Mr. HENDRICKS. I will answer that directly. I want to notice the position of my colleague, and in noticing that I think I shall answer the Senator iiom Wisconsin. My colleague says, taking the State of NCarolina. for illustration, that NCarolina cannot be admitted here because she has not now a valid State government which we can recognize and he argues it thus: that the government of NCarolina u to 1561 was a State government under the constitution and laws of the U.S.; that it was a valid government and a valid State constitution up to that time; then the war came and then there was a government established, he says, for the purpose of placing that State in relations with the southern confederacy, and the effect of that was to abolish, repeal, or abrogate the old law. I do not know about that. I think that the laws of a government de facto continue in force in relation to, private interests and private matters and not political at all after the government defacto is gone, and will be respected by the government de urc; but a law or constitution that is clit ica in its character, that was connected witlli the revolution, that was for the purpose of putting the State in relations with the southern confederacy, was ab initio invalid, it being part of the political machine which we do not regard as ever having had any validity. Then, I cannot quite see how an invalid constitution, established by the people during the rebellion for the purpose of placing the State in relations with the southern conlederacy, had the power and force to abrogate and abolish a constitution valid up to that time. But I do not choose to consider that question. He may be right about that. But then he says that after the confederacy fell the constitution that is now over the State of NCarolina had no legitimate origin, has no validity, and therefore oes not place the State in proor relation to the U.S. GOvernment. believe I have his assent that that is a correct statement of his proposition. Now, sir, I do not believe that President Johnson himself could establish a State government. All that he could do was under the obligation to guaranty the existence of a State and its republican form. All that he could do would be to place the people, as far as was in his power in a position to act themselves. When he does that, he appoints a provisional governor. That provisional governor calls a icgislature together. He has no power to call a Legislature; but under that cal the people elect a Legislature, and that Legislature calls a convention, if you please, or the governor calls a convention and the people of that State respond to the call, and a convention repres. ting the people fully and fairly is held for the purpose of establishing a State constitution, and that constitution is submitted to the people and approved by them in a fair vote. Vhile it might bequestioned whether the act of the governor in is proclamation for a Legislature and in his proclamation for a convention had any validity, yet, when the people acted upon it, and the peeple themselves establish a State constitution, it becomes as firm as the judgment and the will of the people can make it; and that, too, upon the common principle of law that a man may assume to be your agent and to transact your business and have no authority to do it whatever, yet if you upprove his act it becomes your valid act.