CONGRESS, U. S. 



311 



I concur entirely in the wisdom of Ms propo- 

 sition. I think it would be a most unfortu- 

 nate thing for this country, and of course most 

 unwise, for this House, by its action upon an. 

 incidental matter, to settle the condition of the 

 State of Arkansas, or of any other State. I 

 have examined this matter as much as I was 

 able, from the commencement of the contest 

 till now, and I have the settled conviction that 

 the State of Arkansas and the other ten coop- 

 erating States in this rebellion have no legal or 

 constitutional existence as States of this Union." 

 The motion to lay on the table was lost, and 

 the credentials were referred to the Committee 

 on Elections. 



In the Senate, on June 13th, a joint resolu- 

 tion for the recognition of the free-State Gov- 

 ernment of Arkansas was considered. A mo- 

 tion was made to refer the resolution and the 

 credentials of Messrs. Fishback and Baxter to 

 the Judiciary Committee. 



Mr. Sumner, of Massachusetts, took the floor 

 and said : " William M. Fishback, a citizen of 

 Arkansas, appears before the Senate of the 

 United States, and claims membership therein. 

 He asserts that he has been duly chosen to fill 

 the unexpired term of Senator Sebastian, who 

 was expelled in 1861 for complicity with the 

 rebellion ; and he produces a certificate purport- 

 ing to be signed by the Governor of Arkansas 



" Shall this claimant be admitted to a seat in 

 the Senate? Such is the immediate question. 

 But I have said that there are other questions, 

 of the most far-reaching character, which must 

 be considered now and here ; for they all enter 

 into the present case. If we now admit the 

 present claimant, we must also now admit that 

 other claimant who has presented himself with 

 like credentials, as a colleague. The question 

 is not, therefore, shall Arkansas have one vote 

 in this Senate? but, shall it have two? 



" But if Arkansas is now to be fully repre- 

 sented in this Senate, does it not follow that it 

 is to be represented with equal fulness in the 

 House of Representatives? If represented in 

 that Chamber, such representation must be 

 under the existing apportionment act, which 

 assigns to Arkansas two Representatives, who 

 are to be chosen by districts, without reference 

 to the number of votes polled in either. 



" One privilege will draw after it another. 

 To him that hath shall be given. If Arkansas 

 is admitted to an immediate representation 

 in the national Government, this rebel State, 

 which has overthrown the Constitution within 

 its borders, and assumed the front of war,- can 

 participate in the approaching election of Pres- 

 ident and Vice-President, by organizing an 

 electoral college ; and in case the election of 

 either of those great officers should devolve 

 upon Congress, it can give a vote affecting the 

 result as weighty as that given by Massa- 

 chusetts, New York, or Illinois ; for in such 

 case, the vote in the Senate is per capita, and 

 in the House it is by States. 



" Therefore, sir, I repeat, the decision jf tho 

 question now before us rules all the questions 

 which can arise upon the representation of 

 Arkansas in the Congress of the United States, 

 and also the other question of the participation 

 of Arkansas in the election of President and 

 Vice-President for the term of four years next 

 ensuing. The importance of such a subject 

 cannot be exaggerated. / 



" There are, Mr. President, five distinct 

 reasons, obvious to the most superficial ob- 

 server, against the recognition of any repre- 

 sentation at this time from Arkansas: first, 

 because the representation is founded on a 

 minority; secondly, because any such repre- 

 sentation, unjust in itself, is especially unjust 

 toward the loyal States ; thirdly, because the 

 military occupation of Arkansas and its ex- 

 posed condition, are inconsistent with civil 

 government; fourthly, because the present 

 organization of Arkansas is without that legality 

 of origin which is required by American insti- 

 tutions; and, fifthly, because it is absurd to 

 admit a State to representation which is still, 

 by solemn proclamation, shut out from com- 

 mercial intercourse with the loyal States. 



" True it is, that the President put forward a 

 plan for reorganizing loyal State governments 

 in the rebel territory, and he proffered a guar- 

 anty to these communities against domestic 

 violence and rebel invasion ; but he neither 

 proposed nor promised any representation in 

 Congress or in the electoral college. Nor 

 would such a proposition or promise by him 

 have possessed the slightest validity ; because, 

 by the Constitution, ' each House is to be tho 

 judge of the elections, returns, and qualifica- 

 tions of its own members.' This provision is 

 inconsistent with any prerogative of the Presi- 

 dent over this question, even if this prerogative 

 were not controlled by that other provision 

 which reserves to Congress the power to admit 

 ' new States into this Union.' 



"Besides, the power of the President to in- 

 stitute this Government, is only as Commander- 

 in-Chief of the Army. It is therefore military 

 in its character. But what proceeds from this 

 power is, from the nature of the case, provis- 

 ional or temporary, until it has received the 

 sanction of Congress. To a certain extent, and 

 from the necessity of the hour, military govern- 

 ments may be constituted by the President; 

 but permanent civil governments with " 



Mr. Collamer : " To last beyond the war." 



Mr. Sumner : " As the Senator from Ver- 

 mont happily suggests, to last beyond the war, 

 witli a right of representation in Congress and 

 in the electoral college, cannot be constituted 

 by the President. Such a power would be 

 open to infinite abuse, and, in the hands of an 

 ambitious President, might be employed for 

 selfish purposes. The national safety, in har 

 mony with republican principles, requires that 

 it should be exercised by Congress, which must 

 take the lead in calling the new government 

 into being. 



