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thpt bear on the subject, to which we will now re er.
First. One of the resolutions of the Chicago convention, by which Mr. Lincoln was first nominated for the presidency, says, “ that the maintenance inviolate of the rights of the States is essential to the balance of power on which the prosperity and endurance of our political fabric
epend." In his inaugural address of4th March, 1861, which received the almost universal approval of the people, among other things he said, “no Stateqf its own mere motion can lawfully get out of t to Union ;" and that “in view of the Constitution and the laws, the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itselfexpressly cnjoins upon me, that the laws of the Union be faithfully executed in all the States."
Second. Actual conflict soon afterwards en— sued. The South, it was believed,rnisapprehended the purpose of the Government in carrying it on, and Congress deemed it imporant to dispel that misapprehension by declaring what the purpose was. - This was done in July, 1861, by their passing the following resolution, offered by Mr. Crittenden: “That in this national emergency, Congress, banishing all feeling of mere
assron or resentment, will recollect only its
uty to the whole country; that this war is not waged, upon our part, in any spirit ofo pression, nor for any purpose of conquest- or su jugation, nor purpose of overthrowing or interfering \i'itn the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union, with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to cease." The vote in the House was 119 for and 2 against it, and in the Senate 30 for and 5 against it. The design to conquer or subjugate, or to curtail or intei'l'erein any way with the rights of the States, is in the strongest terms thus disclaimed, and the only avoWed object asserted to be “ to defend and maintain the spirit of the Constitution, and to preserve the Union, AND run nionrrY, EQUALITY, AND RIGHTS OF THE SEVERAL STATES nuns PAIRED." Congress, too, by the actof 13th July, 1861, empowered the President to declare, by
proclamation,“ that theinliabitants of such State ‘
or States where the insurrection existed are in a state of insurrection against the United States," and thereupon to declare that “ all commercial intercourse by and between the same, by the citizens thereof and the citizens of the bnited Stat-es, shall cease and be unlawful so long as such condition of hostility shall continue." Here, also, Congress evidently deals with the States as being in the Union and to remain in the Union. It seeks to keep them in by forbidding commercial intercourse between their citizens and the citizens of the other States so lon , and so long only, as tnsurrectionary hostility s tall continue. That ended, they are to be, as at first, entitled to the same intercourse with citizens of other States that they enjoyed before the insurrection. In other words, in this act, as in the resolution of the same month, the dignity, equality, and rights of such States (the insurrection ended) were not to be held in any respect impaired. The several
proclamations of amnesty issued by Mr. Lincoln and his successor under the authority of Congress are also inconsistent with the idea that the parties included within them are not to be held. in the future, restored to all rights belonging to them as citizens of their respective States. power to pardon is a pOWer to restore the offender to the condition in which he was before the date of the offence pardoned.
It is now settled that a pardon removes not only the punishment, but all the legal disabilities consequent on the crime. (7 Bac. Ab. Tit. Par ) Bishop on Criminal Law (vol. 1, p. 713) states the same doctrine. The amnesties so declared would be but false iretences if they were, as now held, to leave the parties who have availed themselves of them in almost every particular in the condition they would have been in if they had rejected them. Such a result, it is submitted, would be a foul blot on the good name of the nation. Upon the whole, the efore, in the present state of the country, the citement which exists, and which may mislead legislatures already elected, we think that the matured sense of the people is not likely to be ascertained on the subject of the proposed amendment by its submission to existing State legislatures. If it should be done at all, the suhmission should either be to legislatures hereafter to be elected, or to conventions of the people chosen for the purpose. Congress may select either mode, but they have selected neither. It may be submitted to legislatures already in existence, whose members were heretofore elected with no view to the consideration of such a measure; and it may consequently be adopted, though a majority of the people of the States disapprove of it. In this respect, if there were no other objections to it, we think it most ob
Whether regard be had to the nature or the terms of the Constitution, or to the legislation of Congress during the insurrection, or to the course of the judicial department, or to the conduct of the executive. the undersigned confidently submit that the southern States are States in the Union, and entitled to every right and privilege belonging to the other States. If ' any portion of their citizens be disloyal, or are not able to take any oath of ofi‘ice that has been or may be constitutionally prescribed, is a question irrespective of the ri lit of the States to be represented. Against tie danger, whatever that ma be, of the admission of disloyal or disqualifie members into the Senate or House, it is in the power of each branch to provide against by refusing such admission. Each by the Constitution is made the~judge of the election returns and qualifications of its own members. No other department can interfere with it. Its decision concludes all others. The only corrective; when error is committed, consists in the responsibility of the members to the people. But it is believed by the undersigned to be the clear duty of each house to admit any Senator or Representative who has been elected according to the constitutional laws of the State, and who is able and willing to subscribe the oath required by constitutional law.
It is conceded by the majority that “ it would
undoubtedly be competent for Congress to waive all formalities, and to admit those Confederate States at once, trusting that time and experience .Would set all things right." It is not, therefore, owing to a want of constitutional power that it is not done. It is not because such States are not States with republi .an forms of government. The exclusion must therefore rest on considerations of safety or of expedieméy alone. The first, that of safety, we have alrea y considered, and, as we think, proved it to he Without foundation. Is there any ground for the latter expedienc ? We think not. On the contrary, in our ju gment, their admission is called for by the clearest expediency. Those States include a territorial area of 850,000 square miles, an arealar er than that of five of the leading nations of urope. They have a coast line of 3,000 miles, with an internal water line, including the Mississippi, of about 36,000 miles. Their agricultural roducts in 1850 were about $560,000,000 in value, and their population 9,664,656. Their staple productions are of immense and growing im ortance and are almost peculiar to that region. ‘hat the North is deeply interested in having such a country and people restored to all the rights and privileges that the Constitution affords no sane man, not blinded b mere party considerations, or not a victim of isordering prejudice, can for amomcnt doubt. Such arestoration is also necessary to the peace of the country. It is not only important but vital to the potential wealth of which that section of our countrv is ca able, that cannot otherwise be fully developed. very hour of illegal political restraint, every hour the
ossession of the rights the Constitution gives is denied, is not only in a political but a material sense of great injury to the North as well as to the South. The southern lanter works for his northern brethren as wel as for himself. His labors heretofore inured as much if not more to their advantage than to his. Whilst harmony in the past between the sections gave to the whole a prosperity, apower, and a renown of which eyery citizen had reason to be proud, the restoration of such harmony will immeasurably increase them all. Can it, will itbe restored as long as the South is kept in political and dishonoring bondage? and can it not, will it not be restored by an opposite policy? By admittin her to all the rights of the Constitution, and by ealing with her citizens as equals and as brothers, not as inferiors and enemies, such a course as this will, we are certain, soon be seen to bind them heart and soul to the Union, and inspire them with confidence in its government, by making them feel that all enmity is forgotten, and that justice is being done to them. The result of sucha policy, we believe, will at once make us in very truth one people, as happy, as prosperous, and as powerful as ever existed in the tide
of time; while its opposite cannot fail to kee us divided, injuriously affect the particular an
eneral welfare of citizen and Government, and, it‘long persisted in, result in danger to the nation. In the words of an eminent British whi statesman, now no more, “A free constitution and large exclusions from its benefit cannot subsist together; the constitution will destro them, or they will destroy the constitution." it is hoped that, heeding the warning, we will guard against the peril b removing its cause.
The undersigne have not thought it necessary to examine into the legality of the measures adopted, either by the late or the present President, for the restoration of the southern States. It is sufficient for their purpose to say that, if those of President Johnson were not justified by the Constitution, the same may at least be said of those of,his predecessor. We deem such an examination to be unnecessary, because, however it might result, the people of the several States who possessed, as we have before said, the exclusive right to decide for themselves what constitutions the should adopt, have adopted those under whic they respectively live. The motives of neither President, however, whether the measures were legal or not, are liable to censure. The sole object of each was to effect acorn lete and earl union of all the States; to ma e the Genera Government, as it did at first, embrace all, and to extend its authorit and secure its privileges and blessings to al alike. The purity of motive of President Johnson in this particular, as was to have been expected, is admitted by the majority of the committee to be be ond doubt; for, whatever was their opinion oiythe unconstitutionality of his course, and its tendency to enlarge the executive power, they tell us that they “do not for a moment impute to him any such design, but cheerfully concede to him the most patriotic motives." And we cannot forbear to say, in conclusion, upon that point, that he sins against light, and closes his eyes to the course of the President during the rebellion, from its inception to its close, who ventures to impeach his patriotism. Surrounded by insurrectionists, he stood firm. His life was almost constantly in peril, and he clung to the Union, and discharged all the obligations it imposed upon him, even the closer because of the peril. And now that he has escaped unharmed, and by the confidence of the people has had devolved upon him the executive functions of the Government, to charge him with disloyalty is either a folly or a slander; folly in the fool who believes it; slander in the man of sense, if any such there be, who utters it.
VOTES ON PROPOSED CONSTITUTIONAL AMENDMEN
SECTION 1. All persons born or naturalized‘in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive an person of life, liberty, or property, without ue process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SEc. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a. State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, bein twenty-one years of age, and citizens of the nited States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twentyone years ol~ age in such State.
SEC. 3. No person shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any ofiice, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial ofiicer of any State, to support the Constitution of the United States, shall have engaged in insurrec
tion or rebellion against the same, or iven aid or comfort to the enemies thereof. ut Congress may, by a vote of two-thirds of each house, remove such disability.
SEO. 4. The validity of the public debt of the United States, authorized by law, includin debts incurred for payment of pensions an bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion avainst the United States, or any claim for the loss or emancipation of any slave; but all such debts, obli a— tions and claims shall be held illegal and voi .
SEO. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
It passed—yeas 33, nays 11, as follow:
Prior to the adoption of the joint resolution in the form above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses: ,
April 30—-Mr. Stevens, from the Joint Select Committee on Reconstruction reported a joint resolution, as follows:
a A joint resolution proposing an amendment to the Constitution of the United States.
Be it resolved, &c., (two—thirds of both Houses concurring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely :
SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. ~
SEC. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to their respective numbers, counting the whole number of ersons in each State. excluding Indians not taxe . But whenever in any State the elective franchise shall he denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twent »0ne years of age. .
SEO. 3. Unti the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States.
SEO. 4. Neither the United States nor any State shall assume or pay any debt or obli ation already incurred, or which may hereafter e incurred, in aid of insurrection or of war against the United States, or any claim for compensation
for loss of involuntary service or labor.
' SEO. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Objection having been made to its bein a special order for Tuesda , May 8, and every ay t ereafter until dispose of, Mr. Stevens moved a suspension of the rules to enable him to make that motion; which was agreed to—yeas 107, nays 20.
The NAYS were: Messrs. Anemia, Bergen, Boyer, Oofl’roth, Dawson, Eldridge, Finch, Grider, Aaron Harding, James M. Humphrey, Latham, Marshall, Nihlack, h'icholson, Ritter, Ross, Slrouse, Taylor, T/wrnton, nomad-20.
May lO—Mr. Stevens demanded the previous question; which was seconded, on a count, 85 to 57 ; and the main question was ordered— yeas 84, nays 79, as follow:
Thejoint resolution, as above printed, then passed—yeas 128, nays 37, as follow :
YnAs—Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks,'Bsrker, Baxter, Beumnn, Benjamin, Bidwell, Bingham, Blaine. Blow, B mtwell, Bromwell, Broomall, Buckland, Bondy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cnllom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner G. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Delnas Hubbard, James R. llubbell, Hulburdl, James Humphrey, lngersoll, Jenckes, Julian, Kasson, Kelley, Kelso,Ketcham, Kuykendall, Lnflin, George V. Lawrence, William Lawrence, Loan, Longyeu, Lynch, Msrston, McClurg, Mclndoe. MoKee, McRuer, Mercur, Miller. Moorhead, Morrill, Morris, Moniton, Myers, Newell, O’Neill, Orth, Paine, Patterson, Pei-barn, Pike, Plants, Price, William H. Randall, Raymond, Alexander H. Rice, John 11. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabnrger, Sp'ilding, Stevens, Stillwell, Thoyer, Francis Thomas, John L. Thomas, 'l‘rcwbridge, Upsun, Van Aerniun, Burt Van Horn, Robert T. Van Horn, Ward, Wur— ner, Ellihu B \Vasbburue, Henry D Wasliburu, William B. Wnshburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker—128.
NAYS—MESSI'B. Ancomz, Bergen, Boyer, Chanler, Cofroth, Dawson, Eldridge.Finck, Glossbrenner, Goodyear, Grider, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, McCullough, Niblaclc, Phelps, Redford, Samuel J. Randall, Ritter, Rogers, Ross, Rousseau, Sliankli'n, Silgreaves, Smith, Strouse, Taber, Taylor, Thornton, l‘rimble, Whaley, Winfield, Wright—37.
The amendments of the Senate were made to this proposition, when it was finally adopted by each House, in the form first stated.
The Accompanying Bills. April 30—Mr. Stevens, from the same committee, also reported this bill :
'A Bill to provide for restoring the States lately in insurrection to their full political rights. Whereas it is expedient that the States lately in
insurrection should, at the earliest day consistent
with the future peace and safety of the Union, be restored to full partici ation in all political rights; and whereas the Congress did, y joint resolution, ropose for ratification to the legislatures of tie several States, as an amendment to the Constitution of the United States, an article in the following words, to wit:
gor article, see page 102.]
Be it enacted, &c., That whenever the above
recited amendment shall have become part of the Constitution of the United States, and any State lately in insurrection shall have ratified the same, and shall have modified its constitution and laws in conformity therewith, the Senators and Representatives from such State, if found duly elected and ualified, may, after having taken the require oaths of oflice, be admitted into Congress as such.
SEO. 2. And be it further enacted, That when any State lately in insurrection shall have ratified the foregoing amendment to the Constitution, any part of the direct tax under the act of August 5, 1861, which may remain due and unpaid in such State may be assumed and paid by such State; and the paymentthereof, upon proper assurances from such State to be given to the Secretary of the Treasury of the United States, may be postponed for a period not exceeding ten years from araaftgr the passage of this act. ‘
April 30— r. Stevens, from the same committee, also reported this bill:
A Bill declaring certain persons ineligible to office under the Government of the United States.
Be it enacted, &c., That no person shall be eligible to any office under the Government of the United States who is included in any of the .following classes, namel :
1. The president andyvice president of the confederate States of America, so called, and the heads of departments thereof.
2. Those who _in other 'countries acted as agents of the confederate States of America, so called.
3. Heads of Departments of the United States, officers of the army and navy of the United States, and all persons educated at the Military or Naval Academy of the United States, judges of the courts of the United States, and members of either House of the Thirty-Sixth Congress of the United States who gave aid or comfort to the late rebellion.
4. Those who acted as officers of the confederate States of America, so called, above the grade of colonel in the army or master in the navy, .and any one who, as Governor of either of the so-called confederate States, gave aid or comfort to the rebellion. '
5. Those who have treated officers or soldiers or sailors of the army or navy of the United States captured during the late war, otherwise than fawfully as prisoners of war.
shall be apportioned among the several States
which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excludin Indians not taxed; Provided, Thatwhenever 13%0 elective franchise shall' be denied or abridged in any State on account of race or color, all ersonsof such race or color shall be excluded rom the basis of representation.
Mr. Stevens moved to insert the word “ therein ” after the word "persons" where it last 00-. curs. 1
Sundry propositions of amendment 'were offered, and
January 30—The re ort was recommitted, without instructions—t e motion of Mr. Le Blond to commit it to the Committee of the Whole having been lost, yeas 37, nays 133. (Messrs. McRuer and Rousseau and 35 Democrats made up the affirmative vote.)
The Negativsd Constitutional Amendment on Representation.
January 31,1866—Mr. Stevens reported from the Committee on Reconstruction this joint resolution:
Joint Resolution pro osing to amend the Constitution of t e United States. '
Resolved, &c., (two-thirds of both Houses concurring) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of said Constitution, namely: ' ' ‘
Representatives shall be apportioned among the several States which may be included within this Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed: Provided, That whenever the elective franchise shall be denied or abridged in any State on account of race or color, all ersons therein of such race or color shall be exc uded from the basis of representation.
Mr. Schenck submitted this as a substitute for the “Article:"
Representatives shall be a portioned among the several States which may e included within this Union according to the number of male citizens of the United States over twenty-one years of age having the qualifications requisite for electors of the most numerous branch of the State legislature. The Congress, at their first session after the ratification of this amendment by the required number of States, shall provide by law for the actual enumeration of such voters; and such actual enumeration shall be separately made in a general census of the population of all the States within every subsequent term of ten ears, in such manner as the Con- ‘ gress may by law direct. The number of Representatives shall not exceed, one for every one hundred and twenty-five thousand of actual population, but each State shall have at least one Representative.
Mr. Schenck's substitute was disagreed to——yeas 29, nays 131, as follow: