Year: 1866

he did not vote either for or against the
bill.


Now, sir, that is fact of legislative
history. That is something that was
done by the Thirty-Eighth Congress at
its first session. 1t shows that the true
and loyal men in this body believed that
was the only policy proper to be pursued.
They were not disposed to usurp any
power; but they believed it required the
Congress of the United States to settle
this great question of the right of Rep,
resentation. That is the way this work
began so far as l have knowledge of
it personally. That vote settles the
question as to mems acts in reference to
this matter. Who, then, have tried to
get up an issue with the President of
the United States?


This bill went to the Senate, and re-
ceived the sanction of that body; and
there are far more members in that
body now who were in the Thirty
Eighth Congress than in this body, in
proportion to its numbers. And nv
opinion is that if vote should be taken
upon that question in that badly to-day
we should find majority of Senators
right there who voted on that occasion
for the passage of this bill.


This shows the legislative action of
Congress while he who now sits in the
presidential chair was provisional COVER
nor of the State of Tennessee, and was
being supported there by the military
arm of the Federal Government against
the rebellion, whose fiery billows were
threatening to roll over that State
Congress was then pursusng its legiti-
mate business. 1t was pursuing the
course it deemed not only polite and
wise, but just and equitable. 1t was
pursuing the course it deemed it must
pursue under the Constitution of the
United States, in order to aid in the
reconstruction of these States as soon
as it was possible to do so. While
those southern States were seething and
boiling in the frey billows of the sultry
hell of rebellion, Congress was deliber-
ating here, and making provisions for
those States to come back into this
Union, if they saw fit to do SO, under
the provision that was then being made.


Mr.. Speaker, 1 will omit nothing
1t is true that our lamented President,
the one who fell by the hand of the
assassin, did not sanction that bill, or
give it his approval. 1t is also true
that this is the same bill, in reference
to which Senator from Ohio and a
member from this House from Mary
land, came out with their protest. But
sir, that does not affect the position Of
Congress; that does not affect the posi-
tion that members here took to do wha
little they could do in these Halls tt
save this country and the Government
Even if the present occupant of thu
presidential chair does claim to have as
sumed the mantle of the dead Presi
dent, and to be following in his foot
steps, it does not show any inconsis
tency on this question in this body O.
the body at the other end of the Capi
tol.


Sir, I think that President Lincoll
did wrong in refusing to sign that bill
and the terrible death he received a
the hands of an assassin has not sane
tilted his position in my estimation
While respect him for his great honesty
his integrity of purpose, and the mos
excellent qualities of head and heart,
cannot any the more believe in the cor
rectness of his course upon that sub
ject.


1 trust, Mr.. Speaker, that I hav
now made myself we'll understood il
the points which I have submitted il
reference to the distinction between th
executive and legislative department
and this is all I designed to accomplish
in that respect. But, sir, there i
another point to which 1 wish t.
call attention of every member of thi
House. 1t is one which, 1 think, ha
been to great extent overlooked.


An amendment to the Constitution
has recently been made. 1t passed thi
House on the last day of January, 1865
and since that time has received tn
sanction or the ratification of the Leg
islatures of three-fourths of the State
of this Union, and has become part o
the Constitution of the United States
What does that amendment provide ?
Its provisions are as follows:


"ARr1cLR XIII.


"sEc. l. Neither slavery nor involuntar,
serutude, except as a punishment for crim
whereof the party shall have been duly con
victed, shall exist within the United States
or any place subject to their Jurisdiction"


"SRc. 2. Congress shall have power to en-
force this article bY apnronriate lie on islation