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army of the Potomac; a large numberof troops But recently, for four or five sweltering hot
that it had broken the shackles of all the slaves had to be taken to the city of New York, the days in the city of New York, in that new-born in the land. I do not ibiuk in justice that chief magistrate of which State is now the Babel of Tammany, did hurdreds of Demo- party could have done much less. I have read head of the Democratic ticket, to do what? crats sweat, voting for this man and that man, ibat about three hundred and thirty thousand To keep the peace in that city and to enforce with no result, and all the time there was a negroes were brought from Africa to the colothe drafting of men and to put down the spirit deep laid plan, which the mass of them did not nies; and that the northern shippers brought of rebellion which was as rife there as at comprehend, to get the very man they have got. about three hundred thousand others, and Charleston. The world will not forget the I cannot help contrasting in my mind that con- according to my recolleciion when the law of correspondence between Governor Seymour | vention with the one at Chicago. The con Congress abolishing the slave trade went into and General Dix, and I remember how my vention at Chicago bad just twice as many operation, the State of my bonorable friend, blood jumped a little quicker, old as I am, delegates as the one at New York. The first the Senator from Rbode Island, bad about when the General informed the Governor at a thing done there was to make a platform on fifty-seven ships engaged in the slave-trade. I certain time that he had troops enouglı there which they all agreed, and the next thing was think the northern people and their posterity then to preserve the city and take care of him, to nominate a President, and each State was who did so much to plant slavery on the Coin too. Oh, such a patriot! Sir, if you look for called and each State answered until six hun. tinent of North America, owed it to the injured salvation from that mob engendered by him dred and three delegates had spoken, and every race at least to give this evidence of the great go look at the ashes of the colored orplan vote was for one man right off, without any cau- change which had come over them. I do not asylum in New York. Would it have done | cus, without any consultation. They looked object to it. the heart of the Senator from Kentucky good to him as the child looks to its father for pro- The honorable Senator from Nerada las to have seen demons in human shape beating tection. They remembered the thousand vie. spoken of the Chicago convention and of the out the brains of black infaucy? Look at ibe tories to which helad led thein, and their eyes New York convention, and of the Chicago lurid light of the hospital reared by the best as involuntarily turned upon him as a leader platform and the New York platform. Well, charity in the world. Look at the murder of in the civil strife as in the strife of arms. To sir, the platform at New York repudiates for O'Brien, who was brutally hanged and his form me that was a noble and inspiring sight. Let ever slavery. Has my honorable friend any mutilated worse than would have been done not the honorable Senator from Kentucky exception to that plank? It repudiates for. by the barbarians whom the honorable Sena. believe that such unity of sentiment is to be ever ihe principle of secession. Has my hontor described this morning. This Governor overborne by this fraginentary party called orable friend any exceptiou to that plank? I addressed these bloody-handed scoundrels, | Democratic.
have none. But his convention of Chicago and called them“ friends." They were his Let me refer to another difference. We have spoke of negro suffrage to be imposed by the friends; they are to-day; it is no misnomer. a warrior at the head and a man of peace northern States (pou the South; and they They caught up the torch which he liglited; || emphatically as the second nominee, a man themselves to be exempted from it. What they had performed the work; lie was cou- whose name is written as firmly and as broadly sort of a plank is that? What sort of stater gratulating them upon it, and he addressed on the civil page of his country's history as manship and philanthropy is there in any such them as
i friends.' They received him as General Grant's is on the military page. When nonsense as that? My honorable friend spoke such. He is.
Grant was leading our armies against the hosts of nonsense and he spoke of the decrees of Mr. President, it is this ticket with this plat. ll of the rebellion it was prophesied that Lee | God. I should think that the latter at least form which my honorable friend loves so well. would never surrender. Now, the Senator from was a matter about which he knew very little. Sir, I know something of the Democratic party. | Kentucky, bolder, braver, and less considerate It may be because he is deficient in thai article I have been there. It is a party that never than Lee, says that this platform with its back- of grace which the old lady thought so neceswas beaten, and never could be so long as it ers will never surrender. Let him that casteth sary to coustitute a good preacher. fought the battle of freedom. In its vigor and off his armor boast; not he that putteth it My bonorable friend spoke of Forrest being its purity it was always as potent as my honor- on. Sir, there will not be enough of it for at the New York convention. Who was at bis able friend thinks it is now in its decrepit, | formal surrender. They will be suffered to go | Chicago convention from Georgia? Was there broken-down, ricketty old age. Then, sir, it home without terms. Their arms are worth- not one Joe Brown; and was not Joe Brown was a power, We quoted the founders of that less, for they are the arms of error; their the first man to pull down the day of the Union party with profound love and respect. We weapons are powerless, because they are from Fort Pulaski at the beginning of the rerepeated with admiration their principles every untruthful. No, sir; my gallant friend from bellion? The honorable Senator spoke of men where. The mission upon which the Demo: Kentucky will have to seek affiliation with who were in the convention at New York reekcrats then went out was to fight the battles of another party before he gets in a majority. He ing with blood of Union soldiers. That was the oppressed wherever and whenever an op: will have to join the army of progress and free. very bad; but I care pot what rebel comes up portunity occurred. Never till they trailed dom, hitching to no snub-post of the past, but from the South, how red his hand may be with their honor in the dirty waters of slavery and ) marching on to that haven of destiny of man the gore of slaughtered Union soldiers, if he took up the war of caste, wbich the honorable where all men shall be equal before the law. chooses to abjure his position and makes a Senator from Kentucky now takes up, did they Mr. DAVIS. Mr. President, I bave been declaration, and especially an oath in favor of lose their power. Since they have taken that very much interested by the speech of my hon- | Radicalism, the honorable Senator and his course they never have had the confidence of orable friend from Nevada. It has been very compeers are willing to hug him to their bosom, the country, and they never will till they cease various and very rich, but not much to the 1 and they do it constantly. I suppose they have to do evil and learn to do well.
point, and there was not much logic in it, this advantage of the honorable benator, in the Sir, I want the rule proposed by this joint either. My honorable friend reminds me very estimation of the old lady at least, that they resolution prescribed by legislation. I want much of the exclamation of an old lady who have received grace.
Now, sir, 1 bave not no more trouble in this matter. We have went to hear a preacher who was said to be a very much confidence in a traitor, and I have no wooed these States as a mother wooes her first !) eloquent pulpit orator, After she had listened confidence in a double traitor. A man who born. We have given them milk in their to him for some time she exclaimed, "Oh has betrayed his country, his Government, the weakness and meat in their strength. We have || Lord, what a good preacher he would make if stars and stripes, and with impious hand has invited them back time after time to the man- he only had grace, and I think grace is all drawn the sword to murder bis country, ought sion where there is bread enough and to spare, that my honorable friend needs to make his to be satisfied with that one act of perlidy and but they would not come. Now, sir, I do not oratory effective. [Laughter. ]
perjury, without seeking to get into the ranks propose that they shall come under the fiery He is not always accurate in his information. of an ascendant party that he may be tempted and erratic lead of Blair or Seymour, and break A little while ago he spoke of the ticket at to commit another treason. Where repentance into the mansion, the door of which they have || New York as a hyena ticket, for the reason, as is sincere and reaches the soul it is modest, heretofore refused to enter. To do that they he said, its strongest part was behind. I have and shrinks back from the gaze of tbe public sball, at least so far as my vote is concerned, heard such a thing called before a kangaroo and especially from imputed allurements of break over the forms of law.
ticket, but never a hyena ticket, [laughter ;] office.
time wlien there was a main issue in this land,
a few days after the battle of Bull Run, declarConstitution, to save the white man, to curse
chusetts man. I believe in olden times when the black man, and to wind up things generally there were slave owners and slave drivers, the
should be prosecuted, and under what circum-
stances it should be terminated. That was 3
it won the hearts and confidence and bopes Mr. President, indulge me in a word more. My honorable friend speaks of what has been of the nation; and if the party in the majorIt is said that in union there is strength. We done by the Radical party to win for itself ity here bad fought their battles upon it conhave a platform made with entire unanimity. Il immortality, and among his first boasts was
stantly with fidelity from that time to this,
they would, I think, be impregnable. It is of ten thousand a day and each day more than none. I simply rise to call the Senator from because they yielded that platform with its replenish the places of those slaughtered in his Kentucky back to the great issue presented by great and patriotic principles that they have ranks. He received in the way of reënforce- the New York convention, and that issue is become weak.
ments thousands and tens of thousands more the issue of peace or war. General Blair wrote The honorable Senator spoke of my refer- of men than McClellan had when he beleagured a letter to a member of that convention less ence to Grant and his indifference in battle. I Richmond,
than one week ago, iu which he said, “If we believe that General Grant is a patriotic and Mr. President, it is not because he is a mili- elect our President'--that is the substance honest man; he is unquestionably a man of tary hero.
It is not because he has great of it it will be his duty to use the Army of courage and of will; but I do not think he has capacity in war. He has no such capacity. It the United States to overturn and to disperse one other single quality of a great military is because he is an uninformed man, a stranger the State governments that have been erecied
When you speak of intellect that can to statesmanship and policy. He comes a in the South under the action of Congress.'' plan a great campaign and that can take intu- | novice into the hands of his keepers; they will That is rebellion; that is war. He
"If itively and comprehensively into its conception manipulate him as they please; and because I
go before the convention I want to go before of the movements of a great army, he is as he holds the command of the Army, and you it upon these principles." He says, “ The uuequal to that work as he is to make a world. ) kave made him by your unconstitutional laws | question of greenbacks, of finance, of taxing He has had success. What was the secret of to supersede the Constitution itself, and to bonds and all that are unimportant compared it? He fought the battle of Belmont, in which supplant the President in the command of the with this." And he went before the convenhe was badly used up. He went to Pittsburg | armies in the ten States and to a limited extent tion on that letter, and he was nominated almost Landing and there he encountered sore defeat, || in the whole United States, you have nominated | unanimously on the first ballot. That is the and even the Union officers who followed General Grant.
great and broad issue presented to this counBuell's lead there and regained the lost day Sir, I told the honorable Senator from Ne- try, and is not to be obscured by attacks on say that if Johnston bad reformed he would vada that we had two great issues here. The General Grant or by anything that may be said have destroyed. Grant and the Army under first is, Shall the bayonet or the Coustitution be
of the past.
It will now be more important him; and I doubt it not. It was the gunboats the law? and the other is, Shall the negroes ap: to talk of the future rebellion that isthreatened in the river that saved him then. The siege point the President of the United States, and and promised by the Democratic party than and capture of Fort Donelson was the work shall this be a negro Government or a white even to talk of the past. of Smith, a much abler man naturally and as man s Government? These are the issues, sim- Mr. President, this is the issue, and I should a soldier and as a scientific warrior than ever ple, comprehensive ; and we care not where have been glad to have heard the Senator on Grant was or ever could be, if he should live mer stand on other and iminaterial issues if that issue. He supports General Blair, he to the age of Methuselah. If Buell had not li they are right here. If the men who voted for supports Mr. Seymour. The Senator from reached the field of Pittsburg Landing, Grant the resoluvion proposed by Andrew Johuson Pennsylvania last night said that they had laid and his army would have been destroyed and after the battle of Bull Run bad adhered faith- down a plaiform. Yes, sir; the logical result we should not have beard of this candidate for fully to that resolution, I would always have of the platform laid down by the convention is the Presidency.
been their supporter as I was then. Now, I do the same thing as General Blair's letter. They When he came here to the Wilderness and not care who battles against the bayonet for declare that the reorganized State governments moved upon that line, as he said he would the Constitution, who battles for the white in the South are unconstitutional, null, and fight it out on that line if it took him all sum- man's Government against negro Government, || void. The logical result of that is what Gen. mer, he did not fight it out on that line; he I am with him. If the honorable Senator from | eral Blair has said. General Blair has made deployed froin it every day until he reached Nevada would come I would hail him as an his utterance. He says, “ I go before the conthe point where McClellan struck for Rich-ally in that cause if I believed him faithfully i vention upon this declaration of war against mond, and in this bloody enfilade upon the and truly enlisted in it. Talk not of “green- these State governments,” and the convention enemy be lost fifty per cent. more of soldiers backs!"
takes him; the Senator takes him; the conthan that enemy commanded. He lost in Wbat are greenbacks when put in contrast vention has affirmed the declaration of General killed, wounded, and missing from eighty to with popular liberty and constitutional gov. Blair and there is no escape from it. I call one hundred thousand men. Look at the cor- ernment? Nothing; but that platform says upon Senators, therefore, to meet the issue respondence between McClellan and Stanton that the obligations of the Government are to boldly and frankly and not attempt to obscure when McClellan was before the same point be met according to the bond. If the honor. it as the cuttle-fish does in which he makes two years before. You recollect the story, | able gentleman excepts to that let him except his escape. Sir, this, then, is the issue : shall pot of McClellan's disastrous campaign, but to it; but that is nothing, not the dust in the there be acquiescence in and submission to of the base and infamous manner in which he balance compared with the great, controlling, the action of Congress; shall we again have and his arıny were abandoned by the authori- grand issues that address themselves to the peace in this country ; shall we again resume ties here. He was promised the corps of Mc American mind with resistless force. Are you our progress, growth, and prosperity; or shall Dowell, forty-five or fifty thousand, a division for maintaining the supremacy of the bayonet war become the normal condition of the Uniof ten thousand in the upper valley, and ten and martial law, or are you for sustaining the ted States as it has been of other countries? thousand more from Fortress Monroe. If he Constitution? Are you for the white man's The Democratic party has declared for war, had received these reënforcements then and Governnient or are you for negro Government? || continuous, unending war except upon the there, in thirty days Richmond would have Are you for eight million white slaves under condition of the success of the principles of fallen; the rebels would have yielded ; half a the mastery of four million negroes in the the rebellion, million of slaughtered men would have been South, or are you for enlarging the white Mr. DAVIS. Mr. President, a word in reply saved to their country and their families, and men of the South and restoring to them that to my honorable friend. The convention at a thousand or fifteen hundred millions of treas- political power and that right of government New York formed their platform before they ure would have been saved to the nation. Wel which the Constitution secures to them? These pominated their candidates. They do not all knew that the object was not to suppress are the issues. They are important issues. square their platforın according to their canthe rebellion ; it was not war to put down the They are the issues on which I enter into this didates, but they make their candidates square insurgents; it was war upon slavery and slave- contest and upon which I intend to wage and their opinions and purposes according to the holders, and the war was to be prosecuted | maintain it.
platform. As I understand the platform, it until slavery was abolished and until the slave- The honorable Senator seemed to suppose does not present any issue of war which has holders were subjugated. All who were here that I contemplated there being double sets of occurred to the imagination of the honorable at the time knew it to be so. This man Stan: electoral votes from the southern States. I Senator from Indiana. They do not allow ton was in the War Office.
expect no such thing. I do not believe the their candidates, if I understand the principle After McClellan met with his reverses in the majority of Congress and the Army will per- upon which they act, to make platforins for the seven days' battles and he and the Government | mit any free election in those States. When. party. I am not of the party : I was not repbegan to feel apprehensive for the safety of ever the Army is withdrawn those States, resented in it; I had no voice in making the the Army, he wrote to McClellan exhorting | white men and negroes, will vote against the || platform; I am speaking of it simply as I bim to bring it off safely. What did McClel- || Radicals. Any of those States, which may be understand it. They make a platform upon lan say? "If I am enabled to effect that work, allowed to vote at the ensuing election will which their candidates must take position, and I shall owe its success neither to you nor to vote under their reorganized constitutions. I by which they must square their principles and any man in Washington." He had said before, I have no dream that there will be any attempt their purposes in the canvass if they should be "Give me fifty thousand men of reënforce to set up any previous governments and to cast elected. ments; give me the men you promised me, ote under them. It it should be so, they Now, sir, I am not for any war at the termand I will bring this war to a close." He will be stifled, suppressed, they will not be ination of this election for the Presideney; nor called for fifty thousand troops to reenforce allowed; but if you will allow a free election for war for the inauguration of the President his Army that then was not more than equal, there under your own laws, you will lose more who is elected, whoever he may be ; but I beif it was equal, to the enemy behind his in: than half the votes of those States. I have no lieve, as I said before, that the numbers in trenchments. That was refused. Then he || hope nor dream of a free election under your favor of the Constitution over the bayonet, asked successively for thirty thousand and own laws. You back up your laws by military and of the white man's President over the twenty thousand, and the invariable answer compulsion and by the presence of the bureau, President of the negroes will be a majority of was, "No; a man cannot be spared;" but when and you will not allow anything like a free three fourths of all the electoral votes. the present candidate for the Presidency was il election even under your own laws.
Mr. MORTON. I desire to ask the Senator appointed to command that Army he could Mr. MORTON. Mr. President, I have no a question, with his permission. I ask if there meet the eņemy and suffer bis bloody slaughter il deteuse to make for General Grant; he needs is any repugnauce or disagreement between
the platform adopted, in the shape of resolu. and all these reconstruction laws have been votes, to see to it that ng State is represented tions, and the letter of Francis P. Blair, and passed since. What the convention did was
unless the condition of things concurs proit so to point it out?
to send down to the people for their sovereign vided in each of these propositions. The lanMr. DAVIS. I have not read Mr. Blair's judgment this question. It was an appealtiom guage of the Constitution is that letter with any particularity, but I think that it the political majority in the two Houses of * Each State shall appoint, in such manner as the -peaks wider, broader, than the platform speaks | Congress that they framed there, and they have
Legislature thereof may direct, a number of electors or intended to speak. sent it to those who are competent to pass
equal to the whole number of Senators and RepreMr. BUCKALEW. Mr. President, îny idea
sentatives to which the State may be entitled in the judgment upon it and whose judgment will carry Congress." is that the issue of reconstruction is dependent such moral power and strength that it will be "In such manner as the Legislature thereof !'pon popular votes in the States represented felt throughout our country and it will repress may direct," thus presupposing, thus baving as Ja Congress. I went over the grounds of that all elements of turbulence and disorder. It an indispensable prerequisite to the proceeding
pinion last night, and attempted to vindicate it. will not be necessary to levy armies, to gather here ordained, the existence of a constitution in Of course I shall not repeat the argument on this munitions of war, to awake the passions of the State and a Legislature operating ander that occasion, but I refer to it as constituting, the the people of this country, to array them in constitution. The pending proposition, there main, my answer to the present remarks of the
hostile camps against each other. The insti- || fore, is merely declaratory, declaratory of the Senator from Indiana.
tutions of our fathers give us means for a peace- law, which, I submit, would be administered I have an idea that when the people in their able solution of this question of recons:ruction. without objection and without agitation on any sovereign capacity“I mean in the States about We ask no inore; we expect nothing else. ordinary occasion; but we stand in the pres. u bose organization there is no doubt-shall If we are beaten in this issue, we submit be- ence of events, and we are waited upon lig have pronounced their judgment, there will be cause it is the decision of the highest authority contingencies which admonish us that a declar aa acquiescence in it and no necessity for any and of the highest power in this country. If ation should be made in advance so plain and party to resort to force. I have an idea that the decision is with us, justly and of right, and I specific that no political party, that no political ilie currents of human action, particularly in of necessity also, the contrivances of the politi- | faction, maddened by disappointment or amour country, are governed by moral causes ; cal majority in Congress must go down before bition, may plausibly insist that action has that this country is under the dominion of the judgment of the people, and they will go been taken by the national Legislature in either moral power, and that the force of popular | down. I attempted last night to state the of its branches for the purpose of accomplishjudgment, as expressed in the presidential grounds for this judgment and to vindicate iting the success or the overthrow of a party election of the present year, will be potential || by reasons which must be most apparent to ticket or a party measure. and efficacious in itself and in its direct and every intelligent observer.
Article twelve of the amendments to the necessary consequences to terminate this pro- The Senator fron Indiana would raise a Constilution--I need not stop to quote ittracted dispute over recoustruction. That is
specter of war to fright us from our propriety; proceeds upon this same theory. And there
to prevent a just popular judgment upon the fore, as I have said once before, the simple Now, let me tell the Senator that in the real question in controversy between the great ) question is in what form we shall declare the case supposed, the case of a majority given in parties of this country. Sir, he will fail. I'bey | law so as to make the declaration certain and the adhering and regularly-organized States, were not alarmed in former years when the || ample for the occasion. I undertake to say that the Supreme Court specter of war was shaken before them. They Now, beyond all question, three communities will have its mouth opened ; there will be no went forward and they executed their purpose. known in the history of our country as States, longer any attempt to muzzle that court; we Whether it was right or wrong they bad cour. are not at this time entitled to have tbeir votes shall get its honest judgment of the legality of age and will to pursue their own course and counted in the choice of a President. I refer The system, at least of the military part of it to pronounce their own judgment; and just so to Texas, Mississippi, and Virginia. Whatever which was involved in a case pending before it will be in the elections of the present year. may be the theory of gentlemen as to the it, when the present Congress undertook to The Senator from Indiana is to go to bis peo withdraw jurisdiction by a particular bill. I ple upon the merits of this controversy and
status, politically, of these States, the bistor
ical fact is patent that the forms of government undertake to say that when the freemen of this get their judgment as freemen upon it from as thoy once existed bave been proscrater!, and, country in their sovereign capacity, upon this beginning to end. All these laws are to be in the language of the actiog President of the Fery subject of reconstruction, have pronounced passed in review, and for the first time, as I United States, "all civil government has be"heir voice, in these very ten States concerned said before, judgment is to be pronounced come extinct, unless the provisional govern Where will be acquiescence, there will be no pop- upon them; and nobody is to be frightened, ments which were set up afterward are for this ular turbulence, there will be no necessity to nobody is to be alarmed.
This people are
purpose to obtain ; and upon that I believe Tesort to force in order to carry into execution
sovereign; and their will is the fundamental nobody insists. We have presented to these the judgment of the people.
law, higher and behind even the written forms | States, in common with all the other States I do not agree with General Blair that it
of the Constitution itself. They are not to be and I make this remark now in answer to an would be necessary to overturn everything alarmed by this cry which comes up to us from observation which fell from my honorable friend und remit society back into a state of complete the Senator from Indiana.
from Pennsylvania (Mr. BUCkAlEW) yesterday disorganization. It may be thought provident Mr. CONKLING. I ask for the yeas and -the plan which, for the time being, at least, and politic to use existing forms, to give them pays on this question.
must be accepted by all concerned as the only such modification as the Constitution and the
The yeas and nays were ordered.
road leading to restoration. Neither Texas, principles of justice may require; and I have
The PRESIDENT pro tempore The ques
por Mississippi, nor Virginia has qualified itself bio doubt that there will be concurrence and tion is on the amendment of the Senator from in this the only recognized mode of represent assistance, as well as acquiescence in these New York to the amendment of the Senator ation in the Electoral College. Unless they very States themselves. They understand that from Missouri.
shall be qualified hereafter in season, beyond a majority of the adhering people of the United Mr. SHERMAN. I should like to have all question, accepting what is fixed now as States, who went to war with them and by the original resolution and the amendment legislation, however we may differ as to its prowhose patriotism and whose sacrifices the result | both read.
priety, these three States must be excluded was achieved have a moral power to determine Mr. DRAKE. I ask that all three proposi
from representation in the Electoral College. this very question of reconstruction ; and they tions that are lying on the Clerk's desk be now will acquiesce, I venture to say, promptly and read, the original resolution, tho amendment
This follows, let me stop to observe, and I will
devote a moment to it, according to the law as thoroughly in any judgment which these north
I proposed, and that offered by the Senator announced by the Supreme Court in the case ern and western populations may pronounce. from New York.
which has been quoted bere many times, and However this may be, sir, the whole point The resolution and amendments were read. as the law has been accepted always by all demade by the Senator from Indiana is answered Mr. CONKLING. Mr. President, if there
partments of the Government. It follows from by the platform itself, made before candidates be any one here who has not listened with were selected, in which the judgment of the con- pleasure to the very eloquent speeches of which power, or the political power of the country:
the theory that to Congress as the law-making vention was pronounced upon this question of this measure has been the occasion it is he belongs the recognition or the refusal to recogreconstruction, and it was handed over to the who remember, that this is the 10th of July, nize a State government in any particular State people for their judgment. There is no threat and that abundant opportunity will be afforded as the legitimate government there, because, of war, of violence, of revolution, of unlaw- on the platform and at the hustings for the although the Rhode Island case did say that to ful action. These men are freemen, loving | discussion of all those questions which have the institutions of our Government and desir
the President belonged the power to determine been so earnestly presented to-day. The propous to maintain them; and in an orderly and osition before us is an eminently practical one ;
which government he should aid by ordering legal and patriotic manner they submit this it is a proposal to do that which, properly un
troops in that instance, as I heard the honor subject of reconstruction which Congress has derstood, it seems to us, will be the subject
of | length some time ago, the court said that that
able Senator from Kentucky argue at great controlled to the decision of the masters of universal accord, if we can only hit upon the
was the result because the act of 1795 commit: Congress, the decision of the people them.
mode of bringing it about. The law as it is selves. That is all they have done in their plat
ted to the President the determination of that
, torm ; that is all they have asked of the people, as each one of these three propositions
attempts is determination to a court or to any other
question, that Congress might have committed a judgment upon the merits of this question, to declare it. und a judgment upon it for the first
time. The referring to any part of it except a single clause rogative of recognizing which government was
By the Constitution, without body known to our organism, and then the prepeople have never had an opportunity yet to of the second article, it is clearly for Congress, regular would have been located as Congress pronounce upon it, because there has been no
or for the Senate sitting in the presence of the election of inembers of Congress since 1860, H House of Representatives and counting the
had located it; but the action of the Legislature was that the act of 1795 had reposed that
power in the President, and therefore the court committee is not at liberty to move to amend Tennessee is omitted entirely. Why omit Tensaid that to him and to nobody else at that it further and make it as perfect as it can be ; nessee? Is there not as much danger in Tentime appertained the administration of that þut I certainly do not understand it as stated nessee of irregular action, of the interposition power.
by my friend. However, he may be correct. of military force, of lawless invasion, and of Mr. DAVIS. The honorable Senator, I Mr. CONKLING. I hope we shall not get eloctoral votes being sent here despite that think, has misrecollected the point that was into any controversy over so small a point. In State organization quite as bateful to the hondecided. The court did not decide that Con- committee I voted that the Senator be permit orable Senator from Kentucky and as obnoxious gress could have couferred on the President or ted to report this joint resolution, but l'accom- to his criticisms, to say the least, as the organany other power the right to recognize the gov- || panied with it the statement that I would not izations in the residue of these States, and quite ernment; but the court decided that Congress support it in the Senate as it stood. The as liable, I may say, in the face of current hismight have conferred on the President or any honorable Senator froin New Jersey [Mr. Fre- tory to be disordered and overturned as the other power the authority to determine the fact | LINGHUYSEN] did the same thing, and the chair. organization in some at least of the States whicb of an insurrection in a State.
man of the committee (Mr. TRUMBULL] did are here edumerated ? Mr. CONKLING. I should not have referred the same tbing. This point is of no importance But, Mr. President, the votes of North Car10 that case if I had supposed it would lead except that I do not want the Senate (this dis- | olina, South Carolina, Alabama, &c., are not to any controversy; but, without sending for cussion having run very wide, so that Senators to be counted upon the happening of certain the book, the point of that case, I undertake cannot be expected to follow it all the way things. Suppose that the same things oceur to say—and I submit to be tried by the honor. through and give close attention to it all) to in the State of Maryland, is the vote of Maryable Senator for my error if I commit any- take it for granted that either of these forms land to be counted? Sappose they oecur in was this: the Governor of the State of Rbode has the approbation of the Committee on the Kentucky or in New York, are the votes of Island had a right to make a requisition for || Judiciary of this body. On the contrary, we those States to be counted? If there is a troops in order to quell insurrection; and the || shall all agree that the committee decided that Sbays in Massachusetts, or a Dorr in Rhode original question in the case was which of the the measure should be reported, and that we Island, or a whisky insurrection in Pennsyltwo governments was the true one. By the act should perfect it in the Senate.
vania, or an anti-rent insurrection, which we of 1795 Congress bad reposed in the President The joint resolution offered by the honor. have had in most formidable proportions over the power of responding to a call for troops ; able Senator from Vermont proposes, naming , and over again in the State of New York, the President had responded; and the court certain States, to make a special act applicable and they prostrate the modes of election, overheld that in so responding, by that act he had to them and applicable to this one single case. turn regularity, and send by lawlessness and determined for himself and for the Govern- Why should we do that? If we are going to usurpation electors to an Electoral College, ment of the United States which was the true declare, not to bind our successors, but simply || and their votes are transmitted here, are they government in Rhode Island. Why? Because to bind ourselves in February next, what we to be counted on this occasion, or on any there resided inherently in the Executive the will do in counting votes from certain States, future occasion ? power to determine that question? Not at all; we do not need any law for that, we do not In 1864, we stood upon the law as the Conbut because Congress had invested him with need to wait here ten days for a veto and stitution makes it; as we might have stood the power; and the court say in so many words struggle to pass by a two-thirds vote over a upon it since but for these troublous times, full that Congress might have invested a judge or veto such a law; we only need a concurrent of suspicion, of discord, of animosity, and of a court with the same power, and had Congress | resolution. Why? Because it would not be elements of disturbance. But now that we done so the determination of the question by designed to apply to any case except one now do so stand, why should we adopt a provision, the court or judge so invested would have had before us, or to bind anybody except ourselves. | partial, special, technical, temporary, if we the same virtue and the same effect as they The resolution which was passed in 1866, are going to pass any law on the subject? I held attached to the determination of the Pres: || although it took the form of a joint resolution, agree that the amendment offered by my honident of the United States. But I beg my l) and not a concurrent resolution, was special | orable friend from Missouri [Mr. DRAKE) is honorable friend not to draw me into a discus- and temporary. It was sent to President Lin. an improvement upon the original proposition, sion of the particular point of that case any coln, and he signed it, and what did he say in and I shall vote for it with great pleasure if I further, as he will see that the question between doing it? He was criticised with some harsh- am unable to get the consent of the Senate to hinn and me is not important to the purpose for ness at the time for saying that, although he my own proposition. which I introduced it. I say that it has been signed it, he thought it did not pertain to him Mr. FOWLER. I desire to ask the Senator held universally by bench, bar, Government, at all; that it was a mere concurrent resolution. from New York whether bis proposition proand people, that to Congress pertained the I have here the message which he sent to the vides that in any case New York shall not be power of saying which government in a State two Houses, and I beg to read it, as it is very represented in the Electoral College? Does was regular, as an elementary proposition; and brief:
he so understand it ? when you add to that the fact that the Senate, To the honorable the Senate
Mr. CONKLING. The proposition proin the presence of the House of Representatives,
and House of Representatives :
vides that the vote of no State, whether it is is to count the votes which represent a State The joint resolution entitled "Joint resolution de- New York or any other, in which the State organization, I think I need not argue or split sharing.cortain States not entitled to representation
government has been overturned, in which bairs with the honorable Senator in order to | ecutive, in deference to the view of Congress implied there is at the time no government under come to the conclusion that in this instance, at in its passage and presentation to him. In his own which an election can be held or is held, can all events, the determination of that question is
view, however, the two Houses of Congress, convened
be counted. That is precisely what the Conreposed either with Congress or with the Sen- complete power to exclude from counting all elect- stitution says now, as I have been arguing ate sitting to count the votes in the presence oral votes deemed by them to be illegal; and it is longer than perhaps I should, to show; for of the House of Representatives.
not competent for the Executive to defeat or obstruct
when the Constitution says that electors shall Now, the question arises as to the mode of tion were at all essential in the matter. He disclaims
be chosen in such mode as the Legislature of making this declaration and making it most
all right of the Executive to interfere in any way in the State shall prescribe, if there is no legal effectual. The honorable Senator from Ver.
the matter of canvassing or counting electoral votes,
Legislature there, then electors cannot be mont advances a proposition which he speaks he has expressed any opinion on the recitals of the
chosen and votes cannot be counted. Thereof as coming from the Judiciary Committee, preamble, or any judgment of his own upon the sub- fore, it says precisely what the Constitution and in a certain sense it does come from the ject of the resolution. ABRAHAM LINCOLN.
declares it shall say, provided we are to declare Judiciary Committee. It does not, however,
EXECUTIVE Mansion, February 8, 1865.
anything on the subject. I violate no propriety in saying, come from any Why was that? What was the idea of the But I was saying that the amendment of the portion of that committee, majority or minor- President? That here was a resolution reciting || Senator from Missouri goes further than the ity, as a proposition without amendment to be certain facts about certain States relating to a original proposition, and it would, at least, supported in the Senate. The honorable Sen- certain election; and if that was all that was embrace Tennessee. I am inclined to think ator bad permission, by the votes of a majority to be done it was not for him to express any it would embrace something which the Senate of the committee, to report that proposition, opinion about it or enter into it one way or the are hardly contemplating; and I beg the Senthose who composed that very majority saying other; and no doubt he felt the delicacy of his ator's attention to these words, No State at the time that they reserved the right to per position, as he was at that time the successful heretofore in insurrection." The words are fect it, and expected it to be perfected and candidate between whom and his competitor not“ No State heretofore declared in insurchanged in the Senate.
those votes were to be counted. I agree en- rection.” Maryland was in insurrection ; and Mr. EDMUNDS. I do not so understand, || tirely that if the whole purpose is to make pro- | literally, according to this amendment as lie though it is not a matter of any very great conse- vision for a given case at this particular time, proposes it, the vote of Maryland would not quence.
We want to get it in the best form, and not to bind our successors or to make a be counted at all. and if my friend's form is the best we shall all general provision, we need nothing except the Mr. DRAKE. Will my honorable friend say “amen." The only difficulty is that a great suggestion of Mr. Lincoln, a concurrent reso- from New York be so good as to name the many of us do not see it. In committee the lution giving notice beforehand what we shall time when the State of Maryland was in insurmeasure was considered in the usual way, if it || do.
rection? is proper to state what occurred there, and the But again, the proposition of the Senator Mr. CONKLING. Oh yes, sir; I will name honorable Senator himself moved an amend- from Vermont calls by name certain States, and that time. My friend, who is a lawyer, will ment in committee which, after discussion, was says the votes from them shall not be counted remember the maxim that that is certain which agreed to, and the measure was directed to be in certain contingencies. Now, to show the can be rendered certain; and I therefore render reported, as I understood, in the ordinary way. danger of that sort of enumeration let me men- the time certain by referring to the occasion I do not mean by that that any member of the li tion that in looking over this bill I see that when George B. McOlellan, with the universal acquiescence of the loyal people of America, New York proceeds further, I wish to know but yet they may have elected these electors swept away the Legislature of the State of whether his amendment provides for this pos. under the old governments which are held by Maryland and blotted out her Statehood | sibility: in case any insurrection or disturb. those of a certain opinion to have smoldered entirely, for the reason that she was in open, ance occurs in a State between this and the and continued through the rebellion." To rampant rebellion against the Constitution of election, may Congress when it meets declare meet that the further safeguard is : the United States and the laws of Congress. such State in insurrection and refuse to count Norunless the election for electors shall bave taken I do not say it was declared by the President to its votes? Is that the Senator's understanding place under the authority of a State government se be in insurrection, and was in that sense tech- of the effect of his proposition?
recognized. nically in insurrection; nor does this amend. Mr. CONKLING. I am not sure that I
D not that provide for every case?
Mr. HOWARD. Will the Senator allow ment require that she should have been so; understand the question of the Senator. and therefore it is that I invite the attention of Mr. FOWLER. Does the Senator's propo
me to call his attention to one fact? the Senator from Missouri to the fact, that in lisition authorize Congress, when it shali meet
Mr. CONKLING. Certainly. order to exclude Maryland from the operation next winter, to say that any particular State
Mr. HOWARD. It is claimed by the Presi
dent of the United States, certainly a very of his amendment he should change its lan- may have been in insurrection; or, in other guage thus, "No State declared in insurrec- words, that there is no regularly organized
sagacious man in some respects, as well as by tion." Maryland was not so declared; but government in that State, and therefore refuse
his entire train of followers, including the practically, bistorically, politically, militarily,
whole of the Democratic party lately so ably to count its yotes? Maryland was in insurrection quite as much as Mr. CONKLING. The amendment author
represented in the New York convention, that some of these other States,
izes the Senate, in the presence of the House Congress has already recognized the Johnson Now, Mr. President, not to detain the Sen- of Representatives, to do exactly this : if votes
governments established in the ten rebellious
States. ate on this subject, I wish to suggest, as briefly shall be received purporting to come from a
Does the Senator from New York as I may, the idea with which I have proposed certain State, to pass upon the question first,
intend to leave that question open by his amendthe amendment I have submitted. It is first whether when that election took place there
ment; and does he not leave that question open to put upon the statute book a permanent pro- was a constitutional government in that State,
for discussion; and may it not happen in the vision for all cases and for all times, and a and second, whether the election was held
future that under such a provision the two provision so specific that it cannot be eluded under the auspices and authority of that gov
Houses might hold that the goveruments and cannot be baffled by the omission, acci- erument; so that, although there should be in
established under the decrees of Johnson were dental or otherwise, of any particular State-a Tennessee a regular government, as there is,
the recognized governments of the rebelStates? provision which, looking not only to the dangers | if marauders, moss troopers, a mob, a vigil
Had we not better close the door against all immediately before us, to the three States ance committee, should hold an election and
doubt on that point? I look upon it as one whose condition is special, to the residue of send electoral votes bere, the Senate would
of great delicacy, not to say difficulty, in the the eleven States, the condition of some or all
future. adjudicate that, although there was a regular of whom may be special, but looking to all the government there, the election had not been
Mr. CONKLING. I hardly think the Sen: States, shall make adequate provision. held by force of that government, and there
ator would have asked that question if he had Why should we not do that? What is the fore the votes were not entitled to he counted.
attended to the reading of the language of the object, I beg to ask the Senator from Michigan, Returning for a moment to the honorable amendment; but as he has asked it let us [Mr. Howard,] referring to a remark which Senator from Michigan, bis objection now is
examine the language once more: he made yesterday. What is the object we that my amendment embraces too much, that
Unless at the time prescribed by law for the
choice of electors there shall be in such State a gophave in view hereIt is to close the door of it is too strong, that it is a reflection upon the crament recognized by Congress as regular and perthe Electoral College against all those not en- States which bave not been in insurrection. manent, and not provisional only. titled to enter. The Senator assents to that, I thought I heard him say last night that the Upon that language I have two points to as he must. That is what we are all driving objection to it was that it was - velvet-clawed." which I should like to direct the Senator's atat. The object is to close the door of the I think he used that very expression.
tention. "Unless there shall be in such State Electoral College against all States not entitled Mr. HOWARD. * Velvet-footed."
a government.” What does that imply? A Then why not say so?
Mr. CONKLING. I beg pardon, "velvet- government in existence, not merely a gove Mr. HOWARD. Against those mentioned footed," a troop of horse shod with felt. That ernment in theory. I have not a right to sas in the bill.
was the idea, that the oars were mufled, that that? Because the subsequent provision is Mr. CONKLING. Does the honorable Sen- there was not spattering enough, that the words that the election must bave been beld under ator mean that if between now and the elec- were not valiant enough, that there was some the authority of that goverament. Therefore tion an outbreak should occur in some State bravery or some virtue in calling these States is it not merely hypercritical, but is it not not mentioned in the bill, in consequence of by name and saying something snappy and going a bow-shot beyond hypercriticism for the which the same state of things legally should crisp with regard to them. I differ entirely Senator to insist that this might be held to come about which he fears, he would be in favor with that criticism. I do not think that using mean the Johnson provisional governments
, of counting those votes? I beg the Senator to strong words or having anything declamatory when, in the first place, in every one of these let me know what he means by saying those in a bill makes anything for it. On the con- States the ground is occupied by a later goymentioned in the bill."
trary, when you say that no State shall be per- ernment substituted foroit, and when the Mr. HOWARD. I have this to say: I do | mitted to do a certain thing under certain cir- amendment expressly provides that every gove not anticipate any further insurrection in the cumstances, that includes all States. A very ernment which has been recognized merely as States at present; and least of all do I antici. old lawyer in my State once said to a nervous provisional is denounced by its terms, and pate any insurrection in the loyal States; and client who was troubling him about a contract, that electoral votes coming from such a gove to pass such a law as that which is contem- thinking the thing was not sufficiently de- ernment as that shall not in any event be couplated by the amendment of the Senator from scribed, that it did not say all that was neces- sidered. New York appears to me to be a very unne, sary. Never mind; when you said that you Mr. HOWARD. The honorable Senator cessary and gratuitous reflection upon the loyal sold a horse, that meauit that you sold his head will not fail to observe that Mr. Johnsop and States of the Union who have never rebelled, and his tail and his mane and all the rest of his followers do not regard those governments and who never intend to go into a state of him, just as if you wrote it all down." So 1 established by him as provisioual governments. insurrection. “Sufficient unto the day is the think when you say that votes shall not be They are spoken of by him and them as the evil
thereofP-a very sound and ancient maxim. counted from any State whatever, in which permanent lawful governments of the States, When one of the loyal States goes into rebel such a condition of things exists as is here and in no sense provisional. The addition of lion, I take it we can deal with it as the occa- described, that is no more velvet-footed, it 18 the word “only" certainly gives no force to sion requires.
no more squeamish or mealy-mouthed than it the language. Mr. CONKLING. Well, Mr. President, I would be if you wrote in the names of all Mr. COÑKLING. The honorable Senator am very glad that the honorable Senator has these States and called them some hard name loses sight of the parties to this controversy. reversed the current of his objection, as he has besides.
The bill is not providing in reference to go done, if I understood him correctly last night. Now, Mr. President, there is no doubt whatHe says now that he does not anticipate chat ever as to the meaning of this provision as it providing for governments recognized by Con
ernments recognized by the President; it is any of the loyal States will have an insurrec. will stand in the light in which it was criticised gress; and does the Senator say that Congress, tion. Does he anticipate, I should like to last evening by the Senator:
even if it can be said that those governments inquire of him, that those governments which
Unless at the time prescribed by law for the choice we have been setting up will fall down before
were eyer recognized at all by Congress, recof electors there shall be in such State a government ognized them in any sense except as provisNovember?
recognized by Congress. Mr. HOWARD. No, sir. Stopping there the criticism might be that language of the statutes, several of them, is the
jonal and temporary governments merely? The Mr. CONKLING. "l'hen this, as I said Congress had recognized the provisional gov. precise language here. "I not only say that before, is a declaratory measure for abundant ernments in the South, or had in time gone by votes shall be counted from a government which caution, to provide for possible contingencies, | recognized the old governments. Therefore has been recognized as provisional, but I add and that is all it is. Then why does the Senthe provision is:
after provisional" the word "only," and ator say that it is a reflection to suppose tbat, Unless there shall be in such State a government therefore, how
does the Senator make headway within the range of possibility, things which recognized by Congress as regular and permanent have occurred in the loyal States in the past and not provisional only.
when he argues that the President has recogs may be repeated in the future at some time.
Stopping there the criticism might be, ognized them? That is the point.
nized those governments? Has Congress recMr. FOWLER. Before the Senator from | "True, there may be such a government there,
Mr. HOWARD. I do not argue that there