Year: 1868

ized as total departure from the legislation OF Con-
gress on the subject. He could not sanction that
to propose amendments the constitution and sub
mt tnem 70 tne people. There was nothing like it
In the past history Of the country.


Mr.. DAWES, lrep.) OF Mass reminded him that In
reference 10 the admission Of Nebraska Congress had
added an amendment to the constitution and re-
qured the Legislature to accede to it.


Mr.. BINGHAM saw no parallel In the case


Mr.. DAWES asked him to say where the difference


Mr.. BINGHAM supposed he had said enough to
show the difference


Mr.. DAwEs-Does the gentleman decline to be


Mr. BINGHAM-I decline to be repeating myself for
the accommodation OF the gentleman. The differ
ence, however, is perfectly manifest. ! have said
before, and do not intend to be diverted from
1t, that for myself l hold that no funda-
mental condition can be imposed on the restoration
OF any State into the Union or the admission OF any
State into the Union which does not stand within the
limitations and conditions OF the federal constitu-
tion Mr. Bingham then proceeded 10 advocate
the passage OF the BILL with the third section stricken
out and predicted that members who voted for 1t
would hnd themselves sustained BY their constitu-
OF the people OF Alabama themselves. Refer
ring to Mr. Eldridges paraphrase OF the
speeches of himself and the Speaker on the Kansas
question, he said he had undertaken to mutilate
those speeches. that the Lecompton constitution had
never emanated from the people OF Kanas; that IL
contained the blasphemy that the ownership OF
slaves Is higher than the constitution and the law
and that 1t should never be amended so as to affect
lhe ownership OF property In slaves. The cases OF
Alabama and Kansas were as wide apart as the
he'll.


the bill as 1t came from the committee, either with
or without the third section II he could In 1t any
guarantee OF security to the people Of Alabama He
nad wanted to hear the gentleman from Ohio tMr.
Bingham) on some doubts which he entertained, but
he regretted that that gentleman seemed so satisfied
with his own ideas that he disposed to proclaim
them as the ler scriptG of the House. and TO permit
no man to get behind them as conclusive evidence
Of what the House should do. The proposition
Mr. tnnN
secured to the people of Alabama everything
secured to them BY. the original bil except
in Congress. The theory on which all the legislation
went was, that the moment representation was
secured In the House and Senate the State passed
from under the control Of Congress- and that,
whatever Congress might do afterwards, could no
more be enforced within Alabama than it could be
offered by the gentleman from Ohio Mr. Spadng) to
legislate so that everything which the constitution Of
Alabama secured to the people should be secured to
them except representation In the two branches He
confessed that he had undergone some change Of
views IN the year that he had been here touching the
He had In times past struggled to secure
representation even to single DISTRICTS as the armies
ment; but he was satisfied now that instead Of repre-
sentation in Congress being the first thing 1t should
be the last thing The State should be first built up,
wrought by the rebellion repaired and stability and
security made certain Representation should fol-
means Of bringing about the security ITSELF 1t
should be the last thing and not the FIRST


Mr.. STEVENS, lrep9 OF Penn, rose at the Clerks
desk, and said-Mr. Speaker, desire to say few
words in reference to the condition OF this bill Some
time ago Congress passed an act authorizing Ala
baa and other waste Territories Of the United States
to form constitutions If possible SO as to make them
fit to be associated with civilized communities. 1t
gave them certain length OF time for the purpose Of
doing so. It was provided (whether wisely or un-
wisely 1t Is not for to say) that the State OF Ala
bama and the other States after having all their
voters registered, should require majority Of all





tutions. Unfortunately Alabama did not find
majority to come up to the law which had been
passed. 1t failed OF that majority by considerable
number. The House had seen this difficulty before 1t
finally happened, and had passed an act giving
cording to our majority principle The Senate-now
here arises all our troubles-with q wisdom
which has characterized it far above this House
In many just such disastrous issues let that bill lie
upon the table over two months, although urged to
take 1t up and pass 1t before the vote OF Alabama
nority Of the registered voters voted for the c5nsta
tion Hence 1t Is that we are now called upon either
to reject this State or to violate our own enabling act
which allowed 1t TO enter upon certain conditions.
There s nothing that prevents US from violating that
act II we deem prudent am often reminded by gen.
-Qaughter)-tha have said more than once
that all this Is outside OF the constitution. He Is


daughter among the democrats.) This very pro-
ceedng shows that this House believes that 1t Is act
ing not according to the forms OF the constitution
which found no such cases OF apsed territory to be
formed into communities and brought into the
nation. When West Virginia was introduced and l
1irst made that declaration, 10 was admitted by
majority OF the House the ground that 1t had gone
through with the forms OF the constitution In acguir
ing consent OF both States while had ceased to
exist long before and the other existed In Ohio
Qaughter)-and l voted for the admission OF that
State. But was not going to make either a fool or
the constitution, or that did not know what was
voting for. I held them as | hold now,
that having conquered that territory from
Independent belllgerent by all the sovereign
nations OF the earth by ourselves well others
we had right to treat 1t such, and to take II in
keep 1t out as pleased said, then, that the con-
stituti0n had nothing TO do with IL; but would in
form my learned friend from the bushes Qaughter)
tion do not mean that the constitution does
not recognize the law OF nations. II does
recognize the law. OF nations, and the law OF
nations recognizes the right OF the conquering power
TO do with conquered territory just as 1t peases.
trust shall hear nothing more after this explanation
from my most 0bfusticated friends who have often
seemed 80 ignorant Of what meant or OF what they
were talking about Uaughter.) Now, Mr.. Speaker,
what are we TO say with reference to AlabamaS
confess to you that am not altogether clear to
what we ought to do. As just and wise body
we have power under the constitution to admit
new States, whether made out OF fragments
Of a conederacy or out Of fragments OF foreign
nation, or by any other process, when we come
to agree with those States. l hold m0re-that when
you come TO admit new States you can admit them
on just such terms as may be be agreed upOn. They
parties capable Of contracting capable OF pro-
posing and Of consentinG, and until they have lost





poraed in another body they have right 10 enter
into such contract and after they have gone into II
and il is partially executed they are bound To fulfil
It. How was IL about Texas when she was
admitted2 There was not only condition
imposed by Congress- But there was proposition
made to that State TO get her wild lands to pay her
debts the lands consisting OF over one hundred and


fifty millions and the debt being over 100000.
The debt we afterwards paid, to be sure, because
Texas could not pay it, but did anybody ever doubt
that that was a valid and binding contract ON the
people OF both sectonss OF both nations, II you
please for then they both nations, or both con-
tracing powersS 1t would be an indication Of great
Ignorance on the part OF the members OF the
House II II were needed that ! should enumerate
the numerous cases In which conditions have
been proposed and accepted and acted upon and
never violated. They were proposed to Missouri, to
Arkansas and to other States; but will not enumer
ate them for anybody. To say that any tract OF
land coming here and saying here are one hundred
thousand people, here s a constitution under which
we would like to be one OF the members of your
nation-for anybody to say that we could not admit
them and send that identical constitution TO their
people to be voted upon, and II carried to be acted


trv IN I'm