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while this substitute provides altogether for The House bill provides for one brigadier of Bahia their calling place; two of them, the seventy-six officers, there are now sixty-six. | generalin the quartermaster's department, leav- Alabama and Georgia, being on one occasion The aimendment is not the provision of the ing out three other brigadier generals, putting | there at the same time, where they met their Senate bill; it is not the provision of the it upon the same footing as the others. It also tenders to obtain supplies. One, and some. House bill; it is not the proposition submit- | provides for six colonels, ten lieutenant col- times more, of these pirates were constantly ted by the council of general officers; it is not onels, fifteen majors, and forty-four captains, ll cruising in the south Atlantic, and liable at any that which was originally reported in the Sen- making in all seventy-six. It further provides, time to enter the port of Babia, or to send in ate ; it is not in accordance with the Army after the first appointments, as vacancies may prisoners. Register. Somebody has got it up, and is will occur in the grades of major and captain, no The rebels had a regular agent at Bahia, who affect somebody and promote somebody; but appointments to fill the same shall be made was the consignee of their supply vessels, dissurely it cannot be pretended that it corre- until the number of majors shall be reduced to counted their bills, and furnished funds to pursponds cither with the House bill or the Sen- twelve and the number of captains to thirty, chase stores for the pirates. ate bill or the Army Register or anything else Thereafter the number of ofiicers in each of The frequent visits of the pirates to this port known to the present law or any proposition | said grades shall continue to conform to said imposed upon the consul the necessity of takpending when the amendment was offered. reduced numbers. That makes a reduction of || ing care of, and providing for, large numbers This is what I undertake to say as matter of three in the grade of major and fourteen in the of prisoners landed at different times; also fact.
grade of captain. It makes a reduction of required the utmost activity and vigilance in Mr. THAYER. If the gentleman will allow seventeen in all, so that there shall be fisty-nine, watching the pirates, and th warting their efforts me, I will state for his information that the instead of seventy-six, which is believed to be to obtain supplies, and required a large amount proposed amendment is cut bodily from the sufficient for the purposes of the quartermas- of consular labor and correspondence with the Senate bill, and is precisely the provision of ter's department.
local authorities at Bahia, the United States the Senate bill, except that I have stricken out I know that a great many more quartermas- minister at Rio de Janeiro, the Department of the words, three chief quartermasters gen- ters might be employed. I know that the chiefs State, and the commanders of the United States eral, with the rank, pay, and emoluments of of bureaus are reluctant to give up any of the vessels-of-war, to whom he supplied valuable a brigadier general,” those words involving the offices which they now have. I know officers || information. creation of a new office. It is exactly the pro- may be ordered here who will do good service, The last of the rebel pirates which visited vision of the Senate bill, omitting that new buť no better than clerks can do it. But I will the port of Bahia, for the purpose of obtaining grade of Chief Quartermaster General.
not repeat the argument which I made in ref- coals and supplies, was the Florida. Through Mr. SCHENCK. Now, I do not know that. erence to the Adjutant General's bureau. the efforts of the consul she was prevented from I have in regard to this matter superior ad- I call attention to the fact that the substitute, doing so. He was the party who went on board vantages to those of any other gentleman ; we so far as brigadier generals are concerned, dif- of the Wachusett and gave the information all think that we know something about the fers from the Senate bill. It is not what passed which led to the capture of the Florida. matter. But I undertake to say this: the first under the inspection of the military council. If the committee had done anything to change bill reported in the Senate was called Senate It is not what the Housé proposed. It is some- the bill it would have been to make the amount bill No. 67, in which these matters were ar- thing which gentlemen offer, and which they | larger. ranged just as each of the bureaus wanted them. have a right to offer. We arrived at our results The bill was ordered to a third reading; and That bill was afterward withdrawn, and a new after much examination, finding out how many it was accordingly read the third time and bill, No. 67, was introduced. That new bill were necessary for posts and so on, and we passed. was the bill presented to the military council. submit them to the House and to the country. Mr. MOORHEAD moved to reconsider the Those officers went over that bill, suggesting Mr. CONKLING obtained the floor, but vote by which the bill was passed; and also changes in regard to the number of the Army yielded to
moved that the motion to reconsider be laid and many other matters ; but in scarcely a sin- Mr. DAVIS, who said: I desire to say that
upon the table. gle instance did they touch these bureau con- the amendment which I sent to the desk to be The latter motion was agreed to. In general, I believe, they made no read as a substitute was cut from the Senate
WINNEBAGO AND SUPERIOR RAILROAD, recommendation one way or the other in re- bill. It is Senate bill No. 67. I know they gard to them. Afterward there was introduced || passed a bill, No. 139. I understand that per
Mr. ELDRIDGE, by unanimous consent, into the Senate another bill, No. 138, the bill || fectly. I am credibly informed that this amend- || presented the memorial of the Legislature of which has been passed by that body, both the ment received the sanction of the distinguished
the State of Wisconsin, asking for a grant of bills No. 67 having been abandoned. In the military gentlemen to whom I have alluded.
land to aid in the construction of so inuch of bill No. 138, the Senate departed from the bills The original Senate bill provided for eighty. | the Winnebago and Superior railroad as exNo. 67, and also departed in many respects
Bill No. 138 reduced that to eighty.
tends from Doty's Island to Stevens Point; from the recommendations of this military Mr. CONKLING. I now resume the floor. which was ordered to be printed, and referred council. So far as concerns the quartermas- I am persuaded, no matter how amended, this
to the Committee on Public Lands. ter's department, the Senate proposes to have bill will continue to afford harmless occupa
BUSINESS ON SATURDAY. eighty officers in that department, being, as the tion; and I therefore move that the House
Mr. STEVENS. I ask unanimous consent gentleman says, something like this substitute, adjourn. with the exception of the three quartermasters Mr. MOORHEAD. I ask the gentleman to
of the House to offer the following resolution: general, which the Senate bill provides for, 1) yield to me for one moment to move that the. lutions, for reference only, may be received by unani
Resolved, That on Saturday bills on leave, and resobut which he does not include in his substitute.
Committee on Commerce be allowed to report mous consent, on condition that they shall not be The Committee on Military Affairs of this back a bill for the relief of Thomas F. Wilson.
brought back into the House by a motion to recon
sider. House, after a full consultation with the Quar- Mr. CONKLING. I withdraw my motion termaster General, hearing all he said upon the for that purpose.
Mr. STROUSE. I object. one side and the other, during a session of
The SPEAKER. The resolution would
THOMAS F. WILSON, some two or three hours, came to the conclu
relieve the House from much embarrassment. sion not to allow all that he claimed. Nor did Mr. WASHBURNE, of Illinois, by unanithey agree entirely with the Senate. There mous consent, from the Committee on Comwas no question made with this military coun- mercc, reported back Senate bill No. 146, for
A message from the Senate, by Mr. Forney, cil. The committee, after full consideration, the relief of Thomas F. Wilson, late United
its Clerk, informed the House that the Senate reported this bill, and I will state the differences States consul at Bahia, Brazil, with a recom
had passed the following bill and joint resoluin this respect between it and Senate bill No. mendation that it do pass.
tions, in which the concurrence of the House 138.
The bill, which was read, provides that the
was requested: The present quartermaster's department, Secretary of the Treasury be authorized to pay
An act (S. No. 193) granting lands to the as left at the close of the war-very much to Thomas F. Wilson, late United States con
State of Michigan to aid in the construction of increased from what it was before the warsul at Bahia, $1,500 out of any money in the
a harbor and ship-canal at Portage Lake, Kehas one brigadier general, three colonels, who || Treasury not otherwise appropriated, in full
weenaw Point, Lake Superior, in said State;
A joint resolution (S. R. No. 31) manifesto are called assistant quartermasters general, four || compensation for extra services, and for all lieutenant colonels, who are called deputy quar- other claims he may have against the Govern
ing the sense of Congress toward the oflicers termasters general, eleven majors, who are ment, while in the service of the United States
and seamen of the vessels, and others, engaged
in the rescue of the officers and soldiers of the called quartermasters, and forty-six captains, as consul. who are called assistant quartermasters; mak- Mr. WASHBURNÉ, of Illinois. Mr. Wil
Army, the passengers, and the officers and ing a total of sixty-five. The Senate bill, son was consul of the United States at Bahia, ishing with the wreck of that vessel; and
crew of the steamship San Francisco from perdeparting from the present arrangement, gives | Brazil, during the years 1862, 1863, and 1864. us one quartermaster, ranking as a brigadier During almost the entire time that the peti- | the time for the construction of the first sec
A joint resolution (S. R. No. 61) to extend general; three other brigadier generals, to be tioner was consul at Bahia, that port was the tion of the Western Pacific railroad. called chief assistant quartermasters general ; rendezvous of the rebel pirates for the south four colonels, to be called assistant quarter- | Atlantic, where they landed large numbers of
WESTERN PACIFIC RAILROAD. masters general; eight lieutenant colonels, to prisoners who were captured on board of Amer- Mr. McRUER asked unanimous consent to be called deputy quartermasters general; six- ican vessels on the high seas, and where they take up from the Speaker's table joint resoluteen majors, to be called quartermasters; and met their consorts and tenders for the purpose tion of the Senate No. 61, to extend the time forty-eight captains, to be called assistant quar- of obtaining coals, powder, and other supplies. for the construction of the first section of the termasters; making a total of eighty.
Three of these rebel pirates made the port Western Pacific railroad.
MESSAGE FROM THE SENATE.
Mr. WASHBURNE, of Illinois, and Mr. Also, the petition of P. Putnam, and others, citi- can say the weight of the objections already • ROSS, objected.
zens of Vernon, Waukesha county, Wisconsin, for
I feel additional discouragement in approachMr. RICE, of Maine, asked unanimous con
tional Union League of Wisconsin, in favor of the ing the discussion of this question, from the
cqualization of bounties. sent to introduce the following resolution: Also, the petition of John McKibbin, and 29 others,
strong determination evinced by the majority citizens of Linn, Walworth county, Wisconsin, for
to make this or some other material alteration Resolred, That the Committee on Banking and increased duties upon foreign wools.
in our organic law. They seem unrestrained Currency be, and hereby is, directed to inquire into Also, the petition of W. M. Bingham, and 31 others, the expediency of providing by law for the conver
by the ordinary considerations of public policy. citizens of Milwaukee, Wisconsin, in favor of the sion of State banks now organized into national enactment by Congress of a law regulating insur
They seem insensible to every appeal. They banks on or before the lst day of July next, and to ance in the United States.
are moved neither by the glorious memories of report by bill or otherwise.
Also, the petition of George Allen, and others, citi
the past, the wonderful wealth, power, and prosMr. ROSS objected.
zens of Linn, Walworth county, Wisconsin, for an
perity we have achieved under the Constitution Mr. CONKLING. I move that the House By Mr. PHELPS: A memorial in behalf of miners as it is, nor by the bright prospect that awaits do now adjourn. and melters of copper ore.
us in the future under a restored Union if we The motion was agreed to; and accordingly
By Mr. RICE, of Maine: The memorial of John
but preserve the “ ancient landmarks." Intox(at four o'clock and thirty minutes p. m.) the approval of an act of the Legislative Assembly, of icated with the sudden possession of power, House adjourned.
said Territory, entitled "An act in relation to Ska-
they chafe at every obstacle interposed between Also, four petitions of the county oflicers and others, them and the gratification of their desires.
citizens of the county of Aroostook, Maine, asking Assuming with partisan zeal that a certain PETITIONS, ETC.
that said county may be annexed to the Bangor cus- object must be accomplished, and finding the The following petitions, &c., were presented under
toms (listrict. the rule and referred to the appropriate committees:
By Mr. TAYLOR: The petition of William II. Tray, Constitution standing in their way, they would By Mr. BOYER: The petition of Joel K. Marklcy.
and others, of the city of New York, calling upon lay violent hands upon it, and with one blow By Mr. BUCKLAND: The petition of J.W. BreckCongress to submit to the several States an amend
destroy the beautiful harmony of our entire lin, and 37 others, citizens of Woodville, Ohio, for an
ment to expunge froin article five of the Federal Conincrease of duties on foreign wools. stitution the following words: "and that no State,
system of government. Also, the petition of J. T. Reynolds, and 30 others,
without its consent, shall be deprived of its equal My love and admiration for this system, which citizens of Huron, Ohio, for the same. suffrage in the Senato;" and for such other and fur
has been our pride and boast, forbid' that I Also, from E. J. Kellogg, and 52 others, citizens of
ther change and amendment as to the basis of repreBerlin, Ohio, for the same. sentation in the Senate as shall tend to promote jus
should now remain silent and unmoved, but Also, from G. W. Mead, and 37 others, wool-growtice, real equity, and harmony.
rather urge me to stand up, relying on the jusers of Huron county. Ohio, for the same.
Also, the petition of George W. Bush, praying
relief. Also, from Lewis Tucker, and 33 others, wool-grow
tice of my cause, and plead for the Constitution ers of lluron county, Ohio, for the same.
By Mr. WASHBURNE, of Illinois: The petition of our fathers. Also, from Lucius P. Sisson, and 20 others, wool
of the Mississippi Bar Dredging Company, for leave To appreciate fully the great change that growers of Huron county, Ohio, for the same. to open one or more of the passes of the Mississippi
would be wrought in the entire structure of our Also, from George Silliman, and 18 others, wool
river, at their own expense, and for compensation growers of Huron county, Ohio, for the same. after the work shall have been completed, and so
Government by the adoption of the proposed Alse, from Reuben Burras, and 18 others, woollong as they shall keep the same open.
amendment, it will be necessary to consider the growers of fluron county, Ohio, for the same.
Also, the petition of merchants of the city of New
history of its formation and its present charac. Also, from N. Sutton, and 20 others, wool-growers
Orleans interested in shipping, praying Congress to of lluron county, Ohio, for the same. adopt some practicable mode of opening and keeping
ter, so far as the same is pertinent to the subAlso, from U. B. Thomas, and 22 others, wool- open the passes of the Mississippi river.
ject under consideration; and I shall do so with growers of Huron county, Ohio, for the same.
Also, the petition of underwriters and bankers of
that brevity which so familiar a subject and its Also, from J. B. Hale, and 37 others, wool-growers
the city of New Orleans, praying Congress to legislate of Huron county, Ohio, for the same. in reference to opening the passes of the Mississippi
heretofore frequent discussion demand. Also, from J. N. Campbell, and 24 others, woolriver.
The States which united in framing our Congrowers of Huron connty, Ohio, for tho same.
By Mr. WELKER: The petition of Charles Camp, By Mr. FARNSWORTH: The petition of Ira K. and 73 others, wool-growers of Homer township; of
stitution were originally colonies, separate from Mansfield, William Courtright, Frederick Brown, A. Munson, and 107 others, wool-growers of Guilford
and independent of each other. They were and others, citizens of Winnebago county, Illinois,
township; and of T. W. Painter, and 50 others, wool- settled at different times and by people who for increase of tariff upon wool.
growers of Medina township, Medina county, Ohio, differed from each other in their habits and By Mr. JARDING, of Illinois: The petition of E. asking rotection on wool.
their religious and political opinions. Their Sbaw, and others, of Rock Island, Illinois, for uniforin insurance laws.
local customs and regulations differed accordBy Mr. HALE: The petition of George J. Nichol- HOUSE OF REPRESENTATIVES. ingly. There was no political connection beson, and others, citizens of the sixteenth congressional district of New York, for increased compensation to
SATURDAY, April 21, 1866.
tween them; and one thing alone was common assistint assessors of internal revenue.
The House met at twelve o'clock m. Prayer
to them all, and that was the allegiance which Also, the petition of Jchial P, Spear, and others, citizens of Moriah, Essex county, New York, for by Rev. GEORGE F. Magoux, President of Iowa
each owed to the British Crown; and I might increased duties on foreign wook. College.
add the injustice and oppression which finally Also, the petition of Thomas G. Shaw, and others,
drove them to arms. The Journal of yesterday was read and
This view of their politcitizens of Minerva, Essex county, New York, for the same purpose.
ical condition is sustained by Judge Story in approved. Also, the petition of Frederick Nye, and others,
his Commentaries, section one hundred and citizens of Wilmington, Essex county, New York, for
seventy-seven, which I will quote: the same purpose.
The House resumed, as in Committee of the
“Though the colonies had a common origin, and By Mr. HUBBELL, of Ohio:
The petition of Dr. MeNutt. Dr. Weeks, and Dr. Thatcher, practicing
Whole on the state of the Union, the considera- owed a common allegiance, and the inhabitants of tion of the President's annual message, upon
each were British subjects, they had no direct politphysicians, of Caledonia, Ohio, upon the subject of duties on imported inedicines. which Mr. PERHAM was entitled to the floor.
ical connection with each other. Each was independ
ent of all the others; cach, in a limited sense, was Also, the petition of R. L. Noe, and 74 others, citi
Mr. PERHAM. I yield for a few moments zens and wool-growers of Marion county, Ohio,
sovereign within its own territory. There was neither praying for increased duties on foreign wool. to the gentleman from Delaware, (Mr. Nich
alliance nor confederacy between them. The AsBy Mr. INGERSOLL: The petition of 40 citizens OLSON.)
sembly of one, Province could not make laws for
another; nor confer privileges, which were to be enof Stark county, Illinois, asking for an additional duty on imported wool,
joyed or exercised in another, further than they could Also, the petition of 20 citizens of Stark county,
be in any independent foreign State." Illinois, asking forincrease of duty on imported wool,
Mr. NICHOLSON. Mr. Speaker, numer
"And though their mutual wants and necessities
often induced them to associate for cominon purposes and for a tax of two dollars on dogs. ous and various have been the propositions
of defense, these confederacies were of a casual and Also, the petition of 45 citizens of Peoria, Illinois, before the House to amend the Constitution
temporary nature, and were allowed as an indulasking for the imposition of a tax of two dollars on all dogs.
of the United States; but more obnoxious gence rather than a right. They made several efforts Also, the petition of 50 citizens of Peoria county, than all the rest, and affecting to a greater
to procure the establishment of some general superIllinois, for an increase of duty on imported wool,
intending government over them all, but their own extent the whole character of our Govern- differences of opinion, as well as the jealousy of the and a duty of twenty-five cents on foreign shoddy and rags.
ment, is the following, upon which I propose Crown, made these efforts abortive." Also, the petition of 75 citizens of Stark county, to submit a few remarks, namely, the joint Down to the formation of the Constitution Illinois, for increase of duty on imported wool. resolution (H. R. No. 63) proposing an amendAlso, the petition of 64 citizens of Walnut Grove,
this idea of separateness, distinctness, and Knox county. Iliinois, asking increase of duty on
ment to the Constitution of the United States : || individuality was maintained. The Contiimported wool, and twenty-fivecents duty on foreign Resolved by the Senate and House of Representatives nental Congress was simply a deliberative, sboddy and rags. By Mr. LYNCH: The petition of W. F. Abbott,
of the United States of America in Congress desembited. || advisory body. Its acts were in the form of
(two thirds of both Houses concurring.) That the foland others, asking that the tariff on imported cigars lowing article be proposed to the Legislatures of the
resolutions, and not in the form of laws. It be changed from the present graduated scale to ono
several States as an amendment to the Constitution recommended, but did not command. The of uniform rate, and that the rato be fixed at three
of the United States, which, when ratified by threo dollars per pound, and fifty per cent. ad valorem.
Declaration of Independence did not change fourths of the said Legislatures, shall be valid as part By Mr. MORRILL: The petition of the Bishop
their relation to each other, but changed each of said Constitution, namely: Gutta Percha Company, of the city of New York.
ARTICLE – The Congress shall have power to make of them from a dependent colony to an indeBy Mr. MORRIS: The petition of Dr. Chase, and all laws which shall be necessary and proper to securo others, physicians of Genesee, New York, asking that
pendent State, with all the attributes of abso. to the citizens of each State all privileges and immueertain medicines be placed upon the free list. nities of citizens in the several States, and to all per
lute sovereignty. In the earlier treaties with By Mr. MYERS: The petition of Mrs. Mercie E. Scattergood, for pension of the grade of first assistant
sons in the several States equal protection in the rights || foreign Powers their distinct sovereignty is engineer United States Navy, her husband having of life, liberty, and property.
recognized in their enumeration by name. So been entitled to the pay of that grade at the time So many and able have been the arguments in the provisional articles with Great Britain, of his death. By Mr. PAINE: The petition of John Plankinton, already laid before this House against the adop.
in 1782, by which our independence was acand 30 others, citizens of Milwaukee, Wisconsin, in tion, at this time, of this or any other of the || knowledged, the first article declares that favor of the enactment of a national insurance law | proposed amendments to the Constitution, that
"His Britannic Majesty acknowledges the said UniAlso, the petition of Philander Judson, and others, citizens of Kenosha county, Wisconsin, for a modifiI might well despair of throwing any new light | Bay. Rhode Island and Providence Plantations. Con
ted States, to wit, New Hampshire, Massachusetts cation of the duty on foreign wools.
upon the subject, or increasing by anything I || neoticut, New York, New Jersey, Pennsylvania, Del
aware, Maryland, Virginia, North Carolina, South It is not for me to eulogize their work, nor furnished with the key, is simple in the extreme. Carolina, and Georgia, to be free, sovereign, and
does this llouse need to be instructed in the That key is the jealousy which has been appaindependent States; that he treats with them as such," &c.
nature of our Government. But I desire to rent through all our history, for the right of And further, from Lawrence's Wheaton,
present in contrast the Government as our each State to control its own domestic affairs,
fathers made it, and that Government, as gen- and the firmness with which that right has pages 36 and 37:
tlemen would have it could they succeed in the always been maintained. "Sovereignty is acguired by a State, either at the origin of the civil society of wbich it is composed, or
adoption of the proposed amendment, to say From all these various conflicting causes harwhen it separates itseif from the community of which nothing of the long series of amendments and mony has been evoked; and the most perfect it previously formed a part, and on which it was legislative enactments of a kindred nature that equilibrium is presented to our view in the dependent." have been introduced.
equal distribution of the Federal powers, in Thus the internal sovereignty of the United
Our Constitution having been framed and the limitation upon State and Federal power, States of America was complete from the time they declared themselves " free sovereign and
adopted by "free, sovereign, and independent and the line that is drawn between them; like
States,” bears upon its face marks of conciliindependent States," on the 4th of July, 1776.
that huge mass of rock which nature has so ation, concession, and compromise, without It was upon this principle that the Supreme
nicely poised that a child's hand can disturb which it would ineritably have failed. The Court determined, in 1808–
its balance, but a giant's strength could not Government created by it is of a mixed char- move it from its base. “That the several States comprising the Union, so far as regards their municipal regulations, be
acter, partly national and partly Federal. Its That nicely adjusted balance is now, by this came enti led, from the time when they declared
powers are delegated powers. Being the creat- amendment, to be permanently overthrown. themselves independent, to all the rights and powers ure of the States, it possesses, and can right- The line of demarkation between State and of sovereign States, and that they did not derive
fully exert no power with which it was not them from concessions made by the British King.
Federal power, which has been already too The treaty of peace of 1782 contained a recognition clothed at the time of its creation, or which it much obscured by the great latitude of conof their independence, not a grant of it.” has not since lawfully received.
struction given of late to the several grants of Now, what are the powers of an independ- It follows' necessarily that all other powers power, is now to be entirely obliterated. The ent sovereign State? The very statement of are reserved to the States respectively, or to barriers erected by the Constitution to protect the question suggests its own answer. As to the people." But to exclude any other inter- the States in the absolute control of their muexternal sovereignty we are not inquiring; but | pretation, the tenth article of the amendments | nicipal affxirs are now to be thrown down for in the exercise of internal sovereignty a State was adopted. The Government having been the Federal Government to enter this wide must necessarily find no other limitation upon formed for national purposes, as the common domain, to roam at will, and bring prostrate its power than its own will. I will not stop agent of all the Siates, received all the power at the feet of Federal power the most inestimanow to enumerate the great variety of these necessary for these purposes, while the States ble and most fondly cherished of all civil or powers, but as to a single point will read again | retained the exclusive control of their own
political rights. That instrument, framed with from Wheaton, page 132:
municipal affairs. Our Constitution derives its such affectionate solicitude by the great and “Every State, as a distinct moral being, independ- chief excellence, and the Government thomore | good men of the Revolution, who were actuent of every other, nay freely exercise all its sov
strength, from the spirit of conciliation and ated by nothing but devotion to the common ereign rights in any manner not inconsistent with the equal rights of other States. Among these is that
compromise which animated its framers. It good, is now to be changed to gratify a savage of establishing, altering, or, abolishing its own muni- | possesses a power of adaptation to all the sectional hate and an inordinate lust for power. cipal form of government.”
varions stages of our progress which it could Its beauty has already been sadly marred ; and The colonies, then, became “free, sover- not have had it been framed according to the it bears upon its face the recently inflicted blow eign, and independent States," and formed idea of some rigid theorist instead of being of sectionalism; but this amendment will comwith cach other a “firm league,"' by the Arti- || shaped and molded according to the require- || pletely subvert our present system of Governcles of Confederation, the second of which ments of the several States, until it presented ment, and is a long stride toward ultimate reads thus, namely: a system of government without a model in
consolidation. That I am just in thus characART. 2. Each State retains its sovereignty, frce- the world. It cannot be judged by any tech- terizing it, a brief examination of its provisions dom, and independence, and every power, jurisdic- nical rule. To illustrate and sustain the will show. - It reads as follows: tion, and right which is not by this Confederation expressly delegated to the United States in Congress views I have expressed, the truth of which I
ARTICLE - The Congress shall have power to assembled.”
have no doubt is conceded, I will read a few make all laws which shall be necessary and proper to The great variety of interests that were in- extracts from the Writings of James Madison, secure to the citizens of each State all privileges and
immunities of citizens in the several States, and to volved, as well as local prejudices and jeal- l volume four, page 61:
all persons in the several States equal protection in ousies, notwithstanding the necessity of union "It has been too much the case in expounding the the rights of life, liberty, and property.
Constitution of the United States that its meaning for the common defense, made it difficult for has been songht, not in its peculiar and unprece
The employment here, in the first clause of the Congress to agree upon these articles, and dented moditications of power, but by viewing it, this amendment, of the identical language conthey were not finally ratified until 1781, four some through the medium of a simple Government, years after they had been agreed upon by the others through that of a merelenguc of Governments.
tain in article four, section two, of the ConstiIt is neither one nor the other, but essentially differ
tution, seems like an attempt to force upon it Delegates in Congress.
ent from both. It must, consequently, be its own a construction that has always been denied by Upon the establishment of peace and the interpreter. No other Government can furnish a
judicial authorities and commentators upon the achievement of their independence, having no
key to its true character. Other Governments present
an individual and indivisible sovereignty. The Con- Constitution; and its use here, in connection longer the motive of a common danger in- stitution ofthe United States divides the sovereignty: with the remaining clause, can only be intended ducing them to continue to acquiesce in the the portions surrendered by the States composing the exercise by the Confederation of ungranted Federal sovereignty over specificd subjects; tho por
to enlarge its signification without being suflitions retained forming the sovereignty of each over ciently explicit to make its meaning undispower, the defects of their Government became the residuary subjects within its sphere."
puted. manifest. Then it was that, with hearts burst- The same, page 420 :
The full force of that section, namelying with love and trembling with fear for the
"The more the political system of the United States “The citizens of each State shall be entitled to all future safety of that precious boon, liberty and is fairly examined the more necessary it will be found privileges and immunities of citizens of the several independence, which they had acquired, these
to abandon the abstract and technical modes of ex- States"unselfish patriots applied themselves to the task
pounding and designating its character; and to view
was most ably explained and illustrated by the of remedying its defects. Their object was to a system hitherto without a model, as neither a sim- honorablegentleman from Indiana, [Mr. KERR,] form a Government which should possess all ple nor a consolidated Government, nor a Govern
in his speech upon what is known as the civil ment altogether confederate, and therefore not to the power and energy necessary to constitute be explained so as to make it cither, but to be ex
rights bill, and he sustained his position by a a national Government, and yet reserve to the plained and designated according to the actual divis- full array of authorities. I will not detain the several States the control of their own municipal ion and distribution of political power on the face of House with any further remarks upon this affairs. Dillicult as this task was, we all know
A just inference from a survey of this political point, except to say, that in my opinion, and as how successfully it was accomplished. We can system is, that it is a division and distribution of far as I have been able to gather from authorbut imperfectly know how great were the diffi- political power nowhere else to be found ; a nonculties, how various and conflicting the indescript, to be tested and explained by itself alone;
ities, this section was only intended to relieve and that it happily illustrates the diversitied modifi
the citizens of each State from the disabilities terests, how strong the jealousies, and how cations of which the representative principle of re- of aliens when removing to, or sojourning in, opposing the views of the members of the Conpublicanism is suseeptible, with a view to the condi
the several States. vention. In the words of James Madison, tions, opinions, and habits of particular communities.'
But as the case of Abbott vs. Bayley, 6 Pick., Federalist, No. 37:
And again the same writer in the Federalist,
92, 93, expresses so fully all I would say upon “The real wonder is that so many difficulties should
this subject, and is always cited as an interprehave been surmounted, and surmounted with a una
“The powers delegated by the proposed Constitunimity almost as unprecedented as it must have been tion to the Federal Government are few and defined.
tation of this clause, I will give it somewhat unexpected. It is impossible for any man of candor
Those which are to remain in the State governments at large: to reflect on this circunstance without partaking of
are numerous and indefinite. The former will be exthe astonishment. It is impossible for the man of ercised principally on external objects, as war, peace,
“The jurisdictions of the several States as such are pious reflection not to perceive in it the finger of negotiation, and foreign commerce; with which last
distinct, and in most respects foreign. The Consti
tution of the United States makes the people of the that Almighty Iland which had been so frequently the power of taxation will, for the most part, be con
United States subjects of one Government quoad and signally extended to our relief in the critical
nected. The powers reserved to the soveral States stage of the Revolution." will extend to all the objects which, in the ordinary
everything within the national power and jurisdiecourse of affairs, concern the lives, liberties, and prop
tion, but leaves them subjects of separate and disThe result of this deliberation was that Con- erties of the people, and the internal order, improve
tinct governments. The privileges and immunities stitution under which we have lived so long,
secured to the people of cach State in every other ment, and prosperity of the State."
State, can be applied only in case of removal from and to the peculiar character of which we Thus we possess a system of government,
one State into another. By such removal they begreatly owe all that we have accomplished as which, to a foreign observer, may appear arti
come citizens of the adopted State without natural
ization, and have a right to sue and be sued as citia people and as a nation.
ficial and complex, but which to us, who are zens; and yet this privilege is qualified and not
No. 45, says:
their jurisdiction. Persons of those who live under
absolute, for they cannot enjoy the right of suffrage order and Government. Weare asked to invest with the whites, when the inevitable result • or of eligibility to office, without such term of residence as shund be prescribed by the constitution and
Congress with authority to go peeping and must be a war of races; nor are they true laws of the State into whicb they shall remove. They prying into all the multitudinous details, which lovers of their country's weal, who for such shall have the privileges and immunitics of citizens, can possibly be embraced under the general an object are willing to strike down the power that is, they shall not be deemed aliens, but may take and hold real estate, and may, according to the
term of rights of life, liberty, and property,'' of the States and consolidate the Government laws of such State, eventually enjoy the full rights and regulate them by such laws as may be into a centralized despotism. of citizenship without the necessity of being natural- deemed “necessary and proper.”
As it is not likely that such an amendment ized. The constitutional provision referred to is
called Decessarily limited and qualified, for it cannot bo
to erect here the bed of Proupon
as this will be adopted by three fourths of all pretended that a citizen of Rhode Island coming into crustes, lay the several States upon it, and the States, and as it has been reported for our uiis State to live is ipso facto entitled to the full privi- torture them into conformity to its proportions. consideration from the committee of fifteen on leges of a citizen, if any term of residence is pre- While I have the power to resist, I, for one, scribed as preliminary to the exercise of political or
reconstruction, the suspicion naturally arises municipal rights. The several States then remain
shall never consent to so dangerous an inno- that the committee intend that its adoption by • sovereign to some purposes, and foreign to each other vation, so complete a subversion of our present the southern States shall be a condition-preceas before the adoption of the Constitution of the
form of Government. United States, and especially in regard to the admin
dent to their representation in Congress- I will istration of justice, and in the regulation of property
But while the amendment is thus couched not say restoration, for peace has long since and estates, the laws of marriage and divorce and the in general terms, and is intended to confer this restored them to the Union, but their Repreprotection of the
general power, we must not forget that it is sentatives are excluded by the mere exercise urged for a particular purpose.
of arbitrary power on the part of the majority Now, assuming this to be the true meaning Gentlemen have declaimed most eloquently l of this House. of the clause referred to, why make the Constitution repeat itself, or why empower Con
on the broad principle of equality, fraternity; Whether I am correct or not in this suspicion,
but it is nevertheless apparent that negro equal- one thing is certainly true, that so far as legisgress to pass laws in respect to privileges and
ity is what is meant. Manhood suffrage is a lation for the benefit of the negro is concerned, immunities which have never in the light of
very pleasant euplemism; but when translated under the authority of this amendment, those this interpretation been denied?
into negro voting it is not quite so captivating. States are chiefly to be affected by it. At But there can be no mistake in the meaning | “Equality before the law is quite a high- || the risk of being laughed at, I would ask if it or intention of the latter clause. By it Con
sounding phrase, and, as a general principle, is fair and honorable to take such a mean gress is authorized to legislate upon the internal is to be admired; but when you come to apply advantage of a fallen foe. They deserve a affairs of the several States, and in so doing, it to all the elements of which our society is better fate at our hands. They met our armies the only restraint upon its power will be its composed, the effect is rather startling. Let in the open field, and resisted with a courage own conception of what is necessary and
us substitute the known for the unknown quan- and endurance that compelled our admiration. proper."
tity in this article, and then see how it would Their submission has been as complete as unThe immediate object to be'accomplished by read.
expected. This is a constitutional Government, this amendment I will advert to presently; but The Congress shall have power to make all however oblivious we may be of the fact. The let us now consider the propriety of thus rob- laws which shall be necessary and proper to cause of the war must have been a violation of bing the States of their right to regulate their secure to the free negroes of each State all the Constitution and laws. The power to carry own domestic affairs, and putting such vast privileges and immunities of citizens in the sev- it on must have been derived from the Constipower in the hands of Congress.
eral States, and to free negroes in the several tution, or it nowhere existed. Whatever may As I have said before, the great excellence States equal protection in the rights of life, || have been its secret object on our part, in legal of our Constitution consists in the separation liberty, and property.
contemplation, and according to declarations between State and Federal power, and the I am not only opposed to any limitation upon at the time, it could only be to preserve the assignment to each of its proper sphere. the power of the States, but that opposition is Union and enforce obedience to the Constitu
While, very properly, the Federal Govern- increased, if possible, by the very object which tion and laws. This being the only object ment possesses all the powers necessary for the is sought to be obtained. The very fact that this known to the Constitution for which the war legitimate objects of its creation, to the States amendment would authorize such legislation was prosecuted, and having succeeded upon our has been reserved the exclusive control over as the civil rights bill” is an additional rea- part, it follows that the Constitution and laws all those matters which most deeply affect our son why it should not be adopted. All the have been vindicated and the Union preserved; welfare and happiness as social beings. To arguments urged against the passage of that and the Representatives of southern States have the States alone do we look for “protection in bill apply with still greater force to this; though as perfect a right to their seats here as any the rights of life, liberty, and property." The l gentlemen have not waited until they could i gentleman on this floor. Their exclusion is greatness of the whole is but the sum of the obtain constitutional authority for its passage. revolutionary. And I seriously doubt whether greatness of the several parts; and it is beneath I certainly think that the negro should be pro- this amendment if passed by Congress, as at the fostering care of the State government that tected in his life, liberty, and property, and present constituted, would be constitutionally the growth and development of each separate | believe that he has always enjoyed this pro- before the States for their adoption. For it political community has proceeded, each hav- tection, and that at this very moment he stands | could never have been deemed possible, when ing the power to devise just those ineasures in no need whatever of those who have con- power was given to two thirds of both Houses, best calculated to promote its own interest, stituted themselves his especial friends, and to propose amendments, that a majority would subject only to the Constitution of the United || clamor now so loudly for his rights. But I have the power to exclude or expel a sufficient States. We are dependent upon the State also contend that in giving that protection, in number to constitute itself two thirds, and then government in all the relations we sustain in conferring rights and privileges, the several pass measures which it is conceded could not life. To it and no other do we look for the States should continue to exercise, as they do be passed were all the States entitled repreadministration of justice and the punishment || now, the power of declaring what shall be their sented here. of crime. By it are we shielded and protected | extent, and by what means they shall be But these absent States are more immediIn the quiet enjoyment of our own fireside. It secured.
ately interested in this question, by reason of regulates the transactions of business and trade, The object of government is not to benefit the presence among them of a vast number of protects us in the acquisition of property, secures the individual, but to secure the welfare of the that inferior race whose condition has been so us in its enjoyment, and provides for its trans- society over which, by common consent, it is recently changed by the abolition of slavery. mission to our posterity: From the cradle to established. The individual must yield to those The negro's idea of freedom is to do nothing the grave there is no right nor privilege essen- restraints which a community for its own good but bask in the sunshine. The negro woman tial to our security and happiness which we do sees fit to impose. Likewise, when there is a now disdains to pick cotton, and her present not derive from our State government, and class which can be made certain and definite, ambition is to “send her daughter to boarding, which we would not just as well enjoy if the it may be treated as an individual, and, if the school, and keep a piano." And they are Federal Government were blotted out of exist- peace and good order of society require it, may assisted very much in these mischievous notions ence. It is right that this should be so. become subject to the same restraints and dis- by such legislation as the Freedmen's Bureau It is an axiom, I think, of political science abilities. Now, the negro race in this country and civil rights bill. With these ideas, they that the nearer government is brought to constitute such a class which is easily and well || must, as a class, become idle and improvident, the people the more conducive it is to the defined ; and the peace and welfare of a State, l) and á grievous burden upon those States. well-being of the governed. So it is much || especially where they are found in great num- ready do we hear from many sections of Virmore likely that the people of a State, as a bers, demand that the radical difference be- || ginia that farmers despair of raising stock ; distinct political community, should know bet- tween them and the white race should be recog- that their poultry, pigs, and sheep disappear ter how to advance their own interests than the
nized by legislation; and every State should in the most mysterious manner. Now, it would people of another State or the representatives be allowed to remain free and independent in be most destructive, just at this period of tranof other States could know for them, from providing punishments for crime, and other- sition from one state of society to another, to whom they might differ in many important wise regulating their internal affairs, so that fetter the power of the States while adapting particulars.
they might properly discriminate between them, themselves to this changed condition of things, This was originally their right, and they have as their peace and safety might require. by appropriate legislation to check their thievreserved it in the Constitution, which forms For the negro is not actuated by the same ing propensities, discountenance vagrancy, and our Union. And what is now proposed? We motives as the white man, nor is he deterred stimulate them to habits of industry. There is are seriously asked to pass this amendment, from crime except by punishments adapted to no reason why the most ardent philanthropist and invite the States to relinquish their free. the brutal, sensual nature which characterizes need fear that this power will be abused. The dom and independence and meekly submit to him. They are not his true friends who are people of the South are honorable and highthe interference by Congress in their internal Il striving to thrust him up to the same level
minded. When these creatures were their 39TH CONG. 1ST SESS.No. 131.
slaves they were treated as part of their house- mies, she outrode the storm and anchored in State in this Union a republican form of hold, with kindness and affection; and the the peaceful w: ters. All this unparalleled trial government,'' to provide for the establishment exceptions to this treatment were not more could but reveal whatever defect existed in the of State governments that shall correspond numerous than were to be found in the rela- material or construction. Some timbers have with the spirit of this and the other provisions tion of parent and child, or husband and wife. been parted, ome holes in the bottom and of the Constitution, and to guaranty in the Give them time to adapt themselves to this sides have been made, into which the waters strongest possible manner the perpetuity of sudden and complete revolution in their affairs. have for some time been rushing, requiring a such form of government. This is just what Give some heed to the following truthful sugo | portion of the crew constantly at the pumps. we have been trying to do for the last five years, gestions of President Johnson in his objections These holes m ist be stopped up; some slight | but with partial success. to the civil rights bill: *
repairs to the old ship must be made for her It is the duty of the United States, not only
own safety and that of the "The white race and the black race of the South
and crew. passengers
to see that new States to be admitted have such have hitherto lived together under the relation of We have also exchanged a portion of the freight governments, but to guaranty a republican master and slave--capital owning labor. Now, sud- for an increased number of passengers in the form of government'' in the old States as well. denly, that relation is changed, and, as to ownership, capital and laborare divorced. They stand now cach
shape of citizens of African descent. Some It makes no difference whether the rebellious master of itself. In this new relation, one being || portion of the vessel heretofore used for the States are dead or living; the duty of the Uni. necessary to the other, there will be a new adjustment,
storage of freight must now be appropriated ted States is the same. It is just as much our which both are equally interested in making harmo
for the accomriodation of these additional pas. nious. Each has equal power in settling tho terms,
duty to see that the government of a State con: and, if left to the laws that regulate capital and sengers. The r comfort and well-being must tinues republican in form as to require it as a labor, it is confidently believed that they will satis- be provided for. They cannot be disposed of condition of admission. Now, what is a “refactorily work out the problem."
as you woull store away bags and barrels and || publican form of government?'! It is one in But the saddest feature of all this scene is boxes. Such reconstruction must take place which the republican principle is fully recog. the vindictive spirit which gentlemen manifest as will best secure the rights, comfort, happi- | nized; in the common acceptation of the term, it in everything that relates to the unhappy South. ness, and harmony of all on board. And it is is a government by the people, one in which the Have we had introduced here any measures for absurd to object to these necessary and indis- rights of all the citizens are equally respected. the relief of that sorely stricken land? Have || pensable changes in the fear that the old ship Can we guaranty a republican form of govern. gentlemen applied themselves to heal the rav- might not be recognized.
ment in the States recently in rebellion by purages of war and encourage a defeated, humil- We have been sent here by our constituents, sning the policy heretofore adopted?, The Pres. iated people to resume their former position || charged with the important duty of reconstruct- ident, on his accession to the Presidency, with and contribute, as before, their share to the ing this Union in accordance with the enlight- the best of intentions, as we are bound to be national greatness and wealth? Alas! no. ened and progressive spirit of the age, and on lieve, inaugurated a policy which he declared But what instead do we see? The carnival of the basis of complete and impartial justice. to be an experiment, to be modified or abandeath has ceased, but gentlemen are not willing | They bid us as't nothing more, and charge us, doned whenever it should become necessary. yet to be cheated of their prey, and they carry by all the sacredness of our obligations, to He has been more than generous toward the on the war in another shape. Instead of shot accept nothing less. They send us here with late rebels, pardoning thein, restoring to them and shell these valiant warriors now fire at them no vindictive spirit. The horrors of Fort Pil- their property, giving them in many instances such acts of Congress as the Freemen's Bureau low and Andersonville have inspired no feel. the entire control of new State governments, and civil rights bills; and when they think they ings of revenge. They justly feel themselves | doing everything that it is possible for man to have driven the iron still deeper into the soul, masters of the situation, and will not stoop to do, in the way of kindness, to gain their conadded another pang to the tortures already || exult over a tallen foe. While they demand fidence and good will and secure a compliance inflicted, their exultation, as exhibited here a that "treason shall be made odious,'' and that with the requirements of good citizenship. But few days since, marks the intense malignity of | ample guaraniees shall be given against the have these acts been reciprocated? Instead of their hate.
recurrence of another rebellion, they are will. ll growing better and more loyal under the Pres. Surely the war that is past has been punish | ing to accept the least possible amount of pun- ident's policy, they have grown worse and more ment enough for the people of the South. It ishment and concession that will secure these disloyal. Instead of accepting in good faith the ought to satisfy the keenest thirst for venge. results. In this spirit I address myself to the results of the war, they openly declare that they ance, that their whole land has been swept discussion of the important questions arising are only subdued for the time being, and they with the “besom of destruction," that every from the present condition of the States recently will now rely on their influence inside the orhouse is filled with mourning, and every hill. in rebellion, and whether they are in a suitable | ganization of the Government to accomplish side and valley shows the blackened ruins of a condition to be entitled to representation in what they have failed to do outside by the bul. once happy home. Let us cease this unmanly | Congress and intrusted with all the rights and let. Their policy is to render it so uncomfortwarfare. The work before us requires some powers of loyal States.
able and hazardous for loyal men to live ainong of the same spirit that animated our forefathers Much has been said and written upon this them as to compel them to leave. Many hun--the spirit of kindness and conciliation. Let | subject, and the theories are about as numer- dreds of northern men who have made investus apply ourselves now to the work of cement- ous as the people who advocate them. But, | ments and attempted to make themselves homes ing wit brotherly love the fragments of a for our purpose, it is of but little importance || in these States have been driven away. Others broken Union. While, in the providence of whether we regard these States as dead, accord- have been murdered in cold blood as a warning God it may have been necessary that sectional ing to the theory of some members of Congress, to all northern men who should attempt to sethate and fanaticism should have nerved the or their functions suspended, as the President | tle in the South. Officers charged with the arm that struck for victory, they have no office declares. In any view of this subject these execution of the laws have been intimidated by to perform in the duties of the present hour. great practical facts remain. In that portion || threats of violence, and brutally murdered for
Nr. PERHAM. During four long and bloody of the South recently in rebellion there is ter- a faithful discharge of duty. years the people of this country have struggled | ritory, limited and defined by State lines, within In Kentucky the courts hold that officers and for national life and the vindication of the the jurisdiction and subject to the control of men who have been in the Union Army are imperishable truths of the Declaration of In- the United States. And there are people. cit. personally responsible for arrests made and dependence. Nearly half a million of newly | izens of the United States and owing alle- property taken during the war by order of their made graves, the lamentations of mourning | giance thereto, but without State governments superiors. Many have been imprisoned, and mothers, widows, and orphans, the presence and without any power of themselves to create actions are now pending against thirty-five of maimed and battle-scarred soldiers in the them. Theorize as we may on this subject, this hundred more in pursuance of this ruling of streets, and a debt of enormous proportions is the common ground to which we must all the courts; while officers and men who have attest to the fierceness of the conflict. But
been in the rebel army are by the same courts thanks to our noble officers and men who, in The President recognized this principle when exempted from such liability because of their the hour of danger, left the endearments of he prescribed the manner in which these States rights as belligerents. This is but foreshadowhome and kindred, and, baring their breasts to are to be reor yanized. If they are States in the ing what will take place in all the seceded the storm of battle, triumphantly bore our flag Union now that the military power of the rebel- States as soon as the military force shall be on a thousand battle-fields, until the weapons lion has been destroyed, entitled to the rights withdrawn. of treason were shattered in the hands of their of loyal States, by what authority has the Pres- Governor Brownlow, of Tennessee, who did supporters, and the supremacy of the national || ident exercised, practically, their judicial, ex- more, perhaps, than any other man to secure authority established throughout our entire ecutive, and legislative powers ? By what au- the nomination of Andrew Johnson at Baltijurisdiction. A grateful nation will do honor | thority has he appointed provisional governors, more, in a recent address said: to its living heroes, and the people will make authorized conventions to form constitutions,
"You may think it a little strange that I give such pilgrimages of love and affection to the graves || prescribed the qualifications of voters for dele- counsel. I do it because if General Thomas were to of the slain. gates to such conventions, and declared what
take away his soldiers and pull ap stakes and leave
here, you would not be allowed to occupy this schoolThe old ship of state which our fathers, the constitutions when formed should be, and
room a week; and if General Thomas and his milcighty years ago, built according to the best exercised nunerous other powers which he itary forces were to go away and leave us, this Legismodel of that day, and freighted with the fond- could not exe cise in the loyal States?
lature, at the head of which I am placed, would be
broken up by a mob in forty-eight hours." est hopes of the world, has recently encoun- Finding the je States, then, at the close of the tered a terrible storm. During its severe trial war without state governments and without
On the Sth of March, 1866, he wrote to a . it has braved the winds and billows, at times power of thenselves to create governments, it
member of this House a letter, from which I appearing almost ingulfed in the angry surges,
make some extracts. becomes our unty, in accordance with that prothen proudly rising in her majesty, the admi- vision of the Constitution which makes it the
"Since pardons have been so multiplied, and no ration of her friends and the envy of her ene- duty of the United States to guaranty to every
man has been punished, they have everywhero become impudent and definnt, until in most counties in