Year: 1866

Ihe undersigned, minority OF the
Joint Committee of the Senate and
House of representatives, constituted
under the concurrent resolution of the
18th of. December, 1865, making it their
duty &C to inquire into the condition of
the States which formed the so-called
Confederate States of: America, and to
report whether they or any of them
were entitled to be represented in eth
er house of Congress, with leave to re-
port by bill or otherwise not being
able to concur in the measures recon-
mended by the majority or in the
grounds upon which they base them
beg leave to report. @


In order to obtain correct appre-
hension of the subjecs, and as having
direct bearing upon it, the undersigned
think it all important clearly to ascer-
tain what was the effect of the late in
surrection upon the relations of the
States where it prevailed to the general
government, and of the people, collect
lively and individually, constituting the
Southern States. To this inquiry they
therefore first addressed themselves.
| First, as to the States. Did the in
surrection, at it's commencement or any
subsequent time, dissolve the execution
between the States and the general gov
ernment In our Judgment, so far
from this being /" profitless ATTRACT
ion," it is vital inquiry for, if such
| relation was not disturbed, such States
during the rebellion We're as completely
component States of the United States
as they were before the rebellion, and
were bound by all the obligations
which the constitution imposes. Was
not this their condition If it was,
they are entitled to the rights and priv
| ileges belonging to States under the
constitution. The opposite view alone
can justify the denial of such rights and
privileges. That State of the Union
can exist without possessing them is
inconsistent with the very nature ofthe
government and terms of the constitu


ton. In its nature the government is
formed of and by States possessing
equal rights and powers. States unc-
quail are not known to the constitution.
In its original formation perfect equal
ity was secured. They were granted
the same representation in the Senate,
and the same right to be represented in
the House of Representatives, the differ
ence in the latter being regulated only
by a difference in population. But
every State, however small its pOpula-
ton, was secured one representative in
that branch. Each State was given the
same right, to participate in the cleo
tion of President and Vice President,
and all alike were secured the benefit of
the judicial department. The constitu-
tion, too, was submitted to the people
of each State separately, and adopted
by them in that capacity. The conven-
,ior, which frame d it, considered, las they
were bound to do, each supreme SOW
ereign, that could not be subjected to
the constitution except by its own con-
sent which was consequently asked and
given. The equality, therefore, ofrights
as the condition of the original thirteen
States before the government was form
ed, and such equality was not only not
as well as in regard to the powers con-
ferred upon the general government as
to those reserved to the States or to the
people of the States. The same equal
ity is secured to those which have been
admitted into the Union since the con-
stitution was adopted. In each instance
the State admitted has been declared
to be one of the United States, on an
equal footing with the original States in
all respects whatever" The constitu-
ton, too, so far as most of the powers
it conters on the general government
are concerned, operates directly upon
the people intheir aggregate capacity
and on all alike. Each citizen, there
fore, of every State owes the same allie
glance to the general government, and
is entitled to the same protection. The
obligation of this allegiance it is not
within the legal power ofthe State to
annul or evade. 1t is made paramount
and perpetual, and for that very reason
it is equally the paramount duty of the
general government to allow to the citi-
zens of each State the rights rescured to
them and the protection necessary to
| their full enjoyment. A citizen can no
doubt forfeit such rights by committing
crime against the United States, upon
conviction of the same where, such for
feiture by law antecedently passed, is
made part of the punishment. But a
State cannot in its corporate capacity
be made liable to such forfeiture for
as such under the constitution, cannot
commit or be indicted for crime. No
legal proceeding, civil or criminal, can
be instituted to deprive a State of the
benefits of the constitution, by forfeit
ing as against her any of the rights Sc
cured to her.


| Her citizens, be they few or many
may be proceeded againstunder the law
and convicted but the State remains q
4 State of the Union. To concede thai
by the illegal conduct of her own citi
zens she can be withdrawn from the
+ ii JniOn is yirtually to eOncede the right
of secession; for what difference does i


make as regards the result, whether


State can rightfully secede ia doctrln' !.
maitained by Statesmen North as vel
as Southl or whether by the illegal con
isduct of her citizens she ceases to be :
= State of the Union. In either case tn