Mr. STEVENS. A candid examination of the power and proper principles of reconstruction can be offensive to no one, and may possibly be profitable by exciting inquiry. One of the suggestions of the message which we are now considering has special reference to this. Perhaps it principle most interesting to the people at this time. The President assumes, what no one doubts, that the late rebel States have lost their constitutional relations to the Union, and are incapable of representation in Congress, except by permission of the Government. It matters but little, with this admission, whether you call them. States out of the Union, and new conquered territories or assert that because the constitution forbids them to do what they did do, that they are therefore only dead note all national and political intuition, an will remain so until the Government shall breathe into them the breath of life anew and permit them to occupy their former position. In other words, that they are not out of the Union, but are only dead carcasses lying within the Union. In either case, it is very plain that it requires the action of Congress to enable them to form a State government and send representatives to Congress. Nobody, I be believe pretends that with their old constitutions and frames of government they can be permitted to claim their old rights under the Constitution. They have torn their constitutional “555 States into atoms, and built on. their foundations fabrics of a totally different character. Dead men cannot raise themselves. Dead States cannot restore their own existence “as it was.” Whose especial duty is it. to do it? In whom does the constitution place the power? Not in the judicial branch of Government, for it only adjudicates and does not prescribe laws. N 0t in the Executive, for he only executes and cannot make laws. Not in the CommanderinChief of the armies for he can only hold them under military rule until the sovereign legislative power of the conqueror shall give them law. There is fortunately no difficulty in solving the question. There are 2 provisions in the constitution, under one of which the case must fall. The 4th article says: “New States may be admitted by the Congress into this Union. In my judgment this is the controlling provision in this case. Unless the law of nations is a dead letter, the late war between 2 acknowledged belligerents severed their original compacts, and broke all the ties that bound them together. The future condition of the conquered power depends on the will of the conqueror. They must come in as new States or remain as conquered provinces. Congress the Senate and HoRep, with the concurrence of the President is the only power that can act in the matter. But an pose, as some dreaming theorists imagine, that these States have never been out of the Union, but have only destroyed their State governments so as to be incapable of political action; then the thumb section of the 4th article applies, which says:, ” The U.S shall guaranty to everyState In this Union a RFG.” Who is the U.S.? Not the judiciary; not the President; but the sovereign power of the people, exercised through their representatives in Congress, with the concurrence of the Executive. It means the political Government the concurrent action of both branches of Congress and the Executive. The separate action of each amounts to nothing, either in admitting new States or guaranty in republican governments to lapsed or outlawed States. Whence springs the preposterous idea that either the President, or the Senate, or the HoRep acting separately, can determine the right of States to send members or Senators to the Congress of the Union To prove that they are and for 4 ye have been out of the Union for all legal purposes, and being now conquered, subject to the absolute disposal of Congress, I will suggest a few ideas and adduce a few authorities. 1f the socalled “confederate States of America” were an independent belligerent, and were so acknowledge by the U.S and by Europe, or had assumed and maintained an attitude which entitled them to be considered and treated as a belligerent, then, during such time, they were precisely in the condition of a foreign nation With whom we were at war; nor. need their independence as a nation be acknowledge by us to produce that effect. In the able opinion delivered by that accomplished and loyal jurist, of individuals is a very injurious and groundless fallacy. Individuals cannot make war. They may commit murder, but that is no war. Communities, societies, States, make war. Phillimore says, (volume 3, page 68:) “War between private individuals who are members of society cannot exist. The use of force in such a case is trespass and not war.” But why appeal to reason to prove that. the seceded States. made war as States, when the conclusive of law of the Supreme Court is at hand? In e prize cases already cited, the Supreme Court say:.” Hence. in organizing this rebellion, they have acted as States claiming to be sovereign over all persons and property Within their respective limits and asserting a right to absolve their citizens from their to the Federal Government. Several of those States have combined to form a new confederacy claiming to be acknowledged by the world a sovereign State. Their right to do so is now being decided by wager of battle. The ports and territory of each of those States are held in hostility to the General Government. It is no loose unorganized insurrection, having no defined boundary or possession. It has a boundary marked bylines of bayonets and which can be crossed only by force. South of this line is enemies territory, because it is claimed and held in possession by an organized hostile and belligerent power.” A in, the court say, what I have been frequently reiterated since by the SCOTUS In Mr. Alexanders case (2 Wallace, 419) the present able Chief Justice, delivering the opinion of the court, says: “We must be governed by the principle of public law so often announced from this bone as applicable to civil and international wars. that all the people of each State or district in insurrection against the U.S. must be regarded as enemies until by the action of the Legislature and Executive, or that relation is thoroughly and permanently changed.” Afier such clear and repeated decisions it is something worse than ridiculous to hear men of respectable standing attempting to nullify the law of nations, an declare the SCOTUS in error, because as the constitution forbids it, the States could not gout of the Union in feet. A respectable gentleman was lately reciting this when he suddenly stopped and said, argument, ” Did you hear of that atrocious murder committed in our town? A rebel deliberately murdered a Government official.” The person addressed said, “I think you are mistaken.” “ How so? I saw it myself.” “You are wrong, no murder was or could be committed, for the law forbids it.” The theory that the rebel States, for 4 years a separate power and without representation in Congress, were all the time cre in the Union, is a good deal less ingenious and respectable than the metaphysics of Berkeley, which proved that neither the world nor any human was in existence. If this theory were simply ridiculous it could be forgiven; but its effect is deeply injurious to the stability of the nation. I cannot doubt that the late confederate States are out of the Union to all intents and purposes for which the conqueror may choose so to consider them. But on the ground of estoppel, the U.S. have the clear right to elect to adjudge them out of the Union. They are estopped both by matter of record and matter. One of the 1st resolutions passed by seceded SCarolina in January, 1861, is as follows: "Resolved, That the separation of SCarolina from the federal Union is final, and she has no further interest in the constitution of the U.S.; and that the only appropriate negotiations between her and the Federal government are as to their mutual relations foreign States.” Similar resolutions appear upon all their State and confederate government records. The speeches of their members of congress, their generals and executive officers, and the answers of their government to our shameful suing for peace, went upon the defiant ground that no terms would be offered or received except upon the prior acknowledgment of the entire and permanent independence of the confederate States. After this, to deny that we have a right to treat them as a conquered belligerent, severed from the Union in fact, is not argument but mockery. Whether it be our interest to do so is the only question hereafter and more deliberately to be considered. But suppose these powerful but new subdued belligerents, instead of being out of the Union, are merely destroyed, and are now lying about a dead corpse, or with animation so suspended as to be incapable of action, and wholly unable to heal themselves by any unaided movements of their own. Then they may fall under the provision of the constitution which says “the U.S shall guaranty to every State in the Union a RFG.” Under that power can the judiciary, or the President, or the CommanderinChief of the Army, or the Senate or HoRep, acting separately, restore them to life and readmit them into the Union? I insist that if each acted separately though the action of each was identical with all to others, it would amount to nothing. Nothing but the joint action of the 2 Houses of Congress and the concurrence of the President could do it. If the Senate admitted their Senators, and the House their members it would have no effect on the future action of Congress. The 40th Congress might reject both. such is the ragged record of Congress for the last 4 years. i In Luther vs. Borden (7 Howard, 142) the Supreme Court say: "Under this article of the constitution the one above cited] it rests with Congress to decide what government is the established one in State. For the U.S. guaranty to each State a r government. congress must necessarily what government is established in the State before it can determine whether it is republican or no Congress alone can do it. But Congress does not mean the Senate, or the HoRep, and President, all acting severally. Their joint action constitutes Congress. Hence a law of Congress must be passed before any new State can be admitted; or any dead ones revived. Until then no member can be lawfully admitted into either House. Hence it appears with how little knowledge of constitutional law each branch is urged to admit members separately from these destroyed States. The provision that “ each House shall be the judge of the elections, returns and qualifications of its own members, ” has not the most distant bearing on this question. Congress must create States and declare when they are entitled to be represented. Then each House must judge whether the members presenting themselves from a recognized State possess the requisite qualifications of age, residence, and citizenship; and whether the election and returns are according to law. The Houses, separately, can judge of nothing else. It seems amazing that any man of legal education could give it any larger meaning. It is obvious from all this that the 1st duty of Congress is to pass a law declaring the condition, of these outside or defunct States and providing proper civil governments for them. In ce the conquest they have been governed by martial law. Military rule is necessarily despotic, and ought not to exist longer than is absolutely necessary. As there are no symptoms that the people of these provinces will be prepared to participate in constitutional government for some years, I know of no arrangement so groperfor them as territorial governments. here they can learn the principles of freedom and eat the fruit of foul rebellion. Under such governments, while electing members to the territorial Legislatures, they will necessarily mingle with those to whom Congress shall extend the right of suffrage. In territories Congress fixes the qualifications of electors; and know of no better place nor better occasion for the conquered rebels and the conqueror to practice justice to all men, and accustom themselves to make and to obey equal laws. As these fallen rebels cannot at their option reenter the heaven which they have disturbed, the garden of Eden which they have deserted, and flaming swords are set at the gates to secure their exclusion, it becomes important to the welfare of the nation to inquire when the doors shall be reopened for their admission. According to my judgment they ought never to be recognized as capable of acting in the Union, or of be in counted as valid States, until the Constitutions all have been so amended as to make it what its framers intended; and so as to secure perpetual ascendancy to the party of the Union; and so as to render our republican Government firm and stable forever. he 1st of these amendments is to change the basis of representation among the States from Federal numbers to actual voters. Now all the colored free men in the slave States, and 3/5ths of the slaves, are represented, though none of them have votes. The States have 19 representatives of colored slaves. If the slaves are now free then they can add, for the other 2/5ths, 13 more, making the slave representation 32. I suppose the free blacks in those States will survive at least 5 more, making the representation of non-voting people of color about 37. I The whole number of representatives now from the slave States is 70. Add the other 2/5ths and it will be 83. If the amendment reveals, and those States withhold the right of suffrage from persons of color, it will denot about 37, leaving them but 46. With the basis unchanged, the 83. southern members, with the Democrats that will in the best times be elected from the North, will always have them a majority in Congress and in the electoral College. They will at the very 1st election take possession of the White House and the hall so Congress. I need not depict the rain that would allow. Assumption of the rebel debt or of the Federal debt would be sure to allow. The oppression of the freedmen; the reamendment of their State constitution s, and the reestablishment of slavery would be the inevitable result. That they would scorn and disregard their present constitution s, forced upon them in the midst of martial law, would be both natural and just. No one who has any regard for freedom of elections can look upon these governments, forced upon them in duress, any favor. If they should grant the right of suffrage to persons of color, I think there would always be Union white men enough in the South, aided by the blacks, to divide the representation, and thus continue the Republican ascendency. If they should refuse to thus alter their election laws it would reduce the representatives of the late slave States to about 45 and render them powerless for evil. It is plain that this amendment must be consummated before the defunct States are admitted to be capable of State action, or it never can be. The proposed amendment to allow Congress to lay a duty on exports is preciselyiu the same situation. Its importance cannot well be over stated. It is very obvious that for many years the South will not pay much under our internalrevenue laws. The on article on which we can raise any considered amount is cotton. It will be grown largely at once. With ten cents a pound exported it would be furnished cheaperto foreign markets than the could obtain it from any other part of the world. The late war has shown that. 2 million bales exported, at 500 pounds to the bale, would yield $100,000,000. his seems to be the revenue we shall from the South. Besides it would be a to that amount to our domestic man actors. other proposed amendmentsto make all laws uniform; to prohibit the assumption of the rebel debtare of vital importance, and the only thing that can prevent the combined forces of copperheads and secessionists from legislating against the interests of the Union whenever ey may obtain an accidental majority. But this is not all that we ought to do before these inveterate rebels are invited to participate in our legislation. We have turned, or are about to turn, loose 4 million slaves without a but to shelter them or a cent in their pockets. The infernal laws of slavery have prevented them from acquiring an education, understanding the commonest laws of contract, or of man aging the ordinary business of life. This Congress is bound to provide for them until they can take care of themselves. If we do not furnish them with homesteads, and hedge them around with protective laws; if we leave them to the legislation of their late masters, we had better have left them in bondage. Their condition would be worse than that of our prisoners at andersonville. If we fail in this great duty now, when we have the power, we shall deserve and receive the execration of history and of all future ages. 2 things are of vital importance. So to establish a principle that none of the rebel States shall be counted in any of the amendments of the constitution until they are duly admitted into the family of States by the lawmaking power of their conqueror. For more than 6 months the amendment of the constitution abolishing slavery has been ratified by the Legislatures of 3/4ths of the States that acted On its passage by Congress, and which had Legislatures, or which were States capable of acting, or required to act, on the question. I take no account of the aggregation of white washed rebels, who without any leal authority have assembled in the capitals of tolate rebel States and simulated legislative bodies. Nor do I regard with any respect the cunning byplay into which they deluded the SecyState by frequent telegraphic announcements that “ SCarolina had adopted the amendment, ” “ Alabama has adopted the amendment, being the 27th State, ” This was intended to delude the people, and accustom Congress to hear repented the names of in truth they have now no more existence than the revolted cities of Latium, 2/3rds of whose people were colonized and their property confiscated, and their right of citizenship withdrawn by conquering and avenging Rome. It is equally important to the stability of this Republic that should now be solemnly decided what power can revive, recreate, and reinstate these provinces into the family of States, and invest them with the rights of American citizens. It is time that Congress should assert its sovereignty and assume something of the dignity of a Roman senate. It is fortunate that the President invites Congress to take this manly attitude. After stating with great frankness in his able message his theory, which, however, is found to be impracticable, and which I believe these extinct States as if they were alive; when, very few now consider tenable, he refers the whole matter to the judgment of Congress. If Congress should fail firmly and wisely to discharge that high duty it is not the fault of the President. This Congress owes it to its own character to set the seal of reprobation upon a doctrine which is becoming too fashion he, and unless rebuked will be the recognized principle of our Government. Governor Perry and other provisional governors and orators proclaim that “this is the white mans Government.” The whole copperhead party, pandering to the lowest prejudices of the ignorant, repeat the cuckoo cry, “This is the white mans Government.” of all parties, even some high in authority, gravely shout, “This is the white mans Government.” What is implied by this? That one race of men are to have the exclusive right forever to rule this nation, and to exercise all acts of sovereignty, while all other races and nations and colors are to be their subjects and have no voice in making the laws on choosing the rulers by whom they are to be governed. Wherein does this differ from slavery excepting degree? Does not this contradict all the is instinctive principles of the DeclarIndep? When the great and good men promulgated that instrument, and pledged their lives and sacred honors to defend it, it was supposed to form an epoch in civil government. before that time it was heldthat the right to rule was vested in families, dynasties, or races, not because of superior intelligence or virtue. but because of a divine right to enjoy exclusive privileges. Our fathers repudiated the whole doctrine of the legal superiority of families or races and reclaimed the equality of men before the law. Upon that they created a revolution and built the Republic. They were prevented by slavery from perfecting the superstructure whose foundation they had thus broadly laid. For the sake of the Union they consented to wait, but never relinquished the idea of its final completion. The time to which they looked forward with anxiety has come. It is our duty to complete their work. If this Republic is not now made to stand on their great principles, it has no honest foundation, and the Father of all men will still shake it to its center. If we have not yet been sufficiently scourged for our national sin to teach us to do justice to all Gods statures, without distinction of race or color, f must expect the still more an offended Father, still increasing is inflictions as be increased the severity of the leagues of Egypt until the tyrant consented to lie justice and when that tyrant repented of his reluctant consent, and attempted to reenslave the people, as our southern tyrants are attempting to do now, he filled the Red sea with broken (and drowned horses, and strewed the shores with dead carcasses. Mr. Chairman, I trust the Republican party will not be alarmed at what I am saying. I do not profess to speak their sentiments, nor must they be held responsible for them. I s for myself, and to be the responsibility, and will settle with my intelligent constituents. This is not a “White mans Government, ” in the exclusive sense in which it is used. To say so is political blasphemy, for it violates the fundamental principles of our gospel of liberty. This is mans Government; the Government of all men alike; not that all men will have equal power and sway within it. Accidental circumstances, natural and acquired endowment and ability, will retheir fortunes. But equal rights to all the privileges of the Government is innate in every immortal being, no matter what the shape or color of the tabernacle which it inhabits. If equal privileges were granted to all, I should not expect any but white men to be elected to office for long ages to come. The prejudice engendered by slavery would not soon permit merit to be preferred to color. But it would still be beneficial to the weaker races. In a country where political divisions will always exist, their power, with just white men, 1865. 75 would greatly modify, if it did not entirely prevent, the injustice of majorities. Without the right. of suffrage in the late slave States, (I do not speak of the free States.) I believe the slaves had far better been left in bondage! I see it stated that very distinguished advocates of the right of suffrage lately declared in this city that they do not expect to obtain it by congressional legislation, but only by administrative action, because, as one gallant gentleman said, the States had not been out of the Union. Then they will never get it. The President is far sounder than they. He sees that administrative action has nothing to do with it. If it ever is to come, it must be constitutional amendments or congressional action in the Territories, and in enabling acts. How shameful that men of influence should mislead and miseducate the public mind They proclaim, “This is the white mans Government, ” and the whole coil of copperheads echo the same sentiment, and upstart, Jealous Republicans join the cry. Is it any wonder ignorant foreign and illiterate natives should learn this, and be led to despise and maltreat a whole race of their fellowmen? Sir, this doctrine of a white mans Government is as atrocious as the infamous sentiment that damned the late Chief Justice to ever last in fame; and, I fear to everlasting lmoved that the committee do now rise. The motion was agreed to. So the committee rose and the Speaker having resumed the chair, Mr., of Hi reported that the ComWhole on the state of the Union had had under consideration the Union generally and particularly the annual mas o of the POTUS, an had come to no resolution thereon.