fail, and yet it is the Chief of the Army and Navy as the terms of severity of language may not be ascribed to only one that has the slightest chance of suc. surrender. Objections have been raised to that me. · But who is to decide when the suspension cess. If the Union party can be beaten at all, theory also. Others still take the position that | begins and when it ends? The State? If so, it must be by this or some similar combination. inasmuch as new constitutions and new gov that is no suspension at all. A right that can Suppose it successful, then, what would be the ernments have been established in these States be taken up and laid down at pleasure cannot character of the new Administration? Four originating in an irregular or revolutionary man be said to be suspended. Is Congress the members of the Cabinet would belong to the ner, that it is the duty of Congress, under the judge? Then I submit that by secession from eighty confederate votes and the other three to fourth article and fourth section of the Consti the United States, by the formation of a new the seventy-seven from the northern and border tution, to see that they are republican in form, confederacy, by four years of terrible war and States. All presidential appointments at home and in the discharge of that duty, require such five of scornful refusal, these States would and abroad must be made on the same line of conditions or guarantees as the safety of the become a little contumacious, and Congress | division. Union, in their judgment, demands. This, too, would be justified in suspending their rights If, as is alleged, this combination could also is objected to.

until the legislation necessary to make repre carry a majority of Congress, the confederates An honorable gentleman from Pennsylvania sentation fair and equal could be agreed upon would have a majority of that majority, and in at the other end of the Capitol, with some self and passed. And that is all that anybody here caucus (giving their allies the Clerk) would conceit, as it seems to me, sets down all these proposes to do.

demand the Speaker and a majority of all comreconstruction suggestions or theories as mere This appeal to the Constitution for authority | mittees, such as the Ways and Means, Claims, whimsies. He has a plan of his own to restore to hand the Government over to the unrepent and Pensions, to which their peculiar interests the Union and get rid of traitors. It is simple || ant plotters of its destruction, is but a contin might be referred. Pensions must then be in theory and cheap in execution. He will uation of the policy pursued by the Opposition surrendered or divided with confederate claimexecute it himself with only the aid of a con for the last five years. During that period | ants; service in the Union Army would be an stable. Whenever a rebel shows his head, he || they have raised a cry about the Constitution | impediment to political success, and the Treasand his constable will pounce upon him like a many times, but always in opposition to good ury, supplied by the industry and economy of Buchanan marshal on a flying negro. He will measures or in advocacy of bad ones. When it the North, would be steadily absorbed in conput him where no rebel ever went before with was first proposed to coerce the rebellion and federate damages. Then your creditors might his consent–in the old Capitol Prison. If the save the Union, and at every following step count their worthless bonds and learn exactly honorable gentleman really thinks that his plan toward apparent success, they cried, "uncon how much it cost them to reclaim their fugitive is practicable, why does he not set about its ex stitutional.” It was unconstitutional to raise masters. Then the pensionless widows and ecution? His intended victims swarm through an army or march it into the sacred soil of the orphans.of our valiant dead might bemoan in the Capitol and the White House, and two or South. It was unconstitutional to issue bills poverty and neglect the ingratitude of a Repubthree dozen of them are asking admission to of credit to meet the expenses. It was uncon lic saved by a husband's and father's blood. Congress. There are objections to this the stitutional to close a rebel port or arrest a rebel And then our surviving soldiers must conceal ory. Indeed it has been tried. It was Buchan spy, to proclaim martial law in a rebel coun their honorable scars to save a humble posian's plan for suppressing the rebellion, but it try, or to appoint a provisional governor for tion in the capital they helped to preserve ' failed.

conqnered Louisiana or abandoned Tennessee. || for the enemy. Then, sir, we will all see, feel, Now, sir, the theory of the Opposition, based Look back through the debates of the Opposi- , and realize what the Opposition, in different upon the second and third sections of the first tion; there is nothing constitutional but slavery | phraseology, constantly assert, that the object article of the Constitution, under which mem and rebellion, nothing so unconstitutional as of the war was to force the rebels to become bors from the rebel States are to be adınitted Il coercion and emancipation, Judging from

our rulers.

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Together with the resolution came to this State for the term of five years from and after tho

passage of this act. A message was received from the Senate, by | House a large amount of testimony which had

Src. 4. Be it further enacted, That all persons emMr. Forney, its Secretary, notifying the House

been taken by the committee in reference to the braceddin section three ofthis act, after the expiration that that body had passed Senate bill No. 220,

condition of Tennessee. In this volume is em of said five years, may be rezulmitted to the privilego for the relief of certain contractors for the conbraced an act of the General Assembly of the

of the elective franchise by petition to the circuit or

chancery court, on proof of loyalty to the United struction of vessels-of-warand steam machinery. || State, in which they prescribe who shall exer

States, in open court, upon the testimony of two or cise the elective franchise. It is as follows: more loyal citizens of the United States. RECONSTRUCTION-AGAIN.

SEC. 5. Be it further enacted, That so long as any of An act to limit the elective franchise.

the white citizens of the State of Tennessee, who by Mr. HIGBY. Mr. Speaker, a large portion

Whereas the first article and first section of the

this act are entitled to exercise the clective franchiso, of the President's annual message was devoted declaration of rights in the constitution of the State

shall be connected with the Army of the United States, to the question of the reunion of the loyal States of Tennessee declares, “That all power is inherent

or with the military force of this state in actual serand those which had been in rebellion. Conin the people, and all free governmenis are founded

vice, the Governor shall issue writs of election to tho on their authority and instituted for their peace,

commanding officers of such brigades, regiments, or gress was as deeply impressed with the subject safety, and happiness; for the ndvancement of these

detachments of Tennessee soldiers, wherever located, which was coming before them as any other ends they have at all times an inalienable and inde

who shall open and hold the election, and receive tho branch of this Government possibly could be feasible right to alter, reform, or abolish the govern

votes of their respective commands, and return too mentin such inanner as they may think proper; and

same to the secretary of state, and which shall be at the commencement of the present session; whereas a large and respectablo convention of the

counted in the same way and manner as if said votes and with a view to do as much and as speedily freo and loyal people of the State of Tennessee met

had been cast in any of the counties of the State to in the city of Nashville on the 9th day of January,

which the soldiers belonged. as possible to ascertain the condition of the

1865, and proposed certain alterations and amend It will be observed, in looking over this act, States which had been in rebellion, and whether ments to the constitution of the State of Tennessee, there was any possibility by which they could for rejection or ratification by the loyal people on the

or the portion to which I direct your attentiou have representation here, a joint committee of

22d of February following; and whereas said amend more particularly, that the elective franchise

ments and schedule were solemnly ratitied with great is to be limited to the white citizens of the both branches of Congress was appointed, to unanimity by the authoritative voice of the people; whom everything in connection with reconstruc and whereas the eighth section of said schedule pro

State, those who have been loyal, as it distion was referred for their consideration,

franchises those who have been engaged in the We

vided for the election of a governor and members of

the Legislature on the 4th day of March, 1843, ind rebellion. And further, this act is final upon have several times, sir, heard from that com who, in accordance therewith, were elected by the • mittee by way of amendments to the Consti bal'ots of the loyal people; and whereas the samo

the subject; as the constitution, as amended, tution of the United States. They have also

authoritative voice, in section nine of the schedule, delegated to the General Assembly meeting

deiegated to the Goneral Assembly meeting first first under this amended constitution, the right taken a large amount of testimony in reference under this amended constitution, the right to fix the to the condition of things in those States, and qualification of voters and the limitation of the elect

to fix the qualification of voters and the limithave from time to time reported that evidence ive franchise: Therefore, acting faithfully upder and

ation of the elective franchise." So that fur. in accordance with this delegation of the Supreme to the House and Senate. But, Mr. Speaker,

ther to amend the act from the reading of the power, I propose for a few moments to give attention SECTION 1. Be it enacted by the General Assembly of schedule it would seem is not in the power of the Stute of Tennessee, That the following persons, to

the General Assembly. to the report made by the committee on reconwit:

Now I wish to present a few facts immedistruction on the 6th of March last, and a joint 1. Every white man twenty-one years of age, a resolution with reference to the State of Ten citizen of the United States and a citizen of the county

ately under this proposition. The resolution wherein he may offer his vote six months next pre says that the constitution is republican in form. nessee, introduced into the House at that time;

ceding the day of election, and publicly known to With the constitution comes this act of the and more particularly to dwell upon the prin have entertained unconditional Union sentiments ciples involved, for the principles involved in from tho outbreak of the rebellion until the present

Legislature upon the subject of the elective that case will enter into the case of every one time; and

franchise. All the facts are embraced in the

2. Every white man, a citizen of the United States report which we received from the committee of the rebel States on the question of readmis and a citizen of the county wherein he may offer his

at the same time that this resolution was introsion.

vote six months next preceding the day of election, Mr. Speaker, I suppose that every and any having arrived at the age of twenty-one years since

duced. I have taken the trouble to make a March 4, 1865: Provided, That he has not been little table from the census of 1860, which is as subject presented to the House pertinent to engaged in armed rebellion against tho authority of

follows: these great questions can be scrutinized and the United States voluntarily; and

States. 3. Every white man of lawful age coming from

White. Colored. remarked upon. I do not wish to be deemed

W. C. another State, and being a citizen of the United

Virginia...... ..1,017, 111. 519,907 Less than 2 to 1 officious or captious if I should chance to dif States, on proof of loyalty to the United States, and

Tennessee 8:26,782 283,019 Less than 3 to 1 fer with fifteen of the wisest men we have in being a citizen of the county wherein he may offer North Carolina, 631,100 361.522 Leng than 2 to 1 his voto six months next preceding the day of elec

South Carolina, 291,338 412,320 Less than 3 to 4 Congress in some respects as to the report tion; and

Georgia..... 591.588 463,698 Less than 3 to 2 they made at that time.

4. Every white man, a citizen of the United States


77,748 62,677 Less than 5 to 4 and a citizen of this state, who has served as a soldier Alabama. 526,431 437,770 I ask the Clerk to read the joint resolution.

Less than 5 to 4

Mississippi. in the Army of the United States, and has been or may

353,901 437, 10+ The Clerk read as follows:

Less than 1 to 1 be hereafter honorably disebarked therefrom; and

Louisiana 357,629 350,373 Nearly equal. Mr. BINGHAY, from the committee on reconstruc6. Every white man of lawful age, a citizen of the


421,294 182.921 Less than 3 to 1 United States and a citizen of the county wherein he

Arkansas...... 324,191 111,259 tion, reported the following joint resolution :

Nearly 3 to 1 Joint resolution concerning the State of Tennessee.

inay offer his vote six months next preceding the day
of election, who was conscripted by force into the

Total.. ..5,449,463 3,653,870 Less than 5 to 3 Resolred by the Senate and House of Representatives 80-called confederate army, and was known to be a of the United States of America in Congress assembled, Union man, on proof of loyalty to the United States, In which I have united together in one sum That whereas the people of Tennessee have made established by the testimony of two voters under the known to the Congress of the United States their proviousclauses of this section; and

the slave population in each State with the free desire that the constitutional relations heretofore 6. Every white man who voted in this State at the population of the same, because since the slaves existing between them and the United States may presidential election in November, 1864, or voted on have become free they belong to the free colbe fully established, and did, on the 22d day of Feh the 22d of February, 1865, or voted on the 4th of March, ruary, 1865. by a large popular vote, adopt and ratify 1865, in this State, and all others who had taken the

ored population of the State, and I find this to a constitution of government republican in form * oath of allegianco" to the United States, and may

be the fact with reference to Tennessee: white and not inconsistent with the Constitution and laws be known by the judges of election to have been true population, 826,782; free colored population, of the United States, and a State government has friends to the Government of the United States, and beep organized under the provisions thereof, which would have voted in said previously mentioned elec

283,019. Baid provisions, and the laws passed in pursuance tions if the same had been holden within their reach, The proportion is less than three white citithereof, proclaim and denote loyalty to the Union; shall be entitled to the privileges of the electivo zens to one colored. · In other words, the col. and whereas tho people of Tennessee are found to be franchise. in a condition to exercise the functions of a State Sec. 2. Be it further enacted, That all persons who

ored population in 1860 was more than one within this Union, and can only exercise the same are or shall have been civil or diplomatic officers or fourth of the population of the State. by the consent of the law-making power of the Uni agents of the so-called confederate States of America. It is but a few days since a law passed this ted States. Therefore, the State of Tennessee is hereby or who have left judicial stations under the United declared to be one of the United States of America, States or the State of Tennessee to aid, in any way,

Congress more diguified than legislative enacton an equal footing with the other States, upon the the existing or recent rebellion against the authority ments usually are, for the reason that it passed, express condition that the people of Tennessee will of the United States, or who are or shall have been notwithstanding the veto of the President, by maintain and enforce, in good faith, their existing military or naval officers of the so-called confederate constitution and laws, excluding thoso who have States, above the rank of captain in the army or licu

more than a two-thirds vote of each House. been engaged in rebellion against the United States tenant in the navy; or who have left seats in the United What did that law declare? I do not consider from the exercise of the elective franchise, for the

States Congress or scats in the Legislature of the State that we made the native-born colored man a respective periods of tiine therein provided for, and of Tennessce to aid said rebellion, or have resigned shall exclude the same persons for the like respective commissions in the Army or Navyof the United States,

citizen by it, for I believe that without that periods of time from eligibility to office; and the and afterward have voluntarily given aid to said enactment he was a citizen of the United State of Tennessee shall never assume or pay, any rebellion; or persons who have engaged in treating States; and I believe that a majority of the debt or obligation contracted or incurred in aid of otherwise than lawfully, as prisoners of war, persons the late rebellion; nor shall said State ever in any found in the United States service as officers, soldiers,

people so believe. The most eminent men of manner claim from the United States or make any seamon, or in any other capacities; or persons who the nation for wisdom and learning, so conallowance or compensation for slaves emancipated have been or are absentees from the United States strued the Constitution of the United States. or liberated in any way whatever; which conditions for the purpose of aiding the rebellion; or persons shall be ratified by the Legislature of Tennessee, or who held pretended offices under the government of

But we declared it thus solemnly that native. the people thereof, as the Legislaturo may direct, States in insurrection against the United States: or born inhabitants, no matter of what race or before this act shall take effect.

persons who left their homes within the jurisdiction color, were citizens of the United States. Mr. HIGBY. Mr. Speaker, two proposi

and protection of the United States, or tled before the
approach of the national forces and passed beyond

Now, then, what is the simple fact presented tions will be observed as embodied in that reso the Federal military lines into the so-called conted by the figures? We have some means of arrive lution; one is that it pronounces the constitu erate States, for the purpose of aiding the rebellion. || ing at the measure of loyalty or disloyalty in tion presented by Tennessee republican in form, shall be denied and refused the privilege of the elect

the State of Tennessee. It is said that that ive franchise in this State for the term of fifteen and the other is that the only means by which years from and after the passage of this act.

State furnished thirty thousand Union soldiers the State can have any representation in Con Sec. 3. Be it further enacted, That all other persons, to help fight the battles against the rebels. 'It gress is to be through the law-making power except those inentioned in section one of this act, aro

is said on the other hand that Tennessee furhercby and henceforth excluded and denied the exof the United States."

ercise of the privilege of the olectivo franchise in this ll nished one hundred thousand men for the rebel



army. But, sir, supposing it was fifty thousand tain age before being allowed to exercise the of the State to vote or not in organizing and Union soldiers to one hundred thousand rebel. elective franchise. But this is no such exclu establishing the new State government; and Of course we cannot arrive definitely at the sion as that on account of race or color. further, the resolution imposes terms and detrue proportion. The Legislature of that State But, sir, what is the extent of this reso clares the condition of the citizen entitled to has disfranchised those who were engaged in lution? It proposes to admit the State of vote. the rebellion; so that the voting population of Tennessee, coming here upon the basis I have It may be said that what constitutes a govthe State is reduced to those who remained named-only a very small proportion of the ernment republican in form depends upon loyal to the Government during the whole white population, taking the same number that the opinion of individuals. But the general struggle. I am speaking of the white popula- it had in 1860. Sir, without meaning to be principle, I presume, will be admitted, that a tion.

captious, I say that such a proposition has no government is not republican in form if it exWhat, then, do we have presented ? It comes element of rtpublicanism in it. Let me state cludes a large portion of the citizens from pardown to the simple fact that a white popula a case which may arise, and let us see how | ticipation in the government; I mean without tion no greater than the colored population of members of this House are willing to meet it. any contingency whatever-an absolute and a State are to have the entire control of the || You will have some of the eleven seceded unconditional exclusion from such participaadministration of the government of the State. States coming here and asking to be admitted tion. We, sir, have the control. We are act

Mr. Speaker, I want to read a few words whose colored population is in excess of the || ing as the law-making power with reference to from the Declaration of Independence upon white population. In the State of South Car the condition of each of these States ; and it is this question of bestowing civil rights and polit- || olina, for instance, a large majority of the pop our duty to declare that no constitution of gorical rights. I think the definition is conclu- | ulation are colored people, now citizens. Sup ernment is republican in form that uncondisive:

pose the colored people of the State of South tionally cxcludes from the elective franchise “We hold these truths to be self-evident: that all Carolina should come here with a constitution any portion of its citizens for any reason whatmen are created equal; that they are endowed by asking to be admitted. They have been loyal Sir, there will be no difficulty in the settheir Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of hap

through all this struggle. They are citizens tlement of the question when we get ready to piness; that to secure those rights governments are of the United States. They present to Con- || yield our prejudices to right and justice. instituted among men deriving their just power from gress a constitution more generous and more Mr. Speaker, there are two very important the consent of the governed.”

liberal, if you please. They make no distinc questions involved in the present admission of There is, then, according to this language, tion of race or color. If you admit them with any one of those States. Of one of those I no security of life, liberty, and the pursuit of such a constitution you violate the principles || have spoken; that is, the exclusion of a porhappiness'' unless those who are seeking these contained in this report.

tion of the citizens of any one of the States ends have the power of government in their There are some stubborn facts which we must from the elective franchise. There is another hands. That is the logic of the language. meet and face, and we had better face them in | point, which when closely scrutinized is a little

What, then, do we bestow upon men by at the beginning. It is not so hard to do right startling in its character. The proposition in tempting to secure to them civil or political | if we will trample prejudices beneath our feet this resolution is to admit Tennessee as a State rights? Why simply this: that they shall have and come up to great principles and stand by of the Union. The presumption is that if rethe power of administering the Government. them. It is far better, sir, that we should come admitted, she will be entitled to at least the It is conclusive, therefore, that nothing is up and meet the question now, than wait until same number of Representatives that she had effected by simply declaring that you extend time forces us to do so.

when the rebellion commenced. And, sir, the to them civil rights if in a republican govern I find, in footing up columns in the table principle will hold true in the case of each of ment in which the power rests with the people presented, that in 1860 there were 5,449,463 the eleven States that took part in the rebel. they cannot, together with others, possess the of white population, and 3,653,870 of colored lion, whenever they shall be in as fit a condipolitical power to protect themselves in these people in the eleven States. More than three tion to be received as Tennessee is said to be rights. fifths of the population now are colored peo.

If the other ten States disfranchise the Sir, I do not know where the power lies to || ple. Deduct from the computation those men same class that Tennessee has disfranchised, take away the privilege of the elective franchise

who have been disloyal to the Government the whole eleven States, while having the same from a citizen of the United States. Asa cit. through bis rebellion and what proportion number of Representatives as they had at the izen of this country that privilege is one which

would the white population of those States commencement of the rebellion, will possess belongs to him of riglit. . Such is the definition bear to the colored people? You would then a voting population less than half what it was and such is the logical and just conclusion. have five of the colored to three of the white at that time.

I find this definition given by our great lexi entitled to the privileges of the elective fran If we adopt this resolution we establish these cographer, Worcester: chise.

two points: in the first place we permit the “Citizen. An inhabitant of a republic who enjoys If the principles proposed now to be adopted white citizen to participate in the government the rights of a citizen or a freeman, and who has a right to vote for public officers; as, 'a citizen of the

in the case of Tennessee should be accepted, to the exclusion of the colored citizen; and United States.'

they must be followed in the case of every other secondly, we allow an undiminished number The great lexicographer, Webster, uses about

of the eleven States that may ask to be admit of Representatives to less than half the voting the same language in his definition of a citizen. ted, and we shall find in the end that we have || population at the commencement of the rebelThen, sir, I quote another authority that is ignored as citizens the majority and given the lion. I cannot believe that the people of the looked upon as very good in this country:

government to the minority, and by so doing || loyal States are ready to submit to such a sacThearticle in the Constitution of the United States will have trampled under foot the great and

rifice. declaring that citizens of each State were entitled to vital principle that lies at the foundation of our Further than that, Mr. Speaker, it would all the privileges and immunities of citizens in the institutions.

seem to be rewarding rebellion if we should several States applies only to natural-born or duly naturalized citizens; and if they remove from one

Mr. Speaker, it is urged that we have no allow these States to come here with the same State to another they are entitled to the privileges right to say who shall vote and who shall not number of Representatives that they had prethat persons of the same description are entitled to vote. It is even said by some of the members viously to the rebellion.

While the white popin the State to which the removal is made, and to none other. The laws and usages of one State can

on this side of the House, the Union members ulation who have remained loyal all through not be permitted to prescribe qualifications for citi of Congress. It is said, you cannot go into the this struggle would have a double representazens to be claimed and exercised in other States in States and dictate to them who shall vote and tion in these Halls, the colored population, who contravention to their local policy. " It was declared, in Corfield vs. Coryell, that the

who may not vote. Well, I grant this is true have been loyal, obedient, and devoted to the privileges and immunities conceded by the Constitu under the present condition of things, so far | Government throughout the rebellion, would be tion of the United States to citizens in the several Slates were to be confined to those which were in their

as regards the States that have never been in ignored and excluded. nature fundamental, and belonged of right to the

rebellion. The Government of the United Sir, this act of disfranchisement is to expire citizens of all free Governments. Such are the rights

States does not propose or attempt to go into after a certain time with reference to a certain of protection of life and liberty, and to acquire and enjoy property, and to pay no higher impositions than

any one of the States now in close fellowship class. After a period specified, the rebels are other citizens, and to pass through or reside in the

with the Government and represented here, to become again citizens and voters. But no State at pleasure, and to enjoy the electivo franchise and say to them that all classes of citizens provision is made for admitting to the elective according to the regulations of the law of the State." without distinction of race or color shall vote. franchise that other class of citizens of whom

That is from Kent's Commentaries. Some It is true that the general principle has been to I have spoken. may contend that this regulation may go to the leave that question to each of the States. Sir, I am aware, sir, of what is urged with referextent of prohibition. But, sir, probibition is if Tennessee and Virginia are to-day States in ence to the claims of the State of Tennessee. not regulation. The language is plain and the Union, possessing the same rights as Penn I am aware at an early period that State sought explicit. The citizen has a right to vote; and sylvania and Massachusetts, we have nothing to bring itself into loyal relations with the Gov. there is no power under the Government to to say upon this subject one way or the other. ernment. It established a new constitution. The exclude him from that right. I do not care But it, as is declared in this resolution, the Legislature ratified the constitutional amend. what may be the race or color of a man, if he law-making power of the United States is to ment forever prohibiting slavery, and adopted is a citizen of the United States, that is a right settle now the question of the representation | other legislation with reference to reorganizaof hiš-a paramount right.

of the eleven States that have been in rebel- tion. The people of that State have elected It is true that States may have their regula- | lion, and at the same time to examine the con persons to be Representatives in this House, tions on the subject of suffrage. A State may stitution of each of these States to see whether and the Legislature has chosen Senators. provide that a citizen coming from another it be republican in form, then at the same time But, sir, as has been iterated and reiterated State must reside within its limits a certain the law-making power of the United States | here, the excellence of the character of the length of time before he can vote. It may pre has the right and the power to settle the ques men who come here as Representatives is not scribe tbat a citizen must have attained a cer.. tion whether the State has allowed the citizens the question. The question is as to the basis

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