Mr.HENDERSON. I am glad ofit. I can say that so far as my former slaves are concerned, they will need no bounty from the Freedmens Bureau. I have made some of them land owners. My means are not la e, but I have done something in the we of c arity or justice, whichever it may be. O some I have given homes, and, if] live much longer enjoying good health and my present vigor of constitution, I hope to be able to make them all land holders. That is not all. Within the lira ited sphere of my influence I have done some. thing toward purchasing churches and schoolhouses for the moral and intellectual culture, not only of the few formerly belonging to me but of the many belonging to others. [have said to them, “Go and educate yourselves; prepare to become citizens of this count, as you must inevitably be in the future.” I they become able to reimburse me, they will do so. If not, the loss is light. If this be sin, then have I sinned, and many slaveholders, however odious now, have smned likewise. For emancipation I have claimed no credit. If it be a great good, and I hope it is, others take the raise. But emancipation being an accomplished fact, we cannot overlook the condition of near 5 million people, nor lightly scoff at their claims for civil and political rights. I said. no more than this, and this aimple fact, I thought, might be recognized by al. I am, lad to know, for the sake of the honorable cantor himself, that he was not insensible to the importance of the question itself. I can assure imthat if my zeal be new, it is only because the circumstances themselves are new. At least, the zeal s.rings from no selfish aims of mine. If I consulted ambition alone, its ends might be better secured, perhaps, by bending the knee yet longer to a senseless prejudice. I have said to the people of my State, and now repeat, that when my present term expires I shall ask in the way of reelection, no indorsement of the past and no exression of confidence for the future. I mi (2 not obtain it, if I wanted it. Not desiring it, however, I can well afford to disregard all suggestions except those of duty. HI can see the Union restored in such manner as to assure the largest freedom to the people, if I can see the principle find practice application in our Constitution and laws, that you cannot tax a man without representation, that you have no right to put the burden of the law upon him wh0 has no voice in its passage, I shall be fully satisfied. I ask no honor beyond that of being instrumental in accompliship acts of justice in the discharge of duty. It is pleasant, to be sure, to be associated with ntlemen of such distinguished abilities, antfeof patriotism no less distinguished, but yet one run well prefer the quiet of an humble home to t lecares and re sponsibilities which too often bring to the most conscientious incumbent of public position more of denunciation than of applause, more of misguided hatred than of deserved honor. But, at least, if honor comes from public life, it is bitter fruit, unless the conscience approve the deeds which bear it; it is an empty ubble unless posterity has reason to feel indebted to its possessor. but if the Senate will excuse me for this digression I will return to the subject. My object is not to devise ways and menus to keep the revolted States away, but to find a safe bridge for their return. If they come back in the spirit of haughty defiance, with hands unwashed of their countrys blood, with no work of penitence to commend them, with hearts yet filled with hatred, and without conviction of the enormity of their crimes, things will be made worse by their return. I have said things are now bad enough. They should not be made worse. I am aware that some persons, many of them loyal and good men, as the immediate recognition of the new governments. It was to restore the Union, say they, that the war was waged. It was to bring these States back that the rich man gave his treasure, the poor man his mite, the wise man his thought, and the soldier his blood. Now, it is asked, why not restore it? Mr. President, if the simple recognition by Congress and the admission of members now at our doors would restore the Union, Congress would not hesitate a moment. If I could speak the word of reunion, it should be spoken, but no controversy between the President and congress will hel the matter. That controversy may come. It cannot now come through the fault of Congress. The President in his an nual message informed us what he had done in the premises, and then said: “Here it is for you, fellow citizens of the Senate and for you, fellow citizensof the HoRep.to judge. each of you. for yourselves of the elections.returns and qualificationsof your on members." If Congress, in the exercise of this admitted right, a right no better established because of the Presidents admission, believes that the organizations from which these members come as the presentatives are in disloyal hands and that to receive the members would complicate our difficulties, can the President complain, ought the President comlain. thatwe stop to inquire“ into facts I The resident has not told us that in his opinion the Legislature of a single reconstructe State is lo al. If he thinks so, why has he so often interfered with their legislationH Why is martial law continued in each one of them, when its existence depends on his will alone 1 Why did he say to the Georgia convention that Georgia should not pay a certain debt? Why to the NCarolina convention that the ordinance of secession must be declared null and void, and not simply repealed? and why I ask, if these States are loyal and entitled to the dignity of States, does the President almost dail set aside, by the orders of military men, holing place at his will and discretion, the solemn acts of their Legislatures? The President made it a condition that the reconstructed States should abolish slavery themselves, and adopt the constitutional amendment abolishing it for others. He thought he had the power, but, whether he had itor not, he assum and exer. cised it. But now that slavery is abolished; why are military officers throughout the South extending militarfy7 protection to the negroes. against the laws of the whites? They set aside. entire codes of laws, and yet hold their placed subject to executive approbation. My purpose is not to condemn the Executive. All he has done may be necessary. I mean only to say, if these things are necessary, his plan of reconstruction is a failure, and Congress 18not to be reproached for its short delay. If these organizations shall be recognized, is mar tial law yet to prevail? Are newspapers yetto be suppressed I Are negroes yet to be protected by the bayonet? Will these States still reject the fact of freedom and deny the freedman the right to holdand enjoy property? and if they so legislate, are judges and jurors and marshals who execute the State law, backed by State militia, to be arrested and tried before edera] soldiers, under martial law, foroifenses against national authority? Will the Presidenteontinue this work, and yet call theseorganizations independent and equal States of the American nion? Or does the President ask that congress shall recognize the reconstruction, that he may be relieve of this unpleasant but necessary duty? For surely, these violations of the republican principle, in the late seceded States, would not be tolerated by the President if the conviction of overpowering necessity did not force him to commit them. But if the President has been driven to these great things, which close the doors against the admission of his own theory, will not he or Congress haveto continue them evenafter admission 7 Congress on ht to be excused from this work. f these organizations are loyal why is not their legislation all on the side of loyalty? If their legislation is right, why does the President set it aside and have the military dail triumph over the civil power? If the organizations are disloyal, neither the President nor his friends should ask their recognition, much less should they denounce congress forits refu sal. For if disloyal, the President is certainly responsible for the fact. Congress is guiltless, for Congress has had nothing to do with it. The President acted without our advice. He might have acted worse if he had taken it. But whatever the responsibility, the honor, or shame of reconstruction, it is his. If disloyal organizations have resulted I acquit the President of all design to bring about such result. But if he sees that such is the fact, no pride of opiu ion or false sense of humiliation should stand in the way of its acknowledgment. It will require the wisdom of both the executive and legislative Depts of the Government to give us peace. Let us have that wisdom combined. Let the President reject the counsels of false friends, and let Congress loam to trust his integrity. I have expressed no distrust of the Presidents fidelity to principle. I express none be causeI feel none. He elt it his duty to give civil vernment at once to the revolted States. but was the natural desire of every good man. He attempted it, but has not yet removed martial law from a single State. I do not blame, him, for it is evident he cannot. He said his object was to “enable the loyal people of the State to restore the State to its constitutional relations to the Federal Government, and to present such a RFG as will entitle the State to the uarantee and protection of the U.S. Did he at the power in loyal hands, and if so, have they sresented such a form of government as he desired? If they have done so, military law should wither and die, and the civil power of those States is too sacred a thing to be touched by the rude hand of the soldier. The misfortune is, that. However sanguine the President in his hopes of securing a loyal basis, he failed. He ha snatched from the shoulder of the disloyalist the deadly musket, and vainly thought that acts of unmerited generosity in the moment of his defeat would melt his stub born heart to repentance. The pardon was so, sudden, and made so general, that its motive. seems to have been misapprehended. There“ may have been, there probably was, a temporary feeling of gratitude in the 1st moment of helpless confirsron, but it was soon thought to be more of a favor to the victor than to the vanquished. For a short time it may have been asked in suppliant spirit. It was soon de manded as a right. he musket, it is true, was one; but that which was even far more potent in their hands had been substituted. The mus ket had been seized to perpetuate slavery. The musket could not save it. The ballot had once done so. The ballot might yet save the substance and traditions o slavery, though the musket could not save its form. For all this I have said Congress is not responsible. The President selected his own classes for pardon and for exception. He put his own construction on the act of Congress, and assumed that pardon for treason gave back the ballot to the traitor. After issuin the amnesty proclamation he proceeded, as have said, to issue another on thesameda providing for the reo nization of NCarolina.which was followe by a proclamation of a similar character for each one of the seceded States, leaving out Louisiana, Tennessee and Arkansas, which had been reorganized under Mr. Lincoln. The 1st part of it declares it to be the duty of the U.S. to see that each State has a RFG, and then proceeds: "Now. therefore.in obedience to the high and solemn duties imposed upon meby the Constitution of the U.S and for the purpose of enabling the loyal people O said Stateto organize a State government whereby justico may be established domestic tranquillity insured and loyal citizens protected in all their rights of life liberty and property. I AndrewJohnson, POTUS, and Commander in Chief of the Armv and Navy of the U.S., vdeor hereby appoint William W. Holden of the State of NCarolina, whose duty it shall be. at the earliest practicable poenrieoede, tsosaprryeasnedripbreospuecrhfrourlecsoannvden regulation nvseanstmioany, composed of delegates to be chosenby that son tionof the peopleof said State who are loyal to the U.S and no others, for the purpose of alterin or amending the constitution thereo; and with authority to exercise.within the limits of said State all the powers necessary and proper to enable such loyal people of the State of NCarolina to restore said state to its constitutional relations to the Fedoral government and presents republican form of State government as will entitle the State to the[mar anteo of the U.S.therefor, and its peopleto protectionby the U.S.againstinvasion. insurreotion and domestic violence." That is all well enough; l have no objection to it; but what comes next? “ Pmviderl, That in any election that maybehere after hold for choosing delegatesto any State convention as aforesaid no person shall be qualified as an elector or shall be eligible as a memberof such convention mnlemhe shall have previousl taken and subscribed the oath of amnesty.as set orth in the Presidents proclamationof Mag 5), A. D. 1865a, ndis a voter qualified and prescribe by the constitution and laws of the state of NCarolina, in force immediate 1byefore the 20th day of May, 1861 the date of these called ordinance of secession: and the snid convention when convened or the Legislaturethat may be thereafter assembled will prescribe the qualification of electors, and the cligihilit of persons to hold office under the constitutionand nws of the State a power the people of the several States composing the Federal Union haverightfully exercised from the origin of the Government to the presenttime." It will be observed that in the former portion of the extract I have read, the proclamation of the President confines the reorganization of the State, in words, to the loyal men of NCarolina such I am satisfied was the Presidents intention; but under the proviso, in my judgment, he commits the error. He says that everybod is a voter, who will take the amnesty oath, an who was a voter under the constitution as it existed May 20, 1861, the day of secession. The conquered rebel who saw the musket fall from his hands, however criminal with the blood of his fellow men, had only to acknowledge the futility of further efforts in armed rebellion. No matter what his past deeds, they were pardoned, and the assumption made that such pardon was sufficient a ain to clothe him with the ballot, that sacred right of an American citizen. He was not required to say that State law, or even considerations of personal safety, had induced him to wage a loody and relentless war against his country. Although he had voted for secession and willingly won his treasure and influence to further the cause, though he had brought terror upon unwilling neighbors and drivent cm from the supportoi a slandered and injured Government, or compelled them to take refuge in mountain caverns, while their property was seized and turned into the coffers of treason, that man could vote on a simple pledge for the future, regardless of the past. The faithful negro, for whose degradation and misery these dec 5 of blood have been done, was again forgotten. The State constitution, made by his owners while he was a slave, of course denied him the suffrage. I have not complained of the President that the negro was denied the suffrage. I have not complained of anything. I do not now complain, much less do I design to censure. But it seems to me thntif the State constitutions of Mississippi and Texas must be barriers in the way of negro suffrage, those other clauses dening suffrage to any but “ citizens of the U.S." should have presented barriers against the white men, who had abjured allegiance to our Government, sworn allegiance to a hostile defacto government, and for 4 years had staked their lives upon the success of the one and the total overthrow of the other. After these deeds they may be citizens of the U.S.; but if so, know not how the right of citizenship may be forfeited. The Presidents pardon may have r"estored the right of citizenship, iflost. That ny have been the Presidents view. If so, I, lave already expressed my dissent. The Presidents pardon went to the life and property; relieved the penalty named in the not giving him the power to offer amnesty, but went no further. If citizenship is forfeited, Congress alone can restore it. it is a political right, be longing to the legislative authority of the country, and which e Executive can neither give nor take away. But, now, giving the pardon its full force, has it not been forfeited, and is Congress not justified in assuming a forfeiture, at least so far as it may be necessary to secure the guarantee of truly RFGs? So far as the life and property of the rebels l are concerned, I do not ask that anything be abated from presidential pardon. Their blood I do not want. The cause of the country does not demand it. Humanity, indeed, s rinks back from the thought of justice. Justice now would be cruelty, in the eyes of history. Lives enough have been taken“ Malice and revenge may claim many more. National policy rejects the claim. The war itself has confiscated enough. Confiscation will give our eoffersnothing. It may gratify personal avarice, but this is a poor return for loss of national honor. For me, the rebels are welcome to life and property. I would not add one to the tears that moisten the checks of sorrow. I would so make our Government, however, that the heaviest penalty for treason would be the treitors remorse. To dry up one tear, we are told, brings larger fame than to shed oceans of blood. But while I would extend mercy to the conquered rebel in my power, I must remember the simple dic States of justice in behalf of him who pleads for mercy, and pleads in vain at the hands of that rebel. That enerosity, which ceases to flow beyond the limits of our own race, is artial and unworthy of man. WhileI would orgive the rebel, I would elevate him whom the rebel has oppressed for ages. I would teach each man to abandon his prejudices and seek his own happiness in the up iness of his fellow men, where alone he conmi it. For many long years, indeed from the origin of our history as a nation, slavery and its inci dents have constituted the weapons of political warfare. Party power, the lust of O cc, the whisperings of ambition, the hopes of indifidual preferment, the ties of political association, too often united with the promptings of avarice, conspired to uphold the institution. The same conSIderations, with man on the other side, it is too true may have added to the intensity of the strugg e; but chiefly the abuses of slavery on the one side, feeding, as it were, on increase of appetite, and the strong moral conviction of its injustice on the other, its wrong to the black and its injury to the white race, urged our people on to the gigantic struggle now just closed. but is it closed? The boom of the cannon is not heard, the crash of musketry has ceased, and the saber has been returned to its scabbnrd, but the nation seems yet in doubt. The air is tainted with suspicion that all is not right. The war was waged by rebels that injustice might yet live. Withiu the Union it was thought it could not live; hence it would go beyond the nations jurisdiction. Justice is stron because it is the weapon of Omnipotence. S every in form has died. Let it die now, in fact and in truth, and the national life is assured. It was a feclin of conscious right that gave us success in e recent struggle. Now that success has come, we propose again toreject the truth, to turn our faces in shame from an honest conviction and barter once more eternal justice for expediency. The President undertook to reconstruct on the white basis. The negro is again forgotten. A few negroes voted in the reorganizetion 011 Louisiana under Mr. Lincoln, an last March, every Democrat in Congress voted against admitting her Representatives under that organization. The other States are now reorganized, under what we are told is the same p an, and every Democrat here now clamors for immediate admission. Why is this? Is it because the negro has been excluded or because the for mer rebel has voted? Our Democratic friends here certainly have no interest in common with rebellion, and hence their present enthusiastic support, of what they call the Presidents reconstruction policy, must spring from the fact lhat the negro has been excluded. They see, in this, a white mans Government. The President having excluded him in the 1st work of reorganization his hopes are, perhaps, gone forever. If loya whites only had been admitted by the President to the ballot box, those who opposed a secession until treason had overwhelmed them, they perhaps would have constructed the o c law of those States in such manner as to cave hope for the negros enfmnchisement hereafter. But who expected to find favor for the black man from the returning soldiers of Lee and Johnstons armies? With the political power in the hands of such men, the uture is easily divined. Do not understand me, Mr. President, as complaining that the negro was not permitted to vote. I only or e that his right was at least equal to that of rebels. If rebels must vote, the negro ought to vote also. I will make no offensive comparisons; but to those men who have carried mourning into every household in the land, who rejected all counsel and heedlessly rushed on to the countrys ruin, who must be remembered in the long future when pov erty parts with its hard earnings to ay the public debt, who would murder a who c section to secure the privilege of robbing a race, I owe nothin. the loyal Democrats owe them nothing. friendfrom Indiana, [Mr. Hssmuexsj who site before me, and whom they defeated for Governor of Indiana in 1860, owes them nothing except mercy, and with him I go to grant them mercy. Let him go with me or justice in behalf of others. I know it is often said that unless pardoned rebels could vote, the President would have had no white basis or population to reconstruct upon. This, Mr. Presicut, is a mistake. 1000s were forced into active measures ainst the Government. Many 10 al men in the beginning, I know, after war became disloyal, but had an oath been prescribed by the President for white voters, formerly qualified under their respective State constitutions, which would have excluded the active and willing disloyalist, who not only went into rebellion himself, but forced his neighbor in, we would now have organizations of a different character in the southern States, and such as would have given the President but little trouble. It may not be that such governments as would suit every man in conss, or even a majority, would have resulted from any system whatever, but I contend that a more loyal basis might have been secured among the whites. The white population of the 11 secedin States in 1860 was 5, 449, 463, the free colored population was 132, 760, and the slave population was 3, 521, 110, making a total population of 9, 103, 333 3/5th s being white and two 5th s colorc. Ilook now to the vote of 1860 for President. Of course I cannot give the vote of SCarolina, because the President tial electors in that State have always been chosen by the Legislatnre. But in the other States the vote for Ii Mr. Breckinridge was 416, 502, the vote for Mr. Bell 345, 919, and the vote for Mr. Douglas 57, 723, making an entire vote of 820, 234. He who lived in the slaveholding States at the beginning of this rebellion knows perfectl well that those who voted for Bell and those wh0 voted for Douglas were Union men. I know it perfectly Well. There is not a Son ntor within the hearing of my voice, who lives in a border State, that does not at once recognize the fact. 416,000 men in the South then voted for Mr. Breck inrid e, and 403,000 of them voted for Bell and Doug as. Then nearly half the people of those States were Union men. An oath reaching the past conduct of these men, a pardon, if you please, on the condition that the active, blatant rebel of 1860 and 1861 should refrain from articipating in amending that which he wished) to destroy, and which he would now asgladly destroy us ever, would have given us liberal reorganization, institutions of vitality, filled with the spirit of the age, devoid of prejudice, and opening up the brightest hopes for the melioration of the poor, whether white or black. But we have to take things as they are. The Presidenthas acted, and his governments are before us. I asked him during the regress of reconstruction but one thing, and that was, if he reconstructed on the rebel vote to reconstruct on the negro vote also. It may have been wrong to do so, but if he had included it, his governments may have worked more har rnoniousl than they do. This is all I ever asked, al I now ask. There is nothing that I crave for self or friends at the handsof mortal man. So much, I thought, could bedemanded of justice; so much be craved in the mercy of God. [A plause in the alleries.] The Pit SIDING OF ICEIt, (Mr. 4 in the chair.) Ordorl