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against each other in opposition to the policy | ceased. He is still making war on the South. the vengeance to which he could give utterof the Republican party which Mr. Johnson He is still denouncing them as rebels. He is ance, declares here, when I put the question inherited from the Administration that went still firing the northern heart and treating to him and brought him to the point, that he before him.
them as if they were still in arms against the himself would not try but five or six.
Government. Sir, that is not the duty of this I will just refer to one or two of the condi-
hour. I know very well that when we were in tions which are contained in the pardon. The You that mingle may.'
the midst of this great war that with whatever | President grants to an individualNow, Mr. President, I will turn to another force of language or of sentiment or of thought "Full pardon and amnesty for all offenses by him point. The Senator from Nevada denounces I have been endowed I have urged upon the committed, arising from participation, direct or im
plied, in the said rebellion, conditioned as follows: me, as well as the honorable gentleman who people when the war was pending to wake up
"1. This pardon to be of no effect until the said A sits beside me, [Mr. Cowan,] because we sus
all these tremendous powers.
I remember B shall take the oath prescribed in the proclamatain here what are denominated State rights.
on one occasion to have used this language, on tion of the President, dated May 29, 1865.' Sir, I do stand here to defend State rights-not the 9th of February, 1864:
And, sir, what is that oath? It is an oath State wrongs, but the rights which do belong to “War and not peace is our real situation. What by which the party solemnly swearsthe States under the Constitution; not a right
ever may have produced this state of things, war is
"In presence of Almighty God that I will henceto secede from the Union, not a right to break with all itsstern duties, and wo must fight it through.
forth faithfully support, protect, and defend the Contip the Government, not a right to overthrow At this hour, whatever will give strength to our ar
stitution of the United States, and the union of the mies in the field and bring revenue to support them,
States thereunder, and that I will in like manner the anthority of the Government and form a demands the first consideration of Congress and of
abide by and faithfully support all laws and proclanew Government; but the rights which the every department of this Government. If left to me
mations which have been made during the existing Constitution does secure are just as sacred to I would speak but one word, 'Fill up the ranks, press
rebellion with reference to the emancipation of on the columns.' To spare the unnecessary shedding
slaves. So help me God." me as any other right for which my heart ever
of blood; to save the resources of the country: to solve Every man who accepts this pardon takes it aspired or my voice has ever pleaded. I tell all financial questions, and put our credit upon a hayou, sir-and that, in my judgment, is the great
upon condition that he will support the emansis so strong as to command the money of the world, I
would speak no other word but 'Fill up the rpnks, cipation proclamation of the President of the mistake of the men who are continually strain
press on the columns.' To secure liberty and Union; United States and all the laws of Congress ing every nerve to centralize all power here in
to secure peace with all the other nations by inspirthe Federal Government-I tell you, if it were ing them with respect, and to put a final end to that
passed in relation to the emancipation of the the last word I ever uttered, that unless we can conspiracy, founded on slavery, which makes war
slaves. This binds them by the express conagainst us, I would still say, as the most radical and dition of the pardon itself. If they violate it, defend the rights of the States, it is in vain to at the same time the most certain of all measures,
if they refuse to obey those laws, if for any hope that we can defend the rights of any indi *Fill up the ranks, press on the columns." vidual citizen who resides within the States. That, sir, was the language of myself as a
reason they shall violate this oath, not only the
crime of moral perjury rests upon them, but For the great mass of human rights, the rights || humble member of this body when we were
the pardon itselt becomes absolutely void. which I have in my family, in my wife, in my in the midst of the war, when blows were to be children, in my home, in all my surroundings, struck and victories to be won or all to be
What further, Mr. President? This pardon
contains another condition, that it is is to be in my reputation, in my person, in all the great lost. That was the language when I could
void and of no effect if the said AB shall rights which I hold dear, I find my protection feel in my soul that the very life of this country
hereafter at any time acquire any property in the power and independence of the State in depended upon the many arms of her sons;
whatever in slaves or make use of slave labor." which I live. It is Wisconsin which defends whether the country was to live or die depended my wife, my children, my homestead, all those on whether we could crush the military force of
The great majority of these pardons were near and dear liberties that cluster around and the rebellion. Sir, we have crushed it, in the
issued before the constitutional amendment
had been adopted by a number of States suffi. make life on earth desirable. The Federal | blessing of God, we have broken it down; it Government defends Wisconsin from aggres. || has surrendered; and now what is our con
cient to ratify it. Bear in mind that the great sions from abroad. The Federal Government dition? Peace. What are our victories now
object, one of the very greatest objects in view defends Wisconsin in the enjoyment of free and to be won? Moral victories. Then it was mil.
in the closing up of this rebellion was the utter
extirpation of slavery; and every man who took unrestricted commerce and liberty with the itary victories, the war of forces; now it is a other States of the Union. But, sir, when it war of mind with mind, heart with heart, judg
a pardon bound himself to favor the proclamacomes home to the liberties of the individualment with judgment, sentiment with sentiment,
tion of emancipation and bound himself never
to own any slave labor or to buy or sell a slave. citizen, I tell you that State rights, and State | prejudices to be overcome, hearts to be warmed rights alone, are their protection; and the man into affection to the Government; and the man
This was binding them in advance of the paswho overlooks it does not understand the very who does not know that in a moral warfare | sage of the constitutional amendment. Iunder
take to say that no wiser, more politic, or more foundation on which our liberties rest. magnanimity is more powerful than denuncia
efficient instrumentality could be used in the Sir, while I would give to this Government | tion, that love is more attractive and powerful southern States than to bind the men who every power which the Constitution gives, while than hatred, knows nothing of the human heart. I am willing to sacrifice all that I have and all He has not read history, he has not studied
sought pardon to favor emancipation and the that I am to maintain its supremacy, I tell you statesmanship, he knows nothing of Chris
emancipation proclamations and the extinction
of slavery. Sir, to whom were these pardons with just as much earnestness that I am for tianity or of its divine teachings, who does not defending the rights of the States under the know that a fallen, stricken foe, surrendering
given? Generally to those men who have propConstitution from being aggressed and en to your power, is better governed by magna
erty. If a man living in a State where slavery croached upon by the insidious legislation of nimity than by vengeance, by love than by hate.
existed is not permitted himself to own slaves,
does he desire that the institution of slavery Congress. Let no man, therefore, stand up to But, say these gentlemen, the President is
should exist around him? Not at all. It makes charge me with believing in the doctrine of abusing the power to pardon. I have in my secession. The right to secede is not one of | hand one of the forms of this instrument which
it his interest, his policy, as well as his sworn the rights of the States; but it is one of the is executed as the pardon. It is executed upon
duty, to do all in his power to extirpate slarights of the States to defend and control their conditions, and the conditions which are im
very, what we were trying to do.
Men are own domestic institutions. I say to gentlemen | posed have commanded the judgment and the
denouncing the President of the United States here who are pressing every nerve to concen
for doing the very thing for which we had been admiration of the world. Sir Morton Petotrate all power in this Government that they | if my honorable friend from Massachusetts will / struggling in this contest, denouncing the par
dons given by the President when they were are sleeping on a political volcano of which allow me to quote a titled authority-Sir Morthey form no conception-a volcano that will ton Peto, when he returned from this country
the greatest instrumentality to influence that. sweep them and the party that they sustain out to Europe, spoke of the conditions which were
people and operate upon the minds of that peoof power, if they continue to trespass upon the contained in this instrument of pardon upon
ple to bring them to favor the emancipation of rights of the States, with as much certainty, || which the rebels renewed or declared their
the slaves and the adoption of this very con
stitutional amendment. and consign them to as much condemnation as renewal of allegiance to the Government as a the old Federal party of 1800 ever received at thing which would challenge the admiration of
I say, then, let us hear no more of this denun
ciation here because the Executive in the exerthe hands of the American people.
mankind. One would think, standing here Sir, to defend the rights of the States is our and listening to the arguments of gentlemen
cise of that high power with which the Consti
tution has clothed him, bas used his power in great duty now. We have fought the battle for like the Senator from Nevada, that we were in the Union. We have crushed all opposition | the court of St. Petersburg dealing with
the most potent way possible to destroy the
institution of slavery, at the same moment that to its supremacy. We have compelled every Poland, or that we were in the court of some armed rebel to ground his arms and submit to its of the tyrannical kings of England dealing
he was binding them by oath, by interest, and authority. All the war forces and war enginery | with Ireland. " Confiscation !" Hanging !
by duty to support the Government of the Uni
ted States. of this great Government are waked up and “Infernal rebels-give them no terms and are in full play. The train is made up, the
Every pardon was accepted by the person no quarter!” “They are no longer to be engines are in motion, and all the danger is regarded as worthy of the name of an Amer
receiving it upon these express conditions. I
have before me the form of acceptance adthat now that the war which waked up these ican citizen," though they have surrendered, forces to engage in it have ceased, now that taken the oath of allegiance, laid down their
dressed to the Secretary of State: peace has come, we must still keep the war arms, and for months and months, and for
Ilon. WILLIAM HI, SEWARD, Secretary of Sale : engines on the track, and the war powers in a whole year or more have shown by their acts
SIR: I have the honor to acknowledge the receipt
of the President's warrant of pardon bearing dato full operation. and by their conduct that they are determined
186—, and hereby signify my acceptance of In my judgment, that is the great mistake to live at peace and in subjection to the laws the same, with all the conditions therein speeitied. which the honorable Senator from Nevada of the United States; and so well have they There is one other point in the Senator's makes. He does not realize that the war has behaved that even the Senator himself, with all speech to which I wish to call attention.
has repeated here time and time again during | House and it does not belong to the President That is the point with me. Whether we his discourse that the purpose on our part who and it does not belong to the Supreme Court; allow the House of Representatives to say we sustain the policy of the Administration is to and I would no more regard the Sergeant-at shall have Senators in this body from Tennesbring immediately into the Halls of Congress Arms of the House than I would regard the see or not is a mere matter of courtesy toward unwashed, bloody-handed rebels, with their marshal of the Supreme Court or than I would the House, not a question of power. I do not skirts yet smoking with the blood of our sons. regard the private secretary of the President admit their power to control us on the ques. Mr. President, I hurl back the charge as utterly if they should come here to tell us whom we tion of the admission of members. We have unfounded. There is no man here sustaining should admit or whom we should exclude. No, the right to admit them if we choose to do it, the policy of the Administration that has ever sir, we by the Constitution are made the whether the House join or not; but if a joint avowed any such doctrine as that. The im supreme judges of the fact whether Senators resolution is brought forward now I am permediate admission of unwashed rebels! No, are elected, whether there is a Legislature to fectly free to vote for it. I never stand upon sir, no! elect them.
mere forms. It is only when the doctrine is It has been charged again and again, the Mr. President, gentlemen have supposed | avowed and urged that this body has not the newspaper press has been loaded down with that on one occasion here they found the Sen power and the jurisdiction over the question, these infamons falsehoods, for infamous they || ate voting that Congress must join in some act and when it is songht to gag this body and are, in charging upon the President or his sup before members could be elected. True, sir; bind it hand and foot so that it cannot act upon porters that it was their purpose to bring into and when was it? We were in the midst of the the question until it shall receive the assent Congress rebels to rule the Government. It is war, and the question came up whether we of a majority of the House, which may be conutterly false. But what have they contended should allow them to elect presidential electors trolled by some outside party caucus arrangefor? They ve contended that Congress to take part in the decision of the question of ment under the lead of the member from should judge, the Senate for itself, the House the Presidency. There was a bill pending here | Pennsylvania, that I protest. I am not willing of Representatives for itself, upon the admis. to organize all the southern States as Terri that the Senate of the United States should sion of its members. My friend upon the right tories; the bill had passed the other House | surrender that jurisdiction which the Constitu[Mr. SUMNER] smiles as I refer to this argu under the lead of Mr. Davis, and in this body tion has vested in it absolutely without appeal ment. It is an argument which he never has was urged by the Senator from Obio, [Mr. and alone in the Senate. That is the point I met and never can meet. I say that the Sen WADE.) Mr. Brown, of Missouri, moved as make. ate of the United States under the Constitution a substitute for that bill a proposition which Mr. President, I have not referred to what is made the sole judge when a person coming
declared that during the insurrection those the honorable Senator from Nevada brought to its doors shall enter or shall not.
I say that
States should not elect electors for President | forward and made so prominent in his speech the President of the United States has no more and Vice President; that those States should | to-day, to wit, my action upon the Freedmen's to do with that question than the judges of the not elect members of Congress until there was Bureau bill or the civil rights bill. I have purSupreme Court, and I would spurn any attempt a proclamation made by the President in pur posely refrained from that for the reason that by either President or court to overrule the suance of an act of Congress to that effect; and when those resolutions, to which I have already Senate in its judgment on that question. Sir, it passed without any discussion on that ques. | referred, of the Legislature of Wisconsin shall I put a case not long ago in reference to the tion.
be taken up, and I be permitted to speak for State of Maine; I will call it again to the atten Mr. CONNESS. Will the Senator permit | myself and of my own action upon that subtion of the Senate. It is necessary some times me to ask him a question ?
jeet, I intend to cover the whole subject at that things be repeated and repeated again and Mr. DOOLITTLE. Certainly.
once and not trespass more than once upon again. What was the case I put? A State Mr. CONNESS. The Senator yields so sel the attention of the Senate, and therefore I may be interrupted by civil war or foreign war. dom that
have put these two questions aside for to-day. If we were engaged with a war with England, Mr. DOOLITTLE. On this point I am will I conclude, sir, by saying, as I said in conher forces might come down the river St. John, ing to yield. I am not in any particular argu clusion yesterday, that the amendment now perhaps, advance into the State of Maine, and ment just here, and I am willing to be inter pending before the Senate is meant for and capture a portion of the State, as she once did rupted.
intended for nothing else than to declare a want in the war of 1812. Suppose she should cap Mr. CONNESS. I propose to ask the Sen of confidence in the Administration, to attack ture one of the congressional districts, could ator if he does not know that upon the question the Administration in that particular thing in that district elect a member to the House of of the admission of Louisiana, under the recom which never in the whole history of the GovRepresentatives? No, sir. Suppose she should mendation of President Lincoln, it was never ernment has Congress ever sought or attempted capture two, could those districts elect mem proposed, either by the President or anybody to attack an Administration betore. bers to the House of Representatives? Not at else, that the Senators from Louisiana should I object to the amendment, also, for the all. Maine has five congressional districts. enter this body until both Houses, by the form other reasons which have been stated, and If Great Britain should capture all but one, of a joint resolution, had first settled the ques they have been stated by others so clearly that could that one elect a member to the House tion; and I now ask in more concentrated form I shall not occupy the time of the Senate in of Representatives? Although foreign war had of the honorable Senator whether the then || pursuing them further. I have risen simply overrun four fifths of the State, four of the five President of the United States, Mr. Lincoln, to reply to one or two of the charges made congressional districts, still that one district or himself, the honorable Senator, ever pro to-day by the Senator from Nevada, namely, would be entitled to its representation in the posed to admit the Senators chosen in Louisi that the Administration had been derelict in not Congress of the United States. How would ana, under that so-called State government, in bringing traitors to trial, that the Administrait be with the Senate? If the enemy should any other manner than under the form of a tion had been derelict in the pardoning power; capture one district or two districts, Maine joint resolution first.
and to reply, also, to a charge which he made could still elect a Legislature; but suppose Mr. DOOLITTLE. I will answer the Sen- || against me, though I do not think that he inshe was to capture four of the five districts of ator. I voted for the resolution, or struggled tended to charge me with it in an offensive Maine, could Maine elect a Legislature? No, for the resolution, in that form, a resolution sense, that I was an advocate of the doctrine sir, Maine could not elect a Legislature. If that was reported by the Senator from Illinois of State rights. I have explained on this occashe could not elect a Legislature, she could from the Judiciary Committee.
sion to some extent the views which I enternot elect a Senator. Could not the Senate Mr. CONNESS. And in no other form. tain on that subject. judge of the fact whether Maine was in a con Mr. DOOLITTLE. There was no other form Mr. SAULSBURY. Mr. President, it was dition to elect a Legislature, whether there presented; but the Senator from Illinois knows my intention to make some remarks in reply was a Legislature to elect a Senator, as well very well what my opinion was on that subject, to the kind allusions of the honorable Senaas judge whether the Senator had been elected and what his was, that it was not essential to tor from Nevada to myself; but I see that he according to the forms of law? So, in such a the power of the body that there should be a is not in the Chamber. I am no sportsman. case as that Maine inight be entitled to a Rep joint resolution; but a joint resolution would I am told, however, by sportsmen that while it resentative in the House of Representatives receive the sanction of some members which is the best mode of shooting a bird to fire when when she would not be entitled to a Senator the measure could not receive if it was put in he is on the wing, I never heard one say that it in this body. the other form.
was wise to shoot when the bird was out of It is just so with a civil commotion or civil war. Mr. CONNESS. Now I will thank the Sen- | sight; and therefore I shall not trouble the A civil war may disturb one district in a State ator for one instant more of time and will not Senate now, but shall take occasion when I so that it cannot elect a Representative, and yet trouble him again. Did the Senator ever hear shall see the Senator present, provided the the other districts may. When they had a the then President of the United States, Mr. occasion is a proper one, to return the complirebellion in Massachusetts long ago, and one Lincoln, object to the passage of a joint resolu ment which he paid me yesterday. of their congressional districts was overrun, tion declaring Louisiana under that organiza Mr. HOWARD. Mr. Presidentperhaps it was so disturbed that they could not tion fit for union with the other States?
Mr. CONNESS. If the Senator from Michielect a member of Congress at that election, Mr. DOOLITTLE. No, sir.
gan will give way I will move that the Senate while all the other districts might. So if a Mr. CONNESS. Nor anybody.
proceed to the consideration of executive busiwhole State should be overrun by a civil com Mr. DOOLITTLE. Nor did I ever object motion, it might not be in a condition to elect to it; and if you will introduce a resolution to Mr. SHERMAN. · I appeal to my friend a Legislature at all. Could not the Senate morrow declaring Tennessee entitled to repre from Michigan. I suppose he desires to adjudge of that? The Senate has the right to sentation I shall not object to it; but at the dress the Senate npon political questions. judge whether there is a Legislature to elect a same time I do not surrender the power of this
Mr. HOWARD. I desire to address a few Senator, and the supreme judgment is given to body to judge whether Senators shall come in, || words to the Senate. this body, and it does not belong to the other whether the other House agree to it or not. Mr. SHERMAN. I will ask the Senator, as
39TH CONG. 1st Sess.-No. 159.
the debate has become somewhat personal, || that you do not now do it. I consider the Fed. || apparent, and that is to secure the success of whether we had better not dispose of this mat eral restraints upon the States in reference to the Republican party, even in the event of the ter and get this bill out of the way. I would rights of citizens as now in the Constitution overthrow of the Union. like it as a personal favor. This bill is under safe and sufficient. I feel it, in consequence, my
Now, Mr. Speaker, what have we in the oppomy charge, placed there in consequence of the || imperative duty to oppose this section. Grant sition to this plan of procrastination and delay? sickness of the chairman of the Committee on this power, insert it in the Constitution, and The President, immediately upon his accesFinance, and I should like to have it out of the how soon will the privilege of determining who sion to the Presidency, took up the plan which way.
must vote within the States be assumed by the Mr. Stanton informs us was the mode which Mr. HOWARD. The Senator from Ohio is Federal power? Gentlemen here admit that Mr. Lincoln had marked out for himself; and .not more anxious to dispose of the present bill they desire this, but that the weak kneed of their he has steadily pursued it, regardless of threats than I am, still I cannot very well suffer the party are not equal to the issue. Your purpose
and clamor, exhibiting a moral courage of the occasion to pass without making a few remarks is the same, and but for that timidity you would cqual of which we have but rare instances in upon some of the numerous subjects which now ingraft negro suffrage upon our Constitu• || history, Thus guided by wisdom and prudence, have been drawn into the discussion. If it is tion and force it on the entire people of this he has brought us along until now the admisthe desire of the Senate to go into executive Union.
sion of loyal representatives in Congress from session I will yield.
The second section, to my mind, is ambigu the late rebel States is all that is required to Mr. SHERMAN. Does the Senator desire ous, and is liable to a doubtful construction. complete and make perfect our Union. to speak upon the particular subject pending- | What does this amendment mean? Does it His plan is simple and effective, just and on the question of removals?
mean that those males over twenty-one years equitable; and acceptable, as I believe, to & Mr. HOWARD. Mr. President, I propose not allowed to vote shall not be counted in the vast majority of the people both North and to address the Senate on the bill and the våri basis of representation? If so, why not say so
South. What is this policy? ous other subjects which have been regarded in terms; but if it means, as it may, that the 1. That the southern States are in the Union. as cognate and relevant thereto by certain other diminution of representation is to be in pro Their ordinances of secession being null and Senators.
portion they bear to the voters, it may deny all | void, they have never been out, and are legally The PRESIDENT pro tempore. The ques. or greatly abridge representation. Suppose, entitled to representation in Congress. tion is on the motion to proceed to the consid for instance, a State with one hundred thou 2. That whenever the people in any of those eration of executive business.
sand voters, and a similar number excluded, States elect Union men, of whose loyalty there The motion was agreed to; and after some if proportions are considered this State would can be no question or doubt, it is the duty of time spent in executive session the doors were seem to have no Representative. I desire that | Congress to admit them. reopened.
my colleague, [Mr. STEVENS,] the gentleman 3. That all those claiming seats in Congress MESSAGE FROM TIIE IIOUSE.
having charge of this legislation, shall answer from the southern States who were prominently A message from the House of Representa
what they claim it to mean, so that the issue identified with the rebel government or rebel tives, by Mr. McPherson, its Clerk, announced
when before the country may be rightly under army should be immediately rejected and their
stood. that the House had passed a joint resolution
constituents requested to elect loyal Union (H. R. No. 127) proposing an amendment to
In addition, this section makes an entire men in their places. the Constitution of the United States, two
change in the basis of representation, which The issue is now made up, and to the people thirds of the members of the House having should in every country rest upon inhabit we must appeal. It rests with them whether
ants. This is the safest and has been found agreed thereto. At the suggestion of Mr. Fes
we shall at once permit the people in the eleven to work the best. I do not consider there is States to do as Generals Grant and Sherman SENDEN,
the joint resolution was read twice by its title, and placed upon the Calendar.
any need to change, more especially when a told the soldiers of their disbanding armies to On motion, the Senate adjourned.
large portion of our people with whom we do-go home, resume their occupations, be hope for all time to live on terms of peace and || good citizens, and then promised them that
equity are not now here to present their views they should not be disturbed. HOUSE OF REPRESENTATIVES. and consider the effect this legislation will No real and hearty peace can for years come Thursday, May 10, 1866. have upon their interest.
from the course the majority in this House are The House met at twelve o'clock m. Prayer
The injustice and the animus of the third | pursuing. You are continuing to do with the by Rev. T. R. HOWLETT.
section have been so fully stated by gentlemen || loyal people of the South what the rebels did The Journal of yesterday was read and
on the other side that I will not consume my during the war, persecute and contemn them. approved.
limited time in reproducing, but dismiss it All this is unjust, and is not the way to approach with the remark that it is intended to secure restoration. Let us leave the war-path, and
what you most wish, an entire disagreement return to the ways of friendship and peace. The SPEAKER. The first business in order
to the whole scheme by the eleven southern Complaint is made, Mr. Speaker, of the supis the consideration of the joint resolution | States, and a continued omission of represen- | port which the Democratic party, as a party, reported by the committee on reconstruction, tation on this floor. This brings me to an throughout the country is giving to the Presion which the gentleman from Pennsylvania | other point in the argument of the gentleman dent in his plan of restoration. That should [Mr. RANDALL] has the floor. from Pennsylvania who introduced this report. not surprise any one.
The Democratic party, Mr. RANDALL, of Pennsylvania. Mr. The fourth section I need not discuss, because during the period of the war, have closely Speaker, in discussing this question briefly, as I believe if that proposition was presented to adhered to the Constitution and the laws of the I am compelled to do by reason of the limited this House as a simple proposition it would be country. They find in President Johnson that time allowed me, I shall advert to the proposi almost unanimously adopted. The gentleman same disposition to adhere to the Constitution tion now before the House as a whole, not under from Pennsylvania (Mr. STEVENS) tells us and the laws. The course of the Democracy, taking a lengthy discussion of the various amend
“Upon a careful survey of the whole ground, we in their support of the President, is actuated ments which have been proposed, and I trust did not believe that nineteen of the loyal States could by a devotion to principle. It does not emathe chairman of the committee (Mr. STEVENS]
be induced to ratify any proposition more stringent
nate from any seeking for office or from any will, when the proper time arrives, call the scorn the idea that any State not acting in the Union other sordid motive. previous question, and in that manner induce is to be counted on the question of ratification." There is another matter to which I wish to a vote upon the main proposition as embraced In this respect let me say that the gentleman direct the attention of the House, and through in the whole five sections of the proposed amend must fly directly in the face of the decisions of the House the attention of the country. I ment to the Constitution.
the Supreme Court of the United States; he would suggest that in the view of just and And for that purpose I desire to analyze the has to put at naught the precedent established reasonable men the time has arrived when this various sections of the proposed amendment. in reference to the amendment of the Constitu system of virulent abuse of the President of The first section proposes to make an equality | tion abolishing slavery; he has to overcome
the United States should cease. It is time in every respect between the two races, not what is clearly the common sense judgment | that there should be an end of these appeals withstanding the policy of discrimination which of the people of this country upon this point. to the morbid feelings and prejudices of the has heretofore been exclusively exercised by || And moreover, I believe his opinion, as there people of the North, appeals calculated to array the States, which in my judgment should remain expressed, is in contravention of the judgment the northern people against the people of the and continue. They relate to matters apper of a majority of this House, with whom he is South, who have laid down their arms, and taining to State citizenship, and there is no politically associated.
who, I believe, are now seeking in good faith occasion whatever for the Federal power to be Such is the plan of the committee of fifteen, to conduct themselves in allegiance to the Conexercised between the two races at variance or what may perhaps be described as the con stitution. They have been punished severely, with the wishes of the people of the States. gressional view of this vexed question. It is not more severely, perhaps, than they deserve. For myself, I would wish that the colored race a plan of disunion, and it is a deception to call But why should we not accept their words as should be placed in the same political condition it otherwise ; and the friends of the Union, by expressing their real sentiments? Why should as it occupies in Pennsylvania; but I would whatever name, must coöperate to defeat this we treat them as aliens and outlaws, a policy leave all this to the States themselves, just in measure, or the Union will sooner or later which must for a long time prevent us from the same manner as the elective franchise is be destroyed by those who have arrogated to securing the full benefits of our victory? permitted. If you have the right to interfere themselves to be its special defenders.
Gentlemen seem to fear that unless some. in behalf of one character of rights-I may say This proposition is worthy of having ema thing.is done by legislation to prevent it the . of every character of rights, save the suffrage- | nated from the tower of Babel. It carries | great conservative men of the country, under how soon will you be ready to tear down every with it a confusion of tongues and a confusion the leadership of Andrew Johnson, will come barrier? It is only because you fear the people ll of purposes. One design, however, is clearly Il into possession of the legislative branch of the
Government. Nothing can avert this. Your stitution, and its principles have been for sev expressed, I beg to read the article for the reckless extravagance, your unnumbered vio enty-five years the operative cause of our benefit of this House. It is sound, patriotic, lations of law, your constant effort to change country's rise, progress, strength, and great statesmanlike, and just, and well deserves the the organic law for party purposes; your per: ness.
serious consideration of every truly patriotic secutions of the President, who has planted When I see members here so intensely loyal, man who loves his country, its history, and himself upon the plan of restoration which Mr. who owe their present bombastic greatness to glory: Lincoln determined upon; and your careless the kindness and generosity of the Democratic
“As aplan of pacification and reconstruction, the mode of taxation, relieving affluent men and party, and who now traduce and malign their whole thing is worse than a burlesque. It might be heaping the expenses of our debt upon those Democratic colleagues, I cannot help thinking styled a farce, were the country not in the midst of a least able to bear it-all these point to your that ingratitude is a crime and ought to be made
very serious drama. Its proper designation would bo certain overthrow. odious. I am inclined to think that there are
A plan to prolong indefinitely the exclusion of tho
South from Congress by imposing conditions to which All these points are certain to have their some furiously loyal gentlemen here, who, when the southern people will never subunit.' This being effect. The Democracy, so far as I know, they shall give an account of their stewardship
the obvious scope and tendency of the proposition,
weare bound to assume that it clearly reflects the setstand ready to operate with any party or set of to their constituents, may be politely informed, tled purpose of the committee. So that tho joint commen to crush out the party which started with by virtue of the power vested in the people, | mittee, appointed nearly five months ago to take a disposition to let the "South go," and now that the private station is henceforth their post
exclusive charge of the question of reconstruction,
now offer as the result of all their labors what would at the close of the war seek the same practical of honor, and sic transit gloria mundi for hyp in fact render reconstruction forever impossible. result-a continued separation of the States of ocritical loyalty, niggers, universal suffrage,
“There is an anomalous feature in the affair as it the Union. bureaus, southern plantations, office, power,
stands, which of itself reveals the monstrous nature
of the pretensions set up by the committee. All I now yield the floor to my colleague. glory, bag, and baggage.
the provisions of the proposed amendment imply Mr. STROUSE. Mr. Speaker, any prop
Mr. Speaker, my first inquiry is, are the south the adoption of the extreme view in regard to the osition to amend the Constitution of the Uni ern States still States and integral parts of the
relation of the South to the Union. We must begin
by assuming that what were States before the war ted States would, a few years ago, have ex Union, or have they, by the act of secession are mere Territories now; or this attempt to dictate cited and aroused the greatest interest on the and war, brought themselves to a territorial con terms as the condition of recognition becomes undispart of the people as well as of Congress. The dition, or the condition of a conquered foreign
guised usurpation. We must assume, in fact, that
the South is at this moment neither more nor less good old charter produced by the inspired wis country, now reduced to provinces The than an aggregate of Territories, waiting for admisdom of the great and patriotic men who founded chairman of the reconstruction committee [Mr. sion as States, and from whose people Congress may the Republic is ignored by the modern reform STEVENS) answers affirmatively, and doubtless
therefore require compliance with certain proposals.
And yet the amendment, on its face, declares tho Amendments are offered and passed with many others here hold the same opinion. If existence, as States, of all the States recently in reas much haste and facility as a bill to admit a this be so, if that is the status of the southern bellion, and presupposes the exercise by their serwilderness with a few hundred adventurers
eral Legislatures of the highest constitutional attriStates, then all your constitutional amend
bute of State sovereignty. They have no right to roving in it as a State in the Union. There is
ments, acts, conditions, prohibitions, and direc representation in Congress, forsooth. They may not danger in this, danger to the country at large, tions are in order and must be submitted to hy say yea or nay on the most trivial questions that danger to our institutions and liberties. The the conquered and vanquished foreigners inhab.
come before Congress. They are not permitted to
enjoy a particle of influence in matters affecting the Constitution was never intended to be plastered || iting Virginia, the Carolinas, Georgia, Louisi finance, the trade, the industry, the foreign relations and patched as latterly it is proposed to do, no
of the country, or any of its concerns, great or small. more than the Union of States formed by the It cannot be that this monstrous doctrine is
These privileges they are denied on tho pretense that
they are not within the Union, and therefore have no thirteen old colonies was ever designed to be seriously entertained by a majority of this right to recognition as parts of the Union. Neverbroken or severed by secession or rebellion of House. This point has been so thoroughly
theless, under the contemplated amendment, they
are treated as sovereign States, whose ratification of any one or more States. We are prone to discussed that it were a waste of time to en
the amendment is essential to its constitutional vaspeak lightly of an amendment to the Consti large upon it. A short time ago, when I had lidity. Thcy are to vote for or against a change in the tution, as if it were no more than the passage the honor to address the House on a subject
Constitution of the Union of which, on the radical
hypothesis, they are not present members! Could of an ordinary act. I regret this exceedingly. akin to this, I stated that our case, the late absurdity go further? Could the folly
of this fanatiMembers of Congress, who are here to repre rebellion, is sui generis, which cannot be classed cism be made more manifest? sent the great body of the people, should der any ordinary description of war, civil or
"From the dilemma into which the committee havo
thus plunged there is no logical escape. If the southextremely cautious how they tamper and tinker || foreign. The law of nations, as construed by ern States are in a condition by their Legislatures to with the fundamental law. History should be these old and eminent authors in monarchical ratify or rejecta constitutionalamendment, they must our guide and counsel. The gradual under Governments in a past age, ought not and can
of necessity be qualified to send Senators and Repre
sentatives to Congress, subject only to the judgment of mining, changing, altering, and amending of not be fairly applied at this day in our dealing either House as to the eligibility of the persons sent. A the foundation so strongly built, so massively with a portion of our own people, inhabiting a State which may assist in the sovereign task of molderected, so skillfully constructed by the mas part and parcel of our own territory. A war
ing the Constitution under which Congress acts may ter minds of the revolutionary patriarchs, may
surely demand a voicein what the Constitution creates. with a foreign Power, or with a sovereign na The greater right covers the lesser right in this or in destroy the temple of the Republic which so tion, would place the legal question involved other cases. On the other hand, if the southern States majestically rested on it for eighty years. in a very different light. We quelled the rebel
are not entitled to admission to Congress--if the point
be established, as the radical doctors say it is, that What necessity is there now, Mr. Speaker, lion among our own citizens and in our own
these are States no longer, but Territories only, subthat demands the change which this bill calls country. We conquered nothing. We have ject to tho will of the conqucror-then it follows that for? I am answered that the necessity grows not more territory, people, or property than
they are not entitled to any lot or part in the busiout of the war, that the South is vanquished,
ness of amending the Constitution. Upon which horn we had before. This, in my judgment, is the shall the 'central directory' be impaled? Shall we the negroes are liberated, and that therefore rational and natural deduction from the prem take it that this prodigious amendment, this mighty the organic law must be so amended that the ises, in law and in fact.
mouse brought forth by a mountain after five inonths emarcipated slave shall in all respects be the And this is my opinion now, that the States
parturition, does not mean what it says when it
speaks of the States lately in rebellion as States still, equal of the white man. Well, I have listened are and never ceased to be, in law and in fact, with their sovereign functions unimpaired, though patiently during this week to the many heavy constituent parts of our Union. If I am cor
for a time uninterrupted? Orshall we conclude that and light speeches made here on the subject | rect in this opinion, and it is the view taken
the doctrine of Stato suicide is abandoned, the doc
trine of subjugation given up, and the criminal blunin hand by the friends and advocates of amend. || by the most eminent lawyers and publicists of der of which the radicals have been guilty in exment and negro equality, from the chief engi.
cluding the South from Congress at length confessed ? the country, then what necessity exists for these
Let there be explicit answers upon those heads of neer down to my dramatically tragic colleague amendments of the Constitution? Let the
the subject. As it at present appears the position who reads anonymous rebel letters for the States be represented in the Senate and House of the committee is utterly untenable. instruction of this House, and yet I am not by men who can conscientiously qualify as mem
"Aside from these points the worthlessness of the
committee's proposition is obvious. It cannot by enlightened on the subject under discussion. bers, and after that, when we have a full Con any possibility effect anything. We may confidently Instead of debating this grave and serious ques gress, with the whole country represented, let take it for granted that the people of the South will tion as becomes statesmen and jurists, we hear any amendment that may be required be pro
nover under any circumstances acquiesce in their
own disfranchisement for four years in reference to some six or eight stump speeches every day, posed, and let those most interested have an all that relates to the Fedoral Government. Thero and in truth, not very courteous or good at opportunity to participate in the debates and is room for difference of opinion on the general that.. Gentlemen on the loyal side, as it is deliberations of matters of so much moment
merits of the reconstruction problem; on this point
there can be none. The South has taken its stand called, in place of arguing the point of differ to every citizen. If it were not for the malig
on the ground of a common citizenship, and it will ence among themselves, that is, whether the nant party spirit, the overweening desire to never accept as the price of congressional represensouthern States are in or out of the Union, or
tation that which would be equivalent to an acknowlperpetuate radicalism, proscription, and the
edgment of four years' serfdom or inferiority as the whether they are conquered provinces and the centralization of power instead of enlightened penalty of rebellion. Nor should it be asked to acpeople aliens, or States and the people citi statesmanship acting in a spirit of justice and cede to terms of this nature. Punish the rebel leadzens, indulge in political slang, abusing and equity, the States would now be in their proper
ers, if necessary, by banishment or otherwise. But
to propose to punish a whole people to suit the parvilifying the Democratic party by charges and positions quo ante bellum, contributing and add
tisan conveniences of those who dictate the penalty accusations as groundless as they are discourt ing to the general welfare and prosperity of the is an outrage upon justice and common humanity. I honestly believed that the time had country, North and South.
With all their errors and faults, the southern peoplo
have shown that they are not cowards. They will gone by for the utterance of such foul and While discussing the report of the committee not belie their nature by writing themselves down false attacks and aspersions, and especially in with a learned friend of mine, he informed me slaves at the bidding of a committee appointed to this place. The Democratic party of the coun that the subject was most ably treated in an
consider the question of reconstruction.
"If we would do aught to hasten the result which try and the Democratic members of this Con editorial in the New York Times. The Times all moderate men admit to be exceedingly desirable gress require no defender here or elsewhere. is acknowledged to be one of the ablest and it is necessary, without more ado, to discard the idea The history of the United States is the history
of constitutional changes as the condition-precedent most leading Republican papers in the United
of the readmission of the South to Congress. That is of the Democratic party; its creed is the Con States. Fully concurring in the views therein the primary step toward reconstruction, practically
considered, and we should prepare to take it on the The third proposition is one which disfran where they resided. The Attorney General ground of existing rights, subject only to the lawful
chises the enemies of the country. I approve | decided that they had no right to return to the test of individual fitness. To talk of wholesale and almost indiscriminato punishment as a preliminary
that. I think it right in principle. I think it places where they resided before the war within measure, to call for concessionsinplying the relation necessary at this time. If I had any opinion | the loyal States, and that to wear the rebel of supplicants petitioning for favors instead of citizens insisting upon their rights, to demand a con
to express I shohild say to the gentlemen of the uniform was a violation of their parole and a fession of interiority with one breath, while with House that it is impossible to organize a gov
fresh act of rebellion. another admitting the cxistence of constitutional ernment in the insurgent States and have the President Lincoln, as late as March, 1867, equality, isto aggravate feelings already in uch too
enemies of the country in possession of politbitter, and to multiply difficulties which the joint
in a proclamation in which he referred to a committee have thus far vainly endeavored to over
ical power in whole or in part, in the local bill passed by both Houses of Congress, degovernments or in representation here.
clared that while he did not assent to all its proMr. BANKS. Mr. Speaker, the measure It does not change the result, in my opinion, || visions, he should be governed: by its condibefore the House presents a basis upon which if you couple with this the franchise of the tions in any settlement that he should undertake it is proposed the insurgent States shall be negro. Certainly it will be much better, if with the insurgent States. One of these conrestored to the Union. It is, therefore, the rebels are allowed to vote, that the privilege | ditions was that the mass of rebel leaders, most important question which can be pre should be extended to the colored people. I civil and military, were to be forever excluded sented to the House or to the country. It propose, so far as I am concerned, to lose no from political power. President Johnson, in deserves the most mature consideration. I opportunity to impress upon the country the his proclamation of May 29, 1865, which, I should have been glad if a more general and necessity for the extension of suffrage to the think I may say here, 'what I have said elsethorough discussion of the subject could have colored men in the best and most effective way where at all times, presents a plan of settlebeen had on these particular measures, but the possible. But that question is not now pre ment that would be entirely satisfactory to the House has decided otherwise. I desire to make sented.
country, and enable us to reorganize these gova few suggestions as briefly as possible, chiefly Now, sir, what are the objections to the dis ernments immediately without detriment or in reference to what has been said by other franchisement of the enemies of the country? danger-President Johnson, in his proclamagentlemen who have addressed the House. It And in speaking of them I mean those who tion of amnesty of the 29th of May, 1863, deis niy belief that reorganization of govern organized and sustained rebellion against the clares that all persons in military or naval ments in the insurgent States can be secured Government of the United States for five years; custody, as prisoners of war, including, of only by measures which will work a change in who contemplated it for thirty years; who are course, all the paroled officers and soldiers of the basis of political society. I do not think ready now, not as friends, but as enemies of the rebel army, were excepted from the act of this can be done by theoretical constitutional the Government, to accept whatever share of amnesty and pardon. The proclamation enuor statutory provisions. Anything that leaves power may be accorded to them in a Govern merates thirteen or fourteen distinct classes of the basis of political society in the southern ment where the people have the entire power rebels, embracing nearly all the influential States untouched leaves the enemy in condi to do that which seems to them right and just. people of the rebel States, who were excepted tion to renew the war at his pleasure, and Anenemy to the Government, a man who avows from the benefits of that proclamation. These gives him absolute power to destroy the Gov himself an enemy of its policy and measures, facts show that there is no ground for the supernment whenever he chooses. Therefore, who has made war against the Government, position that the surrender of the rebels prosir, no proposition meets my entire approval would not seem to have any absolute right to ceeded from any just expectation of being that does not propose a radical change in the share political power equally with other men restored to power in the Government. And, basis of political society in these States ; but who have never been otherwise than friends of so far as the President is concerned, his procI do not, of course, expect the House to adopt the Government. That proposition would seem lamation gives evidence that it was not his my opinions, nor do I ask that they shall be to recommend itself to the judgment of every intention, even some months after the surrenembodied in these propositions which may be
der, to receive them or recognize them as the adopted.
But it is said that there are certain practical representatives of political power. There are two methods by which the change difficulties in this matter which ought to con It is said that the acts of pardon granted I propose can be made: one by extending the trol our judgment. It was intimated the other in individual cases, or the general charter of elective franchise to the negro; the other by day that there had been some understanding || amnesty and pardon of the 29th of May, restrictions upon the political power of those when the enemies of the country laid down changes in some measure the political relaheretofore invested with the elective franchise, their arms that they were to return to power; tion of the public enemies to the Government a part of whom are loyal and a part of whom an implication, if not an agreement, that we itself. I do not think go. A pardon does not are disloyal ; a part of whom are friends and a are to restore them to their full status as citi confer or restore political power.. A general part of whom are enemies.
zens of the United States, with local and rep act of amnesty differs from an individual parI have no doubt that the Government of the resentative power.
don only in the fact that it applies to a class United States has full power to extend the elect Now, sir, I do not agree to that at all. I of offenders who cannot be individually deive franchise to the colored population of the think they had the most distinct information scribed. It secures immunity from punishment insurgent States. I mean authority ; I said possible given from every department of the or prosecution by obliterating all remembrance power. I have no doubt that the Goverament Government, by all its officers under all cir of the offense. But it confers or restores no of the United States has authority to do this cumstances, that they were not to claim or re one to political power. On the contrary, the under the Constitution; but I do not think they ceive political recognition or the recognition of general charter of amnesty, even if authorized have the power. The distinction I make be political power. They surrendered because, as by Congress, as it may be said to have been by tween authority and power is this: we have, in || they say, they were beaten. They could not or the act of July, 1862, contains conditions and the nature of our Government, tlie right to do did not choose to continue the fight any longer, limitations of purpose which excludes any idea it; but the public opinion of the country is such and they laid down their arms, as I believe, of restoring political power to public enemies at this precise moment as to make it impossi- || with the conviction that it was impossible for || who might be affected by its provisions. Amble we should do it. It was therefore most them to prosecute the war any further.
nesty and pardon are granted to all persons wise on the part of the committee on recon The measures adopted by the Government not in the excepted classes, • with restoration struction to waive this matter in deference to at the time of the surrender show exactly its to rights of property; in cases where legal public opinion. The situation of opinion in determination, which the enemy could not proceedings had not been instituted for its these States compels us to look to other means misunderstand. General Johnston of the rebel confiscation. So far as the charter of amnesty to protect the Government against the enemy. army proposed a treaty with the army of the and pardon is concerned, by its own conditions
The other has reference, of course, to the Union in which it was stipulated that the and terms, by its express terms, all idea of disfranchisement of those who are or inay be rebels would lay down their arms on condition | extending to them political privileges or power considered public enemies. In regard to that that the rebel State governments should be is excluded. section of the amendment relating to repre- || recognized, the Supreme Court deciding where But, sir, the effect of a pardon deserves to sentation, I have this to say; while it is entirely conflicting governments existed, and that the be a little more carefully considered. A parequitable, and does not admit of question on people should be guarantied their political | don restores a criminal when pardoned to all that score from any quarter whatever, yet I do rights and franchises as well as the rights of the rights that can be conferred upon hip by not think it will exert any controlling influence | person and property. This was summarily the authority granting the pardon. That is upon the political character of those States. It | rejected by the Government. President Lin all. If the President of the United States, in reduces the representation of the insurgent coln, when applied to by General Grant for addition to the authority to pardon which he States some fifteen members. The reduction is instructions, sent a dispatch written by his own has, had also the power to invest those people not of paramount importance, whether they have hand, with the approval of President Johnson, | with political rights and he expressed it in more or less members, however loyal they inight directing General Grant to have no communi his pardon, then they would not only be free be. It is but just that they should be restricted cation with General Lee unless for the capitu- | from prosecution, but be invested with politto a fair share of representative power. But | lation of his army, and not to decide, discuss, ical rights; but the President has no such they do not seek to govern by opinion. They or confer upon any political question. Cer:
power. He has the simple power of pardon. do not rely on ideas for success. They govern tainly those officers who treated with General The power of declaring who shall exercise by force. Their philosophy is force. Their Grant could not have had any expectation of the franchise is in the first instance conferred tradition is force. Whether they be few or many, that kind.
upon the States by the first article of the Conthey will have power whenever they are restored The terms of surrender to General Grant | stitution; and in the second instance, by the here. While, therefore, sir, I accord cheerfully were that the rebels were to return to their provision conferring the right to judge of the with the proposition, it does not meet the emer homes, not to be disturbed so long as they election of its members, on the Congress of gency presented at this time.
observed their parole and the laws in force ll the United States, and without their concur