Mr. BENJAMIN. Mr. Speaker, I regret being unable to agree with the ComReconstruction as to the policy and exediency of passing the JtResolution. I as the at tention of the House while I give the reasons that constrain meto vote against it. In doing so, I will endeavor to confine myself within the limits of legitimate debate, although the question brings up and involves all the questions touching the status of the insurrectionary States, their past and present attitude toward the federal Government, and the duty of Congress in reconstructing them. upon the result of our decision in the case of ennessee hangs the fate of the other ten. The precedent established by the passage of this JtResolution will be cited and followedin our legislation for all the others. It may go far beyond what now claims our attention. Our successors years and perhaps centuries hence maybe called upon to pass Judgment on the people of some other revolting State, when our sayings and doings will be eagerly scanned, digested and commented on, approvingly or disapproving ly. We all know the force of precedent in the decision of all such problems. We are making history, and no page in the history of our country will record matter of greater importance to “millions yet unborn” than that which chronicles our deliberations on this resolution. We are often told that history repeats itself; hence the necessity of making such a age as when repeated will not involve those W10 succeed as in the Government in as great or even greater difficulties than we are now encountering. Thisjdintresolutionisveryskillfull worded, and bears the imress of a mind of no ordinary character. must be permitted to congratulate its author in having fully succeeded in employing language that effectually “ conceals his thoughts.” Are the rebellious States in or out of the Union; are they dead and awaiting sepulturc, or alive and as majestic as ever; have they ceased to be stars in the constellation, or do they now, and have they during the din of battle, shone with the same resplendent luster as at the beginning? are questions which the anxious inquirer will look in vain for a solution of in the report of the committee. To this I have not the slightest objection. Indeed Iheartily approve of the wisdom displayed by the committee in ignoring these perplexing questions, as they are entirely imma terial, mere abstractions, and unimportant in themselves. It cannot be possible that a great party after accomplishing so much, having in the eyes of the world iei tormed miracles, successfully carrying us through difficulties appar ently insurmountable, finally emerging from the contest victorious at every point, and crowning all by ridding the country of a curse as dreadful as ever atllicted mankind, will suffer itself to be split on such rocks as theSe. Not the least of the many strange events of the present day would be such a result. I assume that into these intricate propositions even the keen sagacity and penetrating eyes of the very able gentlemen composing the ComReconstruction “see but dimly." In this they are in sympathy with the public mind, which is entirely at sea. The “ midnight oil" consumed in efforts to. penetrate their depths and solve their myste ries, has shed but little light on the general gloom. Look where we will, and in whatever direction we may, no familiar landmark is discernible. The history of the world presents no parallel case. Whether the insurrectionary States are in or out of the Union, whether the are entitled to all the rights, privileges. an immunities pertaining to and enjoyed by the loyal States, or whether they are Territories, conquered provinces, or subjugated communities, cannot be determined by the lights of the past. The various writers on public law have discussed the relation one State bears to an other, their rights, duties, and liabilities; but they have now ere discussed questions of this character., They speak of States, but not of such States as compose the American Union. They lay doWn certain laws that govern in time of war and upon the return of peace; butthose laws will be found wholly inapplicable to the cases under consideration. While it is true that the public mind is unsettled upon the various questions growing out of the reconstruction, or restoration ifyou prefer, of the revolted States. there are certain facts develoed by the events of the last 5 years that the people do fully understand and about which there is no dispute. They know full well that a most wicked and unholy rebellion, formidable in its proportions, and worse than savage in its character, was inau gurated for the overthrow of the Government of our fathers. They know that the chief conspirators in that rebellion were men holding high positions in the Government, and while acting under the solemnities of an oath to support, protect, and defend it. They know that in its suppression the nation has incurred a debt of $3,000,000,000, that is to be wrung out of the industry of the country. They know that in every hamlet and upon every hearth stone in the land have been s ied bitter tears of sorrow and anguish for some dear one, whose life was given a sacrifice on the altar of libert. They know that the right finally prevaile; that the rebel hosts were overthrown, and thabthe flag they love so well proclaims today the supremacy of the authority of the i U.S. over the whole length and breadth l of the land. They know this has been accomplished in the face of declarations made over and over again, not only from the stump to the multitude, but in this Hall, that the South could never be subjugated, that their armies were invincible, and that compromise and concession must at length terminate the strife. Knowing these things, they expect and demand of us, their Representatives, that we repair the breaches made by the enemy, build up the; waste places, and construct such additional! Outworks as will insure their future safety. As we cannot obtain indemnity for the past, they expect us to require ample security for the future. They say to us. “ If the great charter we heretofore gave you is not sufficiently comprehensive to enable you fully to carry out our wishes and expectations, come back to us for such additiona grants us are necessary for the urplose, and they shall be nominated in the out. The people from the beginning have been in advance ot the authorities. They continually called upon Congress to make further demands on their purses and patriotism, and every such call was promptly responded to. They were determined the rebellion should be suppressed, and now being suppressed they require the strongest guarantees against a similar occurrence in the future. It is necessary, Mr. Speaker, to consider one or 2 other preliminaryquestions in order to a properunderstanding 0? the case before us. 1st, let us see if we understand each other when we speak of the State of Tennessee, and let us inquire for what or whom are we legislating when we pass this JtResolution. I apprehend very great confusion of ideas would be made apparent were we to compare notes with each other or were we severally called upon to define the word “ State” as applied to a member of the Federal Union. The writers on public law are no authority on this point, because they nowhere speak of such a State as Tennessee or Ohio. It will not do to measure the relations England and France sustain to ward each other by those subsisting between NewYork and SCarolina, either in peace or war. To adopt and attempt to act in this case upon the ideas of the writers on international law will involve us in inextricable confusion. we have but for a moment to study the history of the establishment of the Government. examine the elements of which it is composed and the foundation on which it is built in order to a properunderstanding of the subject. The framers of the Constitution found 13 States or independent communities in existence, each sovereign and capable of acting and peaking for itself. They left them stripped of every important element of sovereignty, and incapable ofaeting, speaking, or holding converse with the nations of the earth, Or even with each other, except through the General Government. They can neither lay duties on imports or eXports, coin money, keep troops or ships of war in time of peace, engage in war, make peace, enter into any alliance with foreign lowers or frame any compact or agreement among themselves. Strictly speaking, they are not States at all, as the term had previously been used and as it is now rised by writers on public law. No foreign Power can hold intercourse with or declare war against either of them. Among the nations of the earth they are neither known nor recognized as States. They are only known in our own Constitution and laws as States in consequence of their former condition and designation. The word States, when applied to them, is to be understood in its narrowest and most restricted sense. As nations, or States, they differ in no material respect from Territories, save the right of representation in Congress. he party of the rebellion insisted that not withstanding the grants contained in the conltitution, sovereignty still remained with the States. The delegation of powers to the General Government was a mere loan, subject to be called in at pleasure. The Government was the creature ot the States, and not the agent of the“ people. Well evenlet it hold the rein, But well show itthe way to:0." Upon this rock we split. Here was the Gor dian knot that ioliticians could not untie. It has been severe with the sword and the question set.at rest, and I trust forever. In order that it may not involve us in further difficulties, we must be instructed by what we have learned at so dear a rate, and entirely diseard the heresy of State sovereignty from our political system. If there is one vestige of it left it must be rooted out and destroyed. Among the nations of the earth, then, Utah is as much a State as is NewYork. Indeed, the earlier Territories were rarely known or spoken of exceptas States in legislation during the 1st 30 years of the Government. True, Congress rese rvesane ative on their legislation, but it is by virtue of its power and duty to guaranty to its people republican government, and applies equally to the States. Hence, in this light and with this character we must consider them in making up our verdict in the case now before us. Of what, then, are the States of this Union composed; or, to come more directly to the question before before us, of what is the State of Tennessee composed, if she is aStute at all? Invour intercourse and dealings with her, to whom are we to address ourselves? We have an answer to this that is explicit, full, and complete. We long since accepted it as expressing our theory of government. If we adhere to it, not upon it, and carry i t in its republican simplicity, we will find bu little trouble in extricating ourselves from the dilemma in which we find" ourselves placed. What constitutesa State? Not high raised buttle ments or labored mound, ick wall or moated gate; Not cities proud, with spires and turrets crowned: Not baysand broad armed ports, Where. laughing at the storm, rich navies ride; Nor sturred and spnngledeourts. Where low browed base nesswafts perfumes to pride No! men. high minded men. With powers asfar abovedull brutes endued, n fort st.brake or den, As boasts excel cold rocks and bramblesrude; Men who their duties know. But know their rights; and knowing, ds.romaintain, Prevent the long aimed blow and crush the tyrant, while they rend the chainThese constitute a State.” If of such is Tennessee, open wide your doors and bid her Representatives to enter. If of such, she has been they have been kept in wait.ing too long already. If, on the contrury, when measured by the standard, or weighed in the balance, she is “found wanting, ” continue yoursentinels on duty, with instructionsto guard vi lantly every apreach to your Capitol. fI have succeeed in making myselfunder stood the House will observe that we now have the properparties in court. We know now with whom we are to deal, and upon whom we are to pass judgment. Here we may drop the State of Tennessee and take up the men who inhabit her territory. The former neither has nor can she commit treason. The latter have cssayed to stab the Government to the heart. The former is in no way responsible to us, for she is really but a myth. The latter have a living, physical existence, and can bearrayed at the bar of justice. The passage of this JtResolution affects the relations of the people of Tennessee to the General Government in no respect save their representation in Congress. It is therefore a question of expediency, and nothing more. I understand the committee to place it on that ground, and upon that and that alone, so far as at present a pears. i take issue with them. I have said the people expect us to provide against the repetition of the scenes t rough wTiich we have just passed. One of the means to be employed, an by far the most effectual of any that has been suggested for the purpose, is to provide for placin and perpetuating the powers of both State on national Governments in loyal hands. It would appear that the committee are of opinion that such is accomplished in this resolution. I am unable to come to such a conclusion. The JtResolution says: “And whereas the people of Tennessro are found to be in I. condition to exercise the functions of a State within this Union, ” the Here is a fact asserted that virtually settles the whole question. Upon its truth depends everything else connected with her admission. In what " condition” do the committee intend us to understand “the people of Tennessee are found to be in" that they are qualified “ to exercise the functions of a State within this Union?” I will not impeach theirintelligence by supposing they are of opinion that anything 11 eamajority of the people are loval to the U.S. The testimony the lave taken warrants no such conclusion. luvery report that comes to us from there negatives any such an idea. We have in addition the testimony of the highest in authority, both civil and military, that without the aid of Federal bayonets the State government could not endure for a week. Without aid from without Governor Brown low informs us he would be compelled to “ take up his bed and walk.” If left to herself, it is doubtful if an outspoken Union man would be able to canvass a congressional district in the State prior to the next election. I am very much of opinion that were President Johnson himself required to spend a few nights at his mountain ome in East Tennessee, the most loyal portion of the State, more “uneasy would lie the head that wears a crown " than when in proximity to Thaddeus Stevens and Charles Sumner in Washington, unless assured by some late treaty stipulations. The only hypothesis left from which the committee could come to such a conclusion is that because the present government there is in loyal hands, and the JtResolution requires them to promise as a condition precedentto their admission that they will keep it there, that it follows as a matter of course that “the people of Tennessee are in a condition to exercise the functions of a State in this Union.” It is drawing largely on our faith in us to come to any such conclusion. Wasekinagl know that the present government is not only sustained but was oriinally established by the military power of the U.S. To this I interpose no objections, but the Army is not always to be kept there for that purpose, and when withdrawn Tennessee ngnin becomes aprey to the rebels. Suppose this resolution becomes a law, Tennessee comlies with all the conditions, her members admitted to both Houses, and we awake some morning and find that the Legislature has repealed some or all of the laws referred to in this resolution, what then? Are her Sens&Reps to be ejected in consequence? s she in that event in or out of the Inion? Here would arise another batchof knotty problems difficult of solution. That such a result will follow is certain to my mind. These conditions will certainly be violated or evaded if the rebel element predominates as sure as day follows night, for “Where there is a will there is a way.” Tennessee is vet in her swaddling clothes, unable to stand alone and dependent on others for protection, I readily come to the conclusion she is not in a condition to exercise the functions of a State within this Union. Reference has frequently been made to the State of Missouri, and a parallel claimed in the ease of Tennessee. There is no similarity in the 2 cases. Indeed, in all that is essentialr to their representation in Congress they are as far apart as the poles. True. both were slave States at the beginning, and both contained many disloyal persons. The government of each was, in the incipiency of the rebellion, in traitorous hands, who refused to furnish troops to put down the rebellion. But here the par allel ceases. Tennessee was declared by the proclamution of the President to be in rebel ior, and all intercourse between her people and the people of other States forbidden. missouriwas at no time so declared nor regarded. The Federal flag floated over no part of the territory of Tennessee for more than 9 months. No important town in Missouriwas at any time occupied by the enemy, and no armed fee at any time walked the streets of her commercial metropolis. Her important thoroughfares were never but temporarily obstructed. The government of Tennessee was for along time in rebel hands, and until drivenmut by Federal troops. As soon as treason manifested itself in the government of Missourithe loyal people rose in their might, hurled the traitors from their places of power, chased them from the State, and installed loyal men in their places. misourihas at all times been fully represente in Congress by loyal men, regularly elected. Has such been the case inTenuessee? Missouriat all times responded promptly to every demand of the General Government for troops, and I venture the assertion furnished a larger number in proportion to her arms bearing population than any State in the Union. The General Government is today her debtor to the amount of $7,000,000 for money advanced for its use. How stands Tennessee in that respect? Slavery was abolished in Tennessee by federal bayonets. The people of Missouria abolished it in spite of the “world, the flesh, and the devil, ” the administrations at Jefferson City, Washington, and Richmond. The loyal masses early decreed its immediate extinguishment, and gave “neither sleep to their eyes nor slumber to their eyelids” until the work was done. Missouri, without any command from Washington, and while the war was still ging on, placed all her people equal before e law and provided for themental improvement of her freedmen by a tax on property, the proceeds of their toil. There is not a Federal soldier on her soil, nor is their presence necessary. Is Tennessee the parallel in this respect? Finally, Missourihosplaced her government in the hands of men who have stoo by the Union in 6 troubles nor forsaken it in the 7th, and intends to thus perpetuate it. “Trea son is made odious” there, and bloody handed traitors compelled to take aback seat. When Tennessee becomes the arallel of Missouri, works up to the model Missourifurnishes, and gives evidence of her ability to stand alone, none will be more forward in welcoming her than the humble individual now addressing you. But the question is daily being asked, how long is the South to be excluded and what seriod of probation is required? The Presidentin answer has said, “ ntilthey bring forth the fruits of repentance." Who objects to that? We are asked ifwe intend to tax tem, require military service of them, and till deny them representation. Have not the people of the DistCol, and of ebraska and Utah the same right to comlain? Why are the people of Uta denied admission into the Union? Other States have been admitted with a much smaller opulation. We all know the reason, and should we consider treason any less a crime, or should we seek to render it less odious than polygamy? Not one reason now given or that has ever been given for rejecting tah but applies with tenfold force when applied to every southern State. But we are toijd that we should be generous and forgiving. I will admit it. One sa vs, “Pray, has not the South suffered enough already 2” I answer yes, and too much, but who are the authors of her suffering? Surely not those who warned her of the abyss to which she was hastening. Another says, “You must be forgiving.” I agree to that, we must forgive them. Another says, “ You must treat them kindly and seek to restore good feeling and brotherly love.” Very welll Will agree to that also; still, I cannot but remember that for 60 years every de mand upon us from that quarter was yielded to upon the same plea, coupled with threats, and relentless war was the fruit. Another says, " Let by gones be by gones.” and every gentleman on the other side of the House unites in saying, “Let us meet them as brothers, treat them as the prodigal son was treated, kill the fatted calf and make merry.” For the sake of peace I am disposed to yield a great deal, and as this beautiful parable of the Saviour presents a case more nearly paral lel with that under consideration than any other that sug osts itself to me, I am disposed to unite with the Opposition and make it the “basis of reconstruction.” There is another reason why we should all close in upon that platform, for when we have an example furnished by Him “who spake as never man spake, ” and we follow it, we are sure to not go wron. There can be no question but os terity will approve our course and I believe our constituents will say to us, “Well done, cod and faithful servants." The prodigal son, t ien, is to be our guide, and let us look into its little and apply the principle in practice. “A certain man had 2 sons, and the younger said to his father, Father, give me the portion of goods that falleth to me. An he divided unto them his living.” This, I infer means: “ Iwant to secede. I am deprived of my rights here, therefore I prefer to set up for myself, and be let alone.” His father, rather more Christian like than Uncle Samuel, finally consented. The account continues: “And not many days after the younger son gathered all together and took his journe into a far country” Dixie probably “ an there wasted his substance with riotous living.” it is notstated that he stole anything when about to leave, nor that he attempted to take the life of his benefactor. Unli e our erring brothers, he did not seize on his fathers strong box, (2 la NewOrleans and Charleston, nor claudestinely purloin his weapons of defense, (I la Floyd. but the world has grown wiser since then. “And when he had spent all there arose a mighty famine in that land, and he began to be in want.” How completely this plank in the platform fits, proving conclusive] its architect to be a master workman. “An he went and joined himselfto a citizen of that country” that is, sought a foreign alliance “and he sent him into his fields to feed swine.” Our brothers were not quite so successful. Had they succeeded, undoubtedly the sequel would have been the same. “And he would fain have filled his belly with the husks that the swine did eat; and no man gave unto him.” The blockade was effective, you observe. He finally probably after about 4 years by seuce came to himself and returned to 1is father, who still had “bread enough and to spare." As he met the old gentleman he exclaimed, in the anguish ofhis soul, evincing a spirit of real and sincere penitence, “Father, I have sinned against heaven, and in thy sight, and am no more worthy to be called thy son; make me as one of thy hired servants.” Who has ever seen a rebel return in this frame of mind, craving forgiveness for his crimes, consideringit a privilege to be permit ted to occupy the most burn is position in society, and ready to perform service even the most menial in its character? On the contrary, they generally bear themselves in the most arrogant and even insulting manner. Instead of asking forgiveness for the wrongs they have done, they tell you they “accept the situation.” Instead of asking that they may be permitted to enter their fathers house, they abruptly tell you to vacate it, for it is theirs. Their only regrets are that their efforts were not crowned with success. But as I am today in a compromising mood and ready to yield 9 points inten rather than not succeed, I will consider them as truly enitent, returning as the prodigal returned, roken in spirit and contrite of heart. Hence we will receive them as he was received. The prodigal was clothed, for he was naked, but not more so than were they. Hence we must clothe them, and as their services may here after be required in a more honorable war than they have hitherto been engaged in, I suggest that blue is the most appropriate color. Besides, we perhaps have a smal surplus of that color left over. “A ring was put upon his finger.” Certainly it is necessary that some bad e should be worn that the faithless may be istinguished from the faithful. A ring shall be put on their fingers that they may be hereafter known. lt is less degrading and humiliating when worn upon the linger than either the wrist or ankle; therefore we will put it on the finger, for the chivalry has always been sensitive on that point, and we should be very careful and not wound his feelings or imeach his honor. but the futted calf must be killed, the minstrels called in, and we mustmake merry. Yes, and we have done all that. What loyal heart did not reoice when the “Johnny Robs” were marched home by the boys in blue, keeping involuntary step to the music of the Union they had put forth such efforts to destroy; not with the “ pomp and circumstance of glorious war, ” as when 1 my departed, but sick, hungry, and naked. We all rejoiced, and still rejoice and generations yet unborn will continue to rejoice on every succeedinganuiversar of that glorious event. not only with music and ancing, but with “bonfires and illuminations.” lIere ends the 1st act in the drama of the prodigal son. There is another act to be performed. The curtain rises presenting entirely different scenery, and a new character steps forward. A little reconstruction becomes necessary. The other son enters. He, the eldest, and who had ever remained loyal, never having transgressed his fathers commandments, and hearing music and mirth making inquires the cause. The situation is explained to him, and he feels its/President Johnson says he felt when he saw “Union men standing out in the cold, often unable to get a receipt or n.voucher for their losses, while “traitors could get lucrative contracts, pushin loyal men aside.” He felt “deeply aimed.” His father comes out and entreats rim to come in. He says, “ No, I have served thee faithfully l0 these many years. I have at uotime set at defiance thy commands. Whilethis, thy recrenut son, was devouring thy living, rioting with harlots, Iwas keeing vigils over thy household and defending typossessions. This principle of reconstruction does not exactly meet my unqualiiied approbation.” The kind hearted oliigentleman saw the force of such reasoning at a glance. He felt the rebuke, and readily admitted that his “policy o“f reconstruction was not asuccess.” He says, True, my son, you have indeed “borne the bur then in the heat of the day, and all you have said is true. I will do you no wron. This thy erring brother has returned. will be merciful to him. I will not exact the life he has forfeited, nor the liberty he is no longer in justice entitled to enjoy. Ivwill restore them to him, and overlook his crimes and transgressions. But while I do this I will do thee no wrong, for from henceforth all that I have isthine. That White House yonder is reserved for thee. Those council halls shall alone be occupied by persons of thy choice. The ermine prepared for those who are authorized to expound my will shall be placed upon those whom thou art pleased to appoint. All, all is thine.” Here, gentlemen, is a plan of reconstruction ordained of God, and transmitted to us from heaven. Give to your eldest, your 1st born, your loyal and faithful sons the control of your possessions for all time to come by laws as unchangeable as the everlasting hills; as unal terable as those of the Medes and crsians. Let Tennessee or any other State assume that attitude, and she is welcome to these Halls. Let this be known he the policy of the government, to be observed in all time to come, and you may rely upo it “treason will be odious, ” an our land; will never again be drenched with fraternal blood.