Mr. BINGHAM. ho, sir; I knowno such thing and I beg leave to say further, without regard to the testimon taken by the committee touching the condition of the other States, for l have not read it. but from information which I have derived from casual conversations with gentlemen who are residents of those States and in whom I have confidence, that it will prove to be the fact that the rebels will be found in a majority of 3 to one or 4 to one in every one of the States that have been engaged in the rebellion, except intennessee. How will ydu prevent that overpowering majoritgY from taking possession of those reconstructe governments? Do you call it a “ republican government” Within the meaning of the Constitution to maintain a minority in power indefinitely in a State by Federal bayonets! I do not, nor does any other intelligent man. Whatthen I Why, accordingto the programme before us, those rebels are all to be sworn in sworn in upon an oath that makes np conditions, as announced in the Presidents speech the other day at the White House, save that they will hereafter support the Consititution. They are all to be sworn in and to be allowed to assume the control of their respective States. Where is the power in Congress. unless this or some similar amendment he adopted, to prevent the reenactment of those infernal statutes of banishment and confiscation and imprisonment and murder under which people have sat fered in those States during the last 4 years? Let some man answer. Why, sir, the Gentfrom NewYork [Min HALE] himself yesterday gave up the argument on this point. He said that the citizens must rely upon the State for their protection. I admit that such is the rule under the Constitution as it now stands. Ibeg leave to read, in confirmation of the truth of what I say, an utterance made in the hearing of the whole people of this country in 1788, when the Constitution Was on trial for its I read from No. 45 of the federalist, a paperwritten by James Madison: "The powers reserved to the Federal States will extendto all theobjectswhich. in theordinary course of alfairs.concern the lives, liberties and properties of the people, and the internal order. improvement and Prosperity of the State." I submit that this is the text of the Constitution, except. as to the new amendment prohibiting slavery, and providing for legislation to prevent it except as punishment for crime. It stands as the ruling of the SCOTUS in the great case of McCul lough vs. The State of Maryland, in4 wheaton. It stands as the ruling of the same tribunal in, the case of Ogden vs. Gibbons, in 9 Peters. It stands, in short, as the uniform ruling of the SCOTUS, concurring with the continued action of the other Depts of the Government from the year 1789 till this hour, there being no law anywhere upon our statute books to punish penally any State officer for denying in any State to any citizenof the U.S. protection in the rights of life, liberty, and property. It stands as the very text of the constitution itself, which de clares that, " The powersnot delegatedto the U.S. by the Constitution, nor prohibited by it to the States are reserved to the States resppetively or to the people." The word “ powers" controls the wholequestion. The Government of the U.S. has no legislative powers, save the express grants and 9 the general grant to pass all laws which shall be necessary and proper to carry into execution all, other powers vested ll)? the Constitution in the Government of the U.S., or in any Dept or any officer thereof, and the implied powers necessary to carry the express powers into effect. A grant of power, according to all construction, is a very different thing from a bill of rights. In support of what I havesaid on this point I ask attention to the followmg citations: McCullough vs. Maryland, 4 Wheaten, 405, Marshall, C. J., says: “The Constitution of the U.S. is one of limited and expressly delegated powers.which can only be oxerclsedasgranted or in casesenumerated." Speaking of the authority given to Congress by the last clause of the 1st article. 8th section, of the Constitution, Judge Story in his Commentaries, section 1238, says: “The plain import of this clauseis. that Congress shall haveall theincidental and instrumental powers necessary and proper to carry into execution all the CXIJTCSBPOWCIS.In neither enlarges any DUWOSPPO cificallyr granted. nor is it a grant of any new power to Cona css." In Martin vs. Hunters Lessee, 1 Wheaten, 326, it is said: “The Government of the U.S. can claim no powerswhich are not granted to it by the Constitution and the powers actually granted are such as are expressly given or given by necessary implication. In Gibbons vs. Ogden, 9 Wheaten, 187, Chief Justice Marshall, speaking of the Constitution, says: “ This instrument containsan enumeration of powers expressly granted by the people to their Govern Inen In Kents Commentaries, volume one, pages I 388 390, there is this language: “The correct principle is that wheneverthe terms in which the power was granted to Congress or the nature of the power required that it should be exclusively exercisedby Congress, the subject was as completely taken away from the State Legislatures in: if they had been expressly forbidden to act upon it." You have the express power to define the punishment of treason; the express power to punish the counterfeiting of coin or securities of the U.S.; the exress power to define and punish piracies an felonies committed upon the high seas, and offenses against the law of nations; exclusive legislative power within this District; express powers to govern all Territories; but where is the express power to define and punish crimes committed in any State by its O cisl officers in violation of the rights of citizens and persons as declared in the Constitution? and from what expressly delegated power in the Constitution can an such power be implied? Passing the antislavery amendment, is there anyone prepared to say that the bill of rights confers express legislative power on Congress to punish State otheers for a willful and corru t disregard of their oaths and oppressive and t agrantly unjust violations of the declared rights of every citizen and ever free man in every free State? The words of Madison cited are very significant: “ The powers reserved to the several States will extend to all the objects which concern the lives, liberties, and properties of the people.” The fact is that Congress has never by penal enactment in all the past attempted to enforce these rights of the people in any State of the Union. Sir, the great question is presented for the consideration of the House and the country, shall these States. all of them. be restored in their present condition, and with no new secu rities taken by the people for the future? Shall SCarolina be t as restored, for example, 9/10ths of her people who vote having been rebels in arms or irectly engaged in rebellion against the country and her Governor having been an active member of the rebel senate at RichmOnd during the fouryears: trial, now acting Governor over the loyal men of the State? Is that State to be restored without the power in Congress to protect the few loyal white men there against State statutes of confiscation and statutes ofbanishment? and for the emancipated slaves of SCarolina are you to have no power save to prohibit their reduction again to slavery except as punishment for crimes against the laws of SCarolina? Let some gentle man who opposes this amendment stan up in his place an answer to the count how, after these States are restored to polities power, the Government of the U.S. can by law intervene, exceptasto slavery, under the Constitution of the U.S., as it now stands, to protect the loyal white minority or the loyal but disfranchised colored majority in that State against banishment? I