The amendments of Mr. Bingham and Mr. Blaine were finally combined by

their authors. The combination made an amendment providing that the

"States lately in insurrection" should be restored and relieved of

military rule upon their ratification of the Constitutional Amendment

and adoption of impartial suffrage. In order to "disentangle what

seemed so much entangled," it was moved that the bill be recommitted

to the Judiciary Committee, with instructions to report back

immediately the amendment of Messrs. Blaine and Bingham.

Mr. Stevens then addressed the House, premising that in his state of

health a few words must suffice. He felt a moral depression in viewing

the condition of the party responsible for the doings of Congress.

"For the last few months," said he, "Congress has been sitting here,

and while the South has been bleeding at every pore, Congress has done

nothing to protect the loyal people there, white or black, either in

their persons, in their liberty, or in their property."

Of his previous bill, which had been consigned to its tomb in being

referred to the Committee on Reconstruction, Mr. Stevens said: "I

thought it was a good bill; I had labored upon it in conjunction with

several committees of loyal men from the South for four months; I had

altered and realtered it, written and rewritten it four several times,

and found that it met the approbation of numerous societies and

meetings in all the Southern States. It was, therefore, not altogether

my fault if it was not so good a bill as might be found; but I did

think that, after all, it was uncivil, unjust, indecent not to attempt

to amend it and make it better, to see whether we could do something

to enable our friends in the Southern States to establish institutions

according to the principles of republican government."

Mr. Stevens deprecated a disposition among his friends to be

hypercritical in relation to mere verbal details. "If I might presume

upon my age," said he, "without claiming any of the wisdom of Nestor,

I would suggest to the young gentlemen around me that the deeds of

this burning crisis, of this solemn day, of this thrilling moment,

will cast their shadows far into the future and will make their

impress upon the annals of our history, and that we shall appear upon

the bright pages of that history just in so far as we cordially,

without guile, without bickering, without small criticisms, lend our

aid to promote the great cause of humanity and universal liberty."

The question being taken on the motion to refer to the Committee on

the Judiciary, it was decided in the negative--yeas, 69; nays, 94. The

question was then taken on the passage of the bill. It passed the

House--one hundred and nine voting in the affirmative, and fifty-five

in the negative.

"I wish to inquire, Mr. Speaker," said Mr. Stevens, "if it is in order

for me now to say that we indorse the language of good old Laertes,

that Heaven rules as yet, and there are gods above."

At the evening session of the Senate on the same day, the bill "to

provide for the more efficient government of the insurrectionary

States" was announced as having passed the House, and at once received

its first reading. Mr. Williams gave notice of his intention to

propose an amendment, but on the following day, when the Senate

proceeded to consider the subject, he said that being impressed with

the necessity of the passage of the bill, and fearing that any

amendment might endanger if not defeat it, he had concluded not to

present his amendment.

Mr. Johnson said that the adoption of the amendment would make the

bill much less objectionable to him, although he could not vote for it

even if amended. He then offered the amendment, which was

substantially the same as that proposed by Messrs. Bingham and Blaine

in the House of Representatives.

Mr. Stewart regretted that the Senator from Oregon had changed his

mind in regard to this amendment. "The military bill without that,"

said he, "is an acknowledgment that, after two years of discussion and

earnest thought, we are unable to reconstruct, and are compelled to

turn the matter over to the military. It seems to me that the people

of the United States want and demand something more than a military

government for the South."

Several Senators thought Mr. Stewart was unnecessarily troubled about

military governments in the South. "Are we," asked Mr. Morrill, "who

have stood here for five long, bloody years, and witnessed the

exercise of military power over these rebel States, to be frightened

now by a declaration of that sort? That is not the temper in which I

find myself to-day. I have got so accustomed, if you please, to the

exercise of this authority----"

"That is the trouble," said Mr. Stewart.

"That has not been our trouble that we have exercised power," said Mr.

Morrill; "that has been the salvation of the nation. The trouble has

been from the hesitation to exercise authority when authority was

required."

Mr. Wilson thought that the wisest course would be to pass the bill

just as it came from the House. If it was to be amended at all, he

would propose an amendment that all citizens should "equally possess

the right to pursue all lawful avocations and receive the equal

benefits of the public schools."

"I think the amendments," said Mr. Howard, "entirely incompatible with

the scheme and provisions of the bill itself, and that gentlemen will

discover that incompatibility on looking into it."

Mr. Henderson thought that the remedy proposed by him long before

would be found the only cure for the ills of the nation. "I offered,"

said he, "twelve months ago, a proposition, as a constitutional

amendment, that was to give political rights to the negroes. Some

Senators said it was a humbug, that it was Jacob Townsend's

Sarsaparilla, or some thing to that effect, that it would amount to

nothing. Now, I will ask what other protection can you give to a Union

man in the Southern States than the ballot?"

Since the bill must be passed both Houses and go to the President by

the following Tuesday, in order to give Congress time to pass it over

his veto, Mr. Williams, who had the bill in charge, was desirous of

having it passed upon in the Senate on the evening of the day of this

discussion, February 15th. Several Senators protested against this as

unreasonable haste. "It is extraordinary," said Mr. Doolittle, "that a

bill of this kind, that proposes to establish a military despotism

over eight million people and a country larger than England, France,

and Spain combined, is to be pressed to a vote in this Senate the

first day it is taken up for consideration."

"If the measure will not bear argument," said Mr. Hendricks, "then let

it be passed in the dark hours of the night. I think it is becoming,

when despotism is established in this free land, that the best blood

that ever ran in mortal veins was shed to make free, that that

despotism shall be established when the sun does not shed its bright

light upon the earth. It is a work for darkness and not for light."

"He talks about establishing a despotism," said Mr. Henderson, "and

gets into a perfect fret about it. Why, sir, the Southern States have

presented nothing but a despotism for the last six years. During the

rebel rule it was a despotism, the veriest despotism ever established

upon earth; and since the rebel rule ceased, the President of the

United States certainly has governed the Southern States without ever

consulting Congress on the subject."

The Senate held an evening session for the consideration of this bill.

Mr. Hendricks proposed to modify the pending amendment so as to

provide for impartial rather than universal suffrage. He thought that

States should be allowed to limit suffrage. Mr. Saulsbury would not

vote for this amendment because he was unwilling to "touch, taste, or

handle the unclean thing." On the other hand, Mr. Davis could vote for

it because he preferred a "little unclean thing" to "a big one." Mr.

Hendricks finally withdrew his amendment.

Mr. Doolittle hoped that the majority would seriously weigh this

question because on it might depend whether the people of the South

would accept the Constitutional Amendment, and accept the proposition

necessary to get rid of military despotism.

"Make them," said Mr. Wilson.

"I ask," said Mr. Doolittle, "if that is the true language of a

statesman, to say to a people who have been educated in the largest

liberty, a people in whose veins the Anglo-Saxon blood is flowing,

which for a thousand years has been fighting against despotism of

every form, 'You must accept this position at the point of the

bayonet, or forever live with the bayonet at your throats?' Is that

the way to make peace?"

"I think it is statesmanship," replied Mr. Wilson, "to settle this

question of reconstruction upon the solid basis of the perfect

equality of rights and privileges among citizens of the United States.

Colored men are citizens, and they have just as much right as this

race whose blood has been fighting against oppression for a thousand

years, as he says, and any settlement of this civil war upon any other

basis than perfect equality of rights and privileges among citizens of

the United States is not statesmanship; it is mere trifling; only

keeping open questions for future controversy. Nothing is settled

unless it is settled upon the basis of justice."

"I shall vote for this amendment," said Mr. Lane, "believing that it

is necessary to make a perfect system for the restoration of the

lately rebellious States."

"The amendment," said Mr. Johnson, "is objectionable to me only upon

the ground that it denies to those States the right of coming into the

Union entitled to representation until they extend the suffrage,

because I believe the right of suffrage is a matter with which the

Congress of the United States has no concern."

"I know perfectly well," said Mr. Buckalew, "that a vote for this

amendment, although given under circumstances which do not commit me

to the proposition as a final one, will be misunderstood and

perverted. It will be said throughout the country of each of those who

stand in the position in which I stand, that we have departed, to some

extent at least, from that position which we have hitherto maintained,

and maintained against all the influences of the time, against the

pressure of circumstances which have swept many from our side and

carried them into the large and swollen camp of the majority. Sir, I

for one am ambitious of being known as one among that number of men

who have kept their faith, who have followed their convictions, who

have obeyed the dictation of duty in the worst of times, who did not

bend when the storm beat hardest and strongest against them, but kept

their honor unsullied, their faith intact, their self-respect unbroken

and entire."

"My object is," said Mr. Henderson, when proposing to modify the

pending amendment, "to secure the franchise, and after that is

secured, to go forward and establish civil governments in the Southern

States."

Extended arguments against the measure were made by Mr. Johnson and

Mr. Hendricks. At twelve o'clock the minority desired to adjourn, and

the friends of the measure would have been willing to do so could an

understanding have been had as to an hour on the following day when

the vote would be taken.

Mr. McDougall would submit to no such-limitation upon free speech. "I

do not expect myself," said he, "to speak at any great length, but yet

if upon careful consideration I should choose to do so, or if

possessing the recollections of past times and memories and reasons

and considerations that yet lay in my hidden memories I shall choose

to talk for a longer period, I shall claim the right to do so."

"I am anxious to give my views on this subject," said Mr. Davis. "I do

not feel able to give them at this late hour of the night; still, I

believe I could hang on for three or four hours if I was disposed to

do so, [laughter,] but I believe that to-morrow I should not occupy

more than at the farthest two hours of the time of the Senate."

Numerous amendments were proposed, much discursive talk was indulged

in, and many motions to adjourn were voted down. At length, three

o'clock of Saturday morning, February 16th, having arrived, an

adjournment was brought about by means of a very long amendment

proposed by Mr. Henderson as a substitute for the entire bill. This

opening up a new discussion, the friends of the pending bill saw the

impossibility of coming to a speedy vote, and consented to an

adjournment.

On the reässembling of the Senate on Saturday, February 16th, Mr.

Doolittle delivered a very long speech in opposition to the bill, and

in vindication of his political course which had been called in

question by the "Radicals of Wisconsin." "I rise," said he, "to plead

for what I believe to be the life of the republic, and for that spirit

which gives it life. I stand here, also, to answer for myself;

because, foreseeing and resisting from the beginning what I knew must

follow as the logical consequences of the adoption of certain

fundamental heresies originating in Massachusetts, and of which the

honorable Senator upon my right [Mr. Sumner] is the advocate and

champion, I have been for more than eighteen months denounced in my

State by many of my former political associates and friends."

At the evening session of the Senate, Mr. Saulsbury and Mr. Davis

delivered extended speeches against the measure. "I appeal to you,

sir," said Mr. Saulsbury; "I appeal to those who exercise political

power in this country now, by all the memories that cluster around the

glorious past; by the recollection of the noble deeds and heroic

sufferings of our ancestors, for you and for me, for your posterity

and for my posterity; by all the bright realizations which might be

ours in this present hour; by all the bright future and all the

glories which are in that immediate future, stop your aggressions upon

the Constitution of your country."

The vote having been taken on the amendment proposed by Mr. Johnson

and the substitute of Mr. Henderson, they were both rejected.

Mr. Sherman then offered an amendment in the nature of a substitute,

the preamble of which declared that "No legal State governments or

adequate protection for life or property now exist in the rebel

States." It retained the military feature of the original bill, with

the modification that the President, instead of the General of the

army, should appoint district commanders. The most important part of

the amendment was a plan of reconstruction, which added a new section

to the bill in the following form:

"SEC. 5. _And be it further enacted_, That when the people

of any one of said rebel States shall have formed a

Constitution of government in conformity with the

Constitution of the United States in all respects, framed by

a convention of delegates elected by the male citizens of

said State twenty-one years old and upward, of whatever

race, color, or previous condition of servitude, who have

been resident in said State for one year previous to the day

of such election, except such as may be disfranchised for

participation in the rebellion, or for felony at common law,

and when such Constitution shall provide that the elective

franchise shall be enjoyed by all such persons as have the

qualifications herein stated for electors of delegates, and

when such Constitution shall be ratified by a majority of

the persons voting on the question of ratification who are

qualified as electors of delegates, and when such

Constitution shall have been submitted to Congress for

examination and approval, and Congress shall have appointed

the same, and when said State, by a vote of its Legislature

elected under said Constitution, shall have adopted the

amendment to the Constitution of the United States proposed

by the Thirty-ninth Congress, and known as article fourteen,

and when said article shall have become a part of the

Constitution of the United States, said State shall be

declared entitled to representation in Congress, and

Senators and Representatives shall be admitted therefrom on

their taking the oath prescribed by law, and then and

thereafter the preceding sections of this act shall be

inoperative in said State."

Mr. Sherman made a brief speech in explanation of the bill. "All there

is material in the bill," said he, "is in the first two lines of the

preamble and the fifth section, in my judgment. The first two lines

may lay the foundation, by adopting the proclamation issued first to

North Carolina, that the rebellion had swept away all the civil

governments in the Southern States; and the fifth section points out

the mode by which the people of those States, in their own manner,

without any limitations or restrictions by Congress, may get back to

full representation in Congress."

After numerous propositions to amend, and speeches against the bill by

Messrs. Hendricks, Cowan, Buckalew and McDougall, the Senate reached a

vote upon the bill at six o'clock on Sunday morning. Twenty-nine voted

in the affirmative, namely:

Messrs. Anthony, Brown, Cattell, Chandler, Conness, Cragin,

Creswell, Fogg, Frelinghuysen, Grimes, Howard, Howe,

Kirkwood, Lane, Morgan, Morrill, Poland, Pomeroy, Ramsey,

Ross, Sherman, Stewart, Trumbull, Van Winkle, Wade, Willey,

Williams, Wilson, and Yates.

Ten voted in the negative, to-wit:

Messrs. Buckalew, Cowan, Davis, Doolittle, Hendricks,

McDougall, Nesmith, Norton, Patterson, and Saulsbury.

The Senate amended the title of the bill by substituting the word

"rebel" for "insurrectionary." Thus passed in the Senate the great

measure entitled "A bill to provide for the more efficient government

of the rebel States."

On Monday, February 18th, the bill, as amended, came before the House.

Mr. Stevens moved that the amendments of the Senate be non-concurred

in, and that the House ask a Committee of Conference.

Mr. Boutwell opposed the amendment. "If I did not believe," said he,

"that this bill, in the form in which it now comes to us from the

Senate, was fraught with great and permanent danger to the country, I

would not attempt to resist further its passage."

He objected to the bill on the ground that it proposed to reconstruct

the rebel State governments at once, through the agency of disloyal

men, and that it gave additional power to the President when he had

failed to use the vast power which he already possessed in behalf of

loyalty and justice.

Mr. Stokes saw in the bill the principle of universal amnesty and

universal suffrage. "I would rather have nothing," said he, "if these

governments are reconstructed in a way that will place the rebels over

Union men."

"Now, what has the Senate done?" Mr. Stevens asked. "Sent back to us

an amendment which contains every thing else but protection. It has

sent us back a bill which raises the whole question in dispute as to

the best mode of reconstructing these States by distant and future

pledges which this Congress has no authority to make and no power to

execute. What power has this Congress to say to a future Congress,

When the Southern States have done certain things, you shall admit

them, and receive their members into this House?"

"Our friends," said he, in another part of his remarks, "who love this

bill, love it now because the President is to execute it, as he has

executed every law for the last two years, by the murder of Union men,

and by despising Congress and flinging into our teeth all that we seek

to have done."

Mr. Stevens thought that in two hours a Committee of Conference could

frame a bill and report it to the House free from all these

difficulties--free from all this extraneous matter--which would

protect every loyal man in the Southern States, and do no injustice to

the disloyal.

Mr. Blaine supported the bill as it came from the Senate. "Congress,"

said he, "no more guarantees, under this bill, the right of any rebel

in any State to vote than did Congress guarantee to the rebels in

Tennessee the right to vote."

"Although this bill," said Mr. Wilson of Iowa, "does not attain all I

desire to accomplish, it does embrace much upon which I have insisted.

It reaches far beyond any thing which the most sanguine of us hoped

for a year ago. It secures equal suffrage to all loyal men; it sets

aside the pretended governments which now abuse power in the rebel

States; it insists on the ratification of the Constitutional

Amendment, under the operation of which all the rebels who now occupy

official position in the States affected by this bill will be rendered

ineligible to office, State or national; it presents an affirmative

policy, on the part of Congress, hostile to that of the President; it

demonstrates the ability of Congress to agree upon a given line of

future action; and, finally, it reserves to Congress jurisdiction over

the whole case when the people of any Southern disorganized State may

present a Constitution and ask for admission to this body as a part of

the governing power of the nation. There is too much of good in this

to be rejected. I will vote to concur in the amendment of the Senate."

Mr. Bingham maintained that in the bill, as it passed the House, they

had voted as extensive powers to the President as were conferred upon

him by the bill as amended by the Senate. The former bill provided

that the General in command of the army should detail army officers;

but all officers of the army are under command of the Commander-in-chief

as constituted by the supreme law of the land. "For myself," said he,

"I had rather that my right hand should forget its cunning, and that

my tongue should cleave to the roof of my mouth, than to find myself

here so false to my own convictions, and so false to the high trust

committed to me by that people who sent me here as to vote against

this bill."

"This bill," said Mr. Farnsworth, "provides a platform ten steps in

advance of the platform upon which we went to the people last fall. We

then only expected the ratification of the amendment to the

Constitution proposed by Congress at its last session, and the

formation of Constitutions, republican in form, which should give the

people there the right to send loyal men here as Senators and

Representatives. But by this bill we extend impartial suffrage to the

black man--universal suffrage."

"I am one of those who believe we ought to do something," said Mr.

Schenck. "I believe we ought to declare to these rebel States, as we

do by this bill, that they shall be put under martial law, and held by

the strong hand to keep the peace until they have complied with

whatever conditions are imposed upon them. But while we do this, I

think it equally important to announce to them, to announce to the

country, to announce to our constituents as the completion of the

whole platform upon which we go before the nation, the terms which we

require of them."

Mr. Garfield favored the Senate amendment. "There are some gentlemen,"

said he, "who live among the eagles on the high mountain peaks, beyond

the limit of perpetual frost, and they see the lineaments in the face

of freedom so much clearer than I do, whenever any measure comes here

that seems almost to grasp our purpose, they rise and tell us it is

all poor and mean and a surrender of liberty."

"These terms embrace, in my judgment," said Mr. Thayer, "every

guarantee, every safeguard, and every check which it is proper for us

to demand or apply. Upon these foundations we can safely build, for by

them we retain the final control of the question in our own hands."

Mr. Hotchkiss opposed the bill as amended. "If you allow this bill to

go into operation as it now stands," said he, "without making any

amendment of its provisions, and permit these elections to be held, as

they must necessarily be held under this bill, under the authority,

control, and regulation of the rebel governments in those States,

there will be no security whatever, and you will have the elections in

New Orleans held under the control of Mayor Monroe and the mob which

he used to such fell purpose last summer. That is the entertainment to

which this bill invites us.

"I regard this as a flank movement," said Mr. Bromwell, "by which is

to be brought about that darling scheme of certain politicians--universal

amnesty and universal suffrage. Whether it end in universal suffrage

or not, one thing is certain, it is universal amnesty."

"It would be emphatically," said Mr. Donnelly, "a government of

rebels. I say a government of rebels, because although the amendment

which has reached us from the Senate contains the words, 'Except such

as may be disfranchised for participation in the rebellion,' that

disfranchisement has to come from the rebels themselves, and surely

there is no man upon this floor weak enough to suppose that they will

so disfranchise themselves."

Mr. Le Blond opposed both bills. Of the one before the House, he said:

"This bill is quite as infamous, quite as absurd, as the bill that the

distinguished gentleman from Pennsylvania, [Mr. Stevens,] who is

Chairman of the Committee on Reconstruction, contends for and hangs so

tenaciously to. It confers all the powers that that bill gives; it

confers all the powers that the most radical could claim

consistently."

"I shall content myself," said Mr. Eldridge, "with denouncing this

measure as most wicked and abominable. It contains all that is

vicious, all that is mischievous in any and all of the propositions

which have come either from the Committee on Reconstruction or from

any gentleman upon the other side of the House."

"If you do not take this bill," said Mr. Delano, "although in all its

parts it does not suit you, what are you likely to give the American

people? Nothing. I will not return to my constituents admitting that I

have failed to try to do something in this great trial of the nation.

It is not for rebels that I legislate; it is not for the right of

those who have sought to destroy this Government that I extend mercy;

but it is for the liberties, rights, and welfare of my country, for

all parts of it."

"If this bill be passed," said Mr. Banks, "in my belief there will be

no loyal party known and no loyal voice heard in any of these States,

from Virginia to Texas."

Many members subsequently presented arguments and opinions for and

against the bill, in speeches limited to fifteen minutes in length.

This occupied a session protracted until near midnight.

On the following morning, February 19th, a vote was taken, and the

House refused to concur in the amendments of the Senate, and asked a

Committee of Conference.

The action of the House having been announced in the Senate, that body

immediately proceeded to consider a motion made by Mr. Williams, that

they insist on their amendment and agree to the conference. The

proposition to give the subject into the hands of a Committee of

Conference was opposed by many Senators, who thought a question of so

much importance should be deliberated upon in a full Senate. If such a

committee were appointed, their report could only be adopted or

rejected without modification or amendment. They would only have the

power which they possess over a nomination by the President--power to

reject a nominee without naming another.

"The result arrived at by the Senate in reference to this bill," said

Mr. Conness, "was after the most mature consideration that was ever

given to any proposition that came before this body, resulting in an

unanimity, at least on this side of the chamber, unparalleled in

legislative proceedings--a result hailed by the country at large,

demanded by the most intelligent and powerful of the American press,

alike acceptable to the industrial and commercial interests of the

country, which suffer from a continual disorganization of the country

affecting its vital industries."

"The fact that it is a very important bill," said Mr. Williams, "only

makes it the more necessary, as it seems to me, to adopt the usual

practice in such cases"--that of appointing a Committee of Conference.

Mr. Sumner favored the appointment of such a committee. The Senate had

made its best endeavor, the House had refused to concur, and now to

ask that body to vote upon the question again without a Committee of

Conference would kill the bill. In such a case there could be no hope

during the session for any just and beneficent measure either of

protection or reconstruction.

Mr. Fessenden had taken no part in the debate upon the bill when it

was on its passage. A majority of his political friends having

determined that the measure which passed the Senate was the best that

could be accomplished, he had deemed it his duty not to present his

individual objections to the bill. "I would have very much preferred,"

said he, "the Military Bill, as it was called, pure and simple,

without having any thing else upon it, and leaving to other

legislation, if it was judged expedient, what else might be done."

Mr. Trumbull had not before said a word in reference to this bill. He

never regarded the Military Bill as it came from the House of

Representatives as of the slightest importance. Section fourteenth, of

the Freedmen's Bureau Bill conferred all the powers given in the

Military Bill. If these had not been used for the protection of the

loyal people of the South, would the reiteration of the statute be to

any purpose? Yet Mr. Trumbull thought the amendment put upon the bill

by the Senate contained every guarantee that had ever been asked for

by any one. He was unwilling that a great question like this, open in

all its parts, should be submitted to a Committee of Conference.

[Illustration: Hon. John Conness, Senator from California.]

The vote was finally taken, after a prolonged discussion. The Senate

insisted on its amendment, and refused to appoint a Committee of

Conference.

The bill having gone back to the House of Representatives, they

resolved by a vote of one hundred and twenty-six to forty-six to

recede from their disagreement to the amendment of the Senate, and to

concur in the same with amendments, providing that no person excluded

from holding office by the recently proposed Constitutional Amendment

should be eligible for membership in the convention to frame a

constitution for any of the rebel States, nor should any such person

be allowed to vote for members of such convention. Another amendment

proposed by the House was the addition of a section (sixth) to the

bill providing that until the rebel States should be admitted to

representation in Congress, any civil governments existing therein

should be deemed provisional only, and subject to the paramount

authority of the United States, who may at any time abolish, modify,

control, or supersede them.

This qualified concurrence on the part of the House having been

announced in the Senate, that body proceeded immediately to consider

the question of acquiescence.

Mr. Sherman said that his only objection to the amendment of the House

was, that it disfranchised ten or fifteen thousand leading rebels from

voting at the elections, yet he was willing to agree to the amendment.

Mr. Sumner congratulated Mr. Sherman on the advanced step he had

taken. "To-morrow," said Mr. Sumner, "I hope to welcome the Senator to

some other height."

Mr. Sherman was unwilling to admit that he had come to Mr. Sumner's

stand-point. He was willing to accept the bill, although it excluded a

few thousand rebels from voting, yet "I would rather have them all

vote," said he, "white and black, under the stringent restrictions of

this bill, and let the governments of the Southern States that are

about now to rise upon the permanent foundation of universal liberty

and universal equality, stand upon the consent of the governed, white

and black, former slaves and former masters."

Then followed an extended discussion of the question as to whether the

Senate should agree to the amendments proposed by the House. Mr.

Doolittle proposed and advocated an amendment providing that nothing

in the bill should be construed to disfranchise persons who have

received pardon and amnesty. This amendment was rejected--yeas, 8;

nays, 33.

The vote was then taken upon the final passage of the bill as amended

by the House; it passed the Senate--yeas, 35; nays, 7.

The Bill "to provide for the more efficient government of the rebel

States," having thus passed both houses of Congress on the 20th of

February, it was immediately submitted to the President for his

approval.

On the second of March the President returned the bill to the House,

in which it originated, with his objections, which were so grave that

he hoped a statement of them might "have some influence on the minds

of the patriotic and enlightened men with whom the decision must

ultimately rest."

The Veto Message was immediately read by the clerk of the House of

Representatives. The following extracts present the President's

principal objections to the measure:

"The bill places all the people of the ten States therein

named under the absolute domination of military rulers. * * *

"It is not denied that the States in question have each of

them an actual government, with all the powers, executive,

judicial, and legislative which properly belong to a free

State. They are organized like the other States of the

Union, and like them they make, administer, and execute the

laws which concern their domestic affairs. An existing _de

facto_ government, exercising such functions as these, is

itself the law of the State upon all matters within its

jurisdiction. To pronounce the supreme law-making power of

an established State illegal is to say that law itself is

unlawful. * * *

"The military rule which it establishes is plainly to be

used, not for any purpose of order or for the prevention of

crime, but solely as a means of coercing the people into the

adoption of principles and measures to which it is known

that they are opposed, and upon which they have an

undeniable right to exercise their own judgment.

"I submit to Congress whether this measure is not, in its

whole character, scope, and object, without precedent and

without authority, in palpable conflict with the plainest

provisions of the Constitution, and utterly destructive to

those great principles of liberty and humanity for which our

ancestors on both sides of the Atlantic have shed so much

blood and expended so much treasure.

* * * * *

"The power thus given to the commanding officer over all the

people of each district is that of an absolute monarch. His

mere will is to take the place of all law. The law of the

States is now the only rule applicable to the subjects

placed under his control, and that is completely displaced

by the clause which declares all interference of State

authority to be null and void. He alone is permitted to

determine what are rights of person or property, and he may

protect them in such way as in his discretion may seem

proper. It places at his free disposal all the lands and

goods in his district, and he may distribute them without

let or hinderance to whom he pleases. Being bound by no

State law, and there being no other law to regulate the

subject, he may make a criminal code of his own; and he can

make it as bloody as any recorded in history, or he can

reserve the privilege of acting upon the impulse of his

private passions in each case that arises. He is bound by no

rules of evidence; there is indeed no provision by which he

is authorized or required to take any evidence at all. Every

thing is a crime which he chooses to call so, and all

persons are condemned whom he pronounces to be guilty. He is

not bound to keep any record or make any report of his

proceedings. He may arrest his victims wherever he finds

them, without warrant, accusation, or proof of probable

cause. If he gives them a trial before he inflicts the

punishment, he gives it of his grace and mercy, not because

he is commanded so to do.

* * * * *

"Cruel or unusual punishment is not to be inflicted, but who

is to decide what is cruel and what is unusual? * * * Each

officer may define cruelty according to his own temper, and

if it is not usual, he will make it usual. Corporal

punishment, imprisonment, the gag, the ball and chain, and

the almost insupportable forms of torture invented for

military punishment lie within the range of choice. The

sentence of a commission is not to be executed without being

approved by the commander, if it affects life or liberty,

and a sentence of death must be approved by the President.

This applies to cases in which there has been a trial and

sentence. I take it to be clear, under this bill, that the

military commander may condemn to death without even the

form of a trial by a military commission, so that the life

of the condemned may depend upon the will of two men instead

of one.

"It is plain that the authority here given to the military

officer amounts to absolute despotism.

* * * * *

"I come now to a question which is, if possible, still more

important. Have we the power to establish and carry into

execution a measure like this? I answer certainly not, if we

derive our authority from the Constitution, and if we are

bound by the limitations which it imposes. This proposition

is perfectly clear; that no branch of the Federal

Government, executive, legislative, or judicial, can have

any just powers except those which it derives through and

exercises under the organic law of the Union. Outside of the

Constitution we have no legal authority more than private

citizens, and within it we have only so much as that

instrument gives us. This broad principle limits all our

function and applies to all subjects. It protects not only

the citizens of States which are within the Union, but it

shields every human being who comes or is brought under our

jurisdiction. "We have no right to do in one place more than

in another that which the Constitution says we shall not do

at all. If, therefore, the Southern States were in truth out

of the Union, we could not treat their people in a way which

the fundamental law forbids. * * *

"If an insurrection should take place in one of our States

against the authority of the State government, and end in

the overthrowing of those who planned it, would they take

away the rights of all the people of the counties where it

was favored by a part or a majority of the population? Could

they for such a reason be wholly outlawed and deprived of

their representation in the Legislature? I have always

contended that the Government of the United States was

sovereign within its constitutional sphere; that it executed

its laws like the States themselves, by applying its

coercive power directly to individuals; and that it could

put down insurrection with the same effect as a State and no

other. The opposite doctrine is the worst heresy of those

who advocated secession, and can not be agreed to without

admitting that heresy to be right.

* * * * *

"This is a bill passed by Congress in time of peace. There

is not in any one of the States brought under its operation

either war or insurrection. The laws of the States and of

the Federal Government are all in undisturbed and harmonious

operation. The courts, State and Federal, are open and in

the full exercise of their proper authority. Over every

State comprised in these five military districts life,

liberty, and property are secured by State laws and Federal

laws, and the national Constitution is every-where enforced

and every-were obeyed.

* * * * *

"Actual war, foreign invasion, domestic insurrection--none

of these appear, and none of these in fact exist. It is not

even recited that any sort of war or insurrection is

threatened."

"Upon this question of constitutional law and the power of Congress,"

the President gave quotations from "a recent decision of the Supreme

Court _ex parte_ Milligan." Having commented upon this opinion, the

President proceeded with his objections:

"I need not say to the Representatives of the American

people that their Constitution forbids the exercise of

judicial power in any way but one; that is, by the ordained

and established courts. It is equally well known that, in

all criminal cases, a trial by jury is made indispensable by

the express words of that instrument. I will not enlarge on

the inestimable value of the right thus secured to every

freeman, or speak of the danger to public liberty, in all

parts of the country, which must ensue from a denial of it

anywhere, or upon any pretense. * * *

"The United States are bound to guaranty to each State a

republican form of government Can it be pretended that this

obligation is not palpably broken if we carry out a measure

like this, which wipes away every vestige of republican

government in ten States, and put the life, property,

liberty and honor of all the people in each of them under

the domination of a single person clothed with unlimited

authority.

* * * * *

"The purpose and object of the bill--the general intent

which pervades it from beginning to end--is to change the

entire structure and character of the State governments, and

to compel them by force to the adoption of organic laws and

regulations which they are unwilling to accept if left to

themselves. The negroes have not asked for the privilege of

voting; the vast majority of them have no idea what it

means. This bill not only thrusts it into their hands, but

compels them, as well as the whites, to use it in a

particular way. If they do not form a Constitution with

prescribed articles in it, and afterward elect a Legislature

which will act upon certain measures in a prescribed way,

neither blacks nor whites can be relieved from the slavery

which the bill imposes upon them. Without pausing here to

consider the policy or impolicy of Africanizing the Southern

part of our territory, I would simply ask the attention of

Congress to that manifest, well-known, and

universally-acknowledged rule of constitutional law which

declares that the Federal Government has no jurisdiction,

authority, or power to regulate such subjects for any State.

To force the right of suffrage out of the hands of the white

people and into the hands of the negroes is an arbitrary

violation of this principle.

"This bill imposes martial law at once, and its operations

will begin so soon as the General and his troops can be put

in place. The dread alternative between its harsh rule and

compliance with the terms of this measure is not suspended,

nor are the people afforded any time for free deliberation.

The bill says to them, Take martial law first, then

deliberate.

* * * * *

"The bill also denies the legality of the governments of ten

of the States which participated in the ratification of the

amendment to the Federal Constitution abolishing slavery

forever within the jurisdiction of the United States, and

practically excludes them from the Union. * * *

"That the measure proposed by this bill does violate the

Constitution in the particulars mentioned, and in many other

ways which I forbear to enumerate is too clear to admit of

the least doubt.

* * * * *

"I am thoroughly convinced that any settlement, or

compromise, or plan of action which is inconsistent with the

principles of the Constitution, will not only be unavailing,

but mischievous; that it will but multiply the present evils

instead of removing them. The Constitution, in its whole

integrity and vigor, throughout the length and breadth of

the land, is the best of all compromises. Besides, our duty

does not, in my judgment, leave us a choice between that and

any other. I believe that it contains the remedy that is so

much needed, and that if the coördinate branches of the

Government would unite upon its provisions, they would be

found broad enough and strong enough to sustain, in time of

peace, the nation which they bore safely through the ordeal

of a protracted civil war. Among the most sacred guarantees

of that instrument are those which declare that 'each State

shall have at least one Representative,' and that 'no State,

without its consent, shall be deprived of its equal suffrage

in the Senate.' Each house is made the 'judge of the

elections, returns, and qualifications of its own members,'

and may, 'with the concurrence of two-thirds, expel a

member.'"

* * * * *

"And is it not far better that the work of restoration

should be accomplished by simple compliance with the plain

requirements of the Constitution, than by a recourse to

measures which, in effect, destroy the States, and threaten

the subversion of the General Government? All that is

necessary to settle this simple but important question,

without further agitation or delay, is a willingness, on the

part of all, to sustain the Constitution, and carry its

provisions into practical operation. If to-morrow either

branch of Congress would declare that, upon the presentation

of their credentials, members constitutionally elected, and

loyal to the General Government, would be admitted to seats

in Congress, while all others would be excluded, and their

places remain vacant until the selection by the people of

loyal and qualified persons; and if, at the same time,

assurance were given that this policy would be continued

until all the States were represented in Congress, it would

send a thrill of joy throughout the entire land, as

indicating the inauguration of a system which must speedily

bring tranquillity to the public mind.

"While we are legislating upon subjects which are of great

importance to the whole people, and which must affect all

parts of the country, not only during the life of the

present generation, but for ages to come, we should remember

that all men are entitled at least to a hearing in the

councils which decide upon the destiny of themselves and

their children. At present ten States are denied

representation, and when the Fortieth Congress assembles, on

the fourth day of the present month, sixteen States will be

without a voice in the House of Representatives. This grave

fact, with the important questions before us, should induce

us to pause in a course of legislation, which, looking

solely to the attainment of political ends, fails to

consider the rights it transgresses, the law which it

violates, or the institutions which it imperils.

"ANDREW JOHNSON."

After the reading of the message, the question came up, "Shall the

bill pass, the objections of the President to the contrary

notwithstanding?"

Mr. Eldridge declared that it would be the duty of the minority, if it

were within their physical power, to defeat the bill. "But we are

conscious," said he, "that no effort of ours can prevent its passage,

and the consequent accomplishment of a dissolution of the Union, and

the overthrow and abandonment of our constitution of government. We

can only, in the name of the Constitution, in the name of the

republic, in the name of all we hold dear on earth, earnestly,

solemnly protest against this action of this Congress."

Mr. Le Blond said that "the passage of this bill would be the

death-knell of republican liberty upon this continent." He declared

his willingness, if a sufficient number on his side of the House would

stand by him, to resist to the utmost extremity of physical exhaustion

the passage of this bill, which would "strike a death-blow to this

Government."

Mr. Stevens would not be discourteous to those who were opposed to

this bill: "I am aware," said he, "of the melancholy feelings with

which they are approaching this funeral of the nation." He was

unwilling, however, to lose the opportunity to pass the bill at once,

and send it to the Senate, that the House might proceed to other

matters.

The vote was taken, and the House passed the bill over the President's

veto--yeas, 135; nays, 48. The announcement of this result was

followed by great applause on the floor and in the galleries.

The immense numbers that had assembled in the galleries of the House

to witness these proceedings went immediately to the other end of the

Capitol to see the reception which the Veto Message would receive in

the Senate. The consideration of the subject, however, was deferred

until the evening session.

The Veto Message having been read in the Senate by the Secretary, the

pending question at once became whether the bill should pass

notwithstanding the objections of the President?

Mr. Johnson advocated the passage of the bill over the veto. "It

contains," said he, speaking of the President's message, "some legal

propositions which are unsound, and many errors of reasoning. I lament

the course he has thought it his duty to pursue, because I see that it

may result in continued turmoil and peril, not only to the South, but

to the entire country. I see before me a distressed, a desolated

country, and in the measure before you I think I see the means through

which it may be rescued and restored erelong to prosperity and a

healthful condition, and the free institutions of our country

preserved."

In reply to a charge of inconsistency brought against him by Mr.

Buckalew, Mr. Johnson said: "Consistency in a public man can never

properly be esteemed a virtue when he becomes satisfied that it will

operate to the prejudice of his country. The pride of opinion, which

more or less belongs to us all, becomes, in my judgment, in a public

man, a crime when it is indulged at the sacrifice or hazard of the

public safety." He urged upon the people of the South their acceptance

of the terms proposed by Congress. In view of the probability these

overtures should be rejected, harsher measures would be resorted to.

Mr. Saulsbury expressed his admiration for the wisdom of the President

in "vetoing the most iniquitous bill that ever was presented to the

Federal Congress." "I hope," said he, "that there may be no man within

the limits of these ten States who will participate in his own

disgrace, degradation, and ruin: let them maintain their honor. If

there be wrath in the vials of the Almighty, if there be arrows of

vengeance in his quiver, such iniquity and injustice can not finally

prove successful."

Mr. Hendricks disagreed with the Senator from Delaware that the people

of the South, at once and without consideration, must turn their backs

upon the proposition now made them in order to maintain their honor.

He hoped they would bring to the consideration of the subject the

coolest judgment and the highest patriotism. He was still opposed to

the bill; he approved of the President's veto. His judgment against

the measure had been "fortified and strengthened by that able

document."

The discussion of the question was continued by Messrs. Buckalew,

Dixon, and Davis, who spoke against the bill. The friends of the

measure were content to let the subject go without a further word from

them, save the solemn and final declaration of their votes.

The question being taken, the bill was passed over the veto by a vote

of almost four-fifths. Thirty-eight Senators voted for the bill in its

final passage, and but ten were found willing to stand by the

President and his veto.

The bill whose progress through Congress has thus been traced became a

law of the land in the following form:

"AN ACT to provide for the more efficient government of the

rebel States

"_Whereas_, no legal State governments or adequate

protection for life or property now exists in the rebel

States of Virginia, North Carolina, South Carolina, Georgia,

Mississippi, Alabama, Louisiana, Florida, Texas, and

Arkansas; and _whereas_ it is necessary that peace and good

order should be enforced in said States until loyal and

republican State governments can be legally established:

therefore,

"_Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled_, That

said rebel States shall be divided into military districts

and made subject to the military authority of the United

States, as hereinafter prescribed; and for that purpose

Virginia shall constitute the first district, North Carolina

and South Carolina the second district, Georgia, Alabama,

and Florida the third district, Mississippi and Arkansas the

fourth district, and Louisiana and Texas the fifth

district.

"SEC. 2. _And be it further enacted_, That it shall be the

duty of the President to assign to the command of each of

said districts an officer of the army not below the rank of

brigadier general, and to detail a sufficient military force

to enable such officer to perform his duties and enforce his

authority within the district to which he is assigned.

"SEC. 3. _And be it further enacted_, That it shall be the

duty of each officer assigned, as aforesaid, to protect all

persons in their rights of person and property, to suppress

insurrection, disorder, and violence, and to punish, or

cause to be punished, all disturbers of the public peace and

criminals; and to this end he may allow local civil

tribunals to take jurisdiction of and to try offenders, or

when in his judgment it may be necessary for the trial of

offenders he shall have power to organize military

commissions or tribunals for that purpose, and all

interference, under color of State authority, with the

exercise of military authority under this act shall be null

and void.

"SEC. 4. _And be it further enacted_, That all persons put

under military arrest by virtue of this act shall be tried

without unnecessary delay, and no cruel or unusual

punishment shall be inflicted, and no sentence of any

military commission or tribunal hereby authorized, affecting

the life or liberty of any person, shall be executed until

it is approved by the officer in command of the district;

and the laws and regulations for the government of the army

shall not be affected by this act, except in so far as they

conflict with its provisions: _Provided_, That no sentence

of death under the provisions of this act shall be carried

into effect without the approval of the President.

"SEC. 5. _And be it further enacted_, That when the people

of any one of said rebel States shall have formed a

constitution of government in conformity with the

Constitution of the United States in all respects, framed by

a convention of delegates elected by the male citizens of

said State twenty-one years old and upward, of whatever

race, color, or previous condition, who have been resident

in said State for one year previous to the day of such

election, except such as may be disfranchised for

participation in the rebellion or for felony at common law,

and when such constitution shall provide that the elective

franchise shall be enjoyed by all such persons as have the

qualifications herein stated for electors of delegates, and

when such Constitution shall be ratified by a majority of

the persons voting on the question of ratification who are

qualified as electors for delegates, and when such

constitution shall have been submitted to Congress for

examination and approval, and Congress shall have approved

the same, and when said State, by a vote of its Legislature

elected under said constitution, shall have adopted the

amendment to the Constitution of the United States, proposed

by the Thirty-ninth Congress, and known as article fourteen,

and when said article shall have become a part of the

Constitution of the United States, said State shall be

declared entitled to representation in Congress, and

Senators and Representatives shall be admitted therefrom on

their taking the oath prescribed by law, and then and

thereafter the preceding sections of this act shall be

inoperative in said State: _Provided_, That no person

excluded from the privilege of holding office by said

proposed amendment to the Constitution of the United States,

shall be eligible to election as a member of the convention

to frame a constitution for any of said rebel States, nor

shall any such person vote for members of such convention.

"SEC. 6. _And be it further enacted_, That, until the people

of said rebel States shall be by law admitted to

representation in the Congress of the United States, any

civil government which may exist therein shall be deemed

provisional only, and in all respects subject to the

paramount authority of the United States at any time to

abolish, modify, control, or supersede the same; and in all

elections to any office under such provisional governments

all persons shall be entitled to vote, and none others, who

are entitled to vote under the provisions of the fifth

section of this act; and no person shall be eligible to any

office under such provisional governments who would be

disqualified from holding office under the provisions of the

third article of said Constitutional Amendment."

The friends of this measure were dissatisfied with it on the ground of

its incompleteness in not containing provisions for carrying it into

effect in accordance with the purpose of its framers. This record

would be incomplete without a statement of what was done to perfect

the measure in the succeeding Congress. The Fortieth Congress, meeting

on the 4th of March, immediately upon the close of its predecessor,

proceeded without delay to perfect and pass over the President's veto

a bill supplementary to the act to provide for the more efficient

government of the rebel States. By this act it was provided that the

commanding general of each district should cause a registration to be

made of the male citizens twenty-one years of age in his district,

qualified to vote under the former act. In order to be registered as a

voter under this act, a person is required to swear that he has not

been disfranchised for participation in any rebellion or civil war

against the United States, nor for felony; that he has never been a

member of any State Legislature, nor held any executive or judicial

office in any State and afterward engaged in insurrection or rebellion

against the United States, or given aid or comfort to the enemies

thereof; that he has never taken an oath as a member of Congress 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, and afterward engaged in

insurrection or rebellion against the United States, or given aid or

comfort to the enemies thereof, and that he will faithfully support

the Constitution and obey the laws of the United States, and encourage

others to do so.

Persons thus qualified shall vote at elections held for the purpose of

selecting delegates to the conventions for framing constitutions for

the States.

A majority of voters so qualified shall determine whether

constitutional conventions shall be held in the several States, and

shall vote for delegates who shall be as numerous as the members of

the most numerous branch of the Legislature of such State in the year

1860. This convention having framed a constitution, it shall be

submitted to the people, and if ratified by a majority of the

qualified voters, it shall be forthwith transmitted to Congress. If

this constitution is satisfactory to Congress, and found to be in

accordance with the provisions of the act of which this is

supplementary, the State shall be declared entitled to representation.

All elections are required to be by ballot, and all officers acting

under the provisions of this act are required to take the test oath.

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