debt or loan is simply an agency of the rebellion which the United States can never, under any circumstances, recognize in any part or in any way.

IN HOUSE OF REPRESENTATIVES. March 3, 1865-It passed. There were a few voices in the negative, but no division was called.

Reconstruction of States.

(See pages 317-032, 436-441.)

IN HOUSE OF REPRESENTATIVES.

recognition by the United States, in Congress assembled, of the said government of such State; and from the date of such proclamation the said government shall be entitled to the guarantee and all other rights of a State government under the Constitution of the United States; but this act

shall not operate a recognition of a State government in plied with, and till that time those States shall be subject either of said States till the conditions aforesaid are com

to this law.

Other sections provide for an enrollment, on the sufficient return of the people of any State to their obedience to the Constitution, of all white male citizens of the United States resident in the State in their respective counties, and upon 1864, December 20-Mr. ASHLEY reported a majority (including those in the United States from the Select Committee a bill to guarantee to military and naval service) taking the oath of certain States whose governments have been allegiance, the loyal people are to elect delegates usurped or overthrown, a republican form of equal in number to the number of both houses government; which was reported m dified of the State Legislature. The voters are the January 16, 1865. It authorized the appoint- loyal male citizens of the Un ted States, of the ment by the President, with the consent of age of twenty-one years, and enrolled and res the Senate, in each State declared in rebel-ident at the time in the district in which they lion a provisional governor, with the pay and offer to vote, and those absent in the military emoluments of a brigadier genral, to be charged service of the United States. with the civil administration prior to the recog "No person who nition of a State government, and with the ry, State or confederate, under the rebel usurhas held or exercised any office, civil or militaexecution of the laws of the United States and pation, or who has voluntarily borne arms the laws in force when the State government ag inst the United States, shall vote or be was overthrown; but no law or usage whereby eligible to b elected as delegate at such elecany person was heretofore held in involuntary tion." If the Convention shall declare, on servitude shall be reconized or enforced by behalf of the people of the State, their subany court or officer in such Sta'e; and the laws mission to the Constitution and laws of the for the trial and punishment of whi e persons United States, and shall incorporate the folshall extend to all persons, and jurors shall lowing provisions into the Constitution of the have the qualifications of voters under this law State: for delegates to the convention. The appointment by the President of other necessary officers is authorized. The expenses of the civil government to be borne by taxes laid in conformity with prior State laws. Sections 4, 5, 6, and 15 are as follows.

civil or military, except civil offices merely ministerial and First. No person who has held or exercised any office, military offices below the grade of colonel, State or con federate, under the usurping power, shall vote for or be a member of the legislature or governor.

Second. Involuntary servitude is forever prohibited, and the freedom of all persons is guaranteed in said State. sanction of the usurping power, or in any manner in aid Third. No debt or confederate, created by or under the thereof, shall be recognized or paid by the State. Aud the Constitution be then ratified by a majority of the voters qualified as aforesaid, the President shall, by proclamation, recognize the

That all persons held to involuntary servitude or labor in the States or parts of States in which such persons have been declared free by any proclamation of the President, are hereby emancipated and discharged therefrom, and they and their posterity shall be forever free. And if any Buch person 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 habeas corpus, dis-State government thus established, and from charge them. that date, senators and representatives, and presidential electors may be chosen.

That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be re-trained 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.

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.

That the United States, in Congress assembled, do hereby recognize the g verument of the State of Louisiana, Inaugurated under and by the convention which assembled on the 6th day of April, A. D. 1864, at the city of New Orleans; and the government of the State of Arkansas, inaugurated under and by the convention which assembled on the 8th day of January, 1864, at the city of Little Rock: Provided, That the same or other conventions, duly assem bled, shall first have incorporated into the constitutions of those States, respectively, the conditions prescribed in the twelfth section of this act, aud the marshal of the United States shall have returned to the President of the United States the enrollment directed by the seventh section to be made and returned to the provisional governor, and it shall appear thereby that the persons taking the oath to support the Constitution of the United States, together with the citizens of the United States from such State in the miliBary or naval service of the United States, amount to a majority of the persons enrolled in the State. And the President shall, thereupon, by proclamation, declare the

amend by adding to the white citizens enrolled, 1865, January 16-Mr. KELLEY moved to "and all other male citizens of the United States who may be able to read the Constitution

thereof."

Mr. ELIOT moved the following as a substi tute, the third section having been accepted by him when offered, as a separate proposition, by Mr. Arnold:

That the States declared to be in rebellion against the United States, and within which the authority of the Con stitution and laws of the United States has been over thrown, shall not be permitted to resume their political re lations with the government of the United States until, by action of the loyal citizens within such States, respectively, a State constitution shall be ordained and established, republican in form, forever prohibiting involuntary servi tude within such State, and guaranteeing to all persons freedom and equality of rights before the law.

SEC. 2. That the State of Louisiana is hereby permitted the United States under the constitution adopted by the to resume its political relations with the government of convention which assembled on the sixth day of April, leans. anno Domini eighteen hundred and sixty-four, at New Or

heretofore declared to be in rebellion against the United Sc. 3. That in all that portion of the United States States, and enumerated in the President's proclamation of

January 1, 1863, slavery and involuntary servitude, otherwise than in the punishment of crime whereof the accused shall have been duly convicted, shall be, and the same hereby is, abolished and prohibited forever, and the reenslavement, or holding, or attempting to hold in slavery or involuntary servitude, any person within such States made free by this act, or declared to be free by the proclama tion of the President of the United States, dated January 1, 1863, or of any of their descendants, otherwise than in the punishment of crime whereof the accused shall have been duly convicted, is and shall be forever prohibited, any law or regulation of either of said States to the contrary notwithstanding.

Kinney, William H. Miller, James R. Morris, Morrison, Nelson, Noble, Odell, Pendleton, Pike, Pomeroy, Pruyn, Radford, Samuel J. Randall, William H. Randall, Alexander H. Rice, Rogers, James S. Rollins, Ross, Smith, John B. Steele, William G. Steele, Stevens, Stiles, Strouse, Stuart, Sweat, Thomas, Townsend, Tracy, Van Valken burgh, Wadsworth, William B. Washburn, Webster, Whaley, Wheeler, Joseph W. White, Winfield, Fernando Wood, Yeaman-92.

Mr. WILSON moved to substitute the follow-Farnsworth, Garfield, Griunell, Higby, Hooper, Asahel W.

ing:

Senators and Representatives shall not be received from any State heretofore declared in rebellion against the United States until by an Act or joint resolution of Congress, approved by the President, or passed notwithstanding his objections, such State shall have been first declared to have organized a just local government, republican in form, and to be entitled to representation in the respective Houses of Congress.

January 17-The bill was postponed to February, yeas 103, nays 34.

February 21-Mr. ASHLEY offered, on behalf of the committee, a substitute, which differed chiefly in this respect from the original bill. The section recognizing the State governments of Louisiana and Arkansas was omitted, and

this substituted for it:

That if the persons exercising the functions of Governor and Legislature under the rebel usurpation in any State heretofore declared to be in rebellion shall, before armed resistance to the national Government is suppressed in such

State, submit to the authority of the United States, and take the oath to support the Constitution of the United States, and adopt by law the third provision prescribed in the eighth section of this act, and ratify the amendment to the Constitution of the United States proposed by Congress to the Legislatures of the several States on the 31st day of January, A. D. 1865, it shall be lawful for the President of the United States to recognize the said Governor and Legislature as the lawful State government of such State, and to certify the fact to Congress for its recognition: Provided, That nothing herein contained shall operate to disturb the bonndary lines of any States heretofore recognized by and now represented in the Congress of the United States.

Mr. KELLEY'S amendment was modified so as to provide for striking out the word "white" in the enrollment section.

Mr. WILSON modified his substitute, so as to make it read:

That Senators and Representatives shall not be received from any State heretofore declared in rebellion against the United States until Congress, by concurrent action of both Houses, shall have first declared a just local government, republican in form, to have been organized therein, and such State to be entitled to representation in the respective Houses of Congress.

Mr. ELIOT modified his, so as to make it read:

That the States declared to be in rebellion against the United States, and within which the authority of the Constitution and laws of the United States has been overthrown, shall not be permitted to resume their political relations with the Government of the United States, until, by action of the loyal citizens within such States respectively, a State constitution shall be ordained and established, republican in form, forever prohibiting involuntary Bervitude within said State, and guaranteeing to all persons freedom and equal rights before the law.

On motion of Mr. MALLORY, the bill was laid on the table-yeas 92, nays 64, as follows:

NAYS-Messrs. Allison, Ames, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Brandegee, Broomall, Ambrose W Clark, Cole, Henry Winter Davis, Deming, Dixon, Donnelly, Driggs, Dumont, Eliot, Hubbard, John H. Hubbard, Ingersoll, Jenckes, Kelley, Francis W. Kellogg, Orlando Kellogg, Knox, Loan, Longyear, McBride, McClurg, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Price, John II. Rice, Edward II Rollins, Schenck, Scofield, Shannon, Sloan, Smithers, Starr, Thayer, Upson, Williams, Wilson, Woodbridge, Worthington-64.

February 22-Mr. WILSON, from the Judiciary Committee, reported this bill:

That neither the people nor the Legislature of any State, the people of which were declared to be in insurrection against the United States by the proclamation of the President, dated August 16, 1861, shall hereafter elect Repre sentatives or Senators to the Congress of the United States until the President, by proclamation, shall have declared that armed hostility to the Government of the United States within such State has ceased; nor until the people of such State shall have adopted a constitution of government not repugnant to the Constitution and laws of the United States; nor until, by a law of Congress, such State shall have been declared to be entitled to representation in the Congress of the United States of America.

offered by him yesterday.
Mr. ASHLEY offered, as a substitute, the bill

Mr. KELLEY moved to strike out the word "white" from the Enrollment section.

Mr. BLAIR moved that the bill be tabled; which was agreed to-yeas 80, nays 65, as follows:

YEAS-Messrs. James C. Allen, Ancona, Anderson, Baily, Blair, Bliss, Brooks, William G. Brown, Chanler, Clay, Cobb, Cox, Cravens, Dawes, Dawson, Denison, Eden, Edgerton, Eldridge, English, Finck, Gunson, Gooch, Grider, Griswold, Hull, Harding, Harrington, Benjamin G. Harris, Charles M. Harris, Herrick, Holman, Hutchins, Kalbfleisch, Kasson, Kernan, Knapp, Law, Lazear, Le Blond, Long, Mallory, Marcy, Marvin, Me Allister, McKinney, William H. Miller, James R. Morris, Morrison, Nelson, Noble, Odell, Pendleton, Perry, Pike, Pomeroy, Pruyn, Radford, Samuel J. Randall, William H. Randall, Alexander H Rice, Rogers, James S. Rollins, Ross, Smith, John B. Steele, William G. Steele, Stiles, Strouse, Stuart, Townsend, Tracy, Voorhees, Wadsworth, William B. Washburn, Whaley, Wheeler, Winfield, Fernando Wood, Yeaman-80.

NAYS-Messrs. Allison, Ames, Ashley, John D. Baldwin, Baxter, Beaman, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, Cole, Henry Winter Davis, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, Garfield, Grinnell, Higby, Hooper, Asahel W. Hubbard, John H. Hubbard, Hulburd, Ingersoll, Jenckes, Kelley, Orlando Kellogg, Knox, Littlejohn, Loan, Longyear, McBride, McClurg, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Orth, Perham, Price, John II. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Smithers, Starr, Stevens, Thayer, Upson, Van Valkenburgh, Ellihu B. Washburne, Williams, Wilder, Wilson, Woodbridge-65.

REPRESENTATION IN THE ELECTO-
RAL COLLEGE.

IN HOUSE OF REPRESENTATIVES. 1865, January 30-Mr. WILSON reported from the Committee on the Judiciary this resolution, which was passed without a division: Joint resolution declaring certain States not entitled to representation in the electoral college.

Whereas the inhabitants and local authorities of the

YEAS-Messrs. James C. Allen, Ancona, Anderson, Baily, Augustus C. Baldwin, Blair, Bliss, Boyd, William G. Brown, Chanter, Clay, Cobb, Coffroth, Cor, Cravens, Thomas T. Davis, Dawes, Dawson, Denison, Eckley, Eden, Edgerton, Eldridge, English, Finck, Ganson, Gooch, Grider, Griswold, Hale, Hall, States of Virginia, North Carolina, South Carolina, Georgia, Harding. Harrington, Benjamin G. Harris, Charles M. Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, Harris, Herrick, Holman, Hulburd, Hutchins, Julian, Kalb and Tennessee rebelled against the government of the fleich, Kernan, King, Knapp, Law, Lazear, Le Blond, United States, and have continued in a state of armed reLittlejohn, Long, Mallory, Marcy, Marvin, McAllister, Mc-bellion for more than three years, and were in said state of

Mr. COLLAMER moved this as a substitute for lows: the preamble and resolution:

That the people of no State, the inhabitants whereof have been declared in a State of insurrection by virtue of the fifth section of the act entitled "An act further to provide for the collection of duties on imports, and for other purposes," approved March July 13, 1861, shall be regarded as empowered to elect electors of President and Vice President of the United States until said condition of insurrection shall cease and be so declared by virtue of a law of the United States, or until they shall be represented in both houses of Congress.

February 4-Mr. COLLAMER'S amendment was

Nor shall any vote east by any such electors elected by rejected—yeas 13, nays 27, as follows:

the votes of the inhabitants of any such State, or the Legislature thereof, be received or counted.

Mr. LANE, of Indiana, moved to postpone NAYS-Messrs. Buckalew, Chandler, Conness, Cowan, the revolution indefinitely, which was lost-Davis, Doolittle, Foster, Hale, Harris, Henderson. Hendricks, yeas 11, ays 26, as follows:

NAYS-Messrs. Anthony, Brown, Buckalew, Chandler, Clark, Collamer, Couness, Davis, Dixon, Farwell, Foster Grimes, Hale, Harlan, Henderson, Hendricks, Howard, Johnson, Morgan, Morrill, Nye, Powell, Ramsey, Saulsbury, Sherman, Sumner, Ten Eyck, Trumbull, Wade, Wright-30.

And the resolution passed-yeas 29, nays 10:

the military authority acting in conjunction with promi

be more than half the number of voters in the same parishes previous to the rebellion, and more than two-thirds of the voting population within the same localities at the time the registry was taken. The next step taken in the reorganization of the State government was the election of State officers on the 221 of February, 1864, under the auspices of nent and influential citizens. At this election 11,414 votes YEAS-Messrs. Anthony, Brown, Buckalew, Chandler, were polled, 808 of which were cast by soldiers and sailorsClark, Collamer, Conness, Davis, Dixon, Farwell, Foster, citizens of Louisiana, who would not have been entitled to Grimes, Hale, Harian, Henderson. Hendricks, Howard, vote under the constitution of Louisiana as it existed prior Johnson, Morgan, Morrill, Nye, Powell, Ramsey, Sherman, to the rebellion, for the sole reason that they were in the Stewart, Sumner, Trumbull, Wade, Wright-29. military service, but who possessed in other respects all the NAYS-Messrs. Cowan, Doolittle, Harris, Howe, Lane of qualifications of voters required by that instrument. The Kansas, Nesmith, Saulsbury, Ten Eyck, Van Winkle, Wil-balance, 10,006, were legal voters under the constitution of ley-10. the State prior to the rebellion. The third step in the reorganization of the State government was to call a convention for the amendment of the constitution of the State. Delegates to this convention were elected March 28, 1864, under the joint and harmonious direction of the military anthorities, and the State officers who had been elected on the 224 February previous. In a paper submitted to the committee by Major General Banks he states that delegates were apportioned to every election district in the State, lines of the army the people of the State had chosen to parboth within and beyond the lines, so that if beyond the ticipate in that election, the delegates might have been received if they had shown themselves loyal to the govern ment. They were about 150 in number. All elections subsequent to that for delegates have been ordered and controlled by the representatives of the people.

February 4-The House concurred in the amendments.

Pending this question, Mr. YEAMAN proposed to offer this substitute for the resolution, but, on the point being raised, it was ruled out of order at that stage:

That the votes of the Presidential electors of any State shall be counted when presented and verified in the ordinary and legal method; and it is incompetent and immaterial for Congress to go behind such verification, and inquire whether a part of the citizens of such State may have been in rebellion; and all laws and parts of laws and joint resolutions incompatible with this are hereby repealed.

Februar 10-This message from the PRESI
DENT was laid before the Senate:
To the honorable the Senate and

House of Representatives:

The delegates met in convention, in the city of New Or leans, on the 6th day of April, 1864, remained in session till July 23. 1864, and adopted a constitution, republican in form, and in catire harmony with the Constitution of the United States and the great principles of human lib

In the organization of the convention it was provided that a majority of the whole number apportioned to the State, if every district within and beyond the lines had been represented, should constitute a quorum for the transac tion of business. Every vote in the convention, from a question of order to the ratification of the constitution, The joint resolution entitled "Joint resolution declaring was conducted under this rule, and was approved by a macertain States not entitled to representation in the Elec-jority of all the delegates apportioned to the State if every toral College" has been signed by the Executive, in defer- district had been represented. ence to the view of Congress implied in its passage and presentation to him. In his own view, however, the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal; and it is not competent for the Executive to defeat or oberty. struct that power by a veto, as would be the case if his action were at all essential in the matter. Ile disclaims all right of the Executive to interfere in any way in the matter of canvassing or counting electoral votes, and he also disclaims that, by signing said resolution, he has expressed any opinion on the recitals of the preamble, or any judgment of his own upon the subject of the resolution. ABRAHAM LINCOLN. EXECUTIVE MANSION, February 8, 1865.

THE LOUISIANA QUESTION.

IN SENATE.

1864, December 7--The credentials of Charles Smith and R. King Cutler, as Senators, were presented, and referred to the Committee on the Judiciary.

1865, February 18-Mr. TRUMBULL made this written report:

The Committee on the Judiciary, to whom were referred the credentials of R. King Cutler and Charles Smith, claiming seats from the State of Louisiana, report:

That in the early part of eighteen hundred and sixtyone the constituted authorities of the State of Louisiana undertook to withdraw that State from the Union, and so far succeeded in the attempt as by force of arms to expel from the State for a time the authority of the United States, and set up a government in hostility thereto.

This constitution was submitted, by the convention which adopted it, to the people for ratification, on the first Monday of September, 1864, and adopted by a vote of 6.836 for, to 1,566 against it.

At the same time the vote was taken on the adoption of the constitution, a legislature was elected, representing all those parishes of the State reclaimed from insurgent control, and embracing about two thirds of its population. This legislature assembled at New Orleans on the 3d day of October, 1864, and proceeded to put in operation a State government by providing for levying and electing taxes, the establishment of tribunals for the administration of justice, the adoption of a system of education, and such other measures as were necessary to the re-establishment of a State government in harmony with the Constitution and laws of the United States. The State government thus inaugurated has been in successful operation since the period of its establishment, and your committee are assured that if no exterior hostile force is permitted to enter the State, the local State government is fully equal to the maintaining of peace and tranquillity throughout the State, in subordination to the Constitution and laws of the United States.

The manner in which the new State government was inaugurated is not wholly free from objection. The local State authorities having rebelled against the government, and there being no State or local officers in existence loyal to its authority, in taking the initiatory steps for a reorganization, some irregularities were unavoidable, and the number of voters participating in this reorganization is less than would have been desirable. Yet, when we take into Since that time the United States, as a necessity to the consideration the large number of voters who had left the maintaining of its legitimate authority in Louisiana as one State in consequence of the rebellion, who had fallen in of the States of the Union, has been compelled to take pos- battle, or were absent at the time of the election, both in session thereof by its military forces, and, in the absence the Union and rebel armies, and the difficulties attending of any local organizations or civil magistrates loyal to the the obtaining of a full vote from those remaining, in conseUnion, temporarily to govern the same by military power. quence of the unsettled condition of affairs in the State, and While a large portion of the State, embracing more than the further fact that the adoption of the amended constitutwo-thirds of its population, was thus under the control of tion was not seriously opposed, and therefore the question the military power, steps were taken, with its sanction, and of its ratification not calculated to call out a full vote, the to some extent under its direction, for the reorganization number of votes cast is perhaps as large as could have been of a State government loyal to the government of the Uni- expected,and the State government which has been reorganted States. The first action had looking to such reorganiza-ized, as your committee believe, fairly represents a majority tion was a registration of the loyal persons within the lim- of the loyal voters of the State. its of military control entitled to vote under the constitution and laws of Louisiana at the beginning of the rebellion. The lists thus made up contain the names of between fifteen and eighteen thousand voters, which is represented to

Appended hereto is a copy of the various orders and proclamations issued in regard to the election of State officers, delegates to the Constitutional convention, and members of the legislature, and also a copy of election laws and instruc

tions relative to the duties of commissioners of elections, lished State the consent of the governed shall be the only issued for the guidance of officers in conducting said elec-just foundation of government, and all men shall be equal tion. Before the law.

Messrs. Cutler and Smith, the claimants for seats, were duly elected senators by the legislature which convened on the third day of October, 1864, and but for the fact that, in pursuance of an act of Congress passed on the 15th day of July, 1861, the inhabitants of the State of Louisiana were declared to be in a state of insurrection against the United States, and all commercial intercourse between them and the citizens of other States declared to be unlawful, which condition of things had not ceased at the time of the reorganization of the State government and the election of Messrs. Cutler and Smith, your committee would recommend their immediate admission to seats.

The persons in possession of the local authorities of Louisiana having rebelled against the authority of the United States, and her inhabitants having been declared to be in a state of insurrection in pursuance of a law passed by the two Houses of Congress, your committee deem it improper for this body to admit to seats senators from Louisiana, till by some joint action of both Houses there shall be some recognition of an existing State government acting in harmony with the government of the United States, and recognizing its authority.

Your committee therefore recommend for adoption, before taking definite action upon the right of the claimants to seats, the accompanying joint resolution.

The joint resolution is as follows:

Resolved, dc., That the United States do hereby recognize the government of the State of Louisiana, inaugurated under and by the convention which assembled on the 6th day of April, A. D. 1864, at the city of New Orleans, as the legitimate government of the said State, and entitled to the guaranties and all other rights of a State government under the Constitution of the United States.

SEC. 4. That, independent of the Declaration of Independence, it is plain that any duty imposed by the Consti tution must be performed in conformity with justice and rea son, and in the light of existing facts; that, therefore, in the performance of this guarantee, there can be no power under the Constitution to disfranchise loyal people, or to recognize any such disfranchisement, especially when it may hand over the loyal majority to the government of the disloyal minority; nor can there be any power under the Constitu tion to discriminate in favor of the rebellion by admitting to the electoral franchise rebels who have forfeited all rights and by excluding loyal persons who have never for feited any right.

SEC. 5. That the United States, now called at a crisis of history to perform this guarantee, will fail in duty under the Constitution, should they allow the re-establishment of any State without proper safeguards for the rights of all the citizens, and especially without making it impossible for rebels now in arms against the national government to trample upon the rights of those who are now fighting the battles of the Union.

SEC. 6. That the path of justice is also the path of peace, and that for the sake of peace it is better to obey the Constitution, and, in conformity with its requirements in the performance of the guarantee, to re establish State governments on the consent of the governed and the equality of all persons before the law, to the end that the foundations thereof may be permanent, and that no loyal majorities may be again overthrown or ruled by any oligarchical class.

SEC. 7. That a government founded on military power, or having its origin in military orders, cannot be a reput lican form of government" according to the requirement of the Constitution; and that its recognition will be con

February 23-Mr. SUMNER moved this sub-trary not only to the Constitution, but also to that essen

stitute:

tial principal of our government which, in the language of Jefferson, establishes "the supremacy of the civil over the military authority."

That neither the people nor the Legislature of any State, the people of which were declared to be in insurrection SEC. 8. That in the States whose governments have been against the United States by the proclamation of the Presi- already vacated, a government founded on an oligarchical dent, dated August 16, 1861, shall hereafter elect Repre-class, even if erroneously recognized as a "republican form

government" under the guarantee of the Constitution, cannot sustain itself securely without national support; that such an oligarchical government is not competent at of a State; and that its recognition as a legitimate govern this moment to discharge the duties and execute the powers

sentatives or Senators to the Congress of the United States until the President, by proclamation, shall have declared that armed hostility to the Government of the United States within such State has ceased; nor until the people of such State shall have adopted a constitution of government will tend to enfeeble the Union, to postpone the day ment not repugnant to the Constitution and laws of the United States; nor until, by a law of Congress, such State shall have been declared to be entitled to representation in the Congress of the United States of America.

Which was not agreed to-yeas 8, nays 29, as follows:

YEAS-Messrs. Brown, Conness, Grimes, Howard, Sprague, Stewart, Sumner, Wade-8.

NAYS-Messrs. Anthony, Buckalew, Carlile, Collamer, Cowan, Dixon, Doolittle, Farwell, Foster, Ha'e, Harlan, Harris, Hendricks, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Nye, Pomeroy, Powell, Ramsey, Richardson, Riddle, Ten Eyck, Trumbull, Willey, Wright-29.

February 25-Mr. SUMNER gave notice of his intention to offer this substitute at the proper time:

That it is the duty of the United States, at the earliest practicable moment consistent with the common defence and the general walfare, to re establish by act of Congress republican governments in those States where loyal gov ernments have been vacated by the existing rebellion, and thus, to the full extent of their power, fulfil the requirement of the Constitution, that the United States shall guarantee to every State in this Union a republican form of

government."

SEC. 2. That this important duty is imposed by the Constitution in express terms on "the United States," and not on individuals or classes of individuals, or on any military commander or executive officer, and cannot be intrusted to any such persons, acting, it may be, for an oligarchical class, and in disregard of large numbers of loyal people; but it must be performed by the United States, represented by the President and both Houses of Congress, acting for the whole people thereof.

SEC. 3. That, in determining the extent of this duty, and in the absence of any precise definition of the term "republican form of government," we cannot err, if, when called to perform this guarantee under the Constitution, we adopt the self-evident truths of the Declaration of Independence as an authoritative rule, and insist that in every re-estab

of reconciliation, and to endanger the national tranquillity. SEC. 9. That considerations of expediency are in harmony with the requirements of the Constitution and the dietates of justice and reason, especially now, when colored soldiers have shown their military value; that as their muskets are needed for the national defence against rebels in the field, so are their ballots yet more needed against their support at the ballot-box the cause of human rights the subtle enemies of the Union at home; and that without and of the Union itself will be in constant peril.

February 25-Mr. SUMNER offered this proviso to be added to the resolution:

Provided, That this shall not take effect except upon the fundamental condition that within the State there shall be

no denial of the electoral franchise, or of any other rights before the law. And the Legislature of the State, by a on account of color or race, but all persons shall be equal solemn public act, shall declare the assent of the State to ident of the United States an authentic copy of such assent this fundamental condition, and shall transmit to the Preswhereof he shall, by proclamation, announce the fact; whenever the same shall be adopted, upon the receipt whereupon, without any further proceedings on the part of Congress, this joint resolution shall take effect.

Mr. HENDERSON moved to insert after the word "race," the words " or sex."

After debate, Mr. WADE moved the postponement of the further consideration of the subject until the first Monday of December next; which was not agreed to-yeas 12, nays 17, as follows:

Hendricks, Howard, Powell, Riddle, Sumner, Wade, Wright
YEAS-Messrs. Brown, Buckalew, Carlile, Chandler, Daris,

-12.

lan, Henderson, Howe, Lane of Indiana, Lane of Kansas,
NAYS-Messrs. Clark, Dixon, Doolittle, Foot, Foster, Iar-
Morgan, Pomeroy, Ramsey, Ton Eyck, Trumbull, Willey,
Wilson-17.

The remainder of the sitting was consumed