ANDREW JOHNSON.

WASHINGTON, D.C., _July 24, 1866_.

_To the House of Representatives_:

The following "Joint resolution, restoring Tennessee to her relations in

the Union," was last evening presented for my approval:

Whereas in the year 1861 the government of the State of Tennessee was

seized upon and taken possession of by persons in hostility to the

United States, and the inhabitants of said State, in pursuance of an act

of Congress, were declared to be in a state of insurrection against the

United States; and

Whereas said State government can only be restored to its former

political relations in the Union by the consent of the lawmaking power

of the United States; and

Whereas the people of said State did, on the 22d day of February, 1865,

by a large popular vote, adopt and ratify a constitution of government

whereby slavery was abolished and all ordinances and laws of secession

and debts contracted under the same were declared void; and

Whereas a State government has been organized under said constitution

which has ratified the amendment to the Constitution of the United

States abolishing slavery, also the amendment proposed by the

Thirty-ninth Congress, and has done other acts proclaiming and denoting

loyalty: Therefore,

_Be it resolved by the Senate and House of Representatives of the United

States in Congress assembled_, That the State of Tennessee is hereby

restored to her former proper practical relations to the Union, and is

again entitled to be represented by Senators and Representatives in

Congress.

The preamble simply consists of statements, some of which are assumed,

while the resolution is merely a declaration of opinion. It comprises no

legislation, nor does it confer any power which is binding upon the

respective Houses, the Executive, or the States. It does not admit to

their seats in Congress the Senators and Representatives from the State

of Tennessee, for, notwithstanding the passage of the resolution, each

House, in the exercise of the constitutional right to judge for itself

of the elections, returns, and qualifications of its members, may, at

its discretion, admit them or continue to exclude them. If a joint

resolution of this kind were necessary and binding as a condition

precedent to the admission of members of Congress, it would happen, in

the event of a veto by the Executive, that Senators and Representatives

could only be admitted to the halls of legislation by a two-thirds vote

of each of the Houses.

Among other reasons recited in the preamble for the declaration

contained in the resolution is the ratification by the State government

of Tennessee of "the amendment to the Constitution of the United States

abolishing slavery, also the amendment proposed by the Thirty-ninth

Congress." If, as is also declared in the preamble, "said State

government can only be restored to its former political relations in the

Union by the consent of the lawmaking power of the United States," it

would really seem to follow that the joint resolution which at this late

day has received the sanction of Congress should have been passed,

approved, and placed on the statute books before any amendment to the

Constitution was submitted to the legislature of Tennessee for

ratification. Otherwise the inference is plainly deducible that while,

in the opinion of Congress, the people of a State may be too strongly

disloyal to be entitled to representation, they may nevertheless, during

the suspension of their "former proper practical relations to the

Union," have an equally potent voice with other and loyal States in

propositions to amend the Constitution, upon which so essentially depend

the stability, prosperity, and very existence of the nation.

A brief reference to my annual message of the 4th of December last will

show the steps taken by the Executive for the restoration to their

constitutional relations to the Union of the States that had been

affected by the rebellion. Upon the cessation of active hostilities

provisional governors were appointed, conventions called, governors

elected by the people, legislatures assembled, and Senators and

Representatives chosen to the Congress of the United States. At the same

time the courts of the United States were reopened, the blockade

removed, the custom-houses reestablished, and postal operations resumed.

The amendment to the Constitution abolishing slavery forever within the

limits of the country was also submitted to the States, and they were

thus invited to and did participate in its ratification, thus exercising

the highest functions pertaining to a State. In addition nearly all of

these States, through their conventions and legislatures, had adopted

and ratified constitutions "of government whereby slavery was abolished

and all ordinances and laws of secession and debts contracted under the

same were declared void." So far, then, the political existence of the

States and their relations to the Federal Government had been fully and

completely recognized and acknowledged by the executive department of

the Government; and the completion of the work of restoration, which had

progressed so favorably, was submitted to Congress, upon which devolved

all questions pertaining to the admission to their seats of the Senators

and Representatives chosen from the States whose people had engaged in

the rebellion.

All these steps had been taken when, on the 4th day of December, 1865,

the Thirty-ninth Congress assembled. Nearly eight months have elapsed

since that time; and no other plan of restoration having been proposed

by Congress for the measures instituted by the Executive, it is now

declared, in the joint resolution submitted for my approval, "that the

State of Tennessee is hereby restored to her former proper practical

relations to the Union, and is again entitled to be represented by

Senators and Representatives in Congress." Thus, after the lapse of

nearly eight months, Congress proposes to pave the way to the admission

to representation of one of the eleven States whose people arrayed

themselves in rebellion against the constitutional authority of the

Federal Government.

Earnestly desiring to remove every cause of further delay, whether real

or imaginary, on the part of Congress to the admission to seats of loyal

Senators and Representatives from the State of Tennessee, I have,

notwithstanding the anomalous character of this proceeding, affixed

my signature to the resolution. My approval, however, is not to be

construed as an acknowledgment of the right of Congress to pass laws

preliminary to the admission of duly qualified Representatives from any

of the States. Neither is it to be considered as committing me to all

the statements made in the preamble, some of which are, in my opinion,

without foundation in fact, especially the assertion that the State of

Tennessee has ratified the amendment to the Constitution of the United

States proposed by the Thirty-ninth Congress. No official notice of such

ratification has been received by the Executive or filed in the

Department of State; on the contrary, unofficial information from the

most reliable sources induces the belief that the amendment has not yet

been constitutionally sanctioned by the legislature of Tennessee. The

right of each House under the Constitution to judge of the elections,

returns, and qualifications of its own members is undoubted, and my

approval or disapproval of the resolution could not in the slightest

degree increase or diminish the authority in this respect conferred

upon the two branches of Congress.

In conclusion I can not too earnestly repeat my recommendation for the

admission of Tennessee, and all other States, to a fair and equal

participation in national legislation when they present themselves in

the persons of loyal Senators and Representatives who can comply with

all the requirements of the Constitution and the laws. By this means

harmony and reconciliation will be effected, the practical relations of

all the States to the Federal Government reestablished, and the work of

restoration, inaugurated upon the termination of the war, successfully

completed.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 234 / 803 题