Year: 1863

wise and useful.


But. in the case OF our own reyoted territory,
once more subjected to the power and authority
of the Government, you can SIMPLY Keep the
peace there by the military power until the people
can have chance 10 return to their allegiance
through the channels and avenues OF the laws
alreadv prevailing over them. i undertake TO say
that this IS sound doctrine. / undertake to say
that cannot be controverted on this floor or any
where else Take any other view OF this ques-
ton, gentlemen, and where are you? You are
now narrowed down to this point, that you have
either to take the ground that you are waging
war for conquest as against foreign enemy, and
may govern these revolted territories as you re-
possess them Just as YOU would govern conquered
foreign territory, or else you have to recognize
the principles haze laid down, and hold with me
that the laws of Louisiana cannot be disturbed or


nterfered with, but must be upheld and enforced.
Ir either case, however, the elections under coB
sideration are invalid and the claimants not, in
nv judgment, entitled <osea ON this floor.


Mr. Harrison: Will the gentleman permit me
to ask him question:


Mr.. voorhees,: Certainly.


Mr. Harrison: Mr.. Speaker. the Office of civil
untary and wrongfu act of the Coz ernor os that
State.


Mr. Voorhees,: Yes.


Mr.. Harrison: The Congressional delegation
from that State was not chosen in 1851 in conse-
qnence OF rebellion; and the Office OF Governor be
came vacant by reason of the treason of the Gov
ernor and of his uniting in the rebellion. In view
of these facts and of the other circumstances in
which the people of Louisiana had been placed by
the rebellion. might not the loyal electors of the
several districts in that State, when the military
power OF the rebellion was suppressed by the arms
of the national Government, have themselves, by
their own voluntary action, assembled in cOnven-
ton and appointed time for the holding of
election for members of Congress, and would not
Congress have been authorized TO receive as mem
bers Representatives thus chosen? Now, then,
the people of these two districts, having asset ted
to the time appointed by the Military Governor,
(whether his action was legal or uot.) for the
holding of an election, and that election having
been actually held by the loyal electors of the
districts. are not the Representatives of their
choice entitled to seats hereg


Mr. Voorhees,: Mr. Speaker. have foreseen
and anticipated and answered in my own mind
the argument which the gentleman from Ohio
has made, aud which is the only one that can be
made. The answer to it is a plain and inevitable
sequence OF the position which have taken
have already laid down what | suppose to be the
duty of military commandant in an insurrec
ionary distrct-not Military Governor. There
is no such officer known TO the law. But the duty
of military ,ommandant of an insurrectionary
district is to keen peace until the people can have
an opportunity vf acting according to law, and
thus securing their representation. Have they
done in this instance? That question rises
right in the chain of the argument which have
made. say they have not The law has been
violated. And even If the people have acquiesced
in usurpatiOn, you and | are, by cur oathS, for
hidden 10 assist them in carrying it out.


Now, let see how this stands Suppose the
doo
his duty is Suppose he keeps the peace and gives
the people AN opportunity to return to their allie
glance; aud not by brutality and feroclty, such
has disgraced our cause in New Orleans, but by
the superior law and power of kindness, he wins
them 10 return once more TO their fealty to the
Government When they have thus returned, let
me ask the gentleman from Ohio what is their
legal method of obtaining representation here?
The gentleman saws the Governor of Louisiana
has vacated his Office; then the hrst thing for the
people to DO in returning TO their allegiance is to
bill the office of that civil Governor This has
been done in other cases. Why should it not be
done in theirs? First and precedent to valid
election for members of Congress to fill vacancies
it is the duty Of The Governor Of the State of Lou
isana, us the gentleman from Ohio knows, to
call such election Ii is made so by the Consti-
tuition and laws of that State, which, according
TO tie theory IN which this war was commenced,
are still in full force within the Union. In this
instance. however somebody else has done it for
him When the people shall have returned to
their allegiance by virtue of the peace established,
if you please, by the military governorshp of that
region, let them not commence TO obtain repre-
sentation here first by ignoring the only principles
on which that representation can be lawful. Let
them commence at the foundation, and restore
their civil policy that has been disturbed by the
rebellion, and then, by virtue of it., hold their
elections according to law. 4


Mr.. Harrison: My answer to the gentleman
from Indiana is this: the difficulty, to my mind,
is practical one. According TO the genteman's
own theory and principles as understand them.
the election for Governor cannot be held in pur-
suance of the Constitution and laws of the State
of Louisiana until the expiration of the term for
which the Governor who voluntarily and wrong
fully abdicated his Office was elected Therefore
that State would necessarily have To remain un-
represented in the Congress of the United States
until the full term for which the Governor was
elected had expired This brief aud limited state
ment of my views is simply an illustration of the
evils which fear will necessarily result in accom-
plishug the great and difficult work of restoring
the insurrectionary States to their proper consti
tutional relations, from the practical application
of the general doctrines which the gentleman is
presenting with so much ability


Mr.. Voorhees,: Mr.. Speaker, all this has passed
before my mind already; aud. whether feebly or
well. | have attempted TO answer it, One of the
primary rights OF people is "A government. II a
man runs away from an Office which the people
have selected him to fill, they can. in their pri
mary capacity. call a constitutional convention,
and refill that Office. Now. the difficulty be-
tween the gentleman from OHIO and myself is
that want to commence at the beginning. and
have the law administered in Louisiana from the
foundation of the State Government up through
all its parts, while he wants 10 skip the condition
precedent TO a valid election of members of Con-
greSs-the sanction of the only kind of Governor
known to the Constitution of Louisiana or the
Constitution of the United States-and reach by
one leap that point; leap, however. let me say
TO him, that involves power in the Executive
over the State never heard of. never dreamed of,
by the letter or spirit of the Constitution. The
gentleman may say that the difference between
him and me is small; that am for having the
people TO act in their primary and fundamental
capacity in regard to the Goyernorship. and that
he is for having them TO act in the same capacity
in regard 10 the members OF Congress. The gen
tleman asks, what is the difference between the
two positionsY The difference, will say to my
friend from Ohio, is vast. and fraught with the
most momentous results The one involves the
total prostraton of free representation, the utter
overthrow of vour Constitution, and the utter
abrogation of the State to govern her local affairs
by virtue of her own laws. The genteman's
position inaugurates a system OF Executive
usurpstion which will stalk through these Halls
ut the head of military power. Il will send us
all home or silence our tongues. 1t will make
these arches resound with the clanking of the
chains of an absolute despotism. instead of with
the voices Of free men. That is the difference
between the position of the gentleman from Ohio
and mine


Mr.. Harrison: The gentleman from Indiana
will, am sure, do me the justice to admit that
the ground on which have suggested the claim