Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-03-03

neA. rehresanked Ia theA Congress Of the
United States. We had no right to pass
law declaring these States in rebellion.
Why2 The rebels were not here to be
represented in the American Senate.
We had no right to pass law authofiz-
ing the President to issue proclamation
disseminating all intercourse with the
people of those rebellious States; and
why Because they were not repre-
scented here. We had no right to block
ade their-coast Why ? They were not
represented here. They are States, says
the President, and each State is entitled
to two Senators. and to at least one Rep
resentative. Suppose the State of South
Carolina had sent to Congress, daring
| the war, Representative bad Con
gress nothing to do but admit him II
| found qualified ? Must he be received
because he comes trop State, and
State can not go oat of the Union
Why, sir, is anything more necessary
than to state this proposition to'show
its absolute absurdi!y Iagree, sir
Mr.. Cowan-H the Senator will allow
Tie Presiding Oficer, (Mr. CLARK in
the chair. Does the Senator from II
fnois yield the floor to the Senator from
Pennsylvania
Mr.. Trumbull-H it is simple ques-
ton, do; but if q speech, prefer not
at this hour.
Mr.. Cowan-I do not intend to make
q speech, but wish merely to ask, why
not cite the President fairly2
Mr.. Trumbnll-I mean to do So
Mr.. Cowan-What does he say with
regard to the reason why these States
were not represented here during the
rebellion @ait
Mr. TrumbnlI-I will read it. I wish
the country to have the full benefit of
the message. Certainly the whole ceun-
try viii read it. I would gain nothing
BY suppressing any portion of it. l did
read this sentence:
"The original act was necessarily
passed in the absence of the States
chiefly TO be affected, because their peo-
pie were then contumaciously engaged
in the rebellion" snaG
read chat before Does the Senator
desire me to read further2
Mr.. Cowan. No, that is the sentence.
Mr.. Trnmbull. / read that before.
The Senator could not have observed it.
But, sir, although the States "contuma-
eiously engaged in the rebellion" the
President states also in the same con-
nection that each State is entitled to re-
presentation, and he insists that taxation-
and representation go together The
rebel States are surely no more entitled
to representation before they have set up
governments recognized as loyal States
in the Union than when contumaciously
engaged In the rebellion, and no such
recognition has yet taken place.
Iagree that they are States. have
never argued that question. have I
never thought there was any great prac
teal importance in the question about
these States were 10 the Union or out Of
the Union. My view of it is this: they
are in the Union for national purposes;
We had right to blockade their coast;
| We had right to send armies there; we
have right to establish post offices
there; We have q right to appoint-cus-
tom house Offices there; we have a, right
to establish courts. - 49,
II For national purposes they are States
of the Union. What is their condition
for State purposes7 For State purposes,
las State organizations, they we're no part
of the Union. Why2 Because they set
up an organization hostile to the Union,
Every officer in the State of South Caro-
lima, for instance, took an oath of alIe-
glance TO government which they had
| set up in opposition to the Union. Now,
while occupying that condition, the
State could not berepresented here; and
why2 Because in order to be represents
ed there must be State organization in
South Csrolina for three or four years
was there for national purposes; so far
s,the Federal Governments legislsted,
we held it in the Union; we kept it by
our laws; we kept it by our arms; but
that State by its own action destroyed
its State organization, through which
alone it could be represented here. 10 81
Mr.. Cowan. If the Senator will allow
me-
Mr.. yTrumbuIL shall be through with
this point in moment, and will then
give way. fr mTo 81 -
Mr.. iCowan. Iwish to ask one ques-
ton on his point.
ton.
Mr.. Cowan. I ask by what rule the
rebel is to be treated after he submits
By what law? salsfse ssss ss
Mr.. Trumbull. he is to be hung, if
he is a big rebel EGreat applause in
the galleries H @
The Presiding Oficer-Ths Chair will
state to the occupants of the galleries
that it depends upon themselves whether
they viii stay here or not. Another in.
fringement of the rule will compel the
Chair to direct that the galleries be
cleared. It must not be repeated.
Mr.. Trumbull. Now, sir, in or der to
have representation in Congress, there
must be State Legislature. The State
Legislature of South Carolina, for illus.
tration, was disloyal Legislature at
war with the United States. It could
not elect Senators. 1t was not q Legis-
lature vested with any such authority.
The State Government was oyerthrown.
Now, what has happened2 Another
State Government, it is said, is set up.
Is ii the old State Government Not at
all til not the old Constitution of
South Carolina which is in force, but
new one set up by new people. Iris
not restoration of the old State organi-
cation. 1t is the construction of new
State Government.
Mr.. CONFESS, By rebels.
Mr.. Trumbuli-My friend says by reb
els. do not say that, but say we are
to decide who il is made by. 1t does not
necessarily follow that it is the proper
State organization to elect Senators to
this body. This is q question that we
must judge of. 1t does not necessarily
follow that it is State organization that
is to be recognized with all the powers of
q State in this Union. That is ques-
ton we have to dscide whether State
organization has been established in any
of the rebelIioas States which has au-
thority to elect Senators, is question
which Congress must decide; and if
decided affrmatively, then, when proper
persons present themselves, they are, Of
course, to be admitted But that is a
question the President cannot determine.
It ia question to be decided by the