bate in the Senate. I was very unwilling that that should be changed. If the House of Representatives, for its own convenience and in order to accomplish business, finds it necessary to adopt another rule, that rule can be adopted by the House as applicable to its own proceedings, but not here; and hence I was opposed to that particular provision, and thought it unwise so far as we were concerned.

"My judgment was that every thing that was necessary could be accomplished by the mere appointment of a joint committee of the two Houses; that it was not necessary to provide that all the credentials of members should be referred to that committee. There was an apparent constitutional objection to it; and there is much force in the argument that if that should be done, and the provision retained that no action should be had until there was a report from that committee, constituted as the committee is to be, each House is putting into the hands of the other a power to control its action in a matter which, by the Constitution, is left to itself. I might have been willing even to strain a little upon that point had I conceived that there was any danger; but, sir, when we come to look at it, a committee is appointed by the ordinary rules of proceeding; every thing relating to the proper subjectmatter, referred to that committee goes there; no harm would happen from a discussion in this body on that subject; it would very soon be settled, and we should avoid the apparent difficulty that arose with reference to what was our constitutional duty. I was not frightened by any idea that it was necessary now to tie up this body or that body by a joint rule which could not be altered without the assent of the other, because, on such a subject, a majority at any time will rule. If this body chooses at any time to become false to its duty, it will find a way to accomplish the wrong; and so will it be with the House of Representatives.

"If the members of that body are, as I believe they will be, firm in their convictions of right and what the good of the country requires, there is no need of putting them under the control of the Senate in order to keep them so. Hence I agree with the honorable Senator who moved this amendment that it is best to strike out that clause, and simply appoint a committee, and then if the Senate chooses to pass a rule of its own to refer all the papers on this subject, even credentials, to that committee, so be it; it will have the control of that subject: and if the House of Representatives, on the other hand, chooses to do the same thing, so be it; it will have the control of its own action, and we have accomplished the great purpose, which is to put the consideration of the question which lies at the foundation of this subject of the admission of members into the hands of a joint committee to be thoroughly consulted upon and considered. That is the only ground upon which my judgment

coincides with that of the honorable Senator from Rhode Island.

"My friend from Michigan (Mr. Howard) will allow me to say to him that I do not think the question of whether the men who may present themselves as members are fit to come in now, or whether the States of which they profess to be the representatives are fit to come in now and act with us and ought to be admitted to do so, is involved in this question at all. He has argued it as if by striking out this portion of the resolution we have settled that. By no manner of means. If it would do so, I would vote with him. We are only settling, on the contrary, that that question shall be deferred until a committee of both branches have thoroughly considered it and reported to this body: and certainly I shall go with him, as long as I believe that committee is doing its duty, in opposing action upon the subject committed to it until it is ready to enlighten us with the information it may have received and the conclusions to which it may have arrived. I say this simply to bar the inference that by this action in amending it any one who may vote for it means to say or intimate that he is ready to act upon that question now and admit anybody from any of these so-called Confederate States. Certainly I am not one of them, and yet I shall vote with the honorable Senator from Rhode Island.

"Allow me to say, sir, in closing, one thing which I may as well say now in the beginning of the session, because it is the principle which I intend shall guide my action, and I hope will guide the action of all of us. We have just gone through a state of war. While we were in it, it became necessary all around to do certain things for which perhaps no strict warrant will be found; contrary, at any rate, to previous experience. That I admit most distinctly. Sir, I defended them from the beginning. I laid down the principle that the man who, placed in a position such as the President and other officers occupied, would not, in a time of war, and when his country was in peril, put his own reputation at hazard as readily as he would any thing else in order to do his duty, was not fit for his place. I upheld many things then that perhaps I would not uphold now, be cause they are not necessary. The time must come when the Senate and House of Representatives, the Congress, must revert to its own original position. I do not think there will be the slightest danger; I have no apprehension of any; but if I act upon different principles now and hereafter in a state of peace, from those which I adopted and defended before, I wish everybody to understand the reason for it. In all countries, in all nations in a time of extreme peril, extreme and somewhat questionable measures are inevitable."

The amendment was agreed to.

Mr. Cowan, of Pennsylvania, moved further to amend the resolution by striking out the word "nine" in the second line and inserting

the word "six." The amendment was lost yeas 14, nays 29.

Mr. Saulsbury, of Delaware, followed, saying: "This resolution, as it exists now, is very objectionable to my mind. It is for the appointment of a committee of the two Houses to determine and to report upon, what? The right of representation of eleven States in this body. What determines the rights of those States to representation here? Is it the views of the members of the House of Representatives? Do we stand in need of any light, however bright it may be, that may come from that distinguished quarter? Are we going to ask them to illuminate us by wisdom, and to report the fact to us whether those States are entitled to representation on this floor?

"Mr. President, on the first day of your assemblage after the battle of Manassas you and they declared, by joint resolution, that the object for which the war was waged was for no purpose of conquest or subjugation, but it was to preserve the Union of the States and to maintain the rights, dignity, and equality of the several States unimpaired. While that war was being waged there was no action, either of this House or of the House of Representatives, declaring that when it was over the existence of those States should be ignored or their right to representation in Congress denied. Throughout the whole contest the battlecry was "the preservation of the Union" and "the Union of the States." If there was a voice then raised that those States had ceased to have an existence in this body, it was so feeble as to be passed by and totally disregarded.

"Sir, suppose this committee should report that those States are not entitled to representation in this body, are you bound by their action? Is there not a higher law, the supreme law of the land, which says, if they be States that they shall each be entitled to two Senators on this floor? And shall a report of a joint committee of the two Houses override and overrule the fundamental law of the land? Sir, it is dangerous as a precedent, and I protest against it as a humble member of this body. If they be not States, then the object avowed for which the war was waged was false."

Mr. Doolittle added: "I feel called upon to say, in relation to this matter, that inasmuch as the Senate and House of Representatives are not put upon a footing of equality in the committee, I am constrained to vote against the resolution. As my friends around me all know, I have uniformly stated to them that I could not vote for the resolution if they were not put upon a footing of equality."

Mr. Hendricks, of Indiana, said: "I shall vote against this resolution because it refers to a joint committee a subject which, according to my judgment, belongs exclusively to the Senate. I know that the resolution no longer provides in express terms that the Senate, pending the continuance of the investigation of this

committee, will not consider the question of credentials from these States, but in effect it amounts to that."

Mr. Trumbull, of Illinois, said: "If I understood the resolution as the Senator from Indiana does, I should certainly vote with him; but I do not so understand it as it has been amended. That was the very objection to the resolution in the form in which it came from the House of Representatives, but as it has been amended it is simply a resolution that a joint committee be raised to inquire into the condition of the States which formed the so-called Confederate States of America, and to report whether they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise. It is true, as the Senator says, that after having raised this committee, the Senate will not be likely to take action in regard to the admission of the Senators from any of these States until the committee shall have had a reasonable time at least to act and report; but it is very desirable that we should have joint action upon this subject. It would produce a very awkward and undesirable state of things in the mind, I doubt not, of the Senator from Indiana himself, if the House of Representatives were to admit members from one of the lately rebellious States and the Senate were to refuse to receive Senators from the same State.

"We all know that the State organizations in certain States of the Union have been usurped and overthrown. This is a fact of which we must officially take notice. There was a time when the Senator from Indiana, as well as myself, would not have thought of receiving a Senator from the Legislature or what purported to be the Legislature of South Carolina. When the people of that State, by their representatives, undertook to withdraw from the Union and set up an independent government in that State in hostility to the Union, when the body acting as a Legislature there was avowedly acting against this Government, neither he nor I would have received representatives from it. That was a usurpation which by force of arms we have put down. Now the question arises, has a State Government since been inaugurated there entitled to representation? Is not that a fair subject of inquiry? Ought we not to be satisfied upon that point? We do not make such an inquiry in reference to members that come from States which have never undertaken` to deny their allegiance to the Government of the United States. Having once been admitted as States, they continue so until by some positive act they throw off their allegiance, and assume an attitude of hostility to the Government, and make war upon it; and while in that condition I know we should all object that they, of course, could not be represented in the Congress of the United States. Now, is it not 9 proper subject for inquiry to ascertain whether they have assumed a position in harmony with the Government; and is it not proper that that

inquiry should be made the subject of joint action?"

Mr. Dixon, of Connecticut, said: "I desire to offer a proviso by way of amendment, and I will only say that without such proviso I cannot vote for the resolution. My amendment is, after the words 'bill or otherwise' to insert: Provided, That nothing herein contained shall be so constructed as to limit, restrict, or impair the right of each House at all times to judge of the elections, returns, and qualifications of its own mem

bers.

Mr. Guthrie, of Kentucky, said: "I wish to ask the friends of this resolution if it is contemplated that this committee shall take evidence and report that evidence to the two Houses. If they are only to take what is open to every member of the Senate, the fact that the rebellion has been suppressed; the fact that the President of the United States has appointed officers to collect the taxes, and in some instances judges and other officers; that he has sent the post-office into all the States; that there have been found enough individuals loyal to the country to accept the offices; the fact that the President has issued his proclamation to all these States appointing provisional governors; that they have all elected conventions; that the conventions have rescinded the ordinances of secession; that most of them have amended their constitutions and abolished slavery, and the Legislatures of some of them have passed the amendment to the Constitution on the subject of slavery-if they are only to take these facts which are open and clear to us all, I can see no necessity for such a committee. My principal objection to the resolution is, that this committee can give us no information which we do not now possess, coupled with the fact that the loyal conservative men of the United States, North, South, East, and West, do most earnestly desire that we shall so act that there shall be no longer a doubt that we are the United States of America in full accord and harmony with each other.

"I know it has been said that the President had no authority to do these things. I read the Constitution and the laws of this country differently. He is to "take care that the laws be faithfully executed;" he is to suppress insurrection and rebellion. The power is put in his hands, and I do not see why, when he marches into a rebel State, he has not authority to put down a rebel government and put up a government that is friendly to the United States, and in accordance with it; I do not see why he cannot do that while the war goes on, and I do not see why he may not do it after the war is over. The people in those States He at the mercy of the nation. I see no usurpation in what he has done, and if the work is well done, I, for one, am ready to accept it. Are we to send out a commission to see what the men whom he has appointed have done? It is said that they are not to be relied on; that they have been guilty of treason, and we

will not trust them. I hope that no such ideas will prevail here. I think this will be a cold shock to the warm feelings of the nation for restoration, for equal privileges, and equal rights. They were in insurrection. We have suppressed that insurrection. They are now States of the Union; and if they come here according to the laws of the States, they are entitled, in my judgment, to representation, and we have no right to refuse it. They are in a minority, and they would be in a minority even if they meant now what they felt when they raised their arms against the Government; but they do not, and of those whom they will send here to represent them, nineteen out of twenty will be just as loyal as any of us-even some of those who took up arms against us.”

The question being taken by yeas and nays, on the amendment of Mr. Dixon, resultedyeas 12, nays 31.

So the amendment was rejected.

The question on concurring in the resolution as amended being taken by yeas and nays, resulted as follows:

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Creswell, Fessenden, Foot, Foster, Grimes, Kansas, Morgan, Morrill, Norton, Nye, Poland, PomHarris, Howard, Howe, Lane of Indiana, Lane of eroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, and Yates-33.

NAYS-Messrs. Buckalew, Cowan, Dixon, Doolit tle, Guthrie, Hendricks, Johnson, Riddle, Saulsbury, Stockton, and Wright-11.

ABSENT-Messrs. Cragin, Davis, Henderson, McDougal, and Nesmith-5.

So the resolution, as amended, was concurred in, as follows:

ate concurring), That a joint committee of fifteen Resolved by the House of Representatives (the Senmembers shall be appointed, nine of whom shall be members of the House, and six members of the Senate, who shall inquire into the condition of the States America, and report whether they, or any of them, are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise.

which formed the so-called Confederate States of

cisely similar or very nearly similar to the provision which the Senate has stricken out, only applicable to the House alone. I merely give that notice now. I cannot move it as an amendment to this resolution, because that would send the resolution back to the other House, which is not desirable."

Mr. Raymond, of New York, said: "I wish to inquire, not being versed in the usages of the House, or its rules, whether this clause of the Constitution does not apply. It is the seventh section of the first article of the Constitution:

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

"I do not understand how that can be evaded. It is possible that the usages of the House may dispense with it."

Mr. Stevens, of Pennsylvania, replied: "Under the usage of the House, a resolution in this form is never sent to the President, and it is not desired that this resolution should be. I know it has not been the practice heretofore to send such resolutions to the President."

The amendments of the Senate were then agreed to.

In the House on December 14th, the Speaker announced the following members of the joint committee on the part of the House: Messrs. Thaddeus Stevens of Pennsylvania, Elihu B. Washburne of Illinois, Justin S. Morrill of Vermont, Henry Grider of Kentucky, John A. Bingham of Ohio, Roscoe Conkling of New York, George S. Boutwell of Massachusetts, Henry T. Blow of Missouri, and Andrew J. Rogers of New Jersey.

In the Senate, on December 21st, the following members were announced by the President pro tem. Messrs. Fessenden, Grimes, Harris, Howard, Johnson, Williams.

In the Senate, on December 19th, Mr. Anthony, of Rhode Island, offered the following:

Resolved, That until otherwise ordered, all papers presented to the Senate relating to the condition and title to representation of the so-called Confederate States, shall be referred to the joint committee upon that subject.

It was laid over until January 16th, when it was considered. A debate arose on the question whether the resolution embraced the credentials of Senators. Mr. Doolittle, of Wisconsin, moved to insert the words "except credentials," and the debate was not concluded.

In the Senate, on January 12th, Mr. Fessenden, of Maine, offered the following, which was agreed to:

Resolved by the Senate (the House of Representatives concurring), That the joint committee appointed to inquire into the condition of the States which formed the so-called Confederate States be authorized to send for persons and papers.

The same resolution was agreed to in the House on January 16th-yeas 125, nays 35.

In the Senate, on January 30th, Mr. Fessenden, of Maine, offered a joint resolution, appropriating $10,000, or so much thereof as might be necessary for the expenses of the committee. for witnesses, travelling expenses, etc., which was passed. It subsequently passed the House on February 7th, and was approved by the President on February 10th.

In the Senate, on February 1st, Mr. Brown, of Missouri, offered the following resolution, which was agreed to:

tion be directed to inquire into the expediency of Resolved, That the joint Committee on Reconstrucamending the Constitution of the United States so as to declare with greater certainty the power of Congress to enforce and determine by appropriate legis. lation all the guaranties contained in that instrument, and more especially, first, that which recites the people, without distinguishing them by color or race, as those who are to choose Representatives; second, that which assures the citizens of each State all privileges and immunities of citizens in the several States;

third, that which enjoins upon the United States the guaranty to every State in the Union of a republican form of government.

In the Senate, on February 10th, Mr. Wilson, of Massachusetts, offered the following resolution, which was agreed to:

Resolved, That the Committee on Reconstruction be directed to inquire into and report how far the States with the terms proposed by the President as condi lately in rebellion, or any of them, have complied tions precedent to their resumption of practical relations with the United States, which terms and conditions were as follows, namely:

1. That the several State constitutions should be amended by the insertion of a provision abolishing slavery.

2. That the several State conventions should de

clare null and void the ordinances of secession and the laws and decrees of the Confederacy.

3. That the several State Legislatures should ratify the amendment to the Federal Constitution abolishing slavery.

4. That the rebel debt, State and Confederate, should be repudiated.

5. That civil rights should be secured by laws applicable alike to whites and blacks.

their substance, impeding their culture, and impair, ing their happiness; and whereas the class rule and aristocratic element of slaveholding which found a place in our Republic has proved itself, in like manner, hurtful to our people, by degrading labor and prohibiting popular education in a large section of the country; by striving to rend our Union in fragments; by causing the blood of hundreds of thousands of patriots to flow, and by compelling the people to impose on themselves a debt of European magnitude in defence of liberty, nationality, and

civilization on this continent: Therefore

Resolved (as the sense of this House), That once for all we should have done with class rule and aristocracy as a privileged power before the law in this nation, no matter where or in what form they may appear; and that, in restoring the normal relations of the States lately in rebellion, it is the high and sacred duty of the Representatives of the people to proceed upon the true, as distinguished from the false, democratic principle, and to realize and secure the largest attainable liberty to the whole people of the Republic, irrespective of class or race.

On the same day, on a motion to refer the President's message to the respective committees in the House, Mr. Stevens, of Pennsylvania, expressed his views on the state of the country. After advancing reasons to prove it to be the duty of Congress to "create States and declare when they are entitled to be represented," he said:

"It is obvious from all this that the first duty of Congress is to pass a law declaring the condition of these outside or defunct States, and providing proper civil governments for them. Since the conquest they have been governed by martial law. Military rule is necessarily despotic, and ought not to exist longer than is absolutely necessary. As there are no symptoms that the people of these provinces will be prepared to participate in constitutional government for some years, I know of no arrangement so proper for them as territorial governments. There they can learn the principles of freedom, and eat the fruit of foul rebellion. Under such governments, while electing members to the Territorial Legislatures, they will necessarily mingle with those to whom Congress shall extend the right of suffrage. In Territories, Congress fixes the qualifications of electors; and I know of no better place nor better occasion for the conquered rebels and the conqueror to practise justice to all men, and accustom themselves to make and to obey equal laws.

"As these fallen rebels cannot at their option reinter the heaven which they have disturbed, the garden of Eden which they have deserted, and flaming swords are set at the gates to secure their exclusion, it becomes important to the welfare of the nation to inquire when the doors shall be reopened for their admission.

"According to my judgment they ought never to be recognized as capable of acting in the Union, or of being counted as valid States, until the Constitution shall have been so amended as to make it what its framers intended; and so as to secure perpetual ascendency to the party of the Union; and so as to render our

republican government firm and stable forever. The first of those amendments is to change the basis of representation among the States from Federal numbers to actual voters. Now all the colored freemen in the slave States, and threefifths of the slaves, are represented, though none of them have votes. The States have

nineteen representatives of colored slaves. If the slaves are now free then they can add, for the other two-fifths thirteen more, making the slave representationtion thirty-two. I suppose the free blacks in those States will give at least five more, making the representation of nonvoting people of color about thirty-seven. Tho whole number of representatives now from the slave States is seventy. Add the other twofifths and it will be eighty-three.

"If the amendment prevails, and those States withhold the right of suffrage from persons of color, it will deduct about thirty-seven, leaving them but forty-six. With the basis unchanged, the eighty-three Southern members, with the Democrats that will in the best times be elected from the North, will always give them a majority in Congress and in the electoral college. They will at the very first election take possession of the White House and the halls of Congress. I need not depict the ruin that would follow. Assumption of the rebel debt or repudiation of the Federal debt would be sure to follow. The oppression of the freedmen; the reamendment of their State constitutions, and the reestablishment of slavery would be the inevitable result. That they would scorn and disregard their present constitutions, forced upon them in the midst of martial law, would be both natural and just. No one who has any regard for freedom of elections can look upon those governments, forced upon them in duress, with any favor. If they should grant the right of suffrage to persons of color, I think there would always be Union white men enough in the South, aided by the blacks, to divide the representation, and thus continue the Republican ascendency. If they should refuse to thus alter their election laws, it would reduce the representatives of the late slave States to about forty-five, and render them powerless for evil. It is plain that this amendment must be consummated before the defunct States are admitted to be capable of State action, or it never can be...

"The proposed amendment to allow Congress to lay a duty on exports is precisely in the same situation. Its importance cannot well be overstated. It is very obvious that for many years the South will not pay much under our internal revenue laws. The only article on which we can raise any considerable amount is cotton. It will be grown largely at once. With ten cents a pound export duty it would be furnished cheaper to foreign markets than they could obtain it from any other part of the world. The late war has shown that. Two million bales exported, at five hundred pounds to the bale, would yield $100,000,000. This