222 



CONGRESS, UNITED STATES. 



to continue such administration until the law- 

 making power could establish civil govern- 

 ments and codes of law for the people. It 

 proposes to enable Grant to do throughout that 

 confederacy, whose army he crushed, what 

 Scott did in conquered Mexico and what Butler 

 and Banks did in that part of Louisiana in 

 which, by the aid of the navy, our army estab- 

 lished itself. They protected life and property 

 and maintained peace while awaiting the 

 action of that branch of the Government which 

 had the right to make terms with the con- 

 quered or to frame laws for their government. 



" That is what this bill proposes to do. It 

 abrogates the results of Executive usurpation 

 by ignoring the existence of the illegal and 

 anomalous governments established by the 

 Commander-in-chief of our armies and navy. 

 In the establishment of these "so-called" or 

 "pretended" States he usurped a greater 

 power than any that is proposed to be ordained 

 by this bill. Who made the ' so-called ' gov- 

 ernment of North Carolina? Andrew Johnson. 

 By what power ? By virtue of the fact that he 

 was Commander-in-chief of the armies and 

 navy of the nation. And by virtue of that 

 same power, enforced by the persuasive influ- 

 ence of the pardoning power, he arrogates to 

 himself and exercises the right to supervise, 

 control, and govern those governments. He told 

 their conventions what they must and what they 

 might not do, and those ' so-called ' sovereign 

 bodies obeyed his commands. Through the offi- 

 cers of the army he suspends or enforces the en- 

 actments of their so-called Legislatures as pleases 

 his whim, so that their laws depend upon his 

 temper or the state of his digestion. There are 

 no States there, and to speak of these organiza- 

 tions as such is an abuse of language. There 

 are pretended States, ' so-called ' States 

 States whose nominal Legislatures and Execu- 

 tives are not at liberty to deny that they are 

 subservient to the will and orders of the acting 

 President of the United States. They are not 

 such republican governments as Congress can 

 recognize. They are known to Congress and 

 to the people to be the offspring of executive 

 usurpation, and instruments of power in the 

 hands of a usurper, and must be declared void 

 and set aside." 



Mr. Elaine, of Maine, moved that the bill be 

 referred to the Committee on the Judiciary, with 

 instructions to report back the following : 



SEC. . And le it further enacted, TL*t when the 

 constitutional amendment proposed as article four- 

 teen by the Thirty-ninth Congress shall have become 

 a part "of the Constitution of the United States ; and 

 when any one of the late so-called Confederate States 

 shall have given its assent to the same and con- 

 formed its constitution and laws thereto in all re- 

 spects ; and when it shall have provided by its consti- 

 tution that the elective franchise shall be enjoyed by 

 all male citizens of the United States, twenty-one 

 years old and upward, without regard to race, color, 

 or previous condition of servitude, except such as 

 may be disfranchised for participating in the late 

 rebellion or for felony at common law; and when 

 said constitution shall have been submitted to the 



voters of said State as thus defined, for ratification 

 or rejection ; and when the constitution, if ratified 

 by the vote of the people of said State, shall have 

 been submitted to Congress for examination and 

 approval, said State shall, if its constitution be 

 approved by Congress, be declared entitled to repre- 

 sentation in Congress, and Senators and Representa- 

 tives shall be admitted therefrom on their taking the 

 oath prescribed by law, and then and thereafter the 

 preceding sections of this bill shall be inoperative in 

 said State. 



This motion was disagreed to yeas 69, nays 

 94. 



A motion to refer to the Committee on Re- 

 construction was lost yeas 38, nays 121. The 

 original bill, with some verbal amendments, was 

 then passed by the following vote : 



YEAS Messrs. Allison, Anderson, Avncll, Delos K. 

 Ashley, James M. Ashley, Barker, Baxter, Beaman, 

 Benjamin, Bidwell, Bingham, Elaine, Boutwell, 

 Bromwell, Broomall, Buckland, Bundy, Reader W. 

 Clarke, Sidney Clarke, Cobb, Cook, Cullom, Darling, 

 Davves, Delano, Deming, Dixon, Donnelly, Driggs, 

 Dumont, Eckley, Eggleston, Eliot, Farnsworth, Far- 

 quhar, Ferry, Garfield, Grinnell, Abner C. Harding, 

 Hayes, Henderson, Higby, Hill, Holmes, Hooper, 

 Chester D. Hubbard, John H. Hubbard, James R. 

 Hubbell, Hulburd, Ingersoll, Kelley, Ketcham, 

 Koontz, Laflin, George V. Lawrence, William Law- 

 rence, Longyear, Lynch, Marston, Marvin, May. 

 nard, McClurg, McKee r McRuer, Mercur, Miller, 

 Moorhead, Morrill, Morris, Moulton, Myers, Newell, 

 O'Neill, Orth, Paine, Patterson, Perham, Pike, 

 Plants, Price, Alexander H. Rice, John H. Rice, 

 Rollins, Sawyer, Schenck, Scofield, Shellabarger, 

 Sloan, Spalding, Starr, Stevens, Stokes, Thayer, 

 Trowbridge, Upson, Van Aernam, Burt Van Horn, 

 Robert T. Van Horn, Hamilton Ward, Warner, Wil- 

 liam D. Washburn, Welker, Wentworth, Whaley, 

 Williams, James F. Wilson, Stephen F. Wilson, 

 Windom, and Woodbridge 109. 



NATS Messrs. Ancona, Baker, Banks, Bergen, 

 Boyer, Campbell, Chanler, Cooper, Davis, Dawson, 

 Defrees, Denison, Dodge, Eldridge, Finck, Gloss- 

 brenner, Goodyear, Aaron Harding, Harris, Haw- 

 kins, Hise, Hogan, Edwin N. Hubbell, Humphrey, 

 Hunter, Kelso, Kerr, Kuykendall, Latham, Le 

 Blond, Leftwich, Loan, Marshall, Niblack, Nichol- 

 son, Noell, Radford, Samuel J. Randall, William H. 

 Randall, Raymond, Hitter, Rogers, Ross, Rousseau, 

 Shanklin, Sitgreaves, Stilwell, Strouse, Taber, Na- 

 thaniel G. Taylor, Nelson Taylor, Francis Thomas, 

 John L. Thomas, Thornton, and Andrew H. Ward 

 55. 



NOT VOTING Messrs. Alley, Ames, Baldwin, Blow, 

 Brandagee, Conkling, Culver, Griswold, Hale, Hart, 

 Hotchkiss, Asahel W. Hubbard, Demas Hubbard, 

 Jenckes, Jones, Julian, Kasson, McCullough, Mcln- 

 doe, Phelps, Pomeroy, Trimble, Elihu B. Washburue, 

 Henry D. Washburn, Winfield, and Wright 26. 



The bill was taken up in the Senate on Feb- 

 ruary 15th. Mr. Johnson, of Maryland, offered 

 the following amendment as an additional sec- 

 tion: 



And be it further enacted, That when the constitu- 

 tional amendment proposed as article fourteen by the 

 Thirty-ninth Congress shall have become a part of 

 the Constitution of the United States, and when any 

 one of the late so-called Confederate States shall have 

 given its assent to the same, and conformed its con- 

 stitution and laws thereto in all respects, and when 

 it shall have provided by its constitution that the 

 elective franchise shall be enjoyed by all male citizens 

 of the United States, twenty-one jjfirs old and up- 

 ward, without regard to race, color, or previous con- 

 dition of servitude, except such as may be disfran- 



