Mr. HOWARD. Mr. President, for 4 years the contest between these 2 parties was that of force. For 7 years the contest between the colonies and the mother country was a contest of force. The DeclarIndep was iist as unconstitutional an act, when construed in the light of British law as was any of the ordinances of secession; and still the law which finally gave sanction and enduring solemnity and importance and effect to that immortal Declaration was the law of force; and the civilized world has recognized the independence of the U.S. as a nation from and after the 4th of July, 1776, although the contest between the parties endured or 7 years after that date. Had the same results accrued in the contest between the U.S and the seceded States, the Senfrom Pennsylvania will not deny that the independence of each of those States would have conrecognized as having taken effect from and after the date of the ordinances of secession. For 4 years these States. in one form or another, either separately or combined, prosecuted awar against the U.S. for the purpose of upholding their ordinances of seccsSion. Now, I ask the Senfrom Pennsylvania, in case they had been successful, would the ordinances of secession have been void? No, sir; they would have been valid, upheld and established by this highest law between contending communities, physical force. So far as communities are concerned, so faras nations are concerned which are at war with each other, the question whether the war is right or wrong is entirely immaterial; and in our case the only question of any importance is, what was the actual condition of the rebel States during the war? Why, sir, they were as independent of the Government of the U.S. as is the Government of Mexico. We reconquered them, to be sure; but the States which we brought back into the Union, if we did bring back any States as such, were by no means such States as existed before the war. They were different. They were entitled to no other appellation than that of conquered country. Yes, sir, we have a right to proclaim that they are conquered, as much conquered as ever Gaul or Germany was conquered by the Roman arms as much conquered as Canada was conucred by the British forces during the 7 ears war; as much conquered as was the British Government upon this continent in the triumph of our arms conquered, subjugated. They In at our feet. They had no Legislatures of their OWn. There was no legislative authority whatever which we either recognized or were bound to recognize as the conqueror. There was no other will that could prevail, or that ought to prevail in the conquered territory but the will of the U.S. in Congress assembled the will of the conqueror. It was for us, and for us alone, sitting in the 2 Houses of Congress to give the law to the conquered, not by any means the me victis, not a law of vengeance, destruction, or desolation, but a law which should carry out the just purposes and wishes of the American people in regard to the rebel States; a law which in the end should restore them to their original condition and functions as States of the Union; and no Union man here or elsewhere has ever, so far as I know, contemplated anything else but that, ultimately, and within a reasonable time, and in a secure manner, these conucied States shall be brought back into the iiion. It is necessarily the work of law, and law arising under the Constitution itself. It is said that these States have the right of coming back to Congress. I grant it. They have a right to return to their allegiance and to be represented in the 2 Honses of congress; but that right does not accrue, and cannot accrue, until the conqueror the Congress of the U.S. has seen that it is consistent with their interests, with the interests of their people, the interest of the whole people of the U.S. We hold them toay not by their own will, not by their willing fcalty to the Government, not in virtue of their fidelity to the Constitution; but solely, in my judgment, even today, by virtue of this highest law nown to communities physical force. What keeps your provisional governors in their seats lo day? The l federal bayonet. What preserves even old Virginia today from a renewal of insurrection 1 What today hinders another conspiracy, the calling together of another southern congress, the election of another southern president, and a general secession of all these States? Is it the friendliness of the rebel communities toward the Government? Is it their love of the Union of the U.S and the Constitution? Is it because they respect us? No, sir. If they had the power today, and were not resisted or prevented by the bayonet, I tell you that before 48 hours you would see combinations, conspiracies, legislative assemblies and conventions assembling together, and you would see these southern people again asserting the right of secession, a sin setting up for State independence, for independence as a southern confederacy, a new nation upon the face of the earth; and, in my opinion, that is today the great object they most cherish at their hearts. Sir, they look upon themselves as a separate nation; their people cherish a love for a separate nationality; and the honorable Senfrom Pennsylvania and the honorable Senfrom Connecticut, if they have read as attentively as I have and I have no doubt they have cu ht to bejust as well convinced that such won d be the result as I am. Sir, it is the bayonet, today, that preserves the author.ity of the Government in the rebel States. remove your military pressure, take away your Freedmens Bureau, take away the small fragments of troops that now remain in the southern States an elect as POTUS a man who does not believe in State coercion elect another James Buchanan, and on will have, the nionien the has entered upon his office, another general secession. Mr. President, for one, I desire to uard against such a contingency, I desire to ta e securit from the conquered; I desire to impose on them some reasonable conditions that shall save me and my posterity, my constituents and my countrymen forever against the recurrence of the evils through. which we havejust passed; and I say that this great duty, a duty almost too might and too weighty for the best wisdom of both Iouses of Congress, still pertains to the councils whom the people have constituted in these Halls, not to the resident. Sir, in the month of February, 1865, while Hon. Mr. Collanier occupied the floor, he made use of language so forcible and so clear, upon the power of Congress over the rebel States, that I must again trespass upon the Senate by reading an extract. That gentleman had reflected long, carefully an profoundly upon this whole subject weall know the constitution of his mind, its remarkable strength and elasticity, the clearness of his conceptions, and the accuracy of his judment. He gives us this as the result of his reflections. He says: “Sir. are there not 2 sides and 2 parties to this war? It is the strangestwar menever heard of if it has but one side to it. I take it there are 2 parties to this war: the several States who have made it on the oneside, and the national Government againstwhom they made it on the other; and I suppose the 2 parties mustparticipate in the restorationof peaceand uiotness and their resto ration to their former condition, ora condition where they can perform their functions within the Government. asintegral parts of the Union. It is for congressto say when thatstate of things exist. Congress is not bound to receive their membersor to treat them as being regular. loyal. integral membersof this Union becausethey have surccasedfighting and surceasedmilitary operations.until we haveseen a return to lovnlty and an obedience to their allegiance and the performanceof their faulty, the restoration of trua themselvol to their formercondition ofloyalt apd obedience; and that must be tor congressto acids.” If this is true, what authority has the POTUS to decide that moment ous question as to the fitness of the population of a rebel State to be reconstructed into a State, and to be represented in Congress? Can he judge of the fitness of those constituencies? Where in the Constitution does he find a war rantfor passmg such a judgment? Again, Mr“. Collainer says: Sir whenwill and whenought, Congressto admit those States as being in their normal condition? When they seethat they furnish evidenceofit." That is all that Congress is seeking to do now, to obtain the evidence of their fitness for restoration. “It is not enonighthat they stoptheirhostility and are repentant. They should present meetfruits for repentance.Theyshouldfurnishtousbytheir actions some evidencethat the condition of loyalty and obo dience is their true condition again and Congress must passupon it: otherwise we have rio securities. It is not enoughthat theylay down their arms. Our courts should be established, our taxes should be gathered. our duties should he collected in those States." kc. Again: " The great essentialthing now to insist upon. in myjudgment is that Congress shall do nothing which can in any way createa doubt about our power over the subject." weighty words, indeed, sir that Congress should do nothing, even at that time, when the war was raging, calculated to create any doubt about the power of Congress over this whole su"bject. Indeed. it is right to assert at the propertime that wehave that power; and howand w onand in.what manner we shall execute that power is in the discretionof Conglress. I do notmeanto occupy ver much time with t at; butone thing I have to say: I that when reestablishing the elievo condition of peacewith that people. Congress Jepresenting the U.S., has power in ending this war as any other war. toget somesecurity for the future. It would be a strange thing if it were not true that this nation. inendin a civil as well asa foreign war.couldeloseit and may a eaco by securing.if not indemnity for the past at feast somesecurity for future peace. I do not believethat Congress is stripped of that powerin relation to this or any other war: and here do not wish to be understood as undertaking to assertthe existence of such a power without somewarrant in the Constitution." and then he proceeds very learnedly and conclusively to show whence he derives the power. Now, Mr. President, as I have stated efore, the great issue is, shall Congress docrde the question of the right of the rebel States to readmission into this Union as they once were, or shall we tamely permit the POTUS, Without law, without our consent, to take in his own hands this vast mass oflegislntive power which must necessaril be employed in their full reconstruction? est le premier pas qut conic it is the 1st step always, that cost, in error. If we wink at this assumption on the art.of the President, good and patriotic than t ough he be and I am not disposed to question his patriotism it will be but setting a precedent or the future, and it is impossible to foresee to what extravagant extent these executive prestensions may be carried. Sir, upon a question so momentous, involving the safety and pros perity for all time of the whole U.S., is it not, I ask gentlemen, becoming at least that congress should maintain a firm, manly, and resolute stand? Call us what you may, Radicals, Black Republicans, Revolutionists, or what not; on this subject we occupy the very breach itself; we occupy the passage way; we stand as did the 300 Spartans when their country was invaded by the count less hordes of Persia. For one propose to occupy this position so long as life shall last, or so long at least as I have the honor of a seat on this floor; and ifI shall erish in the feeble resistance which I may be able to make to these executive pretensions; if the Constitution is to beswept away by fervor or fury, and we stripped of the just powers which the people have in truste to us, I hope that there will he at least one of this Spartan band to survive the destruction, and who may be able to erect, as did the commonwealth of placedemon upon the heights overlooking that famous pass where the 300 fell, a monument to their courage and patriotism, inscribed with these words of eternalforce and duration: “Go, traveler. tell to placedemon that we died here in obedience to her sacred laws.” I ask for ndprouder monument and if there be any persons here or elsewhere who expect to drive me, as a humble member of this body, from the position I have taken; if there be a deluded class, either here or elsewhere, who expect to intimidate congress, or who aim to intimidate Congress into a compliance with these executive edicts; if we are to have a coup detat, as has been recommended to the President by more than one of the leading journals of the country published in his interest; if we are to have that policy carried out which has been more than once recommended by a newspaperin this city which is supposed to speak his sentiments and by his authority; if Congress is to be exelled by the point of the bayonet, and rebel Senators and rebel Representatives thrust into these Halls in despite of our votes, I have this to say, not boasting of peculiar personal courage, come on! lack no favors! he 1st hand of violence that shall be laid upon a member of this body or the other body will be a signal for such an uprisin of the loyal northern masses as shall teach him, whoever he may be, who puts himself at the head of the movement, that the people of the U.S. have not forgotten they are still a.free people, and that they are represented, and inten forever to be represented, by a free American Congress. [Mani festations of a lause in the ulleries.]