Year: 1868

f gresS said upon that subject? Did yor
say to Tennessee, "Your government ha.
gone out like candle that is burnt out 2
Did you say to Tennessee that at the close
of the war she had no constitution and moth
i'm to amend? Did you say to the state
Of Tennessee. "War has destroyed your
state government you are without any or
, ganization, and we will not recognize youl
action you must get your power and au
thnri.y from the great source of authority
the congress ofthe United States? No
sir; YOU did not say that to Tennessee
but then, without reference to party poll
tics. you were casting vote which yon
judgements and your consciences approved
and what did you say? Representation
in this state Of the case was allowed t.
Tennessee bv the joint resolution approx
ed July "a. 1866. not two years ago !; anC
IN the preamble You gave the reasons VIII
! you admitted Tennessee. Reasons come
ND to trouble people sometimes, and these
reasons come up to meet ynu in the face
, Of this legislation which undertakes to bass
the power Of congress upon the proposition
that the southern states ceased to have
governments at the close of the war. Here


is what you say in the preamble. Aite'
recitino that this amendment to the con
stitution of Tennessee abolishing slavery
was adopted by large popular vote, you
say.


"And whereas state government has
heen organized under said constitution
which has ratified the amendment to the
constitution of the United States abolish.
ing slavery. also the amendment proposed
nv the thirtv-ninth congress. and has done
other acts procaiming and denOtlng loyal
ty: Therefore,"


There sir. you recognize the old consti
tuition of Tennessee-that constitution
which had come through the din and smoke
of the war as her political organization
You recognized that as the people in the
most informal manner had amended it
and vou said that because of the state GOV
ernment thew had the right to be represent
! ed here You say now that the people dc
possess it. that the executive does not pos
, sess it. and that you must confer the pow
er because there are no governments II
the south and vet you have admitted
senator's from Tennessee upon the doctrine
that the peopIe independent Of congress
conld amend the constitution. and that
Tins amended, the old constitution, the
bond Of union which. as ligament, held
the state to the United States, made that
state government valid


, Ave. sir. YOU went further. You say IN
The preamble that the state government in
Tennessee. long before any congressional
recognition did the highest and most I'M
nortant and solemn act that state govern
ment can perfnrm; that it ratified ar
amendment to the constitution of the Uni
ted States That power which is confer
red unon the state legislatures by the con.
stitution Of the United States you say Ten
nessc exercised. after she had made fla
grant war against the United States, and
before congress had reorganized her that
she had exercised this power successfully
and therefore she had valid, legitimate
legal state government. But you say a
state legislature can ratify constitutional
amendment, but it cannot legally choos c
senator's to sit here That will not do
senator's. Everybody knows that will not
do


It is nv duty to notice, as am passin q
along. to use the language ofthe president
the reference that nv colleague made to a
vote given by the distinguished senator
from Wisconsin, and, as voted with the
senator from Wisconsin. think my name
is kept back simply with a view of bring
ing that up in judgment against me
hot q
read from the journal the action of the
senate on what was known as the Winter
Davis bill. When that bill came into this
body, Mr.. Brown, then a senator from
Missouri. offered an amendment changing
it very much was opposed to both bills
first to the house BILL because | then held
as now hold, that the congress Of the
United States cannot clothe the people OF
a state with the power to make a state
government. That authority is with the
people themselves after the state has once
been admitted into the union. Mr.
Brown offered an amendment, and the
, question with me and the senator from
Wisconsin was the ordinary question of
, deciding between the original proposition
) which you are opposed to and an amend
ment which you also oppose. SO | voted
for the mcndment. as the senator from
: Wisconsin and many others voted for it.
and it carried. Now, sir, want to show
} you what the senator from Ohio, Mr
Wade, then having the charge of that
bill, said about the amendment. [ wa.
} voting against the bill, voting against
the senator. He said:


81 say again, it the gentleman is oppos-
ed to this bill 10 principle, let him not
vote for it; but let him not vote for this
miserable dodge; this pegation this
amendment that asserts no principle, as a
substitute for the bill"


That miserable dodge" that "nega-
tion," is what I voted for. / would vote
to dodge any such bill as that which came
from the house OF representatives, and so
might the senator from Wisconsin; and
when the bill was thus amended it would
have been proper for us to vote for the
amendment as mea sure antagO listic to
the measure from the house, being oppo-
sed t. the house bill.


Then, Mr.. president, assume that the
power and duty of guarantying to the
states republican forms of government is
with and rests upon the executive in any
and every case where the executive is call
ed upon to deal with the question, for it