Mr. ORT H. I alluded to the proclamation issued to the people of NCarolina simply because it was ts1st in the series. I was aware, that all the other proclamations took the same position, and it is a position which I ven ture to affirm will receive the cool, calm, and nnanlimous verdict of approval by the American O e. Tacivil governments, then, having been de stroyed, how can they be again create, brought into existence, and restored to their “pro r ractieal relations with the Union?” Dot ey ike Minerva spring full grown out of the brain of some Jupiter, presidential or otherwise, and is no one to inquire into their paternity and see whether they come to us legitimately, or are base born bantlings whom none but selfinterested bystanders are willing to acknowled, and then merely for the sake of infinite tron lo and mischief? These States are now arising from the smoke and ashes of the rebellion, some of them so slowly that their progress is almost imerceptible, and, claiming to have reorganized their local constitutions, ask for reco nition and rentation. who is to exauiine and decide this claim the executive, the judicial, or the legislative branch of the Government? The Supreme Court has furnished an answer. During the Dorr rebellion in l RhdIsland, 2 State governments had an organized existence, both claiming to be the work of the people of that State, and questions growing out of this unsettled condition finally found solution in the case of Luther vs. Borden, 7 How ards Reports, page 42, and where the Supreme Court says: “Underthis article of the Cobstitution itrdswith Congressto decidewhich government [of thotive sot pp in RhdIsland} is the establishedone, for asthoU.S.eruarnnties to each State a republiqan government, congress must necessarily dotermme what government is establishedin a State beforeit can decidewhether it is republican or not. Whep the Sens&Repsof a State are ndnntted into the councils of the Union the authority of fire governmentunderwhich theyareap intedisrecep nized by the proper constitutional authliirity and its decision is binding on everyother Dept of the Government." 5 The duty is thus devolved upon conas and we have recently by solemn vote degiered to the country that we intend to discha a this duty in due season, deciding the case O each State upon its individual merits. While in the disduge of our dutiesh must act in accordance with ourown oohtions of right. Yet it is a pleasing reflection to the Representative to know that his action meets the approval of his constituency. That noble organization, the Union party of Indiana, which during the trying scenes of the rebellion was able to meet the open, armed traitors in the field, as well as the secret and oath bound conspiracy of the “Sons of liberty" at home, recently, in State convention, announced by resolution “That it is the province of the legislative branch of the General Government to determine the nestion of reconstructionof the Stateslately in rebellion ainst that Government, and that in the exercise of that power Congress should have inview the loy alty of the people in those States, their devotion to the Constitution and obediencoto the laws; and until the people of those states by their acts prove themselves loyal to the Government. they should not be restoredto the rights and position enjoyed and occupied by them before the rebellion." This comes to you, Mr. Speaker to myself, and to our Union colleagues, from those whose voice we are commissioned to speak in these Halls, and proves to us, ifproofwere necessary, that our constituents are as quick to perceive the true ath of national saiet as they were brave and, resolute when armed angers threatened the country. LOYALTY? Can we admit them to assist us in perfectin such measures of legislation as are demande by the extraordinar events of the last 4 years? Is the old s veliolder to be intrusted with the power of providing for the security and safet of the manumitted slave? Is the traitor, whether “ reconstructed” or not, to be transformed into the national legislator, with power to act upon such laws as the countryde mands for the punishment of treason, if not as an indemnity illr the past at least as a security.for the future? Let notthis newborn zeal and love for “ our erring brothers” carry us so far as to forget our duty to count and humanity in these hours of emergency an peril. Mercy, kindness, and conciliation are noble attributes of our nature, implanted for high and holy purposes, but like other attributes they are not to be abused. The people who have sacrificed so much, at home and in the field, are deter mined that “traitors shall be punished and treason made odious;" that these words shall have a living reality, and not to be regarded simply as the idle raporin s of the hour; that these words shall be wor s of power and of majesty, the growth and outburst of patriot ism, and nota mere fi are of rhetoric or a fee:le promise made to teear but broken to the o e. adhere let me say that the people will never forgive the public man, whatever position he may occupy, who shall be found cerelict in his duty; who shall endeavor to hug treason and traitors to his bosom and turn his back upon those who so generously elevated him to power, and who forget s in the delirium of that power the sacred principles upon which he was so elevated. But I am digressing from the question whether the people in these States manifest a properspirit of loyalty, and are in a fit condition to resume their position in the Union. Most gladl would I answer it in the affirmative could it e done without falsifing the daily and almost hourl occurrences which reach us from official an Well authenticated sources. The hope was indulged that with the surrender of the rebel armies we should also have a surrender of the rebellious spirit; that upon the dispersion of their military power the people would be relieved from what we had regarded as a military despotism, and that they would with alacrity return to their duty and allegiance as American citizens. In all these just expectations the country has been most sndl disappointed. ere I not pressed for time I could give in stances almost without number of the spirit of dislo alty and treason constantly manifesting itsel in very large portions of the rebellious district; but I must content myself to refer to afew of the most striking cases. which are, however, fully illustrative of the general feeling. B. G. Humplireys, formerly a brigadier General in the rebel service, was chosen Governor of the State of Mississippi, under the rocla motion of the President, and after his election had to seek a pardon from the President (which was granted him) before he could enter upon the discharge of his executive functions. The following extracts from his 1st message to the Legislature of Mississippi exhibit the “loyalty” of this reconstructed rebel general, namely: “Under the pressure of Federal bayonets.urn d on by the misdirected sympathies ef the wnrld in behalf of the enslaved African. the people of Mississippi. have abolished the institution of slavery and have solemnly deelnredin their State constitution that the Legislature shall providehy law for the pioteetion and security of the personand property of the freedmen of the State, and guard them and the State against any evils that may arise from their sudden emancipation." Speaking of the Freedmens Bureau, he says: I “ How long this hideous curse permitted of Henven, is to be allowed to rule and ruin our unhappy people I regret it is not in my power to give any assurance further than can be gathered from the public and private declarations of President Johnson, that the troops will all be drawn from Mississippi when in the opinion of the Government, the peace, nnd order and civil authority has been restored and can be maintained without them." Let us now pass to the State of SCarolina, and examine for a moment the “loyalty” of her reconstructed traitors. She has a governor and a Legislature, by virtue of the proclamation of the President, and is an posed by many innocent persons to be faithful y discharging her duties and obligations to lierpeople and the general Government, and entitled to take her place in the national councils. A though she is, by some, claimed to be “a State in te Union, ” yet the President, in obedience to what he conceives to be his duty to, that State, continues her under martial law, l and governs her by the strong arm of military power. I That brave soldier, GenlSickles, commands the chivalric SCarolinians and so recently as the 17th of Ianunry, 1866, elt himself compelled, by “General Orders, No. 1, ” to Wipe out a large portion of the statute laws of that State, and substitute military law, in order to insure safety and protection to her people. I Sul)JOlll a few extracts from that celebrated order: "H. All laws shallbe applicable alike to all the inhabitants. No person s iall be held incompetent to sue, make complaint, or to testify, because of color or"caste." VI. Freed persons, unable to labor. by reason of ageor infirmity and or lllHl children of tenderyears shall have allotted to t cm by owners suitable quarters on the premises where they have been heretofore domiciled as slaves until adequate provision approved b the general commanding, be made for them by t 10State or local authorities, or otherwise; and they shall not he removed from the premises, unlessfor disorderly behavior. misdemeanor, or other olfense committed by the head of a family or a.mem be“rXthIeIMr.eof." The vagrant lawspfthe state of SCarolina. applicable to free whitopersons. Will be recognized as the only vagrant laws applicable to the freedmen: nevertheless, such laws shall not be considered applicable to persons who lllO without employment. if they sha l prove that they have been pariblo to obtain employment.alter diligent charts 0(0 so. “XV. the propeif authorities of the State in the several municipalities and districts shall proceedto make suitable provision for their poOl, Without distinction of color; in default of which, the general commandingwill levy an equitable tax on persons and pro erty sufficientfor thesupport of the poor." “. V I. 10 securethe some equal justice and personal liberty to the freedmenasto at erinhabitants. no iciialties or punishments differoiit from those to which all personsare amenable, shall be imusedon freed icople; and all crimes and otfeuses which are prohi ited under (XlSilnK laws, shall be undpistood asprohibited in the case of freedmen: and if committed by a freedmen shall, upon conviction. be punished in the same manner as if committed by a white men." I submit to this House and to the country, whether it is safe to recognize the late rebel States as fully entitled to representation so long as the Presidentfinds it necessary, through his military officers, thus to abrogate their State laws and enforce a military code, in order to protect any portion of their citizens. It will not do to overlook the “Old Domin ion" lying within view of this Capitol; hence let I as see whether she, whohas been so justly and so I terribly scourged, is in any better condition than other of her " erring sisters.” She, too, is yet under the surveillanceof military authority, and so recently as the 24th of January, 1866, General Terry, who commands the “Dept of Virginia, ” felt himself called upon to set aside an act ofher Legislature, the intention and effect of which was to resuscitate the old system of slavery, by another name, in defiance not only of the constitutional amendment abolishing slavery, but also in defiance of her own State constitution on that subject. I ask the Clerk to read his order.