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objection to striking out “brooms and wooden- June, 1867, were taken from the Speaker's || tary of the Navy, the Secretary of the Interior, ware,'' and I make that motion. The great table and referred to the Committee on Appro- and the Postmaster General. expense of the articles of wooden-ware, tubs, | priations.

ANDREW JOHNSON. and pails, consists of iron hoops and wires


WASHINGTON, D. C., May 17, 1866. and various articles which pay a tax of five per

On motion of Mr. STEVENS, the amend

The message, with the accompanying docucent.

ments of the Senate to House bill No. 261, ments, was laid upon the table and ordered to Mr. MORRILL. I hope that will not be stricken out. making appropriations for the consular and

be printed.

LEAVE OF ABSENCE, The question was taken upon the amend- diplomatic expenses of the Government for ment; and on a division, there were-ayes 35,

the year ending the 30th of June, 1867, and Mr. BENJAMIN. I desire to ask leave of noes 33; no quorum voting.

for other purposes, were taken from the Speak | absence for myself on account of sickness in

er's table and referred to the Committee on Tellers were ordered; and Mr. WASHBURN,

my family. I cannot tell how long I may be of · Massachusetts, and Mr. Ross, were apAppropriations.

absent. pointed.


No objection was made, and indefinite leave Mr. MORRILL. As there is evidently not

of absence was granted.

Mr. RICE, of Massachusetts. I ask unania quorum present, I move that the committee mous consent to take from the Speaker's table


Senate bill No. 318, to authorize the appointThe motion was agreed to.

A message from the Senate, by Mr. McDorment of an additional Assistant Secretary of So the committee rose ; and the Speaker || the Navy.

ALD, its Chief Clerk, informed the House that

the Senate had passed, with amendments, bills having resumed the chair, Mr. Dawes reported Mr. LAWRENCE, of Ohio. I object. of the following titles, in which he was directed that the Committee of the Whole on the state

Mr. RICE, of Massachusetts. Then I move to ask the concurrence of the House: of the Union had had under consideration the

to proceed to business on the Speaker's table. An act (H. R. No. 345) for the relief of Union generally, and particularly the special

T'he question was taken, and upon a divis- Christina Elder; and .order, being bill of the House No. 513, to

ion there were-ayes 31, noes 31; no quorum An act (H. R. No. 363) supplementary to amend an act' entitled “An act to provide voting.

the several acts relating to pensions. internal revenue to support the Government, Mr. INGERSOLL. I move the House do

The message further announced that the to pay interest on the public debt, and for now adjourn.

Senate had passed, without amendment, the other purposes," approved June 30, 1864, and The motion was agreed to; and accordingly || following bill: acts amendatory thereof, and had come to no

(at twenty-five minues to five o'clock p. m.) An act (H. R. No. 386) for the relief of resolution thereon. the House adjourned.


The message further announced that the A message from the Senate, by Mr. Wil


Senate had passed the following bills, in which LIAM J. McDONALD, its Chief Clerk, announced The following pctitions, &c., were presented under

the concurrence of the House was requested: that the Senate had passed with amendments the rule and referred to the appropriate committees : An act (S. No. 251) for the relief of Combills of the following titles, in which he was

By Mr. BROMWELL: The petition of Charlos H. modore Thomas Turner; directed to ask the concurrence of the House:

Wood, and others, citizens of Iroquois county, Illi-
nois, praying for a Bureau of Insurance.

An act (S. No. 261) for the relief of Mrs. A bill (H. R. No. 37) making appropriations

Also, the petition of citizens of Macon county, Illi- Anna G. Gaston; for the support of the Military Academy for

nois, praying for a mail route from Decatur, Illinois, An act (S. No. 275) for the relief of Cor

to Newburg, Illinois. the year ending the 30th of June, 1867;

By Mr. BLOW: The memorial of the Union Mer

nelius Crowley; A bill (H. R. No. 216) for the relief of Cor- chants' Exchange of St. Louis in regard to the Sen- An act (S. No. 291) granting a pension to delia Murray;

ate bill providing for draw-bridges on the Mississippi Mrs. Rebecca Irwin ;

river. A bill (H. R. No. 261) making appropria- By Mr. DODGE: The petition of Duncan, Sherman

An act (S. No. 298) granting a pension to tions for the consular and diplomatic expenses & Co., Brown, Brothers & Co., and others, of the city

Jane D. Brent; of the Government for the year ending the 30th

of New York, against a tax of five per cent. a pound An act (S. No. 299) granting a pension to

on cotton. of June, 1867, and for other purposes ;

By Mr. HUBBARD, of Connecticut: The petition

Jane E. Miles ; A bill (II. R. No. 459) granting a pension to

of James C. Cooke for relief as to time of filing appli- An act (S. No. 309) to authorize Samuel Anna E. Ward;

cation for renewal of patent.
By Mr. MARVIN: Tho petition of 128 citizens of

Stevens, a Stockbridge Indian, to enter and
A bill (H. R. No. 462) granting a pension to Saratoga county, New York, asking an increase and purchase a certain tract of land in the Stock-
Mrs. Sally Andrews; and
an ad valorem duty on foreign wool.

bridge reservation of Wisconsin ; A bill (H. R. No. 493) granting a pension to By Mr. MORRIS: The petition of F. D. Mason,

An act (S. No. 314) for the relief of Sarah Esq., and others, of Geneva, New York, asking for a Mrs. Joanna Winans. law in relation to inter-State insurance companies.

J. Purcell ; The message further announced that the Also, the petition of Joseph IIershey,jr., of Goshen, An act (S. No. 321) for the relief of Maria Senate had receded from their amendment to New York, and others, asking for an increased duty

Syphax ; on imported wool. the bill (H. R. No. 563) to regulate the time By Mr. O'NEILL: The memorial of the officers of An act (S. No. 326) granting a pension to and fix the place for holding the circuit court the Entomological Society of Philadelphia, asking for Mrs. Harriet B. Crocker; of the United States in the district of Virginia, an appropriation of $3,000 per annum to be expended

An act (S. No. 327) granting a pension to in the publication and circulation of the monthly and for other purposes. periodical called the Practical Entomologist.

Mrs. Katharine F. Winslow; and The message further announced that the By Mr. ROLLINS: The petition of A. J. Prescott, An act (S. No. 329) for the relief of Mrs. Senate had postponed indefinitely the bill of

and 19 others, citizens of Concord, New Hampshire, | Margaret Kaetzel.

James Dean, and 22 others, citizens of Lowell, Masthe House (No. 468) for the relief of James sachusetts, A. G. Durfer, and 32 others, citizens of

PROTECTION OF THE FRONTIER. Foster. Providence, Rhode Island, severally praying for the

Mr. ROSS. I desire to enter a motion to The message further announced that the le passage of an act regulating inter-State insurances Senate had passed without amendment the fol- By Mr. SITGREAVES: The petition of glass man

reconsider the vote by which the bill to provide lowing bills of the House: ufacturers, praying a reduction of duties on glass

for the better protection of the frontiers of the An act (H. R. No. 265) granting a pension

United States and Territories thereof was to John Hoffman, of Madison county, in the

By Mr. STILWELL: The petition of Governor referred to the Committee on Military Affairs.

Morton, and others, trustees of the Indiana AgriculState of New York; tural College, praying for an amendment to the act

The SPEAKER. The motion will be enAn act (H. R. No. 434) for the relief of Isa

granting lands to the States to institute agricultural tered on the Journal.

colleges. bella Strubing; By Mr. VAN AERNAM: Resolutions of the Legis

EQUALIZING BOUNTIES. An act (H. R. No. 445) for the relief of the lature of New York, in favor of equalizing bounties to soldiers and sailors who enlisted in 1861 and 1862.

Mr. BLAINE. I wish to enter a motion to legal representatives of Betsey Nash;

By Mr. WARD: The petition of 125 citizens of Bath, *reconsider the vote by which House bill No. 602, An act (H. R. No. 460) granting a pension New York, in favor of increasing the tariff on wool.

to equalize the bounties of soldiers, sailors, to Spencer Kellogg; and

and marines who served in the late war for the An act (H. R. No. 494) for the relief of

HOUSE OF REPRESENTATIVES. Union, was referred to the Committee of the Martha J. Willey. Also, that the Senate had passed the follow

SATURDAY, May 19, 1866.

Whole on the state of the Union.

The SPEAKER. The motion will be ening bill and joint resolution, in which the con- The House met at twelve o'clock m. Prayer

tered on the Journal. currence of the House was requested:

by the Chaplain, Rev. C. B. Boynton. An act (S. No. 123) granting lands to aid in The Journal of yesterday was read and

PRESIDENT'S ANNUAL MESSAGE. the construction of a railroad and telegraph approved.

The SPEAKER. By order of the House, line from the Central Pacific railroad, in Cali


no business is in order to-day but debate upon fornia, to Portland, in Oregon; and

The SPEAKER laid before the House the the President's annual message as in CommitA joint resolution (S. No. 97) to authorize

following message from the President of the tee of the Whole, upon which the gentleman certain medals to be distributed to veteran sol- United States :

from Ohio [Mr. ASHLEY] is entitled to the diers free of postage.

floor. To the House of Representatives : MILITARY ACADEMY APPROPRIATIONS.

RECONSTRUCTION. In further response to the resolution of the On motion of Mr. STEVENS, the amend- House of Representatives of the 7th instant, Mr. ASHLEY, of Ohio. I am not prepared ments of the Senate to Ilouse bill No. 37, mak- calling for information in regard to clerks em- to go on to-day, and therefore I will yield the ing appropriations for the support of the Mil- ployed in the various Executive Departments, floor to the gentleman from New York, [Mr. itary Academy for the year ending the 30th of I transmit herewith reports from the Secre- || Morris.]


Mr. MORRIS. Mr. Speaker, if ambition These authors define sovereign and inde. resume it at will ? South Carolina, of her own begat treason; and if treason begat the rebel- | pendent States. We have none such in our act, withdrew her Representatives from this lion; and if the rebellion begat reconstruc- Government.

Hall and then made war upon the Governtion; and if reconstruction begat the amend- The original thirteen colonies, after severing ment. May this Government exercise the priv. ment of the Constitution of the United States their relations with Great Britain, entered into ilege accorded the humblest citizen, of holding and the measures which accompany it, now a“perpetual Union." This Union not meeting an enemy in duress till he make some reparapending in Congress, it may well be that the their expectations, afterward, and for the pur- tion or give sureties to keep the peace? Selfjoint committee on reconstruction is only one pose of a more perfect Union,'' the people of preservation, if not self-respect, requires this of the several instruments rendered essential these colonies, then States, framed and adopted much. No prudent family permits its enemies in perfecting, rather than the originator of, the Constitution of the United States. Thus the to share in its councils or in its confidence. this series of acts in the great drama of events | people, of their own volition, carved out of the No properly organized Government intrusts its made necessary to save the nation and to re- then existing States and created the General administration to those who purpose its overstore it to homogeneous concord. It may well | Goveroment. By this voluntary act each State | throw. The alarming feature in our national be, also, that these schemes are severally in- | passed under and became a subordinate part affairs at this time, in my judgment, is that dispensable to check the growth of the poi- || of a new Government, established expressly for any one dare entertain the proposition to adsonous shoots which are likely to spring from national purposes. This new Government being mit traitors upon this floor. The man who the remaining roots of the so recently felled clothed with certain definite powers, which were stops to reason when tempted to sin is half tree of treasonable planting: Be this as it taken from, thereby of necessity lessened the consenting. The legislator who permits himmay, they are fitting themes for the historian,

powers of, these States.

For national pur- self to negotiate with crime stands on quickand perhaps for the legislator; but in what I poses this new Government is sovereign; for sand--a step may ingulf him. But I am antihave to say I shall allude to these subjects municipal purposes, the States are each sover- cipating; I therefore resume my subject. and the incidents connected with them so far eign; in all else they are subjects. Aggregated, Take either of the authorities I have cited only as in my judgment they may be pertinent the national and the State Governments make defining a State, and whether we contemplate in establishing the following affirmations :

a unit.

It requires this aggregation to consti- South Carolina before, during, or since her 1. The incidents connected with the revolt tute complete sovereignty. They are a com- revolt, as far as municipal organism is conof the southern States have, in no respect, | pound, in which the original and the new ele- cerned, she comes within its spirit and letter. abridged the powers or the jurisdiction of the ments are clearly discernible, and yet, as chem- There never has been a time when she was not Government of the United States.

ical affinities, they intermix, neŭtralize, and a body of persons united together in one 2. These incidents have changed the rela- unite.

community for the defense of their rights." tions of these States toward the General Gov- . As the body is one, and hath many mem- It has ever been, and now is, “a body-politic, ernment and they have affected some of their bers, and all the members of that one body or a society of men united together for mutual rights.

being many, are one body,'' so it is in our advantage and safety.” 3. The relations thus changed and the rights Government. It must be obvious, then, that Territory is essential; this remains as it ever thus affected can be restored to these States whosoever attributes absolute sovereignty to has. Persons are requisite; these exist now as only by the legislative branch of the Govern- any State, or who in his reasoning applies the they have at all times. Their union is an ingrement.

definitions I have cited, without restriction, dient; that these persons are united for a com4. These relations and these rights should when speaking of these States, will mislead mon intent is painfully apparent Why, then, be restored as speedily as the interests of all himself as well as those who listen to him. But is not South Carolina a State? She' is. She the parties concerned will permit.

as far as the municipal organism of our States lacks nothing as far as municipal organism What are the facts ?

is involved, these definitions do apply; but in is involved; but as far as her relations with the Eleven of the United States passed ordi- their relations to the General Government it | national Government are concerned she lacks nances of secession. They insisted that the must be evident they do not. Failing to dis- much. She is without a connecting link. This mere act of their passage absolved them from criminate in this, has led to much confusion. has been severed. She and her joint wrongall allegiance to and effectually severed their Some have supposed that the mere derange- doers are off the track and badly damaged ; relations with the General Government, and ment of the organic relations of a State with the they need repairs, readjusting upon the rail, that thereby they were rendered sovereign and General Government destroyed it. Whereas, and connecting links. They belong to the corindependent. This pretense was denied by in truth, these relations may not only be poration; they are subject to its control, and the General Government, and their ordinances deranged, but even suspended, and yet the State they may be coupled on immediately or they were pronounced utterly void. An appeal to remain as perfect and as actually in the Union may be held for further repairs. These repairs arms was taken, a remorseless war was waged, as if they were wholly undisturbed. But of should be thorough. Defects which are known in the prosecution of which these States were this hereafter.

to have produced their present wreck should overpowered and disarmed. They now pro- 2. Have the incidents of the revolt of the be remedied, and great precaution should be pose to resume their former position under the southern States or has the consequent war taken for future safety and security. A misGovernment they sought to destroy. Hence changed the relations of these States toward take in this may imperil all. I go further, and the question which now divides Congress and the General Government or affected any

of as an illustration aver: Adam and Payne were the country. In the discussion of this, I inquire: their rights ?

as really men, but bad ones, after as they 1. Did the passage of those ordinances, or A State sustains the same relation to the were before their disobedience. So South the waging of this war, abridge any of the entire members of the Union that one man Carolina was as actually a State, but a rebelpowers or the jurisdiction of the national Gov- does to the aggregate individuals of a State. lious one, after as she was before her rebellious ernment over these States?

One is a corporate the other a natural being. acts. Adam still owed fealty and was as subject I aver that at the passage of these acts of Either of them, entirely alone, were independ- to the laws of his Maker as though he had secession and at the commencement of this ent. Connected with others, neither can claim never transgressed. Similar is the position of war for all national purposes the General Gov- this prerogative. As individuals, they each | South Carolina. ernment had unquestioned jurisdiction over the have duties to perform, obligations they can- Sir, can a man or the inhabitants of any entire territory and the inhabitants of these not ignore, and rights which they may forfeit. territory be within the jurisdiction of a GovStates severally. This jurisdiction grew out The man Adam had a right to the tree of ernment and subject to its laws and yet be of a covenant, by virtue of which the cov- life. The man Payne had a right to natural | alien? I can see how the exercise of this jurisenantees instituted the Government of the Uni- life. The State of South Carolina had a right diction may be interrupted and the execution ted States. Under this covenant were vested to be represented in the councils of the nation. of these laws suspended, but I cannot as readily rights of nearly a century's growth; by its very | By disobedience these rights were severally perceive how a State can be "blotted out and terms was plighted faith as sacred as oaths forfeited. Will any one question this as to the yet all that goes to make it up remain. can make; here also were obligations as imper- | individuals I have named? Why, then, is it I now adopt and repeat the interrogatory of ative as is Christian duty. Nothing less, there. not true of South Carolina? No loyal man my colleague from New York, [Mr. RAYMOND,] fore, than mutual consent or successful revolu- will pretend that this State, during her armed and inquire: tion could annul its binding force. Neither | hostilities against the General Government, "If they (the rebel States) were out of the Union, of these is pretended. Necessarily, therefore, was entitled to a place in its councils. Why?

when did they becomo só? They were once States the powers and the jurisdiction of the General Clearly by reason of her armed hostility. But

in the Union. If they were out of the Union, it was

at some specific time'and by some specific act." Government have been, and now are, as abso- this armed hostility grew out of an enmity lute and unbroken over every foot of the soil which antedated it. These overt acts were an

This is a pertinent and a practical question. and over every person within the boundaries | incident, not the cause, of this enmity. It is

The honorable gentleman from Ohio, (Mr. of tbese States as it was at the hour it was first true these hostilities are at an end; but did

SHELLABARGER,] whose logic and eloquence established by our fathers. they cease from choice or from necessity? If

are irresistible, repeated the same interrogaI here leave my first and preliminary to my from necessity, it may well be that the enmity | tory, and in reply to it, says: second affirmation I inquire

which prompted these acts still remains; in “In respectfully answering bin, (Mr. RAYMOND] What is a Stato? which event only her weapons, her mode of

let me ask and answer some questions of similar

legal aspect. What in civil war is the specific act In the language of Bouvier, it is "a body warfare, may be changed and not her animus. and time which changes in law an 'insurrectionary of persons unite 1 in one community for the || My point is, this hostility was only an out- party'into a 'belligerent?'. I answer in the language defense of their rights." Or, as defined by growth of a settled enmity. If, then, this en

of the Supreme Court, when in fact 'tho regular

course of justice is interrupted by revolt, rebellion, Halleck, it is "& body-politic, a society of mity remains, what hinders a similar ontbreak or insurrection, so that the courts of justice cannot men united togethe: for mutual advantage and at any moment? May a State violate its com- be kept open.' safety."

pact with the General Government and again I do not perceive the force of this answer, for 39TI Cong. IST SESS.—No. 169.

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surely the honorable gentleman does not mean ligerents before its commencement. On the are conditions-precedent. Repentance is the to affirm that the condition of things he de- contrary, the continuance of these "ties'' is door and good works the evidence of its sirscribes carries a State out of the Union. If absolutely indispensable to its existence. The || cerity. But who is to judge of this? it does, secession is easy indeed. Insecurity moment these are severed civil war must ex- In our Government sovereignty or the power to this alarming extent would paralyze every pire. In this event the war necessarily becomes of which I have spoken is in the people. Its arm, destroy all confidence, and render Gov. || public. But no one claims that we have had a exercise is intrusted to agents. The

first of these ernments little else than nurseries of anarchy public war. And no one disputes but that we enacts, the second interprets, and the third exeand bloodshed.

have had civil war-bloody, wicked, remorse- cutes the law. They are three, yetoue. They are The state of things so graphically described less. Every fireside attests it; every house- one, yet three. They each have an orbit. The by the honorable gentleman should, as it did, hold mourns its cruelty. No one denies that departure of either from this imperils each as constrain the Executive of the nation to exer- this war assumed such proportions that the certainly as a like departure in any celestial cise the duty devolving upon him under article | insurgents were recognized as belligerents. | body from its orbit imperils itself and others. four, section four, of the Constitution—this But this by no means changes the status of | They are counter-checks, breaks upon the gove is all. Under this provision of the Constitu- | these States. Their relations only are affected. ernmental engine. If the legislative branch tion the President of the United States did in- || In the first relation, the insurgents are traitors, ll of the Government is hasty or unwise, the voke the military arm of the nation. This arm, amenable to civil law, the penalty of which is Executive stays its action, and enables it to as wielded by General Grant and his brave death. In the second relation, as belligerents take a “second sober thought." If the Excomrades, suppressed the “revolt,” dispersed || they escape the rigor of the civil code. The ecutive errs, the legislature may by the concurthe insurgents,” and these “insurrectionary fact that the insurgents in civil war are recog. rence of two thirds of its members correct the States,!' with suspended rights, still remain in nized as belligerents is equivalent to saying,

If the legislative and the executive the Union subject to its control and amenable you are so swollen by numbers that from mo- branches unite in error, the judicial branch may to its laws.

tives of humanity belligerent rights must be remedy their joint mistake. These provisions The honorable gentleman, in further reply to | accorded to you.

are wise, and though they may be inconvenient my colleague, says:

Why, sir, the circumstance that these mal- or even abused in some instances, yet we can"I answer him (Mr. RAYMOND] that it was that contents were recognized as belligerents only, not afford to abrogate them. specific act which turned her citizens into traitors, is proof conclusive that in the estimation of If, therefore, the insurrectionary States have took from her the loyal courts, statutes, constitution,

the nations of the earth these States are and || forfeited, or if any of their rights are suspended, tribunals, offices, and Legislature, and which filled them with traitors and kept them there. And if the ever have been in the Union and subject to its the sovereign power of the Government alone gentleman still desires the specific time when it hap- control; otherwise, with the strong and known can grant relief. But to which of its agents pened, it will answer all the purposes of my argument to reply, that it happened about four years

desire on the part of many of them to do so, must they apply? Not to the judicial, for she before the time when he has told us it did, to wit, instead of recognizing them as belligerents only interprets; not to the Executive, for he before she 'surrendered.""

merely, they would have acknowledged their only executes the law. There is but one reWith an emphasis peculiar and very becom- independence. Wheaton alleges that- maining. Practically, therefore, it is of but ing the eloquent gentleman, he exclaimed: “Until the revolution is consummated, while the

little moment whether we regard the govern. civil war involving the contest for the government “The destruction and supersedure of all loyal gov

ments of these States as dead, suspended, or continues, other States (foreign Powers) may remain ernment and law in South Carolina was a faot, not a indifferent spectators of the controversy, still contin

only deranged. As a precedent, it may be uing to treat the ancient Government as sovereign otherwise. Equally unimportant is it whether Does this meet the point of the interrogatory

and the Government de facto as a society entitled to we treat these States as in or as out of the

the rights of war against its enemy." of my colleague?

Union; for in either view it requires the same These incidents, announced with so much

From this authority there can be no doubt

interposition to reconstruct, restore, or to resforce by the honorable gentleman, are evidences

that these "rights of war” apply to the party urrect them. But we have authority in point. of crime, nothing more, and nothing less. resisting the ancient Government only dur.

The powers and the duties of Congress under Crime does not change the status, only the ing the contest for the supremacy. This being | article four, section four, of the Constitution relations of a State. The fact that the inhabdetermined by a surrender of the malcontents,

of the United States were examined and deitants of a State are guilty of treason and of the reason for the application of these rights

fined by the Supreme Court of the United usurpation cannot carry it out of the Union ; no longer existing, their application must cease

States in a controversy involving analogous the fact does not absolve from, but it actually | also, and the contestants are necessarily rerenders the actors amenable to law. The honmanded to the position of an offended sover

principles in a case reported in 7 Howard, 42.

The mooted question grew out of the fact that orable gentleman well says, “The destruction eign and of an offending subject.

within the State of Rhode Island two several and supersedure of all loyal government and

I insist this is the true relation which now

State governments were organized. The real law in South Carolina was a fact, not a law.' exists between the national Government and

point to be determined was as to which of these rebellious States. The argument proves too much. An alien can

these was the true government. This question

I further insist that to restore these States not commit treason against the Government of the United States ; a State cannot become to their normal relations without any restric

Congress had decided incidentally prior to

its being raised in court. The court say: tions is to make no distinction between virtue alien by ordinance, by treason, nor yet by re

“Under this article of the Constitution it rests and vice. bellion. Nothing less than successful revolu

To restore them without prescrib

with Congress to decide what government is the tion and the ability on the part of the malcon

ing any conditions is contrary to precedent, in established one in a State. For, as the United States conflict with analogy, repugnant to justice, in

guaranties to each a republican government, Contents to maintain their independence, in spite

gress must pecessarily decide what government is of the Government against which they have opposition to the spirit of the Baltimore plat

established in a State before it can determine whether rebelled, can invest them with alien rights;

form, the repeated and well-known views of it is republican or not." this only will justify any nation in recognizing

the present Executive of the nation, his imme- The power being unquestioned, the propriety the independence of such revolutionists, and

diate predecessor, and both branches of Con- of its exercise is all that remains. nothing less than this can carry a State out of

gress. The differences, therefore, which now Mr. Speaker, if men were indifferent to the the Union. It is the power, the might of the

exist among the loyal men of this country are future political control of this Government; if rebellious subject which the sovereign cannot

only as to the detail. They are no more vari- the position of Executive of this nation were overcome, that severs all the ties which bound

ant than were the views which divided the unsought; if the patronage within its gift were them, and clothes it with national robes. If a patriots who finally harmonized in establishing of no value; if selfishness had no place in State is out of the Union, it is alien; if alien,

our present form of government after the rev- political parties, the business of reconstructhen is it independent. One view preserves,

olutionary war. I cite one further authority. tion were easy. There are so many standthe other destroys the Union. Wheaton, at page 40, says:

points, the lust of power is so seductive, that Upon a careful examination I find no au

"The habitual obedience of the members of any patriots even need the prayers of the good. thorities in conflict with the views I have now

political society to a superior authority must have | I invite gentlemen to the stand-point where

once existed in order to constitute a State: but a expressed. True, the very able and distin- temporary suspension of tbat obedience and of that the controlling thought, the central idea, the guished chairman of the Committee on Appro

authority, in consequence of civil war, does not ne- settled purpose is, that loyal men, and they

cessarily extinguish the being of a State, although it priations [Mr. STEVENS) holds a counter-view,

only, shall rule this nation ; that loyal men, may affect for a time its ordinary relations with other but he founds it, as I understand him, upon States."

and they only, shall fill its places of honor and authorities he cited in a recent speech. I have It seems to me this authority is in point, and

of trust. If this is the President's stand-point examined these authorities, and as I construe that my second affirmation is established.

I am with him. If this is the congressional them, not even one of them sustains his pecu- 3. The relations of these States thus changed stand-point, I am with it. If in this the Exliar view. For illustration, take the first cita- and the rights thus forfeited can be restored only

ecutive and Congress agree, they should act tion from Vattel:

in concert. by the legislative branch of the Government.

I most cordially concur with the “When the parties in rebellion occupy and hold in Provisions are or may be made for the res

President, thata hostile manner a certain portion of territory; have toration of the relations and the rights of

“If there be five thousand men in Tennessee loyal declared their independence; have cast off their alle

to the Constitution, loyal to freedom, loyal to justice, giance; have organized armies; have commenced

which I have spoken. By whom? Is it by the these true and faithful men should control the work hostilities against their former sovereign; the world trespasser? No; but it is by the being or the of reorganization and reformation absolutely." acknowledges them as belligerents, and the contest power against which the trespass was com- The mere detail of reorganization is of but is war.

mitted. These provisions are as old as they. || little consequence. But the crowning fact, the This is all true. But what kind of war? I are universal. Adam could not restore him- cardinal doctrine, that loyal men must and answer, it is civil war, the existence of which self, neither could Payne, nor can South Car- shall rule this nation, like the stone cut out does not, as alleged by the honorable gentle- olina. In no instance is this restoration a of the mountain, shall increase until it alls man, "break all the ties that bound" the bel- matter of right, but purely of grace. There the entire land.


they do.''

Sir, the inquiry as to what governments now exist in these States, is a matter wholly for Congress. It is not a usurpation, it is not coveted by Congress, but it devolves upon this branch of the Government. The exercise of this prerogative is not to prevent the restoration of these States, but to promote this object. Congress is only an agent. From the murmurings of some, one might well infer that Congress were the offending party, and that these traitors are innocent and persecuted patriots.

4. The relations and the rights of these States should be restored as speedily as the interests of the parties concerned will permit.

Reconstruction is the natural fruit of the rebellion. If this fruit is bitter, attribute it to its wicked planting and more pernicious culture. The process of reconstruction involves such weighty interests that no desire, be it ever so worthy, for a speedy restoration of these States will justify a sacrifice of these interests. The question, in my judgment, is not may, but to what extent shali, Congress interfere with the municipal affairs of these States ? My reply is, to any extent that the common good may require. When these States were threatening the life of the nation no one doubted the right of the Government to defend itself. To this end it raised armies, fought battles, captured and disarmed their forces. This was not that they were alien enemies, but for the reason they were rebellious subjects. Our Government did this for the same reason and by the same authority that the ministers of the law arrest criminals or suppress a riot. The right to do this exists at all times. Crime only gives occasion for its exercise. But for the rebellion the exercise of this right would have remained inoperative. The exercise of this power is incident to sovereignty. It was to secure these and kindred rights that the General Government was established. Vattel says:

"A nation or a State has a right to everything that can help to ward off imminent danger and to keep at

distance whatever is capable of causing its ruin. And this from the very same reason that establishes its right to the things necessary to its preservation."

More particularly, allow me to say, the ThirtyNinth Congress of the United States is not acting for the present only, but also for coming ages. The General Government, the government of each State, no matter what its status, the citizens of each and their successors are interested in the business of reconstructing these States. Four million human beings just emerging into the sunlight of freedom; the millions to whom the perpetuity of our Government has ever been a cherished object; the vast numbers enervated and corrupted by a system that degraded and then sought to destroy our Government, and especially the loyal men of the rebellious States, are looking to this Congress in hope. Shall we disappoint or fail to protect them? Vattel asserts :

“The body of a nation cannot abandon a province, a town, or even a single individual who is a part of it, unless compelled to by necessity.”

Sir, there is a sublimity, yet a simplicity in truth. There is a conception so pure that all men do it reverence. There is a stand-point so elevated that no one fails to perceive the truth who occupies it. It is just where “justice and mercy meet and embrace." The enforcement of law is not inhuman; the Government that chastens its erring is not an enemy of its subjects; the parent who enforces obedience is not unmerciful to his child; these are evidences of the faithful discharge of Christian duty. Mr. Speaker, there is, there never has been, any opposition to, no hatred of, the South. The opposition is to traitors, the hatred is of treason; the object, to reform the first and to prevent a recurrence of the last. Is this exceedingly wicked?

Ours is not a Government for the white, nor is it a Government for the black, but it is a Government for man. To legislate for any class, irrespective of another, is equally unjust and ruinous to both. The attempt to do this

has drenched our land in blood and filled it villain into my house and allow him to share with sorrow.

in its control? Sir, it is claimed that the inhabitants of these There should be some discrimination between States recently in armed rebellion are repent- innocence and guilt, between loyalty and disant. Where is the evidence? Do they mani- | loyalty. Is the punishment I suggest too se, fest it by murdering Union men, by electing | vere? Listen to the President of the United traitors to offices of trust, or are we to believe States. On the 22d day of February, 1866, he it from their arrogance of manner and the || declared, “I came into power under the Conassumptions of their press?

stitution of the country and by the approbation The prodigal made no attempt to destroy, of the people. And what did I find? I found he only abandoned his father's house ; and | eight million people who were in fact conafter wasting his substance he proposed to re- demned under the law, and the penalty was

his language?" Father, I death." I inquire, how can they escape? By have sinned against heaven and before thee, || submitting to the situation;" by simply recogand am no more worthy to be called thy | nizing the rights of others. son; make me as one of thy hired servants. Mr. Speaker, there are others than these There was evidence of contrition. Let these criminals who are entitled to a hearing. Ages more than prodigal States manifest this spirit, of privation, centuries of wrong and oppres. and evidence their sincerity by appropriate | sion have rendered them weak. They, as well acts, and the “fatted calf” will be cheerfully as the eight million people now under the slain.

penalty of death, are asking to be heard. Are Suppose we were the conquered, and they || they entitled to a heari:g? Let us examine the conquerors.

What would they exact? the position of each. The condition of one Sir, should we receive these men, these con- is self-imposed; the sorrows of the other were spirators, whose unwashed hands yet drip with | wantonly inflicted. The first are trespassers; the blood of our slain; they as well as their the last have been trespassed against. One is descendants, our constituents, and our posterity the dispoiler; the other the dispoiled. One the universe of man would pronounce the class were made strong and powerful by a beThirty-Ninth Congress of the United States of neficent Government; they used this power for America as infamous as imbecile.

its overthrow. The other class have been enLook at it. Our soldiers sacrificed home and feebled and impoverished by that same Govall of its joys, turned their wives and their ernment, and yet they sustained it in its hour children over to the charities of the nation, and of trial. One has been guilty of inexcusable then they offered themselves upon the altar of || ingratitude, the other has been a living exemtheir country. By this patriotic devotion they plification of that more than human prayer, saved our Government from its enemies. In * Father, forgive them, for they know not what memory of this heroism, in reward of this love

One has been and now is a bitter, of country, it is proposed to admit their unre- implacable enemy; the other has been friendly pentant enemies into these sacred Halls to under almost irresistible provocation to hate. enact laws, and to make provisions for the pro- Which, then, has the highest claim? The first tection and the subsistence of their widows and committed treason against the Government of their orphans. In their agony, may not these their own choice; a Government under which insulted ones exclaim:

they had acquired wealth and power. The last "Had it pleas'd Heaven have been loyal to that same Government, yet To try me with affliction; had he rained

in its counsels they have never been heard, and All kinds of sores, and shames, on my bare head;

under it they have been degraded and beg. Steeped me in poverty to the very lips; Given to captivity me and my utmost hopes;

gared. One has fared sumptuously and been I should have found in some part of my soul

clothed in purple and linen; the other has lain A drop of patience: but (alas!) to make (my country]

at his gate wounded and sick and fed upon A fixed figure, for the time of scorn To point his slow unmoving finger at,

crumbs. I will not say one shall be "com

forted” and the other" tormented." I only Maddens my brain.''

refer to an ancient record supposed to be Sir, I can never, I will never consent to admit authoritative. any man as a peer upon this floor whose gar- But it is alleged the black man is ignorant, ments are crimsoned in patriot blood. I should unfit for citzenship: Grant it. But who made fear the avenging thunderbolts of an offended him so? Who robbed him of his earnings and God. What! Shall we voluntarily surrender then barred the school-house? Unfitted for to traitors the citadel the defense of which has

citizenship! He is guilty of no crime. He is cost so much? Has victory reduced our Gov- not under the penalty of death." His rights ernment to the alarming condition that it must have been unjustly withheld—the others were be administered by its enemies? If it has, then forfeited by law. He solicits the rights for is victory disaster, patriotism a crime, and de- which he has patiently waited and prayed for votion to country calamitous indeed. These centuries. Yet, being denied them, he has traitors could not take our capital by force; we obeyed the law, served his oppressors, and therefore yield it to them, that they may yet waited and prayed, and prayed and waited. triumph.

The other imperiously demands the rights he I would compel the rebellious inhabitants of forfeited under a law in the enactment of which these States to protect the loyal men within he participated, and he now insists he is cruelly their borders. I would require them to send | wronged because these rights are not restored loyal men to these Halls as representatives. I to him contrary to law. And what is more wouid have them understand, now and forever, | deplorable still, these criminals," these people that by reason of their criminal acts, no leader under the penalty of death,” claim superiority, in this rebellion, no man who has been edu- || and with an inpudence peculiar to unmixed cated at the expense of the Government or wickedness, with an arrogance begotten of who has ever held an office under it and then | slavery, not only claim the right to play the sought its overthrow, can ever hope to fill any tyrant over these ignorant, enfeebled and helpposition of trust, or exercise the elective fran- less black men, but with an effrontery unparchise. I would' impress upon each of these | alleled in history, they ask that they may men the sentiments so well and so truthfully | participate in the duties and powers of adminexpressed by President Johnson, "That the || istering the Government of the United States traitor has ceased to be a citizen; and in join- of America with honest and loyal wbite men. ing the rebellion has become a public enemy. “I charge thee, fling away ambition; He forfeited his right to vote with loyal men By that sin fell angels; how can man, then, when he renounced his citizenship, and sought

The image of his Maker, hope to win by 't." to destroy our Government." I would enforce Mr. Speaker, if I have succeeded in my these doctrins if it took an army of two million

purpose I have shownmen. This being done, in my judgment, these 1. That neither the acts of secession nor traitors should still thank Almighty God and the war have in any way abridged the powers an indulgent Republic that their conditions are or the jurisdiction of the General Government made so easy. What! When I have repulsed over the insurrectionary States. and disarmed the assassin, must I take the 2. That these States are still in the Union,


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but by reason of their criminal acts, they have put liberty to sleep upon any Procrustean bed struction, the opinions, or the prejudices even, forfeited the right of being represented in our made by the fathers, much less strangle it in of the thirty thousand men of Tennessee who national councils.

the cast-off garments of its own childhood. fought with us, and of the other thousands of 3. That the legislative branch of our Gov. American liberty is equality before the law, other States who, standing in the very path of ernment only can restore this right and relieve and the protection of person and property. the terrible tempest, never wavered in their these States from their present disabilities. No emancipation is complete which does not loyalty as it swept away their all, and brought

4. That these disabilities should be removed secure these primary rights to the freedman. | to their hearth-stones unutterable forms of woe and these States should be restored as specdily | Nothing less will satisfy public opinion or ac

and death. as the safety and the interests of the several cord with the spirit of the amended Constitu- But, sir, while I am anxious for harmony parties concerned will permit.

tion. Political heresy must be excluded from among the friends of the Government, I spurn In conclusion, I remark, men die, principles places of power, and never again permitted to with a righteous scorn the arrogant claims and The individual who orders his life and

insulting advice of the State criminals who have shapes his course for no purpose other than to tion. It is the simplest dictate of legal justice | been put upon the stand to testify in respect to secure the popular applause of to-day; the party and political prudence that the leaders of the the amiable deportinent and loyal attitude of a that is actuated by no loftier impulses than rebellion, who have been foiled in their at- population which the Government has not yet expediency; the Government that ignores the tempt to destroy the Government, but not dared to let slip from its mailed hand, and to cardinal principles of justice and truth, must purged. of their purpose or their bate, should || signify upon what conditions these squelched expect an ignominious grave. Statesmen and be banished forever from the halls of legisla- rebels will deign to resume their functions in philosophers pass away and they are forgotten. tion, the courts of justice, and the seats of

the Union. The impudent and unblushing But principles live on. In the ages when i administration. It is equally clear that time assurance with which these rebel leaders, after inscriptions which chronicle the fame of the

should be allowed to remove the prejudices | their utter overthrow and humiliation, rehearse wisest, no matter how deeply engraven, shall and soften the asperities of a hostile popula- their defunct dogma of State sovercignty, and have been entirely effaced, these principles, tion, ere they are permitted to exercise the plead their constitutional right to an exemp. radiant as were they when the stars hymned elective franchise and sway the forces of polit

tion from all disabilities, and a resumption of their first song of praise, shall speed on, shall ical power. Can these grand results of the all privileges, is such a burlesque and mockery of prosecute their work until the will” of the revolution be fixed by permanent guarantees the stern realities of the time as the genius of Sovereign of all shall“ be done in earth as it is in the present discordant state of public senti Aristophanes never reached. Guilty of every in heaven."

ment? I answer unhesitatingly, they can and political crime, and deserving a thousand fold Mr. PATTERSON. Mr. Speaker, the able will be. The common sense and common the taints and forfeitures of treason, they assert and protracted debate on this floor and in patriotism of the pecple, which have bafied their innocence in the face of an insulted but the Senate upon the subject of reconstruction the force and the machinations of treason, | magnanimous people. Standing above the has been of an extraordinary character. It which have brought the latest and mightiest graves of three hundred thousand victims of has involved largely first truths in political conflict for civil liberty to the most splendid their wrath, these men who have made the very philosophy, and reminded one rather of the triumph of history, will not in these first days air hot as the shirt of Nessus with their poisolenn and earnest discussions in the Conven- of restored peace be cheated of the fruits of soned words of malediction and denunciation tion of 1787 than of the forensic encounters of victory by the craft of politics or the passion against the Government, insist upon being proan ordinary Congress. of parties. With such a past, our faith may

pitated, and demand admission to the forum Nor has the interest been confined to these repose upon the people and the God of na- of legislation, the halls of justice, and the seats Halls. The people of the whole country have tions for the future. Differences of opinion

of administration. Are we not turning this followed these debates from day to day with a and strong language are to be expected and bloody tragedy of revolution into a comedy of profound sense of the reach and magnitude tolerated upon great and abiding questions of errors? Why, sir, the culprit at the bar pleads of the principles involved in the issue. No national polity. A party which can boast of the magnitude of his crime as a ground of graver or more difficolt questions ever per- an undisturbed unity of sentiment in a forma- | acquittal! Nay, he even claims the right to plexed a legislative assembly.

tive epoch like this, has either become too ascend the judgment seat and pass judgment The prudent hand of free labor has given corrupt or too imbecile to be of service to the upon his accuser, and threatens ere long to the products of three generations and pledged State.

assume the place of the executioner. the wealth of the children to maintain the in- We are reminded that leading Republicans "0. judgment, thon art fled to brutish beasts, tegrity of the Government; the blood of half in Congress and out of Congress are in conflict;

And men have lost their reason.' a million victims, innocent of the crime of so were Hamilton and Madison in the Consti- With all deference to the opinion of others, oppression, has redeemed four millions of a tutional Convention, but they stood together I think these men have no business here but to despised race from a debasing servitude, and in the production of the Federalist, that immor- plead for pardon. The court which takes testhrown them, poor, ignorant, and helpless, tal argument for the adoption of our organic | timony from the criminal sits upon a rotten upon oar charity and justice. law so largely the result of their combined wis

throne. The Government which seeks counThese precious results of popular sacrifices | dom and forbearance. We should invoke

sel and support from its enemies is both weak and sufferings must be made secure against the upon our deliberations the spirit that blended

and treacherous. Sir, it is the right of those subtile craft and embittered hate of an experi- firmness and moderation, and harmonized withenced and powerful foe by the statesmanship

whose political tenets are universal liberty and out the sacrifice of principle, conflicting views universal justice, and who have hallowed their of this Congress, upon whom Providence has and interests in the councils of our fathers. creed with their blood, to make conditions of devolved the task of perpetuating the Republic Some among us would have universal suffrage, return and to rebuild the shattered fabrics of and of insuring the liberty and welfare of its while others would exclude in perpetuo all who entire population in this and the generations have participated in rebellion from the politi- | obviate future antagonisms and conflicts in the

State governments on principles which will to come.

cal rights which attach to citizenship. These sisterhood of States. I would pay to these Posterity will hold us accountable for the things may be right. Are they possible? Can fallen chiefs the tribute due to men who were improvement of this splendid opportunity of abstract justice be realized in any form of civil liberty. It is the offspring of the ages,

brave in a bu cause, and would give them the human institutions? Men are not made for privilege to live and die in unmolested obscuand has been brought to the birth in our time, Governments, but Governments for men, and rity. All is not lost," even to them. They amid the shock and agony of revolution, for must be adapted to their circumstances and the realization of grand and beneficent pur

invoked war upon the land, and in the bloody wants.

carnival the slaves have done what their fathers poses in the divine economy. The Machiavel- Self-government is not possible for savages, lian dogma, that it matters not whether we act

did, asserted their inalienable right and made nor absolutism for an educated and virtuous

themselves free. The Nemesis of national or how we act in these unsettled and pregnant people. Between these extremes there must times, is dangerous teaching.

justice has swept away the opulence which be political gradations to meet the varying con- they had wrung from unrequited toil, has de. In this transition period, when a mistake ditions of society. So in the restoration of the prived them of the power to dispense an elemight be fatal to liberty, the people will not States to their Federal relations, we cannot be lulled into security by any Circean form of ignore the past or blink out of sight the num

gant and magnificent hospitality in the sweat

of other men's brows; hut Providence has speech. Nor will they long submit in patience bers who have been in arms against us. Vat

kindly left them the consolation of their hounds to the narrow ambition and unthinking zeal || tel, in defining the conduct due to insurgents, which attributes to a question of temporary

and fighting cocks. As they sit amid the ruins says it should be “ such conduct as shall at the and desolations of their great plantations, iheir policy the importance of essential principles, same time be most consonant to justice and the chastened spirits may still find fit utterance in and stakes the permanent welfare of the coun. most salutary to the State. Subjects who rise the sweet lyric of Cowper: try upon a personal triumph. They demand against their princes without cause deserve wise but decisive action, and hold in healthy

"I am monarch of all I survoy, severe punishment; yet even in this case, on

My right there is none to disputo; contempt subtile dialectics and musty prece- account of the number of delinquents, clemency From the center all round to the sea, dents which there is no power to enforce, and becomes a duty in the sovereign."

I am lord of the fowl and the brute." which each nation accepts or rejects as will Neither can we shut our eyes to the general When we look simply at the future peace and best subserve its interests. Justice and public || ignorance, inexperience, and subserviency of safety of the Republic, the work of reconstrucsafety are to them the natural and supreme law, the emancipated. I do not counsel, and would tion seems simple and unperplexed. and by them they will test our work. They not allow any concessions which would jeop- That the governments of the insurgent States demand that these shall be realized in the set- ardize the safety of the Government or the wel- should be reorganized by and maintained in the ting up and readjustment of the disorganized fare of the freedmen; but we cannot wholly hands of men sincerely loyal, is too nearly selfStates. They will never consent that we should Il disregard. in laying down our platform of recon- evident to admit of argument. It is equally

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