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rence the President has no right to invest fran- the North ; but the moment they have felt the is the tribunal. In regard to the election of chise in anybody. Several of the States have beneficial effects of that civilization, when- Senators, the Senate at the other end of the in the exercise of their undoubted right disfran- eyer they become acquainted with our people, Capitol is the tribunal, perfect, absolute, comchised those regarded as public enemies. Con- as they will at no distant days, they will cor. petent, and ready always to discharge this gress has refused admission to persons claim- || dially and honestly fraternize with them. It || duty and make the right decision. ing rights as members. By the several acts requires a little time, but the result is inevi. In regard to the choice of electors for Presfrom 1861 to 1865 it has declared the inhabit. table.
ident and Vice President of the United States, ants of the revolted States to be public ene- During this terrible war, which has cost the which seems to have caused more apprehenmies. It forbade all commercial intercourse | people a million of lives, and of treasure inap- || sion, the solution is equally simple, certain, or correspondence with them. It passed laws | preciable, the people of the South have been and just. There is always a tribunal that is for their punishment as traitors. Until these compelled to take up arms and sustain rebel- competent to judge whether this provision of acts of the States and of the General Govern- lion. In the Southwest it was made a crime, || the Constitution has been properly enforced. ment are repealed by authority of the States || punishable in the severest manner, for any It is not altogether a new question. In 1844 and of Congress no person can exercise politi- | rebel soldier to declare publicly or to his com- the country escaped a revolution, as many percal power of his own right, or any other than rades that this was the rich man's war and the sons think. They did not then, as now, coma delegated power.
poor man's fight. But it was nevertheless a prehend the secret springs of that peril. In A pardon whether by individual act or by || fact. The people knew that it was the rich the State of Tennessee one hundred and sevgeneral amnesty does not, and cannot, change man's war and the poor man's fight. The enty-five or one hundred and eighty men voted this condition of things. I suppose this prin- | legislation of the insurgent States exempted directly for Polk and Dallas as candidates for ciple to be so well established that it does not to a great degree the rich men and their sons President and Vice President instead of for the require the citation of authorities to maintain
on account of the possession of property, while presidential electors. If those votes given it. I venture to say that there is not in the it forced at the point of the bayonet, and often- | against the law were counted, then Mr. Polk history of law a single case of pardon which is times at the cost of life, the masses of the would receive the electoral vote of that State. held to invest persons with political power in || people to maintain their cause. There is If they were excluded, then the electoral vote a Government or State other than that con- nothing in the whole war more atrocious
of the State would be given for Henry Clay.. trolled by the authority granting the pardon, or than the cruel measures taken by the rebel So closely hung the balance that for six weeks to restore other right than exemption from leaders to force the people who had no inter- || it was impossible to determine who had carprosecution or punishment. It is a principle est in it and were averse to sharing its dis- ried Tennessee. It ultimately became of litwhich has at least been recognized by the law honor and peril. And no public act, in my tle importance, because the vote of the great department of the Government. I think At. | opinion, manifests more wisdom or a keener State of New York was given through Silas torney General Cushing gave it as his official sense of justice than the exclusion by the Pres- Wright to Mr. Polk. Had New York voted for opinion explicitly that a full pardon cannot be ident from the benefits of the charter of am- Clay, Tennessee would have decided the elecheld to restore political rights.
nesty the rebels whose fortunes exceeded tion. We can now estimate the consequences Now, it is said that this disfranchisement $20,000. Would that it had been enforced of that departure from the letter of the law of cannot be enforced. Why not? Because, for- against them!
a small number of Democrats in Tennessee. sooth, the States to be affected will not accept Now, if by any means we could reach the Had the question reached this House it would it. Very well. It is not necessary; there are masses of these people we should find loyal present exactly the problem the solution of twenty-five States represented in this House. men in numbers and strength in all these which gives so much trouble to the honorable Twenty-seven is the number necessary to amend States. The common people have no interest | gentleman from Ohio, [Mr. GARFIELD.] And the Constitution. The States of Tennessee hostile to the United States. I do not mean its solution removes the difliculty presented and Arkansas will accept this proposition of that class of men best acquainted with public || by him. disfranchisement without hesitation. They have affairs, I mean the men who have borne no But that case does not stand alone. There already adopted the principle in the organiza- | part in the important duties of public life-the is nothing new under the sun. In 1856 Wistion of their own State governments. It would common men, the laboring men. We shall find consin did not vote for electors on the day be impossible otherwise for the loyal men of that ultimately, and at no distant day, they required by law. Her vote when presented Tennessee and Arkansas to maintain govern- will become the truest and best friends of the here was not counted. If the vote of that ments, and their consent gives us the requisite | Government; and this amendment, as I under- State had decided the balance between Gennumber of States to make the amendment a stand it, will contribute greatly to the benefi- eral Frémont and Mr. Buchanan, it would have vital part of the Constitution. If it be defeated cent result,
made trouble, because we now know that long at all, it will be defeated by the Republican Sir, it does not exclude and it will not exclude and careful preparations had been made for States or by the Democratic States of the nine tenths of the population of any of these rebellion and the opportunity only was wantNorth. It will not be defeated by the insur- States. How will it operate? It will begin ing. The case presented in 1844 or in 1856 gent States.
There is, then, no justification with the beginning and it will go on to the end. would have been more propitious than that for the opinion so strongly expressed, that In the first place, it will commence its opera- offered by the election of Mr. Lincoln, bethis measure will fail because the rebel States
tions in the States in the valleys of the Ohio cause it would have concealed the real obwill not consent to the disfranchisement of and the Mississippi. In each one of those | ject of the conspirators, and secured an open any portion of their own people. The prop- States there is a majority of the people, per- and powerful support in the North. It preosition is for the loyal States to determine upon | haps a large majority, who, if left to their own sented the difficulty suggested by the gentlewhat terms they will restore to the Union the judgment, will be friendly to the Government man from Ohio. But this is its solution. It insurgent States. It is not necessary that of the United States. And thus from its opera
exhibits the almost supernal wisdom of our they should participate in our deliberations tions, where it can be immediately applied, | frame of Government. It shows that the sacupon this subject, and wholly without reason and where it will be immediately successful, it rifice of blood and treasure was weli made to that they should have the power to defeat it. will produce the exact result which we desire, || defend it. It is a matter of congratulation that they have the immediate restoration of the governments In either of the cases presented by Tennesnot this power. We have the requisite number of the States to the Union, the recognition of see or Wisconsin, the Congress would have of States without them. It is said, again, that the loyal people, and the disfranchisement of been the tribunal to decide the issue. The we cannot enforce it in these States because the implacable and unchangeable public ene
two Houses would have met in convention acseven eighths or nine tenths of the people are mies of the Union, and the creation of State | cording to the Constitution. If they agreed enemies to the Government. That is not true.
governments upon the sound and enduring basis the question would have been decided, and the We do our cause great injustice, and we do the of common interest and common affection. election of President declared in accordance people of the South infinitely greater injustice Suppose, for instance, that until 1870 some therewith. If there was difference of opinwhen we accept and publish as our own the of the southern States-South Carolina, Geor- ion in regard to the question presented, the arguments of rebel enemies of the country. || gia, or Alabama--should decline to accept the Senate would have withdrawn to its Chamber; They say that the whole people of these States terms of the amendment, and remain outside the House would have remained in its seats; voluntarily made war against the Government. of the Union. Is it not better that they should and then after mature deliberation, it may have Mr. Speaker, it is not so.
be out than in, if that is their spirit? Will it been for weeks or months, each House would I do not believe that there is a State in this do us any harm or them any good? I think have determined what should be done. And Union where at least a clear majority of the not. On the contrary, the fact that some of should the two Houses not come to the same people were not from the beginning opposed the States may be admitted in 1866, as I believe conclusion, and refuse to recognize an election, to the wor; and could you remove from the they will be, and others perhaps in 1867, and the President of the Senate, or in his absence control of public opinion one or two thousand so on until the last recusant Cummonwealth the honorable Speaker of this House, would in each of these States, so as to let up from the returns to the Union, shows this to be by far have administered the Government until anfoundations of political society the mass of the best process that could be devised for the other election could have been held. This common people, you would have a population maintenance of our Government and its insti- would have been done by resolution of Conin all these States as loyal and true to the Gov. tutions and the restoration of States.
gress within eighteen months from the 4th of ernrr.ent as the people of any portion of the It was said by the gentleman from Ohio [Mr. March when the vacancy was found to exist. East or West. GARFIELD] that there is no tribunal which can
The Constitution is equal to every emergency, I know that the people of the South are jadge of the proper or improper enforcement and what there is deiective, if anything, the filled at present with prejudice against the of this provision. That is an error. In regard
wisdom of the people wili supply. If then, as civilization, the institutions, and the people of to the election of members of Congress here Il lately, a portion of the States had determined
Men in every
to break up the Government, they would then Congress is the only organized power that can is due. They may exhibit their fantastic tricks have appealed to arms, and been beaten, in make it; and we should be craven in spirit if and play their political gaines for a little while, the providence of God, as now.
we shrunk from the responsibility. It is claimed but their days are numbered, and the faithful crisis of our history have predicted the failure that this presents questions entirely new in chronicler of these sad events should consign of our Government, but it has stood every American politics. I do not think so. If we them to the grave of oblivion, storm thus far, and will last, I trust, till time but follow the wise examples left us by our is no more. There is less chance of difficulty
“Unwept, unhonored, and unsang." fathers we shall find in the footprints of the from this cause than ever before.
past a precedent for our action that will pro- Peace, we are told, reigns throughout our It is said again, on the other hand, that there duce wise and salutary results.
borders. I wish I could believe that. But has been no successful example of this plan of I listened with pleasure to my honorable col- | admitting its truth, are we not bound by every organization of Government. Mr. Speaker, league as he described the terrific struggle
consideration to secure to the people, as well America presents new illustrations of history through which the nation had passed; a strug
South as North, such safe grounds as will forand of government. But we are not left en- | gle caused by these same rebels for whom he ever prevent its being broken? But what tirely without light. It will be so to the end. now pours out his sympathy; and I was really securities shall we demand; and in what manShe is the pioneer of Christian nations. If we sorry that he stood so badly on the record ner shall they be obtained ? By following the were without a guide, it would not be unwise during the time of that unnatural and wicked precedents of our past history will we find the for us to say that the powers of the Govern- conflict. I was sorry that he and I did not path of safety. ment should be intrusted to its friends and not stand side by side in resisting the attempts of Two instances of treasonable plots and conto its enemies. In a dark night, on a stormy these rebels on the nation's life, as we stood spiracies stain our former history. The one, sea, the humblest man on ship-board would in former days when the Whig party was on an armed conspiracy to resist the execution of know enough to advise that the helm should be earth, resisting the encroachments and demands the laws, was organized in the State of Pennput in the hands of a man who wanted to save of this same party. But, alas! how fickle is sylvania, known as the whisky insurrection. the ship, and not in his whose purpose was to poor human nature at best. With what pleas- || That, like the late rebellion, (though small in destroy it. We are not left without guidance. ure would I recur to the Journals of the Thirty. || comparison,) organized its misguided followSwitzerland, the wisest Government on the face Eighth Congress if I could find the name of ers, set the law at defiance, plundered the of the earth, one that has encountered greater my colleague recorded in favor of any of the public mails, and murdered the officers of the difficulties with a higher degree of success than measures necessary to levy men, raise money, The Government suppressed it by the any other, has given us a lesson which we ought provide means, or even to punish a guerrilla | power of arms, seized the insurgents, instinot to disregard.
for shooting down a soldier or a citizen. But tuted prosecutions against them; but the leader In 1848 she susfered from rebellion not dis- with what sadness must I turn over that silent and great instigator in this outrage upon the similar to ours. She met it as we did. The scroll to find the name of my honorable col. laws escaped the country and took shelter in insurgents were conquered. The revolt was league, upon every measure necessary to sus- foreign lands, thus evading justice and saving suppressed. She organized governments in tain the Government and resist the rebellion, his life. His deluded followers were saved by the cantons, as Mr. Lincoln undertook to or- just where I should have found the name of executive clemency. Had Bradford, the inganize governments here. The friends of her Jefferson Davis, General Lee, Jacob Thomp- || stigator, been arrested he would certainly havo Government, soldiers and civilians, marched son, or any other of the rebel leaders, had they | suffered the fate of a traitor. So cautious was into the insurgent cantons, outlawed those en- been placed as members upon the rolls of this the Pennsylvania Assembly at its next meetgaged in the rebellion, and they organized gov- House.
ing that it carefully scrutinized the claims of ernments on such principles as were consistent Mr. FINCK. I dislike to interrupt my col- all members returned from the insurrectionary with the safety of the governments. They pro- league; but I desire to state what he ought to district, with a view of cleansing itself from all ceeded from canton to canton until all were know very well, that during the Thirty-Eighth | stains of treason by excluding all participators restored. Power was maintained in the hands Congress I voted for every bill making appro
in the insurrection. Not even the talented and of its friends. The disloyal inhabitants of the priations to pay our men in the field.
distinguished Gallatin could obtain a seat until disloyal cantons were deprived of the rights Mr. ECKLEY. I desire my colleague to he disproved the charge of his having been they had forfeited by crime. As the result of state whether he voted for the proposition to identified with this hostility to the execution that policy, Switzerland to-day is as sound and punish guerrillas.
of the laws. safe a Government as there is on the continent Mr. FINCK. I will explain that.
The second occurred some years afterward, of Europe. In a little time she readmitted her Mr. ECKLEY. I trust the gentleman will and was claimed to have covered a wider field. recusant sons to their former privileges, and not take too much of my time. I would like A prominent Democrat of the State of New they now, through her liberality, enjoy, with- him to answer “yes” or
York, who had been elevated to the second out endangering her institutions, the same Mr. FINCK. I will state the facts. There oflice in the gift of the people, was charged rights which they enjoyed before the war. was upon the statute-book a law to punish | with having set on foot an armed expedition What wiser course could they have followed ? | guerrillas. The bill to which my friend refers for the purpose of dismembering the Union. What better example for us? If we need coun- | was to amend that law and to take away from Burr crossed the mountains to the Ohio river, sel, to what people can we turn with greater the President the power to revise the findings || fitted out his flotilla of boats, and floated down profit than to heroic Switzerland, that for cen- of the military courts. I voted against that the Mississippi. The key-note of alarm was turies has nurtured republican principles in bill; but I was in favor of punishing guerrillas. || sounded, the President issued his proclamatheir purity and in triumph against the des- Mr. ECKLEY. That is sufficient. The gen- tion, the officers of justice were quick upon his potisms of Europe? tleman voted against the bill.
track; he was arrested, indicted, and tried. [Here the hammer fell.]
Sir, we must all bow to the decrees of fate, The trial, the most important of any in this Mr. ECKLEY. Mr. Speaker, any question and I must grieve the loss of an early political country, was conducted on both sides with affecting the fundamental law of the land de- associate; but with what indignation must I almost superhuman ability. Nothing on either mands careful and mature deliberation ; and it regard that party by whose winning smiles and side was left undone. It is the only case in the is only when the necessity is great that such lascivious caresses he has been seduced from history of the Government in which the Presichanges can be justified. That necessity is the paths of virtue. What cup contains bitter- dent left his seat to personally superintend the upon us, and we cannot, in view of the past ness enough to pour upon their heads? Whạt trial. For want of evidence, under the ruling and our duty to the present and the future, judgment is severe enough to be pronounced of that profound jurist and pure patriot, Chief postpone it.
against them? Why, sir, in my State they would Justice Marshall, Burr was acquitted, and with My colleague [Mr. Finck] has signaled the be prosecuted, under an act entitled "An act his acquittal fell all the indictments against alarm at the proposition. Those of us who for the support and maintenance of illegitimate those charged as accessory only in his guilt. were members of the last Congress heard.the children."
No one ever doubted that if Burr had been same cry while the amendment was under con- I
my honorable colleague, that we | legally convicted he would have made atonesideration abolishing slavery, but we heeded have passed through a fearful ordeal; that we ment to an outraged country with his life. it.not. The amendment was adopted and rat- have made untold sacrifices, and that our flag What Burr's real design was remains a mysified, and every person now rejoices, except a in triumph floats over every inch of territory. tery; and many innocent persons were doubtsmall faction known as copperheads, and they | I join with him in complimenting the gallant || less implicated with him; some, perhaps, not lament it only because of the loss of political men by whose valor the nation was saved, and so innocent. His expedition was fitted out, in capital.
to whom we are indebted for victory and the part, in my own State; and among those inThe old ship has outrode worse storms than peace we enjoy. To the God of battles and the duced to join him was John Smith, then a he and his colleagues can invoke from the God of peace do we make our acknowledg- Senator in Congress from the State of Ohio. people of the South, and she will outride ments and return our thanks. To our gallant | Smith was never tried by a civil tribunal, but, this; and we shall, I hope, all live to see the Army in the field, to the Union party that sus- for his participation in the so-called conspiracy, day when this proposition shall become a part tained it there, will the present and future gen- was expelled from the Senate. of the Constitution, with the same acquies- erations accord as the human agencies that From these two incidents in history I deduce cence of its predecessor, that, like this one, saved the country from destruction against the two things: first, the determination on the part was born amid the storms of southern rebels
combined attack of organized, armed rebels of the Government to vindicate its authority and northern copperheads.
and organized, unarmed copperheads, each in and dignity by inflicting punishment upon such The revolution in our affairs, caused by the their place in the rôle performing their part in as have violated the law; and second, to expel gigantic struggle through which we have passed, the plan for the nation's overthrow. But to my from its councils such as have participated in renders such a change absolutely necessary. colleague and the copperhead party no credit treasonable designs. From these we learn the
duty of the Government generally and of Con- accepted the situation, so does the culprit. has taught us to beware of dangers from Clerks gress in particular; for these things have passed | They say they laid down their arms. But their of their own selection. I heard of a Clerk once into history, and are not influenced by the opin. arms were forced from them. They say they who decided that a certificate, setting forth that ions or prejudices of the present day; and it disbanded their armies, but their armies were a person was duly elected a Representative, did receives great force from the fact that both the captured or scattered by the Union forces. not prove that he was elected according to law. justice and propriety have been approved by Then what have they done to prove their sub- As an apology for his fine-spun theory it was the American people for three quarters of a
mission to the law? They have neglected to said he had partially lost his reason; but I century. Placing ourselves upon these prece- pay their portion of taxes; they have expelled | think he had suffered, if possible, a worse cadents, and relying upon the justice and wisdom | loyal citizens from the South; they have treated || lamity than that. He had united his fortunes of the past, we are not endangered by unex- with brutality the freedmen, and enacted laws with the disunionists, enough certainly to drive plored paths or the experiments of new advent- disgraceful to a Christian age or a Christian any man mad. When the Clerk makes up his Guarded by the wisdom and example people. Those who engaged in the rebellion | roll
, calls the members, they take the oath, of many Administrations, we but mete out to are as disloyal to-day as they were at any time how are you to get them out of their seats but those of the present day the well-established || during the war. Will any one pretend that by expulsion, which requires a two-thirds vote. law that in former times was administered to | they have changed? Will any one with truth- Let us look at this matter in its practical others for similar offenses, but of lesser mag. fulness assert that they have any love for the operation. Suppose we admit the Representnitude.
Government of the United States, and would atives from the rebel States, and the bloody How to secure the fruits of that victory and they not at any time rebel if there was a pros- General Forrest should be returned a member, obtain a permanent peace is the question for pect of success?
who produced his certificate of election, was solution. To admit such members of Con- In my judgment three things are necessary | placed on the roll,answered to the call, and took gress as they would elect from the States lately to be done before we can with safety restore the oath ; could you expel him on account of in rebellion would secure neither, but lose us them to their former relations with the Gov | his treason? Certainly not; unless you could both, and we should permit them to gain every- ernment:
expel all the rest from the insurgent States, and thing, through congressional action, that they 1. Equal and just representation.
that you could not do. And it would be the sought to accomplish by arms.
2. Security of life, liberty, and property to merest folly to attempt it. It would then become It is claimed that we have no right to ex- all the citizens of all the States.
a political question. The Democratic party clude their Representatives. I think we have. 3. To reject all debts or obligations incurred would then all be here—the open rebels of the We do not want another war, and we would in aid of the rebellion.
South, the three hundred thousand Knights of be faithless if we did not secure such guaran- The ratification of the constitutional amend- the Golden Circle, the sympathizers of the tees as would last through all time. If they | ment changed the condition of representation North; the prisons would be emptied, the galhave given up the idea of rebellion, they can and rendered an amendment to the Constitu- lows cheated, the Canadian refugees would be assure us such guarantees as will secure them tion necessary in order to equalize the just called home, and if that was not enough, they in their right of representation and the coun- basis of representation. Under the Constitution would resurrect the conspirators and call from try in harmony forever. We should exact as it now stands they would count the entire the tomb of infamy the murderers of the Andernothing of them unjust or inconsistent with population in the southern States. . Before the sonville prisoners. Then they would have a reason, but we should insist upon that well- Constitution was amended, they counted the Democratic party strong enough in this Hall to recognized principle that maintains in every entire free population and three fifths of the prevent the expulsion of one of their number. civilized country, that the highwayman, bur- | slaves; but there being now no slaves they As to the provision disfranchising those who glar, and pirate are not fit to sit as adminis- would count all. In none of those States do have participated in the rebellion, it is objected trators of the law.
they confer the right of suffrage on the colored to, first, for want of power, and second, on the Those who engaged in the rebellion and strove population. This presents the anomaly of al- | ground of expediency. Neither, in my judgto overthrow the Government, of their own lowing five million white rebels to representment, are sound. As to the first, I have no volition withdrew their allegiance, are not fit, four million loyal blacks, and makes two white doubt of the power under the Constitution as without bringing fruits meet for repentance, persons-rebels at that-in South Carolina | it is. Such is and has been its interpretation to administer its affairs. The foreigner who | equal to five white loyalists in Ohio, Pennsyl- from the foundation of the Government. Uncomes to our shores because he loves our in- vania, or New York. To this unjust demand der a congressional act persons convicted of stitutions and admires our form of Govern- | I cannot and will not yield. Ifall other objec- a crime against the laws of the United States, ment, who never, by word or act, evinced hos- tions were removed, that one would be a jus- the penalty for which is imprisonment in the tility to it, is put upon five years' probation || tification for rejecting their Representatives. penitentiary, are now and always have been before we admit him to citizenship. The rea- I could not return to my own gallant State disfranchised, and a pardon did not restore sons that exclude him from citizenship are and say to her loyal people and to the three them unless the warrant of pardon so provided. strengthened in excluding open and avowed hundred thousand gallant sons she sent to the The second is equally unsound. It was fortraitors. Decency would demand from them field that by my vote I had reduced their polit- | merly doubted whether it was expedient to at least modesty. They have committed a ical power until it required five of these scarred restore the elective franchise to those who had crime that in any other country they could veterans to equal two of the rebels against been convicted of a crime. The objection rests expiate only with their lives; they ought now whom they fought.
upon the ground that the number to be disto rejoice that by five years of fasting and If South Carolina persists in withholding the franchised are so numerous. This is greatly prayer they could regain the rights of citizen- ballot from the colored man, then let her take exaggerated if we take as true what is said ship. From the instances I have given no one the alternative we offer, of confining her to the by southern men, for it is seldom you can find who had done an act hostile to the Govern- white basis of representation, and instead of one who has not been opposed to secession and ment ever after participated in its affairs, and the seven hundred thousand, her entire popu- l in favor of the Union all the time. Whether no one who was suspected was permitted to lation, let her accept the two hundred and ninety | this be true or not it should be no argument hold any position under it until they had cleared thousand white population as the basis of her | against it. The reason for it proceeded upon themselves of all imputations, and proved their representation. For my purpose this sufficiently || the ground of self-preservation, by protecting allegiance by a renewal of the covenant of illustrates the operation of the rule, and the the elective franchise and keeping it pure. their faith. Even Burr, one of the most am- only practicable remedy is in an amendment to Others may desire to make up a party, or to bitious of his day, lived and died in obscurity, the Constitution changing the basis to the vot- strengthen one already made, by incorporating declining all marks of distinction, and avoid | ing population, and making that a condition- in it the worst kind of criminals; but it will ing all political notoriety. And the instiga- || precedent to the admission of Representatives || destroy the object and purpose of the princitor of the whisky insurrection chose to be an from the insurgent States. But it is said we ple referred to. I have no desire, and should exile in the land of strangers, and never sought || should admit their Representatives, and if they take no pride in any such political association. position under a Government against which are not loyal, turn them out. I hope we shall And the country certainly derives no security he had made war. But that kind of delicacy not be deceived by such a trick as that. Some from such political organizations. But suppose is not a characteristic of the rebels of this day. of us have had experience in expelling a mem- the mass of the people of a State are pirates, Their acts of treason, of cruelty, and barbarity | ber. If Georgia was to send her Toombs here counterfeiters, or other criminals, would genare urged as qualifications for political posi- as a Representative, or Kentucky her Breck- tlemen be willing to repeal the laws now in tions. Already the most prominent places in | inridge, both gory with the blood of our mur- force in order to give them an opportunity to the rebel States are filled with the most viru- dered soldiers, both ardent supporters of the land their piratical crafts and come on shore lent traitors. And scarcely had the smoke of rebellion in every stage, supporting in every
to assist in the election of a President or membattle cleared away, and the shout of victory way, and when conquered, and its failure no bers of Congress because they are numerous? died out on the air, before the vice president | longer a question, they would not risk their And let it be borne in mind that these latter of the confederacy is demanding a seat in the safety in this country, but sought refuge in offenses are only crimes committed against United States Senate. Such impudence is Europe, not one vote on the other side could property; that of treason is against the nation, without a parallel among men, and can only be had for their expulsion.
against the whole people—the highest known find a precedent in the temptations of the devil But how are members admitted here? By to the law. to the Son of Man.
producing a certificate of election to the Clerk, The only objection I have to the proposition That the rebels are conquered, is an admit- who makes up the roll, calls it himself, and is that it does not go far enough. I would disted fact. That they have any loyalty, any love, prepares them for qualifying. Much, then, | franchise them forever. They have no right, for the peace of the country and permanency depends upon the Clerk in the organization of founded in justice, to participate in the adminof the Government, is not manifested by any- the House. He could exclude them if he istration of the Government or exercise politthing they have done. It is true they say they | desired so to do. The experience of Congress | ical power. If they receive protection in their persons and property, are permitted to share tion. This enactment most unfortunately did and logic of the swist-passing events of the in the nation's bounties, and live in security not receive the signature of the President, last five years and their inevitable sequences, under the broad aegis of the nation's flag, it is although he approved of all its provisions in and will find all his high-sounding rhetoric far more than the nation owes them.
the proclaination which he issued soon after return to him empty, like echo from adamanLooking at the desolated fields of the South, its passage. The same thing has been assumed tine cliff in a desolate forest. the beggarly condition of the people, the army and acted upon by Congress and by each House I do not propose to discuss the question here of maimed and helpless rebels, and the demor- in numerous other enactments and resolutions whether the power to prescribe such regulaalized state of society, they must be the most since that time, many of which received the tions and conditions is in the Executive or in stupid people in the world or they would ask sanction of the late President Lincoln.
the Congress. I believe it is in Congress. to have them distranchised themselves, and The present incumbent of the presidential | The people believe it is in Congress, and the every loyal southern man does that. Nay, they chair, while he remained the Andrew Johnson great masses of the loyal people both North should place them under such disabilities that of Tennessee for whom the great loyal masses
and South are looking to Congress to-day for they never could exercise political power again. of the nation gave their suffrages for Vice Pres- protection and security; and for one, I intend The whole North is full of loyal refugees who | ident of the nation in 1864, both before and to do my duty toward them in that respect to do not dare return to their former homes. If since his elevation to that position, ay, and the best of my ability. they happen to have property there it is de- since by the hand of treason he became ele. The only question really open for discussion stroyed by those persons you propose to con- vated to be the chief Executive of the nation, || is, what regulations and conditions are necestinue in power. Reject the amendment dis- has declared that all government in those sary; and what shall be imposed to insure the franchising rebels and you must widen the States and in each of them had ceased to exist; future domestic tranquillity of the people and asylum in the North for those southern people and not only that, but that the right to regulate | the security and perpetuity of our national who have sympathy with the Government. Let suffrage and to impose conditions in the efforts existence? us have the courage to follow the example of of those who had been in rebellion to recon- The amendments and bills reported by the the loyal people of Tennessee and Missouri, struct State governments existed in the national committee on reconstruction fall far short of and exclude them from the ballot-box. Ask Government. I will only quote a single but the expectations of the people, and I may say the gallant men of Tennessee what security they oft-repeated declaration of President Johnson are short of what I may have desired. The fact would have if the provision disfranchising rebels upon this point. In each of his famous proc. is the people are always ahead of their legislawas repealed. They would tell you they would lamations appointing provisional governors for
tors in all matters of reform. But so far as be overrun by rebels, and that the forty thou- | the several States in rebellion, occurs this the report goes it is in the right direction, and sand gallant men who battled for the Union remarkable passage:
I will not reject it for the sole reason that it would be prostrated at the mercy of these dis- “Whereas the rebellion which has been waged by does not go far enough. The constitutional armed traitors.
a portion of the people of tho United States against amendment proposed by the committee, with Let us now turn to the North and ask the
the properly constituted authorities of the Govern-
a single objection, meets my hearty approval. million of gallant men who for four years stood but whose organized and armed forces have now been That objection is to the third section, and it is like the mailed hosts of old between the nation almost entirely overcome, has in its revolutionary not that it does not go far enough, nor that it and its destruction, and vanquished and drove
process deprived the people of the State of (North
goes too far, but that it comes too late. I back these hirelings of crime, and they will
The President in each of those proclamations
would disfranchise every voluntary rebel in the answer you, no rewards for treason. Ask the also assumed to regulate suffrage and eligibility
land, and place him where the late Andrew maimed and disabled soldier, and he will tell
Johnson of Tennessee, at a time when the to office, as follows: you that he did not think he was giving his leg or his arm to a Government whose represent
"Provided, That at any election that may be here
patriotic predominated over the sinister eleafter helg for choosing delegates to any State con
ments of his nature, said he should be placed, atives would vote away his political rights. Ask vention, as aforesaid, no person shall be qualified as " on the back seats in the great work of rethe widow, and in tears she will turn to her an elector, or shall be eligible as a member of such
storing the body-politic to health and vigor. children and tell you that she was widowed, convention, unless he shall previously have taken
But that same Andrew Johnson, acting as and subscribed the oath of amnesty as set forth in the they were orphaned, they inherited poverty, President's proclamation of May 29, 1863, and is a President of the United States, and under she struggled in want, but she did not suppose voter qualified as preseribed by the constitution and authority, too, of an act of Congress has, in my that all this was to confer the power of the
laws of the State of North Carolina, &0.,] in force
opinion, placed it beyond our power to do this Governinent upon the murderer of husband otherwise as the case was,) the date of the so-called
without a violation of the faith of the Governand father. Ask the whole loyal people of the ordinance of secession."
ment in the eyes of the whole world. North, and you will receive for answer that you These declarations and acts of the present What is the case presented? Section three endanger the peace of the country by trusting Executive were made and done, too, after active reads as follows: the ballot in the hands of the traitor. hostilities had ceased, and the armed force of
Until the 4th day of July, 1870, all persons who Mr. Speaker, I have not time to trace this the rebellion had surrendered to or been broken voluntarily adhered to the late insurrection, giving subject further. I hope the report of the com- and dispersed by the superior force of the na- it aid and comfort, shall be excluded from the right miliee will be adopted; and in conclusion let tional Government, events upon the happening
to vote for members of Congress and for electors of
President and Vice President of the United States. me say to the one hundred and forty thousand of which it is contended by the advocates of people I have the honor to represent, that if State rights here and elsewhere the States in “All persons who voluntarily adhered,'' &c. they desire to have the rebels admitted into rebellion at once resumed all their rights as
Let us see what persons are included in this this House and the ballot placed in the hand of States of the Union, including, of course, the expression. It would seem that the word the traitor, they must select some other agent right of representation in Congress and the
"all" is sufficiently comprehensive and can than me, for, so help me God, I will never vote right to regulate suffrage and office in their own
admit of no exceptions ; but let us see if its to admit unconditionally a rebel Representa- way:
use here is not delusive under the circumtive to a seat in this Hall or to place the ballot Without stopping, then, to discuss these ques- stances now surrounding the question. By uurestricted in the hands of the traitor. In that tions upon principle, I assume, as proven by | authority of law, full pardon and amnesty have way I shall contribute in rendering treason authority of all the coördinate branches of the
been grantedodious." national Government, the following proposi
1. To all rebels below a certain rank who Mr. LONGYEAR. Mr. Speaker, the ques- tions:
should take a certain oath, &c. tions before the House are not so much whether 1. That as a result of the rebellion, all civil 2. To all below the rank of colonel who were the rebellious States are in or out of the Union; government was destroyed in those States which worth less than $20,000 at the commencement or whether the Government has or has not the were engaged in it.
of the rebellion. This included, of course, right to impose conditions upon their return to 2. That the people of those States can erect the great mass of the southern people. working relations with it. Those questions have new State governments only by virtue of the 3. Nearly all of the classes above excepted
already been settled by the uniform action and authority and consent of the national Govern. have since received special pardons, and what declarations of the executive, legislative, and ment, and upon such terms and conditions as remain are being pardoned now day by day, judicial branches of the Governinent. the latter may prescribe.
and before the proposed amendment can beThe Supreme Court, as long ago as 1862, 3. And in this connection the national Gov. come part and parcel of the Constitution there declared, in the decision of the prize cases, ernment may regulate suffrage and eligibility will probably not be left a single unpardoned (2 Black's Reports, 636, 667,) that “ the pres- to oflice, and make and establish such other | rebel in the whole land, from the highest to the ent civil war between the United States and the regulations as may be necessary for its future lowest. so-called confederate States has such character security and perpetuity.
In the light of the events of the past five and magnitude as to give the United States the 4. And it makes no difference in this respect | years, and of the fiendish barbarism practiced same rights and powers which they might exer- whether such regulations are established by by these rebels during hostilities, and of the cise in the case of a national or foreign war;'' statute or by constitutional amendment. The devilish hate still rankling in the bosoms of and, quoting Vattel for authority, the court || loyal people who, by their Representatives and the great mass of them toward the Union and further declared that " a civil war breaks the Senators constituting the Congress for the time toward loyal men, these are humiliating facts ; bands of society and Government, or at least | being, have the power to propose constitutional | but still they are facts, and we must face them suspends their force and effect.”'
amendments and enact laws for the common and not stultify ourselves in the eyes of the The Thirty-Eighth Congress, at its first ses- welfare, have equal power through their Legis- world by ignoring them. sion, and while the war was still flagrant, by || latures or conventions to ratify and make effect- Amnesty and pardon, although not strictly solemn enactment declared the State govern- ual such constitutional amendments.
synonymous terms, have been used as such in ments in those States subverted and overthrown, He who attempts to argue against these prop- this connection. Amnesty has the effect to and imposed conditions upon their reconstruc. ositions does so against the uniform current efface the crime and cause it to be forgotten."
This is the language of the authorities, and this Sir, I feel compelled to say that I do not think lion, and I have no doubt it falls short of the the effect that has always been given to it by the report of the committee quite meets their just public expectation. But inconsiderable as it all civilized nations. It not only exempts the expectations. Nevertheless, so various are the is, it would at least prevent the intrusion of party from punishment, but remits him to all views of gentlemen of the House, as well as the arch traitor Jefferson Davis into the Seahis former rights, natural, civil, and political, of the individual members of the committee, ate of the United States, and would exclude with simply two exceptions: first, where rights | perhaps it is as nearly satisfactory as any sys- permanently from this Hall the rebels who left of third persons have intervened; and second, tem that could have been agreed on with any it in 1861 for the field of blood. Nor could where the disability has been created by statute, well-founded hope of adoption. I am inclined, such a measure be deemed objectionable by any and existed at the time of pardon. I con- therefore, to support the joint resolution, though || candid mind, whether it be regarded as a quescede that if the disability now proposed to be I hope it may be amended. I have serious | tion of security for the future or as a punishcreated had existed by the Constitution or by objections to the third section, and I shall ment for past offenses. What other nation statute at the time of amnesty granted, it would experience regret if, through the inflexibility on the face of the earth would be so merciful, remain until removed by the same formalities; of parliamentary rules, I am compelled to vote so forgiving? These men, by their flagitious but who ever heard of any civilized nation | upon the original resolution without an attempt || crimes, have created a mortgage of billions affixing to an offense a punishment or even a to amend it. It seems to me that the third section upon the property of posterity that is to be. disability after the crime itself had been effaced, will be found useless in its results and impracti- || They have murdered hundreds of thousands of wiped out, obliterated by an amnesty or a cable in its operation, while it is calculated to their fellow-men, and endangered our national pardon?
foster irritation and bad blood among the people | existence. They have forfeited citizenship, The eminent gentleman from Pennsylvania, of the South. It makes a show on the face ofit of property, life, which justice refuses to restore. the chairman of the committee on the part of accomplishing what it is impotent to perform; But we forget justice, and remember only the House, who reported this amendment, tak- that is to say, it assumes until the 4th day of mercy. We give them back life, property, citing the same view of the law of the case as I || July, 1870, to "exclude all persons who vol- || izenship. And is not this enough? Shall we do, tells us in effect that the disability is not untarily adhered to the late insurrection, giving restore them to power, and make them our, intended to apply to such as have received par- it aid and comfort,'' from the right to vote for rulers ? Such a determination should be predon and amnesty. He tells us that if the electors for President and Vice President of the ceded by another amendment to the Constituamendment is adopted and becomes part of United States,'' yet we very well know that tion. The word treason should be expunged the Constitution, and one of the amnestied such a provision would be entirely inoperative, | from our organic law. rebels comes to the polls and offers his vote because electors for President and Vice Presi- Mr. Speaker, I have little more to say. My for member of Congress, &c., and shows his dent can be appointed by the Legislatures ac- views in regard to the great subject of reconpardon, then he has not adhered, &c., and is cording to a practice that has always obtained struction have been expressed in this Chamber not included in the expression, "all persons in South Carolina. The provision does not more than once, and I do not wish to repeat who have adhered," &c. This is no doubt extend to the election of Senators, and conse- them. But I desire to say that in my judgcorrect; but let me tell the gentleman that in quently it can operate only to atlect the election ment the remainder of the joint resolution has this view of the case the amendment is mean- of members of this House, and that only for a great merit and ought to be adopted. I did ingless, yes, worse than meaningless, it is cause period of four years.
look for more thorough and reliable protection of discord among the friends of the balance of The State governments, the inspectors of for the loyal men in the rebel States than we the amendment, where the utmost harmony election, the rejection or reception and çan- are likely to secure. I did hope to see the should be cultivated. If adopted, it would not vassing of votes, the returns and certificates, rights of the freedmen completely established. stand in the way of a single rebel ballot. Long in short the whole machinery of the elections I did believe that we should not ignore the before it can be adopted, every one of the few will be in the hands and under the control of the services of the brave colored men who herounpardoned rebels now remaining will have very men whom you propose to disfranchise, ically bled in the defense of their country-a received the extreme unction of pardon by his and the difficulties that will arise in an attempt | country from which thus far they have received Excellency the President of the United States, to execute the law are too obvious to require || injuries rather than blessings—and I did hope and will have become a voter by the side of the particular specification. This section looks as that a just, if not a grateful country, would most loyal, notwithstanding the prohibition. though it was intended for ornament rather insist that the preservers of liberty should enjoy It would be a dead letter.
than for use. Perhaps I should say it has the some share of its fruits; that we should have The provision would also be so easily evaded appearance of having been introduced to mul- the manhood and magnanimity to declare that by appointing electors of President and Vice || tiply the conditions of restoration, thereby men who have wielded the sword in defense President through their Legislatures, as South rendering the scheme somewhat more impos- of their country are fit to be intrusted with the Carolina has always done.
ing. It was doubtless the offspring of com- ballot. But I am convinced that my expectaLet us then reject this dead weight, and not promise, the result of a contest of adverse || tions, hitherto fondly cherished, are doomed to load down good provisions, absolutely essen; opinions, in which each one of the progenitors some disappointment. tial provisions, by this, which, however good gave up so much of his paternity that the bant- Yet I take this occasion to place on record in and of itself, cannot be enforced.
ling is a mere shadow. It is, however, a shade the assertion, that if this generation shall fail I regard this provision, if adopted, both too thin to blind the eye, and it might as well fully to perform the duty that Providence seems worthless and harmless, and therefore I shall be removed altogether. The people are not to have imposed upon it, the blame will not rest vote for the proposed amendment as a whole, likely to be blinded by so thin a veil
, and it is wholly upon the Thirty-Ninth Congress. Every whether this be rejected or retained. I am folly to undertake to deceive ourselves. The measure adopted for the security of the people heartily in favor of the whole amendment, ex- people do not stand on punctilio. They want against rebels must be carried by a two-thirds cept this section three, and should be in favor no expedient adopted in order to gratify their vote of each House. Against an antagonistic of that if I thought it could be given any effect; || vanity, or to save a point of honor. They Executive a majority of Congress alone cannot and I have said this much because of my anx- desire the adoption of no measure whose sole | adopt legislation needsul to the condition of iety that the main provisions of the amend; object is to assert their power over the rebels; the country. ment should prevail, and not be jeopardized that has already been established in the clash But I will not on this account abandon all. by the retention of a worthless provision. of arms. They want protection and security | I will accept of the best arrangement available.
Rebels must be taken care of here in the for the future, and to that end they believe it I will vote for the substitute I propose, if I have Halls of Congress; and so long as the loyal | indispensable that the Government shouid be an opportunity. I will vote simply to strike people of the country 'remain true to them. administered by loyal hands.
out the third section, if I can do no more; and selves and the Government, traitors will be I do not know as there will be an opportu- || failing in that, I will vote for the joint resolution taken care of here. The sword of justice will nity to offer amendments to this joint resolu
as it stands. continue to hang over the portals of these tion ; but if permitted, I shall move to strike Mr. ROGERS. Mr. Speaker, I have listened to Halls, and no traitor will be allowed to pass out the third section and insert in lieu thereof the arguments made by the honorable gentlemen their thresholds.
a section which I have taken in substance from upon the other side; and out of five or six to Mr. BEAMAN. Mr. Speaker, to say that I the bill introduced from the committee by the whom I have attentively listened, only one has am not entirely satisfied with the plan for the gentleman from Pennsylvania. The provision | treated the minority on this side of the House, reconstruction of the rebel States reported by which I would have inserted is, as follows: with common courtesy or common respect. Iam the committee is probably to utter the senti
SEC. 3, No person shall hereafter be eligible to any sorry that a grave and important question like ment of nearly every member of the House, oflice under the Government of the United States who this cannot be discussed by the representatives including the members of that committee. It is included in any of the following classes namely:
of the people of this country without indulging is most likely, also, that the expectation of the
1. The president and vice president of the confederate States of America so called, and the heads of
in vile vituperation of those who happen to discountry will be somewhat disappointed. Mind- departments thereof.
agree with the majority. Sir, I honor the disful of the terrible struggle through which we have
2. Those who in other countries acted as agents of the confederate States of America so called.
tinguished gentleman from Massachusetts [Mr. just passed, with allits sad incidents, the people 3. Heads of Departments of the United States, offi
BANKS] for the manner in which he has always are naturally earnest, anxious, and watchful. cers of the Army and Navy of the United States, and treated us on this side, and for the ability with Impressed with the former teaching of your all persons educated at the Military or Naval Acad
which he has discussed the questions which emy of the United States, judges of the courts of the Chief Jiagistrate, they have come to believe that United States, and members of either House of the
have come before this House for consideration. treason is crime, and ought to be punished; Thirty-Sixth Congress of the United States who gave Sir, I think it is belittling the character of this and that in any plan adopted for admitting the aid and comfort to the late rebellion.
House for a gentleman of such high standing neople of the rebel States to a participation in The disability proposed by this amendment and of so much intellect as the honorable genthe government of the country, ample safe- is quite inconsiderable, if we have regard to the tleman from the Lancaster district of Pennsylguards will be provided for future security. magnitude and consequences of the late rebel- vania [Mr. STEVENS] to commence his argu