American volunteer. (Carlisle [Pa.]) 1814-1909, March 07, 1867, Image 2

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Tbnndpr Morning. Mnroh.T, 1807.
DEMOCRATIC STATE CONVENTION.
TUO Democratic Htnto Committee, nl Its moot
mg, on January 29th. at Harrisburg, adopted tho
r0 Isa W ThnUho regular Convention of the pnny,
for nominating a candidate for tho ntrfvyND
® IS
that aqld Convention bo composed of the usual
nl it Is rec^nuuentled^to
feora®A°u B^K^^
X » riilrnian of the State Oontral Committee.
ordcr'oHho
Chairinan. ,
11, L, FonSTKU, Secretary,
democratic county convention.
At o mooting of the Standing Com
mlttce of Cumberland County, held at the Com-
SL Rooms, in Carlisle, on Saturday, Februa
ry-sBd.it was unanimously '
7 halved That in accordance with the publish
«ri rflll of the Democratic State Central Commit
im for a STATE NOMINATING CONVENTION
i n°d a STATE MASS CONVENTION, theiDemoc
-sfev of tho several election districts of Cumber
land County are requested to assemble at the
usual places of holding their delegate elections,
at the usual hour, on Saturday the Of/i day 0/ March,
1807 and elect two delegates to represent them in
a Democratic County Convention to bo held In
tho Court House, at Carlisle, on Monday the 11m
dau of March, 1807, at cloven o’clock, A. M., there
to select one delegate to represent the Democracy
ot Cumberland County, In the Democratic State
Nominating Convention to bo held on tbo second
Tuesday or Juno,‘lBB7; and ono-Senatonal and
two’representative delegates to represent them
In tho Mass Convention to bo hold at tho call of
the Chairman of tho State Central Committee {
and to transact such other business as may seem
to thorn oxpedloptaud KENNEDY,
'' Chairman,
W. Bl Butler, Secretary.
CIRCIME THE DOCUMEHTS!
500 BOOKS
TO BE GIVEN AWAY.
A PREMIUM FOR EVERY NEW
SUBSCRIBER ! !
Wo will present to every old subscriber "who
semis us the name of A NEW YEARLY SUB
SCRIBER to Tire Volunteer, accompanied by
the price of subscription, a copy of tho
Democratic Mmanac hr 186/,
AND WILL PRESENT THE SAME TO EACH NEW
SUBSCRIBER HIMSELF. This valuable little
volume, published In New York, contains EIGH
TY PAGES of closely printed. Interesting and
useful reading mattef—embracing astronomical
calculations and calendars; tabular statements of
the National Debt, extracts from the Constltu
tlonal history of the country, a list of the arbi
trary and illegal arrests made hf order'of Abra
ham Lincoln from 1801 to 1805, statistics of pau
- perlsm and crime In the United States, the Presi
dential proclamations oif the last year, all the veto
messages of President Johnson, the Negro Bu
reau and Civil Rights Bill, the Negro legislation
of Congress, a list of the officers of the United
States Government, members of Congress and
Foreign Ministers, official election returns from
all the States for the years 1850, 1860, 1861 and 1860,
together with able articles on prominent politi-
cal topics.
Tub Democratic Almanac is a coincide com-
pendium of the political history of the last year, and
vIH bo found invaluable as a book of reference, at
will readily be seen from the, brief synopsis icc have
yiven of its contents. It should have n place in the
library of every Democratic household. It will
be sent by moil, free of postage, on receipt of the
price of subscription to The Volunteer. Ad
dress BRATTON it KENNEDY,
March 7,1807.
THE VETO.
To the exclusion of a variety of inter
esting matter prepared for this issue,
we give President Johnson’s veto of the
infamous Military Bill in full. We
have merely room to express our ear
nest conviction that it will rank in his
tory as one of the ablest, if not indeed
the very ablest State paper ever sub
mitted to the consideration of the Amer
ican people. It is courteous and digni
fied in-tone, calm; comprehensive and
statesmanlike in its views of national af
fairs, and overwhelming in the force of
its logic. Of all that has been said and
written upon the important questions
involved in the Sherman Bill, this mes
sage is the most cogent, exhaustive and
unanswerable; and if there were noth
ing else in his public career worthy of
praise, would of itself stamp Andrew
Johnson as a devoted patriot, a most
powerful logician and a far-seeing and
sagacious statesman.
m i.ia.iis i
“It was better that the rebel States should re
main outside of the Union for a generation, limn
that they should come, back now when they could
form political alliances.”—Torn Williams.
We dip the above extract from a
speech recently delivered in the House,
at Washington,'by Tom Williams, of
the Allegheny district, in this State.—
Williams, like many other Radical ran
ters, is an insane man, and rather than
see liis accursed party endangered, he
would prefer dissolution, anarchy, des
potism, anything. We knew Williams
when he was a State Senator, more than
twenty years rigo. He was a disunion
ist then; he is a disunionist now; and if
justice could be done, a traitor’s doom
would be his. We don’t know whether
AVilliatns is a Massachusetts Yankee or
not,Jm± we judge he is, for he has all
-y(S*Clsaracteristics—looks, smell and de
meanor of a blue-belly. He is as veno
mous as a toad, and indeed, resembles
that interesting quadruped. Ho spoke
the sentiments of his festering heart, as
well as the sentimenteof his treasonable
party, when he said he would rather see
ten sovereign States “remain outside
of the Union for a generation.” He
talked in this same strain when he was
a very young man, and he signed trea
sonable petitions to Congress praying
for a dissolution of the Union. Party is
everything with Williams; he would
send the country to perdition to save
his party. He is as cold-blooded as a
lizard, and as remorseless as a Bengal
tiger. Like an elephant in a china shop,
.he goes in for breaking things, without
stopping to inquire about damages.—
Some of these days the people will get
their eyes opened to the villainies and
and treason of the negro-equality-disu
nion party, of which Tom Williams is
one of the lights, and then let him and
those who. act with him look out for
their necks, for they will hang them like
cats to the limbs of the.trees, as a warn
ing, in all future time, to those who
dare utter the wish that ten States should
“ remain outside the Union for a gener
ation.” Let Williams arid his'traitor
colleagues beware. The yeomanry of
the country—the hard-fisted hoys-aro
beginning to show anger, and God help
Jthe dlaunionists if a break takes place.
Hl&rFiyV: members of Henry Ward
'.Beodwjr'fl CtiJJrch havebeenarrested for
(distiilingcontmL'a'nd whisky. Xtisliicky
.Bfppy-jvgs not am OPS them, as he is
,jv'ith ’theai laspiJH'f
GEORGETOWN EEECTION-^-FIBNTC. WE
GKO TKICAIPIf.
Tlio election for Mayor and Common
Council of Georgetown, D.C., took place
on the 25th ult. For the' first time tho
negroes were allowed to vote. Tho reg
istry showed 1,350 white voters and 971
negro voters. Charles D. "Welsh, tho
negro candidate for Mayor, was elected
by a majority of 9G over Henry Addison,
tho Conservative or white man’s candi
date. A majority of piebald Gouncllmcn
were also elected.
Henceforth tho city of Georgetown is
to he under the control of tho negroes
and a few Now England Yankees, call
ing themselves white men, nearly ail of
whom aro Government employees, and
therefore mere squatters in tho city.—-
Tho property holders—the men who own
tho city—are th us deprived of a voice in
the management of its affairs.
Tho-negroes and their friends—the
white negro-oquality-disunionlsts—aro
.rejoicing over the result of the George
town election. Sumner referred to it in
a speech in the Senate a few days ago,
and congratulated his friends “ on the
progress of the great progressive party.”
Bu'ly Chandler, too, the miserable sot
who occupies tho scat once occupied by
the great and good Lewis Cass, spoke of
the election in rapturous stiains, and
predicted that this was “ but the begin
ning of what is to follow in all
of the country.”
Let sober-minded men—men of sense
and honor—reflect for a moment on the
outrage perpetrated upon the property
holders of Georgetown, by’the operation
of the negro-suffrage bill made applica
ble to that city. Previous to the war 1
tho whole number of male negroes over
21 years of age in Georgetown did not
reach quite'3oo. Now, this same class
of negroes number nearly 1,000, Some
700 of them, then, are strangers—negroes
from other States—who emigrated there
during the rebellion, to receive rations
and clothing from the Freedmen’s .Bu
reau. These 700 voted at the recent elec
tion, and so did the 300 native negroes,
and hy their votes the mulatto, Charles
D. Welsh, is elected Mayor, and the
men who own the property of the city
have no say in its government. Vaga
bond blacks, who are hot even natives
of the place, and nearly all of whom
have been loafing there at the expense
of the government, are the rulers in
Georgetown! This is “but the begin
ning of what is to follow,” says drunken
Chandler of Michigan. That is, the ne
grocS are sdoh to rule all over the land,
and the white men who made the coun
try, what it is are to stand aside and
look on 1
What are we coming to? Are the
white men.of this nation sleeping, or
have they yielded up all manly inde
pendence, all pride 'of character, to a
miserable party spirit thatrequires them
to recognize a negro as their equal; nay
mox-o, that requires them to recognize a
negro as their master and ruler and
the guardian of their property ? If the
white men of America permit this state
of things—this negro-fobia and fanati
cism to go on much longer—instead of
being a white man’s government, this
will be it negro government to all in
tents and purposes. Radicalism is de
termined to bring this about,-and tho
rejoicings of the negro-equality advo
cates over the result of the Georgetown
election, is because they think they see
the commencement of what is. to follow
in all the States.
Carlisle, Pa,
TIfVS “STATE OF NEBRASKA,”
Having accepted the negro-equality
plank dictated by the Ruinj? Congress,
her Senators elect and member of the
House have taken their seats. -At the
last election in this little Territory, but
9,000 votes were cast—about the saiue
as we cast in Cumberland county. New
York, with her more than seven hun
dred thousand votes, and Pennsylvania,
with her six hundred thousand, are
placed on an equality in the U. S. Sen
ate with Nebraska-each State having
two votes! What an outrage is this—
what a burlesque on our system of Gov
ernment? Nine thousand voters of
little Nebraska haye the same weight,
the same vote in the Senate that over
seven hundred thousand New York vo
ters have! The Bumpers in Congress
dictated the Constitution for Nebraska,
the nfftin feature being negro-suffrage.
Her people were informed, in express
terms, that if they agreed. to. confer on
the negro the privilege of voting, they
would be admitted as a State and placed
on an equality with New York and
Pennsylvania, but if they refused to do
this they would not be admitted. By
the efforts of those who. now occupy
seats as Senators and Representatives,
this disgraceful demand was complied
with arid Nebraska was made a “ State.”
What will not the Rump Congress do
to retain power ?
Rejecting the Widows op Sol
diers. —The “ soldiers friends” of the
Rump Senate appear to entertain very
little respect for' soldiers’ widows. —
Among the batch of rejections by that
dignified body on Friday last, was Mrs.
Elizabeth P. Humphreys, as Post Mis
tress at Coatcsville, this State. Mrs.
H’s husband was a soldier, who was
killed at the battle oHBuII Run. She is
a most estimable lady, with four small
children, and,is very poor. There were
no complaints against her official capa
city, for there could be none, but a few
negro-equality politicians of Ooatesville
demanded her rejection, basing their
demand on thie fact that “ she received
her-appointment from President John
son,” and the Rump made haste to obey
the demand. The Democratic Senators
>tried their best to save the soldier’s wid
ow, but their efforts were unavailing,,
and Mrs. Humphreys was rejected and
deprived of the little office the President
had given her. Was there ever a more
heartless. set of political 'demagogues
than those who compose the majority of
the Rump Senate ?
Niggers in the Jury Box.—Penn
sylvania is progressing along the road
of fanaticism. A few more strides and
she will stand alongside of Massachu
setts, its equal, in every respect, so fat
as Cuffeo is concerned. Butafew weeks,
since, the Legislature made it a crimi
nal offence for railroad companies, or
their employees, to attempt to keep ne
groes out of the cars sot apart.for ladies,
or, to request the “comingman” to take
a seat even at one end of the car. Now
the Jury Bill is before the House—a
bill to provide for the election of two
Jury Commissioners,..one. from each
party, who, with; the Sheriff- of each
county, are to select the'jurors.. A pro
viso to the blll.requiring these commis
sioners to take the Jurors from the tOhite
portion of our .population,' was voted
down by a strict party Vote; every abo
litionist voting against it, and in favor
of making negroes jurors.
OUB WASHINGTON LETTER.
Tho Clewing Scene* of ConaroM-»Tlto Dance.
of Deipotr»m--TH© Veto oftlie Military Sub
- location mil—lt f» Pnued over the Veto—
Tbe Tennro orOfQoc BUl—What Como or
die Imponolunont«-Fornor on the Kami*,
nirc—Tho New Officer*—A Speech from Mr.
Gioiibrcuiicr.
Correspondence American Volunteer.
■Washington, March 4,1807.
'~Tho closing scenes of tho over memorable
ty-nlnth Congress could bo more easily Imagined
than described. The usual excitement, tumult
nnd disorder of such occasions was heightened
by tho reception, of-two veto messages onSulur-,'
day-one by Iho House, Iho veto of tho Military
Subjugation Bill and tho other by tho Senate, the
veto of iho Tenure of OfTlco BUI.’ Dtirlnglho ses
sions of Saturday and Sunday, (for Congress has
theoretically and practically abolished tho/sanu
tltyof the Sabbath,) tho galleries wore crowded
tosutfocatlon, by a mixed crowd of blades and
whites, (I place tho blacks first, for they wero
rather In tho ascendency,.both as to number and
tho favored positions they had secured far them
selves.) yet the beauty mid talent of Iho Capital
wore there likewise—refined and beautiful ladies
—gentlemen of education nnd position—all as
sembled lowliness tho close ofa Congress which
In history will compote for tho palm .with the
French “National Assembly”—a Ougress whoso
infamy will bo heralded to tho latest syllable of
recorded time—tho ln«t Congress of *• tho United
States of America,”, Svlftch doomed four millions
of its fellow-countrymen to u despotism more ab
ject than that of rolunU.
At half past one o’clock, on Saturday nftornooui
the President’s prlvatoSecrotary appeared at tho
door of tho House, with tho veto of the Military
Subjugation Bill. .It was at once token up and
road by'Mr. McPherson. When tho reading had,
been completed! Stevens ©fibred a resolution sus
-pending all the rnlos of- tho House, in order to
reach a direct vote upon tho bill, tho President’s
objections to tho contrary, notwithstanding. By
the decision of the Speaker, tho question of sus
pending tho rules had priority over any,other mo
tion, and, after an appeal from that decision had
been voted down, the rbsolutlon was adopted by
a strict party vote. The, rules having been sus
pended, there was no chance for tho Democrats
to defeat tho bill by dilatory motions, although
Messrs. Lo Blond, Finch, Boyer, and others ex
pressed themselves ready to sit out to tho cud of
the session, if they could by any means prevent
•tho passage of tho Iniquitous measure. But they
wore powerless. The Speaker was against them,
nnd so was tho whole Radical side of tho House.
Shortly after three o’clock, tho Clerk commen
ced to call tho roll oii tho final passage of tho bill.
As tho call progressed It became evident.that tho
Radicals wero united, and the bill would receive
a full party vote. Whoa the result (yeas Wo, nays
•18) was announced .there wore some manifesta
tions of applpuso,,mingled with-hlsses, from the
galleries. A message was immediately sent lo
the Senate announcing the action of the House.—
The bill, however, was not taken up until the
evening session. The galleries were then densely
crowded, and oven the corridors and lobbies wero
filled with anxious-looking individuals, awaiting
an opportunity to hoar vdiat was going on inside.
Tho debate was rather limited. At twenty min
utes to eleven o’clock the question was taken
and resulted in tho passage of the measure, by
more than tho necessary'two-thirds voio. Tho
Prosidentpro tempore (Mr. Foster) announced the
enactment of tho bill, notwithstanding tho ob
jections of tho President. And thus this meas
ure, enacting tho permanent and final dissolu
tion of tho Union, became law of tho land.—
1 Oh judgment thou arlilcd to brutish beasts, and
men have lost their reason!”
During all this Umo tho carousal and debauch
in each wing of the Capitol continued. In near
ly all the loading committee rooms a substantial
repast was served up, and whisky and other
strong drink was abundant. Bills passed and
conference committees were appointed every few
minutes. Tho hubbub and confusion wero'lnde"
scrlbablo, and altogether, the scene was anything
but creditable to the legislation aud legislators
gf the country. Tho Tenure of Office Bill mot a
similar fate, and then, at eight o’clock on Sun
day morning, both Houses adjourned uritll Sun
day evening. The scene on Sunday night was
but a repetition of that of Saturday. A foreigner
been Very apt to Infer that this
was tho highest legislative tribunal of a Christian
people.
Late on Saturday night tho Judiciary Commit-
tee made a report on tho Impeachment resolu
tion, In which they say: “If tho Investigation had
even approached completeness, tho committee
would not feel authorized to present the result to
tho House at this lato period of tho session, un
less tho charges had been so entirely negatived,
as to admit of no discussion, which, In the opin
ion of tho committee, is not tho cuso; certainly
no afflrmatlvcYeport could be properly consider
ed In tho expiring hours of this Congress. The
committee not having fully Investigated all tho
charges preferred against tho President of tho
United lt is doomed inexpedient to submit
o«JJ-eoi«oinoii>»» boj-ond «J.r-n*cvtvillOllt SllUl
dent testimony has been brought to its notice to
justify and demand a further prosecution of tho
investigation. 1 ’
# In reply to this, Representative Rogers, tho mi
nority of tho committee, made a report, in which
he says: “ I have carefully examined all the evi
dence In the case, and do report that there Is not
one particle of evidence to sustain any of the
charges which tho House charged the committee
to Investigate, and that tho case is wholly with
out a partlplo of evidence upon impeach
ment could bo founded,'and that with all tho ef
fort that has been made,' and the moss of evi
dence that has been taken, tho cose Is entirely
bald of proof. Ho furthermore reports that the
most of the testimony that has been taken is of a
secondary character, and such atf would not be
admitted in a court of justice. In view of this
conclusion, ho can sco no good in a continuation
of the investigation. Ho is convinced that all
tho proof that could boproduccd has been before
tho committee, os no pains have boon spared to
give the cose a fuJI investigation. Why, then,
keep.tho country In a feverish state of excitement
upon the question any longer, as it is sure to end,
in his opinion, in a complete vindication of the
President, if Justice be done to him by tiio com
mittee, of which he has no doubt.” Thus ends
the grand impeachment movement, at least for
this session.
And thus, too, ends the Thirty-ninth Congress.-
It ends with a veto message from the President,
which will go ringing through the land like a
great alarm-bell arousing the people to the dan
gers which threaten llioir liberty. If It falls to
produce conviction, It cannot be for lack of argu
ment. Its clear and cogent reasoning, demon
strating the Irreconcilable repugnance of tho
Military .Bill to tho Constitution,' and- showing
the galling and Intolerable evils and oppression
It Indicts upon Its victims, leaves nothing to bo
supplied.- Tho President has done his ’duty, he
stands as ilrrn as the granite hills against the
waves of wild fanaticism which hav#becn dash
ing around him. And now let tlic coming Con
gress do Us worst. There is but little left of tho
grand old fabric of our Government to tear down,
lot them play tho part of blind l old Sampson,
tear down the lost topllng pillars and bury them
selves and all else in the mighty ruins.
Forney grows more blood-thirsty than bvpr, in
view of a possible nibble at future Government
printing. Ills Chronicle of yesterday had a dou
ble-leaded sensation article on tho impeachment
question and the veto messages. In reference to
tho latter, he says that the feeling the reading
created in both Houses caynot bo.dQscrlbed, and
that emanation was soon succeeded by tho reso
lute and almost universal demand for tho Presi
dent's instant impeachment aftd removal from
office.
Bon Wade, of Ohio, is to bo elected President of
the Senate, for Urn purpose of taking the Presi
dential Chair, should the Radicals determine to
on with the impeachment. Colfax will bo
re-elected Speaker of the House and MoPhcrson
Clerk. - • „
Mr, Glossbrouner of Pennsylvania made a most
palpable hit In,ills remarks on the resolution to
investigate the rumors of certain overtures of
compromise between the President and certain
week-kneed Republicans. Mr. Glossbrcnnerwns
one of tho committee, and before making a mo
tion to discharge them from tho consideration of
tho subject, read a few telling remarks, portray
ing. in very amusing terms, tho efforts of tho
Committee to And something Vterrible;” and
their ill success. Ho suggested if the
coihraittee had only, been able to get at “Sanford
Conover” they might have been able to prove al
most anything they, wished .against tho Presi
dent. Hlsreraarkswore well received by oil, and
ho was warmly congratulated upon his. tolling
hits at some of tho absurdities of Radical leglsla
tiom • j . 1 .Caucasian,
UISCELLANKOVS.
—At a late fashionable wedding In Now York
*• the trains of the bridesmaids’ dresses were so
long that one couple had to wait at the door un
til the other some distance ap the aisle.’*
•pTbo' railroad bridge (long[ bridge) across the
Potomac River at Washington, together with an
other across the east brunch, were entirely swept
away on Wedneday by the breaking of the ice
above the city, which carried every thing before
It- • - •
—A ilx’. Jones aged seventy years, recently
married a y oung girl In Schoharie county, N. Y,
went to Albany on his wedding tour, foil daiwu
stairs at His hotel, made his ‘Will, and left her to
go forth a rich widow who came in as u wedded
attendant to an infirm old man. • ’
. —The peounlary.stringouoy Is so great In I s lit
County, North Corpllnaj that tho pegplo recently
compelled lUeShoritrto burn up all Ills
all his executions returnable at refusing to
eject from,their homos andbeing unable to pay.
Destitution 1b evident all over tbe State.
afyc a
■TJfltjP VETOV^
. * v f ' —J %'j lof THE i'!
BIUTJnv iicosSTnrcTio» niui. J
■ ■■- -.-.!: ,V,M K-
To the ITo\iac of'Hriirescnlativcs: <j
I have examined the bill “ to provide for
themoreeffieientgovernmentof the rebel
States,” with the care and anxiety which
its transcendent Importance is calculated
to awaken. lam unable to give it my as
sent for reasons so grave that I hope a
statement of them may have some influ
ence on the mindset the patriotic and en
lightened aueu with whom the decision
must ultimately rest. ’’ ’ v '
The bill places nil the people of the ten
States therein named under the absolute
domination of military rulera,#nd thepre
amble undertakes to give the reasons up
on which the measure is based and the
ground upon which it is justified. Itde
clares Hint there exists in those States no
legal governments, and no adequate pro
tection for life or property, and asserts the
necessity of enforcing peace and good or
der within their limits. Is. this true as
matter of fact?
It is denied that the States in question
have each of them nn actual government,
with all the pdwers—executive, judicial
and legislative—wliich 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 af
fairs. An existing de facto government,
exercising such functions ns- these, is it
self a law of the State upon all matters
within its jurisdiction. To pronounce the
Supreme law-making power of an estab
lished State illegal is to say that law itself
is unlawful.
The provisions which these govern men ts
have made for the preservation of order,
the suppression of crime, and the redress
of private Injuries, are in substance and
principle the same as those which prevail
in tlie Northern States and in other civil
ized countries. They certainly have not
succeeded in preventing the commission
of ailerime, nor has this been accomplish
ed anywhere in the world. There, as
well us elsewhere, offenders sometimes
escape for want of vigorous prosecution,
and occasionally, perhaps, by. the ineffici
ency of courts or the prejudice of jurors.
It is undoubtedly true that these- evils
have been much increased and aggrava
ted, Notth and South, by the demoraliz
ing influences of civil war, and by the
rancorous passions which the contest has
engendered. But that these people are
maintaining local governments for them
selves which habitually defeat the object
of all government, and render their*own
lives and property insecure, is in itself ut
terly improbable, and the avermentof the
bill to that .effect is not supported by any
evidence which has come to my knowl
edge. All the information I have on the
Subject convinces mo that the masses of
tlie Southern people and those who con
trol their public acts, while they entertain
diverse opinions on questions of Federal
policy, are completely united in the effort
to reorganize their society on tlie basis of
peace, and to restore their mutual pros
perity as rapidly and as completely as
their circumstances will permit.
The bill, however, would seem to show
upon its face that tho establishment of
pence and good order is not its real object.
The fifth suction declares that the preced
ing sections shall Ceaso to operate in any
State where certain events shall have
happened. These events are:
First. The selection of delegates to a
State convention by an election, at whicli
negroes shall bo allowed to vote.
Second. The formation of u State Con
stitution by the convention so chosen.
Third. The insertion into tlie State Con
stitution of a provision wliich will secure
the right of voting at all elections to ne
gates, and to such white men ns may nut
be disfranchised for rebellion or felony.
Fourth. The submission of the Consti
tution for ratification to negroes and white
men not disfranchised, and its actual rati
fication by their votes.
Fifth. The submission of tho State Con
stitution to Congress for examination and
approval, and the'actual approval of it by
that body.
Sixth. The adoption of acertain amend
ment to the Federal Constitution by a
vote of the Legislature elected under tho
new Constitution. , , .
Seventh..'The adoption df said amend
ment by a sufficient number of other
States to make it a part of the Constitu
tion of the United States.
All these conditions must be -fulfilled
hnfni'o vroiicso owu»cuu'
be relieved from the bondage of military
domination; but when they .are fulfilled,
then immediately the pains and penalties
of the bill are to cease; no matter whether
there be peace and order or not, and with
out any reference to the security of life or
property. The excuse given for the bill iu
the preamble is admitted by the bill itself
not to be real. The military rule which It
establishes is plainly to be used, not for
any pur pose of order or forthe 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
I submit to Congress whether this mea
sure is not, iu its whole character, scope
and object, without precedent and with
outauthority.iu palpable conflict with'the,
plainest provisions of the Constitution,
and utterly destructive, .to those great
principles of liberty and humanity for
which bur ancestors on both sides of
the Atlantic have*'shed so much blood
and expended so much treasure.
The ten States named in the bill are di
vided into five districts. For each dis
trict an officer of the army not below the
rank of Brigadier General is to be appoint
ed to rule over the people, and he is to be
supported with, an efficient military force
to enable him to perform his duties and
enforce his authority.
■ Those duties and that authority, as de
fined by the third section of‘the bill, are
" to protec't all persons in their rights of
person and property, to suppress instirrco
tlop, disorder and violence, and to pun
ish, or cause to be punished, all disturbers
of the public peace or criminals.”
The power thus given to the command
ing offiper over all the people of each dis
trict is that of ah 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 dis
placed 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 ho may protect them in such way as,
in his discretion, may seem proper. It
places lat his free disposal all . the Jands
and goods in his district, and he may dis
tribute them without let or hindrance ,to
whom he pleases. Being bound bj' no
State law. and there being no other law to
regulate the subject, he may make a crim
inal code of his own, and he can make it
ns bloody as any recorded In history, or
he can reserve the privilege of acting: up
on the impulse of his private passions In
each case that arises. He is bound by«no
rules of evidence; there is indeed no pro
vision by which he is authorized or re
quired to take any evidence at all. -Eve
rything is a crime which ho 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 theba a trial
before he inflicts thepuuishment, he gives
it of his grace and mercy—not because he
is corrihmnded so to do.
To a casual reader of the hill It might
seem that some kind of trial was secured
by it to persons accused of crime, but such
is not the ease. The.officer “ may allow
local civil tribunals to try offendersbut,
of course, this does not require >that he
shall do so. If any State or Federal Court
presumes to exercise Its legal Jurisdiction
by the trial of a malefactor without his
special permission, he can break itup and
punish the judges and jurors as being
themselves malefactors. , -He can save his
friends from justice, anti "despoil his ene
mies contrary to justice. 1
It is also provided that 11 he shall have
power to organize military commissions
or tribunals,”
Bpt this power he is not commanded to
exercise. It is merely permissive, and is
to be used only'when in his‘judgment it
may be necessary for the trial of ofifcnd
ors. • Even if'the sentence ofdmcomnrisr
slon were made a prerequisite to the pun-
Ishmeiit of apart#, if would be,scarcely
the slightest; check upon the officer iwho
has authority to Organize it os ho pleases,
prescribe'itstmbdo’of proceeding, app 4ut
its members from among his,'owh subor
dinates, and revise all its decisions. In
stead of mitigating the harshness of his
Single will, site ha tribunal would-be used
much more probably to dlvidei the.re
sponsibility of making it more cruel and
unjust. .
Soverhl provlslons, dictated by the hur
inanity of Congress, have been inserted in
the bill apparently to.restrain the power
of the commanding officer, but it
seems to my that they are of no avail for
that purpose. Tlie fourth section pro
vides, first, that trials shall not be unnec
essarily delayed, bull think I have shown
that the power, is given to punish without
trial, and, if so, this provision is practi
cally inoperative.
Second. Cruel or unusual punishment
is not to be inflicted; but who is to decide
what is cruel and what is unusual? The
words have acquired a legal meaning by
long use in the courts. Can.it bo expec
ted that military officers will understand
or follow a rule expressed in language so
purely technical, and not pertaining, in
the last degree, to their profession? If
not, then each officer may -define cruelty
according to his own temper, and if it is
not' usual, ho wi)l make it usual.. Cor
poral 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. .
Third. The sentence of a commission is
not to bo executed without being approved
by the commander, if it affects life or lib
erty, and a sentence of death must bo ap
proved by the President. , This applies to
cases in whicli there lias been a trial and
a sentence. • ’
I take it to be clear under this bill that *
the military commander may condemn
to deatli without oven 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 tlie military officers amounts do abso
lute despotism. But to make it still more
unendurable, the bill provides that it may
be delegated to as many subordinates as
lie chooses to appoint, for it declares that
hcshall “punish or cause to be punished.”
Such a power has not been wielded by
any monarch in England fo£raore than
live hundred years. In all that time, no
. people -who speak the English language
have borne such servitude. It reduces
the whole population of the ten States—
all persons of every color, sex and,condi
tion, and every stranger within ■ their
limits, to the most abject and degrading
slavery. No master ever had a control so
absolute over his slaves as this bill gives
to the military officers over both white
and colored persons.
It may bo answered to this last that the
officers of tlie army ar too magnanimous,
just and humane to oppress and trample
upon a subjugated people. Ido not doubt
that army officers areas well entitled to
tills kind of confidence as any other class
qf men. But the history of the world has
been written in vain if it does not teach .
us that unrestrained authority can never
bo safely trusted in human hands. It is
almost sure to be more or less abused un
der any circumstances, and it has always
resulted in gross tyranny where the ru
lers who exercise it are strangers to their
subjects, and come among them ns the
representatives .of a distant power, and
more especially when the power that
sends them is unfriendly. Governments
closely resembling that here proposed
have been fairly tried in Hungary and
Poland, and the suffering endured by
those peoples roused the sympathies of
tlie entire world. It was tried in Ireland,
and- though tempered' at first by princi
ples of English law, it gave birth to cruel
ties so atrocious that they are- never re
counted without just indignation. The
French Convention - armed jts deputies
with'this power, and sent them to the
southern departments of the Republic!—
The massacres, murders and’other at
rocities which they committed show what
the passions of tlioiiblest raen.in the most
civilized society will tempt them to do
when wholly unrestrained by law;
The men of our'riiCe in every age have
struggled to tie up the hands of their gov
ernment and keep them within the law,
because their own experience of all man
kind taught them’that rulers could not
bo relied on to concede those rights which
they were not legally bound to-rcspect; —,
The head of a great empire hatj sdmetimes
governed it’with a mild and - paternal
sway, but the kindness of an irresponsible
deputy neVer yields what the law does
not extort from him. Between such a;
master and the people subier-tod to bio
mity ; he punishes them if they resist bis
authority, and If they submit te it ho
hates them for their,servility.
I come how to a question which is, if
possible, still more important. Have wo
the p’ower to establish and carry into ex
ecution a measure like this ? I answer,
certainly not, Jf wo derive our authority
from the Constitution, and if wo are bound
by tho 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 de
rives through and exercises under tho
organic law of the Union. Outside Of the
Constitution, we.havo no legal authority
more than private citizens, and without
it wo have only so much as that 'instru
ment gives us. This broad principle limits
all our functions and applies to all sub
jects. It protects not only the citizens of
States that are within the Union, but it
shields every human being who comes or
is brought under our jurisdiction.
We nave.no right to do in one place
more than in another that which the Con
stitution 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 tho
fundamental law forbids.
Some persons assume that the success
of our arms in crushing the opposition
which was made In some of the States to
the execution of the Federal law reduced
those States, and all their people, .tho in
nocent, as well as the guilty, to the con
dition of vassalage, and gave us a power
over them which the Constitution does
not bestow, or define, or limit.
No fallacy can bo more transparent than
this. . Our victories subjected the insur
gents to legal obedience, not to the volte
of an arbitrary despotism. When an ab
solute sovereign reduces his rebellious
subjects, he may deal with them accord
ing to his pleasure, because.ho had that,
power before. But when a limited mon
arch puts down an .insurrection, he must
still govern according to law. If an in
surrection should take place in oho of our
States against the sovereignty of the State
government, and end In the overthrow of
those who planned it, would that take
away the rights of all the people of the
counties whefe it was favored by a part
or a majority of the population ? Could
they for such a,reason he wholly outlaw
ed, and deprived of their representation
in .the Legislature? I have always con
tended that the Government of the Unit
ed States wits sovereign within its consti
tutional sphere, that it executed Us laws,'
like the States themselves, by applying
its coercive power directly to Individuals,
and that it could putdo.wn insurrection
with the same efloct as a StiUu, and no
other. The opposite doctrine js the.worst
heresy of those who advocated secession,
and cannot bo ; agreed to without admit-'
ting that heresy to be fight.', Invasion,
insurrection, rebellion and domestic vio
lence were anticipated when the Govern
ment was framed, and the-means Of-re
pelling and suppressing them were wisely
provided for m the Constitution ; but it
was not thought necessa'ry to declare that
the States in which they might occur
should be expelled from the Union.
Rebellions, which were invariably sup
pressed , occurred prior to that out of which
these questions grow. But the States con
tinued to exist and the Union remained
unbroken. In Massachusetts, in Penn
sylvania, in Rhode lsland, and in Now
York, at different periods in our history,
violent and armed opposition to the Unit
ed States was carried on. But the rela-
tions of those States with the Federal
Government were not supposed to be in
terrupted or changed thereby after the
rebellious portions of their population
were defeated and put down. It is true
that in- these curlier cases there wok no
formal expression of a determination to
withdraw from the Union,' But it is also
true that.ih the Southern Statos tho ordi
nances of'secession were", treated, by all
the friends of Union ha mere,nullitles,
and gi-e now acknowledged to he s'o.by the
States themselves. If you admit that they
had any force or vaUffityVof; that they did,
lit fact, tdko the States'"jh-which they
were passqd 6if If of, tbei Union, wi)"Mveep
Irflm ohf feet, all.the"grounds upon
•which we stand'fn. jlistjfying. the mse of
Federal force jo mamtajn.thh 1 ate'grlty of.
the Government; _V'fhis Jaa hlU.paßsea by
Congress la time of peace;" Tliere (*not.
In any one of the States brought under its
operation?cither war,or insurrection.—
The laws of the States and of the Federal
GoVern'mont nro aU : 'in,undisturbcd and
harmonious operation, The courts, State
and Federal, are open trtid In the full ex
ercise of their proper authority. Over
every State-comprised in those live mili
tary districts life, liberty and property are
secured by State laws mid Federal laws,
and the National Constitution is every
where in force and'every where obeyed.
What, then, is the ground upon which
the. bill proceeds? The title of the bill
announces that it is intended for the more
eliloient government of, those ten States.
It is recited, by way of preamble, that no
legal State Governments nor adequate
protection for life or property exist in
those States, and that peace and good or-,
dor should bo thus enforced.
The first thing which arrests attention,
upon these recitals, which prepare the
way for martial law 1s this: , That tbo
only foundation upon which martial law
can exist, under our form of government,
is not stated or so much as protended;
actual war, foreign invasion, domestic iu
surrectl«n--nono of these appear, and none
of these, in fact, exist. It is not oven re
cited that any sort of war or insurrection
1s threatened. Lot us pause hero to Con
sider, upon this question of constitutional
law aucf-the power of Congress, a recent
decision of the Supreme Court of the
United States in ex parte Milligan. I will
first quote from the opinion of the major
ity of the Court: “Martial law cannot
arise from a threatened invasion. The
necessity must be actual and present, the
•invasion real, subh as effectually closes
tho courts and deposes the civil adm’uis
tratiou.” We see that martial law comes
In only when actual invasion-closes the
courts and deposes tho civil authority.—
But' this bill, in time of peace, makes
martial law operate as though we were in'
'actual war, and become the cause instead,
of tho consequence of the abrogation of
civil authority. One more quotation :
“ It fallows from what has. been said on
this subject that there are occasions when
martial law can be properly applied. If
in foreign invasion or civil war the courts
arc actually closed, and it is impossible to
administer criminal justice according to
law, then, on the theatre of active mili
tary operations, whore war really prevails,
there is a necessity to furnish a substitute
for the civil authority thus overthrown,
to preserve the safety of the army and so
ciety ; and as no power is left but tho mil
itary, it is allowed to govern by martini,
rule until tho laws can have their tree
course.” I now quote from the opinion
of tho majority of tho court, delivered by
Chief Justice Chase: “ We by no means
assert that Congress can establish and ap
ply the, laws of war where no war. has
been declared or exists. Where peace
exists the laws of peace must prevail.”—
This is sufficiently explicit. Peace ex
ists in all the territory to which this bill
■applies. It assorts a power in Congress
in time of peace to set aside tho laws at
peace and to substitute the laws of war.
The minority concurring with the major
ity declares Congress does not possess
that power. . '
Again, and if possible more emphati
cally, the Chief Justice with remarkable
clearness and condensation sums up the
whole matter ns follows; “ There are un
der tho Constitution three kinds of mili
tary jurisdiction; one to be exercised both
in peace and war, another to be exercised
in time of foreign war without the boun
daries of the United States,.or in time of
rebellion and civil war within States or,
districts occupied by rebels,- treated as
belligerents, and a third to be exercised
in 'time of invasion or insurrection within
the limits of tho United States, or during
rebellion within the limits of the’States
maintaining' adhesion to the National
Government, when tho public danger re
quires its exercise. The llrst of these may
be called jurisdiction under military law,
and is found in acts of Congress prescrib
ing rulesand articles of war, or otherwise
providing for-the government of tho na
tional forces. The second may bo distin-
guished as military governments, super
ceding, as far as may be deemed, expedient,
the local law, and exercised' by the mili
tary commander, under the direction of
the President, with the express or Implied
sanction of Congress. Wfth the third
may be denominated martial law proper,
and is culled into action by Congress, or,
temporarily, when the action of Congress
cannot bo invited, and in the case of jus
tify ing or excusing peri 1, by the President;
in .times uf insurrection or invasion; or of
civil or foreign war within distncuror lu- ;
cnlitics where ordinary law no longer ad
equately secures public safety and private;
rights.”
It will be observed that of the three
kinds of military jurisdiction which can
bo exercised or created under our Constl- :
tutlon, there is but one that cau prevail in.
time of peace, and that is the code of laws
enacted by Congress for the government
of the national forces. That body of mili
tary law has no application to the citizen,
nor even to the citizen soldier enrolled in;
the millta in time of peace. But this bill
is not a part of that sort of military law.'
for that applies only to the soldier, and
not to the citizen, whilst contrariwise the
military law provided by this bill applies
only to the citizen and not to the soldier."
I need not say to the representatives of
tho American people that thbir Constitu
tion fol-blds the exercise of judicial power
in any way but one—that is, by the or
dained and established courts. It-is equal
ly 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 toevery freeman,
or speak of the danger to public liberty in
all parts of the country which must en
sue from a denial of it anywhere or upon
any pretence.
A very recent decision of the Supremo
Court baa traced the history, vindicated
the'dignity, and made known the value
of this great privllegeso clearly that noth
ing more is needed. To what extent a
violation of it might bo excused, in time
of war or public danger, may admit of dis
cussion. But wo are providing liim' lbra
time of profound peace, whore there is
not an armed soldier within our borders,
except those who are in the service of the
Government. It is in such a condition of
things that an notof Congress is proposed
which,, if carried out, would deny a trial
by the lawful courts and juries to nine
million.-tof American citizens and to their
posterity for an indefinite period. It
seems to be scarcely possible that any one
Should'seriously believe this consistent
with a Constitution which declares ih
simple, plain and unambiguous language
that all persons shall have that right, and
that no person shall .ever, in any case, be
deprived of it. The Constitution also for
bids the arrest of the citizen without j udi
cial warrant founded on probable .Cause.
This bill authorizes an arrest without
warrant, at the pleasure of a military com
mander. The Constitution declares that
“ no person shall be held to answer for ,a
capital or otherwise infamous crime, un
less on presentment by a grand jury.” '
This billholdsevery person uotasoldier
answerable.for all crimes and all charges
without any presentment.' The Consti
tution declares that “ no man shall be de
prived of life, liberty, or property, with
out due process of Jaw.” This bill seta
aside all process of law and makes the
citizen answerable, in his person and pro
perty, to the will of one man, and as to
his life, to the will of two. Finally, the
Constitution declines that “ the privilege
of the writ of habeas corpus shall hot bo
suspended unless when, in. case of rebel
lion or Invasion, the public safety may
require itwhereas tuts bill declares
martial Jaw, which of itself suspends this
great writ in time of peace, and author
izes the military to make the'arrest, and
give .to' the prisoner only one privilege,
and that is a trial without unnecessary
-delay. He has no hope of release from
custody; except the hope, such as it is, of
release by acquittal before amilitary cona
mission. The United Utates are bound to
guarantee to each State a republican form
of government.
Can it be pretended that this obligation
is not palubly broken if we carry out a
measure like tuis, Which wipes away every
vestige of republican government in ten.
States,' nud.puts the iltO; property, liberty
and honor of all the people in. each of them
under tile domination of a single person
clothed with.unlimited authority? Tlie-
Parllament of England,exerolslpgtheom
nipotouet-power which It claimed, was
accustomed to pass bills of attainder; that
is to say, Itwould .convict men of treason
and other crimes by legislative enactment.
The person accused had a hearing, Some-,
times a patleat and fair-one,' tuft generally
.party.prejudice.prevailed Insfchd of Jus-'
Uce, ; Itplton became necessary IbrPai'iia
meiit to acknowledge its error audreVOrae
)ts pw.h notion., . TUo fathers of our coun
try determined that no such thing should
occur here, They withheld* the'power
from Congress; and thus forbade its exer
cise, by Hint body. apd,.they provided in
theCoiiStltutlpii that Ho State should pass
any bill of attainder.
Xtls, therefore, impossible for any per
son in this country to be conatltulionally
punished for'any crlmb- by a loglslatlvo
}; rocmllng of any sort; •nevertheless, here
is a bill of attainder against nine millions
nf po pie at once. It is based upon an
accusation so'vague as to bo scarcely iu
tclllgablo, and found to bo true upon no
crcd'iblo evidence; not one of the nine
millions was heard in iiis.owu dofonoei—
tile representatives of the doomed par
ties were excluded from all participation
in the trial. The conviction,is to bo fol
lowed by the most ignominious punish
ment ever indicted on largo masses of
men. It disfranchised them by hundreds
of thousands, and degrades them all, oven
those who are admitted to be guiltless,
from the rank of freemen to the condition
of slaves.' . - :
The purpose and object of the bill, the
general IntentWhibh provades it from be
ginning to end, is to change" the entire
Arueturo and character of the State gov
truinenls, ami to compel them by force
to the adoption of organic laws and
regulations which they aro unwilling to
accept if left to themselves. The negroes
have not asked for the privilege 6f voting;
tire vast majority of them have no idea
what it moans,. Thls.hlll notouly thrusts
it into their hands, but compels them, ns
well as the, whites, to use it in a: particu
lar way.
If they do not form a constitution with
prescribed articles in it; and afterwards
elect a Legislature which will not 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 to consid
er the policy of Africanizing the Southern'
part of our territory, I would simply ask
the attention of Congress to Hint manifest,
well-known, auduiiiversully acknowledg
ed rule of constitutional law which de
clares that the Federal Government has
no jurisdiction, authority, or power to
regulate such subjects ibr any State. To
force the right of suffrage out of the hands
of the white people, aud into the hands of
tlie negroes, is an nrbrltray violation of
this principle. This bill'imposes martial
law at once, nniKts operations will begin
as soon ns the general and his troops can
be put in place. The dread alternative
between its harsh rule aud compliance
with the terras of this measure is not sus
pended, nor the people afforded any time
for free deliberation. The bill 'says to
them: Take martial law first, then deliber
ate. And when they have done all that
this measure requires them to do, other
conditions and contingencies over which
they have no control yet remain to be
fulfilled; before they can be relieved froin
martial law another Congress must first
approve the constitutions made in con
formity with the will of this Congress,
and must declare these States entitled to
representation in both Houses. The
whole question thus remains open aud
unsettled, and must again occupy the at
tention of Congress; and iu the mean
time the agitation which now prevails
will continue to disturb all portions of the
people. The bill also denies the legality
of the govern'ments of ten of the States
which participated in the ratification of
other amendmeua to the Federal Consti
tution abolishing slavery forevmr within
the jurisdiction of the United States, and
practically excludes them from the Uuiou.
If this assumption of the bill be correct,
their concurrence cannot be considered ns
as having been legally.given; and the im
portant fact is made to appear that the
consent of three-fourths of the Stales, the
requisite number, has not been constitu
tionally obtained to the ratification of
that amendment, thus leaving the ques
tion of slavery where it stood before the
amendment was officially declared to
have become apartof the Constitution.—
That the measure proposed by this bill
does vlolate the Constitution in the par
ticulars mentioned, and In many other
ways, which 1 f übtar to enumerate, is too
clear to admit of the least doubt. It only
remains to consider, whether the injunc
tions qf that instrument-ought to be obey
ed or not. I think they ought to be obey
ed, for reasons which I will proceed to,
give as briefly as possible.. In the first
place, itis the only system of tree govern
ment which' wo Cai> hope to have as a
nation. When it oeases'to be the rule ofour
conduct, we may, perhaps; take our choice
between complete anarchy, a consolidated
ttu.ipotism - and a total dissolution of the
Union. Blit national liberty, regulated
by law, will have passed beyond our
reach. It is the best frame of govern
ment the world over saw; no other is, or
can he, so well adapted to the genius,
habits, or wants of the American people,
combining the strength of; a great empire'
with unspeakable ’ blessings of local Self-;
government, having a central power to
defend the general interests, and recog
nizing the authority of the States as the
guardians of industrial 'rights. It is
" the sheet-anchor of our safety abroad;
and our peace at home,” It was ordain
ed “ to form a more perfect Union, estab-:
lish'ju9tic«f,dnsure domestic tranquility,
promote the general welfare, provide lor
the .common defence, aud secure the bles
sings of liberty to ourselves and to our
posterity.” ‘i'heso great ends have been
attained heretofore, aud will be again by
faithful obedience to it, but they are ,'der
taiu to be lost if we treat with disregard
its snored obligations. It was to punish
the gross crime of .defylng ,thd Constltut
tion, and to. vindicate Its supreme authori
ty, that ive carried on'a bloody war of
lour years’ duration.’Shall ym now.ao
knowledge that we sacriUced. a million of
lives, ana expended billions of treasure,
to enforce a Constitution, which, is not
worthy of respect and preservation?—
Those who advocated’ the right of Seces
sion alleged,.in their own Justification;
that we had.no regard for law, and that
their rights of property, life and liberty
would be safe under the Constitution os
administered hy us; If wo now verify
this assertion, we prove that they were
truth and in fact fighting for their liberty.
And, instead of branding their’leaders
with, tlie dlsOnoring • name, of traitors
against a righteous and legal Government;
we. elevate’them in illstojy to; the rauk'oi
self sacidlloiiig, patriots; consecrate, them
to the admiration of the world, and place
them by the side of Washington! Hamp
den and Sydney. No, Let us leave them
to the infamy they-deserv. Punish them
us they should be punished, according to
law, and take upon ourselves no share of
the odium which they should bear alone.
It is a part of our,'public history, which
can never be forgotten; that both Houses
of Congress,,Tn; July! 18U1, declared, in
the form of a solemn resolution, that the
war was aiid : should be carried on for no
purpose of subjugation, but solely to en
lorce.the.Constitution and.laws, and that
when this was yielded by the parties in
rebellion the contest should cease, with
the constitutional rights of the States, and
of individuals, unimpaired.
The evils which spring from the unset
tled: state, of our.Qovorument will be ac
knowledged .by 0i1..; Commercial inter
course la impeded,'-capital is In constant
peril, public securities fluctuate in value,
peace itseif is not secure, and the sense of
moral and political duty is Impaired. To
avert these calamities from our country
it’ls Imperatively required that we should,
immediately decide upon some course of
administration which can.be steadfastly
adhered to.
This resolution .was adopted aud sent
forth,to the.world, unanimously by the
Senate, and., with duly, two dissenting,
voices by the House; It was accapted by
the friends of the, Union lu .the:Houth;us
well os in the North, its expressing iiou-r.
estly and truly the object of the war. On,
the faith of it many, thousands ofpersous
in both sections gave their Uvea and their
fortunes to'the cause., .To repudiate it
no w; by'refusing to the States, add to the
' indi vid uais w i thin them! the righ ts w bich
the Constitution. and laws of the 'Union
would''secure to them Is. a. breach of Our
plighted honor, for which ! can imagine
no excuse, and towhloh I cannot voluu
tarily become a party. . .!■ -; ”,' .
: I am.thdrougnly convliloed that.any
settlement, or cuhipriimiso, or plan 'of no- :
tion which Is Inconsistent with-the prlu-’
olplesofthe Coußtltutlon wlil not duly be
unavailing but mischievous, thatlt will
but multiply the. presentvevils instead of’
removing them. The Constitution.indts
whole, integrity and vigor throughout the
length and. breadth of the lafld ls the best
of all ■’ compromises. . Besides, out .‘duty
does h'ot In my j’adgment'leaydhs'a choice •
between’’ ,that «nd ; any btber.;;:i;,belld ve:
'that it contains the iromedydhat is; So
ibuch jiebded;,aud. thatTf the co-ordinate
dfanelieaoftbellov'emmddtWoUicJ.udlte
bo
louud.broad.<euuugu (and lattyng^npdgh
tdbus tidfif-ih' time 'of;pe»^jjttresoatldn
which they bore safeljfthfpußh the ohleal
Ul °
avprr^.'SKSs
and that; 11 no Btato, wlthoSt its"* 1 Ve ’"
shall bo deprived otdtaoquaVimnvl lB6 ' l1 '
tho Senate'” EadUHouse’u hi
“ judgoaf tho elections,-returns mf,? 6 the
ilications of Its own members?” SSIi ? Ual ‘
“ with the coneurrenVeof t vo-t u,?
pel a member.” -Thue,-as Imi-eir B ’ «*•
od, lu tho admission of Senators???! 0 !) rg ’
reaentati ves- ft-om any and all the 2/.
there pim be no Justgrouutls of aonroh 8 '
slon that persons who are disloyal ?I 1 '
clothed with the powers of legislation l be
this could not happen when tlle (<*° r
tutlon and tho laws are On forced '
Hunt autjr faithful. Congress.' Wh Vg ‘
Senator* or-Representative prescnf. 1 , a
cerfftteato of election, he may at S , ls
admitted or rejected ; or should t “„ a
any question as to his eligibility hi. b °
dentials may be referred for inveatii-nH
to tho appropriate committee. If a£?
ted to a seat, it must be upon ovhhS '
satisfactory to thoHotlse of which hern
becomes a member, that he possesses tk B
requisite constitutional and legal oimnn
cations. If refused admission as a rnim
her for want ofdue allegiance to the (S’
ernment, and returned to his constltheiu.’
they are admonished that none hut w
sons loyal to the United States will I. '
allowed a voice In the legislative council,
of the nation, nnd.tho political power anil
moral Influence of,Congress are thus cf
feotively exerted in the interests of leva '
ty to the Government and fldelity to tw
Union; arid Is it not far bettor that the
work of restoration should be accomplish
ed by simple compliance with the plain
requirements of the Constitution than bv
a recourse, to measures which in effect
destroy tho Btates and threaten the sub
version of the General Government? An
that is necessary to settle this simple but
Important question, without further aid
'tutlon or delay, is a willingness on the
part of all to sustain the Constitution nud
carry its provisions into practical opo
ration. If, to-morrow, either branch of
.Congress would declare that upon the pro.
sentatlon of their credentials, members
constitutionally elected and loyal to the
General Government would bo admitted
to seats In Congress, while all others
■would be excluded nud their places re
main vacant until tho selection by the
people of loyal, qualified persons, aud It
at tho same time assurance were given
that this policy would be continued until
nil the Stales \vcre represented in Con
gress, It would send a thrill of joy through
out the entire land, as Indicating the in
auguration of a system which must speed
ily bring tranquility to the public nijml,
‘While wo are legislating upon subjects
which are of great Importance to tho
whole people, aud which must affect all
parts of the country, not only during the
life of tho 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,
A. present ton States arc denied repre
sentation, and when the Fortieth Con
gress assembles on the fourth day of the
present month,, sixteen States will bq
Without a voice in tho House of Repre
sentatives. This grave fact, with the Im
port!) nt questions before us, should Induce
us to pause in a career of legislation
which, looking solely to thoattninmontof
polltloalends, fails to consider the rights
it transgresses, the law which it violates,
or the Constitution which It Imperils.
1 Andrew Johnson.
■Washington, March 2, 18C7.
OONCIUAS.
TTIB XLTII
-iilcli assembled on the
; to a law passed by the
> confposcd asigllowß:
lATE. *•?*',
■ The xr.tli Congress, wl
4tti of March, according
present Congress, will ho
jlffmuuoto,
Aloxandora Umacy, II
Daniel S. Norton, I)
A’cvnda,
William M. Stewart, It
James W. Nyo, It
Uew Hampshire,
Aaron H. Cragln, It
Jas. W. Patterson, It
NexaJcrsey,
A. G. Cattell, R
F. T. Frellnghuyßeu, It
New lor/i,
Edwin D. Morgan. It •.
iloscoo Conkling, It
Ohio.
Benjamin F. Wade, H
John Sherman, 11 ■
• Oregon.
George H. williams.lt
Henry W. Corbitt,!;
Pennsylvania. ,
(jnas;it. Buokalew,D
Simon Cameron, It
Rhode Island,
William Sprague, It
Henry B. Anthony, It
Tennessee.
D. T. Patterson, D
J. S. Fowlor, R
Vermont.
Gcorgo F. Edmunds, It
Justlan S. Morrll, It
’ West Virginia,
Peter G, Van Wipklo.R
Waltman T. Willey, It
Wisconsin, -
James R. Doolittle, D
Timothy O. Howe, it
i; Democrats, 12.
, .California, #
John Connoss, R ■
Cornelius CoU*,R ;
* Connecticut, -
James Dixon, D
Orris S. Ferry, U
■ Delaware\ • ■
George Read Kiddle, D
Willard Baulsbury, D
■ Illinois,
Richard Yates, R
Lyman Trumbull, R
•' • Indiana.
Thos. A. Hendricks, D
Oliver P. Morton, R •
. lowa ,
James W. Grimes, R
James Harlan", R
Kansas ,
Edmund G.-Ross, R
Samuel O. Pomeroy, R
Kentucky,
James autnrie, t>
Garret Davis, D
Maine,
Lot M. Morrill, R
Win. P, Fessenden, R.
Massachusetts.
Charles Bumner, R
Henry Wilson, R
Maryland,
Rovordy Johnson, D
Thomas Swann, D .
■ Missouri, ,
John B. Henderson, R
Charles D. Drake, R ‘
. Michigan,
Zaoharlah Chandler, R
Jacob M. Howard, R
Republicans, 4(
From the above It tyiU bo seen that in Ibo Sen
ate the Republicans will have a majority of over
threo-fourths—an- addition ■ of three to their
strength in the xxxixth Congress.-.
, , - . HOUSE OF REPHESENTATIVE3.
x The. House of will bo composed
oafollows:. . .
■ i California ~ , New York.
[Three members -to be L. Stephen .Taber, P
elected in September.] .2. Demas Barnes, D
' > - * Connecticut. •. < . ■. .0, W. E, Robinson, D
[Four members to- be 4. John Fox, D ,
elected In April.]. ■ - 0. John Morrissey, D
• Delaware, .! : . - lUT.E. Sto>Vart, l>
J. A. Nicholson,oo ,7. J. W. Chaaler, D
- . Illinois, . • . James Brooks, D
1. N; B. Judd, R * ' 0. Fernandd Wood,D
2. J.F,Farnsworth,.R 10; W.H. Robortsou, B
3. K L.-Woshburno, 11.’ C.H. Van WycWR
. 4. Aaron 0, Harding. 4 R 12. J. H; Kolohum, U
5. Ebon O. rngersoin R 13. Thos. Cornolftß.:
0. .Burton C. Coble* R 14, J. V. L. Prayn;P
7. H. P. H. BromWoll.R 15. J. A. Griswold, ft
: 8. H.M. Cuiiom, R 10. Orange Ferris, ft -
0. Lewis W. Ross, D . 17, C. T. Hulburd, ft
10. A. G. Burr, D . 18. J, M. Marvin, ft
11. &. S. Marshall, D, 10., Win. C. Fields, ft
12. Jehu Baker, R ' V 20, A; H, Laflln, ft
13. Q. B. Ruum,R 21. Roscoe Uonkline.ft
At large, J. A. Logan , R 22. J. C. Churchill, ft
Indiana. 23. Dennis McCarthy, ft
1. Win. E. Mblack, D 24. T. M. Pomeroy, ft
’2. Michael O. Kerr, D 25, Wm. M. Kelsey,ft
3. M. C. Hunter, II . 26,< Wm. S. Liucoln.-ft
4. Wm, 9. Holman. D • 27. HuiulUon„Ward;B
5. Goo. W. Julian, R . 28,. Lewis Solye, lha.R
0, John Coburnvß ' * 20. Burl Van Horn, It
7. IT,-D.-Wash burn, R 80. J. ft
8. Godlovo S. Orth, R 81. H. Van Aernnin, ft
0. Schuyler. Colfax, R - ' ' • Ohio.
10. Wm. Williams, it, 1. BodJ. Eggleston, ft
11. J. P. C. Shanks, R .2.. R.B. Hayes, ft , „
Inwa. . ,3.. Robt. o.tichouclaft
.1 Jas. F. Wilson, R 4. Wm. Lawrence, ft
2MlramPrice,R.. • ' 5. -Wm, Munson, 1) .
3 Wrcuß. Allison, R 0. R. W. Clarice, ft
4W. M. Loughrldge, R .7. 8. Shellabarger, ft
5. G. M. Dodge, R 8. 0,9. Hamilton, ft
0, A. W. Hubbald, R 0. R. P. Bucklnnd, B
Kansas, - 10. James M. Ashley, ft
Sidney Clarke. R .11. John T. Wilson, ft
Kcniucki/: 12. P. Van Trump, D
[Nino ’members to- be 13.-Q. W. Morgan, ft. (u)
elected In May,! , ‘ ‘l4. ’Martin.Welker,ft
Maine, - ■ ■ * 16.‘ Plants, ft ■
1. John-Lynch, R ‘ 10. John A. BlnghSin.H
3. Sidney Porham, 8.. 17. Bph. R. Eckloy, ft -
4. John A; Peters,‘K 1 18.- R* P. Spaulding, ft
5. Fred’k A. Pike, B IU.-J, A. Gurfleld, ft,
Maryland,' 1 “ . -
1. H. Me CuUougli, D Rufus Mallory, R
2. S. Archer, D ' • Pennsylvania.
3. O. E‘ Phelps,-D(C) , 1, S. J, Randa 1, D ,
4. Francis Thomas. R , 2. Charles,QS
6. Fredrick Stone, t> 3. Leonard Myers, ft
Massachusetts, 4, Wm, D, Kelley, ft
1. Thomas D. Khot, 11 5. Caleb N, Taylor, K
2. Cakes Ames, 11. 0. IlenJ. M. Uoyer, n
а. Gmery Twluiholl, It 7. John M. BroomnU.a
1. SathuoLHoopor, It 8. J. Lawrence GeaU,a
б. UonJ.F.BUtfor,B -B..Thnddea>Ste»cns,a
0. Nath. Blinks, It ’ • ' 10, Henry L. Calic, K
■7; Geo.S.-Boutweli; H 11.. H. M. VanAuUih, D
«; Juhn D.. Baldwin, It 12.’Charles nonlaou.n
0. ’B. Waahbarn, It 13. -Dlyiises
10. Henry L, Dawes,’.a ’ IL:Geo.'F-;Mll or,
, - 'JJMouri:' ’ ■ 15;-,Ar J; Gloasbrena r,n
1, Wai.’AfPlle B'(0.) fffc H. Kooalr.ll
2.0; A. Newcomb: a • ,
8, Themaa’D. Woeil; a’. 18: 81-R Wilson, B
: 4. X. J. GruVolly, B 1«!. O- W; SehoUWd.P
.6.J, w; Moblurg.-B' 20. D.’ A.-Plnntiy, B
0. II.TVVan Horn R(C) 2h ‘Johu'Oovode.K
’ 7. DenJ. F. Loan, It <■' J ns ■J.-K.-jlogßagi," B
BJ. F. Benjamin,- ■ • 28. Thomas Wllllaing
, 8. G.-w;Andbretmi’ll(C aL-0 t -y.;l*wrM«»
JlfleMcrnn.' - - '■ .RhodeMmil, b
I Far, O. Beatnah; B”; ; fTwd; members to “
2, Charles Upsdn, It ' veloe(pdla Aprn.J ,
. 8-Austin Blair, R ■ ,V ' ‘ ■2Vmajs'«i w
4. Thos: W. Ferry, B' • ■ [fsighf ™e“ b 1 f" S i
:6. It. B. Towbrldgo.R.. oleqled In Augasi.J
1. 1 IS'
Nevada. WestViW
,* Delbsß. - ,1. o.%Hubbard,» R
' • - New Hampshire : i:;2. JionJ. il*
[Thteo members-.to be e BuiDanlel Polsey, *•
- : olbtbd’ln MarohvJt. vy -4. ft
’' New Jersey.' - 1--
rl. WiHlam Moure,;R •. yJL Ben. F.'Hopmg?' '
.2. Charles Haight; Du tft, Atno&a .Goh hi ft
•3. Ohos. Stlgreavea, D. .4. C.A. ’EldrWß®'
4. John Hill, B §;ghUßtu»sawyer. 814 B 14
■5.0, A. Halsey, R. .- S. G. Q.,Washfi«m.»
Rcpabilcahs; 128; DembCirata;B4; -iadepena t
Republican; I Oouteßt»d. , < / f;^;’% v ' nf tho
new House is almost^^btajMew^opyy^jj
.present Housei/Thereate
:io beleleoted
■following stated; ‘ -Rhode
New Hampahlrb. ICehluoky, ■Conh^4fl6»^° a r
Ifornla. The question has arisen
eieotloQß in these States will deprlvetbo
Roans of a 4Judging
public, sentlmeat'at .theae Btftlbs on tno t uo
.queS[lbqs'of-thb ddy whlbh'WilVonmr mto
cahvass. thelr relhrua to the Hqusonf Rep‘|f
tatlvesVrill probably standos fbliows*
'DdteD^bledtibn.V/- 1 . •.‘States.' •. Rep. 7
•J4th ofMay t .l8O7,(sp0Olal, Kontuoky.-j j
,lat Monday’ln
Ist Wedneautty lu'Aprll...,Rhode Island-—^
2d Tuesday ip March.,.*. N; Hampamre-5
IstTaosday California....4
.let Tault'BdAy Ih AughMin. (.TehneaieP* lui