authority. They are simply conquered communities, and we hold them, as we know well, as the world knows to-day, not by their own free will and consent as members of the Union, but solely by virtue of our military power, which is executed to that effect throughout the length and breadth of the rebel States. There is in those States no rightful authority, according to my view, at this time, but that of the United States; and every political act, every governmental act exercised within their limits, must necessarily be exercised and performed under the sanction and by the will of the conqueror.

"In short, sir, they are not to-day loyal States; their population are not willing to-day, if we are rightly informed, to perform peaceably, quietly, and efficiently the duties which pertain to the population of a State in the Union and of the Union; and for one I can not consent to recognize them, even indirectly, as entitled to be represented in either house of Congress at this time. The time has not yet come, in my judgment, to do this. I think that, under present circumstances, it is due to the country that we should give them the assurance that we will not thus hastily reädmit to seats in the legislative bodies here the representatives of constituencies who are still hostile to the authority of the United States. I think that such constituencies are not entitled to be represented here."

Mr. Anthony, of Rhode Island, said: "The amendment was proposed from no opposition to what I understand to be the purpose of the words stricken out. That purpose I understand to be that both houses shall act in concert in any measures which they may take for the reconstruction of the States lately in rebellion. I think that that object is eminently desirable, and not only that the two houses shall act in concert, but that Congress shall act in concert with the Executive; that all branches of the Government shall approach this great question in a spirit of comprehensive patriotism, with confidence in each other, with a conciliatory temper toward each other, and that each branch of the Government will be ready, if necessary, to concede something of their own views in order to meet the views of those who are equally charged with the responsibility of public affairs.

"The words proposed to be stricken out refer to the joint committee of the two houses of Congress matters which the Constitution confides to each house separately. Each house is made, [

by the Constitution, the judge of the elections, returns, and qualifications of its own members.

"There is one other reason why I move this amendment, and that is, that the resolution provides that papers shall be referred to this committee without debate. This is contrary to the practice of the Senate. The House of Representatives has found it necessary, for the orderly transaction of its business, to put limitations upon debate, hence the previous question and the hour rule; but the Senate has always resisted every proposition of this kind, and submitted to any inconvenience rather than check free discussion. Senators around me, who were here in the minority, felt that the right of debate was a very precious one to them at that time, and, as it was not taken from them, they are not disposed to take it from the minority now.

"The purpose of all that is stricken out can be effected by the separate action of the two houses, if they shall so elect. The House of Representatives, having passed this resolution by a great vote, will undoubtedly adopt, in a separate resolution, what is here stricken out; and, except so far as relates to the restriction upon debate, I shall, if this amendment be adopted and the resolution passed, offer a resolution substantially declaring it to be the opinion of the Senate that, until this committee reportspresuming that it will report in a reasonable time-no action should be taken upon the representation of the States lately in rebellion."

Mr. Doolittle, of Wisconsin, said: "All of these great questions, concerning reconstruction, pacification, and restoration of civil government in the Southern States, representation in this body, or any thing which concerns of Federal relations with the several States, ought to be referred to the Committee on the Judiciary. Such has been the practice of this Government from the beginning. Great questions of constitutional law, questions concerning the relations of the Union to the States and the States to the Union, and above all, and without any exception, all questions relating to representation in this body, to its membership, have always been referred to the Judiciary Committee.

"There is nothing in the history of the Senate, there is nothing in the constitution of this committee, which would send these great constitutional questions for advisement and consideration to any other committee than the Committee on the Judiciary.

To place their consideration in the hands of a committee which is beyond the control of the Senate, is to distrust ourselves; and to vote to send their consideration to any other committee, is equivalent to a vote of want of confidence in the Judiciary Committee.

"I object to this resolution, because, upon these great questions which are to go to the joint committee, the Senate does not stand upon an equality with the House. This resolution provides that, of the joint committee of fifteen, nine shall be appointed by the House of Representatives, six only by the Senate, giving to the House portion of the committee a majority of three. We all know that in joint committees the members vote, not as the representatives of the two houses, but per capita. The vote of a member of the committee from the House weighs precisely the same as the vote of a member of the committee from the Senate; so that, to all intents and purposes, if we pass this concurrent resolution, which we can not repeal but by the concurrence of the other house, we place the consideration of these grave questions in the hands of a committee which we can not control, and in which we have no equal voice.

"Under the Constitution, upon all subjects of legislation but one, the two houses are equal and coördinate branches of Congress. That one relates to their representation in the bodies, to their membership, that which constitutes their existence, which is essential to their life and their independence. That is confided to each house, and to each house alone, to act for itself. It judges for itself upon the elections, returns, and qualifications of its members. It judges, it admits, it punishes, it expels. It can not share that responsibility with any other department of the Government. It can no more share it with the other house than it can share it with the Supreme Court or with the President. It is a matter over which its jurisdiction is exclusive of every other jurisdiction. It is a matter in which its decisions, right or wrong, are absolute and without appeal. In my opinion the Senate of the United States can not give to a committee beyond its control this question of the representation in this body, without a loss of its self-respect, its dignity, its independence; without an abandonment of its constitutional duty and a surrender of its constitutional powers.

"There is another provision in this resolution, as it stands,

that we shall refer every paper to the committee without debate. Yes, sir, the Senate of the United States is to be led like a lamb to the slaughter, bound hand and foot, shorn of its constitutional power, and gagged, dumb, like the sheep brought to the block! Is this the condition to which the Senator from Michigan proposes to reduce the Senate of the United States by insisting upon such a provision as that contained in the resolution as it comes from the House of Representatives?

"There is a still graver objection to this resolution as it stands. The provision that 'until such report shall have been made and finally acted on by Congress, no member shall be received into either house from any of the so-called Confederate States,' is a provision which, by law, excludes those eleven States from their representation in the Union. Sir, pass that resolution as it stands, and let it receive the signature of the President, and you have accomplished what the rebellion could not accomplish, what the sacrifice of half a million men could not accomplish in warring against this Government-you have dissolved the Union by act of Congress. Sir, are we prepared to sanction that? I trust

never.

"The Senator from Michigan talks about the status of these States. He may very properly raise the question whether they have any Legislatures that are capable of electing Senators to this body. That is a question of fact to be considered; but as to whether they are States, and States still within the Union, notwithstanding their civil form of government has been overturned by the rebellion, and their Legislatures have been disorganized, that they are still States in this Union is the most sacred truth and the dearest truth to every American heart, and it will be maintained by the American people against all opposition, come from what quarter it may. Sir, the flag that now floats on the top of this Capitol bears thirty-six stars. Every star represents a State in this Union. I ask the Senator from Michigan, does that flag, as it floats there, speak the nation's truth to our people and to the world, or is it a hypocritical, flaunting lie? That flag has been borne at the head of our conquering legions through the whole South, planted at Vicksburg, planted at Columbia, Savannah, Charleston, Sumter; the same old flag which came down before the rebellion at Sumter was raised up again, and it still bore the same glorious stars; 'not a star obscured,' not one.

"These people have been disorganized in their civil governments in consequence of the war; the rebels overturned civil government in the first place, and we entered with our armies and captured the rebellion; but did that destroy the States? Not at all. We entered the States to save them, not to destroy them. The guarantee of the Constitution is a guarantee to the States, and to every one of the States, and the obligation that rests upon us is to guarantee to South Carolina a republican form of government as a State in this Union, and not as a Territory. No State nor the people of any State had any power to withdraw from the Union. They could not do it peacefully; they undertook to do it by arms. We crushed the attempt; we trampled their armies under our feet; we captured the rebellion; the States are ours; and we entered them to save, and not to destroy.

"The Constitution of the United States requires the President, from time to time, to give to Congress information of the state of the Union. Who has any right to presume that the President will not furnish the information which his constitutional duty requires? He has at his control all the agencies which are necessary. There is the able Cabinet who surround him, with all the officers appointed under them: the post-masters under the Postoffice Department, the treasury agents under the Treasury Department, and almost two hundred thousand men under the control of the War Department, in every part of this 'disaffected' region, who can bring to the President information from every quarter of all the transactions that exist there. That the President of the United States will be sustained, in the views which he takes in his message, by the people of this country, is as certain as the revolutions of the earth; and it is our duty to act harmoniously with him, to sustain him, to hold up his hands, to strengthen his heart, to speak to him words of faith, friendship, and courage.

"I know that in all these Southern States there are a thousand things to give us pain, sometimes alarm, but notwithstanding the bad appearance which from time to time presents itself in the midst of that boiling caldron of passion and excitement which the war has left still raging there, the real progress which we have made has been most wonderful. I am one of those who look forward with hope, for I believe God reigns and rules in the affairs of mankind. I look beyond the excitement of the hour and all the outbreaking passion which sometimes shows