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CONGRESS, UNITED STATES. 



of the two Houses, given the one to the other, 

 that until the report of this important commit- 

 tee shall have been presented, we will not re- 

 admit any of the rehel States either by the rec- 

 ognition of their Senators or of their Represent- 

 atives. I think, sir, the country expects noth- 

 ing less than this at our hands. I think that 

 portion cf the loyal people of the United States 

 who have sacrificed so much of blood and treas- 

 ure in the prosecution of the war, and who 

 secured to us the signal victory which we have 

 achieved over the rebellion, have a right to at 

 least this assurance at our hands, that neither 

 House of Congress will recognize as States any 

 one of the rebel States until the event to which 

 I have alluded. 



" Sir, what is the present position and status 

 of the rebel States ? In my judgment they are 

 simply conquered communities, subjugated by 

 the arms of the United States communities in 

 which the right of self-government does not 

 now exist. Why? Because they have been 

 for the last four years hostile, to the most sur- 

 prising unanimity hostile, to the authority of 

 the United States, and have during that period 

 been waging a bloody war against that author- 

 ity. 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 superior military power, 

 which is exerted to that effect throughout the 

 length and breadth of the rebel States. There 

 is in those States no rightful authority, accord- 

 ing to my view, at this time but that of the 

 United States, and every political act, every 

 governmental act exercised within their limits, 

 must necessarily be exercised and performed 

 under the sanction and by the will of the con- 

 queror. 



" In short, sir, they are not to-day loyal 

 States ; their population are not willing to-day, 

 if we are rightly informed, to perform peacea- 

 bly, quietly, and efficiently the duties which per- 

 tain to the population of a State in the Union 

 and of the Union ; and for one, I cannot con- 

 sent to recognize them, even indirectly, as en- 

 titled to be represented in either House of 

 Congress at this time. The time has not yet 

 come, in my judgment, to do this, and I object 

 to the amendment for the reason that it leaves 

 the implication and the implication will be 

 drawn and clearly understood by the public 

 that one or the other House of Congress may, 

 whenever it sees fit, readmit Senators or Rep- 

 resentatives from a rebel State as it sees fit, 

 without the concurrence of the other House, and 

 I hold it to be utterly incompetent for the Sen- 

 ate, under the present condition of things, and 

 for the House of Representatives, under the 

 same condition, to admit Senators or Represent- 

 atives into Congress without the consent of 

 both Houses and the formal recognition of the 

 fact that hostilities have ceased and that loyal- 

 ty is restored in the rebel States." 



Mr. Anthony, of Rhode Island, followed in 



explanation : " Supposing that this amendment 

 might not provoke any debate, I forbore to 

 state the purpose with which I offered it. The 

 Senator from Michigan in his remarks has not 

 touched the reasons why I proposed the amend- 

 ment. It is from no opposition to what I un- 

 derstand to be the purpose of the words strick- 

 en out. That purpose I understand to be that 

 both Houses shall act in concert in any meas- 

 ures which they may take for the reconstruc- 

 tion of the States lately in rebellion. I think 

 that that object is eminently desirable ; and 

 not only that the two Houses shall act in con- 

 cert, 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 patriotism, with 

 confidence in each other, with a conciliatory 

 temper toward each other, and that each 

 branch of the Government and all persons iu 

 each branch of the Government will be ready, 

 if necessary, to concede something of their own 

 views in order to meet the views of those who 

 are equally charged with the responsibility of 

 public affairs. 



"Mr. President, the words proposed to be 

 stricken out refer to the joint committee of the 

 two Houses of Congress, matters which the 

 Constitution confides to each House separately. 

 Each House is made by the Constitution the 

 judge of the elections, returns, and qualifica- 

 tions of its own members. Under this resolu- 

 tion, I apprehend, it would be necessary to re- 

 fer to this joint committee the credentials of 

 persons claiming seats in this body, referring 

 them not only to a committee composed in part 

 of others than members of this body, but com- 

 posed of a majority of others than members of 

 this body. I know it may be argued that this 

 contemplates the reference only of the question 

 whether a State has a right to be represented, 

 not the question whether a person claiming to 

 represent it has a right to represent it, and per- 

 haps that construction might obtain ; but at 

 least the resolution, as it reads, is open to a 

 doubtful construction, and that the Senate 

 should avoid. 



" There is one other reason why I move this 

 amendment, and that is that the resolution pro- 

 vides that papers shall be referred to this com- 

 mittee without debate. This is contrary to the 

 practice of the Senate. The House of Repre- 

 sentatives has found it necessary, for the order- 

 ly transaction of its business, to put limitations 

 upon debate, hence the previous question and 

 the hour rule; but the Senate has always re 

 sisted every proposition of this kind, and has 

 submitted to any inconvenience rather than 

 check free discussion." 



Mr. Doolittle, of Wisconsin, objecting to the 

 resolution, said: "In my own judgment, sir, all 

 of these great questions, concerning reconstruc- 

 tion, pacification, and restoration of civil gov- 

 ernment in the Southern States, representation 

 in this body, or any thing which concerns our 

 Federal relations with the several States, ought 



