Mr. SMITH. Mr. Speaker, as this is the onlyoccasion probably upon which I will have an opportunity to speak outside of the regular business of the House, I avail myself of it for that purpose. I rerct that the rule has not been suspended so that I might be allowed to speak in the House and not have to come in omWhole to so what I think I ought to be entitled to say in he House. But as this is a day for general discussion, I suppose my lips may be opened and I can say pretty much what I please. Therefore, I propose to discuss the same question that is discussed here usually on Saturdays, namely, the condition of the States and the condition of the country, the position of the President and the position of congress at this time. I hold, Mr. Speaker, as l have always held, that this war through which we have just passed was prosecuted for the purpose of restoring the Union; that the action of all the 11 States which passed ordinances of secession, and which claimed to be out of the Union, was null and void; and that the entire action of Congress, all the speeches made by Union men, and by almost everybody else excc t those who were rebels and who believed in the right of secession, for there were some such on this floor, and I understand there are some such now, were made distinctly and emphatically maintaining the ground that those 11 States were not out and could not get out of the Union. They attempted to set up a government for themselves, making slavery the corner stone of that government. It was an old and favor ite plan of many people in the South. It was discussed fully, c aborately, and at length, in this Hall and at the other end of the Capitol, for a quarter of a century, and the terminatiom of that discussion brought on the war. Every loyal man in the country, North and South, and especially the loyal representatives of the people, denied the right of those States to secede, or to go out of the Union, or to do an ything by which the Constitution should be so bverted or the Government overthrown and when it was my good fortutie to enter the 38 h Congress, adarge majority of the representatives of the people sustained that idea. It was my pleasure to act with them, and to vote for men and money to suppress the rebellion and to keep these States in the Union, so as to have one rest and glorious Republic. That was the o icy pursued by the late President, Mr. Lincoln; that is the policy rsued by theipresent incumbent of the prest sgntial chair, 3. Johnson. That was in every resolution and in every speech made, even by the extremest men, upon this floor. That was the doctrine to which the Union party adhered. Now, sir, after we have pursued that line of policy and carried the war to a successful termination, and restored the Union by the supression of the rebellion, the remar able, the wonderful doctrine is propouuded on this floor in the 39th Congress that these States are out of the Union and should be kept out of the Union until members upon this floor see proor to let them come in. how, there is a plain provision of the constitution which no man can ignore, which no man can deny, and which is the substratum upon which our Government rests, and that is that there cannot possibly be a RFG unless representation accompanies taxation. The very moment this war was closed, the very moment the rebellious armies surrendered, the Government inaugurated asstem of taxation throughout the entire Sout appointing assessors and collectors in every district, who brought into the Treasury of the U.S. nearly 30 million dollars and yet it is a conceded fact. that throughout the entire South, during the war, the people were slain, their towns, cities, and houses were burned, their property was destroyed, and they were left almost entirely destitute. If this be true, and if this Congress intends to insist upon that palicy, I ask, in the name of common sense, w ong it can last. It does not follow because you admit the constitutional principle to which I have referred that rebels must represent these people in the Congress of the U.S. It does not follow that rebels shall hold o the c. It does not follow that men who have attempted to overthrow the Government shall come ere and hold seats in this House and at the other end of the Capitol. We have the determination of that question; we are to decide upon the qualifications oftbose who come here and claim seats; and I presume there is no man who has loved his country and stood by it and defended it in its hour of peril that would admit any man to a seat to represent any portion of this country, whose ban s are not clean, and cannot do, as we have all done, take an oath to support the Constitution and laws of the country, and swear that he has never uplifted his arm against the GOvernment of his country. That is not asked; it never has been asked by anyone who has been loyal heretofore to this Government; it. never has been asked by the POTUS and I submit the question now, not only to Congress, but to the country, what are you to do? What will you do? What can you do contrary to what has been done already? A policy was inaugurated by the late President Lincoln, which has been carried out. by President Johnson, under which these States have formed their organizations, and under which they are here today. Will you change that policy; and if so, how will on change it?