this that any man should be exonerated from the penalties and punishments of the crime of treason. The time has arrived when the American people should understand what crime is, and that it should punished, and its penalties enforced and inflicted. We say in our statutes and courts that burglary is a crime, that murder is a crime, that arson is a crime, and that treason is a crime; and the Constitution of United States, and the laws of the United States, say that treason shall consist in levying war against them, and giving their enemies aid and comfort. I have just remarked that burglary is a crime and has its penalties, that murder is a crime and has its penalties, and so on through the long catalogue of crime.

To illustrate by a sad event, which is before the minds of all, and which has draped this land in mourning. Who is there here who would say if the assassin who has stricken from our midst one beloved and revered by all, and passed him from time to eternity, to that bourne whence no traveler returns, who, I repeat, who, here would say that the assassin, if taken, should not suffer the penalties of his crime? Then, if you take the life of one individual for the murder of another, and believe that his property should be confiscated, what should be done with one who is trying to assassinate this nation? What should be done with him or them who have attempted the life of a nation composed of thirty millions of people?

become numerous and powerful; for, in the words of a former Senator of the United States, "When traitors become numerous enough, trea son becomes respectable." And I say that, after making treason odious, every Union man and the Government should be remunerated out of the pockets of those who have inflicted this great suffering upon the country. But do not understand me as saying this in a, spirit of anger, for, if I understand my own heart, the reverse is the case; and, while I say that the penalties of the law, in a stern and inflexible manner, should be executed upon conscious, intelligent, and influential traitors-the leaders, who have deceived thousands upon thousands of laboring men who have been drawn into this rebellion-and while I say, as to the leaders, punishment, I also say leniency, conciliation, and amnesty to the thousands whom they have misled and deceived; and in reference to this, as I remarked, I might have adopted your speech as my own.

As my honorable friend knows, I long since took the ground that this Government was sent upon a great mission among the nations of the earth; that it had a great work to perform, and that in starting it was started in perpetuity. Look back for one single moment to the Articles of Confederation, and then come down to 1787, when the Constitution was formed-what do you find? That we, "the people of the United States, in order to form a more perfect government," &c. Provision is made for the admission of new States, to be added to old ones embraced within the Union. Now, turn to the Constitution: we find that amendments may be made, by a recommendation of two thirds of the members of Congress, if ratified by three fourths of the States.. Provision is made for the admission of new States; no provision is made for the secession of old ones.

We were living at a time when the public mind had almost become oblivious of what treason is. The time has arrived, my countrymen, when the American people should be educated and taught what is crime, and that treason is a crime, and the highest crime known to the law and the Constitution. Yes, treason against a State, treason against all the States, treason against the Government of the United States, is The instrument was made to be good in perthe highest crime that can be committed, and petuity, and you can take hold of it, not to break those engaged in it should suffer all its penalties.up the Government, but to go on perfecting it I know it is very easy to get up sympathy more and more as it runs down the stream of and sentiment where human blood is about to time be shed, easy to acquire a reputation for leniency and kindness, but sometimes its effects and practical operations produce misery and woe to the mass of mankind. Sometimes an individual whom the law has overtaken, and on whom its penalties are about to be imposed, will appeal and plead with the Executive for the exercise of clemency. But before its exercise he ought to ascertain what is mercy and what is not mercy. It is a very important question, and one which deserves the consideration of those who moralize upon crime and the morals of a nation, whether in some cases action should not be suspended here and transferred to Him who controls all. There, if innocence has been invaded, if wrong has been done, the Controller and Giver of all good, one of whose attributes is mercy, will set it right.

It is not promulging anything that I have not heretofore said to say that traitors must be made odious, that treason must be made odious, that traitors must be punished and impoverished.

They must not only be punished, but their social power must be destroyed. If not, they will still maintain an ascendency, and may again

We find the Government composed of integral parts. An individual is an integer, and a number of individuals form a State; and a State itself is an integer, and the various States form the Union, which is itself an integer-they all making up the Government of the United States. Now we come to the point of my argument, so far as concerns the perpetuity of the Government. We have seen that the Government is composed of parts, each essential to the whole, and the whole essential to each part. Now, if an individual (part of a State) declare war against the whole, in violation of the Constitution, he, as a citizen, has violated the law, and is responsible for the act as an individual. There may be more than one individual, it may go on till they become parts of States. Sometime the rebellion may go on increasing in numbers till the State machinery is overturned, and the country becomes like a man that is paralyzed on one side. But we find in the Constitution a great panacea provided. It provides that the United States (that is, the great integer) shall guarantee to each State (the integers composing the whole) in this Union a republican form of

hand on the other I am equally opposed to con- | people. I am free to say to you that my highest solidation, or the centralization of power in the ambition was to please the people, for I believe hands of a few. Sir, all this has been extorted that when I pleased them, I was pretty nearly from me by the remarks you have offered, and right, and being in the right, I didn't care who as I have already remarked, I might have adopted assailed me. But I was going to say I have alyour speech as my own. I have detained you ways advocated the principle, that government longer than I expected, but Governor Morton is was made for man-not man for goverment; even responsible for that. as the good Book says that the Sabbath was made for man-not man for the Sabbath.

I scarcely know how to express my feeling in view of the kindness you have manifested on this occasion. Perhaps I ought not to add what I am about to say, but human nature is human nature. Indiana first named me for the Vice Presidency, though it was unsolicited by

me.

Indeed, there is not a man can say that I ever approached him on the subject. My eyes were turned to my own State. If I could restore her, the measure of my ambition was complete. I thank the State of Indiana for the confidence and regard she manifested toward me, which has resulted in what is now before me, placing me in the position I now occupy.

In conclusion, I will repeat that the vigor of my youth has been spent in advocating those great principles at the foundation of our Government, and, therefore, I have been by many denounced as a demagogue, I striving to please the

So far as in me lies, those principles shall be carried out; and, in conclusion, I tender you my profound and sincere thanks for your respect and support in the performance of the arduous duties now devolving upon me.

To Virginia Refugees.

April 24, 1865—A large number of Southern refugees had an interview, Hon. John C. Underwood making an address; to which the Presi-. dent replied:

to

It is hardly necessary for me on this occasion nection with this nefarious rebellion beat in unithat say my sympathies and impulses in conthis bitter ordeal, and who participated in it to son with yours. Those who have passed through a great extent, are more competent, as I think, to judge and determine the true policy which should be pursued. [Applause.]

I have but little to say on this question in response to what has been said. It enunciates and expresses my own feelings to the fullest extent, and in much better language than I can at the present moment summon to my aid.

The most that I can say is, that entering upon the duties that have devolved upon me under circumstances that are perilous and responsible, and being thrown into the position I now occupy unexpectedly, in consequence of the sad eventthe heinous assassination which has taken place— in view of all that is before me, and the circumstances that surround me, I cannot but feel that your encouragement and kindness are peculiarly

widows and orphans, who draped the streets of Nashville in mourning, should suffer for his great crime. The work is in our own hands. We can destroy this rebellion. With Grant thundering on the Potomac before Richmond, and Sherman and Thomas on their march toward Atlanta, the day will ere long be ours. Will any madly persist in rebellion? Suppose that an equal number be slain in every battle, it is plain that the result must be the utter extermination of the rebels. Ah! these rebel leaders have a strong personal reason for holding out to save their hecks from the halter; and these leaders must feel the power of the Government! Treason must be made odious, and traitors must be pun-acceptable and appropriate. ished and impoverished. Their great planta- I do not think you have been familiar with tions must be seized, and divided into small my course, if you who are from the South deem it farms, and sold to honest, industrious men. The necessary for me to make any professions as to day for protecting the lands and negroes of these the future on this occasion, or to express what authors of the rebellion is past. It is high time my course will be upon questions that may arise. it was. I have been most deeply pained at some If my past life is no indication of what my things which have come under my observation. future will be, my professions were both worthWe get men in command who, under the influ-less and empty; and in returning you my sinence of flattery, fawning, and caressing, grant protection to the rich traitor, while the poor Union man stands out in the cold, often unable to get a receipt or a voucher for his losses. As far as clemency and mercy are concerned,. [Cries of That's so!" from all parts of the and the proper exercise of the pardoning power, crowd.] The traitor can get lucrative contracts, I think I understand the nature and character while the loyal man is pushed aside, unable to of the latter. In the exercise of clemency and obtain a recognition of his just stripes and shoul- mercy, that pardoning power should be exerder-straps. I want them all to hear what I say. cised with caution. I do not give utterance to I have been on a gridiron for two years at the my opinions on this point in any spirit of resight of these abuses. I blame not the Govern- venge or unkind feelings. Mercy and clemency ment for these things, which are the work of have been pretty large ingredients in my com weak or faithless subordinates. Wrongs will be pound. Having been the executive of a State, committed under every form of government and and thereby placed in a position in which it was every administration. For myself, I mean to necessary to exercise clemency and mercy, I have stand by the Government till the flag of the been charged with going too far, being too leniUnion shall wave over every city, town, hill-ent; and I have become satisfied that mercy top, and cross-roads, in its full power and majesty.

cere thanks for this encouragement and sympathy, I can only reiterate what I have said before, and, in part, what has just been read.

without justice is a crime, and that when mercy and clemency are exercised by the executive it

should always be done in view of justice, and in | and comfort. With this definition it requires the

that manner alone is properly exercised that great prerogative.

The time has come, as you who have had to drink this bitter cup are fully aware, when the American people should be made to understand the true nature of crime. Of crime, generally, our people have a high understanding, as well as of the necessity for its punishment; but in the catalogue of crimes there is one-and that the highest known to the law and the Constitutionof which, since the days of Jefferson and Aaron Burr, they have become oblivious; that is TREASON. Indeed, one who has become distinguished in treason and in this rebellion said, that "when traitors become numerous enough, treason becomes respectable," and to become a traitor was to constitute a portion of the aristocracy of the country.

God protect the people against such an aristocracy.

Yes, the time has come when the people should be taught to understand the length and breath, the depth and height of treason. An individual occupying the highest position among us was lifted to that position by the free offering of the American people-the highest position on the habitable globe. This man we have seen, revered, and loved; one who, if he erred at all, erred ever on the side of clemency and mercy; that man we have seen treason strike through a fitting instrument; and we have beheld him fall like a bright star falling from its sphere.

exercise of no great acumen to ascertain who
are traitors. It requires no great perception to
tell us who have levied war against the United
States, nor does it require any great stretch of
reasoning to ascertain who has given aid to the
enemies of the United States. And when the
Government of the United States does ascertain
who are the conscious and intelligent traitors,
the penalty and the forfeit should be paid.
I know how to appreciate the_condition of
being driven from one's home. I can sympa-
thize with him whose all has been taken from
him; with him who has been denied the place
that gave his children birth; but let us, withal,
in the restoration of true government, proceed
temperately and dispassionately, and hope and
pray that the time will come, as I believe, when
we all can return and remain at our homes, and
treason and traitors be driven from our land;
[applause;] when again law and order shall
reign, and the banner of our country. be un-
furled over every inch of territory within the
area of the United States.

Interview with George L. Stearns.

WASHINGTON, D. C., Oct. 3, 1865 111⁄2, A. M. I have just returned from an interview with President Johnson, in which he talked for an hour on the process of reconstruction of rebel States. His manner was as cordial, and his conversation as free as in 1863, when I met him daily in Nashville.

In conclusion, let me thank you most profoundly for this encouragement and manifestation of your regard and respect, and assure you that I can give no greater assurance regarding the settlement of this question than that I intend to discharge my duty, and in that way which shall in the earliest possible hour bring back peace to our distracted country, and hope the time is not far distant when our people can all Now, there is none but would say, if the ques-return to their homes and firesides, and resume tion came up, what should be done with the in- their various avocations. dividual who assassinated the chief magistrate of a nation-he is but a man, one man after all; but if asked what should be done with the assassin, what should be the penalty, the forfeit exacted, I know what response dwells in every bosom. It is, that he should pay the forfeit with his life. And hence we see that these are times when mercy and clemency without justice become a crime. The one should temper the other and bring about the proper mean. And if we would say this when the case was the simple murder of one man by his fellow man, what should we say when asked what shall be done with him, or them, or those who have raised impious hands to take away the life of a nation composed of thirty millions of people? What would be the reply to that question? But while in mercy we remem ber justice, in the language that has been uttered, I say justice toward the leaders, the conscious leaders; but I also say amnesty, conciliation, clemency, and mercy to the thousands of our countrymen who you and I know have been deceived or driven into this infernal rebellion.

And so I return to where I started from, and again repeat, that it is time our people were taught to know that treason is a crime-not a mere political difference, not a mere contest between two parties, in which one succeded, and the other has simply failed. They must know it is treason, for if they had succeeded, the life of the nation would have been reft from it, the Union would have been destroyed.

Surely the Constitution sufficiently defines treason. It consists in levying war against the United States, and in giving their enemies aid

His countenance is healthier, even more so than when I first knew him.

I remarked that the people of the North were anxious that the process of reconstruction should be thorough, and they wished to support him in the arduous work, but their ideas were confused by the conflicting reports constantly circulated, and especially by the present position of the Democratic party. It is industriously circulated in the Democratic clubs that he was going over to them. He laughingly replied.

Major, have you never known a man who for many years had differed from your views because you were in advance of him, claim them as his own when he came up to your standpoint?"

I replied, "I have, often." He said, "So have I," and went on : The Democratic party finds its old position untenable, and is coming to ours; if it has come up to our position, I am glad of it. You and I need no preparation for this conversation; we can talk freely on this subject, for the thoughts are familiar to us; we can be perfectly frank with each other." He then commenced with saying that the States are in the Union, which is whole and indivisible.

We must not be in too much of a hurry; it is better to let them reconstruct themselves than to force them to it; for if they go wrong the the South that slavery was a political weakness; power is in our hands, and we can check them in any stage, to the end, and oblige them to correct their errors; we must be patient with them. I did not expect to keep out all who If we had no slaves we should have had twelve were excluded from the amnesty, or even a Representatives more, according to the then ralarge number of them; but I intended they tio of representation. Congress apportions repshould sue for pardon, and so realize the enor-resentation by States, not districts, and the State mity of the crime they had committed. apportions by districts.