Mr. DELANO. I tender my sincere thanks to the House for this extension of my time, and for its courtesy to me. wan HAScoivoasssup rm:ance rive nous nun INE THE PROGRESS OF THE BBBELLION TOWARD BECOGNIZIKGrun “SURGENTSAS STATES? Here, allow me to ask, when did the rebel ling State expire? I should be glad to learn when the vital spark became extinct, so that the attending physician might say “Dead!” Prepare for the funeral; henceforth we have Territories! At what time, sir? If the hour of the day has not been noted, pray give me the month or the year of their departure to the tomb of Territories. I find, sir, by reference to your statutes, that on the 6th of August, 1861, Congress assessed a direct tax of $20,000,000 annually upon the land of the U.S., and apportioned the payment to the seceding States, as follows: NViorrgtihnia.: Carob57opM 06 SCarolina. 310, 57606 Georgia. Alabama. 5. 31333 Mississippi. Louisiana Tennessee 609, 40800 Arkansas. 2, 138600 Florida. Total. By the 9th section of this act the President was authorized to divide each State into convenient collection districts. The 53rd section provides that each State may collect and pay its quota in its own way. The 40 6th section provides that if any State therein named, after assuming to pay its proportion of such tax, shall fail to do so, the SecyTreasury may proceed to collect the same under certain rules and regulations. Again, sir, by an act of Congress approved June 30, 1864, about one year, sir, before the total overthrow and destruction of the insurrection, this act of 1861 is recognized, the 1st annual assessment is enforce; but further assessments are suspended until another law, demanding the same, is enacted. Yet, again, by the act of July 1, 1862, to provide internalrevenue, the President is authorized to divide the States respectively into collection districts, and to appoint revenue officers for the same. and, acting under this law, the President has proceeded, and as I stand under is now proceeding, to collect revenue in these States, treating them as States under your legislation and by your authority. and, sir, as if to leave no room for doubt, this act of July 1, 1862, was amended but still left so as to regard the insurgent States as States, by an not passed March 7, 1864. Has Congress, indeed, power to decide this question? Then she has decided it by a series of unbroken, uninter ru ted legislative recognition of the 11 confe crate States, socalled, as real, legitimate, existing States in the Union. I ask my learned colleague to review his theory of “ destroyed States, ” or, in his milder language, of States that have " lost their pow ers.” He is too sound a lawyer and too can did, also, in view of alLthese facts, toasscrt the death and destruction of 11 members of this Union. But, Mr. Speaker, the evidence does not close here in reference to the recognition of these States as members of the Union, as States in the Union. By an act of Congress, passed April 20, 1818, provision is made for the publication of the laws of the U.S., and for other purposes. The 2nd section of the act referred to provides that when the State Dept she. l have been officially notified that any amendment which heretofore has beep or hereafter may be proposed to the Constitution has been adopted, according to the provisions of that instrument“ It shall be the duty of the SecyState, forth with.to causethes“asidpeacmifey nindmtchnettoStbaete published." is; which the same may have been adopted, and that O same has becomevalid." Now, sir, I ask the members of this House, what duty is here devolved upon the State Dept? Is it not to determine when the amendment is ratified, and by whoui ratified? Must he not, does he not, necessarily, by the powers conferred upon him, recognize as States in the Union those members of the confederacy whose ratification is relied upon as adopting the amendment in conformity to the plOVlSlOllSof the Constitution? In the case in 7 Howard, before referred to, it is said that when Congress empowered the President to call out the militia to snppress insurrection, it thereby authorized him to decide which was the rightful government, and that his decision recognizing one or the other of 2 conflicting governments was conclusive. How, then, can it be denied that here is a power conferred upon the State Dept to these governments in the States whererec, ogonrize a time, government was simply suppressed, not destroyed; where it was obstructe in its functions, not overthrown in its existence? and now, that the power suppressing it is removed, removed, too, y the General Government in the discharge of her great constitutional. duty, the State governments rise again, and their powers are resumed; and as they become once more potential they speak, and among the 1st utter ances are words which delight every patriot and philanthropist, for they say that “neither slavery nor involuntary servitude shall longer exist except for crime. ” These noble words, officially declared, spoken in a sovereign manner and as a sovereign State should sp, are heard, officially heard, and the seal of emancipation and universal liberty is fixed.Mr. Speaker I trust we have no dead States, no conquered erritories, but that all are living powers, sovereign within their respective s eres but obedient hereafter and forever to that hiflher and greater soverei, the Union, whose love embraces all her c ildren, whose heart is so large and whose arm so strong that she can clicris, defend, or punish. In order that there be left no room or doubt as to the power of Congress to recognize these rebel States as States, and to confer such power on the President or SecyState, I ere refer to the case of Luther as. Borden, 7 Howards Reports, where, while discussing the 4th section of the 4th article of the Constitution, Chief Justice Taney says: “Under this article" " it restswith Congress to decidewhat government is the estsarbanlistyhedonein a.State. For. As the U.S. to each State a republican government. Congress must necessarily decide what government is established jn aState before it can determine whether it is republicanor not.” Then, referring to the clause relating to domestic violence, the Chief Justice adds: " So, too, asrelatesto the clausein the abovementioned article of the Constitution providing for cases of domestic violence. It restedwith Congressto de guarantee. Means proper to be adopted to fulfill this They might, “ they had deemed it most advlsable to do so have placed it in the power of a court to decide when the contingency had happened which required the Federal Governmentto interfere. but nuress thought othe e. and, no doubt wisely; and by the act of February as. 1795, proved that ia caseof an insurrection in any State againstthe government thereof it shall be lawful for the POTUS to call forth such numbers of the militia of any State or, States as may be applied for ashe may judge sufficient to suppress the insurrection. By this not the power of deciding whether the exigency had arisen upon which the Government of the U.S.is bound to interfere is von to the President.” “ bye is an armed conflict in case of domestic violence and oneof the parties must be in insurrection against the lawful Government and the President must of necessity decide which is the government and which party is nnlaw fully arrayed against it before he can perform the duty imposed on him by Congress." Thus the court came to the very clear, logical, and satisfactory opinion that the action of the President, under the act of Congress before mentioned, by which the government of RhdIsland, adverse to the Dorr government, socalled, was recognized, was a final and conclusive decision in favor of that government and such a decision as could not be reviewed or reversed by any authority whatever. What, sir, is so much needed at this hour as to rebuild and reanimate the desolate South? Her towns in ruins! her fields lying waste! her resources destroyed! her labor paralyzed! She needs eace rest, and the fostering arm of a friend y Federal Government. Much, I know, she has sinned, and much, too much, of error and wickedness, at least of anger and bitterness, yet remains. But time, patience, charity, and forbearance will soon bring her to see, I trust, that justice toward her emancipated blacks and loyalty to the Union are necessary to happiness and prosperity in the future. We must develop the resources of the South. Her cotton crop of five million bales, in 1860, is estimated at one million for the next year, and her sugar crop in similar proportions. We need, sir, and we must have, a productive, prosperous South, for it will strengthen our finances, give stability to our public credit, aid as in paying our national debt and sustaining our national faith. Hence, I repudiate all theories that tend to keep down her industry, her resources, and her hopes.Mr. Speaker, I do not oflen reason from my fears, but during this debate our fears have been appealed to in order to influence our judgment and this has been done by the Gentfrom Pennsylvania, [Mr. STEVENS. He resumes that a return of members from the Fateconfederate States will place the power of this House in the hands of co perhea s. Then he imagines repudiation of the national debt, assumption of terebel debt, due. Sir, I have no toleration for those who have persistently opposed the Government these long years of strife, sacrifice, and danger. I am not here today, to assert their cause. God forbid! I. am considering questions which may, when a settled, have a sting influence upon the des tinies of my country. I will not turn aside from my honest Judgment upon this question to strike an enemy or to reward a friend. But, sir, let me suggest an argument for the fears of the Gentfrom Pennsylvania, if, indeed, “his name is liable to fear.” Suppose you establilsh, so far as this House can settle the nestion, that the insurgent States are dead an are to be governed indefinitely as Territories. Do you expect auuited Republican party upon that decision? If you do, your hopes are as delusive “as the baseless fabric of a vision.” You will find, sir, a united South, a united “cop erhead” party, and a divided Union party. on will go into the next presidential canvass, possibly, in this condition and it requires no great stretch of imagination to seeby the united southern vote and a divided northern vote that a presidential candidate of the socalled Dem ocratic party may have a majority of the Elect oral College, counting the Territories, the 11 seceding States. What follows, sir? You deny the right of these southern Territories to vote, but they assert their right to do so; and take care that the majority in some of the northern States does not also assert it and then domes a strife for the executive chair. How will it end? In civilWar again; more blood, more graves! More widows, more taxation! More anarchy, more dead States! God only knows where, or in what, such a conflict might end. such a result is precisely what the dissatisfied alienated people of yourTerritories may desire if treated with cruelty and injustice, and, although I do not predict it, yet I see in an ultra and extravant treatment of this question, danger of sue a result. Mr. Speaker, those who have followed the thread of my remarks, will have observed that I claim the war to have been waged on the part of the U.S. for the purpose of saving the States as political organizations. Hence, during the entire conflict, the Government, by her acts Of legislation, by her presidential proclamations, by her acts of executive administration, has treated the insurgents as States; and thus has been fulfilled the duty of guarantying to the people a RFG where revolt and anarchy for a time existed. The insurrection being subdued, order returns; and, under the advice of the Executive, the people have submitted to a new state of things, resulting from the war, by amending their for mer constitutions so as to conform to universal emancipation. These things having been accomplished, the States resume their natural functions, so far as they are within the 1st branch of my definition of an American State. That is, sir, the establish law and order within their prescribe territorial limits, they exercise local powers of their State governments. immediately their connection with the General Government is in part resumed; and certain relations naturally and necessarily spring into life by your acts of Congress between these partially restored States and the U.S.? hat are these relations? Why, sir, your postoffice laws, your courts of justice, your whole revenue system is now in full and complete force, and generally in active operation over and in these States as States and these things have been done; Sir, they are the necessary and direct fruits of the laws passed by Congress. By denying to them now the capa city of States, we reverse our whole history; we repeal our past policy; and really, sir, we subject ourselves to deserved reproach for in sincerity and injustice, if not for cruelty and inhumanit. What, then , remains to be done? The admission of these States to a representation in Congress, it seems to me, is about all that re mains to a perfect restoration of the Union. Now, sir, no one will deny, who reflects calmly and speaks candidly, that the perfect restoration of these States to their natural condition, so that once more it run he truly said that every planet in our political system revolves in its proper orbit is a consummation to he desiredJ by all. We shall never be what we should be until this end is reached. But, sir, desirable as it is, we must not rush to its attainment with mud zeal and unadvised haste. That which remains to be done, in my view of this subject, is exclusively with Congress placed there by the Constitution. Are we bound to admit here tq membership, without conditions, without inquiry, whomsoever and whatsoever is sent here by one of these States that has, of her own accord, for 4 eais, withdrawn her representation and denic her connection with the Federal Government? Clearly not, sir and is there an absurdity in the idea ofalegit imate State in t ie Union and yet having no representation in Congress? I am not able to see any. Ohio may Withdraw her representation here and refuse to send another for years. Is she thereby adead State? Would such an not do rive her of her own constitution and laws, rob) her of a Legislature for domestic purposes, or prevent her. as a State, from the operation of all proper Federal legislation? Clearly not. Hence, when one of these States comcsback and asks admission to this floor for her Rep Representatives, I do uotask myself, is this afterritory? because I think I have power to say to this State, by your own not you severed this relation; you did it Withbut cause, and during your absence, and while you have been endeav oring to destroy this Union, great changes have occurred and I shall require of you 2 things before shall vote to restore you to representation here. 1st, you must send loyal Representatives and show your obedience to the Constitution and laws and 2nd ly, some proper assurance that in your capacity as a State for local and domestic purposes you will conform to those great principles of Justice which lie at the basis of our Government, and which require that all men shall be secure in their lives, their liberties, and in their pursuit of happiness. I am now, sir, s cakin of principles secured to all, because feel that the results of this war have cast upon this nation a great duty toward the cmanncipatd race; and humanity requires of us the perormance of this duty not rashl, norin a spirit ofreven Ve under the impulse O past injuries, but an or that higher and nobler feeling which calls for justice to all men. PLAN nonREOROANIZATION. Resting upon the principles which I have attempted to sustain during these remarks, Ipro pose to inquire, is any State now ready to have her representation admitted into this Congres and thus become fully restored to her natu position and relations in the Union? I answer yes, Tennessee; loyal, lonsuffering, but ever faithful Tennessee. She as, by her legislation, gunrantied to the emancipated race every right enjoyed by the white man except the right of suffrage. The right to testify in courts, to sue and be sued, to marry, to acquire and convey property, have, as I understand, been secured to the black race. She has disfranchised rebels who sought to overthrow the Government. She has sent here, as Representatives, loyal men who are ready to take the oath required before admission. These men, I understand, have, during the rebellion, either been refugees from their homes, to avoid death at the hands of traitors, or they have been fighting in the Union armies for the life of the nation. Some of them bear honorable scars from wounds in battle, while defending our common country. Mr. Speaker, let this House consider these things. Let it be remembered how nobly Tennessee has struggled to preserve the heritage of a free people. Ego not for et for this nation will notow gloriously ennessee has acted during these long years of desolating war. She has, in her geographical position, stoodu on the frontier of rebellion. There sir, she as re mained, faithful, brave, and loyal to the last. Besst with fees from within and without, she stood, like a wall of granite, between the in surgent and loyal States, receiving and hurling back the bloo y surges of rebellion and that noble son of Tennessee, the POTUS, who has endured more, suffered more than it is in the power of man to exress, whose conduct during this fear ful striigg c has been the theme of praise from every loyal toii no in the Union, shall he be longer regarde as an alien and a foreigner? shall we not, sir, in view of all these things, open the doors of the Union and receive with joy and thanksgiving, back to the family mansion, these men from Tennessee? I hope so, and I think so, for, sir, it seems to me that justice as well as the voice of the country demands it. Let it. be done, and let it be done (piickly. Thus we shall give an example to teother States, particularly, of our desire to commence the work of rebuilding and read justing this Government. In my judgment, Arkansas is likewise preared to be received, and we can safel hid her representatives welcome. This muc accomlished, we could safely delay the other States for a more complete preparation, keeping there all the military power necessary to reserve order. I would further provide, by al necessary legislation within constitutional limits, for the security and protection of the colored race. Thus we shall say to the other States, come; come and be welcome; but before on come submit to the laws and obey them O ecrfully; provide for the emancipated race, and do it willingly. Elect and return loyal men as Representatives men who desire to support and who will not betray their country. Come to us as Tennessee comes, with loyal hearts, determined to obey the laws, and our arms are open to receive you. On this basis, sir, we can restore in due time our native land to the glorious position which of right belongs to her. I believe that a calm, resolute, and patriotic effort on this basis will soon bring all arts of this great empire into harmonious an pros perous relations. Then, sir, we she! have set out anew upon the great mission of civilization that the Almighty has commissioned us to undertake. Our progressin ph sical, moral, and intellectual development Will e accelerated be ond all ast history in any part of the world. e shall become an example of the beneficence and power of self government that will be felt and acknowledged by all civilized peoples on the globe; and if we prudently adhere to the maxim of our fathers, and do not attempt to ropagate our institutions except as their excellence shall commend them to a voluntary adoption by other nations, we shall do such a work on earth as no nation has ever accomlished before, leaving for the world a history that will light the pathway to those who come after us seeking to realize the blessings of liberty. {Mr. Delano patch in from appendix.}