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" LIBERTY AJVZ THVIOIV, NOW -AJVI JF'OK.iaVEIff, . ONE AND INSEEARuA.13rE.Danicl Webster.
RALEIGHrN. C., TUESDAY, JUNE 12, 1866.
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-aijgll US " ; -
The N. C. Banking Law.
AN ACT TO ENABLE THE BANKS OF THE
STATE TO CLOSE THEIR BUSINESS.
Whereas, The financial policy of the Federal
Government adopted to maintain the national
credit, with the heavy taxes imposed by that Gov
ernment on the B.inks of the State, makes it ab
solutely necessary that said Banks should close
their business, and renders a further coutinn ince
of tbeir corporate existence idle and useless to the
people of the State,
Section 1. He it enacted by the General Assembly
of the State of Xorth- Carolina, and it ix hereby
enacted by the authrity of the same, That if the
Stockholders of any of the Banks chartered by the
General Assembly of this State sh-ll be unwilling
to close the business of their Bunks by an assign
ment, and are desirous to appropriate all the estate
and etTects of such Bunk lor the benelit of its
creditors, and to close its business and surrender
their chartered rights and franchises in conformi
ty w tli the subsequent provisions of this act,
such Stockholders may by their bill in equity in
the name of such Bank tiled in the Court of Equity
of the county in which the principal Bank or any
of its branches may be located, require the credi
tors of such Bauk to prefer and establish their
demands within biieh time (not less than twelve
months alter decree therefor) as shall be allowed
by the Court. The Court shall upon tiling such
bill appoint as commissioner a suitable person
acquainted with the business of such Bank, who
shall be paid for his services such sum as may be
allowed by the court. Such commissioner shall
give bond with ample security, payable to the
State for the faithful discharge ol his duties in
6ueh sum as shall be approved by the court,
which bond shall be filed in court and may be
sued on for the use of such persons as the court
Sec. 2. Be it farther enacted. That the commis
sioner appointed as aforesaid, upon filing the bond
required of hiin, shall forthwith become, and so
loug as he shall contiue such commissioner and
no longer, shall be vested with all the estate, ef
fects and rights of action which such Bank posses
sed, had or held or was vested with, at the time
of tiling such bill, and which such Bank could at
that time have lawfully sold, assigned or trans
ferred, including all debts due to such Bank or to
any person for its use and all liens and securities
therefor. The court may require such Bank by
its Cashier or other proper officer to endorse
without recourse, all such bills or notes, draw all
such cheeks or orders for money aud execute sueh
other paper writings as the court shall deem ne
cessary or useful to enable the commissioner to
demand or recover and receive the estate and ef
fects of such Bauk for the benefit of its creditors.
The commissioner shall have the like remedy to
recover and receive all the estate, debts and effects
belonging to such Bank at the time of tiling its
bill, as such Bank might have had if no proceed
ings had been had under this act ; and should any
such Bauk have made any sale or transfer of its
property or ell'ects, fraudulent as to its creditors
but valid as between the parties, in such cases
such commissioner 6hall stand in the place of the
creditors, aud may recover aud receive such pro
perty or effects so fraudulently sold or transferred,
although sueh Bank could not have done so. In
all suits prosecuted by such Commissioner at
law or in Equity the plaintitt" shall be styled "The
Commissioner, ' (adding thereto the name of the
particular Bank for which he has been appointed
the Comnyssioner,) aud if at the time of tiling
such bill by any Bank any action at law or pro
ceeding or suit in Equity shall be pending in the
name of such Bank for the recovery of any estate,
debt or demand which might or ought to be vested
in such Commissioner askiloresaid, such Commis
sioner shall be admitted to prosecute the same in
like manner and to like effect; a d no suit pend
ing at anv time for the recovery of any estate,
debtor demand in the name of such Commission
er shall be abated by the death or removal of such
Commissioner, buta Commissionerto be appoint
ed in such cases (as is hereinafter provided) shall
be admitted to prosecute the same in like manner
and to like effect as if the same had been origin
ally commenced by him.
Sec. 3. Be it farther enacted. That the Commis
sioner aforesaid shall in all things connected with
the discharge of his duties as Commissioner, act
under the direction and orders ot tiie court; and
it any such Commissioner shall refuse or unrea
sonably delay or neglect to obey any rule, order
or decree of the court, it shall be the duty of the
court to remove such Commissioner; and upon
such removal or upon any vacancy by death or
otherwise, the court shall appoiut some other
person Commissioner, who shall enter into bond
in such sura as the court shall direct in like man
ner and for the like uses and purposes as provided
in cases of the Commissioner iirst appointed;
and thereupon all the estate, property, effects
debts and rights of action vested in such Bank
after the time ot tiling its bill, not before lawfully
disposed of by any former Commissioner, shall be
forthwith vested in such new cominissiouer as
'legally and effectually as if he had beeu the com
missioner hrst appointed; anaine court snau nave
the power to require any former commissioner or
the representative of any deceased commissioner,
to surrender to such new commissioner any such
estate, effects, money or evidence of debt which
of right should be in the hands or possession of
such new commissioner.
Sec. 4. Be it furtter enacted. That all demands
of creditors may be preferred aud proved before
such commissioner, and for all purposes connect
ed with the investigation of the demands ot any
person claiming to be a creditor as aforesaid, the
commissioner shall have power to administer all
oaths required in the course of such proceedings.
Any supposed creditor whose claims shall be
wholly or in part disallowed by any commission
er, may appeal to the Court, where the same shall
be determined according to the course of the
Court, or decided at law, as the court may direct ;
and in all such appeals the case shall be docketed
in t name of the creditor against " The Com
missioner of " (adding the name of the Bank
of which he is commissioner,) and shall be tried
and determined as like suits between ot her parties.
In all eases in which any such commissioner shall
be a party, whether plaintiff or defendant, and it
shall appear that there has been mutual credit
given by the Bank, and any other corporation or
any person who is the opposite party, or there are
mutual debts between them, whether sueh debts
be due and payable or not, the account between
the parties shall be stated, and one debt shall be
set off against the other, and the balance of such
account only shalj be allowed or paid on eitheir
side respectively ; and the costs in all cases shall
be paid by either party as the court shall direct.
The commissioner shall from time to time pre
pare statements in writing of all claims allowed
by him; showing the character of such claims and
the evidence on which their validity is based ;
and there shall be no application of any funds in
the hands of such commissioner to the satisfac
tion in whole or in part of any claim whatever,
except under a rule or order of the court there
for. Sec. 5. Beit farther enacted, That the court shall
make all proper orders and decrees for the collec
tion of the assets of such Bank, of every nature
and description, and for the payment of the costs
and expenses iucident to .the proceedings. The
creditors whose claims and demands have been
proved and established as aforesaid against the
estate and effects ot such Bauk in the hands of the
commissioner, shall be entitled to payment in
satisfaction of the same out of the assets in hands
of such commissioner, as the court shall order
and direct; and all sueh claims and demands not
prosecuted, proved and established according to
the provisions of this act within the time allowed
by the decree of the court therefor, shall be barred
of recovery by any action at law or other proceed
ing in equity ; and any suit brought for their re
covery otherwise than is herein provided shall on
the piea of the commissioner of sueh Bank be
abated, or on his motion be dismissed. '
See. 6. Bs it further enacted. That it shall not be
necessary in any bill filed under this act, to make
any particular persons or corporations parties by
name, but it shall be sufficient if the defendants
be denominated creditors of the particular Bank
in behalf of which suit maybe instituted; and
notice of the bill shall be published .for the space
of thirty days so 60on as it may be filed in at least
fifteen newspapers, one of which shall be pub
lished in the City of Raleigh ; one in the city of
Charleston, S. C; one in the city of .Richmond,
Va.; one in the city of Baltimore, Md.-one in the
city of Philadelphia ; one in the city of New York ;
one in the city of Augusta, Ga.; one in the city of
Montgomery, Ala.; one in the city of N. X)rleans ;
and one in the city of Nashville, Tenu.
See. 7. Beit further enacted. That any one of the
the Judges ot the 8upreme Coart,,or of the Su
perior Courts of law and equity, shall hftTe power
at his chambers, from time to time, to make any
such rules, ordere or decrees as. may be necessary
or required for expediting the settlement of all
contiovereies between any commissioner appoint
ed under this act, and other parties, for the guid
ance and instruction of any coininissionei- in any
matter eonueeted with the o.ischbrgeof his duties,
for the removalor appointment ofa commission
c. or for the speedy execution of unv ef tho
Dasrers by this act confen-qd ou a coutt oj equity.
Sec. 8. Bs it further enacted. That the filing by
or on behalf of any Bank, of a bill in the court of
equity, under the provisions of this act, shall,
upon the appointment and qualitication ofa com
missioner thereunder, be deemed aud taken to all
intents and purposes to be a surrender by such
Bank of all the corporate rights and franchises
granted to sueh Bank ; and all laws by virtue of
which any such Bank then exists as a corporation
are hereby repealed, and such corporation shall
be thereupon dissolved, and all the effects and
consequences following or incident to the disso
lution of a corporation at common law shall ensue
thereon; and any statute law of this State to the
contrary notwithstanding. l'rovidcd, however,
That the estate, property, and rights of action
vested in the commissioner, as provided by this
act, shall not be in any way diverted or impaired
thereby, nor shall the rights of any creditor of
such Bauk against such commissioner or against
the estate or effects so vested in him, be thereby
impaired or in any way affected, and such com
missioner shall thereupon be considered as the
plaintiff in the pending proceedings; and, pro
vkkd, further, that should there be any balance
remaining in the hands of any such commissioner
after the satisfaction of the claims of such credit
ors, the commissioner under the direction of the
court shall distribute and pay the same to and
among those who shall be justly entitled thereto
as having been stockholders or members of such
corporation at the time of its dissolution as afore
said, or their legal representatives.
Sec. 9. Be it further enacted, That all suits on
debts due the Banks contracted with a branch
Bank shall be brought in the connty where the
branch was established, and if brought in any
other county may be dismissed on motion.
Sec. 10. Be it further enacted. That this act
shall be in force from and after its ratification.
Ratified the 13th day of March, 18W1.
ARTIFICIAL LEGS AND AI13IS.
IN RICHMOND, VA.i
Dr. DOUGLAS BLY, the Anatomist and Sur
gcon who invented the Anatomical Ball and Socket
Jointed Leg, with lateral or side motion at the
ankle, like the natural one, has just opened an
Oflice in Richmond, Va., near the postoflice, for
the manufacture and sale of his celebrated Artifi
cial Legs aud Arms. The superiority of these
Limbs has caused them to besought for, through
out almost the eutire world, as will be seen by the
following list of offices where they are manufac
tured and sold :
New York, J.
Augusta, Ga. ,
New Orleans, La.,.
23, Leicester Square.
Near the Post Office.
2d door from Post Office.
77 Carondelet St.
S92 Main St.
In City Hall.
7:1 Pine street.
143 West Fourth St.
Opposite Po.it Office.
Over Post Office.
St. Louis, Mo.,
Rochester, N. Y.,
For further information,
the nearest office.
address Dr. BLY, at
v 1609 CHFS1N1JT SV n-
ASTOft Pt ACE . I 19C3EENST
NEW YORK. I BOSTON.
JOCRCSS THE INVENTOR,
B.FRANK.PALMER.LL.D.PRES A.A UMB C.
These inventions stand approved as the "best"
by the most eminent Scientific and Surgical Socie
ties of the world, the inventor having been hon
ored with the award of FIFTY GOLD AND SIL
VER MEDALS (or " First Prizes") including the
Great Medals of the World's Exhibitions in Lon
don and New York ; also the most Honorary Re
port of the ereat Society of Surgeons of Paris,
giving his Patents place above the English and
Dr. Palmeu gives personal attention to the bu
siness of his profession, aided by men of the best
qualification and greatest experience. He is spec
ially commissioned by the Government, and has
the patronage of the prominent Officers of the
Army and Navy. Six Major-Generais and more
than a thousand less distinguished ofUcers and sol
diers have worn the Palmer Limbs on activeduty,
while still greater numbers of eminent civilians
arc, by their aid, filling important positions, and
effectually conceal their misfortune.
Advice and Pamphlets Cratis.
To avoid the imposition of piratical copyists,
apply only to Dk. PALMER, as above directed,
or to his Agent, GEO. H. TAYLOR,
dec 5 tf New Berne, N. C.
OLD ! GOLD ! IS DECLINING,
But all kinds of the best Writing Paper and
Envelopes, Illustrated papers, Fashion Books,
Fauey Articles, and Newspapers, thr'o from New
York in thirty-six hours, can always be found at
West's Stationery Store,
Next door to the National Bank. " Small profits
and quii-k sales," is our motto.
February 16, 1800 tf
rpHE NEW LINE FOR BALTIMORE,
X carrying the GREAT HARNDEN EXPRESS
FREIGHT, leave Norfolk at b o'clock,' p. m.
The new and elegant steamers
GEORGE LEARY, Capt. S. Blakeman,
Tuesday, Thursday and Saturday.
JAS. T. BRADY, Capt. D. C. Landis,
Monday, Wednesday and Friday.
The steamers of this line have unsurpassed ac
commodations, being all new and constructed
with great regard to speed, comfort and safety,
and the tables are equal to first class hotel fare.
Travellers g ling North via Seaboard aud Roan
oke Railroad, can purchase tickets to Portsmouth,
where coaches will be in wailing to convey them
and their baggage free of charge to the New
Line Steamers. Ample time is afforded to make
sure connection, and the fare under any circum
stances as low as by the Old Bay Line.
Travellers going via Weldon and Petersburg
and Norfolk and Pet ersburg Railroads can procure
through tickets at Petersburg and have baggage
checked to Baltimore, Philadelphia and New
This line connects at Baltimore with the Rail
roads for all Principal Cities North and West.
Through Tickets sold on the Boats, and Passengers
and Baggage transferred from Boat to Cars Free
Passengers, Baggage and Freight transferred to
aud from Portsmouth and New Line Steamers
free of charge.
Leave Baltimore from Spear's Wharf, foot of
Gay Street, at 5 o'clock, p. m.
H. V. TOMPKINS, Agent
sep 23134 ly8 At Norfolk.
Raleigh and Gaston Railroad,
April 6, 1800.
rpHE PUBLIC ARE INFORMED THAT THE
I Speed on this Road has been increased, and
close connections are made with all trains going
North and South. Passengers do not change
cars from Charlotte to Weldon. To Baltimore
and other cities North, the fare as low as by any
other route, and time as quick. Through tickets
to alLpiaces North by both Petersburg, Richmond
and Washington City, aud by Norfolk and Bay
Steamers, and to the principal Cities in the North
West via Baltimore and Ohio Railroad. ' Baggage
t To Shippers very great inducements are. offered.
It Is the quickest, safest, and. as cheap as by any.
other route. Freight is shipped through without
breaking bulk from Charlotte to Norfolk. . - --
- The connections - at- Norfolk, : with Bupcrior
tjcean a trainers, commend this route to all inter
ested! n shipping.
A. JOHNSON, J
FINAL REPORT OF THE J0IXT CONGRESS
PRESIDENT JOHNSON'S POLICY"
The Late Rebel States Disorganized
Reconstruction belongs . exclusively to Congress.
GUARANTEES OF SECURITY FOR THE
THE REBEL STATES NOT ENTITLED TO EEP
RESESTATION IK CONGRESS.
The following is the report of the
Committee on Reconstruction, submit
ted in the Ilonse and Senate yester
day: The joint committee of the two houses
of Congress, appointed under the con
current resolution of December 13, 1865,
with direction " to inquire into the con
dition of the States which formed the
so-called Confederate States ot America
and report whether they or any of them
are entitled to be represented in either
house of Congress, with" leave to report
by bill or otherwise," ask leave to re
That they have attended to the duty
assigned them as assiduously as other
duties would permit, and now submit
to Congress as the result of their delib
erations a resolution proposing amend
ments to the Constitution, andtwo bills,
of which they recomend the adoption.
Before proceeding to set forth in ds
tail their reasons for the conclusion to
which, after great deliberation, your
committee have arrived, they beg leave
to advert, briefly, to the course of pro
ceedings they iound it necessary to
adopt, and to explain the reasons there-
I lie resolutions under which your
committee was appointed directed them
to inquire into the condition of the Con
federate States, and report whether they
were entitled to representation in Con
gress. It is obvious that such an inves
tigation, covering so large an extent of
territory, and involving so many im
portant considerations, must necessarily
require no trifling labor, and consume
a very considerable amount ot time.
It must embraace tl condition in which
those States were left at the close of the
war; the measures which have been ta
ken toward the organization of civil
government, and the disposition of the
people toward the United States; in a
word, their fitness to take an active part
in the administration of national af
As to their condition at the close of
the rebellion, the evidence is open to
all, and admits of no dispute. They
were in a state or utter exhaustion.
Having protracted their struggle against
1' ederal authority until ail hope oi sue
cessful resistance had ceased, and laid
down their arms only because there was
no longer any power to use them, the
people of those States were left bank
rupt in their public finances, and shorn
of the private wealth which had before
given them power and influence. They
were also necessarily in a state of com
plete anarchy, without governments,
and without the power to frame govern
ments, except by the permission of
those who had been successful in the
war. The President of the United
States, in the proclamations under
which lie appointed provisional govern
ors, and in his various communications
to them, lias in exact terms, recognized
the fact that the people of those States
were, when the rebellion was crushed,
"deprived of all civil government, and
must proceed tQ organize anew." In
his conversation witli Mr. Stearns, of
Massachust'ttSjCertiiied by himself Presi
dent Johnson said: "The State insti
tutions are prostrated, laid out on the
ground, and they must be taken up and
adapted to the progress of events."
Finding the Southern States in this
condition, and Congres having failed to
provide for the coutigency, his duty
was obvious. As President of the Uni
ted States he had no power, except to
execute the laws of the land as Chief
.Magistrate. These laws gave him no
authority over the subject of reorgani
zation, but by the Constitution he was
Commander-in-chief of the army and
navy of the United States. These Con
federate States embraced a portion of
the people of the Union who had been
in a state of revolt, but had been re
duced to obedience by force of arms.
They were in an abnormal condition,
without civil government, without com
mercial connections, without national
or international relations, and subject
only to martial law. By withdrawing
their representation in Congress, by
renouncing the privilege of representa
tion, by organizing a separate govern
ment, and by levying war against the
United States, they destroyed their
State constitutions in respect to the vi
tal principle which connected their re
spective States with the Union, and sev
ered their federal relations ; and nothing
of those constitutions was left of which
the United' States were bound to take
notice. For four years they had a de
facto government, but it was usurped
and illegal. They chose the tribunal of
arms wherein to decide whether or... not
it should be legalized, and they were
defeated. .:At the close of the rebellion,
therefore,1 the - people r f the rebellious
States were found, as, the President ex
presses it,: deprived of, all civil , govera
ment. , , rKl- '
- Under this state of affairs it jvas plain
ly the duty of- the .Presid en vto enforce
pvistino national loun airl in octfililish
. i ,it J.' i
wiuu,.sui;ii o j stcui ui
ernment as might be provided for by
existing national statutes. As Commander-in-Chief
of a victorious army,
it was his duty under the law of na
tions and the army regulations to re
store order, to preserve property, and
to protect the people against violence
from any quarter, until provision should
be made by law for their government.
He might, as President, assemble Con
gress and submit the whole matter to
the law-making power, or he might
continue military supervision and con
rrol until Congress 6hould assemble on
its regular appointed day. Selecting
the latter alternative, he proceeded, by
virtue of his power as Commander-in-Chief,
to appoint provisional governors
over the revolted States. These were
regularly commissioned, and their com
pensation was paid, as the Secretary of
War states "from the appropriation for
army contingencies, because the duties
performed by the parties were regard
ed as of a temporary character, ancilla
ry to the withdrawal of military Ibrce,
the disbandment of armies, and the re
duction of military expenditure, by pro
visional organization for the protection
of civil rights, the preservation of peace,
and to take the place of armed force in
the respective States."
It cannot, we think, be contended that
these governors possesed or could ex
ercise any but military authority. They
had no powers to organize civil govern
ments, nor to exercise any authority,
except that which inhered in their own
persons under their commissions. Nei
ther had the President, as a commander-in-chief,
any other than military pow
er. But he was in exclusive possession
of the military authority. It was for
him to decide how far he would exer
cise it, how far he would relax it, and
on what terms he would withdraw it.
He might properly permit the people to
assemble, and to initiate local govern
ments and to execnte such local laws as
they might choose to . frame, not incon
sistent with nor in opposition to the
United States. And, if satisfied that
they might safely be left to themselves,
he might withdraw the military forces
altogether, and leave the people of any
or all of these Statos to govern them
selves without his interference. In the
language of the Secretary of State, in
his telegram to the provisioual govern
or of Georgia, dated Oct. 28, 1865, he
might "recognize the people of any State
as having resumed the relations of loy
al ity to the Union," and act, in his mili
tary capacity, on this hypothesis. All
this was within his own discretion, as
militay commander. But it was not
for him to decide upon the nature or ef
fect of any system of government which
the people of these States might see fit
to adopt. This power is lodged by the
Constitution in the Congress of the
United States that branch ofthe Gov
ernment in which is vested the author
ity to fix the political relations of the
States to the Union, whose duty it is
toguranteeto each State a republican
form of government, and to protect
eacli and all of them against foreign or
domestic violence, and against each
other. We cannot, therefore, regard
the various acts of the President in re
lation to the formation of local govern
ments in the insurrectionary States, and
the conditions imposed bv him upon
their action, in any other light than as
intimations to the people that as Commander-in-Chief
of the armjr, he would
consent to withdraw military rule just
in proportion as they should, by their
acts, manifest a disposition to preserve
order among themselves, establishgov
ernments denoting loyality to the Uni
on, and exhibit a settled determination
to return to their allegiance leaving
with the lawmaking power to fix the
terms of their final restoration to all
tho rights and privileges as States of the
Union. That this was the view of his
power taken by the President is evi
dent from expressions to that effect in
the communications of the Secretary of
State to the various provisional govern
ors and the repeated declarations of the
President himself Any other supposi
tion inconsistent with it would impute
to the President designs of encroach
ment upon a co-ordinate branch of the
Government, which should not be light
ly attributed to the Chief Magistrate of
When Congress assembled in Dec
ember last, the people of most of the
States lately in rebellion had, under
the advice of the President, organized
local governments, and some of them
had acceded to the terms proposed by
him. In his annual message, he stated
in general terms what had been done,
but he did not see fit to communicate
the details for the information of Con
gress. While in this and in a subse
quent message the President urged the
speedy restoration of these States, and
expressed the opinion that their condi
tion was such as to justify their restor
ation, yet it is quite obvious that Con
gress must either have acted blindly on
that opinion of the President, or pro
ceeded to obtain the informat ion requis
ite for intelligent action on the subject.
The impropriety of proceeding wholly
on the judgment of any one man, how
ever exalted his station, in a matter in
volving the welfare ofthe Republic in
all future time, or of adopting any plan,
coming from any source, without fully
understanding all its bearings and com
prehending its full effect, was apparent.
I The first tep, therefore, was to obtain
the required information. . A call was
accordingly made on the President for
the information in his possesion a to
what had been done, in order that Con
gress might judge for -itself 9s to the
-grounds of the .belief expressed by
him in : the fitness of;. States recently
iuj'ebellion to participate. fully in the
conduct; of national attTits.;:;.This infor
mation was not immediately cojnmuni-
tea. yy nen tne respons$was :nnauy
made, some six weeks after your com
mittee had been in actual session,it was
found that the evidence upon which the
President seems to have based his sug
gestions was incomplete and unsatifac- !
tory. Authenticated copies of the con
stitutions and ordinances adopted by
the conventions in three of the States
had been submitt ed extracts from news
papers furnished scanty imformation as
to the action of one other State, and
nothing appears to have been commu
nicated as to the remainder. There
was no evidence of the loyalty of those
who participated in these conventions,
and in one State alone was any propo
sition made to submit the action of the
convention to the final judgment ofthe
Failing to obtain the desired informa
tion, and left to grope for light wherev
er it might be found, your committee
did not deem it either advisable or sate
to adopt, without further examination,
the suggestions of the President, more
especially as he had not deemed it ex
pedient to remove the military force, to
suspend martial law, or to restore the
writ of habeas corpus, but still thought
it necessary to exercise over the people
of the rebellious States his military
powder and jurisdiction. This conclu
sion derived greater force from the fact,
undisputed, that in all those States, ex
cept Tennessee, and perhaps Arkansas,
the elections which were held for State
officers and members of Congi-ess had
resulted almost universally in the defeat
of candidates who had been true to the
Union, and in the election of notorious
and unpardoned rebels, men who could
not take the prescribed oath of office,
and who made no secret of their hos
tility to the government and the peo
ple of the United States. Under these
circumstances anything like hasty ac
tion would have been as dangerous as
it was was obviously unwise.
It appeared to your committee that
but one course remained, viz : to inves
tigate carefully and thoroughly the
state of feeling and opinion existing a
mong the people of these States ; to as
certain how far their pretended loyalty
could be relied upon,aud thence to infer
whether it would be safe to admit them
at once to a full participation in the
Government they had fought for four
years to destroy. It was an equally
important inquiry whetner their resto
ration to their former relations with
the United States should only be gran
ted upon certain conditions and guaran
tees, which would effectually secure the
nation against a recurrence of evils so
disastrous as those from which it had
escaped at so enormous a sacrifice.
To obtain the necessary information, re
course could only be had to the examination
of witnesses whose position had given them
the best means of forming an accurate judg
ment, who could state facts from their owu
observation, and whose character and stand
ing afforded the best evidence of their truth
fulness and impartiality. A work like this,
covering so large an extent of territory, and
embracing such complicated and extensive
inquiries,necessarily required much time and
labor. To shorten the time as much as pos
sible, the work was divided and placed in
the hands of four sub-committees, who have
been diligently employed in its accomplish
ment. The result of their labors has been
heretofore submitted, and the country will
judge how far they sustain the President's
views, and bow tar tliey justity the conclu
sions to which your committee have finally
A claim for the immediate admission of
Senators and Representatives from the so
called Confederate States has been urged,
which seems to your committee not to be
founded either in reason oi in law, and
which cannot be passed without comment.
Stated in a few words, it amounts to this :
that, inasmuch as the lately insurgent States
had no legal right to separate themselves
from the Union, they still retain their posi
tions as State3, and consequently the people
thereof have a right toiuuuediate representa
tion in Congress, without the imposition of
any conditions whatever; and further, that
until such admission, Congress has no right
to tax them for the support of the Govern
ment. It has even been contended that, until
such admission, all legislation affecting their
interests is, if not unconstitutional, at least
unjustifiable and oppressive.
It is believed by your committee that all
these propositions are not only wholly un
tenable, but, if admitted, would tend to the
destruction of the Government.
It must not be forgotten that the people
of these States, without justification or ex
cuse, rose in insurrection against the United
States. They deliberately abolished their
State governments so far as the same con
nected them political. y with the Union as
members thereof under the Constitution.
They deliberately renounced their allegiance
to the Federal Government, and proceeded
to establish an independent government for
themselves. In the prosecution of this en
terprise they seized the national forts, arsen
als, dock-yards, and other public property
within their borders, drove out from among
them, those who remained true to the Union,
and heaped every imaginable insult and in
jury upon the United States and its citizens.
Finally they opened hostilities and levied
war against the Government. They contin
ued this war for four years with the most
determined and maliguant spirit, killing in
battle and otherwise large numbers of loyal
people, destroying the property of loyal citi
zens on the sea and on the land, and entail
ing on the government an enormous debt in
curred to sustain, its rightful authority.
Whether legally and constitutionally or not
they did in fact withdraw from the Union,
and made themselves subjects of another
government of their on n creation ; and they
only yielded when, after a long, bloody, and
wasting war, they were compelled by utter
exhaustion to lay down their arms ; and this
they did, not . willingly, but declar ng that
they yielded because they could no. longer
resist, affording no evidence whatever of re
pentance for their crime, aud expressing no
regseli except that they had no longer the
power to continue the desperate struggle. ..v;
It cannot, we think, be denied by any one
having a tolerable acquaintance with public
law, that the wathua waged was a civil war
of the greatest magnitude. The people wa-1"
ging it were necessarily subject to all the
rules, which by the law-of nationa control u
contest of that character, . and to- aIKhe iegi
tim&te,MA8ejaenees ' foil owing it. One of
those consequences was that, within the lim
its prescribed by humanity, the conquered
rebels were at the mercy of the conquerors..' "."
That a Government thus outraged had al
most perfect right to exact indemnity for
the injuries done and security . against the
recurrence of such outrages in the fature, ,
would Beem too clear for dispute. What tha '
nature of that security should be, what proof
should be required of a return to allegiance,
what time should elapse before a people thus
demoralized should be restored in full to the
enjoyment of political rights and privileges,
are questions for the law-making power, to
decide, and that decision must depend . on' .
grave considerations of the public safety and
the general welfare, ' x '
It is, moreover, contended, and with ap
parent gravity, that from the peculiar nature ;
aud character of our Government no such
right on the part of the conqueror can exist;
that from the moment when rebellion lays
down its arms, and actual hostilities cease,
all political rights of rebellious communities
are at once restored ; that because the peo- -'
pie ofa State of the Union, were once an or .
ganized community within the Union, they '.'
necessarily so remain, and their right to be
represented in Congress at any and all times, ;
and to participate in the government ofthe.
country under all circumstances, admits of
neither question nor dispute. : If this is in
deed true, then is the Government of the
United States powerless for its own protec- .
tion, and flagrant rebellion carried to the ex
treme of civil war is a pastime which any
State may play at, not only certain that it
can lose nothing in any event, but may be
the gainer by defeat. If rebellion succeeds,
it accomplishes its purpose, and destroys the
Government. If it fails, the war has been
barren of results, and the battle may be
fought out in the legislative ' halls of the
country. Treason, defeated in the field, has
only to take possession of Congress and the
Your committee does not deem it either
necessary or proper to discuss the question
whether the late Confederate States are 8(111
States of this Union, or can ever be other-'
wise. Granting this profitless abstraction,
about which so many words have been was
ted, it by no means follows that the people
of those States may not place themselves in
a condition to abrogate the powers and priv
ileges incident to a State of the Union, and
deprive themselves of all pretence of right
to exercise those powers and enjoy those
privileges. A State within the Union has
obligations to discharge as a member of the
Union. It must submit to Federal laws and
uphold Federal authority. It must have a '
government, republican in form, under and
by which it is connected with the General '-
Government, and through which it can dis-i'
charge its obligations. It is more than idle, t
it is a mockery, to contend that a people who
have thrown off their allegiance, destroyed '
the local government which bound these
States to the Union as members thereofor
defied its authority, refused to execute its
laws and abrogated every provision which ;
gave them political rights within the Union,
still retain through all the perfect and entire
right to resume at their own will and pleas- '
ure all their privileges within the Union,
and especially to participate in its govern-,
ment, and to control the conduct of its af--fairs.
To admit such principles for one mq-' '
ment would be to declare that treason is al-
ways master and loyalty a blunder. Such a '
principle is void by its very nature and es
sence, because inconsistent with the theory '.
of government and fatal to its existence.
On the contrary, we assert that no portion ,
of the people of this country, whether in
State or Territory, have the right while re-
maining on its soil to withdraw from or
neglect the authority of the United States.
They must obey its laws as paramount, and
acknowledge its jurisdiction. They have no '
right to secede ; and while they can destroy
their' State governments and place them-
selves beyond the pale ofthe Union, so far.
as the exercise of State privileges is con-"
cerned, they cannot escape the obligations ,
imposed upon them by the Constitution and ,
the laws, nor impair the exercise of national
authority. The Constitution, it will be ob- ,
served, does not act upon States, as" such,
but upon the people. While, therefore, the
people cannot escape its authority,, the ' -States
may, through the act of their people
cease to exist in an organized form, and thus "
dissolve their political relations . with the
United States. That taxation should be
only with the consent ofthe people, throngh '
their own representatives, is a cardinal prin-1
ciple of all free governments ; but it. is not
true that taxation and representation must .'
go together under all circumstances and at
every moment of time. The people of the ':
District of Columbia and ot the Territories
arc taxed, although not represented in Con-."
gress. If it be true that the people of the ,
so-called Confederate States have no right to
throw off the authority of the United States,
it is equally true that they, are bound at all '
times to share the burdens of government.
They cannot either legally or equitably re-: ,
fuse to bear their jwt ; proportion of these
burdens by voluntarily -abdicating their
rights and privileges as States of the Union
and refusing to be represented in the coun
cils of the nation, much Jess by rebellion
against national authority and levying war,"
To ho'd that by so doing they could escape r
taxation would be to offer a premium for in
surrection ; to reward instead of punishing,
treason. To hold that as soon as govern-f
ment is restored to its. full authority it can .
be allowed no time to secure itself against
similar wrongs in the future, or else omit the -ordinary
exercise of its constitutional power -to
compel equal contribution from all to
ward the expenses ofthe government, would '
be unreasonable in itself and, unjust to the;
nation. It is sufficient to reply that the loss'
of representation by the people of ,the insur
rectionary States was their awn voluntary .'
choice. They might abandon their privile-'
ges, but they could not escape their obliga-;
tion. And surely they have no right, to com-;
plain, it netore resuming their privileges; ..
and while the people of the United States. .
are devising meapa for the publie safety, ren
dered necessary by the act of those, who thus
disfranchised themselves, they are compelled
to contribute their just proportion of the
general burden of taxation incurred by tbeir . T
wickedness and folly. ' .-r.-;''r-v '.: '
- Equally absurd is .the pretence' that the'
legislative authority of the nation muBt be
inoperative, so far as they are concerned, ,
while they, by their own act, have lost the
right to take part in it.:; Such a proposition
carries its own refutation. on its face. , J'""
While thus exposing t fallacies, which; as
; your committee, believe,' are resorted to for.
the purpose of misleading the people, and
distracting their attention from the questions
at issue, we freely admit that such a condi
tion of things should be brought,, if possible,.
; to a speedy termination. Jt is most desira
ble that the union of all the States should
become perfect at the; earliest moment con-.
, sistent with the peace and welfare of the na- .
tion,' that all these States shonld bccome ful
ly represented in the national councils, and
take tbeir share in the legislation of the
country. The possession and . exercise of
more than its just share, of pbwe by anyr
. . i .