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TBI VritKLTBATIOVAt, MTinllCIS
ll pahlUhee every rriiay'seoralagf oae eofy ale year,
tlOO Tkree eoalae aao yeas, 8.00 Tea oopleo can
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Washington city, i. c, Tuesday morning, apml 24. isoo.
Tfc. Ofll.l.l ATartlla..U .Call tha aUaawttva Dip.rt-.-ta X tk Oftraraaaamt an Pnlllahat In thla Papal- br AtMxorUf of TUB rRJUIDKHT.
rriir: TOiToiT xnsimoitxat.
HON. JAMES R.DOOLITTLE.
UKCOlN-JOnSSON POLICY OF RESTORATION,
Jstllvatad la tha af tha tTsiUad ICatai,
jiaawj ai, snots.
Tho Senate resumed the consideration of
we joint resolution (B. ic.lio. 11 In relation
fio mo organization oi provisional govern
ments within tho State, whose people were
lately in rebellion arainst tha United Rtat.
the pending question being on tho motion of
Air. nowe to reier mo resolution to the joint
committee of tho two Houses to Inquire into
. the condition of the States which formed the
So-called confederate States.
Mr. Doouttlk. I ask that tho resolution
bo read at the desk.
The Secretary read it, as follows:
' Wbinu tha paopla of Virginia, of North Caro
lloa, ot Booth Carolina, of Uiorgta, of Florida,
Alabama, Mississippi, Loaliiana, Tizai, Arkansas,
and Taonissi ban bintofora deolarid tbalr loda
piodanoo of tbo Goviromtot of tbi Unltad Statoi,
ban uiarpid antboritj dinlid to mry Stata by
tha lapramalawof tha land, baro abjured datiai
Impoiid upoa ortrv Btata by tha lama law, an
hiti wagid.war against tho Uolt.d Eaatai.nbir , '
tba pplltteal fanotlona formirty (rantad to thon
rop)a bars bun itupaodad; and wb..- t .
Sanction! oinnot Jit ba raitcnd to ',kl. -VTi.
with lar.tT to thiamin! or to U.'.'S.S
wbareu military trlbnnali an .. f J'.i' "d
irol.i of elrll authority: Th t?i. U ' "
:,ixzfi!',"it n io.ii r.
tuh f., tb.'r ' " Pf WoaallyorjaaUrf foTlh.
r.ik..L. ' Voplalnaaohof tha district! m.d
In tha pwjjj, n,l0 .ii
Mr. jjooiittlc. Mr. President, how many
B'.tca constitute that great Republic which
the world calls the United States of America!
The President and those who think with him
cay thirty-six. Tho Senator from Massachu
setts .Mr. UumnerJ and my colleague say
twenty-0vo. Where are the eleven! Where
is Virginia, North Carolina, South Carolina,
Georgia, Alabama, Louisiana, Mississippi,
Arkansas Tennessee, Florida, and Texas!
Theso eleven great States are larger, by
thousands of square miles, than Ungland,
France, Spain, Portugal, and the Germanic
Confederation, including Austria and Prus
sia, all put together, as the table I hold in
my hand shows:
Anntntquannllu. Ana in tqtart aillu.
EofUai M.ra Vlrflala Sl.ua
raio S00.S71 Nona Carollaa 4S.0OO
8plaaod I'ertngal 219,491 Hoath CaroUna 28,000
Ocrmaall Ga.rilsra- Georgia 08000
Mob, I.elaalDf Atabana KUM
Austria aad J'r.- Mississippi 47,108
la.,, 244,414 Loalslaaa 4I.SS3
720,498 T....S.M 48,000
These eleven great States, with ten million
people, which produced, annually, fou; mil
lion unies oi coiion, anu aro cupab'.o of pro
ducing doublo that number, whe-0 'ar0 tcy
und what aro they! That lvaey'onco constil
tutcd a Hart of the Stri.. r iu. iti i
certain. Do they now 'That is the ques
tion. President Lincoln, during his admin-
B.i.f., . arcsiucnt Jonnson, and tlioso
who sustaip, tucir poiicy say thcy do
"""" " .TioMacuuseiis, (Mr. Duinncr.J
tho hor.omijle member from Tcnnsylvanio,
IJIr. rjieycnj.l who opnoso that Dolicv. and.
to n jy sincere regret, my colleague, say they
Deforo giving my views, I will noticowhat
is sometimes said, that this question, name
ly, whether they aro States in the Union un
der the Constitution, or are Territories, is a
raero abstraction an idea of no practical
importance While I yield to none in tho
tlcsire to secure practical o-nod ami ovnhl
-practical evil, I cannot forget that ideas rule
tho world. Thcy are the spiritual forces
which bring on wars, lead in revolutions, and
undcjlio eery great movement in tho scicn
title, religious, and political world. I need
go no further to find an instancethan to
this great rebellion against the United
Two radical ideas rascally false, how
ever brought on thLi rlvil , uM-i, i.
coat this nation moro than half a million
lives and untold millions of treasure.
First, ttat States had a right to secede ;
ctccond, that slavery is a blessing.
The surrender of those two ideas by tho
South is now tho basis of permanent peace.
Sir, this question, whether those States aro
still States In this Union under the Constitu
tion, or not, Is no vain abstraction, no idea
without immediate, practical, and most gravo
Is it of no practical consequenco whether,
to adopt an amendment to the Constitution,
it requires tho ratification of twenty-seven or
only of twentv-ono States !
Is it of no practical Importance whether
tleven States, with their ten million people,
jholl bo, taxed and governed without rcpro-
ceiur.iion h " un icss man one imru oi mat
ro-unber of people, our forefathers, because
the Parliament of Great Britain, in which
thcy had no representation, passed laws to
tax them, declared tho independence of these
Is it of no practical importance whether
theso eleven States and ten million people
shall govern themselves under a republican
form of Stato government, subject only to
tho Constitution of the United States, or
whether they shall be held as subject vassals,
to bo governed for An indefinite nerlnd hv
tho unlimited will of Congress, or by tho.
ls it of no practical importance whether
the flag of our country, for which half a mil
lion liuvo laid down their lives, and which
bears thirty-six stars as an emblem of a
Union of thirty-six States, speaks a nation'
truth, or is a monstrons falsehood !
Theso and many like questions are Involved
in this discussion, una depend upon tne an
swer to tho first.
It Is, therefore, in my judgment, a question
of the first magnitude; a question which
must bo met: a question which neither men
nor parties can avoid or put aside. It de
mands and will havo an answer. It is a
question, too, upon which there is and there
can bo no compromise and nn natitralitv.
Thcy are States in tho Union under tho Con
stitution, or tney aro not. wo must affirm
the ono or tho other. Wo must stand upon
one side, supporting tho Lincoln and John
son policy, maintaining the Union of the
States under tho Constitution to be unbro
ken, or wo must take our stand with tho
Senator from Massachusetts upon the other.
and maintain that the Union is broken t thut
secession is a Buccess and not a failure, bo
far at least as to withdraw eleven States from
tho Union or reduce eleven States to tho ter
First, I cll to mind the language of Pros.
Went Lincoln's proclamation of December 8,
1863. In that ho said:
"I do farthir proclaim, daolaro, and makl
known, that whinivir, In any of tha Statoi of Al
kiniai, T.i.i, Lonlilana, Mlnlnlppl, Tanmim,
Alabama, Ooortla, riorlda, Booth Carolina, and
North Carolina, a snmbar of panoni, not Itn than
ono tenth In nombar or tha rotai out In inch Btata
at tha praildintlal alietlon of tho jaar of oar lord
1800, aaoh hating takin tha oath atomald aad not
hating ilnoa tlolatad It, and balsa, a qoallBad volar
by tha auction law of tha Stato ixlitlnf Immadl
atllr blfora tba lo-iallad aot of imuiIa, a .
(ladlog all othars, shall ra-tilabllih a Etata roram
mint which ihall ba npoblloan, and In nowlaa n
Iratinlog said oath, inch ihall la raoognliad al
tha trua jonrnm.nl of tha Stat,, and tha Btata
hall racalta thlrmndor lha bantttl of tha eontlL
tntlonil Drorl.lon wkt,h dal,,, tK.t i ih. nnii.j
nuiai aaau goaraniv u arary Btata In Ihli Union
ftripoblloan form yA rotornmant, and ihall protoot
aaoh ofthim ualnitlntailon.'
llio policy thus announced was rnlerM
upon at onco in the fiintc nf tnl.l.
.VU..V.OVD, uu Ar&uiuoa. jt received the
nnnfltaAn aaa-a! Aa.l . tl f . .
uuauuuuus supnori or every mft-.,hA. r li.
Cabinet. While that great rr.nn wn ,i
,.v wuujreiiuii, anu ready to hear the
suggestions of othcrsj n0 becomo more and
more settled and m, m i,, convictions as
, t.,1 ". -....---...-.
iv miu niauoni r . .v., ..Mr.. r..,n ,i.A .t.t-
J,,,lia,t proclamation down to tho Very day
of hlsdc.,1, ' '
rh',, President pro tempore. Tho morning
" ar having expired, ft becomes tho duty of
uio vuair to can up tho nntlnnhed business
ot yesterday, being the bill (8. No. 60 to en.
largo tho powers of tho Frcedmen's Bureau.
.Mr, Johnson. I move that the bill be
postponed until to-morrow, in order to allow
tho Senator from Wisconsin to proceed with
Tho motion Was asreed to.
Mr. Doolittle. Sir, ou tho 11th of April
last ho spoke to tho people of Washington-.
It was on the occasion of tho Illumination,
but three days before his assassination. Tho
frcat army of tho rebellion had surrendered.
to had himself visited Richmond, where,
from tho very house occupied by Jefferson
Davis, ho had, from time to time, telegraphed
tho gladdening news of victory upon victory
to a rejoicing people Ho had returned from
the chief scat of the rebellion to the capital
of tho Union, bringing with him, as tho spoil!
of victory, not gold, nor crowns, nor jewels,
but tho "broken chains of fnnrmilltAn ilifH "
in that hour oi triumph. In that moment of
supreme exaltation, ho could not refrain,
when invited, from appearing before tho peo
ple to add to tho general joy. Among other
things ho said :
'Ws meat Ihll atlnlna-. not In .arrow, lint In
Kladoui of heart. Tha etaooatlonof retinbarg
and nichmond, and tho lorrandar of tha principal
Ininrgmt army gate hop of a rlghtloai aod
paody peace, whose loyonl axprenlon cannot be
utilised. In tha mldit of thli, howorer, tja from
whom alt blesilogi flow moit not ba forgotten. A
call fgr a national tbaokiglting Ii being prepared,
and will be doty promulgated. Nor moil thoie
whoia harder part glrel m the cam', of rejoicing be
overlooked. Their honor, moil nolle parceled
ont with othen. I myeelf was near the front, and
bad tha high pleaiora of tranimlttlng mnch of the
good newe to yout lot no part of the hooor, for
plan or elocution, Is mine. To Qetilral Oram, hli
skillful offlceri, and brave mod, all belong!."
w y w w w
"In the ahhual meniia of December. 1862. and
accompanying proclamation, I preiented a plan of
reooniiruetlou, (el toe poraie goes,) wbloh t prom
lied, If adopted by any State, ihould ba acceptable
to and luitalnid by the Eieoutlro tlotoroment of
Thll ttan wal. In advance, anhmlttcl tn tha
thin Cabinet, and dtilloctly approted by every
mimbir of It." "Krcrypart
andtparcel of tha plan which hli llboe been em
ployed or touched by tha action of Loolilma,"
Tho Senate will remember that Mr. Lin
coln's Cabinet then consisted of M r. Reward.
Secretory of State, Mr. Chase, then Secretary
ut tne a reasury anu now uniei Justice, Air.
Stanton, Secretary of War, Mr. Welles, Sec
retary of tho Navy, Mr. Usher, Secretary of
the Interior, Mr. Blair, then Postmaster
General, and Mr. Bates, then Attorney Uen
cral. Let us remember each and every ono
of those men approved every part and parcel
of that policy. I read still further from this
lost great speech, in which ho gave, in most
lorcioio language, the reasons which made
him adhere to and cherish that policy up to
tho time of his death :
Some twelve thouland voter! la tho heretofore
lari State of Loulllaoa hara iworn alleglanoi to
tba Unloni anomed to bo the rightful political
power of too Stltel held electlonij organlied a free
fovernmenti adopted a free Stato conatltotlon, glr
ng tbo benefit of publlo icbooli equally to black
and white, aod empowering tha Leglilatnro to eon
far the elective frenchlie upon the colored man.
Their Leglllature hal already votid to ratify tbi
oomtitutlonal amendment, rcoentty paned by Con
gnu, abolishing ilariry throughout the nation.
Thlio twelve thouiaod perioni are thoi fully com
mitted to the Union, and to perpetual freedom in
the States committed to the very tblogi, and marly
all tha Ihlngl, tha nation want! and they ask the
natloo'i recognition and 111 sssistanco to make good
Plow. If wo reiect and snurn them, we do our
almost to disorganise and disperse them We, In
ofloot, lay to the white man, ' You are worthies!, or
worsi, we will neither help you nor be helped by
you.' To the llooki we lay, ' Tbli cup of liberty
wnloo. these, your old maatlrl, bold to your lipl,
wi will dash from you, and leave you to the obancci
of gethirlng tho Ipltlid and nattered contents, In
some vague ana undinnea wnen, where, and bow.
If thll eoorse, discoursing and paralysing both to
white aod black, has anv teodencv to Irloa- Loulsl.
ana loto proper praotlcal relations with the Union,
I have, lo far. bun unable to oeroelve It
" If, on the contrary, we recognise and sustain
the new government of Louisiana, the converse of
all this Is made true. Wo encourage the heart! and
nerve the arm! of the twelve thousand toadhe'e to
their work, and argue for It, and proselyte for it,
and fight for It, and feed It, and grow It, and ripen
It to a complete luociss. The colored nran, too, see
ing all united for him, ll tniplred with vigilance
and energy and darlsg, to the lami end Grant that
be desires the elective franchise Will be not attain
It sooner by saving the already advanced steps to
ward It than by running backward over thiin?
Concede that tha new government of Louisiana ll
only to what It ibould be ai tbi igg Ii to thi fowl,
we ihall toomr have the fowl by hatohlng the egg
than by smashing It."
" I ripeat the question. ' Can Louisiana be
brought Into proper practical relation with the
union toouer oy tuiiatnmir or bi discarding- her
new State government f ' What hai Icon laid of
Louisiana will apply generally to other States."
Sir, I havo givcu you his own words. I
would to Uod thev could be read nirain nnd
again In tho hearing of every American citi
zen. 1 hey como to us as his dying legacy
upon the great problem of the hour. They
state tho important fact that this policy was
entered upon by him with Uio full approba
tion of every member of his cabinet as to
every part and parcel of that policy.
I repeat, and ask the Senate and the coun
try to near, wo have Mr. Lincoln's positive
testimony, that Mr. Seward upproved it, in
general and detail; Mr. Chuto approved it,
and every part and parcel of It; Sir. Stanton
and Mr. Welles, also, who still remain in the
cabinet, fully and cordially approved.
And now. sir. I nronoso to show vou that
a higher tribunal than Congress, cr the Chief
Justice of tho Supreme Court, or tho Presi
dent and his Cabinet, approved and sustained
that policy The loyal pcoulo of tho United
States, represented at Baltimore, approved
it by the rcnoininatlon of ir. Lincoln for
the Presldncy. And, as If lo make tho en.
dorscment of this part of Mr. Lincoln's
policy moro emphatic, Mr. Johnson was
nominated for the Vice Presidency, the very
man of all others who had for a long time
been engaged in tho great work bf recon.
structing civil government In the State of
Tenncsfoe Upon the basis of that policy. It
was objected by some In that convention,
as it is here, that Tennessee had bo right to
representation, but on motion of tM dunlin
gnished ex-Senator from New York,(Preston
King,! ho ho more, her delegalcs were ad
mitted. Ono of her sons, in snito of tha nh.
jeetion of Mr. Thaddeus Stevens, that ho was
from a forciirn State at war with the Unltad
States, and therefore an alien enemy, was
nominated for Vlco President By those
nominations that policy was sustained by tho
The election camo on. That policy, and
the Administration that proclaimed IL and
the convention which endorsed it, wcro sus
tained by tho people of the United States.
Next to the great work of (rushing the
military power of the rebellion, tiila policy of
reconstruction Was Bearer to Mr. Lincoln,
anu moro cncrisoed y him, than ahy other.
No sooner had tha burden of his soul born
lifted, no sooner had he seen Uio surrender of
the great army or tho rebellion, than in tho
fulness nnd gladness of his soul ho mado
haste to giro to the people his views upon
the next great theme, reconstruction. I have
Just read them In vour hearing,
' nn . . . . . I "
ine senator I rom Massachusetts may do.
iiuunce mem as puerile and wanting in
statesmanship, But there thcy are, and
there thcy will remain forever, tho farewell
address of Abraham Lincoln to the peoplo
of th6 United States upon this Subject of re
construction! That Mr. Johnson, upon whom the office
of President fell, by tho death ot Mr. Lin
coln, shorld, substantially, pursuo the policy
begun by his predecessor, was, therefore, not
only natural, but, by the logic Of CUhls, al
most a necessity, flow could he do other
wise! Suddenly, In a moment, as in tho
twinkling of an eye, tho load is thrown from
Mr. Lincoln's shoulders upon him; his great
responsibility, and his duty, and why not bis
cherished policy! lie was surrounded by
tho satno ('abihet. Who would expect them
to advise any other policy!
That policy had been fully entered upon,
and In soino States tho work really done.
Mr. Johnson had himself long been engaged
in that work, in aiding Mr. Lincoln lo realize
it in Tennessee. Besides, Ih'o convention at
Baltimore had sustained it The great Union
partV, which reelected Mr. Lincoln as Pres
ident, and mado Mr. Johnson Vice President,
had endorsed it and sustained it triumphantly
at the election.
Mr. Johnson could not abandon it without
reversing the policy of Mr. Lincoln's admin
istration. That policy was advised by every
member of his Cabinet, including, a) I havo
stated, among other names, the very distin
guished names of Mr. Seward, Mr. Stanton,
and Mr. Welles, still members of tho Cabi
net, and of Mr. Chase, the Chief Justice, who.
Just from tho bcdshle of tho dyingVrcsidcnt,
aumimsicrca to mr. jonnsontoe oaiu oi nis
high office. How could ho recall that last
speech and look lipon the dead body of his
predecessor; how could ho look in tho faces
of thu Chief Justice, as ho swore him into
office, und of thoso men in tho Cabinet, all
of whom had approved every part and parcel
of that policy, aud upon whom alone ho could
then rely for counsel and support in tho most
trying and difficult crisis through which any
man was ever called to pass; how, I repeat,
could he look upon all those surroundings,
and then deliberately abandon tho cherished
policy of Mr. Lincoln's administration, tram-
Cie upon uio aurico oi tne old members oi
is Cabinet, as well as of tho Chief Justice
himself: abandon his well-known convictions
of duty; falsify his own record and betray the
great Union party which nominated and
elected bun, in the contingency which had
nappencu, to do mo ircsiucnt oi toe united
States! Had he done so the whole country
would have cried out against him, and with
reason. In and out of Congress men
might then have denounced him for betray
ing tho public confidence, and especially for
betraying the party which elected him. Ills
Cabinet would have remonstrated against it
Tho last great speech of Mr. I Jncoln, liko a
voico from His grave, "an angel trumpet
tongued," would havo plead against it. And
moro than all: tho President would, in mv
judgment, have been what Mr. Johnson was
never known to no, laiso to Ills own convic
tions or duty.
I put aside, therefore, as not worthy of con!
sidcration, tho suggestions somctimoB mado
that Mr. Johnson, by adhering to this policy
of reconstruction, is ready to betray tho
union causo or tne great measures oi mo
Having thus stated tho question, and shown
the grounds occupied by Mr. Lincoln, and
mat air. uonnsoii is suusiuiuiuuy pursuing
his policy, I return to tho main question, and
will state, as briefly as I can, the grounds
upon which I stand, and givo my support to
what I call tho Lincoln-Johnson policy of re
construction. Where aro those cloven States, and whatis
their situation !
And first, whore aro they !
In this Union, under the Constitution, or
not! That thcy once were in tills Union all
concede. If thev havo gono out from this
Union it must havo been by one or moro of
tlirco ways :
First, by the way of peaceful secession, by
voting and resolving themselves out; or.
Second, by successful revolutlon,-4ry fight
ing their way out, to ascparato independence;
Third, thcy have been put out by act of
Thcro is not, and nover has been, any other
way or ways conceived or btatcd than ono or
moro of these three.
Strong men of tho South havo maintained
that tho first wav was ulwavs onen to them.
Thcy asserted tho right of peaceful secession.
It was always met, However, ll was over
powered by tho logio of Mr. Webster in this
body, and resisted by the iron-will of Andrew
Jackson during his administration.
It lias often been reasserted in this body
sinco 1 became a member, and as often mot
and refuted. In their folly and madness,
from the decision here, and before the people,
tho South appealed to arms, to discuss tho
samo question on tho field of battlo. They
tried tho second way, namely, by way of re
volution, to cut their wav out with tho Bword.
That for n time they made fearful progress
in that direction no one denies. Butdidthey
succeed! No man, North or South, dare
No, sir; no.
Thanks to that Almighty Being who rules
the universe, tho great generals wero found
at last capable of organizing and wielding our
immense forces. Grant and Sherman and
Thomas and Sheridan, and the great officers
nml liiihViliiIanltliilieiarisikia rintnm ivwl raaetlinil
UW WtlllHUVHMuM IHVII VVIllltiUllUj W uauvu ,
the tcbcllloh, wrenched tlie iword from the
hand of revolution, and then, in the last tri-
nunai known to mankind, in an anneil tn ih
.God Of brittle, by the idlima ratio rtaum.
ueciucu,, aum m sucn a way as to icavo no
donni in any sano mind, North or South,
that no State can go out or thla Union by the
way of peaceful secession, nor by the way of
successful revolution. They heithcr have the
right htjf the power to do so.
It remains (o consider the only other way,
the third way, which, for brevity, I will call,
with no disrespect to my honorable friend
from Massachusetts, tu Soxxir wav rort
Statfs to oo oui or tux Umo.v, namely, by
act of Congress.
At the funeral ceremonies here, nnon tlm
death of Judge Collamcr, ho took occasion to
announce his theory of disunion, awarding,
in great measure, honor, If honor it be, to tho
ueccasea, oi separating the rebel States from
I quote bis wofds I
"Tho treat ut of ttjH. ISol, which geva to
the War for the suppression of tha rebellion its flrlt
cougresilonal sanction, and Invested the President
with new poweri, was drawn by bim. It wal be
u, , iu motion toe great nan, not yet lilted, by
which tho rttbel Stale! were ihot out from the com
munlon of the Union. Thll Ii a landmark In our
history, and It might properly lo known by the
name of III author, ai Collamir itatute.' "
Upon such funeral occasions it belongs to
cacn senator to judge lor himself what he
shall lay. It is a matter of taste. But one
thing seems to mo certain; whatever may be
said at a funeral, it is no proper time lo make
a reply, and thus bring on debate. I, there
fore, remained silent I yield to no man id
a proiounu regard lor the memory and char
acter of that really great and good man,
Judgo Collamcr, and I intend now to do
what my heart prompted me to do then, but
which a Benso or the proprieties of the occa
sion compelled me to forego,namely, to defend
tho statuto which he drew, and the Congress
which ehaclcd it, the President who approted
it as well as himself, from this charge, that
this law has opened a way, or that he, or Con
gress, or the President intended to open a
way by which any State could go out, or bo
thrust out, from this Union of States under
Sir, Congress, under the Constitution, has
power to admit new States into this Union.
Congress has no power to expel old States,
or to open a way for them to go out; and no
man knew better than Judgo Collamcr that
Congress had no such power. Ho could not
have intended to draw such an act without
violating his oath to support tho Constitu
tion. However lightly some may speak of
the obligations of that oath, he was not one
of those. He was a radical in the high and
noblo sense of tho term, because ho was radi
cally right, radically firm, and radically true
to his convictions toward God and toward
On brio occasion ho said :
"I do not know how other member! of the Senate
look upon the obligation of their oath to lupport
tho Constitution of tbo United State!. To me It is
an oath registered In heaven as well as upon earth,
ana mere ll no nioenlly met, la my estimation,
will justify mo In the breach of it. I think those
men who are now risking their live! upon tbo high
place! of tbo field to lupport the Cooilltutioa are
not to be treated In this Hall by us with the con
cession that we are ready, If tba necessity calls for
It. to break It. All that our rebel enemies are en
gaged In Is tbo overthrow of the Constitution, and
all that wo are contending for Is Its maintenance
Now, I will not say that tho Senator from
Massachusetts in tho form of seeming praise
intended to do any injustice to his name; it
wasrathcr to I) r in pi if possible, that great
namo to tho support of This favorite theory.
But the effect of what ho said would, inmv
judgment, if accepted, be the greatest possi
ble dishonor; that while Judge Collamer
knew that the Constittttlon gave no right to
the States to secede, and gay,e to Congress
no power to expel them or to open a way for
iui-ui iu wuuuruw iruiu uio union, ue, in vio
lation of his oath to support tho Constitu
tion, drew this act of July 13, 1801, for the
purpose of shutting eleven great States and
their ten million people out from this Union
under the Constitution. And now, sir, let
us look into that statute. It Is the fifth sec
tion, If any, which clothes Uio President with
this power to expel States from tho Union.
How any such power can be found in the
language of that section is to ine beyond
comprehension. Tho idea which inspired
the pen that drew it, so fur from being that
those States were outside the Union or ought
to ho placed outside this Union, was directly
the opposite, namely, that the peoplo of those
States wcro in tho Union, owing allegiance
to the Constitution because thev were in the
Union; that thcy wcro struggling to cast off
mat allegiance uy going ouwromtno union,
and that a new war power should bo placed
by Congress in tho hands of the President
for the very purpose of forcing them to re
main In tho Union and resume their alle
giance to it, and for no other purpose. That
statuto was not drawn to shut those States
out, but to shut them in tho Union; to close
every avenue by which supplies could reach
them, until tho President, turning against
them tho sword by which they undertook to
cut their way out of the Union, should crush
all armed resistance and compel the iiihahl
tauU to come under the flag und acknowl
edge onco more their allegiance to tho Union.
What is its language! After certain recitals
"Then and in such cm it may and shall be law.
ful for tho President by proclamation to declare that
the inhabitants of such State or States, or any sec
tion or part thereof where luoh insurrection exists,
are In a stato of Insurrection against the United
States, and thereupon, all commercial intercourse
by and letween tha samo and the oitlsem thereof
and thl cltlsini of iKe rtit of the United Statu shall
oease and be unlawful, to loug at lueK nnJnion o
Aoimtiy tnatt ronsinus,"
with a proviso allowing the President in his
discretion to license such intercourse as he
might think most conducive to tho public in
terest, under rules and regulations of the
Secretary of tho Treasury.
Wo notice first of all, the authority here
given is not to deiluro certain States out of
the Union, but to declare their Inhabitants
in a stato of insurrection. Pray, what is an
Insurrection but an uprising in arms of peo
ple against tneir own uoverumeni, an ciiort
to cast off allegiance they owe to It ! It is
clear, therefore, that if they wero not iu tins
Union, they could not make an Insurrection
against it. Could the people of Not it Scotia
or Mexico mako an insurrection against the
United Statts! Because they were in tills
Union Is tho very ground and tho only giouud
upon which they could bo in insurrection at
Again, sir, that statute which gave to tho
President a new war power, by Its very terms
was to ecaso with tho war necessity. It was
a power to Btop commercial intercourse, in
order to prevent our own citizens from feed
ing, clothing, and arming the rebellion, which
our armies went to put down. Whin 'hat
work was done, the necessity for non-inter
course was gono j and, by the very terms of
tne act, an power unuer it was to ccuso wu:i
the cessation of hostility,
Mr. Sumner. My friend will allow me Just
Tho Presiding Officer, (Mr. Hendricks In
the chair,) Does the Senator from Wiscon
sin yield the floor to the Senator from Mas
Mr. Doolittle. With all my courtesy to my
uunorauio menu, a prcier to go on wun my
remarks without Interruption.
Mr. Sumner. I should like to remind the
Mr. Doolittle. Willi ail coilrtcsy to my
honorable friend I must decline to givo way,
becauso I desiro not to have the argument
which I am making broken in upon.
Tho Presiding Officer. Tho Senator from
Wisconsin is entitled to the floor, and cannot
bo interrupted without his consent
Mr. Sumner. I only want to say that my
language was " shut out from the communion
of tho Union," not, "from the Union;" they
could not bo shut ont from that
The Presiding Officer. The Senator from
Wisconsin is entitled to the floor, and will
Mr. tlnnlittlp. lint, air T An nnt rn,r hnvn
Ihat statute was passed on tho 13th of July,
1861, Just about one week before the battle
of Bull Ilun. Wo shall never forget that
dayl Our army, though successful in the
morning, became panic-stricken in the after-
noon, and came bacK upon Washington In
disorder, utterly demoralized; and members
of Congress, too, who went out exulting with
"On to Rkhmond," upon their lips, to sec a
great victory, to witness "the races" of the'
rebels, came fleeing home themselves from
tho field of disaster.
As soon after that battle as the members
of Congress could conveniently assemble, in
that hour of deep humiliation to us ail, a res
olution passed both Houses of Congress, by
an almost unanimous vote, declaring our
purpose in the prosecution of this war, and
especially the determination of Congress in
relation to the tlalut and rights of the
Sou, hern States. In that hour of defeat,
when humbled before the nations and before
tho Supremo Hulcr of tho world, Congress,
almost unanimously in both Houses, de
clared "That this war Ii not prMecnted npon our part
In any spirit of oppression, nor for any purpose of
oooqoest or subjugation, nor purpose of overthrow
ing or Interfering with the rights or established in
stitutions of those States, but to defend and main
tain tbo lopremacy of the Constitution and all
laws made in pursuance thereof, and to preserve
the Union with all the dignity, oquellty and rights
of the several States unimpaired, that as soon ai
thus object! are accomplished the war ought to
This, bear in mind, was after the passage
of the Collamcr statute, and within two
weeks after. It is the later, the moro sol
emn, und the more explicit declaration of
the intention of Congress in carrj ing on the
The Senator from Massachusetts says that
statute intended to put eleven States out of
this Union. Certainly tho statuto says no
such tiling. Ho must infer it. HorestBiipou
inference only, while uiis resolution, twelve
days afterward, In express terms declares tho
intention ol congress to Keep mem in tne
Union, "to preserve tho Union with ail the
dignity, ccjtlallty and rights of tho scvcrul
btatei unnnpuircd." By ihesd Words, and
no.ie can bo stronger, Congress in exjiress
terms excludes the probability of that infer
ence. It docs more: it rejects pis wiioie inc
ory of disunion. We expelled Bright, of In
diana, for writing a letter to JefTerson l)ais,
styling him "President of tho Confederate
States," thus, while a Senator, acknowledg
in tho confederacy and sympathizing with
Hie secessionists in arms.
Had the Senator from Massachusetts, on
tho 26th of July, 1861, wheu wo passed that
resolution to which I havo referred, as to the
(ius of the southern States and the pur
pose of Congress in prosecuting tho war to
nut down the insurrection, risen in his place
here and declared that the Union was dis
solved; that Congress, by tho Collamer stat
ute, had nut eleven of tho States out of the
Union ; that tho war was to bo prosecuted
for the purpose of conquering, holding, and
goterning those eleven States and ten mil
lion people, for an indefinite period of time,
not as States under the.Constitution, but as
conquered proiinccs, and without represen
tation; to bo governed by tho unlimited
power of Congress, or by tho sword, as Ter
ritories, I do not soy that any action would
have been taken against him personally, for
his rights as a Senator would have been his
protection ; and, moro than that, tho sincer
ity of his motives and his unquestioned pa
triotism would havo shielded him ; but I do
Bay that if he had then avowed that doctrine,
and been made amenable for the guilt of his
theory, he would hate been expelled from
tho Senate us u seicssionist, at least a dis
unlonist ; for certainly such a theory, an
nounced then, would have git en aid and
comfort to tho rebellion at home, and moral
power to Its friends abroad.
It will be remembered that resolution was
offered in thu Scnato by Mr. Johnson, the
present President of the United States, who
was then, and lor a long time afterward re
mained, a Senator from tho State of Ten
nessee, and that, too, long after I ho Collamer
statuto, according to tho Senator's theory,
had placed Tenncssco outside the Union.
What I Tennessee represented in tho Union
und at the same time outside the Union I
Dead and yet nine 1
Hut some may say that resolution passed
Congress too soon after the battle of Bull
Run to bo taken us couelusivo upon this
I will refer to other acts of Congress If
possible still stronger.
The Constitution says :
" Representatives and direct taxes shall be ap
portioned among the reteral Slates which may be
Included wilnln this Union aocordlng to their re
Under that authority, Congress, after tho
imssago of tho Collamer statute, did both
apportioned both direct taxes and ltcprrscnt
atites among the scverul States, unhiding
tho southern as well as the northern und west
ern States of tho Union. 1 read from the
eighth section of tho act of August, 1801 :
"AmlUtt fttrthrr ttiaelnl. That a direct tax of
s ZU.Uuu.ouo be, and is tieiauy, anuunuy laid upon
the United States, and the same ehall be, and is
hereby, apportioned to the States respectively, and
In manner lollowlog
lolb.bLU r M.lii (1JV20 00
TotheSlileof Nw lUmp.blr US, MJMJ;
Totr, Stele iif Vermoel 2ll,ossoo
To 11 e blew Mu..eol)U,,lt 6U.BSI SJU
To the Stale .,f l.bode litsnd 110,013 M
To tbe Stele of Gouoeclteut soMU 00
Tthe Bute ol Aew York 3,00.1 018 6t.t
To the State of M,w Jersey IW 1SI on
Totlie ute of r'nojrlvante 1,918.719 H3
Ttt tha btata of DUwtra. .
TotliatitRte uf Maryland...
.... 4 M, Ml H.IU
.... o7rt 101 MK
3tf3, 670 tlt&j
. AM.SUT 3-iVfi
.... 6.,313 33U;
.... 4.J.IK. IWK
IU, ft&tf OAK
,. 1 W7,ObO S.iU
CUV). 41d 00
TottiaS at of Virginia,.
TotliaStatoof North Carolina.
To tba ttiata ot Bonlb Carolina. .
To ttt Stato of Gaork-U
To tha Stat of Alabama
To tha Plata of MlaaUxIppl
To tha Stata of LonltUna.. ,
Totb Stato or Ohio
To tba Stale of Kontuchy .,..
To tbf Mat of TeuaatBHsja
To lb Slat of Indiana
To tha Rial of Mlaiourl
Toth bitte of Kaniai.. ......
. rM,S74 3.11
To the Bute of Mlchljraa
To tbe State of Tlxas,
SM. IAS eej
to llo sutler Iowa.,,,
To the Bute of WIsmbsIb..,.,
To la State of CalUornle
To the Bute of SflnecoU..,,,
To the 8UU Ore ea .,
1U 888 sew
is, iso eesf
Sir, tho question I put In the beginning,
where aro those eleven States ! is answered
here by Congress; I find them all " Included
within this Union." to uso the laniruaire of
lho Constitution, for the purpose of direct
tB.utiuus ;. jf villi vi IjUVOW CaUVUU lire
found there and aro taxed by namo as States
within tho Union. Virginia as well as New
York; Arkansas by the side of Michigan:
Morida, and Texas by tho side or Ion a and
Wisconsin. Direct taxes and representation
lias uonirrcRR BDokon unon tha subject or
representation t Most certainly.
By an act approved the 4th of March, 18C2,
which by Its terms was not to take effect till
March 4, 1663. 0 on cress apportioned the Ite-
presentatlrca upon the basis that those eleven
oomncrn oiaics wero sun states in tne u nion,
with their rfirlit to representation unimpaired.
Uy that act, modifying former acts. Congress
apportioned Representatives to the scleral
States in this Union as follows :
ToAtibuDsi 6 T Mliiiflpp. A
To JLrkiQi., s ToMlMri 9
To Connect I eat ..
10 ua.ii.raii 3 TO fllTldl
To Not? HatDDfeblrt..
To Palawar I,,
Til I.Anlalansi .
. 1 To ltew Jrt
, 1 To It York
7 To ffvrlh Carolina),.,
, 13 To Ohio
i 11 T Otefon
i S TO l'DDDIjlTaJaliV....
. 1 To nbodaliUid ....
. 0 To South Carolina...,
0 To Tonaaaart
, S ToT4a
a To VarmoDl
. 10 To Vlrflala
, To Waal Vrglala....
it io tr neon! . ,
That law is still in force. Under thut law
tho present House of Representatives was
chosen under that law the present Houso is
organized; under that law those eleven
States of the South hare just as mnch right
to representation as the other twenty-five.
Whether those States are in a condition to
choose Representatives, and whether thcy
have chosen right Representatives, are ques
tions I mil discuss hereafter. I now sneak
only of their right to have representation
unncr the existing law of Congress.
inus. uv mo action oi uonoress m appor
tioning direct taxes and representation
those to fundamentals In republican gov
ernment tho itatus of those ele en States
as States Included within this Union is de
clared and acted nnon.
I Once more, by the act of the 7th of June,
1812, amended as late as February, 18C3,
Congress, in the ninth section, provided that
the tax commissioners In insurrectionary dis
tricts, after bidding in for the United States
land sold for unpaid taxes, should, in the
name of the United States, enter upon and
uko possession oi tne same, ana lease tne
samo "until the Baid rebellion and insurrec
tion in said State shall bo put down, and the
civil authority of the United States estab
lished, anu until tne people ot said male
shall elect a Legislature and State officers,
who suuu take an oath to support the Con
stitution of the United States, to bo an
nounced by the proclamation of the Presi
dent." And tho twelfth section provides
"That tb ftrorfsda of tba laid Itai and talaa
ahall ba paid Into tha Treaaurj of tba United Status,
ooa fourth of wbloh limit ba paid orar to tha Qor
arnor of said Stale," when aaoh In
arraetlon ihall ba pat down, aod tha peopla ihall
clact a Legiiltatur and Stata offlearn who shall take
an oath to aurDort tba uomtitntioa or in united
Statei, and lueh fact ahall b proclaimed bj tha
Traiidcnt, tor tba purpose of reimuaniog in iotsi
cttlieni of said flat, or (or such other purpose aa
aid Btata mar direct."
Con cress hero declares in these sections.
not that the Stutes are outside the Union, not
that thcy have lost their rights in the Union,
but recoinmintr the insurrection in these
States, declares fonr things:
I. Tha Intention of UODtrreis to rut down tne in
surrectlon and re-establish the civil author!. in
2 When tba lniarreotlon Is pat down tbe paople
of tbcie Statei hare tba right to elect their legis
lature, Uovernor, ana State offican.
3. When the Deocle elaCt them. anJ thay lake
their oath to lupport thaCmitltutlofl of lh United
Statei, the President Ii, by law, required to Issue
hli proclamation to that effect. And
4 Alter ina liiu oi iuon proclamation, m ro
re tar of tha Treasury Is required to pay over cer
tain money i to tba Gotirboh of tha btate, to be
dtipoied of as tbe Statb hat diiiict.
That law Is In force now: Is still the su
preme law of tho land. Its language demon
strates with complete certainty a certainty
w hie i excludes an uouui mat, in tne tuue-
ment of Congress, thoso eleven States are
U til I States in this Union under tho Consti
Having shown those States to bo In the
Union under tho Constitution. 1 now inquire,
what is their true situation! What nghls
have they, and what duties devoho on them?
To answer tucse important questions let us
inquire what constitutes a Statu?
"A State, In the meaning of publlo law, Is a coin
plete or lelf lufllclent body of perioni united to
gether In on community for the defence of their
rights. It hai affairs and Interoiti, it deliberate!,
and become i amoral perion, baring understanding
and will, and ii susceptible ot obligations and
All the great v,ritcrs on public law agree
"In a more limited seme the word State some
times ezprowei merely the poiltiro or actual or
ganisation of th trglilatlre, exaouilve, or Judicial
poweri, thus tbe actual Government ii designated
sometimes by the name of Stale "
This distinction between what constitutes
a State in the meaning of public luw, and
lho word Statu as Buinutimes ifed to desig
nate thu form of its go eminent, Is jitdt as
clear as the distinction between a nun and
tho garment ho wears. In the Pec I a rut ion of
Independence this. great distinction between
the State, tho body political, whuh consti
tutes the Stato, und the form of its govern
ment, between "the people" whose right it is
lo niter or to abolish" their "form of gov
ernment," und "11181111110 u new got vruiueiit,"
"organizing its powers in sut,h form us to
them shnll teein iuott likely tu eilect their
sulety und happiness," and their framo of
gOMTiiiuuit is moat clearly recognized. Tho
Htute, the people, the body politic, "institute.
tiJtor or abolish their form of government."
lH't-potism sometimes treats the body-politic,
the btute. lho people, as if the people weru
mailu for tho gu eminent, aud confounds tho
State with its ruling organization. Not so
under luo Ucilaralion ol Independence, un-
dir our republican system, ifere the form
of government Is but on ugency to serve the
State. legislatures, judges, und executive,
oiucers aro servants ana not masters, l re
peut, under tho old despotism tho form of
government was organized to put uu power
m i ho munurcn, wuo sometimes ciaimeu iu
be the State itself. It was Louis XIV who
said, 'TEtat, e'est moi I am tho State.
lint the peoplo of France, tub Statu, decapi
tated this despotic ussumption in tho per Son
of one of his successors. James I asserted
the samo absolutism, und the people of Kn$
land, thk Statl', did tho same thing when it
I T " "" of iriusis
I Ta It,, It.!..! Ml.kl...
brought Charles I to the block. It prored
tO bo ft YerV Sad mtatnVA fn fhn.A rrftwn.fi
heads thtw to Ipionj this distinction bttwech
Ihe BUte and IU accidents, bettrecn tbo
body politic Itself and a men form bf goT
enunent, when they, In their absolutism, as
sumed themselrc, to be the Btate. -This
distinction, as it seems to me, It lome
times lost stent of anions us. and ia tha occa
sion of differences of views on the subject of
reconstruction, i may De paraoneo, mere
fore. If I dwell still lonircr on this imnortAnt
I have shown that In view of public law
nothing can be more clear than that a Stata
docs not consist of tho form of Its govern
ment. That is one of Its accidents. That
may bo democratic, aristocratic, or theo
cratic; it may bo military; It may be repub
lican, despotic, or monarchical. It may
havo any one of these forms, or a mixed one,
ind yet it is a State. It may change itgov
eminent every year, as a tree casts olf Its
foliage. Tho State no moro consists of Its
form of government than a man consists of
tne garment with which ho is clothed. Jie
may chango that every day, he may be
stripped of any garment whatever; but still
the man remains: and for a State to change
its form, or, for the time being, to be stripped
of all form of government, no moro destroys
its existence than is a man destroyed whon
ho takes off ono coat to put on another, or
is stripped entirely of his garments.
Sot is a State destroyed by the declara
tion of martial law in it, nor by war, unless
conquered by a foreign Power, or dismem
bered by revolution, and made Into two or
moro States. To be invaded does not de
stroy it, If It evpel the invader. To be torn
hv civil war, "and even drenched tn fraternal
blood," docs not destroy it cither, unless tho
final Issuo of arms shall be against it
laKomocase ot Mexico: once a part or
the Spanish empire; then a republic; then an
empire; again a republic; and then a military
dictatorship; once more a republic; in dan
ger now of being usurped by an Austrian
monarch, under the protectorate of Napo
leon. But, under all theso different forms of gov
ernment, despotic, republican, military or
imperial, it Is the same State. Times with-
out number it has been in civil war, in revo
lution, almost in anarchy. Its existence as
a State, ho ever, still remains; and its right,
.is a State, among the nations, and especially
to choose Its own rulers and form of govern
ment, remain unimpaired.
I-ct us now Inauire what constitute, a State
in this Union, under tho Constitution ? I an
swer, the same things which constitute a Stato
not in this Union, except so far as its rights,
Cowers, and sovereignty aro limited by tho
institution of the United States. Under
that, the United States has entire and abso
lute sovereignty over all external affairs;
over all relations with foreign Powers. The
United States has also paramount and abso
lute sovereignty over all internal affairs com
mitted to it by the Constitution. The Bute
nos a umucu sovereignty over ita aomesua
affairs and interests. I say limited sover
eignty, because an amendment to the Consti
tution of the United Btatcs, which three
lourths of all tho States can adopt at any
time, will still further abridge tho rights and
poncrs reserved to the States, and thus give
additional powers to the United States. Sub
ject to these limitations, however, States in
tins union navo all tho essential attributes,
rights, andpowers of .States not in this Union.
Imc or the limitations upon those rights u
that it shall have no power to organize any
Stato government not republican in form,
while 11 may auopt any lorm ol republican
government And the same distinction be
tween a State and its government is clearly
recognized in tho clause of the Constitution
which provides that " the United States shall
guaranty to c ery Stato in this Union a re
publican form of government" VTo see by
this language a "State in this Union" Is one
thing ; the form of its government another
and different tliinsr. Kecotmlzinc the rhrht of
u State, under the law of nations, to put on
or put off its form of government, it was
thought essential to the mora perfect union
uf these States under the Constitution to re
strict this power of tho Stato over its form of
go emment so far as to deny its right to pnt
nn any oilier luun u svpuunuiu uue. aqu,
therefore, nhen conspiracy and rebellion at
tempts it, or when usurpation succeeds In
doing so, in any State In this Union, the Uni
ted States not only has the right, but is bound
to intervene against such usurpation, and re
store to the State a republican form of State
Anu now, wnat are tue lacis r iwo raaicai
ideas in the cotton States radically false.
lioi c cr namely, that the States had a right
to secede, und that slavery was a blessing,
huil been so long advocated by the states
men, press, schools, and clermr of those
.States, that a largo portion of their people,
noin men anu women, came iu ueuuvu iu
them. Theso ideas became a part of their
political and religious faith. That alone ex
plains tho desperato valor and obstinacy dis
playcd by them In this struggle.
1 hose ideas, like a contagion, pervaded
the cotton States, and took deep root in the
States of North Carolina, Virginia, Tennes
see, Arkansas, Missouri and Kentucky not
to tho samo extent, howcu'r. From con lo
tion, by persuation, through sympathy, or
ffur. or force, inanv of the people not a ma
jority, however of the (lulf states followed
1110 it'uu ui lueir tmi'i luiioimihhi., uuu ,
ilungeil ley them heaiiloug lino reDciuon.
lost of tho person exercising the functions
uf Stato go eminent tho functionaries
from choice, force or interest, Joined it also,
und thereby tho State governments, as or
ganized, were dominated by the rebellion and
made to do its work. It was a usurpation.
In that work thcy went further, and en
leavorcd to establish u confederation of
States, as un independent power among tho
nations of the earth. As all theso proceed
ings eru in violation or the I'oiutiiuuon,
und legally null and void, tho United States
wns bound to treat tlieui as siuh, and main
tain tho supremacy of tho Constitution.
The rebellion appealed to the sword. Had
the rebellion been successful, it would hole
become a rco!ntion, uud whether right or
wrong, the separation of thosoSUtcsand tho
overthrow of the Constitution ui those States
would hao become nn nicowplisbed fact.
Hut tho rebellion wusnot successful. To at
tempt nnd to succeed is ono thing; to attempt
and Vail is another. In the ono caso it Is a
suppressed Insurrection; in tho other a sue
ceisfiil resolution, m which a new Power Is
born Into tho family of nations. Liko tho
bonds for lho eonfedcrato debt, puyable only
ufter the United States shall recognize its In
dependence, tho confederacy itself can have
no existence until its independence is secured.
The whole question turns on success or fail
ure, victory or defeat.
Hut hero arises onolher and entirely differ
ent question! what effect did tho rebellion
aud our overcoming it have upon the func
ICoDoluJsil on Fourth Page.)
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