Year: 1870

have committed ourselves to the reeep-
ton of Virginia back into the Union
by our previous legislation. That
statement or charge has been iterated
and reiterated again, and again, and
yet not Senator has pointed. to one
single line in these acts Of IecOnstruc-
ton, which committed us to the ad-
mission or the restoration of Virginia
when she might apply. Section six,
of The act of March 2, 1867, provides ;


"That until the people Of the said rebel
states shall be BY law admitted to represen-
tation to the Congress of the United States,
any evil government which may exist there
in snail be deemed provisional only, and in
all respect subject to the paramount author
1ty Of She y nited states at any time TO abOl-
iSh, modify, control or superSede the same" F"


The act of April 10, 1869 has this
further provision on this subject in
reference to Virginia, Mississippi and
Texas:


"1lnd be it further enacted. That the whole
proceedings In any of said States shall not
be deemed final or operate as q complete res
tOratiOn thereof funtfl their action respective
ly shall be approved by Congress-


Can language be any palmer than
that? / challenge my frind from Ne
vada, or any other Senator who has
made this statement to show one line
or One word in these acts which bind
us TO the unconditional restoration of
Virginia. On the contrary the sec
tiOT which I have just read expressly
admits and places it in the power of
Congress to review and revise the ac-
ton of Virginia, and we are not in
any particular committed to receive
her on her application. So much for
the violated pledges and violated
faith.


But, sir, in admitting Virginia to-
day there is a violated pledge and there
is violated faith. We have sOlemnly
promised to the faithful people of
Virginia thatthey shall have the equal
protection of the law and the blessings
of good government. / appeal to ev-
cry Republican Senator in this pres
ence to-day if he is sure he is making
that pledge good to that oppressed
people? No sir the declarations Of too
many of those who avOw themselves
in favor Of the passage of the bill
show what universal distrust there Is
in regard to this legislation and yet
we are ordered to put it right through
without let or hinderance. We are
urged to turn the true people Of Vir-
GINA over to the rule of those who
still love treason and hate the Union.


Mr.. President, you and / and all
others holding positions of honor and
trust under the authority and Govern
ment of the United States are requir-
od m st1 huariho 70 n oopkoir OoNh
times called the iron-clad oath, the
oath of of 1852. The legislature of
Virginia met in provisional capacity.
Could its members be required to take
an oath less binding and less restric-
tive than we? They met as members
of the Legislature of Virginia under
the authority of laws of Congress as a
provisional body. How can they es-
cape that oath which is required Of all
who hold Office under the authority of
the Government of the United States ?
There 50 a statutory authority for the
position which / am presenting, for
the concluding portion of section six,
of the act of March 2, 1867, and act to
provide for the more efficient govern
ment of the rebel States, is as follows


"And no person shall be eligible to any Of
f1ce under such provisional governments
who would be disqualified from holding office
under the provisions of the third section OF
said Constitutional Amendment.


III that oath is not applied to the
members of the Virginia Legislature,
how, pray, are you to ascertain wheth-
er they are disqualified under the
third section of the fourteenth amend
ment? Sir, it was the spirit and in
tent, expressed and implied, running
all through the reconstruction enact
ments, that the oath should be reOui.
red, which would purge the Legisla-
ture of those who are disqualified.
How does Congress know whether
there are or are not members in that
Legislature who are disqualified by
the provision to which ] have referred? .?
Did Congress intend TO peTpetrate the
farce of passing q constitutional
amendment which should disqualify
certain persons for reasons therein
set forth, and yet permit those same
persons to become members Of the very
Legislatures which were to ratify or
reject that constitutional amendment?
Did you intend to peTpetrate that in
consistency? Did you intend to place
it in the power of those who had
been warning upon the Govern
mert and would be under the pro-
posed amendment to have the pow
er to reject that very amendment
which Congress and the country had
declared to be necessary to guard
against future rebellion and as q guar
antEe for future peace? The very
statement of the case shows the incOn-
sistency of the course. Sir, il was but
but just and right, at least, that they
should be required to take the same
oath which all others are required to
take who enter upon Offices and honor
and trust under the Government of the
United States.


Mr.. President, if any measures
have ever received the sanction and
Of the American people the
reconstruction measures have receiy-
ed that sanction and approval. They
were submitted to the people in the
canvass of 1858, and after alcanYass un-
surpassed for eXhaustlessness for ar
gument and thOrOughnes of discus
sion the measures did receive the
sanction and approval Of the Ameri-
people; and if there is one principal
running through these measures
which received their sanction more
than another it was that one which
guarantees to all the people Of the
Union who are law-Obedient and law
abiding equality OfEjustice, equality
of law it is one which recognizes cit
iZenship in those once enslaved and
and guarantees to them the nations
protection. And ifthere is one course
which they would approve above an
other on the part of their national
Legislators it is that one which those
shall follow out to the end who are
determined to see the provisions Of
the reconstruction laws finally trium-
phant in all the States of the South.


We have gone through struggles in
the field, and struggles in the civil
departments of the Government, we
are struggling to-day with the REBEL.
ion, not in the field but in another
form, and the question is not yet set
tied which is triumphant. / propose
to follow out the course which have
indicated and vote against the admis-
sion Of Virginia, because we have not,
sss<l 81