The Portland daily press., 1866-03-12

purposes they are States Of the Union. Wha
Is their condition for State purposes? Fol
state purposes, as State organizations, they
were no part of the Union. Why? Because
tney set up an organization hostile to the I'm
ION. Every officer in the State OF South Car
ohna, for instance, took an oath OF allegiance
10 government which they had set up in or
position to the Union. Now, while occupying
that condition the State could not be repre-
sented here, and why? Because in order to
De represented there mnst be State organlza-
ton. There was no State organization In
South Carolina for three or four years-none
that we recognized The State was there fol
national purposes; so far as the Federal Gov,
eminent leSislated we held it in the Union
we Kept 1t by our laws; we kept it by our
arms; put that State by its own action de-
stroyed lis State organization. through which
alone It could be represented here.
Mr.. Cowan-If the Senator will allow me
Mr. Irumbull-I shall be through with this
pomt N moment, and will then give way.
MIR. Cowan-I wish to ask one question on
this point - ~
Mr.. Irumbull-Let us have the question.
Mr.. Cowan-I ask by what rule the rebel is
to be treated after he submits-by what law
MIR. Irumbull-He is to be hung, if he is
big rebel. lareat applause in the galleries..
The Presiding Oficer-The Chair will state
to the occupants Of the galleries that it de-
ponds upon themselves whether they will stay
here or not. Another infringement of the rule
will compel the Chair to direct the galleries to
be cleared. 1t must not be repeated.
Mr.. Trumbull-Now, sir, in order to have
representation in Congress, there must be
State Legislature. The State Legislature OF
South Carolina, for illustration, was disloyal
Legislature at war with the United States. 1t
could not elect Senators. 1t was not a Leeis-
lature invested with any such authority. The
what has happened? Another State govern
ment, it is said, is set up. Is it the old State
government? Not at all. 1t is not the old
State government of South Carolina which is
in force, but new one set up by new people.
1t is not restoration of the old State organi-
ton. 1t is the construction of new State
government. -r ~ ..t .... ...
Mr.. Conness-Dy rebels. -. H..
Mr.. Trumbull-My friend says by rebels. I
do not say that. but say we are to decide
who it is made by. Itdoes not necessarily fol-
low that it is the proper State organization to
elect Senators to this body. That is ques-
ton that we must judge Of. 1t does not ne
cessarily follow that it is State organization
that it is to be recognized with all the powers
of a State in this Union. That is a question
ton has been established in any OF the rebel
ious States which has authority to elect Sen
ators is question Congress must decide; and
if decided atfirmatiyely, then, when proper
persons present themselves, they are of course
to be admitted. But that is question the
President cannot determine. 1t is question
to be decided by the United States, by the rep
resentatives. of the people in Congress assem-
bled, with the cooperation of the President.
/ care not how these State organizations are
gotten up, whether with the aid and assistance
of the President, under an act of Congress, or
by the people themselves; it is enough for me
to know, and it is all want to know, that an
organization has been established in any ofth
late rebellious States, fairly representing the
loyal people of the State, which organization
is loyal and true to the Union, and has the dis
position and ability to maintain its authority
in obedience to the Constitution and laws of
the United States, and / will thank God and
welcome it into full communion with the 9th
+ loyal States.
Who is to decide what constitutes legiti-
mate State government in any State was set
tied years ago by the Supreme Court of the
United States, in case growing out OF the
Door rebellion in Rhode Island, reported in 7
Howard, a case that has often been referred
to in this Chamber. The question there was
as to which of the two governments set up in
the State of Rhode Island was the State gov
eminent. An action was brought by party
attached to one government against party
attached to the other, and the Supreme Court
decided that it was for Congress to determine
what was the legitimate State government of
State. Ia pas
This part of the message am considering is
as it seems 10 me, somewhat foreign to the bill,
unless it be intended to assume that the Con-
gress of the United States can pass no law in
reference to these rebellious States, because
they are not represented here. Why, sir, is
the fact that we impose taxes on them to ar-
thorize them to representation? We impose
taxes on the Territories. We have imposed
taxes all the time upon the people of these re-
bellious States and it would be strange doc
trine if man by becoming rebel and the en-
envy of his country was to deprive his country
of the means OF taxing his property. iHi
The President says "the bill under consid-
Grafton refers to certain of the States, as
though they had not been fully restored in all
their constitutional relations to the United
States" 1t does; and that seems to be a ma
ter of surprise to the President. should be
greatly surprised to learn that certain of the
States had been fully restored. I certainly
was credulous enough to believe, when the
privilege of the writ of habeas corpus was sus-
pended in them, when martial law was pre-
vailing all over them, that they were not re-
stored to all their constitutional relations as
States in the Union. But it seems that the
President is surprised that tit should have
been assumed in this bill. p a5 Il Isl /
In my judgment it constitutes no sort of
objection to this bill that certain States were
unrepresented in Congress when it passed.
They are not represented in consequence of
their own fault, and fer the reason that the
President himself gives, because they are con-
tumaclously engaged, If not in open war, in
hostility to the Government. Some of the
State organizations are controlled by men
who are passing unconstitutional laws, as
have shown you to-day; by men, some f
whom went from the rebel congress to the
gubernatorial chairs in their States, and some
from the held where they had been in hostile
array against your Government. But, says
the President, in this connection: -
"The President of the United States stands
toward the country in a somewhat different
attitude from that of any member of Congress.
Each member of Congress is chosen from a
single district or State. The President is
chosen by the people ofiall the States. As
eleven States are not at this time represented
in either branch of Congress; it would seem to
be his duty, on all proper occasions, to present
their just claims to Congress-" 14 e
If it would not be disrespectful, I should
like to inquire how many votes the President
got in those eleven States. Sir, he is no more
the representative of those eleven States than
l am, except as he holds higher position. I
come here as representative chosen by the
State of Illinois, but come here to legislate,
not simply for the State of Illinois, but for the
United States of America, and for South Caro-
lima as well as Illinois. I deny that we are
simply the representatives OF the districts and
States which sends us here, or that we are gov
erned by such narrow views that we cannot
legislate for the whole country; and we are as
much the representatives and in this particu-
lar instance received as much of the support Of
those eleven States as did the President him
self .E.i $685. ra5r-. Il l|.l--- ~. -
Now, sir, with these remarks, made without
any unkind feeling toward the Executive, with
Shom L should be glad to agree, but in JUST.
fication OF my own position, I submit the bill
50 tar as am concerned, to the decision of the
Senate z4s.H + as..g ,.,.. -.al.f-.a -. Il
s, MR.. FESsENDEN's SPEECH,
-,,. ~ 80 94 - iiu vs. lst- i