CONGRESS, UNITED STATES. 



i* the people of aald State did, on the '.' 

 1866, by a large popular vol.-, adopt and rat'lfv ft con- 



kUtU'.lon of pivi-rilliielil v. : 



all urdlnaiM-i s nu<! : ; 



unil.-r the ui 



jroverninent hn.i I 1 constitution, 



be :ii!iendnieiit to the OonatitutJon of the 

 >luvcry; also the amendment pro- 

 posed by the Thirty-ninth Conjrrcss. and baa done other acts 

 . : Then-Ion-. 



.'/<! of Rtpretenta- 



' tfi L'nittd * ffTMt assembled. That the 



State of TrnneMcc i to her former proper, 



. and Is again i-ntii], .1 d, i.u 

 rerireM .;,<rs and Kij'ri-.-iniaihc'i in Congress." 



The preamble simply consists of statements, some 

 of which are assumed, while the resolution is merely 

 a declaration of opinion. It comprises no legislation, 

 nor does it confer any power which is binding upon 

 ^pectivo Houses, the Executive, or the State's. 

 It does not admit to their seats in Congress the Sen- 

 ators and Representatives from the State of Tennes- 

 see; for, notwithstanding the passage of the resolu- 

 tion, each House, in the exercise of the constitutional 

 right to judge for itself of the elections, returns, and 

 qualifications of its members, may, at its discretion, 

 admit them or continue to exclude them. If a joint 

 resolution of this kind were necessary and binding as 

 a condition-precedent to the admission of members 

 of Congress, it would happen, in the event of a veto 

 by the Executive, that Senators and Representatives 

 could only be admitted to the halls of legislation by 

 a two-thirds vote of each of the two Houses. 



Among other reasons recited in the preamble for 

 the declarations contained in the resolution, is the 

 ratification, by the State government of Tennessee, 

 "of " the amendment to the Constitution of the United 

 States abolishing slavery, and also the amendment 

 proposed by the Thirty-ninth Congress." If, as is 

 also declared in the preamble, "said State govern- 

 ment can only l<e restored to its former political rela- 

 tions in the Union by the consent of the law-making 

 power of the United States," it would really seem to 

 follow that the joint resolution which at this late day 

 has received the sanction of Congress, should have 

 been passed, approved, and placed on the statute- 

 books before any amendment to the Constitution was 

 submitted to the Legislature of Tennessee for ratifi- 

 cation. Otherwise the inference is plainly dcducible 

 that while,- in the opinion of Congress, the people of 

 a State may be too strongly disloyal to be entitled to 

 representation, they may nevertheless, during the 

 suspension of their " former proper, practical rela- 

 tions to the Union," have an equally potent voice 

 with other and loyal States in propositions to amend 

 the Constitution, upon which so essentially depend 

 the stability, prosperity, and very existence of the 

 nation. 



A brief reference to my annual message of the 4th 

 of December last will snow the steps taken by the 

 Executive for the restoration to their constitutional 

 relations to the Union of th'e States that had been 

 affected by the rebellion. Upon the cessation of 

 active hostilities, provisional governors were ap- 

 pointed, conventions called, governors elected by 

 the people, Legislatures assembled, and Senators 

 and Representatives chosen to the Congress of the 

 United States. At the same time the courts of the 

 United States were reopened, the blockade removed, 

 the custom-houses reestablished, and postal opera- 

 tions resumed. The amendment to the Constitution 

 abolishing slavery forever within the limits of the 

 country was also submitted to the States, and they 

 were thus invited to and did participate in its ratifi- 

 cation, thus exercising the highest ('unction 

 taining to a State In addition, noarlv all of tin -e 

 States, through their conventions and Legislatures, 

 had adopted and ratified constitutions "of govern- 

 ment whereby slavery was abolished and all ordi- 

 nances and laws of secession and debts and contracts 

 under the same were declared void." So far, then, 

 the political existence of the States and their rela- 

 VOL. vi. 15 A 



tl Government had been fully and 

 coin|ilt ! -i\ recognized and acknowledged by the ex- 



nd the com- 



rk of restoration, which bad pro- 

 gressed so favorably, waa submitted to Congress, 

 ii| .1,11 which devolved all questions pertaining 

 admission to their seats of the Senators auu Repre- 

 sentatives chosen from the States whose people Lad 

 engaged in the rebellion. 

 All these steps had been taken, when, on the 4th 



having 



been proposed by Congress for the measures insti 

 toted pj the Executive, it is now declared, in tho 



joint resolution submitted for my approval, "that 

 the State of Tennessee ia hereby restored to her 

 former proper, practical relations to the Union, 

 and is again entitled to be represented by Senators 

 and Representatives in Congress." Thus, after the 

 lapse of nearly eight months, Congress proposes to 

 pave the way to the admission to representation of 

 one of the eleven States whose people arrayed them- 

 selves in rebellion against the constitutional author- 

 ity of the Federal Government. 



Earnestly desiring to remove every cause of further 

 delay, whether real or imaginary, on the part of Con- 

 gress to the admission to seats of loyal Senators and 

 Representatives from the State of Tennessee, I have, 

 notwithstanding the anomalous character of this pro- 

 ceeding, affixed my signature to the resolution. My 

 approval, however, is not to be construed as an ac- 

 knowledgment of the right of Congress to pass lairs 

 preliminary to the admission of duly qualified repre- 

 sentatives from any of the States. Neither is it to 

 be considered as committing me to all the statements 

 made in the preamble, some of which are, in my 

 opinion, without foundation in fact, especially the 

 assertion that the State of Tennessee has ratified the 

 amendment to the Constitution of the United States 

 proposefl by the Thirty -ninth Congress. No official 

 notice of such ratification has been received by the 

 Executive or filed in the Department of State; on 

 the contrary, unofficial information from most re- 

 liable sources induces the belief that the amendment 

 has not yet been constitufionallv sanctioned by the 

 Legislature of Tennessee. The right of each House, 

 under the Constitution, to judge of the elections, 

 returns, and qualifications of its own members ia 

 undoubted, and my approval or disapproval of the 

 resolution could not in the slightest degree increase 

 or diminish the authority in this respect conferred 

 upon the two branches of Congress. 



In conclusion, I cannot too earnestly repeat my 

 recommendation for the admission of Tennessee, and 

 all other States, to a fair and equal participation in 

 national legislation when they present themselves 

 in the persons of loyal Senators and Representatives, 

 who can comply with all the requirements of the 

 Constitution and the laws. By this means harmony 

 and reconciliation will be effected, the practical rela- 

 tions of all the States to the Federal Government re- 

 established, and the work of restoration, inaugurated 

 upon the termination of the war, successfully com- 

 pleted. ANDREW JOHNSON. 



WASIIINCIOJ,, D. C., July 24, 18C& 



The credentials of the Representatives from 

 Tennessee were then withdrawn from the Re- 

 construction Committee by the House and re- 

 ll-nvtl. to the Committee on Elections, who 

 reported the same to be in conformity to law, 

 and the gentlemen were sworn in. 



In the Senate, on March 22d, ilr. Trnmbull, 

 of Illinois, from the Committee on the Judi- 

 ciary, made a report on the protest of several 



