Year: 1866

ou oedteS was DfOugnL lutO tHe discussion and
Mr. Fessenden, as chairman of the reconstruc-
ton committee explained his views of the mat
ter as affected by the action of that committee.
We copy his remarks from the Globe:


30 TAR as the committee on reconstruction is
concerned, think by a reading of their report
tneir understanding of this whole matter may
pe arrived at. We submitted constitutional
amendment, and in the report itselfwe discuss
ed tne question OF the standing of the States
themselves. Unless am very much mistaken
IN my recollection of the substance of that re-
port 1t does not admit but almost specifically
denies that any one of the States in rebellion
has ever since been in a condition to do a legal
act as State or one which we were bound to
recognize; that any of them is SO constituted
tnat tne men presuming to be the Legislature
or 70 act as Legislature are so in point of fact
unless we choose to recognize the State gov
ernment as such which we have never done
with regard to any of them excepting simplv
the State of Tennessee


understand that this matter of admitting a
state Is a matter of compact A State may es-
taDhsh government if it pleases, or a sort of
government to suititself; it may call a conyen-
tion 1T may institute a form of fgovernmeutlif
It likes and proceed to act under it and if the
Congress OF the United States chooses to reeog-
nize that as such in a Territory, or in State
situated as these rebellous States are, they have
the power to do so. But suppose they do not
choose to do it, but take exception to the form.
does the body assuming to act as o Legislature
remain Legislature SO far as we are concern
ed? Does the so-called State government en-
title itself to be the government of the State 40
far as Congress and the Government of the
United States are concerned? Not at all un-
nl we come into the compact. We do not say
tnat state governments is all right if it an
swers "ay" but all wrong if it answers "no"
We submit our constitutional amendment in
the regular form we provide that il shall he
submitted to the Legislatures of the States. We
do not submit it ourselves except by passing a
vote 70 tnat effect. We authorize the Secreta-
ry OF state to transmit copy to the several
States OF the Union no more than tn at and
when he receives the answer to let it be known
That is all. We do not undertake to saw that
either this, that or the other State is in a con-
shall be binding.


Now, with reference to myself individually, L
do not know, and Il do not undertake to saw
what may or may not do in given, specific
case. But when we vote for constitutional
amendment to be submitted and it is submitted
Dy the Secretary of State to the Legislatures
now In existence, do we admit that those States
are regularly constituted and that we have got
70 recognize them after they, have acted? Not
at all My own understanding is that have
right to inquire, and it is my duty to inquire,
whether this constitutional amendment has
been legally adopted by Legislature of State
which am bound to recognize. Have not a
right to make inquiry? Ii an organization, no
~" SOe up, WAbh VI WltuOuJ the con-
sent OF the people or majority of the people
OF State, sets itself up as the Legislature am
precluded from inquiring into the fact wheth-
er that is the Legislature of the State whose
action Is binding on the question submitted
That is question which have right to ex-
anime. l am not prepared to say in the very
teeth OF the report of the reconstruction COM
mlttee, so called, that these States are so con-
stiSuted and so organized that their action, so
far as the United States Government il CON |
cerned, is legal and binding upon any one sub
ject. l have not admitted that do not ad-
NIT it now -


And yet, sir, I am free to say that if from the
conduct OF government assuming to be the
government of State, from the constitution
that they submitted-and here let me say that
no constitution has yet been submitted to Con-
gress from any of these States--I saw that the
principles of that constitution were such as
would render it safe and proper in my iudg-
ment to say that it was the constitution of a
State, and that the State should come into Con-
gress, might then come into compact and saw
that such State was to be admitted into the
Union or to be recognized-as one of the States
OF the Union, If gentlemen like that language
better, on the constitution thus submitted to
Congress and the provisions they had made-|
But is it to be held that before any such thing
has been done, when the old constitutions have
been overthrown, with everything, to use the
language of the President, prostrate in the
dust, nothing new done under the authority of
Congress, or even by the assent of any one of
these States, am to take it for granted that
that is the constitution of State, and that
they are States in the Union with all proper
connections with the Government of the Unit
edtStates before l know what it is? L take il
for granted that that is not obligatory on me in
any sense; and / want to say here now with re-
gard to the formation of these States if you
please to call 1t so, because We all understand
what their condition is, conceive that have
right to inquire what the terms of their con-
stitutions are, to see whether those terms are
satisfactory, whether they have placed them
selves in condition to be admitted, whether
they were in a condition to adopt the constitu-
tional amendment which we have submitted,
and whether they have done it; not that any
convocatiOn of people called together by sat
rap forming new arrangements to suit them
Selves which they have never chosen to sub
init to Congress or the people of their State, of


which we know nothing officially, are necessa-


rily q Legislature and a government all of


whose acts we are pledged to take as the acts


OF the proper. well-organized, constitutional


governments of States in the Union and bav-


ing repaired all their broken connections with


the Union.


L admit no such doctrine, sir, and therefore


say, after vote has been taken, if any should


be by any one of these so-calied States adopt


ing the constitutional amendment, it may be a


question preliminary with me; has the consti-
tutional amendment been adopted by legally
organized constitutional government of State
which am bound to recognize? And sir,
Nv hoe PfeOiuuc HyS6u from q right to look
to the terms of the constitutions they submit
to COngr ass. rose simply to enter this cQpent


and think if gentlemen will read the report


OF the reconstruction committee they will find


nothing particularly inconsistent with what
have said in relation to that matter. Upon all
these questions, separate or otherwise as they
come up l am ready to act when they come but
no general rule can be established which win
be binding upon me with reference to ques-
hons of this description; each one is to stand
uDOn Its own DaYtiCnIar merits Or ire los
the case may be, -
Now, sir, what the reconstruction committee
submitted was this: when the constitutional
amenement has been legally and constitution


tuition itself, then, in connection with the bill
which was introduced at the same time, any
State which shall have adopted it may resume
| its position in the Union.


consider that the question of the constitu-
tional amendment has been submitted to the
voters of the United States, and that the recent
| elections have established that that is to be
supported and insisted upon. That was the
| issue made; it was the Issue with the President
and with all who opposed it; and that / deem


to be established. The bill we have not acted
| upon. The bill has not been taken up in either
House OF Congress and acted upon Congress


has never expressed an opinion upon that prop


osition, although it is part of the report OF the
| reconstruction committee. But say now as
| have said before, / am as desirous as any
man can be that this unhappy controversy
| should be ended; am as desirous as any


man can be that these rebellious States should
| be back again in the Union on perfect equal
| ity with those that are there now, and 1 will
do everything in my power to bring it about,


and will not be too stringent as to conditions; I;
l am willing to yield much and to suffer much !:


but will not yield under any circumstances


the guarantees we have insisted upon up to
| this date, and such further ones if necessary
do not say now that any others are necessar,
AS will secure the Union against arecurrence
OF a disaster such as we have suffered.


Took HIS Word FOR IT. Mr.. Pan