CONGRESS, UNITED STATES. 



1 1; N tin- fi^nilication of the- expression 



:n the tiiM line of this preamble? What 

 iii.-aiiin- '. The language is: 



}\'her<-ai>, no li-gul State governments * * 

 now exist in the rebel Stair- "I" Virginia, North Caro- 

 lina, South Carolina, Ueorgia, Mississippi, Alabama, 

 la, Texas, and Arkansas. 



What is meant by the expression 'legal 

 governments.' in this preamble ? Does it 

 mean that then' is no ^ouTiimeiit, in existence 

 in any one of these Slates which lias a legal 

 chararter, which can, in point of law, take 

 jurisdiction, through its courts or through its 

 political authorities, of rights of person or prop- 

 erty, or of any other matter pertaining to the 

 jurisdiction of a government within a State ? " 



Mr. Sherman : ''The view I take of.it is the 

 same that was taken by the President and Sec- 

 ret ary of State when the proclamation of May, 

 1865, was issued, that the authorities of those 

 States were overthrown by the act of rebellion, 

 precisely like the case of the authority of a 

 government being overthrown by the occupa- 

 tion of its territory by a hostile power. That 

 does not disturb the courts, or the sheriff, or the 

 ordinary operations of the law. The Senator 

 from Indiana (Mr. Hendricks) stated properly 

 the law, that where we occupy a conquered 

 territory we occupy it subject to the local laws 

 for the administration of private justice between 

 man and man ; for the disposition of rights of 

 property, and for the punishment of crime. If 

 tliis bill passes, the law will be administered 

 there. But the legal State governments are 

 the governments represented here in Congress. 

 A legal State government is a government 

 which forms a part of the United States. I 

 agree with the President and Secretary of State 

 in the proclamation to which I have referred, 

 that that government there was overthrown ; 

 the rebellion overthrew all civil authority 

 there ; but the ordinary municipal regulations, 

 administered by their courts and sheriffs and 

 officers of justice, are not disturbed even by the 

 occupation of an armed force. If the govern- 

 ment of Great Britain should occupy the State 

 of Ohio by her military power, and exclude the 

 authority of the United States, that would not 

 necessarily disturb the administration of justice, 

 except so far as military law might be substi- 

 tuted for civil law. I think that is an answer 

 to the Senator's question." 



Mr. Buckalew : " Then I understand the 

 Senator in general terms to hold that these are 

 not State governments in the sense of the Con- 

 stitution as entitled to representation in the 

 Congress of the United States, holding that re- 

 lation to the Union which is held by the States 

 represented; but at the same time that they 

 are governments for municipal or local pur- 

 poses, if this government so chooses to treat 



them.' 1 



The Presiding Officer : " The question recurs 

 on the amendment of the Senator from Ohio, 

 as a substitute for the original bill after the 

 enacting clause." 



Mr. Hen, hicks: "I am not in favor of tie 

 original hill, nor of the substitute as an inde- 

 pendent riieaMirc; Knt defining the mibhtitnto 

 JOBS objectionable than the hill, I -hall vote for 

 it as an amendment." 



The amendment was agreed to by the fol- 

 lowing vote : 



YEAS Messrs. Anthony, Brown. Cattell, Chand- 

 ler, Conncss, Cragin, Creswell, Foge, Frcllnghuj- 

 -'ii, (Iritnes. Henderson, Hendricks, Howard. Howe, 

 Kirkwood, Lane, Morgan, Morrill, Patterson, Poland, 

 Pomeroy, Ramsey, ROBS, Sherman, Sicwart, Trum- 

 bull, Von Winkle, Wade, Willcy, Williams, Wilson, 

 and Yates 32. 



NATS Messrs. Buckalew, Davis, and Sauls- 

 bury 3. 



ABSENT Messrs. Cowan, Dixon, Doolittle, Ed- 

 munds, Fessenden, Foster, Fowler, Outline, Harris, 

 Johnson, McDougall, Nesmith, Norton, Nye, Riddle, 

 Sprague, and Sumner 17. 



The Presiding Officer : " There is an amend- 

 ment now pending in reference to the preamble. 

 The question is on the amendment of the Sen- 

 ator from Ohio, which is, to strike out the pre- 

 amble of the bill, and in lieu of it to insert tho 

 following:" 



Whereas, no legal State governments or adequate 



rotection for life orproperty now exists in the rebel 

 tates of Virginia, l^orth Carolina, South Carolina, 

 Georgia, Mississippi, Alabama, Louisiana, Florida, 

 Texas, and Arkansas ; and whereas it is necessary 

 that peace and good order should be enforced in said 

 States until loyal and republican State governments 

 can be legally established ; therefore 



The amendment to the preamble was agreed 

 to, and the bill reported to the Senate as 

 amended and agreed to. 



Mr. Doolittle, of "Wisconsin, offered the fol- 

 lowing as an additional section : 



That no sentence of death, under the provision of 

 this act, shall be carried into effect without the ap- 

 proval of the President. 



It was agreed to yeas 21, nays 16. 



The bill was passed by the following vote : 



YEAS Messrs. Anthony, Brown, Cattell, Chand- 

 ler ? Conness, Cragin, Creswell, Fogg, Frelinghuysen, 

 Grimes, Howard, Howe, Kirkwood, Lane, Morgan, 

 Morrill, Poland, Pomeroy, Ramsev, Ross, Sherman, 

 Stewart, Trumbull, Van Winkle, Wade, Willey, Wil- 

 liams, Wilson, and Yates 29. 



NATS Messrs. Buckalew, Cowan, Davis, Doolittle, 

 Hendricks, McDougall, Nesmith, Norton, Patterson, 

 and Saulsbury 10. 



ABSENT Messrs. Dixon, Edmunds, Fessenden, 

 Foster, Fowler, Guthrie, Harris, Henderson, John- 

 son, Nye, Riddle, Sprague, and Sumner 13. 



In the House, on February 18th, the bill, as 

 amended by the Senate, was considered. 



Mr. Stevens, of Pennsylvania, moved that the 

 amendments of the Senate bo non-concurred 

 in. 



The pending* question was npon concurring 

 in the amendments of the Senate. 



Mr. Boutwell, of Massachusetts, said: "I 

 ask the House to consider the position in which 

 wo are placed at the present time. I make a 

 reiirark which seems to be necessary, but not 

 for any party purpose. Yet I cannot roach tho 

 object I have in view without stating a fact of 



