as the Constitution forbids it, the States could not go out of the Union in fact. A respectable gentleman was lately reciting this argument, when he suddenly stopped and said: 'Did you hear of that atrocious murder committed in our town? A rebel deliberately murdered a Government official.' The person addressed said, 'I think you are mistaken.' 'How so? I saw it myself.' 'You are wrong; no murder was or could be committed, for the law forbids it.'

"The theory that the rebel States, for four years a separate power and without representation in Congress, were all the time here in the Union, is a good deal less ingenious and respectable than the metaphysics of Berkeley, which proved that neither the world nor any human being was in existence. If this theory were simply ridiculous it could be forgiven; but its effect is deeply injurious to the stability of the nation. I can not doubt that the late Confederate States are out of the Union to all intents and purposes for which the conqueror may choose so to consider them.

Mr. Stevens further maintained that the rebel States should be adjudged out of the Union on the ground of estoppel. "They are estopped," said he, "both by matter of record and matter in pais. One of the first resolutions passed by seceded South Carolina in January, 1861, is as follows:

"Resolved, unanimously, That the separation of South Carolina from the Federal Union is final, and she has no further interest in the Constitution of the United States; and that the only appropriate negotiations between her and the Federal Government are as to their mutual relations as foreign States."

"Similar resolutions appear upon all their State and Confederate Government records. The speeches of their members of Congress, their generals and executive officers, and the answers of their Government to our shameful suings for peace, went upon the defiant ground. that no terms would be offered or received except upon the prior acknowledgment of the entire and permanent independence of the Confederate States. After this, to deny that we have a right to treat them as a conquered belligerent, severed from the Union in fact, is not argument but mockery. Whether it be our interest to do so is the only question hereafter and more deliberately to be considered.

"But suppose these powerful but now subdued belligerents, in

stead of being out of the Union, are merely destroyed, and are now lying about, a dead corpse, or with animation so suspended as to be incapable of action, and wholly unable to heal themselves by any unaided movements of their own. Then they may fall under the provision of the Constitution which says, "the United States shall guarantee to every State in the Union a republican form of government." Under that power, can the judiciary, or the President, or the commander-in-chief of the army, or the Senate or House of Representatives, acting separately, restore them to life and reädmit them into the Union? I insist that if each acted separately, though the action of each was identical with all the others, it would amount to nothing. Nothing but the joint action of the two houses of Congress and the concurrence of the President could do it. If the Senate admitted their Senators, and the House their members, it would have no effect on the future action of Congress. The Fortieth Congress might reject both. Such is the ragged record of Congress for the last four years.'

He cited a decision of the Supreme Court to show that "it rests with Congress to decide what government is the established one in a State,” and then remarked: "But Congress does not mean the Senate, or the House of Representatives, and President, all acting severally. Their joint action constitutes Congress. Hence a law of Congress must be passed before any new State can be admitted or any dead ones revived. Until then, no member can be lawfully admitted into either house. Hence, it appears with how little knowledge of constitutional law each branch is urged to admit members separately from these destroyed States. The provision that "each house shall be the judge of the elections, returns, and qualifications of its own members,' has not the most distant bearing on this question. Congress must create States and declare when they are entitled to be represented. Then each house must judge whether the members presenting themselves from a recognized State possesses the requisite qualifications of age, residence, and citizenship, and whether the election and returns are according to law. The houses sep

arately can judge of nothing else.

"It is obvious from all this, that the first duty of Congress is to pass a law declaring the condition of these outside or defunct States, and providing proper civil government for them. Since

the conquest, they have been governed by martial law. Military rule is necessarily despotic, and ought not to exist longer than is absolutely necessary. As there are no symptoms that the people of these provinces will be prepared to participate in constitutional government for some years, I know of no arrangement so proper for them as territorial government. There they can learn the principles of freedom and eat the fruit of foul rebellion. Under such governments, while electing members to the territorial legislatures, they will necessarily mingle with those to whom Congress shall extend the right of suffrage. In territories Congress fixes the qualifications of electors, and I know of no better place nor better occasion for the conquered rebels and the conqueror to practice justice to all men and accustom themselves to make and obey equal laws."

Mr. Stevens proceeded to specify amendments to the Constitution which should be made before the late rebel States "would be capable of acting in the Union." The first of those amendments would be to change the basis of representation among the States from federal numbers to actual voters. After explaining the operation of this amendment, he depicted the consequences of readmitting the Southern States without this guarantee. "With the basis unchanged," said he, "the eighty-three Southern members, with the Democrats that will in the best of times be elected from the North, will always give them the majority in Congress and in the Electoral College. They will, at the very first election, take possession of the White House and the halls of Congress. I need not depict the ruin that would follow. Assumption of the rebel debt or repudiation of the Federal debt would be sure to follow; the oppression of the freedmen, the reämendment of their State constitutions, and the reestablishment of slavery would be the inevitable result."

Mr. Stevens thus set forth the importance of a proposed amendment to allow Congress to lay a duty on exports: "Its importance can not well be overstated. It is very obvious that for many years the South will not pay much under our internal revenue laws. The only article on which we can raise any considerable amount is cotton. It will be grown largely at once. With ten cents a pound export duty, it would be furnished cheaper to foreign markets than they could obtain it from any other part of the world. The late war has shown that. Two million bales

exported, at five hundred pounds to the bale, would yield $100,000,000. This seems to be the chief revenue we shall ever derive from the South. Besides, it would be a protection to that amount to our domestic manufactures. Other proposed amendments-to make all laws uniform, to prohibit the assumption of the rebel debt—are of vital importance, and the only thing that can prevent the combined forces of copperheads and secessionists from legislating against the interests of the Union whenever they may obtain an accidental majority.

"But this is not all that we ought to do before these inveterate rebels are invited to participate in our legislation. We have turned, or are about to turn, loose four million slaves, without a hut to shelter them or a cent in their pockets. The infernal laws of slavery have prevented them from acquiring an education, understanding the commonest laws of contract, or of managing the ordinary business of life. This Congress is bound to provide for them until they can take care of themselves. If we do not furnish them with homesteads, and hedge them around with protective laws; if we leave them to the legislation of their late masters, we had better have left them in bondage. Their condi-* tion would be worse than that of our prisoners at Andersonville. If we fail in this great duty now, when we have the power, we shall deserve and receive the execration of history and of all future ages.

"Two things are of vital importance: 1. So to establish a principle that none of the rebel States shall be counted in any of the amendments of the Constitution until they are duly admitted into the family of States by the law-making power of their conqueror. For more than six months the amendment of the Constitution abolishing slavery has been ratified by the Legislatures of three-fourths of the States that acted on its passage by Congress, and which had Legislatures, or which were States capable of acting, or required to act, on the question.

"I take no account of the aggregation of whitewashed rebels, who, without any legal authority, have assembled in the capitals of the late rebel States and simulated legislative bodies. Nor do I regard with any respect the cunning by-play into which they deluded the Secretary of State by frequent telegraphic announcements that 'South Carolina had adopted the amendment,' 'Alabama has adopted the amendment, being the twenty-seventh State,'

etc. This was intended to delude the people and accustom Congress to hear repeated the names of these extinct States as if they were alive, when, in truth, they have now no more existence than the revolted cities of Latium, two-thirds of whose people were colonized, and their property confiscated, and their rights of citizenship withdrawn by conquering and avenging Rome."

A second thing of vital importance to the stability of this republic, Mr. Stevens asserted to be "that it should now be solemnly decided what power can revive, recreate, and reinstate these provinces into the family of States, and invest them with the rights of American citizens. It is time that Congress should assert its sovereignty, and assume something of the dignity of a Roman senate. It is fortunate that the President invites Congress to take this manly attitude. After stating, with great frankness, in his able message, his theory-which, however, is found to be impracticable, and which, I believe, very few now consider tenable-he refers the whole matter to the judgment of Congress. If Congress should fail firmly and wisely to discharge that high duty, it is not the fault of the President."

Mr. Stevens closed his speech by setting the seal of reprobation upon a doctrine which is becoming too fashionable, that "this is a white man's Government." He uttered a severe rebuke to those who thus "mislead and miseducate the public mind.”

There were some Republicans in Congress who disagreed with Mr. Stevens in his theory of the condition of the late rebel States, yet no one ventured-immediately, to use a contemporary expression, "to take the Radical bull by the horns."

At length, three days afterward, Mr. Raymond, as a representative of the "Conservatives," ventured a reply. He thus set forth his theory as in opposition to that of Mr. Stevens: "I can not believe that these States have ever been out of the Union, or that they are now out of the Union. I can not believe that they ever have been, or are now, in any sense a separate power. If they were, sir, how and when did they become so? They were once States of this Union-that every one concedes; bound to the Union and made members of the Union by the Constitution of the United States. If they ever went out of the Union, it was at some specific time and by some specific act. Was it by the ordinance of secession? I think we all agree that an ordinance of secession passed by any State of this Union is simply a nullity,