Mr. FESSENDEN. Mr. President, I am very sorry that this debate has sprung up. I think it exceedingly out of place, with regard to the manner in which it has been conducted, and some of the topics which have been spoken of. I do not, in saying this, wish to be considered as finding fault, with any gentleman because eve Senator must judge for himse as to what it is advisable for imto say and it is not for any other Senator to arraign him on that point. But it sometimes happens that things which are foreign to the question are said which ought not to be suffered to pass without a little comment. Now, sir, allow me to say that when this resolution was 1st promulgated in the newspapers as having been agreed upon, I approved it because I sympathized with its obJect and purpose. I did not examine it particularly;put, looking simply at what it was designed for, it met my approation simply for this reason: that this question of the readmission, if you please to call it so, (it is not worth while to stand abont words) of these confederate States, socalled, and all the questions connected with that subject, I conceive to be of infinite importance requiring calm and serious consideration, an 1865. 27 I believed that the appointment of a committee, carefully selected by the 2 Houses, to take that subject into consideration, was not only wise in itself, but. an imperative duty resting upon the representatives of the people in the 2 branches of Congress. For myself, I was not prepared to act upon that question at. once. I am not one of those who pin their faith upon anybody, however eminent in position, or conceive themselves obliged on a question of great national importance to follow out anybodys opinions simply because he is in a position to make those opinions, perhaps, somewhat more imperative than any other citizen of the republic. Talk about the Administration! Sir, we are a part of the Administration, and a very important part of it. I have no idea. of aban doning the prerogatives, the rights, and the duties of my position in favor of anybody, however that person or any number of persons may desire it. In saying this, I am not about to express an opinion upon the subject any further than I have expressed it, and that is, that in questions of such infinite importance as this, involving the integrity and welfare of the republic in all future time, we are solemnly bound, and our constituents will demand of us, that we examine them with care and fidelity, and act on our own convictions, and not upon the convictions of others. I have said I was in favor of this resolution when I 1st read it, for the reason that it looked to a purpose which I approve calm and deliberate consideration before action; but when I came to read it over more carefully and hear the opinions of others, I came to the conclusion, for the reasons that have been given by my honorable friendfrom RhdIsland, that the resolution perhaps went a little too far. It was important to have a committee by which this subject should be investigated, composed of members of the 2 Houses, for the reason, among others, that it is very important that the 2 Houses should act in harmony, that one House should not take action that would be at variance with the action of the other, and that, after investigation of the subject, it would result, as I believe, from the constitution of Congress, that the 2 Houses would act in harmony, on the same principles, and with the same views, and neither would act hastily. Therefore, the committee was important, and a committee that should be care fully chosen, as I said before and deliberate well and advise well; and I did not conceive that a little delay, that a few weeks time, or even a few months time, if necessary, given to that subject, would be miss eat. We had better spend a little time now tian take a step to he repented of in all our after lives and in all the future life of the Republic. The points to which attentionhasbeencalled by the onorable mover of the amendment are precisely those to which I objected. While 1 approved the committee I did notthink, in the 1st place, that we should change the order of proceeding and the longtried rules of the senate, especially the one with regard to debate. It has always been open here on every subject. Every Senator was at liberty to speak asmuch and as long as be pleased within the rules of order upon every subject open to debate in the Senate. I was very unwilling that that should be changed. If the HoRep, for its own convenience and in order to accomplish business, finds it necessarv to adopt another rule, that rule can be adopted by the House as applicable toits own proceedings, but not here; and hence I was o posed to that particular provision, and thoug t it unwise so far as we were concerned. My judgment was that everything that was necessary could be accomplished by the more a pointinent of a JtCommee of the 2 Houses; that it was not necessary to provide that all the credentials of members should be referred to that committee. There was an aparent constitutional objection wit; and there is much force in the argument thatif that should be done, and the provision retained that no action should be had2until therewas a report from that committee constituted as the committee is to be, each lzfouse is putting into the hands of the other a power to control its action in a matter which, by the constitution, is left to itself. I might have been willing even to strain a little upon that point had I conceived that there was any danger; but, sir, when we come to look at it, a committee is appointed by the ordinary rules of proceeding; everything relating to the proper subjectmatter, referred to that committee goes there; no harm would happen from a discussion in this body on that subject; it would very soon be settled, and we should avoid the apparent difficulty that arose with reference to what was our constitutional duty. I was not frightenedby any ideathat it was necessary now to tie up this body or, that body by ajoint rule which could not be altered without the assent of the other, because, on such a subject, a majority at any time will rule. If this body chooses at any time to become false to its duty, it will find a way to accom Elish the wrong; and so will it be with the HoRep. If the members of that body are, as I believe the will be, firm in their convictions of right an what the good of the country requires, there is no need of putting them under the control of the Senate in order to keep them so. Hence I agree with the honorable Senator who moved this amendment that it is best to strike out that clause and simply appoint a committee, and then if the Senate chooses to pass a rule of its own to refer all the papers on this subject, even credentials, to that committee, so be it; it will have the control of that subject; and ifthe HoRep, on the other hand, chooses to do the same thing, so be it; it will have the control of its own action, and we have accomplished the great purpose, which is, to put the consideration of the question which lies at the foundation of this subject of the admission of members into the hands of a JtCommee to be thoroughly consulted upon and considered. That is the only ground upon which my judgment coincides with that of the honorable Senfrom RhdIsland. My friendfrom Michigan [Mr. HOWARD] will allow me to say to him that I do not think the question ofwhether the men who may present themselves as members are fit to come in now, or whether the States of which they profess to be the representatives are lit to come in now and act with us and ought to be admitted to do so, is involved in this question at all. He has argued it as if by strikin out this portion of the resolution we had settled that. By no manner of means. If it would do so, I would vote with him. We are only settling, on the contrary, that that question shall be deferred until a committee of both branches have thoroughly considered it and reported to this body and certainly I shall go with him as long as believe that committee is doing its duty in opposing action upon the subject committed to it until it is ready to enlighten us with the information it may have received and the conclusions to which it may have arrived. I say this simply to bar the inference that by this action in amending it anyone who may vote for it means to say or intimate that he is ready to act upon that question now and admit anybody from any of these socalled confederate States. Certainly I am not one of them, and yet I shall vote with the honorable Senfrom RhdIsland. On the other hand, I do not agree with the honorable Senfrom Wisconsin that by passing a simple resolution raising a committee of our own body, and referring to it certain papers, if we conclude to do so, we are infringing upon the rights of anybody or making an intimation with regard to any policy that the President may have seen fit to adopt and recommend to the country. Sir, I trust there are no such things as exclusive friends of the President among us or gentlemen who desire to be so considered. I have as mulch respect for the vPOTUS probably as any; man. I acted with him long, and I might express the favorable opinions which I entertain of him here if they would not be out of place and in bad taste in this body. That I am disposed and ready to support him to the best of my ability, as every gentleman around me is, in good faith and with kind feeling in all that he may desire that is consistent with my views of duty to the country, giving him creditfor intentions as good as mine, and with ability far greater, I am ready to asseverate. But, sir, I do not agree with the doctrine and I desire to enter my dissent to it now and here, that, because a certain line of policy has been adopted by one branch of the Govern pment, or certain views are entertained by one branch of the Government, therefore, for that reason alone and none other, that is to be tried, even if it is against my judgment; and I do not say that it is or is not. That is a question to be considered. I have a great respect, not for myself, perhaps, but for the position which I hold as a Senator of the U.S.; and no measure of Government, no policy of the President, or of the head of a Dept, shall pass me, while I am a Senator, ifI know it, until I have examined it and given my assent to it; not on account of the source from which it emanates, but on account of its own intrinsic merits, and because I believe it will result in the goodof m country. That is my duty as a Senator, and fear no inisconstruction at home on this subject or any other. I have rere sented the State from which I come too ong to fear anything of that kind. If I act against the prejudices or preconceived opinions of that people, they are always ready to hear me, and car my reasons, and if they are satisfactory to them. to give me credit. for them, and, ifnot satisfactory, at least to give me credit for good intentions; and that is all I ask of anybody. Now, therefore, sir, I hope that, laying aside all these matters which are entirely foreign. we shall act upon this resolution simply as a matter of business. No one has a right to coinl plain of it that we raise a committee for certain purposes of our own when we judge it to be necessary. It is an imputation upon no body; it is an insult to nobody; it is not anything which nny sensible man could ever find fault with, or be disposed to do so. It is our judgment, our deliberate judgment, our friendly judgment a course of action adopted from regard to the good of the communitv, and that good of the community comprehends the good of every individual in it. Allow me to say, sir, in closing, one thing which I may as well say now in the beginning of the session, because it is the principle which I intend shall guide my action, and I hope will guide the action of all of us. We have just gone through a state of war. While we were in it it became necessary all around to do eertain things for which perhaps no strict warrant will be found; contrary, at any rate, to previous experience. That I admit most distinctly. Sir, I defended them from the beginning. I laid down the principle that the man who, placed in a position such as the President and other Officers occupied, would not, in a time of war, and when his country was in rail, put his own reutation at hazard as readily as he would anytgiin else in order to do his duty, was not fit for is place. I upheld ninny things then that perhaps I would not u hold now because they are not necessary. he time must come when the Senate and HoRep, the Congress, must revert to its own original position. 1 do not think there will be the slightest danger; I have no apprehension of any but if I act upon now and hereafterin a state of iflcaecrecn, tfprroim ncitphleosse which I adopted and defended before, I wish everybody to understand the reason for it. In all countries, in all nations in n time of extreme peril, extreme and somewhat questionable measures are inevitable.