Year: 1866

recognize a Legislature elected without author
ity and without constitution3 There ,can be
no State Legislature without State eonstitu.
ton providing for it. You might as well enact
law that this Capitol shall stand after the
foundation is knocked from under it.


1t wouHLhave been much more satisfactory
if the committee had reported in plain and di-
rect language that the present State government
OF Tennessee, having been organized without
the assent, OF Congress, is a usurpatiou, and
that the constitution is null and void and then
reported resolution or bill Iegalizing the pres
ent state government, or else providing for the
organizing OF a State government de noro-
Then we could have met the question scuarely.
But, Mr.. Speaker, l object to this covert way Of
establishing anybody's theory. Let us have
these questions presented to us fairly and
openly.


hold that the peopleof State finding them.
selves from any cause without a government,
may organize a government and exercise the
functions of government without the assent Of
Congress. Surprising after the rebels were
driven from Tennessee the Government of the
United States had withdrawn all her troops
and agents from the State, leaving the people
without even martial law, would they not have
right to organize government? Must they
be left entirely without government or laws
until such time as Congress should see fit to
authorize the organization of government /
think not, sir. If they have formed a rebellious
government, or government not republican in
form, or IN any respect in violation Of the Con-
stitution and laws of the United States, then it
would have become the duty of this Govern
ment to put it down. But, sir, if they had or
ganized loyal government, republican in form,
IN all respects in conformity with the Constitu-
tion and laws of the United States, and in good
faith for the purpose of sustaining the Govern
nlent Of the United States, who will saw that
itwould not have become the duty of Congress
to recognize that government2


Now, what are the facts in regard to the or
ganlzatlon OF the present government Of Ten
nesseef The rebellion was crushed in that
State and the rebels driven out. The people of
the State were governed entirely by martial
law. Nothing could be done without the con-
sent of military commanders If any Judges
or magistrates exercised the functions of their
offices It was simply by permission or order of
the military commanders, and subject to their
control | commanded the district of Mem
Phis during the year 1864. During part of
that time there were some civil courts in opera
tiOn by military authority, but their acts were
| entirely subject to and sometimes set aside by
that authority. l remember instructing JUS
tice of the peace IN Memphis that he must
treat black men the same as white men, and
I bhdS AhC DldCh man ndQ no rIQlIS
which a white man was bound TO respect"
would not be in force in the district of Mem
phis as long as l remained in command.


Now sir, while this state of things existed in
Tennessee the present State government was
| organized by the loyal people of the State, with
the assent and by the authority of the Presi-
dent OF the United States. as Commander-in-
Chief of the Army, and his subordinate mill
| tary officers 1t was done not only for the
good of the people of Tennessee, but also to
aid the Government of the United States to
put down the rebellion. 1t may be urged that
it is the mere creature of martial law / say in
answer that acts done within the proper scope
OF martial law are just as valid as if done BY
authority of civil law, and deny the right Of
Congress to invalidate such acts.


l claim that it was perfectly competent for
the military authority to organize State gov
ernment in Tennessee during the existence of
martial law, as it was competent for post COM
fnanders to organize municipal governments in
towns and cities in aid Of their duty of gov
erniDg and controlling the people; and it was
done in numerous instances in the South dur
| ing the war.


But whether the State or people of Tennes-
see are in a condition to entitle them to repre-
sentation in the Congress of the United States
is another and very different question. 1t is a
question which rests with Congress alone.


/ The third section of the second article of the
Constitution of the United States says:


'He 1.-THE Presdentl shall from time to time give tc
the Congress information Of the state Of the rnon
recommend TO their consideration such measures as be
shall judge reesssary and sxpsdsnt."


By another constitutional provision the Pres
ident is authorised to veto, or refuse TO sign
any measure passed by Congress which he dis
approves, and return the same for the further
consideration of Congress, and then it can only


become a law by receiving the votes of two
thirds of each House in favor of ifs passage.
1 Now, sir, these two provisions Of the COnsti-


tuition give to the President all the power which


he has over this question. 1t is not merely


his privilege, but it is his duty, to give advice
and recommend to Congress such measures as
| his judgement dictates, and no one has any


more right to call in question his motives for
any advice he may think proper to give, or fer
any recommendation he may make to Congress


or for exercising the veto power, than he has 10


call in question the motives of the learned


members of this honorable body who differ SO
4 widely upon the same questions.


i While | think, sir, that this House has the


naked power to admit Representatives from


Tennessee or any of the rebel States, without
| the concurrence of the Senate or President,


do not think it ought to admit Representatives
| from any State which has been in open rebel
lion against the national Government, without


the concurrent or joint action of all branches Of


the legislative power determining that the
/ State or the people of the State have returned


to their loyalty, and that they are in a condi-


tion emitting them to be represented in the


Congress of the United States. The clause in
i the Constitution which says leach House shall


be the judge of the elections, returns, and quail.
| ifications of its own members, was not made
/ r.,l
1 In my humble judgement it is not applicable
| to the present case at all 1t is only applica.


bic to States and people where there is no ques'


ton as to their right to elect and send Senators
i and Representatives to Congress. If the peo
/ pie of State rebel and take up arms agains
the Government they certainly forfeit tha
/ right. Would the Senate have a right to re
ceive Senators, or the House of Representa-


tives, from State in rebellion. | think not


The people of the States lately in rebellion


forfeited the right to representation in the Con
gress Of the United States, and hold that they
cannot resume that right until the Legislative


power of the Government, by proper action, re
stores it to them. 1t isa question for Congress
to decide when the people of State who have


been in rebellion are in a condition to resume
the right of representation, and it is question
to be determined in reference to the good o
the whole country, and not upon any abstrac
1 right of the people of the particular State
There having been time when the people o
the rebellious States had not the right of rep
resentaton, it follows, according to my view
that the Government must determine the tim
when they may resume the right. When
. speak of the Government l mean, of course
the Legislative and executive departments act
ing within their respective spheres.


: The late war, Mr.. Speaker, has imposed grea
obligations upon the national Government tn
most important and sacred of which is that {
providing for the disabled soldiers, the soldiers
f widows, and the soldiers orphans. The Gov
eminent is also bound to provide for the futur
r protection of the lives, the liberty, and tb
: rights of property of the loyal white people an
| Of the loyal colored people of the rebellion
i, States Those obligations must be faithful
D discharged and l am not willing by any act {
S mine to transfer the control of the GoyernIner
e to the party or TO the men who would be hkel
E to disregard these obligations. Nor do ye
D. believe, Mr. Speaker, that the President wi
: commit so great crime. / cannot believe ths
5 Andrew johnson would sacrifice the interests {
e the Union Soldiers who have SO nobly fougf
i a L. l-wr-