Year: 1865

York, replied to Mr.. Stevens, as follows:


Mr.. CHAIRMAN: / should be glad, if


meet the sense of those members who ar


present, to make some remarks upon tn
general question now before the House, bu


l do not wish to trespass upon the disposi
| ton of those who may be present in regar,


to this matter. l do not know, however


that there will be better opportunity to sa,
what little | have to say than is now offered


and if the House shall indicate no othe


wish l will proceed to say it. (Go on.)
| need not say that l have been gratifed Il


hear many things which have fallen from
| the lips of the gentleman from Ohio, (Mr
Finck, who has just taken his seat hay,
no party feeling, nor any other feeling


which would prevent me from rejoicing in


the indications apparent on that side of the
house of a purpose to concur with the loyal
people Of the country, and with the loyal
administration of the Government, and with
the loyal majorities in both Houses of Con-


gress, in restoring peace and order to our


common country. l cannot, perhaps, help


wishing, Sir, that these indications of an in


terest in the preservation of our Govern


ment had come somewhat sooner. | cannot


help feeling that such expressions cannot


now be of as much service to the country as


they might once have been. If we could


have had from that side of the house such


indications of an interest in the preservation


of the Union; such heartfelt sympathy with


the efforts of the Government for the pre-


servation of that Union; such hearty denun-


citation of those who were seeking its de-


struction while the war was raging, am


sure we might have been spared some years


of war, some millions of money, and rivers


ofblood and tears. But, sir, am not disposed


to fight over again battles now happily end


ed. feel, and | am rejoiced to find that


members on the other side of the House feel,


that the great question now before us is to


restore the Union to its old integrity, puri-


fled from everything that interfered with the


full development of the spirit of liberty


which it was made to enshrine. trust that


We shall have a general concurrence of the


members of this House and of this Congress
in such measures as may be deemed most fit
and proper for the accomplishment of that
result. | am glad to assume and to believe
that there is not member of this House.
nor man in this country, who does not wish
from the bottom of his heart to see the day
speedily come when we shall have this ma
ton, the great American Republic, again
united more harmonious in its action than it
has ever been, and forever one and indivisi-
bic. We in this Congress are to devise the
means to restore its union and its harmony,
to perfect its institutions, and to make it in
all its parts and in all its action, through all
time to come, too strong too wise and too
free ever to invite or ever to permit the hand
of rebellion to be raised against it. Now,
Sir, in divising those ways and means to ac-
complish that great result, the first thing we
have to do is to know the point from which
we start, to understand the nature of the
with which We have to work, the
of the Territory, and the States
with which we are concerned. / had sup
posed, at the outset of this session, that it
was the purpose of this House to proceed to
that work without discussion, and to commit
it almost exclusively, if not entirely, to the
Joint committees raised by the two Houses
for the consideration of that subject


But Sir, l must say that | was glad when
perceived the distinguished gentleman from
Pennsylvania (Mr. Stevens), himself the
Chairman on the part of this House of the
great Committee on Reconstruction, lead off |
in discussion of this general subject, and |
hus invite all the rest of us who chose to |
ollow him in the debate. In the few re-
marks which he made in this body few |
lays since, he laid down, with the clearness |
md force which characterizes everything |
ne says and does, his point of departure in |
this great work. / had hoped |
hat the ground he would lay down would be |
uch that we could all of us stand upon it,
md cooperate with him in our common OBJ |
ect. feel constrained to say Sir, and | do |
without the slightest disposition to create
n to exaggerate differences, that there were
POINTS in his exposition of the country with |
which cannot concur. cannot, for myself,
tart from precisely the point which he as
umes. In his remarks on that occasion he
ssumed that the States lately in rebellion
vere and are out of the Union. Throughout
lis speech-I will not trouble you with read
ng passages from it-I find him speaking of
be States as "outside of the Union," as
dead States" and as "having forfeited all
heir rights and terminated their existence"


find expressions still more definite and dis
met. l find him stating that "they are and
Or four years have been out of the Union
or all legal purposes" as "having been for
Dur years separate power and a separate
alton"


His position, therefore, is that these States,
aving been rebellious, are now out of the
JniOn, and simply within the jurisdiction of
ne Constitution of the United States as so
luch territory to be dealt with precisely as
ne will of the conqueror-to use his own
dictate. Now, sir, fthat po-
tion is correct, it prescribes for us one line
policy to be pursued very different from
lie one that will be proper if it is not cor
ect. His belief is that what we have to do


to create new States out of this territory
the proper time, many years distant, re-
lining them meantime in territorial con-
ition, and subjecting them to precisely such
state Of discipline and tutelage as Con-
ress or the Government or the United
tates may see fit to prescribe. If / believe
the premises which he assumes, possibly,
though l do not think it probably


light agree with the conclusion he reaches.
Ut sir, | cannot believe that this is our
,ndition, i cannot believe that these States
ave ever been out of the Union, or that
ley are now out of the Union. | cannot |
elieye that they ever have been, or are now,


any sense, separate power, if they were,
r, how and when did they become so
hey were once States of this Union-that
yery one concedes-bound to the Union
I'd made members of the Union by the (
onstitution of the United States. If they
-er went out of the Union it was at some
ecifed time and by some specific act. re- {
et that the gentleman from Pennsylvania I
dr. Stevens) is not now in his seat. l s
ould have been glad to ask him by what 6
ecifc act and at what precise time any one 9


these States took itself out of the Ameri- I
n Union-was it by the ordinance of Sc
ssion? think we all agree that an ordi- (
nee of secession passed BY any State of a
is Union is simply nullity, because it, '
counters in this practical operation the
institution of the United States, which is t
e supreme law of the land. 1t could have 4


legal, actual force or validity. 1t could v
t operate to effect any actual change in the c
lation of the State adopting it to the Ma [
nal Government still less to accomplish &
c removal Of that State from the sovereign t
risdiction of the Constitution of the United
ates. Well, Sir, did the resolutions Of 4
ese States, the declarations of their officials t
e speeches of members of their Legisla- b
res, or the utterances Of their press accom- L
sh the result? Certainly not. They could p
t possibly work any change whatever in b
e relations Of these States to the General t
,vernment. All their ordinances and all g
eir resolutions were simply declarations Of n
purpose to secede. Their secession, If it "
er took place, certainly could not date e.
m the time when their intention to secede
s first announced. After declaring that d
ention they proceeded to carry it into ef 81
{. How? BY war-by sustaining their al


II