Year: 1866

sonance with the express provisions ol the Constitution, that each State shall have at least one representative, and that no State without it's consent shall be deprived of it's equal suffrage in the Senate. These provisions were in tended to secure to every State, and to the people of every State, the right of representation in each house of Con- gress, and so important was it deemed by the framers of the Constitution that the equality of the States in the Senate should be preserved, that not even by an amendment of the Constitution can any State without it's consent be denied a voice in that branch of the national legislature.

 It is true,,it has been assumed that the existence of the States was termina- ted by the rebellious acts of their in- habitants; that the insurrection having been suppressed they were thencefor- ward to be considered merely as con quered territories.

 STATES NOT TERRITORIES. m 1 The legislative, executive and judi cial departments of the government have, however, with great distinctness and uniform consistency, refused to sanction an assumption so incompatible with the nature of our republican sys- tenn and with the professed objects of the war. Throughout the recent legis- lation of Congress the undeniable fact makes itself apparent that these ten political communities are nothing less than States in this Union.

 At the very commencement of the rebellion each House declared with unanimity, as remarkable as it was sig nificant, that the war was not Waged upon our part in any spirit of oppres- sion, nor for any purpose of conquest or subjugation, nor for the purpose of overthrowing or interfering with the right of established institutions of those States, but to defend and main tain the supremacy of the Constitution and all laws made in pursuance there- 1 yf, and to preserve the Union with all the dignity and equality and rights of the several States unimpaired, and that as soon as these objects were accom- plished the war ought to cease. In some instances. Senators were permit ted to continue their legislative func- tions, while in other instances repre- sentatives were elected and admitted to seats after their States had formally withdrawn from the Union, and were cndeavoring to maintain that right by i force of arms.

 All the States where the people were ill instruction, as States, were includ- ed i'll the apportionment of the direct tax of S2O,O00,O00 annually, laid upon the United States by the act approved on tho 9th of August, 1861. Congress. by the act of March 4th, 1862, and by the apportionment of representation thereunder, also recognized their pres ence as States in the Union. aud they. for judicial purposes, have been divi- ded into districts as States alone can be divided. The same recognition ap- pears ill the recent legislation in refer encc to Tennessee, which evidently rests upon the fact that the functions of the State were not destroyed by the rebellion, but merely suspended; and that principle is of course applicable to those States which, like Tennessee, at tempted to rcnouncc their places in the Union.

 The action of the Executive depart ment of the Government upon this subject has been equally definite and uniform, and the purpose of the war was specially stated in the proclama- tion issued by my predecessor on the 22d day of September, 1862. It was then solemnly proclaimed and declared that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relations between the United States and each Of the States, and the people l thereof, in which States that relation is or may be suspended or distracted.

 The recognition of the States by the judicial department of the government has also been clear and conclusive ill all proceedings affecting them as States, had in the Supreme, Circuit and Dis trict Courts. In the admission of Sen ators and Representative from any and all of the States, there can be no just ground of apprehension that per sons who are disloyal will be clothed with powers of station, for this could not happen when the Constitution and laws are enforced by vigilaut and ! faithful Congress.

 Each house is made the judge of the election returns and qualifications of its own members, and may, with the l concurrence of two-thirds, expel a member.' When Senator or Repre- sentative presents his certificate of election, he may at once be admitted or rejected, or, should there be any question as to his eligibility, his ere dentials may be referred for investiga- tion to the appropriate committee. If admitted to Q seat, it must be upon evidence satisfactory to the house of which he thus becomes a member, that l he possesses the requisite constitutions al and legal qualifications. If refused admission as member for want of due allegiance to the government, and re- l turned to his constituents, they are ad- monished that none but persons loyal to the Uuited States will be allowed a voice in the legislative councils of the nation, and the political power and moral influence of Congress are thus effectively exerted in the interests of loyalty to the government and fidelity to the Union.

 EXECUTIVE POLICY UNCHANGED.

 Upon this question, so vitally affect ing the restoration of the Union and the permaneney of our present form of government, my convictions, hereto fore expressed, have undergone no change, but on the contrary their cor rectness has been confirmed by refec- ton and time. If the admission of | loyal ,Opm bprc to Saats in tho Pnenpct-