Mr. STEWART. Mr. President, sentiments having been announced on the motion to refer this bill which I cannot indorse, I am compelled by asense of dutyto makeafew observations. I ask the indulgence of the Senate in digressing from the real question atissue for the purpose of entering my retest against the attack made by the houorab o Senfrom Massachusetts [ Mr. SUMNER upon the message of the President and the report of the Lieutenant General, and to condemn the kind of testimon used in support of that attack. But before enter intoa discussion of this evidence, I desire to make a few remarks upon the great questions which have become involved in this debate. Sir, if the Senfrom Massachusetts is richt, and the evidence adduced by him establishes that the great mass of the people of the South are capable of the atrocities imputed to them by the anon ous witnesses araded before this Senate, then a union oft ese States is impossible, then 100s of 1,000s of the bravest and best of our land have fallen to no purposez then every house from the Gulf to the lakes is draped in mournin without an object, then 3000 millions ofindebtedness hangs like a pull upon the pride and prosperity of the people only to admenish us that the war was Wicked, useless, and cruel. But we are told thatal though we cannot have union, although we cannot extend the blessings of the constitution to 7 millions of our fellowcitizens who reside in the late rebel States, yet we have conquest and territorial dominion which we should per petuate regardless of ourselves and our posterity. Senators complain of the growing power of the Executive, and at the some time seek through him to govern near half the territory of the U.S. by the military, which all must see will make it the ovorshadowing power in the land. “Mr. President, have canquest and dominion been the mottoes under which millions of the loyal men of the U.S. have rallied round the flag of their country? On the contrary, have not union, freedom, and equality before the law been the words of ins iration to the soldier, who poured out his bloo as water, and to the nation, which expended its treasure as dross? Now that these sacrifices have been made and the victory won, are We not bound by every obligation which reverence for the dead, regard for the living, and fear of God can inspire, to preserve, not destroy, the Constitution and Union of these States] Thus far there are 2 plans presented to the country for the reorganization of the South. The one which finds favor in congressif we were to judge of the sentiment o that body from those who talk moshis to govern 11 States as conquered provinces by an exercise of power unwarranted by the constitution, which mustincv itab derange. if not destroy, that charter of our liberties. This plan trusts all to force, nothing to conciliation; all to revenge, nothing to charity. It treats with equal contempt the good opinion or hatred of 7 millions o American citizens. It disregardstlre example of Ireland, where the oppression of GreatBritain has produced millions of enemies, breathing ven cante from every part. of the civilized world, before whom crovmed heads now tremble. The vast armies which devour the substance ofEtirope end oppress and burden the dewmddenmasm with ruine us taxation to hold subjugated provinces subservient to despotic will, venowornring for the advocates of this scheme. But what is the evidence used to induce the Senate to believe that the exercise of this despotic power is necessary? In judging oftestimony upon ordinary subJects we take into consideration not only the facts stated, but the character and standing of the witness, his means of information, and last, but not least, his appearance upon the stand. In this great cause the Senate properly called upon the chief Executive of the nation for information: it as he a witness whose character and standing before the country would entitle his testimony to consideration I Let the voice ot a great people who haye indorsed his patriot ism and his administration answer. ere his means of information such as to entitle him to spook advisedly upon this subject? Let the machinery of Government, that collects facts from every Dept, civil and military upon the table of the Executive, answer. as not his appearance before the public in communicating this testimony to the Senate and the country such as to remove all grounds of suspicion Let the exalted tone, bold and fearless statement, pure and patriotic spirit of both his messages be his best vindication. In the 1st he says:. “I found the States suffering from the effects of a civilWar. Resistance to the General Government. appeared y to have oxhnusted itself. The U.S. had recovered possession of their Qrts and arsenals; and their armies were in the occupation of every State which had attempted to secede. Whether the temtory Within the limits of those states should be held as conquered territory, under military authority. emanating from the President as the head of the dArnjiv. was the 1st question that presented itself for ccision. "Now. military governments, established for an indefinite period, would turn offered no security fu the early suppression of discontent; would have divided the people into the vanquishers and the vanquished; and would have envenomed hatred rather t anhiive restored affection. Once established no iirccise limit to their continuance was conceivable. boy would have occasioned an incalculable and exhausting expense. Peaceful emigration to and from that portion of the country is one of the but woman that can be thought of for the restoration of bar inuny and that emigration would have been reciitc: for what. emigrant from abroad. what industrious citizen at home, would place under inilitur rule. The chief pehrlsmonSsCwlIhWolwlllollKula have follow in the train of the Army would have been dependents on the General Government, or man who expected profit from the miseries of their crrin: fwehllioewhwciotiuzeldnsh. avTehebepeonweexrserocfispeadt. Ruonndaegreth and President . over a vast and populous and naturally wealthy sreitgyi, oIn. are greater than, unless under extreme neces sbou d be willing to intrust to anyone man: they are such as, for myself. I could never. Unless on oceamons of great emergency, consent to exercise. The willful useof such powers, if oontinued through a cried of yours, would have endangered the purity of the general administration and the liberties of the States which remained loyal.” How plainly be here states the dangers of the plans proposed by those who would reduce the" South to conquered provinces, and hold them under military rule, subjugated and degraded Territories, denied all the rights and privileges of the constitution and the Union. how mod estly and patriotically he declines to assume such enormous rensibilities. Does not the iassage just, read place him before the world a is interested and competent witness upon these great questions? J He continues: “Besides, the policy of military rule over a conquered. territory would have imp iedl that the who?l inhabitants may have to. on part in the rebellion ad, by the act of those in abitnnts. Ceased to exist. But the true theory is. that all pretended not! Of secession were from the hcsrinning, null and void. The States cannot commit treason. nor screen the m; dividual citizens who may have committed treason. any more than they can make valid treaties or en gone in lawful commerce with any foreign Power. He States attempting to secgde placed themselves in a conditionWiltlo th0l Vlitality was impaired. but not extinguished their functions suspended, but not destroy. “Ilut. it; any State neglects or raflises to perform it! otfiecs there is the more need that the General Government should maintain all its authority, and 1155001! as practi n resume the (moraine of all ts funotioul. I have acted and have gradual". so v of the o "its that and gnarlMal am10m“Dalr On this principle i and quietly,niid by almost lmlklflfpllbluggf to restore the rightful encment and gf thlom States. in governors are an po or ventions called. Hover orl sighed ambled and Sens&Reps chosen to the Congress of the U.S. At the same time the courts of the U.S. asfar as could bedone have been reopened. so that the laws of the U.S. gtatss mag be enforced through their agency. The lock do has been removed, and the customhouses reestalished in ports of cat, so that the revenue of o U.S. may be colect d, The postoffice DOeapa Government mreennet wissith seoreeas by celensasabeletidvittoy, caonmdmthuenGiceante promptly with its o the er sand agents. The courts bring security to personsand property: the openingof the ports invites the restoration of industry and coinnierco; the postoffice renews the facilities of social intercourse and of business and is it not happy for us all. that the ratoration of each one of these functions of the general government brings With it a blessing to the States over which they extended? Is it not a sure promiseof harmony and renewed attachment to the nion that, afler all that has happened, the return ot the Gpperal Government is known only as a beneficenee There again he maintains a perfect consist ency with the theory of this war that it was prosecuted for the preservation of the Union, not for its destruction, or the annihilation of its component arts. But he frankly admits the difficulties whch all have felt and which all still feel. He says: “I know very well that this policy is attended with some risk: that for its succemit requires at least the acquiescence of the States which it concerns: that it implies an invitation to those States. by renewmg their allegiance to the U.S., to resume their fhnctions asStatesof the Union. Butit is arisk that must be taken; in the choice of ditheultics, it is the smallest risk; and to diminish, and, if possible, to remove all danger, I have felt it incum at on me to assert one other power of the General Government the power of pardon. As no State can throw a defense over the crime of treason, the power of pardon is exclusively vested in the executive government ol the U.S. In exercising that power, I have taken every precaution to connce tit with the clear estiecognition of the binding forceof the laws of the U.S., and an unqualified acknowledament of the great social change of condition in regard to slavery which has grown out of the war.” Upon the subject of the amendment of the constitution abolishing slavery, the President uses the following language: “The next ete which I have taken to restore the constitutional relations of the States has beenan in vitatiop to them toparticipato in the high officeof amending the constitution. Every patriot mustwish for a general amnesty at the earliest epoch consistent with the public safety. For this great and there is needof a concurrenceof all opinions, and the spirit of mutual conciliation. All parties in the late temble conflict must work togetherin harmony. It is not too much to ask, in the name of the whole people. that, on the one side, the plan of restoration shall proceed in conformity with n. willingness to cast the isordersof the past into oblivion; and that, on the other, the evidenceof sincerity in the future maintenanceof the Union shall beput beyond any doubt by the ratification of the proposed amendment to the constitution. which provides for the abolition of slavery forever within the limitsofonr country. Solong as the adoption of this amendment is delayed, solonlg will doubt and jealousy and uncertainty revai. This is the measure which will etiacethe a mum ory of the past: this is the measure which will most certainly call population and capital and security to on parts of the Union that need them most. In deed. it is not too inueh to askof the States which are now res in their places in the family of the Union to givqt (p edge of perpetual loyalty and peace. Until it is one. the past. however much we may desire it, Will not be for otten. The adoption of the amendment reunites us cyond all power of disrution. It heals the wound that is still imperfectly cIOS: it remove sslavery. The element whichhasso longperplexed and divided the country; it makesof us once more a united people, renewed and strengthened, bound more than ever to mutual affection and support. The amendment to the constitution being opt ed, it would remain for the States, whose powers have been so long in abeyance, to resume their placesin the 2 branches of the national Legislature, and thereby complete the work of restoration. Here it is for yogi, fellowcitizens of the Senate and for You. Fellow citizens of the HoRep, to Judge. each of you for yourselves. of the election returns and qualifications of your own members.” This amendment the SecyState, as provided by law, has proclaimed to the world is now a part of the constitution, and that, too, by the concurrence of several of the lately rebellious States, 8 of those States being reqpired to constitute the requisite majority. By this proclamation the honorable Secretary, whose age, learning, and eminent public services conimand respect bothat home and abroad, has unmistakably pronounced his solemn opinion that North and SCarolina, Georgia, Alabama, Louisiana, Arkansas, Tennessee, and Virginia are States in the Union. But suppose he is wrong, and they are not States in the Union no one doubts the power of Congress to make them such by recognizing them as States; and in either event we have this constitutional amendment the supreme law of the land. By it 4 million slaves are set free, and slavery piever made impossible within the limits of the U.S. But what makes this constitutional amendment a practical, living thing, is the power given to Congress to enfOrce it by appropriate legislation. It is to be hoped the exercise of this power will be rendered unnecessary by the conduct of the States concorned. The simple fact that we possess the power must have a salutary effect in constraining the local authorities to accord the freedman his natural rights. For the purpOse of asserting this power a ill is already before the Judiciary oinmittee authorizing the Presidentto continue the Freedmens Bureau in an effective form so long as abuses may exist in an of the States, and to withdraw the same whenever the good order of society and the safety of the freedmen no longer require its protection, and again to reinstate it whenever new abuses shall arise requiring the exercise of its power. Through this constitutional agency the General Government may redeem its solemn pledge of emancipatiOn, so far as to confer upon all men, without regard to color perfect equality before the law. ay not the freedmcii be as well protected, if this view of the constitutional amendment be correct, by the strong arm of the Government while we recognize no State as having been out of the Union, as by that other theory of State destruction and territorial subjection? In the one case military power may or may not be used, depending upon the good fait and fair dealing of the States themselves, which every principle of interest and humanity must induce them to exercise toward their emancipated slaves. But in the other case, military power is the cal remedy proposed; no o por tunity to do vo ntary justice is otferc, but a conclusive presumption of guilt is indul edupon evidence of unknown letterwriters. l iat more do gentlemen want than a submission to the laws and a willingness to return to the Union? Gentlemen say they wish security for the future. What security can we have that they will obey the laws more than the assurance of the chief Executive and the Lieutenant General that order and civil authority are being rapidly restored? What stronger proof can we have of their repudiation of secession than the fact that their Sens&Reps are now knockin for admission into the Halls of Congress? what stronger guarantee of the effectual abolition of slavery and the restoration to civil rights of the freedmen can be given than the pled e recorded in the supreme Law of the land proc aiming their liberty, and authorizing Congress to provide for its maintenance? For, whatever course may be pursued, it must for years he the effective power of congress, conperating with the Executive, that will protect the freedmen from oppression; and while Congress retains this power no necessity exists for treating the late rebel States as conquered provinces. Butit may be, and from the extraor (iuary course of this debate it would seem, that something more is contemplated than the restoration of the Union, the punishment of treason, the abolition of slavery, and the proteetion of the freedmen. If this were as, it could be accomplished during the present session of Congress by a cordial conperation of the various Depts of Government. 1 for one am content with this. I am anxious at once to secure the benefits of our glorious victory. i am anxious to restore the Union and the constitution, and to repudiate slavery and secession. These are renter reforms than any other age has produce; this is more progress than has been achieved since the formation of our Government. I am anxious to secure this before we attempt more. But another ste is proposed, an advanced position is assume before those already taken are secured, and that is a proposition for Universal suffrage without rer to color, to be enforced by the central avernment without regard to law. Whether this be a white mans Government or not is not the real question before ihe country; but the true question is, shall the General (imernment interfere with the right of suffrage in the States 1 whlieu this is attempted we are not only met by the prejudices, whether just or unjust, of a large majority of the white inhabitants of the U.S., but by the conscieutious opinions of the chief Executive of the nation, sustained by many of the wisest and best statesmen and jurists of the country, that the constitution has placed the question of suffrage exclusively within State jurisdiction. I do not propose to argue at length either the prejudices of the former or the constitutional objections of the latter. But we must remember that prejudice is often more powerful than reason an that it often happens that prejudice itself is founded in reason. if this is not a white mans Government, one thing is certain, that neither the black man or the red man has ever reared such a Government. it must also be remembered that this Government is still re" garded by other nations as an experiment, and its failure is confidently predicted for the reason that history furnishes no adequate proof of the eapucityof man for selfgovernment. They are not so much mistaken in their general reading as in the facts which lie at the foundation of our institutions. They forget that we are a race do sceiided from the original AngloSaxon stock, and that our ancestors learned the lessons of liberty through generations of martyrdom and have practiced those lessons for 300 years in this distant laud comparatively free from the degrading influences of arbitrary power that superior natural endowments, uuive education, and a vast and productive country have enabled us, alone, among all the nations of the earth, to sustain free. government. It may not be unjust for a people whose liberties can only be sustained by intelligence and virtue, to pause and hesitate before they in trust those liberties in the hands of 4 millions of unfortunate persons just emerged from the most degrading slavery before they shall have had an opportunity to learn the principles of that Government whose functions they are called upon to administer. This prejudice is not necessarily selfish or cruel, but it may arise from an honest desire for the preservation of our own liberties and the liberties of the race which the war has made free. However this may be, the fact still exists, that few States in the North have yet granted the right of suffrage in any form to the colored men within their borders. although those colored men are often educated, frequently more enlightened than some white men among whom they reside and while the States we represcutdeeni it inexpediciit to confer the right of suffrage upon the colored men within their borders, are we justified as their representatives in compelling the late rebellious States to confer that right upon the mass of unfortunate bluclis who have yet to learn the 1st principles of their duties and responsibilities as citizens? But lbis is not all. If we are disposed to disregard the sentiments of our cun stitueuts and the action of our State governments, shall we trample upon the constitutional right of the States to regulatethe question of suffrage, without 1st amending the constitution as provided in that instrument? This is dangerous ground and a fearful responsibility. There is no question of necessity to justify it. The Union can be restored without it. The ffeedmen can be protected without it. The honor of the nation can be vindicated without it. But in attempting it, all may be lost, and we may have despotism and anarchy, or rather anarchy and then despotism, in the place of our once glorious and prosperous Union. But before I conclude, let me once again refer to the testimony of the President and the lion tenant General to the bright prospect that is before us. The former says: "From all the information in my possession and from that which I have recently derived from the most reliable authority. I up ind to cherish th that sectional animosit is sure and rapidly mesl uis Manta almit nation, and thatrro lees. petty and humanity. mutation, connected with a properly –adjusted system of taxation. will result in a harmonious restoration of the relation of the Statesto the national Union.” GenlGrant, whose means of information are 2nd to none, except perhaps the president, being in immediate communication with the military authorities throughout the South, says: “My observations lead me to the conclusion that the citizens of the southern States are anxious to return to self –government within the Union as soon as possible; that while reconstructing. they want and require protection frpin the Government; that they are in earnest in Wishing to do what they think is required by the Government not humiliatingto them itshey citizens and that if such ae ourse was pointed out. would pursue it in good faith. It is to beregretted that there cannot be a greater commmgling at this time between the citizensof the 2 sections and pOWer particularly of those intrusted With the lawmahins Against this we have statements, extracted from letters written by persons unknown to the country or to the Senate. We have no means of judging of their character for truth and veracity, or what information they really possess, and above all of what motives induced them to write. We are not surprised at these stories, whether true or false. rgle expected. in the present disorganized condition of societ, that crimes would be committed in the Seat. We know that crimes are committed, and men talk nonsense and folly in all countries. Even in the cat Commonwealth of Massachusetts, with all er public virtues and they are manythere are records of crime and misery and it would have been stran e if in the South, with all the mad passions of the people excited by this terrible civilWar, no scenes of horror should have been witnessed since the fall of the rebellion. But it is said in some of the letter extracts read to the Senate that men in the South threaten to fight as through the ballotbox. Do we object to that? Are we not willing to submit all questions to the voice of the people? Are we not willing to be governed by the majority? Did we not fight them with the sword ccanse they repudiated the decision of a constitutional majority? Are we willin to prolong the restoration of the Union and grisk the experiment of taxation without representation for fear that the application of the rule, the voice of the majority vis law, shall drive us from power? Shall we not rather seek the perpetuation of the Union party by the accomplishment of the objects for which it was organized? Nothing but our own folly can deprive us of the rewards, due to the services which that organimtion has rendered to the country and to the cause of lib he preservation of the Union, the repudiation of secession, and the abolition of savery, the parent of secession vare great deeds; and the party thnthas achieve them, so long as itadheres to the principles ithas vindicated, will be remembere and sustained by a generous and patriotic people.