it received a very large vote in each House. It was very proper in my judgment that Congress should fix the matter then, because everybody could anticipate that a question of the most serious danger to the Republic might arise in the then approaching Presidential election, which might endanger the stability of our Union, and which might under certain circumstances precipitate these Northern States into a civil war. Apprehending that such a question might arise, Congress wisely, in my judgment, provided against it; but the President did not agree with them, and he vetoed their bill, leaving the question open with all its dangers, which, thank God, have not arisen."

The President, added Mr. Wade, chose to pocket the bill, "and, as I suppose, he did it in defence of the proclamation which he had put forth, declaring that whenever a tenth part of the people of a State would come back, he would recognize them as the State and as part and parcel of this Government—a proposition which, with all my respect for the Chief Magistrate, I am bound to say is the most absurd and impracticable that ever haunted the imagination of a statesAnd I must say of that proclamation of the President that it was the most contentious, the most anarchical, the most dangerous proposition that was ever put forth for the government of a free people.

man.

66

I had a conversation with the now Vice-President-elect of the United States on that subject, and with other gentlemen on the Union side in the Southern States, and I do not know of one of them who was not filled with the deepest apprehension that if this principle should prevail they would be annihilated by the nine tenths." 1

As to permitting citizens of Louisiana who were serving in the army and navy to vote in the election of February 22, 1864. Mr. Doolittle observed: "We have done the same thing

1 Globe, Part I., 2 Sess. 38th Cong., pp. 576-582.

in Wisconsin, in Ohio, in Pennsylvania, in New York, all growing out of exigencies which have occurred since this rebellion began, passing laws, authorizing men, although in the Army of the United States, still to take part in the elections, providing that they should not be deprived of their rights of citizenship because they had enlisted in the Army to bear all the sacrifices which are necessary to defend their country in this struggle. And, sir, I maintain that there was nothing wrong in this." Even if it were wrong, only 808 soldiers, he asserted, participated in the election. A separate registry of this vote had been kept by General Banks. So far, therefore, from being a military usurpation it was an attempt of the President to lay down the military power. This he was endeavoring in good faith to do.

After a somewhat excited defence of the Administration by Senator Doolittle, and severe attacks on both President Lincoln and General Banks by Mr. Powell and others, Ten Eyck's motion to strike out Louisiana from the joint resolution was defeated, February 3, 1865, by a vote of 22 to 16.1 Lane's motion immediately after to strike out the preamble, which would leave only an unmeaning resolution, was lost by a vote of 30 nays to 12 yeas.3

Senator Harris proposed to amend Mr. Collamer's substitute by resolving, "That it is inexpedient to determine the question as to the validity of the election of electors in the said States of Tennessee and Louisiana, and that in counting the votes for President and Vice-President the result be declared as it would stand if the votes of the said States were counted, and also as it would stand if the votes of the said States were excluded, such result being the same in either case." By nearly the same majority this proposition also was voted down without much discussion.4

1 Globe, Part I., 2 Sess. 38th Cong., p. 575. 2 Ibid., p. 582.

'Ibid., pp. 576-582
'Ibid., p. 583.

Reverdy Johnson, who favored the House resolution as amended by the Committee on the Judiciary, did not think the rebellious States were out of the Union, and asserted that there was no power in any branch of Government to declare war against a State. Referring to the Whiskey Insurrection in Washington's administration, he said that Congress passed no act declaring it at an end. The President declared it. It ended itself. The insurrectionists laid down their arms, and expressed willingness to yield obedience to the United States; that ended the insurrection and disbanded the Federal forces, and that happening, the State of Pennsylvania, every part of it, stood exactly in the relation, for all purposes, in which the State and every part of it stood before the insurrection was commenced." 1

Mr. Collamer said that the real point in Senator Johnson's argument was whether Congress had anything to do in the reorganization or reestablishment of those States. Mr. Johnson, continued the Senator from Vermont, seemed to think not. On resuming his speech, February 4, 1865, he inquired: "When will, and when ought, Congress to admit these States as being in their normal condition? When they see that they furnish evidence of it. It is not enough that they stop their hostility and are repentant. They should present fruits meet for repentance. They should furnish to us by their actions some evidence that the condition of loyalty and obedience is their true condition again, and Congress must pass upon it; otherwise we have no securities. It is not enough that they lay down their arms. Our courts should be established, our taxes should be gathered, our duties should be collected in those States; and before they come here to perform their duties or privileges again as members of this Union, they should place themselves in an attitude showing to us that they have

truly taken that position, and we should pass upon it; and I insist that the President, making peace with them, if you please, by surceasing military operations, does not alter their status until Congress passes upon it. . . . I believe that when reestablishing the condition of peace with that people, Congress, representing the United States, has power, in ending this war as any other war, to get some security for the future."

The guaranty clause, Mr. Collamer asserted, implied that States were to be kept in the Union; it was inserted for the security of the minority in a State, though there might be but one man there to redeem Sodom. No one State could discharge the United States from a performance of that obligation. To keep it Congress, if it was essential to maintaining a republican form of government, could abolish slavery if that institution stood in the way of performing the guaranty. Before restoring the States, he added in conclusion, the President would need the assistance of Congress, else how could he get rid of the confiscation act.1

Collamer's substitute, which shared the fate of the amendment offered by Ten Eyck, could be construed only by an examination of the President's proclamation to ascertain what States were in insurrection.

To the preamble, which stated that four years earlier certain designated States had rebelled, and on the 8th of November preceding were in such condition of rebellion that no valid election for the choice of electors of President and Vice-President could be held there, Senator Pomeroy objected that the rebel governor of Arkansas had been killed, and the entire disloyal government destroyed. When the election was held the real local authorities in that State were Union men. It would not be true, as the preamble declared, that these authorities were in rebellion on November 8. The 'Globe, Part I., 2 Sess. 38th Cong., p. 591.

terms of the disloyal officials in Arkansas had expired by limitation; the chief men in that government were not alive to exert any influence if they were disposed to do so. It was not true to say that they made war on the United States on the 8th of November, 1864, or that they were then in condition to do so. Since the rebellion began they never had but one election.

Pomeroy's amendment to substitute for "state of rebellion" the word "condition" was carried by a vote of 26 to 13. The preamble, as thus perfected, declared that certain States had rebelled four years before, and on November 8 were in such "condition" that no valid election was held.1

Mr. Lane believed that for the protection of Union men in those States a loyal government was indispensable, and that it did more to demoralize the insurgents and to close out the rebellion than any other act that could be accomplished. It would be worth more than all the victories that could be gained in the field.2

Senator Howe in closing the debate observed that four days had been spent in discussing not the passage of the joint resolution, but the reason to be assigned in its preamble for excluding the vote of certain States. It belonged to the legislatures of those commonwealths, he maintained, to declare whether valid elections had been held there. He distrusted that sort of legislation, and in conclusion said: "If you will take hold of the question of the political relations of these communities, and if you will tell what is the truth, and has been the truth since 1861, that there are no State organizations there, no State governments, I am with you. When you establish that, you know what they may and what they may not do."

1 Globe, Part I., 2 Sess. 38th Cong., p. 593.

Ibid., p. 504.

Ibid., pp. 594 595.