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amendment, entitled “A bill to provide for the as the people of those States can do for many proved themselves able to deal with it in the restoration of the States lately in insurrection years to pay their share of the Federal taxes, past. to their full political rights,'' it is required, as and the danger of their assuming the debt of The direct testimony as to the actual condia condition-precedent to the admission into the exploded confederacy or the payment of tion of the southern people is of course conCongress of the Senators and Representatives claims for emancipated slaves is, in my judg. || flicting. I have, however, seen nothing which from such State, that it shall have modified its ment, wholly imaginary.

has materially shaken my confidence in the constitution and laws in conformity with the A few words with respect to the present con- evidence of Lieutenant General Grant. His amendments.

dition and future prospects of the southern opportunities for observation have been ample, By citizens of the United States'' are meant States generally, and I have done.

his judgment is not biased by partisanship, his persons of color, they being declared such by As to the disposition of the people of these sound common sense, his knowledge of human act of Congress. The “privileges or immuni- States, there are two lights to guide us to a nature, his keen penetration and almost intui. ties” of citizens are such as Congress may by judgment. One is by way of inference or logi- || tive discernment of character are the most law ascertain and define. I presume it will not cal deduction from the necessities of their situa- solid pillars upon which his great reputation bedenied that under this amendment,ifadopted, tion; the other is positive testimony. After rests. it would be for Congress to define and determine all is said about rebels that can be said, they His testimony is substantially corroborated by law in what the privileges and immuni. are but human beings governed by like motives || by that of Major General Sheridan, furnished tics" of citizens of the United States consist, and actuated by sell-interest with other mortals.

at a later period. General Grant testifies as in like manner as Congress has already, under Obviously this interest prompts them to renew follows: the constitutional amendment abolishing sla- and strengthen their allegiance to the Govern

"I am satisfied that the mass of thinking men of the very and conferring the power to enforce its ment. The surrender of slavery has left them

South accept the present situation of affairs in good abolition by appropriate legislation, determined without a motive for rebellion. Loyalty, which faith. The questions which have heretofore divided that the emancipated blacks are citizens of means habitual obedience to law, is man's

the sentiinent of the people of the two sections

slavery and State rights, or the right of a State to the United States, '' and defined in what their normal condition in society. These people secede from the Union-they regard as having been civil rights as such citizens consist.

must necessarily settle into that condition, if settled forever by the highest tribunal-arms-that An act of Congress to define the privileges not prevented by maladministration. Their man can resort to. I was pleased to learn from the and immunities of citizens could and doubtless

leading men whom I met that they not only accepted strongest desire now is naturally to be com

the decision arrived at as final, but, now that the would be made to include the privileges of pletely restored to the full enjoyment of their smoke of battle has cleared away and time has been voting, serving upon juries, and of holding

given for reflection, that this decision has been a political privileges as members of the Union.

fortunate one for the whole country, they receiving oflice. Those privileges must, then, be incor- This desire has increased with the dishculties

like benefits from it with those who opposed them porated into the constitution and laws of each thrown in their way. I was not of those who in the field and in council. of the States excluded before they have com- wished to see the Representatives elected from

"Four years of war, during which law was executed

only at the point of the bayonet throughout the States plied with the terms prescribed. Civil rights these States resuming their seats in this Hall

in rebellion, bave left the people possibly in a condiare limited to suing and testifying in courts, on the first day of the session as though nothing tion not to yield that ready obedience to civil anand being amenable to the same punishments || had happened. I was perfectly willing to have

thority the American people have generally been in

the habit of yielding. This would render the presas other citizens. “Privileges and immuni- them subjected to an ordeal of reasonable delay, ence of small garrisons throughout these States neties” are a much broader and more compre- one result of which would be to increase their cessary until such time as labor returns to its proper bensive term, and may, by definition, include appreciation of the privilege they sought. It is

channel, and civil authority is fully established. I

did not meet any one, either those holding places suffrage, jury duty, and eligibility to office. their interest now to overthrow the dogma of under the Government or citizens of the southorn

It might, indeed, be argued that even in the secession, since a legitimate application of it States, who think it practicable to withdraw the milabsence of a declaratory law, these franchises | results in fixing their status as aliens and sub

itary from the South at present. The white and the

black mutually roquire the protection of the General are necessarily conferred upon all citizens of jugated. The only interest they ever had in Government, the United States” by the simple terms of the upholding it was as a means of protecting, in *There issuch universal acquiescencein the authoramendment itself. With such a law, negro the last resort, their peculiar institution. They

ity of the General Governinent throughout the por

tions of the country visited by me that the mere suffrage and eligibility is at once enforced over will gradually, but surely.become fixed in sound the whole country; in the excluded States by principles of constitutional construction, from is sufficient to inaintain order. The good of the

uit virtue of the provision requiring them to mod- the very necessities of the situation.

country and economy require that the force kept in ify their constitution and laws as a condition- It seemed at one time absurd to suppose that

the interior, where there are many freeimen, (else

wbere in the southern States than at forts upon tue precedent to representation ; in the loyal States the present generation could ever form a sin. sea-coast no force is necessary,) should all beisbite by virtue of the provision giving Congress cere attachment to the Federal Government or

troops. The reasons for this are obvious without

mentioning many of them. The presence of black power to enforce the provisions referred to by any department of it. And yet the forgiving troops, lately slaves, demoralizes labor, both by their appropriate legislation.

disposition manifested by our lamented Pres- advice and by furnishing in their camps a resort for It is no recommendation to me that this covert ident Lincoln caused the death of him whom

the freedmen for long distances around. White troops

generally excite no opposition, and therefore a small introduction of negro suffrage is so artfully || they had loathed to be sincerely mourned as a number of them can maintain order in a given disframed as almost to escape observation and calamity to the South. The unexpected clem- trict. Colored troops must be kept in bodies sulavoid odium. I would mich rather vote for ency exhibited by President Johnson, compelled

ficient to defend themselves. It is not the thinking

men who would use violence toward any class of a direct, honest, manly proposition that all men by the exigencies of his great office and the troops sentamong them by the General Government, I could understand at once, than for an equivo- moderate counsels of Mr. Lincoln's Cabinet, but the ignorant in some places might; and the late cal process accomplishing the same result by to leave harsh and vindictive utterances, hot

slave seems to be imbued with the idea that tho

property of his late master should, by rigbt, belong machinery. If it is wise, statesmanlike, patri- from the boiling caldron of civil war, unreal- to him, or at least should have no protection froni tho otic, or proper to take from the States the qual- ized in time of peace, soon won for the execu

colored soldier. There is danger of collisions being ifications of voters, and to enforce at this time tive department of the Government the confi

brought on by such causes.

My observations lead meto theconclusion that the over the length and breadth of the land uni- || dence and even affection of the majority of the citizens of the southern States are anxious to return versal negro suffrage and eligibility, then, sir, southern masses. Their interest in the legis- to self-government within the Union as soon as pos. let us make the issue visible and face it like || lative branch of the Government will return at

sible; that while reconstructing they want ond re

guire protection from the Government; that they are once with their admission to a participation in earnest in wishing todo what they think is required The second and fourth sections relate to the in it.

by the Government, not bumiliating to them as cit. basis of representation and the repudiation of After a careful and anxious survey of the sit

izens, and if such a course were pointed out they would the rebel debt and of claims for emancipated

pursue it in good faith. It is to beregretted that there uation, made under an awful sense of respon- eannot be a greater commingling atthis time between slaves.

sibility to my country and to history, with no the citizens of thetwosections, and particularly with That relating to the basis of representation personal predilection or private interest that I

those intrusted with the law-making power.” is founded upon a correct principle, and if am aware of to warp my judgment toward the Mr. Speaker, it is not well that the people submitted in connection with a proposition conclusion it has reached, but with prejudices should be deceived in this matter, nor can they looking to the immediate and unconditional and interests all bearing in an opposite direc- be. The question is simply one of union or admission of the representation of Tennessee tion, I am constrained to believe that all further disunion. Let the issue be frankly made and and Arkansas would probably remove all diffi- guarantees, by way of constitutional amendment squarely met. Let the great contest be made culty. No special objection would be made to or otherwise, as conditions precedent to a cau. under no doubtful colors, with trumpets soundthe fourth section, although I regard it as wholly tious and discriminating admission of loyal || ing no uncertain sound, and may God defend unnecessary. The idea that under any combi- Representatives from States and districts whose the right! nation of parties in the future this Congress inhabitants have been in insurrection, but who For myself, I wish no new war-cry. I want to would ever entertain a proposition to pay the now present themselves in an attitude of log- see no new motto emblazoned upon the victori. rebel debt or compensate the owners of eman- alty and harmony, are unnecessary, impolitic, ous flag of my country. I will recognize none cipated slaves is too trifling to govern the action unstatesmanlike, and prejudicial to the peace that has not been with it under fire. “Liberty of statesmen. As for the individual States, and welfare of the country. The guarantees and Union!” words embroidered there by the

eloquence of Webster, are still prondly borne provision in their constitutions, and if they had 1. The constitutional amendment abolishing upon its folds. Let them remain there, with not they are not able by any process to escape slavery and conferring upon Congress ample | all the added signifiance that the great war for the payment of their proportion of the national power to enforce it; and

liberty and Union has imparted; with univerdebt. The collection laws of the Government 2. A loyal army of one million fighting men, sal liberty achieved for all the inhabitants of operate directly upon individuals and upon just as determined to stamp out treason should the land, and Union, unconditional Union, the property in all the States. It will be as much it dare to show itself in the future, as they have determined aim of all who rally around it.


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Mr. INGERSOLL. I had fondly hoped, by the copperhead party; and now that the war Now, so far as the practical question for our Mr. Speaker, when Lee surrendered to Gen- has ceased it requires all the same energy, all action is concerned, so far as the interests of eral Grant, and Johnston surrendered to Gen- the same patriotism, all the same devotion to this Republic are concerned, so far as the intereral Sherman, the last armies of the rebellion, principles, to maintain the legislative power of ests of liberty and of justice and of universal right that we had heard the last of southern chiv- the country against the power that has been are concerned, it is an immaterial issue whether alry, and that we also had heard the last and defeated on the field of battie but which is now they are in or out of the Union. So far as the seen the last of northern sycophancy and north- | attempting to usurp the Government, and in legislation of Congress is concerned, so far as ern flunkyism. I bad fondly hoped that there this wicked attempt they are aided, I regret to the future status of the States that have been in had been evinced enough of heroism and pa- say, by the Executive of this nation; in fact, rebellion is concerned, it matters not whether triotism in the northern people in meeting and he is their leader; without him they would be they have been out of the Union or not, or overpowering the rebel armies in that one powerless for evil. We have not only the de- whether they are in the Union or not. grand, continuous “ onward march" for four feated rebels to fight in this contest, together have heard too much already about States in years in maintenance of the integrity of the with their natural allies the copperheads in the and out of the Union, and not enough about Republic to have inspired those men who in North, those who sympathized with them and the rebels in those States. former years had been the subservient tools of would have fraternized with them, but for the The question is not, whether those Stutes the southern aristocracy with something like an line of loyal army that interposed between shall have representation in Congress, but appreciation of true manhood, so that they them and their rebel friends, but we have in whether the rebels in those Statcs shall be so would, either for shame, or by virtue of the addition the executive power and patronage represented, and allowed to vote here with refheroic example that had been set them by the of this Government.

erence to a restoration of those States to the true men of the North, have been willing to But, sir, we are not dismayed nor disheart- " harmonious relations" we bave heard so have remained in silence, and let the work of; | ened. "We have been used temporary defeats, much about. It is a matter of supreme indifreconstruction be performed by those who had to severer trials than this. We have gone ference to me and to the loyal masses of this saved the country by arms, or at least not have through a storm of war and blood without in- | country whether those States, technically shocked the country again by that flunkyism, timidation, and, sir, as God loves liberty and jus- | speaking, are in or out of the Union. But it that subserviency, that sycophancy, that has tice, as the American heart throbs in response is a question of vital importance to the country ever disgraced that class of the northern peo- to the sentiment of universal liberty, just so whether those unrepentant rebels shall be repple in their pliant yielding to every demand of sure this same power that was unconquerable resented in Congress, and by their power here the South. I had hoped that those examples i in war will be successful in peace, and we shall defeat the objects of the loyal majority in of heroism would have had at least a silencing triumph at last over southern aristocracy and Congress, defeat the restoration of the Union effect upon them, and that they would not have chivalry, over northern sycophaney and flunky: | upon a loyal and humane basis. This is the thrust themselves forward as the willing tools ism, and the President also. They will all real issue. of their former masters.

have to succumb to the heroic and invincible And so far as my voice can go I will use it But, sir, in this I have been mistaken; my power of northern patriotism, fighting as we | for the purpose of unmasking the deception fond hopes have not been consummated. I have are the battles of universal liberty and universal that the President of the United States would been mortified beyond expression to find in the justice.

impose upon the people of this country. To North that same set of men now advocating No, the northern patriots are not disheart- what does it amount to whether I insist that with the same reckless energy, and the same ened. They have given freely of their blood the States are out of the Union, if I allow them lack of honor and of principle, anything and and treasure; they are now submitting to tax- to be represented here? Or what does it everything which the reconstructed rebels tell ation by reason of the burdens that have been amount to if I concede that they have never them to advocate. They are as ready and will. || imposed by the war without a murmur; they been out of the Union, if I consent to their ing to-day to subserve the purposes of the have submitted to it all without complaint, and being represented here? Nothing in the world. whipped yet arogant rebels as they ever were. with an endurance and a confiding trust that | They will admit that they are out of the Union, They are as ready to join hands to-day with them have no parallel in history, and they are ready | if you will admit them to representation in Conas they did in the passage of the odious com: to endure and suffer whatever may be neces- greșs; and they will not even thank you for promise measures of 1850, just as they would sary for the glory and unity of the Republic. insisting that they are in the Union unless you have joined hands with them during the rebel- They will not suffer the fruits of their great vic- also admit them to representation in Congress; lion if they could have reached over the line | tory, won at such enormous sacrifices, to be the power to vote loyalty down is what they want. of loyal bayonets between; just as they did join bartered away. They will reap the fruits of The question is, whether the rebels (who would principles with them in their Chicago conven- their victory; they will reëstablish the Republic | control absolutely the power and future destiny tion and platform in 1864 for the sake of restora- on the principles of justice, and they will never of those States if they are admitted into the Halls tion to political power, or even for the moiety permit any rebel State to be represented in the of Congress) are in a fit condition to be allowed of power that might be granted them by the Congress of the United States until it shall representation here. You know, Mr. Speaker, generosity of the South; but what can you now establish a government that is republican in and I know, that when a State, no matter how expect of the men who in time of war sympa- form, and recognizes the rights of mankind, long it has been in rebellion or what the effect thized with the enemies of the country? The irrespective of color, within its local jurisdic- of that rebellion may have been upon that old battles for liberty and justice on the one tion.

State or its people, is once admitted to repside and for slavery and tyranny on the other In my opinion, Mr. Speaker, there has been resentation in Congress it is placed on an equal are upon us again, and we must fight them out. a false issue presented to the people. The footing with the other States of this Union, and The clash of arms it is true has ceased, the President of the United States has done what has the same rights in Congress and out of physical battle has ended between the North he could to present an issue to the people that it that any loyal State has. If you let the and South, but the old battle of ideas is upon is calculated to mislead and deceive them. He President carry out his programme of restoraus still. The honest-hearted, patriotic, high- has disguised his real purpose.

He talks tion, then farewell to your intervention by Conminded, honorable men in the North who are plausibly (so do all imposters) about “har- gress; farewell to the restraining power of the contending for principle have the same opposi- monious relations," " taxation without repre- Freedmen's Bureau; farewell to your constitution, the same obstacles, to meet and overcome sentation," occasionally mentions soldiers tional amendments and your "civil rights ;'' that they had before the rebellion. We have and sailors," and now and then even ventures farewell to any and all legislation here which advanced, it is true, but there is great work yet to use the word ' patriotism." But what is interposes in behalf of the true Union men of before us. The rebels were not made rebels in all this for? Look at his acts, and then say to the southern States. a day, and they cannot be made patriots in a me, if you can, that the dearest object of his When you admit these rebel States to repre. day. They were the legitimate offspring of heart is not to secure representation from the sentation here they care not whether you conslavery after an incubation of at least half a rebel States, so that he may receive their support | sider them as being in the Union or out of the century, and now some are so crazy as to sup- as a candidate for election to the Presidency Union so long as you give them a voice here pose that they can be turned info patriots in an in 1868, and receive their vote in the Electoral again. And when you give them their votes hour. In my opinion, they must be born again. College. Under a pretense of restoring the here you give them a power which, when uniThe only difference is this: during the war the Union he is playing a game for the “s ted with their northern sympathizers in Conrebel had a musket, now he has none. The sion," otherwise he would demand guarantees gress, will overwhelm the Union party and difference is in the musket, not in the rebel. from the South that the commonest prudence Union measures and reform (I should say de

Mr. Speaker, if the northern people had been would declare necessary before they are clothed form) this Union in accordance with their own united upon the great principles upon which this with full political power.

ideas. Are you, the million of brave and war was prosecuted, and in the prosecution of The President and his friends continually per patriotic soldiers who survived the shock of the war at any time during the rebellion, it would sist in declaring to the people that the issue now war; are you, the patriotic men who defended have insured the complete and immediate over- is, whether or not a State can secede; whether and sustained our Army against the assaults throw of the rebel power and the establishment or not the States of the South have been out of the "fire-in-the-rear" party, ready for of peace upon the broad principles of eternal of the Union or have continued in it; that the this kind of restoration? The sacred blood justice. We lacked that unanimity, and hence question now is, in what way we shall " restore" of our martyred heroes cries to Heaven the terribly protracted struggle, involving the those States to the Union, or, in the language against it. sacrifice of half a million noble men and mil- of the President, " restore them to harmonious I take the ground, admitting, for the sake of lions of treasure. It required all the energy relations with the Government;" for the Pres- argument, most distinctly, that no matter if a of the honest-hearted and patriotic people to ident denies that they have ever been out of the State cannot get out and never was out of the maintain the arm of the Government against Union, and his present friends sustain.his side | Union, yet by the rebellion of its people against the rebellion, aided and encouraged as it was of the issue.

this Government, by waging open war upon its


lawful authority, every citizen within such State that alien as opposed to citizen means foreign as re- Not at all. The character of any criminal does would become thereby an alien enemy to the spects country. Indians are the subjects of the Uni

not change when, being detected and overtaken, ted States, and therefore are not in mere right of United States, and liable to be treated by this home birth citizens of the United States; but they

he acknowledges the crime and proffers to make Government in all respects as one who never may be made citizens by some competent act of the restitution; he is a criminal still. The rebels was a citizen of this Government, a foreigner General Government, by treaty or otherwise."

were only defeated in carrying out their traitordomiciled within its territory, to say nothing Now, sir, with reference to these rebels who ous designs because they were met and overof the right of the Government to hang them inaugurated a rebellion, who formed a de facto powered by the heroism of the northern peoas rebels and enemies. If that position is cor- government, recognized by the civilized Powers ple. Let us illustrate this a little further. We rect, then it follows that if within any certain of the world as entitled to belligerent rights; will presume that the people of Mississippi in State all its inhabitants become alien enemies which was recognized by our own Government 1860 were peaceful citizens ; in 1861 they were the Congress of the United States is alone as entitled to belligerent rights; they became rebels ; in 1862, 1863, and 1864 they were belvested with power to establish a government || enemies, and alien enemies, although not for- || ligerents; in 1865 they were subjugated: in:1866 for them, to make laws for them, to control eign-born. And, sir, I hold, in accordance with

the Government arrests the leaders for treathem so long as they shall remain alien ene- the law which I have read, that the character son. But, say the rebels, you cannot try us for mies or simply aliens. I lay this down as an of alien continues until relieved by competent treason; although at first we were rebels, we axiom in our Government: that when a person authority of the General Government.

afterward established the confederacy,” and is an alien enemy, either by being the subject I read now from the opinion of the Supreme you recognized us as a de facto government, of a foreign jurisdiction or by virtue of his own Court of the United States, as recorded in 2 as alien enemies, as belligerents; you waived treason, he remains an alien enemy to this Gov. Black's Reports, page 666, to show that the the right to try us for treason in thus recog. ernment until Congress relieves him from that inhabitar of souther States did, by vir- | nizing us. Well, we reply, if that is so, we disability. The President's position is, that a tue of their rebellion and treason against the will dismiss the charge of treason, and treat citizen of the United States may be a rebel bel- United States, become alien enemies, and that you as conquered public enemies, as aliens. ligerent firing at the life of the nation to-day, ) is an independent fact, without reference to the No, no; that will not do; we will not submit and a lawful citizen to-morrow, and entitled of status of the rebel States in their relation to to that; we claim, that notwithstanding you right to representation in Congress! the Union :

had the lawful right to fight and subdue us, An alien enemy, being such by virtue of his

"A war may exist where one of the belligerents that as soon as you wrested our arms from us rebellion and treason, forfeits all the rights claims sovereign rights as against the other.

we were at once transformed into citizens of

"Insurrection against a Government may or may that he ever enjoyed under the Constitution not culminate in an organized rebellion, but a civil

the United States Government we sought to and as a citizen of the United States. He for

war always begins by insurrection against the lawful destroy, and are now entitled to representation feits the right to vote; he forfeits the right to authority of the Government. A civil war is never in Congress and all other rights we ever enjoyed

solemnly declared; it becomes such by its accidents be represented in Congress; he forfeits the --the number, power, and organization of the persons

under the Constitution. We deny your conright to hold office; he forfeits every right who carry it on. When the party in rebellion occupy clusions, and we propose to contest the point except such as he may exercise under the law and hold in hostile manner a certain portion of ter- with you before the people. of nations; and the fact that he may have been

ritory; have declared their independence; havo cast
off their allegiance; have organized armies; have

Mr. Speaker, in my opinion we would have born in this country only adds a deeper black- commenced hostilities against their former sover- but little trouble in settling these difficulties, ness to his crime; he is entitled to only the eign, the world acknowledges them as belligerents, or finding a solution of the problems which

and the contest a war. They claim to be in arms to same protection, and that, in fact, only by the establish their liberty and independence, in order to

now weigh so heavily upon the country, had courtesy of the Government, that would be become a sovereign State, while the sovereign party

the President of the United States but conaccorded to a subject of Great Britain, or any

treats them as insurgents and rebels who owe alle- scientiously and honestly discharged his duty. other foreign Power, if he were simply domigiance, and who should be punished with death for

Had he had more judgment and less ambition, their treason. ciled within the jurisdiction of the United "The laws of war, as established among nations, more patriotism and less egotism, had he de. States. Let us not forget that these rebels bave their foundation in reason, and all tend to miti- sired to subserve the interests of his country were the most favored of our citizens. Their

gate the cruelties and misery produced by the scourge
of war. Hence the parties to a civil war usually con-

rather than his own, we would have had an easy every interest had been generously protected cede to each other belligerent rights. They exchange

deliverance from our troubles. When the sur and fostered by the Government always; and prisoners, and adopt the other courtesies and rule

render of the rebel armies was made, Andrew now, after they have sent to untimely graves

common to public or national wars.
"**A civil war,' says Vattel, 'breaks the bands of so-

Johnson was President of the United States. half a million of the nation's bravest sons; ciety and government, or at least suspends their force He had exercised the authority but a few days. after they have deluged the land with blood and effect; it produces in the nation two independent He had no experience in the administration and covered it with a shroud of woe, in the

parties, who consider cach other as enemies, and ac-
knowledge no common judge. Those two parties,

of the Government, but he had ambition. He names of Fort Pillow, Libby prison, and An. therefore, must necessarily be considered as consti- had a desire to make himself conspicuous bedersonville, they demand representation in tuting, at least for a time, two separate bodies, two fore the country and before the world, and Congress, and Andrew Johnson and William

distinct societies. Having no common superior to
judge between them, they stand in precisely the same

consequently, blinded by his ambition and H. Seward say they ought to have it.

predicament as two nations who engage in a contest crazed by his egotism, he refused to do what Mr. Speaker, am I right when I declare that and have recourse to arms.

the simplest-minded man knew he ought to

"This being the case, it is very evident that the the people of these rebellious States are alien common laws of war, thosc maxims of humanity, mod

have done under such circumstances. You all enemies to this Government? If I am, when eration, and honor, ought to be observed by both par

remember the condition of the country at that and by what means did they become alien ene

ties in every civil war. Should the sovereign conceive time. He ought to have called the Congress mies? Was it by act of the Government of the

he has a right to hang up his prisoners as rebels, the
opposite party will make reprisals, &c.; the war will

together at once in special session, called United States? No, sir. Was it by their own become cruel, horrible, and every day more destruc- together the representatives of the party who, act of war? It was. If, then, they were ever tive to the nation."

confiding in his honor and his patriotism, based alien enemies to this Government, when did The Supreme Court say:

upon what he had publicly said on all occathey cease to be such; or are they not alien "As a civil war is never publicly proclaimed eo nom- sions from the very inauguration of the rebel.. enemies to-day? They are alien enemies this

ine, against insurgents, its actual existence is a fact
in our domestic bistory, which the court is bound to

lion, elected him Vice President. day, unless by act of Congress they have been notice and to know.

Had he thus called the representatives of recognized as being otherwise. The President The true test of its existence, as found in the the people together to counsel and advise with, cannot change an alien into a citizen. The writings of the sages of the common law, may be thus summarily stated: :When the regular course

it would have been an easy matter for Congress Constitution has vested no power of naturali- of justice is interrupted by revolt, rebellion, or in- at that time to have shaped the legislation of zation upon the President. Congress alone is surrection, so that the courts of justice cannot be the country to a solution of these difficulties, vested with that power. A foreign-born sub

kept open, civil war exists and hostilities may be
prosecuted on the same footing as if those opposing

and adjusted a basis of reconstruction satisfacject is required to reside in this country for five the Government were foreign enemies invading tho tory alike to the loyal people of the North and years before he can become a citizen, unless land.'

the subjugated people of the South. The lathe has served in the Army; then why should

* The law of nations is also called the law of nathese native-born rebels receive so much more the common sense of the world. It contains no such tureas

ter were willing at the time of the surrender

to accept almost any conditions which would consideration than a foreigner residing peace- anomalous doctrine as that which this court are now for have spared their forfeited lives and their for ably among us with the intention of becoming

the first time desired to pronounce, to wit, that insur-
gents who have risen in rebellion against their sov-

feited property. They were thoroughly whipped; a citizen?

eign, expelled hercourts, established a revolutionary they were subjugated, and they were ready to Sir, let me lay down in connection with this government, organized armies, and commenced hos

acknowledge it. From the published speeches subject this proposition of law: that in order

tilities are not ENEMIES because they are traitors;
and a war levied upon the Government by traitors

the President had made previous to their subto be an alien to the United States Govern

in order to dismember and destroy it is not a war jugation, and immediately after, they never ment it is not necessary that a man should be because it is an insurrection.'"

dreamed of finding any clemency in his heart. foreign-born. He may be an alien although In this opinion the court declare that these They simply expected the rights and privileges not foreign-born. And I hold, sir, that the rebels, these traitors, these insurgents, who have belonging to a vanquished foe. They never people of the southern States did, by treason been prosecuting this war against the Govern- dreamed of being regarded as citizens of the and rebellion, become alien enemies to this ment, are ENEMIES, to be treated in the light United States, entitled to the right of represenGovernment. By their warfare against the of public enemies, or alien enemies, entitled tation in Congress, and the right to “restore' Government they became its enemies; and by to the same rights as though it were a foreign the country they had moved heaven and earth the laws of war they became alien enemies and war originally, and no more. And now I ask, to destroy liable to be treated as such. Let me read, when the character of an alien once attaches No, sir, they never dreamed of it. The upon this point, from Lawrence's Wheaton to the rebellious party, when does that charac- leaders expected to be hung, if they put any on International Law, page 899:

ter cease? Does it cease simply because they reliance upon the oft-repeated utterance of Mr. "In the United States it is incorrect to suppose acknowledge their defeat on the battle-field? || Johnson, that they should be hung, for he

That party

had declared time and again that he would hang composed of the members of the southern States of treason. Do this and it will all come out them; that he would make treason odious; that

and such members of the present Congress ag aro right.” it was the greatest crime known to the calendar

ready to sustain his policy. In such a congress there
would as large a Senate and nearly as largo a House,

Mr. Speaker, I believe the gentleman from of crimes; that traitors should be punished. while with such a body to sustain him he can even Missouri (Mr. Hogan! delivered a speech on This he had declared, and they knew it. With more justly represent the Government, and throw the radicals, who shall accept the issue, into the de

this floor a few days since, in which he chalan army to back him, and loyal people to susfensive attitude of an adversary faction."

lenged the Union party, or any of its repretain him in carrying out these declarations, they never dreamed of finding clemency and en

Is this "bringing forth fruits meet for repent

sentatives in this Congress, " to show wherein

Andrew Johnson had been a traitor to the couragement and protection, as the sequel has

ance,” that the President used to talk about? || pledges and professions he had made during shown they have found, at his hands! Not only

How do you like this picture of “reconstruct- the rebellion." Is it to be expected that any protection, sir, but promotion ! and he hasgiven ed" rebels?

one is to be gammoned by any such "gascon. them to understand that they have a constitu- Ah! sir, this failure on the part of the Pres

ade" as this? Are we to be told, and is it to tional right to deliberate in the councils of the

ident to call Congress together was a great be believed, that Andrew Johnson occupies toGovernment they attempted to disrupt and

misfortune to this country; the greatest | day the same position that he held in 1864 and overwhelm; that they have a constitutional

which ever befell it, perhaps, with the excep- has held from 1861 up to within the past few right to make laws which are to determine the

tion of one. It was a greater misfortune | months? There is a radical difference between future status of the States and the people of

when Booth, the assassin, sent his bullet, the Andrew Johnson of to-day and the Andrew those States who have been engaged in this with unerring certainty, through the brain Johnson of a year ago; there is also an antagoformidable rebellion against the Government.

of that purest and best man, who, by his pa- nism between the men who elected him and Under the President's programme they are triotism and by his virtue, ennobled and ele

the men who now support him. Is not Anbecoming much emboldened of late. Many of

vated that country for which he died. That | drew Johnson to-day trampling upon the printhe southern papers insist upon it that all acts

was one of the great calamities which befell ciples he sustained and proclaimed a year ago? of the present Congress are illegal and void, for the country. Ah! how little did we then know

I proclaim here that he is, and I will prove it the reason that the eleven southern States are

how much we lost. The next, as it has | by his own record. Why, sir, if the Andrew denied representation in Congress. They even turned out, was that Andrew Johnson was

Johnson of to-day is the man we elected Vico go so far as to advise the President to call the Vice President! Had Andrew Johnson been

President then we have most wonderfully transsouthern representatives to Washington, and an honest man, and had he been with us,

formed ourselves. Somebody has been transhave them go in a body and claim their seats;

from principle, in this contest, it would, sir, || formed. Either the Democratic party that and in case opposition is offered to this pro

have softened the rigor of that first calamity | denounced him as a traitor and a scoundrel posed outrage, they tell the President to apply to the American people.

of the deepest dye has been transformed, or the bayonet and clear the House of the radicals!

But Andrew Johnson was never with the

the Union party or Mr. Johnson has been This is easily enough said, but it will never be Republican party on principle; never, sir. In transmogrified.” Somebody has changeddone. The New York News, referring to this

the first place he was for maintaining this Union, || things are not now as they were. subject of representation in a late number, said: as can be proved by his last speech in the which recently denounced him now sustain “The radicals oppose their admission. They bar

United States Senate, with slavery; for he him, from Vallandigham down, filling the air the doors. They stand armed with stolen and unlaw- deemed slavery secure only in the Union. In with huzzahs in his praise. Unless the entire ful weapons to dispute the passage of duly elected

that speech be distinctly avowed that he was members of Congress to their rightful seats in the

Union party has been transformed in a brief national Legislature. Then why does not the Chief

going to fight for slavery in the Union;;' he period there has a change come over the spirit Magistrate of the Republic interpose his authority to was satisfied that in the Union was the only of the dreams of the Democratic party, and prevent this outrage against the representatives of

safety for slavery, and that outside of it was tho States and of the people? He has the power to

over its actions, too. Is it the Union party or do so. lIo is Commander-in-Chief of the armies of

certain ruin. He emphatically declared that the Democratic or Andrew Johnson that has the United States, and has at his disposal an armed "the institution would be perpetual if southern | changed? and disciplined forco amply sufficient to preserve the peace at ile seat of Government, and to enforce obemen stood together in the Union.”

Sir, the Union party has not changed, nor dience to the laws beneath the roof of the Capitol of

Andrew Johnson is essentially a southern has the Democratic party changed. The Demthe Republic. Let a day he fised for the representa- man. Born, reared, and educated in the South, || ocratic party is the same uncompromising foe tives of the southern States and people to take their

he has the prejudices of the southern people; || of progress, civilization, liberty, and justice seats in Congress. The seats aro there ready to receive the rightful claimants. Let them enter, take posses

he has their animosities, their hatreds, and their || that it ever was during the rebellion, and the sion of their own and fulfill their official functions. superstitions. He, however, was never recog. Should violence be offered them by any man, or num

Union party stands to-day where it has always nized by the leaders of the South, who in- || stood, undaunted and invincible, neither intimber of men, under any pretenso whatsoever, let the President send a detachment of Federal troops to augurated the rebellion, as one of their peers, idated by threats nor seduced by patronage, the preserve order in the Capitol.

so he sacrificed nothing of a social character constant and untiring friend of liberty, union, * If radical conspirators attempt to support their when he refused to go with them. He had l and universal justice! usurpation by force, the consequences be upon their

God bless the Union heads. It is time that the Republic should have a

never been with them as one of the spokes in | party, say I! complete and constitutional Legislature. We have their political wheel. Andrew Johnson to-day There is nothing in common between the beer ruled too long by faction. We have been too long subject to the caprices of fanatics. The country

is filled with the poison of the malaria of Democratic and the Union party. There is an must be permitted to resume its normal condition, and

slavery which he inhaled in his infancy, and antagonism which is irreconcilable between if revolutionists stand in the way, the executive arm during the ripening years of his life, and this I

them; an antagonism as great as that between is strong enough to sweep them from the path of restoration,

say in extenuation of his present position. He the Union party and Andrew Johnson. That The Richmond Whig gives the following

talked loudly, eloquently, and well with refer- antagonism does not exist between the Demoadvice to Mr. Johnson:

ence to the odiousness of the reljellion and the cratic party and the President. Andrew John

blackness of the crime of treason while it was "Call together a Congress composed of members

son is doing all he can to sustain the Demofrom all the States of the Union, as well those of the his interest to do so. While he could remain

cratic party.

He has abandoned his old South as those of the North, and that if the radical in the United States Senate, or so soon as he || friends. He has betrayed the party that gave members should refuse to attend, that ho shall rec- resigned that position receive the appointment || him a name and a position among the potenognize the northern conservative members and the southern members as the lawful Congress to sit in of military governor of Tennessee, and go there

tates of the earth. He has betrayed the printhe Capitol and legislate for the country. The Whig and maintain authority and power, and receive ciples that he himself advocated within the does not see how this programme could be accomplished peacefully and supposes that the radical

the emoluments of office, he could talk as past four years. He has given the lie to the sectional Congress, as it terms it, would continue its

loudly in favor of the maintenance of the sentiments which he expressed during the war sessions, appeal to the people, and proceed to muster Union, and for the suppression of the rebel. on vital and important questions ! rmy if the United States Army should not side

lion, and that traitors ought to be punished, with it. In that case the Whig believes that the

Sir, no man can make me believe, nor the President would be prepared to meet force with and all that, as any man. I do not know but

Union men of this country, that the Demoforce.

he has excelled almost any other in his denuncratic party which opposed the war, which The Enquirer of the same date, discoursing ciations of treason, and in his assertion that it created the Chicago platform of 1864, declaron the same subject, says:

must be punished, &c., and that the people | ing the experiment of restoring the Union by "It is evident, indeed, that a violent collision be- must be taught that treason is the crime of war a failure; the party, which strove to get up tween Congress and the President is inevitable, and

crimes. is imminent, if the true spirit and intent of the Con

"a fire in the reary of the loyal heroes fighting stitution shall remain true, and its forms abused for But, sir, so soon as Andrew Johnson finds to put down the rebellion; no man can mako the usurpation of power. In this issue the Pres

himself clothed with executive power and with mc believe that that party in sustaining the ident has thus far been altogether in the right, and has evinced all the moderation. Congress has been the immense patronage of his position, and so Andrew Johnson of to-day is supporting the wholly in the wrong, and has displayed a corre- soon as he had surveyed the political field, he | Andrew Johnson of 1862, 1863, and 1864. sponding violence. That the public peace is yet unbroken is due to the President. It depends upon

says to the people of the South “ Alliny denun- The Democratic party are not fools. They Congress whether it can be permanently maintained,

ciations against you are nothing but gammon. know that they are sustaining a man who cofor we take it for granted that the President will not I am talking that for New England. I never incides with them, and who is promoting their yield himself an unresisting victim to revolutionary violence, whatever garb it may wear, or allow the

mean to carry out any of my threats against interests. They are using him to aggrandize Constitution, to defend which the sword has been you. You take care to sustain my policy, and their party, and when they have accomplished given him, to be overturned or destroyed. A con- in 1868 I will be the candidate for the Presi- their ends they will drop him. And the time gressional coup d'état can be met by a presidential

dency. I will see that none of your necks will come when he will be so low that there will coup d'état, and in the collision the hardest must fend off as to what should be the President's pillow."

are stretched for treason; I will see that none none “so poor as to do him reverence,'' The Charleston South Carolinian says:

of you suffer; I will take care of the South if in the Democratic party. "Thero are obvious steps to the moro firm estab

you will let me humbug the northern people I assert that there never existed a man so lishment of this Government in tho call of a congress ll by these denunciations against the offense exalted or so powerful that he could betray the

39th Conc, 1st Spss.-No. 151.



that proves.

gone back!

party that placed him in power and survive that Instead of making treason odious, as he prom- on our rolls, and let them engage here in the betrayal without dishonor and disgrace. Not || ised to do, he has done all that he well could work of legislation. That is what Andrew an instance is known in the history of the world to restore traitors to political power and to Johnson desires to-day. where a man betrayed his true friends, betrayed || shield them from the legitimate results of their (Here the hammer fell.] the party that placed him in power, who did not crimes. He has given them place; he has Mr.LAWRENCE, of Pennsylvania, obtained render himself politically infamous by that act given them power; he has recognized them as the floor. of betrayal.

being entitled to all the rights of loyal citizens Mr. RANDALL, of Pennsylvania. Mr. If illustrations were necessary I might cite under the Constitution, with here and there a Speakerthe cases of John Tyler and James Buchanan. solitary exception. And if I were a betting Mr. LAWRENCE, of Pennsylvania. I had What did either of them make by their betrayal man, if I may be allowed to make use of such | promised to yield to my colleague, (Mr. Ran. of those who elevated them to power? They a phrase here, I would bet all that I have on DALL;] but if the gentleman from Illinois (Mr. have made a history which their children (if this earth that he never will order the trial of IngersOLL] is not through, I prefer to yield to they are so unfortunate as to have any) will || Jeff. Davis; and that if he is ever tried and him till he shall conclude. He is engaged in weep to read. So will Andrew Johnson, if he || convicted, Andrew Johnson will pardon him. a business which I think ought to be finished. persists in the betrayal of those who put him I only wish I was as certain to live a thousand Mr. INGERSOLL. I am much obliged to into power, sink to the same level with Tyler years, and enjoy health and youth, as I am that the gentleman for his courtesy. I shall try to and Buchanan; he is on the down grade now, Jefferson Davis never will make expiation for be as brief as possible. I was not aware that and he will reach them if he does not soon stop. his bloody crimes while Andrew Johnson is I was occupying so much time. Mr. Speaker, let us go to the record of the the President of the United States !

Let me quote further : President of the United States and see what Now, let us go a little further into this record, “If there be but five thousand men in Tennessee

I have taken some little pains || and see whether Andrew Johnson is a man who loyal to the Constitution, loyal to freedom' in the short time that I could spare from the is keeping his promises or not; and whether it Mark the language! Then he demanded that scharge of other duties to run over his rec- is true, as he would have it, that the northern men should be loyal to freedom. That prinord, and ascertain what positions he assumed men are all crazy radicals, and have themselves ciple, like his avowals in favor of liberty and and what principles he enunciated during the

on the principles they adopted || justice, be bas deserted! war, for the purpose of contrasting them with || during the progress of the rebellion. In this "Ifthere be but five thousand men in Tennessee loyal those which he has been uttering during the same Life of Johnson, by Savage, on page to the Constitution, loyal to freedom, loyal to justice, last six months. Let the record itself show | 295, Andrew Johnson is recorded as having

these true and faithful men should control the work

of reorganization and reformation absolutely." the contrast. It will appear as well defined made use of this language, in his speech at

“Loud and prolonged applause,'' according and as apparent as the contrast between mid | Nashville, while he was exercising the duties night and noon-day.

to this report, followed that remark. Sir, of military governor under commission from I quote now from Savage's Life of Johnson, Abraham Lincoln:

will guaranty that not one single man who

joined in that demonstration of applause, apon page 231, from the speech of Andrew John- “But in calling a convention to restore the State,

plauds Andrew Johnson to-day; not one, sir. son, as a Senator from Tennessee, in the Senate who shall restore and reëstablish it? Shall the man of the United States, in the year 1861:

who gave his influence and his means to destroy the Every man who applauded that sentiment

Government? Is be to participate in the great work denounces the course of Andrew Johnson to"Mr. President, when I was interrupted by the of reorganization? Shall he who brought this misery motion to clear the galleries, I was making a general upon the State of Tennessee control its destinies?"

day, denounces his apostacy from the princiallusion to treason as defined in the Constitution of

ples expressed in that speech. The men who

Just listen : the United States, and to those who were traitors and guilty of treason within the scope and meaning of “Shall he who brought this misery upon the State Il appland him to-day are the men who denounced

him then, and who, when he made that speech, the law and the Constitution. My proposition was, be permitted to control its destinies? If this be so, that if they would show me who were guilty of the then all this precious blood of our brave soldiers and

bung their heads or looked defiant and sullen. offenses I have enumerated, I would show them who officers so freely poured out will have been wantonly To-day they are patting him encouragingly were the traitors. That being done, were I the Presi- spilled."

and energetically on the back, and telling him dent of the United States, I would do as Thomas Jefferson did in 1806 with Aaron Burr, who was Sir, if that language was true as regarded that he is a second Andrew Jackson,

that charged with treason. I would have them arrested the State of Tennessee, is it not true in refer- though he claims to be a “tribune" of the and tried for treason, and if convicted, by the eternal God they should suffer the penalty of the law at the

ence to every other State situated as Tennessee people, they are using him to advance their hands of the executioner."

was. Certainly, sir; if it was wrong with regard own purposes; and he seems not to know it; Now, I can point out to Andrew Johnson

to the local legislation of the State of Tennes- and he does not want to know it; but the true who the traitors are. And now let him dare

see that traitors should participate in the men who voted for him know it; he cannot to declare that by the eternal God he will have | reorganization of their local government, the deceive them. them tried, and if convicted he will hand them

It is refreshing to read the expressions of over to the executioner!

ganizing any other State government which they | Andrew Johnson a few years ago. By virtue It will not satisfy me that Andrew Johnson

have destroyed. Will not the same objection of such declarations as those I have read, he is an honest man because he handed over to

exist with regard to traitors participating in inspired the loyal North with confidence in his the executioner the poor miserable miscreant

the reorganization of the General Government || patriotism, in his integrity, in his love of uniWirz, and that poor unfortunate woman and

in assuming its rightful jurisdiction over the versal freedom and justice to such a degree three others who were one and all the mere

rebellious States and in restoring them to the that when the patriotic Union men met in contools of the intellectual instigators of the assas

Union practically?

“ Rebels should not be vention at Baltimore in 1864 they placed the sination. That was but little; they had no

represented in the Tennessee Legislature,' name of Andrew Johnson upon their ticket friends; they amounted to nothing. Andrew

but “they should be represented in the Con- next to that of Abraham Lincoln, and we went Johnson had no reference to such persons when

gress of the United States." I cannot har- forth and battled for him faithfully and heroiche made this declaration in the Senate of the

monize these two positions of the President. ally against the same party who are denounUnited States. No, sir; he made that declaraThey are irreconcilable.

cing us to-day and supporting him with the tion against the rebel leaders, against those in

But Andrew Johnson does not talk to-day same vigor that they denounced him in 1864. high position who were inaugurating this rebel

as be did then. No, sir, he is for letting all This is the picture I want Andrew Johnson to lion. “And what has he done to fulfill that prom

those rebels participate in the conventions and look upon. It is a picture which the real ise? “Were I President of the United States,'

in every step toward reconstruction; and if friends of humanity and justice weep over. says he. And now that he is President of the

there is any treason in the way he has a parUnited States, clothed with the power that he

don in his pocket ready to hand it to the man has ceased to be a citizen; and that is the poseemed to desire at that time, what has he done

who may be embarrassed by any disability of sition I have taken here to-day, that the traitor toward the consummation of that promise? He that kind.

has ceased by reason of his rebellion and trea. has done nothing. He has not ordered the

Let us continue the examination of the son to be a citizen; and that simply because he

record : trial of any single man in the United States for

failed to consummate that treason in the overtreason.

* All the glorious victories won by our noblo armies throw of the Government, he has not been On the other hand, he has pardoned or pa

will go for naught and all the battle-fields which restored to his citizenship, for no traitor can

have beon sown with dead heroes during the rebelroled every single traitor against this Govern

be restored to citizenship until the supreme lion will have been made memorable in vain. ment, with the exception, I believe, of two,

“Why all this carnage and devastation? It was legislative power of this Government so reperhaps but one. When it became necessary

that treason might be put down and traitors pun- stores him:

ished. for General Humphreys, who had surrendered “Therefore I say that traitors should take a back

"I say that the traitor has ceased to be a citizen, his sword not more than ten days before to Gen- seat in the work of restoration."

and in joining the rebellion has become a public

enemy. He forfeited his right to vote with loyal eral Sherman, to be pardoned, that he might Sir, if Andrew Johnson could have his way men."- Andrero Johnson. enter upon the duties of Governor of Missis- | to-day, traitors would take a front seat in the Did he, Mr. Johnson? Did the traitor forsippi, here was Andrew Johnson ready to work of restoration. He has turned square feit his right to vote while you were Governor pardon him. He had not been from the battle. round. Then, when he was acting with the of Tennessee under Abraham Lincoln? If he field three weeks before he was elected Gov. Union party, he proclaimed to the world“ that I did, how has that right been restored to him? ernor of Mississippi by the returned rebellegions | traitors should take a back seat.”' Now he If that right was forfeited while you were Govof that State; and Andrew Johngon at once proclaims that traitors shall have a front seat. ernor, why does not that forfeiture continue senbim an executive pardon to enable him to He would give them front seats in this Hall! till this day when you are President? Let him enter upon the duties of that office. And I He would introduce here the rebel horde from answer that if he can. He knows the truth is have been told that General Humphreys never Mississippi, Alabama, and other insurrection- that he cannot answer it except by reaffirming as much as asked for it.

ary States. He would have their names called his old position. The right to vote was for

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