Mr. SAULSBURY. Before I proceed to reply to the remarks of the honorable senator I will state that I was surprised yesterday to liczn the honorable chairman of the ComJudiciary say, in the discussion of this question, that this section was not one which inflicted painsand penalties. He said that no case could be found, that no authority could be cited for that position. I did not interrupt him at the titne, but I will say now, before I rocced to reply to the honorable Senfrom WestVirginia, that if the honorable Senfrom Illinois, who is chairman of the ComJudiciary, had looked into the case exparte Dorsey. reported in 7 Peters’s Alabama reports, he would have found the whole doctrine explained. It was a case into which I had occasion to look tnany 'cnrs ago. He there would have seen this whole doctrine of what pains and penalties are in a legislative act, or in a constitutional prohibition. Without arguing that question I come back to my friendfrom WestVirginia. He has not answered what I said. He only says that he means something in the future; he does not mean anything that has transpired. Now, sir, what does this provision mean? Does it not mean, is it notintended to apply, to that which has transpired ‘! Are you going, and is that the object of your legislation, to provide for some contingency in the future? Is it not apparent to everybody, does not everybody know that this is not a measure to have an operation infuluro, but it is ameasure to have an operation in przzsentt', to apply to existing cases? Then, sir, I return to my original suggestion, and I call upon my honorable friendfrom WestVirginia, or anybody else, to assign a reason why it is that when a man is compelled to do an act, when he has no freedom of choice, he shall he punished for doing it. The proposed amendment only exempts from the consequences of this section those who have invo untarily done these acts. And yet, sir, we here in the year 1866, which has been illuminated b the fulmiuations which have come tip from Nyew England and the northern pulpits, the culighteninent which has been spread all over this continent, that an involuntary act, an not done against the will, contrary to the choice of the individual, is to be visited with highly enal consequences. That is your Christianity: that is your morality: that is your civilization: and on the floor of the Senate of the U.S. gentlemen who are known in the Christian world as rostrum monitors in behalf of what are called Christian principles, are found advocating such a doctrine. I so these things in no disrespect to the honorable Senfrom WestVirginia. He knows that. But, sir, the spirit, the animus of the proposition, is only the spirit, the animus that characterizes the entire legislation of Congress at the present time. 6 years ago we were a happy, united people. No people on the face of the earth in so short a time ind ever so rapidly increased in numbers and grown in power. From 13 feeble colonies we had grown to be 3odd great States. Our flag floated from ocean to ocean and from Lake to Gulf. Upon every mountain top that flag was planted, and in every valley anthems of praise to this glorious Union were sung. The burdens of government were unfelt by the humblest and by the highest citizon. Wowereut' peace among ourselves and at peace with all the worl. In those days there were some exceptions. In certain quarters of the country the Sabbath was desecrated and the nlpit dishonored by talking of grievances which nobody experienced. A remedy was sought, and the great Republican party was brought into existence to remedy those evils. It came into existence. From 1787 till 1860 we had advanced as no nation, as the history of the world will show, ever did advance. We were happy prosperou and free. The)artylo which my honorable friendfrom WestVirginia now attaches himself, and to which in former years I believe he did not Il belong, was to remove some imagined evils. It came forward and triumphed, and what have been the fruits of its trininpli‘l A dissevered Union; a war lasting for tour long years; a public debt ot'Si.UZ)0, Ut)tt,00J; every household draped in mourning; and every eye bathed in tears. That is the consolation that they have bfOll lit to us; that is the remedy they have afforded as and yct. sir, in the pride' of power and in the audacity of supposed superiority, they turn upon us, who have faithfully and consistent l stood by the Union of these States, and we hear, hissing from their voice, as the words issued from the mouth of the ser eut that uncoiled itself among the flowers of "den, “copperhead, H “rebel sympathizer.” Mr. Prestdent, I have said more than I in tended to say; but before this constitutional amendment is finally disposed of I propose to discuss certain questions here. I know what will he said about it. in certain presses of the country. I never read one of the m under any circumstances, and do not care what they say; but I know they will apply these epithets to me. But, sir, before this JtResolution is linally disposed of I prouse to discuss certain questions. I will state the questions tlmtl pru pose to discuss, and gentlemen who take exception to them may as well look up their author' ities. I say that whenever a government do facto is established, although there may be a government dejure, every person yielding obe dience to the government do is excused not to be punished for it; he is no traitor, and he is not liable to be hanged nor quartered. That is one question. I propose to discuss another question, without stating my opitnon now with reference to it: whether any man in what was called the confederate States who acted under the authority and by compulsion of that government, can be visited with punishment. My opinion of it may be inferred from the statement of the proposition; and let me say to my friends on the other side that if the propose to combat these principles, they ha better be prepared with the authorities. The principle one just mentioned is not only lounged in law, but it is founded in the touchings of the fathers. Why, sir, you are drawing a great bill of indictment in this proposition against a whole community, indicting them all us criminals, rebels, and traitors. The thing is abhorrent to the instincts of humanity. W hat, sir, indict a whole community, simply because there is an imaginary line between them, as guilty of treason; that they are all traitors, all criminals. The thing is impossible. How would you feel, sir, how should l fccl, ifa gentleman south of the Potomac, that we believed to be a gentleman, should come atid extend to us his hand? Would we not tako it? If we took it would we not take it as a gentleman? lfive believed that he was a traitor, that the crime oftreason was upon his soul, the t'catest crime known to the law, would we tiiiie his hand? Would you, sir? No, you would spuru it, and so would every honest man. I know that the sentiments that I entertain and the opinions I avow are unpopular; but what do I care about that! The onice of a man intrusted with public position is as much to make public opinion as to be governed by it. If he discharges his office correctly and hou estly, though for the moment the discharge of that dut may be unpopular, it will not belong beforethe nihlic voice will say that he is right. The rent illiculty in this whole case has been that there has been a clamor in one section of the country ugainst a subdued ntid fallen foe, and it is popular to cry out for blood and vengeance, and legislation is being shaped in conformity to that demand ofan excited public opinion. I choose to say, for one, I heed not the clamor. Let it come with the whirlwiud’s power; let it come in the tornado’s blast, let it come in the carthquake's shock; I stand unmoved amid the clamor for blood and vengeance. I heed it not. I will not listen to it. It is the voice of error; and itwill not be Ion before the American people, North and So, will awaken and h listen to the voice of reason. This cry for blood and vengeance cannot last forever. The eter v nal God, who sits above, whose essence is love, and whose chief attribute is mercy, says to all His creatures. whether in the open daylight or in the silent hours of the night, “ de charitable; be merciful." But, sir, let me make another remark in reference to this matter. It will be misinter preted, I know. My motives will be misinter reted. My position will be misinterpreted. '0 man will misinterpret it to my face. It in this: recollect that south of the Potomac upon which your amendment is to operate there is a country extensive enough for more even than one empire. It is inhabited by millions of people. They are men who have honestly engaged in resisting your authority, as you have honestly maintained your authority. By the force of arms you have overcome them. They have yielded to that power against which they could not contend. But, sir, there are 100s and 1000s and millions of women and children there who have had nothing to do in what you say was an unlawful resistance to your authority. You tax all those people. You do not allow them ti voice upon this floor. The are unheard. They cannot say a word. They have no representation here. If the eternal God was to send an archangel from heaven to plead their cause I do not believe he would be ward in legislative balls. I say that with no disrespect to the Senate. I am only speaking with reference to the spirit of the times. Your legislation affects that great class of maple. Taxation without representation is ab orrent to every American mind. The denial of representation caused your fathers in revolution nry times, feeble as they were, to appeal to the God of battles for the arbitrament of the contest. And at, sir, with all their lessons before us; with the illustrious example of George Washington; with the example of the noble men who signed the DeclarIndep, pledging their lives. their fortunes, and their sacred honor to maintain their declaration that taxation without representation was a principle to which no freeman could submit, you exclude from your halls of legislation 11 of the States of this Union, 22 Senators fmin this Chamber; and in their absence you propose to pass and to submit to them a constitutional amendment. Mr. President, if they are not lit. to be represented here, are they in any sense lit to have such a proposition submitted to them? They are either in the Union or out of the Union. if they are in the Union. the Constitution says that every State shall be represented by 2 Senators upon this lloor. They have elected their Senators; they have presented themselves here; but you say they shall not be admitted; and yet in the face of your own act, and in violent inconsistency with your own act. you propose to submit to thetn a proosition to amend the Constitution of the U.S. I ask you, sir, if they are not in a condition to be represented upon this floor, are they in a condition to have a proposition of this kind submitted to them '! The only proosition that I have seen in Congress I will not refer to the proceedings of the other House which is consistent with congressional action is the reposition of a Gentfrom Pennsylvania, from the city of Lancaster, by the name of TusDDlU S'rrn vsss. Ilo treats them as out of the Union, having no part or parcel in it, and he proposes to govern them as districts and sections of country subject to the authority of the U.S., but not being part or parcel of it. While I think that proposition is perfectly tin tenablo, yet viewing your legislation in the light in which I conceive Iit, say he has interpreted the whole theory of the system. I have no respect for him as a legislator, and do not know him as a man. Now, sir, is it possible that there are 3 men on the floor of this Senate who believe that the people down South llOarlNe Bllfl r traitors? The law says that treason is the highest crime that can be committed; hut, sir, the instincts of your nature, acting respon sirely to the teachings of the law, tell you Hnrris. Henderson.Howard. Howc.Kirkwoo d. Lane of Indiana. Lane of Kansas. Morgan. Morrill, Nye. Poland. foinerov. Ilnmsrv. Spra'rue.Stewart. Suin iier. Trumbull, Wade. Willey. Williams and will that those who have acted in obedience to a u defacto government are not guilty of treason and though it may be improper, though it may be imprudent and I have been sometimes told by my friends that I do not always weigh my words I now arow on the floor of the American Senate that you may nrraign before u just court and an impartial jury as many of these southern gentlemen as 'ou please who, alter their States had acceded. yielded obedi once to the government de fa ct‘o over them, and you never can convict them of harin committed any crime. For 20 years have studied the law and I have studied it that leugili of time with but little effect ifI am not certain in the conclusiouJo which I have arrived. At the same time I may say. to prevent inisrepreseiiiation and it is well known that while I have been opposed to the acts of the past Administration, and to many of the present, I never sympathized with the movement of these southern gentlemen. The time has gone by to apply to the Dem ocratic part" or myself the epithet of “sym pathizer with the rebellion.” I state my 0 in tentsas I honestly entertain them; and when legal questions are presented, and not only legal questions but questions underlying the very science of government itself, which have been discussed by such great luminaries as Burke in the British Parliament, and by all the able writers upon international and municipal law. I may nvow a concurrence in their opinion without subjecting myselfto remarks prejudicial, not to my loyalty a word that I do not know the use of in a RFG but prejudicial to my devotion to the Constitution and the Government of the country under which I was born and hope to die. I seek controversy with no man; I avoid none.