A P(O}LITCA7 L MS, NU A_ FOR 16G anad 86'7 OF V El EG.ISLATI, JUDI ICI. L, POtLI' TI I ILTTI ARY, AND GENERAL FA.ACTS, FRaioM APRIL, 15, 1865, TO APRIL 1, 1867i, AND INCLUDING THETi' DiEVELOPM\IENT OF TI-E PRESIDENTI.AL AND THE CONGRESSIOXNA'L PLAN OF R: C0 0 NO S T R U' C T I 0 i,9^, WITH-F THE-I PECULIARITIESJ OF EACH, B-Y EDW ARD -.McPHERSON, CI(.'E, OF THF HiOUSE OF RDEPRESENTATIVES OF THE UNITED STATES, WASHINGTON, D. C. 1867 'TT TTTTTTTTTTFYTTY TT rTTTT TTTTTTTYTTTY YTTTy TTTTTTTTTTTTT TTTTrTTTTTTT1 Tappan Pre8huteslan RI s 6o1ation E LIBRARY. resented by'OM D. BE LTHUME DU FIELD, From Library of Rev. Geo. Duffield, D.D. En tered accordig to At of Cogress, in the year 1867, by —Entered according to Act of Congress, in thle year 1867, by EDWARD i McPHERSON, In the Clerk's Ofiice of the Supreme Court of the United States for the District of Columbia. STEREOTYPED BY Xd'GILL & WITHEROW, WASHINGTON, D. C. PREFACE. This volume contains both the Manual for 1866 and that for 1867, and has been prepared in this form as'the most convenient for use in those States in which the expediency of Reconstruction on the Congressional plan is now under discussion, and will soon be decided. In this view, it appeared to be important to have in compact and accurate form all the political data developed since President Johnson took office, illustrating the two plans' of settlement. The Volume presents some strange contirasts, markin'g the progress of events. What can be more startling than the transition of the colored men of the Insurrectionary States from the condition to which the proposed -Freedmen's Codes (pages 29-44) would have reduced them, to the power of that complete enfranchisement which has been secured in the Reconstruction acts? The traces of the growth of feeling and opinion which resulted in this marvellous change are manifest on many pages of what must long continue to be among the remarkable and beneficent chapters in the world's history. In the votes given, the names of Democrats are itclicized. It is hoped the various facts gathered may prove useful to persons engaged or interested in public affairs. EDWARD M cPHERSON. WASHINGTON, D. C., April 25, 1867. TABLE OF C O T E T S. I. Constitution of the United States — r. IV. Legislation respecting Freedmen...8.... -44 Seward's Certificate of the Ratification In North Carolina-Mississippi-Georgiaof the Anti-Slavery Amendent.................... 1-6 Alabama-South Carolina, and Genera] Sickles's Order relative thereto —Florida11, President Johnson's Orders and Procla- Virginia, and General Terry's Order susmations...............~-.............7-1.8 pending the Vagrant Act-Tennlessee~Respecting Commercial Intercourse-Trial Texas-Louisiana. and Punishment of the Assassins of Abraham. Lincoln —Arest of Jefferson Davis, V. President Johnson's Interviews and Clement C. Clay, and others-To re-estab- pches lish the Authority of the United States peeches....44-3 in Virginia-lEquality of Rights with Mari- Relmarks to citizens of Indiana-Nashville time Nation —The Blockade-Amnesty- Speech, June 9, 1864'-To Virginia RefugeesAppointing Provisional Governlor for North Interview with George L. Stearns-Address Carolina, and other Insurrectionary States to Colored Soldiers, October 10, 1865-Inter-Freedmen- Suppression of Rebellion in view with Senator Dixon -With Colored Tennessee-Paroled Prisoners - Martial Delegation respecting Suffrage, with reply Law withdrawxn from Kentucky-Anl nul- of-Remiarks to Committee of the Virginia ling the Susnension of the 2-lsbeas Cpus Co s Legislature-Speech of February 22, 1866 — -Declaring theRebellion Ended-Appoint- To the Colored People of the District of ments to Ofice —Trials by Military Courts Columbia. -Against the Fenian Invasion of Canada. II. Action of the Conventions and Legis- VI. Annual, Special, and Veto Messages of latures of the Lately Insuirrectionary President Johnson, with Copies of the VeStates....................................2.................... 18-2 toed Bills, and the Votes on them........... 4EProclaations of -Provisiosal Goveri lrs nnual Message, December 4, 1865-On the condition ofthe late Insurrectionary States, nances thereof —Enantme Tts of Legisla- and General Grant's accompanying Retures-Telegrams of President Jolnson port-Veto of the Freedimen's Bureau Bill. and Secretary Seward resp)ecting tIe Rebel prt-Vi eto of tnd Votes-ed o o the CBill Debt, Colored Suffrage, Anti-Slavery ights l, with Copy and notes- eto of _Amendment, Admission to Congress of the Coloralo Bill, with Copy ald V otes- Senators and Representatives elect-Presi- o i io Cop nd Vi - dent Lincoln's Letter to Governor I-Iahn, e ent poposed onsttut March 13, 1864, on Colored Suftlage, and his ent. Telegram of April 12, 1865, prohibiting the.meeting of the Rebel Legislature of Vir- VII. Majority and Minority, Reports of the ginia. Joint Committee on Reconstruction.......84-1@1 i1 TABLE OF CONTENTS. VSII. Votes on Proposed Contitutional 1 struction Bill, with copy and votes-AcAmendment...................... 102-10 companying the Approval of a ReconstrucOn Constitntional Amendment as finally tio Aprpriati Bill. adopted —the Accompanying Bills-Thie, V. M.embers of the Cabinet of President JohlnAniendimenton Representation and Direct. a, ad of the econd ession of e 3-h onTaxes-On Representadion-On imnui-an Taxes-On Representadoii-Onl-1 Imuntli i so0~ and of thve Second Session of the 39th Con-. ties of Citizens-On Tennessee-On Rebel gress, and First Session of 40th Congress, and Debt. of Claimants of Seats therein..............181-183 IX.- Members of the Cabinet of President XV I. Votes oin Political Bills ancd ResollJonson, and of the 39th Congress, and of ions..........................................................183-190 Claimants of Seats therein.....................107-109 Repeal of Power to Pardon by Proclamation-Representation of Rebel StatesX. Votes in the IRouse of;Representatives on Ellective Franchise in the Territories-FePolitical Iesolutions.10-14 ale.nd......ie............... male Suf e, and Intelligence SlufrageT.iest Oath of Attorneys~- Valida ting- certain On Public Debt-Punishment of Treason- Test Oatt of Attorneys Vahidatig eertain blic t-Punishmnt of TreProclamations and Acts of the President — Represe tati on of ltely nl3suetollrect lry Homesteads in Sout hern States-To SusStates —El1ective Franchise in the States — pend the PIayment of Bounties for Slaves Test Oath-Test Oath for Lawyers-aEn- iriafted or Volunteered-Bill to }iestore the dorsemlent of the President's Policyr-With- Possession of Lands Confiscated by the Redrawal of Military Forces-Legal Eftect of bel Atilhorite, s-Po0posed Im peachinent R~ebellion -iDuty of Cong i essoW Writ of HS- of PLesident Johnson, votes and Report bees Corpes —Tbanks to the President- upoll. Recognition of Statte G-overnment of North o. Carolina-Trial of Jefferson Davis —Neui- XVXIi. Text of the Reconstruction M.easures trality-The Feniais. of 3th ansa 40th Congresses.................. 191-194 XI. Votes on Politia.l Bills...............114-117 Fourtee:th Constitutional Amendment -Reconstruction Act, and Supplement Suffrage in District of Columbia-Extend- thereto —Copy of Test Oath-Votes of Leging the Homnestead Act-ItJacecas Cor0?us- islatures on 14ith Amenndelent. West Virginia Bill-Elective Franchise in the Territories. XIX. Procl1anatio4ns aone i Orders.......194-208 II. Polttial and tilit~ary~ M~iscellasne-: Presiilent Johnlsonl's Proclamations on the Re-establishment of Civil Authority, on 0us..................-.......................... 117-124 Anmerican Vessels in certain Ports of JaUnio Nationall Platform of 1864 —Demo- pan, respecting Decree of Maximilian, recratic National Platform of 1864-Call for specting Vessels of the Hawaiian Islands, National Union Cojvention, 1860 —Address and Declaring Niebraska a State; his Orof Democratic Members of Congress, 1866- ders withdrawing the Rewavrd for the ArElections of 1866-Lee's Surrender to Grant rest of John s-. Surratt, and Release of Con-The Sherman-Johnston Agreement, and victs; is tl elegrtams to Provisional Govits Disapproval-Grant's Orders —Pennsyl-' ernor Throcklnortlonl, of Texas, Governor vania and Maryland Platformls of 1866- Brownlow, of Tennessee, and MIontglomery Convention of Southern Unionists. Blair — eneral Grant's Order.Revoking Order Respecting Disloyal N ewspapersXSI, Tabular Statements on Representa- Assigning Commanllders to MIilitary Distion, Tariff, and the -Public Debt......-.125-126 tricts under Reconstruction Bill-Various Census Tables showing Population, Voting Orders of said Commandza ers-Governor Population, Present Apportionment, and Brownlow s Proclamnation respecting effect\of proposed changes-Table of Votes, State (Garl. by States and Sections, on the Tariffs of I'X, Judicial opinions.............................. 20 9-,40 1816, 1824, 1828, 1832, 1842, 1846, 1857, 1861, 1864, naGl tIhe Bill of 11006-The Pablic Debtl t, Jane Opinions of Judge Davis and Chief Justice and the Bill of 1866 —The Public Debt, June 1, 1,10. Chase on Habeas Corpus —Of Judges Field, "-X~~~ *'~~ arfand Miller, Chief Justice Cartter, and Judge XIV. President Johnson's Speeches.........17-13 ylie on Test Oaths-Of Chief Justice On receiving the Proceedings of the Phila- Chase on the Mississippi Ijunction Case. delphia 14th~ of Aug-Last Convention-In L 1 XXI. Resolutions of National and State ConNew York~ —In Cleveland —In St. Louis — Interview with Charles G. Halpine. ventions -.- 24-............................... 40-57 Of Plliladelphia 14th of August-Of SouthXV. President Joshson's Messages........143-181 ern Loyalists-Pittsburg Soldiers' and SailAnnual Message, December 5, 1866-Veto of ors' —Of Cleveland Soldiers' and,ailors'the Second Freedmen's Bureau Bill, vith Platforms of Parties in Connecticut, Marycopy and votes l-especting Restoring Ten- land, Ohio, Tennessee, Alabama, Arkansas, nessee to her Relations to the Union-Veto North Carolina, South Carolina, and Virof the District of Columbia Suffrage Bill, ginia-The Kentucky and Virginia Reswith copy and votes-Veto of the Second olutions of 1798. Colorado Bill, with copy and votes-Veto of the Nebraska Bill, with copy and votes XXII. Political Miscellany.................... 25 -Veto of the Reconstruction Bill, with The Elective Franchise in the States-Procopy and votes-Veto of the Civil Tenure posed.Substitute for 14th Amendment — Bill, vwith copy and votes-Accompanying Elections of 1867-Recent Legislation in the Approval of the Army Appropriation Maryland-Constitutional ConventionsBill-Veto of the Supplenentary Recon- Public Debt of United States. POZITCKL MANiSAL FORA 1866. lo CONSTITUTION OF THE UNITED STATES, WE the People of the United States, in order to of shall issue Writs of Election to fill such Vas form a more perfect Union, establish Justice, cancies. insure domestic Tranquillity, provide for the The House of Representatives shall chuse their common defence, promote the general WVelfare, "Speaker and other Officers; and shall have the and secure the Blessings of Liberty to our- sole Power of Impeachment. selves and our Posterity, do ordain and estab- SEc. 3. The Senate of the United States shall lish this CONSTITUTION for the United States be composed of two Senators from each State, of America. chosen by the Legislature thereof, for six Years; ArTICI, 1. and each Senator shall have one Vote. Immediately after they shall be assembled in SECTION 1. All legislative Powers herein Consequence of the first Election, they shall be granted shall be vested in a Congress of the divided as equally as may be into three Classes, lUnited States, which shall consist of a Senate The Seats of the Senators of the first Class shall and House of Representatives. be vacated at the Expiration of the second Year, Suc. 2. The House of Representatives slall be of the second Class at the Expiration of the composed of Mfembers chosen every second Year fourth Year, and of the third Class at the Expiby the People of the several States, and the Elec- ration of the sixth Year, so that one-third may tors in each State shall have the Qualifications be chosen every second Year; and if Vacancies requisite for Electors of the most numerous happen by Resignation, or otherwise, during the Branci of the State-Legislature. Recess of the Legislature of any State, the ExNo Person lhall he a Representative who ecutive thereof may make temporary Appointshall not have attained to the Age of twenty- ments until the next IMeeting of the Legislature, five Year,, and been seven Years a Citizen of which shall then fill such Vacancies. thie United States, and who shall not, when No Person shall be a Senator who shall not elected, be an Inhabitant of that State in which have attained to the Age of thirty Years, and lie shall be chosen. been nine Years a Citizen of the United States, Representa.tives and direct Taxes shall be ap- and who shall not, when elected, be an Inhabortioned among, tlhe several States whiclh may itant of that State for which he shall be chosen, Le included withsin this Union, according to The Vice President of the United States shall their respective Nuuimbers, which shall be deter- be President of the Senate, but shall have no mined by addling to the whole Number of free Vote, unless they be equally divided. Persons, icucluding those bound to Service for a The Senate shall chuse their other Officers, Term of Years, and excluding Indians not taxed, and also a President pro tempore, in the Absence three fifths of all other Persons. The actual of the Vice President, or when he shall exercise Enumeratsion shall be made within t;llree Years the Office of President of the United States. after the first Meeting of the Congress of the The Senate shall have the sole Power to try United States, and oithin every subsequent all Impeachments. When sitting for that PurTerm of ten Years, in such Manner as they pose, they shall be on Oath or Affirmation, shall by Law direct. The Number of Repre- When the President of the United States is tried, sentatives shall not exceed one for every thirty the Chief Justice shall preside: And no Person Thousand, but each State shall have at Least shall be convicted without the Concurrence of one iRepresentative; and until such enumera- two thirds of the Members present. tion shall be made, the State of New Hampshire Judgment in Cases of Impeachment shall not shall be entitled to chuse three, Massachusetts extend further than to removal from Office, and eight, Rhode Island and Providence Plantations Disqualification to hold and enjoy any Office of one, Connecticut five, New York six, New Jer- honour, Trust or Profit under the United States: sey four, Pennsylvaniai eight, Delaware one, but the Party convicted shall nevertheless be MVaryland six, Virginia ten, North Carolina five, liable and subject to Indictment, Trial, JudgSouth Carolina five, aI:,l Greorgia three. ment and Punishment, according to Law. When vacancies happen in the Representation Sec. 4. The Times, Places and Manner of holdfrom any State, the Executive Authority there- ing Elections for Senators and Representative, 2 POLITICAL MANUJAL. shall be prescribed in each State by the Legisla- mined by yeas and Nays, and the Names of the ture thereof; but the Congress may at any time Persons voting for and against the Bill shall be by Law make or alter such Regulations, except entered on the Journal of each House respecas to the place of chusing Senators. tively. If any Bill shall not be returned by The Congress shall assemble at least once in the President within ten Days (Sundays exevery Year, and such Meeting shall be on the cepted) aiter it shall have been presented to him, first Monday in December, unless they shall by the Same shall be a law, in like Manner as if lie Law appoint a different Day. had signed it, unless the Congress by their AdSEc. 5. Each House shall be the Judge of the journmient prevent its return, in vwliich Case it Elections, Returns and Qualifications of its own shall not be a Law. Members, and a Majority of each shall consti- Every Order, Resolution, or Vote to which tute a Quorum to do Business; but a smaller the Concurrence of the Senate and Itouse of Number may adjourn from day to day, and may Representatives may be necessary (except on a be authorized to compel the Attendance of ab- question of Adjournment) shall be presented to sent Members, in such Mianner, and under such the President of the United States; and before Penalties as each House may provide, the Same shllal take Effect, shall be approved by Each House may determine the Rules of its him, or being disapproved by him, shall he reProceedings, punish its Members for disorderly passed by two-thirds of the Senate and Hiouse Behaviour, and, with the Concurrence of two of Representatives, according to the Rules and thirds, expel a Member. Limitations prescribed in the Case of a Bill. Each House shall keep a Journal of its Pro- SEc. 8. Tho Congress shall have Power ceedings, and from time to time publish the To lay and collect Taxes, Duties, Iln: osts and same, excepting such Parts as may in their Judg- Excises, to pay the Debts and provide for the ment require Secrecy; and the Yeas and Nays of common Defence and general Welfare of the the Members of either House on any question United States; but all Duties, Imposts and Exshall, at the Desire of one fifth of those Present, cises shall be uniform throughout the United be entered on the Journal. States; Neither House, during the Session of Congress, To borrow Money on the credit of the United shall, without the Consent of the other, adjourn States; for more than three days, nor to any other Place To regulate Commerce with foreign Nations, than thatin which the two Houses shall be sitting. and among the several States, and with the InSEC. 6. The Senators and Representatives shall dian Tribes; receive a Compensation for their Services, to be To establish an uniform Rule of Naturalizaascertained by Law, and paid out of the Treas- tion, and uniform Laws on the subject of Bankury of the United States. They shall in all ruptcies throughout the United States; Cases, except Treason, Felony and Breach of the To coin Money, regulate the Value thereof, Peace, be privileged from Arrest during their and of foreign Coin, and fix the Standard of Attendance at the Session of their respective Wemights and Measures Houses, and in going to and returning from the To provide for the Punishment of countersame; and for any Speech or Debate in either feiting the Securities and current Coin of the House, they shall not be questioned in any other United States; Place. To establish Post Offices anrd post Roads; No Senator or Representative shall, during To promote the progress of Science and usethe -Time for which he was elected, be appointed ful Arts, by securing for limited Times to Auto any civil Office under the Authority of the thors and Inventors the exclusive Right to their United States, which shall have been created, respective Writings and Discoveries; or the Emoluments whereof shall have been en- To constitute Tribunaln inferior to the supreme creased during such time; and no Person hold- Court; ing any Office under the United States, shall be To define and punish Piracies and Felonies a Member of either House during his Continu- committed on the high Seas, and Offences against ance in Office. the Law of Nations; SEC. 7. All Bills for raising Revenue shall To declare War, grant Letters of Marque and originate in the House of Representatives; but Reprisal, and make Rules concerning Captures the Senate may propose or concur with Amend- on Land and Water; ments as on other Bills. To raise and support Armies, but no ApproEvery Billwhich shall have passed the House priation of Money to that Use shall be for a of Representatives and the Senate, shall, before longer Term than two years; it becomes a Law, be presented to the President To povid and maintain a Navy; of the United States; If he approve he shall sign To make Rules for the Government and Regait, but if not le shall return it, with his Objec- lation of the land and naval Forces;'tions to that House in which it shall have origi- To provide for calling forth the Militia to nated, who shall enter the Objections at large on execute the Laws of the Union, suppress Insurtheir Journal, and proceed to reconsider it. If rections and repel Invasions; after such Reconsideration two thirds of that To provide for organizing, arming, and disHouse shall agree to pass the Bill, it shall be ciplining, the Militia, and for governing such sent, together with the Objections, to the other Part of them as may be employed in the Service -Iouse, by which it shall likewise be reconsid- of the United States, reserving to the States ered, and if approved by two thirds of that respectively, the Appointment of the Officers, and House, it shall become a Law. But in all such the Authority of training the Militia according Cases the Votes of both Houses shall be deter- to the Discipline prescribed by Congress; CONSTITUTION OF THE UNITED STATES. 3 To exercise exclusive Legislation in all Cases Agreement or Compact with another State, or whatsoever, over such District (not exceeding with a foreign Power, or engage in War, unless ten Miles square) as may, by Cession of particular actually invaded, or in such imminent Danger States, and the Acceptance of Congress, become as will not admit of Delay. the Seat of the Government of the United States, ARTICLE II. and to exercise like Authority over all Places. T e iv purchased by the Consent. of the LeLislature of iSEC. 1. The executive Power shall be vested purchased by the Consent of the Legislature of in a President of the United States of America. the State in which the Same shall be, for the e hall P old his Of ie during the Tesr of A ouric Erection of Forts, Magazines, Arsenals, Dock- ea and, o h h the Vi President, YCe-ars, and, together with the Vice President, Yards, and other needful Buildin gs -And chosen for the same term, be elected as follows To make all Laws which shall be necessary To make all Law-s which shall be ne essary Each State shall appoint, in such Manner as and proper for carrying into Execiltion the fore- ch State shall a t in nr a going P~owers, and all other P1owers vested by the Legislature thereof may direct, a Number of goingPowiers, and all other Powers vested by Electors, equal to the whole Number of Senators this Constitution in the Government of the United er ua to the e N r of Senat and Representatives to which the State may be States, or in any Department or Officer thereof.and Re petives i te Congrs but no Setr Sea.o 9.n ThenigrarTa J J entitled in the Congress: but no Senator or SEc. 9. The Migratioa or Importation of such Representative, or person holding an Office of Persons as any of the States now existing shall Trust or Profit the Uni tes, shall be i1 1 -T~ 1 Trust or [Profit under the United States, shall be think proper to admit, shall not be prohibited by P ite, a l the Congress prior to the Year one thousand eight appointed an Ele.or the Congress prior to the Year one thousyma beigt [The Electors shall meet in their respective hundred and eight, ut a Tap o ri Duty may be States, and vote by Ballot for two Persons, of imposed on such Importation, not exceeding ten whom one at least shall not be an Inhabitant dollars for pach Pelqson whom, one at least shall not be an Inhabitant dolThe Privilege of te Writ o a s Co of the same State with themselves. And they The Privilege of the Writ of Habeas Corpus shall make a list of all the Persons voted for, shallnot be suspended, unless when in Cases of and of the er otes for eah w Rebellion or Invasion the public Safety may re- Ls the sn n certif, ad transmit ~i it. ^ ^ J J ^ JList they shall sign and certify, and transmit quNire it.der or fao sealed to the Seat of the Government of the No Bill o Attainder or exUpost facto Law shall United States, directed to the President of the be passed. Senate. The President of the Senate shall, in No Capitation, or other direct, Tax shall be th e lPesence of the Senate and ouse of eplaid, unless in Proportion to the Census or Enu- Senate and ouse ofep meration herein before directed to be taken. resentatives, open all the Certificates, and the Votes shall then be counted. The Person hayNo Tax or Duty shall be laid on Articles ex- te b o l ported fIr-om any- State. ing the greatest Number of Votes shall be the No Preference shall be given b ny ny Regula- Prdent, i uch Number be a Majority of the tion of Commerce or Revenue to the Ports of one there Nurbe tof Electors appointed; and if State over those of another; nor shall Vessels d have an equal Numbeo of Votesthen the bound to, or from, one State, be obliged to enter, odave of Representalives hbll imedis, the clear, or pay Duties in another. o Moe shall be drawn from the Treasury chuse by Ballot one of them for President; and No Money shall be drawn from the Treaury, if no Person have a Majority, then from the but in Consequence of Appropriations made by if n o Person the at the j ority, then fshl the Law; and a regular Statement and Account of five highest the st te said ouse shall in like Mtanner chuse the President. But in chusthe Receipts and Expenditures of all public e Maih er cusethe President ButinchusMoney shall be published from time to time. iug the Presdent, the Voes shall be taken by No Title of Nobility shall be granted by the States, the epresenttion from each State havUnited States: and no Person holding any Office ing one Vote; A Quorm for this Purpose shall of Profit or Trust under them, shall, without consist of a Member or Members from two-thirds toe Consent or the r otnressr aept s h wt of the States and a Majorlty of all the States the Consent of the Congress, accept of any pres-to a Choice. I every Case, ent, Emolument, Office, or Title, of any klind G e Cce ssry to a Chose whatever, from any King, Prince, or-foreign after theChoice of the President, the Person State. having the greatest Number of Votes of the State., ~~Electors shall be the Vice President. But if SEC. 10. No State shall enter into any Treaty, these shold 1a bea two or moresidentve equal Alliance, or Confederation; grant Letters of Allianc Or Gonfedeatio gant Letes e s d 1remain 1two or more wo have wo hequal Marque and Reprisal; coin Money; emit Bills otes, the Set hall huse from them by of Credit; make any Thing but gold and silver Ba the Vic e President. t Coin a Tender in Payment of Debts; pass any determine the Time o Bill of Attainder, ex post facto Law, or Law chlsiug the Electors, and the Day on which impairing the Obligation of Contracts, or granti hey shall give their Votes; which Day shall be a- Title of Nobility. the same throughout the United States. any Title of Nobility. No Person except a natural born Citizen, or a No State shall, without the consent of the No Pero exepta natural rn Gitien, or a Congress, lay any Imposts or Duties on Imports Citizen of the United Sttes, at the time of the or Exports, eaceptL what may he Yand clemency are exercised by the executive it 48 POLITICAL MANUAL. 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 exercise of no great acumen to ascertain who great prerogative. are traitors. It requires no great perception to The time has come, as you who have had to tell us who have levied war against the United drink this bitter cup are fully aware, when the States, nor does it require any great stretch of American people should be made to understand reasoning to ascertain who has given aid to the the true nature of crime. Of crime, generally, enemies of the United States. And when the our people have a high understanding, as well as Government of the United States does ascertain of the. necessity for its punishment; but in the who are the conscius and intelligent traitois catalogue of crimes there is one-and that the the penalty and the forfeit should be paid. highest known to the law and the Constitution- I know how to appreciate the condition of of which, since the days of Jefferson and Aaron being driven from one's home. I can syir)paBurr, they have become oblivious; that is TREA- tlize with him whose all has been ta ken from soN. Indeed, one who has become distinguished him; with him who has been denied the,plce in treason and in this rebellion said, that "when that gave his children birth; but let us, withal, traitors become numerous enough, treason be- in the restoration of true government, proceed comes respectable," and to become a traitor was temperately and dispassionately, and hope,znd to constitute a portion of the aristocracy of thie pray that the time will come, as I believe, when country.. we all can return and remain at our homes, and God protect the people against such an aris- treason and traitors be driven from our land; tocracy. [applause;] when again law and order shall Yes, the time has come when the people should reign, and the bnner of our country be unbe taugilht to understand the lengthf and breath, furled over every inch of territory within the the depth and height of treason. An individual area of the United States. occupying the highest position among us was In conclusion, let me thank you most prolifted to thaut position by the free offering of the foundly for this encouragement and manifestaAmerican people-the highest position on the tion of your regard and respect, and assure you habitable globe. This man we have seen, revered, that I can give no greater assurance regarding and loved; one who, if he erred at all, erred ever the settlement of this question than that I intend on the side of clermency and mercy; that man we to discharge my duty, and in that way which have seen treason strike through a fitting instru- shall in the earliest possible hour bring back ment; and we have-beheld him fall like a bright peace to our distracted country, and hope the star falling from its sphere. 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; Interview with George L..Stearns. but if asked vhat should be done with the assas- WASHINGTON, D. C., Oct. 3, 1865, 11-, A. M. sin, what sthould be the penalty, the forfeit ex- I have just returned from an interview with acted, I know what response dwells in every President Johnson, in which he talked for an bosom. It is, that he should pay the forfeit with hour on the process of reconstruction of rebel his life. And hence we see thatthese are times States. His manner wvas as cordial, and his when merey and clemency withoutjustice become conversation as free as in 1863, when I met him a crime.'The one should temper the other and daily in Nashville. bring about the proper mean. And if we would Iis countenance is healthier, even more so say this whenr the case was the simple murder of than when I first knew him. one man biy his fellow man, what should we say I remarked that the people of the North when asked what shall be done with him, or were anxious that the process of reconstruction them, or those who have raised impious hands to should be thorough, and they wished to support take away the life of a nation composed of thirty him in the a.rduous work, but their ideas were millions of people? What would be the reply to confused by the conflicting reports constantly -that question? But while in mercy we remem- circulated, and especially by the present position ber justice, in thelanguage that has been uttered, of the Democratic party.'It is industriously I say justice toward the leaders, the conscious circulated in the Democratic clubs that he was leaders; but I also say amnesty, conciliation, going over to them. He laughingly replied. clemency, and mercy to the thousands of our " ajor, have you never known a man who for countrymen wvho you and I know have been many years had differed from your views bedeceived or driven into this infernal rebellion. cause you were in advance of him, claim them And so I return to where I started from, and as his own when'he came up to your standagain repeat, that it is time our people were point?" taught to know that treason is a crime-not a I replied, "I have, often." Ile said, "So mere political difference, not a mere contest be- have I," and went on "The Democratic party tween two parties, in which one succeeded, and finds its old position untenable, and is coming the other has simply failed. They mnust know it to ours; if it has come up to our position, I am is treason, for if they had succeeded, the life of glad of it. You and'I need no preparation for the nation would have'been reft from it, the this conversation; we can talk freely on this Union would have been destroyed. subject, for the thoughts are familiar to us; we Surely the Constitution sufficiently defines can be perfectly frank with each other." He treason. It consists in levying war against the then conmmenced with saying that thre States are United States, and in giving their enemies aid in the Unioni, which is whole and indivisible. PRESIDENTIAL INTERVIEWS AND SPEECHEg. 49 Individuals tried to carry them out, but did haps a property qualification for others, say $200 not succeed, as a man may try to cut his throat or $250. and be prevented by the bystanders; and you It would not do to let the negro hav` univercannot say he cut his throat because he tried to sal suffrage now; it would breed a war of raees. do it. There was a time in the Southern States when Individuals may commit treason and be pun- the slaves of large owners looked down upon ished. and a large number of individuals may non-slaveowners becausethey did notown slaves; constitute a rebellion, and be punished as trai- the larger the number of slaves the masters tors. Some States tried to get out of the Union, owned the prouder they were, and this has proand we opposed it honestly, because we believed duced hostility between the mass of the whites' it to be wrong; and we have succeeded in put- and the negroes. The outrages are mostly from ting down the rebellion. The povwer of those non-slaveholding whites against the negro, and persons.vho made the attempt has been crushed, from the negro upon the non-slaveholding and now we want to reconstruct the State gov- whites. ernments, and have the power to do it. The The negro will vote with the late master, whom State institutions are prostrated, laid out on the he does not hate, rather than with the nonground, and they must be taken up and adapted slaveholding white, whom he does hate. Unito the progress of events; this cannot be done versal suffrage would create another war, not in a moment. We e ae making very rapid prog- against us, but a war of races. rss- so rapid I sometimes cannot realize it. It Another thing: This Government is the freest appea-s like a dream. and best on earth;' and I feel sure is destined to We. must not be in too much of a hurry; it last; but to secure this we must elevate and pu-. is better to let them reconstruct themselves than rify the ballot. I for many years contended at 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 bNt others said it was political strength; they in any stage, to'the end, and oblige them to thought we gained three-fifths representation by correct their errors; we- must be patient with it; I contended that we lost two-fifths. 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. Congless 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. You could not have broached the subject of lIany years ago I moved in the Legislature equal sufi'rae at the Niorth seven years ago, that the apportionment of Representatives to andl vnwe mnust remember that the changes of the Congress in Tennessee should e by qualified South have been more rapid, and they have voters. ieen obliged to accept more unpalatable truth The apportionment is now fixed until 1872; than the oth has; we must give them time to before that "Ime we might change the basis of digest a ])art, for we cannot expect such large representation from population to qualified afaLirs w;ill be comprehended and digested at voters, North as well as South, and, in due course once. We must give themr time to understand of time, the States, without regard to color, their new positlion. might extend the elective franchise to all who I ]lave nothing to conceal in these matters, and possessese certain mental, moral, or such other have no desire or willingness to take indirect qualifications as might be determined by an encourses to obtain what we want. lightened public judgment. Our Government is a grand and lofty struc- BOSTON, October 18, 1865. ture; in searching for its foundation we find it The above report was returned to me by rests on tile broad basis of popular rights. The President Johnson with the following endorseelective franchise is not a natural right, but a nment. GEOnRG L. STEAeRS. political right. I am. opposed to giving the I have read the within communication and States too much power, and also to a great con- find it substantially correct. solidation of power in the central government. I have made some verbal alterations. If I interfered with the vote in the rebel A. J. States, to dictate that no negro shall vote, I might (do the same for my own purposes in Address to the Colored Soldiers. Pennsylvania. Our only safetylies in allowing October 10, 1865 The first colored regiment each State to control the right of voting by its of District of Columbia troops, recently returned onvn law s, and xwe hav he thepower to control the ifom the South, marched to the Executive MIan-' rebel States if they go wviong, If they rebel we sion, and were addressed by the President, have the army, and can. control them by it, and, follows: if necessary, by legislation also. If the General MY FIENnDS: My object in presenting myGfovernmnent controls the righlt to vote in the self before you on this occasion is simply to States, it; ma establisl such rules as will re- thank you, members of one of the colored registrict the vote to a small number of persons, and ments which have been in the service of the thus create a central despotism. country to sustain and carry its banner and its MIy position here is different froma what it laws triumphantly in every part of this broad would be if I was in Tennessee. land. I appear before you on the present ocThlere I should try to introduce negro suffrage casion merely to tender you my thaniks for the gradually; first those who had served in the compliment you have paid me on your return armny; those who could lead and write; and per- home, to again be associated withi your friends 4 to POLITICAL MANUAL. and your relations, and those you hold most mighty rebellion, after the most gigantic battles sacred and dear. I have but little to say. It the world ever saw. being unusual in this Government and in most The problem is before you, and it is best that of the other governments to have colored troops you should understand it, and I therefore speak engaged in.their cause, you have gone forth as simply and plainly. Will you now, lhen you events have shown, and served with patience have retired from the army of the United States and endurance in the cause of your country. and taken the position of the citizen-when you This is your country as well as anybody else's have returned to the avocations of peace-will country. This is the country in which you ex- you give evidence to the world that you are pect to live, and in which you should expect to capable and competent to govern yourselves? 0do something by your example in civil life, as This is what you will have to do. you have done in the field. This country is Liberty is not a mere idea, a mere vagary; founded upon the principle of equality; and at when yo.u come to examine this question of libthe same time the standard by which persons erty you should not be mistaken in a mere idea are to be estimated is according to their merit for the reality. It does not consist in idleness. and their worth. And you observe, no doubt, Liberty does not consist in being worthless. that for him who does his duty faithfully and Liberty does not consist in doing in all things honestly, there is always a just public judgment as we please; and there can be no liberty withthat will appreciate and measure out to him his out law. In a gpvernment of freedom and libproper reward. erty there must be law, and there must be obeI know that there is much well calculated in dience and submission to the law, without regard this Government, and since the late rebellion to color. Liberty-and may I not call you my.commenced, to excite the white against the countrymen? —liberty consists in the glorious black, and the black against the white man. privileges of freedom-consists in the glorious These are things that you should all understand, privileges of worth-of pursuing the ordinary and at the same time prepare yourselves for avocations of peace with energy, with industry, what is before you. Upon the return of peace and with economy; and that being done, all and the surrender of the enemies of the country, those who have been industrious and economical it should be the duty of every patriot and every are permitted to appropriate and enjoy thte proone who calls himself a Christian to remember ducts of their own labor. This is one of the that with a termination of the war his resent- great blessings of freedom; and hence we might onents should cease-that angry feelings should ask the question and answer it by stating that subside, and that every man should become calm liberty means freedom to work and enjoy the and tranquil, and be prepared for what is before products of your own labor. him. You will soon be mustered out of the ranks. This is another part of your mission. You It is for you to establish the great fact that you have been engaged in the effort to sustain your are fit and qualified to be free. Hence, freedom country in the past, but the future is more im- is not a mere idea, but it is something that exportant to you than the period in which you ists in fact. Freedom is not simply the principle have just been engaged. One great question tolivein idleness. Liberty does not meansimply. has been settled in this Government, and.thatis to resort to the low saloons and other places of the question of slavery. The institution of disreputable character. Freedom and liberty do slavery made war uponi the United States, and not mean that the people ought to live in licenthe United States has lifted its strong arms in tiousness. but liberty means simply to be indusvindication of the Government and of free gov- trious and. to be virtuous, to be upright in all ernment, and in lifting the arm and appealing our dealings and relations with men; and to to the God of battles, it was decided that the those now before me, members of the last regiinstitution of slavery must go down. This has ment of colored volunteers from the District of been done, and the Goddess of Liberty, in bear- Columbia, and the capital of the United States, ing witness over many of our battle-fields since I have to say, that a great deal depends upon the struggle commenced, has made her loftiest yourselves; you must give evidence that you are flight and proclaimed that true liberty has been competent for the rights that the government established upon a more permanent and endur- has guaranteed to you. ing basis than heretofore. But this is not all; Hence, each and all of you must be measured and as you have paid me the compliment to call according to his merit. If one man is more upon me, I shall take the privilege of. saying meritorious than the other, they cannot be one or two words as I am before you. equals, and he is the rmost exalted that is the Now, when the sword is returned to its scab- most meritorious, without regard to color; and bard, when your arms are reversed, and when the idea of having a law passed in the morning the olive-branch of peace is extended, resent- that will make a white man black before night;nent and revenge should subside. Then what and a black man a white man before day is abie to follow? You do understand, no doubt- surd. That is-not the standard; it is your own and if you do not you cannot understand too conduct; it is your own merit; it is the develsoon-that simple liberty does not mean the opment of your own -talents and of your intelprivilege of going into the battle-field, or into lectual and moral qualities. the service of the country as a soldier. It means Let this; then, be your course; adopt systems other things as well; and now when you have of morality; abstain from all licentiousness; laid down your arms there are other objects of and let me say one thing here, for I am going equalimportance before you-now that the Gov- to talk plainly. I have lived in a Southern ernment has triumphantly passed through this State all my life, and know what has too often PRESIDENTIAL INTERVIEWS AND SPEECHEI. 51 been the case. There is one thing you should importance of controllingyour passions,'developesteem higher and rore supreme than almost all ing your intellect, and of applying yourphysicil others, and that is the solemn contract with all powers to the industrial interests of the country; the penalties in the association of married life. and that is the true process by which this quesr Men and women should abstain from those qual- tiofn can be settled. Be patient, persevering, ities and habits that too frequently follow a war. and forbearing, and you will help to solve this Inculcate among your children and among your problem. Make for yourselves a.reputation il associates, notwithstanding you are just back this cause, as you have won for yourselves a from the army of the United States, that virtue, reputation in the cause in which you have been that merit, that intelligence are the standards to engaged. In speaking to the members of this be observed, and those which you aee -deter- regiment, I want them to understand that, so mined to maintain during your future lives. He far as I am concerned, I do not assume or prethat is meritorious and virtuous, intellectual and tend that I am stronger than the laws or course well informed, must stand highest, without re- of nature, or that I am wiser than Providence gard to color. It is the very basis upon which itself. It is our duty to try and discover what heaven itself rests-each individual takes his these great laws are which are the foundation of degree in the sublimer and more exalted regions all things, and, having discovered what they in proportion to his merits and his virtue, are, conform our action and conduct to them and Then I shall say to you on this occasion, in to the will of God, who ruloth all things. He returning to your homes and firesides, after feel- holds the destinies of nations in the palm of ing conscious and proud of having faithfully his hand, and He will solve the questions and done your duty, return with the determination rescue these people from the difficulties that that you will perform your duty in the future have so long surrounded them. Then let us be as you have performed it in the past. Abstain patient, industrious, and persevering. Let us from all those bickerings and jealousies and re- develop our intellectual and moral worth. vengeful feelings which too often spring up be- I trust what I have said may be understood tween different races. and appreciated. Go to your homes and lead There is a great problem before us, and I may peaceful, prosperous, and happy lives, in peace as well allude to it here in this connection, and with all men. Give utterance to no word that that is, whether this race can be incorporated would cause dissensions, but do that which will and mixed with the people of the United States be creditable to yourselves and to your country. -to be made a harmonious and permanent ingre- To the officers who have led and so nobly comdient in the population. This is a problem not manded you in the field I also return my thanks, yet settled, but we are in the right line to do so. for the compliment you and they have conferred Slavery raised its head against the Government, upon me. and the Government raised its strong arm and struck it to the ground; hence, that part of the Interview with Senator Dixon, of Connecticut, problem is settled. The institution of slavery January 28, 1866 —The following is the subis overthrown. But another part remains to be stance of the conversation, as telegraphed that solved and that is, can four millions of people, night over the country: reared as they have been, with all their preju- The President said he doubted the propriety dices of the whites-can they take their places at this time of making further amendments to in the community, and be made to work harmoni- the Constitution. One great amendment had ously and congruously in our system? This is already been made, by which slavery had fora problem to be considered. Are the digestive ever been abolished within the limits of the powers of the American Government sufficient United States, and a national guarantee thus to receive this element in a new shape, and digest given that the institution should never exist im it and make it work healthfully upon the system the land. Propositions to amend the Constitathat has incorporated it? tion were becoming as numerous as preambles This is the question to be determined. Let and resolutions at town meetings called to conus make the experiment, and make it in good sider the most ordinary questions connected with faith. If that cannotbe done, there is another the administration of local affairs. All this, in problem that is before us. If we have to be- his opinion, had a tendency to diminish the digcome a separate and distinct people (although I nity and prestige attached to the Constitution trust that the system can be made to work of the country, and to lessen the respect and harmoniously, and that the great problem will confidence of the people in their great charter be settled without going any further)-if it of freedom. If, however, amendments are to should be so that the two races cannot agree and be made to the Constitution, changing the basis live in peace and prosperity, and the laws of of representation and taxation, (and he did not Providence require that they should be sepa- deem them at all necessary at the present time,) rated-in that event, looking to the far distant he knew of none better than a simple prDposefuture, and trusting in God that it may never tion, embraced in a few lines, making in each come-if it should come, Providence, that works'State the number of qualified voters the basis mysteriously, but unerringly and certainly, will of representation, and the value of property the point out the way, and the mode, and the man- basis of direct taxation. Such a proposition ner by which these people are to be separated, could be embraced in the following terms: and they are to be taken to their land of inherit- " Representatives shall be apportioned amoinig ance and promise, for such a one is before them. the several States which may be included within Hence we are making the experiment. this Union according to the number of qualified Hence, let me again impress upon you the voters in each State, 52 POLITICAL MANUAL.'Direct taxes shall be apportioned among the you in the name of the coloredi people of tho several States which may be included within United States. We are delegated to come by this Union according to the value of all taxable some who have unjustly worn iron manacles on property in each State." their bodies-by some whose minds have been An amendment of this kind would, in his manacled by cass legislation in States called opinion, place the basis of representation and free. The colored people of the States of Illi direct taxation upon correct principles. The nois, Wisconsin, Alabama, Mississippi, Florida: qualified voters were, for the most part, men South Carolina, North Carolina, Virginia, Marys who were subject to draft and enlistment when land, Pennsylvania, New York, New England it was necessary to repel invasion, suppress re- States, and District of Columbia have specially hellion, and quell domestic violence and insur- delegatel us to come. rection. They risk their lives, shed their blood Our coring is a marked circumstance, noting and peril their all to uphold the Government, determined hope that we are not satisfied with and give protection, security, and value to an amendment prohibiting slavery, but that we property. It seemed but just that property wish it enforced with appropriate legislation. should compensate for the benefits thus conferred, This is our desire. We ask for it intelligently, by defraying the expenses incident to its pro- with the knowledge and conviction that the tection and enjoynient. fathers of the Revolution intended freedom for Such an amendment, the President also sug- every American; that they should be protected aested, would remove from Congress all issues in their rights as citizens, and be equal before the in reference to the political equality of the races. law. We are Americans, native born Americans. It would leave the States to determine absolute- We are citizens; we are glad to have it known ly the qualifications of their own voters with to the world that you-bear no doubtful reregard to color; and thus the number of Repre- cord on this point. On this fact, and with consentatives to which they would be entitled in fidence in the triumph of justice, we base our Congress would depend upon the number upon hope. We see no recognition of color or race whom they conferred the right of suffrage. in the organic law of the land. It knows no The President, in this connection, expressed privileged class, and therefore we cherish the the opinion that the agitation of the negro hope that we may be fully enfranchised, not franchise question in the District of Columbia only here in this District, but throughout the at this time waos the mere entering-wedge to the land. We respectfully submit that rendering agitation of the question thiroughout the States, anything less than this will be rendering to us and was ill-timed, uncalled-for, and calculated less than our just due; that granting anything to do great harm. He believed that it would less than our full rights will be a disregard of engender enmity, contention, and strife between our just rights and of due respect fol our feelings. the two races, and lead to a war between them, If the powers that be do so it wsill be used as a which would result in great injury to both, and license, as it were, or an apology, for any comthe certain extermination of the negro popula- munity, or for individuals thus disposed, to tion. Precedence, he thought, should be given outrage our rights and feelings. It has been to more important and urgent matters, legisla- shown in the present war thk t the Government tion upon whliclhwsas essential to the restoration may justly reach its strong arm into States, and of the Union, the peace of the country, and the demand from them, from those who owe it alleprosperity of the people. giance, their assistance and support. May it not reach out a like arm to secure and protect its itherviow with a Colored Delegation. respecting subjects upon who it has a claim? aSu fra e. ADDRESS OF FRED. DOUGLASS. February 7, 1866 —The delegation of colored representatives froma different States of the Following upon Mr. Downing, Mr. Fred. country, now in Washington, to urge the inter- Douglass advanced and addressed the President, ests of the colored people before the Govern- saying: ment, had an interview with the President. Mr. President, we are not here to enlighten The President shook hands kindly with each you, sir, as to your duties as the Chief Magisme-mber of the delegation. trate of this Republic, but to show our respect, and to present in brief the clainms of our race to ADDnRESS OF GTEorG: T. DOvNINO. your favorable consideration. In the order of IMr. GCEORGE T. DOWNING then addressed the Divine Providence yon are. placed in a position President as follows: where you have the power to save or destroy us, We present ourselves to your Excellency, to to bless or blast us —I rnen our whole race. male known with pleasure the respect which Your noble and humane predecessor placedlin we are glad to cherish for yo'a-a respect which our hands the sword to assist in saying the nais your dte, as our Chief Magistrate. It is our tion, and we do hope that you, his ible succesdesire for you to know that we come feeling sot, will favorably regard the ilaci]g in our that we are friends meeting a friend. We lhands the ballot with s'wlich to sav:e our'selves. should, however, have manifested our friend- Wie shall submit no argument on that point. ship by not coming to further tax your already Thle fact that we are the sub jects of Government, much burdened and valuable timne; but we anrl subject to taxation, subject to volunteer in have a-nother object in calling. We are in a tlise service of the country, subject to being passage to equality before the law. God hath dr sfted, subject to bear the burdens of' the State, sade it by opening aRed Sea. We would have rakes it not improper tlhat we should ask to your assistance through the same. We come to l share in the privileges of this conditioi. PR.ESIDEN TIAL INTEIlYTVWS AND SPEECI ES. 53 I have no speech to make on this occasion. of his life and the shedding of his blood. I I simply submit these observations as a limited tlhink I kniow vwhat I say. I feel what I say; expression of the views and feelings of the dele- and I feel well assured that if the policy urged gation with which I have come. by some be persisted in, it will result in great injury to the white as well as to the colored man. UEESPONSE OF THE PRESIDENT. There is a great deal of talk about the sword. in In reply to some of your inquiries, not to one hand accomplishing an end, and the ballot make a speech about this thing, for it is always accomplishing anothel at the ballot-box. best to talk plainly and distinctly about such These things all do very well, and. sometimes matters, I will say that if I have not given evi- have forcible application. We talk about jusdeuce in my course that I am a friend of hl- tice; we talk about right; we say that the white manity, and to that portion of it which consti- man has been in the wrong in keeping the black tutes the colored population, I can give no' man in slavery as long as he has. That is al' evidence here. Everything that I have had, true. Again, we talk about the Declaration of both as regards life and property, has been per- independence and equality before the law. You illed in that cause, and I feel and think that I understand all that, and know how to appreciate understand —not to be'gotistic-wallt should it. But, now, let us look each other in the face; be the true direction of this question, and what let us go to the great mass of colored men course of policy would result in the melioration throughout the slave States; let us take the and ultimate elevation, not only of the colored, condition in which they are at the present timebut of the great mass of the people of the United and it is bad enough, we all know-and suppose, States. I say that if I have not given evidence by somo lmagic touch you could say to every that I am a friend of humanity, and especially one, "you shall vote to-morrow;" how much the friend of the colored man, in my past con- would that ameliorate their condition at this duct, there is nothing that I can now do that time? would. I repeat, all that I possessed, life, lib- Now, let us get closer up to this subject, and erty, and property, have been put up in con- talk about it. [The President here approached nection with that question, when I had every very near to Mr. Douglass.] What relation has inducement held out to take the other course, the colored man and tlhe white man heretofore by adopting which I would have accomplished occupied in the South? I opposed slavery upon perhaps all that the most ambitious might have two grounds. First, it was a great monopoly, desired. If I know myself, and the feelings of enabling those who controlled and owned it to my own heart, they have been for the colored constitute an aristocracy, enabling the few to man. I have owned slaves and bought slaves, derive great profits and rule the mlany with an but I never sold one. I might say, however, iron rod, as it were. And this is one great obthat practically, so far as my connection with jection to it in a government, it being a monoslaves has gone,' I have been their slave instead poly. I was opposed to it secondly upon the of their lbeing mine. Some have even followed abstract principle of slavery. Hence, in getting me here, while others are occupying and enjoy- clear of a monopoly, we are getting clear of ing my property with my consent. For the slavery at the same time. So ou see there were colored race my means, my time, my all has two right ends accomplished in the accomplishbeen perilled;,and now at this late day, after ment of the one. giving evidenlce that is tangible, that is practi- Mr. DOUGLASS. Mr. President, do you wishcal, I am free to say to you that T do not like The PRESIDENT. I am not quite through yet. to be ar raigned by some who can get up hand- Slavery has been abolished, A great national somely-rounded periods and deal in rhetoric, guarantee has been given, one that canml bt be and tall] about abstract ideas of liberty, who revoked. I was getting at the relation thatsubnever perilled life, liberty, or property. This sisted between the white man and the colored kind of theoretical, hollow, unpractical friencl- men. A very small proportion of white pership amrounts to but very little. While I say sons compared with the whole number of such that I am a friend of the colored man, I do not owned the colored people of the South. I might want to adopt a policy that I believe will end instance the State of Tennessee in illustration. in a contest between the races, which if persisted There were there twenty-seven non-slaveholders in will result in the extermination of one or.the to one slaveholder, and yet the slave power conother. God forbid that I should be engaged in trolled the State. Let us talk about this matter such a work! as it is. Although the colored man wsas in slavery Now, it is always best to talk about things there, and owned as property in the. sense and in practically and in a common sense way. Yes, the language of that locality and of that comI have said, and I repeat here, that if the colored munity, yet, in comparing his condition and his man in the United States could find no other position there with the non-slavenholder, he usuMoses, or any MAoses that would be more able ally estimated his importance just ii proportion and efficient than mvself, I would be his AMoses to the number of slaves that his master owned to lead him from bondage to freedom; that. I with the non-slaveholder. would p)asLs lim from a land where he had lived Have you ever lived upon a planLtation? in slavery to a land (if it' were in our reach) of Mr. DOUGLASS. I have, your excellency. freedom. Yes, I would lbe willing to pass with The PPRESIDENT. When you would look over him through the Red sea to the Land of Promise, and see a man who had a large fami]ly, strugto the land of liberty; bul I am not willing, gling hard upon a poor piece of land, you thought under either circumstance, to adopt a policy a great deal less of him than you did of your which I believe will only result in the sacrifice own master's negro, didn't you? -POLIICALI MANUAL. Mr. DOUGLASS. Not I! You have spoken abont government. Where The PRESIDENT. Well, I know such was the is power derived from? We say it is derived case with a large number of you in those sec- from the people. Let us take it so, and refer to tions. Whiere such is the case we know there is the District of Columbia by way of illustration. an enmity, we know there is a hate. The poor Suppose, for instance, here, in this political cornwhite man, on the other hand, was opposed to munity, which, to a certain extent, must have the slave acid his master; for the colored man government, must have laws, and putting it now and his master combined ikept him in slavery, upon the broadest basis you can put it-take by depriving him of a fair participation in the into consideration the relation which the white labor and productions of the rich land of the has heretofore borne to the colored race-is it country. proper to force upon this community, without Don't you know that a colored man, in going their consent, the elective franchise, without to hunt a master ( as they call it) for the next regard to color, maling it universal? year, preferred hiring to.a man who owned slaves Now, where do you begin? Government must rather than to a man who did hot? I know the have a controlling power-must have a lodgfact, at all events. They did notconsider it quite ment. For instance, suppose Congress should as respectable to hire to a man who did not own pass a laws authorizing an election to be held at negroes as to one who did. which all over twenty-one years of age, without Mr. DouGLASS. Becausehewouldn't betreated regard to color, should be allowed to vote, and as well. a majority should decide at such election that The PRESIDENT. Then that is another argu- the elective franchise should not be universal; ment in favor of what I am going to say. It what would you do about it? Who would setshows that the colored man appreciated the slave tle it? Do you deny that first great principle of owner more highly than he did the man who the right of the people to govern themselves? didn't own slaves. Hence the enmity between Will you report to an arbitrary power, and say the colored man and the non-slaveholders. The a majority of the people shall receive a state of white man was permitted to vote before-gov- things they are opposed to? ernment was derived from him. lie is a part Mr. DOUGLASS. That was said before the war. and parcel of the political machinery. The PRaESIDENT. I am now talking 4bout a Now, by the rebellion or revolution-and when principle; not what somebody else said. you come back to the objects of this war, you Mr. DOWNING. Apply what you have said, find that the abolition of slavery was not one of Mr. President, to South Carolina, for instance, the objects; Congress and the President himself where a majority of the inhabitants are colored. declared that it was waged on our part in order The PRESIDENT. Suppose you go to South to suppress the rebellion-the abolition of sla- Carolina; suppose you go to Ohio. That doesn't very has come as an incident to the suppression change the principle at all. The query to which of a great rebellion-as an incident, and as an I have referred still comes up. when governincident we should give it the proper direction. mentis undergoing a fundamental change. GovThe colored man went into this rebellion a ernnent commenced upon this principle; it has slave; by the operation of the rebellion he came existed upon it; and you propose now to incorout a freedman-equal to a freeman in any porate into it an element that didn't exist beother portion of the country. Then there is a fore. I say the query comes up in undertaking great deal done for him on this point. The non- this thing whether we have a right to make a Ilaveholder who was forced into the rebellion, change in regard to the elective franchise in who was as loyal as those that lived beyond the Ohio, for instance: whether we shall not let the limits of the State, but was carried into it, lost people in that State decide the matter for themkis property, and'in a number of instances the selves. lives of such were sacrificed, and he who has Each community is better prepared to deterSurvived has come out of it with nothing gained, mine the depositary of its political power than but a great deal lost. anybody else, and it is for the Legislature, for Now, upon the principle of justice, should the people of Ohio to say who shall vote, and they be placed in a condition different from not for the Congress of the United States. I what they were before? On the one hand, one might go down here to the ballot-box to-morrow has gained a great deal; on the other hand, one and vote directly for universal suffrage; but if has lost a great deal, and, in a. political point of a great majority of the people said no, I should view, scarcely stands where he did before. consider it would be tyrannical in me to attempt Now, we are talking about where we are going to force such upon them without their will. It to begin. We have got at the hate that existed is a fundamental tenet in my creed that the will between the two races. The query comes up, of the people must be obeyed. Is there anywhether these two races, situated as they were thing wrong or unfair in that? before, without preparation, without time for Mr. DOUGLASS (smiling.) A great deal that is passion and excitement to be appeased, and with- wrong, Mr. President, with all respect. out time for the slightest improvement, whether The r PESIDENT. It is the people of the States the one should be turned loose upon the other, that must for themselves determine this tiing. and be thrown together at the ballot-box with I do not want to be engaged in a work that will this enmity and hate existing between them. commence a war of races. I want to begin the The query comes up right there, whether we work of preparation, and the States, or the peodon't commence a war of races. I think I un- ple in each community, if a man demeans hinderstand this thing, and especially is this the case self well, and shows evidence that this new vstate when you force it upon a people without their of affairs will operate, will protect him in all his consent. rights, and give him every possible advantago PRIESIDENTIAL INTERVIEWS AND SPEECHES. 55 when they become reconciled socially and politi- a means of preventing the very thing which cally to this state of things. Then will this new your excellency seems to apprehend-that is a order of things work harmoniously; but forced conflict of races. upon the people before they are. prepared for it, The PRESIDENT. I repeat, I merely wanted it yvill be resisted, and work inharmoniously. I to indicate my views in reply to your address, feel a conviction that driving this matter upon and not to enter into any general controversy, the people, upon the community, will result in as I could not well do so under the circumthe injury of both races, and the ruin of one or stances. the other. God knows I have no desire but the Your statement wag a very frank one, and I good of the whole human race. I would it were thought it was due to you to meet. it in the same so that all you advocate could be done in the spirit. twinkling of an eye; but it is not in the nature Mr. DOUGLASS. Thank you, sir. of things, and I do not assume or pretend to be The PRESIDENT. I think you will find, so far wiser thans Providence, or stronger than the laws as the South is concerned, that if you will all inof nature. culcate there the idea in connection with the one Let us now seek to discover the laws govern- you urge, that the colored people can live and ing this thing. There is a great law controlling advance in civilization to better advantage.elseit; let us endeavor to find out what that law is, where than crowded right down there in the adnd conform our actions to it. All the details South, it would be better for them. will then properly adjust themselves and work Mr. DOUGLASS. But the masters have the out well in the end, making of the laws, and we cannot get away God knows that anything I can do I will do. from the plantation. In the mighty process by which the great end The PRESIDENT. What prevents you? is to be reached, anything I can do to elevate Mr. DOUGLAss. We have not the single right the.races, to soften and ameliorate their condi- of locomotion through the Southern States now. tion I will do, and to be able to do so is the sin- The PRESIDENT. Why not; the government cere desire of my heart. furnishes you with every facility. I am glad to have met you, and thank you Mr. DOUGLASS. There are six days in the year for the compliment you have paid me. that the negro is free in the South now, and his Mr. DouGLASS. I have to return to you our master then decides for him where he shall go, thanks, Mr. President, for so kindly granting us where he shall work, how much he shall work — this interview. We did not come here expect- in fact, he is divested of all political power. He ing to argue this question with your excellency, is absolutely in the hands of those men. but; simply to state what were our views and The PRESIDENT. If the master now controls wishes in the premises. If we were disposed to him or his action, would he not control him ia argue the question, and you would grantus per- his vote? mission, of course we would endeavor to contro- Mr. DOUGASS. Let the negro once understand vert some of the positions you have assumed. that he has an organic right to vote, and he will Mr. DOWNING. Mr. Douglass, I take it that raise up a party in the Southern States among the President, by his kind expressions and his the poor, who will rally with him. There is very full treatment of the subject, must have this conflict that you speak of between the contemplated some reply to the views which he wealthy slaveholder and the poor man. has advanced, and in which we certainly do not The PRESIDENT. You touch right upon the concur, and I say this with due respect. point there. There is this conflict, and hence I The PRESIDENT. I thought you expected me suggest emigration. If he cannot get employto indicate to some extent what my views were ment in the South, he has it in his power to go on the subjects touched upon in your statement. where he can get it. IMr. DowNING. We are very happy, indeed, In parting, the PRESIDENT said that they were to have heard them. both desirous of accomplishing the same ends, Mr. DOUGLASS. If the President will allow but proposed to do so by following different me, I would like to say one or two words in roads. reply. You enfranchise your enemies and dis- Mr. DOUGLASS, on turning to leave, remarked franchise your friends. to his fellow delegates: "The President sends The PRESIDENT. All I have done is simply us to the people, and we go to the people." to indicate what my views are, as I supposed The PRESIDENT. Yes, sir; I have great faith you expected me to, from your address. in the people. I believe they will do whatis Mr. DOUGLASS. My own impression is that right. the very thing that your excellency would avoid in the southern States can only be avoided by Reply of the Colored Delegation to the Presi. the very measure that we propose, and I would dent. state to my brother delegates that because I To the Editor of the Chronicle: perceive the President has taken strong grounds Will you do us the favor to insert in your in favor of a given policy, and distrusting my columns the following reply of the colored deleown ability to remove any of those impressions gation to the President of the United States? which he has expressed, I thought we had bet- GEO. T. DOWNING, ter end the interview with the expression of In behalf of the Delegation, thanks. (Addressing the President.) But if MR. PRESIDENT: In consideration of a deliyour excellency will be pleased to hear, I w.ould cate sense' of propriety, as well asyyour own relike to say a word or two in regard to that one peated intimations of indisposition to discuss or matter of the enfranchisement of the blacks as to listen to a reply to the views antd opinions 56 POLITICAL MANUAL. you wvere pleased to express to us in your elabo- state of equal justice between all classes. First rate speech to-day, the undersigned would re- pure, then peaceable. spectfully take this method of replying thereto. 3. On the colonization theory you were pleased Believing as we do that the views and opinions to broach, very much could be said. It is imyou expressed in that address are entirely un- possible to suppose, in view of the usefulnl ss of sound and prejudicial to the highest interests of the black man in time of peace as a laborer in our race as well as our country at large, we the South, and in time of war as a soldier at cannot do other than expose the same, and, as the North, and the growing respect for his rights far as may be in our power, arrest their dan- among the people, and his increasing adaptagerous influence. It is not necessary at this tion to a high state of civilization in this his time to call attention to more than two or three native land, there can ever come a time when features of your remarkable address: he can be removed from this country without a 1. The first point to which we feel especially terrible shock to its prosperity and peace. Bebound to take exception is your attempt to sides, the worst enemy of the nation could not found a policy opposed to our enfranchisement, cast upon its fair name a greater infamy than upon the alleged ground of an existing hostility to suppose that negroes could be tolerated among on the part of the forp- er slaves toward the poor them in a state of the most degrading slavery white people of the South. We admit the ex- and oppression, and must be cast away, driven istence of this hostility, and hold that it is en- into exile, for no other cause than having been tirely reciprocal. But you obviously commitan freed from their chains. error by drawing an argument from an incident GEOeGE T. DowNING, of a state of slavery, and making it a basis for Jous JotEs, a policy adapted to a state of freedom. The WILLIAM WTIIPPER, hostility between the whites and blacks of the FREDERICK DOUGLASS South is easily explained. It has its root and LEWIS H. DOUGLASS sap in the relation of slavery, and was incited and others, on both sides by the cunning of the slave mas- WASHINGTONI, Februa-ry 7, 1866. ters. Those masters secured their ascendency over both the poor whites and the blacks by Remarks at an Interview with the Conmittos putting enmity between them. of the Legislature of Viginia. They divided both to conquer each. There February 10, 1806-A committee of the Senwas rno earthly reason why the blacks should ate and House of Delegates of Virginia called not hate and dread the poor whites when in a upon the President, for the purpose of presntBtate of slavery, for it was from this class that ing him with resolutions adopted by the General their masters received their slave-catchers, slave- Assembly of Virginia. After some remarks by drivers, and overseers. They were the men Mr. John B. Baldwin, chairman of the delegacalled in upon all occasions by the masters when tion, the President responded: any fiendish outrage was to be' committed upon In reply, gentlemenr, to the resolutions you -the slave. Now, sir, you cannot but perceive have just presented to me, and the clear and that, the cause of this hatred removed, the effect forcible and concise remarks which you have must be removed also. Slavery is abolished. made in explanation of the position of Virginia, The cause of antagonism is removed, and you I shall not attempt to make a formal speech, but must see that it is altogether illogical (and "put- simply to enter into a plain conversation in reting new wine into old bottles," "mending new gard to the condition of things in which we garments with old cloth ") to legislate from slave- stand. holding and slave-driving premises for apeople As a premise to what I may say, permit me whom you have repeatedly declared your pur- first to tender you my thanks for this visit, and pose to maintain in freedom. next to express the gratification I feel in/meet2. Besides, even if it were true, as you allege, ing so many intelligent, responsible, and respectthat the hostility of the blacks toward the poor able men of Virginia, bearing to me the sentiwhites must necessarily project itself into a ments which have been expressed in the resolustate of freedom, and that this enmity between tions of your Legislature and the remarks acthe two races is even more intense in a state of companying them. freedom than in a state of slavery, in the name They are, so far as they refer to the Constituof Heaven, we reverently ask, how can you, in tion of the country, the sentiments and the view of your professed desire to promote the principles embraced in the charter of the Govwelfare of the black man, deprive him of all ernment. The preservation of the Union has means of defence, and clothe him whom you been, from my entrance into public life, one of regard as his enemy in the panoply of political my cardinal tenets. At the very incipiency of power? Can it be that you would recommend this rebellion I set my face against the dissolua policy which would arm the strong and cast tion of the Union of the States. I do not make down the defenceless? Can you, by any possi- this allusion for the purpose of bringing ip anybility of reasoning, regard this as just, fair, or thing Which has transpired which may be rewise? Experience proves that those are often- garded as of an unkind or unpleasant character, est abused who can be abused with the greatest but I believed then, as I believe now, and as impunity. Men are whipped oftenest who are you have most unmistakably indicated, that the whipped easiest. Peace betwen races is not to security and the protection of the rights of all be secured byvdegrading one race and exalting the people were to be found in the Union; that another, by giving power to one race and with- we were certainly safer in the Union than we holding it from another; but by maintaining a were out of it. PRESIDENTIAL INTERVIEVWS AND SPECI-ESo 57 Upon this conviction I basec my opposition loyalty. Ie who comes as a representative, to the efforts which were made to destroy the having the qualifications prescribed by the ConUnion. I have continued thosefrforts, notwith- stitution to fit him to tal.e a seat in either of standing the perils through which I have passed, the deliberative bodies wliich constitute the naand you are not unaware tht the trial has been tional legislature, mut necessarily, according a severe one. Vhlen opposition to the Govern- to the intendmentof the Constitution, be a loyal ment calme from one section of the country, and macn, willing to abide by and devoted to the that the section in which my life had been passed, Union and the Constitution of the States. He and with which my interests were identified, I cannot be for the C(onsituiion, he cannot be for stood, as I stand now, contending for the Union, the Union, he cannot acknowledge obedience to and asseverati l that the best and surest way all the laws, unless he is loyal. When the peoto obtain our rights and to protect our interests ple send such men in good faith, they are entiwas to remain in the Union, under the protec- ted to representation through them. tion of the Constitution. In going into the recent rebellion or insurrecThe prdeal tl-hrough which we have passed tion against the Government of the United during the last four or five years demonstrates States we erred; and in returning and resummost conclusively that that opposition was ing our relations with the Federal Government, right; and to-day, after the experiment has I am free to say that all the responsible positions been made and has failed; after the demonstra- and places ought to be confined distinctly and tion has been nmostsconclusi vely afforded that clearly to men who are loyal. If there were this Union cannot be dissolved, that it was not only five thousand loyal men in a State, or a designed to be dissolved, it is extremely gratify- less number, but sufficient to take charge of the ing to me to meet gentlemen as intelligent and political machinery of the State, those five thouas responsible as yourselves, who are willing sand men, or the lesser number, are entitled to and anxious to accept and do accept the terms it, if all the rest should be otherwise inclined. laid down in the Constitution and in obedience I look upon it as being fundamental that the to the laws made in pursuance thereof. exercise of political power should be confined to We were at one period separated; the sepa- loyal men; and I regard that as implied in the ration was to me painful in the extreme; but now, doctrines laid down in these resolutions and in after having gone through a struggle in which the eloquent address by which they have been the powers of the Government have been tried, accompanied. I may say, furthermore, that afwhen" we have swung around to a point at ter having passed through the great struggle in which we meet to agree and are willing to unite which we have been engaged, we should be our efforts for the preservation of the Govern- plced upon much more acceptable ground in rement, which I believe is the best in the world, suming all our relations to the General Governit is exceedingly gratifying to me to meet you ment if we presented men unmistalably and to-day, standing upon common ground, rallying unquestionably loyal to fill the places of power. around the Con-titution and the Union of these This being done, I feel that the day is not far States, the preservation of which, as I conscien- distant-1 speak confidingly in reference to the tiously and honest ly believe, will result in the great mass of the American people-when they promotion andl the advancement of this people. will determine that this Union shall be made I repeat, I am gratified to meet you to-day, whole, and the great right of representation in expressing the principles and announcing the the councils of the nation be acknowledged. sentiments to which you have given utterance, Gentlemen, that is a fundamental principle. and I trunt that the occasion will long. be re- " No taxation without representation" was one membered. I have no doubt that your inten- of the principles which carried us through the tion is to carry out and comply with every Revolution. This great principle will holdgood single principle laid down in the resolutions you yet; and if we but perform our duty, if we but have submitted. I know thatsome are distrust- comply with the spirit of the resolutions preful; but I am of those who have confidence sented to me to-day, the American people will in the judgment, in the integrity, in the intel- maintain and sustain the great doctrines upon ligaence in the virtue of the great mass of the which the Government was inaugurated. It can American people; and having such confidence,' be done, and it will be done; and I think that I am willing to trust them, and I thank God if the effort be fairly and fully made, with forthat we have not yet reached that point where bearance and with prudence, and with discretion we have lost all confidence in each other. and wisdom, the end is not very far distant. The spirit of the Government can only be It seems to me apparent that from every conpreserved, we can only become prosperous and sideration the best policy which could be adopted great as a people, by mutual forbearance and at present would be a restoration of these States confidence. Upon that faith and confidence and of the Government upon correct principles. alone can the Government be successfully car- iWe have some foreign difficulties, but the moment ried on. it can be announced that the Union of the States On the cardinal principle of representation to is again complete, that we have resumed our.which yous refer I will make a single remark. career of prosperity and greatness, at that very That principle is inherent; it constitutes one of instant, almost, all our foreign difficulties willbe the fundlamrental elements of this Government. settled; for there is no power upon the earth The representatives of the States and of the which will care to have a controversy or a ruppeople should have the qualifications prescribed ture with the Government of the United States by the Constitution of the United States, and under such circumstances. those qmsalifiectiio'ns most unquestionably imply If these States be fully restored, the area for 58 POLITICAL MANUAL. the circulation of the national currency, which constitution, has taken hold of one extreme, and is thought by some to be inflated to a very groat with the strong arm of physical power has put extent, will be eilarged, the number of persons down the rebellion. Now, as we swing around through whose hands it is to pass will be in- the circle of the Union, with a fixed and unalcreased, the quantity of commerce in which it is terable determination to stand by it, if we find to be employed as a medium of exchange will be the counterpart or the duplicate of the same enlarged; and then it will begin to approximate spirit that played to this feeling and these perwhat we all desire, a specie standard. If all the sons in the South, this other extreme, which States were restored-if peace and order reigned stands in the way must get out of it, and the throughout the land, and all the industrial pur- Government must stand unshaken and unmoved suits-all the avocations of peace-were again on its basis. The Government must be preresumed, the day would not be very far distant served. when we could put into the commerce of the I will only say, in conclusion, that I hope all world $250,000,000 or $300,000,000 worth of the people of this country, in good faith and in the cotton and tobacco, and the various products of fullness of their hearts, will, upon the principles the Southern States, which would constitute, in which you have enunciated here to-day, of the part, a basis of this currency. maintenance of the Constitution and the preserThen, instead of the core being inverted, we vation of the Union, lay aside every other feelshould reverse the position, and put the base at ing for the good of our common country, and the bottom, as it ought to be; and the currency with uplifted faces to heaven swear that our of the country will rest on a sound and enduring gods and our altars and all shall sink in the dust basis; and surely that is a result which is cal- together rather than that this glorious Union culated to promote the interests not only of one shall not be preserved. section,'but of the whole country, from one ex- I am gratified to find the loyal sentiment of tremity to the other. Indeed, I look upon the the country developing and manifesting itself in restoration' of these States as being indispensable these expressions; and now that the attempt to to all our greatness. destroy the government has failed at one end of Gentlemen, I know nothing further that I the line, I trust we shall go on determined to could say in the expression of my feelings on preserve the Union in its original purity against this occasion-and they are not affected-more all opposers. than to add, that I shall continue in the same I thank you, gentlemen, for the compliment line of policy which I have pursued from the you have paid me, and I respond most cordially commencement of the rebellion to the present to what has been said in your resolutions and period. My efforts have been to preserve the address, and I trust in God that the time will Union of the States. I never, for a single md- soon come when we can meet under more favorment, entertained the opinion that a State could able auspices than we do now. withdraw from the Union of its own will. That attempt was made. It has failed. I continue Speech of the 22d February, 1866. to pursue the same line of policy which has been [IRepoort of National lntelligenccr.] my constant guide. I was against dissolution. After returning his thanks to the committee Dissolution was attempted; it has failed; and which had waited upon him and presented him now I cannot take the position that a State which with the resolutions which had been adopted, attempted to secede is out of the Union, when I the President said: The resolutions, as I undercontended all the time that itcould not go out, stand them, are complimentary of the policy and that it never has been out. I cannot be which has been adopted and pursued by the Adforced into that position. Hence, when the ministration since it came into power. I am States and their people shall have complied with free to say to you on this occasion that it is exthe requirements of the Government, I shall be tremely gratifying to me to know that so large in favor of their resuming their former relations a portion of our fellow-citizens indorse the policy to this Government in all respects. which has been adopted and which is intended I do not intend to say anything personal, but to be carried out. you know as well as I do that at the beginning, This policy has been one which was intended and indeed before' the beginning, of the recent to restore the glorious Union-to bring those gigantic struggle between the different sections great States, now the subject of controversy, to of the country, there were extreme men South their original relations to the Governmentof the and there were extreme men North. I might United States. And this seems t6 be a day pemake use of a homely figure-which is sometimes culiarly appropriate for such a manifestation as as good as any. other, even in the illustrations this-the day that gave birth to him who founded of great and important questions-and say that the Government-that gave birth to the Father it has been hammer at one end of the line and of our Country-that gave birth to him who anvil at the other; and this great Government, stood at the portal when all these States entered the best the world ever saw, was kept upon the into this glorious Confederacy. I say that the anvil and hammered before the rebellion, and it day is peculiarly appropriate to the indorsehas been hammered since the rebellion; and ment of measures for the restoration of the Union there seems to be a disposition to continue the that was founded by the Father of his Country. hammering until the Government shall be de- Washington, whose name this city bears, is emstroyed. I have opposed that system always, balmed in the hearts of all who love their Govand I oppose it now. ernment. [A voice, "'So is Andy Johnson."] The Government, in the assertion of its powers Washington, in the language of his eulogists and in the maintenance of the principles of the was first in peace, first in war, and first in the PRESIDENTIAL INTERVIEWS AND SPEECHES. 59 hearts of his countrymen. No people can claim 1 casion I want to be understood.) There was a him-no nation can appropriate him. His erni- portion of our countrymen opposed to this, and nence is acknowledged throughout the civilized they went to that extreme that they were willworld by all those who love free government. ing to break up the Government to destroy this I have had the pleasure of a visit from the asso- peculiar institution of the South. ciation which has been directing its efforts to- I assume nothing here to-day but the citizenwards the completion of a monument erected to one of you-who has been pleading for his his name. I was prepared to meet them and country and the preservation of the Constitugive them mv humble influence and countenance tion. These two parties have been arrayed in aid of the work. Let the monument be against each other, and I stand before you as I erected to him who founded the Government, did in the Senate of the United States in 1860. and thu.t almost within the throw of a stone I denounced there those who wanted to disrupt from the spot from which I now address you. the Government, and I portrayed their true Let it be completed. Let the pledges which all character. I told them that those who were enthese States and corporations and associations gaged in the effort to break up the Government have put in that monument be preserved as an were traitors. I have not ceased to repeat that, earnest of our faith in and love of this Union, and, as far as endeavor could accomplish it, to and let the monument be completed. And in carry out the sentiment. I remarked, though, connection with Washington, in speaking of the that there were two parties. One would despledges that have been placed in that monu- troy the Government to preserve slavery; the ment, let me refer to one from my own State- other would break up the Government to desGod bless her!-which has struggled for the troy slavery. The objects to be accomplished preservation of this Union in the field and in the were different, it is true, so far as slavery was councils of the nation. Let me repeat, that she concerned; but they agreed in one thing-the is now struggling in consequence of an innova- destruction of the Government, precisely w1at tion that has taken place in regard to her rela- I was always opposed to; and whether the distion with the Federal Government growing out unionistscanie from the South or from the North, of the rebellion-she is now struggling to renew I stand now where I did then, vindicating tile her relations with this Government and take the Union of these States and the Constitution of stand which she has occupied since 1796. Let our country. The rebellion manifested itself in me repeat the sentiment which that State in- the South. I stood by the Government. I said scribed upon her stone that is deposited within I was for the Union with slavery. I said I was the monument of freedom and in commemoration for the Union without slavery. In either alterof Washington; she is struggling to stand by native I was for the Government and the Conthe sentiment inscribed on that stone, and she stitution. The Government has stretched forth is now willing to maintain that sentiment. And its strong arm, and with its physical power it what is the sentiment? It is the sentiment has put down treason in the field. That is, the which was enunciated by the immortal and the section of country that arrayed itself against illustrious Jackson-"The Federal Union, it the Government hlas been conquered by the force must be preserved." of the Government itself. Now, what had we Were it possible for that old man, who in said to those people? We said: "No comprostatue is belore me and in portrait behind me, mise; we.can settle this question with the South to be called forth-were it possible to communi- in eight and forty hours." cate with the illustrious dead, and he could be I have said it again and again, and I repeat informed of the progress in the work of faction, it now, " disband your armies, acknowledge the and rebellion, and treason-that old man would supremacy of the Constitution of the United turn over in his coffin, he would rise, shake off States, give obedience to the law, and the whole the habiliments of the tomb, and again extend question is settled." that long arm and finger and reiterate the senti- What has been done since? Their armie, ment before enunciated, " the Federal Union, it have been disbanded. They come now to meet must be preserved." But we witness what has us in a spirit of magnanimity and say, "We transpired since his day. We remember what were mistaken; we made the effort to carry out he said in 1833. When treason and treachery the doctrine of secession and dissolve this Union, and infidelity to the Government and the Con- and having traced this thing to its logical and stitution of the United States stalked forth, it physical results, we now acknowledge the flag ol was his power and influence that went forth our country, and promise obedience to the Conand crushed it in its incipiency. It was then stitution and the supremacy of the law." stopped. But it was only stopped for a time, I say, then, when you comply with the Conand the spirit continued. There were men dis- stitution, when you yield to the law, when you affected towards the Government in both the acknowledge allegiance to the Government-I North a(nd South. There were peculiar institu- say let the door of the Union be opened, and tions in tle country to which some wereadverse the relation be restored to those that had erred and otliers attached. We find that one portion and had strayed from the fold of our fathers. of our countrymen advocated an institution in Who has suffered more than I have? I ask the South which others opposed in the North. the question. I shall not recount the wrongs This resulted in two extremes. That in the and the sufferings inflicted upon me. It is not South rea.ched a point at which the people there the course to deal with a whole people in a were disposed to dissolve the Government of the spirit of revenge. I know there has been a United States, and they sought to preserve their great deal said about the exercise of thr pardon peculiar institutions. (What I say on this oc- power, as regards the Executive; and there is 6O POLITICAL MANUAL. no ono'who has labored harder than I to have few at the federal head, and thereby bring about the principals, the intelligent and conscious a consolidation of the Popublic, which is equally.offendis, brought to justice and have theprin- objectionable with its dissolution. We find a ciple vindicated that'"treason is a crime." power assumed and attempted to be exercised of But, while conscious and intelligent traitors a most extraordinary character. We see now are to be punished, should whole communities that governments can be revolutionized without and States be made to submit to the penalty of going into the battle-field; and sometimes the death? I have quite as much asperity, and per- revolutions most distressing to a people are ef, haps as much resentment, asa man ought to have; fected without the shedding of blood. That is,, but we must reason regarding man as he is, and the substance of your Governme-, t may be taken must conform our action and our conduct to the away, while there is held out to you the fors example of Him who founded our holy reli- and the shadow. And now, what are the atgion. tempts, and what is being proposed? We find I came into power under the Constitution of that by an irresponsible central directory nearly the country, and with the approbation of the peo- all the powers of Congress are assumed, without ple, and what did I find? I found eight millions even consulting the legislative and executive of people -wbho were convicted, condemned under departments of the Government. By aresolution the law, and the penalty was death; and, through reported by a committee, upon whom and in revenge and resentment, were they all to be an- whom the legislative power of the Government nihilated? Oh! may I not exclaim, how differ- has been lodged, that great principle in the Conent would this be from the example set by the stitution which authorizes and empowers the Founder of our holy religion, whose divine arch legislative department, the Senate and House of rests its extremities on thehorizon while its span Representatives, to be the judges of elections, embraces the universe! Yes, He that founded returns, and qualifications of its own members, this great scheme came into the world and saw has been virtually taken away from the. two men condemned under the law, and the sentence respective branches of the national legislature, was death. What was his example? Instead and conferred upon a committee, who must report of putting the world or a nation to deafh, He before the body can act on the question of the went forth on the cross and testified with His admission of members to their seats. By this wounds that He would die and let the world rule they assume a State is out of the Union, live. Let them repent; let- them acknowledge and to have its practical relations restored by their rashness; let them become loyal, and let that rule, before the House can judge of the them be supporters of our glorious stripes and qualifications'of its own members. What posistars, and the Constitution of our country. I tionis that? You have been struggling for four say let the leaders, the conscious, intelligent trai- years to put down a rebellion. You contended tors, meet the penalties of the law. But as for at the beginningof that strugglethat a State had the great mass, who have been forced into the not a right to go out. You said it had neither rebellion-misled in other instances-let there be the right nor the power, nn,- it ha.-;,: n 1 settled clemency and kindness, and a trust and a confi- that the States had neither the right nor tihe dence in them. But, my countrymen, after hav- power to go out of the nmon. An(i'vlen von ing passed through this rebellion, and having determine by the executive, by the military, and given as niuch evidence of enmity to it as some by the public judgment, that these States cannot who croak a great deal about the matter- have any right to go out, this committee turns when I look back over the battle-field and around and assumes that they are out, and that see many of those' brave men in whose com- they shall not come it. pany I was, in localities of the rebellion where I am free to say to you, as youlr Executive, the contest was most difficult and doubtful, and that I am notprepared to take any such position. who vet were patient; when I look back over I said in the Senate, in the very inception of these fields, and where the smoke has scarcely this rebellion, that the States had no right to passed away; where the blood that has been secede. That question has been settled. Thus shed has scarcely been absorbed-before their determined, I cannot turn round and give the bodies have passed through the stages of decom- lie direct to all that I profess to have done during position —what do I find? The rebellion is put the last four years. I say that when the States down by the strong arm of the Government in that attempted to secede comply with the Conthe field. But is this the only way in which we stitution, and give sufficint evidence of loyalty, can have rebellions? This was a struggle against I shall extend to them the right hand of fellowa change and a revolution of: the Government, ship, and let peace and union he restored. I am and before we fully get from the battle-fields- opposed to the Davises, the Toom bses, the Slidells, when our brave men have scarcely returned to and the long list of such. But wnen I perceive,,their homes and renewed the ties of affection on the other hand, men-[A vuice,'Call them and love to their wives and their children-we off"]-I care not by what amen you call themare now almost inaugurated into another re- still opposed to the Union, i mn iree to say to belliona.' you that I am still with the people. I am still One rebellion was the effort of States to se- for the preservation of these Sta.tes, for the cede, and the war on the part ofthe Government preservation of this Union, and in favor of this was to prevent them from accomplishing that, great Government accomplishing its destiny. and thereby changing the character of our Gov- [Here the President was called upon to give ernment and weakening its power. -When the the names of'three of the members of Congress Government has succeeded, there is an attempt to whom he had alluded as being opposed to the now to concentrate all power in the hands of a Union.] PRESIDENTIAL INTERVIEWS AND SPEECHESS. 61 The gentl'eman calls for three names. I am say to a man who has assassination broiling in talking to my friends and fellow-citizens here. his heart, "there is a fit subject," and also exSuppose I should name to you those whom I claim that the "presidential obstacle" must be lo ok upon as being opposed to the fundamental got out of the way, when possibly the intention principles of this Government, and as now labor- was to institute assassination. Are those who ingn to destroy them. I say. Thaddeus Stevens, want to destroy our institutions and change the of Pelnnl:;vvaiaa; I say Charles Sumner, of character of the Government not satisfied with Massachusetts; I say Wendell Phillips, of Mas- the blood that has been shed? Are they not sachusetts. [A voice, " lorney!"] satisfied with one martyr? Does not the blood I do not waste my fire on dead ducks. I stand of Lincoln appease the vengeance and wrath of for the country, and though Iny enemies may the opponents of this Governmant? Is their traduce, slander, and vituperate, I may say, that thirst still unslaked? Do they want more blood? has no force. Iave they not honor and courage enough to n.addition to this, I do not intend to be gov- effect the removal of the presidential obstacle erned by real or pretended friends, nor do I in- otherwise than through the hands of the assastend to be bullied by my enemies. An honest sin? I am not afraid of assassins; but if it conviction is my sustenance, the Constitution my must be, I would wish to be encountered where guide. I know, my countrymen, that it has been one brave man can oppose another. I hold him insinuated nay, said directly, in high places — in dreadc only who strikes cowardly. But if that if such a usurp tion of power had been ex- they have courage enough to stiilke like men, ercised two hutndred years ago, in particular (I know they are willing to wvound, but they reigns, it would have cost an individual his head. are afraid to strike;) if my blood is to be shed What usurpation has Andrew Johnson been because I vindicate the Union,and the preservaguilty of? [Cries of " None."] My only usur- lion of this Government in its original purity opation has been committed by standing between and character, let it be so; but when it is done, the people and the encroachments of power. let an altar of the Union be erected, and then, And because I dared say in a conversation with if necessary, lay me upon it, and the blood that a fellow-citizen and' a Senator too, that I thought now warms and animates my frame shall be amendments to the constitution ought not to be poured out in a last libation as a tribute to the so frequent, lest the instrument lose all its sanc- Union; and let the opponents of this Governtity and dignity, sad be wholly lost sight of in ment remember that when it is poured out the a short tilme, and because I happened to say in blood of the martyr awill be the seed of the conversationl that I thought that such and such church. The Union willgrow. Itwillcontinue an amendment was all thatought to be adopted, to increase in strength and power, though it it was said that I had suggested such a usurpa- may be cemented and cleansel wiitli blood tion of poswer as would have cost a king his head I have talked loenger, my countrymen, thin in a certain period! In connection with this I intended. With many aclknlowledigments for subject, one has exclaimed that we are in the the honor you have done me, I will say one "midst of earthqcuakes and he trembled." Yes, word in reference to tlhe amendments to the there is an earthquake approaching, there is a Constitution of the United States. Shortly groundswell coming, of popular judgment and.after I reached Washington, for the purpose of indignation. The American people will speak, being inaugurated Vice President, I had a and by their instinct, if in no other vway, know conversation with Mr. Lincoln. We were wvho are their friends, when and whore and in talking about the condition of afairs, and in whatever position I stand-and Ihhave occupiesdl refereneo to matters in my orn State. I said -many positions in the government, goingthrough we had called a convention and demanded a both branches of the legislature. Some gen- constitution abolishing slavery in the State, tleman here behind me says, " And was a tailor." which provision w/as not contained in the PresiNow, that don't affect me in the least.. When dent's proclamation. This met with his approI was a tailor I always made a close fit, and was bation, and he gaive me encouragement. In always punctual to my customers; and did good talking upon the subject of amendments to the work. Constitution, he said, "when the amendment [A voice. No patchworl.] to the Constitution now proposed is adopted by The PIRESIDENT. NO, I did not want any three-fourths of the States, I shall be pretty patchwvork. But-we pass by this digression. nearly or quite done as; regards forming amendIntimations have been thirown out-and wvlhen nients to the Constitution if there should principles are involved and the existence of my be one other adopted." I asked what that country imperiled, I will, as on former occa- others amendmentsuggested was, and lie replied, sions, speal wvhat I thinlk. Yes! Cost h]im his " I have labored to preserve this Union. I have head! Usurpation! When and where have I toiled four years.' I hiave been subjected to been guilty of this? VWhere is the man ih all calumny and misrepresentation, and my great the positions I have occupied, from that of alder- and sole desire has been to preserve these States man to the Vice Presidency, who can say that intact under the Constitution, as they were beAndrew Johnson ever made a pledge that le did fore; and there should be an amendment to the not redeem, or ever imad e a promise that he vio- Constitution which would compel the States to lated, or that lie acted wvith falsity to the people! send their Senators and IRepresentatives to the They may talk a-bout beheading; but vwhen I Congress of the United States." -Ie saw, as am beheaded I want the American people to be part of the doctrine of secession, that the States the witness. I do' not want by inuendoes of could, if they were prepared, withldrawv their an indirect clharacter in high places to have one Senators and Representatives; and he wished to 6.2 POLITICAL MANUAL. remorely this evil by the adoption of the amend- current resolution; but when it is submitted to mrontsuggested. Even that portion of the Con- the popular judgment, they will find it just as stitutio ~ hich differs from other organic law says wellto introduce a resolution repealing the law that no State shall be deprived of its represen- of gravitation; and the idea of preventing the tation. We now find the position taken that restoration of the Union is as about as feasible States shall not be recognized; that we will as resistance to the great law of gravity which impose taxation; and where taxes are to be binds all to a common centre. This great law imposed the Representatives elect from thence of gravitation will bring back those States to are met at the door, and told: "No; you must harmony and their relations to the Federal Govpay taxes, but you cannot participate in a Gov- ernment, and all machinations North and South ernment which is to affect you for all time." Is cannot prevent it. All that is wanting is time, this just? [Voices-" No! No 1"] We see, until the American people can understand what then, where we are going. I repeat, that I am is going on., and be ready to accept the view for the Union. I am for preserving all the just as it appears to me. I would to God that States. They may have erred, but let us admit the whole American people could be assemthose into the counsels of the nation who are bled here to-day as you are. I could wish to unmistakably loyal.'Let the man who acknowl- have ani amphitheatre large enough to conedges allegiance to the Government, and swears tain the whole thirty millions, that they could to support the Constitution, (he cannot do this be here and witness the great struggle to preingood faith unless he is loyal; no amplification serve the Constitution of our fathers. They of the oath can make any difference; it is mere could at once see what it is, and how it is, and detail, which I care nothing about;) let him be what kind of spirit is manifested in' the attempt unquestionably loyal to the Constitution of the to destroy the great principles of free governUnited States and its Government, and willing ment; and they could understand who is for to support it in its peril, and I am willing to them and who is against them, and who was for' trust hin. -I know that some do not attach so ameliorating their condition. Their opposers much importance to the principle as I do. One could be placed before them, and there might be principle that carried us through the revolution a regular contest, and in the first tilt the enewas, that there should,be no taxation with- mies of the country would be crushed. I have out representation. I hold that that principle, detained you longer than I intended; but in which was laid down by our fathers for the this struggle I am your instrument. Where is country's good then, is important to its good the man or woman, in private or public life, that now. If it was worth battling for then, it is has not always received my attention and my worth battling for now. It is fundamental, and time? Sometimes it is said, "that man Johnshould be preserved so long as our Government son is a lucky man." I will tell you what conlasts. I know it was said by some during the stitutes good fortune. Doing right and being rebellion that the Constitution had been rolled for the people. The people in some particular up as a piece of parchment, and should be put or other, notwithstanding their sagacity and away, and that in time of rebellion there was judgment, are frequently underrated or underno constitution. But it is now unfolding; it estimated; but somehow or other the great mass must now be read and adjusted and understood of the people will find out who is for them and by the American people. who is against them. You must indulge me in I come here to-day to vindicate, in so far as I this allusion, when I say I can lay my hand on can in these remarks, the Constitution; to save my bosom and say that in all the positions in it, as I believe; for it does seem that encroach- which I have been placed-many of them as ment after encroachment is to be pressed; and as trying as any in which mortal man could be put I resist encroachments on the Government, I -so far, thank God, I have not deserted the stand to-day prepared to resist encroachments on people, nor do I believe they will desert me. the Constitution, and thereby preserve the What sentiment have I swerved from? Can Government. It is now peace, and let us have my calumniators put their finger on it? Can peace. Let us enforce the Constitution. Let us they dare indicate a discrepancy or a deviation live under and by its provisions. Let it be from principle? published in blazoned characters, as though it Have you heard them at any timne quote my were in the heavens, so that all may read and predecessor, who fell a martyr to his course, as all may understand it. Let us consult that in- coming in controversy with anything I advo-. strument, and, understanding its principles, let cated'? An inscrutable Providence saw proper us apply them. I tell the opponents of this to remove him to, I trust, a better world than Government, and I caye not from what quarter this, and I came into power. Where is there they come-East or West, North or South-" you one principle in reference to this restoration that that are engaged in the work of breaking up I have departed from? Then the war is not this Government are mistaken. The Constitu- simply upon me, but it is upon my predecessor. tion and the principles of free government are I have tried to do my duty. I know some are deeply rooted in the American heart." All the jealous in view of the White House, and I say powers combined, I care not of what character all that fiummery has as little influence on me they are, cannot destroy the image of freedom. as it had heretofore. The conscious satisfaction They may succeed for a time, but their attempts of having performed my duty to my country, will be futile. They may as well attempt to my children, and my God, is all the reward lock up' the winds or chain the waves. Yes, which I shall ask. they may as well attempt to repeal it, (as it In conclusion of what I have to say, let me would seem the Constitution can be,) by a con- ask this vast concourse, this sea of upturned PRESIDENTIAL INTERVIEWS AND SPEECHES. 63 faces, to go with me-or I will go with you- hobby, nor did I ride the colored man for the and stand around the Constitution of our country; sake of gaining power. What I did was for it is again unfolded, and the people are invited the purpose of establishing the great principles to read and understand it, and to maintain its of freedom. And, thank God, I feel and know provisions. Let us stand by the principles of it to be so, that my efforts have contributed as our athlers, though the heavens fall; and then, much, if not more, in accomplishing this great though factions array their transient forces to national guarantee, than those of any other give vituperation after vituperation in the most living man in the TUnited States. virulent manner, I intend to stand by the Con- It is very easy f r colored men to have prestitution as the chief ark of our safety, as the tended friends, ens(onced in high places, and far palladium of our civil and religious liberty. removed from danger, whose eyes have only Yes, let us cling to it as the mariner clings to abstractly gazed on freedom; who have never. the last plank when the night and the tempest exposed their limbs or property, and who never close around him. contributed a sixpence in furtherance of the Accept my thanks, gentlemen, for the indul- great cause, while another periled his all, and gence you have given me in my extemporaneous put up everything sacred and dear to man, and remarks. Let us go on, forgetting the past and those whom he raised and who lived with him. looking only upon the future, and trusting in now enjoy his property with his consent, and Him tihat can control all that is on high and receive his aid and ass.stance; yet some who ashere below, and hoping that hereafter our Union sume, and others who have done nothing, are will be restored, and that we will have peace on considered the great delenders and protectors of earth and good will towards man. the colored man. I repeat, my colored friends, here to-day, the time will come, and that not far distant, when it Speech to the Colored People of the District of will be proved who practically you best Columbia, Celebrating the Third nniversay Vwill be proved who is practically your best Columbia, Celebrating the Third Anniversary friend. of their Emancipation. My friendship, so far es it has gone, has not April 19, 1866-I have nothing more to say been for place or power, for I had these already. to you on this occasion than to thank you for It has been a principle with me, and I thank this compliment you have paid me in presenting God the great principle has been established, that yourselves before me on this your day of cele- wherever any individual, in the language of a bration. I come forward for the purpose of in- distinguished orator and statesman, treads Amerdicating my approbation and manifesting my ican soil, his soul swells within him beyond the appreciation of tie respect thus offered or con- power of chains to bind him, in appreciation of ferred. the great truth that he stands forth redeemed, I thank you for the compliment, and I mean regenerated, and disenthralled by the genius of what I say. And I will remark in this connec- universal emancipation! tion to this vast concourse that the time will Then let me mingle with you in celebration come, and that, too, before a great while, when of the day which commenced your freedom. I the colored population of the United States will do it in sincerity and truth, and trust in God the find out who have selected them as a hobby and blessings which have been conferred may be ena pretence by which they can be successful in joyed and appreciated by you, and that you may obtaining and maintaining power, and who have give them a proper direction. been their true friends, and wanted them to There is something for all to do. You have participate in and enjoy the blessings of freedom. high and solemn duties to perform, and you The time will come when it will be made ought to remember that freedom is not a mere known who contributed as much as any other idea. It must be reduced to practical reality. man, and who, without being considered egotis- Men in being free have to deny themselves many tic, I may say contributed more, in procuring things which seem to be embraced in the idea of the great national guarantee of the abolition of universal freedom. slavery in all the States, by the ratification of It is with you to give evidence to the werld the amendment to the Constitution of the United and the people of the United States, whether States-giving a national guarantee that slavery you are going to appreciate this great boon as it shall no longer be permitted to exist or be re- should be, and that you are worthy of being established in any State or jurisdiction of the freemen. Then let me thank you with sincerity United States. for the compliment you have paid me by passing I'know how easy it is to cater to prejudices, through here to-day and paying your respects and how easy it is to excite feelings of prejudice to me. I repeat again, the time will come when and unkindness. I care not for that. I have you will know who has been your best friend, been engaged in this work in which my all has and who has not been your friend from mercebeen pe-iled. I was not engaged in it as a nary considerations. Accept my thanks. SPECIAL AND VETO MESSAGES OF PRESIDENm J' ONSON, WITH TH[E VOTES IN CONGRESS ON THE PASSAGE OF THE VETOED BILLS. The s Asnal tIessags, Decomeber 4, 1865, from the beginning, null and void. The States -The following eextracts relate to reconstrc- cannot commit treason, nor screen the individtion:. ual citizens who may have committed treason, any more than they could make valid treaties or I found the Stites suffering from the effects of engage in lawful commerce with any foreign a civil war. ]lesistance to the General Gov- power. The States attempting to secede placed emrnent appea.led t1o 1have exhausted itself. The themselve s in a condition where their vitality United States had recovered possession of their was impaired, but not extinguisledc —their funcforts and arsenals, and their armies were in tions suspended, hut not destroyed. the occupation of every State which had at- But if any State neglects or refuses to perform tempted to secede. Wlhether the territory within its offices there is the more need that the General the limits of those States should be held as Governrent should maintain all its authority, conquered territory, under military authority and, as soon as practicable, resume the exercise emanating from the President as the head of the of all its functions. On this principle I have army, was the nfrst question that presented itself acted, an. lave gradually arc qliely, and by for decision. alnost imperceptible steps, sought to restore the Now, military governments, established for rightful energy of the General GCovernment and an indefinite period, would have offered no se- of the States. To that end, provisional govcurity for the early suinpression of discontent; ernors have been appointed for the States, conwould have divided the people into the van- ventions called, governors elected, legislatures quishers and the vanquished; and would have assembled, and Senators and Itepresentatives envenomed hatred, rather than have restored chosen to the Congress of the United States. At affection. Once established, no precise limit to the same time, the courts' of the United States, their continuance was conceivable. They would as far as could be done, have been reopened, so have occasioned an incalculable and exhausting tuhat the laws of the United States may be en-expense. Peaceful emTigrationu to and from that forced through their agency. The blockade has portion of the country is one of the best means been removed and the custom-houses re-estabthat can be thouglht of for the restoration of lished in ports of entry, so that the revenue of harmony, and that. emigration would have been tile United States may be collected. The Post prevented; for wvhat emigrant from abroad, Office Department renews its ceaseless activity, what industr-ious citizen at home, would place and the General Government is thereby enabled himself willingly under military rule? The to communicate promptly with its officers and chief persons vvlo have followed in the train of agents.- The counts bring security to persons the army would have been dependents on the and property; the opening of the ports invites General Governme nt, or men who expected the restoration of industry and commerce; the profit fromn the miseries of their erring fellow- post office renews the facilities of social intercitizens. The powers of patronage and rule course and of business. And is it not happy for which would have been exercised, under the us all, that the restoration of each one of these President, over a vast and populous and natu- functions of the General Government brings rally wealthy region, are greater than, unless with it a blessing to the States over which they under extremne necessity, I should be willing to are extended? is it not a sure promise of harintrust to any one man; they are such as, for lmony and renewed attachment to the Union myself, I could never, unless on occasions of that, after all that has happened, the return of great emergenciy, consent to exercise. The wil- the General Government is known only as a ful use of such powers, if continued through a beneficence? period of years,' woald have endangered the I know very well tbat this policy is attended yurity of the general administration and the with some risk; that for its success it requires liberties of the itates which remained loyal. at least the acquiescence of the States which it Besides, the policy of military rule over a concerns; that it implies an invitation to those.conquered territory would have implied that States, by renewing their allegiance to the United the States whlose inlabitants may have taken States, to resume their functions as States of the part in the rebellion had, by the act of those Union. But it is a risk that must be taken; in inhabitants, ceased to exist. Butthe true theory the choice of difficulties, it is the smallest risk; is, that all pretended acts of secession were, and to diminish, and, if possible, to remove a1i 64 VETOES AND VOTES. o3 danger, I have felt it incumbent on me to assert ing the autumn or early winter, nor until Con.one other power of the General Government- gress should have " an opportunity to consider the power of pardon. As no State can throw a and act on the whole subject." To your delibdefence over the crime of treason, the power of erations the restoration of this branch of the pardon is exclusively vested in the executive civil authority of the United States is therefore government of the United States. In exercising necessarily referred, with the hope that early that power, I have taken every precaution to provision will be-made for the resumption of all connect it with the clearest' recognition of the its functions. It is manifest that treason, most binding force of the laws of the United States, flagrant in character,! has been committed. and an unqualified acknowledgment of the great Persons who are charged with its commission social change of condition in regard to slavery should have fair and impartial trials in the which has grown out of the war. highest civil tribunals of the country, in order The next step which I have taken to restore that the Constitution and the laws may be fully the constitutional relations of the States, has been vindicated; the truth clearly established and an invitation to them to participate in the high affirmed that treason is a crime, that traitors office of amending the Constitution. Every pa- should be punished and the offence made infatriot.must wish for a general amnesty at the mous; and, at the same time, that the question earliest epoch consistent with public safety. For be judicially settled, finally and forever, that no this great end there is a need of a concurrence State of its own will has the right to renounce of all opinions, and the spirit of mutual concil- its place in the Union. iation. All parties in the late terrible conflict The relations of the General Government tomust work together in harmony. It is not too wards the four millions of inhabitants whom much to ask, in the name of the whole people, the war has called into freedom have engaged that, on the one side, the plan of restoration my most serious consideration. On the proshall proceed in conformity with a willingness priety of attempting to make the freedmen electo cast the disorders of the past into oblivion; tors by the proclamation of the Executive, I and that, on the other, the evidence of sincerity took for my counsel the Constitution itself, thL in the future maintenance of the Union shall be interpretations of that, instrument by its auput beyond any doubt by the ratification of the thors and their contemporaries, and recent legis. proposed amendment to the Constitution, which. lation by Congress. When, at the first moveprovides for the abolition of slavery forever ment towardcs independence, the Congress of the within the limits of our country. So long as the United States instructed the several States to adoption of this amendment is delayed, so long institute governments of their own, they lefteach will doubt and jealousy and uncertainty pre- State to decide for itself the conditions for the vail. This is the measure which will efface the enjoyment of the elective franchise. During sad memory of the past; this is the measure the period of the confederacy, there continued which will most certainly call population and to exist a very great diversity in the qualificacapital and security to those parts of the Union tions of electors in the several States; and even that need them most. Indeed, it is not too much within a State a distinction of qualification preto ask of the States which are now resuming vailed with regard to tih officers who were to their places in the family of the Union to give be chosen. The Constitution of the United this pledge of perpetual loyalty and peace. States recognises the diversities when it enjoins Until it is done, the past, however mrch we may that, in the choice of members of the House of desire it, will not be forgotten. The adoption Representatives of the United States, " the elecof the amendment reunites us beyond all power tos.in each State shall have the qualifications of disruption. It heals the wound that is im- requisite for electors of the most numerous perfectly closed; it remove's slavery, the element branch of the State leoislature." After the wvhich has so long perplexed and divided the formation of the Constitution, it remained, as country; it makes of us once more a united before, the uniform usage for each State to enpeople, renewed and strengthened, bound more large the body of its electors, according to its than ever to mutual affection and support. own judgment; and, under this system, one The amendment to the Constitution being State after another has proceeded to increase adopted, it would remain for the States, whose the number of its electors, until now universal powers have been so long in abeyance, to re- suffrage, or something very near it, is the genesume their places in the two branches of the na- ral rule. So fixed was this reservation of power tional legislature, and thereby complete the in the habits of the people, and so unquestioned work of restoration. Here it is for you, fellowv- has been the interpretation of the Constitution, citizens of the Senate, and for you, fellow-citi- that during the civil war the late President never zens of the House of Representatives, to judge, harbored the purpose-certainly never avowed each of you for yourselves, of the elections, re- the purpose-of disregarding it; and in the acts turns, and qualifications of your own members. of Congress, during that period, nothing can 1be The full assertion of the powers of the Gene- found which during the continuance of hostiliral Coverrnment requires the holding of circuit ties, much less after their close, would havesanccourts of the United States within the districts tioned any departure by the Execuative from a where their authority has been interrupted. In policy which has so uniformly o.btained. Morethe present posture of our public affairs, strong over, a concession of the elective franchise to objections have been urged to holding those the freedmen, by act of the President of the courts in any of the States where the rebellion United States, must have been extended to all has existed; and it was ascertained, by inquiry, colored men, wherever found, and so must have that the circuit court of the United States would established a change of suffrage in the Northern, not be held within the district of Virginia dur- Middle, and Western States, not less than in thu, 5 6' POLITICAL MANUAL. Soutthern nnd Soulthwestern. Such an act would The career of free industry must be fairly opened have created a new class of voters, and would to them: and then their future prosperity and have been an assumption of power by the Presi- condition must, after all, rest mainly on themdent which nothing in the Constitution or laws selves. If they fail, and so perish away, let Tis of the United States would have warranted. be careful that the failure shall not be attribuOn the other hand, every danger of conflict is table to any denial of justice. In all that reavoided when the settlement of the question is lates to the destiny of the freedmen, we need refe-rred to the several States. They can, each not be too anxious to read the future; many infor itself, decide on the measure, and whether it cidents which, from a speculative point of view, is to be adopted at once and absolutely, or intro- might raise alarm, will quietly settle themselves. duced gradually and with conditions. In my Now that slavery is at an end or near its end, judgment, the freedmen, if they show patience the greatness of its evil, in the point of view of and manly virtues, will sooner obtain a partici- public economy, becomes more and more apparpation in the elective franchise through the ent. Slavery was essentially a monopoly of States than through the General Government, labor, and as such locked the States where it even if it had power to intervene. When the prevailed against the incoming of free industry. tumult of emotions that have been raised by the Where labor was the property of the capitalist, suddenness of the social change shall have sub- the white man was excluded from employment, sided, it may prove that they will receive the or had but the second best chance of finding it; kindliest usage from some of those on whom. and the foreign emigrant turned away from the they have heretofore most closely depended. region where his condition would be so precariBut while I have no doubt that now, after the ous. With the destruction of the monopoly, close of the war, it is not competent for the free labor will hasten from all parts of the civilGeneral Government to extend the elective fran- ized world to assist in developing various and iirchise in the several States, it is equally clear measurable resources which have hitherto lain that good faith requires the security of the freed- dormant. The eight or nine States nearest the menn in their liberty and in their property, their Gulf of Mexico have a soil of exuberant fertility, riglit to labor, and their right to claim the just a climate friendly to long life, and can sustain a return of tleir labor. I cannot too strongly denser population than is found as yet in any urge a dispassionate treatment of this subject, part of our country. And the future influx of which should be carefully kept aloof from all population to them will be mainly from the paity strife. We must equally avoid hasty as- North, or from the most cultivatedl nations in sumptions of any natural impossibility for the Europe. From the sufferings that lave attendtwo races to live side by side, in a state of mu- ed them during our late struggle, let us look tu-'l benefit and good will. The experiment away to the future, which is sure to be laden involves us in no inconsistency; let us, then, go for them with greater prosperity tlan has ever on and mazte that experilaent in good faith, and before been known. The removal of the monot be too easily disheartened. The country is nopoly of slave labor is a pledge that those rein need of labor, and the freedmen are in need gion.s will be peopled by a numerous and enterof employment, culture, and protection. While prising population, which will vie with any in their riolht of voluntary nmigration-and expatria- the Union in compactness, inventive genius, tion is lnot to.be questioned, I wsould not advise wealth, and industry. their forced removal and colonization. Let us rather encourage them to honorable and useful Messaage on the late In surrectionary States. industry, vwhere it masy be beneficial to th.emn- To the Senate of ithe UGites. St tes: selves and to the country; and, instead of hasty In reply to the resolution adopted by the Senanticipations ofthe certa, inty of failure, let there ate on the 12th instant, I have the honor to be nothing wanting to the fair trial of the ex- state that the rebellion waged by a portion p'eriment. The change in their condition is the of the people against the lproperly-constituted substitution of labor by contLract for the status authorities of the Government of the United of slavery. The feedman cannot fairly be ac- States has been suppressed; that the United cused of unwillingness to work, so long as a States are in possession of every State in avhich doubt remains about his-freedom of choice in the insurrection existed; and that, as far as his pursuits, and the certainty of his recoveri ng could be done, the courts of the''United States his stipulated wages. In this the interests of have been restored, post offices re-established, the employer and the emrlloyed coincide. The and steps taken to put into effective operation employer desires in his -worklmen slpirit and alac- the revenue laws of the country. rity, and tlhese can be permanently secured in As the result of the measures instituted by no other way. And if the one ought to be able the Executive, with the view of imlcucing a to enforce the contract, so ought the other. The resumption of the functions of the States cornpublic interest will be best promoted if the sev- prehended in the inquiry of the Senate, the oral States will provide adequicate protection and people in North Carolina, South Carolina, Geoeremedies for the freedmen. Until this i. in gia, Alabama, Mississippi, Louisiana, Arkansas, sorme waay accomplished, thelre is no chance for and Tennessee, have reorganized tlheir respectthe advantag eous use of their labor; and the ive State governments, and "are yielding obeblame of ill success will not rest on them. dience to the laws'a.n Government of the UniI know that sincere philanthropy is earnest ted States" with more willingness and greater for the immnediate realization of its remotest promptitude than under the circumstances could aims; but time is always an element in reform. reasonably have been anticipated. The pro. It is one of the greatest acts on record to have posed amendment to the Constitution, providbr.ought foelr millions -of people into fireedom. in for the abolition of slavery forever within VETOES AND VOTE. 67 the limits of the country, has been ratified by the scope of the inquiries made by the Senate each one of those States, with the exception of of the United States in their resolution of the Mississippi, from which no official information 12th instant, I have the honor to submit the folhas yet been received; and in nearly. all of lowing: them measures have been adopted or are now - With your approval, and also'that of the honp6nding, to confer upon freedmen rights and orable Secretary of War, I left Washington city privileges which are essential to their comfort,. on the 27th of last month for the purpose of protection, and security. In Florida and Texas making a tour of inspection through some of the the people are making commendable progress Southern States, or States lately in rebellion, in restoring their State governments, and no and to see what changes were necessary to be doubt is entertained that they will at an early made in the disposition of the military forces of period be in a condition to resume all of their the country; how these forces could be reduced practical relations to the Federal Government. and expenses curtailed, &c.; and to learn, as far In "thlat portion of the Union lately in re- as possible, the feelings and intentions of the bellion" the aspect of affairs is more promising citizens of. those States toward the General than, in view of all the circumstances, could Government. well have been expected. The people through- The State of Virginia being so accessible to out the entire South evince a laudable desire to Washington city, and information from this renew their allegiance to the Government, and quarter therefore being readily obtained, I hasto repair tle devastations of war by a prompt tened through the State without conversing or and cheerful return to peaceful pursuits. An meeting with any of its citizens. In Raleigh, abiding faith is entertained that their actions North Carolina, I spent one day; in Charleston, wrill conform to their professions, and that, in South Carolina, two days; Savannah and Auacknowledging the supremacy of the Constitu- gust%, Georgia, each one day. Both in traveling tion and the laws of the United States, their and while stopping, I saw much and conversed loyalty will be unreservedly given to the Gov- freely with the citizen's of those States, as well ment, whose leniency they cannot fail to ap- as with officers of the army who have been stapreciate, and whose fostering care will soon tioned among them. The followingare the conrestore them to a condition of prosperity. clusions come to by me: It is true that in some of the States' the de- I am satisfied that the mass of thinking men moralizing effects of the war are to be seen in of the South accept the present situation of afoccasional disorders; but- these are local in fairs in good faith. The questions which have character, not frequent in occurrence, and are heretofore divided the sentiments of the people rapidly disappearing as the authority of civil law of the two sections-slavery and States rights, is extended and sustained. Perplexing ques- or the right of a State to secede from the Union tions were naturally to be expected from the -they regard as having been settled forever by great and sudden change in the relations be- the highest tribunal-arms-that man can resort tween the two races; but systems are gradually to. I was pleased to learn from the leading men developing themselves under which th'e freed- whom I met, that they not only accepted the deman will receive the protection to which he is cision arrived at as final, but, now that the justly entitled, and by means of his labor make smoke of battle has cleared away and time has himself a useful and independent member of been given for reflection, that this decision has the community in which he has his home. been a fortunate one for the whole country, they From all the information in my possession, and receiving like benefits from it with those who from that which I have recently derived from opposed them in the field and in council. the most reliable authority, I am induced to Four years of war, during which law was excherish the belief that sectional animosity is ecuted only at the pointof the bayonet throughsurely and rapidly merging itself into a spirit out the States in rebellion, have left the people of nationality, and that representation, con- possibly in a condition not to yield that ready'nected with a properly-adjusted system of tax- obedience to civil authority the American people ationl will result in a harmonious restoration have generally been in the habit of yielding. of the relations of the States to the national This would render the presence of small garriUnion. sons throughout those-States necessary until such The report of Carl Schurz is herewith trans- time as labor returns to its proper channels, and mitted, as requested by the Senate. No reports civil authority is fully established. I did not from lion. John Covode have been received by meet any one, either those holding places under the President. The attention of the Senate is the Government or citizens of the Southern invited to the accompanying report of Lieuten- States, who think it practicable to withdraw the a-nt General Grant, who recently made a tour of military from the South at present. The white inspection through several of the States whose and the black mutually require the protection inhlabitants participated in the,rebellion.. of the General Government. AN nDREW JOHNSON. There is such universal acquiescence in the auWASHINGTON, D. C., December 18, 1865. thority of the General Government throughout the portions of the country visited by me, that Accompanying Report of General Grant, the mere presence of a military force, without HEADQUARTERS ARMIES OF THE U. S., regard to numbers, is sufficient to maintain order. WASHINGTON, D. C., December 18, 1865. The good of the country and economy require S.t: In reply to your note of the 16th inst., that the force kept in the interior, where there requesting a report from me giving such infer- are many freedmen, (elsewhere in the Southern mation as I may be possessed of, coming within States than at forts upon the sea-coast no force ~682gS POLITICAL MAINAL. Is necessary,) should all be white troops. The towns, and cities. In such cases I think it will Feasons for this are obvious without mentioning be found that vice and disease will tend to the )nany of them. The presence of black troops, extermination, or great reduction of the colored lately slaves, demoralizes labor both by their ad- race. It cannot be expected that the opinions vice and by furnishing in their camps a resdrt held by men at the South for years can be for the freedmen for long distances around. changed in a day; and therefore the freedmen White troops generally excite no opposition, and require for' a few years not only laws to protect therefore a small number of them can maintain them, but the fostering care of those who will order in a given district. Colored troops must give them good counsel, and in whom they can be kept in bodies sufficient to defend themselves. rely., It is not the thinking men* who would use violence The Freedmen's Bureau, being separated toward any class of troops sent among them by from the military establishment of the country, hie General Government, but the ignorant in requires all the expense of a separate organiza-'ome cases might, and the late slave seems to he tioni. One does not necessarily know what the imbued with the idea that the property of his other is doing, or what orders they are acting late master should by right belong to him, or at under. It seems to me this could be corrected least should have no protection from the colored by regarding every officer on duty with troops Soldier. There is danger of collisions being in the Southern States as agents of the Freedbrought on by such causes. men's Bureau, and then have all orders from My observations lead me to the conclusion the head of the bureau sent through department that thescitizens of the Southern States are anx- commanders. This would create a responsibility jous to return to self-government within the that would secure uniformity of action throughUnion as soon as possible; that while recon- out all the South; would insure the orders and ltructing, they want and require protection from instructions from the head of the bureau being the Government; that they are in earnest in carried out; and would relieve from duty and wishing to do what they think is required by pay a large number of employes of the Governthe Government, not humiliating to them as ment. citizens, and that if such a course was pointed I have the honor to be, very respectfully, your out they would pursue it in good faith. -It is to obedient servant, U. S. GReANT be regretted that there cannot be a greater Liezutenant.general. commingling at this time between the citizens of His Excellency A. JOHnSON, the two sections, and particularly of those in- President of the United States. trusted with the law-making power. I did not give the operations of the Freed- Veto of the Freedmen's Bureau Bill, February men's Bureau that attention I would have done 19 1866 if more time had been at my disposal. Conversa- To the Senate of the United States: tions on the subject, however, with officers con- I have examined with care the bill which nectedcwith the bureau lead me to think that in originated in the Senate, and has been passedby some of the Statesits affairshavenot been conduct- the two Houses of Congress, to amend an act ed with good judgment or economy, and that-the entitled " An act to establish a Bureau for the belief, widely spread among the freedmen of the relief of Freedmen and Refugees," and for other Southern States, that the lands of their former purposes. Having, with much regret, come to owners will, at least in part, be divided among the conclusion that it would not be consistent them, has come from the agents of this bureau. with the public welfare to give my approval to This belief is seriously interfering with the will- the measure, I return the bill to the Senate with ingness of the freedmen to make contracts for the my objections to its becoming a law. coming year. In some form the Freedmen's I might call to mind, in advance of these obBureau is an absolute necessity until civil law jections, that there is no immediate necessity for is established and enforced, securing to the freed- the proposed measure. The act to establish a men their rights and fullprotection. At present, bureau for the relief of freedmen and refugees, however, it is independent of the military es- which was approved in the month of March tablishment of the country, and seems to be last, has not yet expired. It was thought strinoperated by the different agents of the bureau gent and extensive enough for the purpose in according to their individual notions. Every- view in time of war. Before it ceases to have where General Howard, the able head of the effect, further experience may assist to guide us bureau, made friends by the j ust and fair instruc- to a wise conclusion as to the policy to be adopted tions and advice he gave; but the complaint in -in time of peace. South Carolina was, that when he left things I share with Congress the strongest desire to went on as before. Many, perhaps the majority, secure to the freedmen the full enjoyment of of the agerts of the Freedmen's Bdreau advise their freedom and property, and their entire the freedmen that liy their own industry they independence and equality in making contracts must expect to live. To this end they endeavor for their labor; but the bill before me contains to secure employment for them, and to see that provisions which, in my opinion, are not warboth cont.racting parties comply with their en- ranted by the Constitution, and are not well gagements. In some instances, I am sorry to suited to accomplish the end in view. say, the freedman's mind does not seem to be, The bill proposes to establish, by authority of disabused of the idea that a freedman has the Congress, military jurisdiction over all parts of right to live without care or provision for the the United States containing refugees and freedfuture. The effect of the belief in division of men. It would, by its very nature, apply with lands is idleness and accumulation in camps, most force to those parts of the UI ited States in VETOES'AND VOTES. 69 which the freedmen mist abound; and it ex- a presentment or indictment of a grand jury, pressly extends the existing temporary jurisdic- except in cases arising in the land and naval tion of the freedmen's bureau, with greatly forces, or in the militia when in actual service enlarged powers, over those States "in which in time of war or public danger;" and that "in. the. ordinary course of judicial proceedings has all criminal prosecutions the accused shall enjoy been interrupted by the rebellion." The source the right to a speedy and public trial, by an from which this military iuri:;diction is to eman- impartial jury of the State or district wherein ate is n.one other than the President of the United the crime shall have. been committed." The States, acting through the War Department and safeguards which the experience and wisdom of the Commissioner of the Freedmen's Bureau. ages taught our fathers to establish as securities The agents to carry out this military jurisdiction for the protection of the innocent, the punishare to beselected either from the army or from ment of the guilty, and the equal administracivil life; the country is to be divided into dis- tion of justice, are to be set aside, and, for the tricts and sub-districts, and the number of salaried sake of a more vigorous interposition in behalf agents to be employed may be equal to the num- of justice, we are to take the risks of the many her of counties or parishes in all the United States acts of injustice that would necessarily follow where freedmien and refugees are to be found. from an almost countless number of agents, esThe subjects over which this military juris- tablished in every parish or county, in nearly diction is to extend in every part of the United a third of the States of the Union, over whose States include protection to "all employ6s, decisions there is to be no supervision or control agents, and officers of this bureau in the exercise by the federal courts. The power that would of the duties imposed" upon theri by the bill. be thus placed in the hands of the President is In eleven States it is further to extend over all such as in time of peace certainly ought never cases affecting freedmen and refugees discrimin- to be intrusted to any one man.. ated against" by local law, custom, or prejudice." If it be asked whether the creation of such a In those eleven States, the bill subjects any white tribunal within a State is warranted as a measperson who may be charged with depriving a ure of war, the question immediately presents freedman of "any civil rights or immunities be- itself whether we are still engaged in war. Let longing to white persons" to imprisonment or us not unnecessarily disturb the commerce, and fine, or both, without, however, defining the credit,, and industry of the country, by declar"civil rights and immunities" which are thus to ing to the American people and to the worldbe secured to the freedmen by military law. that the United States are still in a condition of This military jurisdiction also extends to all civil war. At present there is no part of our questions that may arise respecting contracts. country in which the authority of the United The agent who is thus to exercise the office of a States is disputed. Offences that may be cornmilitary judge may be a stranger, entirely igno- mitted by individuals should not work a forrant of the laws of the place, and exposed to the feiture of the rights of whole communities. errors of judgment to which all men are liable. The country has returned or is returning to a The exercise of power, over which there is no state of peace and industry, and the rebellion legal supervision, by so vast a number of agents is, in fact, at an end. The measure, therefore, as is contemplated by the bill, must, by the very seems to be as inconsistent with the actual connature of man, be attended by acts of caprice, dition of the country as it is at variance with injustice, and passion.. the Constitution of the United States. The trials' having' their origin under this bill, If, passing from general considerations, we exare to take place without the intervention of a amine the bill in detail, it is open to weighty jury, and without any fixed rules of law or objections. evidence. The rules on which offences are' to be In time of war it was eminently proper that "heard and determined" by the numerous agents we should provide for those who were passing are such rules and regulations as the President, suddenly from a condition of bondage to a state through the War Department, shall prescribe, of freedom.* But this bill proposes to make the No previous presentment is required, nor any indictment charging the commission of a crime *I have obtained from an official source the following against the laws; but the trial must proceed on t f the numbr of oersons rslievsd, bnt of the number of rations issued by the Freednmen's Bucharges and specifications. The punishment reau, in each State, fromnJune 1, 1865, to April 1, 1866-ten will be-not what the law declares, but such as months:.Refzq/ees. Freedmen. Total. a' court-martial may think proper; and from Virgini............................. 435 27 1680762 these arbitrary tribunals there lies no appeal, North Carolina................... 4,474 902,776 907,450 no writ of error to any of the courts in whichi South Carolina and Georgia 21,974 861,653 886,627 the Constitution of the United States vests exclu- m............................ 79 364,21 1,43, Louisiana........................... 4,330 296,431 300,761 sively, the judicial power of the country. Texas....................... 166 3,521 3,687 While the territory and. the classes of actions Mi:ssissippi.......................... 33,489 308,391 341,880 and offences that are made subj ect to the measure Arkansas..................... 100,2 715,572 1,729,441 Kentucky and Tennessee...e 87,T80 306,960 394,140 are so extensive, the bill itself, should it become District of Columbia........... 3,834.440,626 444,460 a iaw, will have no limitation in point of time, but will form a part of the permanent legisla- 2,047,297 5,876,272 7,923,569 tion of the country. I cannot reconcile a sys- 5ten moths.887 2 tern oi'military jurisdiction of this lkind with Total number of rations issued to refugees.'........ ~,047,297 the words' of the Constitution, which declare T ihat "no person- shall be held to answer for a r ns blccapital or otherwise is for tn onts, from une 1, 1865, 2,5 cpital or otherwise infamous crime unless upoin April 1,1866................................................ 7,92,1,5ft 70 -POLITICAL MANUAL. Freedmens Bureau, establishedby the act of 1865, population. Any legislation that shall imply as one of many great and extraordinary military that they are not expected to attain a self-susmeasures to suppress a formidable rebellion, a taining condition must have a tendency injuripermanent branch of the public administration, ous alike to their character and their prospects. with its powers greatly enlarged. I have no The appointment of an agent for every county reason to suppose, and I do not understand it to and parish will create an immense 7,atronage; be alleged, that the act of March, 1865, has proved and the expense of the numerous oficers and deficient for the purpose for which it was passed, their clerks, to be appointed by the Pr esident, although at that time, and for a considerable will be great in the beginning, with a tendency period thereafter, the Government of the United steadily to increase. The appropriations asked States remained unacknowledged in most of the by the Freedmen's Bureau, as now established States whose inhabitants had been involved in for the year 1866, amount to $11,745,000. It the rebellion. The institution of slavery, for the may be safely estimated that the cost to be inmilitary destruction of which.the Freedmen's curred under the pending billwill require double Bureau was called into existence as an auxiliary, that amount-more than the entire sum expended. has been already effectually and finally abroga- in any one year under the administration of the,ted throughout the whole country by an amend- second Adams. If the presence of agents in ment of the Constitution of the United States, every parish and county is to be considered as a Band practically its eradication has received the war measure, opposition, or even resistance, assent and concurrence of most of those States in might be provoked; so that, to give effect to which it at any time had an existence. I am their jurisdiction, troops would have to be stanot, therefore, able to discern in the condition of tioned within treach of every one of them, and the country anything to justify an apprehension thus a large standing force be rendered necesthat the powers and agencies of the Freedmen's sary. Large appropriations would, therefore, Bureau, which were effective for the protection be required to sustain and enforce military juof freedmen and refugees during the actual con- risdiction in every county or parish from the tinuance of hostilities and of African servitude, Potomac to the Rio Grande. The condition of will now, in a time of peace, and after the abolition our fiscal affairs is encouraging; but, in order to of slavery, prove inadequate to the same proper sustain the present measure of public confidence, ends. If I am correct in these views there can -it is necessary that we practice, not merely cusbe no necessity for the enlargement of the pow- tonary economy, but, as far as possible, severe ers of the bureau for which provision is made in retrenchment. the bill. In addition to the objections already stated, The third section of the bill authorizes a gen- the fifth section of the bill proposes to take oral and unlimited grant of support to the des- away land from its former owners wi.thout any titute and suffering refugees and freedmen, their legal proceedings being first had, contrary to wives and children. Succeeding sections make that provision of the Constitution which declares provision for the rent or purchase of landed es- that no person shall "be deprived of life, liberty, tates for freedmen, and for the erection for their or property without due process of law." It benefit of suitable buildings for asylums and does not appear that a part of the lands to schools-the expenses to be defrayed from the which this section refers may not be owsned by treasury of the whole people. The Congress of minors, or persons of unsound mind, or by those the United States has never heretofore thought who have been faithful to all their obligations itself empowered to establish asylums beyond as citizens of the United States. If any porthe limits of the District of Columbia, exceptfor tion of the land is held by such persons, it is not the benefit of our disabled soldiers and sailors. competent for any authority to deprive them of It has never founded schools for any class of it. If, on the other hand, it be found that the our own people; not even for the orphans of property is liable to confiscation, even then it those'who have fallen in the defence of the cannot be appropriated to public purposes until, Union, but has left the care of education to the by due process of law, it shall have been demuchl more competent and efficient control of dared forfeited to the Government. the States, of communities, of private associa- There is still further objection to the bill on tions, and of individuals. It has never deemed grounds seriously affecting the class of persons itself authorized to expend the public money for to whom it is designed to bring relief. It will the. ret or purchase of homes for the thousands, tenld to keep the mind of the freedman in a not to say millions, of the white race who are state of uncertain expectation and restlessness, honestly toiling from day to day for their sub- while to those among whom he lives it will be sistence, A system for the support of indigent a source of constant and vague apprehension. persons in the United States was never contem- Undoubtedly the freedman should be protected, plated by the authors of the Constitution; nor buthe shouldbe protected by the civil authorities, can any good reason be advanced why, as a per- especially by the exercise of all the constitutional manent establishment, it should be founded for powers of the courts of the United States and of one class or color of our people more than an- the States. His condition is not so exposed as may other. Pending the war many refugees and at first be imagined. He is in a portion of the freedmen receivedsupport from the Government, country where his labor cannot well be spared. but it was never intended that they should Competition for his services from planters, from thenceforth be fed, clothed, educated, and shel- those who are constructing or repairing railtered by the United States. The idea on which roads, and from capitalists in his vicinage, or the slaves were assisted to freedom was, that on from other States, will enable him to command becoming free they would be a self-sustaining almost his own terms. He also possesses a per VETOES AND VOTS. 71 fect right to change his place of abode; and if, of the people of that portion of the country.' therefore, he does not find in one community or an additional reason why they need, and should State a mode of life suited to his desires, or have, Representatives of their own in Congress, proper remuneration for his labor, he can move to explain their condition, reply to accusations, to another, where that labor is more esteemed and assist, by their local knowledge, in the perancd better rewarded. In truth, however, each fecting of measures immediately affecting themState, induced by its own wants and interests, selves. While the liberty of deliberation would vill do what is necessary and proper to retain then be free, and Congress would have full NWithin its borders all the labor that is needed power to decide according to its judgment, -for the development of its resources. The laws there could be no objection urged that the States that regulate supply and demand will maintain most interested had not been permitted to be their force, and the wages of the laborer will heard. The principle is firmly fixed in the be regulated thereby. There is no danger that minds of the American people, that there should the exceedingly great demand for labor will be no taxation without representation. Great not operate in favor of the laborer. burdens have now to be borne by all the counNeither is sufficient consideration given to the try, and we may best demand that they shall be ability of the freedmen to protect and take care borne without murmur when they are voted by of themselves. It is no more than justice to them a majority of the representatives of all the peoto believe that as they. have received their free- ple. I would not interfere with the unqucsdom with moderation and forbearance, so they tionable right of Congress to judge, each house will distinguish themselves by their industry and for itself, "of the elections, returns, and qualifithrift, and soon show the world that in a condi- cations of its own members." But that authortion of freeidom they are self-sustaining, capable ity cannot be construed as including the right of selecting their own employment and their own to shut out, in time of peace, any State from the places of abode, of insisting for themselves on a representation to which it is entitled by the proper remuneration, and of establishing and Constitution. At present all the people of eleven mintainning their own asylums and schools. It States are excluded-those who were most faithis earnestly hoped that, instead of wasting away, ful during the war' not less than others. The they will, by their own efforts, establish for them- State of Tennessee, for instance, whose authoriselves acondition of respectability and prosperity. ties engaged in rebellion, was restored to all her It is certain that they can attain to that condition constitutional relations to the Union by the paonly through their own merits and exertions. triotism and energy of her injured and betrayed In this connexion the query presents itself people. Before the war was brought to a terwhether the system proposed by the bill will not, mination they had placed themselves in relawhen put into complete operation, practically tions with the General Governmeut, had estabtransfer the entire care, support, and control of lished a State government of their own, and, as four millions of emancipated slaves to agents, they were not included in the emancipation procoverseers, or task-masters, who, appointed at lamation, they, by their own act, had amended Washington, are to be located in every county their constitution so as to abolish slavery within and parish throughout the United States contain- the limits of their State. I know no reason why ing freedmen and refugees? Such asystem would the State of Tennessee, for example, should not inevitably tend to a concentration of power in the fully enjoy " all her constitutional relations to Executive, which would enable him, if so disposed, the United States." to control.the action of this numerous class, and The President of the United States stands touse them for the attainment of his own political wards the country in a somewhat different attiends. tude from that of any member of Congress. I cannot but add another very grave objection Each member of Congress is chosen from a sinto this bill. The Constitution imperatively de- gle district or State; the President is chosen by dares, in connection with taxation, that each the people of all the States. As eleven States State SHALL have at least one Representative, are not at this time represented in either branch and fixes the rule for the number to which, in of Congress, it would seem to be his duty, on future times, each State shall be entitled. It all proper occasions, to present their just claims also provides that the Senate of the United to Congress. There always will be differences States SHALL be composed of two Senators from of opinion in the community, and individuals each State; and adds, with peculiar force, "that may be guilty of transgressions of the law, but no State, without its consent, shall be deprived these do not constitute valid objections against of its equal suffrage in the Senate." The origi- the right of a State to representation. I would nal act was necessarily passed in the absence of in nowise interfere with the discretion of Conthe States chiefly to be affected, because their gress with regard to the qualifications of mempeople were then contumaciously engaged in the bers; but I hold it my duty to recommend to rebellion. Now the case is changed, and some, you, in the interests of peace-and in the interests at least, of those States are attending Congress of Union, the admission of every State to its by loyal representatives, soliciting the allow- share in public legislation, when, however inance of the constitutional right-of representa- subordinate, insurgent, or rebellious. its people tion. At the time, however, of the considera- may have been, it presents itself not only in an tion and the passage of this bill, there was no attitude of loyalty and harmony, but in the Senator or Representative in Congress from the persons of representatives whose loyalty caneleven States which are to be mainly affected not be questioned under any existing constituby its provisions. The very fact that reports tional or legal test. It is plain that an indefinite 7ere.and are made against tie good disposition or permanent exclusion of any part of the 72 POLITICAL MANUAL. country from representation must be attended Constitution itself, and from the actual situation by a spirit of disquiet and complaint. It is un- of the country, I feel not only entitled, but bound..wise and dangerous to pursue a course of meas- to assume that, with the federal courts restored, ures which will unite a very large section of the and those of the several States in the full exercountry against another section of the country, cise of their functions, the rights and interests of however much the latter may preponderate. all classes of the people will, with the aidof the The course of emigration, the development of military in cases of resistance to the laws, be industry and business, and natural causes, will essentially protected against unconstitutional raise up at the South men as devoted to the infringement or violation. Should this expecUnion as those of any other part of the land. tation unhappily fail, which I do not anticipate, But if they are all excluded from Congress; if, then the Executive is already fully armed with in a permanent statute, they are declared not the powers conferred by the act of March, 1865, to be in full constitutional relations to the establishing the Freedmen's Bureau, and herecountry, they may think they have cause to be- after, as heretofore, he can employ the land and come a unit in feeling and sentiment against the naval forces of the country to suppress insurrecGovernmeit. Under the political education of tion or to overcome obstructions to the laws. the American people, the idea is inherent and In accordance with the Constitution I return and ineradicable, that the consentof the majority the bill to the Senate, in the earnest hope that a of the whole people is necessary to secure a measure involving questions and interests so willing acquiescence in legislation. important to the country will not become a law, The bill under consideration refers to certain unless, upon deliberate consideration by the peoof the States as though they had not "been ple, it shall receive the sanction of an.enlightened fully restored in all their constitutional relations public judgment. ANDREW JOHNSON. to the United States." If they have not, let us WASIIINGTON, February 19, 1866. at once act together to secure that desirable end at the earliest possible moment. It is hardly Copy of the Bill Vetoed. necessary for me to inform Congress that, in my AN ACT to amend an act entitled "An act to own judgment, most of those States, so far, at establish a Bureau for the relief of Freedmen least, as depends upon their own action, have and Refugees," and for other purposes. already been fully restored, and are to be deemed Be it enacted, &c., That the act to establish a as entitled to enjoy their constitutional rights NAYS-Messrs. Bege Boye, Brooks,'hanlr, Coffrol, as -members of thle Union.* iReasonline from the NxYs-Messrs.,eraenoZ0 anOer, o.rth, as members of the Union.* reasoning from the Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Iale, Aaron Harding, Hoganz, Hmsphrey, Kerr, Latham, 4Marshall, 3[cCullough,. Newell, Niblack, Nicholson, Phelps, * In responso to this suggestion, this action took place in Masadld, Alullo J. RlNdal, aymonbl, Ncol, RoPh Radford, Samuel J. Randall, Raymond, 1ilter, Rogers, ~oqgsress: BRos RoRousseau, Shanllin, Sitgreaves, Smith, Taber, Taylor, When Representatives shall be Admitted from Thornton, Trimble, Voorhees, Whaley, Wright-40. States declared in Insurrection. February 21-A motion to reconsider the Is HousE. above vote having been entered, Mr. Stevens February 20, 1SG66 —Mr. Stevens, from thle moved tolay it on the table; which was agreed Jommittee on Reconstruction, reported this to-yeas 108, nays 38, as ollow: noncurrent resolution: YEAS-Messrs. Allison, Anderson, Delos R. Ashley, Jalmes olvio by the H77 7 ouse of Rersntt s MI. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, esoOvec by the House of Repr7eset atves, Ben jamin, Bidwell, Bingham, Blaine, Boutwell, Brande(the Senate concurring,) That, in order to close gee, mell, Broomall, Bucklad, Reader W. Clarke, Cobb, agitation upon a questiomn which seems lilrely to CnlConkling, Cook, Cullom, Dawes, Deirees, Deming, Donnelly, agitation upon a question wih seems likely to Driggs, Dumont, Eckley, Eggleston, Eliot, Fatrquhar, Ferry, disturb the action of the Government, as well Garfield, Grinnell,Griswold, Abner C. Harding, Hart, Hayes, as to quiet the uncertainty which is agitating Ienderson, Higby, Holmes, Hooper, Asahel W. Ilubbard, the minds of the people of the eleven States Demas Ilubbard, jr., John H. Hubbard, James R. Hubbell, e min ds otie people oft e eleven Srtate s nIiulburd, Ingersoll, Jenckes, Julian, Kelley, Ietcham, Lafwhich have been declared to be-i insurrection, lin, George V.Lawrence, William Lawrence, Loan, Longyear, no Senator or Representative shall be admitted Lynch, Mrston, Marvin, cClrg, McIndoe, McRuer, Merinto either branch of Congress ~from any of said cur, Moorhead, Morrill, Morris, Moulton, O'Neill, Orth, Paine, Sinto eits ii Congress soall have declared n sua i Perham, Pike, Plants, Pomeroy, Price, William H-I. Randall, States until Congress shall have declared such Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, State entitled to such representation. Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Which wa'cs agreed to-yeas 109, nays 40, as Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, W cWasagreedto-yeas nays, as Upson, VanAernam, Burt Van I-orn, Ward,Warner, Ellihu follow: B. Washburne, William B. Washburn, Welker, Wentworth, YEAs-Messrs. Allison, Anderson, James M. Ashley, Baler, Williams, James F. FWilson, Stephen F. Wilson, WindomBaldwin, Banks, Baxter, Bea'nan, Benjamin, Bidwell, Bing- 108. lham, Blaine, Boutwell, Brandegee, Bromwell, IBroomall, NAYss —Messrs. Ancona, Bergen, Boyer, Brooks, Coffroth, Buchklatd, Sidney Clarke Co, Cob, oob,Coling Cook ullom Dawson, Delano, BDezison, Eldridge, Fincck, Glossbrenner, TBucklaft, Sipdnp y Cl-ninarke, Coonellv n B Clolk, Cullom, Goodyear, Grider, Robert S. Hale, Hogan, Edwin Hubbell, Dawes, Defrsee, Deming, Donnelly, Driggs, Eclkley Ep-les- Goodyea, G? ide, Robert 8. Hale, iogam, Edcin iV flobbel, ton, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell,.TamceS?1. IlonsPhi e I esr, Lathans, ic salct, lcC'ielzrgh, Griswold. Abner C. Ilarding, Hart, Hayes, Henlerson, Newell, Niblack, Nicholson, Noell, Phelps, iaford, Rtter, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard,.Rogers, Ross, Rousseau, Shanclin, Sitgreaves, Strouse, Taber, Chester D. Hubbard, Demas Hubbard,jr., John I-I. I-bbard, Taylor, rimble, Whaley-38. Jam-esB R. Hubbell, HIulburd, Ingersoll, Jenckes, Julian-, Maroh 2-The SENATE passed the resolutionKelley, Kelso, Ketcham, Lafliu, George V. Lawrence, Wil- na as f w liam Lawrence, Loan, Longyear, Lynch, Marston, McClurg, yeas 29, nays 18, follow: McIndoe, McKee, McRuer, lercur, Moorhead, Morrill, YEAS-~Mlessrs. Anthony, Br.own, Chandler, Clark, ConMorris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, ness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, Henderson, Howe, Kirkwood, Lane of Indiana, Morrill, Nye, John I-I. Rice, Sawyer, Schenck, Scofield, Shellabarger, Poland, Pomeroy, Ramsey, Sherman, Sprague, Sumner,'Sloan,. Spalding, Starr, Stevens, Thayer, John L. Thomas, Trumbull, Wade, Willey, Williams, Wilson, Yates-29. jr., Trowbridge, Upson, Van Aernam, Burt Van H-orn, NAYs-Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle, Ward, Warner, Ellihu B.Washburne, William B. Washburn, Guthrie, Hendricks, Johnson, Lane of Kansas, leDougall, Welker, Wentworth, Williams, James F. Wilson, Stephen Morgan, Nesmith, Norton, Riddle, Saulssbury, teswart F. Wilson, Windom, Woodbridge-109. Stockton, aYn Winkle-18. VETOES AND VOTES. 73 bureau for the relief of freedmen and refugees, Florida, Mississippi, Alabama, Louisiana, and approved March three, eighteen hundred and Arkansas, not exceeding in all three millions of sixty-five, shall continue in force until otherwise acres of good land; and the commissioner, under provided by law, and shall extend to refugees the direction of the President, shall cause the and freedmen in all parts of the United States; same from time to time to be allotted and asand the President may divide the section of coun- signed, in parcels not exceeding forty acres each, try containing such refugees and freedmen into to the loyal refugees and freedmen, who shall be districts, each containing one or more States, protected in the use and enjoyment thereof for not to exceed twelve in number, and, by and such term of time and at such annual rent as with the advice and consent of the Senate, ap- may be agreed on between the commissioner and point an assistant commissioner for each of said such refugees or freedmen. The rental shall be districts, who shall give like' bond, receive the based upon a valuation of the land, to be ascercompensation, and perform the duties prescribed tained in such manner as the commissioner may, by this and the act to which this is an amend- under the direction of the President, by regulation ment; or said bureau may, in the discretion of prescribe. At the end of such term, or sooner, the President, be placed under a commissioner if the commissioner shall assent thereto, the and assistant commissioners, to be detailed from occupants of any parcels so assigned, their heirs the army; in which event each officer so assigned and assigns, may purchase the land and receive to duty shall serve without increase of pay or a title thereto from the United States in fee, upon allowances. paying therefor the value of the land ascertained SEo. 2. That the commissioner, with the ap- as aforesaid. proval of the President, and when the same SEC.,5. That the occupants of land under shall be necessary for the operations of the bu- Major General Sherman's special field order, reau, may divide each district into a number of dated at Savannah, January sixteen, eighteen sub-districts, not to exceed the number of coun- hundred and sixty-five, are hereby confirmed in ties or parishes in such district, and shall assign their possession for the' period of three years to each sub-district at least one agent, either a from the date of said order, and no person shall citizen, officer of the army, or enlisted man, be disturbed in or ousted from said possession who, if an officer, shall serve without additional during said three years, unless a settlement shall compensation or allowance, and if a citizen or be made with said occupant, by the former enlisted man, shall receive-a salary of not less owner, his heirs or assigns, satisfactory to the than five hundred dollars nor more than twelve comfiissioner of the Freedmen's Bureau: Prohundred dollars annually, according to the ser- vided, That whenever the former owners of lands vices rendered, in full compensation for such occupied under General Sherman's field order services; and such agent shall, before entering shall make application for restoration of said on the duties of his office, take the oath pre- lands, the commissioner is hereby authorized, scribed in the first section of the act to which upon the agreement and with the written conthis is an amendment. And the commissioner sent of said occupants, to procure other, lands may, when the same shall be necessary, assign for them by rent or purchase, not exceeding forty to each assistant commissioner not exceeding acres for each occupant, upon the terms and conthree clerks, and to each of said agents one ditions named in section four of this act, or to clerk, at an annual salary not exceeding one set apart for them, out of the public lands asthousand dollars each, provided suitable clerks signed for that purpose in section four of this cannot be detailed from the army. And the act, forty acres each, upon the same terms and President of the United States, through the War conditions. Department and the commissioner, shall extend SXc. 6. That the commissioner shall, under the military jurisdiction and protection over all em- direction of the President, procure in the name ployes, agents, and officers of this bureau in the of the United States, by grant or purchase, such exercise of the duties imposed or authorized by dands within the districts aforesaid as may be this act or the act to which this is additional. required for refugees and freedmen dependent on SEc. 3. That the Secretary of War may direct the Government for support; and he shall prosuch issues of provisions, clothing, fuel, and vide or cause to be erected suitable buildings for other supplies, including medical stores and asylums and schools. But no such purchase' transportation, and afford such aid, medical or shall be made, nor contract for the same entered otherwise, as he may deem needful for the im- into, nor other expense incurred, until after apmediate and temporary shelter and supply of propriations shall have been provided by Condestitute and suffering refugees and freedmen, gress for such purposes. And no payment shall their wives and children, under such rules and be made for.lands purchased under this section, regulations as he may direct: Provided, That except for asylums and schools, from any moneys no person shall be deemed " destitute," "suffer- not specifically appropriated therefor. And the ing," or " dependent upon the Government for commissioner shall cause such lands from time support," within the meaning of this act, who, to time to be valued, allotted, assigned, and sold being able to find employment, could by proper in manner and form provided in the fourth secindustry and exertion avoid such destitution, tion of this act, at a price not less than the cost suffering, or dependence. thereof to the United States. SEO. 4. That the President is hereby author- SEc. 7. Thatwhenever in any State.or district ized to reserve from sale, or from settlement, in which the ordinary course of judicial prounder the homestead orpre-emption laws, and to ceedings has been interrupted by the rebellion, set apart for the use of freedmen and loyal refu- and wherein, in consequence of any State or gees, male or female, unoccupied public lands in local law, ordinance, police or other regulation, 74 FPOLITICAL MANUAL, custom, ol prejudice, any of the civil rights or Toster, Grimes, Harris, Henderson, Howard, Howe, Kirkimmunities belonoing to *~white persons, inclu- wood, Lane of Indiana, Lane of Kansas, Morgan, Morrill, di elngthe ri't tomak e adefre cont cs, to. -nNorton, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, ding thle right to make and enforce contracts, to Stewart. Sumner, Trumbull, Van Winkle, Wade, Williams, sue, be parties, and give evidence, to inherit, Wilson,Yates-37. ^^^rp^Qc^ lQ o 1M iNAYs-Messrs. Buckcaew, Davis, Guthrie, tendricks, purchase, lease, sell, hold and convey real and NAson,-McDougaiessr R te, Sauis, GStocho, enricghks,ohn-son, BcDouyalTl Riddle, Saulsbury, Stockton, _Wriaht — personal property, and to have full and equal i.o. benefit of all laws and proceedings for the IN HousE. security of person Ind estate, including the February 6-The bill passed-yeas 137, nays constitutional right cf bearing arms, are refused 33 as follow: or denied to negroes, mulattoes, freedmen, refu- YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R. gees, or any other persons, on accou.t of race, Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, color, or any previous condition of slavery or Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, involuntary servitude, or wherein they or anyde-ecl l-ell l,Boom ndy, der in volnaW. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, of them are subjected to any other or different Darlin-, Davis, Dawes, Defroes, Delano, Deming, Dixon, punishment, pains,.or penalties, for the commis- Donnelly, Driggs, Dunont, Eckley, Eggleston, Eliot, Farnssion of any act or offence than are prescribed, rl' Perr Grfiel Giell iwold, ale, Abneur. I-larding, Iart, Hayes, lenderson, Higby, Hill, for white persons committing like acts or often- Holmes, Iooper, Hotchkiss, Asahel W. llubbard, Chester ces, it shall be the duty of the President of thq D. Hubbard, Demas HIubbard, John I-I. lubbardc, James R. United States, through the commissioner, to e oe en, Jnited Statesr though tle commissioner, to ex- HIubbell, iJames Humplhrey, Inge:soll, Jenckes, Julian, Iasson, Kelley, Kelso, Ketcham, IRuykendall, Lafiin, Latham, tend military protection and jurisdiction over Geore V. Lawrence, William Lawrence, Loan, Longyear, all cases affecting such persons so discriminated Lyn;h, IMarlston, aMarvin, McClurg, Mclndo, e, leKee ~ll cain ~set n ucpesn i. so McRuer, MIelcur, Miller, Moorhead, Morrill, Morris, Moulagainst. ton, MIyes, Newell, O'Neill, Orth, Paine, latterson, Perham, SEc. 8. That any person who, under color of Phelps, Pike, Plants, Pomeroy, Price, eWilliam II. Randall, any State or local law, ordinance, police, or other Raynsold, Alexander H. Fice, John H. Rice, Rollins, Sawyet, Schenck, Scofield, Shellabarger, Sloan, Smith, Spaldregulation or custom, shall, in any State or dis- e, St, Soteesl, StelilTharer, rloan, Somth, Spal ilug, Staerr Stevens, Stilwell, Tihayer, Francis Thomas, John trict in which the ordinary course of judicial L. Thomas, Trowbridge, Upson,VanAernami, Burt Van Horn, proceedings has been interrupted by the rebel- Iobert 1. Van Iorn, AV ard, Warner, Ellihu nB. Washburne, William B. Washburn, Welker, Yventworth, Whaley, Willion, subject, or cause to be subjected, any negro, liams, James F. W'ilson Stephen F. Wilson, Windom, Woodmulatto, freedman, refugee, or other person, on bridge-137. account of race or color, or any previous con- IN^ — 3lessrs. Boyer, Brooks, Chancle, Dawvson, Elcdriice, dition of slavery or involuntary servitude, or Finck, Gleossbenues, Gdes, dAaron Hardling,. iarris, Hodition of slaveyo nvoluntary servitde, gan, Edwzn M. lHubbell, James Ml. Humphrey, Kerr, Le Blond, for any other cause, to the deprivation of any Marsshall, IcCulclough, N iblac7c, N7icholson,, Noell, Samuel civil right secured to white persons, or to any J. r0dlll, ities, Roges, Ross, Roussea, Slanklen, Sitgreaves, Sgrouse, Taber, Taylor, Thornton, Trle, other or different punishment than white per- wrights,3e, Tabe, Tyl, o.nto, ible, sons are subject to for the commission of like acts or offences, shall be deemed guilty of a Febru y In Senate, tlhe objectons ossin misdemeanor, and be punished by fine not ex-, ntwtta ing te o ts of ceeding one thousand dollars, or imprisonment President, was-yeas 30, nays 18, as follow: not exceedin one year, or both; and it shall be -YEAS -Messrs. Anthony, Brown, Chandler, Clark, Conness, not exceeding one year, or boith; and it shall be CraginC, Creswell, Fessenden, Foster, Grimes,, -oaris, Henthe duty of the officers and agents of this bu- derson,.Howard, Howe, Iirkwood, Lane of Indiana, Lane reau to take jurisdiction of, and hear and deter- of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, Sher- man, Sprague, Sumner, Trumbull, Wade; Williams, Wilson, mine all offences committed against the provi- YaLt p, r, Trumbll, W Wi s,Wilson, sions of this section, and also of all cases affect- NAYs —Messrs. Buc7Lalew, Cowan, Davis, Dixon, Doolittle, ing negroes, mulattoes,' freedmen, refugees, or Guthrie, Heedriccs, Johnson, McDougall, Morgan, Neseith, other persons who are discriminated against in oltol, Saulsbuy, Stewart, ockt Von Winkle, any of the particulars mentioned in the preceany of the particulars mentioned in the prece- Two-thirds not having voted therefor, the bill ding section of this act, under such rules and f iled regulations as the President of the United States, faile. through the War Depalrtment, shall prescribe. Veto of the Civil Rights Bill, March 27, 1866. The jurisdiction conferred by this and the pre- To the Senate of the United States: ceding section on the officers and agents of this I regret that the bill which has passed both bureau shall cease and determine whenever the -ose of Congress, entitled " n act to protect -discrimination on account of which it is con- all persons in the United States in their civil ferred ceases, and in no event to be exercised in ri s, ad furish te meas of their vindicaany State in which the ordinary course of judi- ton, contains provisions which I cannot ap cial proceedings has ndtbeen interrupted by the prove, consistently with my sense of duty to the rebellion, nor in any such State after said State whole people, and my obligations to the Constishall have been fully restored in all its constitu- tution of the United States. I am therefore contional relations to the United States, and the strained to return it to the Senate, the house in courts of the State and of the United States which it originated, with my objections to its within the same are not disturbed or stopped in becoming a law. the peaceable course of justice. By the first section of the bill all persons born SEC. 9. That all acts, or parts of acts, incon- in the United Sta.es, and not subject to any forsistent with the provisions of this act, are here- eign power,excluding Indiansnot taxed, are deby repealed. cared to be citizens of the United States. This The votes on passing this bill were: sprovision comprehends the Chinese of the PaIN SENXATE. cific States, Indians subject to taxation, the peo1866, January 25~-The bill passed-yeas 37, ple called Gipsies, as well as the entire race desnays 10, as follow: ignated as blacks, people of color, negroes, muYEAS —Iessrs. Antlhony, Brown, Chandler, Clark, Con- lattoes, and persons of African blood. Every ness, Cragin, Creswell, Dixon, Doolittle, Fessenden, Foot, individual of these races, born in the United VETOES AND VOTES. 75 States, is by the bill made a citizen of the United land their home, must undergo a probation of five States. It does not purport to declare or confer years, and can only then become citizens upon any other right of citizenship than federal citi- proof that they are "of good moral character, zenship. It does notpurportto give these classes attached to the principles of the Constitution of of persons any status as citizens of. States, ex- the United States, and well disposed to the good cept that which may result from their status as order and happiness of the same." citizens of the United States. The power to con- The first section of the bill also contains an fer the right of State citizenship is just as ex- enumeration of the rights to be enjoyed by these clusively with the several States as the power to classes, so made citizens, "in every State and confer the right of federal citizenship' is with Territory in the United States." These rights Congress. are, "to make and enforce contracts, to sue, be The right of federal citizenship thus to be con- parties, and give evidence; to inherit, purchase, ferred on the several excepted races before men- lease, sell, hold, and convey real and personal tioned, is now, for the first time, proposed to be property;" and to have "'full and equal benefit of given ly law. If, as is claimed by many, all alllaws and proceedings for the security ofperson' personswhoarenative-born already are, byvirtue and property as is enjoyed by white citizens." of the Constitution, citizens of the United States, So, too, they are made subject to the same punishthe passage of the pending bill cannot be neces- ments, pains, and penalties in common with white sary to make them. such. If, on the otherhand, citizens, and to none other. Thus a perfect such persons are not citizens, as may be assumed equality of the white and colored races is atfrom the proposed legislation to make them such, tempted to be fixed by federal law in every State the grave question presents itself, whether, when of the Union, over the vast field of State j urisdiceleven of the thirty-six States are unrepresented tion covered by these enumerated rights. In no in Congress at the present time, it is sound policy one of these can any State ever exercise any to make our entire colored population and all power of discrimination between the different other excepted classes citizens of the United races. In the exercise of State policy over matStates? Four millions of them have just tersexclusively affecting the people of each State, emerged from slavery into freedom. Can it be it has frequently been thought expedient to disreasonably supposed that they possess therequi- criminate between the two races. By the statsite qualifications to entitle them to all the priv- utes of some of the States, northern well as southileges and immunities of citizens of the United ren, it is enacted, for instance, that no white States? Have the people of the several States person shall intermarry with a negro or mulatto. expressed such a conviction? It may also be Chancellor Kent says, speaking of the blacks, that asked whether it is necessary that they should " marriages between them and the whites are forbe declared citizens, in order that they. may be bidden in some of the States where slavery does secured in the enjoyment of the civil rights pro- not exist, and they are prohibited in all the slaveposed to be conferred by the bill? Those rights holding States; and when not absolutely contrary are, by federal as well as State laws, secured to to law, they are revolting, and regarded as an all domiciled aliens and foreigners, even before offence against public decorum." the completion of the process of naturalization; I do not say that this bill repeals State laws and it may safely be assumed that the same on the subject of marriage between the two races; enactments are sufficientto give like protection for, as the whites are forbidden to intermarry and benefits to those for whom this bill provides with the blacks, the blacks can only make such special legislation. Besides, the policy of the contracts as the whites themselves are allowed to Government, from its origin to the present time, make, and therefore connot, under this bill, enter seems to have been that persons who are stran- into the marriage contract with the whites. I gers to and unfamiliar with our institutions and cite this discrimination, however,. as an instance our laws should pass through a certain proba- of the State policy as to discrimination, and to intion, at the end of which, before attaining the quire whether, if Congress can abrogate all State coveted prize, they must give evidence of their laws of discrimination between the two races in fitness to receive and to exercise the rights of cit- the matter of real estate, of suits, and of contracts izens, as contemplated by the Constitution of the generally, Congress may not also repeal the State United States. The bill, in effect, proposes a laws as to the contract of marriage between discrimination against large numbers of intelli- the two races? Hitherto every subject embraced gent, worthy, and patriotic foreigners, and in in the enumeration of rights contained in this favor of the negro,' to whom, after long years of bill has been considered as exclusively belonging bondage, the avenues to freedom and intelligence to the States. They all relate to the internal have just now been suddenly opened. He must, police and economy of the respective States. They of necessity, from his previous unfortunate con- are matters which in each State concern the dodition'of servitude, be less informed as to the mestic condition of its people, varying in each nature and character of our institutions than he according to its own peculiar circumstances and who, coming from abroad, has.to some extent, the safety and well-being of its own citizens. I at least, familiarized himself with the principles do not mean to say that upon all these subjects of a government to which he voluntarily in- there are not federal restraints-as, for instance, trusts "life, liberty, and the pursuit of happi- in the State power of legislation over contracts, ness." Yet it is now proposed, by a single leg- there is a federal limitation that no State shall islative enactment, to confer the rights of citi- pass a law impairing the obligations of contracts; zens upon all persons of African descent born and, as to crimes, that no State shall pass an en within the extended limits of the United States, post facto law; and, as to money, that no State. while persons of foreign birth, who make our shall make anything but gold and silver a legal POLITICAL MANUAL. tender. But where can we find a federalprohi- imprisonment for tni performance of the luties bition against the power of any State to discrimi- which such State laws might impose. The legnate, as do most of them, between aliens and islation thus proposed invades the judicialpower citizens, between artificial persons called corpora- of the State. It says to every State court or. tions and natural persons, in the right to hold judge, if you decide that this act is unconstitureal estate? If it be granted that Congress can tional; if you refuse, under the prohibition of a repeal all State laws discriminating between State law, to allow a negro to testify; if you whites and blacks in the subjects covered bythis hold that over such a subject-matter the State bill, why, it may be asked, may not Congress re- law is paramount, and " under color" of a State peal, in the same way, all State laws discrimi- law refuse the exercise of the right to the negro, nating between the two races on the subjects of your error of judgment, however conscientious, suffrage and office? If. Congress can declare by shall subject you to fine and imprisonment! I law who shall hold lands, who shall testify, who do not apprehend that the conflicting legislation shall have capacity to make a contract in a State, which the bill seems to contemplate is so likely then Congress can by law also declare who, to occur as to r6nder it necessary at this time to without regard to color or race, shall have the adopt a measure of such doubtful constitutionright to sit as a juror or as a judge, to hold any ality. office, and, finally, to vote, "in every State and In the next place, this provision of the bill Territory of the United States." Asrespects the seems to be unnecessary, as adequate judicial Territories, they come within the power of Con- remedies could be adopted to secure the desired gress, for as to them the law-making power is the end, without invading the immunities of legisfederal power; but as to the States no similar lators, always important to be preserved in the provision exists vesting in Congress the power interest of public liberty; without assailing the "to make rules and regulations " for them. independence of the judiciary, always essential The object of the second section of the bill is to the preservation of individual rights; and o afford discriminating protection to colored without impairing the efficiency of ministerial persons in the full enjoyment of all the rights officers, always necessary for the maintenance of securedtothemrby theprecedingsection. Itde- public peace and order. The remedy proposed dares "that any person who, under color of by this section seems to be, in this respect, not any law, statute, ordinance, regulation, or cus- only anomalous, bdt unconstitutional; for the tom, shall subject, or cause to be subjected, any Constitution guarantees nothing with certainty inhabitant of any State or Territory to the de- if it does not insure to the several States the privation of any right ecured or protect rightecight of making and executing laws in regard this act, or to different punishment, pains, or to all matters arising within their jurisdiction, penalties, on account of such person having at subject only to the restriction that, in cases of any time been held in a condition of slavery or conflict with the Constitution and constitutional involuntary servitude, except as a punishment laws of the United States, the latter should be for crime, whereof the party shall have been duly held to be the supreme law of the land. convicted, or by reason of his color or race, than The third section gives the district courts of is prescribed for the punishment of white per- the United States exclusive " cognizance of all sons, shall be deemed guilty of a misdemeanor, crimes and offences committed against the proand, on conviction, shall be punished by a fine visions of this act," and concurrent jurisdiction not exceeding one thousand dollars, or impris- with the circuit courts of the United States of onment not exceeding one year, or both, in the all civil and criminal cases " affecting persons discretion of the court." This section seems to who are denied, or cannot enforce in the courts be designed to apply to some existing or future or judicial tribunals of the State or locality law of a State or Territory which may conflict where they may be, any of the rights secured to with the provisions of the bill now under con- them by the first section." The construction sideration. It provides for counteracting such which I have given to the second section is forbidden legislation by imposing fine and im- strengthened by this third section, for it makes prisonment upon the legislators who may pass clear what kind of denial or deprivation of the such conflicting laws, or upon the officers or rights secured by the first section was in contgents who shall put or attempt to put them into templation. It is a denial or deprivation of sudh execution. It means an official offence-not a rights " in the courts or judicial tribunals of the common crime committed against law upon the State." It stands, therefore, clear of doubt that persons or property of the black race. Such an the offence and the penalties provided in the act may deprive the black man of his property, second section are intended for the State judge, but not of the right to hold property. Itimeans who, in the clear exercise of his functions as a a deprivation of the right itself, either by the judge, not acting ministerially but judicially, State judiciary or the State legislature. It is shall decide contrary to this federal law. In therefore assumed that under this section mem- other words, when a State judge, acting upon a bers of State legislatures who should vote for question involving a conflict between a State law laws conflicting with the provisions of the bill, and a federal law, and bound, according to his that judges of the State courts who should ren- own judgment and responsibility, to give an der judgments in antagonism with its terms, and impartial decision between the two, comes to the that marshals and sheriffs who should, as minis- conclusion that the State law is valid and the teri;l officers, execute processes'sanctioned by federal law is invalid, he must not follow the State laws and issued by State judges in execu- dictates of his own judgment, at the peril of fine tion of their judgments, could be brought before and imprisonment. The legislative department other tribunals, and there subjected to fine and of the Government of the United States thus ETOEJS AND TOTE$S 77 takes firom the judicial department of the States It may be assumed fthat this authority is inthe sacred and exclusive duty of judicial decision, cident to the power granted to Congress by tho and converts the State judge into a mere minis- Constitution, as recently amended, to enforce, terial officer, bound to decide according to the by appropriate legislation, the article declaring will of Congress. that" neither slavery nor involuntary servitude, It is clear that, in States which deny to per- except as a punishment for crime whereof the sons whose rights are secured by the first section party shall have been duly convicted, shall exist of the bill any one of those rights, all criminal within the United States, or any place subject and civil cases affecting them will, by the pro- to their jurisdiction." It cannot, however, be visions of the third section, come under the ex- justly claimed that, with a view to the enforce-' elusive cognizance of the federal tribunals. It ment of this article of the Constitution, there is follows that if, in any State which denies to a at present any necessity for the exercise of all colored person any one of all those rights, that the powers which this bill confers. Slavery has person should commit a crime against the laws been abolished, and at present nowhere exists of a State-munrder, arson, rape, or any other within the jurisdiction of the United States; nor crime all protection and punishment through has there been, nor is it likely there will be, any the courts of the State are taken away, and he attempt to revive it by the people or the States. can only be tried and punished in the- federal If, however, any such attempt shall be made, it courts. oI-w is the.criminal to be tried? If will then become the duty of the General Govthe offence is provided for and punished by fed- ernment to exercise any and all incidental eral law, that law, and not the State law, is to powers necessary and proper to maintain inviogovern. It is only when the offence does not late this great constitutional law of freedom. happen to be within the purview of federal law The fourth section of the bill provides that that the federal courts are to trj and punish offcers and agents of the Freedmen's Bureau him under any other law. Then resort is to be shall be empowered to make arrests, and also had to the "common law, as modified and that other officers may be specially commissioned changed" by State legislation, "so far as the for that purpose by the President of the United same is not inconsistent with the Constitution States. It also-authorizes circuit courts of the and laws of the United States." So that over United States and the superior courts of the this vast domain of crieninal jurisprudence pro- Territories to appoint, without limitation, cornvided by each State for the protection of its own missioners, who are to be charged with the percitizens, and for the punishment of all persons formance of quasi judicial duties. The fifth who violate its criminal laws, federal law, when- section empowers the commissioners so to be ever it can be made to apply, displaces State law. selected by the courts to appoint in writing, The question here naturally arises, from what under their hands, one or more suitable persons source Congress derives the power to transfer to from time to time to execute warrants and other federaltribunals certain classes of cases embraced processes described by the bill. These numerous in this section? The Constitution expressly de- official agents are made to constitute a sort of dares that the judicial power of the United police, in addition to the military, and are auStates "shhll extend to all cases in law and thorized to summon a posse comitctus, and even equity arising under this Constitution, the laws to call to their aid such portion of the land and of the United States, and treaties made, or which naval forces of the United States, or of the milishall be:made under their authority; to all cases tia, " as may be necessary to the performance of affecting ambassadors, other public ministers and the duty with which they are charged." This consuls; to all cases of admiralty and maritime extraordinary power is to be conferred upon jurisdiction; to controversies to which the agents irresponsible to the Government and to United States shall be a party; to controversies the people, to whose number the discretion of between two or more States, between a State the commissioners is the only limit, and in whose and citizens of another State, between citizens hands such authority might be made a terrible of different States, between citizens of the same engine of wrong, oppression, and fraud.,The State claiming land under grants of different general statutes regulating the land and naval States, and between a State, or the citizens there- forces of the United States, the militia, and the of, and foreign States, citizens, or subjects,"'execution of the laws, are believed tb be adeHere the judicial power of the United States is quate for every emergency which can occur in expressly set forth and defined; and the act of time of peace. If it should prove otherwise, September 24, 1789, establishing the judicial Congress can at any time amend those laws in courts of the United States, in conferring upon such a manner as, while subserving the public the federal courts jurisdiction over cases origi- welfare, not to jeopard the rights, interests, and' nating in State tribunals, is careful to confine liberties of the people. them to the classes enumerated in the above- The seventh section provides that a fee of ten recited clause of the Constitution. This section dollars shall be paid to each commissioner in of the bill undoubtedly comprehends cases and every case brought before him, and a fee of five authorizes the exercise of powers that are not, dollars to his deputy, or deputies, "for each perby the'Constitution, within the jurisdiction of son he or they may arrest and take' before any the courts of the United States. To transfer such commissioner," "with such other fees as them to those courts would be an exercise of may be deemed reasonable by such commission," authority well calculated to excite distrust and "in general for performing such otlier duties as alarm on the part of all the States; for the bill may be required in the premises." All these applies alike to all of them-as well to those fees are to be "paid out of the Treasury of the that have as to those that have not been engaged United States," whether there is a conviction or in rebellion. not; but in case of conviction they are to be 8 POLITICAL MANUAL. recoverable from the defendant. It seems to State-an absorption and asstunption of poa-ver me that under the influence of such temptations by the General Government which, if acquiesced bad men might convert any law, however bene- in, must sap and destroy our federative system ficent, into an instrument of persecution -and of limited powers, and break down the barriers fraud. which preserve the rights of. the States. It is By the eighth section of the bill the United another step, or rather stride, to'wards centralStates,courts, which sit only in one place for ization, and. the concentration of all legislative white citizens, must migrate, with the marshal powers in the national Government. The tenand district attorney, (and necessarily with the dency of the bill must be to resuscitate the clerk,'although he is not mentioned,) to any spirit of rebellion, and to arrest the progress part of the district upon the order of the Presi- of those influences which are more closely drawdent, and there hold a court "for the purpose ing around the States the bonds of union and of the more speedy arrest and trial of persons peace. charged with a violation of this act;" and there My lamented predecessor, in his proclamation the judge and officers of the court must remain, of the 1st of January, 1863, ordered and deupon the order of the'President, "for the time clared that all persons held as slaves within therein designated." certain States and parts of States therein desigThe ninth section authorizes the President, or nated were, and thenceforward should be free, such person as he may empower for that pur- and, further, that the exechtive government of pose, "to employ such part of the land or naval the United States, including the military and forces of. the United States or of the militia as naval authorities thereof, would recognize and' shall be necessary to prevent the violation and maintain the freedom of such persons. This enforce to due execution of this act." This gnarantee has been rendered especially obligalanguage seems to imply a permanent military tory and sacred by the amendment of the Conforce, that is to be always at hand, and whose'stitution abolishing slavery throughout the only business is to be the enforcement of this United States. I, therefore, fully recognize the measure over the vast region where it is intended obligation to protect and defend that class of to operate. our people, whenever and wherever it shall I do not propose to consider the policy of this become necessary, and tp the full extent cornbill. To me the details of the bill seem fraught patible with the Constitution of the United with evil. The white ra^o and the black race States. of the South ha;ve hitherto lived together under Entertaining these sentiments, it only rethe relation of master ar.d slave-capital own- mains for me to say, that I will cheerfully co-oping labor. Now, sudcrinly,; that relation is erate with Congress in any measure that may changed, and, as to ownership, capital and be necessary for the protection of the civil rights labor are divorced. Thly stand now each mas- of the freedmen, as well as those of all other ter of itself. In thir new relation, one being classes of persons throughout the United States, necessary to the other, theie will be a new ad- by judicial process, under equal anc! impartial justment, which,both are deeply interested in laws, in cc'iformity with the provisions of the nmaking harmoniouJ. Each has equal power in Federal Constitution. settling the terms, and, if left to the laws that I now return the bill to the Senate, and reregulate capital and labor, it is confidently be- gret that, in considering the bills ard joint lieved that they will satisfactorily.work out the resolutions-forty-two in number-L-which hLave problem. Capitl, it is true, has more inteili- been thus far submitted for my approval, I am gence, but lahor is never so ignorant as not to compelled to withhold my assent from a second understand its own interests, not to know its measure that has received the sanction of both own value, and not to see that capital must pay Houses of Congress. that value. ANDrEw Joeisos. This bill frustrates this adjustment. It inter- WASHINGTON, D. C., Mvfarch 27, 1866. venes between capital and. labor, and attempts to settle questions of political economy through Copy of the Bill Vetoed. the agency of numerous officials, whose interest AN ACT to protect all persons in the United it will be to foment discord between the two States in their civil rights, and furnish the races; for as the breach widens their employment means of their vindication. ill continue,- and when it is closed their occu- Be it enacted, &c., That all persons born in pation will terminate. the United States and not subject to any foreign In all our history, in all our experience as a power, excluding Indians, not taxed, are hereby people, living under federal and State law, no declared to be citizens of the United States; such system as that contemplated by the details and such citizens of every race and color, withof this bill has ever before been proposed or out regard to any previous condition of slavery adopted. They establish for the security. of the or involuntary servitude, except as a punishcolored race safeguards which go infinitely be- ment for crime whereof the party shall have been yond any that.th-General Governmenthas ever duly convicted, shall have the same right in provided for the white race. In fact, the dis- every State and Territory in the United States to tinction of race and color is, by the bill, made to make and enforce contracts; to sue, be parties, operate in favor of the colored and against the and give evidence; to inherit,, purchase, lease, white race. They interfere with the municipal sell, hold, and convey real and personal property; legislation of the States, with the relations and to full and equal benefit of all laws and existing exclusively between a State and its proceedings for the security of person atnd propcitizens, or between inhabitants of the same erty as is enjoyed by white citizens, and "shall YETOES AND YOTES, 79 be subject to like punishment, pains, and penal- territorial courts of the United States, with powties, and to none other, any law, statute ordi- ers of arresting. imprisoning, or bailing offenders nance, regulation, or custom, to the contrary against the laws of the United States, the officers notwithstanding. and agents of the Freedmen's Bureau, and every SEC. 2. That any person who, under color of other officer who may be specially empowered any law, statute, ordinance, regulation, or by the President of the United States, shall be, custom, shall subject, or cause to be subjected, and they are hereby, specially authorized and any inhabitant of any State or Territory to the required, at the expense of the United States, to deprivation of any right secured or protected institute proceedings against all and every perby this act, or to different punishment, pains, or son who shall violate the provisions of this act, penalties on account of such person having at and cause him or them to be arrested and imany time been held in a condition of slavery or prisoned, or bailed, as the case may be, for trial involuntary servitude, except as a punishment before such court of the United States or terrifor crime whereof the-party shall have been torial court as by this act has cognizance of the duly.convicted, or by reason of his color or offence. And with a view to affording reasonrace, than is'prescribed for the punishment of able.protection' to all persons in their constituwhite persons, shall be deemed guilty of a mis- tional rights of equality before the law, without' demeanor, and, on conviction, shall be punished distinction of race or color, or previous condiby fine not exceeding one thousand dollars, or tion of sla.very or involuntary servitude, except imprisonment not exceeding one year, or both, as a punishment for crime, whereof the party in the discretion of the court. shall have been duly convicted, and to the prompt SEC. 3. That the district courts of the United discharge of the duties of this act, it shall be the States, within their respective districts, shall duty of the circuit courts of the United States have, exclusively of the courts of the several and the superior courts of the Territories of the States, cognizance of all crimes and offences United States, from time to time, to increase the committed aainst the provisions of this act, number of commissioners, so as to affod a speedy and also, concurrently with the circuit courts of and convenient means for the arrest and examithe United States, of all causes, civil and crini- nation of persons charged with a violation of nal, affecting persons who are denied or cannot' this act. And such commissioners are hereby enforce in the courts or judicial tribunals of the authorized and required to exercise and discharge State or locality where they may be any of the all the powers and duties conferred on them by rights secured to them by the first section of this this act, and the same duties with regard to ofact; and if any suit or prosecution, civil or crim- fences created by this act, as they are authorized inal, has been or shall be commenced in any by law to exercise with regard to other offences State court against any such person, for any a.against the laws of the United States. cause whatsoever, or against any officer, civil or SEc. 5. That it shall be the duty of all marmilitary, or other person, for any arrest or im- shals and deputy marshals to obey and execute prisonment, trespasses, or wrongs done or com- all warrants and precepts issued under the promitted by virtue or under color of authority visions of this act, when to them directed; and derived from this act or the act establishing a should any marshal or deputy marshal refuse to bureau for the relief of freedmen and refugees, receive such warrant or other process when tenand all acts amendatory thereof, or for refusing dered, or to use all proper means diligently to to do any nact upon the ground that it would be execute the same, he shlall, on conviction thereof, inconsistent with this act, such defendant shall be fined in the sum of one thousand dollars, to have the right to remove such cause for trial to the use of the person upon whom the accused is the proper district or circuit court in the manner alleged to have committed the offence. And the prescribed by the "Act relating to habeas corpus better to enable the said commissioners to exeaud regulating judicial proceedings in certain cute their duties faithfully and efficiently, in cases," approved Mlarch three, eighteen hundred conformity with the Consitiution of the United and sixty-three, and all acts amendatory thereof. States and the requirements of this act, they are The jurisdiction in civil and criminal matters hereby authorized and empowaered,.within their hereby conferred on the district and circuit courts counties respectively, to appoint, in writing, of the United States shall be exercised and en- -under their hands, any one or more suitable perforced in conformity with the laws of the United sons, from time to time, to execute all such warStates, so far as such laws are.suitable to carry rants and oither process that may be issued by the same into effect; but in all cases where such them in the lawful performsance of their respect. laws are not. adapted to the object, or are defi- ive duties; and the persons so appointed to execient in the provisions necessary, to furnish suit- cute any warrant or process as a:foresaid shall. able remedlies and punish offences agains-t law, have authority to suLmon and call to thei.r aid the common law, as modified and changed by the bystanders or the posse comitatlus of the th:e constitution aand statutetes of the State wherein proper county, or such portion of the land and the court having jurisdiction of the cause, civil naval forces of the United States, or of the milior criminal, is neld, so far as the same is not tia, as may be necessary to the performance of inconsistent with the Constitution and laws of the duty with which they are. charged, and to United States, shall be extended to and govern insure a faithful observance of the clause of the said courts in tthe trial and disposition of such Constitution which prohibits slavery, in concause, and, if of a criminal nature, in the inflic- formity with the provisions of this act; asnc said tion of punishment on the party found guilty. warrants shall run and be executed by said SEC. 4. That the district attorneys, marshals, officers anywhere in the State or Terrritory and deputy marshals of the United States, the within which they are issued. commissioners appointted by the circuit court and SEC. 6. That any person who shall knowingly POLITICAL MANUTAL. and wilfully obstruct, hinder or prevent any speedy arrest and trial of persons charged with officer, or other person charged, with the execu- a violation of this act; and it shall be the duty tion of any warrant or process issued under the of every judge or other officer, when any such provisions of this act, or any person or persons requisition shall be received by him, to attend lawfully assisting him or them, from arresting at the place and for the time therein designated. any person for whose apprehension such warrant SEc. 9. That it shall be lawful for the Presior process may have been issued, or shall rescue dent of the United States, or such person as he or attempt to rescue such person from the custody.may empower for that purpose, to employ such of the officer, other person or persons, or those part of the land or naval forces of the United lawfully assisting as aforesaid, when so arrested States, or of the militia, as shall be necessary to pursuant to the authority herein given and de- prevent the violation and enforce the due execlared, or shall aid, abet, or assist any person so cution of this act. arrested as aforesaid, directly or indirectly, to. Sc. 10. That-upon all questions of law arising escape from the custody of the officer or other in any cause under the provisions of this act, a person legally authorized as aforesaid, or shall final appeal may be taken to the Supreme Court harbor or conceal any person for-whose arrest a of the United States. warrant or process shall have been issued as The votes on this bill were: aforesaid, so as to prevent his discovery and 18G6, February 2 The SENATE passed the bill arrest after notice or knowledge of the fact that yeas 33, nays 12, as follow: a warrant has been issued for the apprehension YEAs-: Messrs. Anthony, Brown, Chandler, Clark, Connesa, of such person, shall, for either of said offences' Crasgin, Dixon, fiessenlden,Foot, Foster, Harris, IHenderson, be subject to a fine not exceeding one thousan id Howe Kiikwood, Lne o diana,Laneof Kansas, Morga.n, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, dollars, and imprisonment not exceeding six cSprague, Stewart, Sumner, Trumbull, Wade, Willey, Wilmonths, by indictment and conviction before liams, Wilson,'Yates-33. the district court of the United State. for the NAYs —MiSS1'S, Byckalew, Cowan, Davis, Gutthie,HeedirickCs..lcDozugall, Ycs?nlith, Norton, R'iddle, Saulsbury, Stockdietrict in which said offence may have been ton, Vca.n Wiikle -12. committed, or before the proper court of criminalThe bill being before the I jurisdiction, if committed within any one of the r. E IDGE moved that it lie on the table; organized Territories of the United States. wi d oed to iyeas 32 nays 118 which was disagreed to —yeas 32, nays 118, as SEc. 7. Tihat the district attorneys, the mar- soilow shals, theii deputies, and the clerks of the said district and territorial courts shall be paid fr Dawsn, enson, Eldridge, Glossbrenr, B, CerGoode, Ge deir, Dcrwson, Demeaison, Eldgica, Glossbreemn er, Goodysas, Grider, their services the like fees as may be allowed to A a.aon, Ilarcding, Ilarris, Hogan, Edin e J. ulrsbbell, Kerr, them for similar services in other cases; and in Le Blond, MIarsmhall, Niblac/c, Vicholson, liad/ord,.Ritter, aoogers, Boss, Rousseau, Shazclain, Sitgreaves, Taber, qaylor, all cases where the proceedings are before a a''ereS eoS,RUsseafi d. i, Te,32. commissioner, le shall be entitled to a fee of ten NAYs-lMessrs. Alley, Allison. Ames, Anderson, D. It. Ashdollars in full for his services in each case, inclu- ley, James M. Ashley, Baker, 3aldwin, Banks, Baxter, Boasive of all services incident to such arrest and s B idali, BuinhiSim, S line, obow, oateli mwl, Troohp oll, hpucksrel B n nBny, Sidcney Clarke, Cobb, Conkling, examination. The person or persons authoized, Cullom,Darling-, Davis, efirees, Dclnio, Deming, Dixon, to execute the process to be issued by such COm- Donnelly,Drig, Duoisit, Eliot,FarnsworithFiqullsarh Per~^^01^0^ers fm fth qrrpt nf n ^rq Qinn^ -U yt Gr'inell, Abner C. -lardiln-, IHart, 1Hayes,llenderson, missioners for the arrest of offenders against te iigby, i!l, Ilr s oopr, Asahediw. H Iubbard, ChesterlD. provisions of this act shall be entitled to a. fee luedbiarc, Demias ll l,bbard, jr., John II. Iubbard, Iulburd, of five dollars for each person he or they may I allmes Hlimphrey, Ingersoll, Jenckes, Juan, elley, elso, rrest and te before any such commissioner as ~etrbce uykendi a. I Lawrence, William treat n tbefore, a ys h commissioners LawrenceL, Loan, Longy ear, Lynch, MIarston Marvin, Mc lurg, aforesaid, witln such other fees as may be deemed McKee, MeRuer, Mercur, Miller, Moosrhead, Morrill, Morris, reasonable by such commissioner for such other Moultonr, Myers, 0'Neill, Orth, Paine, Perhain. Phelps, Pike, ~Plants. IPrice, Raymond, Alexander 1. BIice, John H. Rice, additional services as may. be necessarily per- awyer,Sehcnck, Scofield, Shllabager, Sloan, Spaldin formed by him or them, such as attending at the Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., examination, keeping the prisoner in custody, Trowbridge, Upson, a.n Aernam Burr Van Horn, Robert T. Yan Horn, Ward, Warner, Ellihu B. Washh- urme, IIenry D. and providing himN with food and lodgingi du ring'0 -Wasl~drig Fiburi, W'illian 1"' Washburn, Welker, Wentworth, his detention, and until the final determination vhialey, Williams, JamesF. Wilson, Stephen F. Wilson, Winof such commissioner, and in general for per- domn, Woodbidge.r 118. forming such other duties as may be recuired March 13 —The bill passed —yeas 1ll,,nays 38, in the premises; such fees to be made up in con- as follow: formity with the fees usually charged by the Ys — essrs. Alley, Allison, Ames, Anderson, James!/. officers of the courtrs of justice within the proper Ashley, Baker, Baldwin, Banks, Baxter, Beanman, Bidwell, district or count-y, as near as may be practicable, Blaine, Blow, Boutwell, Bromwell, JroomsallBuckland, and pasd out O tIhahe treasory of thoe United r L Buncdy, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Daran paid out of the treasury of the United -sis..Davis,Dat es, Delano, Deming, Dixon, Donnelly, Driggs, States on the certificate of the judge of the dis- Dumont, Eliot, Farinsworth, Farquhar. Fery, Giarfield,Grintrict wvithin which the arrest is made, and to be "ell, Abner C. tiarding, Heart, Hayes iIigby, Iill, iolmes, recoverable- from the defoludant as part of the ooper, Asahel W.Iubbard, Chester B. Hubbard, Domas fslubbarid, John HI. IIrbbard, Hulburd, James IHumphrey, judgment in case of conve.tion. Ingersoll, Jenckes, Julian, uKelley, Kelso, Ketcham, KuySEC. 8. That wheneover the President of the kendall, La.flin, George V. Lawrence, TWilliatm Lawrence, United States shall have re, son to believe that Lean Longysar, Lynch, Marston, Iarvin, McClurg, McRuhae to er, Mecur, Miller, Mioorhead, Morrill, Morris, Moulton, offences have been, or are likely to be conmmitted M'Tlyers, Nowell, O'Neill, Orth, Paine, Perham, Pike, Plants, against the provisions of this aet within any Price, Alexander H. Rice, Sawyer, Schenck, Scofield, ShelC)h'^ol rliQ1r], ^Q~oll'ho~o^~Pn1 ^1^^ ^n^ labarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis judicial district, it shall be lawful for him, in his L e Sl S n tarr, Seens, Thyer, Frcis T!homas, John L. Thomas, Trowbridge, Upson, Van Aernam, discretion, to direct the judge, marshal, and di- But anm Horn, Ward, Warner, Ellihu B. Washburne, Wiltrict attorney of such district to attond at such rlirim B Washburn, Welker, Wentworth, Wlaley, Williams, lace witin tle districtJ and for sch m a es F. Wilson, Stephen F. Wilson, Windom, Woodplac e wi thin the district, and for such time asrs, he may designate, for the purpose of the more NJAYS —Messrs. Ancona, Beryen, Bingham, Boyer, Brooks, VETOES AND VOTES. 81 Cffroth. Dawson, Denison, Glossbrenner, oodyear, ar Gider, the number at from thirty-five thousand to Aaron ZHarcding, Harris, Boygan, Eldwin a. Bubbe7l, Jones, crIiarl ldaisg, h3Toarcisf, hog~anat, E nc~ lo 7~, N u Tbllon, forty thousand souls. The people are princiKerr, Latham, Le Blond, AMarshall, McCulloug/h, Nicholson, Phelps, IRacjird, Scamue7e J. Randall, WYilliam II. Randall, pally recent settlers, many of whom are underlitter, oingers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, stood to be ready for removal to other milingi aber, Taynlor, Yhornltonb, rlmble-, WTelzel38. districts beyond the limits of the Territory, it March 15-The Senate concurred in the House circumstances shall render them more inviting. amendments. Such a population cannot but find relief from March 27-The bill was vetoed. excessive taxation if the territorial system, April 6-The SENATE passed the hill, notwith- which devolves the expenses of the executive, standing the objections of the EPesident, by a legislative, and judicial departments upon the vote of 33 yeas to 15 nays, as follow: United States, is for the present continued, YEAs-Messrs. Anthony, Brown, Chandler, Clark, Con- They cannot but find the security of person and ness, Cragin, Cresavell, Edmunds, Fessenden, Foster,.CGrines. ao, i ell, oward, Ioes, irkod, Laos property increased by their reliance upon the Harris, Ienderson, ioward, Howe, Kirkwood, Lane of Indiana., Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, national executive power for the maintenance Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, of law and order against the disturbances necesWilley, Williss Wilson Yates-. oott, - sarily incident to all newly organized commuNAYs —Messors. Bicksalew, Cowan, Davis, Doolittle, Guthrie, IS'edr'icks, Johnson, Lane of Kansas, lc)Dou/gail, res- nities. mith, Norton, Iiddle, Saulsbury, Van Winkle, Wrigih —15. Second. It is not satisfactorily established April 9-The HousE OF REPRESENTATIVES that a majority of the citizens of Colorado deagain passed it-yeas 122, nays 41, as follow: sire, or are prepared for an exchange of a terriYiAS- Messrs. Alley, Allison, l)elos R. Ashley, James M. torial for a State government. In September, Ashley,:Baker, Baldwin, Banks, Barker, Baxter, Beaman, 1864, under the authority of Congress, an election Benjamin, Bidwlell, Boutwell, Brandegee, Broniwell, Broom- all, Bucldand, Bundy, Reader W. Clarke, Sidney Clarke, lawfully appointed and held, for the purposO Cobb, Colfx, Connling, Cook, Cullom, Darling, Davis, Dawes, of ascertaining the views of the people upon Defrees, Delano, Doming, Dixon, Dodge, Donnelly, Eckley, this particular question. 6,192 votes were cast, E-g'leston,.Eliot,.Farnsworth, Farquhar, -Ferry, Garfield, Grimolelo, lGrisworl, FarquHa, F A e r, arfesl, Iy and of this number a majority of 3,152 was Grinnell, Grisuwold, sHale, Abner C. H.ardissg, Hart, IHasyes, -Henderson, Iisby, Hill, Iolmes, looper, I-otchkiss. Asahel given against the proposed change. In SepW. lHubbard, Chester D. Hubbard, John H. Iubbard, James tember, 1865, without any legal authority the R. Hubbell, Iuul1rurd, James Humplirey, Ilgersoll, Jenckes, qu ion ws in ps te peope of hasson, Killey, Kelso, Ketcham, Laflin, Ceorge V. Law- question was again presented to the people of rence, William Lawrence, Loan, Longyear, Ly-nchl, Marston, the Territory, with a view of obtaining a reconIMarvin, McClurg, lIcIndoe, McKee, MIcRuer, ercour, Mil- sideration of the result of the election held in ler. Moorhead, Morrill, Iorris, Moulton,'Myers, Newell, a f C re O Neill, Orth, Paine, Patterson, Perham, Pike, Pllnts,Pr compliance with the act of Congress approved eroy, Price, Alexander H I. Rice, John II. Rice, Rollins, March 21, 1864. At this second election 5,905 Sawyer, Schiock, Scofield, Shellabarger, Spalding, Starr, votes were polled and a majority of 155 was Stevens, Thayer, Francis Thomas, John L. Thomas', Trow- o iven in a tate ornization. It do bridge, Upson, Van Aernaml, Burt Van Horn, Rlobert T. en i favor o a e organization. It does Van Horn, Wrd, W, llihu B. Wasliburne, Henry D. AWash- not seem to me entirely safe to receive this, the burn, William B. Washburn, Wlkeir, Werntworth, James last mentioned result, so irregularly obtained, F.'Wilso, Stephen F, Wilson, Windom, Woocldbridge.-12'2. aStS fficient to outweigh the one which had been NAys-MessrS.. Aheaose, Ber en,, Boyer, Cs Bacooth, Dawson, uie t Denison, Eldrid-/l, _inck, Glossbrensner, Aaronz iHardinlg, legally obtained in. the first election. RegularHarris, siogan., Edwin. HIubbe7l, JamT.es e Hunt).phrey, ity and conformity to law are essential to the LathamL, Le lolad, Mcshall, MicCuzllouzgh, JNiblatcl, Ancchol- soat, oe1, Phelps, asd/ordl, Samuel J. lRoncgllal, oVillianl preservation of order and stable government, HI. Rancdll, Iaymond, Ritter, Rogers, Ross, Rousseau, and should, as far as practicable, always be Shanklin, Sitgr-ea-vs, Smith, Strouse, Taber, TLtylor, horns- observed in the formation of new States. toss, Tinsble, YWhaley, YWisfeeld, Iriglht.-1. Third. Thle admission of Colorado, a.t this Whereupn)on the Speaker of the House declared ^time, as a State into the federal Union, appears the bill a law. to me to be incompatible with the public inter~oof the Celosado Bill ny 1 1 ests of the country. While it is desirable that Veto of th. oloado Bill, a 5, 186, territories, when sufficiently matured, should be To the Senate of the United States: organized as States, yet the spirit of the ConstiI return to the Senate, in which house it tution seems to require that there should be an originated, the bill which has passed both Houses approximation towards equality among the sevof Congress, entitled " An act for the admission eral States comprising the Union. No State can of the State of Colorado into the Union," with have less or more than two Senators in Congress..my objections to its becoming a law at this time. The largest State has a population of four milffirst. From the best information which I lions; several of the States have a population have been able to obtain, I do not consider the exceeding two millions; and many others have establishment of a State government at present a population exceeding one million. A populanecessary for the welfare of the people of Colo- tion of 127,000 is the ratio of apportionment rado. Under the existing Territorial govern- of representatives among the several States. ment all the rights, privileges, and interests of If this bill should become a law, the people the citizens are protected and secured. The of Colorado, thirty thousand in number, would qualified voters choose their own legislators and have in the House of Representatives one memtheir own local officers, and are represented in ber, while New York, with a population of four Congress by a delegate of their own selection. millions, has but thirty-one; Colorado would They make and execute their own municipal have in the electoral college three votes, while laws, sulbject only to revision by Congress-an New York has only thirty-three; Colorado would authority not likely to be exercised, unless in have in the Senate two votes, while New York extreme or extraordinary cases. The population has no more. is small, some estimating it so low as twenty- Inequalities of this character have already fge thousand, while advocates of the bill reckon occurred, but it is believed that none have hap 82 POLITICAL,MANUAL. pened where the inequality was so great. When as completely as possible, so that all those who such inequality has been allowed, Congress is are expected to bear the burdens of the Federal supposed to have permitted it on the ground of Government shall be consulted concerning the some high public necessity, and under circum- admission of new States; and that in the mean stances which promised that it would rapidly time no new State shall be prematurely and undisappear through the growth and development necessarily admitted to a participation in the of the newly admitted State. Thus, in regard political power which the Federal Government to the several States in what was formerly called wields, not for the benefit of any individual the "northwest territory," lying east of the Mis- State or section, but for the common safety, sissippi, their rapid advancement in popula- welfare, and happiness of the whole country. tion rendered it certain that States admitted with ANDrew JohNsoN. only one or two representatives in Congress, WASHINGTOBN, D. C., May 15, 1866. would, in a very short period, be entitled to a great increase of representation. So, when Cali- Copy of the Bill. fornia was admitted on the ground of commer- Ax ACT for the admission of the State of Colocial and political exigencies, it was well foreseen rado into the Union. that that State was destined rapidly to become Whereas, on the twenty-first day of March, a great, prosperous, and important mining and anno Domini eighteen hundred and sixty-four, commercial community. In the case of Colo- Congress passed an act to enable the people of rado, I am not aware that any na donal exigency, Colorado to form a constitution and State goveither of a political or commercial nature, re- ernment, and offered to admit said State, when quires a departure from the law of equality, so formed, into the Union upon compliance with which has been so generally adhered to in our certain conditions therein specified; and whereas history. it appears by a message of the President of the If information submitted in connection with United States, dated January twelve, eighteen this bill is reliable, Colorado, instead of increas- hundred and sixty-six, that the said people have ing, has declined in population. At an election adopted a constitution, which upon due examrtifor members of a territorial legislature held in nation is found to conform to the provisions and 1861, 10,580 votes were cast. At the election'comply with the conditions of said act, and to before mentioned, in 1864, the number of votes be republican in its form of government, and cast was 6,192; while at the irregular election that they now ask for admission into the Union: held in 1865, which is assumed as a basis for Be it enacted, <&c., That the constitution and legislative action at this time, the aggregate State government lyhich the people of Colorado of votes was 5,905. Sincerely anxious for the have formed for themselves be, and the same is welfare and prosperity of every Territory and hereby, ratified, accepted, and confirmed, and that State, as well as for the prosperity and welfare the said State of Colorado shall be, and is hereby, of the whole Union, I regret this apparent de- declared to be one of the United States of Amercline of population in Colorado; but it is mani- ica, and is hereby admitted into the Union upon fest that it is due to emigration which is going anl equal footing with the original States, in all on from that Territory into other regions within respects whatsoever. the United States, which either are in fact, or SEc. 2. And be it fitrther esntcted, That the are believed by the inhabitants of Colorado to said State of Colorado shall be, and is hereby, be, richer in mineral wealth and agricultural re- declared to be entitled to all the rights, privisources. If, however, Colorado has not really leges, grants, and immunities, and to be subject declined in population, another census, or to all the conditions and restrictions, of an act another election under the authority of Con- entitled "An act to enable the people of Cologress, would place the question beyond doubt, rado to form a constitution and a State governand cause but little delay in the ultimate ad- ment, and for the admission of such State into mission of the Territory as a State, if desired by the Union on an equal footing with the original the people. States," approved March twenty-first, eighteen The tenor of these objections furnishes theI hundred and sixty-four. reply which may be expected to an argument The votes on this bill were: in favor of the measure derived from the ena- Is SENATE. bling act which was passed by Congress on the March 13-The bill was rejected-yeas 14, 21st day of March, 1864. Although Congress nays 21, as follow: then supposed that the condition of the Terri- YEs-Messrs. Chandler, Cragin, Kirkwood, Lane of Intory was such as to warrant its admission as a diana, Lane of Kansas, icDoula7t, Nesmith, Norton, PomState, the result of two years' experience shows roy, Ramsey, Sherman, Stewart, Trumbull, Williams-14. NAYs —Messrs. Buc7cale.o, Conness, Creswell, _Da.vis, Doothat every reason which existed for the institu- little, Fessenden, Foster, Grimes,'gotlrie, Harris, r7endricics, tion of a territorial instead of a State gov- eorigan, Maorril, Poladc, ile, Slraagde, S'ltocktos, Sumernment in Colorado, at its first organization, Va Wile, ade, Wileo-1. still continues in force. Mir. Wilson entered a motion to reconsider the The condition of the Union at the present mo- vote. ment is calculated to inspire caution in regard to April 25-The Senate voted to reconsider; the admission of new States. Eleven of the old yeas 19, nays 13. (Same as below.) States have been for some time, and still remain, The bill was then passed-yeas 19, nays 13, unrepresented in Congress. It is a common. in- as follow: terest of all the States, as well those repre- YEis-Messrs. Chandler, Clark, Conness, Cragin, Cres sBeted as those unrepresented, that thle intlegrity well, Howard, hIowe, Kirkwood, Lane of Indiana, Nye, and harmoy of t;le Union should be restore Pomeroy, iamsey, Sherman, Sprague, Stewart, Trtumbl'1 ana harmony of the Union should be restored Yn Winkle, Willey, Wilson-19. VOTES AND'VETOES. 8, NArs-Messrs. Buclcalcew, Davis, Doolittle, Edmunds, Nor have the sovereign people of the nation Foster, Grimos, Guthrie, Henldriccs, McDougall, Morgan, been afforded an opportunity of expressing their Poland, iddle, Sumn e. views upon the important questions which the amendment involves. Grave doubts therefore May 3-The bill was passed-yeas 81, nays may naturally and justly arise as to whether.57, as follow: the action of Congress is in. harmony with the YEAs —iessrs. Ames, Anderson, Delos R. Ashley, James sentiments of the people, and whether State M. Ashley, Baker, Banks, Barker, Beaman, Benjamin, Bid- legislatures elected without reference to such well, Binglham, Blow, Branldegee, Bromwell, Buckllnd, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling. an issue, should be called upon by Congress to Cullom,')eiiees, Deming, Dixon, Dodge, Donnelly, Driggs, decide respecting the ratification of the proposed Dumont, Eckley, Farquhar, Ferry, Garfield, Grinnell, Abner amnment. C. Harding, Hart, Henderson, Holmes, Iotchkiss, Asahel W. HIubbard, Chester D. IIubbard, James R. Ilubbell, I- Waiving t qu n to te co gersoll, Jenckes, Kasson, Kelso, Ketcham, Laflin, Latham, to te constittio'George V. Lawrence, William Lawrence, Loan, Longyear, validity of the proceedings of Congress upon Marston, McClurg, McKee, Mercur, Miller, Moorhead, the joint resolution proposing the amendment, Molton, Myers, O'Neill, Orth, Patterson, Plants, Alexande r o te erits of the article which it subI- Rice, Rlollins, Sawyer, Schenck, Shella.barger, Smith, s o e ets te le Spalding; Francis Thomas, Trowbridge, Upson, Van Aernam, mils through the executive department to thi Burt Van Horn, Robert T. Van Horn, Warner, Welker, legislatures of the States, I deem it proper to Wlsaley, Williams-81. t NIlal, Allison, Alley, Ancona, Baxter, Begen, observe that the steps taken by the Secretary of 3Blaine, Bontwell, Boyer, Broosmall, Clanler, Cqffloth, Dar- State, as detailed in the accompanying report, ling, Dawso, Denison Eldridgce, Eliot, Fincc, Glossbrenner,e are to be considered as purely ministerial, and Grider, Griswold, Aaros Har dig, I arris, I-Iigby; James i no sense w.ateer Co i the E ut Humphrey, Julian, Kelley, Kuylkendall, Le B1ond, L ng the xecutiv Mfarshall, JlcCzuliousghl, McRIuer, Morrill, Morris, Newell, to an approval or a recommendation of the Niblacd7, Paine, Perham, Pike, IRaymond, John H. Iice, amendment to the State legislatures or to the _titte', Ross. Rousseau, Shancclin, Stevens, Stilwvell, Strouse. On th people. On the contrary, a proper appreciatio.rn Taylor, ThLornton, Ellihu B. Waslshbrne,.Henry D. Wash co aiy, burn, James F. Wilson, Windom, Winiseld, Woodbridge, of the letter and spirit of the Constitution, as well IWrbigit-57. as of the interests of national order, harmony, Up to the time this page is put to press, no and union, and a due deference for an enlightvote has been taken on the re-passage of the ened public judgment, may at this time well sugvetoed bill. When taken, it will be inserted in gest a doubt whether any amendment to the a subsequent page. Constitution ought to be proposed by Congress and pressed upon the legislatures of the several Message Respecting the Proposed Constitutional States for final decision until after the admisAmendment on Representation, &c., June 22, sion of such loyal Senators and Representatives 1866. of the now unrepresented States as have been, To the sSenate and iousse of Representlatives: or may hereafter be, chosen in conformity I submit to Congress a report of the Secretary with the Constitution and laws of the United of State, to whom was referred the concurrent States. resolution of the 18th instant,' respecting a ANDREw JHNasoN.'submission to the legislatures of the States of an additional article to the Constitution of the WASHINGTTONX, D. C., June 22, 1866. United States. It will be seen from this report that the Secretary of State had, on the 16th instant, trans- To t7e Presidest. mitted to the Governors of the several States certified copies of the joint resolution passed on The Secretary of State, to whom was referred the 13th instant, proposing an amendment to the concurrent resolution of the two Houses of the Constitution. Congress of the 18th instant, in the following Even in ordinary tim'es any question of words: "'That the President of the United States amending the Constitution must be justly re- be requested to transmit forthwith to the execugarded as of paramount importance. This im- tives of the several States of the United States portance is at the present time enhanced by the bopies of t]e article of amendment proposed by fact that the joint resolution was not submitted Congress to the State legislatures to amend the by the two Houses for the approval of the Presi- Constitution of the United States, passed June dent, and that of the thirty-six States which 13, 1866, respecting citizenship, the basis of repconstitute the Union eleven are excluded from resentation, disqualification for office, and validrepresentation in either House of Congress, ity of the public debt of the United States, &c., although, with the single exception of Texas, to the end that the said States may proceed to they have been entirely restored to all their act upon the said article of amendment, and that functions as States, in conformity with the or- he request the executive ofi each State that may ganic law of the land, and have appeared at the ratify said amendment to transmit to the Secrenational capital by Senators and Representa- tary of State a certified copy of such ratification," tives, who have applied for and have been re- has the honor to submit the following report, fu-sed admission to the vacant seats. namely: That on the 16th instant the Hon. Amasa Cobb, of the Committee of the House of ~- This resolution passed the HI-ouse under a suspnsiof Represensio oftatives o Enrolled ills brought t the rules, which was agreed to, yeas 92, nays 25, (the latter h n. all Democrats,) by a vote of yeas 87, nays 20, on a count by epartment and deposted therein a entellers. It passed the Senate same day withlout a division; rolled resolution of the two Houses of Congress, and is a copy of a concurrent resolution passed in 1864, which was thereupon received y the Secretary requesting President Lincoln to submit the anti-slavery f e a epositd the ros of the anendment, changed only as to the.phraseology descrip- otae and deposted among the rolls of tho tiLv of the amendment. Department, a copy of which ia he:eunt.toa. a, 84 POLITICAL MANUAL. nexed. TheTeupon the Secretary of State, upon [circular.] the 16th instant, in conformity with the pro- DEPARTMENT OF STATE, Tune 16, 1866. ceeding which was adopted by him in 1865, in To his Excellency regard to the then proposed and afterwards Governor of the State of adopted congressional amendment of the Consti- SIR: I have the honor to transmit an attested tution of the United States concerning the pro- copy of a resolution of Congress, proposing to hibition of slavery, transmitted certified copies the legislatures of the several States a fourteenth of the annexed resolution to the Governors of article to the Constitution of the United States. the several States, together with a certificate and The decisions of the several legislatures upon the circular letter. A copy of both of these com- subject are required by law to be communicated munications are hereunto annexed, to this Department. An acknowledgment of the Respectfully submitted, receipt of this communication is requested by WILLIAM H. SEWARD. Your excellency's most obedient servant, DEPARTMENT OF STATE, June 20,1866. WILLIAM H. SEWARD. MAJORITY AND MINORITY REPORTS OF THE JOINT COMMITTEE ON RECONSTRUCTION. The Miajority Report. States were left at the close of the war; the June 8, 1866 -Mr. FEsSNDES in the Senate measures which have been taken towards the and Mr. STEVEN fES in the House, submitted this reorganization of civil government, and the disd Mr. SV, position of the people towards the United States REPORT: in a word, their fitness to take an active part in The Joint CoJmmittee of the, two -Houses of Con- the administration of national affairs. The Jot Comiteeof te two ses of As to their condition at the close of the rebelgress, appointed under the concurrent resolution of D 7ecember 13o, 1S65, with direction to " in- lion, the evidence is open to all, and admits of of December 13, 1865, with direction to " inqCire into the condition of the States which no dispute. They were in a state of utter exquire into the condition of the States which h Hv~ pt e t struggle formed the so-called Confederate States of haustion. Having protracted their struggle America, and report whether they or any of against federal authority until all hope of sucthem are eitited to be repwresented ir either O cessful resistance had ceased, and laid down their ihen are entitled to be, reoresentea in eitfer ouse of Congres.s, wih leave to report by bit arms only because there was no longer any House of Congress, with leave to report by biul or otherwise," asic leave to report: power to use them, the people of those States or otherwise, ask leave to report: were left bankrupt in their public finances, and That they have attended to the duty assigned shorn of the private wealth which had before them as assiduously as other duties would per- given them power and influence. They were iit, and now submit to Congress, as the result, also necessarily in a state of complete anarchy, of their deliberations, a resolution proposing without governments and without the power to amendments to the Constitution, and two bills, frame governments except by the permission of of which they recommend the adoption. those who had been successful in the war. The Before proceeding to set forth in detail their President of the U'nited States, in the proclamaieasons for the conclusion to which, after great tions under which he appointed provisional gov-.deliberation, your committee have arrived, they ernors, and in his various communications to Ieg leave to advert, briefly, to the course of them, has, in exact terms, recognized the fact,proceedings they found it necessary to adopt, that the people of those States werB, when the and to explain the reasons therefor. rebellion was crushed, "deprived of all civil The resolution under which your committee government," and must proceed to organize vwas appointed directed them to inquire into the anew. In his conversation with Mir. Stearns, of.condition of the Confederate States, and report Massachusetts, certified by himself, President,whether they were entitled to representation in Johnson said "the State institutions are pros-.Congress. It is obvious that such an investiga- trated, laid out on the ground, and they must be Siton, covering so large an extent of territory and taken up and adapted to the progress of events."'involving so many important considerations, Finding the Southern States in this condition, anust necessarily require no trifling labor, and and Congress having failed to provide for the consume a very considerable amount of time. contingency, his duty was obvious. As Prosic l.tXlust embrace the condition in which those dent of the United States he had no power, oe REPORTS ON RECONSTRUCTION. 85 cept to execute the laws of the land as Chief erly permit the people to assemble, and to initiMagistrate. These laws gave him no authority ate local governments, and to execute such local over the subject of reorganization; but by the laws as they might choose to frame not inconConstitution he was commander-in-chief of the sistent with, nor in opposition to, the laws of army and navy of the United States. These the United States. And, if satisfied that they Confederate States embraced a portion of the might safely be left to themselves, he might people of the Union who had been in a state of withdraw the military forces altogether, and revolt, but had been reduced to obedience by leave the people of any or all of these States to force of arms. They were in an abnormal con- govern themselves without his interference. In dition, without civil government, without com- the language of the Secretary of State, in his mercial connections, without national or inter- telegram to the provisional governor of Georgia, national relations, and subject only to martial dated October 28, 1865, he might "recognize the law. By withdrawing their representatives in people of any State as having resumed the relaCongress, by renouncing the privilege of repre- tions of loyalty to the Union," and act in his sentation, by organizing a separate government, military capacity on this hypothesis. All this and by levying war against the United States, was within"his own discretion, as military comthey destroyed their State constitutions in res- mander. But it was not for him to decide upon pect to the vital principle which connected their the nature or effect of any system of government respective States with the Union and secured which the people of these States might see fit to their federal relations; and nothing of those adopt. This power is lodged by the Constitution constitutions was left of which the United States in the Congress of the United States, that branch were bound to take notice. For four years they of the government in which is vested the auhad a defacto government, but it was usurped thority to fix the political relations of the States and illegal. They chose the tribunal of arms to the Union, whose duty is to guarantee to wherein to decide whether or not it should be each State a republican form of government, and legalized, and they were defeated. At the close to protect each and all of them against foreign of the rebellion, therefore, the people of the re- or domestic violence, and against each other. tW bellious States were found, as the President ex- cannot, therefore, regard the various acts of the presses it, "deprived of all civil government." President in relation to the formation of local Under this state of affairs it was plainly the governments in the insurrectionary States, and duty of the President to enforce existing national the conditions imposed by him upon their action, laws, and to establish, as far as he could, such a in any other light than as intimations to the system of government as might be provided for people that, as commander-in-chief of the army, by existing national statutes. As commander- he would consent to withdraw military rule in-chief of a victorious army, it was his duty, just in proportion as they should, by their acts, under the law of nations and the army regula- manifest a disposition to preserve order, among tions, to restore order, to preserve property, and themselves, establish governments denoting loyto protect the people against violence from any alty to the Union, and exhibit a settled determinaquarter until provision should be made by law tion to return to their allegiance, leaving with the for their government. He might, as President, law-making power to fix the terms of their final assemble Congress and submit the whole matter restoration to all their rights and privileges as to the law-making power; or he might continue States of the Union. That this was the view of military supervision and control until Congress his power taken by the President is evident from should assemble on its regular appointed day. expressions to that effect in the communications Selecting the latter alternative, he proceeded, by of the Secretary of State to the various provisvirtue of his power as commander-in-chief, to ional governors, and the repeated declarations of appoint provisional governors over the revolted the President himself, Any other supposition States. These were regularly commissioned, and inconsistent with this would impute to the Presitheir compensation was paid, as the Secretary of dent designs of encroachment upon a co-ordinate War states, "from the appropriation for army branch of the government, which should not be contingencies, because the duties performed by lightly attributed to the Chief Magistrate of the the parties were regarded as of a temporary nation. character; ancillary to the withdrawal of mili- When Congress assembled in December last tary force, the disbandment of armies, and the the people of most of the States lately in rebelreduction of military expenditure; by provis- lion had, under the advice of the President, orional organizations for the protection of civil ganized local governments, and some of them rights, the preservation of peace, and to take had acceded to the terms proposed by him. Ia the place of armed force in the respective States." his annual message he stated, in general terms, It cannot, we think, be contended that these what had been done, but he did not see fit to governors possessed, or could exercise, any but communicate the details for the information of military authority. They had no power to or- Congress. While in this and in a subsequent ganize civil governments, nor to exercise any message the President urged the speedy restoraauthority except that which inhered in their tion of these States, and expressed the opinion own persons under their commissions. Neither that their condition was such as to justify their had the President, as commander-in-chief, any restoration, yet it is quite obvious that Con. other than military power. But he was in ex- gress must either have acted blindly on that elusive possession of the military authority. It opinion of the President, or proceeded to obtain was for him to decide how far he would exercise the information requisite for intelligent action it, how far he would relax it, when and on what on the subject. The impropriety of proceeding terms he would withdraw it. He might prop- wholly on the judgment of any one man, how ~~98~~0~ POLITICAL MANUAL, ever exalted his station, in a matter involving could only be had to the examination of witthe welfare of the republic in all future time, ori nssese whose position had given them the best of adopting any plan, coming from any source, means of forming an accurate judgment, who without fully understanding all its bearings and could state facts from their own observation, and comprehending its full effect, was apparent. The whose character and standing afforded the best first step, therefore, was to obtain the required evidence of their truthfulness and impartiality. information. A call was accordingly made on A work like this, covering so large an extent of the President for the information in his posses- territory, and embracing such complicated and sion as to what had been done, in order that extensive inquiries, necessarily required much Congress might judge for itself as to the grounds time and labor. To shorten the time as much of the belief expressed by him in the fitness of as possible, the work was divided and placed in States recently in rebellion to participate fully the hands of four sub-committees, who have in the conduct of national affairs. Thisinforma- been diligently employed in its accomplishment. tion was not immediately communicated. When The results of their labors have been heretofore the response was finally made, some six weeks submitted, and the country will judge how far after your committee had been in actual session, they sustain the President's views, and how far it was found that the evidence upon which the they justify the conclusions to which your comPresident seemed to have based his suggestions mittee have finally arrived. was incomplete and unsatisfactory. Authenti- A claim for the immediate admission of Senacated copies of the new constitutions and ordi- tors and Representatives from the so-called Connances adopted by the conventions in three of federate States has been urged, which seems to the States had been submitted, extracts from your committee not to be founded either in reanewspapers furnished scanty information as to son or in law, and which cannot be passed withthe action of one other State, and nothing ap- out comment. Stated in a few words, it amounts pears to have been communicated as to the re- to this: That inasmuch as the lately insurgent mainder. There was no evidence of the loyalty States had no legal right to separate themselves of those who had participated in these conven- from the Union, they still retain their positions tions, and in one State alone was any proposi- as States, and consequently the people thereof tion made to submit the action of the conven- have a right to immediate representation in Contions to the final judgment of the people. gress without the imposition of any conditions Failing to obtain the desired information, and whatever; and further, that until such admisleft to grope for light wherever it might be found, sion Congress has no right to tax them for the your committee did not deem it either advisable support of the Government. It has even been or safe to adopt, without further examination, contended that until such admission all legislath'e suggestions of the President, more especially tion affecting their interests is, if not unconstias he had not deemed it expedient to remove the tutional, at least unjustifiable and oppressive. military force, to suspend martial law, or to re- It is believed by your committee that all these store the writ of habeas corpus, but still thought propositions are not only wholly untenable, but, it necessary to exercise over the people of the if admitted, would tend to the destruction of the rebellious States his military power and juris- Government. dictioni. This conclusion derived still greater It must not be forgotten thatthe people of these force from the fact, undisputed, that in all these States, without justification or excuse, rose in inStates, except Tennessee and perhaps Arkansas, surrection against theUnited States. Theydelibthe elections which were held for State officers erately abolished their State goverernments so and members of Congress had resulted, almost far as the same connected them politically with universally, in the defeat of candidates who had the Union as members thereof under the Constibeen true to the Union, and in the election oJ tution. They deliberately renounced their allenotorious and unpardoned rebels, men who could giance to the Federal Government, and pronot take the prescribed oath of office, and who ceeded to establish an independent government made no secret of their hostility to the Govern- for themselves. In the prosecution of this enterment and the people of the United States. Un- prise they seized the national forts, arsenals, dockder these circumstances, anything like hasty ac- yards, and other public property within their tion would have been as dangerous as it was borders, drove out from among them those who obviously unwise. It appeared to your com- remained true to the Union, and heaped every mittee that but one course remained, viz: to in- imaginable insult and injury upon the United vestigate carefully and thoroughly the state of States and its citizens. Finally they openec hosfeeling and opinion existing among the people tilities, and levied war against the (Government. of these States; to ascertain how far their pre- They continued this war for four years with tended loyalty could be relied upon, and thence the most determined and malignant spirit, killing to infer whether it would be safe to admit them in battle and otherwise large numbers of loyal at once to a full participation in the Govern- people, destroying the pr operty of loyal citizens ment they had fought for four years to destroy. on the sea and on the land, and entailing on the It was an equally important inquiry whether Government an enormous debt, incurred to sustheir restoration to their former relations with tain itsrightful authority. Whether legally and the United States should only be granted upon constitutionally or not, they did, in fact, withcertain conditions and guarantees which would draw from the Union and made themselves subeffectually secure the nation against a recur- jectsofanother government of their own creation. rence of evils so disastrous as those from which And they only yielded when, after a long, bloody, it had escaped at so enormous a sacrifice. and wasting war, they were compelled by utter To obtain the necessary information recourse exhaustion to lay down their arms; alnd this RIEPORTS O0 IIECONSTRUCIOTiO, 87 they did not willingly, but declaring that they eral authority. It must have a government yielded because they could no longer resist, afford- republican in form, under and by which it is ing no evidence whatever of repentance for their connected with the General Government, and crime, and expressing no regret, except that they through which it can discharge its obligations. had no longer the power to continue the despe- It is more than idle, it is a mockery, to contend rate struggle. that a people who.have thrown off their alleIt cannot, we think, be denied by any one, giance, destroyed the local government which having a tolerable acquaintance with public law, bound their States to the Union as members that the war thus waged was a civil war of the thereof, defied its authority, refused to execute greatest magnitude. The people waging itwere its laws, and abrogated every provision which necessarily subject to all the.rules which, by the gave them political rights within the Union, law of nations, control a contest of that charac- still retain, through all, the perfect- and entire ter, and to all the legitimate consequences follow- right to resume, at their own will and pleasure, ing it. One of those consequences was that, within all their privileges within the Union, and espethe limits prescribed by humanity, the conquered cially to participate in its government, and to rebels were at'the mercy of the conquerors. That control the conduct of its affairs. To admit a government thus outraged had a most perfect such a principle for one moment would be to right to exact indemnity for the injuries done declare that treason is always master and loyand security against the recurrence of such out- alty a blunder. Such a principle is void by its rages in the future would seem too clear for dis- very nature and essence, because inconsistent putse. What the nature of that security-should with the theory of government, and fatal to its be, what proof should be required of a return to very existence, allegiance, what time should elapse before a peo- On the contrary, we assert that no portion of ple thus demoralized should be restored in full the people of this country, whether in State or -to the enjoyment of political rights and privileges, Territory, have the right, while remaining on its are questions for.the law-making power to decide, soil, to withdraw from or reject the authority of and that decision must depend on grave consid- the United States. They must obey its laws as erations of the public safety and the general paramount, and acknowledge its jurisdiction. welfare. They have no right to secede; and while they It is moreover contended, and with apparent can destroy their State governments, and place gravity, that, from the peculiar nature and themselves beyond the pale of the Union, so far character of our Government, no such right on as the exercise of State privileges is concerned, the part of the conqueror can exist; that from they cannot escape the obligations imposed upon the moment when rebellion lays down its arms them by the Constitution and the laws, nor imand actual hostilities cease; all political rights pairthe exercise of national authority. TheConof rebellious communities are at once restored; stitution, it will be observed, does not act upon' that, because the people of a State of the Union States, as such, but upon the people; while, were once,an organized community within the therefore, the people cannot escape its authority, Union, they necessarily so remain, and their the States may, through the act of their people, right to be representedin Congress at any and all cease to exist in an organized form, and thus times, and to participate in the government of dissolve their political relations with the United the country under all circumstances, admits of States. neither question nor dispute. If this is indeed That taxation slould be only with the consent true, then is the Government of the United of the taxed, through their own representatives, States powerless for its own protection, and is a cardinal principle of all free governments; flagrant rebellion, carried to the extreme of but it is not true that taxation and representacivil war, is a pastime which any State may tion must go together under all circumstances, play at, not only certain that it can lose noth- andatevery momentof time. The people of the ing in any event, but may even be the gainer by District of Columbia and of the Territories are defeat. If rebellion succeeds, it accomplishes taxed, although not represented in Congress. If its purpose and destroys the Government. If it it is true that the people of the so-called Confedfails, the war has been barren of results, and rate States had no right to throw off the authe battle may be still fought out in the legis- thority of the United States, it is equally true lative halls of the country. Treason, defeated that they are bound at all times to share the in the field, has only to take possession of Con- burdens of government. They cannot, eitherlegress and the cabinet.. glly or equitably, refuse to bear their just proYour committee does not deem it either neces- portion of these burdens by voluntarily abdisary or proper to discuss the question whether cating their rights and. privileges as States of the late Confederate States are still States of the Union, and refusing to be represented in the this Union, or can even be otherwise. Grant- councils of the nation, much less by rebellion ing this profitless abstraction, about which so against national authority and levying war. many words have been wasted, it by no means To hold that by so doing they could escape taxfollows that the people of those States may not ation would be to offer a premium for insurrecplace themselves in a condition to abrogate the tion, to reward instead:of punishing for treason. powers and privileges incident to a State of the To hold that as soon as government is restored Union, and deprive themselves of all pretence of to its full authority it canl be allowed no time to right to exercise those powers and enjoy those secure itself against similar wrongs in the fuprivileges. A State within the Union-has obli- ture, or else omit the ordinary exercise of its gations to discharge as a member of the Union. constitutional power'to compel equal contribuIt must submit to federal laws and uphold fed- tion from all towards the expenses of govern 88 FPOLITICAi MANUAL, mnent, would be unreasonable in itself and tation for all necessarily follows. As a consennjust tothe nation. Itis sufficient to reply that quence the inevitable effect of the rebellion the loss of representation by the people of the would he to increase the political power of the insurrectionary States was their own voluntary insurrectionary States, whenever they should choice. They might abandon their privileges, be allowed to resume their positions as States of but they could not escape their obligations; the Union. As representation is by the Constiand surely they have no right to complain tution based upon population, your committee if, before resuming those privileges, and while the did not think it advisable to recommend a people of the United States are devising measures change of that basis. The increase of represen-.for the public safety, rendered necessary by tation necessarily resulting from the abolition the act of those who thus disfranchised them- of slavery was considered the most important selves, they are compelled to contribute ir element in the questions arising out of the just proportion of the general burden of taxa- changed condition of affairs, and the necessity tion incurred by their wickedness and folly. for some fundamental action in this regard Equally absurd is the pretense that the legis- seemed imperative. It appeared to your comlative authority of the nation must be inopera- mittee that the rights of these persons by whom tive so far as they are concerned, while they, by the basis of representation had been thus intheir own act, have lost the right to take part creased should be recognized by the General in it. Such a proposition carries its own refu- Government. While slaves, they were not contation on its face. sidered as having any rights, civil or political. While thus exposing fallacies which, as your It did not seem just or proper that all the politicommittee believe, are resorted to for the purpose cal advantages derived from their becoming free of misleading the people and distractingtheir at- should be confined to their former masters, who tention from the questions at issue, we freely had fought against the Union, and withheld admit that such a condition of things should be from themselves, who had always been loyal. brought, if possible, to a speedy termination. Slavery, by building up a ruling and dominant It is most desirable that the Union of all the class, had produced a spirit of oligarchy adverse States should become perfect at the earliest mo- to republican institutions, which finally inaugument consistent with the peace and welfare of rated civil war. The tendency of continuing the nation; that all these States should become the domination of such a class, by leaving it in fully represented in the national councils, and the exclusivepossession of political power, would take their share in the legislation of the coun- be to encourage the same spirit, and lead to a try. The possession and exercise of more than similar result. Doubts were entertained whether its just share of power by any section is inju- Congress had power, even under the amended rious, as well to that section as to all others. Its Constitution, to prescribe the qualifications of tendency is distracting and demoralizing, and voters in a State, or could act directly on the such a state of affairs is only to be tolerated on subject. It wae doubtful, in the opinion of your the ground of a necessary regard to the public committee, whether the States would consent to safety. As soon as that safety is secured it surrender a power they had always exercised, should terminate. and to which they were attached. As the best, Your committee came to the consideration of if not the only, method of surmounting the diffithe subject referred to them with the most culty, and as eminently just and proper in itself, anxious desire to ascertain what was the condi- your committee came to the conclusion that potioon of the people of the States recently in in- litical power should be possessed in all the States sur-ection, and what, if anything, was necessary exactly in proportion as the right of suffrage to he done before restoring them to the full en- should be granted, without distinction of color joyment of all their original privileges. It was or race. This it was thought would leave the undeniable that the war into which they had whole question with the people of each State, plunged the country had materially changed holding out to all the advantage of increased their relations to the people of the loyal States. political power as an inducement to allow all to Slavery had been abolished by constitutional participate in its exercise. Such a provision amendment. A large proportion of the popu- would be in its nature gentle and persuasive, lation had become, instead of mere chattels, and would lead, it was hoped, at no distant day, free men and citizens. Through all the past to anequal participation of all, without distincstruggle these had remained true and loyal, and tion, in all the rights and privileges of citizenhad, in large numbers, fought on the side of the ship, thus affording a full and adequate protecUnion. It was impossible to abandon them tion to all classes of citizens, since all would without securing them their rights as free men have, through the ballot-box, the power of selfand citizens. The whole civilized world would protection. have cried out against such base ingratitude, Holding these views, your committee prepared and the bare idea is offensive to all right-thinfk- an amendment to the Constitution to carry out ing men. Hence it became important to inquire this idea, and submitted the same to Congress. what could be done to secure their rights, civil Unfortunately, as we think, it did not receive and political. It was evident to your committee the necessary constitutional support in the Senthat adequate security could only be found in ate, and therefore could not be proposed for appropriate constitutional provisions. By an adoption by the States. The principle involved original provision of the Constitution, represen- in that amendment is, however, believed to be tation is based on the whole number of free sound, and your committee have again proposed persons in each State, and three-fifths of all it in another form, hoping that it may receive other persons. When all become free, represen- the approbation of Congress. REPORTS ON RECONSTRUC1ION. 89 Your committee have been unable to find, in fore, that the people of a State where the conthe evidence submitted to Congress by the Presi- stitution has been thus amended might feelthemdent, under date of March 6, 1866, in compliance selves justified in repudiating altogether all such with the resolutions of a nbrary 5 a ary unauthorized assumptions of power, and might 27, 1866, any satisfactory proof that either of be expected to do so at pleasure. the insurrectionary States, except, perhaps, the So far as the disposition of the people of the State of Tennessee, has placed itself in a condi- insurrectionary -States, and the probability of tion to resume its political relations to the their adopting measures conforming to the Union. The first step towards that end would changed condition of affairs, can be inferred necessarily be the establishment of a republican from the papers submitted by. the President as form of government by the people.'It has been the basis of his action, the prospects are far from before remarked that the provisional governors, encouraging. It appears quite clear that the appointed by the President in the exercise of his anti-slavery amendments, both to the'State and military authority, could do nothing by virtue Federal Constitutions, were adopted with relucof the power thus conferred towards the estab- tance by the bodies which did adopt them, while lishment of a State government. They were in some States they have been either passed by acting under the War Department and paid out in silence or rejected. The language of all tne of its funds. They were simply bridging over provisions and ordinances of these States on the the chasm between rebellion and restoration. subject amounts to nothing more than an unAnd yet we find them calling conventions and willing admission of an unwelcome truth. As convening legislatures. Not only this, but we to the ordinance of secession, it is, in some cases, find the conventions and legislatures thus con- declared " null and void," and in others simply Vened acting under executive direction as to the "repealed;" and in no instance is a refutation provisions required to be adopted in their con- of this deadly heresy considered worthy of a sfitutions and ordinances as conditions precedent place in the new constitution. to their recognition by the President. The in- If, as the President assumes, these insurrecducement held out by the President for corn- tionary States were, at the close of the war, pliance with the conditions imposed was, directly wholly without State governments, it would seem in one instance, and presumably, therefore, in that, before being admitted to participation in others, the immediate admission of Senators and the direction of public affairs, such governments Representatives to Congress. The character of should be regularly organized. Long usage the conventions and legislatures thus assembled has established, and numerous statutes have was not such as to inspire confidence in the good pointed out, the mode in which this should be faith of their members. Governor Perry, of done. A convention to frame a form of governSouth Carolina, dissolved the convention assern- ment should be assembled under competent anbled in that State before the suggestion had tliority. Ordinarily, this authority emanates reached Columbia from Washington that the from Congress; but, under the peculiar circumrebel war debt should be repudiated, and gave stances, your commnittee is not disposed to critias his reason that it was a " revolutionary body." cise the Presiden t's action in assuming the power There is no evidence of the loyalty or, disloyalty exercisedby him in this regard. The convention, of the members of those conventions and legis- when assembled, should frame a constitution of latures except the fact of pardons being asked government, which should be submitted to the for on their account. Some of these States now people for adoption. If adopted, a legislature claiming representation refused to adopt the should be convened to pass the laws necessary conditions imposed. No reliable information is to carry it into effect. When a State thus orfound in these papers as to the constitutional ganized claims representation in Congress, the provisions of several of these States, while in election of representatives should be provided not one of them is there the slightest evidence for by law, in accordance with the laws of Conto show that these " amended constitutions," as gress regulating representation, andl the proof they are called, have ever been submitted to the that the action taken has been in conformity to people for their adoption. In North Carolina law should be submitted to Congress. alone an ordinance was passed to that effect, but In no case have these essential preliminary itdoes not appear to havebeen acted on. Not one steps been taken. The conventions assembled of them, therefore, has been ratified. Whether, seem to have assumed that the constitutions with President Johnson, we adopt the theory which had been repudiated and overthrown were that the old constitutions were abrogated and still in existence, and operative to constitute destroyed, and the people " deprived of all civil the States members of the Union, and to have government," or whether we adopt the alterna- contented themselves with such amendments as tive doctrine that they were only suspended and they were informed were requisite in order to were revived by the suppression of the rebel- insure their return to an immediate participation lion, the new provisions must be considered as in the Government of the United States. Not equally destitute of validity before adoption by waiting to ascertain whether the people they the people. If the conventions were called for the represented would adopt even the proposed sole purpose of putting the State governmentinto amendments, they at once ordered elections of operation, they had no power either to adopt a representatives to Congress, in nearly all innew constitution or to amend an old one with- stances before an'executive had been chosen to. out the consent of the people. Nor could either issue writs of election under the State laws, and a convention or a legislature change the funda- such elections as were held were ordered by the mental law without power previously conferred. conventions. In one instance, at least, the writs In -the view of your committee, it follows, there- of election were signed by the provisional gov g0 POLITICAIL IANUAL. ernor. Glaring irregularities ancd unwarranted ticipating at once in that Government which assumptions of power are manifest in several they had for four years been fighting to overcases, particularly in South Carolina, where the throw. Allowed and encouraged by the Execuzonvention, althoiugh disbanded by the pro- tive to organiz6 State governments, they at once visional governor on the ground that it was a placed in power leading rebels, unrepentant and revolutionary body, assumed to redistrict the unpardoned, excluding with contempt those who State. had manifested an attachment to the Union, and It is quite evident from all these facts, and preferring in many instances, those who had indeed from the whole mass of testimony sub- -endered themselves the most obnoxious. In mitted by the President to the Senate, that in the face of the law requiring an oath which no instance was regard paid to any other con- would necessarily exclude all such men from sideration than obtaining immediate admission federal offices, they elect, with very few excepto Congress, under the barren form of an election tions, as Senators and Representatives in Conin which no precautions weere taken to secure gress men who had actively participated in the regularity of proceedings or the assent of.the rebellion, insultingly denouncing the law as unpeople. No constitution has been legally adopted constitutional. It is only necessary to instance except, perhaps, in the State of Tennessee, and the election to the Senate of the late vice presisuch elections as have been held were without dent of the Confederacy, a man who, against his authority of law. Your committee are accord.- own declared convictions, had lent all the weight ingly forced to the conclusion that the States of his acknowledged ability and of his influence referred to have not placed themselves in a con- as a most prominent public man to the cause of dition to claim representation in Congress, unless the rebellion, and who, unpardoned rebel as he all the rules which have, since the foundation is, with that oath staring him in the face, had of the Government, been deemed essential in the assurance to lay his credentials on the table such cases should be disregardced. of the Senate. Other rebels of scarcely less note It would undoubtedly be competent for Con- or notoriety were selected from other quarters. gress to waive all formalities and to admit these Professing no repentance, glorying apparently Confederate States to representation at once, in the crime they had committed, avowing still, trusting that time and experience would set all as the uncontradicted testimony of Mr. Stephens things right. Whether it would be advisable to and many others proves, an adherence to the do so, however, must depend upon other con- pernicious doctrine of secession, and declaring siderations of which it remains to treat. But it that they yielded only to necessity, they insist, may well be observed, that the inducements to with unanimous voice, upon their rights as States, such a step should be of the very highest char- and proclaip that they will submit to no conacter. It seems to your committee not unreason- ditions whatever as preliminary to their reable to require satisfactory evidence that the sumption of ower under that Constitution which ordinances and constitutional provisions which they still claim the right to repudiate. the President deemed essential in the first in- Examining the evidence taken by your comstance will be permanently adhered to by the mittee still further, in connection with facts too people of the States seeking restoration, after notorious to be disputed, it appears that the being admitted to full participation in the southern press, with few exceptions, and those government, and will not be repudiated when mostly of newspapers recently established by that object shall have been accomplished. And northern men, abound with weekly and daily here the burden of proof rests upon the late abuse of the institutions and people of the loyal insurgents who are seeking restoration to the States; defends the men who led, and the princirights and privileges which they willingly aban- ples which incited, the rebellion; denounces and doned, and not upon the people of the Udited reviles southern men who adhered to the Union; States who have never undertaken, directly or and strives, constantly and unscrupulously, by indirectly, to deprive them- thereof. It should every means in its power, to keep alive the fire appear affirmatively that they are prepared and of hate and discord between the sections; calling disposed in good faith to accept the results of upon the President to violate his oath of office, the war, to abandon their hostility to the Gov- overturn the Government by force of arms, and ernment, and to live in peace and amity with drive the representatives of the people from their the people of the loyal States, extending to all seats in Congress. The national banner is classes of citizens equal rights and privileges, openly insulted, and the national airs scoffed at, and conforming to the republican idea of liberty not only by an ignorant populace, but at public and equality. They shotld exhibit in their acts meetings, and once,,among other notable insomething more than an unwilling submission stances, at a dinner given in honor of a notorious to an unavoidable necessity-a feeling, if not rebel who had violated his oath and abandoned cheerful, certainly not offensive and defiant. his flag. The same individual is elected to an And they should evince an entire repudiation important office in the leading city of his State, of all hostility to the General Government, by although an unpardoned rebel, and so offensive an acceptance of such just and reasonable con- that the President refuses to allow him to enter ditions as that Government should think the upon his official duties. In another State the public safety demands. I-ias this been done? leading general of the rebel armies is openly Let us look at the facts shown by the evidence nominated for governor by the speaker of the taken by the committee. house of delegates, and'the nomination is hailed Hardly is the war closed before the people of by the people with shouts of satisfaction, and these insurrectionary States come forward and openly indorsed by the press. haughtily claim, as a right, the privilege of par- Looking still further at the evidence taken REPORTS ON REiCONiTPRUCTIONT.. by yo.ur committee, it is found to be clearly cisive. While it appears that nearly all are shownn, by w\itnesses of the highest chaiacter, willing to submit, at least for the time being, to.and leaving the besat meaans of observation, that the federal authority, it is equally clear that the the Freedmen's Bureau, instituted for the relief ruling motive is a desire to obtain the advantaand prote ction of freedmen and refugees, is ges which will be derived fromL a representation almost universally opposed by the mass- of the in Congress. Oficers of the Union army on population, and exists in an efficient condition duty, and northern men who go South to enonly under military protection, while the Union gage in business, are generally detested and promen of the South are earnest in its defence, scribed. Southern, men who adhered to the declaring with one voice that without its pro- Union are bitterly hated and relentlessly perse-.tection the colored people would not be permit- cuted. In some localities prosecutions have ted to labor at fair prices, and could hardly live been instituted in State courts against Union in safety. They also testify that without the officers for acts done in the line of official duty, protection of United States troops Union men, and similar prosecutions are threatened elsewhether of northelrn or southern origin, would where as soon as the United States troops are be obligad to abandon their homes. The feeling removed. All such demonstrations.show a state in many portions of the country towards the of feeling against which it is unmistakably neemancileated slaves, especially amrong the uned- cessary to guard. ucated and ignorant, is one of vindictive and The testimony is conclusive that after the colmalicious hatred. This deep-seated prejudice lapse of the Confederacy the feeling of the people against color is assiduously cultivated by -the of tile rebellious States was that of abject sub-.public journals, and leads to acts of cruelty, mission. Having appealed to the tribunal of oppression, and murder, which the local author- arms, they had no hope except that by the ities are at no pains to prevent or punish. There magnanimity of their conquerors their lives, and is no general disposition to place the colored possibly their property, might be preserved. race, constituting at least two fifths of the popu- Unfortunately, the general issue of pardons to,lation, upon terms even of civil equality. While persons who had been prominent in the rebelmnany ins.ances may be found where large lion, and the feeling of kindner and conciliation.planters and men of the better class accept the manifested by the Executive, and very genesituation, and honestly strive to bring about a rally indicated through the northern press, had better order of things, by employing the freed- the effect to render whole communities forgetful.men at fair wages and treating them kindly, of the crime they had committed, defiant towards the general feeling and disposition among all the Federal Government, and regardless of their classes are yet totally averse to the toleration duties as citizens. The conciliatory measures of of any class of people friendly to the Union, the Government do not seem to have been met be they white or black; and this aversion is even half way. The bitterness and defiance exioet unfrequently manifested in an insulting and hibited toward the United States under such ciroffensive manner.c cumstances: is without a parallel in the history The wvitnesses examined as to the willingness of the world. In return for our leniency we of the people of the South to contribute, under receive only an insulting denial of our authorexisting laws, to the payment of the national ity. In return for our kind desire for the redebt, prove that the taxes levied by the United sumption of fraternal relations we receive only States will be paid only on compulsion and an insolent assumption of rights and privileges with preat reluctance, while there prevails, to a long since forfeited. The crime we have punconssiderable extent, an expectation that corn- ished is paraded as a virtue, and the principles pensation will.be made for slaves emancipated of republican government which we have vindi-.and property destroyed during the war. The cated at so terrible cost are denounced as unjust testimony on this point comes from officers of and oppressive. the Union army, officers of the late rebel army, If we add to this evidence the fact that, alUnion men of the Southern States, and avowed though peace has been declared by the Presisecessionists, almost all of whom state that, in dent, he has not, to this day, deemed it safe to their opinion, the people of the rebellious States restore the writ of hcabeas corpus, to relieve the.would, if they should see a prospect of success, insurrectionary States of martial law, nor to repudiate the national debt. withdraw the troops from many localities, and While there is scarcely any hope or desire that the commanding general deems an increase among leading men to renew the attempt at of the army indispensable to the preservation secession at any future time, there is still, ac- of order and the protection of loyal and wellcording to a large number of witnesses, includ- disposed people in the South, the proof of a ing A. I. Stephens, who may be regarded as condition of feeling hostile to the Union and good authority on that point, a generally pre- dangerous to the Government throughout the vailing opinion which defends the legal right insurrectionary States would seem to be overof secession, and upholds the doctrine that the whelming. first allegiance of the people is due to the States, With such evidence before them, it is tla.and not to the United States. This belief evi- opinion of your committeedently prevails among leading and prominent I. That the States lately in rebellion were, men as well as among the masses everywhere, at the close of the war, disorganized communi except in some of the northern counties of Ala- ties, without civil government, and without conbama and the eastern counties of Tennessee. stitutions or other forms, by virtue of which The evidence of an intense hostility tto the political relations could legally exist between Federal Union, and an equally intense love of them and the Federal Government..the late Confederacy, nurtured by the war, is de- II. That Congress cannot be expected to re POLITICAL MANUAL. cognize aW valid thle election of representatives tion of thesame States into a confederacy, wthIih fromn discoanmized communities, which, from the levied and waged war, by sea and land, against very natui'e of the case, were-unable to present the United States. This war continued more their claim to representation under those estab- than four years, within which period the rebel lished and recognized rules, the observance of armies besieged the national capital, invaded the which has been hitherto required. loyal States, burned their towns and cities, robIII. That Congress would not be justified in bed their citizens, destroyed more than 250,000 admitting such communities to a participation loyal soldiers, and imposed an increased national in the goivernrnent of the country without first burden of not less than $3,500,000,000, of which providing such constitutional or other guaran- seven or eight hundred millions have already tees as will tend to secure the civil rights of all been met and paid. From the time these concitizens of the Republic; a just equality of rep- federated States thus withdrew their representaresentation; protection against claims founded tion in Congress and levied war against the United in rebellion and criime; a temporary restoration States, the great mass of their people became and of the right of suffrage to those who have not were insurgents, rebels, traitors, and all of them actively participated in the efforts to destroy assumed and occupied the political, legal, and the UTnion and overthrow the Government; and practical relation of enemies of the United States. the exclusion from positions of public trust of This position is established by acts of Congress at least a portion of those whose crimes hare and judicial decisions, and is recognized repeatproved them to be enemies to the Union, and edly by the President in public proclamations, unworthy of public confidence. documents, and speeches. Your committee will, perhaps, hardly be deemed Second. The States thus confederated prosecuexcusable for extending this report further; ted their war against the United States to final but inasmuch as immediate and unconditional arbitrament, and did not cease until all their representation of the States lately in rebellion armies were captured, their military power desis demanded as a matter of right, and delay, and troyed, their civil officers, State and confederate, even hesitation, is denounced as grossly oppres- taken prisoners or put to flight, every vestige of sive and unjust, as well as unwise and impolitic, State and confederate government obliterated, it may not be amiss again to call attention to a their territory overrun and occupied by the fedefew undisputed and notorious facts, and the ral armies, and their people reduced to the conprinciples of public law applicable thereto, in dition of enemies.conquered in war, entitled only order that the propriety of that claim may be by public law to such rights, privileges, and confully considered and well understood. ditions as might be vouchsafed by the conqueror. The State of Tennessee occupies a position This position is also established by judicial decidistinct from all the other insurrectionary States, sions, and is recognized by the President in public and has been the subject of a separate report, proclamations, documents, and speeches. which your committee have not thought it expe- Third. Having voluntarily deprived themdient to disturb. Whether Congress shall see selves of representation in Congress, for the fit to make that State the subject of separate criminalpurpose of destroying the FederalUnion, action, or to include it in the same category with and having reduced themselves, by the act of all others, so far as concerns the imposition levying war, to the condition of public enemies, of preliminary conditions, it is not within the they have no right to complain of temporary exp)rovince of this committee either to determine clusion from Congress; but on the contrary, or advise. having voluntarily renounced the right to repTo ascertain whether any of the so-called resentation, and disqualified themselves by crime Confederate States "are entitled to be repre- from participating in the Government, the burden sented in either House of Congress," the essen- now rests upon them, before claiming to be reintial inquiry is, whether there is, in any one of stated in their former condition, to show that them, a constituency qualified to be represented they are qualified to resume federal relations. in Congress. The question how far persons In order to do this, they must prove that they claiming seats in either House possess the cre- have established, with the consent of the people, dentials necessary to enable them to represent a republican forms of government in harmony with duly qualified constituency is one for the con- the Constitution and laws of the United States, sideration of each iHouse separately, after the that all hostile purposes have ceased, and should preliminary question shall have been finally give adequate guarantees against future treason determined. and rebellion-guarantees which shall prove - We now propose to re-state, as briefly as satisfactory to the Government against which possible, the general facts and principles appli- they rebelled, and by whose arms they were subcable to all the States recently in rebellion. dued. First. The seats of the senators and repre- Fourth. Having, by this treasonable withsentatives from the so-called Confederate States drawal from Congress, and by flagrant rebellion became vacant in the year 1861, during the and war, forfeited all civil and political rights second session of the Thirty-sixth Congress,by the and privileges under the Constitution, they can voluntary withdrawal of their incumbents, with only be restored thereto by the permission and the sanction and by direction of the legislatures authority of that constitutional power against or conventions of their respective States. This which they rebelled and by which they were was done as a hostile act against the Constitution: subdued. and Governmont of the United States, witha de- Fifth. These rebellious enemies were conquerclaired intent to overthrow the same by forming ed by the people of the United States, acting a southern coG.ledleration. This act of declared through all: the co-ordinate branches of the hostility was speedily {\oliwed by an organiza- Government, and not by the executive depart REPORTS ON 0 RECONSTRUCTION. 93' ment alone. The powers of conqueror are not stitutional form of gcvernment is thereby pracso vested in the President that he can fix and tically destroyed, and its powers absorbed in regulate the terms of settlement and confer the Executive. And while your committee co congression-al representation on conquered reb- not for a moment impute to the President any e!l and traitors. Nor can he, in any way, qualify such design, but cheerfully concede to him the enemuies of the Government to exercise its law- most patriotic motives, they cannot but look making power. The authority to restore rebels with alarm upon a precedent o t so faugt with to political power in the'ederal Government danger to the Republic. can be exercised only with the concurrence of Ninth. The necessity of providing adequate all the departments in which political power is safeguards for the future, before restoring the invested; and hence the several proclamations of surrectionary States to a participation in the the President to the people of the Confederate direction of public affairs, is apparent from the States cannot be considered as extending beyond bitter hostility to the Government and people of the purposes declared, and can only be regarded the United States yet existing throughout the as provisional permission by the commander-in- conquered territory, a. proved incontestably by chief of the army to do certain -acts, the effect the testimony of many witnesses and by unand validity whereof is to be determined by the disputed facts. constitutional government, and not solely by the Tenth. The conclusion of your committee executive power. therefore is, that the so-called Confederate States Sixth. The question before Congress is, then, are not at present entitled to representation in whether conquered enemies have the right, and the Congress of the United States; that, before shall be permitted at their own pleasure and on allowing such representation, adequate security their own terms, to participate in making laws for future peace and safety should be required; for their conquerors; whether conquered rebels that this can only be found in such changes of may change their theatre of operations from the organic law as shall determine the civil the battle-field, where they were defeated and rights and privileges of all citizens in all parts overthrown, to the halls of Congress, and, of the Republic, shall place representation on an through their representatives, seize upon the equitable basis, shall fix a stigma upon treason, Government which they fought to destroy; and protect the loyal people against future swhether the national treasury, the army of the claims for the expenses incurred in support of nation, its navy, its forts and arsenals, its whole rebellion and for manumitted slaves, together civil administration, its credit, its pensioners, with. an express grant of power in Congress to thie widows an orphans of those who perished enforce those provisions. To this end they offer in tle war, the public honor, peace and safety, a joint resolution for'amending the Constitution shall all be turned over to the keeping of its of the United States, and the two several bills. recent enemies without delay, and without im- designed to carry the same into effect, before posing such conditions as, in the opinion of referred to. Congress, the security of the country and its Before closing this report, your committee beg institutions may demand. leave to state that the specific recommendations Seventh. The history of mankind exhibits no submitted by them are the result of mutual conexample of such madness and folly. The in- cession, after a long and careful comparison of stinct of self-preservation protests against it. conflicting opinions. Upon a question of such The surrender by Grant to Lee, and by Sher- magnitude, infinitely important as it is to the man to Johnston, would have been disasters of future of the Republic, it was not to be expected less magnitude, for new armies could have been that all should think alike. Sensible of the imraised, new battles fought, and the Government perfections of the scheme, your committee subsaved. Tile anti-coercive policy, which, under mit it to Congress as the best they could agree pretext of avoiding bloodshed, allowed the re- upon, in the hope that its imperfections may be hellion to take form and gather force, would be cured, and its deficiencies supplied, by legislasurpassed in infamy by the matchless wickedness. tive wisdom; and that, when finally adopted, that would now surrender the halls of Congress it may tend to restore peace and harmony tc to those so recently in rebellion, until proper the whole country, and to place our republican precautions shall have been taken to secure the institutions on a more stable foundation. national fait, and the national safety. W. yFESENDEN, Eighth. As has been shown in this report, and JAIxs W. GrP-TEis, in the evidence submitted, no proof has been Ian aiiIs, afforded by Congress of a constituency in any J.. Io one of the so-called Confederate States, unless GEOPGE 1. TVITLIAMS we except.the State of Tennessee, qualified to T DDEU'TVIAM THiADDEUS STEVENS, elect Senators and Representatives in Congress. EnIHa B. WASIIURE, No State constitution, or amendment to a State JUsiE. Mon Ri E constitution, has had the sanction of thepeople. Js.. IPLI All the so-called legislation of State conventions RiscoE CONcLIGa, and legislature s as been had under militar GanOaE S. ONUTLIG, dictation. If the President may, at his wil, EI EY T. BLOW and under his own authority, whether as mili- tary commander or chief executive, qualify per- Ilgnority Report. sons to appoint Senators and elect Representa- June 22-Mr. JOHrsoN in the Senate and Mr. tives, and empower others to appoint and elect ROGERs in the House, submitted this them, he thereby practically controls the organi- REPORT zation of the legislative department. The cMn- The undersigned, a minority of the joint com 04 POLITICAL MANUAL. rmittee of the Senate and House of Representa- the Constitution was adopted. In each instance tives, constituted under the concurrent resolu- the State admitted has been "declared to be one tion of the 13th of December, 1865, making it of the United States, on an equal footing with their duty to "inquire into the condition of the the original St,atcs in all respects whatever." States which formed the so-called Confederate The Constitution, too, so far as most of the States of America, and to report whether they or powers itcontains are concerned, operates directly any of them are entitled to be represented in upon the people in their individual and aggreeither House of Congress, with leave to report by gate capacity, and on all alike. Each citizen, bill or otherwise," not being able to concur in therefore, of every State owes the same allethe measures recommended by the majority, or giance to the General Government, and is entiin the grounds upon which they base them, beg tied to the same protection. The obligation of leave to report: this allegiance it is not within the legal power In order to obtain a correct apprehension of, of his State or of himself to annul or evade. It the subject, and as having a direct bearing upon is made paramount and perpetual, and for that it, the undersigned' think it all important clearly very reason it is equally the paramount duty of to ascertain what was the effect of the late in- the General Government'to allow to the citizens surrection upon the relations of the States where of each State, and to the State, the rights seit prevailed to the General Government, and of cured to both, and the protection necessary to the people collectively and individually of such their full enjoyment. A citizen may, no doubt, States. To this inquiry they therefore first ad- forfeit such rights by committing a crime against dress themselves. the United States upon conviction of the same, First, as to the States. Did the insurrection where such forfeiture by law antecedently passed at its commencement, or at any subsequent time, is made a part of the punishment. But a State legally dissolve the connection between those cannot in its corporate capacity be made liable States and the General Government? In our to such a forfeiture, for a State, as such, under judgment, so far from this being a "profitless the Constitution, cannot commit or be indicted abstraction," it is a vital inquiry. For if that for a crime. No legal proceeding, criminal or connection was not disturbed, such States dur- civil, can be instituted to deprive a State of the ing the entire rebellion were as completely com- benefits of the Constitution, by forfeiting as ponent States of the United States as they were against her any of the rights it secures. Her before the rebellion, and were bound by all the citizens, be they few or many, may be proceeded obligations which the Constitution imposes, and against under the law and convicted, but the entitled to all its privileges. Was not this their State remains a State of the Union. To concede condition? that, by the illegal conduct of her own citizens, Tlhe opposite view alone can justify the denial she can be withdrawn from the Union, is virtuof such rights and privileges. That a State of ally to concede the right of secession. Fr what the Union can exist without possessing them is difference does it make as regards the result inconsistent with the very nature of the Gov- whether a State can rightfully secede, (a docernment and terms of the Constitution. In its trine, by-the-by, heretofore maintained by nature the Government is formed of and by statesmen North as well as South,) or whether Statespossessing equal rights and powers. States by the illegal conduct of her citizens she ceases unequal are not known to the Constitution.' In to be a State of the Union? In either case the its original formation perfect equality was se- end is the same. The only difference is that by cured. They were granted the same represen- the one theory she ceases by law to be such a tation in the Senate, and the same right to be State, and by the other by crime, without and represented in the Hlouse of Representatives; against law. But the doctrine is wholly errothe difference in the latter being regulated only neous. A State once in the Union must abide by a difference in population. But every State, in it forever. She can never withdraw from or be however small its population, was secured one expelled from it. A different principle would Representative in that branch. Each State was,subject the Union to dissolution at any moment. given the right, and the same right, to partici- It is, therefore, alike perilous and unsound. pate in the election of President and Vice Presi-.Nor do we see that it has any support in the dent, and all alike were secured the benefit of measures recommended by the majority of the the judicial department. The Constitution, too, committee. The insurrectionary States are by was submitted to the people of each State sep- these measures conceded to be States of the Union. arately, and adopted by them in that capacity. The proposed constitutional amendment is to be The convention which framed it considered, as submitted to them as well as to the other States. they were bound to do, each as a separate sov- In this respect each is placed on the same ground. ereignty, that could not be subjected to the To consult a State not in the Union on the proConstitution except by its own consent. That priety of adopting a constitutional amendment consent was consequently asked and given. The to the government of the Union, and which is equality, therefore, of rights was the condition necessarily to affect those States only composing of the original thirteen States before the Gov- the Union, would be an absurdity; *and to allow ernment was formed, and such equality was not an amendment, which States in the Union might only not interfered with, but guaranteed to desire, to be defeated by the votes of States not them as well in regard to the powers conferred in the Union, would be alike nonsensical and upon the General Government, as to those re- unjust. The very measure, therefore, of subserved to the States or to the people of the mitting to all the States forming the Union beStates. fore the insurrection a constitutional amendment, The same equality is secured to the States makes the inquiry, whether all at this time are which have been admitted into the Union since in or out of the Union, a vital one. If they are REPORTS ON REECO.NSTRUCTTION. 95 not, all should not be consulted; if they are, The idea that the war power, as such, has been they should be, and should be only because they used, or could have been used, to extinguish the are. The very fact, therefore, of such a sub- rebellion, is, in the judgment ofthe undersigned mission concedes that the Southern States are, utterly without foundation. That power was and never ceased to be, States of the Union. given for a different contingency-for the conTested, therefore, either by the nature of our tingency of a conflict with other governments, an Government or by the terms of the Constitution, international conflict. If it had been thought the insurrection, now happily and utterly sup- thtthat that power was to be resorted to to suppress pressed, has in no respect changed the relations a domestic strife, the words " appropriate to that of the States, where it prevailed, to the General object' would have been used. But so far from Government. On the contrary, they are to all this having been done, in the same section that intents and purposes as completely States of the confers it, an express provision is inserted to Union as they ever were. In further support of meet the exigency of a domestic strife or insurthis proposition, if it needed any, we may confi- rection. To subdue that, authority is given to dently appeal to the fact just stated, that the call out the militia. Whether, in the progress very measure recommended, a constitutional of the effort to suppress an insurrection, the amendment to be submitted to such States, fur- rights incident to war as between the United nishes such support; for, looking to and regard- States and foreign nations may not arise, is a ing the rights of the other States, such a sub- question which in no way changes the character mission has no warrant or foundation except of the contest as between the Government and the upon the hypothesis that they are as absolutely insurrectionists. The exercise of such rights States of the Union as any of the other States. may be found convenient, or become necessary It can never be under any circumstances a for the suppression of the rebellion, but the "profitless abstraction" whether under the Con- character of the conflict is in no way changed stitution a State is or is not a State of the Union. by a resort to them. That remains, as at first, It can never be such an abstraction whether the, and must from its very nature during its continpeople of a State once in the Union can volun- uance remain, a mere contest in which the Govtarily or by compulsion escape or be freed from ernment seeks, and can only seek, to put an end the obligations it enjoins, or be deprived of the to the rebellion. That achieved, the original rights it confers or the protection it affords. condition of.things is at once restoied. Two A different doctrine necessarily leads to a judicial decisions have been made, by judges of dissolution of the Union. The Constitution eminent and unquestioned ability, vwhich fully supposes that insurrections may exist in a State, sustain our view. In one, that'of Amy Warand provides for their suppression by giving wick, before the United States district court oJ Congress the power to "call forth the militia" Massacliusetts, Judge Sprague, referring to the for the purpose. The power is not to subjugate supposed effect of the belligerent rights which it the State within whose limits the insurrection was conceded belonged to the Government durmay prevail, and to extinguish it as a State, but ing the rebellion, by giving it, when suppressed, to preserve it as'such by subduing the rebellion, the rights of conquest, declared: by acting on the individual persons engaged in " It has been supposed that if the Government it, and not on the State at all. The power is have the right of a belligerent, then, after the altogether conservative; it is to protect a State, rebellion is suppressed, it will have the rights of not to destroy it; to prevent her being taken conquest; that a State and its inhabitants may out of the Union by individual crime, not, in be permanently divested of all political advanany contingency, to put her out orkeep her out. tages, and treated as foreign territory conThe continuance of the Union of all the quered by arms. This is an error, agrave and States is necessary to the intended existence of dangerous error. Belligerent rights cannot be the Government. The Government is formed exercised where there are no belligerents. Conby a constitutional association of States, audits quest of a foreign country gives absolute, unlimintegrity depends on the continuance of the ited sovereign rights, but no nation ever makes entire association. If one State is withdrawn such a conquest of its own territory. If ahosfrom it by any cause, to that extent is the Unidn tile power, either from without or within, takes dissolved. Those that remain may exist as a and holdspossession and dominion over anypoegovernment, but it is not the very government tion of its territory, and the nation, by force of the Constitution designs. That consists of all; arms, expel or overthrow the enemy, and supand its character is changed and its power is presses hostilities, it acquires no new title, and diminished by the absence of any one. merely regains the possession of that of which A different principle leads to a disintegration it has been temporarily deprived. The nation that must sooner or later result in the separation acquires no new sovereignty, but merely ma'inof all, and the consequent destruction of the tains its previous rights. Government. To suppose that a power to pre- "When the United States take possession of serve may, at the option of the body to which a rebel district, they merely vindicate their preit is given, be used to destroy, is a proposition existing title. Under despotic governments conrepugnant to common sense; and yet, as the fiscation may be unlimited, but under our Govlate insurrection was put down by means of ernment the right of sovereignty over oany portion that power, that being the only one conferred of a State is given and lizmited by the Constituupon Congress to that end, that proposition is tion, and will be the same after the war as it the one on which alone it can be pretended that was before.' the Southern States are not in the Union now In the other, an application for habeas corpses as well as at first, to Mr. Justice Nelson, one of the judges of the 96 POLITICAL MAN UAL. Snpreme Court of the United States, by James full enjoyment, of all her constitutional rights Egan, to be discharged from an imprisonment and privileges." to which he had been sentenced by a military Again, a contrary doctrine is inconsistent with commission in South Carolina; for the offence of the obligation which the Government is under murder alleged to have been committed in that to each citizen of a State. Protection to each is State, and the discharge was ordered, and, in an a part of that obligation-protection not only as opinion evidently carefully prepared, among against a foreign, but a domestic foe. To hold other things, said: that it is in the power of any part of the people "For all that appears, the civil local courts of of a State, whether they constitute a majority the State of South Carolina were in the full ex- or minority, by engaging in insurrection and ercise of their judicial functions at the time of adopting any measure in its prosecution to snake this trial, as restored by the suppression of the citizens who are not engaged in it, but opposed rebellion, some seven months previously, and to it, enemies of the United States, having no by the revival of the laws and the reorganiza right to the protection which the Constitution tion of the State in obedience to, and in confer- afiords to citizens who are true to their allemity with, its constitutional duties to the Union. giance, is as illegal as it would be flagrantly unIndeed, long previous to this the provisional just. During the conflict the exigency of the government had been appointed by the Presi- strife may justify a denial of such protection, dent, who is commaider-in-chlef of the army and subject the unoffending citizen to inconveand navy of the United States. (and whose will nience or loss; but the conflict over, the exigency under martial law constituted the only rule of ceases, and the obligation to afford him all the action,) for the special purpose of changing the immunities and advantages of the Constitution, existing state of things, and restoring the civil one of which is the right to be represented in government over the people. In operation of Congress, becomes absolute and imperative. A this appointment, a new constitution had been different rule would enable the Government to formed, a governor and legislature elected under escape a clear duty, and to commit a gross vioit and the'tate plcaced in the full enjoyment, or lation of the Constitution. It has been said that entitled to the full enjoyment, oqf dll her constitu- the Supreme Court have entertained a different tional rights and privileges. The constitutional doctrine in the prize cases. This, in the judg. laws of the Union were thereby enjoyed and ment of the undersigned, is a clear misappreobeyed, and were as authoritative and binding hension. One of the questions in those cases over the pecple of the State as in any other was, whether in such a contest as was being portion of the country. Indeed, the moment waged for the extinguishment of the insurrecthe rebellion was suppressed, and the govern- tion, belligerent rights, as between the United ment growing out of it subverted, the ancient States and other nations, belonged to the former. laws resuined their accustomed sway, subject only The Court properly held that they did; but the to the ntew reorganization by the appointment of parties engaged in the rebellion were desigthe proper officer to give thiemoperation andeffeect. nated as traitors, and liable to be tried as traiThis organizatio-n and appointment of the public tors when the rebellion should terminate. If functionaries, which bwas under the superinten- the Confederate States, by force of insurrection, lence and direction of the President, the com- became foreign States and lost their character as mnander-in-chief of the army and navy of the States of the Union, then the contest was an incountry, and who, as such, had previously gov- ternational one, and treason was no more comerned the State, from imperative necessity, by mitted by citizens of the former against the latter, the force of martial law, had already taken' than by those of the latter against the former. place, and the necessity no longer existed." Treason necessarily assumes allegiance to the This opinion is the more authoritative than it government, and allegiance necessarily assumes might possibly be esteemed otherwise, from its a continuing obligation to the government. being the first elaborate statement of the rea- Neither predicament was true, except upon the sons which governed the majority of the Supreme hypothesis that the old state of things continued. Court at the last term in their judgment in the In other words, that the States, notwithstandcase of Milligan and others, that military com- ing the insurrection, were continuously, and are missions for the trial of civilians ae not consti- now, States of the United States, and their cititutional. Mr. Justice Nelson wa; one of that zens responsibleto the Constitution and thelaws. majority, and of course was advised of the Second: what is there, then, in the present poligrounds of their decision. We submit that tical condition of such States that justifies their nothing could be more conclusive in favor of exclusion from epresentation in Congress? Is the doctrine for which they are cited than these it because they are without organized, governjudgments. In. the one, the preposition of ments, or without governments republican in conquest of a State as a right under the war to point of form? In fact, we know that.they suppress the insurrection is not only repudiated have governments completely organized with by Judge Sprague, but, because of the nature of legislative, executive, and judicial functions. our Government, is considered to be legally im- We know that they are now in successful operapossible. " The right of sovereignty over any tion; no one within their limits questions their portion of a State will," he tells us, "only be legality, or is denied their protection. How the same after the war as it wasbefore." In the they were formed, under what auspices they other, we are told " that the suppression of the were formed, are inquiries with which Congress rebellion restores the courts of the State," and has no concern. The right of the people of a that when her government is reorganized she at State to form a government for themselves has once is "in the full enjoyment, or entitled to the never been questioned. In the absence of any. o .REPORTS ON RECONSTRUCTION. O7 striction that right would be absolute; any form admission into the Union, no one has ever precould be adopted that they might determine up- tended that when that is had, the State can again on. The Constitution imposes but a-single re- be brought within its influence. The power is striction-that the government adopted shall be exhausted when once executed, the subject forth"of a republican form," and this is done in the with passingoutofitsreach. The State admitted obligation to guarantee every State such a form. like the original thirteen States, becomes at once It gives no power to frame a constitution for a and forever independent of congressional control. State. It operates alone upon one already A different view would change the entire characformed by the State. In the words of the Fed- ter of the Government as its framers and their eralist, (No. 44,) "it supposes a pre-existing contemporaries designed and understood it to be, government of the form which is to be guaran- They never intended to make the State governteed." It is not pretended that the existing ments subordinate to the General Government. governments of the States in question are not of Each was to move supreme within its own orbit; the required form. The objection is that they but as each would not alone have met the exigenwere not legally established. But it is confi- cies ofa government adequate to all the wants of dently submitted that that is a matter with the people, the two, in thelanguage of Mr. Jefferwhich Congress has nothing to do. The power son, constituted "co-ordinate dpartments of one to establish or modify a State government be- single and integral whole;" the one having the longs exclusively to the people of the State. power of legislation and administration "in affaitr When they shall exercise it, how they shall ex- which concerned their own citizens only;" the ercise it, wThat provisions it shall contain, it is other, "whatever concerned foreigners, or citizens their exclusive right to decide, and when decid- of other States." Within their respective limits ed, their decision is obligatory upon everybody, each is paramount. The States, as to all powers and independent of all congressional control, if not delegated to the General Government, are as such government be republican. To convert an independent of that government as the latter, in obligation of guarantee into an authority to in- regard to all powers that are delegated to it, is terfere in any way in the formation of the gov- independent of the governments of the States. erlinent to be guaranteed is to do violence to The proposition, then, that Congress can, by forci language. If it be said that the President did or otherwise, under the war or insurrectionary illegally interfere in the organization of such or any other power, expel a Statefror theUnion, governments, the answers are obvious: First. or reduce it to a territorial condition and govern If it was' true, if the people of such States not it as such, is utterly without foundation. The only have not, but do not, complain of it, but, on undersigned deem it unnecessary to examine the the contrary, have pursued his advice, and are question further. They leave it upon the obser-' satisfied with and are living under the govern- vations submitted, considering it perfectly clear ments they have adopted, and those govern- that States, notwithstanding occurring insurrecmehts are republican in form, what right has tions, continue to be States of the Union. Congress to interfere or deny their legal exist- Thirdly. If this is so, it necessarily follows ence? Second. Conceding, for argument's that the rights of States under the Constitution, sake, that the President's alleged interference as originally possessed and enjoyed by them, are was unauthorized, does it not, and for the same still theirs, and those they are now enjoying, as reason, follow that any like interference by far as they depend upon the executive and juCongress would be equally unauthorized? A dicial departments of the government. Byeach different view is not to be maintaihed because of of these departments they are recognized as the difference in the nature of the powers con- States. By the one, all officers of the gcovernferred upon Congress and the President, the one ment required by law to be appointed in such being legislative and the other executive; for it States have been appointed, and are discharging, is equally, arid upon the same ground, beyond without question, their respective functions. the scope of either to form a government for a By the other they are, as States, enjoying the people of a State once in the Union, or to expel benefit, and subjected to the powers of that desuch a State from the Union, or to deny, tempo- partment; a fact conclusive to show that, in the rarily or permanently, the rights which belong estimation of the judiciary, they are, as they to a State and lier people under the Constitu- were at first, States of the Union, bound by the tion. laws of the Union, and entitled to all the rights Congress may admit new States, but a State incident to that relation. And yet, so far th6i once admiitted ceases to be within its control, are denied that right which the Constitutior and can never lagain be brought within it. What properly esteems as the security oI all the changes her people may at any time think proper others that right, without which go5uerInment to Snake in her constitution is a matter with which is anything but a republic-is ineieed but a tyneither Congress nor any department of the ranny-the right of having a voice n the iegisGeneral Government can interfere, unless such lative department, whose laws bipnd thern in p.erchanges make the State government anti-repub- son and in property;-this, it is submitted, is a lican, and then it can only be done under the ob- state of things without example in a represntaligation to guarantee that it be republican. tive republican government; and Congress, as Whatever may be the extent of the power con- long as it denies this right, is a mere despotism. ferred upon Congress in the 3d section, article 4, Citizens may be made to submit to it by force, of the Constitution, to admit new States-in whiat or dread of force, but a fraternal spirit and. good. manner and to what extent they can, under that feeling toward those who impose it, so important, power, interfere in the formation and character to the peace and prosperity of the country,> are of.the Constitution of a.u h t^e. preliminary to not to be hoped for, b it e. uier gnhapi'.os 7 98 POLITICAL MANUAL. dissatisfaction, and enmity.. There is but one given for reflection, that this decision has been a ground on which such conduct can find aly ex- fortunate onefor the whole coentry, they receivcuse-a supposed public necessit.y; the peril of ing the like benefits from it with those who opdestruction to which the government would be posed them in the field and in the cause. * * subjected, if the right was allowed. But for My observations lead me to the conclusion such a supposition there is not, in the opinion that the citizens of the southern States are anxof the undersigned, even a shadow of founda- ious to return toself-government within the Unaion tion. as soon as possible; that while reconstructing, The representatives of the States in which they want and requireprotection from the Govthere was no insurrection, if the others were ernmzent; that they are in earnest in wishing to represented, would in the Iouse, under the do what they think is required by the Governpresent apportionment, exceed the latter by a nent, not humiliating to them as citizens; and majority of seventy-two votes, and have a that if such a course was pointed out, they decided preponderance in the Senate. What would pursue it in good' faith. t is to be redanger to the Government, then, can possibly gretted that there cannot be a greater commingarise from southern representation? Are the ling at this time between the citizens of the two present Senators and Representatives fearful of sections, and particularly of those.intrusted with themselves? Are they apprehensive that they the law-makingpower. might be led to the destruction of our institu- Secession, as a practical doctrine ever heretions by the persuasion, or any other influence, after to be resorted to, is almost utterly abanof southern members?'How disparaging to doned. It was submitted to and failed before themselves is such an apprehtnsion. Are they the ordeal of battle. Nor can the undersigned apprehensive that those who may, succeed them imagine why, if its revival is anticipated as posfrom their respective States may be so fatally sible, the committee have not recommended an led astray? -low disparaging is that supposi- amendmenttothe Constitution guarding against tion to the patriotism and wisdom of their con- it in terms. Such an amendment, it cannot be estituents. Whatever effect on mere party suc- doubted, the southern as wellas northern States -cess in the future such a representation may would cheerfully adopt. The omission of such hamve we shall not stop to inquire. The idea a recommendation is pregnant evidence that that the country is to be kept in turmoil, States secession, as a constitutional right, is thought to he reduced to bondage, and their rights under by the majority of the committee to be, practithe Constitution denied, and their citizens de- cally, a mere thing of the past, as all'the proof graded, with a view to the continuance in power taken by them shows it to be, in the opinion of of:a'mere political party, cannot for a moment all the leading southern men who hitherto enbe entertained without imputing gross dishonesty tertained it. The desolation a.iound them, the of purpose and gross dereliction of duty to those hecatombs of their own slain, the stern patriotwho mav entertain it. Nor do we deem it neces- ism of the men of the other States, exhibited by sary to refer particularly to the evidence taken unlimited expenditure of treasure and of blood, by the committee to show that there is nothing and their love of the Union so sincere and deepin the present condition of the people of the seated that it is seen they will hazard all to southernz States that even excuses on that ground maintain it, have convinced the South that, as a denial of representation to them. We content a practical doctrine, secession is extinguished ourselves with saying that in our opinion the forever. State secession, then, abandoned, and evidence most to be relied upon, whether regard- slavery abolished by the southern States theming the character of the witnesses or their means selves, or with their consent, upon what statesof information, shows that representatives from manlike ground ean such States be denied all the southern Stateswould prove perfectly loyal. the rights which the Constitution secures to We specially refer for this only. to the testimony States of the Union? All admit that to do so of Lieutenant General Grant. His loyalty anid at the earliest period is dema.nded by every conhis intelligence no one can doubt. In his letter sideration of duty and policy, and none deny to the President of the 18th of December, 1865, that the actual interest of the country is to after he had recently visited South Carolina, a great extent involved in such admission. North Carolina, and Georgia, he says: The staple productions of the Southern States " Both, in travelling and while stop2ping, Isaw are as important to the other States as to themmuch and conversed freely with the citizens of selves. Those staples largely enter into the those States, as well as with officers of the army wants of all alike, and they are also most imwho have been amonlg theem. The following are portant to the financial credit of the Governthe conclusions come to by me: ment. Those staples will never be produced as "I am satisfied'that the nmass of thicinng men in the past until real peace, resting, as it An of the South accep the present situation of af- alone rest, on the equal and uniform operation fairs in good faith. The questions which lhave of the Constitution and laws on all, is attained. heretofore diviled the sentiments of the people To suppose that a brave and sensitive people of the two sections slavery and State rights, will give an undivided attention to the increase or the right of a State to secede from the Union of mere material wealth while retained in a state -they regard as having been settled forever by of political inferiority and degradation is mere the highest tribunal, arms, that man can resort folly. - They desire to be again in the Union, to to. Iwvas.pleased to learn fromthe leading q ene enjoy the benefits of the Constitution, and they whom I net that they not only accepted. the de- invoke youtoreceivethem. They have adopted cisi6n arrived at as finad, but that now,'the smoke constitutions free from any intrinsic objection, of battle has cleared acwcay and time has been and have agreed to every stipulation thoughtby REPORTS ON RECONSTRUCTION. 99 tlie President to be necessary for the protection To force negro suffrage upon any State by means and benefit of all, and in the opinion of the un- of a penalty of a loss of part of its representadersigned they are amply sufficient. Why ex- tion, will not only be to impose a disparaging act, as a preliminary condition to representa- condition, but virtually to interfere with the tion, more? What more are supposed to be clear right of each State to regulate suffrage for necessary? First, the repudiation of the rebel itself, without the control of the Government of debt; second, the denial of all obligation to pay the United States. Whether that control he ex. ~for manumitted slaves; third, the inviolability erted directly or indirectly, it will be considered, of our own debt. If these provisions are deemed as it is, a fatal blow to the right which every necessary, they cannot be defeated, if the South State in the past has held vital, the right to were disposed to defeat them, by the admission regulate her franchise. into Congress of their representatives. Nothing To punish a State for not regulating it in a is more probable, in the opinion of the under- particular way, so as to give toall classes of the signed, than that many of the southern States people the privilege of suffrage, is but, seeking to would adopt them all; but those measures the accomplish incidentally what, if it should be done committee connect with others which we think at all, should be done directly. No reason, in the people of the South will never adopt. They the view of the undersigned, can be suggested are asked to disfranchise a numerous class of their for the course adopted, other than a belief that citizens, and also to agree to diminish their rep- such a direct interference would not be sancresentation in Congress, and of course in the elec- tioned by the northern and western States, toral college, or to admit to the right of suffrage while, as regards such States, the actual recomtheir colored males of twenty-one years of age mendation, because of the small proportion of and upwards, (a class now in a condition of negroes within their limits, will not in the least almost utter ignorance,) thus placing them on lessen their representative power in Congress or the same political footing with white citizens of their influence in the presidential election, and thatage. For reasons so obvious that the dullest they may therefore sanction it. This very inemay discover them, the right is not directly as- quality in its operation upon the States renders serted of granting suffrage to the negro. That the measure, in our opinion, most unjust, and, would be obnoxious to most of the Northern and looking'to the peace and quiet of the country, Western States, so much so that their consent most impolitic. But the mode advised is also was not to be anticipated; but as the plan adopt- not only without but against all precedent. ed, because of the limited number of negroes in When the Constitution was adopted it was such States, willhaveno effect on their represent- thought to be defective in not sufficiently proation, it is thought it may be adopted, while in tecting certain rights of the States and the peothe southern States it will materially lessen their ple. With the view of supplying a remedy for number. That these latter States will assent to this defect, on the 4th March, 1789, various the measure can hardly be expected. The effect, amendments by a resolution constitutionally then, if notthe purpose, ofthe measure is forever passe'd by Congress were submitted for ratificato deny representatives to such States, or, if they tion to the States. They were twelve in numconsent to the condition, to weaken their repre- her. Several of them vwere even less indepensentative power, and thus, probably, secure a dent of each other than are those recommended continuance of such a party in power as now by the committee. But it did not occur to thecontrol the legislation of the Government. The men of that day that it was right to force the measure, in its terms and its effect, whether de- States to adopt or reject all. Each was, theresigned or not, is to degrade the southern States. fore, presented as a separate article. The lanTo consent to it will be to consent to their own guage of the resolution was, "that the followdishonor. ing articles be proposed to the legislatures of the The manner, too, of presenting the proposed several States as amendments of the Constitution constitutional amendment, i; the opinion of the of the United States, ALL OR ANY OF WHICH undersigned, is impolitic and without precedent. ARTICLES, when ratified by three-fourths of the The several amendments suggested have no con- said legislatures, to be valid to all intents and nection with each other; each, if adopted, would purposes as parts of the Constitution. The Conhave its appropriate effect if the others were re- gress of that day was willing to obtain either jected; and each, therefore, should be submitted of the submitted amendments-to get a part, if as a separate article, without subjecting it to the not able to procure the whole. They thought contingency of rejection if the States should refuse (and in that we submit they but conformed to to ratify the rest. Each by itself, if an advisa- the letter and spirit of the amendatory clause of ble measure, should be submitted to the people, the Constitution,) that the people have the right and not in such a connection with those which to pass severally on any proposed amendments. they may think unnecessary or dangerous as to This course of our fathers is now departed from, force them to reject all. The repudiation of the and the result will probably be that no one of rebel debt, and all obligation to compensate for the suggested amendments, though some may be the loss of slave property, and the inviolability approved, will be ratified. This will certainly of the debts of the Government, no matter how be the result, unless the States are willing practicontracted, provided for by some of the sections cally to relinquish the right they have always of the amendment, we repeat, we believe would enjoyed, never before questioned by any recogmeet the approval of many of the southern nized statesman, and all-important to their inStates; but these no State can sanction without terest and security-the right to regulate the sanctioning others, which we think will not be franchise in all their elections. done by them or by some of the northern States. There are, too, some general considerations 100 POLITICAL MANUAL. that bear on the subject, to which we will now proclamations of amnesty issued by Mr. Lincoln refer. and his successor under the authority of Congress First. One of the resolutions of the Qhicago are also inconsistent with the idea that the convention, by which Mr. Lincoln was first nomi- parties included within them are not to be held, iated for the presidency, says, "that the main- in the future, restored to all rights belonging to tenance inviolate of the rights of the iStates is es- them as citizens of their respective States. A eential to the balance of power on which the power to pardon is a power to restore the offender prosperity and endurance of our political fabric to the condition in which he was before the date depend." In his inaugural address of 4th March, of the offence pardoned. 1861, which received the almost universal appro- It is now settled that a pardon removes not val of the people, among other things he said, only the punishment, but all the legal disabili"*no State of'its own mere motion can lawfully ties consequent on the crime. (7 Bac. Ab. Tit. get out of the Union;" and that " in view of the Par.) Bishop on Criminal Law (vol. 1, p. 713) Constitutioa ard the laws, the Union is un- states the same doctrine. The amnesties so debroken, and to the extent of my ability I shall clared would be but false pretences if they were, take care, as the Constitution itself expressly on- as now held, to leave the parties who have joins upon me, that the laws of the Union be availed themselves of them in almost every pa-rfaithfully executed in all the.States." ticular in the condition they would have been Second. Actual conflict soon afterwards en- in if they had rejected them. Such a result, it Fusd. The South, it was believed, misapprehend- is submitted, would be a foul blot on the good ed the purpose of the Government in carrying name of the nation. Upon the whole, therefore, it on, and Congress deemed it imporant to dis- in the present state of the country., the excitepel that misapprehension by declaring what the ment which exists, and which may mislead legispurpose was. This was done in July, 1861, by latures already elected, we think that the their passing the following resolution, offered by matured sense of the people is not likely to be M-r. Crittenden: "That in this national emer- ascertained on the subject of the proposed gency, Congress, banishing all feeling of mere amendment by its submission to existing State passion or resentment, will recollect only its legislatures. If it should be done at all, the'duty to the whole country; that this war is not submission should either be to legislatures herewaged, upon our part, in any spirit of oppression,.after totbe elected, or to conventions of the peonor for any purpose of conquest or subjugation, pie chosen for the purpose. Congress may select nor purpose of overthrowing or interfering with either mode, but they have selected neither. It the rights or established institutions of tlose may be submitted to legislatures already in exStates, butto defend and maintain the supremacy istence, whose members were heretofore elected of the Constitution, and to preserve the Union, with no view to the consideration of such a with all the dignity, equality, and rights of the measure; and it may consequently be adopted, several States unimpaired; that assoon as these though a majority of the people of the States objects are accomplished, the war ought to cease." disapprove of it. In this respect, if there were The vote in the House was 119 for and 2 against no other objections to it, wo think it most obit, aind in the Senate 30 for and 5 against it. The jectionable. design to conquer or subjugate, or to curtail or Whether regard be had to the nature or the interfere in any way with the rights of the States, terms of the Constitution, or to the legislation is in the strongest terms thus disclaimed, and the of Congress during the insurrection, or to the only avowed object asserted to be." to defend course of the judicial department, or to the conand maintain the spirit of the Constitution, and duct of the executive, the undersigned confi-'oe preserve the Union, AND THE DIGNITY, EQUAL- dently submit that the southern States are ITY, AND R IGNETS OF THE SEVERAL STATES UNIM- States in the Union, and entitled to every right PAIRED." Congress, too, bythe actof 13th July, and privilege belonging to the other States. If 1861, empowered the President to declare, by any portion of their citizens be disloyal, or are proclamation " that the inhabitants of such State not able to take any oath of office that has been or States where the insurrection existed are in a or may be constitutionally prescribed, is a quesstate of insurrection against the United States," tion irrespective of the right of the States to be and thereupon to declare that " all commercial represented. Against tie dcaner, whatever intercourse by and between the same, by the that may be, of the admission of disloyal or discitizens thereof and the citizens of the United qualified members into the Senate or House, it States, shall cease and be unlawful so long as is in the power of each bl)anch to provide against.such condition/iof hostility shall continue." Here, by refusing such admission. Each by the Con-;Ilso, Congress evidently deals with the States as stitution is made the judge of the election re-'being in the Union and to remain ii the Union. turns and qualifications of. its own members. It seeks to keep them in by forbidding comnmer- No other department can interfere with it. Its cial intercourse between- their citizens and the decision concludes all others. The only correccitizens of the other States so long, and so long tive, when error is committed, consists in the re-'.only, as insurrectionary hostility shall continue. sponsibility of the members to the people. But That ended, they are tobe, as at first, entitled to it is believed by the undersigned to be the clear the same intercourse with citizens of other States duty of each house to admit any Senator or Repthat they enjoyed before the insurrection. In resentative who has been elected according to;other words, in this act, as in the resolution of the constitutional laws of the State, and who is.the same month, the dignity, equality, and rights able and willing to subscribe the oath required,of such States (the insurrection ended) were not by constitutional law. to be held in any respect impaired. The several It is conceded by the majority that "it would REPORTS ON RECONSTRUCTIOJN. 101 undoubtedly be competent for Congress to waive of time; while its opposite cannot fail to keep all formalities, and to admit those Confederate us divided, injuriously affect the particular and States at once, trusting that time and experience general welfare of citizen and Government, and, would set all things right." It is not, therefore, if long persisted in, result in danger to the nation. owing to a want of constitutional power that it In the words of an eminent British whig statesis not done. It is not because such States are man, now no more, "A free constitution and not States with republi an forms of government. large exclusions from its benefit cannot subsist The exclusion must therefore rest on considera- together; the constitution will destroy them, or tions of safety or of expediency alone. The first, they will destroy the constitution." It is hoped that of safety, we hacve already considered, and, that, heeding the warning, we will guard as we think, proved it to be without foundation. against the peril by removing its cause. Is there any ground for the latter expediency? The undersigned have not thought it necesWe think not. On the contrary, in our judg- sary to examine into the legality of the measures ment, their admission is called for by the clearest adopted, either by the late or the present Presexpediency. Those States include a territorial ident, for the restoration of the southern States. area of 850,000 square miles, an arealarger than It is sufficient for their purpose to say that, if that of five of the leading nations of Europe. those of President Johnson were not justified by They have a coast line of 3,000 miles, with an the Constitution, the same may at least be said internal water line, including the Mississippi, of of those of his predecessor. We deem such an about 36,000 miles. Their agricultural products examination to be unnecessary, because, however in 1850 were about $560,000,000 in value, and it might result, the people of the several States their population 9,664,656. Their staple pro- who possessed, as we have before said, the exductions are of immense and growing importance elusive right to decide for themselves what and arealmost peculiarto thatregion. That the constitutions they should adopt, have adopted North is deeply interested in having such a those under which they respectively live. The country and people restored to all the rights and motives of neither President, however, whether privileges that the Constitution affords no sane the measures were legal or not, are liable to man,iot blinded by mere party considerations, censure. The sole object of each was to effect or not a victim of disordering prejudice, can for a complete and early union of all the States; amomentdoubt. Such arestoration is alsoneces- to make the General Government, as it did at sary to the peace of the country. It is not only first, embrace all, and to extend its authority important but vital to the potential wealth of and secure its privileges and blessings to all which that section of our country is capable, alike. The purity of motive of President Johnthat cannot otherwise be fLlly developed. Every son in this particular, as was to have been exhour of illegal politicalrestraint, every hour the pected, is admitted by the majority of the possession of the rights the Constitution gives is committee to be beyond doubt; for, whatever denied, is not only in a political but a material was their opinion of the unconstitutionality of sense of great injury to the North as well as to his course, and its tendency to enlarge the exthe South. The southern planter works for his ecutive power, they tell us that they "do not northern brethren as well as for himself. His fora moment impute to him any such design. labors heretofore inured as much if not more to but cheerfully concede to him the most patriotic their advantage than to his. Whilst harmony motives." And we cannot forbear to say, ill in the past between the sections gave to the whole conclusion, upon that point, that he sins against a prosperity, a power, and a renown of which light, and closes his eyes to the course of the every citizen had reason to be proud, the resto- President during the rebellion, from its incepration of such harmony will immeasurably in- tion to its close, who ventures to impeach his crease them all. Can it, will it be restored as patriotism. Surrounded by insurrectionists, he long as the South is kept in political and dishon- stood firm. His life was almost constantly ia oring bondage? and can it not, will it not be re- peril, and he clung to the Union, and discharged stored by an opposite policy? By admittingher all the obligations it imposed upon him, even to all the rights of the Constitution, and by deal- the closer because of the peril. And now that ing with her citizens as equals and as brothers, he has escaped unharmed, and by the confidence not as inferiors and enemies, such a course as of the people has had devolved upon him the this will, we are certain, soon be seen to bind executive functions of the Government, to charge them heart and soul to the Union, and inspire him with disloyalty is either a folly or a slander: them with confidence in its government, by folly in the fool who believes it; slander ini making them feel that all enmity is forgotten, and the man of sense, if any such there be, who that justice is being done to them. The result of utters it. such a policy, we believe, will at once make us REVERDY JOHNEON, in very truth one people, as happy,, as prosper- A. J. ROGERS, ous, and as powerful as ever existed in the tide HENRY GRIIDEB, VIII. VOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. The Constitutional Amendment, as Finally tion or rebellion against the same, or given aid Adopted and Submitted to the Legislatures or comfort to the enemies thereof. But Conof the States. gress may, by a vote of two-thirds of each IN SENATE. house, remove such disability. 1866' June 8-The Amendment in these words, SEC. 4. The validity of the public debt of the 4s finally amended, was brought to a vote: United States, authorized by law, including debts incurred for payment of pensions a.nd Joint resolutibn proprsing an amendment to the debts incurred for payment of pensions an JointConsttion o the United States. bounties for services in suppressing insurrection Constit n o e U d S s or rebellion, shall not be questioned. But neiResolved by the Senate and House of Repre- ther the United States nor any State shall assentatives'of the United States of Asmerca it sume or pay any debt or obligation incurred in Congress assembled, (two-thirds of both Iouses id of insurrection or rebellion against the Uniconcurring,) That the following article be pro- ted States, or any claim for the loss or emanciposed to the legislatures of the several States pation of any slave; but all such debts, obliga as an amendment to the Constitution of the tions and claims shall be held illegal and void. United States, which, when ratified by three- SC.. The Congress shall have power s enfourths of said legislatures, shall be valid as force, by appropriate legislation, the provisions part of the Constitu;ion, namely: of this article ARTICLET 14. It passed-yeas 33, nays 11, as follow: SECTION 1. All persons born or naturalized in YEAS-Messrs. Anthony, Chandler, Clark, Conness, Crathe United States, and subject to the juris~tic- gin, Creswell, Edmunds, Fessenden, Foster, Grimes, Harris, iHenderson, l oward I-owe. Kirkwood. Lane of Kansas, Lane tion thereof, are citizens of the United States of Tndiana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramand of the State wherein they reside. No State sey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, shall make or enforce any law which shall NilleyWillimssrs. o n, Datess, Gute, 3en Navs —Messrs. Cowan, Davis, Doolittle, Guthrie, _ ien. abridge the privileges or immunities of citizens dricks, Johnsoz, McDougall, Norton, Riddle, Saulsbury, of the United States; nor shall any State de- Van Winlle-11. ABSENT —Messrs. Brown, Buckalew, a Dixon, Nesmith, prive any person of life, liberty, or property, wAight-. without due process of law, nor deny to anyperson within its jurisdiction the equal protection I HO of the laws. June 13-The Amendment passed-yeas 138, SEc. 2. Representatives shall be apportioned nays 36, as follow: among the several States according to their res- YEAs-Messrs. Alley, Allison, Ames, Anderson, Delos R. puective numbers, counting the whole number of Ashley, James M. Ashley, Bakelr,Baldwin. Banks, Barker, ectie numbers, counting the whole number Baxter, Beaan, Benjamin, Bidwell Bingham, Blaine, Blow, persons in each State, excluding Indians not Boutwell, Brandegee, Bromwell, Broonlall, Buckland, Buntaxed.' But when the -right to vote at any elec- dy, Reader W. Clarlie, Sidney Clarke, Cobb, Conkling, Cook, tion for the choice of electors for President and Dillo,Dodge, Donnelly, Driggs, Dumots, Ekleno, Demingg Dixon, Dodge, Donnelly, Driggs, Dument, Eckley, Eggleston, Vice-President of the United States, representa- iliot, Farnsworth, FarquhaalFerry, Garfield, Griinell, Gristives in Congress, the executive and judicial avoidHaleAbnerC ldinlgart, layes, rendersonfIgofficers of a State, or the members of the legis- by, Holmnes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester officers D. Hubbard, Domas Hubbard,jr., John 11. Hubbard, James R. lature thereof, is denied to any of the male in- Hublbell, Hullburd, Ingersoll, Jenckes, Julian, Kasson, Kelhabitants of such State, being twenty-one years ley, Helso, Ketcham, Iuykendall, Laflin, Iatlla, George citizens of the United tates, or V. Lawrence, William Lawrence, Loan, Longyear, Lynch, of age, and citizens of the United States, or in Marston, Marvin, McClurg, McKee, McRuer, Mercnr, Miller, any way abridged, except for participation in Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, rebellion or other crime, the basis of representa- Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pome-n tion therein shall be reduced in the proportion roy, Price, William II. Randall, Raymond, Alexander IH. tion therein shall be relduced inR the proportion ice, John HI. Rice, ollins, Sawyer, Schenck, Scofield, which the number of such male citizens shall Shellabarger, Sloan, Smith, Spalding, Stevens, Stillwell, bear to tle whole number of male citizens twenty- Thayer, Francis Thonas, Jolln L. Thomas, Trowbridge, Upone years of age in such State. son, Van Sernam, Burt Van IIorn, Rol-ert T. Van IHorn one years oI age in such bState. Ward, Warner, Ellihu B. Viaslhburne, Henry D. Washburn, SEC. 3No person shall be a senator or rep- William B. Washburn, Weller, Wenitworth, Whaley, Wilresentative in Congress, or elector of President liams, James F. Wilson, Stephen F. Wilson, Windom, Woodand Vice-President, or hold any office, civil or Nsbrid -esrs. tAncona, Bergen, Boyer, Chtaple, Ceq-eoth, military, under the United States, or under any Dawson, Denison, Eldridge, Finck, Glossli'einer, (rider, State, who, having previously taken an oath, as Aaion larding, ogau, Edwin N. Hlbbell, Jantes AL IisnG a member of Congress, or as an officer of the phrey, Johnson, IKerr, Le Blond, Marshall, McCullough, amember of Congress, o r as an ofmer oxfa the -Niblack7, Nicholson, Radford, Sasmuel J. Randall,' itter, United States, or as a member of any State le- Bogers, Boss, Shanlklin, Sitgreaves, Strouse, Taber, Taylor, gislature, or as an executive or judicial officer of ihornton, T risble, Wiifield, iigh t —36. any State, to support the Constitution of the NOT JmeVOump essrs. enclnd, Goe,.o6r, IorsaurSt, 11rJames Tumphrey, Jones, Mclndoe, Nhell, Rousseau, StarrUnited States, shall have engaged in insurrec- 1o. 102 VOTES ON CONSTITUTIONAL AMENDMENTS, 103 Proliminary Proceedings. YEAS —Messrs. Allison, Ames, Anderson, Banks, Baxter, Prior to the adoption of the joint resolution Bidwell, Boutwell, Bromwell, Broomall, U7ianler, Reader W. Prior to te adoption of the joCint resolution larke, Sidney Clarke, Cobb, Conklinu. Cook, Defrees, Dixon, in the form above stated, these reports were Driggs, Dumont Eckley, Eggleston, Eldritye, Eliot, Grider, made from the Joint Committee, and these votes Girinell, Aaron E1arding, Abner C. Harding, Harris, Hart weretaken In the to - o sI Higby, Holmnes, IHooper, Hotchkiss. Asahel W. Hubbard, were taken in the two Hluuses: Demas Hubbard, Iigersoll, Julian, Kelley, Kelso, Ierr, WilI: Hlou.SE. liam Lawrence, Le Blond, Loan, Lynch, Marston, McClurg, McCullough, McIndoe, Mercur, Morrill, Moulton,.1Aiblack,April 30-Mr. Stevens, from the Joint Select ONiNell, Olth, Paine Patterson Perhain, Pike, Price, John H. Committee on Reconstruction reported a joint Rice, tter, gers, Rollins, Ross, Rousseau, Sawyer, fSchenck, Scofield, Shanklin Shellabargar, Spalding, Stevens, resolution, as follows: Francis Thomas, John L. Thomas, Thornton, Trowbridge, A joint resolution proposing an amendment Ulpson, Ward, Ellihu B.Washburne, Welker, JamesF.Wilto the Constitution of the United States. son Stephen F. Wilson, Widom, oodbridge-84. Be i' resoved, 7 ( tI wo -t hi of b. TT Houses.NAYS-Messrs. Alley, Ancona, Delos R. Ashley James M. Be it resolved, (&c., (two-thirds of both Houses Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, e-ergen, coUcurring,) That the following article be pro- Bingham, Blaine, Blow, Boyer, Buckland, Bundy, Coffroth, posed to the legislatures of the several States as Cullo Darlig, Davis D es, Dawsoe, Delano Deming an amendment to the Constitution of TT'i i Dodge, Donnelly, larnsworth, Ferry, Finck, Garfield. Glossan amendment to the Constitution of tYe United brenner, Goodyear, Griswold, Hayes, IHenderson, Chester D. States, which, when ratified by three-fourths of IHubbard, James R. Hubbell, Rulburd, Jalmes Humphrey, said legislatures, shall be valid as part of the Jenckes, Kasson, Ketcham, Kuykeidail, Lafiin, Lytham, P..~^.~ i -'George V. Lawrence, Longyear, Mlarshall, McKee,' McRuer, Constitution, namely: Miller, Morhead, Morris, Myers, Newell, Phelps, Plants, ARTICLE -. Radford, Samuel J. Randall, William H. Randall, Raymond, SEC. 1. No State shall make or enforce anly'Alexander 1l. Rice, Sit qreaves, Smith, Stilwell, S/rouse, SEO. 1. INo State shall make or enforce any.faber Taylor, Thayer, Trible, Burt Van Horn, Rebert T. law which shall abridge the privileges or immu- Van Horn, Warner, Henry BD. Washburn, William B. Washnities of citizens of the United States; nor shall burn, Whaley, Willianis, Winfied, TVWght-79 any State deprive any person of life, liberty, or The joint resolution, as- above printed, then property without due process of law, nor deny passed-yeas 128, nays 37, as follow: to any person within its jurisdiction the equal YEAs-Messrs. Alley, Allison, Ames, Anderson, Delos R. prot~ection of the laws. As'hley, James M. Ashley, Baker, Baldwin, Banks, Barker, SCctaoin of e law s. s i Ba xter, Beaman, Benjamin, Bidwell, Bingham, Blaine. Blow, SEC. 2. iepresentuatives shall be apportioned B)utwell, Bromwell, Broomall, Buckland, Bundy, Reaper among the several States which may be included W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, within this Union, according to their respective Bth, Davis, Dwes, Defiees, elco, Deming, Dixon, numbers countin the whole number o-i* f persons sDodge, Donnelly, Driggs, Dumont, Eckley, Eggles'tonr, Eliot, numbers, counting the whole number of persons Farnsworth, Ferry, Garfield, Grinnell,,Griswold, Abner C. in each State. excluding Indians not taxed. But Harding, Hart, IHayes, HIenderson, iligby, lkolmes, Hooper, whenever in any State the elective franchise othissAsahelW Hubbard Chester B.lubbirdDemas whenever ill any Stte the elective franchise' Hubbard, James R. Hubbell, HIulburd, James IIumphrey, shall be denied to any portion of its male citizens Ingersoli, Jenckes, Ju lan, Kasson, Kelley, Klso, Ketcham, not less than twenty-one years of age, or in any Kuykendall, Laflin, George V. Lawrence, William Lawrence, way abridged, except for participation in rebel-' Loan, Logyear, Lynch, Marston, McClurg, McIdoe, Mc-. ee. Mcuer, Mercur, Miller, Moorhead, Morrill, Morris, lion or other crime, the basis of representation Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, in such State shall be reduced in the proportion Perham, Pike, Plants, Price, William H. PRanall, Raymond, which the number of such male citizens shall Alexander /. Rice, John I. Rica, Roiue Sawyer, Schenck, heartot o a'i r of male Citizens nl Scofield, Shellabarger, Sp-ilding, Stevens Stillwell, Thayer, bear to the whoke number of male citizens not l'rancis Thomas, JohnL.Thoma s, Trowbridge, Upson, Van less than twenty-one years of age. Aernam, Burt Van Iorn, Robert T. Van Horn, Ward, War-' SEc. 3. Until the 4th day of July, in the ner, EllihB. Wasliburne, Henry D. Washburn, WilliamuB. allo persons who v o lu ntarily ad d Washburn, Welker, Williams, James F. Wilson, Stephen F. year 1870, all persons who voluntarily adhered Wilson, Windomi, Wooctbridge, the Speaier-128. to the late insurrection, giving it aid and com- NAYS~-Messrs. Ancona, Bergen, Boyer, Cflanter, Co -roth, fort, shall be excluded from the right to vote for Daw, drdge, Finck, Gissbr'cner, year, Gsgidct Aaron 11ardirg, _Farris, Kerr, Lathaics, Le B/ond, Mfarshall, representatives in Congress and for electors for McCullough, Niblacrk, Phelps, Radford, Samuel J. Randall, President and Vice-President of. the United Ritter, Rogers, Ross, Rollsseau, Shan k/in, Sitgeaves, Smith, States.,* Strouse, Taber, Taylo/r, Th'ornton, Trimble, Whaley, Wiflield, Wright-37. SEC. 4. either the United States nor any S The amendments of the Senate were made to State shall assume or pay any debt or obligation this proposition, when it was finally adopted by already incurred, or which may hereafter be in- each House in the form firststated curred, in aid of insurrection or of war against, the United States, or any claim for compensation The Aocompanying Bills. for loss of involuntary service or labor. April 30-Mr. Stevens, from the same com^^ ^^ ^y ^ ^^ *April 30-Mr. Stevens, from the same cornSEo. 5. The Congress shall have power to en- mittee also reported this bill: force,-by appropriate legislation, the provisions. bill: force, by appropriate legislation, the provisions A Bill to provide for restoring the States lately Objecstionl,aving been made to its being a. in insurrection to their full political rights. Objection having been made to its bng special order for Tuesday, May 8, and every day Whereas it is expedient that the States lately in tereafter util disposed of, Mr. Stevens moved insurrection should, at the earliest day consistent thereafter until disposed of, Mr. Stevens moved I a suspension of the rules to enable him to make wth the future peace and safety of the Union, qhlat motion; which was agreed to-yeas 107 hbe restored to full participation in all political navs 10. rights; and whereas the Congress did, by joint The NAYS were: Messrs...4ncsrscr, Bergen, resolution, propose for ratification to the legisThe NAYS were: Messrs. Ancona Bergen, Boyer' Co-fproth i - Thawso wedride: FMescsrs, GAni a, aroHa.Bsingyr, JesAI.h, latures of the several States, as an amendment to Dawson, Eldridge, Finck, Grider, Aaron Harding, Jamnes M. lIlm;n.phrey, Latharn, Marshall, Niblac7c, Nicholson,.Ritter, the Constitution of the United States, aa articli Ross, Strouse, Taylor, Thornton, TIinfield-20. in the following words, to wit; May 10-Mr. Stevens demanded the previous [For article, see page 102.] question; which was seconded, on a count, 85 Now, therefore, to 57; and the main question was ordered- Be it enacted, &c., That whenever the abovoyeas 84, nays 79, as follow: recited amendment shall have become part of tho 104 POLITICAL MANUAL. Constitution of the United States, and any State which may be included within this Union, aclately in insurrection shall have ratified the same, cording to their respective numbers, counting and shall have modified its constitution and laws the whole number of persons in each State, exin conformity therewith, the Senators and Rep- eluding Indians not taxed: Provided, Thatwhenresentatives from such State, iffound duly elected ever the elective franchise shall be denied or and qualified, may, after having taken the re- abridged in any State on account of race or quired oaths of office, be admitted into Congress color, all persons of such race or color shall be as such. excluded from the basis of representation. SEC. 2. And be it further enacted, That when Mr. Stevens moved to insert the word " thereany State lately in insurrection shall have rati- in" after the word "persons" where it last ocfied the foregoing amendment to the Constitu- curs. tion, any part of the direct tax under the act of Sundry propositions of amendment were ofAugust 5, 1861, which may remain due and un- fered, and paid in such State may be assumed and paid by January 30-The report was recommitted, such State; and the payrmentthereof, upon proper without instructions-the motion of Mr. Le assurances from such State to be given to the Blond to commit it to the Committee of the Secretary of the Treasury of the United States, Whole having been lost, yeas 37, nays 133. may be postponed for a period not exceeding ten (Messrs. McRuer and Rousseau and 35 Demoyears from and after the passage of this act. crats made up the affirmative vote.) April 30 -IMr. Stevens, from the.same committee, also reported this bill: The Negatived Constitutional Amendment on A Bill declaring certain persons ineligible to Representation. office under the Gpvernment of the United IE HOUSE. States. taBe it enacted, <. That no person shall be January 31, 1866-Mr. Stevens reported from 2e it enacted, &c., That no person shall be the Committee on Reconstruction this joint resoeligible to any office under the Government of lotion the United States who is included in any of theio following classes, namely: Join Resolution proposing to amend the Con1. The president and vice president of the stitution of the United States. confederate States of America, so called, and the Re-soved, &c.* (two-thirds of both Houses conheads of departmnents thereof. 4 ~ curring,) That the following article be proposed 2. Those who in other countries acte' as to the legislatures ot the several States as an agents of the confederate States of America, so amendment to the Constitution of the United called. States, which, when ratified by three-fourths of 3. Heads of Departments of the United said legislatures, shall be valid as part of said States, officers of the army and navy of the Constitution, namely: United States. and all persons educated at the ARTICLE Military or Naval Academy of the United States, Representatives shall be apportioned among judges of the courts of the United States, and the several States which may be included witlin members of either I-ouse of the Thirty-Sixth this Union according to their respective numCongress of the United States who gave aid or bers, counting the whole number of persons in comfort to the late rebellion., each State, excluding Indians not taxed: Pro4. Those who acted as officers of the con- vided, That wheneverthe elective franchise shall federate States of America, so called, above the be denied or abridged in any State on account grade of colonel in the army or master in the of race or color, all persons therein of such race navy, and any one who, as Governor of either or color shall be excluded from the basis of repof the so-called confederate States, gave aid or resentation. comfort to the rebellion. Mr. Schenck submitted this as a substitute for 5. Those who have treated officers or soldiers the "Article:" or sailors of the army or navy of the United Representatives shall be apportioned among States, captured during the late war, otherwise the several States which may be included within than lawfully as prisoners of war. this Union according to the number of male citiNeither of these bills has been voted on up to zens of the United States over twenty-one years the time this page goes to press. of age having the qualifications requisite for electors of the most numerous branch of the The Negatived Amendment on Representation State legislature. The Congress, at their first and Direct Taxes, session after the ratification of this amendment Is HOUSEb. by the required number of States, shall provide by law for the actual enumeration of such January 22, 1866-Mr. Stevens reported this voters an such actual enumeration shal be proposition fiom the Joint Select Committe eao shall be oposition fom the Joint Select Committee: separately made in a general census of the popResolved, &c., (two-thirds of both Houses con- ulation of all the States Nwithin every subsequent ourring,) That the following article be proposed term of ten years, in such manner as the Conto the legislatures of the several States as an gress may by law direct. The number of Repreamendment to the Constitution of the United sentatives shall not exceed one for every one States; which, when ratified by three-fourths of hundred and twenty-five thousand of actual the said legislatures, shall be valid as part of population, but each State shall have at least said Constitution, namely: one Representative. ARTICLE -. Representatives and direct taxes Mr. Schenck's substitute was disagreed toshall be apportioned. among the several States i yeas 29, nays 131, as follow: VOTE o ON CONSTITUTIONAL AMENDMENTS. 105 YEAS-Messrs. Anderson, Bromwell, Bundy, Reader W. Joint Resolution proposing an amendment to Clarko, Sidney Clarkeo, Darlin, Davis, Defrees, Farnsworth, the Constitution of tlie U ted States. Abner C. la.rdciln, Ilayes, Iil, Chester D. lHbbard, James R. Hubbell, Jas. llumphrey.. Inersoil, Kuykendall, Wil!iam Resolved, &c., (two-thirds of both Houses conLawrence,.Mallsha, McCuzllough, Mliller, Orth, Pike, Ross,, Lawfrence, 1asshall CCUOl ougl, Mliller, Oith, Pike'Ross, curring,) That the following article be proposed Schrnck, Shellabar er, Sloan, Thornto;, Van HIorn-29. NAYs —Messrs. Alley, Allison, Ames, James M. Ashley, to the legislatures of the several States as an Bakor, Banks, Barker, Baxter, Beanman, Benjamin, Bergcn, aenmenmet to the Constitution of the United Bidwell, Binglham, Blaine, low, Boutwell, Boyer, lBrande- States which whn ratified by three-fourths of gee, Bros, roomall, Buckland, Chanler, Cobb, Conk.ling, Cook, Cullom, Dawes, Dazson, Delano, Deming, Denisonz, the said legislatures, shall be valid as part of Dixon, Donnelly, Eckley, Eggleston, /ldridge, Eliot, Far- said Constitution, viz: quhar, Ferry, Iinck7 Garfield, Grider, Grinnell, Griswold, IHale, Aaron las ardilg, Harris, HIart, Hogan, Holmes, RTI Hooper, Iotchkis, Asallel W. Hubbard, Deans Iubbard, The Congress shall have power to make all jr., John II. lIubb\ard, Eedwin V. lbibbell, ulbuld, James laws l which shall be necessary and proper tof ~M. Humphrey, Jenckes, Johnrson, Julian, Kasson, Kelley, n r'dA. Hselsy, Jenckes, Jo/hason, Julian, IKasson, Kelley, secure to the citizens of each State all privileges Kelso, Kerr, tKetcllam, Laflir, Latham,Georgle V. Lawrence, Le Blond, Longyear, Lynch, Marston, Marvin, McClurg, and immunities of citizens in the several States, Mclndoe, McKee, Mercur, Moorhead, Morrill,Morris, IMoul- and to all persons in the several States equal'ton, My-Jrs, iTiblack, Aicholson, Xoell, O'Neill, Paine, Patter-? aylb Tbn k icosl lcl,'iilprotection in the rights of life, liberty, and son, Perham, Phelps, Plaits, Pomeroy, Price, Sauel J. protecton te rghts e, l ty, a landall, William H. Randall, Alexander II. Rice, John H. property. Iice, Ritter, Rogers, Rollins, Sawyer, Scofield, Shanklin, February 26-Mr. Bingham reported it back, Smith, Spalding, Starr, Stevens, Strouse, Tabe Taylo, out am Thayer,'rancis'homas, John L. Thomas, jr., T ble, out amendment. Upson, Van Aernam, Burt Van Horn, Voorhees, Ward, February 28 Mr. Eldridge moved that it lie Warner, Ellihu B. Washburne, William B. Washburn, on the table; which was disagreed to —yeas 41, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, WTsight-131. nays 11, aS follow Y'ws —Messrs. Ancona,.Bergen, Brooms, Chanler, Coffroth, The joint resolution, as reported, was then YE.s-iessrs Ancoaza, BesgcnBioo7cs, Csass/er, Cog/th, he Joint resolution, as eported, n Davis, Dawson, Denison, Eldricdge, Fick, Glossbrennser, agreed to-yeas 120, nays 46, as follow: Goodyeccr, Grider, Grisawold, Hale, A. ITarcding, Hogan, E. N. YEAs —Mlessrs. Alley, Allison, Ames, Andclersoen, James M. IIubbel, Kl Cerr,, Kuykendal!, Mlarshall, Marvin, MlcCullough, Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, aiblcc7c, Nrccholson, Noel, Phelps, S. J. Raadall, Rittes, Bidwell, Bingham, Blain, Blow, Boutwell, Brandege o s, R, ssea, zkin,/ itgreaves, Strouse, Taber, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, aylos, 2hortoz, Tisible, Wisfegld, bsit-. Sidney Clarke, Cobb, Conkling, Cook, Cullom,Darling, Davis; N.rs-Messrs. Alley, Allison, Ames, Ande.pon, Delos R. Ashley, James M. Ashley, Ba~ker, Baldwin, Banks, Barker, Dawes, Defres Delano, fa eming,a Dixon, Donnelly, Eckley Ashley, a s Ashley er alwin as, Barke Eggleston, Farnsworth, Farcquhar, Ferry, Garfield, G innell, Baxter, Benjamin, Bidwell, Bingham:Blaine, Blow, BoutGriswold, iAbicr C. Tarding, HIart, lTayes, Tili, Holmes, ell, B1randegee, Broonall, Buckland, Bundy, R'eader W. Hoopelr, Hotchlkis, AsahelW. Hbbard, Chester. Hubbard, Clarke, Sidney Clarke, Cobb, Conlling, Cookl, Cullom, DarDemas Hulbbard, jr., John H. Hulbbard, Jamles R. Hubbell liHg,Defiees, Delano,Deming Donnelly, Dumont,Eckley,EgHulburd, Jas. Humphrey, Ingersoll, Julian, Kasson, Kelley, glesto, Eliot,. Finsworth, Far(quar, lerry Garfield, GrinKelso, Ietcham, Kuykendall, Laflin, George V. Lawrence, nelI, Abner 0. Harding, -lar t, ayes, Higy, Holmes, Hooper, William Lawrence, Longyear, Lynch, Marston, Marvil, Hotels, Delnal IiHlbard, jr., JohiI Iu JHubblard, James McClurg, Mcildoe, MtcKee, Serecur, Miller, Moosrhead, or- It. M lHubbell, Hulburd, James Huimphrey, Ingersoll, Jenckes, rill; Moiris, Moulton, Myers, O'Neill, Orth, Paine, Pattero Juln, Kelley, elso bacha La/in, Latlam, George V. Julian, Kelley, Kelso, Ketcham, Lafiin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Perham, Pitc, Plants, Pomeroy, Price, Alexander HI. Rice, Lalence, McCillurg L nce, Moan, u ngyeMar, Moornch, 7ohni H. Rice, Rollins, Sawyer, Schenck, Scofilel,Shellabar- PMarston, McClurg, McEIee, Mcltuer, Mercre', Moorheat, ohn H Rioane, Spaollin rr,yr, Stechenc, Scotillwel, Shellabar, orrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, ger, Sloan, Spaldng, Starr, Steven', l s, tillwell, Thayer, Paine, Patterson, Perham, Pike, Price, Raymond, Alexander Francis Thomas, john L. Thomas, jr., Upson, Van Aernam, Van ice, Joh Ae Rice, wyer, Scheack, Shellabarger, Burt Van Horn, Robert T. Van Hiorn, Ward, WarnI. Rice, Sawer, Sche, Shellbatoer, Burt Van Rtain Bobert T. Van Horn, Wvaril, Warner, Sloan, Spalding, Stevens, Tblayer, Francis Thomsas, John L. Ellih B. Wasibnrne, Willian B. Washburn, Welke r, Went: Tihomas, jr., Trowbridge, Van Aernaun, Burt Van Horn, worth, Williams, James F. Wilson, Stephen F. Wilson, Win- Warner, Ellihou. Wi^shburne, Henry D. Washburn, Wn. domn, WVoodbiridile-lO. B. Washburn, Welker, Wentworth, Williams, James F. NAYS Messrs. Baldwin, Bergen, Byer, esC/e, ilson, Stephen F. Wilson, Windom, Woodbridge —lO. Dawson, Deutsoes, Eldtridge, Eliot, Finck, Grider, Hale, Aarons /arding, Harris, Hogan, Edwin, N. Hubbel, James. And on motion of Mr. Conkling, its further Ml. Hulmphrey, Jenckes, Jolnson, Kerr, Latham, LIe Blond, consideration was postponed until the second Marshall, McCulog, ilack, Nicholson, Noell, Phelps,Tusdy n April. Samnue J. Randa/l, William1 H. Randall,-Raymond, Ritter, Roqgers, Ross, Rousseau, Shan-lin, Sitgreaves, Smith,Strouse, There was no further vote on it. Taber, Taylor, Tholrnton, rimble, Voorhees, Whaley, Wright, IN SENATE. —46. [Messrs. Driggs and Newell, February 1, stated February 13-Mr. Fessenden reported the they would have voted aye, if present.] same resolution, which was laid over, and not IN SENATE. again considered. March 9, 1866-The resolution of the House Report Concerning Tennessee. was rejected-yeas 25, nays 22, as follow, (two- IN EoSE thirds being necessary:) YEAS-Messrs. Anthony, Chandler, Clark, Conness, Crain, March 5, 1866 Mr. Bingham reported from Creswell, Fessenden, Foster, Grimes, HIarris, Howo, Kirk- the Select Joint Committee on Reconstruction wood, Lane of Indiana, hMcDougall, Morgan, Morrill, Nye, this Poland, Ramsey, Sherman, Sprague, Trumbull, Wade, Williaus, Wilson-25. Joint Resolution concerning the State of TenNAY —Messrs. Brown, Buckaletw, Cowan, Davis, Dixon, nessee. Doolittle, Glthrie, Henderson, Iendrickcs, Johnson., Lane of e Kansas, Nesnith, Norton, Pomeroy, Riddle, Saulsbury, tesolved, &c., That whereas the people of Stewart, Stockton, Sumner, Van Winlle, Willey, Yates —22. Tennessee ave made known to the Congress of the United States their desire that the constiReporton Privileges and Immunities of Citizens. tutionl relations heretofore existing between IN HOUSE. them and the United States may be fully estabFebruary 13, 1866-Mr. Bingham reported lished, and did, on the twenty-second day of from the Joint Reconstruction Committee, this February, eighteen hundred and sixty-five, by joint resolution, which was re-committed and a large popular vote, adopt and ratify a constiordered to be printed: tution of government, republican'in form and 106 POLITICAL MANUAL. not inconsistent with the Constitution and laws ring,) That the following article be proposed to of the United States, and a State government the legislatures of the several States as an has been organized under the provisions thereof, amendment to the Constitution of the United which said provisions and the laws passed in States, which, when. ratified by three-fourths of pursuance thereof proclaim and denote loyalty said legislatures, shall be valid to all intents to the Union; and whereas the people of Ten- and purposes as a part of said Constitution, nessee are found to be in a condition to exercise namely: the functions of a State within this Union, and ARTICLE -. No tax, duty, or impost shall can only exercise the same by the consent of the be laid, nor shall any appropriation of money law-making power of the United States: There- be made, by either the United States, or any fore, the State of Tennessee is hereby declared one of the States thereof, for the purpose of to be one of the United States of America,, on an paying, either in whole or in part, any debt, equal footing with the other States, upon the contract, or liability whatsoever, incurred, made, express condition that the people of Tennessee or suffered by any one or more of the States, or will maintain and enforce, in good faith, their the people thereof, for the purpose of aiding reexisting constitution and laws, excluding those bellion against the Constitution and laws of the who have been engaged in rebellion against the United States. United States from the exercise of the elective Which was passed-yeas 151, nays 11, as folfranchise, for the respective periods of time low: therein provided for, and shall exclude the same YEAs-Messrs. Alley, Allison, Ames, Anderson, James M, persons for thle like respective periods of time AAshley, Baker, Baldwin,Banks,:Barker, Baxter,Beaman, Benfrom eligibility to offic; and the State of Te- jamin, Bergen, Bidwell, Bingham, Blow, Boutwell, Boyer, from eligibility to office; andm the.8tate of Ton- _Brandegeeo, IBomwell, Broomall, Buckland, Bundy, Chanler, nessee shall never assume or pay any debt or lieaderW. Clarke,SidneyClarke, Cobb, Conkling,'Cook,Culobligation contracted or incurred in aid of the lom,DarlingBDaw.es, Defrees,Delano,Deming, Dixon, Donnel1 "~late rebellion; nor, shail said State ever in an ly, Driggs, Dumont, Eclkley, Eggleston, Eliot, Farnsworth, late rebellion; nor shall said State ever in an y, Pinherr, Garfield, Grinnell, Griswold, Hale, manner claim from the United States or make Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, any allowance or compensation for slaves eman-.f-lan, Holmes, Hooper, IIotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John II. Iubbard, cipated or liberated in any way whatever; James R. Hubbell, Hulburd, Ingersoll, Jenckes, Johnsosn, which conditions shall be ratified by the Legis- Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Kiykendall, lature of Tennessee, or the people thereof, as the Lafln, Lathm, George V. Larence, William` Lawrence, Loan, LoDgyear, Lynch, M31arshall, Marston, Marvin, McLegislature may direct, before this act shall take6 Lon, C Logyear, Lync, aercurs, Millerst, Morrvi, Moulton effect. Mlyers, Newell, Niblack, Noell, O'Neill, Orth, Paine, PatterThe resolution was ordered to be printed, and n, Perm. helps, Pike, Pants, Price, was recommitted to the committee, and has not RiceJhn, William s. a Rodall usseauSmo, Sawyer,Schenck been voted on, up to the time this page goes to Scofield, Shellabarger, Sityreaves, Sloan, Smith, Spalding, ^^^gg ~ ~ ~~press. _____Starr, Stevens, Stillwell, Strouse, Taber, Taylor, Thayer, p~~-ress.^'~~~~ Francis Tliomas, John L. Thomas, Thornton, Trowbridge, Payment of Rebel Debt. Upson, Van Aernam, Burt Van I-horn, Robert T. Van Horn, Voorhees, Ward, Warner, Ellihu B. Washburne, William B. December 19, 1865-MIr. James F. WTilson re- Washburn, Welker, Wentworth, Whaley, Williamsi James ported from the Committee"on the Judiciary the F. Wilson, Stephen F. Wilson, Windom, Wright-15i..AYs —Messrs. Brooks, Denison, Eldridge, Gridcr, Aaron following joint resolution to amend the Consti- yarding, 3lcCullough, Nicholson, Sitter, Rogers, Shanclin, tution of the United States: Trimnble-ll. Be it resolved by the Senrate and.iouse of It was not acted on in the Senate; but the Bepresentatives of the United States in Congress substance of it is included in the amendment M asnebled, (two-thirds of both -Houses concur- finallyladopted. IX. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE TTFIIBRTY-NINTEH CONGRaESS, WITH NAMES OF CLAIMANTS FROM THE INSURRECTIONARY STATES. PBFESIDEBNT JOHNSON'S CABINET. Miissouri-B. Gratz Brown, John B. Henderson. Secretary of State-WILLIAM H. SEWARD, of New Michigan-Zachariah Chandler, Jacob M. HowYork. ard.;Secretary of Treasury-HUGH McCuLLoo, of Iowa-James W. Grimes, Samuel J. Kirkwood.* Indiana. Wisconsin-James R. Doolittle, Timothy 0. Secretary of War-EDWIN MM. STANTON, of Ohio. I-lowe. Secretary of NFavy-GIDEON WELLES, of Connec- California-John Conness, James A. McDougall. ticut.. innesota-Daniel S. Norton, Alexander RamPostrmaster General- WILLIAx DENNISON, of sey. Ohio. Oregon-James W. Nesmith, George H. WilSecretary of Interior-JAMES HARLAN, of Iowa. liams. Attorney General-JAMES SPEED, of Kentucky. KTansas-Samuel C. Pomeroy, James H. Lane. TWest Virginia-Peter G. Van Winkle, Waitman THXITY-NINTH CONGGRESS. T. Willey. HIM menate. CONevada-James W. Nye, William M. Stewart. Senate. LAFAYETTE S. FOSTER, of Connecticut, President Senators Chosen from the late Insurrectionary States. of the Senate, and Acting Vice President. States. John W. Forney, of Pennsylvania, Secretary. Alabama-Lewis E. Parsons, George S. Houston. Maine-l William Pitt Fessenden, Lot M. Morrill. Arkansas-Elisha Baxter, William D. Snow. New msampshire-Daniel Clark, Aaron H. Cra- Florida-William Marvin, Wilkerson Call. gin. Georgia Alexander H. Stephens, Herschel V. Vermont-Solomon Foot,* Luke P. Poland. Johnson. iMassachusetts-Charles Sumner, Henry Wilson. Louisiana.-Randall Hunt, Henry Boyce. (R. Rhode Island-Henry B. Anthony, William King Cutler and Michael Hahn also claim Sprague. under a former election in October, 1864.) Connecticut-James Dixon, Lafayette S. Foster. Mississiippi-William L. Sharkey, James L. New Yorkc-Ira Harris, Edwin D. Morgan. Alcorn. New Jersey-William Wright, John P. Stockton.t Nbrth Carolina-William A. Graham, John Pennsylvania-Cbharles R. Buckalew, Edgar Pool. Cowan. South Carolina —Benjamin F. Perry, John L. Delaware-George Read Riddle, Willard Sauls- Manning. bury. Tennessee-David T. Patterson, Joseph S. Fowler. Maryland-John A.!s, 1eelea Dwso, DeGissos, B lile, Eoigc, Glossbrennzer, Goodyear, Grider, Aaron i crdiinSg, e isgan, Chester ment. D. HIubbard.,Edudwi, 1. lbbell, Tamnes.If. iiaZnehrey, ohmnMr. I-ale moved to amend by adding these son, ones, KJers Kenrykenddall, Latham, Le Blond, liarshall, _3c Cteullougl, Niblack, Nicholson,.Yoegl, Phelps, Rado rd, words: with instructions to amend the bill so as s7lcl..ze gi. iViblal, WNilclia mo,) I.etll, I'heelps, xadfogrs SWas imel J. Randall, William 1. tLandall, Raitter, Rogers' to extend the right of suffrage in the District of Ross. Shlank,in, Silreaves Smgith, Serouse, ahber, Taylor, Columbia to all persons coming within either John L. Thomas, jr., Th'ointon, Ilosi.ble, Toorhees, Witof the following classes, irrespective of caste or Alle, AeNAYs —Scol, sj. Alley, allison, Ames, Andi eon, James a, color, lbut subject only to existing provisions and Ashley, Baker, Baldsin, Banldc, Uarksr, Baxter, Beaman, VOTES ON SUFFRAGE. 115 Didwiell, Bingham, Blamein, Blow, Boutwell, Brancegee, Brom- greaves, Sloan, Smith, Spalding, Starr, Stevens, Slvsuse, Tabe'y,. well, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Ta4ylor, Thayer, Francis Thomas, John L. Thomas, jr., Thorn.. Clarke, Cobb, Conking, Cook, Cullom, Darling, Davis, Dawes, ton, Trimble, Upson, Van Aernam, Voo7iees, Ward, Ellihil, De:fres, Delano, Demins, Dixon, Donnelly, Driggs, Eckley, B. Washburne, Welker, Wentworth, Williams, James F,. Eggleston. Eliot, Farnsworth, Farquhar, Ferry, Garfield, Wilson, Stephen F. Wilson, Windom, Winfield —117. rinnell, Grisswold, Hale, Abner C. Harding, Hart, Hayes, rionell, ljiiasold, Isle, Aisor C Hardin5 hart Wiyes The bill was then passed-yeas 116, nays 54,, Henderson, Iligby, Hill, Holines, Hooper, Asahel W. Hubhard,Deias Hulbbard, jr.,John HI. Hubbard, Hulburd, James as follow: 1Iumphrey, IngersollJenckes, Julian, Kasson; Kelley, Kelso, YEAs —Mess- rs. Alley, Allison, Ames, James M. Ashley,, Ketcham, Laflin, George V. Lawrence, William Iawrence, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Bidwell,, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McKee, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell,, Mercui, Miller, Moorhead, Morrill, Morris;, Moulton, Myers, Broomall, Buckland, Bundy, Reader WV. Clarke, Sidney; O'Neill, Orth, Paine, Pattorson, Perham, Pike, Plants, Pome- Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, roy, Price, Riayond, Alexander HI. Rice, John It. Rice, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Eckleyl, Rollins, Sawyer, Schonck, Scofeld, Shellarger, loan, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell] Spalding Star, StStevens, Stillwell, Thayer, Francis Thomas, Griswold, Hale, Abner O. Harding, i-art, Hayes, Higby,, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert Holmbs, Hooper, Asahel W. Hubbard, Demas Hnubbar, jr.,, T. VaYen orn, Ward, Warner, Ellin B. Washburne, William John HI. Hubbard, Hulburd, James Humphrey, Inge.soll, B. Washburn, Welker, Wentworth, Williams, James F. Wil- Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Laflin,, son, Stephen F. Wilson, Windom, Woodbridge~123. George V. Lawrence, William Lawrence, Loan, Longyear,. Mr. Darling modified his motion so as to post- Lynch, Marston, SIarvin, McClurg, Mercur, Miller, MoorMc lghead, Morrill, HMorris, moulton, Myers, O Ne l, Orth, Paine,, pone until the first Tuesday in March, which Patterson, Perham, Pike, Plants, Pomeroy, Price, Raymond,, was disagreed to-yeas 31 nays 138, as follow: Alexander HI. Rice, John H. Rice, Rollins, Sawyer, Schenck,, s cofield, Shellabarger, Sloan, Spalding, Starr, Stevens, YEAs-~Messrs. Anderson, Banks, Conklins, Darling, Davis, Thayer, Francis Thongs, Trowbridge, Upson, Van Aernam,, Defiees, Eggleston, Farquhar, Ferry, Griswold, Hale, Hart, Bur- Vian Horn, WilV, Warner, Ellihu B. Washburne,, Hoenderson, Hill, If-ogan, Jas. Humphrey, Kasson, Ketcliam, William 1B. Wshburnin Welker, Wentworth, Williams, James, Kuykendall, Laflin, Lathaim, George V. Lawrence, Marvin, 1F. Wilson, Stephen F. Wilson, Windom, Woodhridgo-116., Mercur, Miller, Orth, Phelps, William H. Randll, Raymon aymond, NAYs — essrs. Ancona, Anderson, Delos. Ashley: BenSmith, Stillwell, John L. Thomas, jr., Trinmble, Robert T. jamin, Bergen, Boyer, Brooks, Chanler, Dawson, Denison, Van IHorn —34. Elldriclgei'arcquhar, lFinck, Glossbrenner, Goodyear, Grideer NAYSe- ossrs. Alley, Allison, Ames, Ancona, Delos R. -lardcng, Henderson, Hill, Iogan, Chester D. Hubbard, Ed-. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, win N. Nslbbell, Jadmes M. ~lumsplshrey, Johnson, Jozes, Kerr,, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Kuykendall, Latham, Le Blond, iMearshall, 3cC(J'ulough, Mc-. Boutwell, Loyer, Brandegee, Bromwoll, Broosks, Broomall, Kee, Niblackl, N.icholsonz, Noell, Phelps, Radford, Samuel rJ. Bundy, Chanlet, Reader W. Clarke, Sidney Clarke, Cobb, Raendall, William H. Randall, Ritter, Rogers, Rose, ShankCook, Cullom, Dawes, Dawson, Deming, Denison,' Dixon, lin, Sitgreaves, Smith, Stillwell,.Strouse, Tuaber, Taylor,, Donnelly, Driggs, Eckley, Eldridige, Eliot, Farnsworthl, iierck, Thornltons Trimble, Robert T. Van Horn, Voorhees,'MinliefmeW Garfield, Clossbrenser, Goocldyear, Grioder, Grinnell, Aaron -- llarding, Abner C. Harding, Hayes, Higby, Hoolmes, Hooper, IN SENTE. A. W. -lubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. HIubbard, lEduwin _N. Rubbell, liilburd, JTmes L. June 27, 1S66 —The bill, as reported to the. s /nay Ieersoll Jeuncltes, Johoce Joe, Jolsn, Mel- Senate from its committee amended, was conley, Kelso, Kerr, Williasm Lawrence, Le Boned, Loan, Longyear, Lynch, liarshall, Marston, MeClurg, McCullouquh, Mc- sidered, the pending question being Mr. MorKee, HMoorhead, Morrill, SMorris, Moulton, Myers, Viblack, rill's motion to insert in the first sectiou'theo iVicholson, Noell, O'Neili, Pais, Patterson, Perham, Pike words in brackets, below Plants, Pomeroy, Price, Rladford, Samuel J. Ranudall, Alesander 1. Rice, John I. Rice, Ritter, Rogers, Rollins,Ross, That from and after tthe passage of this act, Sawyer, Schenck, Scofield, Shani lin, Shellabarger, Sit- each and every male person, excepting paupers greaves, Sloan, Spalding, Starr, Stevens, Smmse, Taber, Ty- and persons under guardianship, of the age of lo, Thayer, Francis Thomas, Thornton, Trowbridge, Upson, Van Aernam, Burt Van Horn, Voorhees, Ward, W Warner, twenty-one years and upwards, who has not Ellihu B. Washburne, William B. Washburn, Welker, Went- been convicted of any infamous crime, or offence,, Aorth, Williams, James F.Wilson, Stephen F. Wilson, Win- and o is a citizen of the United States, and dom, IVism^cd, Woodbridge-IS5. who shall have resided in the said district for The question recurring on Mr. Wilson's motion he p si previou o commit l instructions, Mr. Schen moved the period of six months previous to any electo stric e from the poposed itructions these tion witherein, [and excepting persons who may to strike from the proposed instructions these have voluntarily left the District of Columbia words: "Those who are assessed for and pay h f t D o C la to give aid and comfort to the rebels in the late, taxes on real or personal property within the ge a an entitled to the elective fran rebellion,] shall be entitled to the elective fran — districto;" tocich was agreed to. aedchise, and shall be deemed an elector and enti^The tlmotion torecommit asamendedw t~cras t tied to vote at any election in said District, disagreed to-yeas 53, nays, 117, as follow: without any dstinctionon account of color or YEas-sMessrs. Anderson, Banks, Blow, Brandegee, Brom - well, Bulckulad, Reader W. Clarke, Conkling, Darling, Davis, race. Dawes, Defrees, Delano, Deming, Dixon, Driggs, Eckley, Mr. Morrill moved further to amend by inEggleston, Ferry, Griswold, Hale, Hart, Hayes, Henderson, serting, also, after "therein," the words "an. Hooper, HIulburd, James Humphrey, Jenckes, Kasson, u, a t Constitution of the United Ketcham, Kuykendall, Laffin, Lathana, George V. Lawrence, who can read the Constitution of the Unite William Lawrence, Longyear, Marvin, Miller, Moorhead, States in the English language, and write his Mlorris, Myers, O'Neill, Plants, Raymond, Alexander II. Rice, name;" which was disagreed to-yeas 15, naya Schenck, Stillwell, Trowbridge, Burt Van Hlorn, Robert T.' Van Horn, Warnere William B. Washburn, Woodbridge —53., a follow: NaYs-~IMessrs. AIllsy, Allison, Ames, Ancosa, Delos R. YEAs —Messrs. Anthony, Cragin, Edmunds, Fessonden, Fos-, Ashley, Janes M. Ashley, Baker, Baldwin, Barker, Baxter, Kirkwood, Mrrill, Pland, Pomroy, Sherma, Beaman, Benjamii Brgen, gn, Biwell, Bingham, Blaine, Bout- Trumbull, Wade, Willey, Williams —15. well, RBoyeomsll, Buny, G/asler, Clrkrooks, Cobb, Ny-Messrs. Brow, Buckulew, Cobness, Davis, Grimes,, Cook, Cullom, Deawson, Denison, Donnelly, Eldridge, Eliot, Guthr/lie, eTendricks, Howard, Howe, Morgan, Norton, Nye,, Farnsworth, Farquhar, Psinck, Garfield, Glossbrenner, Good- Rnamsey, Sprague, SteWart, Sumner, Van Winkle, Wilson,,. year, Grider, OGmnell, Aaron Flarlding, Abner C. Harding, ytes-19 -Iigby, Hill, HIogan, lohnlmes, Asahel PV. Hubbard, Chester D. Hubbard, Demas lIul?'brd, jr., John i. Hubbard, Edwin Mr. Willey offered this substitute for the bill:,.N.: ttabbei, Ja. ies -f. Himaphrey, Ingersoll, Johnson, Jones, In all elections to be held horeafter in thes Julian, Kelley, Kelso, Kelirr, Le Blond, Loan, Lynch, Mar-oo shall, M'rston, om'cClurg, McCullousgh, McKee, AMercur, Mor- District of Columbia, the following describedl rill, Mioullen, do/lack, f1icholson, Noeli, Orth, Paine, Patter- persons, and tho'se only, shall have the right to: son, Perham, Phelps, Pomeroy, Price, Radford, Samuel J. a Randall,'Wyilliamm H. Randall, John 1-1. Rice, Ritter, Rogers vote, namely first, all those prsons who wer Q~i.lBeoss, a cyier, Scofield, S/lsainsdn, Shellabarger, Sit- actually resident. ot said. District and qualifiec! h116.Ld POLITICAL MANUAL, to vote thereidi at the elections held therein in James F. Wilson, Stephen F. WFilsn, Windom, Woodthe year 1865, under the statutes then in force; bridge-104. second, all persons residents of said District who February 8-The bill passed-yeas 112, nays have been dnl-y mustered into the military or 29; the latter all Democrats, except Messrs. naval service of the United States during the Driggs and Latham. late rebellion, and have been or shall hereafter The bill as fnally passed provided that until be honorably discharged therefrom; third, male January 1, 1867, any person applying for the citizens of the United States who shall have at- benefit of the act shall swear "that he has not tained the age of twenty-one years, (excepting borne arms against the United States, or given paupers, persons non compotes mneatis, or con- aid andcomfprt to its enemies." victed of an infamous offence,) and who, being residents of the ward or district in which they Habeas Corpus. shall offer to vote, shall have resided in said IN HousE. District for the period' of one year next precedMarch 20 —The- bill to amend an act entitlel ing any election, and who shall have paid the March 2-The ll to amend an act entied taxes assessed against them, and who can read, at atin to s cocrt, and regulatand who canl wraite t~heir namnes. ing judicial proceedings in certain cases, apand who can write their namres. proved March 3, 1863, was passed-yeas 113, No further vote has been taken up to date of nays 31, as follow: putting this page to press. YFAs-Messrs. Alley, Allikn, Ames, Anderson, Delos R. -— f -- Ashley, James SI. Aslley, Baker, Baldwlin, Ba1ns, Barker, West Vir'ginia' ill. 1sBaxter, Beama,, Biclell, Binglam, Blaine, Blow, Boutwell, West vilginia -am. IBroinwell, Broomall, Buckland, Buncly, Rea.cder W. Clarke, February 6, 1866-The HOUSE passed a'joint g, Colin ook, Cullom, Deland, Deming, Dixon, Driggs, esolution giving the consent of Congress to the ~ 1i^ Dumont, Eggleston, Eliot, Farnsworth, Farqular, Ferry, r'esolution giving the consent of Congress to the arfield. Grin nell, Abner 0. Iarding, Hart, lHayes, Hiendertransfer of Berkeley and Jefferson counties to son, Hill, Hoelmes, Hooper, Asahel W. Hlubbard, Chester D. West Virginia-yeas 112, nays 24; (the latter HubbardDemas I-Ibbdarjr John TI. inbbar llaes R. West-^ t Virina-ea 11"9. nay 2. (he latter'^ \ m a Hubbell, IHulburd, Ingersoll, Jenckes, Kasson, KIll ey, Kelso, all Democrats except Mr. Baker.) The ISE iAT be1lilbeed, IngEessellJenche aseen, KeileyKeo all Democrats except Mr. Baker.) SE Ketcham, Kuykendall, Lafiin, Latham, George Y. Lawrence, passed it, March 6-yeas 32, nays 5.-Mr. Johnr- William Lawvrence Lan, Lync h, MIarston, larvin, M1cClurg, sone, of Marycland, voted aye; the other Demo- McKee, McRuer, Miller, Moorheadl, Morrill, o3'orris,.Moulcrat, voting, voted nay. tton, Myers, Newell, Noell, O'Neill, Orth, Paine, Perham, craftS, voting, voted nay. Phelps, Pike, Plants, Price, William II. Randall, Raymond, /John II. Rice, Rollins, Rousseau, Sawyer, Scofield, Shella. barger, Sloan, Smith, Stevens, Stillwell, Thayer, Trowbridge, Extending the Homestead Act, Upson, Van Aernaam, Burt Van H-orn, Robert'. Van orn, IN HOUSE. TWard, Warner, Ellihu B. Washburrn, Willianl B. WashK ri-OUbSE. ~burn, Welker, Wentworth, W]aley, Williams, Janmes F. February 7, 1866-A bill providing that all Wilson, Windom, WVoodbridge-113. the public lands in Alabama, Mississippi, Louis- Nrs — Messrs. tn'ncolig, Geesrenle Boen G, Boo ials, clAa' Cq o#othi, Dawesons, gEldriqe, Glossb'reizcr, Gridcr, Hale, Aaiana, lArkansas, and Florida, shall be disposed?ro' iafcrding, finga, Eioun N. IbelbeTl, James M.Lu. Lrnof according to the stipulations of the home- Phrey, Jones, Ker',, Le Bl Slo, li'selhal,- MciCulloizl, IlTich~^~^ 1~^,.~ ^^-i Q^O ^^ ^^^ tr. ]-.Q -rnorlo f^ -r0r o olsonamuel J..Randall, Pitler, Rogers, lioss, Sitgreaves, stead law of 1862, no entry to be made for more Strouse, Sabs J, Thorntonl,, Tbele, ovnfie 1s, ild-e31., than eighty acres, and i n0 discrimination to be made on account of race or color, and the min- I SENATE. eral lands to be reserved, was considered. April 20-The bill passed-yeas 30, nays 4, Mr. Taber moved to add this proviso: as follow: Ancd provided, also, That nothing in this act YEAs-Messrs. Anthony, Chandler, Clark, Conness, Crashall be so construed as to preclude such persons gin, Doolittle, Edmunds, Poster, HIenderson, tIoward, Ilowe, as 1have been or shall Ie pardloed.by the Presi- Jo2hsoon, Kirkwood, Lane of Indianat, MIorga, Norton, Nyo, Poland, Pomeroy, Ramsey, Si)rague, Stowart, Snusmner, Trumdent of the United States for their participation bull, Van Winkle, Wade, Willey, Williams, Wilson, Yatesin the recent rebellion from the benefit of this 30 niact.'vsdsr NAYs-Mlessrs Buccalew, Gth7L'e, BlGendric7cs, iSSaulsbis-y:act.~Ot'" ~ — l. Which was disagreed to-yeaas 37_ nuys 104,. as follow: Io Denial of the Elective Franchise on Account YEAs Messrs. Delos R. Ashley, Beergme, Boyer-, Brooks, of Color Bucklland, C/halner, Eldricd/e, _inc', Glossbrenner, Gricder, Aaron iLL'dia;n, s ~Ioean, Chester D. Hnubbard, Edwinz 1V. IN HousE. U51bbel., Jacecs MI. isnp7lirey, Kerr, Lathali, Le B, lond, Marshall, a(11cC110yl,, iou i, cer, blaclc, iic7holson, AToell, 1866, Mlay 15-Pending the bill to amend the Phelps, iltteier, Rogers, BRoss, Slihanzllii, Siljgreaves, Sstrouse, organic acts of the territories of Nebraska, ColTaber-,: yl~.or), Chlayr, Thornton, Trimble, V~oorlhees —37. M tan,'V tn, Idaho, NAYS —i)fc Is. Alley Alliso, so Anes, Ja.mes M. Asiley orado, Dakota, Montana, Washinion, Idaho, Baker, Bacl-dwin, Banks, Barker, Baxter, Beas an, Benjamin, Arizona, Utah, and New Mexico, of which this Bidwell, Bingllham, Blaine, Blow, B)utwell,- Brandegear is the ninth section: Bromwell, lh'oomall, Bundy, Reader W. Clarke, Sidney renmwXelhl hsiotllll, Bnndly eleler W. Clarke, Sidney. " That vi-thin the territories aforesaid there Clarke, Cobb, Conkling, Cook, Cullom, Darliog, Davis, Dawesve, Deire.s., D)eming, Donnelly, Driggs, Eckley, Eggles- shall be no denial of the elective. franchise to ton, Eliot, Fslisworth, Flrquhar, Ferry, Garfield, lLle, citizens of the United States becauso of race or Aloner C. ls dins, Habart, Srlaes, Ha Iigby, ill, Iooper, color, and all persons shall be equal beforo the l-othel e-n, cssnsasilt-ebbar, jer., John H. HuIebbard, Ihgersollg Jetlckes, Julian, Kasson, Kelley, Kelso, Kuykendlal, Lailin, law. And all acts or parts of acts, either of George V. L[Lawrence, William Lawrence, Longyear, Lynch, Congress or the legislative assemblies of the ter-' -I arsion, assevss, McCln, h,McIndoe,'Iercur, Miller, oo ritoiesonsstent ith the prohead, 3iollis. IIoulton, MIyers,. Newell, O'Neill, Orth, es aforesa, consstent with the proPaine, PattlersoJn, Perham, Price, William Ii. Randall, Alex- visions of this-act, are hereby declared null and ander II. Rice John II Rice,J ollios, l Sawyer, Schenck, void" loan, Sitll, Spllding, Starr, Stevens, Trowbridgeo Upson, M. eBlond moved to strile it out, which was v'an Aernanl, laurt an Horn, W Tard, larner, Ellillh B re Bo nd moed to st o, WaVhbsurne, Willial B. WVashburn, Welker, Wentworth, disagreed to-yeas 36, inays 76, as follow:, POLITICAL AND MILITARY MISCELLANEOUS. 117 YEAS —IMesrS. Ancona, Delos R. Ashley, Bergen, Boyer, Jenckes, Julian, Kelley, Kelso, William Lawrence, Loan' Chaaler, Dawsoen, Delivsoe, Elldridge, Finck, Glossbrenbner?, Longyear, Lynch, Marston, McClurg, McRuer, Mercur, Goodyear G, ride, Aaron Htarcli9ng, Cliester D. Ifubbard, Miller, Moorhead, Morrill, Orth, Paine,aatterson, Perham, Echien N. Iseabbell, Kerr. Kuykendall, Latham, Le Blond, Pike, Plants, Price, Rollins, Sawyer, Spalding, Thayer, _arschall, Zeblacl/c,._Aicholson, Phelps, William H. Randall, Francis Thomas, Van Aernam, Burt Van Ilorn, Ward, WarRitbte,, Pogerse, Ross, Rousseau, Sla.nlcin, Sitgreaves, Strouse, ner, Ellihu B. Washburne, William B. Washburn, W"elker, Tabe.,'Taylor, Trimblee, Whaley, TWright —36. Williams, James F. Wilson, Stephen F. Wilson, WinNAYs —tMessrs. Allison, Anies, Anderson, James M. Ash- clom-76. ley, Baker, Ialdwin, Banks, Baxtar, Blaine, Blow, Bout- Te bl ten pa y 7 4 well, Brandegee, Broomall, Sidney Clarke, Cook, Cullom, passe yeas, nays Darling, Dvis. Daes, Deirnig, Donnelly, Dumont, Eggles- IN SENATE ton, Farnsworth, Ferry, Garneld, iswoll, Hiarto, I-ayes,.June 29-The bill'as considered but not Higby, Holies, Hooper, Hotchlikiss, Asahel W. Hubbard, Demas 1fubbard, John 11. Hubbard, Hulburd, Ingersoll, voted oll. POLITICAL AND LILITARY XISCELLANEOUS. Union lational Platform, June, 1864.- defence of their countl'y and in vindication of Resolved, Thatit is the highest duty of every the honor of its flag; that the nation owes to American citizen to maintain against all their them some permanent recognition of their patrienemies the integrity of the Union and the par- otism and their valor, and ample and permanent amount authority of the Constitution and laws provision for those of their survivors who have of the United States; and that, laying aside all received disabling and honorable wounds in the' differences of political opinions, we pledge our- service of the country; and that the memories selves, as Union men, animated by a common of those who have fallen in its defence shall be sentiment and aiming at a common object, to do held in grateful and everlasting remembrance. everything in our power to aid the Government Resolved, That we approve and applaud-the in quelling by force of arms the Rebellion now practical wisdom, the unselfish patriotism, and raging against its authority, and in bringing to the unswerving fidelity to the Constitution and the punishment due to.their crimes the Rebels the principles of American Liberty, with which -and traitors arrayed against it. Abraham Lincoln has discharged, under circumResolved, That we approve the determination stances of unparallele cilifficulty, the great-duties of the G-orvetrnent of the United States not to and responsibilities o the Presidential office, compromise.with Rebels, or to offer them any that we approve and endorse, as demanded by terms of peace, except such as may be based upon the emergency and.essential to the preservation an unconditional surrender of their hostility and of the nation and as within the provisions of a return to their just allegiance to the Constitu- the Constitution, the measures and acts which tion and laws of the United States, and that we he has adopted to defend the nation against its call upon the Government to maintain this posi- open and secret foes; that we approve, especialtion, and to prosecute the war with the utmost ly, the Proclamation of Emancipation, and the possible vigor to the complete suppression-of the employment a.s Union soldiers of men heretofore Rebellion, in full reliance upon the self-sacrifi- held in slavery; and that we have full confiningpat:iotismn, the heroic valor, and the undying deelce in his detormination to carry these anld devotion of the American people to the country all other Constitutional measures essential to the and its free einstitutions. salvation of the country into full and complete Resolved, That as Slavery was'the cause, and effect. now constitutes the strength of this Rebellion, Resolved, That we deem it essential to the and as it niusi be, always and everywhere, hos- general welfare that harmony should prevail in tile to thie princi-)les of Republican Government, the rational touncils, and we regard as worthy justice, a]nd the iNational safety demiand its utter of public confidence and official-trust those only and complete extirpation from the soil of the Re- wlho cordially endorse the principles proclaimed public;,ncd tlhat, while we uphold and maintaint in these resolutions, and which should charac-. the acts and proclamations by which the Govern- terize the administration of the Government. ment, in its ovwn defence, has aimed a death-blow Resolvel, That the Government owes to all at this gietl'tic evil, we are in favor, further- men employed in its armies, without regard to, more, of sluch an1 amrlendclenit to the Constitution, distinction of color, the full protection of tlha to be rnadle by the people in conformity with its laws of war; and that any violation of these provisicns, as shall terminate and forever pro- laws, or of the usages of civilized nations ir hibit the existence of Sla ery within the limits time of war, by the Rebels now in arms, shonld o. the jurisdiction of the United States. be made the subject of prompt and full redress, Resolccd, That tihe thanks of the American Resolved, That foreign immigration, which in, people are due to the soldiers and sailors of'thee the past has added so much to the wealth, develr Army and N'avy, who have periled their lives in opment of resources, andl increase of power t6 118 POLITICAL MANUAL. thl-s nation-the asylum of the oppressed of all American citizens in States where civil law exnations-should be fostered and encouraged by a ists in'full force; the suppression of freedom of liberal and just policy. speech and of the press; the denial of the right Resolved, Tihat we are in favor of the speedy. of asylum; the open and avowed disregard of construction of the Railroad to the Pacific coast. State'rights; the employment of unusual testResolved, That the National faith, pledged for oaths, and the interference with and denial of the redelptioln of tio public debt, must be kept the right of the people to bear arms in their deinviolate, and that for this purpose we.recom- fence, is calculated to prevent a restoration of inend economy and rigid responsibility in the the Union tad the perpetuation of a government public expenditures, and a vigorous and just deriving its just powers from the consent of the system of taxation; and that it is the duty of gove;ned. every loyal State to sustain the'credit and pro- Resolved, That the shameful disregard of the mote the use of the National currency. Administration to its duty in respect to our felResolved, That we approve the position taken low-citizens who now are, and long have been, by the Government that the people of the United prisoners of war in a suffering condition, deStates can never regard with indifference the serves the severest reprobation, on the score attempt of any European Power to overthrow alike of public policy and commlon humanity. by force or to supplant by fraud the institutions Resolved, That the sympathy of the- Demoof any Republican Government on the Western cratic party is heartily and earnestly extended Continent; and that they will view with ex- to the soldiery of our army and sailors of our treme jealousy, as menacing to the peace and navy, who are, and have been in the field and independence of their own country, the eftorts on the sea, under the flag of their country;and, of any such power to obtain new footholds for in the event of its attaining power, they will Monarchical Governments, sustained by foreign receive all the care, protection, and regard that military force, in near proximity to the United the brave soldiers and sailors of the Republic States.'have so nobly earned. Democratic Iational Platform, August, 1864. Call fox a National Union Convention, 1866. Resolved, That in the future, as in the past, A National Union Convention, of at least two we will adhere with unswerving fidelity to the delegates from each congressional district of all Union under the Constitution as the only solid the States, two from each Territory, two from the foundation of our strength, security and happi- District of Columbia, and four delegates at large ness as a people, and as a framework of govern- from each State, will be held at the city of Philament equally conducive to the welfare and pros- delphia, on the second Tuesday (14th) of August perity of all the States, both northern and next. southern. Such delegates will be chosen by the electors of Resolved, That this convention does explicitly the several States who sustain the Administration declare, as the sense of the Ameirican people in maintaining unbroken the Union of the States that after four years of iailure to restore the under the Constitution which our fathers estabIJUnion by the experiment of war, during which, lished, and who-agree in the following proposiunder the pretence of a military necessity, or tions, viz: war power higher than the Contitution, the The Union of the States is, in every case, inConstitution itself has been disregarded in every dissoluble, and is perpetual; and the Constitupart, and public liberty and private right alike tion of the United States, and the laws passed by trodden down and the material prosperity of Congress in pursuance thereof, supreme, and conthe country essentially impaired-justice, hu- stant, and universal in their obligation; inanity, liberty and the public welfare demand The rights, the dignity, and the equality of the that immediate efforts be made for a cessation of States in the Union, including the right'of rephostilities, with a view to an ultimate conven- resentation in Congress, are solemnly guaranteed tion of the States, or other peteable means, to bythat Constitution, to save which from overthe end that at the earliest practicable moment throw so much blood and treasure were expended peace may be restored on the basis of the Fed- in the late civil war; eral Union of the States.' There is no right anywhere to dissolve the Resolved, That the direct interference of the Union or to separate States from the Union, either military authorities of the United States in the by voluntary withdrawal, by force of a-rms, or recent elections held in Kientucky, Maryland, by Congressional action; neither by the secession Missouri, and Delaware, was a shameful viola- of the States, nor by the exclusion of their loyal tion of the Constitution; and a repetition of and qualifiedrepresentatives, norby theNational such acts'in the approaching election will be Government in any other form; held as revolutionary, and resisted with all the Slavery is abolished, and neither can, nor ought means and power under our control. to be, re-established in any State or Territory Resolved, That the aim and object of the Dem- within oufr jurisdiction; ocratic party is to preserve the Federal Union Each State has the undoubted right to preand the rights of the States unimpaired; and scribe the qualifications of its own elettors, and they hereby declare that they consider that tl- no external power rightfully can, or ought to, administrative usurpation of extraordinary and dictate, control, or influence the free and volundangerous powers not granted by the constitu- tary action of the States In the exercise of that tion; the subversion of the civil by military law right; in States not in insurrection; the arbitrary mili- The maintenence inviolate of the rights of the tary arrest, imprisonment, trial and sentence of States, and especially of the right of each Stati POLITICAL AND M3ILITARY MISCELLANEOUS. 119 to order and control its own domestic concerns, Adfress of Democratic CongTessmet, 1866. according to its own judgment exclusively, sub- the People of the Ulited States: ject only to the Constitution of the United States, ect o ~r 1J41 J. i i J'- -I Dangers threaten. The Constitution-the is essential to that balance of power on which angers threatens The Donstl itu the ^the perfection and endurance of our politic l citadel ofourliberties-is directly assailed. The the perfection and endurance of our political futre is dar, unless theople will come to the fabric depend, and the overthrow of that system d u t p w c by the usurpation and centralization of powe inho of peril N nal Union should Congress would be a revolution, dangerous to re- I twatchord of eery true man publican governiment-and destructive of liberty; be the watchword of every true man. publiEach House ofnn destractive of libet; o As essential to National Union we must mainEach House of.Congress is made by the Con- ired e righs te igniy and the stitution the sole judge of the elections, returns, tain unimpaired the rignity, and the and qualifications of its members but the exclu- euality of te aes, inding the right of sion of loyal Senators and.Representatives, prop- representation in Congress, and the exclusive nerly chose Send qualified Rder the nstitutirop- right of each State to control its own domestic and laws, is anjst uaiied revoluthionlaru; consllcerns, subject only to the Constitution of the and laws, is unjust and revolutionary;. tdStt Every patriot should frown upon all those Ulte ir cnstructin tStates.nstituacts and proceedings everyxhere, which call serve oAfter a uniform construction of the Constituno other purpose than to rekindle the animositiestion for more than half a cenury, the assupnof wr, adrpose toreindle t ^of whtion of new and arbitrary powers in the Federal of war, and the'effect of which upon our moral, subversive f our system and de social, and materiai interests at homle, and upon Government is subversive of our system and de. social, and material interests at home, and upon ^ ^ fl'brt ~ our standing abroad, differing only in degree, is e interchae of opinion and kind feelin inju~rious slkes war itself; t A free interchange of opinion and kind feeling The pu rpose Orf te war having been to pre- between the citizens of all the States is necessary he purpose of tle war having been to P toe- the perpetuity of the Union. At present serve the Union and the Cdnstitution by puttIIt the perpetuity of the Union. At present serve the liion and the Cdntiturion by putting eleven States are.excluded from the national down the rebellion, and the rebellion having council. or seven lo months the present been suppressed, all resistance to the authority Congress has persistently denied anyight of of the General Government being at an end, Cnress has p stetle le of these State and the Twar heviu ceased, war Imeasures should representation to the people of these States. and the war having ceased, war measures should Laws affecting their highest and dearest interalso cease, and should be followed by measures ess, affecting their highest d dear consent, of peaceful administration, so that union, bar- sta n disrebardf iot th e ntal incple of mony, and concord may be encouraged, and in- and in dise ent.g of he ndaenaprinciple of dustry, commerce, and the arts of peace free government. This denial of.representation dutry, cpommerce, and the arts of peace e re edto all the members from a State, and promoted; and the early restoration of all lthough the State, in the language of the Presithe States to the exercise of their constitutional lth te tte n t n ae of power~s in the national Government is indis- cldent, " presents itself, not only in an attitude of powers in, the national Government is indi - i tynd harmony- but in the persons of reppensably necessary to the strength and the de- ntivs h loyalty cannot besons of rep fe Vce of the Republic, and to the maintenance resentatives whose loyalty cannot be questioned lence of the Republic, and to the maintenance of~h public c~rediit; under any existing constitutional or legal test." All suh e s in te t i S s ad The representatives of nearly one-third of the ll such electors in the thirty-six tat States hae notbeen consulted with reference to nine Territories of the United States, and in the of da. There has been District of Columbia, who, in a spirit of patriot- grat q uestions of the p. here ha en ism and love for the Union, can rise above per- no nationality surrounding the reress. sonal d ectionl consideratis, and who There Jias been no intercourse between the represonal and sectional consideratiqns, and who entatives of the to sections, producinm ual desire to see a truly National Union Convention, sentaies o te sections, prh du ng muf th which shall represent all the States and Teri- fdence and respect. In the lana distinguished lieutenant general, tories of the Union, assemble, as friends and sti guist e d lieten at g ths eter brothers, under the national flag, to hold coun- It is to be grette t t ti ti the cannot be a greater commingling between the sel togetlher upon the state of the Union, and toe two sections, particularly take measresto vertposibl daner romllecitizens of the two sections, and particularly take measures to avert possible danger from the f those intrusted ith the law-akg power. same, are specially requested to tak part in the of thse intsd with removed at This state of things should be removed at choice of such delegates. once and forever But no delegate will take a seat in such con- Therefore to preserve the National Union, to vention who does not loyally accept the national ather se fciency of our admirable Consituation and cordially endorse the principles stitution tho guard the States froml covert atabove set forth, and who is not attached, in true tit to ar the Sttes from coert t tempts to deprive them of their true position in allegiance, to the Constiution, the Union, and the Union, and to bring together those who are the Governmene of the Uinited States. t a thAGovernment of te 1nite. States unnaturally severed, and for these great national WASHINrTON,. June 2 a, 186G. purposes only, we cordially approve the call for A. W. RANDALL,' a National Union Convention, to be held at the President. city of Philadelphia, on the second Tuesday W. R. DOOLITTLE, (14lit) of August next, and -endorse the princi. 0 H. BEOWNIG, ples therein set forth. DGARE COAN, We, therefore, respectfully, but earnestly, CHARLES KA TAP, urge upon our fellow-citizens in each State and S UExecutive F.ciusen FAM OWLERn, UTerritory and congressional district in the Uni. Executive. Committee National Union Club, ted States, in the interest of Union and in a We recommend the holding of the above con- spirit of harmony, and with direct reference to Vention, and endorse the call therefor. the principles contained in said call, to act DANIEL S. NORTON, JAMES DIXON, promptly in the selection of wise, moderate, and J. W. NESMITH, T. A. HENDRIIOKS, conservative men to represent them in said Con 120 POLITICAL MANUAL. vention, to the end that all the States shall at tIhe Confederate States army known as the Army once be restorec to their practical relations to of Northern Virginia. the Union, the Constitution be maintained, and Very respectfully, your obedient servant, peace bless the whole country. U. S. GRA.NT, Lieut. Gen., W. E. Niblack, Reverdy Johnseonl, Conmmanding Armies of th7e United States. Anthony Thornton, Thos. A. Hendricks, Michael C. Kerr, Win. Wright, APRI 7, 1865. G. S. Shanlklin James Gnthrie, GENERAL: I have received your note of this G.a.rett Davis,. A. mecDougall, Garretb Davis, J. A. MlcDougall, date.. Though not entirely of the opinion you H. Grider, Wm. Radford express of the hopelessness of. the further resistThomas E. Noell, S. S.' Marshall, Thomas E. Noell, S. S. Mlarshall, ance onr the part of the Army of Northern VirSamuel J. Randall, Myer Strouse, ginia, I reciprocate your desire to avoid a useless Lewis W. Ross, Chas. Sitgreaves, effusion of blood, and therefore before considering Steplhen Taber, S. E. Ancona, your proposition I ask the terms you will offer J. i. H-umphrey, E. N. Hubbell, on condition of its surrender. Johi Hogan, B. C. t. B. LEEi, Ge'nerial. B. M. Eoyer, A. Hardcing To Lieut. Gen. GTANT, Commanzdim.g Armies of Tennis G. Bergen, A. J. Glossbrenner, te United States. Chas. Goodyear, E;. V. VWright, Chas. H. Winfield, A. J. Rogers, -, 1 A. 11. Coffroth, H. McCullough, General R. E. LEE, Commanding C. S. A.: Lovell Hl. Rousseau, F. C. Le Blond, G-ErBAL: Your note of last evening, in reply Philip Johnson, W. E. Finck, to mine of same date, asking conditions on whict Chas. A. Eldridge, L. S. Trimble, I will accept the surrender of the Army of NorthJohln L. Dawson. ern Virginia, is just received. WASTEINGTOJN, Ji/ 4, G1866. IIn reply I would say that peace being my first desire, there isbut one condition I insist upon, viz: That the mien surrendered shall be disqualThe Elections of 1866. ified for taking up arms again against the GovernNEW TAPS Smyth Uiio, 35,018; Sin- ment of the United States, until properly exrclfat Smiry, HDemocra, 3,0i- y. Sh changed. I will meet you, or designate officers Deorat,'- U n 4 4 8 6-. to meet any officers you may name, for the same CoNNrEclctIt'-Hawl ey, Union, 43,974; Eng- purpose, at any point agreeable to yoh', for the lish, Democrat, 43,433.I REODE IsLSAa-.Burnside, Union, 8,1697: purpose of arranging definitely the terms upon Pierce, Democrat, 2,816. 1 lwhich the surrender of the Army of Northern OREGo-N-Wood, Union, 327 majority. Vrgi will be received At thle special election in CONNECuTIcUT, in the Very respectfully, your obedient servant, fall of 1865, on suffrae, the vote stood:U. S. GRANT, Lieut. Gen., For colored suiffirao, 27,217; against, 33,489.g r o e d majority against, 6,272. In WEST VIRGINIA, a vote was taken in May, APRIL 8, 1865. on ratifying this constitutional amendment: GENERPAL I received, at alate hour, your note "No person who, since the 1st day of June, of to-day, i answer to mine of yesterday. I 1861, has given or shall give voluntary aid or did not intend to propose the surrender of the assistance to the rebellion against the United Army of Northern Virginia, but to ask the terms States, shall be a citizen of this State, or be al- of yourproposition. To be frank, I donot think lowed to vote at any election held therein, un- the emergency has arisen to call for the surrenless he has volunteered into the military or naval der of tis amy; but as the restoration of peace service of the United States, and has been or should be the sole object of all I desire to know shall be honorably discharged therefrom." whether your proposal would tend to that end. The majority in its favor is 6,922. I cannot, therefore, meet you with a view to In the Territory of NEERAS A, a vote was surrender the Army of Northern Virginia; but taken, with this result: For the proposed State as far as your proposition may affect the Confedconstitution, 3,938; against it, 3,838. Coyngress- erate States forces under my command, and tend Marquette, Union, 4,110; Broolke, Democrat, 3,- to the restoration of peace, I should be pleased 974. G-oversor-~3Butler, Union, 4,093; Morton, to meet you a.t 10 A. nl to-morrow, on the old Democrat, 3,948. stage road to Richmohd, between the picket lines -_ ~ ~ ~~__ 2of the two armies. Very respectfully, your obedient servant; Corresponaonnc between General Grant and Gen- R. E. LEE, General C.. A. eral Lee. To Lient. Gen. U. S. ORANT, Commnsanding APRIL 7, 1865. Armies U..A. Gen. R. E. LEE, Commacndin.g C. S. A.: GENERAL: The result of the last week must APrIL 9... convince you of the hopelessness of further re- General R. E. LEE, Commanding C.. A.: sistance of the part of the Army of Northern GENERAL: YQur note of yesterday is received. Virginia in this struggle. I feel that it is so, As I have no authority to treat on the subject of and regard it as my duty to shiftfrom myself the peace, the meeting proposed for 10 A. M. to-day responsibility of anyfurther effusion of blood, by could lead to no good. I will state, however, asking of you the surrender of that portion of General, that I am equally anxious for peace POLITICAL MiILIT i~-AY MISCELLANEOUS. 121 with yourself, and the whole N.rth entertainsl, ie HIADQo'RS ARMnY OF NORTHER3 VIRGINIA, same feeling. April 9, 1865. The terms upon which peace can be had arle Lieut. Gen. U. S. GRANT, CoSn' US.. Armies: well understood. By the South laying doiwn GEN:,ERAL: I have received your letter of this their arms t.hev will hasten that most desiraTlle date containing the terms of surrender of the event, save tlihusands of human1 lives, and thn- Army1 of Northern Virginia, as proposed by dreds of millions of property not yet destroyed. you. As they are substantially the same as Sincerely hoping that all our difficulties may be those expressed in your letter of the 8th instant, settled without the loss of another life, I sub- they are accepted. I will proceed to designate scribe myself, very respectfully, your obedient the proper officer to carry the stipulations into servant, effect. US. GS.RAT, Lieut. Gen. U. S.A. Very respectfully, your obedient servant, ~-~~~~- — ~. ~ ~B.L. E. LEE, Gceneral, APRIL 9, 1865. The other Rebel armies subsequently surrenGENEREAL: I received your note of this morn- dered on substantiaily the same terms. ing on the picket line, whither I had come to meet you and ascertaain definitely whvat terms Agreement between Generals Sherman and were embra ced in your proposition of yesterday ston with reference. to the surrender of this armly. I Memorandum, or Basis of Agreement, made this now request an interview in accordance with the 18th day of April, A. D. 1865, near Durham's offer contained in your letter of yesterday for Station, in the State of North Carolina, by that purpose. and between General Joseph E. Johnston,'Very respectfully, your obedient servant, commanding Confederate army, and Major R. E. LEE, Generca. General William T. Sherman, conimanding To Lieut. Gen. GRANT4 C'o'g U. S. Armies. Army of the United States, both being present: 1. The contending armies now in the field to APRIL 9. maintain the statuis quo, until notice is given by General R. E. LEE, CommanZsdisng aO. s. A-.': the commanding general of any one to its opponent, and reasonable time, say forty-eight hours, Your note of this date is but this moment allowed. (11.50 A M.) received, in consequence of my 2. The Confederate armies now in existence to having passed fromi the Lynchburg 1roa to tle be disbanded and conducted to their several Farmville-and Lynchburg road. I am at this State capitals, therein to deposit their arms and writing about four miles west of Walter's Church, public property in the State arsenal, and eacl and will push forward to the front for the pur- officer and man to execute and file an agreement pose of meeting you. to cease from acts of war, and to abide the action Notice sent to me on this road hereyou of both State and- Federal authorities. The wish the interview to take place, will meet me. number of aums and munitions of war to be Very respectfully, your obedient servant, reported to the Chief of Ordnance at WashingU. S. GTANT, Leutz. Gesl., ton city, subject to the future action of the ConCommanding'Armies of United States. grss of the United States, and in the meantime to be used solely to mnaintain peace and order AOATTOX C. H. Apr 9 1865 within the borders of the. States respectively. TTOX C. H., Ail 9, 18-. 3. The recognition by the Executive of the General R. ]B. LEE, Corimnanding C. 8S. A.: United States of the several State governments, In accordance with the substance of my letter on their officers and legislatures taking the oath to you of the 8th instant, I propose to receive prescribed by the Constitution of the United the surrender of the Army of Northern Virginia States; and where conficeting State governments on the following terms, to wit: have resulted from the war, the legitimacy of all Rolls of all the officers and men to be made in shall be submitted to the Supreme Court of the duplicate, one copy to be given to an officer United States. designated by me, the other to be retained by 4. The re-establishment of the Federal Courts such officer or officers as you may designate. in the several States, with powers as defined by The officers to give their individual paroles the Constitution and lLws of Congress. not to take arms against the Government of the 5. The people and inhabitants of all these United States until properly exchanged, and States to be guaranteed, so far as the Executive each company or regimental comnmander sign a can, their political rights and franchise, as well like parolefor the men of their commands. The as their rights of person and property, as defined arms, artillery, and public property to be parked by the Constitution of the United States, and of and stacked, and turned over to the officers ap- the States respectively. pointed by me to receive them. This will not 6. The Executive authority of the Governembrace the side-arms of officers, nor their pri- ment'of the United States not to disturb any of yate horses or baggage. the people by reason of t'le lat e war, so long as This done, each officer and man will be al- they live in peace and quiet, andi abstain from. lowed to return to their homes, not to be dis- acts of armed lostility, and obey the laws in turbed by United States authority so long as existence at the place of their residence. they observe their parole and the laws in force 7. In general terms, tile war to cease, a genwhere they may reside. eral amnesty, so far as the Executive of the Very respectfully, United States can command, on the condition of U. S. GnRANT, Lieut. Ge. the disbandment of the (onfeder-ite armies, dis_ 122 POLITICAL MANUAL. tribution of arms, and the resumption of peace- It is reported that this proceeding of General able pursuits by the officers and men hitherto Sherman was disapproved for the following, composing such armies. Not being fully em- among other, reasons: powered by our respective principals to fulfil 1. It was an exercise of authority not vested these terms, we individually and officially pledge in General Sherman, and on its face shows that ourselves to promptly obtain an answer thereto, both he and Johnston knew that General Sherand to carry out the above programme. man had no authority to enter into any such W. T. SHERnAN, arrangement. Mfaj. Gen., Commanding Ar ay U... in 1. C.' - 2. It was a practical acknowledgment of the J. E. JoTHNSTON, rebel government. General, Go'imnancding G. S. A. in 1XV. 0. 3. It undertook to re-establish the rebel State. governments that had been overthrown at the The following official dispatch to the Asso- sacrifice of many thousand' loyal lives and imciated Press gives the particulars of its disap- mense treasure, and placed the arms and muniproval, and the supposed reasons therefor: tions of war in the hands of the rebels at their WnVASHINGTON, April 22.-Yesterday evening a -Prespective capitals, which might be used as soon bearer of despatches arrived from General Sher- a ar s t ned Saes were dsman. An. agreement for a suspension of hosmran. As lagieeuent for a suspension of los- eanded, and used to. conquer and subdue the tilities, and a memorandum of what is called a loyal States. basis for peace, had been entered into on the y te estoration of reel athorit in 18th inst., by General Sherman with the rebel their respective States they would be enabled General Johnston, the rebel Ge'feral Breckin- to re-establish slavery. ridge being present at the conGferece. 5. It might furnish a ground of responsibility A Cabinet meeting was held at 8 o'cloe in te by the F'ederal Government to pay the rebel evening at which ithe action of General Siler-n debt, and certainly subjects the loyal citizens of manl was disapproved by the tresidehlt, the Sec- rebel States to debt contracted by rebels in the retary of War, by General Grant, and by every State remtaser of tGrn Cabinet. 6. It would put in dispute the existence of General Sherman was ordered to resume hos- loyal State governments, and the new State of tilities immediately, and he was directed that Virginia, which had been recognized by the instructions given by the late President, in every department of the United States Govern the following telegram, which was penned byment. Mr. Lincoln himself, at the Capitol, on the night It pr y ed the onfiscation of the 3d of March wre aproved by President lawsho had relievghteed,our rebel, from all padegree, Andrew Johnson, and were reiterated to govern o had slaghtereourpeople, from all pains the action of military commanders. and penalties for their crimes On the night of the 3d of March, while Presi- It ve terms that ad een deliberately dent Lincoln and his Cabinet were at the Capi- etedly, and solemnly rejected by President tol, a telegram from General Grant was brought incol, andbetter terms than the reels had to the Secretary of War, informing him that ever asked in their most prosperous condition. General Lee had requested an interview or con- 9. It formed no basis of true and lasting ference to make an arrangement for terms of peace, but relieved the rebels frlom the pressure peace. The letterof General Lee was published of our victories, and left them in condition to in a message of Davis t6o the rebel Congress. ina message Thof Dbtlvif tnotl Lebe s Colires renew their efforts to overtlhrow the United General rant's telegram was submitted to Mr. States Government and subdue the loyal States Lincoln, who, after pondering a few minutes, whenever their strength was recruited and any took up his pen and wrote with his own hand pportunity should offer. the following reply, which he submitted to the's Ord Secretary of State and Secretary of War. It was then dated, addressed, and signed by the Secre- [General Orders, No. 3.] tary of War, and telegraphed to General Grant: WAT DEPARTMENT, WASHINGTON, Miarch 3, 1866, 12 P. M.-Lieu- ADJUTANT GENERAL'S OFFICE, tenant Geeral Grant: The President directs me WASINGrTON, January 12, 1866. to say to you that he wishes you to have no1 TO PROTECT PERSONS AGAINST IMPROPER CIVIL conference with General Lee, unless it be for the SUITS AND PENALTIES IN LATE REBELLIOUS capitulation'of General Lee's army, or on some STATES. minor and purely military matter. I-I instructs Military division and department commanders, me to say that you are not to decide, discuss, or whose commands embrace or are composed of confer upon any political question. Such ques- any of the late rebellious States, and who have tions the President holds in his own hands, and not already done so, will at once issue and enwill submit them to no military conferences or force orders protecting from prosecution or conventions. Meantime, you are to press to the suits il the State, or municipal courts of such. utmost your military advantages. State, all officers and soldiers of the armies of EDWIN M. STANTON, lthe United States, and all persons thereto atSecretary of War. tached, or in anywise thereto belonging, subject After the Cabinet meeting last night, General to military authority, charged with offences for, Grant started for North Carolina to direct opera- acts done in their military capacity, or purtions against Johnston's army. suant to orders from proper military au.thority; El DWIN M. STANTON, and to protect from suit or prosecution all loyal Secretary of War. citizens, or persons charged with offences done POLITICAL AND MILITARY MISCELLANEOUS, 120" against the rebel forces, directly or indirectly, Resolved, That the thanks of the Dormocracy of Pennsyli^ ~ i-t -J.' r J.1 IT i ll vania~ be tandered to the Hon. Charles it. Buckalew anu during the existence of the rebellion; and all vnce be teced to the Hon. Chance it. Outhalew and during the exion. Edgar CoWian, for their pantiolic support of the Presipersons, their agents and employ6s, charged with dent's restoration. policy: and that such thanks ar due to ihe occupancy of abandoned lands or plantations, al thp des ocratic members of oic'rcss for their advocacy of the poresss son or custody of any kind of of the restoration policy of President Johnson. property whatever, who occupied, used, possessed, or controlled the same pursuant to the T o C on tio of Pensylvania, Sarch 7. order of the Precidcentz, or any of the civil or 2. That the. most inmperative duty of'the present is to gather the legitimate fruits of the vwar, in order that our military departments of the Government, and to goistitution may come out of the rebeilion purified, our protect them from any penalties or damages -institutions strengthened, and our nationl li!fe prolonged. that may have been or may be pronounced or 8- That Failure in these grave duties would be scarcely adjudged illsaid courts~ in any of such cases; less criminal titan would have been an acquiescence in adjudged in said coturts in any of such ca s es; secession and in the treasonabl'e machinations of the conand also protecting colored persons from prose- spirators, and would be ain insult to every soldier who took cutions in any of said' - States charged with of- up ats to save he cocntry. fences foi heich white personas are not pros^ ecuted 4. That filled with admiration at the patriotic devotion fences for which white persons are not prosecuted and fearless courage wi h which Andrew Johnson resisted or punished in the same manner and degree. and denounced the efforts of the rebels.to overthrow thi By command of Lieutenant General Grant: National Government, Pcllnsc lvanica rejoiced to express her entire confidence in iis character and priccilples, and appreT a. ]D. eO\ xS\bN D, ciatiotn of his noble conduec, by bestowin'g her suffrage upon Assistant Adjutant General. him for the second position in holnor and digniity in the country. Iits bold and outspoken denunciation of the crime of treason, his firm demands Ifor the pualhinsent of the 6UPPRESSION OF DISLOYAL NEWSPAPERS. guilty offenders, and his expressions of thorough sympathy Nwith the friends of the Union, securied for him tthe warmest.UEADQUARTTERS ARMItES OF U'NITED STATES, attachment of her people, who, remelmbering' his great ser~iis 110TO1N:0 FPoeb. 17, 1S86. vices and sacrific es, vwhile tr5caitors and their sympathizers You wcil ple-ase secnd to these headquarters nas alike denounced hispatriotic action, appeal to him to stand sYouon as peasticole s e nd from timesto ce theaare-s firmly by the side, and to repose uplon tIe sipport, of the soon as practicalble, and from time to time ther~e- loyal miasse, whose votes formed the foundation of iis proafter, such copies of newspa/pers published in neotion, and who pledge to him their unswercccving- supl)ort in all measures by wuhich treason shall be stigmnatized, loyalty }four department as contain sentiments of dis- all essurs by vlitch treasoc a ed, loyalty oi depaactmentd a contain sentiments ao nis- recognized, and the fIseedom, stability, and unitl,- of the Na-coy;halty and hostility to the Government in any tional Union restored. of its branches, and state whether such paper is 5. That tie work of restoring the late insurrectionary habitual in it- utt^merance of smuch Qse~nttlilments. States to their proper relatio ns to the Uncion necessarily devolves upon the law-malkiug power, and thlat until such The persistent publication of articles calculated action shall be taken no State latety in insurrection is ontito keep oUp a hostilit~y of feeling between the tled to representation in cither branch of Congress; that, people o dl ct ~ectics of the country can- as prelimineai to such action, it is thie riglht of Congress to uinvestigate for itself the condiciion of tihe legislation of those not be tolerated. This information is called for States, to inquire respecting tlheir loyalty, and to prescribe with a view to their suppression, which will be tihe terms of restoration, and that to deny this necessary do-e froi n tlae headqlmuanrt'ors only. constitutional power is to deny and imperil one of the dearest rights belonging to our representative form of govBy order of Lieutenant General Grant: ernment, and that we. cordially approve of the action of the T. S. BOWERs, Union representatives in Congress fiom Pennsylvania on Aesisfeft Adcfutant General. tii, subject. I-V Assistc~n~ zlc~ Generan6. That no man who hlas voluntarily eng'aged in the late emn^ocQratio pon-vonc^i^n orn- Po iTi, ^eroh 5, 1866.,'slhould be allowed to sit in the Consgress of theo Union, and that the law kinown as the test oath should not be repealed, The Democracy of Pennsylvania, in Convention met, rec- but should be enforced against all claimants for seats in ognizing ac crisis in the affairs of the Republic, and esteem- Congress. ing the immtediate restoration of the Union paramount to 7. That the nationa.l faith is sacredly pledged to the pay-.all otther issues, do resolve: ment of the national debt incurred in the war to save the 1. That tihe States, cwhercof the people were lately in country and. to suppress rebellion, and that thee people will rebellion, are integral parts of the Union and are entitled not suffer this faith to be violated or impaired; but all debts to representation in Conigress by mene duly elected who bear ilncurred to support the rebellion were unlawful, void, and true faith to the Constitution and laws, and in order to of no obligation, and shall never be assumed by thie United vindicate the maxin tliat taxation without representation States, nor shall any State bie permitted to pay any eviIs tyranny, such representatives should be forthwith ad- dences of so vile and wicked engagements. umitted. 15. Tihat in this crisis of publicc affairs, full of grateful I 2. That the faith oft.he Republic is pledged to the pay- recollections of his marvellous caid memorable services on ment of the national debt, and Congress should pass all the field of battle, we turn to the example of unfaltering laws necessary for that purpose. and uncompromisiung loyalty of Lieutenant General Grant 3. That we owe obedience to the Constitution of the with a confidence not less significant and unshaken, b'ecause United States, (including the acmendment prohibiting sla- at no period of our great struggle has his proud name been ery), and under its p isios provisions will accord to those emanci- associated with a doubtful patriotism, or used for sinister pated all their riglits of person and property. purposes by the enemies of our common country. 4. That cach State has the exclusive right to regulate f17. That the Iton. Edgar Cowan, Senator from Pennsylthbe ciqualifications of its oown electors. vania, by hiis course' in the Senate or the United States, has f5. That the white race alone is cntitled to the control of disappointed the hopes and forfeited the confidence of those the Government of the Lepublic, and we. are unwilling to to whom lie owes his place, and that he is hereby most grant the neg.oes the righti to vote. earnestly requested to resign. 6. That thle bold enunciation of the principles of the The following resolution was offered as a substitute for Constitution and tie policy of restoration contaned i tlie the fourth resolution, but after some discussion was withrecent annual message and Freedmen's iBureau veto mes- drawn sage of President Johnson entitle him to the confidence and bupport of all who respect the Constitution and love their That, ei on th el-ted loyalty and deotion of Andrew Johnlson to the cause of the Union in the dark country. 7. That. the nation owes to tlh brave men of our armies days of treason and rebellion, and reemembering liis patriotic and navy a debt of lasting gratitude for their heroic services coeduct, services, and sufferings, w'ich in times past enin defence of the Constitution and thie Union; and tat dered his name to tlhe Union party; and now reposing while us e echeruhli witi a tender affection tile meeemories of full confidence in his ability; integrity, and patri,,ism, we the fallen. wee plele to ticeir widows and orphans the na- express the hope and confideicee tchat the policy of his Adtion's care and protection. ministration will be so shaped and conducted as to save the 8. Thlat we urge upthe duty of equaliin nation fCongress the perildutys whic still surround it. the bounties of our soldiers and sailors. The fourth resolution was then adopt.ed-:a1c 109, The10 following was also adopted: nays 21. 124: POLITICAL MANUAL. soneral Graant', Orier for thle Protection of Cit- the citizen must be left to the States alone, and under such regulations'as the respective States choose voluntarily to prescribe." HIEADQUARTEBS OF O Hr E AsRitY, We have seen this doctrine of State sovereignty carried ADJcUTANT (GENERAL S OFFICE, out in its practical results until all authority in Congress WASHINGTON, Jusy 6, 1866. was denied, the Union temporarily destroyed, the constitur[General Orders, No. 44.] tional rights of the citizen of the South nearly annihilated, Department, district, and post commanders in the States and the land desolated by civil war. lately in rebellion are hereby directed to arrest all persons The time has come when the restructure of Southern who have been or may hereafter be charged with the corn- Sta'te government must be laid on constitutional principles, mission of crimes and offences against oticesr, agents, citi- or the despotism, grown up nider asn atrocious leadership, enus, and inhabitants of the United States, irrespective of be permitted to remain. We know of no other plan than color, in cases where the civil authorities have failed, neg- that Congress, under its constitutional powers, shall now lected, or are unable to arrest and bring such parties to exercise its authority to establish the princiije whereby trial, and to detain them in military confinement until such protection is made coextensive with citizenship. time as a proper judicial tribunal may be ready and willing We maintain that no State, either by its organic law or to-try them. legislation can make transgression on the rights of the A-strict and prompt enforcement of this order is required. citizen legitimate. We demand and ask you to concur in By command of Lieutenant General Grant: demanding protection to every' citizen of the great Republic E. D. TowNSEND, on the basis of equality before'the law; and further. that AssisimY'ft Adjutant General. no State government should be recognized as legitimate under the Constitution in so far as it does not. by its organio law make impartial protection full and complete. UnCconlditiOnal Union Convention of iaryland, Under the doctrine of " State sovereignty." with rebels in JuneQ 6, 1866. the foreground, controlling Southern logislatures, and embittered by disappointment in their schemes to destroy the BResolved, That the registered loyal voters of Maryland Union, there will be no safety for the loval element of the will listen to no propositions to repeal or modily the regis- South. Our reliance for protection is now on Congress, and try law, which was enacted in conformity with t he provis- the great Union party that has stood and is standing by our ions of the constitutJos n and must remain in full force, until nationality, by the constitutional rig-hts of the citizen, and such time as the registerei d voters of the State shall decree by the beneficent principles of the.government. that the organic liaw shall be changed. For the purpose of bringing the loyal Unionists of the 2. That the loyal people of the State are "the legitimate South into conjunctive action with the trnue friends of reguardians and depositaries of its power," and that the dis- publican government in the North, we invite you to send loyal "lhave no just right to complain of the hardships of a delegates in goodly numbers fIron all the Southern States, law which they have themselves deliberately provoked." includin-g Missouri, Kentucky, West Virginia,?,Iarylaud, 3. That it is the opinion of this convention, that if dis- and Delaware, to meet at Independence Hall, inu the city of loyal persons should be registered, it will be the duty of Philadelphia, on the first Monday of Septemeber next. It judges of election to administer the oath prescribed by the is proposed that we should meet at that time to recommenend constitution to all whose loyalty may be challenged, and, in measures for the establishment of such government in the the language of the constitution, to carefully excludefi ome I South as accords with and prosects the rights of all citizens. votisng" all that are disqualified. We trust this call will be responded to byh numierous dele4. That we cordially endorse the reconstruction policy of gations of such as represent the true loyalty of the South. Congress, which excludes the leaders of the rebellion fiom That sind of government which gives full protection to all all offices of profit or trust under the National Governmeut, rielts of the citizen, such as our fihers intendd, we claim and places the basis of representation on the only just and as our birthright. Either the lovea s of constitutional libhonest principle, rand that a white man in.Virginia or South erty must rule the nation or rebels and their syilpathizers Caroliha should have just as much representative power, be permitted to misrule ii. Shall loyalty or disloyalty have and no more, than a white man in Pennsylvania or Ohio. the keeping of the destinies of the nation? Let the re,5. That the question,f negro suffrage is not an issue in spouses to'this call which is laow in circulation for signatures, the State of IMaryland, but is raised by the enemies of the and is being numerously signed, answer. Notice is given Union party for the purpose of dividing and distracting it, that gentlemen at a distance can have their names attached and by tus means to uhtis ble rebels to ot to it by sendinabl a request by bettr dicted to voteD. W. ing6. That wa e are pintlednanged t o the maintenanm, cesq., of Washington, D. C. ent' constitution of Ilaryland, which expressly and om T phatically prohibits bothl rebel suffrage and negro suffrage, ennessee.............. B. STOLES, and we are equally determioned to uphold the registry law, JAME5 G- TYS. which disfranichises rebels and excludes negroes friom voting, and have no desire or intention of rescinding or abolishing GEe. W. PAsCnAc, either the constitution or the registry law. LOR SHERWOD, 7. That we warn the Union en m of -Maryland "that no C..Ss Union man, high or low, should court the favor of traitors, -. W. SABIN as they catn never win it-from the first they have held him............. CLE. as their enemy, and to the last they will be his; and thalt. ~. oCn, they should eschew petty rivalries, frivolous jealousies, Jo.I. ImSO, and self-seeking cabals; so shall they save themselves fall-;. I. K SO, J..F. BENJA-MIN, ing one by one, an unpitied sacrifice, in a contemptible GEo. IV. ActoEnsom struggle."Viinia...... N. TROTH The vote upon the adoption of each resolution was unani- Vrgin......... J TRoTH, mous, with the exception of the sixth resolution, upon J. M. SBE-MV, which a division was called, and the result showed 64 yeas ALLEN C. IEARLEP N, to 14 nays. ALLEN C. IIARhNO, The resolutions were then read as a whole, and adopted L.wis MeKI zm, unanimously as the utterance of the Convention. J4OH C. ~UI VoO JomrN C. UNDERWOOD, BURNI-uAM WARDWELUIa Convention of 8outlihor Unionists, AiMx. M. DAYIS. To THE LOYAL UsION-ISTS OF THE SOUTH: oih aroZsnaa...... NRo-N LzFLxN, DJa sIEL I. GODLOiI. The grelt issue is upon us I The majority in Congress, Alabama.................G.EORGE PEESE, and its supporters, firmnly declare that " the rights of the D. I-I.. BINOHIA3, citizen enmnerated in the Constitution, and established by MVi. hI. SAFFOLD, the supreme law, must be maintained inviolate." J.'I. IAlln COBlB, Reboels &d rebel sympathizers assert that " the rights of WASI INTON, July 4, 1866. XIII.-lIteresting Figures chiefly from the Census of 1860, hearing on representation. AccordinLi - ~'- ^ ^~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Aprin a STATES.* Slaves. ~~~~~~~Wit FeeAggreg,'te 110p0e00 ta- S~lhite Males CoApore oltion-L116 faIfths to whole According STATES.* PopulWhite.'Clree. Savs Po latihon tri'on ov~er of0i0oB iit11s0 laeP(-poonhat', to WNhite'0. Censns!S~~~~~~~~f 86. late op n. hij Population. Colored. P " lation. - 20. of 1509. nlation. ~~~~Colored. ifae California..........................3.8................ 110 4086... 379,994 362,196 206.442 2,339 1.08,840 3............... 3 7 Cdhnecticut....................... 451,504 8,627.................. 460,147 460147 127,996 2,091 77,246 4............... 4 4 Illinois............................................ 1,704,291 7.2.................. 1,711,941 1.711,901 49 503 1, 53 339,003 14............... 13 15 Indiana,............'......'................... 1338,710 11428.................. 1,350.428 1 316.R04 2,565 272,143 1I............... 10 11 Iowa...........................................:............ 673,779 1069............... 674,913 674.913 16.515 290 12,331 6............... 5 6 Kansas............................................. 106,390 625 2 107,206 107.206. 31.037 149.................. 1.....1 1 aie............................................................ 626,947 1,327.................. 62",279 6280279 167,724 3962 97,1 5.5 6 Massachusetts............................................. 1,221,432 9 602.................. 1,2 1,066 1231066 339o086 2,512 169,175 10.... 9 12 Michigan....................................... 706,142 6799.................. 749,113 749,113 200.474 1,918 154,747 6........0...... 6 7 Minnesota-.................................................... 169,395 259...... 172,023 172,023 48,186 65 34,799 2............... 2 2 New lanpshire.............................................. 325,579 494.................. 326,073 326,03 91.954 149 65,953 3.............. 3 3 New Jersey................................................ 46699 253 1 - 2 5- 672,027 1741 6,291 121,12 5............... 5 6 New York................................................... 3.831,590 49,005.................. 3,880,735 35880735 1,027,344 12,989 675,156 30............... 29 35 Q Ohio........................................ 2,302,808 36,67.....,9,511 2,339,511 562,901 8,7 70 442,41 19............... 18 19 Oregon........................................................... 52,160 128.................. 52,405 52,465 17,736 53 14,410 1............... I 1 Z Pennsylvania. 2,849,529 56,949.................. 2,906,215 2,906,215 702,316 13,631 476,442 24 22 24 1 Dkhode Islandc.................................................. 1 0 649 3,952...........I...... 174,620 0 174,620 46,417 1,023 19,951 2............... 2 2 D Vermont......................................................... 14369... 15 315.098 07,42 194 42,844 3............... 3 3 Wisconsin...................................................... 1773,693 1,171.................. 775.881 775,881 198,014 353 152,170 6................ 6 7 1-3 18,653,776, 225,849 20 18,907,753 18,889,947 4,944,272 57,497 3,93. 156 147 171 ^ Alabahna........................................................ 526,271 2,690 435.8 O 964,201 790,169 118,580" 6,45 90,357 6 - 1 7 4 2 Arkansas........................................................ 324,143 144 111,115 435450 391,004 73,963 25,044 5',053 3 1 3 3 Delawares.................................................. 90,589 19,829 1,798 1120,216 111,496 22,429 4,679 1609 1...............1 1 Florida................................................ 77,747 932 61,745 140,424 115,726 18,687 14,315 14.47 1............... 1 1 Georgia. 91,550 3 500 462,198 1057,286 872,406 132,479 97,170 106,365 7 2 8 5'Kentucky....................................................... 919,484 10.684 225,40 1155,584 1,065,450 217,883 50,442 146,216 9 1 9 8 Louisiana...................................................... 357,456 18,647 331,726 708 002 575,311 101,499 101,814 50,510 5 2 6 4 Maryland....................................................... 515,918 83,94 87,189 687,049 652.173 128,371 38,09 92,502 5............... 5 5 Mississippi...................................................... 353,899 773 436,631 791305 616652 85,88 113,828 69,120 5 2 6 3 iHssouri..................................... 1,063,489 3,572 114,931 1182,012 1,106039 268.262 21,872 165,518 9 1 9 9 North Carolina............9................................... 629,942 30,463 31 59 992.62 2 860197 143,443 4,356 47,691 7 2 8 5 Sout aroina2........................... 29100 9914 402, 06 70,708 542,745 68,14 87,781 35,0 4 2 2 Tennessee....................................................... 826.722 7,300 275,719 11 0201 999513 189,470 561770 15,33 8 1 9 7 Texas............................................................ 4200891 36041 38 509.5 38704 6298 4 1 54 Virginia*.................. 1,047,299 5Sl0-B2 490,865 15 96,318 1, 99,972 245,683 123,613 167,223 1I 2 12 9 8,036,700 250,787 S,950,511 _12,240293 10,660.081 1,924,375 4.85 1,2 00 85 18 94 70 Grand Total9. 2 0,476 46, " 6 950531 31,148.046 95002 688 7 100 8 4,606 2 241 _ 18 241 241 Representative Ratio................................................................2.......... 2................................................... I... 133,700 29,300 * Nievada admitted since, with onen epresentatire- making whole number, at present, 2412. West Virgina created since, with threa Representatives-leaving Virginia 8, instead of 11 allowed in 1860 I Including Asialics..stimatedc. ~~~126 ~POLITICAL MANUAL. Votoes in the U S. H. ouse of Representatives on the Various Tariff8. Tariff of Tariff of Tariff of Tariff of Tariff of Tariff of Tariff of Tariff of Tariff of -a"f 1816. 1824. IS28. 1832. 1842. 1846. 1857. 1861. 1864. B STATES._____ i i. t g u A A; i'_ Cd m;1~~~-. Cs MI. C? 5-;5. a5 0 ca a cS a c a) C a D a, c NEW ENGLAND STATES. Maine....................................... 1 6 0 7 6 1 3 3 7 1 6 0 5 0 3 0 3 0 New I-ampshire........... 1 3 1 5 4 2 5 0.0 4 4 0 1 1 3 0 2 1 3 0 Vermont....................... 4 1 5 0 4 1 0 3 5 0 0 3 0 3 3 0 0 3 0 3 Massachusetts............... 7 4 1 11 2 11 4 8 10 1 0 9 9 0 9 0 8 0 10 0 Connecticut.................. 2 2 5 1 4 2 2 3 6 0 0 4 4 0 4 0 1 0 2 0 Riode Island............. 2. 0 2 0 1 1 0 2 2 0 0 1 1 1 2 0 1 0 2 0 16 10 15 23 15 24 17 17 V 8 11 18 21 5 26 0'18 1 23 0 MIDDLE STATES. -- - - - NewYork.....................20 2 26 8 27 6 27 2 23 9 14 16 16 12 18 2 14 2 6 4 Newv Jersey.................. 5 0 6 0 5 0 3 3 6 0 0 5 2 1 4 0 1 1 1 3 Pennsylvania................17 3 24 1 23 0 14 12 19 0 2 23 3 15 22 0 15 0 19 1 Delaware.................................. 0 1 0 0 1 1 0 0 1 0 1 1 0 1 0 0 1 Maryland............. 2 5 3 6 1 5 8 0 4 3 1 2 4 1 2 2 1 0 1 4 44 10 60 15 57 11 52 18 53 12 17 47 25 30 47 4 32 3 37 13 SOUTHERN STATES. -.igii........... I 2ot /o 15olo8 Virgi nia.......3 31 4............ 111 8 31714 113...... West itginia............................................................................................3 0 NorthCarolina....... O11 013 0 13 8 4 O l 5 3 6 0 0 4.................. onth Carolina............... 3 0 9 0 8 3 6 0 6 7 0 4 0 4........................ eorgia........................ 3 3 0 7 0 7 1 6 0 8 5 2 4 0 0........................ Florida.................................................................................... 0 1 0 0 0................ Alabama....................... 0 3 0 3 2 1 0 4 7 0 7 0 0 8...................... Mississippi................................. 0 1 0 1 1 0 0 2 4 0 4 0 0 3.................. Louisiana..................... 0 1 0 3 0 3 1 2 2 1 3 1 4 0 0 2...................... 0exas..................................................................................... 2 0 1 0 0 l........................ 1431157 3802727 54948 744 0 037. 3 0 1 57 3 0 ST............ WESTERN STATES. ~ ~ ~ ~ ~~ _ - -.~ Rentucky................ 6 1 111 0 12 0 9 3 4 8 97 6 2 4 4 0 4 1 7 Tennessee................. 3 2 2 7 0 9 9 1 13 6 6 7 0 1 3...................... Ohio.... 5 014 013 0 13 0.9 6 12 8 5 14 13 5 4 10 15 3 Indiana................... 2 0 3 0 3 0 3 3 6 2 3 8 2 4 2 4.0 7 Illinois........................ 0 1 0 1 0 1 2 4 0 4 4 4 2 3 4 0 12 Missouri.................................... 0 0 1 1 0 1 1 4 0 0 3 0 4 5 0 2 41 A rkansas...................................................................... 0 1............ 2 0 0 0........................ Iowa................................................1 0..6.... 0 2 3 Michigan...................................................................... 1 0 3 0 1 3 3 0 4 0 4 0 M innesota......................................................................................................... 2 0 1 0 0 2 W isconsin............................................................................................. 1 2 2 0 2 2 2 2 Kansas........................................................................................ 1 0 1 0 141 3 31 7 29 10 36 3 24 34 38 23 30 37 32 22 28 24 27 40 PACOIFO STATES, California................................................................................. 2 0 0 1 3 0 2 0 Oregon~~~~~~~~~~/.......0 n....................................1 0 20014 304'0 1....................................................................... 2 0 0 1 3 0 4 0 and Total.......... 88 54 107 102 105 132 65 1041 103 114 95 122 72 105 64 81 28 94 53 Statement of the Public Debt of the United States on the 1st of'JTune, 1866. Debt bearing Coin Interest.............................................................................. 1,195,825,191 80 Debt bearing Currency Interest...]..................................................................... 1,147,222,226 28 Matured Debt not presented for payment............................002............................... 4,900,29 64 Debt bearin O Interest.-U.S. Notes................................................................ $402,128,318 00 Mractional Currency................................................. 27,334,965 041 Gold Certificates of Deposit....................................... 22,568,320 00 6 ~ ____ ~ 452,031,603 04 Total Debt..................................................................................................................... 0 276 Amount in Treasury, Coin................................................................................ 50,679,957 72 Currency......................................................................... 79,011,125 52 aifora ~ - 129,691,083 24 Amount of Debt, less Cash in Teasury.............................................................................. $2,670,288,367 52 July 12-In SENATE, postponed till December next-yeas 23, nays 17, as follow: YEAS-MSesrs. Brown, Davis, Doolittle, Foster, Grimes, Guthre, Harris, Hlenerson Ilend1 ic7s, 7b7nso, Kirkwood, lane, Morgan, Nesitlh, Norton, Pomeroy, -Riddle, Sauds bursy, Sumner, Tiumbull, Willey, Williams, Wilson-23. NAY-)S~lessrs. Anthony, Chaidler, Clr, r Conness, Cowan, Cragin, Edmunds, Fessenden, H N.owrd, Howe, Poland, Ra4a, aey, Sherman, Sprague, Stewart, Yan Winkle, Wade-17. PONLTICAL IMANUAL FOR 1867. xiV. PRESIDENT JOHNSON'S SPEECHES. On receiving the Proceedings of the Philadel- they have returned to civil pursuits, we need phMa 14th of August Convention. their support in our efforts to restore the Gov1866, August 18 A committee of the' Con- ernment and perpetuate peace. [Applause.] So vention presented the proceedings through their far as' the executive department of the GovernChairman, Hon. Reverdy Johnson, who made ment is concerned, the effort has been made to some remarks in so doing. restore the Union, to heal the broach, to1pour President JOHrrSON replied: - oil into the wounds which were consequent upon MR. CHAIiRM iNA ANID GCEITLEaIrEN OF THE COM- the struggle, and (to speak in common phrase) ITTEE: Language is inadequate to express the to prepare, as the learned and wise physician emotions and feelings produced hy this occasion. would, a plaster healing in character and coexPerhaps I could express more by permitting tensive with the wound. [Applause.] We silence to speak and you to infer what I ought thought,' and we think, that,ve had partially to say. I confess that, notwithstanding.the ex- succeeded; but as the work progresses, as reconperience I have had in public life and the audi- ciliation seemed to be taking place, and the ences I have addressed, this occasion and this country was becoming reunited, we found a assemblage are calculated to, and do, overwhelm disturbing and marring element opposing us. me. As I have said, I have not language to In alluding to that element I shall go no further convey adequately mvy present feelings and emno- than your Convention and the distinguished tions. gentleman who has delivered to me the report In listening to the address which your eloquent of its proceedings. I,.shall make no reference and distinguished chairman has just delivered, to it that I do' not believe the time and: the the'proceedings of the Convention, as they trans- occasion justify. / pired, recurred. to my mind. Seemingly, I par- We have witnessed in one department of the took of the inspiration that prevailed in the Government every endeavor to' prevent the resConvention wIlhen I received a dispatch, sent by toration of peace, harmony, and Union. We two of its distingnished members, conveying in have seen hanging upon the verge of the Govterms the scone which has just been described, eminent, as it were, a body called, or which of South Carolina and Massachusetts, arm iin assumes to be the Conoress of the United States, arm, marching into that vast assemiblage, and while in fact it is a Congress of only a part-of thus' giving evidence that the two extremes had the States. Wc have seen this Congress pretend come together again, and that for the future to be for the Unionu when its every step and act they were' united, as they had' been in the past, tended to perpetuate disunion and make a disfor the preservation of the' Union. When I wds ruption of the States'inevitable. Instead of thus informed that in that vast body of men, promoting reconciliation and harmony, its legisdistinguished for intellect and wisdom, every lation has partaken of the character of penalties, eye was suffused with tear's on beholding the retaliation, and revenge. This has been the scene, I could not finish reading the dispatch to course and the policy of one portion of your one associated with me in the office, for my own Government. feelings overcame-me. [Applause.] I think we'The humble individual who is now addressing may justly conclude that we are acting under a you stands the representative of another departproper inspiration, and that we need not be ment of the Government.. The manner in mistaken that the finger ofan overruling and which lie was called upon to occupy that posiunerring Providence is in this great movement. tion I shall.'not allude to on this occasion. The nation is in peril. We have just passed Suffice it to say that he is here under the Conthrough a mighty, a bloody, a momentous ordeal; stitution of' the country, and heing here by and yet-do not find ourselves free from the virtue of its provisions, he takes his stand upon difficulties and dangers that at first surrounded that charter of our liberties as the great rampart'us. While our brave soldiers, both officers and of civil and religious liberty. [Prolonged cheermen, [turning to CGeneral Grant, who stood at ing.] Having been taught in my early life to his right,J have by their heroism won laurels hold it sacred, and having done so during my imperishable, there are still greater and more whole public career, I shall ever continue to important duties to perform; and while we have reverence the Constitution of my fathers, and to had their co-operation in the field, now that make it my guide. [Hearty applause.] 1[28 POLITICAL MANUAL. I know it has been said (and I must be per- 1 a minority assume to exercise power which, if mitted to indulge in the remark) that the execu- allowed to be consumiated, would result in destive department of the Government has been potismor monarchy itself. [Enthusiastic ap despotic a.nd tyrannical. l,et me ask this au- planse.] This is truth and because others as dience of distinguished gentlemen to point to a well as myself, have seen proper to appeal to vote I ever gave, to a speech I ever made, to a the patriotism and republican feeling of the single act of my whole public life, that has not country, we have been denounced in tLe severest been against tyranny and despotism. What terms. Slander upon slander, vituperation upon position have I ever occupied., what ground vituperation, of the most virulent character have I ever assumned, where it can be truthfully has made its way through the pres What charged that I failed to adv'ocate the ameliora- gentlemen, has been your and my in? What tion and elevation of the great masses of my has been the cause of our offending? I will tell countrymen? [Cries of "Never," and great you. Daring to stand by the Constitution of our applausen.] fatheri. So far as charges of this kind are concerned, I consider the proceedings of they are simply intended to delude the public this Convention equal to if not more important mind into the belief that it is not the designing than those of any convention that ever assem men who make such accusations, but some one bled in the United States [Geat applause else in power, who is usurping and. trampling When I look upon that collection of citizens upon the rights and perverting the principles of coming toether voluntarily, and sitting in coun the Constitution. It is done by them for the cl, with ideas, ith priniples and s coinpurpose of covering their own acts. [" That's mensurate with all the States and co-extensive so," and apaunse.] And I have felt it my duty, witi the whole people, and contrast it with a in viandication of principle, to call the attention Congress whose policy, if persisted in, will ds of my countrymen to their proceedings. W he countroy, I regad it as more important we come to examine who has been playing the than any convention that has sat-at least since part of the tyrant, by whom do we find despot- 1787 [Renewed applause.] I think I may also ism exercised? As to myself, the elements of say that the declarations that were there.. made my nature, the pursuits of miy life, hlave not are equal to those contained in the Declaratioi made me, either Ail my feelings o.r in my practice, of Independence itself and I here to-day proaggressive. My nature, on the contrary, is nounce them a second Declaration of Independrather defensive in its character.:But having encthusitaken my stand upon the broad principles of astic and prolonged applause.] Your address liberty and the Constitution, there is not power and declarations are nothing more nor less than enough on eailth to drive me from it. [Loud a reaffirmation of the Constitution of the United and prolonged applause.] Having placed ny- States. [Cries of "Good!" and applause.] self upoim that broad platform, I have not bhen Yes, I will go further and say that the decawe* or dismayed or intimidated by either larations you have made, that the principhes you threats or encroachments, but have stood there, have enunciated in your address, are a second in conjunction with patriotic spirits, sounding proclamation of emancipation to the people of the tocsin of alarm when I deemed the citadel the United States. [Renewed applause.] For of liberty in danger. [Great applause.] in proclaiming and reproclaiming these great I said on a previous occasion, and repeat now, truths you have laid down a constitutional platthat all thiat was necessary in this great contest form on which all, without reference to party, against tyranny and despotisn ways that the can make common cause, engage in a common struggle should be sufficiently audible for the effort to break the tyranny which the dominant American people to hear and properly under- party in Congress has so unrelentingly exercised, stand the issues it involved. They did hear, and and stand united together for the restoration of looking on and seeing who the contestants were, the States and the preservation of the Governand what the struggle was about, determined inent. The question only is the salvation of the that they wvould settle this question on the side country for our country rises above all party of the Constitution and of principle. [Cries'of consideration or influences. [Cries of "Good!" "That's so,' and, applause.] I proclaim here to- and applause.] How miany are there in the day, as I have on previous occasions, that my United States that now require to beh free? They faith is in the great mass of the people. In the have the shackles upon their limbs and are bound darkest moment of this stnggleh, when the clouds as rigidly by the behests of party leaders in the seemed to be most lowering, my faith, instead of National Congress as though they were in fact giving avay, loomed uap troughtheir gloom; for, in slavery. I repeat, then, that your declarabeyond, I saw that' all would be welhl in the end. tion is the second proclamation of emancipation My countrymen, we all know that, in the lan- to the people of the United States, and offers a gliage of' Thomas Jefferson, tyranny and despo- common ground upon which all patriots can tismean be exercised and exerted more effectually stand. Q [Applause.] by the many than tIme one. We have seen-Con- In this connection,.Mr. Chairman and gentlegress gradually encroach step by step upon con- men, let sme ask what have I to gain more than stitutional righits, and violate, day after day and the advancement of the public avelfare? I am month after month, fundamental principles of as muca opposed to thei indulgence of egotism time Government. [Cries of "That's so,"'and as anyone; but here, in aconversational manner, applause.] We have seen a Congress that seemed while formally receiving the proceedings of this to forget that there wavas a limit to the sphere and Convention, I maybe permitted again to inquire, scope of legislation. We have seen a Congress in swhat have I to gain, consulting human anibi PRE ENT JOIHNSON'S SPEECHES.. 129 tion, more than I'have gained, except one, thing.der existing circumstances, gratifying to me; and -the consummation of th egreat work of resto- in saying they are gratifying to me I wish not ration? My race. is nearly run. I have been to indulge in any vanity. If I were to say le& placed in. the high office which I occupy by the I should not speal; the truth, and it is always Constitution of the country, and I may say that best to speak the truth and t6 give utterance to have held, from lowest to highest, almost every our sincere emotions. In being so kindly atstation to which a man may attain in our Gov- tended to, and being received as I have been ernment. I have passed through every position, received on this occasion-here.to-night, and in from alderman of a village to the Presidency of your city to-day by such a demonstration-I am the United States. And surely, gentlemen, this free to confess that this overwhelms me. But should be enough to gatify a reasonable ambi- the mind would be exceedingly doll and tho heart almost without an impulse that could not If I had wanted authority, or if I had wished give utterance to something responsive to'what to perpetuate myown power, how easily could I has been said and been done. [Cheers.l And behave held and wielded that which was placed in lieve me on this occasion, warm is the heart that roy hands by the measure called the Freedmen's feels and willing is the tongue thatspeaks, and I Bureau bill. [Laughter and applause.] With would to God it were in my power to reduce to an army, which it placed at my discretion, I sentences and to language the feelings and emocould have remained at the capital of the nation, tions that this day and this night have produced, and with fifty or sixty millions of appropriations [Cheers.] I shall not attempt, in reference to at my disposal, with the:'machiniry to be un-. what has been said and the manifestations that locked by my own hands, with my satraps and haveb been made, to go into any speech, or to dependants in every town and village, with the make any argument before you on this occasion, civil rihts bill following as a auxiliary, [laugh- but merely to give utterance to the sincere sentiter,] and with the patronage and other appli- menLs of my heart. I would that I could utter ances of the Government, I could. have proclaimed what I do feel in response to this outpourin g of the my-self dictator. [" That's true l" and applause.] popular heart which has gone forth on this occaBut, gentlemen, my pride and my amb''tion sion, and which will as a legion spread itself and have been to occupy that position which retains communicate with every heart throughoitt the all power in the handseof the peopie. [Great Confederacy. [Cheers.] All that is wanting in cheering.] Itis upon themIhave al-ways relied; the great struggle in which we are engaged is.it is' upon them Irely now. [A -voice: "And simply to develop the popular heart of the nathe people will not disappoint you."] And I tion. It is like latent fire. All that is necessary repeat, that neither:the taunts nor jeers of is a sufficient amount of friction to develop the' Congress, nor of a subsidized, calumniating press, popular sentiment of the popular feeling of the can drivemefrom my purpose. [Greatapplause.] American people. [Cheers.] I know, as you I acknowledge no superior except my God, the know, that we havejust passed through a bloody, author of my existence, and -'the people of the perilous conflict; that we'have gentlemen who United States. [Prolonged and enthusiastic are associated with us on this occasion, who have cheering.] The commands of the one I try to shared their part and participated in these strugobey as best I can, compatible with poor hu- gles for the preservation of the Union. [Great inanity. As to the other, in -a political and rep- applause.] Here is the Army, [pointing to the resentative sense, the "high beleests of the people right, where sat General Grant,] and here the leave always been, and ever will be, respected Navy [pointing to the left in the direction of and obeyed by me. [Applause.] Admiral Farragut.] They have performed their Mr. Chairman, I have said more than I had part in restoring the Government to its present intended to say. For the kind allusion to myself, condition of safety and security; and will it be contained ie your address, I thank you. In this considered improper in me, on this occasion, to crisis, and at the present period of my public say that the Secretary of.State has done his part? life, I hold above all price, and shall ever recur [Cheers.] As for the humble individual who with feelings of profound gratification, to the now stands before you, and to whom you have resolution containing the endorsement of a con- so kindly and pleasantly alluded, as to what vention emanating spontaneously from the great part he has performed in this'great drama, in mass of the people. -With conscientious convic- this struggle for the restoration of the Govtion as my courage, the Constitution as my guide, ernment and the suppression of rebellion,. I and my faith in the people, I trust and hope that will say'that I feel, though I may be included my future action may be such that you and the in.this summing up, that the Government has Convention you represent may not regret the done its duty. [Cheers.] But though the Govy assuranice of confidence you have so generously erinent has clone its duty, the wvork is not yet expressed. [" We are sure of it."]' complete. Though we have passed through Before separating,'my friends, one and all, fields of battle, and at times have almost hoee please accept- my heartfelt thanks for the kind constrained and forced to the conclusion that we manifestations of regard and respect you have siould be compelled to witness the Goddess of exhibited on this occasion. Liberty, as it were, go scourged through fields of carnage and of blood, and make her e it, and In Now York, August 29. that our Government would be a failure, yetv we GENTLEMCEN: The toast which has just been are brought to a period and to a time.e in whicl drank, and the kind sentiments which preceded the Government has been successful. Whlihe the it in the remarks of your distinguished represent- enemy have been put down in the field theme is ative, the mayor of this city, are peculiarly, un- still a'greater and more.. important taskt or you 9 180 POLITICAL MANUAL. and others to perform. [Cheers.] I must be injury that has been inflicted upon the people permitted~-and I shall not trespass upon you a North and South, of this Confederacy now to wmoment-I nmust be permitted to remark, in this continue this disrupted condition of the country? connection, that the Governinent commenced the [Cries, "No no!" "Never!" Cheers.] Let ms suppression of this rebellion for the express pur- ask this intelligent audience here tonight, in the pose of preserving the union of these States. spirit of Christianity and of sound philosophy [Cheers.] That was the declaration that it made, are we prepared to renew the scenes through and under that declaration we went into the war which we have passed? ["No!no no! ] Are and continued in it until we suppressed the re- we prepared again to see one portion of this bellion. The rebellion has been suppressed, and Government arrayed in deadly confict against in the.suppression of the rebellion it has de- another portion? Are we prepared to seethe clared and announced and established the great North arrayed against the South and the South fact that these States had not the power, and against the North? Are we prepared, in this it denied thbir right, by forcible or by peaceable fair and happy Government of freedom and of means, to separate themselves from the Union. liberty, to see man again set upon man, and in [Cheers. "Good."] That having been deter- the name of Godlift his hand againstthe throat mined and settled by the Government of the of his fellow? Are we again prepared to see United States in the field and in one of the these fair fields of ors, this land that gave a departments of Government-the executive de- brother birth, again drenched in a brother's partment of the Government-there is an open blood? ["Never,cnever. Cheers.] Arewenot issue; there is another department of your Gov-. rather prepared to bring from Gilead the balm ernment which has declared by its officials acts, that has relief in its character and pour it into and by the position of the Government, notwith- the wound? [Loud cheering.] Iave not we standing the rebellion was suppressed, for the seen enough.totalk practically of this matter?,purpose of preserving the Union of the States HI-I not this array of the intelligence, the inand establishing the doctrine that the States tegrity, the patriotism, and the wealth a right to could not secede, yet they have practically as- talk practically? Let us talk about this thing. sumed and declared, and carried up to the present We have known of feuds among families of. the point, that the Government was dissolved and mostrespectable character, which would separate, the States were out of the Union. [Cheers.] and the contest would be angry and severe yet We who contend for the opp.osite doctrine years when the parties would come together and talk ageo contended that even the States had not the it all over, and the differences were understood, right to peaceably secede; and one of the means they let their quarrel pass to oblivion; ad we and modes of possible secession was that the have seen them approach each other with ecStates of the Union might withdraw their repre- tion and kindness, d felt gratified the fd sentatives from the Congress of the United had existed, because they could feel better arterStates, and that would be practical dissolution, wards. [Laughter and applause.] They are our WVe deonied that they had any such right [Cheers.] brethren. [Cheers.] They are part of ourselves. And now, when thedoctrine is established that [" Hear! hear!"] They are bone of our bone and t'ey have no right to withdraw, and the rebellion flesh of our flesh. [Cheers.] They have lived is at -an end,'and the States again assume their with us and been part of uts from the establish)osition and renew their relations, as far as in ment of the Government to the conimencemenit them lies, with the Federal Government, we find of tie rebellion. They are identified with its that when they. present representatives to the history, with all its prosperity, in every sense of Congress of the United States, in violation of the the word. We have had a hiatus, as'it were, but sacred charter of liberty, which declares that you that has passed by and we haIve come together cannot, even by amendment of the Constitution again; and now, after having understood what of the United States, deprive any one of them the feud vwas, and the great apple of discord reof their representation-we find that in violation moved; having lived under the Constitution of of the Constitution, in express termrs, as well as the United States in the pastthey.ask to live under in spirit, that these States of the Union have it in the future. May I be permitted- to indulge been and still are denied their representation in in a single thought here? I will not detain you tie Senate and in the House of Representativesr a moment. [" Go on." "Go on." "Go on." "Will we their, in the struggle which is-now before Cheers.] You [turning to Mayor Hoffman] are us, submit, will the American people submit, to responsible for having invoiced it. [Laughter.] this practical dissolution, a, doctrine that we have What is now said, gentlemen, after the Philarepudiated, a doctrine that we have declared as delphia Convention has mset to pronounce upon ~having no justice or rii1t? The issue is before the condition of the country?'What is now TOn and before the country. Will these SEtates said? Why, that these men who met'in that,e permitted to continue and remain as they are Convention were insincere that their utterances in practical dissolution and destruction, so far as were worthless; that it is all pretense, and they representation is concerned? It is giving the are not to be'believed'. When you talk abous lie direct-it is subverting everys ingle argument it, and talk about red-handed rebels, and all and position we have made and taken since the that, who has fought these traitors and rebels rebellion commenced. Are we prepared now, with more constancy and determiination than after having passed through this rebellion; are thre in'dividual now before you? W\bhohassacriwe prepared, after the immense amount of blood ficed and suffered more? [Cheers.] But because that has been shed;.are we prepared, after iaving my sacrifices and sufferinus have been great, and accumulated a debt of over three thousand mil- as' an incident growingr olut of a great civil war, lions of dollars; are we prepared, after all the should I become deador insensible to truth or PRESIDENT JOINSONS SPEECiES. 131 principle? ["No, 1no." Cheers.] But these men, was the reason that they offered for that sepnranotwithstanding they may professnow loyalty tion? Your attention. The time has come to.and Devotion to the union of theo States, are think; the time has come to consult Our brain, said to be pretenders, not to be believed. What and not the impulses and passions of the heart. better evidence can you have of devotion to The time has come when reason should bear the Government'than profession and- action? sway, and feeling and impulse should be subWho dare, at this day of religious and. political dued. [Cheers.] What was the reason, or one freedom, to set up an inquisition, and come into of the reasons at least, that the South gave for -~he hutman bosom to inquire what are the senti-'separation? It was that the Constitution was rents there? [Cheers.] llHowv many men have encroached upon, and that they were not selived in this Government from its origin to the cured in their rights under it. That ias one of.presen~t time that have been loyal, that have the reasons; whether it was true ori alse, that obeyed all its laws, that have paid its taxes, amnd was the reason assumed. We will separate fromr sustained ithe Governim-ent in the hour of peril, this Government, they said, becau se we. cannot yet in sentiment swould have preferred a change, have the Constitution executed; and, tlerefore, or v/oilJd hiave preferred to live under some other we will separate anrd'et up the same Constituform of government? But the best evidence- tion, and enforce it under a government of our y.ou can have is their practical loyalty, their own. But it was separation. I fough't then professionsm and their actions. [" Good,"good,".against those who proposed this. I took my and capplause.] Then, if these gentlemen in position in the Sent. of the United States, and convention) from the North and South, come for" assumed then, a.s I have since, that thlis Union ward eand profess devotion to the Union and the was perpetual, that it was a great imagic. circle Constitutionoftes tae, hn h ions of tneseer tobeStates, broen. [Cheers.] But tto be reason and 1professions are for loyalty, who dare as- the South gave was that the Constitution. could sRume' the contrary? [Cheers.] - If we have not be enforced in the present condition of the reached, that point in our country's history, all country, and hence they would sepa.,rate. They confidence is lost in man. If we have reached attempted to separate, but they failed. But that pointthat we arenotto trusteach other, nd while thec question was pending, they estabour confidence is gone, I tell you your Govern- lishbed a form of government; and what form of mentis not' as strong as a rope of sand. It has government'vwas it? What kind of Constitution no weiIt; it will crumble to pieces. This Gov- did they adopt? Was it not the same, with a ernnent- has no tie, this -Government has no few variations, as the Constitution of the United bindin d adhesive power, beyond the confi- States, [Cheers, and "That's so "] the Condence and trust in the people. ["Hear,.hear." stitution of the United States, under which they,.Loud applause.] But these men who sit in con- had lived from the origin of the Goveunsment up vention, who sit in a city whose professions to the time of their -attempt at separation? They have- been, in times gone by, that they were a made. the experiuentf of an attempted separation peace-loving and war-hating people-they said under the plea that they desired to live under there, and their professions should not be doubt- that Constitution in a government where it would ed, that they have reached a point at which be enforced. We said "You shall not separate, they say peace must be made; they have come you shall resumain with us, and. the Constitution to a point at which they want -peace on earth shall be preserved and enforced." [Cheers j Tho and good-will to men. [Loud cheers..] And rebellion has ceased. And when their arms were now) what is the argument in excuse? We put down by the Army and Navy of the United won't believe you, a'nd therefore this dissolution, States, they accepted the terms of the Governthis practical dissolution, must be continued to meat. We said to them, before the termination exist: Your attention to a single point., Why of the rebellion," Disband your armies, returii is a southern man not to be believed? and I do to your original position in the Government, not speak here to-night because I am. a southern and we will-receive you with openasum The man, and because my infant. view, first saw the time came.when their armies were.disbanded light of hearven in a southern State. [" They are un,4er the leadership of my distinguished friend to be believed."] Thank God, though I say it on the right, [General Grant.] ["Three cheers myself, I feel that I have attained opinions and for General Grant."] The.Army and the Navy notions that are coextensive with all these States, dispersed their forses. What were the terms of with all the people of them.. [Great applause. capitulation? They accepted the proposition The rw hole audience rose and waved their hand. of: the Government, and said,. "We have been kerchiefs at this sentiment. Voice-" That's the' mistaken;y we selected the arbitrament of the best thing to-night."] While I am a southern sword, and that arbiter has decided against us; man, I am a northern man; that is to say, I am.and that being so, as honorable and manly men, a citizen of the United States, [cheers,] and I we accept the terms you offer us."' The query am willing to concede to all other citizens what comes up, will they be accepted? Do we want Iclaim for myself. [" Sound."] But I was going. to humiliate them and degrade them, and tread to bring to yo1ur attention, as I am up, and you them in the dust? [" No, no " Cheers.]. I say isustnotencou'ageirc e too much,.["Good! good!".] this, and I repeat it here to-night, I do not for some of those men who have been engaged want them- to come back into this Union a dein this thing, and pretty well broken down, graded and debased people..[Loud cheers.] They require someetimes a little effort to get them are not fit to be a part of this great Americams warmned.' [Laughter.] I was going- to call your family if. they are degraded and treated with attention to a point. The southern States or ignominy and contempt. I want them when they their leaders proposed a separation. Iow, what come back to become a part of this great coun 132 POLITIOAL MANUAL. try, an honored. portion of the American people. out the North, ["That's so," and applause.] I I want them to come back with all their man-, have heard an ideaa'dvanced that if we let the hood; then they are fit, and not without t.hat, to southern members of Congress in tey will conbe a part of theso United States. [Cheers. "Three trol the Government Do vou want to cheers for Andrew Johnson."] I have.not, how- erned y rebels [Cries of "Never " No, no.r' ever, approached the point that I intended to men- We want to let loyal men in ["Hear, hear." tion, and I know I anm talking too long. [" Go on," and none but loval men. [" Goo good." But "go on," "goon,."] Why should we distrust I ask here to-night in the fage of tis itelU" the southern people and say they are not to be gent audience upon what does the face of the belie ed? I tave -just called your attention to observation rest, that coming f the the Cointitution under which they were desirous South will control the country to its destruction? to live;and that was the Constitution of their Taking the entire delegation the South, fifty fathers, yet they wanted it in a separate condi- eight members, what is it compared with the tion. Having been defeated in bringing about two hu red and forty-two members of the rest that separation, and having lost the institution of the Union? " Good boy!"] Is it ompliment of slavery, the great apple of discord, they now, ary to the North to say we are afraid of them? in. returning, take up that Constitution, under Would the free States let in fifty00, nor more than $1,200,,acunder the law as it existed at the time of the cording to the seri-'ce required of him. And it sale, and no subsequent legislation can give va- shall be the duty of the Commissioner, when it lidity to the rights thus acquired, as against the can be done consistently With public interest, to original claimantjs. The attention of Congress appoint, as assistant commissioners, agents, and is therefore invited to a more mature considera- clerks, such men as have proved their loyalty by tion of the measures proposed in these sections faithful service in'the armies of the Union during of the the rebellion. And all persons appointed to serIn conclusion, I again urge upon Congress the vice under this' act'and the act to which this is danger of class legislation, so well calculated to an.amendment, shall be so far deemed in the keep the public mind. in a.state of uncertain military service of the United States as to be unexpectation, disquiet, and restlessness, and to en- der the military jurisdiction and entitled to the courage interested hopes and fears that the na- military protection of the Government while in tional Government will' continue'to furnish to discharge of the duties of their office. classes of citizens in the several States meansfor SEC. 4. That officers of the Veteran Reserve support and maintenance, regardless of whether Corps or of the volunteer service, now on duty they pursue a life'of indolence or of labor, and in the Freedmen's Bureau as assistant commisregardless also of the constitutional limitations sioners, agents, medical officers, or in other caof the national authority in times of peace and pacities, whose regiments or corps have been or tranquillity. may hereafter be mustered out of service, may be The bill is Iherewith returned to the House of retained upon such duty as officers of said buepresentatives, in which it originated, for its reau, with the same compensation as is now profinal action. ANDREuW JOHNSO. vided by law for their respective grades; and WASHINzeGTON, 1D. C.,,Jusly 16, 1866. the Secretary of War shall have power to fill vacancies until other officers can be detailed in Ceopy of the Vetoed Bill.' their places without detriment to the public AN ACT to continue in force and to amend "An service. act to establish a Bureau' for the relief of SEze. 5. That the second section of the act to Freedi'en and Refugees," arid for other pnr- whil'ch this is an amendment shall be deemed poses.. to authorize the Secretary of War to issue such Be it enacted, &e., That the act to establish a medical stores or other supplies and transportaBureau for the relief of Freedmen and Refugees, tion, and afford such medical or other aid as approved March third, eighteen hundred and may -be needful for the purposes named in said sixty-five, shall continue in force for the term of section: Provided, That no person shall be deemed two years from and after the passage of this act. "destitute," "suffering," or "dependent upon SEi. 2. That the supervision and care of said the Government for support," within the meanbureau shall extend -to all loyal refugees and ing of this act, who is able to find employment, freedmen, so far as the same shall he necessary and could, by proper industry or exertion, avoid to enable themo as speedily as practicable to be- such destitution suffering, or dependence. come self-supporting citizens ofthe United States, " SEi. 6. Whereas, by the provisions of an act andto aid them in making the freedom conferred approved February sixth, eighteen hundred and by proclamation of the Commander-in-Chief, by. sixty-three, entitled "An act to amend an act emancipation under the laws of States, and by entitled'An act for the collection of direct taxes constitutional amendment, available to them and in insurrectionary districts within the United beneficial to the epublic. States, and for other purposes,' approved June SEC. 3. That the President shall, by and with seventh, eighteen hundred and sixty-two," certhe advice and consent of the Senate, appoint tain lands in the parishes of St. Helena and St. two assistant commissioners, in addition to those Luke, South Carolina, were bid in by the United.authorized by the act to which this is an amend- States at public tax sales, and by the limitation meIit, who shall give like bonds and receive the of said act the timhe of redemption of said lads same annual Ralaiies provided in said act; and has expired'; and whereas, in accordance witk. each of the assistait commissioners of the bureau instructions issued by President Lincoln on the shall have charge of one district containing such sixteenth day of September, eighteen hundred refugees or freedmen, to bo assigaed him by the and sixty-three, to the United' States direct tax Commissioner, with the approval of the Presi- commissioners for South Carolina, certain lands dent. And the Commissioner shall, under the bid in by the United States in the parish of St. direction of the President, and so far as the same Helena, in said State, were in part sold by the shall be in his judgment, necessary for the effi- said taxcommissioners to " heads of families of cient and economical administration of the affairs the African race," in parcels of not more than of the bureau, appoint such agents, clerks, and twenty acres to each purchaser; and vWhereas, assistants as may be required for the proper con- under the said' instructions, the said tax commisduct of the bureau. Military officers or enlisted sioners did also set apart as "school farms" cermen may be detailed for service and assigned to tami parcels of land in said parish, numbered on duty under this act; and tie President may, if. their plats from one to thirty-three, inclusive, 150 POLITICAL MANUAL. making an aggregate of six thousand acres, more said direct tax commissioners shall issue to every or less: Therefore, be it further enacted, That person, or to his or her heirs, but in no case to the sales made to "heads of families of the Afri- any assigns presenting such warrant, a lease of can race," under'the instructions of President twenty acres of land, as provided for in section lincoln-to the United States direct tax commis- seven, for the term of six years; but at any time sioners for South Carolina, of date of September thereafter, upon the payment of a sum not exsixteenth, eighteen hundred and sixty-three, are ceed hereby confirmed and established; and all leases person holding such lease shall bd entitled to a which have been made to such" heads of families" certificate of sale of said tract of twenty acres'by said direct tax commissioners, shall be changed from the direct tax commissioner or such officer into certificates of sale in all cases wherein the as may be authorized to issue the same; but no lease provides for such substitution; and all the warrant shall be held valid longer than two lands now remaining unsold, which come within years after the issue of the same. the same designation, being eight thousand SEC. 10. That the direct tax commissioners for acres, more or less, shall be disposed of accord- South Carolina are hereby authorized and reing to said instructions. quired, at the earliest day practicable, to survey SEC. 7. That all other lands bid in by the Uni- the lands designated in section seven into lots of'ted States at tax sales, being thirty-eight thou- twenty acreseach; with proper metes and bounds sand acres, more or less, and now in the hands distinctly marked, so that the several tracts shall of the said tax commissioners as the property be convenient in form; and as near as practicaof the United States, in the parishes of St. ble an average of fertility and woodland; Helena and St. Luke, excepting the, "school an.d the expense of such surveys shall bepaid farms," as specified in the preceding section, and from the proceeds of sales of said lands, or, if so much as may be necessary for military and sooner required, out of naval purposes at Hilton Head, Bay Point, and other lands on these islands, sold by the United Land's End, and excepting also the city of Port States for taxes, and now in the hands of the Royal, on St. Helena island, and the town of direct tax commissioners Beaufort, shall be disposed of in parcels of twenty SEC. I1. That restoration of lands occupied by acres, at one dollar and fifty cents per acre, to freedmen under General Sherman's field order such persons, and to such only, as have acquired dated at Savannh, Georgia, January sixteenth, and are now Occu'pying lands under and agreea- eighteen hundred and sixty-five, shall not be bly to the provisions of General Sherman's spe- made until after the crops of the present year cial field order, dated at Savannah, Georgia, shall have been gathered by the occupants of January sixteen, eighteen hundred and sixty- said lands, nor until afair compensation shall five, and the remaining lands, if any, shall have been made to them by the former owners be disposed of in like manner to such persons of such lands, or their legal representatives, for as had acquired, lands agreeably to the said all improvements or bepterments erected or conorder of General Sherman, but who have been structed thereon, and after due notice of the same dispossessed by the restoration of the same to for- being done shall have been given by-the assistiner owners: Provided, That the lands sold in ant commissioner. compliance with the provisions of this and the SEC. 12. That the Commissioner shall have preceding section shall not be alienated by their- power to seize, hold, use, lease, or sell all buildpurchasers within six years from and after the ings, and tenements, and any lands appertaining passage of this act. to the samne, or otherwise, formerly held under SEC. 8. That the "school farms" in the par- color of title by the late so-called Confederate ish of St. Helena, South Carolina, shall be States, and not heretofore disposed of by the sold, subject -to any leases of the same, by the United States, and any buildings or lands held said tax commissioners, at public auction, on in trust for the same by any person or persons, or before the first day of January, eighteen and to use the same or appropriate the proceeds hundred and sixty-seven, at not less than ten derived therefrom to the education of the freed dollars per acre; and the lots in the city of people; and whenever the bureau shall cease to Port Royal, as laid down by the said tax com- exist, such of said so-called Confederate States missioners, and the lots and houses in the town as shall have made provision for the education of Beaufort, which are still held in like manner, of their citizens without distinction of color shall shall be sold at public auction; asid the proceeds receive the sum remaining unexpended of such of said sales, after paying expenses of the sur- sales or rentals, which shall be distributed among ~veys and sales, shall be invested in United States said States for educational purposes in proportion bonds, the interest of which shall bo appropri- to their population. ated, under the direction of the" Commissioner, SEa. 13. That the Commissioner of this bureau to the support of schools, without distinction of shall at all times co-operate with private benevocolor or race, on the islands in the parishes of lent associations of citizens in aid of freedmen, St. Helena and St. Luke. and with agents and teachers, duly accredited SEC 9. That the assistant commissioners for and appointed by them, and shall hire or proSouth Carolina and Georgia are hereby author- vide by lease, buildings for purposes of educaized to examine all claims to lands in their re- tion whenever such associations shall, without spective States which are ilaimed under the pro- cost to the Government, provide suitable teachvisions of General Sherman's special field order, ers and means of instruction; and he shall furand to give each person having a' valid claim a nish such protection as may be required for the warrant upon the direct tax commissioners for safe conduct of such schools. South Carolina for twenty acres of land; and the SEC. 14. That in every State or district where PSIDENT. JON.SON'S MESSAGES. 151 the' ordinary course of Judicial proceedings has a son, Perhan, Pike, Plaints, Pice, Alexander H. Rice, Johu 1 n1. lnice,.Rollins, Sawyer, Schenck,' Scofield, Shellal)arger, 1 Sloan, Starr, Stevens, Stillwell, Th'iyer, Francis Thomas 1saeshall be ulily restored, and in every State Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, or district whose constitutional -relations to the Henry D. Washburn, William B. Washburn, Welker, WhaGovernmd ley Williams, James F. Wilson, Stephen F. Wilson, Wood"by the rebellion, atnd'until;such FSitate shall have NAYs-Messrs. Ancona, Bergen, Chianler, Darling, Davis, been restored~ in such Su reTlations, and shall be Dawson, Eldridge,: Glossbrenner, Goodyear, Grider, Hale, duly SsAarnrepresented inthe Congress of the United Aaron BHarding, Hoyan,'Ed-win N. Bubbell, James ilt. lumnpey Kuydendall, Le Blonld, Msars7hall, Marvin, McCul-'States, the iright to make' -and enforce contracts, lough, Niblac7c, Nicholson, Radj'ord, S. J. Randal/ Rlaymond, to sue, be'pa-rties, and' give'evxideice to inherit, Ritter, Ross, Sitgreaves, StrTnse, Taylor, Trimble, Wright purchase, lease, sell, hold, and convey real and Jn 2 a d n se t r ual. nJune 26-8ENATE amended and passe. i, there i ng being no division on the.final vote. A motion g to postrone it till the next December was lostpersonal-liberty personal security, and the acuision eyeas6, (Messrs. Buckalew, Davis, Doolittle, Guthne rie, iendrilcks, Riddle,) nays 27. real and personal, including the constitutional flmcrclsRddle,) nays 27. ight to b r arm, shall be secured to anden- July' 2-In SENATE, the report of the Commit-,riot t.ee OfConference, being the above law, was joyed by all the citizens of such State or district e ofC ence, being the above, law, was o,greed to, without a division. — without rdspect to race or color, or previous con- ge t without a division. of July 3-IN HousE, a motion to table the reStates or diof portwas lost-yeas 25, nays'102. The yeas were: udiilAroceedis-Mesrs. Ancona, Boyer, -Coffrot&,) Dawzson, Eldridge, hdsdici- I Proceedh 1 Finck, Glossbrenner,' Aaron Iclarding, Johnsov, Kerr, Le'rebellion, and until the same shall be flly re- Blond, Marshall, Neiblac^ol, Noell, Ritter, Rogers, Ross, Rousstoredand until such State shall have been re- seau, Shankcin, Silgreaves, Strouse, Tabe-,'Taylor, T'hornton, -OV- Trimble. stored in' constitutional relations to the Gov- Trinbe. ernment, and shall be duly represented in the It was then agreed to. Congress of the United States, the President July 16'-The bill was vetoed. shall, through the Commissioner and the officers'Same day-The HOUSE re-passed the billIa: ye as 103, nays 33, as follow: of the bureaui, and under such, rules and regula- Ye 105, nays 33, as follow: of YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R. tions as the President, through the Secretary of YEA5Messrs. Alley, Allison, Ames, Anderson, DeldaR, Y. AiIley. James M. Ashley, Baker, Banks, Barker, Baxter, War, shall prescribe,-extend..militaryprotection xBenjamin, Bidwell, Binuglam, Boutwell, Bomwell,'Bucksand have, military jurisdiction over all cases and land, Buandy, Reader W. Clarke, Sidney Cla'ke, Cobb, Conktach ling Cook, Dawes, Defrees, Dela~no, Deniing, Donnelly, Dkiggs, questions concernig the free' enjoyment of such hog Cook DawesDefreesDelano,Pemeng,Donnelly,Dtigg8, un Eckl-ey, Eggleston, Eliot, Ferry, Ga'field, 6 ri n nell, Griswold, 1ale, Has t, HendeisQn, Higby, Holmes, iooper, Hotchkiss, ishment for any violation of law shall e -'A.sahel W. Hubbard, Chester'D. Hubbard, John H. Iubposedo r permitthd because of race or color, O s Kasson KLley,' previous of slavery, other or greater Ketcham, Laflin, Latham, eorge V. La wrince, William revious condition of slavery, other OrwenceLoanLngy, Lyn, Ma Mrvin, Mthan the penalty or punishment' to Which white (lurg, McKee, McRuer, Mercur, Miller, Moorhead, Moftill, persons play be liable by law for the like offense.' Moneis,:Moulton, Myers, Newell, ONesi, Orth, Perham, Buti the jurisdiction conferred by his'section Pike, Plants, Price, William ii. Randall, Alexander H. Rice, Rollins, Sawyer, Scofield, Shellabarger Spaldng, Stevens, upon' the officers of the bureau shall not exist in Thayer, John L. Thomas, jr., Trowbridge, Van Aernam, any State where tje ordinary course of judicial Burt Van Horn,Robert T.Van Horn, Ward, Warner, Ellihka proceedings has not been interrupted by1. the re B. Washburne, William B. Washburn, Welker, Wentworth, e n iterrupted by the re-' Whaley, Williams, James F. Wilson, Stephen F. Wilson, bellion, and shall cease in every State when the Windom, Woodbridge-10.. /: courts of the State and the United States are not NAYS-Messrs. Ancona, Boyer; Dawson, ldridge, Fiieck, courts o i the peaeable Iurieo jSttie an not Glossbrenner, Gnder, Aaron Harding, Hogan, J. M. Hu.mdisturbed the peaceable course ofjustice, and trey, Jo/ss, Kerr, Kuykendall, LeBlond, Marshall, Nibafter such State'shall be fully restored in its con- lack, Nicholson, Noeli, Phelps, Samuel J., Raidql1,'RIaymond, stitutional relatipns to the Government, and Ritter, Rogers, Ross, Rousseau, Shan/lin, tSilreaves, Taber,. shall be dulyteprosented in the Congress of the, Tl, e T HenryD.Washburn, Wri United States.'' Same day-The SENATE re-passed it-yeas 33,.SEc 15. That all officers, agents,'and em-'nays 12, as follow: ployees of this jbreau,.before entering upon the YEAs-'Messrs. Anthony, Brown, Chandler, Clark, Coniiess, duties of their office, shall take the' oath pre- Cragin, Creswell, Edmunds, Fessenden, Foster, Grimes, 1larscribed in the' first section of the act to which s, Henderson, Howard, Howe, Kirkwood, Lane of Indiana,, this is an'amend Jent; and all acts or p Jrts of Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman,. acts. inconsistent with the prYvisions of this act liams, Wilson, Yates-33. are hereby repealed. NAYS-Messrs. Buc/calew, Davis, Doolittle, GutJrie,.EesT'The'n votes-on this bill were: dnriccs, Johnson, McDougall,Nesmnith, Nortn, Riddle, Sauls-'May 29~The HOUSE passed its bill, differing Whereupon the PRESIDENT of the Senate' dein some dtails from the;a'bove-yeas 96, nays dared the bill a law. 32, as follow: YEAS-Messrs. Allisoh, Ames, Anderson, Delos R. Ashley, Restoring Tonnessee to her RelationS to'the Jamues M. Asliley, Baker, Baldwip, Blanks, Baxter, Beaman, Tmni Bidwell, Blaine, Bromwell,.Buckland, 1reader W. Clarke,. Union. Sidney Clarke, Cobb, Cook Cullom,'.DawesDefrees, Deming, 1566, March 5-Mr. BINGHAM reported fi]om Dixon,'Dod e,Donnelly Dumont EckleyEggleston, Eliot, the'Select Joint Committee on Reconstruction.''Faiquhar, Ferry, Garfield Aber C. Harding, Hart, Hender- a jont i^rquhar, erly Ge ueid isnnlla, GrisIold tti-.bart IeJde'sou,' lligby.Iiill, lioiir._, I(o))p~er, Deshall transmit to the President of the United wodLIuHart endeson ibalaon, e l L i, Dmaa Iubbard, jr., John H. Hiubbard, James It. 1libbedl, InStates an authentic copy of said act. Upon re- gersll, Jenckes, Julian, Kelley, Ketcham, Koonilz, George Y. Latw.rep.ce, Loan, Longyear, Lynch,, Marston. 5NIarain, ceipt whereof the President, by proclamation, Lawree Loan Lon ear uc.Ma onM vi IMaynard, ~IcChn'g Mclndoe,Mc-uer, Mecur.M, lli', Moor. shall forthwith announce the fact; whereupon headMoiullMosMoultonNewcl 0 NeiOthPai head, M~or~ril,11I1 Ioris, Moulton,Newcwll, 0'Nei~ ],Ort h, Paine, said fundamental condition shall be held as. a Patterson Perham, Plants, Price, Alexander 1I. Ilice, John part of theorgaiaic law of the State ad there- I. Rice, Rollins,.Sawyer Schenck, Scofield Shellabarger, upon a without any further~ o t Spalding, Stevens, Stokes, Thayer, Francis Thoics,'John L, upon, and without any further proceeditg on the Th omas, jr.,.qrowbridge, UpsonVaa AernamBurt Va.. ~~~~. Ibroee Thorns, jr,.rowbrldge, Upson, Van Aersaiam Burt Vail part of Congress, the admission of said State into Horn, Hamilton Ward, Warner, Ellihu B, Washliburne, the Union shall be considered a. complete. Said enryD. Washburn, Willia B. Washbnrn, Welker, Went. wo; th, Williams, James F. Wilson, Stephen F. Wilson, Win, State Legislature shall be convened by the Ter- domw 103. ritorial Governor within thirty. days after the NAYS-Messrs. Ancona, Baker, Bergen, Pingham,n Boyer, passage of this act, to act upon the condition Buckland, Campbell, Chanler, Cooper, Davis, Dawson, Defrees, submitted he^1-^ ~rein. fDcnison,, Eldridge, Finck, Glossbrenner,.Goodyear, liale, submitted h'ereini. Aaron Harding, Abner 0. Harding, Hawkins, Hise, Iffogan, The votes on this bill were: Chester D. Hubbard, Edwin N.'Hubbell, Hinuphrey, Hun1867, Jaiuary 9-A bill passed in SENATE- ter, Johnson, Kelso, Klerr, Kuykendall, Latham, Le Blond, oi -' ir'4-1.1.1. -n ~ ^ t-'' 4-1^' Le.ftwlch, Marshal, McKee, Niblacc,,~cholson, Radford, yeas 21, ihys 15, with the third section in these Limelwo. Randall, Mlia nllaymond, Ra ter, Sdsiossl J. Rasadall, WilliamL. B. andall, Ratnmond, Ritter, words: Rogqers, Ross, Sihaokin, Sitgreaves, Stillwell, Sirouse, Taber, "That thisactshalltabeffect with e fundamental and' Nathaniel G. Taylor, Nelson Taylr, Thornton, Andrew H. "Tiat this act shall take effect -%withthfudmnaad perpetual condition that within said State of Nebraslka ti here W W aey. shall be no abridgment or denial of the exercise of the elect- The bill then passed, as above, ive franchise, or of aniy other right, to any person by reason of race or color, exceiling Indians not taxed." January 30 —The bill was vetoed. YEA~-Messrs. Anthony, Cattell, Chandler; Conness, Cra- February 8 The SENATE passed it over the gin. Creswell, Edmunds. Fogs, Fowler, Hlenderson, Howard, veto yeas 30, nays 9, S9 follow: Kirkwood, Lane, Morrill, Poland, Ramsey, Ross, Sher man, YEAs-Messis. Anthony, Brown, Chandler, Cragin, CresStewart, Sumner, Van Winkle, Wade, illey Williams-24.A well, Fogg, Fowler, Frelinghuysen, Grimes, HIarris, HenderNAys —tfessrs. Buzcale.w, Cowan1,.Dixoq, L'oolittle, Foster. Gon, Howard, Llowe, Kirkwool, Lane, Morrill, Poland, Grimnes,':Fendricks, ~o-we, Johinson, 5j~organi 2Wesmnith,XorVof ten, Bells sn Ndul Sculsusyin.Pomeroy, Ramsey, Ross. Sherman, Sprague, Stewart, Sumt,2Patterson, _Riddle, Satulsbu~'y —15.,1 ner, Isrumbull, Van Winkle, Wade, WvVilley Wilson, Yates January 16-The SENATE agreed to the third -30. section as it stands' -yeas 28, nays 14, as fol- NAY-Messrs. Buccal, Davis, Doolitle, Foster, Hen lo~\~~~~~~~~~~, " "'dricks, Morgan, Norton, Patterson, Saulsbury 9. low-: YEA.s-Messrs. Anthony, Cattell, Chandler, Conness, Cra- II gin,,'essenden, Fog, Fowler, Frelinghuysen, Grimes, lien- 120, nays 44, as follow: derson, Howard, Kirkwood, Lane, Morgan, Morrill, Poland, YEAS-Messrs. Allison, Anderson,James M. Ashley, Banks, Ranisey, Shermnan. Sprague, Stewart, Sumner, Van Winkle, Barker, Baxter, Beanian, Bidwell, Blaine, Blow, Boutwell, Wade, Willey, Williams, Wilson Yates-28. Brandegee. Bromwell, Broonlall, Buckland, Reader W. NAYs-Messrs. Buckalcw, Cowan, Dixon, Doolittle, Ed- Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, Dawes, munds, Foster, Hiarris, llendrcic/, Johnson, 4~esmith, Nor- Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dimont, ton,.Patterson, Riddle, Sauilsbury-14. Eckley, Eggleston Eliot, Farnsworth, Farqpiliar, Ferry, IT-NT ~-T1ousT~a. Garfield, Grinnel, Griswold, Abner C. ilarding, II irt, Hayes, IN- ROUSE. Hlenderson, Higby, IHill, Holmes, Iooper, llotchkiss, John January 15-The third section, as it stands,..lubbarddJauJ esR.I- lubbell, iHulburd,li)gersoll,Jenckes, was substituted for that adopted, above by the JuIsn, Kasson, Kelley, Kelso Ketcham, Koontz, Laflin Senate-yeas 88 nays 10 as fol lHow George V. Lawrence, William Lawrence, Loan, Longyear, Marston, MarVin, Maynard, McClurg, Mcndoe, McKee, YEAS —Messrs. Alley, Allison, Ames, Anderson, James M. McRuer, Mercur, iller, Moorhead, Morrill, Morris, MoulAshley, Baldwini, Ranks, Baxtes, Blaine, Boutwell, Brande- ton, Myers, Newel,' O'Neill, Orth, Paine, Patterson, Pergee, Broomall, Cobb, Cook, Cullom, Culver, Dawes, Doming, lham, Pike, Plants, Pomeroy, Price, William II. Randall, Dixon, Dodge, Donnelly, Driggs, Eckley, Eliot, Ferry, Gar- Alexander HII. Rice, John H. Rice, Roll ins, Sawyer, Schenck, field, Grinnell, Griswold, IHart, Highby, Hiiolmes, Hooper, Scofield Shellabarger, Sloan, Spalding, Starr, Stevens, Demas iubbard, jr., John II. IHubbard,tIngersoll, Jenckes, Stokes, Tlhayer, Francis Thomas, Trowbridge, Upson, Van Julian, Kelley; Kelso, Ketcham, Koontz, Ktuykendall, Loan, Aerniam, Burt Van Horn, Robert T. VYan Horn, Hlamilton Longyear, Lynch, Mlarston, Marvin, M aynard, McClurg, War, Wsarner, HLenry D. Washburn, William B. Washburn, McIndoe, McRuer, Mercur, Moorhead, Morrill, Morris, Welker, Wentwor.th, Whaley, Williams, James F. Wilson, Moulton, Newell, O'Neill' Orth, Paine Patterson, Perham, Stephen F. Wilson, Windom, Woodbridge, and SPEAKERs COLPike, Price, Raymond, Alexander II Rice, John IIH. Rice, FAx-1l0. Rollins, Sawyer, Schenck, Scofield, Spalding, Stevens, NAYs -Messrs. Campbell, ehanler, Cooper,. Davis, Dawson, Thayer,.Trowb'idge, Upson, Van Aernam, Burt Van HIorn; Denisos, Eldridge, Finck, Glossbrenner, Goodyear, Aaron Hamilton Ward, Warner, Ellihun B. Washiburne, William B. -earding, Harris, sHawkins, I-lise, Edwin N HIV sbbell} HutWashburn, Welker, Wentworth, Williams, James F. Wil- phrey, Hunter, Kerr. Kuiykenidall, Le Blond, Leflwich, Mar. son. Stephen F. Wilson Windom -88. shall, Mcdslcollwigh, Niblacl, Nicholson, Noell, Rad/brd, Samn. NAYS-Me'srs. Ancona, Delos R. Ashley, Baker, Benjamin, uel J. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Bergen, Bi ghanm, Boyer, Bromwell, Buckland, Bundy, C'amp-, Shanklin, SitgreaVes, Stillwell, Strouse, Taber, Nathaniel bell, Chanles, Reader W. Clarke, Cooper, Davis, Dawson, G. Taylor, N.lson Taylor, Thornton, Trimble, Andrew H. Defrees, Delmo Denison, Eldrridge, Farnsworth, Farquhar, Ward, Winfedd44.nck, Glossbrenner, Goodyear, Hale, Aas on Harding, Abner AK E of ta H ec lare' Whereupon t e SPEKER of tihe H-ollse declared C. Harding,. Hlawkins, HenderSon, Hill, lise, Hlbgan, Ches- W eeupO the ter D. Hubbard, Edwin N. Hubbell, J. R. Hubbell, HIoms- the bill to be a law. lphrei, Hunter, Johnson, Kerr, Lathnm, George V: Lawrence,.Le Blond, LeJttvicbi,.larshall) McKee, Miller, Niblack, eBasdL l asslM e MilVeto of the Reconsttruction Bill, lIarch.2, 1867.* Niclolson, Plants, Radford, Samuel J. Randall, William IIH. Randall, Rilter, Rogers, Shanlctin, Shellabarger, Sitgreaves, To the Mouse of Representatves: Stillwell, Stokes, Strouse,. Taber, Nathaniel G. Taylor, Ne- I have examined the bill to provide for the son aylorFrancis Thomas, John L. Thomas, jr., Thornt fficient o nr l Sta " Andrew Il. Ward, Henry D. Washburn, Whaley-70. govenmnt te ree S Same day The'bill passed ea nas with the care and anxiety which it. transcend~55, as 1follow:~- ^ant importance is calculated to awaken. I am Y55EMesrs. Alley, Alliso n,as folDelow:s R. * For copy of th.bi vetoed, see chap.xviii. YEAS —Messrs. Alley, Allison, Ames, Anderson, Delos Rt. * For copy of the.bill vetoed, see chap., xvili. PRESIDENT JOHNSON'S MESSAGES. 167 unable to give it myassent for reasons so grave, the insertion into the State Constitution of a that I hope a statement of them may. have fome provision which will secure the right of voting influence on the minds of the patriotic and en- at all elections to negroes, and to such white lightened men with whom the decision must men as may not be disfranchised for rebellion or ultimately rest., felony. Fourth, the submission of the ConstituThe bill places all the people of the ten States tion for ratification to negroes and white men therein named under the absolute domination not disfranchised, and its actual ratification by of military rulers; and the preamble undertakes their vote. Fifth, the submission of the State to give the reason upon which the measure is Constitution to Congress for examination and based, and the ground upon which it is justified. approval, and the actual approval of it by that It declares that there exist in those States no body. Sixth, the adoption of a certain amendlegal governments, and no adequate prote~tion ment to the Federal Constitution by a vote of for' life or property,.and asserts the necessity of the Legislature elected under the, new Constitnenforcing peace and good ~order within their tion. Seventh, the adoption of said amendment limits. Is this true as matter of fact? by a sufficient number of other.States to make It is not denied that the States in question it a part of the Constitution of the United States. have each of the'm an actual Government, with All these conditions must be fulfilled before the all the powers, executive,- judicial, and legisla- people of any of these States can be relieved from tive, which properly belong to a free State. the bondage of military domination; but when They are organized like the other States of the they are fulfilled, then immediately the pains Union,, aind, like -them, they make, administer, and penalties of the bill are to cease, no matter and execute the laws which concern their do- whether there be peace and order or not, and testic affairs. An existing -defacto government, without any reference to the security of life or exercising sdch functions asthese,is itself the property. The excuse given for the bill in the law of the State upon all matters within its juris- preamble is admitted by the bill itself not to be diction. To pronounce the supreme law-making real. The. military rule which it establishes is power of an established State illegal is to say plainly to be used, not for any purpose of order that law itself is unlawful, or for the prevention of crime, but solely as a The provisions which these Governments have means of coercing the people into the adoption made for the preservation of order, the suppres- of principles and measures to which it is known sion of crime, and the redress of private injuries, that they are.opposed, and upon which they arein substance and principle the same as those have an undeniable right to exercise their own which prevail in the northern States and in other judgment. civilized countries. They certainly have not suc- I submit to Congress whether this measure is ceeded in preventing the commission, of all crime, not, in its whole character, scope, and object, withnor has this been accomplished anywhere in the out precedent and without authority, in palpable world. There, as well as elsewhere, offenders conflict with the plainest provisions of the Consometimes escape for want of vigorous prosecu- stitution, and utterly destructive to those great tion, and occasionally, perhaps, by the ineffi- principles of -liberty and humanity for which our ciency of courts or the prejudice of jurors. It ancestors on both sides of the Atlantic have shed is undoubtedly true that these evils have been so much blood and expended so much treasurer much increased and aggravated, North and South, The~ten States named in the bill are divided by the demoralizing influences of civil war, and into five districts. For each district an officer by. the rancorous passions which the contest has of the Army, not below the rank of brigadier engendered. But that these people'are main- general, is to be appointed to rule over the peotaining local governments for themselves which pie; and he is to be supported with an efficient habitually defeat the object of all government military force to enable him to perform his duties and render their own lives and property inse- and enforce' his authority. Those duties and cure, is in itself utterly improbable, and the that authority, as defined by the.third section averment of the bill, to that effect is not sup- of the bill, are, "to protect all persons in their ported by any evidence which has come to' sy rights of person and property, to suppress insurknowledge. All the information I have on the rection, disorder, and violence, and to punish, or subject convinces me that the masses of the south- cause to be punished, all disturbers of the public ern people and those who control theitr public peace or criminals."' The power thus given to acts, while they entertain, diverse opinions on the commanding officer over all the people of questions of Federal policy, are completely uni- each district is that of an absolute monarch. ted in the effort to reorganize their society on His mere will is to take the place of all law.. the basis of peace, and to restore their mutual The law of the States is now the only rule appliprosperity as rapidly and as completely as tteir cable to' the subjects placed under his control, circumstances will permit. and that is'completely displaced by the clause The bill, however, would seem to show upon which declares all interference of State authority its face that the establishment of peace and good to be null and void. He alone is-permitted to order is not its real object. The fifth section determine what are rights of person or property, declares that the preceding sections shall cease and he may protect them in such way as in his to operate in -any State where certain eyents discretion may seem proper. It places at his shall have happened. These events are'-First, free disposal all the lands and goods in his disthe selection of delegates to a State Convention trict, and he may distribute -them without let or by an election at which negroes shall be allowed hindrance to whom he pleases. Being bound by to vote. Second, the formation of a State Con- no State law, and there being no other law to stitution by the Convention so chosen. Third, regulate the subject, he may make a criminal 168 POLITICAL MANUAL. code of his own; and he can make it as bloody I sentence of death must be approved by thePresas-any recorded.in history, or he can reserve the ident. This applies to cases in which there has privilege of acting upon the impulse of his pri- been a trial and sentence. I take it to he clear, vate passions in each ease that arises. He is under this bill, that the military commander bound by no rules of evidence; there is indeed may condemn to death without even the form of no provision by which he is authorized or re- a trial by a military commission, so that the life quired to take any evidence at all. Everything of the condemned may depend upon the will of is a crime which he chooses to call so, and all two men instead of one. persons are condemed whom he pronounces to It is plain that the authority here given to be guilty. He is not bound to keep any record, the military officer amounts to absolute d. or make any report of his proceedings. He may. But, to make it still ore unendurable, arrest his.victims wherever he finds them, with- the bill provides that it may be delegated Io as out warrant, accusation, or proof of probable manysubordinatesas hehooses toappoint;for cause. If he gives them a trial before he inflicts it declares that he shall "punish or cause to be the punishment, he gives it of his grace and punished." Such a power has not een wielded mercy, not because he is commanded so to do. by any monarch in England for more than five To a casual reader of the bill, it might seem hundred ears. In all that time no people who that some kind of trial was secured by it to per- speak the English language have borne such sons accused of crime; but such is not the case. servitude. It reduces the whole population of The officer " may allow local civil tribunals to the ten States-all persons, of every color, sex, try offenders," but of course this does not require and condition, and every stranger within their that he shall do so. If any State or Federal limits-to the most abject and degrading slavery. court presumes to exercise its legal jurisdiction No master ever had a control so absolute over by the trial of a malefactor without his special his slaves as his illgives to the military offipermission, he can break -it up, and punish the cers over both white and colored persons. judges and jurors as being themselves malefac- It may beanswered to this that the officers of tors. He can save his friends from justice, and thehudespoilhis enemies contrary to justice., mane to oppress and trample upon a subjugated It is also provided that "he shall have power people. I do. not doubt that Army officers are to organize military commissions or tribunals;" as well entitled to this kind of confidence as any but this power he is not commanded to, exercise, other class of men. But the history of the world It is merely permissive, and is. to be used only hasbeen written in vain, if it does not teach us "when in his judgment it may be necessary for that unrestrained authority can never be safely the trial of offenders." Even if the sentence of trusted in human hands. It is almost sure to be a commission were made a prerequisite to the more or less abused under any circumstances, punishment of a party, it would be scarcely the and it has always resulted in gross tyranny slightest check upon the officer, who has author- where the rulers who exercise it are strangers iity to organize it as he pleases, prescribe its to their subjects, and come among them as the mode of proceeding, appoint its members from representatives of a distant power, and more among his own subordinates, and revise all its especially when the power that sends them is undecisions. Instead' of mitigating the harshness, friendly. Governments closely resembling that of his single rule, such a tribunal would be used here proposed have been. fairly tried in Hunmuch more probably to divide the.responsibility gary and Poland, and the suffering endAred by of making it more cruel and unjust. those' people roused the sympathies of the entire Several provisions, dictated by the humanity world. li was tried in Ireland, and, though of Congress, have been inserted in the bill, ap- tempered at first by principles of English law, parently to restrain the power of the command- it gave birth to cruelties so atrocious that they ing officer; but it seems to' me that they are of are never recounted without just indignation. no avail for that purpose. The fourth. section The French' Convention armed its deputies with provides-First. That trials shall not be un- this power, and sent them to the southern denecessarily delayed; but I think I have shown partments of the republic. The massacres, murthat the power is given to punish without trial, ders, and other atrocities which they committed and if so, this provision is practically inopera- show what the passions of the ablest men in the tive. Second. Cruel or unusual punishment is most civilized society, will -tempt them to do not to be inflicted; but who is to decide what is when wholly'unrestrained by law. cruel and what is unusual? The words have The men of our race in every age have strugacquired a legal meaning by long use in the gled to tie up the hands'of their Governments courts. Can it be expected that military officers and keep them within the law, because their will understand or follow a rule expressed in owa experience of all mankind taught them that language so purely technical; and not pertaining rulers could not be relied on to concede those. in the least'degree to their profession? If not, rights which they were not legally bound to rethen each officer may define cruelty according to spect. The head of a great empire has somehis own temper, and if it is not usual, he will times governed it with a oild and paternal sway; make it usual. Corporal punishmient,. imprison- but the kindness of an irresponsible deputy never ment, the gag, the ball and chain, and the al- yields what the law does not extort from him.;most insupportable forms of torture invented for Between such a master and the people subjected military! punishmetit, lie within the range of to his domination there can be nothing but en-choice. Third. The sentence of. a commission is mity; he punishes them if they resist his authormot to be executed without being approved by ity, and, if they submit to it, he hates them fox the~commander, if it affects life or liberty, and a their servility. PRESIDENT JOHNSON'S MESSAGES. 16& I come now to a question which isif posible, and the Union remained unbroken. In Massastillmore imin portant. Have, wNe the, power to chnsetts, in Pennsylvania, in Rhode Island, and establish, and carry into execution a measure in New York, at different periods in our history, like this? I answer, certainly not if we derive violent and armed opposition to the United our authority from the Constitution; and if we States was carried on; but the relations of those are ound by the limitations which it imposes. States with the Federal Government were not This proposition is perfectly clear-that no supposed to be interrupted or changed thereby, branch of the Federal. Government.,,executive, after the rebellious portions of their population legislative, or judicial, can have any-just pow- were defeated and put down. It is true that in ers except those which it desrives through aiM these earlier cases there was no formal expresexercises under the organ.ic law of the Union. sion of a' determination to withdraw from the Outside of the Constitution we have no legal au- Union, but it is also true that in the southern thority more than private citizens, and within it States the ordinances of' secession were treated we have only so much as that instrument gives us. by all the friends of the Union amere nullities, This broad principle limits all our functions, and and Ore now acknowledged to be so by the applies to all subjects. It protects not nly the States themselves. If we admit' that' they had citizens of States vwhich are within the Union, any force or validity, or that they did in fact take but it shields every human beinrg who comes or the States in which they were passed out of the is brought under our jurisdiction.. We have no Union, we sweep from under our feet all the right to do in one place, more than in another, grounds upon which we stand in justifying the that which the Constitution says we shall not do use of Federal forc9 to maintain the integrity at all If, therefore, the southern States were in of the Government. truth out of the Union, we could not treat their This is a bill passed by Congress in time of' people inI a way which the fundamental law peace. There is not in any one of the States forbids.''. brought under its operation either war or insurSome lpersons assume that the success of our rection. The laws of the States and of the Fedarms in crushing the opposition which was made eral Government are all in undisturbed and in some of the States to the execution of the harmonious operation. The courts, State and'Federal laws reduced those States and all their Federal, are open, and in the full exercise of their people-the innocent as ell as the guilty-to proper authority. Over every State comprised the condition of vassalage, and gave us a pow-er in these five military districts life, liberty, and over them whiih the Constitution. does not be- property'are secured by State laws'and Federal stow or define or limit. No fallacy can be more laws, and the national Constitution is everytransparent than this. Our ictories subjected where i* force and everywhere obeyed. What, the insurgents to legal obedience, not to the yoke then, is the ground on which this bill proceeds? of an arbitrary despotism. When-an absolute The title of the bill announces that it is intended sovereign reduces his rebellious subjects, he may " for the more efficient government " of these ten deal with them according to his pleasure,. because States. It is recited by way of preamble that he had that power before. But when a limited no legal State governments " nor adequate promonarch puts down an insurrection, he roust- tection for life or property," exist in those States, still govern according to law. If an insurrec- and that peace and good order should be thus -tion should take place in- one of our States enforced. The first thing which arrests attenagainst the authority of the State government, tion upon these recitals, which prepare the way and end in the overthrow of those who planned for martial law, is this: that the only foundation it, would that take away the rights of all the upon which martial law can exist under our people of the counties where it was favored by a form of government is not'stated or so much as part or a majority of the population? Could pretended, Actual war, foreign invasion, dothey, for such a reaion, b wholly outlawed and mestic insurrection-none of these appear; and deprived of their representation in the Legisla- none of these in fact exist. It is not even recited ture? I have always contended that the Guov- that any sort of war or insurrection is threaternment of the UUnited States was sovereign ened. Let us pause here to consider, upon this within its constitutional sphere; that it exe- question of constitutional law and the power of cuted its laws, like the States themselves, by Congress, a recent decision of the Supreme Court applying its coercive power directly to individ- of the United States in ex parte Milligan. uals; and that it could put down insurrection I will first quote from the opinion of the ma-with the same effect as a State, and no other. jority of the Court: "Martial law cannot arise The opposite doctrine is the'worst heresy of from a threatened invasion. The necessity must those who advocated secession, and cannot be be actual and present, the invasion real, such'as agreed to without admitting that' heresy to be effectually closes the courts and deposes the right. civil administration." We see that martial law Invasion, insurrection, rebellion, and domes- comes in only when actual war closes the courts tic violence were anticipated when the Govern- and deposes the civil authority; but this bill, in ment was eramed, and the means of repelling and. time of peace, makes martial law operate as suppressing them were wisely provided'for in though we wer1 in actual war, and hecomlfhe the Constitution; but it was not thought neces- cause, instead of'the consequence of the abrogasary to declare that the States in which they tion of civil authority. One more quotation: might occur should be expelled from the Union.' It follows from what has been said on this subRebellions, which were invariably suppressed, ject that there are occasions when martial law occurred prior to that out of which these.ques- can be properly applied.' If, in foreign invasion tions grow; but the States continued to exist or civil war, the courts are actually closed, and 170 POLITICAL MANUAL. it is impossible to administer criminal justice recent decision ot the Supreme Court has traced according to law, then, on the theatre of active the history, vindicated the dignity, and made military operations, where war really prevails, known the vale of this great privilege so clearly there is a necessity to furnish a substitute for that nothing moreis needed. To what extent a the civil authority thus overthrown, to preserve violation of it might he excused in time of war the safety of the Army and society; and as no or public danger may.admit of discussion; but power is left but the military, it is allowed to we are providing now for atime of profound govern by martial rule until the laws can have peace, where there is not anarmed soldier within their free course." our borders except those who are in the service I now quote from the opinion of the minority ofthe Government. It is in such a condition of the Court, delivered by Chief Justice Chase: of things that an actof Congress is proposed "We by no means assert that Congress can es- which, if carried out, would deny a trial by the tablish and apply the laws of war where no war lawful courts and. juries to nine millions of has been declared or exists. Where peace ex- American citizens, and to thei posterity for an ists, the laws of peace must prevail." This is indefinite period. It seems\to be scarcely possisufficiently explicit. Peace exists in all the.ter- bletha any one should seously believ this ritory to which this bill' applies. It asserts a consistent with a Constitution which declares, power in' Congress, in time of peace, to set aside in simple, plain, and unambiguous language, that the laws of peace and'to substitute the laws of all persons shall have that right, ad that no war. The minority, concurring with the major- person shall ever in any case be deprived of it. -ity, declares that Congress does not possess that The Constitution also forbids the arrest of the power. Again, and, if possible, more emphatic- citizen without judicial warrant, founded on ally, the Chief J3ustice, with remarkable clear- probable cause. This bill authori ness and condensation, sums up the whole matter without warrant,.at the pleasure of amilitary as follows' co n Constitution declares that "There are under the Constitqtion three kinds of military no person shall he held to answer for a capital' jurisdiction-one to be exercisetl both in peace and war; or otherwise infamous crime unless on presentanother to be exercised in time of foreign war withonut the boundaries of the United Stttis, or in time of rebellion and entby a grand jury. This bill holds every civil war within States or districts occupied by rebels treated person, not a soldier,answerable or all crimes as belligerents; and a third to be -exercised in time of inva- and all charges ithout any presentment. The sion or insiurrecti in withii the limits of the United States, or driing reb lliol within' the limits of the States main- Cor taining adhesion to the national Government, w h len the deprived of life, li y, or property ithout due public danger requires its exercise. The first of these may process of law." This bill- sets asideall process be'called jurisdi('tion leder MILITAiy Law, and isf olnd in of law acts of Congress prescribing rules and articles of war, or, and makes te itizen anserable in his otherwise piroviding f-r the g.e..ment o. the ntionl person and property to the will of one man, and forces; the second may be distinguished as MILITARY Gov- as to his life to the will of two. Finally, the EaiMEuNT,supeiseeding, as lir a's may be deemed expedient, the local law, and exercised by the military cominan'der; Constitution declares that the privilege of the under the direction of the President, with the express or writ of habeas coipUs shall not be suspended hoplied sanction of Congress; while the third may be de- unless when, in case of rebellion or invasion the nominated MARTIAL LAw PROPER, asd is called into action 1 ~ ~' w r t bill by Consgress, or temporarily, when the action of Congress public safety may requireit;" whereas this hill cannot be invited, ansI in the case of justifying or excusing declares martial law (which of itself suspends this peril, by the Pire-.sdent, if tises of insurrection or invasion,, _oreat writ) in time of peace, and authorizes the or'of civil or forisgn war, within districts or localities where 6 it) ordinary law Iso longer adequately secures public safety and military to make the arrest, and gives to the private rights."' prisoner only one privilege, and that is a trial It will be observed that of the three kinds of "without unnecessary delay." He has no hope military jurisdiction which can be exercised or of release from custody, except the hope'such as' created under our Constitution, there is but one it is, of release by acquittal before a military that can prevail in time of peace, and that is the commission. code of laws enacted by Congress for the govern- The United-'States *e bound to guarantee to ment of the national forces. That body of mil- each State a republican form of government. itary law has no application to'the citizen, nor Can it be pretended that this obligation is not even to the citizen soldier enrolled in the militia palpably broken if we carry out a measure like in itime of peace.' But this bill is not a part of this, which wipes away every vestige of repubthat sort of military law, for that applies only lican government in ten States, and puts the life, to the soldier, and not to the citizen, whilst, con- property, liberty, and honor of all the people in trariwise, the military law provided by this bill each of them under the domination of a single applies only to -the citizen and not to the sol- person clothed with unlimited authority? dier. The Parliament of England, exercising the I need not say to the Representatives of the omnipotent power which it claimed, was accusAmerican people that their Constitution forbids tomed to pass bills of attainder; that is to say, the exercise of judicial power in any way but it would convict men of treason and other crimes one; that is, by the ordained and established by legislative enactment. The person accused courts. It is equally well known' that in all had a hearing, sometimes a patient and fair one; cririnal cases a trial by jury is made indispen- but generally party prejudice prevailed, instead sable-by the express words of that instrument. of justice. It often became necessary for ParliaI will not enlarge on the inestimable value ment to acknowledge its error and reyerse its own of the right thus secured to every freeman, or action.' The fathers of our country determined speak of the danger to public liberty in all parts that no such thing should occur here. They of the country which must ensue from a denial withheld the power from Congress, and thus forof it anywhere or upon any pretense. A veriy. bade its exercise by that body; and they pro PRESIDENT JQHaNSON' SSPEECHES. 171 vided in.the Constitution that no State should in the ratification of the amendment' to the pass any ill of attainder. It is, -theefore, impos- Federal Constitution abolishing slavery forever sible for any pelion in this country to be con- within the jurisdiction of the United States, and stitutionally convicted or punished for any crime practically excludes them from the Union. If by a legislative prioeeding of any sort. Never- this assumption of the bill be correct, their conthelesshere is a ill of attainder agaist nine currence cannot be considered as having been millions of people at once. It is based upon an legally given, and the important fact is made to accusation so vague as to be scarcely intelligi- appear that the consent of three-fourths of the ble, and found to be true upon no credible evi- States-the requisite number-has not been condeasce. Not one of the nine millions, was heard stitutionally obtained to the ratification of that in his own defense. The -piesentatives of the amendment, thus leaving the question of slavery doomed parties were excluded from. all partici- where it stood before the amendment was officipation in the trial. The conviction is to be fol- ally declared to have becomeo part of the Conlowed by the most ignominious punishment ever stitution. inflicted on large masses of men It disfran- That the measure proposed by this bill does chises them by hundreds' of thousafnds, and de- violate the Constitution in the yarticulars mengrades them aMll, even those who are admitted tioned, and in many other ways which I forbear to be guiltless, -from the ank of freemen to the to enumerate, is too clear to admit of the least condition of slaves,. /.'doubt. It only remains'to consider whether the The purpose and object of the bill, the general injunctions of that instrumentought to be obeyed intent which pervadesit from beginning to end, or not. I think they ought to be obeyed, for 1s to change the entire structure and character reasons which I will proceed to give as briefly of the State governments, and to compel them' as possible. by force to the adoption of organic laws and In the first place, it is the only system of free regulations which they are unwilling to accept government which we can hope to have as a naif -left to themselves. The negroes have not tion. When it ceases to be the rule of out conaskedfortheprivilege of voting; the vast major- duct, we may perhaps take our choice between ity of them have no idea what it means. This bill complete anarchy, a consolidated despotTsrm, and not only thrustsit into their hands, but compels a total dissolution of the Union; but national them, as well as the whites, to se it in a par- liberty, regulated by law will have passed beticularway. If they do not form a Constitution yond our reach. with prescribed articles in it, and afterwards' It is the best frame of government the world elect a Legislature which will act upon certain ever saw. No other is or can be so well adapted measures in a prescribed way, neither blacks nor to the genius, habits, or wants of the American whites can be relieved from the slavery which people. Combining the strength of a great the bill imposes upon them. Without pausing empire with unspeakable blessings of local selfhere to consider the policy or impolicy of Afri- government, having a central ovower to defend canizing the southern part of our territory, I the general interests, and recognizing the auwould simply ask the attention of Congress to thority of the States as the guardians of industhat manifest, well-known, and universally ac- trial rights, it is'"the sheet-anchor of our safety knowledged rule of constitutional laN vhich de- abroad and ous peace at home." It was ordained claires that the Federal Government has no juris- "'to form a more perfect union, establish justice, diction, authority, or power to regulate such insure domestic tranquillity, promote the general subjects. for. any State. To force the right of welfare, provide for the common defense, and suffrage out of the hands of the white people and secure the blessings of liberty to ourselves and' into the hands of the negroes' is an arbitrary vio- to our posterity." These great ends have been lation of this principle. attained heretofore and will be again, by faithThis bill imposes mnartial law at once, and its- ful obedience to it; but.they aro certain to be operations will begin so sodn as the general and lost if we treat with digregard its sacred obliga-, his troops can be put'n place. The dread alter- tions. native between its'arsh rule and compliance' It was to punish the gross crime of defying the with the terms of this measure is not suspended, Constitution, and to vindicate'its supreme aunor are the people afforded any-time for free de- thority, that we carried on a bloody war of four liberation.. The bill.says to them, take martial years' duration. Shall we now acknowledge law first, then deliberate. And whens they have that we sacrificed a million of lives and expended done all that this measure requires them to do, billions of treasure to enforce a Constitution other conditions and contingencies, over which which is not-worthy of respect and preservation? they have no control, yet remain to be fulfilled Those who advocated the. right of secession before they can be relieved' from martial law.' alleged in their own justification that we had no' Another Congress nimst first approve the consti, regard for law, and that their rights of property, tutions made in conformity with the will of this life, and liberty would not be safe, under'the Congress, and must declare these States entitled Constitution, as administered by us., If we now to representation in both Houses. The whole verify their assertion, we prove that they were, question thus remains open anid unsettled, and in truth and in fact fighting for their liberty, must again occupy the attention of Congress, and instead of branding their leaders with the and in the meantime the agitation which now'dishotnoring name of traitors against a righteous prevails will contiiue'to disturb all portions of and legil Government, we elevate them in histhe people. tory to the rank of self-sacrificing1 patriots, conThe bill also denies the legality of the gov- secrate them to the admiration of the world, and ernments of ten of the States which participated place them by the side' of Washington, Happ 172 POLITICAL MANUAL. den, and Sydney. No; letus leave them to the'be no just ground of apprehension that persons infamy they deserve, punish them as they should who are disloyal will be clothed with the powers be punished, according to law, and take upon of legislation for this could not happen when ourselves no share of the odium which they the onstitutionandthelawsare nforcedbya. shouldbhear aloie. vigilantandfaithfulCongress."'.'WhenaSenashould bear alone. ig It is a,part of our public history, which can tor Representativ presents' his certificate of never be forgotten, that both Houses of. Congress, election, he may at once be admitted or rejected; in July, 18i-1, declared, in.the form of a solemn or, should there e. any question as to his eligi, resolution, that the war was and should be car- bility, his credentials may bereferred for investiried on for'no purpose of subjugation, but solely gati o the appropate committee. If aditto enforce the Constitution and laws; anid that ted to a seat, it mus. e upon evidence satisfacwhen this was yielded by the parties in rebel- tory to the House ofwhich he thus ecomes a lion, the contest slhuld cease, with the constitu- member, that he possesses the requisite constitutional rights of tTe States and of individuals tional and legal qualifications. If refused adunimpaired. This resolution was adopted and mission as a member for want of due allegiance sent forth to the world.unanimously by the Sen- to the Government, and returned to his constituate,.and with only two dissenting voices in the ent y are admonished that n e but persons House,'It'was accepted b the friends of the loyal to the United States will e allowed a Union in the South, as well as in the North, as voice in the legislative councils of the nation expressing honestly and truly the object of the and the political.power and moral influence of war.. On the faith of it, many thousands' of Congress are thus effectivelyexertedinthe inpersons, in both sections gayve their lives and their terests of loyalty to the Government and fidelity fortunes to the cause. To repudiate it now by re- to the Union." And is it not far better that the fusing to the States and to the individuals:within work of restoration hhould be accomplished by themi the rigilts which the Constitution and laws simple compliance with the plain requirements of the Uni'on would secure to, them, is a breach of the Constitution, than by a recourse to measof our plighted honor for which I can imagine ures which in effect destroy the States, and no exeiue, and to which I cannot voluntarilythreaten thesubversion of the General Governbecome a party. ment? All that inecessarytosettle thissimple The evils which spring from the unsettled but important question, without further agitastate of our Government will be acknowledged tion or delay, is a willingness on the part of all by all. Commercial intercourse is.impeded, capi- to sustain the Constitution and carry its protal is in constant peril, public securities fluctuate visions-into practical operation. If tomorrow in value, leace itself is not secure, and the sense either branch of Congress would declare that, of moral and.political duty is impaired.. To upon the presentation of their credentials, memavert-these calamities fromnt-our country, it is hers constitutionally elected and loyal to the imperatively required that we should immedi- General. Government would be admitted to seats ately decide upon some course.of administration in Congress, while all others would be excluded, which can be steadfastly adhered to. I am andtheirplaces remain vacant until the selection thoroughly convinced that any settlement, or by the people of loyal and qualified persoiis; and. compromise, or plan of action which is incon- if, at thelhme time, assurance were given that sistent with the principles of the Constitution this policy would be continued until all the States will not only be unavailing, but mischievous; were represented in Congress, it would send a that it will but multiply the present evils, in- thrill of joy throughout the entire land, as indistead of removing them. The Constitution, in cating the inauguration of a system which must its whole integrity and vigor, throughout the speedily bring tranquillity to the public mind. length and breadth of the land, is the best of all While we are legislating upon subjects which, compromises. Besides, our duty does not, in are of great importance to the whole people, and may judgment, leave us-a choice. between that which must affect all parts of the country, not and any other. I believe that it contains the only during the life of the present generation, remedy that is so much needed, and that if the but for ages to come, we sl4uld remember that co-ordinate branches of the Government would all men are entitled at least "to a hearing in the unite upon its provisions, they'would be found councils which decide upon the destiny of thembroad enough and strong enough to sustain in selves and their children. At present ten States time of peace the nation which they bore safely are denied representation, and when the Fortieth through the ordeal of a protracted civil war. Congress assembles on the fourth day of the Among the most sacred guaranties of that in- present month, sixteen States will be without a strument are th6se which.declare that "each voice in the House of Representatives. This State shall have at least one Representative," grave fact, with the important questions before and that " no Slste, without its consent, shall us, should induce us to pause in the course of be deprived of its equal suffrage in the Senate." legislation which, looking solely to the attainEach House is made the "judge of the elections, m'nt of political ends fuls to consider the rights returns, and qualifications of its own members," it transgresses, the law which it violates, or the and may, "'Nwith the concurrence of two-thirds, institutions which -it. imperils. expel a member." Thus, as heretofore urged, ANDREW JoHNSON. "in the admission of Senators and Representa- WASHieGTONr, Ma rsch 2 1867. tives from any and all of the States, th'ere can The votes on this bill were as follow IN HoUsE. *This is not quite accurate. There were five negative 1 Frury votesintthp Senate. (See CenateJournal,lstSesB.39th Con-.f8 [7Le hl passed fnally, as gresspage 92.). above-yeas 128,. nays 4, ast follow: PRESIDENT JOHNSO'S MESSAGES. 173 YEAs-Messrs- Alley, Alhiason, Ames, Anderson, Arnell, NAYS-Messrs. Buckcalew, Cowan, Davis, Dixon, Doolittle, Belos R. Alshley, James M. Ashley, Baker, Baldwin, Bankis, lendricks,.Yesmith Nor1ton, Patterson, Saulsbury —10. Barker, Baxter, Beanian, Benjamin, Bidwell, Bingham, Wl t P ESIT of the Senate do laine, Blow Botwell, Bandegee, Bromwell, Broomall W ereupon the PRESIDENT of the Senate deBucklaad, Budy, Reader W. ClarkeSidney ClarkeCobb, clared the bill to be a law. Cook, Culloni, Darlg, Davis, Dawes, Defrees, Delano, Darming, Dixou), Dodle, Donnelly, Dumont, Eglesaon, Eliot, LIarnsworth Virqu lrort Veto of the Civil Tenure Bill, March 2, 1867. wold, Abner C. Harding, Hart, Hayes, lenderson, Higby, To the Senate of the United States: Hill, Hlolines, Hlooper, liotc~hkiss, Chester D. Hubbard,,Tnl ard soCa d I have carefully examined the bill " to reguDome l Huibbard, r., John 11. lHubbard, Hlulburd, Ingersoil, Julian, Kaon, elley, Kelso, Ketcha, Koontz, Laflin, late the tenure of certain civil offices." The Georgo V. Lawrenco, William Lawrence, Loan, Longyear, material portion of the bill is contained in the Lynch, Marvin, Mayinard, Mcirg, Mclndoe, McKoeMce M Mi ooheadMorrfirst section, and isof theeffectfollowing, namely: NewellO'NeilGlOrtlsPoissePatttesoPerham, Pike, P~aiits, "That every person holding ahy civil office to Pomeroy, Pui-ce, Ranion, Alexanider II.ie JnR.ice, John ic he has been appointed by and with the B Isu IurSlii c ld h ba rln advice and consent of the Senate, and every perd1ing, Starr Stevens. Stokes, Thayer, Francis Thomas, John L. Thomas, jr. Trowbridge, Upso, airi Aernarm, Burt Van son who shallhereafter be appointed to any such Hiorn, Robert T.Van Horn, llanilton WaidWarner,Hery office and shall become duly qualified to act B''abbuisi Iih~so Btherein, is and shall be entitled to hold such'Whaley, Williams,.James F. Wilson, Stephen F. Wilson, Whalomy oodbr eiii dge~.a c- son Stehen F. W12ils.o, office until successor shall have been appointed NAYSMessrs. Ancona Berg en, ByerCanpbell, CMaler, by the President, with the advice and consent Goodyear, sAaraon H de\i ~ \ido hcise, Edwosinb Nebece of the Senate, and duly qualified; and that the bllJames llubbell, Humphrey, Husnter, Kii, Ku ken- Secretaries of State, of the Treasury, of War, of l, ougthe Navy, and of the Interior, the Postmaster codle o s onsst all S t- souse Geneinal, and the Attorney General shall hold Tabe-, Nathaeid C. ITai/l, ielsso aylor, Thornton, Tisl- their offices respectively for and during the term sle, Anidrew II r. W ii iJleld, Wrigiat~ 146. of the President by whom they may have been.Same day~The SENATE passed the bill yeas appointed, and for one month thereafter, subject 35, navys 7, as follo'w to removal by and with the advice and conser S sr row atell Chandler ConnessCragin, of the Senate." li e. ns These provisions are qualified by a reservation Kirkwood, Lises Morgan, Morariill, Poland, Pomeroy, iRa- in the fourth section, "that nothing contained ey, Ross, Sherman, Stewart, S nerTrumbull, an Win- in the bill shall be construed to extend theterm s of any office the duration of which is limited by mith, 1PaetiossonSiussl~b ~-s 7. law."' In effect the bill provides that the PresiMarch'2~-The bill was vetoed. dent shall not remove from their places any of Samiae day~The l-oUso re-passed the bill the civil officers whose terms of service are not yeas 138, nays 51, as follow: limited by law, without the advice and consent YEASlessrs. Alley, Alison, Ames, Anderson, Arnell, of the Senate of the United'States. The bill in Delos,.L Ashleyl/James M. Asiley, Baker, Baldwin, I anks, this respect conflicts, in my judgmenta with the Barker, Baxter, Beaanin, Benjamin, Bidwell, Bingham, Constitution of the United States. The question, Blaine, Blow, BosNtwell, Bcandesee Bironwell, Bsoosaall, Buckland, Bundy, Reader W. Clarke,Sidney Clarke, Cobb, as Co'ngrests iS well aware, is by no means a new Conkling, Cook, Cullum, Darling, DaBvis, Dawes, Defree", one. That the aowr of romoval s constitutionDelano, Deming,Dixon, Dode, Donnelly, Driggs, Dumont, ally vested ~ mv I is TTit< tionEckley, Egglestor), Elit, faissworth, Fariquhar Ferrys the President of the UnitedStates Garfield, Grinnell, GrisVold, Abner C. Harding, lklirt, IHayes, is a principle which has been not more distinctly Henderson, highy, Hill, Holmes, looper, lotchkiss, Asuaiel declared by judicial authority and juqicial ComW.hiisbbsd, Cliester B. Hubbard Dernas Hubbard, jr muntators than it has been mniformly practiced Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Koonsz, Upon by the legislative and executive departLaflin, George V. Lawrence, William Lawrence, Loah, Long- ments of the Government- The question arose year, Lynch, Marquette, Marston I Marvin, Maynard. Mse questiof on 4 ea~ s the Clung, Mcisdse, McKee, BeRuer, Mercur, Miller, Moos in the louseof representatives SO early as the head, Morrill. Morris, Moulton, Myers, Newell, O'Neill, Ortls, 16th of Tune, 1789, on the bill for esta-blishing Paine, Patterson, Perhanm, Pike, Plants, Pomeroy, Price, an executive departmrent denominated " The DeSchenck, Scofield, Sliellaiarger. Sloan, Spalding,_Starr p5e-l entot l vens, Stokes. Thbyer, Francis luhomas, John L. Thomas, jr.,s Of the bill, after recapitulating the functions of Trowbridge, UpsonVan Aernam, Burt Van on Robhert T. that officer and defining his duties, had these Van Horn, Hamilton Ward, Warner, Henry D. lslasbrn, weed to he removable from office b the William B. Washlsurn, Welker. Wentworth.b haley i wimii y liams, Janes F. Wiison, Stephen F. Wilson, Windom, Wood- President of the United States " It Was moved bridgN, and SpEAKER Co eaAxs138. to strike out these words, and the motion was'oope~r, DewsecuDesos bdcse/ge, lin/ckGloslshronno, sustained With great ability and vigor. It was goodyear, l1sle learon larding, fHarris, Hlawkins; ise insisted that the President could not COnsti^uHo3aen, EdwinA N Hubbell, Hsumnphray, seesr, Jones. lfcru, tonally exercise the power of reomoval excluKnydsnd i'all. in' Bean, Le l cftw's/sMarsfsalMcCul- ~-ps+4 long/,ilacs Nic o son No/,/ Phelps Radford, Samuel s'vely of the Senate that the FederalistsoinRandall, d it^tosPcuR'seli Rousseau, sSianklin, Sigruers, terpreted the Constitution when arguing for its Stillwell, Strouse, Fiber, Niaihaniel 0..iylor, elson l'aslor, adoptiou by the several States; that. the ConstiT/arntoi s suMe ue/sd I Werd, Winfied, Wuug/u/ 1. tutioi had" nowhere given the President power ~ Sam day The SENATE re-passed it-yeas 38,.of rbtovnl either expressly or by strong impliYEAkS MiSis Anthony Cattell Chandler, Conness. Cra vie f r v f of7 b gin, Creswell, Edmuinds. Fessenden, Fogg, Foter, Fowler vided for removals from office by impeachment FrelingD suen, Griuies, Ilarris, Henderson,o H dowwad e h yowe, only -Jo/nson, Kirkwood, Lane, Morgan,'torrill, Nye, Poland, A construction which -denied the power of ner, Trusnisusl, NenWumele, Wade, Willey, Williams, lsh: removal by the President was further maintained 8onYatesa38 by arguments drawn from the danger of the 174 P.OLITICAL MANUAL. abuse of the power; from the supposed tendency Mr. Madison, whose adverse opinion in the of an exposure of public officers to capricious Federalist had been relied upon by those who removal to impair the, efficiency of the civil ser- denied the exclusive power, now participated in vice; from the alleged injustice and hardship of the debate. He declared that he had reviewed displacing incumbents dependent upon their offi- his former opinions, and he summed up the cial stations, without: sufficient consideration; whole case as follows: from a supposed want of responsibility on the "The Constitution affirms thatthe executive power is part- of the President; and from an imagined osition? Ye, these'ue The Constitution s'ye thit in defect of guaranties against a.vicious President appointing to office the Senate shall beapssociated with the who might incline to abuse the power. On the President, unless in the case'of inferior offcers, when the other hand, an exclusive power of removal by law righttoextendthiscxception? I beleveiot lithe Conthe President was defended as a true exposit ion t hasinvested all executive power in the Pesident, of the text of the Constitution. It was main- I venture to assert that the legislature has no right to di tained that there are certain causes for which shrain ilio resolves itself into this: Is the power.of displaing an persons ought to be removed from office without executive power? I conceive that if any power whatsoever being guilty of treason, bribery, or malfeasance, is in t ecuive itis the power of appointg,overseeing, and that thie nature of things. demandi that it a controlling those who execute the liws. IftheConstisho uld be so. " Suppose," it was said, "aPresident in apshould be SO. " bUppOSe, it Wa's said, " a mn a n poiutitng to office hy associatinothel Senate with him in that becomes insane by the visitation of God, and is business, would it ot e clear that le would have the ight, likTlv to ruin our affairs, are the hands of the y i'lytoruinout ammsare tne lia~ndS~ nG inti Should we he authorized, in defiance of0thiat clause Government to be confined from warding off the ni theConstitution~ The executive powler shall be vested evil? Suppose a person in office, not possessing in the President'~to unite the Seiat witthhe Presidentin the talents lie was judged to have at the time of the W o ot b oiz t d tins, I think it ma y the appointment, is the error not to be; corrected? be disputed whether we have a ight to asociatethem in Suppose he acquires vicious habits and incurable removiig persons fron office the one power bein s much indolence, or total neglect, of the duties of his as the oth d the st one authorized by being excepted out of the general rule estaboffice, which shall work mischief to! the publtion i thieewords: The executive welfare, is there no way to arrest the threatened powinthePresident. danger? Suppose he becomes odious and unpop- The question thus ably and exhaustively a ular, by reason of the measures he pursues-and gued was decided by the House of epresental this he mray do withqut committing any positive tives, b a vote of thirty-four to twenty, in favor offense against the law-must he. preserve his of the principle that the executive power of reoffice in despite of the popular will? Suppose moval is vested by the Constitution in tIhe ELxec~officein despite of the popular will? Su ppose moa him grasping for his own aggrandizement and utiveandinthe Senate b the casting vote of the elevation of his connections by every means the Vice President. short of the treason defined by the Constitution, The question has often been raised in subsehurrying your affairs to the precipice of destruc- quent times of high excitement, and the practice tion, endangering your domestic tranquillity, of the Government has nevertheless conformed.plundering you of the means of defense, alien- in alt cases to the decision thus early moande. - ating the affection of your allies, and promoting The question was revived during the a~dministhe spirit of discord; must the tardy, tedious, tration of President Jackson, who made, as is desultory road by way of impeachment be trav- well recollected, a very large number of removelled to overtake, the man who, barely confining als, which were made an occasion of close and himself within the letter of the law, is employed' rigorous scrutiny and remonstrance. The subin drawing off the vital principle of the Govern- ject'was long and earnestly debated in thSenment? The nature of things,-the great objects ate, and the early construction of the Con'stituof society, the express objects of the Constitution tion was nevertheless freely accepted as binding itself, require that this thing should be other- and conclusive upon Congress. wise. To. unite the Senate with the President The question came before the Supreme Court in the exercise of the power,"' it was said, " would of the United States in Janucary, 1839, ex parte involveius in the most serious difficulty. Sup- Henrnen. It was declared by the Court eo that pose a discovery of any of those events should occasion, that the power of removal from office take place when the Senate is not in session, how was a subject much disputed, and upon which a is the remedy to be applied? The evil could. be great diversity of opinion was entertained in the.avoided in-no'other way~than-by the' Senate sit- early history of the Government. This related, ting-always." In regard to the danger of the however, to the power of the Presidentto remove power being abused if exercised by one man, it officers appointed with the concurrence of the was said "that the danger is as great with Senate.; and the great question was whether the respect to the Senate, who are assembled from removal' was to be by the President alone, or various parts of thae continent, with different with the concurrence of tbe Senate, both' conimpressions and opinions;" "that such a b6dy stituting the appointing power. No one denied is more likely to misuse the power of removal the pow er of the President and senate jointly than the roan whom the united voice of Atmerica to remove' vwhere the tenure of the office was not calls to the presidential chair. As the nature fixed by the Constitution, which was a full recogof government requrres the power of removal," nition of the principle that the power of removal it, was maintained "that it should be exercised was incident to the powevr of appointment; but in this way by the hand capable of exerting it- it was very early adopted as a practical conself with effect; and the psower must be con- struction of the Constitution, that this power ferred on the President by- the Constitution as was vested in the President alone and such the executive officer of -the Government." would appear to have been the legislative con PRESIDENT JOHNSON'S MESSAGES. 175 Btlruction of the Constitution, for in the`organi- ernment appointed by the President, whose term of duratiou is notspecially declared. It is supported by the weighty reason that the subordinate officers in the executive departWar, asnal Treasury; in the year 1759, provision ment ought to hold at the pleasure of the head of the dewas made for the appointment of a subordinate partment., because he is invested generally with the execnuld tive authority, and the participation in that authority by the Senate was an exception to a general principle and have charge of the records, books, and papers ought to be taken strictly. Thie President is the great appertaining to the office when the head of the responsible officer for the faithful execution of the law, and Dhe the power of removal was incidental to that duty, and might often be requisite to fulfill it." resident ofThus has the important question presented by Department was ablthis bill been settled, in the language of the late provision was made foir tie charge and cnstdy Daniel Webster, (who, while dissenting from it of the books, records, and documents of' the Deadmitted that it was settled) by construction, partment in case of vacancy in the office of Sec- a t t it settled by construction rotaryP byremv orte ie tinthesettled by precedent, settled by thie practice of "by reermoval of the President," as i done the Government, and settled by statute. The sne events of the-last war furnished a practical conwith respect to the heads of the other Depart- rm i o t wd of t Constitution as,rl- firmation of the wisdom of the Constitution as mldsit has hitherto been maintained, in many of its his office with the same tenure as the other Seche parts, including that which is now the su'bject otsof consideration. When the war broke out, rebel change of phraseology arose, probably, from its enemies, traitors,. abettors; and symnpathizers, having become the settled and well-uncdetstood'enemies., traitors, Dett end smth izers were found in every Department of the Governconstruction of the Constitution that the power wr f in e D of th Goen Vr wnient. as well' in the civil service as.in the land ofin d naval military service. They were found such cases, although the appointment of the of- in Congress and among the keepers of the Capi-. ficer isIby the President and Senate. (13 Peters, t fr missions; ineach and all of th ers, tol; iv foreign missions; in each and all of the page 139.) executive Departments; in theludicial service Ourmost distinguished and accepted commen- ejudicial service;, n- in.the post office. and among the agents for conn ducting Indian affairs. Upon probable suspicion santioed y theSurmt hey were promptly displaced by my predeceshullsor so far. as they held their offices under execanalysis of the congressional debate to which I at they hed their offies uer exech eerd rJte o c tthI utive ailthority, and their duties were confided isto new and loval successors. No' complaints concluion: "After a most animated discussion, to ew an loyal sucss o complant the vote finally taken in the ouse of Repre against that power or doubts of its wisdom were tre- entertained in any quarter. I sincerely trust moval in the President, without any co-operation and believe that l i fthe Senate, by the ote of thirty-four mem- whatever form, and on. whatever occasion, sediers a intwenty. n the Senate, thec setion ca raise an effort to hinder, or embarrass, in the bill affirming the power was carried by o de t lim action of thisGovernthe casting vote of the Vice President. That the final decision of this question so made was mn wheth rby etingp the oecto of.time, and has always been believed, yet the doc- f e Eeney the p eremovfro ofied trine was opposed as well as supported by the the Exectiv, a ita h orexsted e am country. Under these circumstances, as a'depository of The public have acquiesced in this decision, and t eci a o of the nation, I do not it constitutes, perhaps, the inbst' extraordinary feel at liberty to unite Nyith Congress in raverscase in the history of the Government of a power ing it byvgiving my approval to the bill. At conferred by implication on the Executive by the early day when this question was. settled, the assent of a bare majority of -Congress, which, d ed, at t several periods when it has s nt been questioned onmanyother occa- subsequently been'agitated, the success of the sions.' The, commentator adds: "Nor is this Constitution of the United Sthtes, as a new and general acquiescence and silence without a satis- p l st of free- representative governfactory explanation." ment, was held doubtful in other countries, and Chancellor Kent's remarks on the subject are'was even a subject of patriotic apprehension as follows: among the American people themselves. A trial "On the first organization of the Government it'was made of nearly eighty years, through the vicissitudes a question whetlher the power of removal in case of officers of foreign conflicts and of civil war, is confidently' appointed to -hold at pleasure resided nowhere but in the as body which appointed, nd, of course, whether the consent regarded havipg extinguished all such doubts of the Senate was not requisite to remove. This was the and apprehensions for the future. During that construction given to thie Constitution while it was pending eighty years the people of the Unitedl States have for ratification before the State conventions, by the author enjoye a Teasure of securi peace prdsprity, of the Federalist. But the construction which was given enjoyed ameasure of security, peace, prospery, to the Constitution by Congress, after great consideration and happiness never surpassed by any nation. and discussion, was different. The words of the act (estab- It cannot be doubted that the triumphant sIucihg eTar eprtmetare:'Andw h cess of the Constitution is due to the wonderful United States, or in any other case of vacancy in, the office, wiSdom with which the functiOnS of government the assistanit shall act.' This amounted to a legislative con- were distributed between the-three principal Destruction of the Constitution, and it has ever since been a s-tho legiltv e, the executive, and acquiesced in and acted uponas a decisive authority in the Ia case. It applies equally to every other officer of the Gov, the judicial-and to the fidelity with which each 176 POLITICAL MANUAL. has confined itself or been confined by the gen- pointed to any such office, and shall become duly eral -voice of the nation within its peculiar and qualified to act therein, is, and shall be, entitled proper sphere. While a just, proper, and watch- to bold such office until a successor shall have ful jealousy of executive power constantly pre- been in like manner appointed and duly qualivails as-it ought ever to prevail, yet it is equally fled, except as herein otherwise provided: Protrue that an efficient Executive, capable, in the vided, That the Secretaries of State, of the language of the oathl prescribed to the President, Treasury, of War, of the Navy, and of the Inof executing the laws, and; within the sphere of terior, the Postmaster General, and the Attorney executive action, of preserving, protecting, and General shall hold their offices respectively for defending the Constitution of the United States, and during the term of the President by whom is an indispensable security for tranquility at they may have been appointed, and f9r one home, and peace, honor, and safety, abroad. month thereafter, subject to removal by and Goverfiments have been erected in many coun- with the advice and consent of the Senate. tries upon our model. If one or many of them SEc. 2. That when any officer apointed as have thus far failed'in fully securing to their aforesaid, excepting judges of the United States people the-benefits which we have derived from courts, shall, during the recess of the Senate, be' our system, it may be confidently asserted that shown, by evidence satisfactory to the President, their misfoitune has resulted from their unfortu- to be guilty of'misconduct in office, or crime, or nate failure to maintain the integrity of each.of for any reason shall become incapable or legally the three great departments while preserving disqualified to perform its duties, in such case, harmony among them all. and in no other, the President may suspend such Having at an early period accepted the Co,n- officer, and designate some suitable person to stitution in regard to the executive office in the p'erform temporarily the duties of such office sense in which it was interpreted with the con- until the next meeting of the Senate, and until currence of its founders, I have found no sufficident the case,shall be acted upon by the Senate; and grounds in the arguments now opposed to that such person, so designated, shall take the oaths construction or in any assumed necessity of the and give the bonds required by law to be taken times for changing those opinions.- For these and given by the person duly appointed to fill reasons I return the bill to the Senate, in which such office; and in sudh case it shall be the duty house it originated, for the further consideration of the President,,within twenty days after the of Congress which the Constitution prescribes. first day of sech next meeting of the Senate, to Insomuch as the several parts of the bill which report to the Senate such suspension, with the I have not considered are matters chiefly of de- evidence and reasons for his action in the case tail, and are based altogether upon the theory and the name of the person so designated'to perof the Constitution from which I am obliged to form the duties of such office. And if the Senate dissent, I have not thought it necessary to ex- shall concur in such suspension, and advise and amine them. with a view to make them an occa- consent to the removal of such officer, they shall sion of distinct and special objections. so certify to the President, who may thereupon ExpeNrence, I think, has shown that it is the remove such officer, and, by and with. the advice easiest, as it is also the most attractive of studies and consent of the Senate, appoint another pdrto frame'constitutions for the self-government son to such office. But if the Senate shall refuse of free States and nations. But I think experi- to concur in such suspension, su~h officer so susence has equally shown that it is the most diffi- pended shall forthwith resume the functions of'cult of all political labors to preserve and main- his office, and the powers of the person so pertain-such free constitutions of self-government forming its duties in his stead shall cease, and wh'en once happily established. I. know no the official salary and emoluments of such officer other way in which they can be preserved and shall, during such suspension, belong to the permaintained, except by a constant adherence to son so performing the duties thereot', and not to them through the various vicissitudes of national the officer so suspended: Provided, however, That existence, with such adaptations as rmay become the President, in case he shall become satisfied necessary, always to be effected, however, through that such suspension was made oni insufficient the agencies and in.the forms prescribed in the grounds, shall be authorized, at any time before original constitutions themselves. reporting such suspension to the Senate as above Whenever administration fails, or seems to provided, to revoke such suspension'and reinfail, in securing any of the great ends for which state such officer in the performance of the duties republican government is established, the proper of his office. course seems to be to renew the original spirit SEC. 3. That the President shall have power and forms of the Constitution itself. to fill all vacancies which may happen during ANDREW JOHNSON. the recess of the Senate, by reason of death or WASHINGTON, March'2, 1867. resignation, by granting commissions which shall expire at the end of their next session thereCopy of the Bill Vetoed. after. And if no appointment, by and with the Ax ACT regulating the tenure of certain civil advice and consent of the Senate, shall be made offices.'to such office so vacant or temporarily filled as Be it enacted by the Senate and House of Rep- aforesaid during such next session of the Senate, resentatives of the United States of America in such office shall remain in abeyance without any'Congress assembled, That every person holding salary, fees, or emoluments attached thereto, any civil office to which he has been appointed until the same shall be.filled by appointment by and with the advice and consent of the Sen- thereto, by and with the advice and consent of ate, and every person who shall hereafter be ap- the Senate; and during such time all the powers PRESIDENT JOHNSON'S MESSAGES. 177 and duties belonging to suci office shall be exer- or. performing the duties of any office or place cised by such other officer as imay hy law exer- of trust under the United States, for or in respect cise such powers and duties incaseof a vacancy to such office, or the exercising or performing in such office.. the functions or duties thereof; and every perSEC. 4. That nothinin this act contained shall son who shall violate any of the provisions of be construed to extend the term of any office the this section shall be deemed guilty of a high duration of which is limited by law. misdemeanor, and, upon trial and conviction SEC. 5. That if any person shall, contrary to thereof, shall be punished therefor by a fine not the provisions of this act, accept any appoinment exceeding ten thousand dbllars, or by imprisQnto or employment in aly office, or shall hold or ment not.exceeding ten years, or both said punexercise, or attempt to hold or exercise, any such ishments, in the discretion of the court. office or employment, he shall be deemed, and is The votes on i.his bill were: hereby declared to be, guilty of a high misde- February 18-The SENATE passed it, as agreed meanor, and, upon trial and conviction thereof, upon by a committee of conference -yeas 22, he shall be punished therefor by a fine not ex- nays 10, as follow: ceedin~g teln thousand dollars, or by ~imnprison- YEAS-Messrs. Anthony, Brown, Chandler, Conness, Fogg, ment not exceeding five years, or both said pun- Fowler, Henderson, Howard, Howe, Lane, Morgan, Morrill, Ramsey, Ross, Sherman, Stewart, Sumner, Trumbull, Wade, Williams, Wilson, Yates-22. ^SEO. 63. That every removal, appointment, or NAYS-Messrs. Buckalew, Davis, Dixon, Doolittle, Hlenemployment made, had, or exercised, contrary dricks, Johnson, McDougall, Patterson, Van' Winkle, Willey to the provisions of this act, and the making, -40. signing, ealing, ountersigning, or i ing of any February 19-The HOUSE passed it-yeas 112, re- nays 41, as follow:: commission or letter of authority for or in-re- nays 41, as follow: sp ect to any such appointment or employment, YEAs-Messrs. Alley, Allison, Ames, Anderson, Arnell, s s and are hereby declared to b Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, all be deemed, and are herebydeclared to be, Baxter, Beaman, Benjamin, Bidwell, Blaine, Blow, Boutwell, high misdemeanors, and, upon trial and conviC- Branidegee, Bromwell, Broomall, Buckland, Reader W. l be Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, Deming, dDodge, Donnelly, Driggs, Dumont, lEggleston, liot, arsppunished by a fine not exceeding. ten thousand worth, Farquhar, Ferry, Grinnell, Alner C. Harding, iart, dollar!s, or by imprisonment not exceeding five IHayes,H enderson, Iigby, Hill, Holmes, Hooper, Hotchklgs, years, pr both said punishments, in the discretioni Demas IIubbard, jr., John II. Hubbard, Hulburd, Ingersoll, of Julian, Kasson, Kelley, Kelso, Ketcham, Koontz, Knykelnof the rt: Proded Thatthe eidetshall dall, Laflin, George V. Lawrence, William Lawrence, Loan, bhavde power to make out and deliv!d'e'r, after the Longyear, Lynch, Marvin, Maynard, McIndoe, McKee, Mcadjournment of the Senate, commissions for all Ruer, Mercur, Miller, Myers, Newell, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William HI. 1.landall, vofficers whos appointment shall have been ad- Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, SEC. 7. That it shall be the duty of the Secre- Stevens, Stokes,.Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam,!Burt Van Horn, Robert T. Van Horn tary of the Senate, at the close of each sesiion Hamilton Ward, Warnor, William B. Washburn, Weiker, thereof, to deliver to the Secretary of the Treas- Wentworth, Williams, JamesF. Wilson, Stephen F. Wilson, ury, and to each of his assistants, and to each of Windom, Woodbridge —112. Ahe Auditors, and to each of the Comptrollers in NA as-essrs.,Aeua, BErge y bllnk Glsealer, tle Treasury, and to the Treasurer, and to the Aaron Harding, Harris, Hawkins, Hise, Bumpsireg, Hlssnter, Register of the Treasury, a full and com plete Kerr, Latham, Ble, d, Leftwich, McCullough, liblack, lis,0. duly certified, of all persons who t shall h ave ic/olson, Radford, Samuel J. Randall, Ritter, Roeg's, list, duly certified, of all persons. who -shall have Ross, Rousseau, Shan/din, SRigreaees, Stillwell, Taber, Nabeen nominated to and rejected by the Senate tsasielG. Taylor, Nelsoni Taylor, Thornton, imble, Andrew during such -session, and d like list of all the H. Ward, Whaley, Wrig/st-41. offices to which nominations shall have been March 2-The bill was vetoed. made and not confirmed and filled atsuch session. Same day-The SENATE re-passed ity-eas 35" SEc.S. That whenever the President shall, nays II, as follow: Without the advice and consent of the Senate, YEAs-Messrs. Anthony, Cattell, Chandler, Conness, Craperform the duties of any olfice,he shall fortl- ae, Morgan, Morrill, Nye, Poland, Pomeroy, samsey, with notifr'tle Secretary ^f the Treasury thereof, Ross, Sherman, Sprague, Stewart, Sumner, Trumbuil, Van and it shall be the duty of the Secretary of the Winke, Wade, Willey, )villiams, Wilso Yates-Si. Treasury thereupon unicate such not Hendricks, Johnson, Nesmith,N oiton, Pattu-son, Saulsbury to all the proper acco~unting and disbursing offi- -~l. oersof his Deartmient. Same day-The. HousE re-passed it-yeas 138, SEc. 9. That no money shall be paid. or re- nays 40, as follow: ceived from the Treasury, or paid or received YEAS-Messrs. Alley, Allison, Ames, Anderson, Arnell, from or retained out of any public moheys or Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, funds of the United.States, whether in the Treas- Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaime, Blow,. Boutwell, Brandegee, Bromwell, Broomall, ury or not, to or by or for the benefit of any per- Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, SOn appoint1ed to or authorized to act in or hold- Conkling, Cook,. Cullom, Darling, Davis, DBwes, Defrees, ing or exercising the duties or functions of any Delano, D oming, Dixo e, Don nelly, Drrihas,'Dunnar office contrary to the provisions of this act; nor field Grissnell, Griswold, Hale, Abner C. Harding, Hart, shall any claim, account, voucher, order, certifi- Hawkins, Hayes, Henderson, Higby, Hill, Holmes, Hooper, warrant, or other instrument p-rovidig for Iotchkiss, Asahel W. Hubbard, Chester D. Hubbard, John nate, harrant, or other instrument providinglor ~I. Hubsard, James R. Hubbell, Husilburd, Ingersoll, Jenckes, or relating to such payment, receipt, or reten- Jsslian, Kasson, Kelley. Kelso, Ketcham, KoontzLaflin, tion, be presented, passed, allowed, approved, George V. Lawrence, William Lawrence, Loan, Longyear, derti^ed or paid by any officer of the United Lynch, Marquette, Marston Marvin, Maynard, McUlurg, byrtified or p ersobyany exfierising the fUnctios Meolnoe, McKee, McRuer, Mercur, Miller, Moorhesed, MorStetes, or by any person exercisingmthe fuctions rill, Morris, Moulton, Myers, Newell, O'Neill, Ortb,,paine, 12 178 POLITICAL MANUAL. Patterson, Perham, Pike, Plants, Pomeroy, Price, William baima Louisiana, Mississippi, and TexasbeforthRandall, Raymond, Alexander H. Rice, John H. Rice, with Rollins, Sawyer, chenck, Scofield, Shellabarger, Sloan, sband andthatthefurth Spalding,Starr,Stokes,Thayer, FrancislThomas,Trowbrildge, arming, or calling into service of the said militia Upson, Van Aerham,:Burt Van Horn, Robert T. Van Horn, forces or any part thereof. is hereby prohibited Hamilton Ward Warner, Henry D. Washburn, William B. c so underanv circumstanceswhatev Washburn, Welker, Wentworth, Whaley, Williams, James under any crcumstnce wateve F. Wilson, Stephen F.Wilson, Windom, Woodbridge, and shall be authorized by Congress. SPEAKER COLFAXi -138. NAYS-Messrs. Ancona, Ber.en, Boyer, Campbell, Uhailer, I H S. Co'oper, DawsonEldridge, Finci, Glossbrenner, Goodyear, Pending this bill, Ad'on Harding, Hise,'Hogan, Edwin N. Itubbell, Ilumsphrey, February 20-Mr. BINGHAM moved to strike tronestam, Le loncl, Leftwci, Marshall. M out from the second sectio the words in the 1oug~h,',Nblseckl, Ncholson, Radford, Samuel J. Randall, Ritte2ogerfgs, Ross, Shanocklin, Sitgreaves, Strouse, Taber, NeZson second sentence, prohibiting the removal, suspenTalor, Thornton, Trimble, Andrew H. Ward, Winfield, sion, &c., of the General without the previous Wreup.h. approval of the Senate; which was disagieed to Whereupon thee SPEAKER of the House declared -yeas 62, nays 69, as follow: thebilltobealaw. YEAS-Messrs. Ancona, Bergen, Bingham,Buckland,Campbell, Cooper, Darling, Davis, Dawes, Dawson, Denison, EldMessage Accompanying the Approval of the ridge, larquhar, Finck, Glossbrenner, Goodyear, Aaron Army Apprpriation Bill, March 2, 1867. Harding, Hawkins, Hise, Hogan, Edwin N.Hubbell, James Army Appropriation Bill, March, 1867.. bell, Humphrey, Hunter, Ket To the House of Bepresentatives: i fliL, George V. Lawrence, Le Blond, Leftwich, Lo, The act entitl n at mking ~ * Marshall, Marvin, McCAe llogh, McRuer, Mooriead, Niblack, l c Led "An act making appropria- VNicholson, Noell, Phelps,'Pike, Pomeroy, RadfordSainuelJ. tions for the. s~upport of the Army for the year Randall, Raymond, Ritter,Rogers, Ross, ousseau,Schenck, ending June 30, 1868, and for other purposes " Shanklin, Sitgreaves, Taber, Nathaniel G. aylor, Thayer, contains pr n to w h I -i.s cl Tliorntom, Trimble, Andrew H. Ward, William B. Washcontas provisions to which I must call atten btrn, WhaleywnfielWrigt-62. lion., NAYs-Messrs. Alley, Allison, Ames, Arnel,JamesM.AslThese provisions are contained in the second ley, Baker, Baldwin, Barker, Beaman, Benjamin, Bidwell, ecti~ which in c n ce v y d s Blamine, Blow, Boutwell, Brandegee, Bromwell, Broomall, ection, which in certain cases virtually deprives Bundy, Reader W. Clarke; Sidney Clarke, llom, Dodge. Donthe. President of his constitutional functions as nelly, liggleston, Eliot, Abner C. Harding, Hart, Henderson. Commander-in-Chief of -the Army, and in the Higby, HIill, Holmes', HIooper, Hotchkiss,Dem: s Hubbar sixth se n W h d'to tn t of te jr., John H. Hubbard, Hulburd, Ingersoll,Julian,Kelley, ixthsection, which denies to ten States f the Koontz, William Lawrence, L'ongyear, Mynrd, M r.Union their constitutional right to protect them-.ercur, Miller, Moulto,.Myers, O'Neil Perselvesin any emergency, by means of.their own ham, Price, Rollins, Scofield, Shellabarger. paldina, Starr, Stevens, Stoke:i:Upson, H1amilton Ward, Warner,llenryD. mieprovisions are out of place in an Washburn, Welker, Wentworth, Williams, Stephen F. Wilappropriation act. I am compelled to. defeat son;Windom-69. these necessary appropriations if. I withhold my. Same day- Mr. LEBLOND moved to strikeout signature from the act.'Pressed by these coh- the second section; which was disagreed to siderations, I feel constrained to return the bill yeas 41, nays 88, as follow: with my signature, but to accompany it with- YEks-Messrs. Ancona, Bergen,-Bingloam, Caonpbell,.Goopmy protest against the sections which I have er, Davis, Dawson, Deoiison,'Eldridge, Fincdc, Glossbrenn-r, indicated. ANDREW JOERSON. GoodAear, Aaron Hardisog,.Hise, Hogan, Humphrey, Hin. Alas-oh 2, 1867.' ^ ter,Kiolykendall, LeBlond, Leftwich,'Loan. Marshall, Marvin., WASHINGTONT, Narch 2,1867.Wiblack, Nicho on, Noell, Phelps, Radfos d, Saeusel J. Ran. dall, Raymond, Ritier, Rousseau, Sitqreaves, Natilaniel C. The'sections complained of are these:, Taylor, Nelsoz Taylor, Yifoesnton, Ph imble, Anodrew H. Ward, SEG. 2. That the headquarters of the General NAYS-Messrs. Alloy, Allison, Ames, Arnell,,Delos R. of the Army of the United States shall be at the Ashley, James M. Ashley, Baker, Barker, Baxter, Beaman, city of Washington;, and all orders and instruc- Benjamin, Biwell, BlameBonotell Boandegec, Bronwell, tin r i o t operationsissuedb Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cook, tlOnS relating to militar'y Operations, isssued by W-villiam A. Darling, Dodge, Donnelly, Eggleston, Eliot, Fdrnsthe President or Secretary of War, shall be issued worth, Farqnhar, Abner C. llarding Hart, Henderson, Higthrough the General of the Army, and, in case b, Holmes, Hooper, iiotchkiss, Benas Hubbard, jr., of his inability, through the next in rank. The'John eio Hubbar, Lanses, Hell V.ogreole, J ia General of the Army shall not be removed, sUS- liam Lawrence, Longyear, Lynch, Marston,.oaynard, Mepended, or relieved' from comuTiand, or assigned Clurg, Mclndoe, Mcluer. MIercur, Miller, Moorhead, Moulto duty elsewhere th'an at'sad hd 3ton, Moihyc, Newell, O'Neill, Orth, Paine, Pattorson, Perham, to duty elsewhere than at-said headquarters, Pike, Plants, Pomeroy, Price, John II. Rice, Rollins, Scoexcept at his own request, without the previous field, Shellabarger, Sloan, Spalding, Starr, Stevens, Stoker, approval of the Senate; and any orders or in- Jo. Thomas, jr.,Trowbridge, DysonBurtVaa Hor, structions relating to military operations issued itn,Warner,Welker, Wentworth, Williams, contrary to the requirements of this section shall February 26-In SENATE, a motion to strike be null and void; and any officer who shall outthe.secondsectionwaslost-yeas8nays28, issue orders or instructin scontrary.to the pro- as follow: visions of this section'shall be deemed guilty of YEAS-Meesri. Buckalew, Dixon, Doolittle, Henderson, a misdemeanor in office; and any officer of the Hendricks, Johnson, Nrton, Fatterson-~8. ArAty who shall transmit,c'convey, or obey any NAYS —Messrs. Anthony, Chandler, Conness. Cragin, Cresorders or instructions so issued, contrary to the wl Edmunds, Pessenden, Fog,. Footer, Pelinghuysen, this section, knowing that such Kirkwood, Morgan, Nye, Poland, Pomeroy, Ramsey, Ross, provisions of this section knowing that such Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winorders were so issued, shall be' liable to impris-kie, Wade, Willey,Willianis, Wilson, Yates-28. onmeat for not less than two nor more than'. - twenty' years, upon convictio.n thereof in any Veto'of the Supplemental Reconstruction Bill, ~co-urt of competent jurisdiction. March 23, 1867. SEC.'6. That all militia forces' now organized or. To the House of Representatives: inservice in either of the States of Virginia, North I have considered the bill entitled "An act C'0a;rolina. -oouth Carolina, Georgia, Florida, Ala-'supplementary to an act entitled'An act to pro PRESIDENT JOlHNSON'S MESSAGES. 179 vide for the more efficient government of the residents of the State or strangers. Yet these rebel Sta~tes,' passed March.2,1.867, and to facil- persons are to exercise most important duties, and ate restora~tion," and now return it to theHouse are vested with unlimited discretion. They are of Representatives, with m-y objections.* to decide what names shall be placed upon the This bill provides for elections in thp ten States register, and from their decision there is to be no brought under the operation of theoriginal act appeal. They are to superintend the elections, to which' it is supplementary. Its details are and to decide all questions which may arise. principally directed to the elections for the for- They are to have the custody of the ballots, and mation of the State constitutions, but -by the to make returns of the persons elected. Whatsixth section of the bill "all eletions " in these ever frauds or errors they may commit must pass States occurring-while, the original act remains without redress. All that is left for the comin~force are brought within its purview. Re- manding general is to receive the returns of the ferringto the details, it will be fond that, first elections, open the same, and ascertain who are rrs. chosen" according to the returns of the officers of all, there is to be a registration of the voters, chosen " according to the returns of the officers No.one whose name has not been admitted on who conducted said elections." By such means, the lististo be allowed to vote at any of these and with this sort of agency, are the convenelections. To ascertain who is entitled to regis- tions of delegates to be constituted. tration reference is made necessary, by the ex-' As the delegates are to speak for the people, press language of the supplement, to the prigi- common justice would seem to require that they nalactand to the pending bill. The fifth sec- should have authority from the people themtion of the original act provides, as to vters, selves. No convention so constituted will in that.they shall be "male citizens of the State, any sense represent the wishes of the inhabitants twenty-one years old and upward, of whatever of these States; for, under the all-embracing race, color, or previous condition, who have exceptions of these laws, by a construction which been resident of said State for one year." -This the uncertainty of the clause as to disfranchiseis the general qualification, followed however, ment leaves open to the board of officers, the by many exceptions. No one can be registered, great body of the people may be excluded from according to the original, act, " who may be dis- the polls, and from- all opportunity of expressing franchised for participation in the rebellion," a their own wishes, or voting for delegates who' provision which left undetermined the question' will faithfully reflect their sentiments. as to what amounted, to disfranchisement, and I do not deef it necessary further to investiwhether, without a judicial sentence, the act gate the details of this hill. No consideration act gate the details of this bill. No consideration itself prqduced that effect..This supplemental could induce me to'give my approval to such an bill superadds an'oath, to be' taken' by every election law for any purpose, and especially for person before his name can be admitted upon the great purpose of framing the constitution of the registrationthat hehas "not been disfran- a State.'If ever the.American citizen should be chised for participation in any rebellion or civil left to the free exercise of his own judgment, it war against the United States." It thus imposes is when he is engaged in the work' of forming the upon every person t 0e necessity and responsi- fundamental law'under which he is to live. bility of deciding for Himself, under the peril of That work is his work, and it cannot properly punishment by a military commission, if he be taken out of his -hands. All'this legislation makes a mistake, what works disfranchisement proceeds upon the contrary assumption that the by participation in rebellion, and what amounts people of each of these States shall have no conto such participation. Almost every' man-the stitution, except, such-as may be arbitrarily dienegro as well as the white-above twenty-one tated by Congress and formed under the reyears of age, who was resident in these ten straint of military rule. A plain statenent of States, during the rebellion, volu4tarily'or in- facts makes this evident. voluntarily, at some time and in some way, did In all these States there are existing constiparticipate in resistance to the lawful authority tutions, formed in the accustomed way by. the of the General Government.'The question with people. Congress, however, declares that these the citizen to whom this oath is to be proposed constitutions are not/ "loyal and republican," must be a fearful one; for while the bill does and requires the people to form them anew. not declare that perjury may be assigned for What then, in the opinion of Congress, is necessuch false swearing, no -fix any penalty for the sary to make the constitution of a State "loyal offense, we must not forget, that martial law and republican?" The original act answers the prevails; that every person is answerable to a question.'It is universal negro suffrage-a ques-'military commission, without previous present- tion which the-Federal Constitution leaves to ment by a grand jury for any charge that may the States themselves. All this legislative mabe made against him; and that-the supreme an- chinery of martial law, military coercion, and thority of the military commander determines political disfranchisement is avowedly for that the questiod as to what is an offense, and what purpose, and none other. The' existing constiis to be the measure of punishment. tutions of the ten States conform to the acknowlThe fourth section of the bill provides "that edged standards of loyalty and republicanism. the commanding general of each district shall ap-' Indeed, if there' are degrees iii republican forms point as many boards of registration as may be of government, their constitutions are more renecessary, consisting of three loyal officers or publican n'than when these States-four of persons." The only qualification stated for these which were members of the original thirteenofcers is that they must be "loyal." They may first became members of-the Union. be ~persons in the military service or civilians, Congress does not now demand that a single *.For copy of the bill vetoed, see chap. xviii. provision of their constitutions be'changed, ex* 180 POLITICAL MANUAL. cept such as confine suffrage to the white popu- reconciliation; then, when the people sought lation. It is apparent, therefore, that these once more our friedshp anpr ion conprovisions do not conform to the standard of sidered itourduty generously to meet them inrepublicanism which Congress seeks to establish. the spirit of charity and forgiveness, and to conThat there may be no mistake, it is, only neces- quer them even more effectually by the magnansary that reference should be made to the original imity of the nation than y the force of its arm act, which declares " such constitution shall pro- I yet believe that if the policy of reconciliation vide that.the elective franchise shall be enjoyed tien inaugurated, and which contemplated an by all such persons as have the qualifications early restoration of these people to all their poherein stated for electors of delegates." What litical rights, had received thesupport of Conclass of persons is here meant clearly appears in gress, every one of these ten tes, and al teir the, same section. That is to say, "the male peored citizens.of said State, twenty-one years old and in the Union andthegreat work which gave upward, of whatever race, color, or previous con- the war all its sanction, and made it just and dition, who have been resident in said State for holy, Would have-been accomplished. Then, one year previous to the day of such election." over all the vast and fruitful regions of the South Without these provisions no constitution which peace and its blessing would have prevaile'd can be framed in any one of the. ten. States will while now millions are deprived of rights guarbe.of any avail with Congress. This, then, is antied by the Constitution to every citizen, and, the.test of what the constitution of.a State of after nearly two years of legislation, find thembhis Union must contain tp make it republican. selves placed under an absolute military desMeasured, by such a standard, how few of the po.tism. "A military republica Government States now composing the Union have republican formed on mock elections and supported daily constitutions! If, in the: exercise of the consti- by the sword was nearly a quarter of a century tutional.guaranty that Congress shall secure to qibce pronounced by Daniel Webster, when every. State a republican form of government, speaking of the South American States, as a Universal suffrage for blacks as well as whites is "movement indeed, but a retrograde and disasa^ sine qua non, the work of reconstruction may trous as well begin in O.hio as in Virginia, in Pennsyl- fashioned monarchical systems," and le added: vania as in North Carolina. If men would enoy the blessings of republican govern -When I contemplate the millions of our fellow- ment, they must goveli themselves by reason, by mutual citizens of the South, with no alternative left but coui to impose upon themselves this fearful and untried of the najority, properly expressed; and, above all, the miliexperiment of complete negro enfranchisement, tary must bekept, according to thelangage of our bill of and white disfranchisement it may be almost as rig complete, or submit indefinitely to the rigor Of be no political freedom. Absurd, preposterous is it, a scthis kind of right of trial by jury, in'the sixth amendment, martial law cannot endure together; the antagiso those persons who were subject to indictment onism is irreconcilable, and in the conflictone or or presentment in the fifth, the other must perish. - Tie discipline necessary to the' efficiency of. This nation, as. experience has proved, cannot the army and n'avy required other and swifter.always remain at peace, and has no. right to ex3hodes of trial than are furnished by the common pect that it will always have wise and humane law courts; and, in pursuance of the power con- rulers, sincerely attached to the principles of the ferred by the CoGnstitution, Congress has.declared Constitution. Wicked men, ambitious of power, the kinds6f trial,:and the manner in which they with -hatred of liberty,: and contempt'of law, shall be conducted, for'offences committed while may fill the place once occupied by Washington the party is in the military or naval service. and Lih'coln; and, if this right is conceded, and JUDICIAL OPINIONS. 215 the calamities of war again befall us, the dan- during the late rebellion required that the loyal gers to human liberty are frightful to contem- States should be placed within the limits of cerplate. If our fathers had failed to I-provide for tain military districts, and commanders appointed just such a contingency, they would have~ been in them; and it is urged that this, in a military false to the trust reposed inth-em. T~hey knew sense,'constituted them the theatre of military -the history of the world -told them-the na- operations, and, as in this case, Indiana had been tion they were founding, be its existence short and was again threatened with invasion by the or long, would be involved in war~-how often, enemy; the occasion was furnished to. establish' or how long continued, *human foresight couldn martial law. The conclusion does not follow not tell-and that -unlimited power,: wherever from the premises. if' armies were collected in lodged at such a time, was especially hazardous Indiana, they were to be employed in another ue Indiana, they'were to be employed in another to freemen. For this'. and other equally weighty locality, where the laws were obstructed and the reasons, they secured the inheritance they had national authority disputed. On her soil there'fought to maintain, by incorporating gin.a writ- was no hostile foot; if once invaded, that invaten constitution the safeguards whichtime had sion was at an end, and with it all pretext for proved essential to its prservation. Not one of martial law. Martial law cannot arise from a these safeguards can the President, orCongress, threatened invasion. The necessity must be r the judiciary disturb, except theone concern- actual and present, the invasion real-such as ing the writ of habeas, corpus. effectually closes the courts and deposes the civil It is essential to the safetyof every govern- administration. ment that, in a great crisis like the one we have' It is difficult to see how the safety of the counjust passed through, there should be a power try required martial law in Indiana. If any of somewhere of- suspending the. writ of habeas cor- her citizens' were plotting treason, the' power o pus. In every war there; are men of previously arrest could secure them until the. Government good character wicked enough to counsel their was prepared for their trial, when the courts ellow citizens to resist the measures deemed were open and ready to try them. It was as necessary by a good government to sustain its just easy to protect witnesses before a civil as.a miliauthority and overthrow its enemies, and' their tary tribunal; and, as there could be no wish to in'fluence may lead to dangerous combinations. convict, except upon sufficient legal evidence, IB. the emergency of the times an immediate surely an ordained and established court'was public investigation, according to law, may not better able to judge'of this'than a military trie possible, and yet the peril to the country ay bunal, composed of gentlemen not trained to be too imminent to suffer such persons to go at the profession of the law. large. Unquestionably, thee "is then an exi- It follows, from what has been said on this gency hich demands hat the overnment, if subject, that there are occcasions when martial it should see fit, in. the exercise of a proper dis- rule can be properly applied. If dn foreig incretion, to make arrests, should not be required vasion or civil war the courts a-re actually closed, to produce the persons arrested in answer to a and it is impossible to administer criminal juswrit of habeas corpus. The Constitution goes no tice according to law, then on the theater of actfurther. It does not say after a writ of habeas ive military operations, where war really precorpus is denied a citizen; that he shall be tried vails, there is anecessity to furnish a substitute. otherwise than by the course of the common for the civil authority thus overthrown to prelaw; if it had intended this result, it was easy serve the safety of the army and society; and as by the use of direct words to have accomplished no'power is left but the military, it is allowed to it.'The illustrious men who framed that instru- govern by martial rule until the laws can have ment'were guarding the foundations of civil lib- their free course. As necessity creates the rule, erty against the ^abuses of unlimited power; so it limits its duration; for if this government they were full of wisdom, and the lessons of his- is continued after the courts are-reinstated, it is tory informed them that a trial by an established a gross usurpation of power. Martial rule can court, assisted by an impartial jury, was the never exist where the courts are open, andin the only sure way of protecting the citizen against proper and'unobstructed exercise of their jurisoppression and wrong. Knowing this, they lim. diction. It is also confined to the locality of ited the suspension to one great right, and left actual war. Because during the late rebellion the rest to remain forever inviolable. But it is it could have been enforced in Virginia, where insisted tha't the safety of the country in time of the national authority was overturned and the war demands that this broad claim for martial courts driven out, it does not follow that it should law, shall be sustained. If this were true, it obtain in Indiana, where that'authority was could be well said that a country preserved at never disputed, and justice was always admiinisthe sacrifice of all the cardinal principles of lib- tered. And so in the case of a foreign invasion, erty is not worth the cost of preservation. Hlap- martial rtle may become anecessity in one pilyit is not so. State, when in another it would be "mere law-t will be borne in mind that this is not a less violence." We are notwithonttprecedents question of the power to proclaim martial law, in English and Amerisan history-illustrating our when war exists in a community and the courts views of this question; but it is hardly necessary andcivilauthoritiesareoverthrown. Norbis it to make particular reference to them. a question what rule a military commander, at From the first year. of the reign of Edward the the head of his army can impose on States in Third, when the Parliament of England' reversed rebellion to cripple their resources and quell the the attainder of the Earl of Lancaster, because insurrection. The jurisdiction'claimed is'much he could have been tried by the courts of the,more' extensive. The necessities of the serviceI reahl,' and declared "that in time of peace no 216 POLITICAt MAN:UA. man ought to be adjudged to death for. treason ther.broght suit against Borden, and the ques. or. any other offence without being arraigned tionwas,whether, under the constitution and and held to answer, and, that regularly when the lawsofthe State, Borden.wasjustified. This king's courts are open it'is a time of peace in court held that a State "may use its military judgment of law," down to the present day, power to put down an armed insurrection too martial law, as claimed in this case, has been strong to be controlled by the civil author. condemned by all respectable English jurists as ity,"and if the Legislature of Rhode Island contrary to the fundamental laws of the land, thought the peril so great as to require the us and subversive of the liberty of the.subject. of its militar forces and the declaration ofmarDuring the present century, an instructive tial law, there was no ground on which this debate on this question occurred in Parliament, court could question its authority, and as Borden occasioned by the trial and conviction by court actedorders ofthe charter gov martial at Demarara of the Rev. John Smith, a erminent, which had been recognized by the po-'missionary. to the n egroes, on the callegedgroun d liiwas upheld by of aidingsand abetting a formidable rebellion in the State judiciary, he was justified in breaking that colony. Those eminent statesmen, Lord into and entering Luther's house. This is the Brougham and Sir James Macintosh, partici- extentofthedecision. There was no question pated in that debate, and denounced the trial as in issue about the power of declaring martial illegal, because it did not appear that the courts law under the Federal Constitution, and the of law in Demarara could not'try offences,'and court did not consider necessary even to inquire that "when the laws can act every other mode "to what extent nor under what circumstances of.punishing, supposed crimes is itself an enor- that power may be exercised by a State." mous crime.' We do not deem it important toexamine furSo sensitive were our Revolutionary fathers' ther the adjudged cases; and shall, therefore, on this subject, although Boston was almost in conclude without any additional reference to a state of siege when General Gage issued his authorities. To the third question, then, on proclamation of martial law, they spoke of it as which the judges below were opposed in opinan "attempt to supersede the course of the c - ion, an answer in th eative must beretrned mon law, and instead thereof to publish and It is proper to say, although Milligan's trial order the use of martial law.".The Virginia and conviction by a military commission was Assembly also denounced a similar measure on illegal, yet, if guilty of the crimes imputed to the part of Governor Dunmore " as an assumed by ai power, which the king himself cannot exercise, established court and impartial jury, he deserved because it annuls the law of the land and intro- severe punishment. Open resistance to measures duces the manost execrable of all systenis, martial deemed necessary to subdue a great rebellion by law." those who enjoy the protection of government, In some parts of the country, during the war. and have not the excuse even of prejudice of of 1812, our officers made arbitrary arrests, and section to -plead in their favor, is wicked; but by military tribunals tried citizens who wre not that resistance becomes an.. enormous crime in the military service'. These arrests and trials, when it assumes the form of a secret political when brought to the notice of the courts, were organization armed to oppose the laws, and seeks uniformly condemned as illegal. The cases of by stealthy means to introduce the enemies of Smith vs. Shaw, and McConnell' vs. Hampton, the country into peaceful communities, there to (reported in 12 Johnson,) are illustrations which light the torch of civil war, and thus overthrow wecite, not only for the principles they deter- the power of the United States. Conspiracies mine, but on account of the distinguished jurists like these, at such a juncture, are extremely concerned in the decisions, one of whom formany perilous; and those concerned in them are danyears occupied a seat on this bench..gerous enemies to their country, and should re-.It is contended that Luther vs. Borden, de- ceive the heaviest penalties of the law, as an excided by this court, is an authority for the claim ample to deter others from similar criminal conof martial law advanced in this case.. The de- duct. It is said the severity' of the laws caused cision is misapprehended. That7 case grew out them.; but Congress was obliged to enact severe of the attempt in Rhode Island, to supersede the laws to meet the crisis; and as our highest ciail old colonial government by' a revolutionary duty is to serve our country, when in danger, proceeding. Rhode Island at that period had the late war has proved that rigorous laws, when no other form of local government than the char- necessary, will be cheerfully oeyed by a patritoy granted by King. Charles II in 1663, and as otic people, struggling to preserve the rich blessthat limited the. right of'suffrage, and did not ings of a free government. provide for its own amendment, many citizens The two remaining questions in this case must became dissatisfied because the Legislature would, be answered in the affirmative. The suspension not* afford the relief in their power, and without of the privilege of the writ of habeas corpus does the authority of law' formed a new and inde- not suspend the writ itself. The writ issues as a pencleut constitution, and proceeded to assert its matter of course; and on the return made to it, authority by force of arms. The old goverD^- the court decides whether the party applying is ment resisted this, and as the'rebellion was for1 denied the right of proceeding any further.with midable, called out' the militia to subdue it, and it. passed an act declaring martial law. If the military trial of Milligan was contrary. Borden, in the military service of the old gov- to law, then he was entitled on the facts stated ernmient, broke open the house of Luth6r, who in his petition,. to be discharged from custody by supported the new in order' to arrest him.'Lu- the'terms of the act of Congreess of March 3,"1863, JUDICIAL OPINIONS. 217 The provisions of this law having been consid- tence, sanctioned by this Court of last resort, ered in a previous part of this opinion, we will than that he should be punished at all. The not restate the vie-s there presented. Milligan laws which protect the liberties of the whole.avers he was 4 citizen of Indiana, not in the mil- people muist not be violated or set aside in order itary or naval service, and was detained in close to inflict even upon the guilty, unauthorized, confinement, by order of the President, from the though merited justice. 5th day of October, 1864, until -the 2d day' of The trial and sentence of Milligan were by January, 1865, when the circuit court for the military commission convened in Indiana during district of Indiana, with a grand jury, convened the fall of 1864. The action of the commission in session at Indianapolis, and afterwards, on the had been under consideration by President Lin27th day of the same month, adjourned Without coln for some time, when he himself became the finding an indictment or presentment against victim of an abhorred conspiracy. It wasaphim. If these averments were true, (and their proved by his successor in May, 1865, and the truth is conceded for the purposes of this cas'e,) sentence was ordered to be carried into executhe court was required to liberate him on taking tion. The proceedings, therefore, had the fullest certain oaths prescribed by the law, and enter- sanction of the executive department of the Goving intorecognizance for his good behavior. But ernminent. it. is insisted that Milligan was a prisoner of war, This sanction requires tje most respectful and and, therefore, excluded from the privileges of the most careful consideraln of this Court. The the statute. It is not easy to see how'he can be' sentence which it supports must not be set aside treated a soner of'war, when he lived in except upon the clearest conviction that it canIndiana for the past twenty years, was arrested not be reconciled with the Constitution and the there, and had not been, during the late troubles, constitutional legislation of Congress. a resident of any of the States in rebellion. If, We must inquire, then, what constitutional or in Ingliana, he conspired with bad men to assist statutory provisions have relation to this milithe enemy, he is punishable for it in the courts tary proceeding. of Indiana; but, when tried for the offence, he The act of Congress of March 3d,'1863, comcannot plead the rights of war, for he was not prises all the legislation which seems to equire engaged in legal acts of hostility against the consideration in this connection. The constituGovernment, and only such persons, when cap- tionality of this act has not been questioned, and tured, ar.prisoners of war. If he cannot enjoy is not doubted. the, immunities attaching to the character of a The first section authorized the suspension prisoner of war, how can he be subject' to their during the rebellion of the writ of habeas corpus pains and penalties? throughout the United StatesbythePresident. This case, as well as the kindred cases of Bowles The two next sections limited this authority in and Horsey, were disposed ofat the last term, and important respects. the proper orders were entered of record. There' The second section required that lists of all is, therefore, no additional entry required. persons, being citizens of States in which the DissENTiNa OPINION. administration of the laws had continued-unimMr. Chief Justice CHASE delivered the follow- paired in the. Federal courts, who were then held ing opinion:' or might thereafter be held as prisoners of the'Four members of the court concurring with United States, under the authority of the Presitheir brethren in the order heretofore made in dent, otherwise than as prisoners of war, should this cause, but unable to concur in some, impor-' be furnished to the judges of the circuit and distant particulars with the opinion which has just -trict courts. The lists transmitted to the judges been read, think it their duty to make a separate'were to contain the names of all persons residing statement of their views'of'the whole case. within'their respecti'v'j- urisdictions, charged We do not doubt that the circuit court for the with violation of'natiota1(law. And it was redistrict of Indiana had jurisdiction of the peti- quired, in cases where the grand jury in attendtion of Milligan for the writ of habeas corpus. ance upon any of these courts should terminate Whether this Court has jurisdiction upon the its session without proceeding by indictment or certificate of division admits of more question. otherwise. against any prisoner named in the The construction of the act authorizing such cer- list, that the judge of the court should forthwith tificates which has hitherto prevailed here, de-, make an order that such prisoner, desiringa disnies jurisdiction in cases where the certificate charge, should be brought before'him or the brings up the whole cause before the' court- But court to' be' discharged, on entering into recogniznone of the' adjudicated cases are exacAy in ance, if required, to keep.the peace and for good' point, and we are willing to resolve whatever behavior, or' to appear, as the court miay direct, doubt may exist in favor of^ th'e earliest possible to be further dealt with according to law. Every answers to -questions involving life and liberty.- officer of the United. States, having custody of We agree, therefore, that this Court'may prop- such prisoners, was required to obey and execute' erly answer questions certified in such a case the judge's order, under penalty, for refusal or as that before us. delay, of fine and imprisonment. The crimes with'which Milligan was charged. The third Section provided, in case lists of perwere of the gravest character, and'the petition sons other than prisoners of war then held in and exhibits in theirecord, which must here be confinement, or thereafter arrested, should not taken as true, admit, his guilt,. But. whatever-'be furnished within twenty'days'after! the pashis desert of punishment may be, it is more im- sage of tho act, or, in cases of'-subsequent arrest, portant to the -country and to every citizen that within twenty days after -the timd of arrest, that he should not be punished under an illegal sen- any citizen, after the termination of a session of 218 POLITICAL MANUAL. the grand jury without indictment or present- nor district judge or court could make. such an m6nt, might, by petition alleging the facts, and order. But under those circumstances the writ verified by oath, obtain the judge's order of dis- musonment charge in favor of any person so imprisoned, on directed by the act must be afforded. The comthe terms and conditions prescribed in the second mands of the act were positive, and left no dissection. cretio. to court or judge. It was made the duty of the district attorney An affirmativ- answer must, therefore, be given of the United States to attend examinations on to the second question, namely Ought Milligaa petitions for discharged according to the prayer of the It was.under this act that Milligan petitioned petition? the circuit court for the district'of Indiana forhird question, namely, Had the discharge from imprisonment. military commission in Indiana, under the facts The holding of the circuit and' district courts stated,jurisdiction to try and sentence Milligan? of the United States in Indiana.had been unin- must be answered negatively, is an unavoidable terr,upted. The administration of the laws in the inference rom affirmative answers to the other Federal courts had remained' uninipaired,' Milli-.two. gan was imprisoned underthe authority of the The military commission could not have jurisPresident, and was not a prisoner of war. No diction to try and sentence Milligan, if he could list of prisoners had ien furnished to thejudges. not be detained in prison under his original areither of the district o circuit courts, as required' restor under sentence, after the close of a session by the law. A grand jury had attended the of the grand jury, without indictment or other circuit courts of the Indiana districtwhile.'Milli-: proceedings against him. gan was there imprisoned, and had closed its ses- Indeed, the act seems to have beenframed on sion without finding any indictment or present- purpose to secure the trial of all offences of citiment, or otherwise proceeding against the pris- zens by civil tribunals in States where these oner. tr nals werenotinterruptedin.the regular His case was —thus brought within'the, precise exercise of their unctions. letter and intent of the act of Congress, unless Under it, in such States, the privilege of the it can be said' that Milligan was not imprisoned writ might supended. Any person regarded by authority of' the President, and. nothing of as dangerous to the public safety might e arthis sort was claimed in argument on the part of restter he session of a the Government.. grand jury. Until after such session -no person the Government. gr d It is clear upon this statement that the cir- arrested could have the benefit'of the writ, and cuit court was bound to hear Milligan's petition even then no such person could e discharged, for the writ of habeas corpus, called in the act except on such terms as to future appearance as an order to bring the prisoner before the judge,the court might impose. These provisions obor the court, and to issue the writ, or, in the lan- viously contemplate no other trial or senten-ce guage of the act, to make the order. than that of a civil court, and we could not asThe first question therefore-Ought the writ serit the legality of a trial and sentence by a to issue?-must be answered in the affirmative, military commission, under' the circumstances;And it is equally clear that he was entitled specified in the act and described in tho petition, to the discharge prayed for.' without disregarding the plain directions of ConIt must be borne in mind that the prayer of gress. the petition was not for an absolute- discharge,.We agree, therefore, that the two first quesbut to be delivered from "military custody and. tions certified must receive affirmative answers, imprisonment, and if found probably guilty of' and the last a negative. We do not doubt that a~ny offence, to be turned.ver to the.proper tri- the positive provisions of the act of Congres bunal for inquiry and -punishment'; or, if not require such answers. We do not think it n'ecesfound thus probably guilty, to be discharged al- sary to look beyond these provisions. In them together.. we find, sufficient and controlling reasons for our And the express terms of the act of Congress conclusions. required this action of the court. The prisoner But the opinion which has just been read goes must be discharged 6xr giving such recognizance further, and, as we understand' it, asserts not asthe court should require, not only for good only that thb military commission held in Indibehavior, but for appearance, as directed by ana was not authorized by Congress, but that it the court, to answer and be further dealt with was not in the. power of Congress to authorize it, according to law. from hich it may be thought to follow that The first section of the act authorized the sus-'Congress has no power to indemnify the officers pension of the writ of habeas corpus generally who composed the commission against liability throughout the.United States. The second and in civil courts for acting as members of it. third sections limited this suspension in certain We cannot agree to this. cases within States where the administration of We agree in the proposition that no departJusticeby the Federal courts remained unimpair- ment of the Government of the United Statesed. In these cases the writ was still to issue, and neither President nor Congress'nor the courts tinder it the prisoner was entitled to his discharge -possess any power not given by the Constituby a circuit or district judge or court, unless held tion. to bail for appearance to answer charges. No We assent fully to all that is said in the opinother judge or court could make an order of dis- ion of the inestimable value of trial by jury and charge under the writ. Except under the cir- of the other constitutional safeguards of civil cumstances pointed out by the act, neither circuit liberty; and we concur also in what is, said, bf JUDICIAL OPINIONS. 219 the writ of habeas corpus ancdof its suspension, stands as tbhe fifth-amendment of the Constituwith two reservations: (L.) That,.in our judg- tion. We cannot doubt that this amendment ment, when the writ is suspended, the Execu- was intended to have the same force and effect tive is authorized to arrest as well as to detain; as the amendment proposed by the States. We and, (2,) that there are casesinwhich the priv- cannot agree to a construction which will imilege of the writ being suspended,.trial and pun- pose on the eiception in the fifth amendment a ishient by military commission, in States where sense other than that. obviously indicated by accivil ourts are open, may be authorized by'Con- tion of the State conventions. gross, as well as arrest and detention. We think We think, therefore, that the power of Conthat Congress had power, though not. exercised, gress in the government of the land and naval to authorize the military commission which was forces and of the militia, is not at all affected by held in, Indiana., the fifth or any other amendment. It is not. neWe do not think it necessary to discssat large cessary to attempt any precise definition of the the grounds of our conclusions. We will briefly boundaries of this power.. But may it not be indicate some of them... said that government includes protection and The.Constitution itself provides for military defence as well as the regulation of internal adgovernment as well as for civil government and ministration? And is it. impossible to imagine we do not understand it to be claimed that.the cases in which citizens conspiring or attempting civilsafeguards of. the Constitution haye appli- the destruction or great'4jury of the national tion in cases within the proper sphee of the forces mnay be subjected by Congress to military former,. trial and punishment in the just exercise of this What, then, is that proper sphere? Congress undoubted constitutional power? Congress is has power to raise and support armies; topro- but the agent of the nation, and does not the vide and maintain a navy; teo make rules for the security of individuals against the abuse of this,,government rargulation of the land and naval as of every other power,'depend on the intelforces, and to provide for governing such part of ligence and virtue of the; people, on their zeal the militia as may be in the service of the [ni- for public and private liberty, upon official reted States.. sponsibility secured by law, and upon the freIt is not denied that the power to make rules quency'of elections, rather than upon doubtful for the government of the army'and navy is constructions of legislative powers? a power to provide for trial and punishment by But we do not put. our opinion, that Congress military courts without a jury. It has been so might authorize.such a military coxnmission as ~understood and -exercised from the adoption of was held in Indiana, upon the power to provide the Constitution to the present time. for, the government of the national forces. Nor, in our judgment, does the'fifth or any Congress has the power not only to raise and other amendment abridge that power. "Cases support and govern armies, but to declare war. arising in the land and naval forces, or in the It has, therefore, the power to provide by law pifitia in actual service in time'of war or public for carrying on war. This power necessarily danger,' are expressly excepted, from the fifth extends to all legislation essential to the proseamendment, "that no person shall be held to cution of war with vigoy and success, except such answer for a capital or otherwise infamous crime as interferes with the command of the forces and unless on a presentment or indictment of a grand the conduct of campaigns. That power and duty jury," and it is admitted that the exception ap- belong to the President as Commander-in-Chief. plies to the other amendments as well as to the Both these powers are derived from the Constififth. tution, but neither is defined by that instruNow we understand this exception to have the ment. Thoir extent must be determined by their same import and effect as if the powers of, Con- nature, by the laws of nations, and by the pringress in relation to the government of the army ciples ofour institutions. a-nd navy and the militia had been recited in the The power to make the necessary laws is in amendment, and cases within those powers had Congress; the power to execute, in the President. been expressly excepted from its operation. The Both powers imply many subordinate and aux$tates, most jealous of encroachments upon the iliary powers. Each includes all authorities liberties of the citizen when proposing addi- essential to its due exercise. But neither can the iional safeguards in the form of amendments, President, in war more than in peace, intrude excluded specifically fr~m their effect cases aris- upon the proper authority of Congress' nor Coning in' the' government of the land and na-val gross upon the proper authority of the President, forces. Thus Massachusetts proposed that "no Both are servants of the people, whose will is person shall be tried for any crime by which he expressed in the fundamental law. Congress would incur an infamous punishment or loss of cannot direct the conduct of campaigns, nor can life until he be first indicted' by a grand jury-, the President, or any'commander under him,'except in such cases as, may arise in the govern- without the sanction of, Congress, institute tiri-.ment and regulation of the land forces." The bunals for the trial and punishment of offences,,exception in similar. amendments proposed by either of soldiers or civilians, unless in cases of New York, Maryland, and Virginia, was in the a controlling.necessity, which justifies what it same or equivalent terms. The amendments pro- compels, or at least ensures acts of indemnity.posed by the States were considered by the First from the justice of the Legislature. Congress, and such as were approved in sub- We by no means assert that Congress can esstance were put in, form, and proposed. by that tablish and apply the laws of war where no war body to the States. Among those thus proposed, has been declared or exists. anrd.subsecuently ratified, was that which now Where peace exists the laws of peace must 220 POLITICAL MANUAL. prevail. What we do maintain is, that when the States, within American jurisdiction, which is nation is involved in war, and some portions of not contained in or derived from the Constituthe country are invaded, and all. are exposed to tion. And wherever our army or navy may go, invasion, it is within the power of Congress to beyond our territorial limits, neither c determine in what States or districts such great beyond the authority of the President and imminent public.danger exists, as justifies legislation of Congress. the authorization of military tribunals for the There are under the Constitution three kinds'trial of crimes and offences'against the discipline of military jurisdiction-one to be exercised both or.security of the army, or against the public'in peace and war; another to be exercised in safety. time of foreign war without the boundaries of In Indiana, for example, at the time of the theUnited'States, or in time of rebellion and arrest of Milligan and. his co-conspirators, it i~ civil war within States or districts occupied by established by the papers in the record;' that the rebels.treated as belligerents; and a third to bo State was a military district, was the theatre of exercised in time of invasion or insurrection military operations, had been actually invaded, within the limits of the United States, or during and was constantly-threatened with invasion. It rebellion within the limits of States maintaining appears,' also, that a powerful secret associat ion to the National Government, whena'th composed of citizens'and'others, existed within public danger requires it exercise. The first the State, under milita'y orgatization, conspiring of these may be called jurisdiction under MILIagainst the draft, and plotting insurrection, the TARY is found in acts of Congress pre liberation of the prisoners of war at' various scribing rules and articles of war, or otherwise depots, the seizure of the:State and national ar- providing for the overt(t of the national senals, armed co-operation with the enemy, and forces; the second may be distinguished as MILIwar against the National Government. TARY GOVERNMENT,-superseding, as far as may We cannot doubt that, in such a time of public be deemedexpedient, the local law, and exrcis danger, Congress had power, under the' Consti- bythemilitarycommander under the direction tution,' to provide for the organization of a mili- ofd tary commission, and for trial by that commission sanction of Congress; while the third may be of persons engaged in this conspiracy. The fact denominatedMARTIA LAW PROPER, and is called that the Federal courts were open was regarded into action b Congress, or temporarily, when by Congress as a sufficient reason for, not exer- the rising the power; but'that fact could not deprive thecaseofjustifyingor e sing peril, by the Congress of the right to exercise it.. Those courts President, in times of insurrection or invasion, might be open and undisturbed in the execution or of civil or foreign war ithin districts or of their functions, and yet wholly incompetent localities where ordinary law.no longer adequateto avert threatened danger, or to punish, with ly secures public safety. and private rights. adequate~prorptitude and certainty, the guilty We think that the power of Congress, in such conspirators. times and in such localities, to authorize trials Ii Indiana the judges and officers of the courts for crimes'against the'security and safety of the were loyal' to the Government. But'it might national forces, may' be derived from its constihave been otherwise. In times of rebellion and tutional authority to raise and support armies civil war it may often happen, indeed, that and to. declare war, if not from its constitutional judges and marshals will be in active sympathy authority to provide for governing the national with the-rebels, and courts their most efficient forces. allies. We have no apprehension that this power, unWe have confined ourselves to the question of der our American' system of government', in power. It was for Congress to determine the which all official authority is derived from the question of expediency.' And Congress did de- people, and exercised under direct responsibility termineit. That body did not see fit to authorize to the people, is more likely to be abused than trials by military commission in Indiana, but by the power to regulate commerce or the power to the strongest implication' prohibited them. With borrow money. And we are unwilling to give that prohibition we are'satisfied, and should have our assent by silence to expressions of opinion remained silent if the answers to the questions which seem to us calculated, though not intended, certified had been put on that ground, without to cripple the constitutional powers of the Govdenial of the existence of a ower which we ernment, and to augment the public dangers in believe to be constitutional and important to the times of invasion and rebellion. public safety-a denial which, as w'e have already Mr. Justice Wayne, Mr. Justice Swayne, and suggested, seems to draw in question the power Mr. Justice Miller concur with me in these views, of Congress to protect from prosecution the members of military commissions who acted'in obedi- On the Missouri Constitutional Test Oath of Loyence'to their superior officers,, and whose action, alty, January 14, 1867. whether warranted by law or not, was approved Mr. Justice' FIELD delivered the opinion of the by that upright and patriotic President under Court in the case of John A. Cummings vs. The whose'administration the R6public was rescued State of Missouri., from threatened destruction. This case comes before us on a writ of error to We -have thus far said little of' martial law, the supreme court of Missouri, and involves a nor do we propose to say much'. What we have consideration of the test oAth imposed by the already said sufficiently indicates' our opinion constitution of that State. The plaintiff in error that there is no law'for the government of the is a priest of the Roman Catholic Church, and citizens, the armies, or the navy.of the United was indicted and convicted, in one of the circuit JUDICTAL OPINIONS. 221 courts of that State, of the crime of teaching and all the past from this day, and if taken years preaching as a priest and minister of that relig- hence, it will also cover all the inter'vening peious denomination, withount -having first taken riod..In its retrospective feature, it is peculiar the oath, and was sentenced to pay a fin of $500, to this country. In England and France there and to be committed to jail until "the same was have been test oaths, but they have always been paid. On appeal to the supreme court of- the'limited to an affirmation of present:belief or State, the Judgmen~t.was affirmed.' present disposition towards the Government, and The oath prescribed by the constitution, di- were never exacted with reference to particular vided.into its separable -parts embracesmore instances of past misconduct. In the second than thirty distinct affirmationsrtests.Some place, the oath is directed not merely against of the acts against' which.it-is directed constitute overt and visible acts of hostility to the Governoffences bf the highest grade, to-which, upon ment, but is intended to reach words, desires, conviction, heavy penalties are attach6d. Some and sympathies also; and, in the third place, it of the acts have; never been classed'as offences allows no distinction between- acts springing from in th laws of any- State, and -some of the acts malignant enmity and acts which may have been under many circumstances would not -even be prompted by charity or affection or relationship. bameworthy. It requires the affiant to, deny If one has ever expressed sympathy.with any who not only that he has ever been in armedhostil- were drawn into the rebellion, even if the reity to the United States or the lawful authori- cipients of that sympathy were connected by the ties thereof, but, among other'things,- that he' closest ties, of.blood, he is as: unable to subscribe has ever, " by act or word," manifested his adhe- to the oath as the most active and most cruel of nce to the cause of the enemiesf th United rebels, and is equally debarred from the offices States, foreign or domestic, or his de'sire fortheir of honor and trust and: the positions and employtriumph over the arms of the United States, or ments specified. his sympathy with those engaged in.x rebellion-, But, as it was observed by the learned counor thlat he has ever harbored or aided any per- sel who appeared on b6half of the State of Misson engaged in guerrilla warfare against the loyal' souri, this Court cannot decide this case upon the inhabitants of the United States, or has ev~er en-l justice or hardship of these provisions. Its duty tered or left the State for the purpose of avoid- is, to determine whether they are in conflict with ing enrollment or draft in the military service the Constitution of the -United States. On beof the Un11ited States, or to escape the perform- half of Missouri,it is urged that these provisions ance of duty in the militia of the Uni'ted States, only prescribe a qualification for holding certain or has ever indicated in any terms his ditaffection offices and practicing certain callings, and are to the Government of the United States in its therefore within the power of the State to adopt. contest ~ with' rebellion. On the other hand, it'is contended that these Every person who is unable to take this oath provisions are in conflict with that clause of the is declared incapable of holding'in the State Constitution which forbids.any State to pass a "any office of honor, trust, or profit under its bill of attainder or ex post facto law. authority, or of being an officer, counselor, di- We admit the propositions of the counsel for rector, or trustee, or other manager of any incor- Missouri, that the States which existed previous poration; public or private, now existing or here- to the adoption of.the Federal Constitution posafter established by its authority, or of acting as sessed originally all the attributes of sovereignty; a profdisor or teacher in any educational institu- that they still retain those attributes, except as tion or in any common or other' school, or of they have been sutrendered by the formation of holding any real estate or other property in trust the Constitution and the amendments thereto; for the use of any church, religious society, or that the new States, upon their admission into congregation.". And every persort holding any the Union, became invested with equal rights, of. the offices, trusts, or positions mentioned, at and were thereafter subject only to similar rethe time the constitution takes effect, is re- strictions; and that among the rights reserved quired'within sixty days thereafter to take the to the States is the. right of each State to deteroa6th, and if he fail to comply with this require- mine the qualifications for office, and the coninent, it is declared that his office, trust, or posi- ditions upon which its citizens may exercise tion shall ipso facto become vacant. And no their various callings an'd pursuits within its person after the expiration of the sixty days is jurisdiction. These are general propositions, permitted, without taking the oath, "to practice and involve principles of the highest moment. as' an attorney or counselor at law, nor, after But it by no means follows that under the form that period, can any person be' competent as a of creating a. qualification or attaching a condibishop, priest, deacon, minister, elder, or other tion, the States can in effect inflict a punishment clorgyman of any religious persuasion, sect, or for a past act whkh was not punishable at the denomination, to teach or preach or solemnize time it was committed. The question is' not as marriage." Fine and imprisonment'are prescribed to the existence of the power of theState over as a punishment for holding or exercising any of matters'of internal police, but whether that the offices, positions, trusts, professions or-func- power has been made in the present case an intions specified without having taken the' oath, strument for the infliction of punishment against and false swearing or affirmation to the oath is the inhibition of the Constitution. declared to be perjury,'and punishable by im- Qualifications' relate to the fitness or capacity prisonment in the penitentiary. of the party for a particularpursuit or profession. "The oath thus required is without any prece- Webster defines the term to mean "any natural dent that we can discover, for its severity., In endowment or any acquirement which fits a the first place, it is retrospective.'it embraces. person for a place, office, or employment, or 222 POLITICAL MANUAL. enables him to sustain any cliaracter with suc- place of trust, and for the second hewas rendered cess." It is evident from the nature of the pur- incapable of bringingany.action, being guardian, suits and professions. of the parties placed under executor, legatee, or purchaser oflands,beside disabilities by the constitution of Missouri, that being subjected to imprisonment without' baiL the acts from the taint of which they must purge By statute 2 George I, contempts against the themselves have no possible relation totheir fit- kings title were punishedby incapacity o hold ness for those pursuits and professfice or place of trust, to prosecut any can be no connectio.i between the fact that Mr. suit, to be guardian or execdtor, to take any legCummings entered or left the State of Missouri acy to avoid enrollment or draft in the military ser- for membersof Parliament, aid also by forfeiture vice. of the United States, and his fitness to teach of ~500 to any one who would sue for the same. the doctrines or administer the sacraments of Some punishments, says Blackstone, "conhis church. Nor can a: fact of this kind, or the sistinexileorbanishment-byabjurationofthe expression of words of sympathy with persons realm or transportation: othersinlossofliberty, drawn into the rebellion, constitute.any evidence by perpetual or temporary imprisonment. of the unfitness of the attorneyv or counselor to extendtoconfiscation by forfeitre of lands or practice his profession, or of the -professor to movables, or both,.orof the profits of lands for teach the ordinary branches of education, or of life. Others induce a disability of holding office the want of business knowledge or business oremployments,beingheirsandexecutors, and capacity in the manager of a corporation, or in the Among the Romans loss of theprivits directors or trustees.. It is manifest, upon the ilegeof membership of the family or of citizensimple statement of the acts and the professions ship were punishments inflicted byherlaws. In and pursuits, that there is no such relation be- France, deprivation or suspension of civil rights, tween them as to render a denial of. the commishments prescribed sion of the acts at all appropriate as a condition by her code, and among civil rights are included of allowing the exercise of: the professions and the right of voting, of eligibility to office, of pursuits. The oath-could:;-not, therefore, have takingpartinfamilycouncils ofbeing'gua.rdia been required as. a means.of ascertaining whether and trustee, of bearing arms, or being employed parties were qualified or not for their respective in a school or seminary of learning callings or the trusts with w8lich they are The theory upon which our political institucharged. It was required in order to reach the tions rest is, that all men have certain inalienaperson,,not the calling. It was exacted not blerights; that among these are life, liberty from:any notion that the acts designated idi- anand th cated unfitness for the calling, but because the pursuit of happiness all avocations, all honors, acts were thought to deserve punishment, and all positions, are alike open to every one, and there was no way to.punish the persons who that in the protection of these rights all are had committed them' but. by depriving them of equal before the law. Any deprivation or sussome of the rights andprivileges of the citizen, pension of. any of these rights for past conduct The disabilities created by the constitution of or acts is punishment, and can in -no otherwise Missouri must be regarded as penalties. They be defined. constitute punishment. We do" not agree with Punishment not being therefore restricted, as the counsel of Missouri that "to punish one is to contended by counsel, to the deprivation of life, deprive him of life, liberty, or property, and that liberty, or property, but also embracing depriP to take from him a'nything less than these is no vation or suspension of political or civil rights, punishment at all." The learned counsel does and the disabilities prescribed by the provisions not use these terms'' life, liberty, and property," of the Missouri constitution being in effect punas comprehending everyright known to the law. ishment, we proceed to consider whether there is He does not include under "liberty " freedom any inhibition in the' Constitution of the United from' outrage on the feelings as well as restraints States against their enforcement. on the person. - He does not include under The counsel from Missouri closed' his argument "property" those estates which one may acquire in this case by presenting a striking picture of in professions, though they are often the source the struggle for ascendency in that State during of the highest emoluments and honors, the recent rebellion between the friends and the The deprivation of any rights, civil/or politi- enemies of.the Union, and of the fierce passions cal may be punishment, the circumstances at- which that struggle aroused. It was in the midst tending and the causes of deprivation' determin- of the struggle that the present constitution was ing this fact. Disqualification from office may framed, althotigh it was 4it adopted by the peobe punishment, as in ca-ses of conviction upon pie until the war had ceased. It would have impeachment. Disqualificationa rom the pursuit been strange, therefore, had it not exhibited in of a lawful avocation. or from p6sitions of trust, its provisions some traces of the excitement amid or from the privilege of appearing in the courts, which the convention held its deliberations. It or: acting as executor, administrator, or-guardian, wvas against the excited action of the States, may also, and often has-been, imposed as pun- Tinder such influences as these, that the framers ishment. By the statute of 9 and 10 William of the Federal Constitution inte.nded to guard. III-, if any petson educated in or having made In' Fletcher vs. Peck, Mr. Chief Justice Marshall, a profession of the. Christian religion did, by speaking of such action, uses this language: writing, printing, teaching, or advised speaking, "Whatever respect mighthave been felt for the State sovdeny the truth of the religion or the Divine au- ereignties, it is not to be disguised that the framers of. the thority of theo Scripthreshe'wasfor the first! Constitution viewed, with sooiO aperelhcnsion. the violeut thofety O the d cinptures He wh anyor, me oir an th mith grow out of the'feeliiy of the momenuf offence rende'red incapable to hold aany office or Vj and thatthe-people of the United States, in aciopting that JUDICIAL OPINIONS. 223 instrument, have manifested a detcrminationto shield them- or trial by jury." If the clauses of the third selves and their property from the effects of those sudden articl of th constituin of Missouri, t whic tdea article of the constitution of Missouri, to which and strong passions to which men are exposed.. -To restrictionson the legislative powerofthetats areobiously we have referred, had in terms declared that founded in this sentiment; and the onstitutionof the Mr. Cummings was guilty, or should be held United States contains what may. be deemed a bilt of rights., h bot fo guilty, of having been in.armed hostility to "No State shall pass any bill of attainder, ex postfacto the United States, or of having entered that law, or law impairing te obligation of contracts.' State to avoid being enrolled or drafted into the A ill of attainder is a. legislative act which military service, and thereafter should be deinflicts".punishment without, a judicial trial. If prived of the right'to preach as a priest of the the punishment be'less than, death the act is Catholic Church or to teach in any institution of termed a bill of pains and penalties: Within learning, there would be no question but that the meaning'of the Constitution bills of attain- the clauses would constitute a bill of attainder der include bills of pains and penalties. In these within the meaning of the Federal Constitution. cases the legislative body in addition to its le- If these clauses, instead'of mentioning his name,. gitiiate functions, exercises the poLwers and of- had declared that priests and clergymen within' ce ofjudge. It assume's, in the lagua'ge of the the State of Missouri were guilty of these acts, text ooks, judicial magistracy. It pronounces or should be held guilty of them, and hence ~upon the guilt of the parties without any of the should be subjected to the like deprivation, the forms or safeguards of trial. It determines the clauses would be equally open to objection. sufficiency of the proofs produced, whether con- And further, if these clauses had declared that formable to the rules of evidence orotherwise. all such priests and clergymen should be held It fixes the degree of punishment inaccordance guilty, and -be'thus deprived, provided they did vh its own notion of'the enormity of the of~-, not by a day designated do certain specified acts, fe'ce. "Bills of this sort," says Mr., Justice they would be no less within the inhibition of Story,"have been usually passed~ in England in the Federal Constitution. times of rebellion, or gross subserviency to the In all these cases there would be the legislaperi- tive enactment creatig the deprivation, Withot crown, or of violent political excitement-pen- tive enactment creatig the deprivation, without ods in which all nationsare most liable as well any of the ordinary forms and guards provided the free as the enslaved, to forget their duties for the security of the citizen in the administraand trample upon the rights and liberties of tion of justice by the established tribunals. others." The results which would. follow from clauses These bills are generally directed against in- of the character mentioned do follow from the dividuals by name, but they may be directed clauses actually adopted. The difference between against a whole class. The bill, against the the last case supposed and the case actually preEarl of Kildare, passed in the reign of Henry sented is one of form only, and not of substance. VIII, enacted "that all snch persons' which be The existing claus-es presume the guilt of the or heretofore have been comforters, abettors, priests and clergymen, and adjudge the depripartakers, confederates or adherents of the said vation of their right to preach or' teach unless late Earl in his or their false and traitorous acts the presumption be first removed by their expurand purposes shall in likewise stand, be attainted, gatory oath. In other words, they assume the.adjudged and convicted of high treason, and that guilt and adjudge the punishment conditionally. the same attainder, judgment and conviction The clauses supposed differ only in that they dea gainst, the said comforters, aiders, abettors, un- clare the guilt, instead of assuming it. The dertakers, confederates, and adherents shall be deprivation is effected with equal certainty in as strong and effectual in the law against them the latter case as it would be in the former, but and every'one of them as though they and everyf not with equal directness. The purpose of the one of them had been specially, singularly, and law-maker in the.-case'supposed would be openly particularly named by theiri proper names in the avowed; in the case existing it is only disguised. said act." The legal result musthbe the same, for what canThese bills may inflict punishment absolutely not be done directly cannot be done indirectly. or may inflict it conditionally. The bill against The Constitution deals With substance, not shadthe Earl of Clarendon, passed in the reign of ows. Its inhibition was leveled at the thing, Charles II, enacted that the Earl should suffer not the name. It intended that the rights of' perpetual exile and be forever banished from the the citizen should be secured against deprivarealm, and that if he returned or was found in tionfor past conduct by legislative enactment, England,' or in any other of the king's domin- however disguised. If the inhibition can be ions after the first of February, 1667, he should avoided by the form of'the enactment, its inser-' sulffer the pains and penalties of treason, Vith a tion in the fulindamental law' was a vain and proviso, however, that if he surrendered himself'futile proceeding. before the said first day of February for trial, We proceed to consider the second clause of the penalties and disabilities declared should be what Mr. Chief Justice Marshall terms "a bill vYid and of no effect., of rights for the people of each State,!' the clause "A British act of Parliament," to cite the lan- which inhibits the passage of an expostfocto law. gusge of the supreme court of Kentucky, "might By an ex postfacto law' is meant-one which imdeclare that if certain individuals failed to do a poses a punishment for -an act which was not given act by a, named day they should be deemed punishable -at the time it was committed, or imto be and treated as convicted felons and trai- poses additional punishment to that then pretors, and the act would come precisely. within scribed, or changes the rules of evidence, by the definition of a bill of attainder, and the Eng- which less or different' testimony is required to ligh courts would enforce it without indictment convict than was then exacted.-' In Fletcher vs. 2.24 POLITICAL MANUAL. Peck, Mr. Chief Justice Marshall defined anex solute denial of the right under any condition, postfacto law to be "one which makes an act and such denial enforced for a past act is nothpunishable in a manner in which it was not pun- ing else than. punishment imposed for that act; ishable when it was committed." ".Such a law," it is a misapplication of terms'to call it anything said that e aminent jud.ge, "may inflict penalties'else. on the person, or may inflict pecuniary penalties Now, some of the acts'to which the epurga~whichswell the public treasury. The legisla- tory oath is directed were not offences at the ture is, then, prohibited from passing a law by time they were committed. It was no offence Vwh~h-a man's estate, or any part of it, shall be against any law to enter or leave the State of eeized for a crime which was'not declared by some Missouri for the purpose of avoiding enrollpreviouslawto render himliable to that punish- ment or draft in the military service, however menat. Why, then, should violence be done to much the evasion of such service might be the the natural meaning of the words for the pur- subject of moral censure. Clauses which prepose ofleaving to the Legislature the power of scribe a penalty for an act of this nature are seizing for public use the estate of an individual within the terms of the definition of an ex post in the form of a law annulling the title by which f'eto law. They impose a punishment for an he holds the estate? The Court can perceive no asct not punishable at the time it was committed. sufficient grounds for making this distinction. Some of the acts at which the oath is directed,The rescinding act would have the effect of an ex constituted high offences at the time they were law It forfeits the estate of Fletcher committed, to which, upon conviction, fine and for a crime not committed by himself, but by imprisonment or other heavy penalties were atthose from whom he purchased. This could not tached. The clauses which provide a further be, effected i the form of an expostfacto law penalty for these.acts are also Within the definior bill of attainder. Why, then, is it.allowable tion of an expostfacto law. They impose ad'iin the form of a law annulling the original grant?'tional punishment to that prescribed when the Theacttowhich reference is here made was act was committed. And this is not all. The one passed by the State of',Georgia repealing, a clauses in question subvert the presumptions of previous act under which land had been granted. innocence and alter the rules of evidence which The repealing act, divesting the title.of. the heretofore, under the universally recognized grantees, did not in terms define any crimes or, principles of the common law, have been supinflict any punishment or direct any judicial pro- posed to be fundamental and unchangeable. ceedin; yet, inasmuch as the Legislature was They assume that the parties are guilty they forbidden from passing any law by which a man's call upon the parties to show their innocence estate could be seized for a crime which was not and they declare that such innocence can be declared by some previous law to render him shown only in one way, by an inquisition in the liable to that punishment, the Chief Justice was form of an expurgatory oath into the consciences of opinion that the repealing act had the. effect of the parties. of an ex postfacto law, and w,as within the con- The objectionable character ofthese'clauses stitutional inhibition. will be more apparent if we put them in the Now, the clauses in the Missouri constitution ordinary form of a legislative act. Thus, if inwhich are the subject of consideration do not in stead of the general provisions in the Constituterms define any crime or declare that any pun- tion, the convention had provided as follows: ishment shall be inflicted, but they produce the' Be it enacted, that. all persons who have been same result upon the parties against whom they in armed hostility to the United States shall, are directed as though the crimes were defined upon conviction thereof, not only be punished as and the punishment declared. They assume the laws provided at the time the offences were ha't there are persons in Missouri who are guilty committed, but shall also be thereafter rendered of some of the acts designated. They would incapable 6f holding any of the offices, trusts, have no meaning in the constitution were not and positions, and of exercising any of the pursuch the fact. They are aimed at past a'cts, and suits mentioned in the third article of the connot future facts. They we'e intended to operate stitution of Missouri," no one could have any upon parties who, in some form or manner, by doubt of Rie nature of. the act. It would be an action or words, directly or indirectly, had aided ex post facto law, and void, for it would add a or countenanced the rebellion, or sympathized new punishment to an old offence. So, too, if with parties engaged'in the rebellion, or had en- the convention had -passed an enactment of a deavored to esoape the proper responsibilities and similar kind with reference to those acts which duties of a citizen in time of war. And they do not constitute offences. Thus, had it provided were intended to operate by depriving such per- as foll'ows: " Be it enacted, that all persons who sons of the right to hold certain offices and, trusts, have heretofore at any.time entered or left the and to pursue their ordinary and regular avoca- State of Missouri with intent to avoid enrollment tions.'This deprivation is punishment; nor is or draft in the military service of the United it any less so because a way is Opened for escape States,' shall, upon conviction thereof, be forever from it: the expurgatory oath. The frarhers rendered incapable of holding any office of honor,'of the constitution of Missouri knew at the, time trust, or profit in the United States, or of teachthat whole classes of individuals would be/unable ing in any seminary of learning, or of preaching to take the oath prescribed. To them there is no as a minister of the Gospel of any denomination, escape provided. To them the deprivation was or exercising any of the professions'or'pursuits intended to be and is absolute and perpetual. To mentioned in the third article of the Constitumake the enjoyment of a right dependent upon tion," there would be no question of the charan impossible condition is equivalent to an ab- acter of the enactment. It would be an expost JUDICIAL OPINIONS. 225 facto law, because it would impose apunish'- oath and demonstrates that it is not only a mode oent for an act not punishable at the time it was of inflicting punishment, but a mode in violation committed. of all the constitutional guaranties secured by the The provisions of the.constitution of Missouri Revolution of the rights and liberties of the peoaccomplish precisely what enactmensts like those ple: supposed would accomplish.'"They impose the "If we examine it.," (the measure requiring sameo penalty without the ormality of a judicial the oath,) said this great lawyer, "with an untrial and conviction, for the parties embraced by prejudiced eye, we must acknowledge not only the supposed enactments would be incapable of that it was an evasion of the treaty, but a sub-. taking the oath prescribed. To them its rlequire- version of one, great principle of social security, nments would be an impossible condition. Now, to wit, that every man shall be presumed innoas the State, had she attempted the course sup- cent until he is proved guilty. This was to inposed, would have failed, it must follow that any vert the order of things, and instead of obliging other mode producing the' same..-result mJust the State to prove the guilt in order to inflict the equally fail. The provisions of the Federal Con- penalty, it was to oblige the citizen to show his tituon intended to secure the liberty of the own innocence to avoid the penalty. It was to citizen cannot be evaded by the form in which excite scruples in the honest and conscientious, the ower of the State is exerted. If this be and to hold out a bribe to perjury." * * * not so,; if that which cannot be accomplished by " It was a mode of inquiring who had committed means looking directly to the end can be accom- any of those crimes to which the penalty of displished by indirect means, the inhibition may be qualification was annexed, with this aggravaevaded at pleasure. No- kind of, oppression can tion, that it deprived the citizen of the benefit be named against which the framers of the Con- of that advantage which he would have enjoyed stitution Tipposed they had guarded, which may by leaving, as in all other cases, the burden of not be. effected. Take the case supposed by proof upon the prosecution..To place this matcounsel, that of a man tried. for treason and ter in a still clearer light, let it be supposed that acquitted, or, if convicted, pardoned. iinstead of the mode of indictment and trial by Thelegislature then may. pass an act that if the juryv, the Legislature was to declare that every person thus acquitted or pardoned does not take citizen who did not swear that he had never adan oath that he never has committed the acts hered to the King of Great Britain should incur charted against him, he shall not be permitted all the penalties which our treason laws preto bold any office of honor or trust or profit, or scribe, would this not be a palpable evasion of pursue any avocation in the State. Take the case the treaty, and a direct infringement of the Conbfore us: The constitution of Missour'i excludes, stitution? The principle is the same in both on failure to take the oath we have described, a cases, with only this difference in the conselarge class of persons within her borders from quences, that in the'ins ance already acted upon numerous offices and pursuits. It wQuld have the citizen forfeits a, part of his rights, in the been-equally within the power of the State to one supposed, he would forfeit the whole. The have extended the exclusion so as-to deprive the degree of punishment is all that distinguishes parties wh6 were unable to take the oath from the cases. In either, justly considered, it is subany avocations whatever in the State.. Suppose, stituting a new and arbitrary mode of prosecuagain, in the progress of events, persons now in tion for that ancient and highly esteemed one the minority in the State should obtain the as- recognized by the laws and the constitution of cendency, and ^secure the control of the Govern — the. State-I mean thetrial by jury. ment; nothing could prevent, if the constitu- "Let us not forget. that the constitution detional prohibitioncan be evaded, the enactment dares that trial by jury in all cases in which it f a provision requiring every person, as a con- has been 1formeily used should remain inviolate dition of holding any office of honor or trust, forever, and that the legislature should at no or of pnrstting any avocation in the State, to time erect any new, jurisdiction which should take an oath that he had never advocated or not proceed according to the course of the comadvised or supported the imposition ofthe present mon law. Nothing can be more repugnant to expurgatory oath. Under this form of legislation the true genius of the common law than such an the most flagrant invasions ~.of private rights in inquisition as has been mentioned into the conperiods of excitement may be enacted, and indi- sciences of men." *. "If any oath with viduals, and even whole classes, may be deprived respect to past conduct. had been made the conof political and civil rights. dition on which individuals who have resided A question arose in New York, soon after the within the British lines should hold their estates, treaty of peac6 of 1783, upon a statute of that we'should immediately see that this proceeding State, wiich involved a discussion of the nature would be tyrannical and a violation of the and character of these expurgatory oaths when treaty; and yet, when the same oath is emused as a means of infliiting punishment. The ployed to divest that right.which ought to be subject was regarded as so important, and the deemed still more sacred, -many of us are so inrequirement of the oath such a violation of the fatuated as to overlook the. mischief. fundamental principles of civilliberty-and the "To say that the persons who will be affected rights of'the citizen, that it engaged the attention by it have previously forfeited their right, and of eminent lawyers and distinguished statesmen that therefore nothing is taken away from them ofthetimeandamongothersofAlexander Ham- is a begging of the question. How do we know ilton. -We will cite some passages of a paper left who. are the -parties in this situation? If it be by him on the subject, in which, with his char- answered this is the mode taken to ascertain it, A.oteristic fullness and ability, he examines the the objection returns, it is' an improper more2 15 .226 POLITICAL MANUAL. "because it puts the most essential interests of istration of an oath, in conformity with the act thie ctizen upon a worse footing than we should of Congress. be willing to tolerate where inferior interests In May, 1861, the State of Arkansas, of which are concerned, and because, if allowed, it sub- the petitioner was a citizen, passed an ordinance stitutes for the established and legal mode of of secession which purported to withdraw the investigatins"crimes and. inflicting forfeitures State from the Union, and afterwards, in the one that is'unk-nown to the constitution and re- same year, by another ordinance, attached herpugiant to the genius of our law." self to the so-called (,onfederate States, and by Similar views have frequently been expressed act of the Congress of that Confederacy she was the judiciary in cases involving analogous received as one of its members. The petitioner questions. They are presented with great force in followed the State and was one of her represent the matter of Dorsey, (7 Porter,) but we do not atives, first in the lower House, and afterwards deem it necessary to pursue the subject further. in the Senate, of the Congress of that ConfedThe judgment of- the supreme court of Missouri eracy, and was a member of the Senate at the must be reversed and the cause remanded, with time of the surrender of the Confederate forces directions to enter a judgment reversing the to the armies of the United States. judgment of the circuit court, and directing that In July, 1865, he received from the President court to discharge the-defensdant from imprison- of the United States afull pardon for all offences mnt and suffer him to depart without day, and committed by him by participation, direct orimitis so ordered ____ plied, in the rebellion. He now pr Onthe Test Oath of Lawyers Jan. 14, 1867. pardon, and'asks permission to cotiue to pracof ayers, tpnio 1f te tice as an attorney and counselor of the court, Mr. Justice.FIEIm delivered the opinion of the it without taking the oath required b the act of tructed by the Court to deliver January 24, 1865, and the rule of this court, rcted by the Court to deliver which he is unable to take by reason f the offiits opinion in the matter of the petition of A. ccs he held under the Confeder. ces heleheld under the Confederategovernment. H. G-arland.' nr He rests his application principally upontwo July, 1862, Congress passed amn n 2d of July, 1862, Congrs passed an grounds:' First, that the act of January 24 act presribing an oath to be taken by every 1865 so far as it affects his status in the court person elected or aplpointed to any office of honor so far as it affects his st persofnerthe Goveiment of the United is unconstitutional and void; second that if the act be unconstitutional, he is released from comStates, either in. the civil, military, or naval de- act unconstitutonal, he i rel public service, except the Pres- p.auce with its provisions by th epatments of Statecsere ex e pre President. The oath prescribed by the act is as ident of the United States, before entering upon follows: 1. That the deponent has never voluntathe duties of his office, and before being entitled rily borne arms against the Unitd Sttes since to its salary or other emoluments. On the 24th has been a citizen thereof. 2. That he has not of January, 1865, Congpess passed a supplement- v n i g a countenance counsel or ary act, extending its provisions so as to embrace encouragement to persons engaged in armed hosUnited States, wv'hich provides that after its pas- t o 3 Ta h ha n sught, ac andsafter theo4theof March, 186,Stouthe bar ~ pretended authority in hostility to the United any circuit or district coirt of the United States, S e 4. That he ha n yv or of the Court of Claims, or be allowed to ap: support to any pretended government, authority, pear and be heard by virtue o p any previous hostile or inimical thereto. 5. That he will supless he shall have first taken and subscribed the a d t C o' t Unite oath prescribed in the actof July 2, 186. Te mi States against all enemies, foreign and domestic, act also provides that the oath shall be preserved a among the files of the court; and if any person T l cu i p o a r take it falsely, he shall be guilty of perjury, and, quires no consideration. The questions preupon conv'ction, shall be subject to the pains sented for our determination arise from the other At the December term of 1860, the' petitioner They shall respectively take and subscribe the following was admitted as an attorney and counselor of oath or affirmation: voluntarily borne arms against the United States since I required. By the second rule, as it then existed, hsve been a citizen thereof; that I havy voluntarily given it was only requisite to the admission of attor- no aid, countenanee, counsel, or encouragement to persons sisys andcounselonrs of this Court that they engaged in armed hostility thereto; that I have neither neys and counselors Of tins COUrt tlhat they sought, nor accepted, nor attempted to exercise the functions should have been such officers for the three pro- of any office whatever, under any authority,'or pretended vious years in the highest courts of the States to authority, in hostility to the United States; that I have not h~ickthey respectively beInoedyr and] that their yielded a voluntary support to any pretendedgovernment, WHicn they -respectively b^IO~gea, ancl that tlheir.7 -authority, power, or constitution, within the United States, private and professional character should appear hostile or inimics$ thereto. And I do fuither swear, (or to be fair. In March 1865, this rule was changed affirm,) that, to the best of my. knowledge and ab~ity, I by the-. addition of a claue requiring the admin- 1will support and defend the Constitution of the United by the addition of a~ clause* requiring, the admin- tates against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take * The rule, adopted without dissent, is as follows: this obligation freely, without any mental reservation or SUPREME COURT OF THE UNITED STATES. purpose of evasion. December Term, 1864. —.FHiay, March 10, 1865. And I do further solemnly swear, (or affirm, as the case AMENDMENT TO 2o RULE. may be,) that I will~demean myself as an attorney and Ordered, That the last clause of the second rule of this counsellor of this Court uprightly and according to law: Court be amended so as to read as follows: So help me God. JUDICIAL OPINIONS. 227 clauses. These all relate to past acts. Some of The profession of an attorney and counselor these acts constituted, when they were corn- is not like an office created byan act of Con-'ritted,. offences against the criminal laws of the gress, which depends for its continuance,itspo*country, and some of them may or may not ers, and its emoluments on the will of its creator, have been offences, according to the circum- and the possession of which may be burdened stances under which they'were committed and with any conditions not prohibited by the Conthe motives ofthe parties. The first clause covers stitution. Attorneys and counselors are not one form bf the crime of treason, end the affiant officers of the United States. They are not must declare that he has not been guilty of this elected or appointed in the manner prescribed crime, not only during the war of rebellion, but by the Constitution for the election or appointduring any period of his life since he has been a ment of such officers. They are officers of the citizen. The second clause goes beyond the court, admitted as such by its order upon evilimits of treason, and embraces not only the dence of their possessing sufficient legal learngiving ofaid and encouragement of a treason- ing and fair character. Since the statute of able nature to a public enemy,.but also the giv- 4 Henry IV, it has been the practice in England, ing of assistance of any kind to persons engaged and it has always been the practice in this counin armed hostility to the United States. The try, to obtain this evidence by an examination third clause applies to the seeking, acceptance, of the parties. In this Court the fact of the ador exercise, not only of offices created-for the mission. of such officers' in the highest court of purpose of more effectually carrying on hostili- the States to which they respectively belong for ties, but also of any of those offices which are threeyearsprecedingtheir application is regarded required in every community, whether in peace as sufficient evidence of the possession of the reor war, for the administration of justice and the quisite legal learning, and the statement of counpreservation of order. The'fourth clause not sel moving their admission sufficient evidence only includes those who gave a cordial and ac- that their private and professional character is tive support to the hostile government, but also fair. The order of admission is the judgment of thlose who yielded a reluctant obedience to the the court that the parties possess the requisite existing order established without their co-opera- qualifications as attorneys and counselors, and tion.' are entitled to appear as such and conduct causes The statute is directed against parties who therein. From its entry the partiesbecomeoffihave offended in any of the particulars embraced cers of the court, and are responsible to it for by these clauses, and its object is to exclude professional misconduct. them from the profession of the law, or at least They hold their office during good behavior, from its practice in I the courts of the United and can only be deprived of it for misconduct States.' As the oath prescribed cannot be taken ascertained and declared by the judgment of the by these parties, the act as against them oper- court, after opportunity to be heard has been? ates as a legislative decree of perp.etual exclu- afforded. Their admission and their exclusion sion. An exclusion from any of the professions are not the exercise of a mere minis~rial power. or any of,he ordinary avocations of life for past The court is -not in this respect the register of conduct can be regarded in no other light than the edicts of any other body. It is the exercise as a punishment for such conduct. The exaction of judicial powers, and -has been so helI in nuof the oath is the rn'ode provided for ascertaining merous cases. It was so held by the court of apthe parties upon whom the act is intended to peals of New York in the matter of the applicaoperate, and, instead of lessening, increases its tion of Cooper for admission. "Attorneys and objectionable character. All enactments of this counselors?" said that court, "are not only offikind partake of the nature of bills of pains and cers of the court, but officers whose duties relate penalties, and are subject to the constitutional almost exclusively to proceedings of a judicial inhibition against the passage of bills of attain- nature, and hence their appointment may,-with der, under which general designation they are propriety, be entrusted to the courts; and the included. In the exclusion which the statute latter, in performing this duty, may very justly adjudges, it imposes a punishment for some of be considered as engaged in the exercise of their the acts specified., which were not punishable, or appropriate judicial functions." In exparte Semay not have been punishable at the time they comb, a mandamus to the supreme court of the were committed; and for other acts it adds a Territory of Minnesota to vacate an order re-' new punishment to that then prescribed, and it moving an attorney and counselor was denied is thus brought within the further inhibition of by this court on the ground that the removal the Constitution against the passage of an ex was a judicial act. postfacto law. "We are not aware of any case," said the In the case of Cummings (vs. The State of Mis- court, " where a mandamus was issued to an insouri, juit decided, we had occasion to consider?ferior tribunal commanding it to reverse or anthe meaning of a bill of attainder and an ex post nul its decision, where the decision was in its facto law in the clause of the Constitution for- nature a judicial act, and within the-scope of its bidding their passage by the States, and it is un- jurisdiction and discretion." And in the same necessary to' repeat here what we there said. A case the court observed that " it has been well like prohibition is contained,n the Constitution settled by the rules and practice of common-law against enactments of this kind by Congress, courts that it rests exclusively with the court to and' the argument presetted in that case against determine who is qualified to become one of its certain clauses, of the constitution of Missouri is officers as an attorney and counselor, and for equally applicable to'the act of Congress' under what causes he ought to be removed." The atconsideration in this case. torney and.counselor, being by the solemn judi 228 POLITICAL MANUAL. cial act of the court clothed with his office, does qpence of the conviction and judgment. The not hold it as a matter of grace and favor; the pardon produced by the petitioner is a full parright which it confers upon him to appear for don fo1 all offences by him coimitted arising suitors, and to argue causes, is something more from participation direct or implied intherebelthan a mere indulgence, revokable at the plea- lion, and i subject to certain conditions which sure of the court or at the command of the le- have been complied with. The effect of thispargislature; it is a right of which;he can only be don is to relieve the petitioner from all penalties deprived by the judgment of the court for moral anddisabilitiesattachedto the offence oftreaor professional delinquency. The legislature son committed by his participation in the rebelmay undoubtedly prescribe qualifications for the lion. So far as that offenc6 is concerned he is office, with which he must conform, as it may, thus placed beyond the reach of punishment of where it has exclusive jurisdiction, prescribe any kind but to exclude him by reason of that qualifications for the pursuit of: any of the ordin- offence from continuing in the enjoyment of pre-.ary avocations. of life; but to constitute a quaii- viously acquired right is to enforce a punishfication, the. condition or thing prescribed must ment for that offence notwithstanding the parbe, attainable, in theory! at least, by every one. don. If such exclusion can be effected by the That which from the nature of things, or the past exaction of an expurgatory oath covering the condition or conduct of the party, cannot be at- offence, the pardon maybe avoided, and that tained by every citizen, does not,fall within the accomplished indirectly which cannot be reached definition of the term. To all those by whom by direct legislation. It is not within the conit is unattainable it is a disqualification which stitutional power of Congress thus to inflict operates as a perpetual bar to the office. The punishment beyond the reach of executive clemquestion in this cape:is not as to the power of ency. - Congress to prescribe.qualifications, but whether From the petitioner, therefore, the oath rethat power has been exercised as a means for uired by e act of January 24, 1865, cannot the infliction of punishment against the prohibi- be exacted, even were that act not subject to any *tion of the Constitution. That this result can- other objection than the one just staed. It fol not be effected indirectly by a State under the lows, from the views expressed, that the prayer form of creating qualifications,'we have held of the petitioner must be granted. in the case of Cummings vs.. The State of Mis- The case of R. H. Marr is imilar in its main souri, and the reasoning upon which that conclu- features to that of the petitioner, and his petition sion was reached applies equally to similar ac- must be granted; and the amendment to the section on the part of Congress.. ndrule of the court, which requires the oathpre These views are further strengthened by a con- scribed by the act of January 24, 1865, to be sideration of the effect of the pardon produced taken by attorneys and counselors, having been by the petitioner and the nature of the pardon- unadvisedly adopted, must be rescinded, and it ing power of the President. The Constitution is so ordered.*.provides that the President " shall have power DissEimI OPINION. to grant reprieves and pardons for offences Mr. Justice MILLER. I dissent from both the against the United States, except in cases of imseeo tatd i fextendis - t he hoped that the exceptional circumstances limited, with the exception stated; itwhich give present importance' tothese cases will every offence known to the law, and may be soon pssaway-and that those who make the exercised at any tiee after its commission, either lawsboth a State and national, will find in the before legal proceedings are taken; or during conduct of the persons affected by the legislation their pendency, or after conviction and judg- jut d ment. This power of the President is not sub- eaedtoahe vodsficit ro n to relimit^ theCeffect of hispardongnor exsclud fromh return of that better spiritwhich ~hall leave no its exercise any class of offenders. The benign ans frs h a go d men lo o gwthan prerogative of mercy reposed in him cannot ae it d w -fettered by any -legislative restriction. Such But the question involved, relating, as it does, being the case, the inquiry arises as to the effectt t r o t i ures of the nation and and operation of a pardon. -On this point all t St t exclude from offices and places of the authorities concur: a pardon reaches. both h a the punishment prescribed for the offense, and igh public trust,ithe administration of vhose the guilt of t w theovernment those of its Owntcitins who is full it releases the punishment and blots out t G o it ow e izen of existence the guilt, so that in the eye of the engaged in the recent effort to desro tbeat Govnever committed the offence. If granted before p f interes I d isat. atmes the exercise.disabilities'consequent upon conviction, from at- d ___tathCoges ftentin rte taching. If granted after conviction it removes *The new order, made by a majority, is as follows: the penalties and disabilities, and restores him SUPREME COURT OF THE UNITED STATES. to all h'is civil rights. It makes him, as it were, December Term, lceMon aJuary 14,1867. a, new man, and gives him a new credit and ca- It is now here ordered by the Court that the amendmont pacity. There is only this limitation to its ope- to the second rule of this Court, which requires the oath ration: it does not restore offices forfeited, or Pescribed by the act of Congress of January 21, 1865, to be property or interests vested in others in conse- hereby rescinded and annulled. JUDICIAL OPINIONS. 229 legislative body of a State has assumed an au- recognizes this body of men and their utility in thority not belonging to it, and, by violating the judicial system'of the United States, and the Constitution.; has rendered void itsattempt imposes upon the courts the duty of providing at legislation. In the case of an act of GCngress, rules by which persons entitled to become memwhich expresses Ith6 sense of the members of a bers of this class may be permitted to exercise co-ordinate department of the. Government, as the privilege of managing and conducting causes much bound by their oath of office as weareto in those courts. They are as essential to the respect that Constitution,'and whose duty it is, successful working of the courts as clerks, sheriffs, as much as it is ours, to be careful that no statute and marshals, and, perhaps, as the judges themis passed in violation of it, the incompatibility selves, since no instance is known of a court of of. the act with the Constitution should be so law without a bar. The right to practice law in clear as to leave little reason for doubt'before the courts as a profession is a privilege granted we, pronounce it to be invalid. Unable to, see by the law under such limitations or conditions this incompatibilityeither in the act of Congress in each State or government as the law-making or in the provision of the constitution of Misl power may prescribe. It is a privilege, and not souri upon which the Court has just passed, but an absolute. right. entertaining a strong conviction that both were The distinction may be illustrated by the difwithmin the competency of the bodies which en- ference between the right.of a party~o a suit in acted them, it seems to me an occasio.n which court to defend his own cause, and the right of demands that my dissent from the judgment of another party to appear and defend for him. the Court and the reasons for that dissent should The'one, like the right to life, liberty, and the be placed on its records. pursuit of happiness,,is inalienable; the other In the comments which I. have to make on is the privilege conferred by law on a person who these cases;I shall speak of principles equally complies with the prescribed conditions. Every applicable to both, although I shall refer more State in the Union, and every civilized govern-.directly to that which involves the oath required ment, has laws by which the right to practice in of attorneys by the act of Congress, reserving its courts may be granted, alid makes that right to the close some remarks more especially appli- to depend upon the good moral character and cable t the oath prescribed by the constitution professional skill of the party.upon whom the of the State of Missouri.''privilege is conferred. This is not only true in'The Constitution of the, United States makes reference'to the first grant of license to practice ample provision for the establishment of courts law, but the continuance of the right is made of justice, to administer its laws and protect and by these laws todepend upon the continued enforce the rights of its citizens. -Article 3, possession of. these qualities. Attorneys are section 1, of that instrument says that " rthe' often deprived of this right upo-n evidence of bad judicial power of the United States shall be vested moral character, or'specific acts of immorality in one supreme court and such inferior courts or dishonesty, which show that they no longer as Congress may from time to time ordain and possess the requisite qualifications. All this is establish." Section 8 of article 1, closes its enume- done by law, either statutory or common, and, ration of the powers conferred on Congress by the whether the one or the other, equally the expresbroad declaration that it shall have authority sion of the legislative will, for the common-law "to make all laws which shall be necessary and exists in this country only as it, is adopted or proper for carrying into execution the foregoing permitted by legislatures' or by constitutions. powers and all other powers vested by this Con- No reason is perceived why this body of men, stitution in the Government of t11 United States, in their important relation's to the courts of the or in any departmeit thereof." Under these nation, are not subject to the action of Congress provisions, Congress has ordained and established to the same extent that they are under the legis-' circuit courts, district courts, and'Territorial lative control in' the States, or' in any other Govoourts, and has, by various statutes, fixed the ernment, and to the same extent that the judges,' number of the judges of the Supreme.,ourt; it clerks, marshals, and other officers of the court has limited and defined the jurisdiction of all are su'bject to congressional legislation. Having these and determined the salaries of the jujdges the power to establish~the courts, to provide for who hold them. It has provided for their neces- and regulate the practice in those courts, to oresary officers, as marshals, clerks, prosecuting at- ate their officers, and to prescribe their functions, torneys, bailiffs,.commissioners, and jurors; and can it be doubted that Congress has the full right by the act of 1789, commonly called the judiciary to prescribe terms for the admission, rejection, act, passed by the first Congress assembled under and expulsion of attorneys, and for requiring of the Constitution, it is, among other things, en- them an oath to show whether they have the acted&"'that in all the courts of the United States proper qualifications for the discharge of their parties may plead and manage their causes per- duties. sonally, or by the assistance of such counsel or The act which has just been declared, to be attorneys at law as by. the rules of the said unconstitutional is nothing more than a statute courts respectively shall be permitted to manage which requires of all lawyers who propose to and conduct causes therein." It is believed that practice in the national courts that they shall no civilized nation of modern times has been take the same oath which is exacted of every ofWithout a. class of men intimately connected ficer of the Government, civil'or military. This with the courts and with the administration of oath has two'aspects-one which looks to the justice, called variously attorneys, counselors, past conduct of the party, and one to his future solictors, proctors, or other terms of similar im- - conduct-but both have reference to his disposiport. The enactment which we have just cited tion to support or to overturn theGovernmentiin 230 POLITICAL MANUAL. whose functions he proposes to take a part. In corruption of blood, as a consequence ofjudisubstance, he is required to swear that he has cial sentence of death, continued bethe law not been guilty of treason to that Government in of England in all cases of treason to the time. the past, and that. he will bear faithful allegi- when our Constitution was framed, and, for aught ance to it in the future. That fidelity to the that is known to me, is the law of that country Government under which he lives, and true and on condemnation for treason at this day. Billc loyal attachment to it, and a sincere desire for of.'attainder,therefore,or acts of attainder,as its preservation, are among the most essential they were called after they were passed into qualifications which.should be required in' a statutes, were laws which declared certain perlawyer, seems to me too clear for doubt. The sons attainted and their blood corrupted, so that history of the Anglo-Saxon race shows that. for it had lost all inheritable quality. Whether it ages past the members of the legal profession, declared other punishments ornot,itwas anact have been powerful for good or evil in the Gov- of attainder if it declared this. This also seems erminent. They are by the nature of.their du- to have been the main'feature at which the auties the moulders of public sentiment on.ques- t4ors of the Constitution were directing their tions of government, and are every day engaged prohibition; for, after having in"article I pro-,in aiding in'the construction and enforcement hibited the passage of bills of attainder, in secof the law.' From among their numbers are tion 9 to Congress, and in section 10 to. the ^tates necessarily selected the judges'who expound the there still remained to the judiciary the power laws and the Constitution. To suffer treason- of decllring attainders. s able sentiments to spread here unchecked is. to ther guard against this odious form of punishpermit the stream on which the life of the na- ment, it has'provided in bection 3, article 3, tion'depends-to be poisoned at its source. In il- concerning the judiciary, that, while Congress lustration of this truth, I venture to affirm that shall have power to declare the punishment of if all the members of the legal profession in the.treason, no attainder of treason shall work corStates lately in insurrection had possessed the ruption of blood or forfeiture, except duringthe qualification of a loyal, faithful allegiance to the life of the person attainted. Government, we should have been spared.the This,however, while it.was the chief, was not horrors of that rebellion.. If,'then, this qualifi- the only peculiarity of bills of attainder'which cation be so essential in, a lawyer, it cannot be was intended to be included within the constidenied that the statute under consideration was tutional restriction. Upon an attentive exameminently calculated to secure that result. ination of the distinctive features of this kind The majority of the Court, however, do not of legislatin, I think it will be found that the base their decision on the mere absence of' au- following comprise the essential elements of thority in Congress and the States to enact bills of attainder, in addition to the one already the laws which are the subject of consideration, mentioned, which distinguished them from other but insist that the Constitution of the United legislation, and which made them so obnoxious States forbids' in prohibitory terms the passage to the statesmen who organized our Government: of such laws, both to Congress and to the States. First, they were convictions and sentences proThe provisions of that instrument relied on to nounced by the legislative department of the sustain this doctrine are those which forbid Con- Government instead of the judiciary; second, gress and the States respectively from passing the sentences pronounced and the punishments bills of attainder and ex post facto laws. It is inflicted were determined by no previous law or said that the act of Congress and the provision fixed rule; third, the investigation into the guilt of the constitution of the State of Missouri under of the accused, a. eny such were made, was not review are in conflict with both these provisions, necessarily or generally conducted in his presand are therefore void. ence or that of his counsel, and no recognized I will examine this proposition in reference to rule of evidence governed the inquiry. (See these two clauses of the Constitution in the order Story on the Constitution, section 1,344.) in which they occur in that instrument. First, It is no cause for wonder that the men who in regard to bills of attainder.'I am not aware, had justf'~assed successfully through a desperate of any judicial decision ky a court of Federal struggle in behalf of civil liberty- should feel a jurisdiction which undertaies to give a definition detestation for legislation- of which these were of that term. We are therefore compelled to the prominent features. The framers of our porecur to the' bills of attainder passed by the litical system had a full appreciation of the necesEnglish Parliament, that we may learn so much sity of keeping separate and distinct the primary of their peculiar characteristics as will enable us departments of the Government. Mr. Hamilton, to arrive at a sound conclusion as to what was in the seventy-eighth number of the Federalist, intended to be prohibited by the Constitution. says that lie agrees with the maxim of MontesThe word " attainder" is derived by Sir Thomas quieu, that there is no liberty if the power of Tomlya'in his law dictionary from the words judging be not separated from the legislative and attincto and attinctura, and is defined to be the executive powers; and others of the ablest numstain or corruption 6f the blood of a criminal hers of that publication are devoted to the purcapitally condemned, the immediate, inseparable pose of showing that in our Constitution these consequence, by the common' law, of the pro- powers are so justly balanced, and restrained nouncing of the sentence of death, and the effect that neither will probably be able to make much of this corruption of the blood was that the party encroachment upon the others. Nor -was it less attainted lost all inheritable quality, and could repugnant to their views qf the security of perneith~er receive nor transmit any property or sonal rights that any person should be conother rights by inheritance. This attainder or demned without a hearing and punished with JUDICIAL OPINIONS. 231 out a law previously prescribing the nature and Passing now to the consideration, whether this extent of that punishment. They therefore statute is an ex post facto law, we find that the struck boldly at all this machinery of legislative meaning of that term, as used in the Constitudespotism, hy forbidding the passage of bills of tion, is a matter which has been frequently beattainder and ex post facto laws, both to Con- fore this Court, and it has been so well defined gress and to the States'. as to leave no room for controversy. The only It remains to inquire, whether in the act of doubt which can arise is as to the character of the Congress under consideration-~and;th remarks particular acts claimed to come within the defiapply with equal force to the Missouri constitu- nition, not as to the definition of the phrase tion~-there is found any of these features of bills itself. All the cases agree that the term is to be of attainder, and, if so, whether there is sufficient applied to criminal causes alone, and not to civil in the act to bring it fairly within the description proceedings. In the language of Justice Story in of'that class of bills. It is not claimed that th e case of Watson vs. Mercer, 8 Peters, 88, "ex aw works a corruption of blood. It will there- post facto laws relate to penal and criminal fore be conceded at once that.the act does not proceedings which impose punishments and forcontain this leading feature of hills of attainder. feitures, and not to civil proceedings, which affect Nor am I capable of seeing that it contains a private rights retrospectively." (Calder vs. Bull, conviction or sentence of any designated person 3 Dallas, 386; Fletcher vs. Pedk, 6 Cranch, 87; or persons. It is said that it is not necessary to Ogden vs. Saunders, 12 Wheaton, 266; Satterlee a bill of attainder that the party to be affected vs. Matthewson, 2 Peters, 380.) should be named in the act, and the attainder The first case on the subject is that of Calder of the Earl of Kildare and his associates is re- vs. Bull, and it is the case in which the doctrine ferred to as showing that the act was aimed at concerning ex post facto law is.most fully exa class. It is very true that bills of attainder pounded. The Court divides all laws which have been passed'against persons by some de- come within the meaning of that clause of the cription when their names were unknown, but Constitution into four classes: 1. Every law in such cases the law leaves nothin g to be done that makes an action done before the passing of the to render its operation effectual but to identify law, and which was innocent when done, crimithose persons. Their guilt, its nature, and its nal, and punishes such action. 2. Every law punishment a-re fixed by the tatute, and only that aggravates a crime, or makes it greater than their personal indentity remains to be made out. i-t was when committed. 3. Every law that Such was the case alluded to. The act declared changes the punishment, and inflicts a greater the guilt and punishment of the Earl of Kildare punishment than the law annexed to the crime and all who were associated with him in his en- when committed. 4. Every law that alters the terprise, and all that was required to insure their rule of evidence, and receives less or different punishment was to prove that association. If testimony.than the law required at the time of this were not so, then it'was mere brutum ful- the commission of the offence to convict the men, and the parties other than the Earl of Kil- offender. dare could only be punished, notwithstanding Again, the Court draws, in the same opinion, the act, by proof of their guilt before some coin- the true distinction as between ex postfacto laws patent tribunal, and retrospective laws, and proceeds to show No person is pointed outlin the act of Con- that however unjust the letter may be, they are g~ess, either by name or bh description, against not prohibited by the Constitution, while the whom-it is to operate. The-oath is only required former are. This' exposition of the nature of of those who propose to accept an office or to an ex post facto law has hever been denied, ndc practice law, and as a prerequisite to the exer- has any court or any commentator on the Concise of the functions of the lawyer or the officer it stitution added to the classes of laws here set is demanded of all persons alike. It is said to be forth as coming within that clause of the organic directed, as a class, to those alone who were en- law. In looking carefully at these four classes gaged in the rebellion; but this is manifestly of laws,,two things strike the mind as common incorrect, as the oath is exacted alike from the to them all: First, that they contemplate the trial loyal and disloyal upder the like circumstances, of some person charged with an offence; second, and none are compelled to take it. Neither.does that they contemplate a punishment of a person the act declare an^ conviction either of persons found guilty of such offence. or classes. If so, who are they, and of what Now, it seems to me impossible to show that crime are they declared to be guilty? Nor does the law in question contemplates either the trial it pronounce any sentence or inflict any -punish- of a person for an offence committed before its ment. If by any possibility it can be said. to passage, or the punishment of any person for provide for conviction and sentence, though not such anoffence. It is true the ait requiring an found in the act itself, it leaves the party him- oath provides a penalty for falsely taking it; self to determine his own guilt or innocence, and but this provision is prospective, as no one is pronounce his own sentence. -It is not, then, the supposed. to take the oath until after the passage act of Congress, but the party interested, that of the law. This prospective penalty is the only tries and condemns. We shall see, when'we thing in the law which partakes of a- criminal come to the discussion of this act in its relation character.' It is in all other respects a civil proto expost facto laws, that it inflicts no punish- ceeding. It is simply an oath of office, and it ment. A statute which designates no criminal is required of all office-holders.alike. As far as.either by name or by description, which declares I am informed, this is the first time. in the hisno guilt, pronounces no sentence, and inflicts tory' of jurisprudence that taking an oath of no punishment, can'in no case be'called a bill of office has been called a criminal proceeding. If ~ttatild~er. it is not a criminal proceeding, then, by all the 232 POLITICAL MANUAL. authoroities, it is not an post facto law. No izesdeclar hi unfit to practice trial of any person is contemplated by the act before it, and to strike his name from the roll of for any past offence; nor is any party supposed its attorneys, itsf it be found there. I have alto be charged with any offence in' the only pro- ready shown that this act provides for noindictceeding which the law provides. A person pro- ment or other charge, that it contemplates and posing to appear in the court- as an attorney is admits of no trial, and I now proceed to show asked to take a'certain oath. There is no charge that even if the right of the court to prevent an made against him that he has been guilty of any attorney guilty of the acts mentioned from apof the'ocrimes mentioned in that oath; there is pearing in its forum depended upon the statute, no prosecution. There is not even an implica- still it inflicts no punishment in the legal. sense tion of guilt by reason of tendering him the oath;' of that term. for it is required of the man who hlas lost every- "Punishment, says Mr. Whartonin his Law thing in defence of, the Government, and whose Lexicon, " is a penalty for transgression of the loyalty is written in the honorable scars which law,"' and this is perhaps as comprehensive and cover his body, the same as of the guiltiest trai- at the same a definition as can be tor in the land. I-is refusal to take the oath given. Nowwhatlawisitwhoe nsgression subjects him to no pros'ecution; his t1.king it is punished in the case before None is clears him of no guilt and acquits him of no referred to in the act, and there is nothing on charge. its face to show that it was intended as an addi-Where, then, is this ex post facto law which tional punishment for any offence described in tries and punishes a man for a crime committed any other act. Apart of the matters of which the before it was passed? It can only be found in applicant is required to purge himself on oath those elastic rules of construction which cramp may amount to treason, and surely there could the powers of the Federal Government when bd no intention or desire to inflict this small adthey are to be exercised in certain-directions, and ditional punishment for a crime whose penalty enlarge them when they are to be exercised in was already death and confiscation of property.. others. No more striking example of this could Ins used by the be given than the cases before us, in one of court in a sense which would make a great num which the Constitution of the United States -is ber of laws, partaking in' no sense of a riminal held to confer no power on Congress to prevent character, laws.for punishment, and the traitors from practicing in our courts, while' in post facto. A law, foi instance, which increases th'e other it is held to confer power on this Court the facility for detecting frauds, by compelling a to nullify a provision of the constitution of the party to a civil proceeding to disclose his transacState of Missouri relating to a qualification re- tions under oath, would result in his punishment quired of'ministers of religion.. in this sense if it compeled him to pay an honest But the fatal vice in the reasoning of the ma- debt which could not be coerced from him bejority is in the meaning which they attach to the fore; but this law comes clearly within the class word "punishment," in its application to this described by this Court in Watson vs. Mercer, as law, and in its relation to the definitions which a civil proceeding which affects private rights have been given of the phrase ex postfacto law. retrospectively. Webster's second definition of the'word "punish" Again, let us suppose that several persons afis this: " In a loose sense, to afflict with pain, flicted with a form of insanity heretofore deemed &c., with a view to amendment; to chasten;" harmless shall be found all at once to be dangerand it is in this loose sense that the word is used ous to the lives of'persons with whom they by the Court as synonymous with "chastise- associate. The State, therefore, passes a- law ment," "correction," "loss or suffering to, the that ailpersons so affected shall be kept in close party supposed to be puftished," and not in the confinem6nt until their reqovery is assured. Here legal sense, which signifies a penalty inflicted for is a case' of punishment, in the sense used by the the commission of a crime. So in this sense it Court,'fora matter existing before the passage of is' said, that whereas persons' who have been the law. Is it'an ostfao law; and, if not, guilty of the offences mentioned in the oath were, in what does it differ from one? Just in the by the laws then in force, only liable to be pun- same manner that the act of Congress' does~ ished with death and confiscation- of all their namely, that the proceeding is a civil, and not a property, they are, by a law passed since those criminal proceeding, and that the imprisonment offences were committed, made liable to the enor- in the one case, and the prohibition to practice mous additional punishment, of being deprived law in the other, are not punishments in the of the right to practice law. The laW in question legal meaning of that term. daoes not in reality deprive a person guilty of the The civil law maxim, nemo debet bis vexaripro acts therein mentioned of any right which he usa et eadem casisd', has long since been adoptpossessed before, for it is equally sound law, as it' ed in the common law as applicable both to is the dictate of good sense, that a person who, civil. and criminal proceedings; and one of the in the language of the act, has voluntarily borne amendments of the Constitution incorporates VAsR against the Government of the United this principle into that instrument so far as punState8 while a citizen thereof,and who has volun- ishment affects life or limb. tarily given aid, comfort, counsel, or encourage- It results from this rule that no man can be mefnt to persons engaged in armed hostility to-the twice lawfully punished for the same offence. Government, has, by doing those things, forfeited We have already seen- that the acts of which the his right to appear in her courts and take part party is required to purge himself on oath conin the administration, of her laws. Such a per- ttitute the'crime of treason., Now, if the judgson has exhibited a frait of character which, ment of the Court in, the cases beforeus, instead Without the aid of the law in question, author- of permitting parties to appear without taking JUDICIAL OPINIONS. 233 the' oath, had been the other way, here would lieves the party accepting it of the necessity of hav-e been the case of a person who, on the geas- taking the oath, even if the law be valid. I am oniing of the majority, is punished by the judg- willing to concede that the presidential pardon ment of' this Court for the same acts which con- relieves the party from all penalties, or, in other stitute the crime of treason; and yet, if the words, from all the punishment which the law applicant here should be afterwa'rds indicted for inflicts for his offence; but it relieves him from treason on account of-those same acts,, no one nothing more. If the oath required as a condildpretend that.the proceeding her could be tion to practicing law is not a punishment, as I successfully pleaded in bar.ofthat indictment. think I have shown it'is not, then the pardon But- wh y' not? Simply because there is here of the President has no effect in relieving him n-either trial nor punishment within the legal from the requirement to take it. If it is aqualification which Congress had a right to prescribe I maintain that the purpos of the actofon- as necessary to an attorney, then the President gress was to req~uie loyalty as a qualification, of cannot, by pardon or otherwise, dispense with all who practice law in the national courts. The the law requiring such qualification. This is maj6ority say that the purpose was. to impose a not only the plain rule as between the legislative punishment for past acts of disloyalty. In press- and executive departments of the Government, ing this argument, itis asserted by the majority but it is the declaration of common sense. The that no requirement can be justly said to be a man who, by counterfeiting, by theft, or by qualification which is not attainable by all, and murder, or, by treason, is rendered unfit to exerthat to demand qualification not attainable by cise the functions of an attorney or counsellor all is a punishment. The Constitution of the at law, may be saved by the Executive pardon United States provides as a qualification for the from the penitentiary or the gallows, but is not office of President and Vice President that the thereby restored to the qualifications which are person elected must be a native-born citizen. Is essential to admission to the bar. No doubt it this a punishment to all those naturalized citizens would be. found that very many persons among who can never attain that qualification? The those who cannot take this oath deserve to be constitution of nearly all the States requires as relieved from the prohibition of.the law, but a qualification for voting that the voter shall be a this in nowise depends upon the act of the Presiwhite male citizen. Is this a punishment for all denton giving or refusing a pardon; it remains'the blacks who can never become white? It was a to the legislative power alone to prescribe under qualification required by some of the State con- what circumstances this relief shall be extended. stitutions for the office of judge that the person In regard to the case of Cummings vs. The should not be over sixty years of age. To a very State of Missouri, allusions have been made in large number of the ablest lawyers in any State argument to the,sanctity of the ministerial office this is a qualification vhich, they can n'ever and to the inviolability of religious freedom in tain, for every year removes them further away this country; but no attempt has been made to from the designated age. Is it a punishment?. show that th'e Constitution of the United States, The distinguished commentator on American interposes any such protection between the State law and chancellor of the State of New York governments and their own citizens; nor can was deprived of that office by this provision of anything of the kind be shown.. The Federal the constitution of that State. He was, just in Constitution contains but two provisions on this the midst of his usefulness; not only turned, out subject. - One ofsthese forbids Congress to make of office, but he was forever disqualified from any law respecting the establishment of religion holding it again by a law passed. after he had or.prohibiting the free exercise thereof' the accepted the office. Here is a much stronger case other is, that no religious test shall ever' be rethan that'of a disloyal attorney forbid by law quired as a qualification to any office or public. to practice in the courts, yet no one ever thought trust Tinder the United Stats. No restraint is that the law was expostfacto in the sense of the placed by that instrument on the action of the Constitution of the United States. States; but, on the contrary, in the language of Illustrations of this kind could be multiplied Story, (Commentaries on the Constitution, seaindefinitely, but they are unnecessary. The'his- tion 1878,) the whole power over the subject of tory of the time when this statute was passed, religion is left exclusively to the State governthe. darkest hour of our great struggle, the ne- ments, to be acted upon according to their own cessity for its existence, the humane character sense of justice and, the State constitution. If of the President who signed the bill, and the there ever was a case calling for this Court to face'of the law itself, all show that it was purely exercise all the power on this subject which a qualification exacted in self-defence of all who properly belonged to it, it was the case. of the took part in administering the Government in Rev. B. Permoli, reported in 3 Howard, 589. any of'-its departments, and that it, was not An ordinance of the frst municipality of the city passed for the purpose of inflicting punishment, of New' Orleans imposed a penalty on any priest however merited, for past offences. who should officiate at any faneral in any other I think I have now shown that the statute in church than the Obituary Chapel. Mr. Permoli, question is within the legislative power of Con- a Catholic priest, performed the funeral services gress in its control over the courts and their of- of his Church over the body of one of his parishfleers, and that it is not void as being either a ioners enclosed in a coffin in: the Roman Cathobill of attainder or an ex post facto law.' If -I lie Church of St.Augustin. For this he was am right on the question of qualification and fined, and relying upon. the vague idea advanced punishment, that discussion disposes alsoof the here, that the Federal Constitution protected proposition that the pardon of the President re- himi in the exercise of his holy functions, he 234 POLITICAL. MANUAL. brought the case to this Court; but, hard as the the applicant is eligible to admission irrespective case was, the Court replied to him in the follow- of the oath. His history in this connection, as ing language: " The Constitution of'the United rendered b himself makes him a citizen of the -States makes no provision for' protecting the District of Columbia immediately antecedent to citizens of the respective States in their relig- the outbreak of the rebellion, and amember of ious liberties; this is left to the State constitu-. the bar of the former circuit court, and as such tions and laws; nor is'there any inhibition attorney under the obligation of the following imposed by the Constitution of the United States oath, which he took and subscribed on the 12th in this respect on the States." Mr. Permoli's of December, 1857: writ of error was therefore dismissed for want " do solemnly swear that I will support the Constitution of jurisdiction. In that case an ordinance of a,of the lnited States; that I do not hold myself in allegiance mere'local corporation forbade a priest loyal to the kig or queen of Great Britain; and that to his Government ro performing what-he an is cou all things appertaining to the duties believed to be the necessary rites of his Church thereof to the best of my skill and judgment; so help me over the body of his departed friend. This Godn Court said it could give him no relief. In statement, that this case the- constitution of the. State of Mis- abo time of the inauguration of the rebelsouri, the.fundamental law. of the people of thate secession of Virginia, he State, adopted by their popular vote, declares tran that no priest of any Church shall exercise his Stae, where he became anofficer in the rebel ministerial functions unless he will show by his arm doubtless, as ch, bi own oath that he ha~ borne true allegiance -to oath his Government; and this Court now holds this errment. constitutional provision void, on the ground that T reason he assigns for the violation of his oath constitutional provision void on the ground that the Federal Constitution forbids it. I leave the' to support the Constitution of the United States, two cases to speak for' themselves.' as an attorney of the former circuit court, as we two cases to speak for'themselves. as In the discussion of these cases I'hlave, said understand him, is that he was a native of Virnothing, on the one hand, of the great evils in- gi and owed to flited on the country by the voluntary action of Th r many of those persons affected by the laws ~nder self, would seem to make it impossible for any fedmanyof those persons affected by the laws'vnder eel eonsideration, nor, on the other hand, of the hard- era court to incorporate him among its officers. ships which they are now suffering much more The assumption of State sovereignty and the as aconsequence of thataction thian of anylaws paramount duty of the citizen to the State is old as a consequence of thataction than of anwlaws which Congress could possibly frame; but I have s a pretence in justification for resistance to endeavored to'bring to the examination of the federal authority, having been chiefly used as a grave questions of constitutional law involved mea to that end; but as an honest conviction in this inquiry those principles alone which are of intelligent judgment it has been entertained calculated to assist in determining what the law t by few. The proposition tha a part is is, rather than what in my private judgment it greater than the whole, and that the Governought to be.^Jo mont of the United States only existed at the ram requested to say that the Chief Justice will of one of its members, is incapable of belief, and Justices Swayne and Davis concur in this and simply argues that the Government of the opinion. United States never existed, or if it had existence, had not vitality for self-preservation. The Opinion of the Supreme Court'of the District disqualification of the applicant for admission is of Columbia in a like Case, February 12, 1867. made more significant, if possible by his disincliChief Justice CARTTER.said: nation and' failure to say that in taking the oath This is a motion on the application of Mr. to'support the Constitution of the United States Allen B. Magruder and others for admission to in contemplation of admission to the bar of this the bar of this court, connected with a motion court, he would regard it as binding him and his to rescind th e rule' which provides that each ap- conscience in paramount duty to this Governplicant for admission to bar'shall, before being ment. The essential absurdityof the position, admitted, take and subscribe the following oath that a State in conflict with the federal power is <.do eolesnuly___that I have never volunta- greater than the nation, and duty to the State rily borne arms against the United Statessince I have been greater than duty to the nation, which was put a citizen thereof; that I have voluntarily given no aid, forth prior to the rebellion chiefly as a speculacountenance, couiisel, or encouragement to persons engaged tive in armed hostility thereto; that I have neither sought, nor means to the destruction ofthe Federal GOVaccepted, nor attempted to exercise, the functions of any eminent, seems still to afflict him, notwithstanidoffice whatever, under any authority, or pretended author- ing it has been persuaded and whipped out of ity, in hostility to the United States; that I have not yielded verybody else of similar hallucination a voluntary support -to any pretended government, author- nearly e Ity, power, or constitution within the United States, hostile by five' years of bloody war and the sacrifice of orinimicalthereto. Acid Idofurther- that,tothe best about a million of men. It will be perceived, of my knowledge and ability, I will support and defend the v of hi c that if th oahi Constitution of the United States against all enemies, far- from thiS View os his case that if the oath-in eign and domestic; thatI will bear true faith and alle- question did not exist, At would still be imposgiance to the same; that I take this obligation freely, siblefor the court togive the admiSwithout any mental reservation or purpose of evasiun, and. i bar. apin that I will well and faithfully discharge the duties of the Sion to thsbar. office on which I am about to enter: so help me God. Sworn This leads us to the consideration of the motion to'and subscribed before me this day of 186-" -fto rescind the first rule of this court, adopted The consideration of the subject in the order March 23, 1863, in order that the several parties of the application suggests the inquiry, whether named' in the motion may be admitted as mem JUDICIAL OPINIONS. 235 bers of the, bar ithout first taking- the oath pre- Court has not decid'ed the case before us. The scribed by that rule. case decided by the Supreme Court was the case We understand the motion. to be.based sub- of an existing member of their bar. The case stantieafly upon the assumption that the oath is before us is the case of the application of parunconstitutional, that its unconstitutionality has ties for admission to the bar. The case in the been determined by the Supreme Court, and that Supreme Court was a privilege in possession. that determination is mandatory upon the judg- The case before us is a privilege in prospect. ment of this court; that it is unconstitutional The decision in the Supreme Court involved a because it is ex-post facto and in the nature of a dismemberment from the bar. The decision here penalty. It is a fundamental rule, that to au- involves admission to the bar.,It may be said thorize a court to pronounce a law unconstitu- of the case in the Supreme Court that the partional. the fault of the law should be clear, and don of the President, so far as the legal disabiliits violation of the Constitution unembarrassed ties of Garland were concerned, removed them. bydoubt. Deference to the deliberations and It cannot be said that a similar pardon in the udgment of the lawmaking and co-ordinate case before us would create the privilege. If the branch of the Government not only recommends law expounded' by the majority of the Supreme this rule, but makes it imperative. Up to. the Court is simply an exposition of the case they time of the publication of the recent opinion of had beforeShem, it is not analogous with the the majority of the Supreme Court, this court, case at bar; and it may be well questioned from the time of the adoption of the rule, has whether it would be authority beyond the limentertained no doubt of its constitutionality, or its of the legitimate issue presented. Outside of of its~propriety and necessity-. The only doubt the issue, at most, it could only be considered as now existing in this regard has been raised by the expression of opinion by eminent judges. the expression of the opinion of the majority of The question remaining to be considered in this that Court,. connection is, conceding the decision of the SuIt is said to be expostfactoand in-'the nature preme Court to be in point, whether it is manof a penalty. Let us inquire. The penalty for datory upon the judgment of this court. This what act? A law' after what act? Does it pro- question is to be determined by the legal relapose to inflict an additiounal penalty for thetrea- tion of this tribunal to that. To make their deon committed, or simply to leave the traitor cision mandatory upon the judgment of this where thetreason'left him-in the enjoyment of court in the strict definition of their authority, all theordinaryan naturalestate of thecitizen? they must have the power to execute it upon The ex postfacto penalty contemplated by law is the deliberation of this court. The only power a new penalty prescribed for previous crimes- they possess in this behalf is given by act of a new punishment fof an old transgression. Does Congress, and regulated by the right of appeal, this rule do that? If it does, it is by withhold- and &nfessedly does not extend to the subject ing a privilege that the patty never had,.and under consideration. If there was-any doubt that does not pertain to the estate of ordinary up-on this point, that doubt has been removed b citizenship. Tae fact in the premises which it is the repeated decisions of that eminent tribuna objected is ex postfacto is the office of attorney, In ex parte Burr, 9 Wheaton, 529, Chief Justice with its privileges and immunities as a member Marshall, delivering the opinion of the Court, of this bar-a fact which the party never had,, said: and is now for the first time seeking. The -con- " On one hand the profession of an attorney is of great dition to the enjoyment of the office complained importance to an individual, and the prosperity of his whole of here, instead of being after the ~fact, {recedesca life may depend on its exercise. The right to exercise it it, andeins eallycomplained of as lanobstaecleato onhtnot to be lightly or capriciously talen from him. On it, and IS -really complained o as an obstacle to he other hand it is extremely desirable that the respects. it. The oath, instead of being a penalty, is bility of the bar should be maintained, and that its harmony simply among the evidences of -fitness for the, n with the benchshould-hepreserved. Fortheseobjectssome joyment of the estate in prospect, which, among court. p s other tests, this court has seen fit to impose.for "This discretion ought to be exercised with greatmoderathe protection of the -morale of the bar and the tion and judgment, but it must be exercised; and no other integrity of the government. same means of information as the court itself. If there This view of the nature and constitutional be a revising tribunal, which possesses controlling authority, to our mind without the aid even of the acknow- do so onl i plain ce" ledged constitutional power of Congress to make In ex parte John L. Tillinghast, 4 Peters, 108, retroactive laws. the Court said: It is unnecessary to discuss in the light of this "When, on a former occasion, a, mandamus was applied' the effect of. the pardon, inasmuch asfor to restore Mr. Tillinghast to the roll of counsellors to argument the effect of the pardon, inasmuch as the district court, this Court refused to interfere with the it is not part of the office of a pardon to create matter, hot considering the same within their cognizance." iua criminal new rights disconnected with his And in ex parts Secomb, 19 Howard, page 13, crime and which he did not before possess. Chief Justice Taney said: But it is insisted that the unconstitutionality "In the ease of Tillinghast vs. Conkling, which came be.. of this rule has been determined by the Supreme fore this Court in January term, 1829, a similar motion was Court, which determination is mandatory upon overruledbytheCourt. Thecaseis-notreportedtotheCourt, this court.. In ascertaining what the S'npremebut a brief written opinion remains on the files of the Court, this court. In ascertaining what the tpreme ^in which the Court says that the motion is overruled upon Court has determined, the first guide to judg- the groundfthat it had notjurisdiction in the case. The rement is the'consideration of the case that the Su- moval of the attorney and counsellor in that case took place in a district court of the United States, exercising the power preme Court had before them. If the case be- o a circuit court in court of that character, and the relafore them defines the limits of their opinion, that tions between the court and the attorneys and counselors '2-6 POLITICAL MAIN UAL. who prcti in it, anld their respective rights and duties, JUDGE WYLIE S OPlIO. aLr rovolated by the common law; and it hasbeen well set- Alln M n rus arid practice of te common lw of the application of Aen. Mar 6ourts that it rests exclusively with the court to determine der to be admitted to.the bar of the supreme who i qualified to become one 9f its officers as an attorney court of the District of Columbia for what CSaus he ought to be removed"." an ounselso, motion made by Mr. Bradley, that said After these repeated decisions this question court rescind its rule requiringts for may be said to be resjudicata.. admission to the bar to take the oath commonly The inherent right of each court to regulate called the test-oath, prescribed and adopted 23d its own rules of practice, including the terms of March, 1863. admission of attorneys to and dismissions from This application and this motion, though in the bar, has come down to us unquestioned some respects distinct subjects, have been argued through the long life of the common law. With together. regard to this court, and its inherent power of I shall first proceed to consider the motion to making its rules of admission to and dismission rescind our rule. from the bar, Congress, the law-maker of this By the act of the 3d March, 1863, the late circourt, has -not only confirmed the common law cuit court and the late criminal court of this power of the court, hitherto deemed almost neces- District were abolished, and theirpowers and saryto theexistence of the court, tiat made it jurisdiction transferred to the supreme court of the duty of the court, in the organic act of its the District of Columbia, which was established creation, to exerdise that power, leaving the by the same act. That act also conferred upon ourt in its discretion the. sole tribunal to pass this court full power to make all rules which it upon the question, subject only to the penalty might think proper relating to the practice of of impeachment for. the abuse of the power. the court. These considerations art conclusive of the as- At the first meeting of the new court, held on sumption that'the opinion referred to is author- the 23d of March, 1863, it was ordered that all ity with thiscourt. While we deny to this de- applicants for admission, to the bar should take cision of the Supreme Court the office of such and subscribe, as a condition oftheiradmission, authority, we acknowledge the potency of that' the oath, which the judges had themselves voluntribuinal as the instructor of judgment, and if tarily taken, prescribed by the act of Congress it had united its great wisdom in the.pronunc.ia- approved July 2, 1862. tion of opinion invalidating the rule in contro- That act is in the following words: versy we should feel disposed to bow to it. "That hereafter every person elected or appointed to But it comes. to us. as advisory, and. we must any office of honor or profit under the overnment of the nceiveit-unthe: conditions upon which it is United States, either in the civil, military, or naval departeceive It Upon t.cond ons Upon wic. mi ent of the public service, excepting the President ofthe sent. These conditions in the way of advice are United States, shall, before enteriftg upon the duties of such that a maj ority of one of that Court counsEds the office, and before being entitled to any of the salary or other condemnation of- the rule, while a~ minory of emoluments thereof, take and subscribe the following oath one less than the majority counsels its support, I have never voluntarily borne arms against the United leaving this court to form its own opinion with- States since I have been a citizen thereof; that I have volout any substantial aid from the decision. untarily given no aid, countenance,counselor encouragement to apersons engaged. in armed hostility thereto; that I have If we were to adopt the conclusion of the ma- neither sought nor accepted nor attempted to exercise the jority, it would be at the expense of condemning'functions of any office whatever, under any authority or law of Congress in defiance of ithe rule of pretended authority, in hostility, to the United States; that I have-not yielded a voluntary support to any pretended judgment already referredto, and substantially government, authority, power, or constitution within the upon the opinion of a single justice of the Su- United States hostile or inimical thereto; and I do further f~me o r the, j dgmantafter all, weighed swear (or affirm) that, to the best of my knowledge and in the balance, is reduced to the opinion of one United States against all en-emies, foreign or domestic; justice a result, however binding, not very im- that I will bear true faith and allegiance to the same; that I pressive of wisde~m when applied to the~ondem- take this obligation freely, without any mental reservation nation of a law. discharge the duties of the office On which I am about to In January -term, 1835, the 8upreme Court, enter; so help me God." through -Chief Justice Marshall, refused to take This oath' has been taken and subscribed by up the cases of the Mayor of -New York vs. every one who has since been admitted to the George Miln and George Bricert y. the Common- bar of this court. wealth's Bank of Kentucky (9 Peters, 85) be- The act, however, was not of itself obligatory cause the Court was "not full," in consequence upon the court or any of its officers, but only of the resignation of Justice Duvall. upon persons in the civil, military, or naval deThis controversy of judicial opinion, largely partments of the public service. attributable to political excitement, demonstrates But we were in the midst of a terrible civil to our judgment that the question in'controversy war; surrounded by a large population, many is so involved with political considerations as to of' whom were, in sentiment at least, disloyal to render it eminently proper that it should be re- the Government; we were a court created by'ferred back to the political power' of the nation, the United States, to stand if it stood, and be and the law-making power which created it be destroyed if it were overthrown; we were at consulted in its modification or repeal. the capital of the nation, and yet in sight of the Without suggesting what would be our judg- armed forces of the rebellion. Treason walked ment as to the modification of the* rule, or our very streets defiantly., and encouraged ita whether any, let it be sufficient' to say that it is partisans amongst us with the promise of a speedy a question for legislation,. and not for adjudica- triumph of the rebellion. tion. The motions are denied. It was at a time like this that the court felt JUTDICIALi OPINIONS. 237 itself called upon to exert its. whole power to the question of the constitutionality of our testexclude the traitors to their country from admis- rule, it is not my intention to discuss that subsion to the bar of one of thatio~untry's courts, ject on this occasion. I have as yet heard no. and we ordained the rule which we now have arguments which have disturbed my original under considera~tion. ^convictions on that point. Its constitutionality was not then called in The recent decision of the Supreme Court of uestion, nor was its propriety doubtd. the United States in Garland's case has been The office of attorney a law is one known to made the occasion of the present motion, and the common1 law, and with, us is -regulatedL in has been cited as settling the question against part by that law partly by several acts of the the rule. But I do not so understand that Ass"tembly of Maryland yet in-force in this Dis- decision. On the'cpntrary, it seems to my aptrict, and partly by the act of Congress.of 3d prehension plainly inapplicable to the case under March, 1863, creating this court. The English consideration. In compliance with the act iof statutes relating to attorneys at law are rnot in Congress of January 24, 1865, the Supreme Court force here. had adopted a rule to carry out the provisions At common law no one, was allowed to prac-' of that act, which were as follows: ".That no tice law in any court till after examination and person, after the date of this act, shall be admitadmission, and every court possessed the exclu- ted to the bar of the Supreme Court of the ve power of prescribing the qualifications, and United States, or at any time after the 4th of conditions for admission to its obar. Blackstone March next shall be admitted to the bar of any says.:' circuit or district court of the United States, or "No one can practice as an attorney in any of the courts of the Court of Claims, as an attorney or counof Westminster Hall but such as is admitted and sworn an sellor of such court, or shall be allowed to apattorney of that particular court; an attorney of the court d b h i s or,urt pear and be heard in any such court by virtue of king's bench cannot practice in the common pleas, nor Pe an vicsveso.". ~ of any previous admission, or anyispecial power The. statute of Maryland of April, 1715, ch. of attorney, unless -he shall have first taken the 41, sec. 2, conferred upon the courtsofthatState oath prescribed in an act to prescribe an oath of full powers to make "such rules and orders from office, and for other purposes, approved July 2, tgu-1862, according to the forms and in the manner lating the said courts, and the officers and suitors in the said act prescribed:" thereof, as to the courts in their discretion, shall Garland had been admitted an attorney and' seerm meet." counsellor of'that Court at the December term, By another act of Maryland of the same year 1860. He subsequently committed treason and month, ch. -48,. sec. 12 the justices of the against the United States by taking part in the courts of that State were invested with authority late rebellion, but was pardoned by the Presi. to admit and to suspend attorneys at the bar dent. He then. presented his petition to' the without qualification or restriction, (salvo jure Court, asking permission to appear and continue coronx,) except that no court should admit any to practice there under his admission of 1860 attorney to its bar without requiring of him the and the pardon of the President, without being oath of allegiance prescribed by the act of Par- required to make the oath prescribed by the act liamerit, passed in the 6th of Queen Ann, entitled of January 24, 1865, and the rule of court made "An act for the security of her majesty's person in pprsuance of said act. The decision of the and government, and of the succession to the Cou'rt was that his application should be granted; crown. of Great Britain in the Protestant line.". and the grounds of this'decision were, that the These acts, though more than; a hundred and pardon granted by the President had blotted out fifty years old, are still the law of this District, the' sins of'his rebellion, as though they had except that the Government of the United States never been committed,, and that being thus inhas succeeded -to the allegiance which was for- nocent.of all offence in the eye of the law, he merly sworn to the queen of Great Britain; and could not lde a proper subject for punishment, or our rule has furnished a fitting substitute for that of exclusion from the privileges of the court, oath, accommodated to the changes of govern- which had formerly. belonged to him. ments which have taken place in this country Mr. Justice Field, who delivered the opinion since the reign of Queen Ann. of the Court, says: " The effect of this pardon is' Being thus a court of the United States, vested to relieve the petitioner from all penalties and with'full power to establish our own rules for disabilities attached to the offence of treason the admission of members to the bar, and for eoimmitted by his participation in the rebellion,. governing and regulating the court and the offi- So far as that offence is concerned,'he is thus cers and suitors thereof, without actountability placed beyond'the reach of punishment of any to any other court, it would seem that we should kind; but to exclude him, by reason of that ofourselves be the ultimate judge's of all the law fence, from continuing in the enjoyment of a, -upon these subjects. And, in my judgment, this previously acquired right, is to enforce a punishprinciple has been affirmed and settled by the ment for that offence notwithstanding the parSUpreme Court of the United States in Secomb's don." case, 19 Howard R., 9. I can have no controversy with the Supreme It is not to be inferred from this, however, that Court as to'that doctrine. It merely'teaches we are at liberty, in regard Ato these matters, to that Garland, having been already admitted to transgress against the Constitution of the United the bar before the commencement of the wvar, Stattes at our pleasure. On the contrary, it is and having received perfect absolution for his lel worn obligation and duty of the court faith- offences committed during the rebellion, he was ^ nto. support that Constitution. As it regards n'ot subjedt to the-operation of either the act of 238 POLITICAL MANUAL. Congroes or the rule of the court any otherwise bers of that bar to take the oath, under penalty than one who had been loyal to the Government of forfeiture of their "previously acquired right." throughout the war. Ours has no such operation. The facts in Garland's case required the ourt It is true that one branch of the rule of the to go no farther than this, but the opinion does, Supreme Court applied, like ours, also to pergo farther, and pronounces, in effect, that Gar- sons asking for admission to that bar, and wo land would have been entitled to continue to are tol that the rule has been wholly rescinded practice in that Court, even without having been -no part of itpreserved-in consequence of the pardoned by the President for his treason, on decision in Garlands case. This maybe true, the ground that' to deprive him of the right to but we have received no judicial evidence to pursue his profession in that Court would have convince our minds of the fact, and if it has been a penalty inflicted for his offence, to which beenfdone, it must have been for other reasons he was not liable at the time of its commis- than those furnished by the opinion ofthecourt sion. in that case. Although there is one passage in'this opinion In respect to the application of Magruder, the which seems to go even beyond-this, and to ad-' case is this: He is, a native of Virginia, but for vance the doctrine that the'O6urt had no right seveu to debar a man from admission to the profession citizen of the United States, having his domicile on account of crimes previously committed, yet in this istrict, and as a me I am' not disposed to' believe that the Court in- the late circuit court of this District. In April tended' to advance or to advocate, even obiter, a or Ma, 1861, he left us, and ente into the doctrine so extreme as that. If such, however, rebellion on the call of Virginia, and continued be- the fair construction of the opinion, (and until, the close of the war in armed hos nothing short of such construction will answer theUnitedStates. the object of either of the motions now under our He has since received the pardon of the Presiconsideration,) I am constrained to-avow my un- dent for his offence, and been admitted to pracwillingness to obey the doctrine thus promulged. tice in the Supreme Court of the United States In the' first place,.the, facts in'the'case of Gar- since the decision in Garland's case was. made. land called for no such decision; and, in the sec- But the fatal objection to his admission to our ond place, having the absolute right ourselves bar is that he is now only applying for admission to prescribe our own rules for admission to th forthe first time, and cannot furnish the requi-'bar, as has been already shown, we are not re- site evidence of a previously acquired right quired to do violence to our convictions, in fol- whose continued joyent he might demand at lowing such an interpretation of the Constitu- the hands of the court, and is u tion, when given even by the eminent justices oath required by our rule. wlho concurred in. that. opinion. The opinion, In his case, too, there is an additional re~ason, in that respect, not coming to'us with mandatory'of great force in our judgment, which forbids his'authority, I must for myself be permitted to admission, and it is this: On being admitted look upon it only as the opinion of five gentle- to the bar of the late circuit court, he was sworn, men, learned in the law, weighed against the among other, things, "to support the Constitiicontrary opinion of the four other gentlemen,'tion of the United States," and should he. be adequally learned and. able, and against the judg- "mitted to'practice in the bar of.this court, would ment of the whole legislative branch of the Gov- be required to take the same oath again. This eminent, by which the law, was enacted; and oath has a meaning,.and was prescribed for an whilst I acknowledge the importance of. the object. We understand that it requires him who principle that res adjudicatc proveritate accipi- takes it to support-the Constitution of the United tur,' yet in this matter I am at perfect' liberty to States as the supreme law of the land, in, all test the. opinion of these five gentlemen by the cases in which its'provisions come into conflict application of that other maxim of the law, testi- with the constitution or laWs of any of the States, moniaponderandasunt,nonnunieranda.e. QTriedhy and in this sense to require a primary and parathis test, it appears to me that the preponderance mount allegiance to the Government of the of authority is not on the side of the doctrine of United States. the Court's opinion on this point. In Fletcher Mr. Magruder has told us that in taking up vs. Peck, 6 Cranch, 87, Chief Justice Marshall arms against the-United States he acted conscisays,: " The question whether a law be void for' entiously, and indignantly repels the imputation its repugnancy' to the Constitution is at'all that he had violated his oath to support the Contimes a question of much'delicacy, which ought stitution. He says that he regarded himself as seldom, if ever, to be decided in the affirmative under "duality of allegiance;" that his first and in a doubtful case."' paramount allegiance was due to his native State, I am oT the opinion, therefore, that the deci- and his secondary and subordinate allegiance sion -of the' Supreme Court in'Garland's case, was due to the United States; and that it was-in even if received as authority and interpreted in this belief, honestly entertained, he went into the its widest latitude, falls far short of requiring rebellion,' in obedience to the call of his State, us to declare our rule void for unconstitutional- although he was himself of the opinion that the ity. Our rule applies only to persons not yet rebellion was without any just au&t. admitted to the bar, and who, therefore, possess He acknowledges to have had no change of no previously acquired right" of which its en- opinion on these points to the present hour. forcement can deprive them. Were we now, with a full knowledge of' these The rule of the Supreme, Court was different facts, to admit him to take this oath, the cerofrom ours. It required patsons already mem- mony would be a meaningless, farce \ we sh-ouUl JUDICIAL OPINIONS. 239 swear him in one sense, whilst he would take that the performance of this duty might be en~tfhe oath in another. forced by mandamus issued from a court having It wouId be well, perhaps, that our rule on jurisdiction. this subject should be so amended as to enable So in the case of Kendall, Postmaster General, gentlemen whose nati-ve States may hereafter vs. Stockton and Stokes, (12 Peters, 527.) An rush into rebellion without just cause to see at act of Congress had directed the Postmaster Genonce the path of their duty, and so relieve their eral to credit Stockton and Stokes with such sums consciences from any embarrassments originating as the Solicitor of the Treasury should find due in fanciful theories about a "duality of alle- to them, and that officer refused to creditthem giance." with certain sums so found due. It was held that the crediting of this money was a mere Opinion of the Supreme Court on the Xississippi ministerial duty, the performance of which Application for an Injunction against the Pres- might be judicially enforced. ident and otfier officers, April 15, 1867.,In each of these cases nothing was left to disChief Justice CHASE delivered the opinion of cretion. There was no room for the exercise of the Court, as follows:. judgment. The law required the performance of A motion was made some days sjince on behalf a single specific act; and that performance, it of the State f Mississippi, for leave to file a. bill was held, might be required by mnandamus. in the name of the State, praying this Court per- Very different is the duty of the President in petually to enjoin and restrain Andrew Johnson, the exercise of the power to see that the laws are President of the United States, and E. 0. C. Ord, faithfully executed, and among those laws the general com m'anding in the district of Mississipi acts named in the bill. By the first of these 1cts and Arkansas, from executing or in any manner he is required to assign generals to comnian iiin carrying out certain acts of Congress therein the several military districts, and to detail- sufnamed. ficient military force to enable such officers to The cts referred to are those of March 2 and discharge their duties under the law. By the March 25, 1867, commonly called the reconstruc- supplementary act other duties are imposed on tion acts.... the several commanding generals, and their duThe Attorney General objected to the leave ties must necessarily be performed under the asked for upon the ground that no bill which supervision of the President, as Commander-inmakes the President a defendant and seeks an Chief. The duty thus imposed on the President injunction against him to -restrain the perform- is in no just sense ministerial. It is purely exance of his duties as President, should be allowed ecutive and political. to hbe filed in this Court. An attempt on the part of the judicial departThis point has been fully argued, and we will ment of the Government to enjoin the performnow dispose of it. ance of such duties by the President might be We shall limit our inquiry to the question pre- justly' characterized, in the language of Chief sented by the objection, without expressing any Justice Marshall, as "an absurd. and excessive opinion on the broader issues discussed in argu- extravagance.' ment, whether in any case the President of the It is true that in the instance before'us the United States may be required by the process, of interposition of the Court is not sought to enforce this Court to perform a purely ministerial act re- action by the Executive under constitutional quired by law, or may be held answerable, in legislation, but to restrain such action under any case, otherwise than by impeachment, for legislation alleged to be unconstitutional. crime. But we are unable to perceive that this cirThe single point which re quires consideration cumstance takes the case out of the general prinis' this: Can the President be restrained from ciple which forbids judicial interference with the carrying into effect an act of Congress alleged to exercise of executive discretion. be unconstitutional?'It was admitted in the argument that the apIt is assumed by the counsel for the State of plication now made to us is without a precedent; Mississippi that the President, in the execution and this is of much weight against it. Had it of the reconstruction acts, is required to perform been supposed at the bar that this Court would a mere ministerial duty. In this assumption in any case interpose to arrest the execution of there is, we think, a confounding of the terms an unconstitutional-act of Congress, it can hardly "ministerial" and "executive," which are by be doubted that applications with that object no means equivalent in import.' would have been heretofore addressed to it. OcA ministerial duty, the performance of which casions have not been infrequent. may in proper cases be required of the head of a The constitutionality of the act for the annexdepartment by judicial process, is-one in respect ation of Texas was vehemently denied. It made to which nothing is left to discretion. It is a, important and permanent changes in the relasimple, definite duty, arising under conditions tive importance of States and sections, and was admitted or proved to exist or imposed by law. by many supposed, to be pregnant with disas-'The case of Marbury vs. Madison, Secretary trous resudlts to large interests in particular of State, furnishes an illustration. A citizen had States. But no one seems to have thought of an been nominated, confirmed, and appointed a jus- application for an. injunction against the executice of the peace for the District of Columbia, tion of the act by the President. and his commission had been made out, signed, And yet it is difficult.to perceive upon what and sealed. Nothing remained to be done except principle the application now before us can be delivery, and'e duty of'delivery was imposed allowed, and similar applications in that and by law on IthM-ecretary of State. It was' held' other cases could have been denied. 240 POLITICAL MANUAL. Ther fact that no such application was ever the execution of an act of Congress by Andrew before made in any case indicates the general Johnson is relief against its execution by the judgment of the profession that no such applica- President. A bill praying an injunction against tion should be entertained. the execution of an act of Congress by the inIt will-hardly be contended that Congress can cumbent of the presidential office cannot be reinterpose, in any case, to restrain the enactment ceived, whether it describes him as President or of an unconstitutional law, and yet how can the simply as a citizen of a Stat. The motion for right to judicial interposition to prevent such an leave to file the bill is therefore denied. enactment, when the purpose is. evident and the In the case of The State of Georgia against execution of' that purpose certain, be distin- certain officers, the Attorney General makes no guished in principle from the right to such in- objection to the policy of the bill, and we will, ter'position against the execution of such a law therefore, grant leave to file that bill. by the President? Mr. Shakey. If the Court please, the objecThe Congress is the legislative department of tion to the bill which I attempted to file seems the Government; the President is the executive to b that it is an effort to enjoin the President. department. Neither can be restrained in its The bill is not filed, and I can reform it to suit action by the judicial department, though the thepresent it again. acts of both, when performed, are in proper The Chief Justice. Leave to file the bill is recases subject to its cognizance. fused. When another bill is presented it will be The impropriety of such interference will be considered. clearly seen upon considerationof its probable | cleary seen upon considerationofitsprobable Mr. Sharkey. Do I understand the Court to -ccsequences. sy that the application can be made on Th rs-'Suppose the bill filed and the injunction day? prayed for be allowed.. If the President refuse The Chief Justice. On Thursday. obedience, it is'needless to observe that the'Court This subpoena was issued in the case, April 16, is without power to enforce its- process. If, on 1867: the other hand, the President complies with'the The State of Georgia, complainant vs. Edwin order of the -Court, and refuses to execute the act- M.Stanton, Ulysses S. Grant, and John Pop, of Congress, is it not clear that a collision may defendants. Inequity. occur between the executive and legislative de- The President of, the United States to Edwin AL partmeits of the Gover'nment? May not the Stanton, Ulysses S. Grant, and John Pope, House of Representatives impeach the President greeting: for such refusal? And in that case could- this For certain causes offered before the Supreme Court interpose in —behalf of the President, thus Court of the United. States, holding jurisdiction endangered by compliance with its mandate, and in equity, you are hereby commanded that, layrestrain by injunction the Senate of the United ing all other matters aside, and notwithstanding States from sitting as a court of impeapbment? any excuse, you be and appear before the said Would the strange spectacle be offered to the Supreme Court, holding jurisdiction in equity, public wonder of an attempt by this Court to ar- on the first Monday in December next, at the rest proceedings in that court? city of Washington, in the District of Columbia, These questions answer themselves. It is being the present seat of the National Governtrue that a State may file an original bill in this ment of the United States, to answer unto the Court; and it may be true, in some cases, such bill of complaint of the State of Georgia in.the a bill may be filel against the United States. said Court exhibited against you. Hereof you But we. are fully satisfied that this Court has no are not to fail at-your peril. jurisdiction of a bill to enjoin the President in Witness: The Honorable SALMON P. CHASE, the performance of his official duties, and that Chief Justice of the said Supreme- Court, at the no such bill ought to be received by us.. city of Washington, the first Monday of DecemIt has been suggested that the bill contains a her, in the year of our Lord one thousand eight prayer that if the relief sought cannot be had hundred and sixty-six, and of theIndependence against Andrew Johnson as President, it may be of the United States of America the ninety-first. granted against Andrew Johnson as a citizen of D. W. MIDDILETON, Tennessee. But it is- plain that relief against Clerk of the Supreme Court of the U. S. RESOLUTIONS OF NATIONAL AND STATE CONVENTIONS. Of the Philadelphia Fourteenth of August Con- delegates from every State and Territory in the vention. Union, admonished by the solemn -lessons which, They "were reported August 17th, by Hon. for the last five years, it has pleased the Supreme Edgar Cowan, chairman of the committee on Ruler of the Universe to give to the American resolutions, and were unanimously adopted: people; profoundly grateful for the return of DECLARATION or PRINCIPLEs, peace; desirous, as are a large majority of their The National Union Convention, now. assem- countrymen, in all sincerity, tolrget _and forbled in the city of Philadelphia, composed of give the past; revering the Constitution as it RESOLUTIONS OF CONVENTIONS. 241 comes to us from our ancestors; regarding the 8. While we regard as utterly invalid, and Union in its restoration as more sacred than ever; never to be assumed or made of binding force, lookiag with'dee anxiety, into the future, as of any obligations incurred or undertaken in makinstant and continuing trials,, hereby issues and ing war against the United States, we bold the proclaims the following declaration of principles debt of the-nation to be sacred' and inviolable; and purposes, on which they have, with perfect'and we proclaim our purpose in discharging this, unanimity, agreed': as in performing all other national obligations, to 1. We hail with. gratitude to Almighty God maintainunimpaired and unimpeached thehonor the end of the war and the return of peace to and the faith of the'Republic. our afflicted and be.loved land. 9' It is the duty of the national Government.2. The war just closed has maintained the to recognize the services of the Federal soldiers authority of the Constitution, with all the powers and sailors in the contest just closed, by meeting which it confers ad allthe restictios which promptly and fully all their just and rightful imposes -upon- the~~ General Government, una- claims for the services they have rendered the bridged and unaltered, and it has preserved the nation, and by extending to those of them who UniQn, with the equal rights, dignity, and au-. have survived, and to; the widows and orphans thority of the States perfect and unimpaired. of those who. have fallen, the most generous and 3. Representation in the Congress of the United considerate care.. States and in the electoral college is a right recog- 10. In Andrew. Johnson, President of the Uniniz dby -the Constitution as abiding in fvery ted'States, who, in his great office, has proved State, and as a duty imposed upon the people, steadfast in his devotion to the Constitution, the fundaental in its nate, and essential to the laws, and interests of his country, unmoved by existence. ofour republican institutions, and persecution and undeserved reproach, having neither. Congress nor the'General Government faith unassailable in the people:and in the prinhas any authority or power to deny this right to ciples of free government, we recognize. a Chlief any State or to withhold its enjoyment under Magistrate worthy of the' nation, and equal to the Constitution from the people thereef.'. the great crisis upon which his lot is cast; and 4. We call upon the'people. of the United we tender to him in the discharge of his high and States to elect to Congress as members thereof responsible duties, our profound respect and asnone but men who admit this fundamental right surance of our cordial and sincere support. of.representation, and who will receive.toseats', - therein loyal representatives from, every State in Of the Philadelphia Convention of Southern Loys allegiance to, the United States, subject to the alists. constitutional right of each House to judge of They were reported by Hon. Andrew J. Hamthe elections, returns, and qualifications of its ilton, of Texas, chaiAnan of the committee on own members. resolutions, and unanimously adopted': 5. The. Constitution of the United States, and' 1. That the loyl people of the'South, cordithe laws made in pursuance thereof, are the'su-: ally unite with the. people of the North in preme law of the land, anything in the consti- thanksgiving to Almighty God, through whose tution or laws of any State to the contrary not- will a rebellion unparalleled for its causelessness, withstanding. All the powers not conferred by its cruelty, and its. criminality has. been overthe Constitution upon the General Government, ruled to the'vindication of the supremacy of the nor prohibited by it to the States, are reserved Federal Constitution over every State and Terto the States, or to the people thereof; and ritory of'the Republic. among.the rights thus reserved -to the States i^ 2.,That we demand now, as we have -de-the right to prescribe qualifications for the elec- manded'at all times since the cessation of hostilitive franchise therein, with which right Congress ties, the restoration of the States in which we cannot interfere. No State, or combination of live to their old relations with the Union, on the States has the right to withdraw from the Union, simplest and fewest conditions consistent with or to exclude, through their action in Congress the protection of our lives, property, and politior otherwise, any other State pr States from the cal rights,'now in jeopardy from the unquenched Union. The Union of these States is perpetual. enmity of rebels lately in arms. 6. Such amendments to the Constitution of 3. That the unhappy policy pursued by Anr the United States may be made by the people drew Johnson, President of the United States, thereof:as they may deem expedient, but only in is, in its effects upon the loyal people of' the the mode pointed out by its provisions; and in South, unjust, oppressive, and intolerable; and proposing such amendments, whether by Con- accordingly, however ardently we desire to see gress or by a convention,.and in ratifying the our respective States once more represented in,same, all the States of the Union have an equal the Congress of'the nation, we would deplore and an indefeasible right to a voice and a vote their restoration on the inadequate conditions thereon.' prescribed by the President, as'tending not to 7. Slavery is abolished and forever prohibited, abate, but only to magnify the perils and sorand there is neither: desire nor purpose on the rows of our condition. part of the southern-States that it should ever -4. That with pride in the patriotism of the be re-established upon the soil, or within the ju- Congress, with gratitude for the fearless and perrisdiction of the United States; and the enfran- sistent support they have given to the cause of chised slaves in all the States of the Union should loyalty, and their efforts to restore all the States receive, in common with all their, inhabitants, to their former, condition as States in the Ameriequial protection ina every right of person and can Union, we will stand by the positions taken property, by them, and use all means' consistent with a 16 242 POLITICAL MANUAL. peaceful and lawful course to secure the ratifica- cible soldiers arid sailors " who made the grand tion of the amendments to the Constitution of army and navy of the Republic to be true to the United States, a s proposed by the Congress the principles for which, they fought, we pledg at it recent session, and regret that the Con- them that we will stand by them in maintaining gress, in its-wisdom, did not provide by law for the honor due the saviors of the nation, and in the greater security of the loyal people in the securing the fruits of their victories. States not yet admitted to representation. 14. That, remembering with profound grati5. That thepolitical power of the Government tude arid love the precepts of Washington, we of ~the United States in the administration of should accustom ourselves to consider the Union public affairs is, by its Constitution, confided to as the primary object of our, patriotic desire, the popular or law-making department of the which has heretofore sustained us with great Government. m-power in our love of the Union, when so many 6. That the political status of the States lately of our neighbors in the South were waging war in rebellion to the United States Government, for its destruction; our deep andabidinglovefor and the rights of the-people of such States, are the memory of the Father of his Country and political questions, and are therefore clearly for the Union ig more deeply engraven upon our within the control of Congress to'the exclusion hearts than ever. of the independent action of any and every After the adjournment of this convention, the othev; department of the Government.' loyalists of the non-reconstructed States met an,d 7. That there is no right, political, legal, or adopted an address, closing with this declaraconstitutional, in any State to secede or wth- tion: draw from the Union; that they may, by wicked "We affirm that the loyalists of the South look and unauthorized revolution and force, sever the to Congress with affectionate gratitude and conrelations which they have sustained to the Union; fidence, as the only means to save us from perand when they do so, and assume the attitude of secution, exile,'and death itself; and we also'depublic enemies at war with the Unitea States, clare. that there can be no'securty for us or ou they subject themselves to all the rules and prin- children; there can be no safety for the country ciples of international law, and the laws which,against the fell spirit of slavery, now organiz are applicable to belligerents, according to modern in the form of serfdom, unless' the Government, usage. by national and appropriate legislation, enforced 8.,~Ta. we are unalterably in favor of the by national authority, shall confer on every citiUnion'of the States, and earnestly desire the zen in the States we represent the American birthlegal and speedy restoration of all the States to right of impartial suffrage and equality beforo their proper places.in the,Union and the estab- the law. This is the" one all-sufficient remedy. lisbhment in each of them of influences of patri- This is our great need and pressing necessity." otism and justice by whichi'the whole nation The vote was as follows: TEXAS, 10 yeas; shall be combined to carry forward triumphantly LouisiANA, 14 yeas; VIRGINIA, 28 yeas, 3 nays the principles of freedom and progress, until all GEORGIA, 8 yeas, 1 nay; ALABAMA, 2 yeas, 3 men of all races shall.everywhere beneath the nays; MIssIssIPPI,. I yea; ARKANSAS, 2 yeas; flag of our, country have accorded to them freely NORTH CAROLINA, 1 yea, 2 nays; FLORIDA, 2 all that their virtues, intelligence, industry, pat- yeas, I nay. - riotism and energy mav entitle them to attain. 9. That the organizations of the unrepresented P~ttsburgh Convention of Soldiers and Sailors, States, assuming to be State governments,' not September 26, I18Q. having been legally established, are not'legiti- Gene/al Benjamin F.'- Butler reported these mate governments until reorganized by Congress. resolutions, which were adopted unanimously: 10. That the welcome we have Deceived from By the soldiers" and sailors of the army. and the loyal citizens of Philadelphia, under the navy of the United States, in convention assem.roof of the time-honored Hall in which the Dee- bled, be it laration of Independence.was adopted, inspires Resolved, That the action of the present Coons with an animating hope that the principles gress in passing the pending' constitutional of just and equal government, which were made amendment is wise, prudent, just. It clearly the foundation of tke Reptblic at its origin, shall defines American citizenship, and guaranties all become the corner-stone of reconstruction. his rights to every citizen. It places on a'just 11. That we cherish with tender hearts the and equal basis, the right of representation, memorv of the virtues, patriotism, sublime faith, making the vNote of a man in one State equally upright Christian life, and generous nature of the potent with the vote of another man in any martyr President, Abraham Lincoln.' State. It righteously excludes from places of 12. That we are in favor of universal liberty honor'and trust the chief conspirators, guiltiest' the world over, and feel the deepest -sympathy rebels, whose perjured crimes have drenched the.ith the oppressed peoples of all countries in land in fraternal blood. It puts into the very their struggles for freedom and the inherent right frame of our Government the inviolability of the of all men to' decide and control-for themselves national debt and the nullity forever of all oblithe character' of the government under which gations contracted in support of the- rebellion. they live.' 2. That it is unfortunaate-for the country that 13. That'the lasting gratitude of the. nation is these propositions have not.been received in the due th.e menwho bore the hardships of the bat- spirit of conciliation, clemency, and fraternal tle, and, in covering themselves with imperish- feeling in which they were offered, as they are able glory, hav-e saved to the world its hope of the mildost terms ever granted to subdued rebels. free government and relying upon the " invin- 3. That the President, as an executive officer, RESOLUTIONS.OF CONVENTIONS. 243 has no right to a policy as against the legis- who had sealed with their life-blood their devolative department of the G-overnment; that tion to the sacred cause of American nationality, his attempt to fasten his scheme of reconstrIu- and determined now as heretofore, to stand by tio'n upon' the-country is as -dangerous as it is the principles for/which their glorious dead have unwise; his acts in sustaining it have retarded fallen, and by which the survivors have triumphthe restoration of peace and unity; they have ed, being assembled! in National Mass Convenconverted conquered rebels into: impudent claim- tion in the city of Cleveland, Ohio, this 17th day ants to rights which they have forfeited, and of September, 1866, do resolve and declareplaces which they have desecrated.'If consum-'1. That we: heartily approve the resolutions mated, it would render the sacrifices of the na- adopted by the National Union Convention held tion useless, the loss of the lives of our buried in the city of Philadelphia, on the 14th day of comrades vain;, and the war in whidh we have August last, composed of delegates representing so gloriously triumphed what his present friends all the States and Territories of the United at Chicago in 1864 declared to be a failure. States. 4.-Thatthe right of the conqueror to legislate 2. That our object in taking up arms to supfor the conquerid has been recognized by the press the late rebellion was to'aefend and maintain public law of all civilized nations; by the oper- the supremacy of the Constitution, and to pre~ation of that law for the conservation of the serve the Union with all the dignity, equality, good of the whole country, Congress has the un- and rights of the several States unimpaired, and doubted right to establish measures for the con- not in any spirit of oppression, nor for any perduct of therevolte States,and topass all acts pose of conquest and subjugation; and that of legislation that are necessary for the complete whenever there shall be. any armed resistance to restoration of the Union.'the lawfully constituted authorities of our na5. That when the President claims that by tional Union, either in the South or in the N-orth,'the aid of the army and navy he, might have in the East or in the West, emulating the selfmade himself dictator, he ins'ulted every soldier sacrificing patriotism of our revolutionary foreand sailor in the Republic., He ought distinctly fathers, we will again pledge to its support "our to understand that the tried patriots of this na- lives, our fortunes, and our sacred honor." tion cannever be used to overthrow'civil liberty, or- popular government.' STATE CONVENTIONS, 1867. -6> That the neutrality laws should be so amended as to give the fullest liberty to the cit. Connecticut. izen consistent with the national faith.; thatthe REPUBLICAIN, JANUARY 24. great Union Republican party is pledged to esus- 1.'.That the r,esult of the elections of the last tain liberty and equality of rights everywhere, autumn affords new proof of'the devotion of the and-therefore we tender'to all peoples.sti~uggling American people to~ the fundamental principles for freedom our sympathy and cordial co-opera-. of free government, ard of their determination tion. to establish and confirm a Union based upon 7. That the Union men of the South, without those principles only; that we congratulate each distinction of race or color, are entitled to the other and the country upon that auspicious regratitude of every loyal soldier'and sailor who sult, and pledge ourselve~ that Connectic'ut,;in served his colntry in suppressing the rebellion, this respect, shall emulate the example of h r and that in }3heir present dark hours of trial, loyal sister States. when they a ~e being persecuted by thousands, 2.. That the pending amendment to the Fedsolely because they arenow, and have been, true eral Constitution, in the generous magnanimity to the Government, We willunot prove recreant of the terms which it proposed to the late insurto our obligations,but will sAnd by and protect gents, deserved and should have receivied their with our lives,ifnecessary, those brave men grateful recognition; that its -rejection by them who remain true to us when all around are false proceeds from a' still prevailing spirit of rebel-.and faithless. lion, and imposes upon the national authority 8. That in reorganizing. the Army justice to the duty of establishing the Union upon none the volunteer officers and soldiers demands that other than just and durable folundations; that, faithful and efficient service in the field ought in so doing, loyalty to the Republic should be ever to have place in the army and navy of the recognized as the first of political virtues, and Uniqn. disloyalty as the worst of political crimies, and that the protection of all citizens throughout Cleveland Conlventionof Soldiers and Sailors, the Republic in the exercise of all the rights and September 18, 1866. immunities guarantied by the Constitution should Col. L. D. CAMPBELL reported these resolu- be inviolably secured. tions, which were'adopted unaninonsly: 3. That the only just basis of human governThe Union soldiers and'sailors who served' in ments is the consent of'the governed; that, in a the army and navy of the United States in the representative republic, such a consent is ex-recent war for the' suppression of the insurrec- pressed through the exercise of the suffrage by tion, the maintenance of the Constitution,'the the individual citizen, and-that the right to that Government, and the flag of the Union, grateful exercise should not be limited by distinctions of to Almighty God for His preservation of them race or color.' through the perils and hardships of war, and for 4. That in any revision of the'revenue system His mercy in crowning their efforts with victory, the duties upon-imports should be adj-usted with freedom, and peade; deploring the albsence from a view to the encouragement of American industheir' midst of many brave and faithful comrades try,- without irwairing the public revenue, and 244 POLITICAL MANUAL. that the bu.rdens now imposed by internal tax- proper and unobstructed exercise of their atior should be alleviated as far as possible, and diction:" Therefore, especially by\the reduction of. existing taxes esolved, That each nd all of the States tha upon incomes arid sales. in armed oppositio to the author-.5. That in the administration of Stthate polUnited States, havwe are in favor of a rigid.economy in expendi- ing ceased such opposition, are now entitled to tures, and permanent provision for.the steady representation in' the Congress of the United reduction and final payment of the State debt. States, and to all other rights and privileges ap -6. That the Republican-party is identified' in pertaining to the States of the Union. its history, and by its; essential principles, with 2. That the Congress in the rights, the interests, and the dignity of labor;'its present exclusion of the- Senator and Reprethat by all the record. of that history and all the sentatives ofsaid States; in its open and avowed Sanctity of those principles it is'bound in sym- determination to destroy the organization and pathy with the toiling masses of society,. of subvert the authorities of said States, violates whom is composed the great'proportion of its and ndermines the Constitution of the United number, and that the workingmen of Connecti- States, attacks the very principles that lie at the cut will receive at its hands'every needed legis- foundation of our system of.government, and,lative remedy of the evils of which' they corm- ttikes a fatal blow at.the financial andcommeriplain:.. cialnd industrial interests of the entire people 7. That the present. slutary law concerning of-theUnion. the employment of children in manufactories 3. That the Congress of the United States, in:and education of. such children should be ren- all itslegislation,.in its act levying internal dered more efficient in its operation and more taxes upon all the States including the said rigidly enforced. States expressly by name; in its act prescribi 8. That the Republican party regards with the number of Representatives in Congress for earnest solicitation the struggles of oppressed alltheStates;initsactin submitting the connationalities toward independence and purer stitutional amendment abolishing slavery to all liberty, and that it extends its earnestSympathy the States.; initsactof last session, submitting to Crete, to Ireland, and to Mexico, in their another proposedconstitutional amendment to heroic efforts to liberate themselves from hated'all th oint resolution, passed foreign dominion..with almost entire, unanimity,declaring the'ob9. That the so-called -Democratic Convention. ject of the war to be todefend and maintain at New Haven, by its malignant spirit of hos- theofthe Constitution, and to pretility to the Federal authority, its deliberate at-' serve the'Union with all' the dignity, equality, tempt to renew the horrors of civil war,. and its and rights of the severalStates unimpaired; sanction of the treasonable utterances of its more arid in otherI acs has uniformly, fromthecom^ prominent members, deserves, and should receive, mencement. of the civil war to-the present time,'the unqualified condemnation of every lover of in the most deliberate manner, recognized said of.theNational Union. States as existing States, and as States in the 10. That a grateful people will, never forget Union. or cease to revere the heroic soldiers arid sailors'4. That the executive department of the Unixwho, during the dark days of the rebellion, de- ted States, by its. proclamations, itsadministravoted their strength,theirconstancy,'and their. tive action, and in' its diplomatic intercourse valor to the overthrow of an unholy'rebellion, with foresgh. Powers, has uniformly recognized,and rescued the country from its peril, and es- all the said States as''existing States, and as tablished the Government on the rock of iniver- States in the Union. sal liberty. 5. That the judicial department of the United 11..That we heartily recommend to the peo- States, including the Supreme Court at Washingple of this commonwealth the gentlemen nomi- ton, the circuit courts in'the several circuits, and nated by this Convention for State officers, and the district courts in their respective districts,'pledge ourselves to their cordial support and has uniformly recognized the said States as extriumphant election. isting States, and as States in the Union. DEMOGRATIO,' JA.TxUARY 8. 6. That this repeated recognition of said States Whereas, it becomes a free and intelligent peo- a existing States, and as States in the Union, plejustly jealous of their rights and liberties, by the executive, judicial, and legislative deto frankly and fearlessly assert theirviews upon partments of the Government, leaves no quesll great and important public questions; and to ta t exclsion of'these States'from ConWhereas, when armed resistance to the author- gress, governing them anid taxing them without ity of the United States ceased each of theseveral reprsentation,is not only a violation of the States that had been' in antagonism to the Gov- Federal Constitution in its most essential part, emiment became, by the inherent force of the a tyranny as defined bytheDeclarationof Constitution and th6 fundamental principl'esupon Independence, but \a most flagrant breach of which our system of government'is based,/rein- public faith, alike prejudicial to the best interstated and restored to''all their rights and privi- ests and to the honor of the country.'leges' and'''7. That in the Supreme Court of the United Whereas, the Supreme Court of-the United States we possess a tribunal that may be justly States has declared'that if military government termed the bulwark of republican liberty, and is continued after the courts are reinstated it is in thelanguage of its eminent jurists, a gross usurpation of power. -Martial rule can "The Conetitution oftheUited.Statesielawfor rulers exist where the1.1." courts' open andint and people, equally in war and in peace, and covers with never exist where the courts a*ope. and in the its shield of protection all classes of men under ad-circum. RESOLUTIONS OF CONVENTIONS. 245 es" * * "No dotre involvingore pernicious in all sections of the Republic, to accept the cirs e s ean at cumstances which have resulted from war; to geat exisencieso goerument, Such'doct~riine leads di- endeavor by all means consistent with honor to, vectly to anarchy or despotism. But the theory ofnecessity, adapt thomsolves to the now status thus croated, ait,,adapt themselves to the new status thus created pn which thisis ased, is false, for the gov ment within and to conform to it both in legislation and in the Constitution hias the powers granted to it which are e necessary to preserve its existence.". personal and official regard for each other. As Thus, the Supreme Court of the United States to political supremacy, we are content to await oh he hour when the fury of passion gives place to in 1866, vindicates and sustains the positions thehourwhenthefuryofpassiongivesplaceto y of the temperance of reason, and the bitterness of Connecticut in convention in 1863.'.ilate is lost in the lapse of. time. 8. That after solemn deliberation, it is the,ra opinion of this convention that the suggestion of Maryland. REPUBtICAN,, FEBRUARY 27. our-conservative brethren of Kentucky, that a REPBI~IcI, FEBRUARY 27. convention of the Democracy and allconstitu- Whereas the present state of national afirs,. onl Union men of the thirty-six Sttes shoul and the action of the coalition which, by the be called without delay by the Na mo- treachery of. Governor' Swann, now usurps the cratic ommittee; and we respectfully sutest power of the State, have caused this assembling.New of the Unconditional Union men of Mawryland, that said convention meet in the city of New of theUnconditionalUnion men of Mayland, vise and render proper a clear, utterance-on all the and counsel upon the great questions' that. agi- issues of the times: Therefore, rev- ~Resolved, by the Republican Union party-oj tate the public mind;. to protest, against the rev- Resoled,bytheRepublcan Unonparty',resMaryland, in State Convention assembled, That olutionary and unconstitutional acts of the pres- Maryland, i Stats Convention assembled, Tha the we cordially approve. the reconstruction bill deterni'nation of the conservative men of the which has been passed by Congress, and that we Union; to resist and oppose by constitutional declare the principles of impartial manhood sufates frage contained therein to be the only secure exercise of power the disorganization of States f containedthereitobe the onlyere basis of reconstruction, and that the time has 9. That the thanks of every pState is denired mxanded by every consideration of right and in-. are eminently due the Presided of the United manded by every consideration of right and in~tiveterest. States for his repeated exercise of the Executive terest. power in behalf of the Constitution and the 2. That we hail the result of the late elecghts of the States; tion in Georgetown as a practical proof of the our wisdom of Congress, and as the omen of loyaJ Eupport in all his future efforts to the same noble wisdom of Congress as the omen ofloya end.i-~~~~~' ~~control over all the. South. 3. That the convention bill now before the Rhode Island. Legislature is in conflict with the -existing conDEMOCRATIC, MA xCH 11 stitution, and can be made valid only by the asI. That frequent innovations. upon our laws sent of the people of the State and the Governare pernicious, as tending to confuse the minds mentof the United States; and that no change of the'people and destroy that reverence for le- of the existing constitution can or shall be made, gal authority which is essential to the perpetuity or ought to be.recognized by Congress, which is of the State and the safety of the citizen. not made by impartial manhood suffrage, with2. That we regard the judiciary as the shield out respect to color.' of the people against the pnwise or arbitrary acts 4. That we request the Republican members of popular or official passion, *id that. any at- of the State Senate to prepare an amendment tempt to weaken or override the authority of to saidbill basing representation upon populaour courts, or to detract from their dignity, im- tion and submitting the question of a convenperils thvery existence of the Republic. tion to all the male`citizens of the State, and 3. That after an exhausting. war our whole providing for a new State government on the energy should be. turned to the development of basis of impartial manhood suffrage;, and that all our internal resources and'to the increase of we shall insist that any change in.the constituour commerce;. that our system of taxation ought lion shall be made upon this' basis, and that no to be so adjusted'as to bear equally upon all State government now erected without impartial classes of the community and all sections of the manhood suffrage ought to be considered repubcountry, to necessitate the least expense in col- lican; and that, in the event of the passage of lection, and relieve hs rapidly as possible the thieoppressive and anti-republican bill now beburden of debt; that our laws ought to be so fore the Legislature, we will appeal to Congress framed as to require the smallest possible number to provide for the assembling of a convention in of officials in their execution, since a multiplicity this State on the basis of the reconstruction bill, of offices begets arrogance and corruption in'the and to organize a loyal State government with holders, and discontent in the people, wlio un- impartial suffrage. willingly lavish that money upon the leeches on 5. That further to carry out the object of the the body politic which should go to nourish the foregoing resolutions, this convention, when it body itself. adjourns, stands adjourned to meet'at the call 4. That the Democratic party, having'spent of its president, on such early day after the admubch of its blood in a struggle to'preserve the journment of the Legislature as the president Uhion, will watch earnestly and anxiously and may by public notice direct, and in. the event of labor patiently for the same great end -in the the president being prevented by any cause fronm present not less terrible, though bloodless, con- acting, the chairman of the State Central Comtest, We believe it toebe the duty of all people, mittee be empowered to make'such call. 2.46 POLITICAL MANUAL. REPUBLICA.N, MARCi 27.! 2. That we will oppose anynew constitution Whereas the Legislature of Maryiand has since setup in subversion of the existing constitution the aadjournment of this Republican S'tate Con- under the convention bill which does not express vention on the 27th of February, passed the con- the will of the majority of the people with vention bill, in regard to which this convention regard to color, and that we will, with the aid bas already in previous resolutions declared its of the loyal represe i judgment, and this convention is now reassem- byr, resst and destroy jled as provided, for by its fifth resolution on any such constitution as arevolutionary usurpathe contingency of the passage of said conven- tion. tion bill: Therefore, 3. That we will take no part in the *proachResolved, That we return our thanksto the ing election for delegates to a constitutional con-.Republican members of the. General Assembly vention further than to recommend a general for their memorial to Congress presented to that vote of the Republicans of the State against the body on the 25th of March., and this convention call for a convention, and to rse every lawful in behalf of the majority of the people of Mary- means in their power to defeat the call. land appeal hereby to the Congress of the United 4. That should the call be sustained byamaStates to grant the request of that memorial. ilered population is equal to o *greater than the white. The House of Representatives of * The iemorial is as follows: the United States has already passed a resolution of inquiry "lb the Honorable Senate and House of Representatives of the whether the present constitution of this State is now repub"United States:,' lica nd since the colored man is now a citizen, it may " The undersigned, members of the General Assembly of welhether a State which excludes for Maryland, respectfully present this memorial to your hon- crim nts population who are citizens is r orable body on the condition of public affairs in this State, publican. This General Assembly has inaugurated how ta which they ask thle immediate consideration of the nillgal representations tional legislature. The General Assembly of Maryland is made in the bill itself actually now accomplishes not only about to adjourn, after a session asmemorable for evil and the exclusion of this population from sufrage, iut also as important to the country as that which consigned the givesthedisloyalpopulationarepresentationforthem. legislature of 1861 to the casemates of Fort Warren. Elected "The present judiciary ofIthe State is for the most par in great part by the deliberate violation of the election laws loyal and one object of this movement is to legislate out all of the State by the votes of men who were in active accord the remaining loyal officers whom they have not already.with the rebellion, and,whose hatred to the Government removed, and place ex-rebels, perhaps brigadiers and colo. rendered the presence of military force during the war ne- nelsof the rebel army, in their places Not satisfied with cessary to prevent their active aid to- the rebels in arms, and the pardon and the charity which Union me h ex. in spite of which they did give large aid in men and money, they have commenced a reaction against the results they have marked their session by a series of acts to which of the war, and determined on apolicy which, if unchecked. we desireto cal loyal yourattention. s in its placedes "The rebels of NMaryland sent South during the war some by traitors, and flagrantl anti-republican, an places an 20,000 soldiers to the rebel army. These men have nearly armed militia of disloyal men and a minority, government all returned, and an emigration from the South since the of rebel syI spathizers and rebels in the complete possession vwar has largely added to their number. By doubtful con- of this State. struction of a clause of the existing coustitution, this Gen- ~ "While the South is about to commence a career of free. oral Assembly, thus elected, has enfranchised all white dom and progress, these moe, untaught by the lessons of the pen,e no matter what teeson they have commtted, and past, havy determined, by the forms of law, but in real vioe thus have added to the ^oting population about 00,000 per- lation. of both the State and Federal law, to put tthis. State eons who have only lately ceased an airmed resistance to the back into a condition of darkness and slavery. These acts, Government. Not satisfied with this, they have just passed. we submit, are in violation of State and natidkai law, opa militia bill, which, in direct defiance. to the present consti- pressive, revolutionary, amid dangerous to the order and peace tution of the State, has made all white rebels, no matter of this nation. The Union men of Maryland are groaning what their previous treason, part of the militia force. They under this tyranny; they are now oppressed by verdicts of have, by deliberate vote, refused to exclude, even from the' disloyal' juries in many counties; immigration to the State, lighest office under this law, any'person, no matter what except from the South; is stopped, and many loyal men are his rank in the rebel army, and they ire about to put in deliberating upon leaving the State. The most, however, force this law, the effect of which is against our own consti- are ready, by all personal means, and at all personal haz. tirtion and the army laws of Congress, and which puts in ards, to resist this inkmous attempt at oppression. the rear of the capital an armed force, composed largely of "The danger of bloodshed is imminent and the times are the same men who have just been forced to cease armed at- perilous. We call upon Congress not to adjourn before settempts to capture the capital. thimg this grave matter which, if not settled, may startle'"One great object of this bill is to better carry out the them in their recess by something worse than the massacre scheme of revolutionizing the government of, the State, at New Orleans, although not so unequal and one-sided, abolishing the existing constitution, and makimg another, We earnestly ask, on the part of the majority of the people ptill more firmly fastening on the necks of loyal people the of Maryland, deprived of legal voice except through us, a ^okeof rebel control. The present constitution of Mary- minority of the General Assembly, that Congress will guar. -and, while it does not allow colored suffrage, does not give anty to us a republican form of government on the only to the late masters the right to represent in the legislature basis of right, truth, and peace-impartial suffrage, withoul their disfranchised freedmen. It bases representation on.respect to race or color, as it has already guarantied it to white population. These conspirators, not satisfied with the southern States. controlling the legislative and executive departments, have CuRTIs DAvIS, Senator from Caroline. passed a bill calling an election for a constitutional conven- CHARLES E. TRAIL, Senator from Frederick. tion on the 10th day of April, the convention to meet on the JACOB TOME, Senator from Cecil. second Monday of May, 1867. This they have done, although ELIAS DAvis, Senator from Washington. the constitution provides that the legislature shall pass no HART B. HOLTON, Senator from'Howard. laws providing for a change in the existing constitution ex- JAMEs L. BILLm NGSLEA, Senator from Carroll. c-eptin the mode therein prescribed; and although the con- EDWARD P. PHILPOT, Senator from Baltimore county. stitution regulates' the representation in any convention DANIEL C. Beucm, Delegate from Allegany. called to make a new constitution by fixing it the same as JONATHAN TOeBEY, Delegate from Washiington. that of each county in the General Assembly, they having A. t. APPLEMAN, Delegate from Washington. fixed an arbitrary basis of representation which, while it THOMAS GOR'scH, Delegate from Frederick. excludes the colored man from the ballot-box, gives to the J. P. BisHoP, Delegate from Washington. old worn-out counties, which were as rebellious as South BENJAMIN POOL, Delegatefrom Carroll. Carolina, an increased representation, by which the oppres- JAMFS V. CRISWELL, Delegate from Carroll.' soris to represent the oppressed against his'will, and by JOHN L. LiNmTHIOos, Delegate from IFrederick. which a minority of the people of the State are to hold in J. R.. RoZEuit, Delegate from Frederick. their proposed convention, the same power as the. majority. HENiRY BAKER, Delegate from Frederick. The State of Maryland' has at presenib a col'ored population R. C. BAMFORD,'Delegate from Washington, of at least 200,000, and by eniigrationuincle the wvar perhaps S. R. GOnE, Delegate from Carroll." 250,000, making a voting population of from 40,000 to 50,000. This memorial was signed by all the Republican memberi In mnost of the countieswhosd'representation has thus been who were present at Ann.apolis when it wa sigied. RESOLUTIONS OF CONVENTIONS. 247 jority of the voters, that the State eitral Corn- the federal Constitution; that -all other powers iittee, bn ascertaining that result, isslue a call are reserved to the States or the people; that a for district meetings to be held in every election strict construction of the Constitution is indisdistrict in the State, for the choice y ballot, on pensable to the' preservation of the reserved the basis of universal manhood suffrage, of dele- rights of the States and the people; that all gates to a State constitutional convention, each grants of power to Government, whether State county an'd the city of Baltimore to elect the or federal, should be strictly construed, because number to which they may be en'titled under the all such grants abridge the natural rights of men; present cons'titution of the State.' that the pireservation' of the equality and rights 5. That said' State constitutional: convention, of'the State and the rights of the people is necesif called, shall assemble in the city of Baltimore sary to the preservation of the Union; that the on the first Wednesday in June, and proceed to Federal Government is unfitted to legislate for,. form a constitution, based on universal manhood or administer the local concerns of, the States; suffrauge..that it would be monstrous that the local affairs 6. That courage, wisdom, and action, are all of Ohio should be regulated by a federal Conthat is necessary to success, and we call on the gress in which she has but two Senators, and the tried Union veterans of the State, who have been New England States, with but a little greater hardened by the conflicts of six years of battle population, have twelve; that the tendency of and agitation,'to fly high the banne of liberty the Federal Government is to usurp the reserved and Union, and know Ino end but victory. rights of the States and of the people; and that, This memorial was presented, and referred to therefore,- a centralization of power in its hands the Committee on the Judiciary.' ~is an ever-pending danger; that such an absorpGAIL. FOR STATE REPTUBLICASN CONVENiTION. lion of power would, while it lasted, be destrucAt a; meeting'of the Republican ~Union, State tive of the liberties and interests of the people, central committee of Maryland, held on Wednes- and would end either in despotism or a destrucday, April 17, 1867, the following, resolutions tion of the Union; that a national debt, besides were. unanimously adopted: 1impoverishing the people, fosters an undue inResolved. That all male citizens of IMaryland, crease of the powers of the Federal Government; who are opposed to the organized conspiracy that high protective tariffs have a like effect, about to assemble at Annapolis on the 8th day sacrificing the interests of the' many for the of May, are requested to rmeet in primary assem- emoluments of the few, and plainly violating the blages in the'various counties and the city of equity and spirit of the Constitution; that the Baltimore, at such time as may\ be most con- collection and disbursement of the'enormous venient, to elect delegates to a State Republican revenues by the Federal Government have the convention, which shall assemble in' Baltimore same tendency, besides.corrupting the Governcity on Tuesday, May 14, at 12 o'clock, m. ment, and that, therefore, economy is essential Resolved, That the State convention will be not only to the prosperity, but also -to the liberexpected to take into consideration the present ties of the people; that unequal taxation is acondition of political affairs in the State, and to plain violation of justice, of which no governdeliberate upon -the best method of guaranteeing ment can safely be guilty; that to. each State to the people a republican form of government, belongs the right to determine the qualification To theprimary meetings, the county conventions, of'its electors, and all attempts to impair'this and' the State convention are invited all loyal right,'either by congressional legislation or citizens,.without regard to past'political differ- constitutional amendment, are unwise and des-'ences, race, or color, who subscribe to the doctrine potic; that the tendency of power is to steal of the Republican Union party.'The number from the many to the few, and that, therefore, of' delegates to the State convention will not be "eternal vigilance is the price of liberty;" limited; but the counties and the city of Balti- that the tendency of the Government is to enmore shall be entitled to the same number of'large its authority by usurpation, and therefore votes in the convention as they have represent-'the Government needs to be watcred; that anatives in both houses of the. General Assembly. other of its tendencies is to govern too muchThe members of the State central committee of unnecessarily and vexatiously interfering with the different counties will announce the day for the business and habits of the, people; that the holding the primary meetings, county conven- freedom of speech and of the press is essential tions, or mass conventions, in the several coun- to the existence of liberty;, that no person not ties, and the executive committee will fix the day in the military or naval service, or where the for the aforesaid purposes in the city of Balti- civil'courts' are prevented by war or insurrection more. THoMAs J. WILSON, Chairman. from exercising their functions, can lawfully be J. W. CLAYTON, Secretary, deprived of life, liberty, or property,.without due process of civil law; that the courts should Ohio. always be open for the redress of grievances; DEMOCBATIC, JANUARY S. that no ex post facto law should ever be made; 1. Resolved, That' the democracy of Ohio that, in the language of th@ Supreme Court, steadfastly adhere'to the principles of the party " the Constitution of the United States is a law as expounded by the fathers, and approved by for the rulers and the people, equal in war and experience; that in accordance with these prin- in peace, and covers with the shield of its prociples we declare that the Federal Government tectiln all classes of men, at all times and under isa government of limited' powers, and that it all circumstances. -No doctrine involving more possesses no powers but such as are expressly, pernicious consequences was. ever invented by or by necessary implication, delegated to it in the wit of man than that'any of its provisions 248 POLITICAL MANUAL. can be suspended during any of the great the American people. That the people cannot, exigencies of government. Such a docrine leads without a loss of their liberties, prosperity, and directly to anarchy or despotism;" that the right honor, submit to such a result; and, therefore, of the people to peaceably assemble and consult in the hope that the warning will be heeded, and upon public affairs is inviolable; that the mili- the danger to our institutions be peaceably tary'should be held in due subjection to the averted, we do solemnly warn the advocates of civil power;. that while the'majority, as pre- theplanthatitwill otbe subnitted o.' scribed. by the.Constitution, have. the right to 3. That Congress is not an omnipotent lawgovern, the minority have indefeasible rights; makingpower;tha the Constitution provides and that a frequent recurrence to first principles that no bill shall become a law without the apis essential to the welfare,of the State and the proval of the President unless it be passed by ipeople. two-thirds of each House of Congress; that one 2. That the Statps lately in rebellion are States of the objects of the preseit so-called Congress in in the Union, and have been recognized as such' excluding ten States from representation is to by every department of the Government, and by pass bills by a two-thirds vote, which, were all President Lincoln, who, in the midst of war, in- the States represented, could not pass, and thus "ited them to elect members of Congress; by to provision aforesaid; President Johnson, in various proclamations and that if the precedent be acquiesced in there will official acts; by Congress, which permitted An- benothing-to prevent a bare majority of Condrew' Johnson to sit in'.the Senate as a Senator gress, at any time in the future, fron nullifying from'Tennessee, and members from.Virginia, the constitutions-eto of the PresidentiandusurpTennessee, and Louisiana to sit in the House of ing uncontrolled legislative power by an excluRepresentatives after those States had -seceded, sion of the minority from their seats; that the and while the war was being. carried on, and exclusion of a single State might give this conwhich further recognized'them as States in'the trol,anda pretext for such an exclusion would:Union by the congressional apportionment act, never be wanting to an unscrupulous and revoproviding for their due representation'in Con- lutidnary party. gress; by various tax laws, and especially by 4. That thepeople, and especially those of the the direct tax; by the resolutions submitting agricultural States have suffered too lon the amendments to the Constitution for' their ap- exactions of high protective tariffs, and as the proval, and by various. other acts and resolutions representatives of an agricultural and laboring imparting the same recognition, all of whioh population, we demand that their substance were passed since. theattempted secession of those shall no longer be extorted from them in ordc States; by the judiciary of the United States, to fill the pockets of eastern monopolists. which holds federal courts in all those States, and 5. That unequal taxation is contrary to the especially by the Suprenme Court, which enter- first principles of jtice and sound policy, and tains jurisdiction of cases coming from them, we call upon our Government, Federal and State, which, it could not do were they not in the Union. to use all necessary constitutional means to That being thus in the Union, they stand'on an remedy this evil. equal footing with their sister States-States with 6. That the rhdical majority in the so-called unequal rights being a thing unknown to the Congress have provel themselves to be in favor Constitution; that, by the express terms of the of negro suffrage, by forcing it upon the people Consti~ution, each State is entitled to have two of the District of Columbia against their wish, Senators and a fair proportion of Representatives solemnly expressed at the polls; by forcing it in the Congress, and to vote in all elections of upon the people of all the Territories, aud by President and Vice President; that, though these their various devices to coerce the people of the rights are subject to interruption by a state of Sooth to adopt it; that we are opposed to negro civil war, they cannot, in time of peace, be sus- suffrage,. believing it would be productive of pended, much less destroyed, without a plain evil to-both whites and blacks, and tend to proviolation of the Constitution; that the assent of duee a disastrous conflict of races. three-fourths of all the States, whether repre- 7. That for their efforts to uphold the Constisented in Congress or not, is essential to the val- tution, we tender to the President and to the maidity of constitutional amendments; Ihat. Con-, jority of the judges of the Supyeme Court of the gress.has'no power to deprive a: State. of its United States our hearty thanks. reserved rights and reduce it to a territorial con. 8. That we are in' favor of a Democratic condition; that,' therefore, the exclusion, by the vention of delegates from'all the States, to be so-called Congress, of all representation from ten held at such time and place as may be agreed States, the proposed exclusion of those States upon, and that the State central committee be ~from all voice in the next presidential election authorized to concur, with other.proper cornmitthe threatened overthrow of their/State govern-' tes in fixing time and place, anr that we prefer ments, and the reduction of their StatesRto the Louisville,lentucky, as the place. oondition of Territories, are each and every one 9. That the Democratic newspapers of Ohio of them unconstitutional, revolutionary, and deserve our earnest and liberal support, and that despotic measures, destructive not merely of the an early and thorough organization of the party rights of those States, but also of the rights of is indispensable. every other State in the Union. That &)ose Tenn sse e. measures are parts of a plan to nullifyltheT on- / stitution, to virtually overthrow the State gov- F. pPBLi(i ERUARY 22, 1867. ermments, to erect a consolidated despotism on.We, the representatives of tle loyal people of their ruins, and to establish anA perpetuate a Tennessee, in convention assembled, are thanktyuannical rule of a minority over a majority of ful to Almighty God for the success of the arms RESOLUTIONS OF CONVENTIONS. 249 of the United States over the army of traitors, 9. That the Republican UTion party of Tenwho sought to destroy the best government ever \nessee are in favor of free speech and' free disknown to man, ther eby'saving u s and our poster- cussion, and to this end we invite our friends ity the blessings and privileges of our republican from other States to come among us, and discuss institutions, and a solution of the heretofore,the great issues now before the'people, and we doubtful probleny that''ann is capable of self- pledge the Republican.Union party of Tennesgovernment,..see to tolerate all legitimate discussion,' and at We hold these truths to. beelf-evident:",, the sametime claiming equal privileges-on our, "That all menare reated equal, endowed part; and that any interference to. prevent this with certain inalienable rights,". and therefore will be regarded- as an unwarranted act, and refhelaw should afford equal protection to all in sisted to the last extremity. the exercise of these rights, nd, so far ast can, 10. That we honor the'firmness, courage, and insure p'erfect equality under the law. wisdom which have characterized the administra2. That a State or a nation should be governed, tion of our Chief Magistrate, the Hon. Wm. G. controlled, and directed by those who have saved Brownlow, and while we sympathize with him ed iBrownlow, and while we sympathize with him it in times of peril, and who seek topreserve it in his bodily suffering, we admire the. healthy with friendly hands from foes and dangers, ex- mind, conscious to itself of rectitude, which bears ternal and internal.' with like equanimity the throes of pain and the 3. That a wise care for the public safety some- perilous cares of State; and that we declare him times renders it necessary that those who have the unanimous choice of the loyal people of Tensought resolutely to overthrow a government hessee for our next Governor. should not hastily be restored to the privileges 11. That we cover our faces with shame when of which they have deprived themselves by we contemplate the disgrace brought upon our their crime of treason certainly, not until they beloved State by the - defection and degeneracy have shown evid4nce of sincere repentance; and of her unprincipled adopted son, who by the a disposition as energetically to support as they bullet of an assassin has ascended to the Chief have in- times past sought to destroy.,.. Magistracy of the nation; and we shall cordially 4. That' rebellion is disfranchisement, and endorse any action of Congress whichi shll legitiarmed attempts to overthrow our common gov- mately deprive him of continued power to disernment treasonable expatriation; and the pres- turb the peace of the country. ent franchise organic law is but the declaration "CONSERVATIVE," APRIL 17, 1867. of the handiwork of secession and rebeLion. We, the Conservative men of Tennessee, adopt Those who have sought our country's ruin can- the following platform of principles: not be intrusted with its safety.'y' 1. We are in favor of the Union of the States 5. That lawless violence, reckless disregard of under the Constitution of the United States. the rights of person and property, murder, as- 2. We are the friends of peace and civil law, sassination, arson, and kindred crimes, must be and that these great objects can be best proput' down by the strong arm of power, and be moted by legislation'recognizing equal and exact made to feel that law is indeed a terror to'evil- justice to all-exclusive' privileges to none. doers.' 3. We are in favor of the imipediate restora6 Therefore, in accordance with the above tion of our disfranchised fellow-citizens to all principles, we fully indorse the poli6y and ac- rights, privileges, and immunities of full and tion of the General Assembly of the State of complete citizenship. Tennessee, in restricting the elective franchise 4. That our colored fellow-citizens, being now to those who are not hostile to the Government, citizens of the United States and citizens of the in extending it to those who proved' their loy- State of Tennessee and voters of this State, are alty by imperiling their lives, and who need entitled to all the rights and privileges of citithis privilege for their own protection, and in zens under the laws' and Constitution of the establishing a military organization' which shall United. States and of the State of Tennessee. give necessary physical support to the moral 5. We are opposed to the repudiation of the power of the State government, becoming a salu- national debt, and are' in favor 6f equal taxation tary terror to evil-doers and a cheerful hope to a's the proper method of paying the same.those who do well.''6. That the establishment of a standing army 7. "That the "privileges and immunities" in our State, in time of peace, is a flagrant and guarantied under the Constitution of our Union dangerous encroachmen4t upon the rights and to the loyal from other States, and the pledge liberties'of the citizen, heavily oppressive to the of freedom and equality in the declaration of tax-payer, and' evidently designed to overawe American Independence, shall be living truths the voters'at'the ballot-box.. and practical maxims in Tennessee, for the pro-'7. We cordially approve of the patriotic efforts tection of " life, liberty, and the pursuit of hap- of Andrew Johnson, President of the United piness." States, in defending the Constitution, preserving 8. That we have' entire confidence in the in- the Union of the States, and maintaining the tegrity,.wisdom, and' ability of'the Republican supremacy of the laws. Union majority of Congress, and deem it signally fortunate that they, in' whom alone the Alabama. power resides to restore, preserve, and govern RBESOLUToNs OF TBE GRAND CouCriL OF THE the country, have shown themselves so emi- UNION LEAGnUE, APRl], 1867. nently fitted for these high duties, that no State'Resolved, That the Alabama Grand Council should be admitted to representation in Congress of the Union League'of America' return thanks without adopting the cbnstitutional amendment. to the'Congress of the United States for its patri 250 POLITICAL MANUAL. otic action in affording to-all the people an op- II That we arrign the unprincipled and corportunity, on fair terms, to re-organize the gov- rupt demagogues who for so many years held ernment of the State, to put her destinies into every office and exercised a despotic control over the hands of true Union men, and to unite her its legislation as the sole authors of the pr1sent again to her sister States by the only enduring deplorable condition of the State and its people. bond of unswerving loyalty..' Toandcrime hav2. Trhat we hail with joy the recurrence to the State their fundamental principle on which our forefathers present woes, let facts be stated. achieved their. independence-" that all men are 1. They appropriatedtotheir own use and created equal;" that we welcome its renewed sqianderethegrantsof moneyandlandsmade proclamation as a measure of simple justice to a to the State by the National Government for edfaithful and patriotic class of our fellow-men, ucational purposes, and th refused to provide and that we firmlv believe that there could be no free schools or make sufficient provision for the lasting pacification'of the country. under any education oftheyouthof the State. system which denied to a large class of our pop- 2 They in lile manner appropriated to their ulation that hold upon the laws which is given own use and otherwise squandered the swamp by the ballot. -.'. land grant and all other grants of land made by the by the ballot. by la 3. That while we believe that participation in. National Government to the state for internal rebellion is the highest crime known to the law, improvements and other prposes; a and that those guilty of it'hold their continued to make any provision therefor, the State is left existence solely by the clemency of an outraged to thisdaywithoutacompletedrailroador other but merciful Government, we are nevertheless wok of internal improvement withi her borwilling to imitate that Government in forgiveness ders. of. the past,-and to welcome to the Republican'3. They issued the bonds, of the State a a Union party a11 who, forisaking-entirely the prin- pretended basis for a tanking capital, and havciples on' which the rebellion was founded, will ing the bonds and appropriated the sincerely and earnestly unite.with us in estab- proceeds to their own use, the State is left to lishing' and maintaining for.the future a govern- -pay their bonds, with years of accumulated inment of equal rights and unconditional loyalty. terest, amounting in the aggregate to millions 4. That we consider willingness to elevate to of dollars. power the men who preserved unswerving ad- 4. In a time of profound peace, and when the herence to the Government during the war as people of the State were enjoying adegree of the best test of sincerity in professions for the prosperity and happiness unparalleled in any future. country on the glo, these unscrupulous and 5. That if the pacification now' proposed by reckless demagogues acone but the Congress be not accepted in good faith by those' most selfish purposes and wicked ambition, with who staked and forfeited "their lives, their for- a design of founding a government based on tunes, and their sacred honor" in rebellion, it human slavery, and governed and controlled by will be the duty of Congress to enforce that for- an aristocracy of office-holders and slave-ovwners, feiture by the confiscation of. the lands, at least, and in defiance of the expressed will of the peoof such astiff-necked and rebellious people. ple at the ballot-box, and in violation.of their 6. That the assertion that thre arenotenough own pledges, passed anordinance of'secession, intelligent loyal men in'Alabama to.administer proclaimed the State' out of. the'Union, made the government is false in fact, and mainly pro- war upon'the National Government, and by mulgated by those who aim to keep treason re- the use of vigorous.conscription laws and asmilispectable, by retaining power in the hands of its tary rule, the despotismx of which is without a friends and votaries. parallel in the history of the world, they forced an unwilling and loyal people, who loved their Arkansas. country and its flag, to join in an effort to deREPUBLIcAN, APRIL 5, 1867. stroy the Government that had showered-blessThe people of tle State of Arkansas, willing ings on them and their fathers. to associate together for the purpose of co-op- Having inaugurated the rebellion' for these erating with the National Union Republican hateful. purposes, they secured to themselves all party of the nation in securing and maintaining the civil and military offices of their insurrecequal legal and political rights to all the citi- tionary government, and they used the power zens of the Republic and restore the -State to thus usurped over the lives, liberty, and property its political relations in the Union, now here in of the people to coerpe them to join in their treaState convention assembled, do proclaim and son and rebellion, and wickedly and wantonly declare the following declaration of principles protracted' the struggle until' one-third of their on which they have unanimously agreed: victims were in their graves, and the property I. That we will ever defend the Constitution of all impressed, wasted away, or destroyed. of the United States thereunder as the sacred 6. Failing to destroy the Reppblic and rob the palladium of our rights'and liberties.'That people of their liberty by force of armq, they rethe Union of the States under the Constitution turned and at once demanded'to be restored to constitutes a national Republic, and not'a mere the offices and control of the State, and speedily league of independent States, and that the Con- possessed themselves bf the legislative departstitution of the United States and the laws Ment, the supreme court, and other important made in pursuance thereof are the supreme offices..Again in power in-the State they relaws of the land, anything in the constitution newed the atrociou's system of'plunder and opor laws of any' State to the contrary notwith- pression. The brief respite enjoyed by the people standing. of the State from the despotic control of these RESOLUT,ONS Or CONVENTIONS. 251 political vampires, who fled.thbe State in 1863 to ing this district our hearty and cordial support avoid, a just punishment for their crimes., had and co-operation in the honest and faithful exeenabled a loyal provisional government, hyan cution of the same., honest and economical ~administration,.toilccu- IV. That we deno cetheguilty authors of Cu- IV. That we deznowce the guilty authors of mulate in the treasury of the State over 150,000 the late rebellion who refuse'to acquiesce in the in cash.' The treasury is at once plundered by necessary, legitimate, and just results of their these men of this hard-eiarned money of the peo- own folly and crime, and who are noyv counse6lpie;1 extravagance, corruption, favoritism, and ing the people to renewed opposition and resistyalen ance to the legitimate and.lawful authority of ot tne State are wronged and oppressed, and de- the National Government, as enemies of the nied redress; treason is made a virtue and loy- Union,\and all the dearest and. best interests of ally a crime; the constitution of the State is set the State and her people, and they deserve and at defiance, and. the pretended laws anddecrees should receive the scorn of every honest citizen of the now defunct rebel government declared who desires to see law, and order, and peace, to be in full force and bindig on loya people security, and prosperity secured to tle. State. living under the Constitution of the.United V. That the most, dangerous enemies of, the States. The obligations and evidence of indebt- nation and State are the disloyal newspapers edness of the rebel State governmentw hichlthese and political demagogues,'who, while. they demen issued to themselves, and obtainedfraudu- nounce the late action of. Congress as illegal, lently and without. consideration,''and of which unconstitutional,' and. despotic, nevertheless dethe most uns~crupulous of these men hold large clare it to be their purpose to control, if.they can, amounts, are declared'to be biding on a Joyal all action thereunder, with the declared purState and a loyal people; thby refuse to take the, pose, as soon. as representation in'Congress is necessary, re~asonable, and just steps to restore secured, of immediately, repudiating their comthe State to the Union and representation in, pact with the National Govornment, and by a Congress, and contemptuously..reject terms of change of the constitution of the'State disfransettlement the most magnanimous and liberal.chise the recently enfranchised citizens of the ever offered to men in their position, and up to State, prohibit the. education of tbhir children, the present moment continue topresent an atti- and adopt other reactionary and'revolutionary tude ofhostility to the National Government, measures. its authority, and supporters, borderingonopen VI. That the Congress of the nation is solopen ~I. That the Congress of the nation is solrebellion, and dangerous alike to the peace of emnly pledged not to recognize any State govthe nation and State, and the safety of loyalnd ernment made by and in the hands of open and law*-~abiding men.' And Congress -wisely and declared enemies of the great principles of libustly judgd that recnstructionwas impossible erty and justice embraced in the measures o] while such r1constitutional and chronic traitors, reconstruction; and more especially will Conplunderers of the public treasury and oppres- gress refuse to. recognize a- government in the sors of the people, were permitted to exercise hands of men who avow it to be their purpose the political power the he State, which they toloverthrow these great principles t'he moment have usurped and so long held by fraud, deceit, they obtain congressional recognition of their and oppression. dishonest and hypocritical action; and we warn III. That we recognize the power and right every good citizen of the State who favors reconof the National Government to determine the struction and wishes to: enjoy the blessings and method and apply the means of reconstructing benefits to be derived from our early restoration the rebel States, and of providing lawful gov- to the, Union against the criminal folly of inernments for the same, and do willingly abide trusting the work to such hands. by and heartily accept the measures adopted, or VII. That we heartily' indorse all meetings which may hereafter, be necessaprily prescribed -and conventions heretofore held in the State by Congress for a full, perfect, and final recon- which bad in view the reconstruction of this struction of said States; and to the end thatthe State in harmony with the will of Congress. State may be admitted to its vwanted position in' VIII. That State taxation shall be equal and'the Union and'representation in Congress.; that uniform, and that-no discrimination should be the liberty and rights of every citizen may be made in favor of one species of property at the secured and sacredly guarded and protected expense of another.' under an honest,'competent, and loyal State IX. That -all the citizens of every county in government' that the credit of the State, may the State who approve: of. the declaration of be restored, and economy in the public exoenli- principles and purposes here announced are tur'es secured; that the construction of railroads earnestly urged to meet in their respective counand otber internal improvements so necessary ties and organize, and report their organization to the prosperity of the State may be com- to the, chairman of the State central committee, menced and vigorously prosecuted; that an en- at Little Rock, in order that a united and barlightened and judicious system of free common monious effort mav be made to secure equal Schools, providing for the education of all the rights and justicer to.all, just- and good governchildren of the S~tate, may be inaugurated; that ment, wisely and honestly administered, by loyal emigration and capital from every quarter may men. be invited and induced to enter our State, and that peace, security, and prosperity may be re- North Carolina. stored to the State and all its' people,' we declare REiPUBLICAN, MARCH 27, 1867. that we are in fayor of immediate action under Having assembled in. the city of Raleigh, on and in conformity to the' acts of Congress, and the 27th of March, 1867, in conformity with a we hereby tender to the major general command- timely and patriotic call, reflecting the sentiments 252 POLITICAL MANUAL. of the loyal men of the State, and believing the upontheabsolute right of free discussion and time is at hand when an open and fearless ex- free speech on all sunjects of public interest. pression of sentiment, opinion, and purpose is 6. That we join in an earnest' wish for the urgently demanded: Theefore, mainknance, untarnished and ndimmed, of the 1. Resolved, That in view of our present po-f the nation. litical condition, our relations to the National 7. Thatin the mainte f the position Government, and the people of all sections of the takenandtheprinciples this day avowed, we country, We do this day with proud satisfaction earnestly invite the influene and co-operation unfurl the brilliant and glorious banner of the of men of all political persuasions, who regard Republican patty, and earnestly appeal to every and cordially support the recent action of Contrue and patriotic man in the State to rally to gress as a solution of our present politcal diffiits support. cullies; that we deprecate partizan violence, and The splendid and patriotic record made by desire peace and good-will toward all men; hnd this great political organization, in standing by if in an openand fearless effort, the General Government with an inflexible -reso- pose to make on every suitable occasion, to perlution, in carrying forward profound measures suade and convince the eople that our highest of. statesmanship to a successful issue,- and the duty and truest interest are to be subserved by powerful aid given by it in finally overthrowing maintaining the principles of the Republican and prostrating the most gigantic rebellion of party, an earnest interest should be awakened, ancient or modern times, should command the it will be from no other cause than a rigid adherespect and challenge the admiration of every rence to what weregard as a sacred right and a candid man. solenrpublicduty. -2. That the American Congress is eminently entitled to the profound thanks of the whole South Carolina. country for its persevering, persistent, and he- OF CHALESTON R PnBLICANS,MARcx 22,1867. roic devotion to the'great prirciples of human 1: Besolvd, That we give our cordial and enrights as enunciated in the Declaration of Inde- tire pendence; that in the name of the patriotic peo- storation of the Union, anndto the wise and just pleof this State we feel warranted in cordially principles of the'Republi6an party. assenting to and accepting the reconstruction 2. That in order to make the labors of all our plan recently and finally adopted by that body; loyal fellow-citizens more effectual for carrying and to the end that peace and order may be p'er- out the provisions of Congress for the restoramanently secured, and every industrial pursuit tion of law and order in our State, as well as for resunied and encouraged, we pledge ourselves to the peace and prosperity of our entire country, use every fair and legitimate means to influence we do form an association to be known as the public sentiment to the nearest possible approach "Union Republican party of South Carolina." to unanimity on this subject. 3.. That we pledge our sacred honor, our for3. That we rejoice that the dogma, long, prop- tunes, and our lives to serve our country, to preagated, of-thhe right of,peaceable secession under serve her institutions, and especially to aid her the Constitution, has been forever overthrown in keeping inviolate the national faith, which, by the'majesti6 uprising of the American.peo' has been sacredly pledged to the payment of the pie, in crushing out the late rebellion'by force national debt incurred to save the liberties of of arms, and that the doctrine of the stiprem- the country and to suppress rebellion, and that acy of the General Government has been estab- the people will not suffer this faith to be violated lished, and that the paramount allegiance of the or impaired; but all debts incurred to support citizen has been acknowledged as due to the the rebellion, as they were unlawful, void, and United States. of no obligation, sball never be assumed by the 4. That we sincerely exult in the fact that as'United States, nor.shall South Carolina be pera nation we are now absolutely anation of free- mitted to pay any debt whatever which was'men, and that the sun in all his course over our contracted to aid the rebellion in any form. wide-spread country no longer shines upon the 4. That the nation owes to the brave men, brow of a slave. Without reservation, we heart- white and colored, of our army and navy a debt ily' indorse the great measures of civil rights of lasting gratitude for their heroic services inand impartial enfranchisement, without any defence of the Constitution and the Union, and property qualification, conferred without dis- that, while we cherish with a tender affection tinction of color, and that we are ready to unite th* memories of the fallen, we pledge to their in the early practical attainment of these ines- widows and orphans the nation's care and pro~timable privileges. Although the mortal re- tection. mains of Abraham Lincoln now rest silently 5. That as republican institutions cannot be beneath the soil of his adopted,'State, yet his preserved unless intelligence be generally difvoice still rings like a clarion through the land, fused among all classes, we will demand of. our earnestly summoning every American citizen to legislature a uniform system of common schools, the support of the great party of liberty and which shall be open to all, without distinction emancipation. of race, color, or previous condition; sudh sys5. That as the most potent and efficient means' tem to be supported by a general tax upon all by which the South can speedily regain her lost kinds of property. prosperity, we earnestly advocate the spreading 6. That we will favor a liberal system of pubof knowledge and education among all men, and lie improvements, such as railroads, canals, and that to the attainment of this great end, we de- other works,'and also such a system of awardmand and' shall persistently and firmly insist ing contracts for the same as will give all our fel RESOLJ0TIONS OF CONVENTIONS. 253 low-citizens an equal and fair chance to share beneficial effects of such legislation are already visible in the increased security of loyal men, 7. That we will also insist oni such modifica- and in inducing immediate efforts toward recontion of the laws of the State as will do away struction on the part of all classes; and that we with imprisonment for debt, except for fraud; do hereby pledge our earnest and persistent efand imprisonment of witnesses, except for willful forts to carry out in good faith, without evasion, absence; and especially to abolish, entirely and with honesty'of purpose,.unflinching courage, forever, the barbarous custom of corporal'pun- and never-tiring energy, all its provisions, beisihmnent for crime or any other cause. lieving that by this course alone can permanent 8. That, as large land monopolies tend only to peace and prosperity be restored to the State make the rich richer and the poor poorer, and and an early admission to the Union be secured. are ruinous to the agricultural, commercial, and 2. That in the principles of the National m d 2. That in the principles of the National social interests of the State, the legislature should Republican party of the United States we reoffer eery practicable inducement for te division cognize all we can desire as a guide in our poand sale of unoccupied lands among the poorer litical future; tTat we'adopt them as our platclasses and as an encouragement Vo emigrants to form, and pledge ourselves to their support, and settle in our State.. cordially invite the co-operation of all classes 9. That the law of ejectment and distraint of our fellow-citizens, without distinction of race should be so modified as to protect equally the or color, without regard to former political opinlandlord and the tenant.. - ions or action, induced by such convictions. We 10. That provision should be made for the ex- invite them to join us, and pledge' them a warm emption of the poor man's homestead. ~ welcome to our ranks, and a full and free par11. aTha the'interests of the State demand a ticipation in all the advantages of our organizarevision of the entire code of laws and the reor- -tion. And firmly believing that in the present gansization of the coufts.. condition of public affairs the Republican party 12. That the interests not only of the State, offers the most available means through its orbut of. the whole country, demand evIery possi- ganization for the speedy attainment of permable guaranty-for the perpetuity of all. therights nent reconstruction, we do hereby adopt -its conferred upon the newly, enfranchised portion principles and platform as the basis aud platform pion and platform as the basis and platform of our fellow-citizens, and that, in the use of the of the Union Republican party of Virginia. sacred right of the elective franchise, we will 3. That we adopt as part' of our platform seek. to elevate to offices of trust and honor only and as cardinal points in the policy of the those who are truly loyal, honest, and: capable, Union Republican party of Virginia the followirrespective of race, color, or previous condition. ing propositions: first, equal protection to all 13. The consideration of justice and humanity men before the courts, and equal political rights demand provision by the legislature for the pro- in all respects, including the right to hold- office; tection. and support of the aged, infirm, and second, a system of common-school education, helpless poor, irrespective of race, color, or pre- which shall give to all classes free schools and a vious condition.' free and equal participation in all its benefits; 14. That we will not support any candidate third, a more just and equitable system of taxafor office who will not openly indorse, advocate, tion, which shall apportion taxes to property, and defend the principles adopted by the Union and require all to pay in proportion to their abilRepublican party.' ity; fourth, a modification of the usury laws suffi15. Relying upon Divine Providence for wis- cient to induce foreign capital to seek investment dom in our counsels, efficiency in our action, in the State; fifth, encouragement to internal harmony among ourselves, with malice toward improvements and every possible inducement to none and charity to all, we pledge our earnest immigration. and best efforts for the return of peace and pros- 4. That in the noble utterances of the foundperity to all our people, and for an early repre- ers of our Constitution,. we recognize a true apsentation of our beloved State in the Congress preciation of the great fact that parties or govef the United States.. ernments, to be prosperous or successful, must be founded or administered on the basis of exact Virginia Republican State Convention, and equal justice to all men; and we accept as APRIL 17 AND 18, 1867. our guides the great principles enunciated by Whereas, having for the first lime in the his- them, first and most'imsportant of which is the tory of Virginia assembled at her State capital, great and glorious truth "that all men are creat the call of a Union Republican State commit- ated free and equal, are endowed with certain tee, hs a convention of Union men, for the pur- inalienable rights, and that among these are. life, pose of ratifying the acts of the 39th and libertyj and the pursuit of happiness;" and we 40th Congresses, and adopting measures to unite solemnly pledge, on the part of this convention all parties who earnestly and honestly desire and the party it represents, a strict adhesion to that this legislation should be perfected in accord- these sentiments, which, for the first time in the ance with the express desire of Congress and history of Virginia, a political organization' is carried out in good faith by the people of this in a position to adopt in spirit and action as in State, we, therefore, in convention assembled, do name. Pirst. Besolve, That we return our sincere 5. That believing the principlesenunciated' and heartfelt thanks to the'39th- Congress. for the foregoing resolutions can he objectionable to their recent legislation, resulting in the pas- no man who really loves the-. Union, and that sage of the Sherman-Shellabarger bill and its they are the'only true principles which qan give supplement, and certify with gratitude that the to Virginia an early restoration to the Union POILITICAL MANUAL. end. enduring peace and prosperity, we solemnly act in addition to the act entitled, an act for the pledge ourselves to support no man for an elect- punishment of certain crimes against the United ive office who fails to join us in their adoption' States," as also the,act passed by them on the a-nd enforcement, who fails to identify himself 27th day of June, 1798, entitled "An acttopunwith the Union Republican party in spirit and ish frauds committed on the Bank of the United action or hesitates to connect himself openly and States,'" (and all other their acts which assume publicly with its platform as adopted here to-day. to create, define, or punish crimes other than 6. That we recognize the great fasct' that the those enumerated in the Constitution,) are alinterests-of th laboring classes of'the State are together void and of no force,'and that the identical, nd that, without regard to color, we power to create, define, and punish such other desire to elevatethem to their true position; crimes is reserved,.and of right appertains'solely that the exaltation of the poor and humble, the and exclusively, to the respecth estraint f the rapacious and the arrogant, the within its own territory. ifting up of the-'poor and degra4ed without hu- 3. That it is true'as a general principle, and miliation or degradation to any; that the attain-'is also expressly declared by.one of the amendent of the greatest' amount of happiness and ments to the Constitution, that the powers not prosperity to th greatest number is our warm- delegated to the United States by the Constituest desire, and shall have our earnest and per- tio.n, nor prohibited by it to the States, arereserved sistient efforts in their accomplishment; that to the States respectively or tothepeople;" and while We desire to see all men protected in full that no'power,over the freedom of religion, ffeeand equ~al proportions, and e'very political right dom of speech,' or freedom of the press, being secured to the colored man that is enjoyed by delegated to the United States by the Constitany other class of citizens, we do not desire to tion, nor prohibited by it to the States, all lawful deprive the laboring white men of any rights or powers respecting the same did of right remain privileges which they now enjoy, but do propose and were reserved, to the States or to the people: to extend those rights and privileges by the or- That thus was manifested thei determination to ginization of the Republican party in this State. retain to themselves the right of judging how far - the licentiousness of speech and of the press may KENTUCKY AND VIRGINIA RESOLUTIONS. be abridged without lessening,their useful free-.-,.~ - " dom, and how far those abuses which cannot be Kentcky solutions, November, 798. separated from their use should be tolerated 1.'Resolved, That the'several States compos- rather than the use be destroyed; and thus, also, ing the United States of America are not united' they guaided against all abridgment by the.Union the principleof unlimited submission to their ted States.of the freedom of religious opinions General Government; but that by compact, un- and exeris, and retained to themselves the der the style and title of-a Constitnt'on for the right of protecting the same, as this State, by a United States and'of Amendments thereto, they law passed on the'general demand of its citizens, constituted a general government for special pur- had already protected them from all human reposes, delegated to that Government certain defi- straint or interference: And that, in addition to nite powers, reserving each State to itself the this general principle and express declaration, viduary mass of right to their own self-govern- another and more special provision has been ment; and that whensoever theGeneral Govern- made by bne of the amendnents to the Conatiinent assumes undelegated powers, its acts are tution, which expressly declares that "Congress unauthoritative, void, and of'no force: That shall make no law respecting an establishment to this compact each State acceded as a State, of religion or prohibiting the free exercise thereand is an integral party, its co-S~tates forming as of, or abridging the'freedom of speech or of the to itself the other party: That the-government press," thereby guarding in the same sentence, created by this compact was not made the exclu- and under the same words, the freedom of resive or final judge of the extent of the powers ligion, of speech, and of the press, insomuch that delegated to itself; since that would have made whatever violates either throws down the sancits discretion, and not the constitution, the mea- tuary which covers the. -others, and that libels, sure of its powers; but that,.as in all other cases falsehoods, and defamation, equally with heresy of compact among parties having no common and false religion, are withheld from the cognijudge, each party h as an equal right to judge zanceof federal tribunals: Thbat therefore the act for itself, aswell of'infractions, as of the mode of the Congress of the United Status, passed on and measure of redress. the 14th day.of July, 1798, entitled "An act in 2. That the Constitution of the United States ajddition to the act for the punishment of certain having delegated to Congress a power to punish crimes against the'United States," which does treason, counterfeiting the securitiesand current abridge the freedom of the press, is not law, but coin' of the United States, piracies and felonies is altogether void and of no effect. committed onthehighseas,ndoffences against 4. That alien friends are under the jurisdicthe laws of nations, and no other crimes what- tion and protection'of the laws of the State ever, anid it being true as a general principle, wherein they are; that.no power over them has and one of the amendments to the Constitution been delegated to the United States nor prohibhaving also declared, " that the powers not dele- ited to the individual States distinct from their gated -to the United States 4y the Constitution, power over citizens; and it being true, as a gen-'nor prohibited by it to the'States, are reserved eral principle, and one of the amendments to to the States respectively or to the people;" the' Constitution having also declared that "the therefore, also the same act of Congress, passed powers not delegated to the United States by the on the 14th day of July, 1798, and entitled, "'An Constitution, nor prohibited by' it to the States, RESOLUTIONS OF CONVENTIONS. are reserved to the States respectively or to the vide for the common defence and general welfare people," the act of the Congress of the United of the United States, and to' make all laws which States, passed on the 22d day of June,1798, en- shall be necessary and proper for carrying into titled "An act concerning aliens," which assumes execution the powers vesteclby theConstitution power over aliei friends not delegated by the ill the Government of the United tates or an Constitution, is not law, but is altogether void department thereof, goes'to the destruction of a-l and of no force. the limits prescribed to their power by the Con5. That in addition to the general priniciple as stitution. That words meantbythat instrument well as the express declaration that powers not to be subsidiary only to the execution of the delegated are reserved, another and shore special limited powers ought not to be so construed s provision inserted in the Constitution from abun- themselves to give unlimited powers, nor part dant caution has declared "that the mnigration so to be taken as to destroy the hole residue or importation of such persons as any of the of the instrument: That theproceedingsof the States now existing shall think proper to admit General Governmentunder color of these articles shall not be prohibited by the Congress prior to will be a fit and necessary subjectfor revisal aid the year 1808:" That this Commonwealth does correction at a tim'e of greater tranquillity, while admit the migration of alien friends described as those specified in the preceding resolutions call for the subject of the said act concerning aliens; that immediate redress. a provision against prohibiting their migration 8. That the preceding resolutions'be transs a provision against all acts equivalent thereto, mitted to the Senators and Representatives or it would be nugatory; that to remove them Congress from this Commonwealth, who are when migrated is equivalent to a prohibition of hereby enjoined to present the same to their their migration, and is therefore contrary to the respective houses, and to use their beat endeavors said provision of the Constitution and void. to procure, at the next session of Congress, a re6. That the imprisonment of a person under peal of the aforesaidunconstitutional and obnoxthe protection of the laws of this Commonwealth ious acts. on his failure to obey the simple order of the 9. Lastly, That the Governor of this CommonPresident to depart out of the United States, as wealthbe, and is hereby, authorized and requested is udndertaken by the said act, entitled " an act to communicate the preceding resolutions to the concerning aliens," is contrary to the Constitu- legislatures of the several States to ass tion, one amendment to which has provided, that this Commonwealth considers union for that " no person shall be deprived of.liberty specified national purposes, and particularly for without due process of law," and that another those specified in their late federal compact, to having provided "that in all criminal prosecu- be friendly to'the peace, happiness and prostions the accused shall enjoy the right to a public perity of all the States: that faithful to that trial by an impartial jury, to be informed of the compact, according to the plain intent and meannature and cause of the accusation, to be qon- irig in which it was understood and acceded fronted with the witnesses against him, to have to by the several parties, it is sincerely anxious compulsory process for obtaining witnesses in for its preservation: tha~t it does also believe, his favor, and to have the assistance of coun- that to take from the States all the powers of sel for his defence," the same act undertaking self-government, and transfer them to a gento authorize the President to remove a person eral and consolidated government, without reout of the United States who is under the pro- gard to the special obligations and reservations tection of the law, on his own suspicion, With- solemnly agreed to in that compact, is not for out accusation, withoutjury, without public trial, the peace, happiness, or prosperity of these without confrontation of the witnesses against States: And that therefore this Commonwealth him, without having witnesses in his favor,'with- is determined, -as it doubts not its co-States are, out defence, without counsel, is contrary to these tamely to submit to undelegated and conseprovisions also of the Constitution, is therefore quently unlimited powers in no man or body not law, but utterly void and of no force. That of men on earth: that if' the acts before specitransferring the power of judging any person, fled should stand, these conclusions would flow who is under the protection of the laws, from fronm them; that the General Government may the courts to the President of the United States, place any act they think proper on the list as is undertaken by the same, act concerning of crimes, and punish it themselves, whether aliens, is against the article of the Constitution enumerated -or not enumerated by the Constituwhich provides that "the judicial power of the tion as cognizable by them; that they may United States shall be vested in courts, the judges transfer its cognizance to the President or any of which shall hold their offices during good be-. other person, who may.himself be the aceuser, liavior;" and'that the said act is void for that counsel, judge, and.jury, whose suspicions may reason also; and it is further to be noted, that be the evidence, his order the Sentence, his offithis transfer of judiciary power is to that mag- cer the executioner, and his breast the sole reistrate of the General Government who already cord of the transaction; that a very numerous possesses all the executive, and a qualified nega- and valuable description of the inhabitants of tivelin all the legislative powers. tese States, being by this precedent reduced as 7. That' the construction applied by the Gen- outlaws to the absolute dominion of one man, oral Government (as is evinced by sundry of and the barrier of the Constitution thus swept their proceedings) to those parts of the Consti- away from us all, no rampart now remains tution of the United States which.delegatesto against the passions'and the power of a majority Congress a power to lay and collect taxes, duties, of Congress to protect from a like exportation imposts, and excises; to pay the debts, and pro- or other more grievous punishment the minority 256 POLITICAL MANUAL. of the sme b)ody, the legisla. res, judges, govern- the rights of the States, and consolidatinc ther ors, and c.ounselors of the States, nor their other' in the hands oF the'Geseral Goveinmen wivi a, peaceable inhabitants who may ventur to re- powerassumed to bindthe States, (not merely claim the constitufional rights and liberties of incases madefederal,).but in all cases whatsothe States and people, or who for other causes\ ever, by laws made, not with their consent, but.good or bad, may be obnoxious to the views, or by others against their consent: That this ould marked by the suspicions of the President, or be be to surrende the form of government we have thought dangerous to his or their elections or chosen, and to live under one deriving its powers other interests, public or personal; that the from its own will, and not from our authority; friendless alien has indeed been seltted as the and that the co-States, recurring to their natural safest subject of a first experiment; but the citi- righ n cases not made federal, will concur in zen will soon follow, or rather has already fpl- declaring these acts void and of no force, and lowed; for already has a sedition act marked will each unite with this Commonwealth in him as its prey: that these and successive acts requesting their repeal at the next session of of the same character, unless arrested on the Congress. threshold, may tend to drive. these States into revolution and blood, and will furnish new cal- Virginia Resolutions, December, 1798. urnnies against republican' governments, and esoved, That the Genera Assemby of irnew pretexts for those who wish it to be be- ginia doth un ally express a firm resolulieved that man cannot be governed but by a tion to maintain and dfend the Constitution of rod of iron: that it would be a dangerous delu- the United States and the constitution of this Mion, were a confidence in,the men of our choice Stte against every aggre her foreign or'o silence our fears for the safety of our rights: domestic; and thatthey will support the Govthat confidence is everywhere the parent of des- ernment of the United States in all measures potism; free government is founded in jealousy warranted by the former. and not in confidence; it is jealousy and not 2. That this Assembly most solemnly declares confidence which prescribes limited constitu- a warm attachment to the Union of the,tions to bind down those whom we are obliged to maintain which it pled ts powers; and to trust with power: that our Constitution that, for this end it is their dut to watch over has accordingly fixed the limits to which and andth ples no further our confidence may go; and let the which constitute the only basis of that Union, honest advocate of confidence read. the -alien becausea faithful observance of them can alone and sedition acts, and say if the Constitution secure its existence and the public happiness. has not been wise in fixing limits to the govern- 3. That this Assembly oth explicitly and ment it created, and whether we should be wise peremptorily declare, that it views the powers in destroying those limits? Let him say what of the Federal Government as resulting from the the Government is if it be not a tyranny, which comspact to which the States are parties, as limthe men of our choice have conferred on the ited by the plain sense and'intention of the inPresident, and the President of our choice has as- strument constituting that compact, as no further sented to and acdepted over the friendly'strang- valid than they are authorized by the grants ers, to whom the mild spirit of our country and enumerated in that compact; and. that, in case its laws had pledged hospitality and protection: of a deliberate, palpable, and dangerous exercisethat the men of our choice have more respected of other powers, not granted by the said comthe bare suspicions of the President than the pact, the States, who are parties thereto, have solid rights of innocence, the claims of jistifica- the right, and are'in duty bound, to interpose for tion, the sacred force of truth, and the forms arresting the progress of the evil, and for mainand substance of law and justice. In questions taming, within their respective limits, the auof power then, let no more be heard of confi- thorities, rights, and liberties appertaining to dence in man, but bind him down from mischief them, by the'chains of the Constitution. That this 4. That the General Assembly doth also exCommonwealth does therefore call on its co- press its deep regret that a spirithas, in sundry States for. an expression of their sentiments on instances, been manifested by the Federal, Govthe acts concerning aliens and for the punish- ernment to enlarge its powers by forced construement of certain crimes hereinbefore specified, tions of the constitutional charter which' defines plainly declaring whether these acts are or are them; and that indications have' appeared of a no.t authorized by the federal compact?' And design to expound certain general phrases (19 ich, it doubts not that their sense will be so an- having been copied from the very limited, grant noynced as to prove their attachment unaltered -of o6wers in the former Articles of Confederation, to limited government, whether general or par- were the less liable to.be misconstrued) so as to ticular, %ad that the rights- and liberties of their destroy the meaning and effect of'the particular co-States will be exposed.to no dangers by re- enumeration which necessarily explains and limmaining embarked on a common bottom with its the general phrases., and so as to consolidate their own.: That they will concur with this the States, by degrees, into one sovereagnty, the Commonwealth in considering the said acts as so obvious tendency and inevitable result of which palpably against the Constitution, as to amount would be to transform the present republican to an undisguised declara'non that the compact system of the United States into an absolute, or, is not meant to be the measure of the powers of at best, a mixed monarchy. the General Government, but that it will proceed 5. That the General Assembly doth partic-nin'the exercise over these States of all powers larly protest against the palpable and alarming whatsoever: That they will view this as seizing infractions of the Constitution in the two lato POLITICAL MISCELLANY. 257 cases of the "alien, and sedition acts," passed criminal' degeneracy if an indifference were now at the last session of Congress; the first of which shown to the most palpable viola exercises a p ow here delegated to the Fed- the rights thus declared and secured, and to the ral Government, and which, by unitig legis- establishment of a precedent whichmay be fatal lative and judicial powers to those of executive, to the other. subverts the general principles of free govern- 7. That the good people of ommonnent, as well as the particular organization and wealth, having ever felt, and continuing to feel positive provisions of the Federal Constitution; the most sincere affection for their brethren of and. the other of which acts exercises, in like the other States, the truest anxiety forestabmanner, a power not delegated by the Constitu- lishing and perpetuating the union of all, and tion, but, on the contrary, expressly and posi- 4he most scrupulous fidelity to that Constitution, tively forbidden by one of the amendments which is the pledge of mutual friendship and thereto~-a power which, more than any other, the instrument of mutual happiness, the Geneought to produce universal alarm, because it is ral Assembly doth solemnly appeal to the like levelled against the right of freely examining dispositions in the other States, in confidence public characters and measures, and,of free comrn- that they will concur with this Commonwealth munication amo'ng the people thereon, which has in declaring, as it does hereby declare, that the ever been justly deemed the only effectual guar- acts aforesaid are unconstitutional, and that dian of every other right. the necessary and proper measureswillbetaken 6. That thisState, having by its convention, by each for co-operating with this State in which ratified the Federal Constitution,.expressly maintaining unimpaired.the authorities, rights declared that, among other essential rights, "the andliberties reserved to the States espectively, liberty of conscience and the press cannot be or to the people. cancelled, abridged, restrained, or modified, by 8. That the Governor be desired to transmit a any authority of the United States," and from copy of the foregoing resolutions to the execuits extreme anxiety to guard these rights, from tive authority of each of the other States, with every possible attack of sophistry and ambition, a request that the same may be communicated to having, with other States, recommended an the legislature thereof, and that a copy be furamendment for. that purpose, which amendment nished to each of the Senators and Representawas, in due time, annexed to the Constitution'- tives representing thisState in theCongr it would mark a reproachful, inconsistency, and United States. XXIS. POLITICAL MISCELLANY. ELECTIVE ^'RM0C18SE1IN THE STATES, declared their intention to become citizens of the Tennessee. United States, and that they shall not have par1867,.February 6-The HOvB passed a bill in t l rei " Btriking the.word "lwhite" from the franchise law of the State*~yeas 38, nays 25. The yeas In Ohio. were Messrs. Anderson of Hamilton, Anderson 1867, April 6-This'joint resolution paused: of White, Baker, Blackman, Clements, Clingan, A RESOLUTION Donaldson, Doughty, Dowdy, Elliott, Fuson, Relative to an amendment of the constitution, Garner, Gilmer, Hudson, Hale, Kerchival, Max- providing for the extension of the elective well, McNair, Morris, Murphy, Norman, Patton, franchise: Porter, Puckett,.Raulston, Richards, Shepherd, Resolved, By the General Assembly of the Smith of Hardeman, Smith ofObion, Taylor, State of Ohio, three-fifths of the members elected Thornburgh, Underwood, Waters, Welsh, Wines, to each house agreeing thereto, that it be and is Woodcock, Woods, and Speaker (pro tern.) Mul- hereby, proposed to the electors of this State, to loy-38. vote at the next annual October election upon February 18-The.SENATE concurred-yeas the approval or Yejection of the following amend14 nays 7. ment as a substitute for the first section of the March 21-The supreme court of the State fifth article of the constitution of this State, to unanimously sustained the constitutionality of wit: "Every male citizen of the. United States the franchise law. of the age of twenty-one years, who'shall have A law was also passed containing this pro- been a resident of the State one year next rvision: ceding the election, and of the county, township,' That in all State, district, county, and all or ward in which he resides such time as may be other elections, such aliens as have resided more provided by law, except such persons as have than one year in the United States, and more borne arms in support of any insurrection or than six months in the State of Tennessee, shall rebellion against the Government of the United have the right of the elective franchise: Pro- States, or. have fled from their places of residence vided, That such persons shall have previously to avoid being drafted into the military service *Fer copy of the law Political Manuasl for 1866, pp. thereof,'or have deserted the military or naval 27,28. service of said Government in time of war. and 17 258 POLITICAL MANUAL. had not subsequently been honorably discharged Whereas it has been announced by persons. from the same, shall have the qualifications of an high in authority.tht propositions from the elector, and be entitled to vote at all elections." southern States havin In the SENATE, the vote was yeas 23, nays 11, of our present political troubles would be restrictly party. vote except that Mr. Combs (Re- ceived and considered, &c: Therefore, publican) voted in the negative.esolvd bythe Legislature of the Ste of: That the Congress of the United States be reIn Wisconsin. quested to proppse to the legislatures of the sevBoth houses have agreed to proposing an eral States th owing amendme amendment to the constitution so as to extend stitutionofthe United States: suffrage to all persons* over the age of twenty- ATIE, SEC. 1. No Stateunder the onone years. The vote in the Senate was 18 to stitutionhas aright of its own will to renounce 9, not voting 6. ___ its place in or to withdraw fro the Union nor In New Jerseyr has the Federal Government any right to eject a In New Jersey, A proposition'to strike.the word white'~ State from the Union, or to deprive it of its proposition- to strike.the word.' white a from the constitution was defeated in the house ti epresenta -yeas 20, nays 38, as follow:.t.Uon under the o ntitutn shall be perpetualh YEAS-Messrs. Atwater, Sayre, Murphy, Edwards, Bald- n o u e t C t sal b p a win, Voorhees, Runyon, A. P. Gondit Bruerecab S tanbr, SEC. 2. The public debt of the United States, vvin, Voorhees, Runyon, A, P. Condit, )Bruere, Stansbury, Mount, Estler, J. D. Condit, Woisieffser, Moore, Custis, Bail, authorized law, shall ever be held sacred and Trimble, Morris, Falkenbury-20. inviolatebut ithrtheUn atesnorany NAYS~-Messrs. Allen, fiaylor, lliJ, Davenport, W. o'. Clr, Vail, Lrppicot, ert,ChsteWhite,Riceeny, State shall assume or pay any debt or obligaClark, Vail, Lioppincott, Fort, Christie, White, PickWe, Htenry,., Coles, Crozer, Ayres, Tyrrell,... lliff, Evans, I. F. Clark, tion incurred in aid of insurrection or rebellion Vliet, Nixon, Garrison, Collings, Wilson, Thompson, en- inst th Governent o authority of the Uni drickson, Heddeen, Dwyer, Beesley, Van Emfbuvrgh, -Jarrard, aga. e Fulmner, Corties, Ward, Perrine, Givens, Coate, awger-. ted Stes. SEC.'3. All persons born ornaturalized in the In New York... United States, and subject to the jurisdiction: - In New'York,' a the -.'....Urc The Republican State convention, to nominate thereof, are citizens of the United States and of.delegates at large "for a constitutional conven- te States in which they reside tion unanimously' adopted this-resolution: zes of ach State shall be zntitled to all th Resolved, That the delegates to the coming constitutional priviegs and imunities of citizens in the s convention, this day appointed, be instructed tosupport by erson every honorable means anD amfendment to the constitution f everyghonoreblomoansan ansoacnenthtso thelcenstitotioneof life, liberty, or property without due process giving to the black man the same rights of ballotas to of law, nor deny to any person within its juriswhite man. diction the equal protection of the laws. In Kansas. ^ SEc. 4.. Representatives shall be apportioned Aproposition to extend the elective franchise among the several States according to their reto women is pending. specti.ve numbers, counting the whole number of ~persons ineach aStsteexcludingIndiansnottaxed. A PROPOSED SUBSTITUTE FOR THE CONSTI- But when any State shall, on account of race or TUTIONAL AMENDMENT. color or previous condition of servitude, deny In February, 1867, an effort was made to pre- th exercise of the, franchise at any election for pare a constitutional. amendment to be'substi- the choice of electors for P sident and Vice tuted for that proposed by Congress. -The plan President of theUnited States, Representatives given below was published, and was declared in Congress, memberso the legislature, and to be approved by President Johnson, and sub- other officers elected by thepeopleto any of the' itt'd to the Legislature of North Carolina, but male inhabitants of such State heing twenty-one was not favorably received: years of ageand citizens of the United States, ^The following paragraph from the New Yor Tr eis then the entire class of persons soexcludedfrom apposite: the exercise of the elective franchise shall not be Lucy Stone and It. B. Blackwell, citizens of New Jersey, counted in the basis of representation. have made an investigation, the result of which is remark- A w & be tf~vrt her rs v b able, and proves that previously to 1776 only men voted, but that in 1776 the orginal State constitution conferred Legislature of -*,Thatthe following article the f anchige on "a llinhabitants" (men or women, white or shall be adopted.as an amendment to, and beblack) possessing the prescribed qualifications of ~50 clear estate and twelvenmonths' residence, and this constitution om a p constitution ofthe State remained in force until 1814. In'1790,, the Legislature, in of an act regulating elections, used the words "he or she"'in ARTICLE ~. Every male citizen who has rereference to voters. In 1797, another act relative to elections in t S fo onJer-n in the repeatedly designates theyvoters as "e orhe. n the r one year, a year,1797,seventy-fivewomen otedinElizabethtownfor the county in Which he offers to'vote six months Federal candidate. In 1800 woisen generally voted through- immediately preceding the day of election, and'.ut the State in the presidential contest between Jefferson w c reeDh Declaration of IA n and Adam's. In 1802 a member of the legislature from naepenaence flnterdon county was actually elected, in a closely eon- and the Constitution of the United' States in the tester election, by the votes of two or three women ofcolor. English language and write his namee orwho In 1807, at a-local election in Essex county for thejlocation h t n n a nd wi hsnm dor of the county seat, men and women generally participated, ma owner'o tWO hundred and fify doland were jointly implicated in very extensive frands, In lars' worth' of taxable property, shall be entithe Winter of 1807-8, the' legislature, in violation of the fled to vote at all elections' for governor of the terms of the constitution, passed an act restricting suffrage Stat o to free white male adult citizens, and, in reference-to ememberSOf thelegiatUreand all Other these, virtually abolished the property qualification of ~50, officers the election of'whom may be by the thus extending it to all white uale tax-payers, while exclud- people' of the State: Provided, That no person bag all women and negroes;'In 1820 the same provisions by were repeated, and remained unchanged until the adoption reao o this article shall be excluded from of the present constitution in 1844.' voting who has heretofore exercised the elective POLITICAL MISCELLANY. 259 franchise under -the constitution or laws ofthis vote for members of the Assembly; but no perStateor who, at the time of the adoption f this son was allowed to vote who could not, if chalamendment, may be entitled to vote under said lenged, take and subscribe this oath: constitution and laws. "I (A. B.) do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have THE ELECTIONS' OF 1867 "been a-citizen thereof; that I have voluntarily given no aid, I N countenance, counsel, or encouragement to persons engaged'IOV in armed hostility thereto; that I have neither sought nor ernor-Harriman, Republican, 35,7*76; Sinclair, accepted, nor attempted to elercise,.'the functions of any office whatever under any auttorityor pretended authority gas in hostility to the United' States -that I h'ave not yielded lature,. about 75 voluntary support to any pretended government, authority,..In CoNNEicTICUT', the vote, stood: Governor- power, or constitution within the United States, hostile or 4 8 l rat inimical thereto, and did'not wilfully desert from the mil.itary or naval serviceof the United:States, or leave this State t47,575. S.te Legis'ltati: SBNATE~-epublicans to avoid the draft during the late rebellion." 11, Democrats D1. i0 OUSE-Republican1s 124, emocrats 4. Republic rityonjoint The convention is to meet in Albany on the first Tuesday in June. The new constitution'is RHOE A votestood: or- to be submitted. in. November next-as a whole rnsideRepublican, 7,554; Pierceor otherwise, as the convention may determine 350 Thelegislatureis —to a vote of those qualified"to vote for-deleen- gates. The convention stands, politially, Reas publicams 100, Democrats 60. X tion to revise the constitution of the State, was: Pu ans 100, Democrts 60. A' conventi6n was chosen in M1 ~nX D, " by For a convention, 34,534; against 24,136. Aconventi waschoeninMAYLANby Maryand ahe. registered,voters thereof," on the second directing, Wednesday of April, in which St. Mary's county,er has three'delegates; Kent, 4; Calvert,3; Charles, sons, over twenty-one, not criminals or lunatics, th reecelg tes 7e ta 4; Comese 3; Baltimore county, 7; Talbot, 4.; Somerset, and possessing sufficient residence. The legisla 5; Bc 7 4; S on, tureauthoriing dirting Dorchester, 4; Cecil, 5; Prince George's,'4; Queen Anne's, 4. Worcester, 5; Frederick, 7; the comptroller of that State to examine, adjust, QeonAnnes;4; Worcester 5 Frederick,7 tle-Harford, 5; Caroline, 4; Baltimore city,'21; Montgomery, 4; Allegany, 6; Carroll,6; Howment by the officers and members, and others of M on ry,4;Aiegan,6;C ol,0 How ard, 4t; Anne Arundel, 4: and Washington, 6. the General Assembly of 1861. It rejected a. a 4; AnneArundel,4;and Washington, 6. Said constitution it is provided, shall cont ain a bill to authorize colored persons to testifyin the Sa constituti it povide shallconan a the " clause prohibiting. the' legislature from making courts. It provided for the appointment by the'asPr i ingthelegislatuefmmaking any law providing for payymentby this State for governor, by the advice and consentof the s e rson- w pheretofore held i s slaves.r aTh e onvenate,1in each county, of a "commissionher of ve persons heretofore, held as slaves.. Te convenstatistics-, to prepare statements of the names, to i to m ise number, age, sex, and physical condition of the Wed'dy o May 1867 the compensation of slaves in the respective counties at the time of members to he five dollars per day and mileage, theadoption ofthe State constitution in1864, Pand'thepresident of the convention is authorto state whetherithey were slaves for life or term o the payment o the cmeai of years, and ^ whether they were enlisted or above'provided, and the treasurer required to d eraftedito the military servc e n oftheU pay the same, in conformity with said order. The States, so far as is known to said' owners or constitution is to. e submitted to the legal and others, and in what regiment they were placed qualified-voters for their ratification orrejection, and what compensation, if any, has heen rpeive at such time, in such manner, and subject to hy such.owners from theStateorGeneralGove such rules and regulations as the convention may ernment~ for~such slaves-thelists to be preserved prescribe. Judges'of election, clerks of court, among the public records of the counties, and orserfffailigo eglectig to perorm ay declared to be legal evidence of ownership, &c d r e of the repe-cting these elecTheL comliioners are to receive 4.tions, are made liable to indictment, and fine. of cents per capgt for eacihslave, to be paid ve 1the former owner., ~^servative," the Republicans declining to run CONSTITUTIONAL CONVENTIONS. candidates. A cnvention has recently been chosen in NEW In MICHIGAN, a Convention has been chosen, YORK by the votes of all persons qualified to with a large Republican supremacy. Statement of the Public Debt of the United States. on the 1st of April, 1867. Debt bearing coin interest...$...................................8....................................... $1,499381,59180 Debt bearing currency interest............................................................................. 734,280,780 00 Matured debt not presented' for payment............................................................. 12,825,658 32 Debt bearing no interest.-U. S. Notes................................................................. $375,417,249 00 Fractional currency..................................................... 29,217,494 96 Gold certificates of deposit........................................... 12,590,600 00 417,225,343 96 Total debt.........2................1......................0...................0......................... 2,663,713,374 18 Amount in Treasury, Coin......................................................................... 105,956,47722 ~urrency' 34,328,82652 140,285,303. 74 Amount of Debt, less Cash in the Treasury.........................................................'........ - $2,523,428,070 44 INDEX. ALABAMA, reconstruction facts, 12, 21-34; claimants in Con- CONSTITUTION OF THE UNITED STATES, COPY of, 1-6; Mr. Sew gress, 107, 108, 182, 183; resolutions of legislature, 22; ard's certificate of ratification of the antislavery amendlaws on freedmen, 33, 34; vote of legislature on 14th ment, 6; President Johnson'smessage on proposed constitutional amendment, 194; resolutions of grand amendment to, 83; votes on propositions of ariendcouncil of Union League of. 1867, 249, 250. ment, 102-106; votes of legislatures on the 14th am AMENDMENT OF CONSTITurTION, the 14th, President Johnson's ment, 194; proposed substitute for, 258. message, and Secretary Seward's report upon, 83, 84; CONVENTIONS, call for, National Union, at Philadelphia, 14th votes adopting,102; preliminary votes andpropositions, August, 1866, 118, resolutions of, 240, 241; resolutions 103-106; text of, 192; votes of legislatures upon, 194; of Union National of 1864, 117 proposedsubstitute for, 258.' tional of 1864, 118; of Penn'a Union and Democratic of AMNESTY, President Johnson's proclamation of, 9; Mr. Sew- 1866, 123; Maryland Union, 1866,124; call for southern ard's circular, 10. Unionists, 124, resolutions of, 241; of Pittsburg Soldiers ANCONA, SYnDNHAM E., resolution on Fenians, 113. and Sailors,' 242; of Cleveland Soldiers and Sailors, 243; ANTI-SLAVERY CONSTITUTIONAL AMENDMENT, announcement other, 243-257. of ratification of, 6; action of insurrectionary States, CooK, BURTON C., bill to suspend payment of bounty to fo 19-24; President Johnson's telegrams respecting, 22, mer owners of colored volunteers 186. 23, 25.. COopEr, EDMUND, telegram respecting peace proclamation, APPOINTMENTS TO OFFICE, President Johnson's order respect- 17; claimant of seat in Congress, 108 admission of, ing, 7.' -.' 182. ARKANSAS, President Johnson's telegram to Gov. Mfirphy, COWAN, EDGAR, proposition for female suffrage, 184. 28; claimants in Congress, 107,108,183; vote of legis- DAVIS, DAVID, Justice, opinion in Milligan case, 209-217;. lature on 14th amendment, 194; Republican platform endorsements of, 244, 248. of 18867, 250, 251. DAVIS, JEFFERSON, President Johnson's order for arrest of, ASHLEY, JAMES M., action on impeachment of President 7; resolutions for trial of, 113.; President Johnson's Johnson, 187-189.. allusions to, 135, 140. ASSASSINS OF ABRAHAM LINCOLN, President Johnson's orders DAVIS' TIMOTHY T., motion to table impeachmentresolutton, for'trial and punishment of, 7; withdrawal of reward 188. for John H. Surratt and others, 198. DEBT, amount of, of United States, 126,259. ATTORNEYS, test oath of, votes in Houseon,.11, 185; opinion DEFREES, JOSEPH H-., resolution on elective franchise 110 of Supreme Court upon, 220-239; orders of Court on, DfMOORATIO NATIONAL PLArFORM o ~ o.0,226,228.' 28' Democratic Congressmen, 119, 120 platform of Penn BINOHAM, JOHNNA., report on immunities of citizens, 105; sylvania in 1866, 123; sundry other,244246,247. joint resolution for the restoration of Tennessee, 105, DIRECT TAXES, propo'sed coinstitutional amendment on, 104. 151,112; amendment to-resolutionon President's policy, DISTRICT OF COLUMBIA, President Johnson on proposed suiT111; motion respecting the headquarters of the general rage in, 52; bill on suffrage, -116 to regulate commanding, the airmies, 178; bill to validate certain the elective franchise in, veto of, copy of, andvotes upon, proclamations and acts of the President, 185.' 154-160. BLOCKADE, proclamastions concerning, 7, 9,13. DIXON, JAMES, proposition for intelligen BOUT'WEtLL GEOROE.S., resolution for trial of Jefferson Davis, 184. * 113; bill to prescribe test oath fof attorneys, 184. DOUGLASS, FR:DERICK. President Johnson's intervi.BROOMALL, JOHN M., resolutions of, note, 111-113. ELECTIONS of 1866,ireturns of, 120; of 1867,259. BROWNLOW, WILLIAM G-., President Johnson's telegram to, ELECTIVE FRANCHISE, resolution concerning in the States 27, 199; proclamation of, respecting a Stat Guard, 208. 110; in District of Columbia 114-116,154-160; in TerCABiNET OF PRESIDENT JOHNSON, members of, 10,181. ritories, 116, 117, 184; in the insurrectionary States, CANDY,E. R. S., Major General, telegrams forbidding meet- 192; President Lincoln upon, note, 24; President Johning of rebel legislatures 19. son upon" 19; 20,. 24, 49, 52-55,154-159; proposed feCARTTER,.DAvID K;, Chief Justice, opinions on test oath, male, and intelligence smffrage; 184. 234-236. ELIOT, TuOMAs D., bill to repeal power to pardon by proclaCENSUs TABLES, on representation, population, &c.,.125. mation, 183. CHASE, SALMON P., Chief Just.ice, President Johnson's allu- FEMALE SurrT.RiON, proposition for ili Senate and House, and sions to, 135, 140; opinion on h/baeds corpus case, 217- votes, 184 forimer is.New Jersey, note, 258; pending 220; opinion in Mississippi injunction case, 239 240.. proposition in Kansas and Wisconsin, 258. CITIZENSHIP, constitutional amendment, 102; legislation re- FIELD, STEPHEN F., Justice, opinion in test oath cases 220specting, 78. 228CIVIL L GH0'S BuLL, veto of, copy of, and votes Upon, 74-80. FLORIDA, provisonal governor appointed, 12; General Gill.CIVIL TENURE BILL, veto of, copy of, and votes uponl, 173-178. more's order ansnulling acting Gov. Allison's call of rebel CLARKE, SIDNEY, resoldtionslon impeachIment, 190. legislature, 24; reconstruction. steps in, 24, 21 FreedCOLORADO, first bill for admission of,-veto. and votes, 81-83; men's code, 38-41; claimants in Congress, 107, 108. second bill, veto and votes, 160-164. FORNEY, JOHN W., Secretary of Senate, 107, 182; allusions of COLORED PEOPLE, President Johnson's address to, 60, inter- President Johnson to, 61. view with, 52-56, conventions of in insurrectionary FREEDMEN'S BUREAU, President Johnson's veto of first, copy States, 18,20, 21-24. * of, and votes on passg and repassing, 68-74; veto of COLORED SoLDiBs, President Johuson's address to, 49-52. second, copy of, votes oni passing and repassing, 147COLORED SUFFRAOE, President Johnson'a telegram to-Provis- 151; number of rations issued by, to April 1, 1866, note, ional Governor Sharkey, 19, 20; President Lincoln to 69. Governor Hahn, note,.20; President Johnsons' allusions, FRELINOGUYSENJREDERiCK T., bill to restore confiscated 24, ~49, 52-55; proposed in District of Columbia, 114- property, 187. 116; in Territories, 116, 184;. proposed in Connecticut, GEoRolA, General Gillmote's order annulling'Gov. Brown's and vote, 120; in District of Columbia, 114-116, 154- call for a meeting of the rebel legislature, 20; recon160; in insurrectionary States, 192; in various loyal struction steps in, 20, 21; laws on freedmen, 32, 33; States, 257,I258.'.. claimants in Congress, 107, 108, 182; vote oflegislature COMMANDER-IN-OHIEF, of the Army, headquarters perma- on14th amndment,194. nently fixed, protest of President Johnson, and vote GRANT, ULYSSES S., report on condition of insurrectidnary upon, 178..,.'StatesQ0, 68;-'terms of Lee's surrender to, 120, 121; COMMERCIAL INTERCOURSE, President Johnson's orders re-. orders for protection'of loyal persons, 122; order for specting, 7, 9, 13.. "uptiressioli'of disloyal newspapers, 123; revocation of CONFISCATED LANDS, bill to restore, 187.'''''' the same, 199;'order assigning military commanders to CONGRESS, resolution on duty of to guarantee a republican districts 200; order of, disallowing State and local form of government, 112; President Johnson's telegram. elections in Alabama, 204; fixing headquarters, 178. to Provisional Governor Perry on organization of 39th, HABEAS CORPUS, annulling suspension of, in certain States, 24; members of 39th Congress, 107, 108,. 181, 182; of 15 resolution on, 112; bill respecting, 116; opinions of 40th, 182, 183; President Johnson's description of "'.as Supreme Court on-, 210-220.' abodyhanging Upon the verge of the government," 127.; HlALE~UtOERT S.,' amendment-to suffrage bill, 114. other allusions-to, 128, 129,135, 197, 138,142. lALPINE CHARLES G., President Johnson's interview with, CONNECTICUT, electron of 1865 on colored sufirage, and elec- 141-163. tion of 1866,120; election of 1867, 259; party platforms HENDERSON, JAMES 11. D., resolution on treason, 109. in 1867, 243, 244. IHILL, RALPfe, resolution en test oath, 110. 260 INDEX. 261 HOLDEIT, WILLIAM W., appointed pTroisional governor of JUDICIAL OPINIOsg, on hadeor uL, 210-220; on test oath 43of JUDILL OM0NS, on haea~s corpus, 210-220; on test oath North Carolina, 11; President Johnson's telegram to, 220-239; on military reconstruction bill, 239, 240. respecting rebel debt, 19; defeated for governor at elec- JuIcIItRY COMMITTEE, report on proposedimpeachment, 188,. tion, 19. ~'~-. ~ 189. HOLMAN, WILLIAM S., motion to table impeachmelnt reso1nu- JULIAN, GEORGE W., homestead bills of, 116, 186. tions, 190. KELLEY, WILLIAM D. suffrage bill of, 114. HOMESTEAD ACT, hill extending, 116, 186'. KELSO, JOHN R., regolutions on impeachment, 187, 188. HOWARD) 0. 0., Major General, orders of, 12, 13.. KENTUCKY, withdrawal of martial law, 15; resolutions of IMPEACHMENT OF, PRESIDENT JoHNSON, proposed action of Con- 1798, 254-256...griess, 1877-190..,:.,.''-: LEBLOND, FRANCIS C., motin: on disbanding militia of cer. INSURR CIOlNARY STATES., procljnations Concerning, 7,9,11, tain States, 178.. 1,3-17, 194;reconstructionstepsin, 18-2s8; aws -on, EE, R.., terms of surrender, 120, 121. freednmen, 29-44; President^ Johnson's:messages con- LEGISLATURES, votes on 14th constitutionalamendment, 194. ernig, 64-67, 166-172, 178-4180; ene3ral Grant's re- LINCOLN, ABRAHAM, orders for trial and punishment of port, 67, 68; votes in, Congress upon,note, 72,183, 184; assassins of, 7; letter to Gov. Hahn on colored suffrage, reports, propositions, and laws, 102-106 166-172, 178- note, 20; telegram to Gen.' Weitzel, 26;. withdrawal of 80;claimantsfor seats in ongress107,108,181-183. reward for alleged assassins of, 198... JOHNSON,'ANDREW, Cabinet ot,'107,18.1; inaugurati6n of, 44. LISTS oF CONGRESSMEN AND CLAIMANTS, 107, 108, 181-183. JOHNSON, ANDREW), INTERIVS;ANtDSPEECHES~-To citizens LOAN, BENJAMIN F., resolution on impeachment, 187, 188. of ndiaa, 44-4; Nashvil spee of June 9,1864, LONGYEAR, JOHN W., resolutions of, 111-113. fte, 46, 47; to Virginia refugees, 47, 48; with George LouIsI NA, J. M. Wells elected governor, 28; pardon of Mayor L. Stearns,48, 49; to colored soldiers, October 10, 1865, Monroe, 28, 29; legislation on freedmen,'^43, 44; claim49-51; withSenator Dixon, 51,52; -with colored delega- ants in Congress, 107,108, 183. tion respecting suffrage, and reply of,52-55; with comn- MARVIN, WILLIAM, appointed provisional governor of Florida, mittee of the Virginia legislatbure,56-58;pee ofeb- 12; claimant of seat in Senate, 107. uary 22, 1866, 58-63; speech to colored peOple of Dis- MARYLAND, unconditional U nion platform, 124; legislature trictof Columbia, 63; on receiving proceedings of Phil- on 14th amendment, 194;'Republican platform.and calls adelphia convention, 127-129; in.New'Yodrk,1292134; of 1867, 245; memorial to Congress of Republican memin Clevelaiid, 134-136; in St.' Louis, 136-141; with bers of the legislature, note, 246;. sundry facts. respectCha~rle8sG.Halpine, 141-143. -'; ing, 259. JOHNSON, A REW, MESSAGES oF-First annual, 64-66; sec- MCPHERSON, EDWARDI)clerk of House,.108, 182; telegra.mu noidanniual, 343-147; special, on the condition ofthe concerning,24. E the concerning, 24..... ~insurrectionary^ States, 66-67; veto of first Freedmen's MEXICO, relations of United States and France to, 146, 147 Bureau bill, 68-72; of' second, 147-149; veto of civil MILITARY COURTS, effect of peace proqimatibn upon, nfit., rights bill, 74-78; vetoof first Coloradobill, 81, 82;.of 17; order in relation to, 17. -.- second, 160-163; on proposed conlstitutional: amend- MILITARY RECONSTRUCTION BILL, 191, 192; supplemeAt,.'1 meat,-83; on restoring Tennessee to'her relations to 193; orders thereunder, 199-208. he Union, 152-154; veto of the'District of- Columbia.MILITIA FORCES OF INSURRECTIONARY STATES, action P.1 uffrage'bill, 154-159; veto of the Nebraska bill, 164, orders respectlng, 178, 201. 166-172; MILLER, SAMUEL F., Justice, opinion on test oath cases, 2'.Svetof the CivilTenure bill,''173-76: accompanying 234. th eapprovl of. -n Army appropriation bill,178; vveto MILLIGAN CASE, opinion of Supreme Court, 210-220. of the Suppilemental R~econstruction bill,.178-180; *mes- MIssIssIPPI, rebel legislature forbidden to assemble, 19; re-.sage accompanying the, approval of a, Re~construction construction steps in, 19, 20; on colored suffrage in, 19,.appropriation bill, 181. -, 20; laws on freedmen, 29, 32; claimants in Congress, JOHNSONANDREW, probosed impeachmentfof,187-190. - 107, 108. -.. JOHNSONANDREW,-ORiDEtSSAND PROCLAIM~ATIONS OgF,7-18,194- MORRILL, LOT M., amendnents to suffrage bill, 1-15.,208; on'commercial intercourse and blockade, 7,9, 13;.NEBRASKA, election in on State government, &o., 120; veto fortrial'and punishnienttof Abraham Lincoln's assassins,. of, and votes upon, bill to admit, 164-166; proclama7; for' arrest of Jefferson Davis, Clement C. Clay, and tion of President Johnson of admission of, 198. others, 7; and withdrawal of, nte, 198; for release of NEW HAMPSHIRE, election in 1866, 120; in 1867,'259. liement C. Clay,o note, 8 recognizing Governor Pier-' NEW ORLEANS RIOTS, President Johnson's allusions to, 137.,point's administration in Virginia, 8; respecting rebel NOELL, THOMAS B., bill to authorize female suffrage, 184. cruisers receiving hospitality in foreign ports, 9; of am-. NORTH CAROLINA, provisional governor appointed, 11; renlesty, 9, 10; appointing provisional governors in North construction steps, 18, 19 claimants for seats'. in ConCarolina, Mississippi, Georgia, Texas,. Alabama, South gress, 107, 108, 183; cionvention of colored people, 18; Carulina, and Florida, 11,12; respecting freedmen, 12, laws on freedmen, 29; platform of Republican State 13; for return of property to pardoned persons, 13; re- convention, 251, 252. specting the State of Tennessee,13, 14; passports for OHIO, legislature.on 14th amendment, 194; resolutions of paroled prisoners, 14;'paroling certain State prisoners, Democratic convention of 1867, 247, 248. 14; withdrawing martial law from Kentucky, 15; an- ORD, EDWARD 0. C., Major General, order of, 206. nulliig the suspension of the habeas corpus, 15; an ORDERS, MlLITARY, 36-38; 41, 42; 122,123, 124; 199-208. nouncing that therebellion bad ended in certain States OREGON, election of 1868, 120. namied, 15, 16; that civil authority exists throughout PARDONED REBELS, order'for return of property to, 13; Presithe whole of the U.. S., 194-196; President Johnson's in- dent Johnson's allusions to, 139. terpretationthereof, note,17; in relation to appoint- PARSONS, LEWIS E., provisional governor of Alabama, 12; ments to office, 17; in relation to trials by military claimant ofseat as Senator, 107. courts' and commissions; 17; forbidding the invasion of PENNSYLVANIA, iesolutions of Union and Democratic State.Canada by the Fenians,17, 18'; respecting merchant conventions of 1866, 123.'vessels in certain'ports of Japan, 196,197; respecting PERRY, BENJAMIN F., Provisional Governor of South CaroMaximilian's decree of July 9, 1866, 106; respecting lina. 12; telegrams to and from, 22, 23, 24; claimant of supension of tonnage and impost duties of Hawaiian seat as Senator, 107. vessels, 197; declaring Nebraska a State in, the Union, PHILLIPS, WENDELL, President Johnson's allusions to, 1', 135, 198; withdrawing reward for John H. Surratt, and' 140. others, 198; concerning release of convicts, 198, 199; PLATFORMS of 1864, Union and Democratic, 117, 118; of assigning commanders- to military districts, 199, 200. 1866, 123, 124, 240-243; of 1867, 243-253. J.HNSON, ANDREW, TELEGRAMS O, to Prov. Govs. Holden POPE, JOHN, Major General, orders of, 204-206. and Johnson on repudiating rebel debt of North Carolina PUBLIC DEBT, resolution respecting inviolability of, 109; and Georgia, 19, 20, 21; to Prov. Gov. Sharkey on proposed constitutional amendment respecting, 102,103, colored suffrage, 19, 20; to Prov. Gov. Perry on ratify-'191; amount of, 126,259; President Johnson's allusions ing anti-slavery amendment, &c., 22, 23, 24; to Prov. to, 141, 146. Gov. Marvin on ratifying anti-slavery amendment, 25; PUBLIC LANDS, proposed legislation on, 116,156. to'Gov. trownlow on.enforcing election laws, 27, 199; 1IANDALL, SAMUEL J., resolution on public debt, 109.. to Gov. Murphy, of Arkansas, 28; to.Prov. Gov. Throck-'EBEL CRUISERS, proclamation concerning, 9.'morton, of Texas, 199; to Montgomery Blair, 199. REBEL DEBT, propositions to repudiate, 19, 21, 23, 24, 28,102, JOHNSON, ANDREW, thanks of House to, 113; sundry resolu- 106, 109, 191. tions on, lll, 112, 187-190. REBELLION SUPPRESSED, proclamation announcing the, 15, JOHNSON, ANDREW, validating certain proclamations and 16,194-196. acts'of, 185.' REBELS PARDONED, order for return of propertyto, 13. JOHNSON, JAMES, Prov. Gov. of Georgia, 12; telegrams from RECONSTRUCTION, majority aind minority Of Committee on, andto, 20, 21. 84-101;_votes upon propositions of, note; 72, 102-106;, JO'NSTON,JosEPH E., agreementwith Gen. Sherman, 121-122. reconstruction bill,. (" military,") veto of, copy of, and JOINT RECONSTRUCTION COMMITTEE, reports of, 84-101; various \votes upon, 166-173; supplementary reconstruction.bill, prOpositions of, 102-106. veto of, copy of, and votes'upon, 178-181. 262 IND E X. RECONSTRUCTION MEASIRES OF THIRTY-NINTH AND-FORTIETH 154-160; in Territories, 116, 117,184; vote In ConnecCONGRESSES, and votes of legislatures on, 192-194. ticut, 120; President Lincoln upon note, 20 President R SEPRE SENTATION, proposed constitutional amendment on, Johnson upon, 19, 20, 24 49 52-55 154-159; propo ed 102-105; census tables on, 125. female and intelligence suffrage, 184; in the insurrecREPRESENTATION OF INSURRECTIONARY STATES, President John- tionary States, 192, 194. son's allusions to, 57-66, 71, 72, 82, 130, 144, 153,172; SMNER, CHARLES allusio concurrent resolution upon, note, 72;;majority and min- 137. ority reports upon, 84-101; bills and propositions rn e-abeas cmS lating to, 102-106; resolution concerning, 109; joint us, 209-220; test-oaths,220-234;Mississippiinjunction resolution regulating,.184; bill prescribing terms of, case, 239, 240. 191, 192. SURRATT, JOHNH.,rewardfprarestofwithdrawn,198. REPRESENTATIVES IN THIRTY-NINTH CONGRESS AND CLAIM- TABER, STEPHEN, amendieht to homestead act, 116. ANTS, 108, 109, 181, 182; in Fortieth, 182,183. TARi]Ss;,votes on all since 1816, 126. RESOLUTIONS ON POLITICAL SUBJECTS, 109-114,183-186. TENNESSEE, President Johnson's proclamation respecing ROBINSON, WILLIAM E., motion to table impeachment reso- suppression of insurrection in, 13; franchise acts in, 27, lution, 190. 28, and President Johnson's.tolegram to Governor Brown. BHODE ISLAND, election of 1866, 120; of 1867, 259. lew respecting 27,199 legislation on freedmen 42, 43; SCHENCE, ROBERT C., propositions on representation, 104, joint reslution restoring the relations of to the Union, 105; on Fenian resolution, 114; on suffrage in District 105,152; message of President Johnson in approval of of Columbia, 115] on suspending payment for slaves 152, 153; admission of Senators-and Representatives, drafted or volunteered, 186, 187. 181,182 Governor Brownlow's proclanation respecting SCHOFIELD, JOHN M., Major General, orders of, 200, 201. a State guard, 208; legislature on 14th amendment, SENATORS IN THIRTY-NINTH AND FORTIETH CONGRESSES AND 194; Republican and "Conservative platforms of 1867, CLAIMANTS, 107,108, 181, 182. 248 249.. SEWARD, WILLIiAM H., certificate of ratification of anti-sla- TERRITORIES, elective franchise in, 116, 184. very amendment, 6; telegrams to:provisional govern- TERRY General, order relative to vagrant laws of Virginia, ors, 21 23, 24, 25, 199; report on transmission of 14th 41, 42. constitutional amendment, 83, 84.. TEST-OATH, action of North Carolina requesting epeal o SHARKEY, WILLIAM L., provisional governor of Mississippi, 19; of Mississippi, 20; votes in House on, 110, I, 184; 12, action as, 19, 20; claimant as Senator, 107. copy of, note, 193; opinions of Supreme Court on, 220AN, PHILIP H., Major'General, orders under military 240. reconstruction bill, 206, 207. TEXAS, provisional governor appointed, 12; action of conSi.P suAN, WILLIAM T., agreement with General Johnston, vention,18;laws on freedmen, 43; claimants of seats 1-.l, 122.' ~. mi Congress, 184; legislature on 14th amendment, 194.'OKLo S, DANIEL E., ojor General, order setting aside South THORNTON, ANTHONY, resolution on elective franchise, 110. iarolina code, 36-38; orders under military reconstruc- TREiASON, resolution on punishment of, 109. 11on bill, 202-204. TRIMBLE, LAWRENCES., motion to table bill respecting con-s, to suspend payment of, 186,187. -. - fiscated lands, 187.'~ CAROLINA, provisional governor appointed, 12; tele- VIRGINIA, order to re-establish authority in, 8, 9; call for grams toand from, 22, 23, 24, and note; reconstruction, meeting of rebel legislaturegnd Mr. Lincoln's telegram steps in, 22-24; General Gilniore's.order annulling Gov- - forbidding, 25;:legislationin,26,27; freedmen's code, ornor Magrath's call for a rehel legislature, 22; laws on and General Terry's order setting'aside, 41, 42; claim-'teedmen, and General Sickles' order thereon, 34-37; ants for seats in Congress, 107, 108; Republican platclaimants in Congress, 107, 108, 182; platform of form of 1867, 253,254; Virginia resolutions of 1798,256 Charleston Republicans, 1867, 252, 253. 257. SPALDING, RUFUS P., motion to table impeachment resolu- VOORHEES, DANIEL W., resolution endorsing President Johntion, 188.:son's policy, 111.' Sl1TE PRISONERS RELEASED, 199, 200.. -. WEST VIRGlsIA BILL, votes on, 16; election of 1866, 120. SEARNS, GEORGE L., President'Johnson's interview with, 48, WHIPPING OP THE PERSON, order prohibiting in. Virginia, 49. 200, 201; elsewhere, 201., STEVENS, THADDEUS, allusions of President Johnson to, 61, WILLEY, WAITIAN T., amendment to suffrage bill, 115, 116. 135, 137, 140; resolutions on representation, note, 72; WILLIAMS, THOMAS, resolution on withdrawing military fo-ce, propositions from Reconstruction Committee, 103-105; Il; bill to restore confiscated lands, 187. resolution on test-oath for lawyers, 11; motion not to WILSON, JAMES F., proposition relative to rebel debt, 106; recogniae the North Carolina State government, 113. resolution on representation, 109, 110; amendment to SUFFRAGE, in District of Columbia, 114-116; veto of bill suffrage bill, 114; report on impeachment, 188,189. regulating, copy of, and votes on passing and re-passing, WYLIE, ANDREw, Justice, opinion on test oath, 236-239. THE HUDSON TAYLOR OKE & STATIONERY STOI Established i848. FRENCH & RICHARDS.ON No. 334 Pennsylvania Avenue, between 9th and ioth Street, WASHINGTON, D. C. 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