Mr. FESSENDEN. Now, sir, it will be observed that the resolution does not declare that neither body shall have the right to admit members until Congress has made a declaration upon the subject. There is nothing said about the right in any way or in any terms. It is precisely what I designated it to be the other day, a mere legislative declaration of our opinion and determination that, until Congress has declared the State (whichever one it may be that is before us) to be in a condition to be represented here, neither body will act upon the credentials of members. It will benoticed and I say this in answer to what has been said by the honorable Senfrom Connecticut [Mr. DIXON] as well as the honorable Senfrom Wisconsin, [Mr. Doo LITTLE, that in no way does the resolution touch the question, as commonly understood, of the elections, qualifications, and returns of members. It leaves that matter precisely where it found it. It does not undertake to judge on the subject or to investigate it; and, in accordance with that idea, all the credentials which have been laid before the body, instgad of bein sent to the committee, have been simply laid upon the table. Now, Senators inquire, M1 will you deprive ourselves of the power to certain things? The question of the admission of a member is in the hands of a majority of the body. majority can control it always. (Abe It can (1 it pleases with reference to it. If 0. majority of this body thinks that it is advisable that congress should 1st settle the question of the condition of the States, whether the States have placed themselves in a condition to send members here, they have the unquestionable power to lay those credentials on the table, and to keep them there until that question has been determined to their satisfaction. The Senate having that power to lay these credentialson the table and keep them there, is it a eat stretch of power, is it going beyond theirjurisdiction, to say that we will not take them from the table for it is the majority that is to deter mine the question of qualifications and every thing else until both branches have come to the conclusion that they shall be taken from the table in each branch and be acted upon? It is nothing but a legislative declaration of the course we intend to pursue with reference to the credentials that have been laid on our table, and I should like to inquire of anybody whether wehave not the perfect right to do it? Even after we have done it, after we have made that legislative declaration which I deem it important to make, because I think the power of Congress over the question of the condition Senate, I concede, can, in spite of this legislative declaration, at any moment take them from the table and act upon them without asking the consent of the HoRep, and the House can, on its own side, in spite of this resolution, if passed, take the cre dentials of those claiming to be members of that House from its table and act upon them if it pleases. There is no question about that; and therefore this resolution is precisely what I described it to be nothing in the world but a legislative declaration that we do not deem it adyisable, and do not mean, and donot intend, to act upon the question of the admission of individuals who come here claiming seats, until Congress, both branches, shall have investigated and settled the question of the condition of the States. Now, sir, for one I am free to say if matters should go so far as to show that either House was acting unreasonably, willfully, from tem per, unjustly, so as to produce improper delay, should conclude that it was time to reverse this action so far as this body was concerned. The ground on which I put this resolution originally and Congress can at any time pass a law to the same effect if it pleases was simply that we owed it to ourselves that this matter should be properly investigated, should be investigated Ty both branches, should be investigated in such a manner as to enable us to come to a conclusion which should be satisfactory and that it had better be done by a JtCommee of both branches, because it would be a very serious matter if one branch was to come to one conclusion and admit members, and the other branch was to come to the opposite conclusion and refuse to admit members. Under the circumstances by which we are surrounded, I have thought that Congress, by the concurrence of both branches, should 1st settle the question which lies at the foundation, whether the States were in a condition and had the right as well as the power (if you choose to admit that) to send members here. Gentlemen have not chosen to discuss that question; but how has this resolution been met? By the talk of my honorable friendfrom Connecticut that we refuse to act, and under take to commit to another bod what is peculiarly within our province. they have taken it for granted that we had asserted that all the Senate could do as a Senate acting separately was to examine into the mere fact of elections and qualifications. That is a broad assertion. Sir, nobody has pretended that the Senate had not the perfect power and right by itself, when it was looking into the question of the election and qualification of members, to look and see what was the authority under which they came, what was the body which elected them, whether that body was legally and correctly organized and had a right to elect, and every question of that descrition. I have not contended for any such thing, nor has any Senator, to my knowledge, contended for any such thing. All we have contended for was, that in the peculiar circumstances of the country, with these great questions pressing upon us, ip View of the danger that a different conclusion might be arrived at in one bod from that reached in the other, it would be advisable and sensible and proper, and in fact I think it our duty, and have t ought so from the be inning, that both branches of Congress shoal investigate the subject delib erately and fairly, and cundidl come to a conclusion upon which both branches might agree, and that preliminary question being settled, then each branch should take up the question of the individuals and examine into their elections and qualifications, and act upon that question as it might be presented. That is the simple question before the country, and I do not wish it to be misrepresented or misunderstood, for I was among the 1st men that said I never would consent in any way to put the credentials of our members, and the right of individuals claiming seats in the senate, into the hands of any other body. But there is a great question which lies at the , fouu with what impatience, at such an hour as this, of these States has been questioned we, as a dation of the whole which should 1st be raver litigated. That I say now, and Ibel.iev ecommon sense sustains me in it, although I Will not say. as the Senfrom Pennsylvania said several times, as I understood him in the course of his speech today, “ I have conclusively proved” it, because it is not for me to assume t athbut I say I have no doubt of the correctness of the proposition. Th e honorable Senfrom Wiscous1n nt tucks this resolution on the ground that it IS a violation of the Constitution. I believe the Senfrom Maryland did not attempt to us sume that ground. New, I call the attention of the Senfrom Wisconsin to something that has been done heretofore. I find onour records a bill offered to this body, and acted upon, which reads as follbws: “ That when the inhabitants of any Smtohnve been geclared in a state ofinsurrcctron against the U.S. by proclamation of the President. by fbrceund virtue of the notentitled Au not further to provide for the collection of duties on imports and for other purposes.a provedJul 13.1861.they shall be and reereby colored to e. incapable of casting any vote for electors of President or VEEP or of electing Senatorsor Repro lentalives in Congress, until said insurrection in said State is suppressmlornbnndonedandsaid inhabitants have returned to their obedienceto the Government of the U.S. nor until such return to obedienceshall be declared by proclamation of the Pros ident. issued by virtue of an act of Congress, hero after to be passed.authorising the same." Now, should like to know if the Senator can drawn distinction, so far as constitutionality and right are concerned, between. that proposition and this TOSOIUUOD. They shall not, any of them, be admitted until the President. by prom lnmation issued in pursuance of an act of congress authorizmg the same, shall have settled that question. So says the proposition. Well, who voted for that?