Mr. SMITH. Not now. Mr. Speaker, Mr. Lincoln used languiige which I think it proper to read just here. think it was when e was 1st inaugurated POTUS Idid not vote for him then, but fell into the ranks and followed him afterward during the war. I think it is good authority to quote rom. I want his original supporters to go back upon him if they can, and when the war is over deny the doctrines of that great man. He said: “The right of each State to order and control its own domestic institutions according to its owujudgment exclusively is essential to the alance of power, on which the perfectionand enduranceof our political fabric depends." Now, there is no statement in that as to the number of the people who shall comse a State. I say, with aldeference to this House, Congress has violated the laws in the admission to representation to Congress from those States lately disorganized, but now ready for admission to rercsentation. If the Gentfrom Neva awere here in his seat would say that that State has not the requisite number of people to entitle it to representation upon this floor, yet she has 2 Senators and a Representative in Congress. Now, what are you to do? If you carry out the rule strictly you would have prevented that thing. If the loyal people who have maintained their alle giunce to the Government in an of these States still claim it as a State, it is a State. Now, I submit a question to the gentleman on the other side. he States have been disorganized. Their governments have been some what Subverted entirely if you please. Slavery has been overthrown, one of the fundamental institutions of each State, a constitutional provision of each State, one recognized by the Constitution of the U.S and maintained by all the laws of the Government of the U.S. There has been an entire subversion of that institution in every State of the Union. The Governorswho went into the rebellion have all been turned out of office. How? By what means? By force, by war. By mcu supplanting the principles upon which they stood before the war and repudiating the action of the Governors then elected and the Le yislatnres then in power and what do we fin today? No man on this floor has ever yet given a different construction nor can do it. There is a State government in every State lately in rebellion, n Governor, a Legislature, a judiciary, all the power which belongs to stateaunder the constitution and what is it? It is recognized as republican in form. It is considered good. But suppose you do not likeit; suppose you will not admit it as a principle upon which these States should be organized and received back into the Government: what are yon oing to do, and when are on going to do it? Ton say that the President as no power to do what he did. Why do you not uno it? You have been here 5 months. The intellect of the nation, I presume, is in this Hall and the other. The representatives of the people are here from all the districts except these 11 States. If what has been done by President Lincoln and President Johnson is not good, “111 in the name of common sense, justice, right, and constitutional law, do you not undo it and do something else that is good? Well, suppose you do undo it, what are on going to do in its place? You are bountTto have a State government, to have the same machinery there that exists now. You an that you want the rebel debt repudiated. It has been done. You say you want the constitutional amendment adopted. It has been done. You say On want loyal men elected to congress. how do you know that that has not been done in every instance? Who has determined that question? Has the legitimate power of each House investigated it, decided upon it, and reported to each House own it? The ComElections have one nothing, reported nothing on the subject. The representatives of the various States claiming to be loyal have been asking admission on this floor, and they have been rejected. Upon what ground? Congress says the States lately in rebellion are not properly organized. Why do you not organize em? What are you waiting or? You say you want to see loyalty in the South. When are you going to get it? How are you going to get it? Are on going to get it this year, or next year, or tenext, or when? Have on any assurance that you will have anymore loyalty 2, 3, 4,or 5 years hence.1866. THE gonounssiomi. omen 2097 than you have now? I can very well conceive how a man will be elected who is considered a legal man to dny, from a district in Alabama, w u can take the oath and take his seat here and vote and act with the Union men, and that at the next election they may send back another man from the same district of different aolllitics. But how are you going to avoid that st. statute will enab is none. There is but one process by which it am be remedied, by some constitutional enactment, such as was offered by the Gentfrom Illinois [Mr. BAKER] the other day. If when this Congress assembled it had passed 2 amendments to the Constitution and stopped there, I believe the country would have been quiet and restored to a degree of peace today that it will not reach for ears to come. Those 2 amendments should have been: 1. Repudintion of the rebel debt and no taxation hereafter for the pament of any portion of it. 2. That no man who had one voluntarily into the rebel army or given and comfort to the rebellion should hereafter hold an office within the gift of the Federal Government. If Co 1 ess had passed those 2 amendments to the onslitution by this time the country would have been restored to peace and quietuess, and no Representative from the robe States would have taken his sent here who was not loyal to the Government. Then those who had not used their efforts to overthrow and destro the Government would have been represents here, as they are entitled according to your Constitution, and you could have collected yon taxes with the same case that you do it now in the North. Now, I want this country to be in the hands of Union men. I want men to control it who are fitted to maintain it in the future. I want the people who have sustained it duringits dark days to pilot it in the years to come. But I assert from my place to dny, with all serious ness, and with as much earnestness and honesty, as in my judgment can be possessed by any man, that this Congress is domg a wrong which will result in injury to this great Government by denying the teat constitutional principles upon which the government of this country is founded, in refusing to a people, however rebellious they may have been, who have been whiped and completel subjugated until they laid own their armsan agreed to be obedient to the Constitution and laws of the country, a presentation in the councils of the nation where they should be heard. Gentlemen say we must punish somebody. Very well, I agree to that. The distinguished Gentfrom hfassachusetts [ML BOUTWELL] offered a resolution some days ago directing an inquiry to be made as to why some of these men have not been unisbed, and calling for the nnishment of eff. Davis and others of the eaders of this rebellion. Now that very indirection seems to be casting blame upon the President because these men have not been punished. What is the fact? The inquiry was made of the Chief Justice of the U.S. as to why he did not hold a court for the trial of those charged with treason. His reason was that martial law existed in Virginia and the other rebel States, and it was injudicious to hold a court in a State where martial law was prevailing and yet a court has been held under that same Chief Justice in the DistCol, where martial law exists, and has acted upon questions in which all the States lately in relicllion were interested. The SecyWar was called upon and he expressed the same sentiments. the president has reserved from pardon 500 leading men in the rebellion, as is well known to Congress audtothe country. Now, why do you not a JtResolution calling for the trial an execution of these traitors? Because {Zn want to dodge;it and wh? Because you c you to avoid it? There ow the POTUS has no power in him to do it; Congress alone has the rightto such laws as will provide for the trial, ndpnuotioay and punishment of these people. Why do you not introduce your law for that?