Year: 1866

long 10 each House of Congress NAV hay,


his doubts removed by the Federal Constitu


tion, which declares in the fifth section o


the first article, that each House shall b.


the judge of the elections, returns and quail


fications Of its own members" In thus dis


tinctly recognizing the constitutional righ


of each House of Congress to Judge of the


elections, returns and qualifications of it;


own members the President has conformed


to the plain letter Of the Constitution. Il


being the function Of each House TO Judge Of


the elections, returns and qualifications OF


its own members, the obligation is implied


OF taking testimony, weighing evidence, and
| deciding the question of membership. What


testimony has been taken, or what evidence


has been presented on the question to either


brarch of Congress, or what judgment will


be given, is not known TO me; nor have |


the right of inquiring, for neither the right


nor the duty of deciding is devolved upon
me. But the course of the President in


thus referring the question of its own men,


bers TO the judgment of each House Of Con-
| gress received and continues to receive nv


cordial support.


Besides the steps taken by the Executive


to restore the constitutional relations of the
| States, his annual message called the atten-


ton OF Congress TO the necessity of insuring


the security of freedmen; reminding Con-
gress that while he had no doubt thatthe
General Government could extend the elec-


tive franchise, it is equally clear that good


faith requires the security of the freedmen in


their liberty and their property, their right


to labor, and their right to claim the Just


return of their labor" and observing fur


ther that "the country is in need of labor


and the freedmen arei need of employment,


culture and protection" In connection


with this subject the President further re-


marks:


"Slavery was essentially a monopoly of


labor, and as such, locked the States where


it prevailed against the incoming of free in


dustry. Where labor was the property of


the capitalist the white man was excluded


employment, or had but the second best


chance of finding it, and the foreign emil


grant turned away from the region where


his condition would be so precarious With


the destruction of the monopoly, free labor


will hasten from all parts of the civilized


world to assist in developing various and


immeasqrable resources which have hitherto
laid dormant. The eight or nine States
nearest the Gulf of Mexico have soil of
exuberant fertility, climate friendly to long
life, and can sustain denser population
than Ii found as yet In any part Of our
country. And the future influx of popula-
tiOn to them will be mainly from the North,
or from the most cultivated nations in
Europe"


These views of the President in relation
to the freedmen received, and continues to
receive my hearty concurrence. They have
I.I . I,o e tEo
and we're substantially advocated in its an
nual report. In what | believed an honest
desire to conform to them, bill was passed
by Congress regulating the Freedmen's Bu-
reau; but the provisions of the bill did not
meet the Presidents approval, because he
believed the powers conferred upon him
and upon the agents to be appointed by him,
10 be unwise and unconstitutional Concur
ring in the object of the bill, and regarding
the power as temporary, and safe in his
hands, advised its approval. But having
been returned TO Congress with the Presi-
dents objections, and having failed the need
f1l support, it is no longer a living measure
nor the subject Of debate or difference of
opinion.


Another Congressional measure, called
the civil rights bill, has been the subject of
conflict, That bill, now law, has for its
object the security of civil rights in the in
surrectiOnary States. 1t was well observed
by the President, in his annual message,
that peaceful emigration 10 and from that p0r-
ton Of the country (the Southern States is
one Of tie best means that can be thought of for
the restoration Of harmony" Its spossible in
reference with such emigration was one of
the chief objections to military rule; and by
some it is thought that the influence of class
legislation in favor Of the slaveholding mo-
nOpoly heretofore existing in the Southern
States would still be strongly exerted to pre-
vent peaceful emigration into those States,
and would exclude the laboring population
of the North from that soil Of exuberant
fertility and friendly climate, that product
i've region embracing the eight or nine
States nearest the Calf of Mexico, and that
hence civil rights in those States should be
vigilantly protected by Federal laws and
Federal tribunals Although the measures
enacted by Congress for this purpose failed
to receive the Executive sanction, vet, having
been adhered TO by a twO-thirds vote in each
House, they have now passed to the statute
book, and ceased to be the subject of debate.


Another measure or series of measures of
prime Importance, now pending before Con-
gress, merits a brief remark, viz: The plan
of restoration or reconstruction, as it is some
times called. To the plan reported by the
Joint Committee | have not been able TO
give my assent. 1t contemplates an amend
ment to the Federal Constitution, the third
section of the proposed article being in
these termsl


"SEC. 3. Until the fourth day of July,
in the year one thousand eighteen hundred |
and serenity, all persons who voluntarily ad- |
hered to the late insurrection, giving it aid |
and comfort, shall be excluded from the right |
to vote for representatives in Congress, and |
for electors for President and Vice President |
of the United States" 1t is urged by the |
advocates of this plan that this third section |
is the vital one, without which the others |
are of no value. Its exclusive action will |
no doubt commend it to the feelings ofmany |
as a wise and Just provision. But am una
BILE so TO regard IL, because for four wears il |
binds Congress TO exclude from voting for |
for Presidential electors call |
persons who voluntarily adhered to the late
giving it aid and comfort" No
matter what may be the condition of the |
nor what proofs of present and fIl-
ture loyalty may be given, an absolute con-
bar is TO be erected for four years
against a large class of persons. Change of
and condition often work rap
al change in party or political sentiment,
and nowhere with more marked results than
in the South. II is believed that elements
of change are now at work there, stimgla-
ting on one side to loyalty, and ON the other
tending TO continued hostile feelings In
my Judgment every proper Indictment to
Union should be fostered and cherished, and
for Congress 10 limit its own power, by con-
amendment, for the period Of four
years, might be deplorable in its results. To
those who differ, | accord the same honesty,
and perhaps greater wisdom than | can
claim for myself As the proposed plan
now stands ] am unable to perceive the ne
ressity, justice, or wisdom Of the measure;
but having no place nor voice In the body
before which the measure is pending, | dis
claim any purpose to interfere beyond the
expression of my own opinion.


Having thus declared my views, as they
have heretofore been declared to those who
had a right TO know them, on the material
questions that have lately arisen, or are now
pending, | trust that your purpose on this
occasion is answered, and | shall be glad if
their expression may have any beneficial in
huence ON questions the right disposition
whereof is a matter of solicitude 20 every
patriotic man, and is deeply important to the
peace and tranquility of the Union. Re
cognizing the constitutional power Of all the
coordinate branches of the Government


\