270 



CONGRESS, UNITED STATES. 



been advocated in certain other quarters that 

 those States, by Tirtue of their insurrection, 

 have ceased to 'exist as States, are no longer 

 States of the Union ; that they are not only oct 

 of the Union, but have ceased to be States 

 tall. 



" Xow, I understand the Senator from Michi- 

 gan to say that he regards them as States de 

 r'jfto out of the Union, and as States hostile to 

 the United States, as public enemies. There is 

 another provision of our Constitution that ought 

 not to be forgotten ; and that is. that when we 

 elect a President and Vice-President they must 

 both be residents of some State of the Union. We 

 have elected Mr. Lincoln from Illinois. Un- 

 doubtedly that is a State in the Union. We 

 have also elected Andrew Johnson from the 

 State of Tennessee as Vice-President of the 

 United States. Is he a public enemy ? Does 

 he live in a State of this Union, or does he live 

 in some subjugated territory ? 



u Sir, whatever fine-spun theories gentlemen 

 may give loose to in their imaginations. I tell 

 you that the doctrine that any one of these 

 States is out of the Union is the very doctrine 

 which we have been fighting against from the 

 beginning. The very ground on which we 

 stand is, that they are not out of the Union, 

 that they have no power to go ont of the Union ; 

 and it is to maintain that doctrine that we have 

 poured out our treasure and our blood like 

 water upon every battle-field. In my opinion 

 the doctrine I do not say that the Senator 

 contends for it, for I do not precisely understand 

 his position but the doctrine that says these 

 States are no longer States of the United States 

 is one huge, infernal, constitutional lie, that 

 would stamp all our conduct from the begin- 

 ning as murder, and cover us all over with 

 blood." , 



Mr. Simmer: "I understood the Senator a 

 few moments ago to say that tno Constitution 

 required that the President and Vice-President 

 should come from two different States." 



Mr. Doolittle : " Xot be residents of the same 

 State." 



Mr. Sumner : " I think the Senator has not 

 quoted it correctly. I have it before me. It is 

 as follows : 



The electors shall meet in their respective States, 

 and rote by ballot for President and Vice-President, 

 one of whom, at least, shall not be an inhabitant of 

 the same State with themselves. 



"AH that is required is that the candidate 

 shall be a citizen of the United States ; and I 

 presume nobody ever questioned that Andrew 

 Johnson was a great and loyal citizen of the 

 United States." 



Mr. Doolittle: "The Constitution also pro- 

 vides that 



Xo person, except a natural-born citizen, or a citi- 

 zen of the United States at the time of the adoption 

 of this Constitution, shall be eligible to the office of 

 President 



u And there is another provision in the Con- 



stitution requiring their residence in the States 

 of the Union." 



The question was taken on the motion of Mr. 

 Ten Eyck, to strike out "Louisiana" from the 

 title, and lost, as follows: 



YEAS Messrs. Cowan, Diion, Doolittle, Farwell, 

 Harlan, Harris, Howe, Lane of Indiana, Lane of Kan- 

 sas, Xesmith, Pomeroy, Ramsey, Ten Eyck, Tan 

 Winkle, and Wilier 15. 



NATS Messrs. Brown, Buckalew, Clark, Collamer, 

 Conness, Davis, Foster, Henderson, Hendricks, How- 

 ard, Johnson, Morgan, Morrill, Powell, Saulsbury, 

 Sherman, Spragne, Snmner, Trumbull, Wade, Wil- 

 kinson, andWngbt 2. 



ABSENT Messrs. Anthony, Carlile, Chandler, Foot, 

 Grimes, Hale, Harding, Hicks, McDougall, Xye, Rich- 

 ardson, Riddle, Stewart, and Wilson 14. 



A motion to strike out the preamble was lost, 

 yeas 12; nays 30. 



The motion of Mr. Collamer to strike out the 

 preamble and the whole of the resolution except 

 the resolving clause, and to insert the following, 

 was rejected, yeas 13, nays 27 : 



That the people of no State, the inhabitants whereof 

 have been declared in a state of insnrrection by virtue 

 of the fifth section of the act entitled "An act further 

 to provide for the collection of duties on imports, and 

 for other purposes," approved July 13, 1861, shall be 

 regarded as empowered to elect electors of President 

 and Vice-President' of the United States, until said 

 condition of insnrrection shall cease, and be so de- 

 clared by virtue of the law of the United States ; nor 

 shall any rote cast by any such electors elected by 

 the votes of the inhabitants of any such State, or the 

 Legislature thereof, be received or counted. 



Other amendments were made, and the joint 

 resolution was passed by the following vote : 



TEAS Messrs. Anthony, Brown, Buckalew, Chan- 

 dler, Clark, Collamer, Conness, Davis, Dixon, Far- 

 well, Foster, Grimes, Hale, Harlan, Henderson, Hen- 

 dricks, Howard, Johnson, Morgan, Morrill, Nye, 

 Powell, Ramsey, Sherman, Stewart, Sumner, Trum- 

 bull, Wade, and Wright 29. 



XATS Messrs. Cowan, Doolittle, Harris, Howe, 

 Lane of Kansas, Xesmith, Saulsbury, Ten Eyck, Van 

 Winkle, and Willey 10. 



ABSEXT Messrs." Carlile, Foot, Harding, Hicks, 

 Lane of Indiana, McDougall, Pomeroy, Richardson, 

 Riddle, Sprague, Wilkinson, and Wilson 1-2. 



It was as follows : 



JFJUrwu, the inhabitants and local authorities of 

 the States of Tirginia, Xorth Carolina, South Carolina, 

 Georgia, Florida, Alabama, Mississippi, Louisiana, 

 Texas, Arkansas, and Tennessee rebelled against the 

 Government of the United States, and were in such 

 condition on the 8th day of Xovember, 1864, that no 

 valid election for electors of President and T ice-Pres- 

 ident of the United States, according to the Consti- 

 tution and laws thereof, was held therein on said day : 

 therefore 



Be it rttolvtd by ihe Senate and Hovte of Rtnrttnt- 

 atitet of Uu Untted State of America in Congrem 

 OMernbftd, That the States mentioned in the preamble 

 to this joint resolution, are not entitled to represen- 

 tation in the Electoral College for the choice of Pres- 

 ident and Vice-President of the United States for the 

 term of office commencing on the 4th day of March, 

 1865; and no electoral votes shall be received or 

 counted from said States concerning the choice of 

 President and Tice-President for said term of office. 



In the House, on January 30th, Mr. Wilton, 

 of Iowa, from the Committee on the Judiciary, 



