COXGRESS, IT. S. 



313 



tlie subdivisions, the constitution, and the gen- 

 eral code of laws, as before the rebellion, be 

 maintained.' Thus the President does not in- 

 sist that even the name and boundary of a State 

 shall be preserved. He contents himself with 

 suggesting that it will not be 'improper' to 

 preserve them 'in constructing a loyal State 

 government.' Of course this suggestion of 

 what is not improper implies necessarily that 

 iu his opinion these great changes were within 

 the discretion of the revived community. 



" I have called especial attention to the lan- 

 guage of the President, because it constantly 

 assumes, in a succession of phrases, that the 

 rebel States are in an abnormal condition, from 

 which they are to be recovered or revived ; 

 and since such restoration or revival can be 

 consummated only by the action of Congress, it 

 is reasonable to infer that such was his expecta- 

 tion. At all events, the proclamation, by its 

 repeated assumptions with regard to the rebel 

 States, testifies to the necessity of congressional 

 action. 



" "We have already seen that Andrew John- 

 son had declared the State of Tennessee ' va- 

 cated' by all local government which we were 

 bound to respect ; and Arkansas was in a sim- 

 ilar situation. But this language obviously 

 harmonizes with that of the President. 



"Such are some of the arguments for the 

 power of Congress over this question. Others 

 might be adduced ; but I have said enough. 

 The necessity of the case reason the author- 

 ity of the Supreme Court the Constitution 

 and the President's proclamation, each and all 

 tend to the same conclusion, even withont re- 

 sorting to those war powers which are all 

 within the reach of Congress. But if we glance 

 at the latter we shall find the power of Con- 

 gress declared beyond question. There is 

 nothing which the President may do as Com- 

 mander-in-Chief which Congress may not di- 

 rect and govern, according to the authoritative 

 words of Chancellor Kent : 



Though the Constitution rests the executive power 

 in the President, and declares him Commander-in- 

 Chief of the Army and Navv of the United S 

 these powers must necessarily be subordinate to the 

 legislative power in Congress!" Kent's Commenta- 

 ries, volume 1, 292, note'5. 



"And these powers, vast as they may be 

 when called into activity by the exigency of 

 war or rebellion, become as constitutional as if 

 specified precisely in a written text. 



' Of course when within the confines of a 

 State the rebellion is triumphantly subdued, 

 and the great body of the people testifies an 

 unmistakable loyalty ; when local elections can 

 be held according to the ordinary municipal 

 forms ; when the laws and not arms prevail ; and 

 when a government, republican in fact as in 

 name, making slavery forever impossible, has 

 been permanently established, then will Con- 

 gress, by proper legislative action, rejoice to 

 welcome the newly-constituted State to its 

 equal share in the national Government. But 



such welcome must aot.be precipitated. It 

 can be offered only after a most careful in- 

 quiry into the actual condition of things and 

 the assured conviction that the rebel State has 

 been newly constituted in fact, as in name. 

 And this caution is needed not only for the 

 good of the Union but for the good of the 

 newly-constituted State, which must be saved 

 from premature responsibilities beyond the 

 measure of its present powers. 



" Sir, it is much to be a State in full fellow- 

 ship and equality with other States represented 

 in this Chamber and in the other Chamber, with 

 a voice in the election of President and Yice- 

 President, and with a star on the national flag. 

 To be admitted into these prerogatives and 

 privileges a State must be 'above suspicion,' 

 and it must be able to use well all the great 

 powers which belong to a State. But if a State 

 is not yet ' above suspicion,' and if it is not 

 strong enough to stand alone, even against do- 

 mestic disturbers, it cannot expect immediate 

 recognition. It must wait yet a little longer 

 until, restored at last in character and in 

 strength, it can do all the duties of a State, and 

 with master hand grasp that Ulyssean bow 

 which pretenders strive in vain to bend." 



Mr. Johnson, of Maryland, replied : " Has the 

 honorable member refreshed his recollection 

 with the debates which resulted out of the ad- 

 mission of Missouri ? Has he consulted the de- 

 bates which from time to time since have 

 occurred in either branch of Congress ? If he 

 has, he will find that however upon the first 

 occasion doubts were entertained whether it 

 was in the power of Congress to annex any such 

 condition to a State as a condition upon which 

 it is to be admitted, it was soon after conceded 

 that it was not in the power of Congress to 

 annex any such condition to the admission of a 

 . because such condition would produce 

 inequality as between the States. He reads 

 every thing that comes out that is worth read- 

 ing, and he will pardon me for saying he some- 

 times reads what is not worth reading; and I 

 am sure the honorable member must have read 

 the speech that electrified this body, charmed 

 an immense audience, placed his name high 

 upon the roll of orators, made him for the time 

 the observed of all observers, the speech that 

 Pinckney delivered on that question in this 

 Chamber. It is very imperfectly reported, but 

 the argument is there, and the argument was 

 so overwhelming that although the opposite 

 view was taken by a man of eminent ability, 

 and pure and spotless character, and burning 

 patriotism (Rufus King was his opponent, and 

 spoke in advance), he yielded to its masterly 

 power, and stood, if I may be permitted to use 

 what I have heard from those who wece spec- 

 tators of the debate, crest-fallen. And from 

 that day to this (I speak what I know, Mr. 

 President, for it has happened to be my duty 

 particularly to examine this question profes- 

 sionally), with rare exceptions every jurist in 

 either branch of Congress who has spoken on 



