Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-07-31
The Admission Of Tennessee.


The following joint resolution restoring
Tennessee to her relations to the Bnien'' was
last evening presented forsiny approval:
$ Whereas, In the year 1861, the Cos
vernment of the State of Tennessee was seiz-
ed upon and taken possession of by persons
In hostility to the United States, and the in
habitants of said State, in Pursuance of an
act of Congress, were declared to be in
state of insurTection against the United
States, and whereas, said State government
can only be restored to Us former politicais
relations In the Union by the consent of the
law>making power of the United States, and
| whereas the people of said State did, on the
l 22d of February, 1865, by large popular
vote, adopt and ratify constitution of go-
yernment, whereby slavery was abolished,
and the ordinances and laws of secession, and
debts contracted under the same, we're de-
clared null and void and whereas State
Government has been organized under said
constitution, which has ratified the amend
ment to the Constitution of, the United
| States abolishing slavery, also the amendment
| proposed by the Thirty -ninth Congress and
has done other acts proclaiming and denot-
| ing loyalty: Therefore, be it 80
ResoLped, 60, That the State of, Tennes-
! see is hereby restored to her former proper
/ practical relations to the Union. and is again
entitled to be represented by Senators and
| Representatives, in Congress-"
The preamble simply consists of statements,
some of which are assumed, while the reso-
| luton is merely declaration Of opinion. 1t
| comprises no legislation, nor, does it confer
any power which is binding upon the respec-
tive Houses, the Executive, or the States.
1t does not admit TO their seats in Congress
the Senators and Representatives from tho
| State of Tennessee; for, Notwithstanding the
passage of the resolution, each House in the
exercise of the constitutional right to Judge
for itself of the elections, returns, and qualIfi
cations of its members, may, at its discretion,
| admit them, or continue to exclude them.
! IF a joint resolution of this character were
/ necessary and binding as condition precedent
to the admission of members of Congress, it
| would happen, in the event of veto by the
| Executive, that Senators and Representatives
could only be admitted to the halls of legisla-
| ton by two thirds vote of each of the two
| Houses.
| Among other reasons recited in the pream-
| bic for the declarations contained in the
resolution, is the ratification, by the State
| government of Tennessee, of ''the amendment
to the Constitution of the United States
| abolishing slavery, and also the amendment
proposed by the Thirty ninth Congress-" If
as is also declared in the preamble, ''said
! State government can only be restored to its
| former political relations in the Union by the
consent of the law making power of the United
States" it would really seem to follow that
the joint resolution which at this late day has
received the sanction of Congress should have
been passed, approved, and placed on the
| statue books before any amendment to the
| Constitution was submitted to the Legislature
| of Tennessee for ratification. Otherwise, the
inference is plainly deducible, that while,
in the opinion of Congress, the people Of a
State may be too strongly disloyal to be
entitled to representation, they may, never
theless, during the suspension oftheir "former
proper practical relations to the Union"
have an equally potent voice with other and
loyal States in propositions to amend the
Constitution, upon which so acknowledgement
the stability, prosperity, and every existence
| of the nation.
A brief reference to my annual message of
| the 4th of December last will show the steps
| taken by the Executive for the restoration
to their constitutional relations to the Union
of the States that had been affected by the
rebellion. Upon the cessation of active
hostilities Provisional Governors were ap-
pointed, Conventions called, aud. Governors
/ elected by the people, Legislatures assembled,
and Senators and Representatives chosen to
the Congress of the United States. At the
same time the courts of the United States
were reopened, the blockade removed, the
custom houses re. established, and postal rela-
| tions resumed
The amendment to the Constitution abolish
ing slavery forever within the limits of the
country was also submitted to the States,
and they were thus invited to, and did par
| ticpate in, its ratifcation-thus exercising
the highest functions pertaining to State
In addition, nearly all of these States, through
their Conventions and Legislatures, had
| adopted and ratified constitutions "of govern
ment whereby slavery was abolished, and all
ordinances and laws of secession and debts
contracted under the same were declared
void"
So far, then, the political existence of the
States and their relations to the Federal Gov
| eminent had been fully and completely recog-
nized and acknowledged, by the Executive
Department. of the Government, and the COM
pletion of the work of restoration, which had
progressed SO favorably, was submitted to
Congress, upon which devolved all questions
pertaining to the admission to their seats of
the Senators and Representatives chosen from
the States whose people had been engaged in
the rebellion.
All these steps had been taken, when, on
the 4th of December, 1865, the Thirty ninth
Congress assembled. Nearly eight months
have elapsed since that time, and no other
plan of restoration having been proposed by
Congress for the measures instituted by the
Executive, it is now declared in the joint
resolution submitted for my approval, ''that
the State of Tennessee is hereby restored to
her former proper practical relations to the
Union, and isl again entitled to be represented
by Senators and Representatives in Congress ~
Thus, after the lapse of nearly eight months,
Congress proposes to pave the way to the
admission and to the representation of one of
the eleven States whose people arrayed
Themselves in rebellion AGAINST the constituted