The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1866-12-28
SPEECH OF SENATOR rEssENDEN.

ton in question.
SPEECH OF SENATOR FEssENDEN.
Below we give the speech Of our Sena.
tor occasioncd by the report to admit Ne
hraska as State. 1t will be found as in.
,ilnating the future course to DO pursued
towards the dsorganized communities in
the South. In certain events, and Il will be
found occupying the same ground we have
argued in these columns: .., ..r
so Ear as the committee OF reconstruc-
ton in concerned, think by a reading Of
their report their understanding of this
whole matter may he arrived ut. We SUBJ
mltted u constitutional amendment, and in
the report itself we discussed the question
of the standing Of the States themselves.
Unless am very much mistaken in my re.
port, it does not admit, but almost specifi.
cally denies that any one Of he States in
rebellion has ever since been In condition
to do legal act rs State or one which we
are hound to recognize thar any Of them
is 81 constituted that the men, presuning to
be the Legislature or to act as Legislature
are so, in point Of fact, unless we choose
to recognize the State government as such.
which we have never done with regard to
any Of them excepting simply the State OF
Tennessee.
understand that this matter Of ndmit-
ting State is a matter Of compact. A
State may establish government If il
pleases, or sort of government 10 suit it.
self; It may call convention; It may I'M
stitutc'a form Of government II 1t likes and
proceed to act under IL; AMI If the Con.
grcss Of the United States chooses to rec
ognize that as such in Territory, or in a
State situated rs these rebeious States are
they have the power to do so. But sup
pose they do not choose to do II, hut take
exception to the form. does the body as.
Stunning to act rs n Legislature remain
Legislature SO far as we are concerned
Does the so.caled State government enti-
tie itself to be the government Of the State
so far as Congress and the Government OF
the United States are concerned? Not at
all, until we como into the compact. We
do not say that State government Is all
right ir il answers "ay" but all wrong IL il
answers "no." We submit our cons,iiu.
tional amendment in the regular form; we
provide that il shall be submitted to the
Legislature Of the States. We do not sub.
nit il ourselves except by passing vote to
that effect. We authorize the Secretary Of
State to transmit copy to the several States
OF the Union; no more than that; and
when he receives the answer TO let il be
known. That is all. We do not under
take to say that either this, that, or the 9TH
er Stale 10 in condition 10 net 50 az llTt
its action on the subject shall I've binding.
Now. with reference to myself indiyidu-
ally. do not know, and I do not under.
take to say, what may or may not ,lo in
given, specific case. But when We vote
for constitutional amendment to be sub
United and il is submitted by the Secretary
Of State to the Legislatures now In exist
ence, do we admit that those States are reg
ularly constituted and that we have got to
recognize them after they have acted ! Not
ut all. My own understanding is that
have a right to inquire, and il is my duty to
inquire. whether this constitutional amend
ment has been legally adopted by Legis-
lature of State which am bound to rec
ognize. Have ! not a right to make in
quiry? II an organization, no matter how
got up, with or without the consent Of the
people or majority of the people Of a
State, sets itself up us the Legislature. am !
precluded from inquiring into the fact
whether that il the Legislature Of the State
whose action is binding on tho question
Submitted? That is question which !
have right to examine. q am not pre-
4 n .,,s III nj no.
port Of the construction committee, so
called, that these States are 10 constituted
and 80 organized that their action, 30 far rs
the United States Government Is concerned,
is legal aud binding upon any one subject.
have not admitted that; do not admit II
now. les" ~
Aud yet, sir, I am free 10 say that If from
the conduct Of q government assuming TO
be the government Of a state, from the con.
stitution that they subin,tted-and here let
me say that no constitution has yet been
Submitted to Congress from any Of these
Stales--l saw that the principles OF that
conslitution were such as would render il
safe and proper in my judgment TO say that
il was the constitution OF State, and that
tho Stute should como into Congress,
NIGH, then come into compact and say that
such State was to be admitted into the
Union or TO I've recognized rs one OF the
States of the Union, IL gentlemen like that
language better, on the constitution thus
submitted 10 Congress and the provisions
they had made. Hut is it to he held that
before any such thing has been done, when
the old constitutions have been overhrown,
with everything, to use the language Of the
President, prostitute in the dust, nothing new
done under the authority of Congress. or
even by the assent Of auy one OF these
States, I am to take il for granted that that
il the constitution Of State, uDd that they
are States in the Union viii, oil proper colt
nections with the Government OF the United
States, before know what il is? take Il
for granted that that Is not obligatory on me
in any sense; and wan, to say here now
with regsri TO the formation OF these States,
il you please TO call il 81, because We all
understand what their condition Is, con
ceivc that have right to inquire what the
terms OF their constitutions are, to see
whether those terms are satisfactory, wheth.
or they have placed themselves in condi.
ton to be admitted, whether they were in
condition to adopt the constitutional amend.
,nrnt which We have submitted, and wheth.
or they have done il; not that amy convoca-
). ton oil people called together by sairuh
forming new arrangements to suit them.
selves, which they have never chosen TO
suhmit To Congress or the people OF their
State, OF which va know nothing officially,
arc necessarily Legislature and govern
ment, all Of whose acts we arc pledged to
take as the acts Of the proper, well.organ.
i.esk constitutional governments OF States
In tho Union, and having Repaired oil their
broken connections with the Union. '
admit no such doctrine, sir, aud there.
fore ! say, after vote has been taken, i
any should 10 BY any one OF these so-called
Sssee sdopsins the constitutional an'end'
msus: l. may DO question prsl.n.p.ry WIN
adopted by . legally organized constitution.
- ,S...,,,,,,.,, n \ 9tste which am bound