Year: 1866




simply this: Congress insists-it did so
during the Thirty Eighth Congress, and
is doing so now-it is work of legis.
lation to place these States which have
been in rebellion in the condition of the
loyal States, and that they may be en-
titled to representation, while the Presi-
dent of the United States insists there
shall be no legislation on that subject.
That is the grand distinctive difference
between the two.


Mr.. Speaker, very, much has been
said in this House as to whether the
States which were in the rebellion are
in or out of the Union. I am not par
ticular whether the one or the other is
admitted so long as we can act in refer
ence to this great object. But whether
in or out of the Union I insist it is
within the power of State to destroy,
and destroy entirely, its internal State
organization, whether for legislative
purposes or for representative purposes
in Congress. Let me make this state
ment-it is a truism-there is no Rep
resentative in Congress unless he comes
from State 1t commenced in the
Constitution, the original foundation of
the Government. 1t has continued
there ever since. 1t is there now. The
State has its representatives by two
Senators in the other House; but those
who come to this body represent the
people. The people do not get their
representation until the State is organ
lied. The original thirteen had the
inherent power to create themselves iu-
to State organizations, and the same
power was reserved under the Constitu-
tion to the States which may be ad-
mitted by Congress. Where have we
had an instance that this central Gov
ernment goes to work and makes gov
ernment for State? The only one I
now remember approaching it in any
degree is the case of Kansas under the
administration of Buchanan. The Ad-
ministration took the Lecompton con-
stitution, put in additions, and gilded
them, and then tried to getthe people to
send it back; but it was voted down
by an overwhelming majority. Each
State makes its constitution for it.
self, and the Government has no bust
ness to do that work. It has sim
| ply to see that the State government
shall be republican in form.


"Once State always State!'' 1t
may be so for Federal purposes, butif a
State does not see fit to send any Rep
resentatives to Congress, do not know
how the Government of the United
States can force them to send them here.
If State should refuse to keep up its
State organization, should refuse to elect
a Governor, to elect representatives to
their State Legislature, to elect or ap-
point judges for their State courts, or
officers for their counties or townships,
1 do not know what power the Gen
eral Government has to force them to do
it. The government is based upon the
will of the people, and if they are dis
posed to loose by inaction, if you please,
or by rebellion, their State organization,
it is entirely within their power to do it;
and, sir, whenever q community that
has been State in this Union, after
lapse either by non-action or by resis-
tence of the General Government, comes
and asks that its members shall be re-
stored to seats after long absence, we
have not the power, under the fifth Sec
tion of the first article, which 1 have
read, to admit the members to seats
here, and if we should do so, we would
not only bid high for rebellion, but we
would usurp the power Of the Govern
ment, we would be trampling the Con-
stitution beneath our feet which makes
that provision ample, sufficient and dis
tipct.


That is the view of this subject that
was held by the Thirty Eighth Congress.
We find that there was disposition
manifested on the part of that Congress
to have the States come back into this
Union when they should have observed
certain rules and regulations laid down
as test of loyalty. I call attention for
1 presume the country has not been ad-
vised as yet as to what it was, or what
was done, or what was its character, but
[ call attention to certain bill which
never became law, but which passed
both branches of Congress at the first
session of the Thirty Eighth Congress;
and have some records upon that SUBJ
Iject. 1 have tried to procure the bill
precisely, verbatim, as it finally passed
both Houses. I have not succeeded in
doing that, but have the bill as it
passed the House, and it passed the
n