History of the Thirty-Ninth Congress of the United States

- Cause - The Res

d Nays - Proposed

the Senate - Mr.

Mr. Fessenden -

umbull - Mr. Guthr

enate - Yeas and Na

ndments of the Sen

The Committe

en on the subject. It was anticipated that the question would be sprung at once, and that a season of storm and excitement would ensue, unparalleled in the political history of the nation. Since the American people are exceedingly fond of excitements and sensations, the expectation of trouble in Congress drew immense

ssion and amid the confusion of organization. As there was so much difference of opinion concerning the status of the communities recently in rebellion, and such a variety of considerations must be rega

on after the House was organized, Mr. Thaddeus S

States which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise; and until such report shall have been m

es to enable him to introduce the resolution. On this motion the yeas and nays were demanded. To suspend the rules under such circumstances required a two-thirds' vote, which was given-one hundred and twenty-nine voting for, and thirty-five against the motion. The rules having been suspended, the resolution was regularly before the House. A motion was then made to lay the resolution on the table, and the yeas and nays demanded. Thirty-seven were in favor of the motion, and one hundred and thirty-three against it. Before a call for the previous questi

the names of tho

ison, Ames, Anders

er, Beaman, Benjami

andegee, Bromwell,

ark, Sidney Clark,

rling, Davis, Dawe

elly, Driggs, Dumon

Ferry, Garfield,

ng, Hart, Hayes, Hen

otchkiss, Asahel

D. Hubbard, Demas

James Humphrey,

ley, Kelso, Ketchum

Lawrence, Willia

rston, Marvin, McCl

ler, Moorhead, Morr

eill, Orthe, Paine

oy, Price, William

John H. Rice, Rolli

ger, Smith, Spauldi

John L. Thomas, Tr

rn, Robert Van Horn

r, Wentworth, Whale

ndom, and

ng members

rgen, Boyer, Brook

Finck, Glossbrenner

n, James M. Humphre

Niblack, Nicholso

l, Ritter, Roger

e, Tabor, Taylor,

d, and

are reported a

hley, James M. Ashl

bell, Jones, Marshal

as, Voorhees, and W

ff altogether by the operation of previous question. This arrangement enabled skillful and resolute leaders to carry through this measure within an hour's time,

it was read in the Senate. Mr. Johnson, of Maryland, objecting to its being consid

he Senate. Mr. Anthony moved to amend the enacting clause so as to change it from a joint resolution t

amend the resolution by striking out all after the word "other

received into either house from any of the said so-called Confederate States; and all papers rela

l States, either by the recognition of their Senators or their Representatives. I think the country expects nothing less than this at our hands. I think that portion of the loyal people of the United States who have sacrificed so much of blood and treasure in the prosecution

thority of the United States, and have, during that period, been waging a bloody war against that authority. They are simply conquered communities, and we hold them, as we know well, as the world knows to-day, not by their own free will and consent as members of the Union, but solely by virtue of our military power, which is executed to that effe

n not consent to recognize them, even indirectly, as entitled to be represented in either house of Congress at this time. The time has not yet come, in my judgment, to do this. I think that, under present circumstances, it is due to the country that we should give th

lately in rebellion. I think that that object is eminently desirable, and not only that the two houses shall act in concert, but that Congress shall act in concert with the Executive; that all branches of the Government shall approach this great question in a spirit of comprehensive patrio

ress matters which the Constitution confides to each house separately. Each house is made, by

it necessary, for the orderly transaction of its business, to put limitations upon debate, hence the previous question and the hour rule; but the Senate has always resisted every proposition of this kind, and submitted to any inconvenience rathe

adopt, in a separate resolution, what is here stricken out; and, except so far as relates to the restriction upon debate, I shall, if this amendment be adopted and the resolution passed, offer a resolution substantial

eral relations with the several States, ought to be referred to the Committee on the Judiciary. Such has been the practice of this Government from the beginning. Great questions of constitutional law, questions concerning the rela

t and consideration to any other committee than the Committee on the Judiciary. To place their consideration in the hands of a committee which is beyond the control of the

nate, giving to the House portion of the committee a majority of three. We all know that in joint committees the members vote, not as the representatives of the two houses, but per capita. The vote of a member of the committee from the House weighs precisely the same as the vote of a member of the committ

tself upon the elections, returns, and qualifications of its members. It judges, it admits, it punishes, it expels. It can not share that responsibility with any other department of the Government. It can no more share it with the other house than it can share it with the Supreme Court or with the President. It is a matter over which its jurisdiction is exclusive of every other jurisdiction.

like a lamb to the slaughter, bound hand and foot, shorn of its constitutional power, and gagged, dumb; like the sheep brought to the block! Is this the condition to which the Senato

federate States,' is a provision which, by law, excludes those eleven States from their representation in the Union. Sir, pass that resolution as it stands, and let it receive the signature of the President, and you have accomplished wh

een disorganized, that they are still States in this Union is the most sacred truth and the dearest truth to every American heart, and it will be maintained by the American people against all opposition, come from what quarter it may. Sir, the flag that now floats on the top of this Capitol bears thirty-six stars. Every star represents a State in this Union. I ask the Senator from Michigan, does that flag, as it floats

not to destroy them. The guarantee of the Constitution is a guarantee to the States, and to every one of the States, and the obligation that rests upon us is to guarantee to South Carolina a republican form of government as a State in this Union, and not as a Territory. No State nor the

im, with all the officers appointed under them: the post-masters under the Post-office Department, the treasury agents under the Treasury Department, and almost two hundred thousand men under the control of the War Department, in every part of this 'disaffected' region, who can bring to the President information from every quarter of all the transactions that

nderful. I am one of those who look forward with hope, for I believe God reigns and rules in the affairs of mankind. I look beyond the excitement of the hour and all the outbreaking passion which sometimes shows itself in the South, which leads them to make enactments in their Legislatures which are disgraceful to themselves, and can never

ke that subject into consideration, was not only wise in itself, but an imperative duty resting upon the representatives of the people in the two branches of Congress. For myself, I was not prepared to act upon that question at once. I am not one of those who pin their faith upon any body, however eminent in position, or conceive themselves obliged, on a question of great national importance, to follow out any body's opinions simply because he is in a position to make those opinions, perhaps, somewhat more imperative than any other citizen of the republic. Talk about the Administration! Sir, we are a part of the Administrati

country. Sir, I trust there are no such things as exclusive friends of the President among us, or gentlemen who desire to be so considered. I have as much respect for the President of the United States probably as any man. I acted with him long, and I might express the favorable opinions which I entertain of him here, if they would not be out of place an

is against my judgment; and I do not say that it is or is not. That is a question to be considered. I have a great respect, not for myself, perhaps, but for the position which I hold as a Senator of the United States; and no measure of Government, no policy of the President, or of the head of a department, shall pass me while I am a

tee for certain purposes of our own when we judge it to be necessary. It is an imputation upon nobody; it is an insult to nobody; it is not any thing which any sensible man could ever find fault with, or be disposed to d

n of eleven States in this body. What determines the rights of those States to representation here? Is it the views of the members of the House of Representatives? Do we stand in need of any light, however br

ghts, dignity, and equality of the several States unimpaired. While that war was being waged there was no action, either of this house or of the House of Representatives, declaring that, when it was over, the existence of those States should be ignored, or their right to representation

d, which says if they be States that they shall each be entitled to two Senators on this floor? And shall a report of a joint committee of the two houses override and overrule the fundamental la

will not consider the question of credentials from these States, but in effect it amounts to that. The question is to be referred to the committee, and according to usage, and it would seem to be the very purpose of reference that the body shall not consider the subject while the question is before them. I could not vote for a res

they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise. It is true, as the Senator says, that after having raised this committee, the Senate will not be likely to take action in regard to the admission of the Senators from any of these States until the committee shall have h

ng as a Legislature there was avowedly acting against this Government, neither he nor I would have received Representatives from it. That was a usurpation which, by force of arms, we have put down. Now the question arises, Has a State government since been inaugurated there entitled to representation? Is not that a fair subject of inquiry? Ought we not to be satisfied upon that point? We do not make such an inquiry in reference to members that come from States which have never undertaken to deny their allegiance to the Government of the United

ates; that there have been found enough individuals loyal to the country to accept the offices; the fact that the President has issued his proclamation to all these States, appointing Provisional Governors; that they have all elected conventions; that the conventions have rescinded the ordinances of secession; that most of them have amended their constitutions and abolished slavery, and the Legislatures of some of them have passed the amendment to the Constitution on the subject of slavery-if they a

not do it after the war is over. The people in those States lie at the mercy of the nation. I see no usurpation in what he has done, and if the work is well done, I, for one, am ready to accept it. Are we to send out a commission to see what the men whom he has appointed have done? It is said that they are not to be relied on; that they have been guilty of treason, and we will not trust them. I hope that no such ideas will prevail here. I think this will be a cold shock to the warm feelings of the nation for restoration, for equal privileges and equal rights. Th

for I really believe that a great many of those who took up arms honestly and wished to carry out the doctrines of secession, and who have suc

ution except the procrastination that will result from it,

ate, thirty-three voting in the affirmative and eleven in the negati

own, Chandler, Clar

ster, Grimes, Harri

Kansas, Morgan, Mo

msey, Sherman, Spra

e, Wade, Willey, Wi

te

ators voted again

Cowan, Dixon, Do

Riddle, Saulsbury, S

bsent: Messrs. Cragi

ll, and

differ with us as to the main object, the mode of getting at it with them was essential, and they very properly put the resolution in the shape they considered right. They have changed the form of the resolution so as not to require the assent of the President; and they have also considered that each house should determine for itself as to the reference o

ndments of the Senate, so the resol

rs of the House, and six members of the Senate, who shall inquire into the condition of the States which formed the so-called Confederate States of America,

d Confederate States of America, shall be referred to the joint committee of fifteen without debate, and no members shal

ecember the Speaker an

f the House. They were:

Morrill, Henry Grider,

utwell, Henry T. Blow,

December the following

ittee on the part of t

rimes, Ira Harris, Ja

nd George

he late insurgents of the South, who expected little leniency at its hands; opposed by politicians at the North, who viewed it as an obstacle in the way of their designs, and even misrepresented by the President himself, wh

ion of Congress, and were proceeding, by the slow but steady