Year: 1866

5 all their obligations as citizens Of the Unite
D States. If any portion OF the land is bel
by such persons, it is not competent for an
: authority to deprive them of it. If on tn
F, other hand it be found that the property
] hablo to cOnhscation, even then it canno
3 be appropriated to public purposes until b,
due process of law it shall have been dc
: clared forfeited TO the Government.


. There are still further objections to th,
, bill on grounds seriously affecting the elasi
OF persons to whom it is designed t,


bring relief. It will tend to keeI


the mind of the freedman IN a stat.
of uncertain expectation and restlessnesi


while to those among whom he lives, it will


be source Of constant and vague sppre-


hension. Undoubtedly the freedmen


should be protected, but they should be pro-


tected by the civil authorities, especially


by the exercise of all the constitutional


powers of the courts Of the United States


and Of the States. His condition is not So


exposed as may ct first be imagined. He is


IN portion Of the country where his labor


cannot well be spared. Competition for his


services from planters, from those who are


constructing and repairing railroads, or
| from capitalists in his vicinity, VIII enable


him to command almost his own terms. He


also possesses a perfect right to change his


place of abode. and il, therefore, he does not


ind IN one community or State a mode Of


lie suited to his desires, or proper remuner-
| alton Tor his labor, he can move TO another
| where laber is more esteemed and better re-


wOrded. In truth, however, each State, in


duced by its own wants and interests, will
| do what is necessary and proper to re-


tain within its borders all the labor that


IS needed for the development of its


resources. The laws that regulate


supply and demand viii maintain their
| force, and the wages of the laborer will be


regulated thereby. There is no danger that


the great demand for labor will operate in


favor of the lsbOrer, neither is sufficient


consideration given to the ability of the


freedmen 10 protect and take care of them


selves. It is no more than Justice 10 them


to believe that as they have received their


freedom with moderation and forbearanee


that they will distinguish themselves BY


their industry, and that they feel and will


soon show the world that in condition of


freedom they are eself-sustaining and capable


ofseleoting their own employment and others


own places of abode of insisting for them


selves on proper remuneration, and Of es-


tabllshing and maintaining their own asy-


lums and schools. 1t is earnestly hoped


that instead of wasting away, they will by
their own efforts establish for themselves a


condition Of respectabilily and prosperity.
lis cerrain that they can attain TO that con-
dition only through their own merits and
exertions. In this connection the query


presents itself whether the system proposed
by the bill will not, when put into COM
plete operation, politically transfer the
entire care, support and control of
four millions Of emaneipated slaves
to agents, overseers or taskmasters
who, appointed at Washington, are TO be
located IN every county and parish through
out the United States containing freedmen
aud refugees. Such a system would inev-
itablY tend to such a concentration of
power in the executive which would enable
him, if so disposed to control the action Of
a numerous class and use them for the at
tainment of his own political endss


I cannot but add another very grave OBJ
lection TO this bill. The Constitution i'm
peratively declares in connection with tax
alton that each state shall have at least one !
representative, and fixes the rule |
for the number to which in fu- |
ture times each State shall be |
entitled. Ii also provides that the Senate /
of the United States shall be composed of /
two Senators from each State, and adds with |
peculiar force that no State without its con-
sent shall be deprived of its equal suffrags. |
In the Senate the original act was neees-
ssrily passed in the absence Of the States |



were then cOntumsciously engaged in the |
rebellion. Now the case is changed and |
some at least of the States are attending /
Congress by loyal representatives, soliciting 1
tho allowance of the constitutional right Of
representation. At the time, however, Of the /
consideration and passing of the bill, there
was no Senator or Representative in
Congress from the eleven States which
are to be mainly affected by its provisions.
The very fact that reports were and are
made against the good disposition of the
is an additional reason why they
need and should have representatives Of
their own in Congress to explain their con-
dition, reply to accusations and assist By
their local knowledge in the periecting Of
Immediately affecting themselves,
while the liberty of deliberation there
would be free and Congress would have
full power TO decide according to its judg-
ment. There could be no objection urged
that the States most interested had not been
permitted to be heard. The principle is
firmly fixed in the minds of the American
people that there should be no taxation
without represen ntation. Great burdens are
now to be borne by all the country, and we
may best demand that they shall be borne
without a murmGr when they are voted by
majority of the representatives of all the |



questionable right of Congress to Judge
each house for itself eff the election re urns
and qualifications Of its own members
but that authority cannot be construed |
as including the right to shut out
in time of peace any State from the
to which 1t is entitled by the
Constitution. At present all the people of
the eleven States are excluded, and those
who were most faithful during the war not
less than the others. The State Of Tennes-
see, for instance, whose authorities were en-
gagged in the rebellion, was restored TO all
her constitutional relations to the Union by
the patriotism and energy of her injured
and betrayed people. Before the war was
brought TO a final termination they
had already placed themselves in
relations with the general government had
State government Of their own,
and as they were not included in the eman-
cipation proclamation they by their own
act have amended their constitution so as
to abolish slavery within the limits Of their
State. know no reason why the State Of
Tennessee, for example, should not fully |
enjoy all her constitutional relations to the
United States. The President of the United
States stands toward the country in q some
what different attitude from that of any
member of Congress chosen from
a single district or State. The
President is chosen by the people
of all the States. Eleven States are not at this
time represented in either branch Of Con-
gress. 1t would seem to be his duty on all
proper occasions to present their just claims
to Congress. There always will be differ
sncef + opinion in the community. Indi-
viduals may be guilty of transgression Of
the law, but these do not constitute valid
objections sgainst. the right Of a state to
IL would in nowise in
terfere with the discretion of Congress with
regard to the qualifications of members
but as told you, my duty is to recommend
to you in the interest of peace and in the in
terests of the Union the admission of every
States to its share Of public legislation.
When however insubordinate, insurgent or
rebellious its people may have been, it pre-
sents itself in an attitude of loyalty and
harmony, in persons of representatives
where loyalty cannot be questioned under
existing constitutional or legal test
it is plain that an indefinite
or parmanent exclusion Of any
part of the country from representation
must be attended by a spirit of disquiet and
complaint. It is unwise and dangerous 70
nursue a course of measures which will
unite any large section of the country
AGAINST another section Of the country, no
matter how much the latter may predOmi-
nate. The course of immigration, the devel-
opment of industry, business and natural
causes will raise up all the Southern men
as devoted 10 the Union as those Of any
other part of the land. But if they are all
excluded from Congress, if in perma-
nent statute they are declared not