already adduced in the Senate," hence but little effort was made by the friends of the measure to reply.

Mr. Sherman, in noticing the President's statements in regard to the danger of invasions by Congress of the just powers of the executive and judicial departments, said, "I do not think that there is any occasion for such a warning, because I am not aware that in this bill Congress has ever assumed any doubtful power. The power of Congress over this District is without limit, and, therefore, in prescribing who shall vote for mayor and city council of this city it can not be claimed that we usurp power or exercise a doubtful power.

"There can be but little danger from Congress; for our acts are but the reflection of the will of the people. The recent acts of Congress at the last session, those acts upon which the President and Congress separated, were submitted to the people, and they decided in favor of Congress. Unless, therefore, there is an inherent danger from a republican government, resting solely upon the will of the people, there is no occasion for the warning of the President. Unless the judgment of one man is better than the combined judgment of a great majority, he should have respected their decision, and not continue a controversy in which our common constituency have decided that he was wrong."

The last speech, before taking the vote, was made by Mr. Doolittle. "Men speak," said he, "of universal negro suffrage as having been spoken in favor of in the late election. There is not a State in this Union, outside of New England, which would vote in favor of universal negro suffrage. When gentlemen tell me that the people of the whole North, by any thing that transpired in the late election, have decided in favor of universal, unqualified negro suffrage, they assume that for which there is no foundation whatever."

The question being taken whether the bill should pass over the President's veto, the Senate decided in the affirmative by a vote of twenty-nine yeas to ten nays.

The next day, January 8th, the bill was passed over the veto by the House of Representatives, without debate, by a vote of one hundred and thirteen yeas to thirty-eight nays. The Speaker then declared that notwithstanding the objections of the President of the United States, the act to regulate the elective franchise in the District of Columbia had become a law.

CHAPTER XXII.

THE MILITARY RECONSTRUCTION ACT.

PROPOSITION By Mr. Stevens-"PIRATICAL GOVERNMENTS" NOT TO BE RECOGNIZED THE MILITARY FEATURE INTRODUCED-MR. SCHOFIELD'S DOG-THE ONLY HOPE OF MR. HISE-CONVERSATION CONCERNING THE RECONSTRUCTION COMMITTEE CENSURE OF A MEMBER-A MILITARY BILL REPORTED-WAR PREDICTED THE "BLAINE AMENDMENT"-BILL PASSES THE HOUSE-IN THE SENATE PROPOSITION TO AMEND MR. MCDOUGALL DESIRES LIBERTY OF SPEECH-MR. DOOLITTLE PLEADS FOR THE LIFE OF THE REPUBLIC-MR. SHERMAN'S AMENDMENT-PASSAGE IN THE SENATE-DISCUSSION AND NONCONCURRENCE IN THE HOUSE-THE SENATE UNYIELDING-QUALIFIED CONCURRENCE OF THE HOUSE-THE VETO-"THE FUNERAL OF THE NATION"THE ACT-SUPPLEMENTARY LEGISLATION.

(OON after the passage of the bill extending the elective franchise in the District of Columbia, Congress was occupied in devising and discussing a practical and efficient measure for the reconstruction of the rebel States. The germ

of the great "Act for the more efficient government of the rebel States" is to be found in the previous session of Congress in a proposition made by Mr. Stevens on the 28th of May "to enable the States lately in rebellion to regain their privileges in the Union."

The Constitutional Amendment had been eliminated in the Senate of features which Mr. Stevens regarded as of great importance. There was an indisposition on the part of the House to declaring by an act of Congress that the rebel States should be restored on the sole condition of their accepting and ratifying the Constitutional Amendment. The bill proposed by Mr. Stevens was designed by its author as a plan of restoration to take the place of the proposition which accompanied the Constitutional Amendment. This bill recognized the de facto State governments at the South as valid "for municipal purposes." It required the President to issue a proclamation within six months calling

conventions to form legitimate State constitutions, which should be ratified by the people. All male citizens above twenty-one years of age should be voters, and should be eligible to membership in these constitutional conventions. All persons who held office under the "government called the Confederate States of America," or swore allegiance thereto, were declared to have forfeited their citizenship, and were required to be naturalized as foreigners before being allowed to vote. All citizens should be placed upon an equal footing in the reörganized States.

On the 28th of July, the last day of the session, Mr. Stevens brought this bill to the notice of the House, without demanding any action upon it. He made a solemn and affecting appeal to the House, and insisted upon it as the great duty of Congress to give all loyal men, white and black, the means of self-protection. "In this, perhaps my final action," said he, "on this great question, upon careful review, I can see nothing in my political course, especially in regard to human freedom, which I could wish to have expurged or changed."

On the 19th of December, 1866, a few days after the reassembling of Congress for the second session, Mr. Stevens called up his bill for the purpose of amending it and putting it in proper shape for the consideration of Congress after the hollidays.

On the 3d of January, 1867, Mr. Stevens addressed the House in favor of his plan of reconstruction. "This bill," said he, "is designed to enable loyal men, so far as I could discriminate them in these States, to form governments which shall be in loyal hands, and may protect them from outrages."

As an amendment to this bill, Mr. Ashley, chairman of the Committee on Territories, offered a substitute which was intended to establish provisional governments in the rebel States.

Mr. Pike brought in review before the House three modes of dealing with the rebel States which had been proposed for the consideration and decision of Congress. The first was the immediate admission of the States into a full participation in the Government, treating them as if they had never been in rebellion. The second was "the let-alone policy, which would merely refuse them representation until they had adopted the constitutional amendments." The third mode was "the immediate action by Congress in superseding the governments of those States set up by the President in 1865, and establishing

in their place governments founded upon loyalty and universal suffrage. The policy last mentioned was advocated by Mr. Pike. "It has got to be time for action," said he, “if we are to fulfill the reasonable expectations of the country during the life of this Congress."

On the 7th of January Mr. Stevens proposed to amend his bill by inserting a provision that no person should be disfranchised as a punishment for any crime other than insurrection or treason. He gave as a reason for proposing this amendment that in North Carolina, and other States where punishment at the whipping-post deprives the person of the right to vote, they were every day whipping negroes for trivial offenses. He had heard of one county where the authorities had whipped every adult negro they knew of.

On the 8th of January a speech was made by Mr. Broomall advocating the passage of the bill before the House. "Can the negro in the South preserve his civil rights without political ones?" he asked. "Let the convention riot of New Orleans answer; let the terrible three days in Memphis answer. In the latter city three hundred negroes, who had periled their lives in the service of their country, and still wore its uniform, were compelled to look on while the officers of the law, elected by white men, set their dwellings in flames and fired upon their wives and children as they escaped from the doors and windows. Their churches and school-houses were burned because they were their churches and school-houses. Yet no arrest, no conviction, no punishment awaits the perpetrators of these deeds, who walk in open day and boast of their enormities, because, forsooth, this is a white man's Government."

On the 16th of January the discussion was resumed. Mr. Paine first addressed the House. He opposed the second section of the bill, which recognized the de facto governments of the rebel States as valid for municipal purposes. "I am surprised," said he, "that the gentleman from Pennsylvania should be ready, voluntarily, to assume this burden of responsibility for the anarchy of murder, robbery, and arson which reigns in these so-called de facto governments. He may be able to get this fearful burden upon his back; but if he does, I warn him of the danger that the sands of his life will all run out before he will be able to shake it off. He will have these piratical governments on his

hands voluntarily recognized as valid for municipal purposes until duly altered. He will have gratuitously become a copartner in the guilt which hitherto has rested upon the souls of Andrew Johnson and his Northern and Southern satellites, but which thenceforth will rest on his soul also until he can contrive duly to alter these governments. And so it will happen that the great Union party to which he belongs, and to which I belong, will become implicated, for how long a time God only knows, in this unspeakable iniquity which daily and hourly cries to Heaven from every rood of rebel soil for vengeance on these monsters."

Mr. Bingham moved to refer the two bills-that of Mr. Stevens and that of Mr. Ashley-to the Committee on Reconstruction. He opposed these bills as "a substantial denial of the right of the great people who saved this republic by arms to save it by fundamental law." He advocated the propriety of making the proposed Constitutional Amendment the basis of reconstruction. It had already received the ratification of the Legislatures representing not less than twelve millions of the people of this nation. The fact that all the rebel States which had considered the amendment in their Legislatures had rejected it did not invalidate this mode of reconstruction. "Those insurrectionary States," said he, "have no power whatever as States of this Union, and can not lawfully restrain, for a single moment, that great body of freemen who cover this continent from ocean to ocean, now organized States of the Union and represented here, in their fixed purpose and undoubted legal right to incorporate the amendment into the Constitution of the United States."

Mr. Bingham maintained that Congress has the power, without restriction by the Executive or the Supreme Court, to "propose amendments to the Constitutions, and to decide finally the question of the ratification thereof, as well as to legislate for the nation." "I look upon both these bills," said Mr. Bingham, "as a manifest departure from the spirit and intent of our Constitutional Amendment. I look upon it as an attempt to take away from the people of the States lately in rebellion that protection which you have attempted to secure to them by your Constitutional Amendment."

Mr. Dawson, in a speech of an hour's duration, maintained