Mr. STEVENS. Iknow the gentleman issat isiied now it is all a hoax. [Renewed laughter.3 But I will proceed, sir. I am glad to fin the President is not in they dilemma in which these gentlemen would put him. What he has donehas not been done to Statesin the Union, ” but to conquered provinces; and he has done it, not as President under any power in the Constitution, butas Commander in Chief of the Army, exercising military authority. In the exercise of such authority it is not surprising that he should sometimes mistake the dividing line between civil and martial law, and betempted to overstep the boundaries of authority in ur suit of what his ardent patriotism suppose to be the public good. low unfortunate these men in power cannot realize that no permanent public advantage can arise out of disregard of organic lawl Remember that I am arguing from the position of the States which the Gentlemen assume for the President, and for themselves as the Presidents friends, not from my own position. The President goes into the State of Tennessee a State in the Union say they, of course coequal with all other States he a points a provisional governor, which, if e means thereby a militar governor, he had a right to do as Common er in Chief of a conquering army, if she was a conquered territory; but as a State what right had he to appoint a governor? Whence does he derive his authority? It is not in the Constitution of the U.S. nor in the constitution of Tennessee. He put it under martial law, and then directs his governor to call a convention of certain citizens to form a constitution. He fixes the alification of voters. He finally prescribes the constitution which this convention shall adopt. Governor Brownlow in an address in forms the people of Tennessee that as they were in rebellion the President has a right to order them what constitution to adopt. Vhat a free people! What a renblican restoration! So of the others. SCarolina has a governor appointed in like manner. In rebuilding her government, as perorder, she wanted to lay a foundation, and sent word to the President stating its sha c. He orders them to give it another roun. They do so, and await his approbation. Still another, he demands to a opt the constitutional amendment. That body muster courage enough to demur to the 2nd section. Mr. Seward scolds them with imperial dignity; tells them that “appropriate legislation” is a restrainiu term; tells them that they are querulens, an orders them forth with to obe. Obedience was instantaneous thanks to e virtue of martial law and fixed ba onets! irginia had assembled the free representatives of fragments of about 11 townships out of 142 counties, elected in s ots between the contending armies on dispute round 12 men who met within the federal lines, called itselfa convention, formed a constitution ordered elections the whole State, and Crovernor Peirpoint “it thing300 votes for Governor (half Yankee soldiers. I suspect) and was reclaimed in the market house of Al exan ria Governor of imperial Virginia, the motherof statesmen. In “reconstruction” the President acknowledged him as the Governor, and those 12 as the re Representatives of a million and quarter of people, and counts this Virginia as one of the 27 States that adopted the constitutional amendment. I am fon of genteel comedy, but this low farce is too vulgir to be acted on the stage of nations. Are these free republics, such as the U.S. are bound to guaranty to all the States in the Union? Should these swindles, these impos turcs, bred in the midst of martial law, without authority from Congress, be acknowledged here? But the Gentfrom NewYork says that these proceedings were bad under decrees from the President. When asked for the Presidents authority, he showed a distressing perplexity. Knowin that the Executive had no legislative powers, e derived the authority to him as commander inChicf of the armies, and these acts as flowing from the right of conquest. But the gentleman forgets that these were no conquered people, but were merely “ States in the Union ” under the paternal care of their benevolent Father. But taking them as a conquered people, (their true condition, I admit) and the President at the head of the conquering force, what right did that give him to create civil State governments or interfere with the duties of the lawmaking power of the nation? The gentleman knew that he had none. He then justifies the imposition of these governments as the terms of their surrender. be before ever heard that any such terms were proposed or accepted? GenlSherman undertoo to incorporate into the surrender of Johnstons army certain terms for the future government of the rebels; but he was quickly relieved, and the terms discarded. The gentleman says: “My impression is that theserequisitions are made a.part of the terms of surrender and it belongs to the Commonder in Chic!of the Army and Navy to fix the limits asto what they will embrace." This will be news to Grant and Sherman. “Terms of surrender" are fixed before the enemy lays down his arms, not after. Does the gentleman mean that the President is entering into a treaty and negotiating terms under the treaty making power? With whom is he negotiating? If he claims it under the treaty making power he must submit it to the Senate, 2/3rds of whom must “advise” and approve of it. I do not hear that he invokes any such aid. The gentleman is evidently at fault in tracing the source of this power to intermeddle with States in the Union.” There can be no such power. The President is made to misconceive his duties, and to treat with too little respect the powers of Congress. The gentleman can see no analogy between the commission of a crime, murder for instance, and the disruption of the Union, both being forbidden by law; the murder having been accomplished and the disruption onlyattempted. That is begging the question. We say that the severance was accomplished, and until areunion was complete defacto, we have admitted fact the law declared that result. We have cited authority. Contradict us by authority if you can. But have done with mere assertions, I pray you; that is merely the childish bandyiu of declarations. But gentlemen say that this is conceding the right of secession, and screening the rebels from punishment for treason. Need we again refute this shallow argument? We ask to punish them for the crime of secession perpetrated in not but not in law. If nothing was done, why ask their punishment? Even conservatives agree that they should be fully punished by suffering the humiliation of askin and receiving pardon. The gentleman says they have “been punished as no community was ever punished beiore for the crime of trea son which they have committed.” Of course he would require no further punishment. How were they punished? Not by anything which the law punishment. j Being defeated in war is not punishment, except in the language of the pugilist, whose antagonist is said to be “punished” when he is knocked down. I do not agree with the gentlemen who sympathize so deeply with the rebels, “that they have been punished as a community was never before punished for treason.” Search the whole records of crime, from the rebellion of the angels and the 1st transgression of man to the present day, and you can find nowhere so great a crime so in adequately punished. A rebellion only lem guilty than that of the devilish angels was waged with fiendish cruelty against the best Government on earth until it cost that Government at least 4 billion dollars, and almost half a million of brave men, while they suffered but little more than half as much in either; and then when their arms were torn from them, they claim to be our “loving brethren, " and always “in the Union!” and the claim is allowed! What punishment has followed? All the masses were released by one sweeping decree; and almost ever since the President has been employed, it is said with several clerks and a machine, in preparing pardons for rich rebels. All who made special application must have been worth more than 20,000 dollars. While our loyal men have had their property stolen, robbed, and burned by order of these very men, they have had their property restored to them, even after confiscation; and the loyal tenants who were placed on it by Government, have been turned out to starve. Did any respectable Government ever before allow such high criminals to escape with such shameful imunity? Who has been punished for this who csale murder and plunder? One poor, insignificant, wretched foreigner Wirz) has been tried and executed for acts or which his superiors, not he, ought to be held responsible unless, indeed, this was a war of individna s and not of belligerents, as learned gentlemen contend. Then every confederate soldier was a murderer; and the high officials were innocent, as they dealt no blows, and theirs was not a governmentl If this Congress has any respect for its own prerogatives, and for the rights of the people, the punishment which so distresses the Gentfrom NewYork [Mr. RAYMOND] will not stop here. I have never desired bloody punishments to an great extent, even for the sake of example. at there are punishments quite as appa ling, and longer remembered, than death. They are more advisable, because they would reach a eater number. Stria proud nobility of their bloated estates; rence them to a level with plain republicans; send them forth to labor, and teach their children to enter the workshops or handle the plow, and you will thus humble the proud traitors. Teach his posterity to respect labor and eschew treason. Conspiracies are bred among the rich and the vain, the ambitious aristocrats. I trust yet to see our confiscation lows fully executed; and then the malefactors will learn that what congress has seized as enemys property and invested in the U.S. cannot be divested and returned to the conquered belligerent by the mere voice of the Executive. Ihope to see the property of the subdued enemy (pay the damages done to loyal men, North an South, and help to support the be! less, armless, muti lated soldiers who have been made wretched by this unholy war. I do not believethe action of the President is worth a farthing in releasing the property conquered from the enemy from the appropriation made of itb Congress. N o, sir; they have not been punised as they deserve. They have exchanged for veness with the President, and been sent on t air way rejoicing. Why say that our doctrine screens them from the punishment of treason? Need gentlemen be taught the horn book law, that in civilWars the parent Government may exercise both belligerent and sovereign rights? I trust gentlemen will not mislead the people who have not the books at hand. Still another cfltraordinary proposition HHINWB to notice. The gentleman says that if the confederate States” were a belligerent, and have been conquered by the U.S., that we became liable for the confederate debts by the law of inheritance. Will the gentleman excuse me for asking him in what book he finds any such starth ng doctrine? Who before ever conceived such an idea? The gentleman has confounded it with a iisurper, who dethrones the reigning monarch and reigns in his stead. There the Government is the same; the nation is the same; the ruler only is changed. The debts of the nation are not reu iated, but the property and liabilities of the crown at tach to the existing Government. But when one nation conquers another, it imposes such terms as it deems beneticial to itself. Assuming the belligerent debts is not among those benefits. When belligerent Europe conquered France, the allies did not assume the debts of the French nation. When belligerent America overcame the mother country and established her independence. she did noti nherit or assume the debts of great Britain. When England suppressed the great mutiny, I have notfieard that sgielfirssume or paid the debts of the court of e i. Did the Gentfrom NewYork adopt this idea from a suggestion of the learned Gentfrom Ohio? If so, I beg that gentleman to be more cautious how he drops such hetero doxies, as he sees into what painful positions he leads confiding young men. I was anxious that there should be no collision between the different branches of government, no controvers as to the rightful jurisdiction of either. Ience I construed the residents message, (after having stated his views) to refer the whole question O reconstruction to Congress, to whom it so evidently belongs. I regret to find the Gentfrom NewYork, [Mr. RAYMOND, who.with the Gentfrom Ohio, [Mr. IlhCKj are evidently on confidential termswith the President, very much impairs my hope of harmony when he says: “I cannot assentto the intimation thrown out by the Gentfrom Pennsylvania that the President concurredin the views he had expressed, or that hc hm] handed the wholesubject of ncifuing theS later latelyin rebellion and q/reatonng lie Sluice to the me (ical eltrciJe of their auction: as member; of the Mon to theI made Gmareu." I regret extremely that this authoritative declaration of the position and determination of the Executive has placed him in an attitude to which, it seems to me, that Congress cannot submit without the most humiliating surren der of its rights and dignity. I cannot believe the legislative power of this great Republic, holding their sovereignty in trust for the whole people, will, while it is in session and capable ofacting, permit any other branch of the government to fix or dictate any of the terms upon which the conquered States shall be invested with the rights of citizenship. I trust the President has been misunderstood, and that he will at once disclaim this position. Let us distinctly understand each other, in order that the different parties in this House, as well as ever other Dept of the government, may now precisely what position the other assumes. Let me ask a few plain questions and I should be glad if the gentleman would give explicit answers. 1. Do you wish the Constitution of the U.S. to be so amended as to apportion the representation among the States according to the number of actual persons instead of the present basis of Federal numbers? 2. Do you wish it so amended as to authorizeCongress to lay a duty on exports when $100,000,000 could be raised on exported cot ton to aid in paying the interest on the public debt? 3. Do you wish it so amended as to prevent the assumption of the rebel debt or the repudiation of our own? 4. Do you wish it to provide that all laws, Sltlate and national, shal operate equally 0n 3 1 Will gentlemen answer candidly whether they wish i the adoption of all or either of these amendments? Will the with equal candor say whether they " believe eit tor of them could be adopted if the l 11 confederate States were to be counted as States in making the requisite 3/4ths? The gentlemen know that neither of said amendments could then be adopted., If those amendments were desirable, will not gentlemen agree that even if we are not compelled to treat those States as out of the Union, yet that we are at liberty so to do by right of conquest? Surely the rebel States cannot gain say it, as they have uniformly taken the same position. If gentlemen will not agree to our assuming either of these propositions for the sake of perfecting our Constitution and doing some justice to the suffering North, then it is evident that, such objection comes rather from artiality to the rebels than from love of the Ilhion and a desire for the urification of our Constitution. Those who desire the elective franchise to be extended to every native born citizen of the South will find no other way ofaccomplishingit. In framin territorial governments, Congress can rovi e that all shall vote for members of the Begislature. In passing enabling acts to allow them to form constitutions, it is competent for Congress to provide for universal suffrage. Thus, no doubt, members would be chosen who would form a republican constitution. If they did not they might well be remitted to their territorial condition as Utah has been from year to year. To hope that the States when formed and admitted will ever grant that privilege is idle. To pretend that either the President or congress by direct legislation can impose it on the States is worse than idle. Gentlemen seem confident of the success of the plan of the Commander in Chief of the Army and Navy, and profess that the people will be with them. They have the great advan tage of commanding almost the whole corsof the metropolitan press, which speaks to t on sands. The people have to icl on their country or ans, too many of which are edited by otheev iolders or have the public printing. I am satisfied, from the renewed energy of those journals that worship at the shrine of power, that all the vigor of the Administration, and all the part which political magicians are master of, are to be put in requisition to conquer congress. I observe that the organ in this city, in a strong editorial this week, asserts that no considerable portion of the people have differed with the Presidents plan, whi e he well knew that no disinterestedportions except the Dem ocrats agreed to it. e people ought to know the value of such bold editorials. It may corroborate the declaration of the Gentfrom NewYork, [Mr. RAYMOND] The weather cocks are veering to the cardinal points. I understand there is but one paperin this country understood to be Union that opposes the policy of Congress. Every paperin m State, except one hermaphrodite paperin Phi adelphia, and one belligerent paperin Harris burg. edited by the postmaster, sustains congress; and every man not an applicant for power in the Republican party, from the Alle ghanies to the Delaware, every man who ever professed to be a lover of liberty, is this day for Congress, even though he may fall under the ban of the President. such, I am assured, is the case in the great Northwest, where the free winds of heaven blow over the prairies and purif the atmos phere; where sturdy men are wiling to work and not to play the s cophant. I do not speak O NewYork now in that connection, for I do not know much about her. I do not know who does. [Laughter.] They say that Secretary Seward professes to understand her; if he does, God knows he must be wiser than most men. [Renewed laughter.] Every paragraph in the papers there landing the President is the outerop of an official advertisement. I have no fear as to the final result. The people have stood too firmly and borne the bar dens of a 4 ycars war too cheerfully to be I willing to surrender the fruits ofvictory. Nor have I any fear of Congress. Members came too well fortified by the courage of their constituents to be so need or driven from their positions. I know that elsewhere, but not in this branch of Congress, the genial rays which emanate from the source of all light and warmth here will soften the spinal marrow of a few ill contrived subjects; and frequent genutlections at the footstool of power will weaken the knees of others. You can easily designate them by theirshufhing, cringing, fawning manner. The never stand erect when manhood is requir. But the number is so few that a large majority will still stand by their own honor and their countrys welfare. To you who do not desire these reforms or any of them, I say frankly, it is of no importance by whom or when or how reconstruction is effected. For in 3 short years this whole Government will be in the hands of the late rebels and their northern allies. To you who desire the above reforms or some of them, and believe them essential to the future prosperity and stability of the Republic, and, as necessary thereto, the continued ascend ency of the Union party, let me say with all earnestness. discard every idea of reconstruction which does not put the conquered territory into territorial governments. Or something eqniv alent: and thereby distinctly declare that in adopting those amendments the iraid will neither be desired nor permitted, but that when they enter the Union they will swear allegiance toa Constitution to which the consent of their Legislatures will not be asked. Seek out every other invention and mode of reconstruction which is within the jurisdiction of Congress, or the power of the Commander in Cthef, and none can be found which can secure us from rebel rule, and save the freedmen from laws more oppressive than the old slave code. had almost overlooked in very important item of the Gentfrom Ohio. Hc says if Tennessee was reduced to a Territory, AndrewJohnson would not be eligible as President. The gentleman has not well consulted the constitution. While the President must be a citizen of the U.S., he can live in a territory or even the DistCol, which was never a State. If any of you have technical scruples, you can have none as to the ower of the conqueror over the vanquished. but the Gordian knot, if you cannot untie it, and save the GREAT REPUBLIC. Mr. Speaker, I have said a great deal more than I intended. Perhaps it is a little out of place. My remarks were prepared some time ago, and I have used them now for the same reason that President Lincoln signed a bill and then sent in a veto: he liked the veto and did not want to lose it. [Laughter] I did not like to lose this speech, and so I now allow it to be embarked upon the surges of this turbulent debate.