Year: 1863

House OF Representatives., on the


Louisiana Congressional Election.


As membCr of the committee that reported
this resolution to the House, having voted against
the action of the committee in the committee
room, l desire briefly, and very briefly. a. express
the views which will govern my vote here in the
House.


1t would have given me great pleasure TO have
concurred with the committee in this case. 1t
would give me also very great pleasure to vote
upon the floor of this House for the admission Of
the gentlemen who are presenting their applica-
tions here. And | wish to say aC once, as a
preface to the remarks ] shall make, so that
there shall be no. misunderstanding. that the
gentlemen from New Orleans have so borne ard
conducted themselves during this examination as
TO win the entire respect of every member of the
committee. No part of my objection to their en-
trance into this hail. therefore, can be considered
personal


1t has been the rule of my action since have
been a member of this House 70 take the laws
and the Constitution of my country my guide.
have done so honestly aud conscientiously; and
in doing so. regret to say that have nearly al
ways found myself in a minority And it hap
pens TO- day But, sir. conceive NV duty to be
a plain enc | do not concur with the chairman
OF the committee, Mr. Dawes, when he speaks
of the affirmative action. of this House in admit
ting these gentlemen tn seats here as doing but
little violence TO the laws and Constitution of our
country. | regard such action by the House
as a total subversion OF the principles of repre-
sentative government. / regard this question as
one OF exceeding and paramount Importance.
regard il as setting precedent for future action
which will be exceedingly important in its bear
ing on the DESTINY of this Government. In other
words, regard it rs surrenderiIg To the Execu
tive the branch of the Government 10 which we
belong. In my judgment the Executive has al
ready uSurped the Judicial department of this
Government by the suspension Ot the writ OF ha
beas corpus. Ii lacks bur the sanction of such "a
report as the committee has made in this case to
surrender up the legislative department also to
the Executive. | have no doubt that this House
will do it. Step 10y step Executive encroach
ment has come upon this country with rapidity
the like of which is unknown 10 history; the like
of which has never been seen in any country that
called itself free


Now, in support OF these observations which
have made in regard to the surrender of the leg
islative department To the Executive, by the
principle sought to be enforced bs this report,
allow ue to submit to the House what conceive
the Law in such cases 10 he. The law as laid
down in England, in report before me. in the
case OF Hall vs.. Campbell, LIST Cowper's Re
porls.) and which has the sanction of the highest
courts OF our own country, is this If you make
conquest OF territory from foreign enemy with
whom you are at may in that territory
in which YOU have maue conquest aud planted
your power establish municipal regulations and
civil laws aside the laws which there prevail
and substitute a system OF laws made by the leg
islatise authority of this country This, howev
er, Is not true in the case ot ISurrectionary
district belonging to this Government ii you
reduce a revofted State to Obedience you cannot
supercede her laws and her domestic institutions.
She is protected in them by that very COnStitu
ton whose supremacy YOU claim 1t the mission
of our arms TO restore. All such States must be
taken back, if taken back ALL with all the laws
uumpaired which they themselves have made for
their own government pursuant 70 the guaran
tees of the Federal Constitution.


Understand this principle If the Southern
Confederacy is foreign Power, an independent
Nationality 70 day, and you have conquered back
the territory OF Louisiana, you may then substi
tute a new system of laws in the place of the
laws of that State You may then supplant her
civil institutions by institutions made anew for
her by the proper authority OF this Government
not By the executive, but by the legislative branch
OF the Government, assisted by the Executive
simply 10 the extent of signing his nlme to the
bills OF legislation. 1t the Chairman of the Com
mittee of Ways and Means Mr. Stevens is cor.
rect; if the gentleman from Kansas NJ. Conway
Is correct, aud this assumed Power in the South
j. u lOAeI Oi Nlt thEtu anu NtiiflN W utN upbu
equal terms of nationality wish ourselves, and we
conquer back State 10y State irs territory by the
power of arm.. tneu may govern them indie
pendently nf Their lucal laws But u the theUr,
that we have been proceeding upon here. that this
Union i uubroken: that States have sundered
the bonds that bind together; that no successful
disunion has vet taken pace-ii that theory is
still 10 prevail IN these Halls theu rilis thing can
not he done. You are as much bound to uphold
the laws of Louisiana in all their extent aud in
all their parts as yOu are to uphold the laws of
Pennsl lvania or New York or any other State
whose civil policy has not been disturbed.


Such is tlh. law ~ laid down ia numerous de-
cisons We have had one case in this country.
We conquered California from the republic of
Mexico. aud took possession of her by our arms.
IL j. case sometimes quoted by gentlemen seek
ing TO sustain the views taken by the majority OF
the committee in this c,se ! neieve it is quoted
in their report. though. tn confess the truth,
have not had tune nor has my health allowed me
To make such preparation as | would have de-
sired. even To- the reading of the report OF the
committee ! know very well, however, the
views entertained by the chairman and the MI.
joritv of the committee in the committee room.


repeat that this case in the instance of the con-
quest OF California, is often relied on; IL is the
case of Cross al. vs.. Harrison. In that case
our own Supreme Court laid down the principle
10 which have already adverted. IL was decided
that We held California not part Of our
try, where own laws prevailed, laws made in
pursuance OF our own Constitution, which our
arms had been, ms they ought to have been in this
instance employei to uphold, but as Il conquest
from foreign nation, and hence that we had
right 10 substitute a different and distinct set of
municipal regulations to that which had previously
there prevailed It is one of the belligerent
rights that prevail under the law OF nations, and
il only exists, as have already said, in cases of
territory conquered from foreign enemy.


Sir. let me ask this House what we have been
warning for Have we been sending our fleets to
the South for the purpose OF making new codes
of laws for States? Have we been sending our
fleets and armies there for the purpose of empOw
ering the Executive Of the country to set aside
the laws of the States which may become subject
to our military power? The people have not
understood it, They have understood, on the
contrary, that we have been making war for the
purpose Of resurrectng and upholding the pros
trated laws. placing them once more erect. and
giving the people who may desire it the benefit OF
them How does this principle apply TO the case
Under dscusSiOnl Let US see. The President OF
the United States appoints Major General Butler
to the command of the Department of the Gulf.
Under him is simple Brigader General, General
Shepey. He is called military Governors"
but the facts in this case show that he was simply
a Brigadier General, with the duty imposed upon
him OF reporting to General Butler AS his superior
officer. He went there with none other than
military powers. He went there with none other
than military nstructons-none, at least. which
could be legally given him. He goes there and
he assumes TO act, not only AS Brigader General.
but as Governor Of the State Of Louisiana.


Now. will pause here, and ask the Chairman
of the Committee Oh Elections. or any other gen.
tleman upon this ioor. to tell me by virtue of
what clause ia the Constitution. by virtue OF what
rule OF law the President OF the United States has