Mr. HOWARD. I shall feel better satisfied when I read the exact language of the President, a little more secure as to what Mr. John son actually means. But, sir, the idea of allowing a representative who swears that he is loyal to come to Congress and take his seat, for no other reason than that he swears he is loyal, while at the same time the fact is his whole constituency is disloyal, unfriendly to the Government, and indie osed to uphold it, is to me a most inexpressible absurdity. It is the character of the constituency, and the constituency alone, that is to be looked to. Only a few months ago every one of these several southern constituencies was in open rebellion against the Government. There was not a single congressional district throughout the rebellious States that did not have within its limits a large majority and the whole community had been declared public enemies by congress. I was very glad the other day to hear the lionorable Senfrom Pennsylvania, who a year or so ago had spoken so eloquently here in favor of deuLINGently with our southern brethren, who told us over and over and over again that the Union element was large and strong and powerful throughout the South, and that, in order to bring the war to a successful and speedy close, our best policy was to culti vate and befriend that portion of the rebel community I was glad to hear him, the other day, acknowledge that those Union men, once so precious and so numerous, were but rarimales in gurgite vasto; that they were few and far between, swimming, I suppose, almost out of sight of each other in the vast and storm gulf of the rebellion. We 1, sir, such is the fact. It inia fact, and it has been recognized for 4 ears ist a fact recognized by the laws of the U.S and by the decision of the Supreme Court that practically the whole southern people were hostile to the U.S., hostile to this government, anxious to overthrow it, determined to overthrow it making sacrifices beyond those ever submitte to by any other portion of the human family to overthrow, not a bad, oppressive Government, buta Government which had never been felt by them except in the benefits it conferred upon them. How vain, how idle is it to preten that within only a few months from the close of these bloody scenes it has transpired that a large majority or any majority or any considerable portion of the people of those States have become loyal and friendly to the Government, willing to go on and act the part of good citizens in upholding it and carrying out its purposes. I have been in the way of obtaining some information on the subject, which it may not be useless to lay before the Senate. I ask leave to read, for the purpose of showing what is the actual condition of the rebel population in the South, especially in Virginia, an extract from the testimony taken before the reconstruction committee of Hon. John M. Botts. The following question was put to him: "Whatil the feeling of the exrebels in Virginia generally toward the Government of the U.S. l States? He answered: "At the timeof the surrenderof GeneralLees army and the restoration of peace, 1 think there was not only a general but an almost universal acquiescenceand congratulation among the people that the war had terminated, and a large minority of themwereat lbeyastcontented, ifnotgrutitied, thatithadterininiited a restoration of the State to the Union. At that time the leaders.too. seemedto have beenentirely subdued. They had becomesatisfied that Mr. Lincoln was a noble. kind hearted, generous man. from whom they had little to fear; butwhen he wnsiissus limited and Mr. Johnson took hisplace, theyremembered Mr. Johusons declarationsin the Senateof the U.S. before the war. his own treatmentduring the war by the secessionparty, ahd his declarations alter he enineto Washington as the VEEP, in one or morespeeches. but especiallyin a speechin which he declared that treasonwas a crime which must be punished they felt exceedinglyapprehensiveforthe security of their property, as well as forthesecurityof heir lives: and amorohumble, unpreteiidingsot of e sawthan theywere at that time. tlemenlnever u tfrom the time that Mr. Johnson commencedhis indiscriminate system of pardoning all who madeapplication and from impositions which I have uo doubt were practiced, upon Mr. Johnson in pardoning the worst class of soccssionistsamong the 1st. they becamebold.inso lent, and definnl: and this was increased to a very large extent by the pennission which was immediately after the evacuation of, Richmond given by General Patrick. the Deine crnlic enpporlienil provost marshal of the army of the Potomac. to the original conductorsof the public vices bi inrcilio rebellion to reestablishtheir papers, believewithontrestriction orlimitnlionuion any oiihcproprietors; sincewtheh time I think tie spirit of disloyalty ninl disaffection hasgoneon iiicre lllKlitlyi YIll)1llHillOulby hour, until among the lenders generally theic is as much disalfectionand disloyalty as there was at any time during the war and 100fold niorctlinn there was immediate y after the evacuation and the surrender of the army. This is the conclusion to which my mind has been brought by the licentiousnessof the res, and by communicationswhich are madeto me from all parts of the State. either verbally or by letter. from the mostprominent and reliable Union sources." and suclr is the concurrent testimony of a great maiority of all the numerous witnesses examined before that committee; the great weight of proof is, that instead of producing quietude, peace and contentment in the insurrectiomizly districts, the“policy of Mr. Johnson in exteuing pardons and amnesty almost in discriniinately has had the effect to make the rebels and their friends more defiant and more contem tuous toward the GOveinment. Mr. President, I have stated that the business of reconstructing the States belongs exclusively to Congress, and not to the Executive; that that is a thing to be done by the exercise of the lawmaking power only. The POTUS cannot make laws. He has no power of legislation whatever under the Constitution. On the other hand, the Constitution itself, in its 1st article, declares emphat ically that “ all legislative powers herein ranted shal be vested in a Congress of the U.S., which shall consist of a Senate and HoRep;” leaving no resid iiuui oflegislative power to be exercised by any other fuiictionary of the Government, but giving the whole of it. without stint and in the broadest terms, to the 2 Houses of congress. Now, I ask, what power has the President y an imperial decree to re constitute, reconstruct, or rehabilitate, or recreate a State of this Union which for 4 long years had forfeited its political existence as a State by turning its arms as a community against the U.S.? What had become of these State oweis during these 4 years of war? Mr. Johnson seems to hold that these States were never out of the Union, but always in the Union.