Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-03-02
xxXIxTH CONGRESS.
Resolution Against the Admission Ct
Southern Representatives.
SPEECH OFF MIR. JOHNSON
A BILL TO PROTECT CIVIL RIGHTS,
Civil Appropriation Bill.
SENATE.

disbanding of the militia forces OF the reoel States
and to prohibit their reorganlzatlon'
BILLS INTRODUCED.
Mr.. Morrill, introduced bill 10 incorporate the
National safe Depos C1p3ny Of Combs nc
Mr. Creswell introduced Il bill to incorporate the
Metropolitan Manufacturers, Mechanics and Mining
Company. Referred 10 committee Oh inc UatflcJ OF
ooi"-1'''' THE EuLoGY ON Mr.. DAVIS.
Mr. Wilson introduced a resolution to print 1000
COPIES of the eucgy on the late Henry Winter Davis
by Senator Creswell, which was referred the Commit
tee on Printing. -
Mr.. Stockton presented the joint resolutions of the
legislature of New Jersey, asking for the equalza-
ton of bountes Referred to Committee on Military
Also. resolutions of the New Jersey Legislature,
asking for the continuance Of the Veteran Reserve
Corrs in the service. Ordered to be printed and laid
on the table.
ATLANTIC AND PACIFIC RAILROAD.
On motion Of Mr.. Brown, the bill to grant lands
for the construction of the Atlantic and PACIFIC Rail
road was taken up, and after several amendments
were concurred N, was lald over.
IMPORTATION OF DISEASED CATTLE.
Mr. sherman, from the Committee on Agriculture,
reported the House bib to provide against the i'm
poraton of diseased cattle or hides, the time for
such prohibition to &c al the discretion OF the Secre-
times and passed.
ADMISSION. OF SOUTHERN REPRESENTATIVES,.
Themo-ning hour having expired, the Joint reSOlr-
ton providing against the admission OF Southern
representatives was taken up, upon which Mr.. Stew
art, of Nevada, was entitled to the hoor
$500 -N-4-N~-AS
SPEECH OF Mr.. JOHNSON.
Mr.. johnson said the question we propose to dis
cuss was the condition of the States lately in rebel
lion. Upon former occasion he had maintained
6eore tae eeng o al uSn 'f f Is
possible that he might be error when his opinions
cOnfcted with those of a Senator like the Senatot
from Maine. Mr. Fessenden) and he had listened tr
the argument of that gentleman to see whether he
had been wrong, but since the speech of the honor-
opinions. In differing from that Senator he wor
state his views with the same respect for that Sc1-
tor which he had entertained since the first moment
The. question is, what is the condition of those
States There is not hostile foot on their soil no
resistance Is made to the Government, and the per
manent authority Of the Government is maintained
everywhere and recogni lied everywhere
So far as lie could understand there was no desire
to oppose the Government but rather that its IN L.
should over Them. Such being the case the Govern
ment ruling over them trying them, should it not he
same privileges as VIC enjoy.
With these preliminary remarks he deemed it nee
essary to call the attention othe Senate to the char
acter of the Government under which We lived Tho
Senators from Maine, Massachusetts, and Hevgdq,
had discussed the question fthe Government were
capable of doing what any Government national in
is this true. Mr.. President? When the colonies de
terpined to resist the arbitrary acts of Great Britain
each Tor itself became nation. They Acknowledged
no superior and were competent to do what an
Government could do Finding it necessary to hay c
some articles Of confederation. they entered into
right Which they had. They did more He fr, ar
government which they created was no goycrnIieff
at all. 1t was league, compact, and the powg,s
granted were not to be exercised directly upon The
people. but upon them through the States The
Constitution did not impair the sovereignty of the
The government created by that Constitution WAS
partly national and partly federal The very manner
of its adoption demonstrated that. in the judgment
OF the men Of that day, 1t was not national govern
ment. Its approval or rejection submitted to the
people of the several States separately. TWAS not
States. 1t might have been adopted by the required
number of States, and yet not have met the appro-
Mr. Madison that the Constitution was neither r. nm
tional or federal, but composition of both Its ma
chinery involved the existence Of State. Congress
cannot be convened or this body elected unless by
State action. The Constitution expressly provides
that the Legislatures shall elect Senators States arc
necessary to the existence of the Government and il
could no more get along without them than without
people. He who endeavOred to blot out the States
struck at the very existence Of the Government. IT
the men who framed that Constitution had been
asked whether they had ever contemplated the CON
tlneency OF the non-oXiStence of the States, they
would have said no. The States were more necessary
to the Government than the Government to IL;
States.
The judicial jurisdiction over concerns affecting
intimately the interests of the people is lett to the
States. The Government deals with internal affairs
with matters affecting the interests eff the States ia
Sc assuming that those States are States, and deny
ing them the power regulate their own affairs and
II you have not the power they in state Of an
arehy; To use fayorite Illustration Of his fEie9d
as the multiplication table. No power existed in
them to amend the State Consitutions. He aid not
think the Senator from Maine mir. Fessendenl
claimed that these States bad lost their existence bu
as far back as 1862, bis friend FROM Massachusetts,
Mr.. summer had enumerated the doctrine that those
States were in the condition OF territories and shai
reduced to obedience they We're absolutely at thc
mercy OF the eor9uerors, and subject to such terms
Mr.. j. said that in February 1862. when Mr.. Sum
ner introduced resolutions to this intent in the sen
ate it was said in debate that vote but his own
could be obtained for them. If IsLIyU1 fha
ate considered them States. that the war was
over, they still not States? Could the most ac
compished Sophist argue that what the war did not
accomplish while raging, was the result of its
eessful prosecution? If then the argument of the
now as when the rebellion was inauguratcd, and
stand in the same relation to their sister States as
before. If this follows then they not entitled to
representation? to the point that persons who
had committed treason against the United States
could not sit here. that was another question; he
spoke only of the rights of the States. So jealops
were the powers of the Constitution on this poipt
that they provided against the power of amendment
every State to have equal sgrage in the Senate
Two provisions were placed beyond amendment
the one of which he had just spoken absolutely and
the other which he had always considered blot
upon that instrument, providing for the importation
OF slaves Tor period oftwenty years. 1t was in the
estimation of the founders of The Government car
dinal principle, one to be maintained forever that
each State should have equal suffrage in the Senate
unless it voluntarily surrendered it, If then they
are States it would seem TO be obvious that these
States were much entitled to representation in the
Senate as any of the States now represented here
He did not understand the Senator from Maine to
deny the right OF these states to be represented but
fraught with peril to the country. What peril? had
not the armies laid down their arms? had not all
resistance ceased? were they not standing humhly
before the President. asking pardon did they wish
to be represented? Your table is loaded with their
applications. Do you object to the men? Mo- Perry,
of South Carolina. whose credentials prcsentedyes
terday Hunt, of Louisiana; and Sharkey, of Mjsss-
sippi-what objection can be urged to them?
MIR. Sumner-ls the Senator aware that Mr. Perry
heQ ONCE under the rebel government. and fhpra-
fore cannot take the oath?
:, Mr. johnson, that isso far off from the question
that cannot answer it. The Senator rests his oh
lection upon gentleman not being able to take the
oath. suppose then, he is willing to admit any one
out dispara2ing the Senator, tell him that these
gentlemen are as loyal as he. Perhaps may answer
somewhat. the question of the Senator. by reading
from the speech Of Mr. Stephens the Georgia Leg
islature on Feb. o.
Mr.. Johnson then read from the speech in question
Mr. President are these men to be treated as Grim
inals? the doctrines that they held are not confined to
the South. Jle QMr. Johnson had stated in former
remarks on the subject, that the doctrine that the
separate states had right to secede if they had
cause for complaint, was distinctly asserted BY MIR
Madison in speaking of the alien and sediton laws
fined to the South. He held in his hand resolutions
passed at meetng in Ohio. in 1859. which went as
The Senator from Ohio (Mr. Wade) and the present
Chief Justice (Mr. Chase took part in the proceed
ings. and reported the resolutions. Mr.. j. read one
Of the resolutions which asserted that the several
States were united by compact only and The rchf of
a State to resist acts of the General C;oyernmenf liz
did not cite this for the purpose of assailirg the
present loyalty of the Senator from Ohio but TO
that the utterance of such doctrines in the mast
no proof of present disoyalty and if he had the
right to renounce such sentiments why had not these
Southern gentlemen the same right? Massachu-
sets, that State which now gave us so many good
axioms refused in the of 1912 to let her soldiers
that that act OF dsloyalty. but she had since
emerged from the reproach, and was now as loyal ms
ever. When it was proposed to acquire Louisiana
Massachusetts was again on fire.
He read from the speech of Jonah Quincy threat
ening even fOrcible separatorin case it was done
scented here utter sentiments utterly disloya
so papably unconstitutional as these. If he (Hr
Quincy was an applicant for a seat in this body
would the Senator from Massachusetts Mr.. Summer
object to his admission? and yet he knew that no
timent from the lips of John C Calhoun was ever
hves of any Senator, but here was a Senator here
who has proved his loyalty in the late terrible strug
gle. but who had claimed the right of Ohio to
her sovereignty and resist by force the of the
government 1t was m0nstrous doctrine, fatal to
the existence OF the Government hut vet honestly
entertained. Ii the Chief Justice has not changed
the OpiDi ions which he entertained in 1850 he is not
tit, Mr. President to sit in Judgment upon those who
have offended the majesty of the law. Under the
power there was no authority in Congress to mt
out the militia to suppress domestic insurrection
They had no power to make war upon n State
After arguing at some length On this point Mr. i
proceeded to show that the States were cOmnonant
part of the Government, that the citizens owed fga
ty to the United States through the States but frt
aduced to show that the rebellious States were re-
stored to their former status when the rebellion
ended, and judicial questions were to be treated
as States, not Territories He quoted the order of