the President to be necessary for the protection | To force negro suffrage upon any State by means and benefit of all, and in the opinion of the un- of a penalty of a loss of part of its representadersigned they are amply sufficient. Why ex- tion, will not only be to impose a disparaging act, as a preliminary condition to representa- condition, but virtually to interfere with the tion, more? What more are supposed to be clear right of each State to regulate suffrage for necessary? First, the repudiation of the rebel itself, without the control of the Government of debt; second, the denial of all obligation to pay the United States. Whether that control be exfor manumitted slaves; third, the inviolability erted directly or indirectly, it will be considered, of our own debt. If these provisions are deemed as it is, a fatal blow to the right which every necessary, they cannot be defeated, if the South State in the past has held vital, the right to were disposed to defeat them, by the admission regulate her franchise. into Congress of their representatives. Nothing is more probable, in the opinion of the under-particular way, so as to give to all classes of the signed, than that many of the southern States would adopt them all; but those measures the committee connect with others which we think the people of the South will never adopt. They are asked to disfranchise a numerous class of their citizens, and also to agree to diminish their representation in Congress, and of course in the electoral college, or to admit to the right of suffrage their colored males of twenty-one years of age and upwards, (a class now in a condition of almost utter ignorance,) thus placing them on the same political footing with white citizens of that age. For reasons so obvious that the dullest may discover them, the right is not directly asserted of granting suffrage to the negro. That would be obnoxious to most of the Northern and Western States, so much so that their consent was not to be anticipated; but as the plan adopted, because of the limited number of negroes in such States, will have no effect on their representation, it is thought it may be adopted, while in the southern States it will materially lessen their number. That these latter States will assent to the measure can hardly be expected. The effect, then, if not the purpose, of the measure is forever to deny representatives to such States, or, if they consent to the condition, to weaken their representative power, and thus, probably, secure a continuance of such a party in power as now control the legislation of the Government. The measure, in its terms and its effect, whether designed or not, is to degrade the southern States. To consent to it will be to consent to their own To punish a State for not regulating it in a people the privilege of suffrage, is but seeking to accomplish incidentally what, if it should be done at all, should be done directly. No reason, in the view of the undersigned, can be suggested for the course adopted, other than a belief that such a direct interference would not be sanctioned by the northern and western States, while, as regards such States, the actual recommendation, because of the small proportion of negroes within their limits, will not in the least lessen their representative power in Congress or their influence in the presidential election, and they may therefore sanction it. This very inequality in its operation upon the States renders the measure, in our opinion, most unjust, and, looking to the peace and quiet of the country, most impolitic. But the mode advised is also not only without but against all precedent. When the Constitution was adopted it was thought to be defective in not sufficiently protecting certain rights of the States and the people. With the view of supplying a remedy for this defect, on the 4th March, 1789, various amendments by a resolution constitutionally passed by Congress were submitted for ratification to the States. They were twelve in number. Several of them were even less independent of each other than are those recommended by the committee. But it did not occur to the men of that day that it was right to force the States to adopt or reject all. Each was, therefore, presented as a separate article. The language of the resolution was, "that the following articles be proposed to the legislatures of the The manner, too, of presenting the proposed several States as amendments of the Constitution constitutional amendment, in the opinion of the of the United States, ALL OR ANY OF WHICH undersigned, is impolitic and without precedent. ARTICLES, when ratified by three-fourths of the The several amendments suggested have no con- said legislatures, to be valid to all intents and nection with each other; eacli, if adopted, would purposes as parts of the Constitution. The Conhave its appropriate effect if the others were re-gress of that day was willing to obtain either jected; and each, therefore, should be submitted as a separate article, without subjecting it to the contingency of rejection if the States should refuse to ratify the rest. Each by itself, if an advisable measure, should be submitted to the people, and not in such a connection with those which they may think unnecessary or dangerous as to force them to reject all. The repudiation of the rebel debt, and all obligation to compensate for the loss of slave property, and the inviolability of the debts of the Government, no matter how contracted, provided for by some of the sections of the amendment, we repent, we believe would meet the approval of many of the southern States; but these no State can sanction without sanctioning others, which we think will not be done by them or by some of the northern States. dishonor. of the submitted amendments-to get a part, if not able to procure the whole. They thought (and in that we submit they but conformed to the letter and spirit of the amendatory cause of the Constitution,) that the people have the right to pass severally on any proposed amendments. This course of our fathers is now departed from, and the result will probably be that no one of the suggested amendments, though some may be approved, will be ratified. This will certainly be the result, unless the States are willing practically to relinquish the right they have always enjoyed, never before questioned by any recognized statesman, and all-important to their interest and security-the right to regulate the franchise in all their elections. There are, too, some general considerations that bear on the subject, to which we will now | proclamations of amnesty issued by Mr. Lincoln refer. and his successor under the authority of Congress First. One of the resolutions of the Chicago are also inconsistent with the idea that the convention, by which Mr. Lincoln was first nomi- parties included within them are not to be held, nated for the presidency, says, "that the main-in the future, restored to all rights belonging to tenance inviolate of the rights of the States is es- them as citizens of their respective States. A sential to the balance of power on which the power to pardon is a power to restore the offender prosperity and endurance of our political fabric to the condition in which he was before the date depend." In his inaugural address of 4th March, of the offence pardoned. 1861, which received the almost universal appro- It is now settled that a pardon removes not val of the people, among other things he said, only the punishment, but all the legal disabili"no State of its own mere motion can lawfully ties consequent on the crime. (7 Bac. Ab. Tit. get out of the Union;" and that "in view of the Par.) Bishop on Criminal Law (vol. 1, p. 713) Constitution and the laws, the Union is un-states the same doctrine. The amnesties so debroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States." Second. Actual conflict soon afterwards ensued. The South, it was believed, misapprehended the purpose of the Government in carrying it on, and Congress deemed it imporant to dispel that misapprehension by declaring what the purpose was. This was done in July, 1861, by their passing the following resolution, offered by Mr. Crittenden : That in this national emergency, Congress, banishing all feeling of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged, upon our part, in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution, and to preserve the Union, with all the dignity, equality, and rights of the several States unimpaired; that as soon as these objects are accomplished, the war ought to cease.' The vote in the House was 119 for and 2 against it, and in the Senate 30 for and 5 against it. The design to conquer or subjugate, or to curtail or interfere in any way with the rights of the States, is in the strongest terms thus disclaimed, and the only avowed object asserted to be "to defend and maintain the spirit of the Constitution, and to preserve the Union, AND THE DIGNITY, EQUALITY, AND RIGHTS OF THE SEVERAL STATES UNIMPAIRED." Congress, too, by the act of 13th July, 1861, empowered the President to declare, by proclamation," that the inhabitants of such State or States where the insurrection existed are in a state of insurrection against the United States," and thereupon to declare that "all commercial intercourse by and between the same, by the citizens thereof and the citizens of the United States, shall cease and be unlawful so long as such condition of hostility shall continue." Here, also, Congress evidently deals with the States as being in the Union and to remain in the Union. It seeks to keep them in by forbidding commercial intercourse between their citizens and the citizens of the other States so long, and so long only, as insurrectionary hostility shall continue. That ended, they are to be, as at first, entitled to the same intercourse with citizens of other States that they enjoyed before the insurrection. In other words, in this act, as in the resolution of the same month, the dignity, equality, and rights of such States (the insurrection ended) were not to be held in any respect impaired. The several clared would be but false pretences if they were, as now held, to leave the parties who have availed themselves of them in almost every particular in the condition they would have been in if they had rejected them. Such a result, it is submitted, would be a foul blot on the good name of the nation. Upon the whole, therefore, in the present state of the country, the excitement which exists, and which may mislead legislatures already elected, we think that the matured sense of the people is not likely to be ascertained on the subject of the proposed amendment by its submission to existing State legislatures. If it should be done at all, the submission should either be to legislatures hereafter to be elected, or to conventions of the people chosen for the purpose. Congress may select either mode, but they have selected neither. It may be submitted to legislatures already in existence, whose members were heretofore elected with no view to the consideration of such a measure; and it may consequently be adopted, though a majority of the people of the States disapprove of it. In this respect, if there were no other objections to it, we think it most objectionable. Whether regard be had to the nature or the terms of the Constitution, or to the legislation of Congress during the insurrection, or to the course of the judicial department, or to the conduct of the executive, the undersigned confidently submit that the southern States are States in the Union, and entitled to every right and privilege belonging to the other States. If any portion of their citizens be disloyal, or are not able to take any oath of office that has been or may be constitutionally prescribed, is a ques tion irrespective of the right of the States to be represented. Against the danger, whatever that may be, of the admission of disloyal or disqualified members into the Senate or House, it is in the power of each branch to provide against by refusing such admission. Each by the Constitution is made the judge of the election returns and qualifications of its own members. No other department can interfere with it. Its decision concludes all others. The only corrective, when error is committed, consists in the responsibility of the members to the people. But it is believed by the undersigned to be the clear duty of each house to admit any Senator or Representative who has been elected according to the constitutional laws of the State, and who is able and willing to subscribe the oath required by constitutional law. It is conceded by the majority that "it would of time; while its opposite cannot fail to keep us divided, injuriously affect the particular and general welfare of citizen and Government, and, if long persisted in, result in danger to the nation. In the words of an eminent British whig statesman, now no more, "A free constitution and large exclusions from its benefit cannot subsist together; the constitution will destroy them, or they will destroy the constitution." It is hoped that, heeding the warning, we will guard against the peril by removing its cause. The undersigned have not thought it necessary to examine into the legality of the measures adopted, either by the late or the present President, for the restoration of the southern States. It is sufficient for their purpose to say that, if those of President Johnson were not justified by the Constitution, the same may at least be said of those of his predecessor. We deem such an examination to be unnecessary, because, however it might result, the people of the several States undoubtedly be competent for Congress to waive all formalities, and to admit those Confederate States at once, trusting that time and experience would set all things right." It is not, therefore, owing to a want of constitutional power that it is not done. It is not because such States are not States with republi an forms of government. The exclusion must therefore rest on considerations of safety or of expediency alone. The first, that of safety, we have already considered, and, as we think, proved it to be without foundation. Is there any ground for the latter expediency? We think not. On the contrary, in our judgment, their admission is called for by the clearest expediency. Those States include a territorial area of 850,000 square miles, an area larger than that of five of the leading nations of Europe. They have a coast line of 3,000 miles, with an internal water line, including the Mississippi, of about 36,000 miles. Their agricultural products in 1850 were about $560,000,000 in value, and their population 9,664,656. Their staple pro-who possessed, as we have before said, the exductions are of immense and growing importance clusive right to decide for themselves what and are almost peculiar to that region. That the constitutions they should adopt, have adopted North is deeply interested in having such a those under which they respectively live. The country and people restored to all the rights and motives of neither President, however, whether privileges that the Constitution affords no sane the measures were legal or not, are liable to man, not blinded by mere party considerations, censure. The sole object of each was to effect or not a victim of disordering prejudice, can for a complete and early union of all the States, a moment doubt. Such a restoration is also neces- to make the General Government, as it did at sary to the peace of the country. It is not only first, embrace all, and to extend its authority important but vital to the potential wealth of and secure its privileges and blessings to all which that section of our country is capable, alike. The purity of motive of President Johnthat cannot otherwise be fully developed. Every son in this particular, as was to have been exhour of illegal political restraint, every hour the pected, is admitted by the majority of the possession of the rights the Constitution gives is committee to be beyond doubt; for, whatever denied, is not only in a political but a material was their opinion of the unconstitutionality of sense of great injury to the North as well as to his course, and its tendency to enlarge the exthe South. The southern planter works for his ecutive power, they tell us that they "do not northern brethren as well as for himself. His for a moment impute to him any such design labors heretofore inured as much if not more to but cheerfully concede to him the most patriotic their advantage than to his. Whilst harmony motives." And we cannot forbear to say, in in the past between the sections gave to the whole conclusion, upon that point, that he sins against a prosperity, a power, and a renown of which light, and closes his eyes to the course of the every citizen had reason to be proud, the resto- President during the rebellion, from its incepration of such harmony will immeasurably in- tion to its close, who ventures to impeach his crease them all. Can it, will it be restored as patriotism. Surrounded by insurrectionists, he long as the South is kept in political and dishon-stood firm. His life was almost constantly in oring bondage? and can it not, will it not be restored by an opposite policy? By admitting her to all the rights of the Constitution, and by dealing with her citizens as equals and as brothers, not as inferiors and enemies, such a course as this will, wo are certain, soon be seen to bind them heart and soul to the Union, and inspire them with confidence in its government, by making them feel that all enmity is forgotten, and that justice is being done to them. The result of such a policy, we believe, will at once make us in very truth one people, as happy, as prosperons, and as powerful as ever existed in the tide peril, and he clung to the Union, and discharged all the obligations it imposed upon him, even the closer because of the peril. And now that he has escaped unharmed, and by the confidence of the people has had devolved upon him the executive functions of the Government, to charge him with disloyalty is either a folly or a slander. folly in the fool who believes it; slander in the man of sense, if any such there be, who utters it. REVERDY JOHNEON, VIII. VOTES ON PROPOSED CONSTITUTIONAL AMENDMENTS. The Constitutional Amendment, as Finally |tion or rebellion against the same, or given_aid Adopted and Submitted to the Legislatures or comfort to the enemies thereof. But Conof the States. gress may, by a vote of two-thirds of each house, remove such disability. IN SENATE. 1866, June 8-The Amendment in these words, as finally amended, was brought to a vote: Joint resolution proposing an amendment to the Constitution of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both louses concurring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by threefourths of said legislatures, shall be valid as part of the Constitution, namely: ARTICLE 14. SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection ther the United States nor any State shall asor rebellion, shall not be questioned. But neiaid of insurrection or rebellion against the Unisume or pay any debt or obligation incurred in ted States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void SEC. 5. The Congress shall have power to en force, by appropriate legislation, the provisions of this article. It passed-yeas 33, nays 11, as follow: YEAS-Messrs. Anthony, Chandler, Clark, Conness, Cragin, Creswell, Edmunds. Fessenden, Foster, Grimes, Harris. of Indiana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates-33. NAYS-Messrs. Cowan, Davis, Doolittle, Guthrie, Hen SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdic-Henderson, Howard, Howe. Kirkwood, Lane of Kansas, Lane tion thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. dricks, Johnson, McDougall, Norton, Riddle, Saulsbury, Van Winkle-11. Wright-5. ABSENT-Messrs. Brown, Buckalew, Dixon, Nesmith, YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R. by, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham. Blaine, Blow, persons in each State, excluding Indians not Boutwell, Brandegee, Bromwell, Broomall, Buckland, Buntaxed. But when the right to vote at any elec-dy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, tion for the choice of electors for President and Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Cullom. Darling, Davis, Dawes. Defrees, Delano, Deming, Vice-President of the United States, representa- Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Gristives in Congress, the executive and judicial wold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Hig officers of a State, or the members of the legis- D.lubbard, Demas Hubbard, jr., John II. Hubbard, James R. lature thereof, is denied to any of the male in-Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelhabitants of such State, being twenty-one years ley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George of age, and citizens of the United States, or in V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McKee, McRuer, Mercur, Miller, any way abridged, except for participation in Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, rebellion or other crime, the basis of representa-Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pometion therein shall be reduced in the proportion Rice, John 11. Rice, Rollins, Sawyer, Schenck, Scofield, roy, Price, William H. Randall, Raymond, Alexander H. which the number of such male citizens shall Shellabarger, Sloan, Smith, Spalding, Stevens, Stillwell, bear to the whole number of male citizens twenty-Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Ilorn, Robert T. Van Horn, one years of age in such State. Ward, Warner, Ellihu B. Washburne, Henry D. Washburn, SEC. 3. No person shall be a senator or rep-william B. Washburn, Welker, Wentworth, Whaley, Wilresentative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrec-10. liams, James F. Wilson, Stephen F. Wilson, Windom, Wood- NAYS-Messrs. Ancona, Bergen, Boyer, Chanler, Coffroth, NOT VOTING-Messrs. Culver, Goodyear, Harris, Hill, Preliminary Proceedings. Prior to the adoption of the joint resolution in the form above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses: IN HOUSE. April 30-Mr. Stevens, from the Joint Select Committee on Reconstruction reported a joint resolution, as follows: A joint resolution proposing an amendment to the Constitution of the United States. Be it resolved, &c., (two-thirds of both Houses concurring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely: ARTICLE. SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. SEC. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age. SEC. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States. SEC. 4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor. YEAS-Messrs. Allison, Ames, Anderson, Banks, Baxter, The joint resolution, as above printed, then passed-yeas 128, nays 37, as follow: YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Butwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, McIndoe, McMoulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, William H. Randall, Raymond, Alexander II. Rice, John II. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van IIorn, Robert T. Van Horn, Ward, Warner, Ellibu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker-128. Kee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, NAYS-Messrs. Ancona, Bergen, Boyer, Chanter, Coffroth, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, McCullough, Niblack, Phelps, Radford, Samuel J. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Winfield, Wright-37. The amendments of the Senate were made to this proposition, when it was finally adopted by The Accompanying Bills. SEC. 5. The Congress shall have power to en-mittee, also reported this bill: force, by appropriate legislation, the provisions of this article. A Bill to provide for restoring the States lately [For article, see page 102.] Be it enacted, &c., That whenever the abovorecited amendment shall have become part of tho |