Mr. BUCKALEW. Mr. President, I understand this umendmentto be a congressional declaration, that the present State government organized in Tennessee, is a legal and valid State government under the Constitution of the U.S., and that it declares nothing else; that no conclusion will flow from it with reference to the rightof persons elected within the congressional districts of that State or possibly by its Legislature, to seats in the 2 Houses of Congress. It is, in short, in its present form, an indorsemen). of the Brownlow State governmentof Tennessee, which is organized under the most eminent blnckgnnrd of the age. Now, sir, in the form in which it stands, this proposition is, in my jud ment, offensive. It may be the more acceptable to some minds. I supposed that the general question that we were to pass upon was, the status or position of Tennessee in the Union of the American States for purposes of representation. The issue is now changed to a decision by Congress upon the validity ofan existing State government in Tennessee, but does not deal with the question of representation of the people or government of that State directly. I am very unwilling by any act of mine to declare the validity of that State government as a single and independent proposition, separated, from all others, without a more caret'u inquiry into the proceedings which have taken place in that State, and into the question of the extent to which the disfranchisement of the citizens of that State has been carried by the existin constitution as adopted and enforced. But this resolution obliges us to pass upon those inquiries and narrows the whole question to them. I understand that it is very doubtful whether a majority of the people of that State have been concerned, actively and really, in the establishment of the existing government. I know how it was formed ori ginally during the war, and I am very clear in my mind as to the view to be taken of it in all its earlier stages. In February last I had occasion to discuss in this Senate the question of the powers and character of the governments which were established in the insurrectionary States durip the war under authority of Mr. Lincoln. held then and [hold now that these State governments were in their nature local, peculiar, and provisional. Ithought that the State governments set up in Arkansas; in Tennessee, in Louisiana, and in Virginia, although legitimate and irop'er as emanations of the war power of the U.S., to be used in connection with military operations and in aid of the military power, were not valid and constitutional State governments of the ordinary kind, and the States in which they were established active members of our confederation of States. That opinion was indorsed in the most solemn manner by this Senate and by the HoRep. It was indorsed by the refusal of representation on several occasions to persons claimingto be Sens&Reps in Congress, and notably in the case of Arkansas, which was fully discussed in this Senate. Why, sir, there were but 6 votes for the admission of the persons claiming to be Senators from Arkansas, and the persons claiming to be Senators from all the other States in question were either rejected or their casesleft undeter mined. Then, again, we determined that the elections for President and VEEP, held under the authority of those military governments, were invalid, and that the electoral votes cast should not be counted in the joint convention of the 2 Houses assembled under the Constitution to ascertain and declare who were elected President and VEEP. I say, then, with inference to all those State governments established during the war, that they were military governments in their very nature. They were essentially such. they were not civil, constitutional governments, such as are known in our own fun amental law, but established and dominated by the war power of this Government. But I thought they were legitimate and proper. Why, sir, when we sent our armies into Mexico, General Scott organized or permitted the organization or continuance of local authoritiesinthe country occupied, to carry on the business of local government and to act in aid of his military authority, or, at all events, in subordination to it. He might have preserved orderand carried on local government through the commanders and forces under him; but he chose to allow this to be done by the inhabitants of that country themselves. And so while the rebellion existed and war was waged by us against it, we were at perfect libert, in conducting War operations in any seceeded State, to permit the affairs of civil life to be managed by coal authorities chosen by the people who adhered to us, or were submissive to our authority, instead of managingthem exclusively by military power directly applied. We called the governments set up State governments; but they were in fact provisional establishments destitute of the elements of permanency and independence. I think, therefore, that I was correct in asserting upon a former occasion that it was absurd to hold that “they were State governments in the ordinary sense of the term, and that the minorities who submitted to them were to be considered the whole people for purposes of representationin Congress and for participation in presidential elections.” But how stands the question since peace has returned? War ended in fact more than aycar ago, and the entire suppression of the rebellion was officially announced by the President in his proclamation of 2d of April of the present year. In some of the States the socalled “ loyal governments" set up during the war continue; at remarkable changes have taken place in their character and action. Constitutional conventions, in which the whole people or a majority of the people participate, have given them a full popular sanction and imarted to them additional validity, or there has been . such popular acquiescence in their exercise of authority that theymay be accepted as truly representing the people of the States in which Ahey are established. Now, these governments “ask recognition from Congress as real and complete State governments forall purposes whatsoever. It clearly follows, from what I have said, that the argument in their favor must be placed upon grounds which did not exist during the war. Actual independence of military control, and the acquiescence of the people of the States interested, must clearly appear to justify the full admission of their claims. However imperfect they may have been as State governments originally. however local and provisional in character and subservient to military domination formerly, they may become complete and acceptable State governments by the act or acquiescence of the people concerned, the military power formerly exercised over them being withdrawn. In this view, neither irregularity of origin nor an imperfect constitution n their earlier stages need prevent their present recognition.” Now, sir, what would be interesting, if we went into the inquiry and we must go into it if we vote upon this amendment now pending would be to ascertain the extent to which the people ofTennessee have acquiesced since the close of the war in this government which was set u during the war and controlled until the cone usion ot the war by military power. Why, sir, the other day, I understand, the Governor f Tennessee called upon General Thomasfor military aid in civil affairs in that State a omine n thing during the war and then reponded to promptly by our military commanders; but by an order from the War Dept that aid was refused. It is now understood that that government there is no longer subject to military control or domination. Our public authorities say so. They refuse to interfere in civil affairs in that State, at least to the extent demanded in the requisition to which I have alluded. But, sir, to what extent have the people of Tennessee acquiesced in this government set up over them? I am, I confess, without adequate information upon that very interesting and very vital point. I should like to obtain from the chairman of the ComJudiciary or from some other source, information as to the number of votes that have been given by the people of Tennessee upon organizing and conducting this State government which we are asked to indorsc, and us to the reportion of the opulation of that State whiic now not on y acknowledges the jurisdiction of this State government, but is authorized by it to participate in its authority and to enjoy fully the elective franchise and other privileges under it.