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Bill for Reconstruction. First Session, Thirty-Eighth Congress. IN HOUSE.

1863, December 15-Mr. HENRY WINTER DA

Vis moved that so much of the President's message as relates to the duty of the United States to guarantee a republican form of government to the States in which the governments recognized by the United States have been abrogated or overthrown, be referred to a select committee of nine to report the bills necessary and proper for carrying into execution the foregoing guarantee; which was agreed to-yeas 89, nays 80. May 4-The House passed the bill reported from the committee-yeas 74, nays 66, as follows:

YEAS-Messrs. Alley, Allison, Ames, Anderson, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blow, Boutwell, Brandegee, Broomall, Cole, Creswell, Henry Winter Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eliot, Farnsworth, Fenton, Frank, Garfield, Higby, Hooper, Hotchkiss, A. W. Hubbard, J. H. Hubbard, Hulburd, Julian, Kelley, Francis W. Kellogg, Orlando Kellogg, Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, Alexander H. Rice, John II. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Smithers, Spalding, Thayer, Upson, William B. Washburn, Williams, Wilder, Wilson, Windom, Woodbridge-74. NAYS-Messrs. William J. Allen, An-ona, Augustus C. Bdwin, J. B. Blair, Brooks, J. S. Brown, W. G. Brown, Chanler, Clay, Cor, Cravens, Dawson, Denison, Eden, Ellridge, English, Finck, Ganson, Grider, Hale, Hall, Harding, Benjamin G. Harris, Charles M. Harris, Herrick, Holman, Philip Johnson, William Johnson, Kernan, King, Knapp, Law, Larear, LeBlond, Long, Marcy, McAllister, McDowell, M Kinney, Middleton, Morris, Morrison, Noble, Odell, John O'Neill, Pendleton, Perry, Radford, Samuel J. Randall, William H. Rindall, Robinson, James S. Rollins, Ross, Scott, Smith, John B. Steele, William G. Steele, Stiles, Strouse, Stuart, Ward, Webster, Whaley, Wheeler, Chilton A. White, Yeuman-66. The preamble to the bill, which was in these words

Whereas the so-called Confederate States are a public enemy, waging an unjust war, whose injustice is so glaring that they have no right to claim the mitigation of the extreme rights of war which are accorded by modern usage to an enemy who has a right to consider the war a just one; and whereas none of the States which, by a regularly reForded majority of its citizens, have joined the so-called Southern Confederacy, can be considered and treated as entitled to be represented in Congress, or to take any part in the political government of the Union: Therefore was rejected-yeas 57, nays 75, as follows:

YEAS-Messrs. Alley, Allison, Ames, Anderson, Ashley, John D. Baldwin, Baxter, Beaman, Boutwell, Boyd, Broomall, Cole, Henry Winter Davis, Donnelly, Driggs, Eckley, Eliot, Frank, Garfield, Grinnell, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Julian, Kasson,

Kelley, Francis W. Kellogg, Littlejohn, Loan, Longyear, McBride, McClurg, Moorhead, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Pike, Price, John II. Rice, Edward H Rollins, Schenck, Shannon, loan, Spalding, Stevens, Upson, William B. Washburn, Williams, Wilder, Woodbridge-57.

NAYS-Messrs. Wm J. Allen, Ancona, Arnold, Augustus C. Bildwin, Jacob B. Blair, Blow, Brooks, James S. Brown, William G. Brown, Chanler, Clay, Cox, Creswell, Dawson, Denison, Ede, Eldridge, Farnsworth, Fenton, Finck, Ganson, Grider, Hale, Hall, Harding, Benjamin G. Harris, Chas. M. Harris, Herrick, Holman, Hulburd, Philip Johnson, Orlando Kellogg, Kernan, Knapp, Law, Lazear, Le tom, Morrill, Noble, Moses F. Od ll, John O'Neill, Pendleton, Blond, Long, Morey, Marvin. McAllister, McIndoe, Mid le Perry, Pomeroy, Radford, Samuel J. Randall, Wil iam II Randall, Alexander H. Rice, James S. Rolins, Ross, cofield, Scott, Smith, Smithers, John B. Steele. Wm. G. Steele, Stiles, Strouse, Stuart, Thayer, Ward, Webster, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilson, Windom, Yeaman-75.

The bill authorizes the President to appoint in each of the States declared in rebellion, a Provisional Governor, with the pay and emolu. ments of a brigadier; to be charged with the civil administration until a State government therein shall be recognized. As soon as the military resistance to the United States shall have been suppressed, and the people sufficiently returned to their obedience to the Constitution and laws, the Governor shall direct the marshal of the United States to enroll all the white male citizens of the United States, resident in the State in their respective counties, and whenever a majority of them take the oath of allegiance, the loyal people of the State shall be entitled to elect delegates to a convention to act upon the re-establishment of a State government-the proclamation to contain details preecribed. Qualified voters in the army may vote in their camps. No person who has held or exercised any civil, military, State, or Confederate office, under the rebel occupation, and who bas voluntarily borne arms against the United States, shall vote or be eligible as a delegate. The convention is required to insert in the constitution provisions

1st. No person who has held or exercised any civil or military office, (except offices merely ministerial and military oflices below a colonel,) State or Confederate, under the usurping power, shaft vote for, or be a member of the legislature or governor.

2d. Involuntary servitude is forever probibited, and the freedom of all persons is guaranteed in said State.

3d. No debt, State or Confederate, created by or under the sanction of the usurping power, shall be recognized or paid by the State.

Upon the adoption of the constitution by the convention, and its ratification by the electors

of the State, the Provisional Gov rnor shall so certify to the President, who, after ob'aining the assent of Congress, shall, by proclamation. recognize the government as established, and none other, as the constitutional government of the State; and from the date of such recognition, and not before, senators and representatives and electors for President and Vice President may be elected in such State. Until reorganization the Provisional Governor shall enforce the laws of the Union and of the State before the rebellion

The remaining sections are as follows:

SEC. 12. That all persons held to involuntary servitude or labor in the States aforesaid are hereby emancipated and

discharged therefrom, and they and their posterity shall be forever free. And if any such persons or their posterity shall be restrained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on beas corpus, discharge them.

SEC. 13. That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than $1.500, and be imprisoned not less than five, nor more than twenty years. SEC. 14. That every person who shall hereafter hold or exercise any office, civil, or military, except offices merely ministerial and military offices below the grade of colonel, in the rebel service, State or confederate, is hereby declared not to be a citizen of the United States.


gan, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkinson, Wilson-11.

NAYS-Messrs. Brown, Carlile, Davis, Doolittle, Grimos, Hale, Harris, Henderson, Hendricks, Johnson, Lane of indiana, McDougall, Powell, Richardson, Riddle, Faulsbury, Sherman, Sprague, Ten Eyck, Trumbull, Van Winkle-21.' The Senate adopted the amendment made in Committee of the Whole-yeas 20, nays 13, as follows:

YEAS-Messrs. Brown, Carlile, Dais Doolittle, Grimes, Harlan, Harris, Henderson, Hendricks, Johnson, Lane of Indiana, Me Dougall, Pomeroy, Powell, Richardson, Riddle, Saulsbury, Sprague, Trumbull, Van Winkle-20.

NAYS-Messrs. Clark, Conne. Hale, Lane of Karsas, Morgan, Morrill, Ramsey, Sherman, S.imner, Ten Eyck, Wade, Wilkinson, Wilson-13.

And the bill passed-yeas 26, nays 3, as fol


YEAS-Messrs. Brown, Chandler, Conness, Doolittle, Grimes, Harlan, Harris, Henderson, Johnson, Lane of Indiana, Lane of Kansas, McDougall, Morgan, Pomeroy, Ramsey, Riddle, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, Wilkinson, Wilson-26. NAYS-Messrs. Davis, Powell, Saulsbury-3.

July 2-The House non concurred in the amendment of the Senate, and asked a Committee of Conference; but the Senate, on motion, receded from its amendments-(thus passing the House bill)-yeas 18, nays 14, as follows:

YEAS-Messrs. Anthony, Chandler, Clark, Conness, Foot, Harlan, Harris, Howe, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Wade, Wilkinson, Wilson-18.

Riddle, Saulsbury, Ten Eyck, Trumbull, Van Winkle-14.

May 27-Mr. WADE, from the Committee on NAYS-Messrs. Buckalew, Carlile, Daris, Doolittle, HenTerritories, reported the bill with two amend-derson, Hendricks, Lane of Indiana, icDougall, Powell, ments; one fixing the compensation of the provisional Governor at $3,000 a year, and the other striking out the word "white" wherever it occurs.

The Senate as in Committee of the Whole, July 1-Mr. BROWN offered this as a substitute for the bill:

That when the inhabitants of any State have been de

clared in a state of insurrection against the United States by proclamation of the President, by force and virtue of the act entitled "An act to provide for the collection of duties on imports, and for other purposes," approved July 13, 1861, they shall be, and are hereby declared to be, incapable of casting any vote for electors of President or Vice President of the United States, or of electing Senators said State is suppressed or abandoned and said inhabitants have returned to their obedience to the Government of the United States, nor until such return to obedience shall be declared by proclamation of the President issued by virtue

or Representatives in Congress, until said insurrection in

of an act of Congress, hereafter to be passed authorizing

the same.

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YEAS-Messrs. Brown, Carlile, Cowan, Davis, Doolittle,
Grimes, Henderson, Hendricks, Johnson, Lane of Indiana,
M. Dougall, Powell, Richardson, Riddle, Saulsbury, Trum-
ball, Van Winkle-17.

NAYS-Messrs. Chandler, Clark, Conness, Hale, Harlan,
Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sher-
man, Sprague, Sumner, Wade, Wilkinson, Wilson-16.
Mr. SUMNER proposed the following new



The PRESIDENT failed to approve this bill; and, July 8, 1864, issued this proclamation respecting it:

Whereas, at the late session, Congress passed a bill to guarantee to certain States, whose governments have been usurped or overthrown, a republican form of government," a copy of which is hereunto annexed;

And whereas the said bill was presented to the President of the United States for his approval less than one hour before the sine die adjournment of said session, and was not signed by him;

And whereas the said bill contains, among other things, a plan for restoring the States in rebellion to their proper practical relation in the Union, which plan expresses the sense of Congress upon that subject, and which plan it is now thought fit to lay before the people for their consideration:

Now, therefore, I. ABRAHAM LINCOLN, President of the United States, do proclaim, declare, and make known, that, while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared, by a formal approval of this bill, to be inflexibly committed to any single plan of restoration ; and, while I am also unprepared to declare that the free State constitutions and governments already adopted and installed in Arkansas and Louisiana shall be set aside and held for nought, thereby repelling and discouraging the loyal citizens who have set up the same as to Which was rejected-yeas 11, nays 21, as further effort, or to declare a constitutions! follows: competency in Congress to abolish slavery in YEAS-Messrs. Chandler, Conness, Lane of Kansas, Mor-States, but am at the same time sincerely hop

That the proclamation of emancipation issued by the President of the United States on the first day of January, 1863, so far as the same declares that the slaves in certain designated States and parts of States thenceforward should be free, is hereby adopted and enacted as a statute of the United States, and as a rule and article for the government

of the military and naval forces thereof.

ing and expecting that a constitutional amendment abolishing slavery throughout the nation may be adopted, nevertheless I am fully satisfied with the system for restoration contained in the bill as one very proper plan for the loyal people of any State choosing to adopt it, and that I am, and at all times shall be, prepared to give the Executive aid and assistance to any such people, so soon as the military resistance to the United States shall have been suppressed in any such State, and the people thereof shall have sufficiently returned to their obedience to the Constitution and laws of the United States, in which cases Military Governors will be appointed, with directions to proceed according to the bill.


June 13-Mr. GARFIELD introduced a joint resolution resolving that no State declared to be in rebellion by proclamation of the President is entitled to appoint electors of President and Vice President, and that no electoral vote from any such tate shall be received or counted until both Houses of Congress, by concurrent action, shall have recognized a State government in such State.

It was read a first and second time; was ordered to be engrossed, and read the third time, under the operation of the previous question, when the following proceedings took place: Mr. MCKINNEY. Is it in order to inquire whether Mr. Johnson could be a candidate for the Vice Presidency under that rule?

The SPEAKER. It is not in order to make the inquiry. Mr. BLAINE. Is it too late now to raise a point of order? The SPEAKER. It is entirely too late. The joint resolution has received its third reading, and the main question has been ordered on its passage.

Mr. BLAINE. Has the morning hour expired? The SPEAKER. It has; but the House has ordered the main question to be now put.

Mr. BLAINE. I move to lay the joint resolution on the


Which was agreed to-yeas 104, nays 33, as follows:

declared to be incapable of casting any vote for electors of President or Vice President of the United States, or of electing Senators or Representatives in Congress, until said insurrection in said State is suppressed or abandoned, and said inhabitants have returned to their obedience to until such return to obedience shall be declared by procla the Constitution and Government of the United States, nor mation of the President, issued by virtue of an act of Congress authorizing the same.



June 22-Mr. DAWES, from the Committee on Elections, in the application of certain persons to be received as Representatives from Arkansas, made a report, which closes with this joint resolution:

Resolved, &c., That there be appointed by the President, by and with the consent of the Senate, a commission consisting of three persons, residents of States not involved in the present rebellion, whose duty it shall be during the recess of the present Congress to visit those States declared by the proclamation of the President to have been in rebellion, and which have already taken or may before the next session of the present Congress take measures to establish or reorganize State governments, and after careful examination and hearing testimony report to the President for the information of Congress at as early day in the next session as possible all such evidence as they may be able to obtain upon the question, whether the loyal people in any ernment, to what extent s State government represents such States have succeeded in re-establishing a State govand has the support of the loyal people in such State, and what is the ability of such people therein to maintain the same against domestic violence.

Resolved further, That until Congress shall be satisfied upon evidence submitted to them that the rebellion has so

far been suppressed in any such State that there has been and prohibiting the existence of slavery in the same, and established therein a State government, republican in form, so firmly established as to be able to maintain itself against domestic violence, representation from any such State ought not to be admitted into either branch of Congress.

Mr. JAMES S. BROWN, from the Minority Committee, presented these resolutions:

Whereas by article six of the Constitution of the United States it and the laws made in pursuance thereof are de clared to be the supreme law of the land, and every act of secession by any State is in direct violation of such supreme laws: Therefore,

Resolved, That the acts of secession by the Legislatures of the several States whose people are now in rebellion are mere nullities, having no force or effect to change the rela toward the General Government; and that by such acts the tion either of States themselves or of the people thereof

YEAS-Messrs. James C. Allen, William J. Allen, Allison, Ames, Anderson, Baily, Augustus C. Ballwin, John D. Bald-people neither freed themselves from the penalties attachwin, Blaine, Blair, Bliss, Boutwell, Brooks, James S. Brown, Chanler, Ambrose W. Clark, Freeman Clarke, Cobb, CT roth, Cor, Cravens, Dawes, Denison, Dixon, Driggs, Eden, Edgerton, Eldridge, Eliot, English, Farnsworth, Fenton, Finck, Frank, Ganson, Gooch, Griler, Griswold, Harding, Harrington, Charles M. Harris, Herrick. Holman, Hotchkiss, Asahel W. Hubbard, Hutchins, Ingersoll, Jenckes, William Johnson, Kalbfleisch, Francis W. Kellogg, Orlando Kellogg, Kernan, King, Knapp, Law, Le Blond, Littlejohn, Marry, Marvin, Mc Dowell, McIndoe, Mckinney, Samuel F. Miller, William H. Miller, Moorhead, James R. Morris, Amos Myers, Leonard Myers, Odell, Charles O'Neill, John O'Neill, Orth, Pendleton, Perham, Pike, Price, Pruyn, Radford, Alexander II. Rice, John H. Rice, Robinson, James S. Rollins, Ross, Scofield, Sloan, Smith, John B. Steele, William G. Steele, Stiles, Strouse, Stuart, Sweat, Thayer, Thomas, Wadsworth, Webster, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilson, Windom, Fernando Wood-104.

ing by law to treason nor lost any rights as citizens of the States and United States, except such as may follow upon conviction of crime; that the duty of the people of such States to send true and loyal men to Congress, and the right of the Constitution, requiring no act of the President or so to do as consequent upon the duty, still remain by force Congress to confirm them; that no State can under the Constitution assent to the presence of armed rebels from other States within its borders, and that any act of the authorities of a State giving such assent is a nullity: that the of another is an invasion from which by article four of the entrance of such armed rebels of one State upon Territories Constitution the United States are bound to protect the invaded State; that this obligation of protection on the part of the United States is due to each citizen individually as a consequence of his duty of allegiance, and continues so long as there is a single loyal citizen in a State oppressed laws of the United States cannot be enforced in any conby such invasion; that so long as the Constitution and rebels there can be no free election, and a person claiming a seat through an election under such circumstances should be rejected.

NAYS-Messrs. Alley, Ashley, Baxter, Beaman, Blow, Brandegee, Cole, Creswell, Henry Winter Davis, Thomas T.gressional district on account of the presence of armed Davis, Donnelly, Eckley, Gartield, Higby, Hooper, John H. Hubbard, Julian, Kelley, Lazear, Longyear, McClurg, Morrill, Daniel Morris, Norton, Shannon, Smithers, Spalding, Starr, Stevens, Upson, Van Valkenburgh, Williams, Woodbridge-33.

June 20-Mr. ASHLEY asked leave to offer this joint resolution, but it was objected to:

Resolved, dc., That when the inhabitants of any State have been declared in a state of insurrection against the United States by proclamation of the President, by force and virtue of the act entitled "An act further to provide for the collection of duties on imports, and for other purposes," approved July 13, 1861, they shall be and are hereby

Be it further resolved, That the Constitution, in article two, determines the qualifications of electors for Representatives, and that any order of the President or act of Congress changing such qualifications would be a usurpation and a nullity.

Be it further resolved, That whenever by pestilence, foreign invasion, or domestic conspiracy, the officers of a State required by its laws to conduct an election have been destroyed or carried off, the State does not thereby cease to exist, nor do its people forfeit their rights as citizens of the States or of the United States, but, from the very necessity

of the case, and by virtue of the power impliedly reserved | and after the acceptance of its provisions by the people ca to the people, they may, in a practicable and reasonable the said State and proclamation of the same by the Presimanner, supply the deficiency, and hold an election, con- dent of the United States. ducting it, however, as far as possible, in conformity with the existing laws and Constitution of the State; and the duty of Congress in passing upon such an election claimed

to be held under such circumstances is limited to ascertaining whether it was a fair expression of a majority of the people, and in the mode of conducting it departed from the general laws of the State only so far as was necessary to supply the deficiency of officers required to conduct the


Be it further resolved, That the right of the claimants from Arkansas should be determined by the principles here enunciated; and if they shall satisfy the House that the Constitution and laws of the United States and of the State held peaceful sway over their respective districts, that in their elections they departed in nothing from the Constitution and existing laws of that State, save in supplying requisite officers, and that they received a vote of a majority in their respective districts, then they are entitled to seats, but not otherwise.

A motion to table the whole subject was lost -yeas 43, nays 63.

A motion to postpone until next session, was lost-yeas 50, nays 78.

June 29-The report was further debated, when, on motion of Mr. DAVIS, the whole subject was leid on the table-yeas 80, nays 47, as follows:

He also offered this resolution, which was adopted:

That the President of the United States be requested to furnish to the Senate copies of all correspondence, orders, and documents on file in the Departments in relation to the organization by the loyal people of Arkansas of the free State government of that State.

June 13-The Senate considered the joint resolution; refused--yeas 5, (Messrs. Chandler, Howard, Richardson, Sumner, Wade,) nays 32, to lay the subject on the table, and then referred it to the Committee on the Judiciary, and with it the resolution of Mr. SUMNER, offered May 27, as follows:

That a State pretending to secede from the Union and battling against the national Government to maintain this pretension must be regarded as a rebel State, subject to military occupation, and without title to representation on this floor until it has been readmitted by a vote of both Houses of Congress; and the Senate will decline to enter. tain any application from any such rebel State until after

such voto of both Houses of Congress.



First Session, Thirty-Eighth Congress. 1864, June 27--Mr. TRUMBULL made this report:

YEAS-Messrs. William J. Allen, Allison, Ancona, Augustus C. Baldwin, Beaman, Blair, Bliss, Blow, Boyd, Brooks, Broomall, James S. Brown, Cole, Cor, Henry Winter Davis, Thomas T. Davis, Dawson, Deming, Denison, Dixon, Driggs, Eden, Edgerton, English, Finck, Griswold, Hale, Herrick, Higby, Holman, Asahel W. Hubbard, John H. Hubbard, The Committee on the Judiciary, to whom were referred Hulburd, Jenckes, William Johnson, Kalbfleisch, Kelley, the credentials of William M. Fishback and Elisha BaxFrancis W. Kellogg, Kernan, Knapp, Law, Lazear, Loan, ter, claiming seats from the State of Arkansas, report: Longyear, McAllister, Mc Dowell, McIndoe, McKinney, SamThat the credentials are presented in due form, purportuel F. Miller, Moorhead, James R. Morris, Morrison, Amos ing to be under the seal of the State of Arkansas, and to Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Pen- be sigued by Isaac Murphy, Governor thereof; and if the dleton, Perham, Perry, Radford, Samuel J. Randall, Robin-right to seats were to be determined by an inspection of sem, Ross, Schenck, Shannon, Sloan, Smith, Smithers, Wil- the credentials, Messrs. Fishback and Baxter would be enliam G. Steele, Stevens, Stiles, Strouse, Stuart, Thayer. Web-titled to be sworn as members of this body. It is, howster, Chilton A. White, Joseph W. White, Williams, Windom


ever, admitted by the persons claiming seats, and known NAYS-Messrs. Alley, Ames, Anderson, Ashley, Baily, kansas, through its constituted authorities, undertook to to the country, that in the spring of 1861, the State of ArJohn D. Baldwin, Blaine, Boutwell, William G. Brown, secede from the Union, set up a government in hostility to Chanler, Cobb, Dawes, Donnelly, Eckley, Eliot, Farnsworth, the United States, and maintain the same by force of arms. Ganson, Gooch, Harding, Benjamin G. Harris, Charles M. Congress, in view of the condition of affairs in Arkansas Harris, Hooper, Hutchins, Julian, Knox, Littlejohn, Long, and some other States similarly situated passed an act, Mallory, Marcy, McClurg, Morrill, Odell, John O'Neill, Pike, July 13, 1861, authorizing the President, in case of an inPomeroy, John H. Rice, Edward II. Rollins, James S. Rol-surrection in any State against the laws of the United lius, Scofield, Thomas, Upson, Van Valkenburgh, Ellihu B. States, and when the insurgents claimed to act under au Washburne, William B. Washburn, Whaley, Winfield-47.thority of the State, and such claim was not repudiated,


uor the insurrection suppressed by the persons exercising the functions of government in such State, to declare the June 10-Mr. LANE of Kansas, introduced inhabitants of such State or part thereof where such insur this joint resolution:

For the recognition of the free State government of the
State of Arkansas.

Whereas the President of the United States, by proclamation of the 1st of January, A. D. 1863, did, among other things, proclaim and declare that the "people" of Arkansas "are this day in rebellion" against the United States; and whereas the loyal people of the State of Arkansas have, since that time, by a free and untrammelled vote, organized and have in operation a State government upon a free basis and republican in form: and whereas, pending the organ ization of said government, the President of the United States did, by proclamation of the 8th day of December, A. D. 1863, invite, among others, the people of Arkansas to organize a loyal State government upon a free basis; and whereas the President of the United States approved said organization in the State of Arkansas and officially recognized the same: Therefore,

rection existed, to be in a state of insurrection against the United States; and that, thereupon, all commercial intercourse by and between the same and the citizens of the United States, except under license and upon certain condi tions, should cease and be unlawful so long as such condition of hostility should continue.

issued his proclamation declaring the inhabitants of the In pursuance of this act, the President, August 16, 1861, State of Arkansas, except the inhabitants of such parts thereof as should maintain a loyal adhesion to the Union and the Constitution, or might be from time to time occu pied and controlled by forces of the United States engaged in the dispersion of said insurgents, to be in a state of insurrection against the United States, and that all commer

cial intercourse between them and citizens of other States was and would be unlawful, except when carried on under special license, until such insurrection should cease. At the date of this proclamation no part of the State of Arkan States, nor did the inhabitants of any part of the State, at sas was occupied and controlled by the forces of the United and the Constitution. Hence, upon the issuing of said proc that time, publicly maintain a loyal adhesion to the Union

Be it resolved, dc., That so much of the proclamation or proclamations of the President of the United States, and so much of all laws of Congress, as declares the people or State of Arkansas in rebellion, be, and is hereby, declared inop-lamation, a state of hostility or civil war existed between

erative and void.

SEC. 2. That the present organized government in the State of Arkansas be, and it is hereby, recognized, upon the condition that slavery and involuntary servitude shall never exist in said State, except as a punishment for crime. June 11-Mr. LANE of Kansas, offered this additional resolution:

SEC. 3. That this joint resolution shall be in force from

the inhabitants of the State of Arkansas and the United

It is

States, and there was not at that time any organized author ity in Arkansas, loyal to the Constitution, competent to choose or appoint Senators of the United States. claimed, however, that since that period the State, or the greater portion of it, has been occupied and controlled by the forces of the United States, engaged in the dispersion of the insurgents, and that the inhabitants of said State, loyal to the Union and the Constitution, have reorganized their

State government, and have the right, through the Legislature they have instituted, to choose two Senators for said State.

The Constitution declares that "the Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years," and makes each House "the judge of the election, returns, and qualifications of its own members." In the investigation of the claimants' right to scats, the first question to be determined is, was the body by whom they were elected clothed with authority to elect Senators; in other words, was it, in a constitutional sense, "the Legislature of Arkansas?"

the districts subject to their control. While a portion of Arkansas is at this very time, as the committee are informed, in the actual possession and subject to the control of the enemies of the United States, other parts of the State are only held in subordination to the laws of the Union by the strong arm of military power. While this state of things continues, and the right to exercise armed authority over a large part of the State is claimed and exerted by the military power, it cannot be said that a civil government, set up and continued only by the sufferance of the military, is that republican form of government which the Constitution requires the United States to guarantee to every State in the Union.

When the rebellion in Arkansas shall have been so far suppressed that the loyal inhabitants thereof shall be free to re-establish their State government upon a republican foundation, or to recognize the one already set up, and by the aid and not in subordination to the military to maintain the same, they will then, and not before, in the opinCongress, and to participate in the administration of the Federal Government. Believing that such a state of things did not at the time the claimants were elected, and does not now, exist in the State of Arkansas, the committee recommend for adoption the following resolution:

A question similar to this arose some years since between Robbins and Potter, each claiming to have been elected Senator by the Legislature of Rhode Island, though by different bodies. In that case the Senate was called upon to decide, and did decide, which of the two bodies, each claiming to be legitimate, was the Legislature contemplated by the Constitution. The Supreme Court of the United States, in the case of Luther vs. Borden, growing out of the politi-ion of your committee, be entitled to a representation in cal difficulties in Rhode Island in 1841 and 1842, held that *when the Senators and Representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the Government."

The claimants laid before the committee a statement of the circumstances attending the assembling of the body by which they were elected, in which, after detailing the con

dition of the State while under rebel control, and prior to
September, 1863, they say: "Upon the advent of the Union
army the rebels in the State, guerrillas and all, for the most
part left with their armies, leaving about two-thirds of the
State comparatively free from guerrilla depredation.
The Union men came flocking from the mountains,
where they had lain for two years, to the Federal standard,
and nearly every man whom the medical examiners would
receive joined the Federal army.

"Those who were rejected, (and their number was enormous, their constitutions having been broken by exposure and their hardships,) and those whom circumstances prevented from joining the army, found themselves, so far as law was concerned, in a state of chaos. Many of them, living remote from military posts, had not even the protection of military law.

Immediately they began to agitate the question of a reorgan zation of their tate government. They first moved In primary meetings, and on the 30th of October, 1863, they held a mass meeting in the city of Fort Smith, in which some twenty counties are said to have been represented, and at which they called upon all counties in the State to elect delegates (after having elected commissioners of election) to a State convention, to be held in the city of Little Rock on the 8th day of January, 1864, for the purpose of so amending the constitution as to abolish slavery. imultaneously with this meeting, meetings were held in a number of other counties. In every single one (in ignorance of the action of others in many instances) they declared for a convention and the abolition of slavery.

Commissioners of election were first elected, and they held the election for the delegates. "All this was prior to the President's amnesty proclama


Resolved, That William M. Fishback and Elisha Baxter are not entitled to seats as Senators from the State of Arkansas.

1864, June 29-The resolution of the Committee on the Judiciary was adopted-yeas 27, nays 6, as follows:

Chandler, Clark, Cowan, Davis, Fessenden, Foot, Foster,
YEAS-Messrs. Anthony, Brown, Buckalew, Carlile,
Hale, Harlan, Harris, McDougall, Morgan, Morrill, Powell,
Ramsey, Riddle, Saulsbury, Sherman, Sumner, Ten Eyck,
Trumbull, Wade, Wilkinson-27.
NAYS-Messrs. Doolittle, Hicks, Howe, Lane of Kansas,
Nesmith, Pomeroy-6.

Process of Reconstruction.

In ARKANSAS, a new State government is organized with Isaac Murphy, Governor, who was reported to have received nearly 16,000 votes at a called election. The other State officers are

Lieutenant Governor, C. C. Bliss; Secretary of State, R. J. T. White; Auditor, J. B. Berry; Treasurer, E. D. Ayers; Attorney General, C. T. Jordan; Judges of the Supreme Court, T. D. W. Yowley, C. A. Harper, E. Baker.

The legislature also elected Senators, but neither Senators nor Representatives obtained their seats.

In LOUISIANA, a free State government has also been organized-Michael Hahn, Governor. The clause in the constitution abolishing slavery was adopted in convention-yeas 72, nays 13. The legislature is prohibited from passing any "When the convention met, forty-five delegates were law recognizing the right of property in slaves. present, representing about one-half of the State. (Several of the delegates failed to attend.) They repudiated the rebel At the election for Governor, 10,725 votes were debt, State and Confederate, abolished slavery, and sub-polled; one parish, (Terrebonne,) 630 votes, not mitted the constitution to the people for their ratification. in the official count. J. Madison Wells is LieuThey also provided for taking the vote for State and county tenant Governor; Stanislaus Wrotnowski, Secreofficers, and members of the legislature at the same time with the vote for the ratification of the constitution. tary of Sate; J. G. Belden, Treasurer; B. L. Lynch, Attorney General; A. P. Dostie, Auditor; John McNair, School Superintendent.

The result of those elections was 12,177 for the constitation and 226 against it, an election of State and county officers, an election of delegates to the lower house of Congress, and a representation in the State legislature from forty-six of the fifty-four counties of the State."

In VIRGINIA, the constitutional convention, recently in session in Alexandria, abolished slavery-yeas 13, nays 1, as follows:

YEAS-Messrs. Beach, Boush, Downey, Dix, Edwards, Go-
ver, Henshaw, Ilawxhurst, Penn, Thomas, Tennis, Wood,
Watkins 13.
NAYS-Mr. Moore.


The number of persons in Arkansas who voted for President in 1860 was 54,053, less than one-fourth of whom as appears from the statement of the claimants, took part in the reorganization of the State government. This, however, would not be fatal to the reorganization, if all who were loyal to the Union had an opportunity to participate, and the State was free from military control. Such, however, is understood not to have been the case. The President had not then, nor has he up to this time, recalled his proclamation, which declared the inhabitants of Arkansas in a state of insurrection against the United States, nor was there any evidence before the committee that said insurrection had ceased or been suppressed. At the time when the body which chose the claimants was elected, when it assembled, and at this time, the State of Arkansas is occupied by hostile armies, which exercise supreme authority within liable information has reached me that a re

1863, June 19-The President wrote this letter:

EXECUTIVE MANSION, WASHINGTON, June 19, 1863. GENTLEMEN: Since receiving your letter, re

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