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read a third time. The bill was read the third cept that I stated verbally that those who signed the Mr. SUMNER. Certainly.
call of the meeting were members of that body. time, and passed; and its title was amended
Mr. GRIMES. Will the Senator be kind It is true that the subject of quarantine and cholera by adding * and for other purposes. was brought before the conrention, and a plan of
enough to look at the second clause of the PENSION BUSINESS.
quarantine" submitted by Dr. Marsden, of Quebec, amended proposition, where it says:
ter was postponed till near the close of the session,
when it was laid on the table by a vote of 68 to 60, That is the Secretary of Warlowing order may be entered: only a little more than one third of the members be
shall also enforce the establishment of sanitary Ordered, That Friday next, after the expiration of ing present. The question was not decided on the issue
cordons to prevent the spread of said disease from the morning hour, be set apart for the consideration of contagion or non-contagion, portability or non
infected districts adjacent to or within the limits of of bills and reports from the Committee on Pensions. portability, quarantine or no quarantine, but on the
the United States ? There is, perhaps, enough business of this
expediency of petitioning Congress on the subject. A
very general feeling prevailed in the convention that kind to occupy an hour or two. It is important
Not confining it to the lines between the the mcdical profession ought not to proffer their adthat we should dispose of it, and I propose to vice, and thrust their opinions upon the Government,
States, but giving him authority to establish take next Friday for that purpose.
but wait until their opinions were asked. With this cordons within the jurisdiction of a State. I
conviction many who believed in the infectious and The order was agreed to.
should like to know where the Constitution
authorizes such a thing as that.
Mr. SUMNER. I am obliged to my friend Mr. ANTHONY. I move that the Senate
even for interrupting me to call attention to not satisfied with this disposal of the inatter signed proceed to the consideration of Senate bill
that section, though he will pardon me if I do the call for the aforesaid meeting, who adopted the No. 127.
memorial" which has been presented to the Senate. not answer him at this moment, but do so when The motion was agreed to; and the bill (S.
CHARLES A. LEE, M.D., I come to that part of the resolution.
Hon. Mr. CHANDLER. Chairman of Commitlee. No. 127) for the relief of Jonathan W. Gordon,
Mr. GRIMES. Any time will do, so that late major in the eleventh regiment of infantry,
Mr. SUMNER. When the Senator from
we get it. was read the second time, and considered as in
Vermont [Mr. EDMUNDS] rose yesterday, it Mr. SUMNER. You will have it all. I am Committee of the Whole. It proposes to direct
may be remembered that I at the same time dwelling now on the question of the power the Secretary of the Treasury, in settling the
tried to catch the eye of the Chair. I had derived from the positive text of the Constituaccounts of J. W. Gordon, late major in the
intended to say something very much in the tion to regulate commerce with foreign nations. eleventh regiment of infantry, to allow him a
sense in which he spoke. I should not have I say that in the execution of that power we credit of $600 on account of bounties paid en
said it so well, and I was not prepared with have undertaken to apply all manner of restric. listed men in accordance with the provisions the authority which he had in his hand, though tions and regulations to the transportation of of the act of July, 1862, but before that act went I had intended to allude to it.
passengers. We have gone so far as to provide into effect.
I should not say anything now but for the for the quantity of water that shall be on board The bill was reported to the Senate without remarks of my friend from New York (Mr. each ship in proportion to every passenger. amendment, ordered to be engrossed for a Harris) who seemed so much at a loss where
We have subjected every ship to regulations third reading, read the third time, and passed.
to find the power which it is now proposed to while at sea, and again to other regulations exercise. He was so much at a loss that he
after arriving in port. The exercise of the ASIATIC CHOLERA.
went beyond those bounds which he usually power has by practice been placed absolutely Mr. CHANDLER. I now move to take up | prescribes for himself in this Chamber, and beyond question. Then, as I have already said, House joint resolution No. 116, to prevent the || indulged in an unwonted levity. Not content it is intrenched in the very best judicial decisintroduction of cholera into the parts of the with showing, as he supposed, that the power || ions of our country. I submit that no person United States.
did not exist where it was said to exist, he can raise a question with regard to it. The motion was agreed to; and the Senate, | asked, with a humorous face, whether it was Mr. MORRILL. Will the Senator allow me as in Committee of the Whole, resumed the not found under the clause to guaranty a repub- to ask him a question? consideration of the joint resolution, the ques- lican form of government. I am very glad to Mr. SUMNER. Certainly. tion being on the amendment proposed yes- find that my excellent friend is disposed to Mr. MORRILL. About the question of terday by Mr. EDMUNDS to the amendment look to that clause of the Constitution. It is
regulating the importation of passengers from reported by the Committee on Commerce. a clause that has been very much neglected, foreign countries nobody raises a question or
Mr. CONNESS. I ask the consent of the but to my mind it is one of the most potent in a doubt. This is a question of quarantine, in honorable Senator from Michigan to let this the whole Constitution, full of beneficent power its character police. Is there any precedent subject lie over for a little while, that we may that it would be well if this Government now, in the history of the United States where that call up a bill concerning the Pacific coast at this crisis of its history, were disposed to power has been exercised by the general Gov. which will not occupy a very long time. exercise. In this clause are waters of healing ernment?
Mr. CHANDLER. Will it lead to debate ? for our distressed country. Follow this clause Mr. SUMNER. I am very glad the Senator Mr. CONNESS. I think not at all. This in its natural and obvious requirements, and
presses that question. I meet it. Does the subject of the cholera is a pretty dangerous you will bave security, peace, and liberty under Senator mean to suggest that the same power one, and has proven to be a tedious one in the safeguard of that Great Guarantee, the that can reach to the sea, and determine even this body, and we should like to be relieved | Equal Rights of all.
the quantity of water that shall be in the hold from it a little while this morning with the But I must remind my excellent friend that
for cach passenger cannot apply the minutest Senator's permission.
there is no occasion at this time for any resort possible regulation when that same ship at least Mr. CHANDLER. I hardly think the res- to this transcendent source of power. The arrives in the harbor ? olution will lead to any further debate. I power from which this resolution is derived is
Mr. MORRILL. Will my friend allow me desire simply to ask that the letter which I obvious. My friend interrupts me to say that to answer him right there? hold in my hand may be read.
it is the war power. I say it is obvious, and Mr. SUMNER. Certainly: Mr. CONNESS. If the Senator will not I will show him in a moment that it is not the Mr. MORRILL. I maintain that when the consent to my request, of course I shall not war power. It is a power that has been exer
passenger is landed and comes within the limits persist in it.
cised constantly, from the beginning of our and jurisdiction of the State and within its Mr. CHANDLER. I think this resolution || history, with regard to which there can be no police power, the commercial power of the will be disposed of sooner perhaps than the question ; because it is embodied in one of the
Government ceases at that point, and the treatSenator's bill can be passed. I think there clearest texts of the Constitution ; because it will be no further discussion upon it. I am
ment of the passenger thereafter is within the has been expounded by a series of decisions | police power of the State exclusively. perfectly willing to adopt the amendment of from our Supreme Court, which are among the Mr. SUMNER. I think the Senator goes the Senator from Vermont and dispose of the most authoritative in our history: It is the beyond the decision of the Supreme Court. question in that way.. I have no feeling on power to regulate commerce. My friend smiles; He overrules that decision. the subject, but I ask in justice to the physi- but he must not smile at the Constitution of Mr. MORRILL. I am precisely on a line cians and surgeons who were before the Com- his country. That reads as follows:
with the license cases, in which the principle mittee on Commerce that the letter which I "Congress shall have power to regulate commerce was applied to the importation of liquors, in hold in my hand and now send to the desk with foreigu nations and among the several States."
which the court settled that until they were may be read.
By this resolution it is proposed to regulate | landed the Government of the United States The Secretary read the following letter: commerce with foreign nations. Have not all had exclusive jurisdiction, but when they were
WASHINGTON, D. C., May 11, 1866. the regulations with regard to passengers been landed and were undertaken to be distributed DEAR SIR: I have had inserted in the National In- under this power? Have they not all been the the police power of the State intervened and telligencer of this morning a notice correcting a misapprehension that seems to prevail to some extent
regulation of commerce with foreign nations? became exclusive. that the medical committee on "cholera and quar
Can there any doubt on the question? Is Mr. SUMNER. At a certain stage I admit antinc," of which I am chairman, was delegated it not as plain as language can make it? Why, || that the police power of the State may interby the American Medical Association. When before the Committee on Comineree I stated that our
sir, ever sinoe I have been in Congress we have vene, but I do nevertheless insist as beyond committee was appointed at a meeting of medical had annual bills for the regulation of passen- | question that the power of the United States men at Baltimore on the 4th instant, assembled on a gers coming into our ports-bills of different call numerously signed by physicians from every
is complete over every passenger vessel when part of the United States to petition the Government
degrees of stringency, laying one penalty here, it arrives in the harbor, so that it may be subto adopt a general uniform system of quarantine at and another penalty there, all in the execution jected to any regulations in the discretion of all our ports, and the “memorial" presented by of this unquestionable power. Hon. Mr. MORGAN, which was adopted at said meet
Congress for the public good with reference to ing, was headed " memorial of physicians," and no
Mr. GRIMES. Will the Senator allow me passengers. Of course this is discretion to be mention was made of the national convention exto ask him a question?
exercised wisely for the public good, to the
agree to that
end that the public health may not suffer. as it has been described or defined by our think it is derived ; that is, the power to reguStrange if the national Government, which || Supreme Court, intercourse among men, em- late commerce. I would therefore propose that is our guardian against foreign foes, may not || bracing the transportation not only of goods | the duty shall be confided primarily to the Secprotect us against this fearful enemy.
but of passengers, and applicable to everything retary of the Treasury, who, in the exercise Mr. MORRILL, I do not deny that; I that comes under the comprehensive term of his powers, shall be aided by the Secretary
intercourse, giving to it that expansive defi- of War and the Secretary of the Navy, under Mr. SUMNER. Very well.
nition which I think you will find in some of the direction of the President of the United Mr. MORRILL. Now, my query is, can
the decisions of the Supreme Court, I ask you States. the power of commerce, that
which if you do not find under that second clause It seems to me that with that change the bill regulates the passengers on their passage to
ample power also to regulate this matter. will be brought into absolute harmony with the this country, follow the passengers entirely || Congress has power to regulate commerce, Constitution, will be above criticism, and it into the States and overrule the internal police communication, intercourse, transportation of will be amply effective. I would therefore, if of the States? That is the question.
freight and transportation of passengers among I could have the permission of my friend the Mr. SUMNER. Now the Senator puts a
the several States. To make that effective, Senator from Vermont, propose the amend; question which runs into the question already you must concede to it a power such as is ment in this form : to strike out in the third propounded by the Senator from Iowa, and to described in the clause to which the Senator line the word "War" and insert the Treaswhich I am coming in due course of time. I from Iowa has directed my attention:
ury;" to strike out in the fourth line the word have not quite arrived at it. I was illustrating He shall also enforce the establishment of sanitary Navy" and insert the word “War;” and the power that the General Government would
cordons to prevent the spread of said disease from to strike out in the fifth line the word "Treas
infected districts adjacent to or within the limits of have in the harbor; and now let me give an- the United States.
ury" and insert “Navy," and then to strike other illustration, which is familiar to my hon- There is no reference here to State lines, and
out the words “whose concurrent action shall orable friend; it is with reference to goods | why? From the necessity of the case.
be directed by the Commander-in-Chief of the which arrive. I need not remind the Senator disease itself does not recognize State lines.
Army and Navy," and insert simply "under from Maine that when goods have arrived sub
the direction of the President of the United The authority which goes forth to meet the ject to duties the custom-house exercises its disease must be at least on an equality with
States;" so that the clause would read: control according to the prescription of law, || the disease, and can recognize no State lines.
That it shall be the duty of the Secretary of the
Treasury, with the coöperation of the Secretary of not only while those goods are water-borne, but How vain to set up State rights as an imped- War and the Secretary of the Navy, under the direcafter they have been landed, and if they have iment to this beneficent power.
tion of the President of the United States, to adopt been landed in violation of the law, it pursues I therefore conclude that the power over this
an efficient and uniform system of quarantine, &c. those goods even into the interior.
subject is plenary, whether you look at the first In making this change we shall simply enMr. CHANDLER. To the Rocky mountains. clause of the Constitution to which I have large and expand the existing powers of the Mr. SUMNER. A Senator behind me says called attention relating to foreign commerce,
Secretary of the Treasury. He is now the head even to the Rocky mountains. It is enough or the second clause relating to commerce
of the custom-house; he regulates the passento say that it pursues those goods into the
among the States. It is full, it is complete. ger system. Go further, and give him these interior. In short, the Constitution of the Hence I put aside the constitutional objection,
additional powers that shall enable him, so United States was not so absurd, nor have our whether urged seriously or in levity, as it was
far as he can, to prevent the introduction of courts been so absurd in its interpretation, || perhaps by my excellent friend from New
disease into the country. All that we do will as to recognize a power in the custom-house || York; I put it aside as absolutely out of the
be in harmony with the practice of the Gov. merely at the door of the granite structure, question and irrelevant. Congress has ample
ernment, and I submit will be above question. and to require that it shall stop there. No, power over this whole question; and, sir, per
The Government, in the exercise of admitted sir, the power must be made effective. We mit me to ask if it had not ample power over
powers, will be, I trust, more than a match for have practically made it effective with referthis whole question, where should we be as a
the cholera. ence to goods. We have also, to a certain Government at this time? Can we confess that
Mr. EDMUNDS. Mr. President, as there extent, made it effective through decisions of
a great Government of the world must fold its are now two amendments pending, that of the the Supreme Court with reference to passen- arms and see a foreign enemy, for such it is,
committee and my own, and inasmuch as the gers. It now remains that we should carry it crossing the sea and invading our shores and
amendment proposed by the Senator from one stage further, and for the public good, and we unable to go forth to meet it? I do not
Massachusetts reaches the same point that I to secure the public health, which is a great believe that this transcendent Republic is thus
had in view, and may be more satisfactory to part of the public good, to insist that this same imbecile. I believe that under the text of the
Senators, with the leave of the Senate I withpower shall be applicable, just as we have | Constitution, as well as from the nature of the
draw the amendment I offered, in order that already insisted that it is applicable, to the case, it has ample powers to meet the enemy
the Senator from Massachusetts may offer his. pursuit of goods. I cannot myself see the dif- in the simple text of the Constitution regulat
Mr. SUMNER. That being withdrawn, I ference between the two cases. It seems to ing commerce. To my own mind the case
move now to amend the amendment of the me that the power over goods imported at our seems too clear for argument.
committee in the way I suggested, by striking custom-house under the acts of Congress, the And this brings me, sir, to the proposed
out in line three the word "War' and inserting power over passengers introduced into this
amendment of the Senator from Vermont. He "the Treasury;"! by striking out in line four country under acts of Congress, are both de- moves to strike out the clause to which I called the words “the Navy” and inserting "War;'' rived from the same source, and you can find attention myself the other day and to substi
in line five by striking out “Treasury' and no limitation for one and no expansion for one tute certain words creating a commission. I
inserting 6 War;"' and also by striking out the which is not equally applicable to the other. objected to this clause the other day; I will
words "whose concurrent action shall be di. i insist, therefore, that on this simple text, read it now:
rected by the Commander-in-Chief of the Army the power to regulate commerce with foreign That it shall be the duty of the Secretary of War,
and Navy'' and inserting under the direction nations, you find ample power for this action. with the coöperation of the Secretary of the Navy
of the President of the United States." You must annul this text, or at least limit it
and the Secretary of the Treasury, whose concurrent Mr. JOHNSON. Mr. President, the object
action shall be directed by the Commander-in-Chief by construction and dwarf its fair proportions, of the Army and Navy, to adopt an efficient and uni
of this resolution commends itself to the Senor the power of Congress to provide against form system of quarantine against the introduction ate, provided it can be accomplished. We all cholera is perfect. into this country of the Asiatic cholera.
have an interest, in common with the whole But Senators call my attention to the second I objected, it may be remembered, to this country, in keeping the cholera out of the clause of the resolution, which is as follows: clause as placing this bill under the patronage | United States if we can; if we have the power
of the war power.
I did not think it needed | by legislation to accomplish that purpose, it is That he shall also enforce the establishment of sanitary cordons to prevent the spread of said disease
that patronage, though I was willing to admit our duty to exert it; but I am unable to agree from infected districts adjacent to or within the limits that it might need sometimes the exercise of with the honorable member from Massachuof the United States.
the war authority ; but I did not think that it setts, that there is any such power under the To my mind this clause may be treated under needed to be derived from the war power. It || authority with which Congress is clothed of two different heads: first, it may be regarded was not from the nature of the case an exer- regulating commerce with foreign nations and as ancillary from the nature of the case to the cise of this power, but it was clearly derived from between the States. The other grounds on power which is derived under the clause to the power over the commerce of the country; which it is supposed the resolution can be regulate commerce with foreign nations. From and regretted, therefore, that the framers of || maintained, as far as the authority of the honthe nature of the case, if you have the power the bill bad seemed to put the war power in orable member from Massachusetts is conto shut out cholera from the ports, you must the forefront. Now, the Senator from Ver- cerned, I understand to be abandoned. It be intrusted with an associate power to follow mont meets that suggestion by an amendment || is not to be maintained upon the war power, this same enemy even into the interior, pre- to the effect that a commission shall be consti- because there is no war, actual or anticipated, cisely as you follow goods that have escaped | tuted, embracing the Secretary of War, the and before any authority can be exerted under the exercise of your power in the ports. I am Secretary of the Navy, and the Secretary of the war power with which Congress is clothed, willing, therefore, to put it even on the first the Treasury. I have no particular criticism there must be a state of war. During the late clause of this constitutional provision, calling to make upon that amendment; if the Senate rebellion we gave as broad an interpretation it simply ancillary. But I do not stop there, consent to it, I shall certainly be disposed to to that power, and perhaps broader than the for annexed to the first clause are the words, join ; but I think that a better form still may framers of the Constitution designed; but it "and among the several States." Congress has be adopted and one which shall place what we is immaterial now to inquire whether in the power to regulate commerce among the several do more completely and unreservedly under past during a war, or whether in the future if States. Now, sir, assuming that commerce is, that power of the Constitution from which I there should be a war, we can go to the extent that paper.
we have done, or whether in going to that extent Mr. JOHNSON. I have no desire to go on; and that is his message at the opening of the we were justified or not, looking strictly to the not the slightest.
present session of Congress. I have read that true interpretation of the Constitution in that Mr. CHANDLER. I think we can get a vote message with care, and studied it carefully and particular. I think all will agree that there very soon on this measure.
repeatedly, and so has the country. If there must be a war before the power that grows out Mr. JOHNSON. I think not.
be any document in existence that is well comof a state of war can be exerted; and as no. Mr. CHANDLER. My colleague is willing prehended both in Congress and out of it, it is body pretends that there is a condition of war to wait.
that document. The following is a brief synop. now, or as far as we know that any war is The PRESIDENT pro tempore. The unfin- sis of the views of the President contained in anticipated, either with a foreign nation or ished business of yesterday can be laid aside among ourselves, the resolution upon the table || by unanimous consent only.
It assumes and asserts the power in the Prescannot be justified upon that ground.
Mr. JOHNSON. Not by my consent. ident to appoint provisional governors of the Nor does it profess, even if it could have Mr. CLARK. I think we had better go on rebel States, to give them authority to call conbeen justified upon that ground, to be the ex. with the Post Office bill.
ventions, and to reestablish civil governments ertion of the war power. It is intended to Mr. JOHNSON. I suppose there is no danger || in them. This it claims as an executive power, avoid disease, and nothing else. It is a sani- of the cholera coming here in the next two a power derived under the Constitution, a power tary regulation. It is a regulation to be accom. months.
which he has exercised; but, sir, a power which plished by means of quarantine, or by quasi The PRESIDENT pro tempore. Objection || in my judgment exists for him in no part of the means of the same description. My friend || being made, the unfinished business will not Constitution. In this document he claims the from Massachusetts supposes-and the lionor- be laid aside.
right to reorganize civil governments as and for able member from Vermont yesterday, in pro
POST OFFICE APPROPRIATION BILL.
State governments in the rebel States, with all posing his amendment, put it upon that ground
the powers, rights, and privileges of States of -that the measure can be maintained under The Senate resumed the consideration of the and in the Union. In short, he claims the the authority which Congress has to regulate bill (H. R. No. 280) making appropriations for
power, as the Executive of the United States, commerce with foreign nations. My friend the service of the Post Office Department during || to make peace with the States once in insurfrom Vermont will permit me to say that he the fiscal year ending June 30, 1867, and for rection. misapprehends-I speak it with all respect
other purposes, the pending question being on Sir, under what clause of the Constitution does the principle upon which the passenger cases
the amendment proposed by Mr. TRUMBULL. the President find the power to proclaim and were decided. At that time the Supreme Court Mr. HOWARD. Mr. President, the discus- reëstablish peace, after a state of war has inter-a majority of the judges following what they sion upon the amendment offered by the hon- || vened, whether with a foreign country with which supposed to be the rule established in the case orable Senator from Illinois [Mr. TRUMBULL] we may happpen to be at war, or a State or disof Gibbons vs. Ogden, in 9 Wheaton-were of now under consideration has taken so wide a trict declared by Congress to be in insurrection? the opinion that the authority conferred upon range as almost to induce the belief that cer- He has not the power under the Constitution Congress to regulate commerce between the tain gentlemen who have spoken have become to make war, and for the same reason he has United States and foreign nations was exclu- oblivious of the subject matter of discussion. no power under the Constitution to make peace; sive, so that over that subject the States had This liberality having been extended by the and Congress has never in any statute given no control whatever, and upon reasoning very || Presiding Oflicer to others, I trust I shall not him any authority whatever to declare peace plausible, and not only plausible, but very fall under the censure of any gentleman if I even in regard to the rebel States. Gentlemen forcible, as stated in the opinion of Mr. Chief avail myself of it also. I cannot, therefore, will look in vain for any such authority. In Justice Marshall, who gave the unanimous opin- assure the Senate that in what I am about to the act of 1861 the President was authorized ion of the court in the case of Gibbons vs. Og. say I shall confine myself very strictly to the to declare certain States in insurrection; bat, den. But in the subsequent cases, in the pas- amendment under consideration.
sir, Congress never gave to him any power to senger cases, and afterward more decidedly in Mr. President, it has been declared during this declare the insurrection to be at an end, much wliat were called the license cases, a majority
discussion and on numerous other occasions, less to declare the insurrectionary districts of the court came to the conclusion that the both in the Senate and out, that the so-called again restored to the status they occupied bepower was not an exclusive one, and that the policy of the President of the United States, fore the war, or to declare that peace in the States had a right to pass laws the effect of who holds his office, under the Constitution, by | full constitutional sense of the term has been which was to regulate commerce in all cases in reason of the death of President Lincoln, is restored. which such laws would not, in that particular, but the same policy enunciated and attempted Mr. COWAN. Is there any necessity for a conflict with any existing laws which Congress to be carried out by the latter; and we have declaration that the rebellion is over? Is there might have passed. In other words, the court been told by the honorablc Senator from Wis- any necessity in a case of this kind for a decheld that the power was, in one sense, a con- consin, (Mr. DoolittLE,) and the honorable | laration that peace is restored ? current power ; that if the United States thought || Senator from Pennsylvania, (Mr. Cowan,) in Mr. HOWARD. That is by no means the proper to exercise their authority, about which very energetic and emphatic tones, that this question. The question is, not whether there there could be no doubt, but did not make an policy is the identical policy of Mr. Lincoln in be any necessity for granting such a power to entire regulation, that which was not regulated | regard to the reconstruction of the rebel States. the President, but whether it has been granted. fell within the scope of the power of the State.
I take issue with those Senators upon this ques- I assert that Congress have never granted any It is due to my own opinion and due to can- tion of fact. I deny that the policy of President such power to the President as to declare that dor to say that I think the latter opinions of Johnson is identically the policy of President peace in all its forms and in all its relations the Supreme Court in that particular were Lincoln upon that most grave and important has been restored to the insurrectionary diserroneous. My belief at the time was, and my subject; and I shall show, or at least endeavor tricts. Congress have taken good care to belief now is, that the power was designed to to show, in my feeble way, that the two lines reserve to themselves this authority. I remind be exclusive; and that, therefore, if Congress of policy, that of Mr. Lincoln and that of Mr. the Senate of the fact that the statute I allude should fail to regulate entirely commerce be- Jolinson, are in point of principle as wide apart to was drawn by the hand of one of the most tween the United States and a foreign nation, as the poles; that while on the part of Presi- cautious, circumspect, and profound constitu. Congress would have declared, by the failure to dent Johnson there is an assertion of the abso- tional lawyers of the country, Mr. Collamer, of regulate, that what was being done with com- lute power of the Executive to interfere in the Vermont. He carefully abstained from insert. merce as between the United States and for- manner he has interfered for the restoration | ing any clause in that statute authorizing the eign nations and the sereral States, was just of the rebel States, while it is asserted in his President to declare that peace was restored. in the condition in which Congress desired it behalf that he has this omnipotent power, and But the message assumes that it is within to remain. In other words, the power of regu- that it does not belong to Congr Mr. Lin- the constitutional competency of the President lating commerce with which Congress is clothed coln always, in his most solemn proclamations | to make peace with the insurrectionary States. is a power exerted in a case of that description and acts, disclaimed that power and was ever It assumes this without the slightest recogni. by not regulating. The subject itself seems to careful to protest that he, as the executive | tion in any of its pages or paragraphs of the be-and I speak now upon the authority of Mr. branch of the Government, possessed no real power or duty of Congress to legislate on this Chief Justice Marshall--one which necessarily | power on the subject of the readmission of the most important subject. In fact, the message must be intrusted to one power, to one Gov. rebel States into Congress. Let us recall a ignores completely Congress and its authority, ernment; and if so, as nobody can doubt that part of the history of the times and endeavor and treats the Executive as the only source of the power is given to Congress by the Cousti- to see the exact position occupied by Mr. Lin. power over the conquered States. It does not tution, that power, in my opinion, is exclusive colu touching the power of Congress and liis consult or offer to consult Congress at all on of like authority on the part of the States. But own power over the
question of the readiission | the subject of reconstruction, and takes as litthe received doctrine of the Supreme Court of Senators and Representatives from the rebel tle pains to refer this subject or any branch of now is otherwise.
States into Congress. The PRESIDENT pro tempore. The morn
it to Congress, as if there was no Congress;
But before I come to that, let us, if it be pos- but with singular coolness åsks the two Houses ing hour having expired, it becomes the duty sible, ascertain what this policy of Mr. Johnson to judge, each for themselves, of the elections, of the Chair to call up the unfinished business, actually is. Let us entertain clear ideas upon returns, and qualifications of their own memwhich is House bill No. 280, upon which the the subject, and ascertain what is the real bers. I will refer to the message itself. After Senator from Michigan (Mr. HOWARD) is enti- essence, the gist of the controversy now exist- stating that he had pursued a certain process tled to the floor.
ing between him and Congress. The best an. in attempting to restore the rebel States to the Mr. CHANDLER. I hope that the special nouncement of the policy of Mr. Johnson upon Union, that he had done this thing, that, and order will be laid aside informally. I think we the subject of reconstruction is of course to be the other, the President says: can get a vote very soon on this question, found in the most solemn paper he ever signed, "Thoamendment to the Constitution being adopted it would remain for the States, whose power has been domestic tranquillity insured, and loyal citizens pro- shall become the law of the land, and the 60 long in abeyanco, to resume their places in the two tected in all their rights of life, liberty, and property, branches of the national Legislature, and thereby I, Andrew Johnson, President of the United States,
authority of Congress dwindle in feebleness, complete the work of restoration." and Commander-in-Chief of the Army and Navy of
and finally become lost in desuetude and And this is all he says of the power of the
the United States, do hereby appoint A B (this is contempt.
directed to Governor Holden) provisional governor Congress of the United States to legislate or of the State of North Carolina, whose duty it shall
What, sir, was the plain duty of the President in any way to act upon the question of the rebe, at the earliest practicable period, to prescribe
on the cessation of actual hostilities in the spring such rules and regulations as may be necessary and admission of the insurrectionary States into
of 1865? The Constitution provides that the proper for convening a convention composed of deleCongress. It is a plain and undisguised as
President shall, upon extraordinary occasions, gates to be chosen by that portion of the people of sumption that he, and he alone, has imparted said State who are loyal to the United States, and no
convoke Congress for the purpose of taking to them the legal right to be again represented
others, for the purpose of altering or amending the their advice and enabling them to pass such
constitution thereof, and with authority to exercise, in Congress. within the limits of said State, all the powers neces
acts of legislation as may be required. Sir, To make this certain he adds: sary and proper to enable such loyal pcople of the
has there ever been any occasion in our past State of North Carolina to restore said State to its history, is it likely that another occasion will "Here it is for you, fellow-citizens of the Senate, constitutional relations to the Federal Government, arise in our future history, more imperiously and for you, fellow-citizens of the House of Repre- and to present such a republican form of State govsentatives, to judge, each of you for yourselves, of ernment as will entitle the State to the guarantee of
calling upon the Executive to convoke Conthe elections, returns, and qualifications of your own the United States therefor, and its people to protec- gress and submit the whole matter to their members."
tion by the United States against invasion, insurrec- judgment than that occasion? We had been
tion, and domestic violence." Sir, had the seceding States been out of the
engaged in one of the most bloody and feroUnion for four years without war, had not a The authority conveyed by this commission cious wars known in history. At least eleven blow been struck nor a soldier marched against is perfectly plenary, perfectly boundless in its millions of the people of the United States had them, and had they seen fit to come back into scope and extent, authority to exercise within | been for four years waging a relentless, wicked, the Union quietly, peacefully, and of their own
the limits of said State all the powers necessary rebellious war against the Government. The accord, the message could not have been more and proper to enable such loyal people to re- loyal States had sent to the field uncounted silent as to the effect of the war upon their store said State to its constitutional relations myriads of their sons to combat the enemy. condition. On the part of the President of to the Federal Government.'
There was scarcely a plantation from the Lakes the United States the claim is put forth that Now, sir, I ask, under what clause of the to the Gulf of Mexico, scarcely a stream of he, and he only, has the right to resort to the Constitution of the United States is it that the water throughout the length and breadth of the measures necessary for the reconstruction of President derives this boundless and undefined | land whose banks had not been dyed with the the States, and he has assumed, solely in vir- || authority he has thus assuined to impart to his blood of the faithful or of the rebellious. More tue of the executive authority, to appoint pro- | provisional governor? I assert that no such than one half the geographical extent of our visional governors, without sanction of law- || power is granted by the Constitution. There | territory lying, east of the Rocky mountains for there is no law nor a part of a law that is nothing of the kind in it. As well might had been in the acknowledged possession of authorizes him to appoint them-to impart to
the President of the United States, in case of a the rebellion. We had sacrificed untold milthem power to convoke conventions and to conquest by the armies of the United States lions of dollars in the prosecution of the war give to those conventions certain power over of a foreign country in the prosecution of a to uphold the authority, of the Constitution, the reformation of State constitutions, power | foreign war, assume to appoint a provisional and there was hardly a household throughout to enact laws, power to call together Legisla- || governor and give him full power to call to- the loyal North in which there were not tears tures, and, in short, to cover the whole field | gether a convention of the conquered people, l of lamentation over the loss of some dear one of State legislation; and after having done all to authorize that convention to frame a consti- who had bravely gone to the field and sacrificed this he very coolly and very condescendingly tution for that people, to authorize them to his life under the folds of the old flag. At the says to Congress, “It now remains for you, elect a legislative body to enact laws, and, || North we were divided by political parties. gentlemen of the Senate, and for you, gentle- || indeed, to launch and put in motion the whole We had in our midst a party who had openly men of the House of Representatives, to judge'' || machinery of civil government in a foreign | declared against the further prosecution of the -of what? Of the fitness of the States for re- land conquered by our arms, and to impart war and pronounced it a failure, a party who admission? No, sir. To judge of anything to the community thus framed and fashioned for long anxious months were on the very eve else? No, sir; but simply and solely to judge the right to be represented in the two Houses of taking up arms also against the Governof the elections and qualifications of the Sen. of Congress as one of the States of the Union, ment and acting as the allies of the rebels. ators and Representatives that may have been as to assume to give his provisional governors The whole country, from center to circumferelected from these States thus reconstructed in the insurrectionary district the like authority. ence, was convulsed and thrown almost into under the executive decree. There is a com- Understand me, Mr. President; I do not anarchy by these great and perilous events. plete denial on the part of the Executive of assert that there was no necessity in the rebel Our relations with foreign Powers had also any authority in Congress to interfere, to inter- States to make some provision against anarchy || become greatly entangled, and there was never meddle, or to regulate in any manner whatever and for the preservation of order. I do not an occasion when it was so necessary to call the internal concerns of the insurrectionary assert that a conquered people is to be left | Congress together, take their advice, and appeal States, or to take any step with regard to their entirely to the results of war, anarchy, blood- to them for proper legislation; and yet Mr. internal policy or their internal legislation. shed, and private rapine. The laws of war Johnson, acting I know not under whose advice,
To show that I am not incorrect in this, and and the laws of nations provide for the pres- assumed to himself the whole task of restoring in order that the country may be made aware ervation of order and protection of private | what he calls peace, and of reconstructing the of what the President has actually done under | rights; and the general in the field is bound to rebel States, without convocation of the reprethis high claim of power, I beg to call the afford' this protection. That is by no means sentatives of the States and the people, in utter attention of Senators to the circular letter the question. The question is, what power | disregard of their authority or the measures of addressed by Mr. Johnson soon after the has the President of the United States over legislation which they might think demanded cessation of actual hostilities to the various | the subject of legislation in the conquered by the public safety. provisional governors of the insurrectionary country? Has the President of the United I complain of this course of conduct on the States. I have here the commission which he States this most important power? Is he the part of the Executive because I believe it to issued to his numerous provisional governors. only legislative authority in the land whose be a usurpation of the authority which perHe, the President of the United States, as- duty it is to see to it that loyal governments | tains, not to him, but to Congress; and here is sumes, of his own motion, without authority are established, or does it belong to Congress? | the gist of the controversy; here is the bone of of Congress, without calling together Congress, | That is the point. I maintain that the power contention. Mr. Johnson, backed by certain or in any way consulting or proposing to con belongs to Congress, and to Congress alone. advisers, says to the country and to Congress, sult them, to issue to each of these provisional | How was the necessity produced of any inter- “The executive power is sufficient in the prem governors this imperial commission, assuming | ference of this kind on the part of the United | ises; the executive power has recreated and to grant full legislative authority over the con- States? How has it happened that provisional | reconstructed the States; you, gentlemen of quered States. After reciting in very labori. governors became necessary? It was by the Congress, have nothing to do with this subject; ous phrase the fact that he is President of the results of war. Who carried on the war? Was you
have no power of legislation over it; 1, thé United States, that he is Commander-in-Chief it the President? Who raised the Army? Who | Executive, I, Andrew Johnson, assume to myof the Army and Navy, and adding what is not armed, clothed, disciplined, officered, drilled
armed, clothed, disciplined, officered, drilled self the authority of declaring when a State contained in the Constitution or the laws of them? Congress, and not the President. is restored to the Union and when it is entitled the land, that he also is “chief civil executive Sir, this claim of legislative authority on the to readmission by its Senators and Representofficer of the United States," he says : part of the President, a claim perfectly distinct atives into the Halls of Congress.” This is the
“Now, therefore, in obedience to tho high and and outspoken so far as he is concerned, is, || point. The policy of Mr. Johnson was plainly solemn duties imposed upon me by the Constitution in my judgment, one of the most enormous announced in his opening message. He had, of the United States"
usurpations of the power of Congress ever forsooth, reconstructed the States, and he says I call the attention of the especial friends of || attempted; and if the Congress of the United to us, in very condescending terms, “It belongs the President to this singular language, and I States at this moment, the most momentous to you now, gentlemen of either House, to shall ask them to explain it before this discus- in the history of this Government, shall wink | judge merely of the qualifications of the memsion ceases
at the assumption, if they shall not stand up bers who shall be sent to you by my recon“Now, therefore, in obedience to the high and in their places here and manfully and reso- structed States !!! solemn daties imposed upon me by the Constitution || lutely assert their constitutional power over Now, Mr. President, I come to the question of the United States, and for the purpose of enabling the loyal pcoplo of said State to organize a Stato
the whole subject, I look forward to the time of what was the policy of President Lincoln; government, whereby justice may be established, when the will of the Executive of this nation II and here I desire the particular attention of
the apologists of this great stretch of execu- reconstructed rebellious States without quali- | whether this House or the other should admit tive power. That I do not err in saying it is fication, without condition, and without taking this particular member or the other particular claimed in behalf of Mr. Johnson that he is security against a recurrence of the war. member to a seat in the House. That is a side but pursuing the same policy pursued by Mr. Mr. Lincoln never adopted any such princi- || issue, as the honorable Senator froin PennsylLincoln, the following extract will sufficiently ple, but he denied it. He was careful, in order vania readily sees if he understands the quesprove. In his 22d of February speech, already to avoid any misunderstanding on this most tion. It has nothing to do with the real quesfamous at home and abroad, and in which Mr. delicate question, so to express himself in his tion I am discussing. That is the power of the Johnson undertook to develop his policy and proclamation as to leave no ground of contro- President of the United States to impart politto eulogize it, he said:
versy or disputation. He asserts that the right | ical rights to enemies who have forfeited them “The very policy which I am pursuing now was
of readmission belongs exclusively to Congress, | by making war against the United States. pursued under his (Mr. Lincoln's] administration, and not to any extent to the Executive. That Mr. COWAN. The honorable Senator will and was being pursued by him when that inscrutable is not, however, “my policy," nor the doc. allow me a word, so that we may understand Providence saw fit to remove him, I trust, to a better world than this."
trine of the advocates of “my policy.” each other; because I really desire to under
Mr. President, allusion has been made to stand him, and I think he is fair enough to de"The very policy which I am pursuing," is
what is known as the dying speech of Presi- sire to understand other people. Do I underthe language of President Johnson.
dent Lincoln. Even that has been quoted on stand the honorable Senator, then, to say here Again, the honorable Secretary of State, in
this floor in support of the pretensions of the || that, in the rebellion, the rebel States were the speech he made at the Cooper Institute in
Executive. Sir, this doctrine receives no supNew York on the same evening, speaking of
utterly and entirely destroyed, had no existence
whatever in the eyes of the Constitution and the same subject, used the following equally port from the dying speech
of Abraham Lin
. emphatic language:
On the contrary it receives from that the laws, and that the President had no author
speech a most stern and decisive rebuke. On || ity whatever to institute any measures for their "And it is the samo plan that Abraham Lincoln
that occasion President Lincoln said : projected before he was removed from his high trust,
rehabilitation and for their replacement in their the same one that Andrew Johnson was executing
“As a general rule I abstain from reading the re- order as States, and that it is in that of which for him in Tennessee. ports of attacks upon in yself, wishing not to be pro
le complains of the President? voked by that to wbich I cannot properly offer an That policy, sir, here asserted to be the same
In spite of this precaution, however, it
Mr. HOWARD. I shall not now undertake, as that of Mr. Lincoln, is immediate readmis
comes to my knowledge that I am much censured for it is unnecessary, to lay down the exact
from some supposed agency in setting up and seeking sion to Congress, without delay, without secu
boundaries and limitations of the power of the to sustain the new State government of Louisiana. rities, without condition; and it is based upon In this I have done just so much as, and no more
President of the United States, as Commanderthis monstrous assumption, to which I have than, the public knows."
in-Chief of the Army and Navy, in regard to a already alluded, that it is competent for the A phrase in its tone and style entirely Lin- conquered people. That is an immaterial quesExecutive to reconstruct the insurrectionary colnian.
ton. However, in part answer to the gentleman's States; that it is for him and not for Congress
"In the annual message of December, 1863, and rather prolix interrogatory, I will say, that it is to impart political power and legislative capa
accompanying proclamation, I presented a plan of
not competent for a military commander in city to the people of the insurrectionary States. ised, if adopted by any State, should be acceptable
the field, whether he be * Commander-inNow, sir, I assert that Mr. Lincoln never adopted
to and sustained by the executive government of Chief' or acting in any other capacity under any such principle, and I stand here in my fee.
the nation. I distinctly stated that this was not the the Constitution of the United States, to impart
only plan which might possibly be acceptable; but I ble way to vindicate the memory of that great also distinctly protested that the Executive claimed
political or legislative rights to the conquered and good man from such an aspersion upon his
no right to say when or whether members should be community. That is what I assert. The Comcharacter.
admitted to seats in Congress from such States," mander-in-Chief holds the sword of physical Mr. Lincoln, in his proclamation of the 8th
A full, solemn, plump disclaimer on the part force; all his acts as Commander-in-Chief are of December, 1863, after declaring that he
of President Lincoln of the exercise of that connected with the prosecution of the war as should recognize as the true government of
assumed power which I am now combatting, such, and go not a single inch beyond the the insurrectionary States the one which should the power asserted at present by President necessities of the war. He has no authority be constituted according to the provisions of
Johnson of the right of the rebel States to to assume the legislative power that apper: each of his proclamation, proceeds to use the readmission into Congress.
tains to the Government who appoints him and following cautious and significant language,
Mr. COWAN. I beg the honorable Sena- whose servant he is, and undertake to exercise which seems to have been entirely overlooked tor's pardon for interrupting him, but I know | legislative authority in the country where he is or forgotten by the advocates of the immediate
that he has no design to misrepresent the the conqueror. Let the honorable Senator restoration policy: President; I think not, at least.
from Pennsylvania read the numerous cases “ To avoid misunderstanding, it may be proper to
Mr. HOWARD. Not at all.
in Roman history and in Grecian history, and say that this proclamation, so far as it relates to State Mr. COWAN. Has not the President quite | indeed in all other histories in which such governments, has no reference to States wherein loyal as distinctly, quite as plumply disclaimed on attempts have been made on the part of comState governments have all the while been maintained. And for the same reason
his part any attempt to influence Congress to manders in the field, and he will not find
admit members from the southern States upon That is, to avoid misunderstanding
a single instance in which any attempt to exerthis floor? Has he not said that that rests ex- cise legislative authority over a conquered peo"it may be proper to further say that whether mem.
clusively with each House of Congress? Mr. ple has been tolerated by the Government at bers sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with
Lincoln said "the respective Houses of Con- home. the respective Houses, and not to any extent with the gress." Is it not but fair to the President to say Mr. COWAN. I wish to state distinctly to Executive."
that he has never on any occasion or at any the honorable Senator from Michigan that my Here is Mr. Lincoln's protest against his time claimed that he had the right to dictate theory is as simple own authority so to construct an insurrection- to Congress whether they should receive this Mr. HOWARD. I do not wish to be interary State as to impart to it the right of electing member or that member or the other? Is not || rupted by a statement of the gentleman's and sending members of the Senate and House the true question this: when a southern appli- || theory. He has stated it so often on this floor of Representatives. He refused to recognize || cant for a seat comes here, shall the Senate of that I tbink I tolerably well understand it as within himself any such authority. He de- the United States decide upon it for them. nied it in the most guarded language of which selves, and shall the House of Representatives Mr. COWAN. I hope the honorable Sena. he was capable. Is that the doctrine of Presi- decide for themselves, or shall a joint com- tor will allow me. I want to make that statedent Johnson to-day? Does he deny that to mittee of the two Houses, and both Houses, ment just here as he is addressing his argument him pertains the power of imparting political decide the question rather than the respective to me. rights to the insurrectionary States in such a Houses, as President Lincoln said, or each Mr. HOWARD. I am willing to allow alway as to enable them legally and constitution- House as President Johnson has declared ? most anything; but I will not be interrupted ally to elect Senators and Representatives? Mr. HOWARD. Mr. President, there is in to expose the Senate to the infliction of an No, sir. He asserts it; and he asserts that this the mind of the honorable Senator from Penn- essayhaving been done by virtue of his imperial de- sylvania or in my own a great confusion of Mr. COWAN. Of course I will not persist; crees, all that remains for Congress to do is to ideas. I am combatting this principle, to wit, but if the gentleman will not allow me to put pass, each House for itself, upon the naked, that it is the right of the President of the Uni
the question here, I will put it at a time when barren question of the sufficiency, the regular- ted States so to reconstruct, reconstitute, or re- he cannot avoid it. ity, or formality or informality of the mere create the insurrectionary State governments Mr. HOWARD. The Senator will pardon certificates of election which may be brought as to enable them, in virtue of his executive
me for saying that although my refusal in this here.
decrees, to elect a Senator or Representative case may not be entirely agreeable to him, it He has assumed to enable the insurrection. at all. That is the point. The mere formal
cannot be beyond his recollection that be, on ary States to elect Senators and Representa- | question of the power of each House to decide some occasions heretofore, has shown a little tives to come to these Halls and participate in upon credentials is one which I am not discuss
intolerance of interruption, our legislation. And this is the great point of ing. I go far behind that; I go down to the When I was interrupted I was reading the controversy between us, the assumption on his bottom, to the essence of the question, and dying speech of Mr. Lincoln. I must go back part to interfere in the legislation of Congress deny the power of the President to impart to to it. He says: and the denial of that authority on our part. the people of any rebel State any political
"In the annual message of December, 1863, and Such is the gist of the controversy. “My polo | rights whatever; and I claim that that power accompanying proclamation, I presented a plan of icy'' means immediate readmission into the belongs to Congress and to Congress alone. I reconstruction, (as the phrase goes,) wbich I promised, two Houses of Congress in the persons of the have not said that Mr. Johnson had ever stated
if adopted by any State, should be acceptable to and
sustained by the executive government of the nation. Senators and Representatives elected by these that he claimed he had the right to dictate I distinctly stated that this was not the only plan