Mr. BUCKLAND. Mr. Speaker, thus far I have been a silent listener to the able and interesting discussions in this House upon the important and intricate questions arismg ou of the present condition of the States lately in rebellion against the national Government, contenting myself with votingiipon the various prooaitions as they have been presented oc coring to the best lights before me. I have watched and waited anxiously, hoping that the distinguished gentlemen who shape and control the legislation of this bod would be able to agree among themselves, an present for our consideration and adoption practical measures for settling and removing the difficulties now weighing heavily ii on the nation and creating intense anxiety in t ie public mind for the future integrity of the Repub ic. But; sir, apparen we are now as far from a solution of these did ficulties as wewere at the close of the 1st week in the session. We have had numerous propositions, many learned and eloquent speeches, theories upon theories from the great intellects of the House, and the Constitution has been expounded and construed by the most experienced statesmen and the profoundest lawyers; but, unfortunately, scarcely any 2 of these distinguished gentlemen to whom we have a right to look to lead us out of this slough on to solid ground agree upon anyone point. Each one seems to be so perfectly sure that he is right and all who differ with him wrong that his conse ience will not allow him to swerve from the path of duty marked out for himself. When doctors disagree, who shall decide? When gentlemen of so much learning and experience ill, differ so widely, it is ndt at all strange that common minds become confused. We must get out of this dilemma in some way. It has sometimes happened in the Army that the rank and file understood the situation and what was necessary to be done better than their officers. On one occasion a commanding officer gave orders to his engineer to brid e a stream with as little delay as possible. he learned engineer went to work getting up his plan on scientific principles, but before he had completed it the soldiers, without his knowl edge, had completed the bridge, whichanswered the purpose just as well and erha s better than the engineers bridge would have one. A little common sense is sometimes better than much learning without any practical sense with it. I believe, sir, that even our distinguished leaders might receive some profit by occasion ally listening to suggestions from gentlemen of less learning. I believe there is at least a fair share of common sense in this House outside of the brilliant circle within which the discussion of the more important measures has here tofore been mostly confined, and I hope it may hereafter be permitted to exercise its properin fluence upon the great questions of reconstruction. Among the 1st things done by this honorable body was ito place all papers and propositions ipertaining to that question in the eepin a JtCommee, without discussion d we have to wait the action of that c mittee before we can move at all. I think eappointment of such acommittee was a very properand necessary thing to be done in order to insure prompt and harmonious action in both branches of Congress. The people, however, are becoming very impatient at the dela, and do notunderstand wh Congress has nota opted some definite plan of reconstruction. They do not understan how difficult it is even for great minds to agree upon important questions. They do not appreciate the fine spun theories of Gentlemen as to the present status of the rebellious States. They know very well that certain States attempted to take themselves out of the Union and form a separate and independent government, and that the Government of the U.S., through its President and Congress, proclaimed that a State had no right to secede, and that the Union must be preserved intact. They have a pretty distinct recollection of the sacrifices they made in lives and in money to sustain the Government, and they know that the Union cause, after 4 years of terrible war, was completely triumphant; that armed rebellion hns senentirely suppressed, and that the attempt to sever the Union has failed. They fought to preserve the Union. They have done all that a patriotic people could do, and now the expect congress to pass such measures as willvsecure the [Inion from future harm. You may call them dead States or live States, or what you please, but most people believe that the States are, in some way, in the Union, and they. care as little about your calling them dead States, conquered States, or live Statesas they do about the important question whether For ney is a live due or “a dead duck.” do not propose to enter very extensively into a discussion of these questions as to the status of the rebel States. I do not consider myself capable of throwing any new.light upon the subject, nor do I consider it necessary for a properdetermination of the question whether the people of a State who have been in rebellion against the Government of the U.S. are in a condition to be restored totheir practical relations with that Government and entitled to representation in the Congress of the U.S. I object to the resolutions on Tennessee reported from the committee because they present theories and issues not necessary to the properdecision of the question whether Tennessee is entitled to representation in congress. I will ask permission to read the resolutions: Rammed by the Senate and HoRep in Congress assembled. but whereas the: people of Tennessee have made known to the Congressof the U.S. their desire that the constitutional re{on o i between on and the sentation in the Congress of the U.S., U.S. maybe fully reestablish od and did. on i thisLZddayof February, 1365b. yalarge popular vote. adopt and ratify ii constitution of government. re puhliciin in form, and not inconsistentwilh the constitution and lame of the U.S and a State governmenthas been organizedunderthe provisions thereof, which said 1 provisions and the laws passed in pursuance thereo. proclaim and denote loyalty to the bnion: and whereas the people of Tennessee are found to be in a condition to exercise the functions of a State Within this Union, and can only exorcise the sameby the consent of the lawmaking powerof the U.S.: Therefore, lfesolned, That the State of Tennessee is hereby declaredto be one of the U.S.A., on an equal [opting with the other States, upon the expresse ondition that the peopleof Tenpessee will maintain and enforce in good faith their existing constitution and lawa excluding those who have been engagedin rebellion against the U.S. from the exerciseof the elective franchise for the respect ivo periods of time therein provided for, and shall exclude the somepersonsfor the like respective periods of time from eligibility to office and the State of Tennesseeshall never assume or pay an debt or loin obligation contracted or incurred in aid of the rebel nor shall said State ever in any manner claim from the U.S., or make any allowance or compensationfor slaves emancipatedor liberated in any way whatever which conditions shall be ratified by the Legislature of Tennessee or the people thereof as the Legislature may direct, before this act shall e eEect. Mr. Speaker, the 1st Bbfection I make is to the assertion that the people of Tennessee can only exercise the functions of a State by consent of the lawmaking power of the U.S. Now, whether that be true or not in regard to the people of Tennessee, it is entirely unnecessary to assert it in determining the question whether Tennessee is entitled to repre and can do no possible good and can have no possible effect, unless it be to make or declare void all the acts done by the present government of Tennessee. The resolutions recite that the people of Tennessee have adopted a constitution and established a State government and passed laws “ which proclaim and denote loyalty to the Union." But the resolutions Virtually say that all the acts of the Legislature heretofore passed are null and void. This was undoubtedly the intention, for in a subsequent part of the resolution it is required that the legislature of Tennessee shall reenact all its laws disfranchising rebels, 830.; and further more, they require the Legislature to repudiate all rebel debts, although such debts are expressly repudiated by provisions of the constitution. oes anyone suppose that the enactment of a Legislature can add any force to a constitutional provision? Certainly no lawyer will make such a claim. Then, again, it is made a condition that the State of Tennessee shall never, in any manner, claim from the U.S. compensation for emancipated slaves. Upon what principle can.the State of Tennessee claim compensation for slaves emancipated by her own act, by her own constitution, before the emancipation amendment to the U.S. Constitution was passed? For myself, I have no fear that the U.S. will ever pay for any emancipated slaves in any State; and as to Teauesseefl do not believe any precautionary conditions are necessary. Acts of Congress and acts of State Legislatures which may be repealed by any subsequent Congress or Legislature amount to nothing as guarantees. These resolutions were intended, in my opinion, to repudiate the present government of Tennessee, constitution and laws. I cannot reconcile them with any other view. Having declared the constitution and laws of the State governrnent void for the want of the assent of congress, they go on to recognize the existence and validity of the Legislature, and authorize and require it to pass laws. Now, I would like to have some one more enlightened than I am inform me upon what principle Congress can recognize a Legislature elected without authority and without a constitution? There can he no State Legislature without a State constitution providing for it. You might as well enact, a law that this Capitol shall stand after the foundation is knocked from under it. It would have been much more satisfactory if the committee had reported in plain and direct thatthe present State government of Tennessee, having been organisedwitln out the assent of Congress, is a usurpation and that the constition and laws enacted in pub suance thereof are null and void, and then reporting n resolution or bill legalizing the present State government, or else providin for the organizing of a State government of nova. Then we could have met the question squarely. But, Mr. Speaker, I object to this covert way of establishing anybodys theory. Let us have these questions presented to as fairly and openly. I hold that the people of a State finding themselves from any cause without s. government, may organizes government and exercise the functions of a government without the as sent of Congress. Supposing after the rebels were driven from Tennessee the Government of the U.S. had withdrawn all her troops and agents from the Suite, leaving the people without even martial law, would they not have had a right to organize a gavernment? Must they be left entircly without a.government or laws until such time as Congress should see fit to authorize the organization of government? I think not, sir. If they had formed a rebellious government, or a government not republican in form, or in any respect in violation of the Constitution and laws of the U.S., then it would have become the duty of this Government to put it down. But, sir, if they had organized aioyal government, republican in form, in all respects in conformity with the Constitution and laws of the U.S., and in good faith for the purpose of sustainin the Government of the U.S., who will say that it would not have become the duty of Congress to recognize that government? Now, what are the facts in regard to the organization of the present government of Tennessee? The rebellion was crushed in that State and the rebels driven out. The people of the statewere governed entirely by martial law. Nothing could be done without the consent of military commanders. If any judges or magistrates exercised the functions of their offices it was simply by permission or order of the military commoners, and subject to their control. I commanded the district of Memphis during the year 1864. During part of that time there were some civil courts in operation by military authority, but their acts were entirely subject to and sometimes set aside by that authority. I remember instructing a justice of the peace in Memphis that he must treat black men the same as white men, and that the rule “ that the black man had no rights whicha white man was bound to rect" would not be in force in the district of empliis as long as I remained in command. lhr Now, sir, while this state of things existed in Tennessee the present State government was organized by the loyal people of the State, with the assent and by the authority of the POTUS, as Commanderin Chicf of the Army, and his subordinate military officers. It was done not only for the good of the people of Tennessee, but also to aid the Government of the U.S. to put down the rebellion. It may be urged that it is the more creature of martial law. I say in answer, that acts done within the properse ope of mar tial law arejust as valid as if done by authority of civil law, and l deny the right ofy Congress to invalidate such acts. I claim that it was perfectly competent for the military authority to organize a State government in Tennessee during the existence of martial law, as it was competent for post commanders to organize municipal governments in towns and cities in aid of their nay of governing and controlling the people, an it was done in numerous instances in the South during the war. " But whether the State or people of Tennessee are in a condition to entitle them to representation in the Co 7 s of the U.S. is another and very iffereat question. It is a question which rests with Congress alone. The 3rd section of the 2nd article of the Constitution of the U.S. says:, lil"i80.ithohdi elflsh dllromflno.to fimom the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient." By another constitutional provision the president is authorized to veto, or refuse to sign any measure sed by Congres which he is approves, an return the same for the further consideration of Congress, and then it can only become a law by receiving the votes of 2/3rds of each House in favor of its passage. Now, sir, these 2 provisions of the constitution give to the President all the power which he has over this question. It is not merely his privilege, but it is his duty, to give advice and recommend to Congress such meas ares as his judgment dictates, and no one has any more right to call in question his motives for any advice he may think proper to give, or for any recommendation he may make to congress, or for exercisin the veto power, than he as to call inquestion the motives of the learned members of this honorable body who differ so widely upon the same questions. While I think, sir, that this House has the naked power to admit representatives from Tennessee, or any of the reel States, without the concurrence of the Senate or President, I do not think it ought to admit Representatives from any State which has been in opTen rebellion against the national Government, without the concurrent or joint action of all branches of the legislative power determining that the State or the people of the State have returned to their loyalty, and that they are in a condition entitling them to be represented in the conass of the U.S. The clause in the constitution which says “each House shall be the judge of the elections, returns, and ualifications of its own members, " was not made to meet such an exigenc as is upon us now. In my humble judgment it is not applicable to the gresent case at all. It is only applicable to States and people where there is no question as to their right to elect and send Sens&Reps to Congress. If the people of a State rebel and take up arms against the Government, they certainly forfeit that right. Would the Senate have a right to receive senators, or the HoRep, from a State in rebellion? lthmk not. The people of the States lately in rebellion forfeited the right to representation in the Congress of the U.S., and I hold that they cannot resume that right until the legislative power of the Government, by proper action, restores it to them. It is a question for Congress to decide when the people of a State who have been in rebellion are in a condition to resume the right of representation, and it is a question to be determined in reference to the good of the whole country, and not upon any abstract right of the people of the particular State. There having been a time when the people of the rebellious States had not the right of representation, it follows, according to my view, that the Government must determine the time when they may resume the right. When I speak of the Government, I mean, of course, the legislative and executive Depts acting within their respective spheres. The late war, Mr. Speaker, has imposed great obligations upon the national Government, the most important and sacred of which is that of providing for the disabled soldiers, the soldiers widows, and the soldiers orphans. The Government is also bound to provide for the future protection of the lives, the liberty, and the rights of proart of the loyal white people and of the loyarco ored people of the rebellious States. Those obligations must be faith fully discharged, and 1 am not willing by any act of mine to transfer the control of the government to the party or to the men who would be likely to disregard these oblitions. Nor do 1 yet believe, Mr. Speaker, I at the President will commit so great a crime. I cannot believe that AndrewJohnson would sacrifice the interests of the Union soldiers who have so nobly fought the battles of their country, and the widows and orphans of those men Who have sacrificed their lives upon the altar of their countrys liberties. Icannot believe that AndrewJohnson will turn over to the tender mercies of their enemies the loyal people of Tennessee, whom be induced, more than any other one man, to rally around the flag of their country, and enlist and fight in the Union cause, and who have suffered more than tongue can tell. If he does, sir, he will go down in history damned with a more infamous fame than even Buchanan, the last of Democratic Presidents. Yet, Mr. Speaker, there are some who believe it, some who fear it, and some who desire it. It is not to be denied that there has existed in certain quarters a fixed purpose to brin about a breach or controversy between the President and Congress. Early in the session, the distinguished Gentfrom Pennsylvania [Mr. STEVENS] and a distinguished Senfrom Massachusetts [Mr. Sonar 2a] commenced throwing stones at the White House, and, I think, the President made a great mistake when he dese ended from his h h position to throw back at them. If he ha passed along on the even tenor of his way, aying no attentiontothem, alltheir abuse would) have had about as little effect upon him as it would for a little child to strike an ele phant with a straw. The people have great respect for the presidential office. They know the history of AndrewJohnson, and the noble stand which he took in the Senate of the U.S and elsewhere against the rebellion; and his steadfast support of the Union cause during the war is still fresh in their memories. They cannot easily be made to believe that now, after the Union cause has so gloriously triumphed in the field, this same AndrewJohnson is about to prove recrcant to the great trust so confidingly reosed in him by the great loyal constituency of the Republic. They have sacrificed 1,000s of their most precious lives; they have contributed millions upon millions of money, and they will not permit any combination of politicians to snatch from them the fruits of their victory. Let them become satisfied that the President does not intend to and will not prove faithless to the cause of the loyal people of the country, and they will stand by him, regardless of attacks from any quarter, as they stood by President Lincoln, notwithstanding he, too, was bitterly assailed by many distinguished members of Congress and politi cians. But the people had the utmost confidence in the purity of the motives and purposes of Mr. Lincoln, and I hope they will have good reason to repose the same confidence in President Johnson. The political history of this country indicates very distinctly that no public man need expect to secure the confidence or respect of any re spectable portion of the people by betraying the confidence of those who elected him to office or by falsifying the professions he made before his election. The Democrats eneour aged and lauded the defection of John T ler from the party which elected him, but their subsequent conduct showed very clearly that although they “loved the treason. they despised the traitor.” and thus it will ever be. whatever politicians may say or think, the great mass of the American people of all parties despise bad faith in public men. I make these remarks, Mr. Speaker, because I desire this honorable body, but more particularly my constituents, to understand my position, and because I intend to say and do say that I disapprove the assaults made upon the President which I have referred to. I think they were uncalled for, out of place, and added nothing to the fair fame of the distinguished gentlemen who made them. Now, sir, I do not suppose these gentlemen care a fig about my opinion or aboutwhat I say, but my constitquents do, and I mean to leave them no room to doubt as to my views upon this matter. I wish them distinctly to understand that I do not follow the distinguished chairman of the ComReconstruction in that part of his plan of reconstructing the rebellious States. It looks very much to me as if it was thought in certain quarters to bepecessary or at least politic, in order to insure the success of certain theories and plans of reconstruction, to get up a quarrel or bad state of feeling between the President and Congress and to destroy the confidence of loyal people in the President. Sir, I will not be a party to any such warfare. I am no apologist for the President. I have no personal favors to ask of him. I never asked any such favors from any President, and I never expect to; but, Mr. Speaker, the POTUS is entitled torespectful treatment in this body, composed as it is of the Representatives of the people, and especially from distinguished gent emen who are looked upon by the whole country as leaders, and who are held responsible for the character of its proceedings. I never had any taste or disposition for paying court to men in high places, and perhaps I have not as much veneration for the great experience and eminent abilities of the distinguished chairman of the reconstruction committee as I ought to have, but if that be so it is my misfortune. I cannot help it. I trust, Mr. Speaker, that we shall decide the question of the admission of representation from the State of Tennessee upon its merits, uninfiuenced, one way or the other, by feelings of hostility to the President or to the Presidents policy; and I hope, sir, that no one will be moved to oppose the admission of Representatives from Tennessee because the present State government of Tennessee was organized while AndrewJohnson was military governor of that State, or because he was in some measureinstrumental in bringing it about and approved it as military governor. It must be remembered that Governor Johnson was a subordinate officer of President Lincoln, and that President Lincoln directed and approved his acts in that regard. President Lincoln was responsible for the present State government of Tenuessee, and not AndrewJohnson, and it was organized with his approbation and in accordance with his known Holley. If we repudiate it we are not repu iating the doings or policy of AndrewJohnson merely, but also the doings and policy of President Lincoln. I take it, sir, that no man will ven ture to go before the people and impugn the motives of President lincoln for this polic, or undertake to convince them that it ougit to be repudiated because it has been adopted by his successor. Mr. Speaker, the facts cited in the resolutions of the committee, and the evidence taken before the committee and re.orted with the resolutions, the well known history of the loyal people of Tennessee, their constant devotion to teUnion cause, their trials, their sacrifices, the number and services of their soldiers in the Union Army, and the welfare of the whole country, in my opinion, demand at our hands an early recognition of the present State government of Tennessee and the admission of her Sens&Reps into the Congress of the U.S. without imposing any further conditions. If the faithfulness ot the loyal. people ofTennessee through all the dark days oi the war does not entitle them to the confidence of the national Government, when, I ask, will you find in any State lately in rebellion the some number or the same proportion of the people in whom you canplace any confidence? blot, sir, during the presentgeneration, if ever. Refuse to recognize the present government of Tennessee and you strike a fatal blow at loy alty in that State, and in all the other States. Ifyou wish to keep up and increase loyal sentiment at the South, you must trust, encourage, and support it wherever found. It is not only for the interest of the loyal people, but for the interest of all the people of ennessee, that the controversy as to the government of that State should be settled as soon as practicable that their minds may be put at rest on that subject. Hear what Major General George H.Thomas, commanding that Dept, says. I quote from his testimony before the committee: "quention.80far as your knowledic and observation extend, what is the condition of the popularsen “ment in the State of Tennmsee.so far as it relates to the Federal Government and the rights of the Union people and of the freedmen? "Annoer. I have studied the condition of affnirs in Tennessee pretty carefully, and have had practical demonstration of the condition of affairs there; having, in addition to the information I have de rived from personal observation, such information as I have received from other sources. The Union sentiment in Tennessee, of course, has beenstillicient to place the State in its presentfuvornble condition toward the Government, and, if protected and encouragedby the presenceof a small Union force.it will gain the completease endencyin the State in the courseof a year or two. I do not think it would be safe at this time to removethe national troopsfrom Tennessee or to withdraw martial law, or to restore the “writ of ltflbeCUcoI rpusto its full extent. By Mr. Guinea: “Question. You say you believe that there is a raduiil improvement going on in Tennesseeas to loyalty! “Aiinwrr. Yet}, sir. “Question. Will you givo your opinion asto whether the admissioninto Congress of the Representatives from Tennessee would tend to encourage the loyal people of Tennessee and strengthen the feeling of loyally in that State? “Answer. I think it would be very much. It would not only encouragethe loyal people to exert themselves, but it would encourage the rebels to return to their loyalty. becausethey would see that their chancesand hopesfor another outbreak wero pass in away from them. Iflyou will permit me to give at ditional reasons why think the delegation from Tennessee should be admitted I will do so. “ Question.Certainly; state any reasons you may de“sire to state. Armour. I think the delegation from the state of Tennesseeshould be admitted into Congressfor the reason that that State, of her own accord, has comlied with every instruction of the President and as done all that it was believed it would be necessary for her to do in order to gain admission into Congress. All that they have done of their own accord in Tennessee. They have repudiated the rebel debt; they have abolished slavery, and also adopted the constitutional amendment upon that subicct; they have passeda franchise law prohibiting from voting everyiuan who hasbeenengagedin the rebellion; and I believe they have now passeda bill giving the negro the right to testify in the courts; and all the members elected to Congress can take the test o atli, both Sens&Reps: and iftheir Representatives shall be admitted into congrossit willboa precedentfor all the southern States: they can see at once the reasonswhy the Tennessee members are admitted, and that if they expect their dmeniliers to be admitted they must do as she has one. All the Witnesses examined by the committee express substantially the same views. I Will claim the indulgence of the House for reading one more extract, from the testimony of Brevet Major General Clinton B. Fisk, assmtant commissioner of the Bureau of breedinen, Refu ees, and Abandoned Lands for the States of entueky and Tennessee: “Question. As the Legislature of Tennessee has adopted the principal measures, if not all of the mciis nrcs. Recommended by the POTUS, and they have elected membersof Congress, will you statewhetheror not you believe their admission into seatsin Congresswould tend to encourage and increase the spirit of loyalty in Tennessee, and of attachmentto the General Government? Aimqcr. My own opinion about that is this: the State of Tennessee occupies altogether a dilicrent position from that of any State below. In the 1st place, Tennessee abolished slavery by her own actions; she elected a Governor by the people; sherepu diated the rebel debt; she ratified the constitutional amendment abolishing slavery and did all that without executive indication or inauguration. Tennes sAelel furnished 1,000sfor the defenseof the union. thlSis to her advantage: and wereI a member of tIhe Senate or HoRep of Congress, would vote mostcheerful y to admit the delegation from Tennessee, believing that in so doing I would be takinga stepthat would increase the loyal sentiment of the btatc, and which would promote the tranquillity and prosrfirity of theState. I speak now of Tennessee. “By Mr. Gillan “.82. "Question.on discriminate between Tennesseeand the more southern States? “Armour. do." Mr. Speaker, there is the whole case in a nut shell; and it is perfectly clear to my mind that every conSideration of policy and Justice and the good of the whole country require that congress. Without unnecessary delay, should recovene the loyal government of Tennessee by a mitting her Sens&Reps into Congress, and that that government should be sustained by all the influence and power of the national Government. Believmg, as do, that the case of Tennessee ought to be decided upon its own merits, without reference to any conditions which might be thought necessary to rescribe for any other of the States lately in reellion, I have drawn up a resolution which, I think, meets the case and contains all that is necessary, and which propose to offer as a substitute for the committees resolution if I have an opportunity. It recites the facts stated in the resolution of the committee, and is in strict accordance with the concurrent resolution of the 2 branches of Congress, which reads as follows: “Resolved theIlounof Ifrprnenlaliorn, (the Senate concurring.) [bat in order to closeaitution upon aquestion which seems likely to distiir ) the action of the (jovernment. aswell as to quiet the uncertainty which is agitating the people of the 11 States which have been declared to be in insurrection. no Senator or Representative shall be admitted into cithorbranch of Congressfromanyof the said States until Congress shall have declared such States entitled to representation." Now, sir, according to this resolution, all that is necessary, is for Congress to declare that the State of Tennessee is entitled to Representation in the Congress of the U.S. My resolution goes further and recites the facts upon which that declaration is founded, and declares that the people of Tennessee are found to be in a condition to exercise the functions of a State within this Union. I ask that the resolution may be read.