Year: 1866

he undersigned, minority OF the
Joint Committee of the Senate and
House of representatives, constituted
under the concurrent resolution of the
18th of December, 1865, making it their
duty " to inquire into the condition of
the States which formed the so-called
Confederate States Of America, and to
report whether they or any of them
were entitled to be represented in eth
er house of Congress, with leave to re-
port by bill or otherwise" not being
able to concur in the measures recon-
mended by the majority or in the
grounds upon which they base them
beg leave to report.


In order to obtain a correct appre-
hension of the subject, and as having
direct bearing upon it, the undersigned
think it all important clearly to ascer-
tain what was the effect of the late in
surrection upon the relations of the
States where it prevailed to the general
government, and of the people, collect
lively and individually, constituting the
Southern States. To this inquiry they
therefore first addressed themselves.


First, as to the States. Did the in
surrection, at its commencement orany
subsequent time, dissolve the execution
between the States and the general gov
ernment? ? In our Judgment, SO far
from this being a "proftless ATTRACT
ion," it is vital inquiry for, if such
relation was not disturbed, such States
during the rebellion were as completely
component States of the United States
as they were before the rebellion, and
were bound by all the obligations
which the constitution imposes. Was
not this their condition =? If it was,
they are entitled to the rights and priv
ileges belonging to States under the
constitution. The opposite view alone
can Justify the denial of such rights and
privileges. That State of the Union
can exist without possessing them is
inconsistent with the very nature of the
government and terms of the constitu
ton. In it's nature the government is
formed of and by States possessing
equal rights and powers. States une-
dual are not known to the constitution.
In its original formation perfect equal
ity was secured. They were granted
the same representation in the Senate,
and the same right to be represented in
the House of Representatives, the differ
ence in the latter being regulated only
by difference in population. But
every State, however small its popula-
ton, was secured one representative in
that branch. Each State was given the
same right, to participate in the cleo
tion of President and Vice President,
and all alike were secured the benefit OF
the judicial department. The constitu-
tion, too, was submitted to the people
of each State separately, and adopted
by them III that capacity. The conven-
ton, which framed it, considered, ,as they
were bound to do, each i supreme SOW.
ereign, that could not be subjected to
the constitution except by its own con-
sent which was consequently asked and
given. The equality, therefore, ofrights
as the condition of the original thirteen
States before the government was form
ed, and such equality WAS not only not
interfered with, but guaranteed to them
as well as in regard to the powers con-
ferred upon the general government as
to those reserved to the States or to tlre
people of the States. The same equal
ity is secured to those which have been
admitted into the Union since the con-
stitution was adopted. In each instance
the State admitted has been "declared
to be one of the United States, on an
equal footing with the original States in
ali respects whatever" The constitu-
ton, too, so far az most. of the powers