Indianapolis Daily Herald, Indianapolis, Marion County, 4 February 1868 — Page 2

daily herald. L.AIT1C UMVB2L.II>J. Kdito*.

iOrriOB—HEHALD BOILDIM. IS !•* »»■* W«*»iln*to«

lUESDAY MORNING

FEBRUARY 4

DEMOCRATIC STATE TICKET.

For Governor, Ttiomaa A. Uandrlcka« of marlon. For Lieutenant Governor, Alfred P. EdBerton. of Allen. For Secretary of State, REUBEN C. KISB.of Boone. For Auditor of State, JOSEPH V. BEMUSDAFFKU, of Franklin. ForTromiror of State, JAMES B. BY AN, of Marion. For Clork of Supremo Court, NOAH S. LiBOSE, of Cuss. For Reporter of Supremo Court, M. A. O. PACKARD, ol Marshall. For Superintendent of Public Instruction, JOHN B. PHILLIPS, of Davie**. For Attorney General. SOLOMON CLAY POOL, ef Putnam. For Electors at Largo, JOHN B. COFFROTH, of Huntington. BAYLESS W. HANNA, of ¥lgo. Contingents,

Jackson,

WILLIAM M. FRANKLIN.ofOwen.

For District Electors,

. District

ttonal provision which declares that “the United States sbtll guaranty to every Stefeln this Union • republican form of govttn-

ment,” ’ etc.

In this connection it Is proper lor me to say

iSe't rJItonThdJ^rdloi ootHd not t^ affected that Mr. LIbooIu daclareU In that proclaiuv

‘ h _ e .V?L on .: Sf^Srihat the people of tton thft

Marion.

nsou.

I ASON n. BROWN, of Jackson

A ll.LIAM M. FKANI

strict Eli

First Dlstrlcl—Thomas R Cobb, of Knox. Contingent—B 8. Sproule, of Vaudorburg. Second District—C. 8. Dobbins, of Martin. Contingent—Jonas G. Howard, of Clarke. Third District—James Gavin, of Decatur Contingent—Elhanan C. Devors, of Jenniu Fourth District—John S. Reid, of Fayette. Contingent—Benjamin L. Smith, of Rush.

Firth District—John M. Lord, of Contingent—Cass Byflcld.of Job

Sixth District—A. B Carleton of Lawrence. tA>ntingunt—Samuel rt. Hamlll, of Sullivan. Seventh District—T F Davidson, of Fountain.

Contingent—B. B Dally, of Carroll.

Eighth District—James F McDowell, of Grant.

Contingent—N. R. Llnsday.of Uowanl. Ninth District—John Colerlck. of Allen. Contingent—Samuel A. Shoaff, of Jay. Tenth District—O II Main.of Elkhart ( ontlngent—K. Van Long, of Noble. Floventh District—Not appointed.

Senator Hendricks’ Speech.

/ POWERFUL ASD CO A' VIXCING ARdUMEXT AOAItTST THE COSGRE8HIOXA L RECONSTR VCTIOS VOL lC I .

Till: <IL ESTIO.YH AT IVSI'K «'I,KARL.V nEITYKIF.

by the action of the people; that the people of

these States were personally

their conduct. Jaat as a man Is responsible who violates the statute In regard to the^comrights, but that eo far as their action la con. cerned. in a legal point of view, they had no power to effect the condition of the State In Union. Every proclamation and every act of CongreN have proceeded upon this hypoth-

ntit a ”

Mr. Johnson-What is the date of the speech 1803. He then goes on to say that Mr. Buchanan had held the opposite doctrine, and that It was not sound to hold thst the Hon was a rebellion of States, and tnat the States as such could not be subjugated. Then be jroes on to say: . “This was our answer to Mr. Bucnanan. Upon this hypothesis we hsvo just put down the rebellion, But It Is now proposed by ►ome that we shall practically admit that the Southern 8t«te» did secede; that th«y did go outofths Union; that the work of secession was perfect, was accomplished; that the States are out of the Union, that a government de facto was established, and that we now hold these States as conquered provinces, Just as wo should hold Canada if we were to invade

it and take possession of It”

He closet upon this point by using this em-

phatic language:

«■ That Is what this doctrine leads to. It leads to a thousand other evils and pernicious things never contemplated in the nature of our

Government.”

Upon this subject I will road from the debates in this body four years ago and before the close of the war the argument of the Senator who now presides over this bodr, who Is now the second officer of the Government. The debate was before tbit new Idea was thought of, that under the guarantee clause of the Constitution Congress oould do In regard to the Southern States whatever it ebose to do—a doctrine all absorbing and as dangerous as the

the Executive recognition of the

reason thgt to judge of their qualltications w»s, by the Constitution, left expressly to each branch of Congress. But, sir, I now come to the most emphatic declaration that Mr. Lincoln has made on this subject, and after which you ought not to have elected him President, If your laws now stand upon the true construction of the constitution. The Winter Davis bill passed on the last dav or two of the Urst sess^m of the Thir-ty-eighth Congress. It provided a legislative mode of reorganization, a legislative policy, and Mr. Lincoln put that bill in bt» pocket. Instead of acting under that bill, he threw it back in the face of Congress, and said that Congress should not tie his hands to any particular mwUof reorganization. Here is his proclamation, dated on tho 8th day of July, 1884, after you had renominated him, but before you had re-elected him. Mr. Lincoln recites. tn the Urst pDco, the passage of tho Win - ter Davis bill, and in his proclamation he aaya that the proposed mode was agreeable to him; that b® liked the plan well enough; but he goes on to say: “Now, therefore, I. Abraham Lincoln, President of the United States, >10 proclaim, declare, and make known, that while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared by a formal approval of this bill, to be Inflexibly committed to any single plan of restoration.” Because he was not willing to be bound to any plan therefore he would not approve the congrcMional plan by signing tbs bill; and he further declared that If the people would act according to the plan proposed by Congress he would recognize their setlon. not because Congress had proposed It, but because he, as the Executive of the United States, iudglog for himself under the Constitution, had a right to prescribe the plan of restoration; ami so he held that Congress should not do !t| that his hands should not be tied by any act of Con-

fled the President in withdrawing the military when Mr. Johnson’s worker recenstrustlo n

power that the civil authority might once mere ! wa« goiog on

prevail? i “ It is one of nr.-purposes bora this evening In his testimony, glxen In July last, before to slui.v that, so far a* hD poliory of amnesty the Impeachment CommiUee or the House, ! and reconstruction Is coucorued, he has abso-

gress.

most despotic sentiment that governs any After Mr. Lincoln had declared this doctrine country In the w^rld. Pending the debate on In this proclamation he was re-elected 1 resi

Ttic Itcrorrt of Uongreee nn<1 l*re.l<lenj l.lncoln on Kestoraslon In \ Antagonism to the Present Policy.

Kntllral Rccnnatraction Overthrown Republican form of Uovernincsst nod Inmijriirntr<* Military Ocwpotlani.

f ■ f> V U I!KSNIOSA1. KECOA'STR U CTIOX ESTABLISHES NEGRO STATE GOVERNMENTS.

Wsdeused tho following language: “ It has been contended in the House of Representatives, It has been contended upon this floor, that the States may lose their organizations, may lose their rights as States, may lose their corporate capacity by rebellion. I utterly deny that doctrine. I bold that once a State of this Union always a State; that you can not bv wrong and violence displace the rights of anybody or disorganize the Slate. It would be a most hazardous principle to assert thxt. No. sir; the framers of your Constitution Intended no -ueh thlng.”-»7'Air(!/-Eighth Conorc/>». j>. 34W. And how gentlemen, with this principle of the Constitution staring them in the face, can fancy that States can lose their rights because more or less of the people have goue off into rebellion Is marvelous to me. Kour years ago that Senator, then holding high position tn this body, holding high position In the Republican party of the United States, declared that a State could not lose its organization; that once a State always a State, and a State under Its organization. Now, however, to maintain the policy that has been adopted, you declare these States to bo without governments; that in some way It has resulted that the State governments have ceased

to exist.

Now, Mr. President, I wish briefly to consider the clause of the Constitution, which has been referred to so frequently, making It the duty of theOovernment of the United State* to guarantee to every State in this Union a republican form of government. I think this Is the right construction: it Is an obligation and a duty Imposed upon tho Oovernment, and 1 agree with my colleague wheo he says that the legislative department!* not thetloveminent; the executive department is not separately the (ijvernmont; nor tstbejudl-

clarj ~

togi

tors, when your parky elected him President was there any more Important question before the country than the question of reconstruction, as you call It; of restoration, as Mr. Lincoln called It? You claimed that the war was about to close, and the great question of the nation, tbs great question of the age, was bow shall these States be brought ioto harmony and into practical relations with the Government of the United States? He declared that Congress should not flx apian; that h# Intended to be left free until the olote of the wer to adopt whatever plan, according to his judgment, might seem to be right; and after he proclaimed that to you sod to this nation you re-eieoted him President and said It was right. Now you say State governments do not exist In the South. He did not use tbs term “reconstruction;” he said “restoration” He recognized these States as existing with valid forms of government, and tbe simple question was, in bis own language, their restoration in their practical relations to the

General Grant said: ' iutcly presented nothing new, but lUat he has “I know that immediately after tho close of : simply presented, and 1* simply continuing, the rebellion there era* a very Uno feeling 1 the polb-y which Mr. Lincoln presected to the xqanlfeated in the Souib. and l thought we ; uaticn un the hth of December. ISh.'!.” ought to take advantage of It as soon a* pos- j These are plain words. This was s*id by slblo.” 1 tbe then Governor of tho State of Indian a, by And he add*; my present honored colleague, that Mr. John- •• But since that time there has been an evi- | sou In that policy which was then being con

dent change there.”

In his letter to the President of the eighteenth of December, 1883, many months after tho close cf the war, rainy months afte

Johnson bscl Grant said:

adopted his

Mr.

policy, General

“Both tn traveling and while stopping I saw much and conversed freelv with tbe citizens of those States, as well as with oflicers ol tho army who have been among them. The following ere the conclusions como to by me: “1 am aatUiied Wat tbe mass of thinking men of the South accept the present situation of affairs in good faith. The questions which have heretofore divided the sealimeuts of the people of the two sections—slavery and State rights, or tho right of a Htatito secede from the Union—they regard as h iving been forever settled by tbe highest tribunal—arms—that man can roaort to. I was pleased to learn from tbe leading men whom I met that they not only accepted the decision arrived at as final but that now the smoke of battle has cleared away andtlmo bis been given for reflection, that this decision has been a fortunate one for the whole country, they receiving the like beoeflta from it with those who opposed them

In the field and in the cause.”

# * t * * * “My observations lead ma to the conclusion that the citizens of the Southern States are anxious to return tn self-government within the Union as soon as possible; that while remstructlny, they want and require protec-

it; that they are in

earnest In wlahln? to do what they think is

cot tloi

Government of the United States. But, Mr. President, Congress is con

upon this question. You say that rebellion.

But.

President, Congreaa la concluded

that accession, that war put sn end to State government id the South, and that there is no power to restore State governments except In Congress. That Is your dootrine to-day as pro*!aimed In your lejialation. Let us see what vou did, and see if you have stood consistently upon that doctrine. In the month of Pj-

crmmittee of Mid-

required ty th Government, not humiliating to them as cllizou*, and that if such a course was pointed out they would pursue It in good faith. It is to be regretted that there can not be agreater ooraminzling at this time between the cltisens of tbe two sections, and particularly of those intrusted with the law-making

power.”

That is the description of the conditioner the South given by General Grant at the very time the President of the United Ststes was welcoming these States back again in all their practical relations to the United States. Now. sir, upon this subject I beg leave to read lbs testimony of my distinguished colleague glyen at shout the same time, at tbe close of tbe month of September, in the speech to which 1 have already referred. My col-

league says:

“I desire. In the first place, to remark that j to me the general condition of the country is

most promising and favorahleJ’

Mark you, this Is the testimony of my col-: league when Mr. Johnson bad almost consum-

mated bis policy of restoration.

“I know there are those who take gloomy views of what is called the work of reconstruction, but to ms the prospect seems high

.. con-

summated, '.vas simply carrying out* that which tbe President whom you ail indorse

bad inaugurated.

Now, sir, I will read from my colleague’s message—a carefully prepared document—to the Legislature cf Indiana, of November 14, 1883. I presume North Carolina baa then pas^d. her constitutional amendments, and perhaps some tf the ether Stites: “Tho conditions which have been Imposed upon these Slates by tbe President are not only reasonable and legitimate, but are dictated by justice and a wise foresight for the future of the Republic, and although they may not bo accepted this year, or even the next, yet they ultimately will be I have bo

doubt.”

Oa this particular point I will read again from the testimony of General Grant. In his examination before tbe committee of impeachment in July last, be was asked by Mr. W.ood-

bridge, a number of the committee—

“Q. I want to know whether the plan adopted by Mr. Johnson was substantially the plan which had been Inaugurated by Mr. L'ncoln

as the basis for his future action?’

“A. Yes. sir; substantially. 1 do not know

but what it was verbatim the same.”

‘ Q I suppose the very paper of Mr. Lincoln

was the one acted on ?*’

“A. I should think so. I triok that tbe very paper which I read twice while Mr. Lincoln was President, was the one which

was carried right through.”

And yet you bring your accus*turns against Hr. Johnson because be received from Mr. Lincoln, a* a part of bis political inheritance, the North Carolina proclamation, In his own handwriting perhaps, at least the proclamation which President Lincoln bal twice presented to the Cabinet, the very same pap^r. Now, sir, under this proclamation and the other proclamations of similar import new constitutions were not adopted by the .Southern States. They stood upon the Idea which you stood upon iu admitting Tennessee, that the constitutions which held these States to tbe Union came through tbe war and were valid, exlatlog law at the close of the war; and so In all of the States of the Sooth they simply amended their constitutions. These amendments In the caae of North Carolina ware submitted to the people. My colleague said that none had been submitted. In the State of North Carolina the Important amendiota, the one abolishing slavery and soma

steps a* wisdom may direct to restore the

e to Iti

s onon honored status n.” That was the

the country. Since tbl* world began no community has been ao misrepresented, so unt-

ry the Government; but the whole taken Ttlicr, In tho proper cxerclso of tho powers conferred by the Constitution, makes the Gov-

formly and foully belted as the men of tbe South who have sought, under Mr. Johnson’s policy, to bring tbe States again Into p and harmonious relations with tbe I

have sought, under Mr. Johnson ’tbeStates again Into practxil

Govern-

ment of the United States.

Then, Mr. President, this Is the evidence of

jollcy ami measure* of

ngre** I

ed In this debate unon two propo-ltions: flr*t.

Mr. Preside! t, the policy and tneasun < ongre** in n i alien to tbe South are maintain-

that at theend of Ibe war there were no

existing In thosi such case Cong

the power under tho clause of the Constltu-

> gov-

eminent* of any kind existing In those States; second, that in such case Congress has

and,

tlon which declares that the “United States shall guarantee to every State In this Union a republican form of government;” to reconstrui't the St-te governments, or In plainer words, to mako new State governments. These propositions I deny. First, 1 dony that at tbe close ol the war there were no State governments in the Southern States. What was tbe exact fact in regard tn that matter? No one disputes that at tho commencement of the war there were legal Slate governments in the ten States now excluded from representation. Those governm>'nls were organized under constitution* which tbe people had adopted. I submit to Senators, then, as a question of law, what became of the conatltutlona of the States in force at the commencement of the

WSi ?

A State constitution is the liond of Us organization; not only the bond of political organization in the State but. tn some extent the hood thatholds itto the KedervlUnlon. I do not very clearly understand how a State can beln the Union without a S ate government.

r up

ceniber, 1884, the executive crmoUttee or Middle Tennessee issued a call to the people of Tennessee for • State convention “to tike

steps as

State of Tennessee

in the great national Union

purpose of tbe call. It Is is signed by Tillman, Spence. Bryan, l.as*«lle and Fowler, I believe the dlstloguUhed Senator who is now of our body. These gentlemen did not undertake to call the convention under any authority of law, but ae an executive political

erument of the United States. When a duty i committee they called the people together, to I* imposed upon the Government of the United meet at Nashville, to consider what steps j Statesrdhat duty must be discharged by the ought to bn taken to restore Tenneasee to her I appropriate department of the Government, j proper relations to tbe Government of the | If the act which must lie done in tbe dls- ! United States. Mark you, Mr. President,that charge of a duty imposed by tbe Constitution was after Tennessee had passed an ordlnanoe Is a judicial art, then tbe duty Is upon tboju- of secession; that was after she had sent her dietary. If It be a legislative act the duty Is , regiments into the Southern army. After she upon the legislative department; and if it be j had done every act that a State oould do, or an executive act the duty then rests upon the the people ol a State could do. In boatlllty to Executive, and must be discharged by that ; the Govcrnmentof tho United State*, and bedepartment of the Government. — fore Congress bad Bulboflzed any restoration, So, sir, I hold that this clause of the Con- this executive eninmiUoe called a convention stltution is addressed to each department of to meet at Nashville. That coov-ntion did the Government. This clause contemplates meet at Nashville In January or February, an existing State government republican In ( and they adopte^certalg amendments to form, it speaks of State government* as In the constitution of tbe State of Tennessee, existence. If Senaior* will observe the Ian- They did not undertake to make anew eongutge of the section Itself, they will find that i stltutlon. They recognized the old constltu-

aft-r tbe words which 1 nave quoted, impos- tlon as still in fhree. Tenneasee had a constl- ! He doe* not assume to posse** the powci of

said that none had been aubmltted.

Stmt men

others, were submitted to the people. But, sir, l am not going tn discuss that question. It has been too long the established law and custom of this country that a constitutional convention may adopt a constitution without submission to be now questioned. As was stated by the Senator from Pennsylvania yesterday, that great commonwealth is now

ly encouraging. The war terminated sudden- | an organized State under a constitution that ly, and tbe submission on the part of tbe never was submitted to tbe people, and bepeople of the Southern States has been more came the supreme law of that State by the complete and sudden than 1 had expected.” ! will of the convention. This la the law, though Here.Mr. President, is the tes’lm my of ray i I think the practice better to submit amend-

colleague, who had intimste relation* with 1 ment* to the people.

the South aa the Governor of the State of In- j Now, Mr. President, what were theamenddlana; testimony given at the time that the j raents to the Stateconslttulions in the South? people bad acquiesced In the result of the ! First, they abolished slavery. Do Senator* war, that their condition of obedlenee to the object to that? Second, secession was. In ex T law In respect to the Government wa* more pres* terms, repudiated, and the right to encouraging than he bad expected. What a secede denounced. Third, the rebel debt w*atrange contrast doe* this testimony of my col- ; repudiated, and It was declared that it should league, given at the time, bear to the remark- never be paid. These were the material able speech to which we have Just listened amendments. Do you. S-nators. say that these from the Senator from New Hampshire, [Mr. j amendments destroyed the republican char-

they not

w

and amendments to tbe State constitutions were adopted that you air to-day were right. Now, I want to know why it Is that theee States have been kept out; that loyal representatives have been denied admission; that controversy has been kept up over the country, and strife instead of peace and quiet? I have my opinion about it. it was necessary

for party ends.

But, Mr. President, if I concede all that you claim, that you have tho power under the clause of the Constitution which hag been so frequently referred to.»o reorganize the States, have you exercised it? You claim that your power, your duty la to guaranty to the States republican forms of government. Have you done it? I will barely refer to the principles you hsvo established. Whit U a republican

form of government?

Now, sir, l think a republican form of government is a form of government in which the pwple make their own laws through legislators selected by themselves; execute their laws through sn executive department chosen by themselves, and administer their laws through their own courts. I* not that as near a republican form of government as you can have? That was the state of things when tbe congressional policy sent five armies into the Southern States, when ten Governors were deposed by tbe paramount authority of the military power. That was the state of society there; the judiciary, the legislative, and the executive department* of their governments were in the exercises of their ordinary aud legitimate authority and power in each State. In that state of society where the taws are made by the men whom the people select, where they are administered by the courts' that have tbe confidence of the people, and Where the laws are executed by an executive department selected by the people, there is peace, happiness, and prosperity. You have broken that down, and in its stead you have

done—what?

1. Y’ou have made ten States subject to mil-

itary sutbority.

2. You have made the civil tribunals subject

to military rule.

8. The liv««, liberty, and persons of the people are subject to military authority.

4. Juries are abolished.

3. Habeas corpus Is abolished. I mean, of course at tbe pleasure of the military com-

manders.

6. You hsve clothed conventions with authority to fix tbelrown salaries and levy taxes from the people for their psyment. 7. You have empowered the commanders to displace Governors, judge*, and legislators, and fill their places, thus making them xiependent on the will of tbe commanders. Whst s spectacle we behold, sir. Tbe judge taken from tbe bench and the lieutenant placed In hisatead! Legislators driven out and others appointed by tbe military to make tbe laws which the people must obey! Sir, what were the causes cf complaint which the colonies made against the British Crown! Speaking of the King of Great Britain, our fathers declared— “ He has made judges dependent on his will alone for tbe tenure of their Offices and tbe amount and payment of their salaries. “ He has kept among us In times of peace standing armies without tbe consent of our

league’s statement on thle subject, as he la defending this reconstruction policy. He eaid in his argument in tbe Senate the other day that if it becomes necessary for Congress to enfranchise a new class of voters it is proper to do so, the whole matter depending upon the necessity for It in the Judgment of Congress. Now, sir, I will read what ho said in his message to the Legislature of Indiana in 1865, in the month of November, upon tost subject, while tbe reconstruction policy of Mr. Johnson was being carried on. He then

said:

“ The subject of suffrage is, by the national Constitution, expressly referred to the determination of the several States, and It can not be taken from them without a violation of the letter and spirit cf that instrument. It is a fact so manifest that it should not be called In question by any that a people who are just emerging from the barbarism of slavery are not qualified to become a part of our political system, and take part not only In the government of themselves and their neighbors, but ol tbe whole United States. So far from believing that negro suffrage is a remedy for all our national ills, I doubt whether it is a remedy for any, aud rather believe that Us enforcement by Congress would be more likely to subject tbe negro to a merciless persecution than to confer upon him aoy substantial ben-

efit.”

Mr. President, n"gro governments have been established in the Southern States sj far as tbe congressional policy has thus far extended. Inasmuch as my colleague defends this policy :I will now read from his speech, from which I before quoted, In 1883, in whl b, on that subject, he said: “I submit, then, however clearly and strongly wemay admit the natural rights of the negro—I submit it to the intelligence ol the people—that colored State governments are not desirable; that they will bring about results that are not to be hoped for; that finally they would threaten to bring about and I believe would result in a war of races.” We have been rebuked here because of a suggestion that a war of race* might possibly result from a policy such as you have established. My colleague said. In that ably prepared speech two year* ago, that this very policy was likely to bring on a war of races, and we have some evidence on this subject which is threatening. I see In the Chicago Republican of the twelfth of last month an account of nrgaij'zid resistance to authority fo one of the Southern States, which 1 will

read:

[Correspondence of the Montgomery Advcr- . ■ IGer.j “Pkrote, Alabama, December 1. 1867. “ Dear Sir: Tbe ekizms of this place held a meeting on yesterday for the purpose of memorializing General Swayoe in relation to certain things which have transpired here, and which have given just cause of alarm to the 1 citizens.' Owing to our former acqiintance [ and jour acqsintanee with General Swayne, ! they have requested me to addre-s you also, and endeavor to get asristauce In having the memorial presented aud the request of the

people' granted.

“ for the last several days tbe people have been kept in a state of alarm, growing out < f the resistance of the negroes in this community to the execution of a civil process issued by Judge McCall. The negroes, it seem*, belonging to the leagU' at this pla e, threugh the Instructions of certain leaders among them, and I understand some^f them from your city, determi '.ed to firm a code of laws

to govern the negro population, and actually opened a court, ullieered and orgc.r.lzed, aud

rial language I would say that scarcely any of 1 rcpubllesu the statements of fact contained In that speech We - e not t

are entitled to the credit and Wfi confidence of of South Carolina, and f fGeorgl* at the time

in character before the «a-?

e'fl not theconstltutlon* of North Carolina,

eua*

aSml’ted Into this Union republican in form?

That t* settled; I Then, air, these

Then, Mr. President, this Is tho evidence of publican In form

what was tbe condition of Siutb-rn enetety ’ through tbe wkr, and by ihe people were

(hoy helped tn form the Fetlersl Union republican In lorra? And were not the constitutions under which Mississippi, Louisiana, Alabama, Florida, Arkansas, and Texas were

repul

That I* settled; I will notdUeu

Then, air, these eonstitutlo's that were re-

before the war came down

at tbe eloae of the war. Tbe war had done ts work. The Mouth was conquered, to us* the language of the majority; subjugated. If vou please. They yielded obedience to law ; they aoquievned In the authority of the Government; and General Grant laid that he felt

nay

i paradox ) that the people would sr the law and authority of the

I do understand that If a State should cea*elo have a government fit 1 may *o express what

seems to he a

still bo under

Federal Government to tbe extent of the juris, diction of thatGovernment. But, sir. a State to be a State tn the Union must haves polillonl organization. Tho people of tho Terrlto-' rles owe obedience to the laws of the United States; bnt tbe Territories are not organised State*, and form no part as States of the Fed-

eral Union.

Then, air, when a State constitution la once formed, and the State under that constitution i* admitted Into tbe Union, that State org inl/atlon I* not a separate and Independent thing but lu It* organization becomes a part of the Federal Union. The constitution of tbe.State, when tbe State has been tbu* admitted, becomes a part of the national l.’olon and compact, ami I denr that tbe people of that State tun e a right to destroy thrtrStat* government and thus cea*o to bo within tho Union. I deny that a convention of the people, that tbe legislature of tbe State, or any assemblage of the people whatever, can voluntarily terminate the existence of a State government anil thus cut oil their connection with the Keder-l Union. That, in my judgment, can only be accomplished with tbe consent of -all the .State*. Take tbe case of Louisiana. Tbopo pie. formed her State government; under that government and constitution she was admitle i into tho Union, is that constitution of hers (subject, of course, to her amendment am) bur modification j not a part of the Federal system when she Is thus admitted; and Is It posMble that that bond of society, that means of political nrzanlztUon can cease to

exist so that Louisiana?

Sir, If the Stsle government* ceased to sxlst In snv State of tho South, If tbe constitution of

to be a constl

t act It

► of secession? Every Senator will

them Is no longer any State of

State ceased

'as It the

mow by what act It occurred.

ice

*»y “ N’o;” that no ordinance of secession

any to k

ordlnanc

► oiild destroy the State constitution, because the ordinance itself, In law and In tbe eye of the Constitution, Is annuity. Was i. tho war? War was not made upon the organization of the States; war wa* not made upon the constitution and laws of any Slate; but only for the purpose of holding those Stales, under their organization, In the Federal Union and i he people of Hie States In obedience to the

laws of tho Unltod States.

Then, sir, I deny that any act of any State or of the people thereof. Intended to separate I hat State from the Federal Union, bad any force or validity whatever. 1 maintain that during all the years of tho robellfnn every single act of a Southern State intended to promote the cause of tbe rebellion was void; that it hail no effect to destroy State institutions. I deny that any act of tbe State could have the slfect to disturb, as a question of law, thp relation of the State to the Federal Union. ' Practically the relations were disturbed: practically the State wa* not in harmony with the Federal Government; but Us existence a* a State, Its organization as a State, Its constitution, which was the bond of Its organ! z*Uon, continued all tbe way through the war; and when pence came It fouud tbe State with the constitution and laws unrepcaled and in full force, holding that State to the Federal Union, except alt laws enacted In aid

of the rebellion.

Mr. President, I regret that -ny colleague Mr. Morton 1 la not in his seat, as I shall uave occasion to refer to some of bts arguments so ably presented In the Senate, and to some view* that he has heretofore expressed on this and some more of the questions that I intend to discuss. The opinion that I have lust now expressed 1 think was the opinion two years ago of my colleague, and I will refer to bis views as then expressed in a care, fully prepared speech. Spesklog of the different propositions and opinions held In rsgar d to the relations of the States to the Union at the close ol the war, my colleague

Mid: - - •

“There ts another plan, and that Is the theory which regards these States as being out of the Union and holding them as conquered provinces, subject to the jurisdiction of Congress like unorganized territory: saying that Congress has tho power to provide for calling convention* In these States Just a* in the Territory of Dakota, and may prescribe the right of suffrage, and determine who shall vote I n blectlog delegates to theee conventions, Just as In the Territory of Dakota, that It may thon determine whether It will accept the constitution offered, as might be determined in the

ease of any other territory.”

That is the statement of opinion which my oolleague thenattributed to certain politician*, the very opinion which he so ablv maintained In this debate tho other day. Now see, Mr. President, how well ho answers It himself: “1 will not stop to argue this question at length, but 1 will say this, that from tbe beginning of tbe war up to tbe present time every message of tbe President, every procl*. rastlon, every State paper, and every act of

►eded upon the hypo*' d secede from the U

Congress has proceeded upon the bvpnehe*! that no State could secede from tbe Uni >u that once In tbe Union always In the Union

Mr. Lincoln In every proclamation went on tbs principle that this was an insurrection, a rebellion against the Constitution and laws of tbe United States; not a rebellion of State* but a rebellion of the individuals, the people of the ssveral Southern States, and evary man who went into it was personally snd individually responsible for his act* and could not shield himself under tbe setlon and authority of bis State, He went on the principle that

amended, simply adding that slavery should no longer exist; that secession was not the true doc trine of .State relation to the Federal Oovernment; and that the rebel debt should never be pill I v ant to know If these pro-

;; sou General Grant said that ne teit vision* of amendment destroyed tbe republtI that It was our duty to take advantage or this ' ean form and character of tbe constitutions of

favorable condition of tbe popular mind of these Southern States.

tbe South. To take advantage of it for what Such, Mr, President, wa* the condition of i purpose? ’ To gel these people hack again, to this bustness when my cdleague, In tbe > place the States onco more in hirmonlou* and speech from which 1 hav<- read, said that the i practical relations with the Government, prospect of recon'-trueilon appeared ••highly lading this ITvorsble condition of tbe coun- encouraging;” and he add*d In that speech: •V. Air. Johnson, as President Of the United *‘ r am verv triad In see that fn-nv ef the

Legislatures. “ He has affected to render the military independent of and superior to the civil power. “ For Imposing taxes upon us without our

e rascal.

“ For depriving u* In many cases of the ben-

efit* of trial bv Jury.”

You were kind e.oougb in the law to say that if the military romraanderM thought it good policy they might continue the civil courts and

try criminals in tho civil courts; but if they I have been arresting by nizht all r.tgroes ihit thought best, they might organize military I are opposed to and speak anything against commissions; but they should not take any ; their unlawful doings, and carried the matter man’s life without a reference ol the caae first i of punishment so far that ooe or two appealed to the President, and that limitation was put j t® theclvil authorities for proteitiam. I on only after a great deal of controvorsr. “ A warrant was lesuod by Judge McCall j So, sir, the property, the life and tbe liberty 1 last week, and tbe deputy sheriff came over to of this people are placed at the control of the | arrest the parties on Thursday, and did arre-t military authority; and this Is a policy that is : that evening the sherifi and one of bis deputies i called a policy of reconstruction, of restora- 1 *tid put them undergusrd. He'.vent the next I tion, and this you claim to be done under the morning to Dr. Diw»on's plantation, a mile or I guarantee clause which directs this govern-I two from town, to arrest others. When he i ment to guarantee to esch State a republican | had don" so a party of some forty negroes 1 form of government! You find no other point \ made th t appearance and ib lied him to take In tbe constitution where you can stand. There them off; cursed him ami the white people, j 1* not a roek in the constitution Urge enough and told him that .hey would meet him and | for your feet to stand upon except this one, them jn the open m id aud test the matter as | that U Is your duty to gaurantee a republican to who should be masters and rulers. Under form of government to these States; and in these circumstance* the sheriff camo back and I tbe exercise of ttut power. In tbe discharge of summoned tbe citizens to bis aid.

‘ ' ‘ “ A* many aa could be col eou-il soon joined him and w- nt in pursuit. The negroes made

their way toward the Spring

** / t *** * • sswwas » aa s i xb * u Li k | »uu IJUIVCU States, proceeded to hi* work of restoration.

He Issued bis proclamation of May 2!i, 1803, to which 1 now call th* atleutlon of tbe Seoats.

t»r 1

logon this Government the duty of gusran

‘orm of

tying to every State a republican form eminent, tho provision goes on “aod protect each State against Invasion, anil on application of ihe Lejlsl dure or of tho Executive, when tho Legislature ran not be convened, against domest violence." The section speaks of an organized State government, a gnvernm <nt with an executive ami a legisla-

tive department snd Im

«po

er im -nt of the 1. oiled State* dut e< to lie discharged when called upon by the executive or the legl dative department of the State; so* that the very elauaa lUelf contemplate* sn existing State government republican In form, and simply Imposes upon tho G ivernment of tb« United State* the duly to protect, maintain, and defend that republican form of government. The word “guarantee" doo* not confer an original power, either In it* legal sense or common ra»»nlng it mean* to maintain or assure that which is already In exist-

i tution which held her to this Union when r gov- . she went into the war; and when that shallj sonvention met at Nashville—s political convention. If you please—It resolved Itself Into a constitutional convention, an I did not undertake to make a new constitution, but recognizing the old constitution as valid and binding, stilt they added amendments to It. Tbe amendment* were aboltablog slavery and

*b* Upon the Gov- i some other provlsirn*. The amendments, not

the ronutitutlon, were submitted to tbe people of Tenn*v*ee and they voted Upon them, not by any congresaional authority, but by virtue of a sovereignty that Ilea In a people of a State to amend their own constitution, Taey amended the constitution. What has Congress said on that subject? Did you say to Tennessee.‘•Your government hs* gone out like a candle tbst I* burnt out.” Did you say to Tennessee at the close of tbe war that she had no constitution and nothing to amend? Did you say to the State of Tenne*.

Southern Slate* are making commendable progress In tho matter ol the abolition of

slavery.”

If these States had not legal Stategovern-

msking State i .overnment*. lie, as military menta In PN«>.'>, I want to understand how it is governor of Tennessee, bad Dvued bis procU- i that they could abolish slavery; I want to ■nation declaring that the people, by virtue of know how they could assent to an amendment their inbereot right and power, had amended ofthe Federal Constitution ahotuhlng slavery

State; and upon that

and

tb it duty, you establish a military rule and deipotism which U defined In the language of ! the Declaration of independence declaring

j the offenses ol the Brltiab Crown toward the would get the league there

j colonies.

This Is all under the pretext of the guaran- was to subdue the whites and take possession

1 tee clause. I bad some respect far it when It of th» country.”

' wa* claimed asunder the military authority A few days since, as lito as tba Jth of this , of the I’re-ldant. because when you say it is a 1 month, I scs that in North Carolina there , military necessity, I do not know any argu- have been similar organizations i f negroes ment In answer to that. Military necessity has | under the inliitio-e and control ol these J no reply except obedience; but to say to an in- ' leagues, dangerous to the peace an.l quiet of

telllgcnt people—to a people who have sense ) society enough to know when they are hungry—that

you are guarantying a republican lorm of gov- T _

ernment to States when you sre subjecting * >OKS IS NORTH CaRoi.ixa . them and all tbe legitimate and rightful au- | “Raleigh, January u, —Intelligence

thority of their State governments to military has Just been received hire ol the capture rule, is, in my bumble judgment, an insult to ! gang of negro desperadoes who have fortune

st Infested

we were acting, else our whole work of roconBtruction was usurpation.” Ho does not speak for himself alone; he says all agreed. I wonder where you did agree to it. 1 know there were frequent caucuses, and 1 was not admitted to tbs secrets of those caucuses, and of course I ean not state what was agreed upon. But he says all agreed that this policy oi yours r.nd these laws of yours are outride of the Constitution, and If they are inside the Constitution they are acts of usurpation. My colleague very summarily disposes of him. Why, sir, who is Mr. Stevens? He Is no obscure man. He was the chairman, as I understand, of tbe Committee on Reconstruction. and is the very author of your bills. From his brain tbe; sprung; from hi* brain , they received their support in the House of ! Representative*. I believe he is still the chairman in the House of Representatives of the Committee on Reconstruction.- He is authorized to speak much more than my colleague, who was not, when the first bill was p assed,a member of this body. Then, Mr. Stevens being chairman ofthe committee, and being conversant with your councils and secrets, says all agreed that this policy was out-ide of the Conetitutlon ,* and iflt was outside it was a clear case ol usurpation. Mr. Fessenden—I do not know what the honorable member of the House referred Tomay have said, but if he used these words and referred to the Committee on Reconstruction, I can only say that he spoke without any authority from the chairman of that committee on the part of the Senate. I never heard Ihe sentiment expressed there by any member

of the committee.

Air. Hendricks-Will the Senator be pleased to say whether Mr. Stevens was chairman ol the cunmittee on the part of tbe Huu-e? Mr. Fessenden--Yes, sir; he was. Mr. Hendricks—Then I am right in that regard, and he is chairman yet, I believe. This letter is not disputed; my extract L* correct as 1 have read it. It was published all over Pennsylvania and all over the country, and It has never been disputed by Mr. Stevens. Of course this is the letter referred to by my cslleague In his speech the otner dsy. • Mr. Fessenden—He only spoke for himself. Air. Hendricks—1 do not say that hi* remark Include! the Senator, but he Included somebody; I do not know who. He said we all knew tfils—all knew It was out*lde the Constitution. I thought 1 did without any inlormatmn from him on that subject. Mr. Fessenden—It sometimes happens, a* the Senator Is aware, that when a gentleman agrees with himself he thinks everybody else

agrees with him.

Mr. Hendricks—1 thought the Senator from Maine interrupted me a moment ago for a proper purpose, and.'/ cheerfully j fielded for it; but when he stoops from the high position that he holds in this body and in tbe country to give a Gur instead of a statement of fact, 1 do not admit his right to do It without my

permission.

Air. Fessenden—Will the Senator allow me? Does the Senator understand me as giving a

slur at him?

Air. Hendricks—Yes, sir. Mr. Fessenden—1 big to say that 1 had not the slightest reference to the Senator iu tho

remark I made.

Mr. ILnUricks—Then the only purpose cf the Senator could have been to interrupt the

line cf argument.

Mr. Fessenden—N''. sir.

Mr. Hendricks—The 8enator hi* a rUht to d.sc aim that he is spoken of by Mr. Stevens iu this letter, and that fir I yield him the llior; but not for ihe purpose of breaking the

line of my argument.

Mr. Fessenden—I had no such purpose. Air. President, The Senator it too skillful a debater to be troubled in that way by a single remark, and if I bud any such purpose 1 should not try it upon him of all men. I beg to disclaim any such purpose. I had no refere'nce to him in any way whatever. I have heard much consequence attached to this remark v\ hich is said to have been made m a letter of the gentleman referred to; I do not know that I ever saw it. Mv object iu rising was simply to sav for myself, and so far as 1 kn^w tor tbe other members of l lie Committer on Reconstruction,that no such idea was admitted there. 1 never heard it there, never heard it rpentioned there. Sly additional r-- - mark did'r.ot r> Ur to. the Senator bnt to some peculiar men—I think tho Senator might guess who limy are—miinionated men who are apt to think that if they agree with themselves every bedv else agrees with them, lu that remark 1 did not refer to the Senator. Mr. Hendricks—When tbeSenatordisc'sluis

bg*. sayiug they the application of his remarks to me, U is *at-

wouui get me ie*zue mere and at Chunncn- Gfae ory, except in one regard: it was throwau,gy Ridge to join them, and thrir Intention I jrg in an interruption without my permission .

When the Senator from Maine interrupts me to throw in a sentence that simply serves to disturb the line of thought, that I think ho has no right to do; but as he disclaims tho application of the offensive language to ms of

course it is satisfactory.

Mr. Howard—Allow me to Interrupt tho | Senator from Indiana fora moment; I enter*

UA.Nii of XKCRO PFSPFRA- '’ tv ' D n0 ’ iu ‘' h purpose, as I think be will ad-

I mi», in interrupting him as he seems to imI ptite. 1 simply desire to say that I wasamcm- ; her ' 1 “ —

“CAPTURE OF

the constitution of that State very doctrine of the right

pos

people to amend their eonsUtutions he Issued

odamitlon of May ‘JO, 1863. In the it plve, 1 will state that he directed r wh of the Department* to extend its operation* into tho Southern State*. Then he goo* on with tbe work of providing for restoration; and what projMisitlons doe* he lay down? First, he recognize* tho old Htste government of North Carolina, just a* he had done to nne«*f e, j'l*t a* »:..ngre*s i.i<i t*i admlttlm

cltal

I hi* pn first pit

Tennew e, ju*t i

Tennessee with the reel

eneo. Anil this ws* the view taken by tho l see, father* who b»d much to do In the formation j me

of the Constitution. Madison. Hamilton and we will notrerognizf yonr action; Story have all end tbst this clause contem- ; get your power and authority froi

pla'e* » pre existing State government repub-

llran lu form, and tt

, War has destroyed your State governnt; you are without aoy organization, and

will not recognize yon r aetioi

rm, and that It ainiply confer* upon

theGmerd Government tho power an<) im

•c* the duty of protecting Uni m of government to tbe State

republican

poi for

In the nature of the provision Itself, In the scope, force, and meaning of the language

gtn

used, and according to contemporaneous ei atructlon, tt confer* upon the General Go'

you must m tbe great

source at authority—the Congress of the United Slate*?” No. air; you did not aay that to Tenneasee; but, then, without reference to partv politics, you were casting a vote which your Judgment* and your conaeienc* approved; and what did you lay? Representation in tbl*state of tbe case was allowed to

;ing ;

In the preamble; '

for, alter appointing a provisional governor and giving bln: instructions, be says: “A convention composed of delegate* to be chosen by that por’Ion of the people of aid State who are loyal to the United State*, and

raneou* eon-, Tonnewioe by the Joint resolution approved

vern- j July 24, 18C*i, not two year* ago; and In the

ment no power to makn a State or to control preamble you gave tho reasons why you ad-

mitted Tennessee. Reason* come up to trouble people aomctlmea, and these reaaonacome up to meet you In tbe face of thi* legislation

tbe people in that work. It I* tbe high prerogative and business of the people to make State governments. No State governments can come into existence at the will and nod of theCongrose of the United Statoa. It la not within your power. The Constitution has not aald you might do It; and the whole practice of our Government l* to rcezignlze State goveramenta when they have been made bv the

people.

Mr. 1’realdent, frequent reference hae been made to the ease of Luther vs. Borden, in 7 Howard, an Important ease decided by the Supremo Court of the United States, and my colleague felt blmaelf justified, Instead of staling what was the force an i meaning of the decision, tn reading the dictum of onn of tbe Judge*. Instead of that opinion, aa read by ray

which undertake* to base tbe po wer of Congrea* upon tbe proportion that th* Southern States ceased to have government* at the eloae of the war. Here Is what you aay in tbe picambln. After reciting Dial this amendment to the constitution of Tennessee abolishing slavery was ad ipted by a largj popular vote,

you aar:

“And whereas a State government h»s been organized under said oonstltutlon which has ratified the amondmant to the Constitution of the United States abolishing slavery, also the amendment nroposed by the Thirty-ninth Congress, and has done other acts proclaiming

and denottme lev iltv • Thftrefaee ”

all over the United States? If they were then

wer of the and are invalid, illegal government*, bow

could they do tbe most solemn act, to which a State can assent? My colleague, then, not having been educated by tho progress of event*, declared, to use hi* own language — “ f am aery glad to see that many of the Southern States are making commendable progress In tbe matter of ti^ abolition of

slavery."

My colleague now denies the authority of those convention* to amend the constitutions of their SUtos, while at tho time, when they were in session, bo roeogoUid their proceed-

ing'!

1 should liko to know upon this question of constitutional law how Iti* that my colleague can be so “educated.” Upon questions of

no other*, for the purpose of altering or iitnea I- j pelley and propriety men may lie educated by ing the constitution thereof,” 1 pa*'lng events; wemav change our mind* and Not for th* purpose of miking a now State ! not be “milestone* standing by a deserted government, not for the purpose of making n highway.” *» he expressed it. Wemsyebange new constitution, but ot akerlng or amending our oplnionatn regard to question* of policy that constlluiioo which had come down and propriety according to the changing through the war, th <t constitution wh ch as u i scene* that are pausing before us; but ao far as ligament, as l said foi e, hel I th State of 1 thelsw of the country 1* concerned, especially { North Carolina • an 'anlz*d ,iollu ai com-| tho hlgheet law of thelsnd, theconstltutlon ttmunlty to the Urn .. .V :;\he recagnizes the self, how are we *o readily to change our opinautborlty of tbe people: | ion*? Event* do not chsnge that. Wearenot

allikoVA/l tr» hn<4a«tMf*«takal’* K« naaaintr 6V6f)t4 iO

Oonstitu-

prop'-r to enable su -h loyal people of tho ; lion ofthe United States. We gather that tram .State of North Carolin a to rea’tore sai l State to the letter and from the contemporaneous his-

it* constitutional relations to the Federal Gov-, torv and construction,

ernraent.” r Now, air. I wish to a»k Senator* *a question

in "fcss * which 1 think tbev will have to answer to the but to i P't'tP 10 bora-. What objection have you to

enable the people themselve* to Jo this great | of bouthern States a* work. Two year, ago-and I then had the amended by tbe people? For two year* y on assent to my proposition by tbe nod of th - h »*° n, » d « , . h V' pr> ' Cy /.w f0 ^‘7° duupeiua*! ileuM«fr.im Ohio, >1, W.!. - ’aOTiSSjaBSTtrSEaSS’S

two years you have kept this country disturbed and distracted; trade, commerce and bud-

erlni,, hand

past Infested the eastern portion of tho State, committing nfghily murder* and outrage* to such an extent ibat the people were completely terror stricken. About the latter part

• iuic, i r* » in uij uwiiiu an intelligent people,

I know tbe answer to this very well; that ; your establishment in the Southern States i* only provisional; that it i* only to last for a ! little time; and that out of It* ruins there will “spring up.phirnix-like.to Jove,” republi-

I can forms of govrrement. You lay the foun- , .. - »—f, o, J dations of free institutions on the solid rock of who were armed and iu the neighborhood for

i despotism, and expect it to grow up to a j t eautlful structure! 1 do not believe in the I doctrine that you ean do wrong and expect good to follow. 1 believe in the doctrine that 1 good is the result of good; that from a pure 1 fountain you may expert pure waters; from a (oul and poisonous fountain you may expect impure waters. And when you sow the aeed*

of despotism in any country I expect the fruit j Kvar a. John Dunn, alias Custi*, alias John to correspond witu th* seed. You need not : MiiTcr. were surrounded and captured. They tell me that wben you establish military gov-I were found to be armed witfi three double ernment* and despotisms the result will be [barn led guns, two pistols and one dirk, free Institutions and a happy people. I They had a l *o three sacks of clothes, a large bir, tn this debate l observe that many able , quantity of fine dresve for ladle.*, ladies’unSenators attempt to answer the Senator from derclothing, and a quantity of old peach

Wisconsin, Mr. Doolittle. I rather envy the brandy.

of the j >int committee on reconstruction, -s tt is called, and I think X met with the committee on almost every ocea-ion, and I am here now to declare for myself, and so far as 1 know tbe sentiments of any other member of that committee, the committee entertained no such opinion as seems to have been imputed

“Aod with authority to ex rolso within the | allowed to be“educ*ted” by passing limits of aald Slat' 1 a'l tho power* necessary i regard to lb* proper meaning or the < and proper to enable *u -h lova! people of tho ; lion ofthe United States. We gather I

Not to place It in a shape where Oo might restore these praettc il relation*. I

i Jo this

thrown into the utmost excitement and alarm by the presence 11 a gang of negro robbers.

the purpose ofmurd- r. arsan, and incendiarism. Their capture was effected on Information furnished by two negroes, respectively named John Dixon and Hardy Coward, who, with a number of both whites »u i blacks, combined to tff ct tbe arrest of the banditti. After careful recounois- nice ami considerable strategy. Needham Speight, alias Needham

judge*. Instead of that opinion, as read by ray | and denoting loy ally: Therefore.” colleague, giving the decision of the Supreme There, sir, you recognized tho old constlCourt, that court decided In that case a very | to tton of Tennessee-that Constitution which dlflcront proposition. Instead of deciding that | had come through the din and smoke of the Congress had the power to reorganize* State war a* her political organization. Youreeoggovernment the court decided that the recog- nized that ■* the people In the most Informal nltlon of a State government by the Executive I manner bad amended It; end you said that was controlling upon the judiciary. That was because of that State government, they had the tho celebrated case of Rhode Island. The rlgjt to be represented here. You say now

question before the a^urt was this: had an "ffl -e under the eharter government of Rhode f-land tbe power to execute a mandate Issued pursuant to aartlal law In that State? aad It r»lsod the question whether ihe eharter giverument or what was known as the Dorr government wi* tbe Icgltimai* and valid government of Rhode Island. The court In deciding that question did not bobl that tbe charter government wa* the government of Rhode Island because Congress had r

►cause Congress had red

nized it, for Congress bad not interposed. Tbe court expressly say that the question did not come before Congress, for tho reason that tho Dorr government never »‘ nt representatives to the House and Senators to this body, and tiierefore Congress was not called upon to act under any power which It possessed. But, sir, tho charter government of Kbo4e Island, through Its executive, did call upon tbe President of tho United Ststes to aid In putting down what was regarded as an Insurrection In tbo State by Interposing military power against the Dorr government, and tbo President, of lb'< United States recognized the charter government of Rhode Island in responding to that call. Although troops were not called out, yet the President did respond to tbst call, and recognized by that response tbe charter government ol Rhode Island; and the Supreme Couct of tbe United States say that that action of the Executive, in connection with the decision of tbe highest court of Rhode filand. was conclusive upon tbe judicial department ol the,Un'ueU Slates; yes, sir, conclusive upon tbe question whether tbe charier government was the legitimate and valid government of Rhode Island. Then the case of Luther vs. Borden establishes this proposition: that the Executive ofthe United State* having recognized a State government, the State having once been In tbe Union, that recognition Is binding upon the Judiciary. In 4 Wallace, e.e parte Milligan, the court reviews tbe case of Luther rs. llutden, and

bolds tho following language:

“This court held that a State may use its military power to put down an armed losurrection too strong to be con*.rolled by the civil authority; and if the L“gl*1aturo of Rhode 1-Nnd thought the peril so great as to require tho use of its military forces and the declaration of martial law there was no ground on which till* court could question Its authority; and os Borden acted under military orders of the c harter government, which had been recognized by tbe political power of the country, and was upheld by the State judiciary, he was justified In breaking Into and entering Luther’s hou*e. This Is tbe extent of tho decision.” This Is tbe extent of the decision—that the ruling of the judiciary of Rhode Island, in connection wltn tho recognition of that State government by the Executive of the United States, was conclusive upon tbo Judiciary of ihe United States on tbequestion as to whether

it avas a State government.

Now, Mr. President. I claim that Mr. Lincoln, In most express terms, In most emphatic language, in language at the time somewhat offensive to some members of bis own party, held the same doctrine; auU I call tbe attention ol Senators to the proclamation to which I refer. In Ibe first place, Air. Lincoln,on the 8th of December, 186.1, Issued a proclamation, first, of general amnesty to those who would tske a prescribed oath, and then assurlag them that If tba people of these States would reorganize Stato government*, loyal in their character, tbe Executive would respect and, under this clause of the Constitution, would guaranty those governments. Here Is his language -not cBlling upon Congress as the kource of power for tbe action of the people, but appealing directly to the people Independently of Congress. He says that if they will reorganize their State governments — “Such shall be recognized aa tbe true government of the State, and tbe State shall receive thereunder the benefits of the constltu-

tbit the psnplc no not posses* It, that tho Executive does not po**e«* It, and that you must confer the power bor,*u*e thefe are no governments In the South; aod yet vou have admitted Senators from Tennessee upon tho doctrine that the people, Independent of Congress, could amend the Constitution, and that, thus amended, tbe old Conatltution, the bond of Union which, as a lltlg*nt, hold the State totbo United States, made that State government valid. Aye, sir, you wont further. You siy In tho preamble that tho State government In Tenneasee, long before any congressional recognition, did the highest and most Important and solemn act that a State government can perform; that It ratified an aranndramt to the Conatltution of the United Stato*. That power which Is conferred upon the State legislatures by the Constitution of tho United

and

St»te«, and before Congress had recognized her; that she had exercised this power successfully, and tboref ire she had a valid, legitimate, legal State government. But you aav a State Legislature can ratify a constitutional amendment, but it can not legally chooee Senator* to sit here. That will not do, Senator*. Everybody knows that will not do. Ills my duty to notice, as 1 am passing along, to use the language of the President, the reference that my oolleague made to a rota given bv tbo distinguished Senator from Wlaconsin, I think my name is kept back simply with a view of bringing that up In judgment against me. Senator* will recollect that my colleague read from the Journal tho action of the Senate on what was known as the Winter Davis bill. When that bill came into thl* body Mr. Brown, then a Senator from Missouri, offered an amendment changing it very much. I was opposed to both bills; first, to the House bill, because I then held, as I now bold, that the Congroe* of tbe United State* can not clothe the people of a State with the power to make a Stato government. That au. thority Is with the peopla themselves after the State has been once admitted Into the Union. Mr. Brown oftered an amendment, and tbe question with me and tho Senator from WI*. consin was the ordinary question of deciding between the original proposition which you are opposed to and an amendment which you aleo oppose. So I voted for tbo amendment, as the Senator from Wisconsin and many others voted for It, and It carried. Now, sir, I want to show you what the Senator from Ohio, [Mr. Wade] then having the charge of that bill, said about the amendment. I was voting against the bill, voting against the Senator.

He said:

“ I say again. If the gentlemen la opposed to this bill In principle, let him not vote for it; but let him not vote for this miserable dodge, this negation, this amendment that aseert* no principle, a* a substitute for the bill.” That “miserable dodge,” “that negation,” is what I voted for. I would vote to dodge *ny such hill ** that whieh came from the Ilouee of Representatlvee, and eo might the Senator from Wisconsin; and when the bill was thus amended It would have been proper for us to vote for the amendment ae a measure antagonistic to tbe measure from tbe House, being opposed to the House bill. Then, Mr. President, I assume that tho power and duty of guarantying to the States republican forms of government Is with and resta upon the Executive In any and every case where the Executive Is called upon to deal with the question, and that when the war i.*,? 1 *, 1 * 1 ® Pre<, * c * ent was called upon to deal -T . .l? 1 ®, t t u ** t,0, >> tor It became bis duty to see 'ir* « of ,h ® k' Dlt « d States were executed In the Southern States, and that they UnRed Stmtes* 81 pr ® ctic * 1 ^ ® 1 ® tlon, with the What, then, was the condition of the South ? r ® ,,or * d »nd did the people vleld inch qfedlence to the lew end respect to the euthomy of the Government as juitl-

I expressed as mv oointon, which I hold yet, lU*t by virlu«of Ukift oontULulioual obligation

amending their constitution, an,I bringing It , of h » r “» on *, of , l ‘ nl ' ,n , h ” beon into practical relations to the United State*. aw * y from holb * pr -"o a * ° r “>« country, bo-

The President proclaimed that when the people themselves have thus amended their constitution and placed it in harmony with tho Government of the United States tt will be recognized by the executive department. HI* purpose then was to aid the people, to give them the support of an organization,

as Congress, without any cansl vision on tho iiihjoct, gives tbo

rltory an enabling act, not because Congress has tbe power as an original thing to e-tablDh a territorial government, but because Congress has the power to admit new States Into the Union. Congress may do that which will eno.

gantzatlon, just , ropui slltiulonal pro- , sn( | wit people of a ter- i , nil well un , t | tht

act, not because Con

of harmony and of union has been away from both sections of the country,

cause ot tho strife that you hsv* thus kept up.

For what have you done It? What end h*ve

you attained? What good hae come? Was the constitution as amended in North Carolina not right? Our fathers said it was right

when tbay formed the Union with North Carolina a* one of the original thirteen; they

bllcao form of government, h North Carolina contented this rebellion came on; and

then, when the State had com* through the war with her constitution still in force as a legal document, and the people amended It only In three or four particulars, (those thre •

m.Vi?; r 7 J, , . c particular* that l mentioned being the mater-

people to bring their State Into practical rela-

tions with the government.

with the government,

Afy colleague and othirs have said that Mr. Johnson regarded this government which was to be established In North Carolina as provlstonal. There is a mistake right bere, and a very eerlous one. Tho President In his proclamation, and everywhere, recognizes tbo authority of Governor Holden as provisional, as temporary; that bl* power was to be but for a time; but until wbat time? Until tbe lime thftt the people, exercising their original sovereignty, could act and place their State government in proper ehape. That government that the people Were to reorganize was not to be prorfsionsl. It waa to he aa enduring as tho people eottfd nuke any government. He did not contemplate that it was to be provisional. He contempleted that it should be perpetual. Ha ^uthorleed the Govenior to aid the people "Ih amending their conatltution, and wheirthe amendment should be adopted, what wae the efffect of Itf Did he contemplate that aa amendment of the organic law of a State Waa but temporary? Doee any Senator attribute neh folly to tbe President? No, sir; the government that wae provisional in North Caroltlin wae th* authority ol the Governor. As sdon as tie b*0Id* acted and amended their State oonetitutton, toon the work was done; tbe proviilonal governor ceased to have any authority; aud firmly fixed, the State was once more in practical relations with tbe Federal

Government.

Mr. Preeldent, i cpn not understand why Seoatora have tqatfe such war against Mr. Johnson because be did this. I do not understand it. I takeitSenaiors are just; that they bring no railing accusation against the President. I have heretofore said, and I now repeat, that I am no partisan defender of the President; but I defend the President when I think he is right, because 1 claim to be a jus man. 1 want to know of Senators, after Mr Lincoln had issued his proclamation of the Sib of December, 1863, In which be placed this power in tpe Executive, and after you elected him upon that doctrine, bow can you say that Mr. Johnson ts wrong In doing the sa ne thing? After the proclamation of the 8th of December, 1883, and al'ier the proclamation of July, 1884, when be threw back into your faces the congressional plan of restoration, and said he would be bound by oHrih policy, but that his hands should be i.eetothe close of the war to aid tho people In bringing thomselve' Into relations with the Government upon such plan as be thought was best—after all that you elected Mr. Lincoln President, and you—I speak with respect to the nnj intydf this body—you said to your supporters at home that that policy was right. You can not vote It and then come into *h n Senate and den -rince It. Iflt was right 'r. Lincoln to do t* it Is not wrong for M. .j iu; and, an a * man, although I did n ' ' ,i to elect r 1 shall say that consLs: “.not to be condemned by men that p. Uicipated in it through-

out.

Mr. President, Mr. Johnson ado >tcd simply Mr. Lincoln’s plan. 1 am going to settle that point beyond alt question, aud first I shall do it by the authority of my colleague, which, in my Judgment, Is quite sntUcletU authority, inasmuch as bis speech has been recognized on all sides as tbe proper and able exposition of the policy of the party tn power. My colleague aald—and tbla, you will recollect, was after tbe eonventlons bed beencalled; IbeHave after they had bean in cession, or while they were la session In they* Southern States—

and declaring that the rebel debt should never be paid,) I waut to know why, then, you made war upon It? When these amendments were thus made whst was there in tba constitution of North Carolina that your Judgment* and your conscience condemned? If North Carolina came with her old constitution and abolished slavery ami adopted these other

amendments, wtiy did you not let her In ?

You can not say to me that you did not Intend traitors to come here and sit with you, liecause you had passed a law iu 1802 saying that no man who had given aid tn the rebellion should sit here. You claim that law to be valid aod constitutional, and that It keeps out of these chambers and from every Federal ofiice every man that participated In tbe rebellion or gave It aid or comfort. Then why have you kept this country distracted. Its business disturbed’ tbe hopes of tho people depressed, for two years, when these constitutions, with these provisions, came to you. and there was nothing to do but to admit the State* to lepresentatlon? Answer that question to the judgment of tbe counlrv, and your policy of reconstruction will stand better iu

popular Judgment. *

Wbat ha* been done since? Wlfat have you accomplished by thl* delay? You can lay your band of logic upon but one thing. You hive not abolished slavery, because that , was done before you commenced, by a constitution that the people of each Stato in the South were satisfied with. What have you done to make tt anv better than the Johnson policy made It? You have excluded from the right of voting a portion of tho white people, and you have given the right to vote to tbe negroes. If you can tell me ot any other thing that you have done by this controversy and strife, this disturbance of tbe country, this rejection of the constitutions agreed to by the people—if you can tell mo of anything else you have accomplished, I should like to know what it is. You have taken tho robes of political power off the shoulders of white men and you have put them upon tbe shoulders of

negroes.

Gentleman may moralize In solemn tones, M if they came from tbe tomb, about the gallantry and distinguished services -of the negroes in the war. I can tell you that with all the political and party ambition that you have, with all the party power you have, you have not power to take the garlands from the brows of the white soldiers and put them on the heads of the negroes. You can not do it. What UrigiitwHI stand. And lean tell you that all over this land. In every neighborhood, there are the soldiers that nave returned home who will vindicate and defend their own honor against this effirt to appropriate the glory of the white “ boys ” to the negroes. There is not a battle in tho war that was won by the negroes. There Is not a point that was cwried by them. That they did their duty I “u not going now to question; but It was the courage and the high qualities of the white troops of the North that carried onr flog In triumph from the Potomac to the Gulf. Thon, sir, to return to tho question, why have you pursued this course? The commanding General of the army said that tbe public sentiment at the close of the war wa* in a most healthy condition. My colleague bore testimony of like character. That was the judgment of all men in the country. Tbe condition of tbo country wa* ausplcteue, end the popular mind was in a proper condition for free government then, and we ought to hsve taken advantage of it. And tbe Presi. dent and tbe people did takt advantage of It,

Senator from Wisconsin. He is tbe most honored man l have scon. No single Senator will admit that he has been answered. Each one that come* up to the work undertakes to snswer him as If be had not been answered at all before. Ksallv, sir, 1 envy the honorside position of tbe Senator from Wisconsin. When S-natrrs get done answering his speech, they will then have overcome the foundation dcctrincs of our Government. The Senator from Massachusetts [Mr. Wilson] characterized Toombs tbe other day, and ihr instant that he bad closed tbe sentence, he turned round to the ienater from Wisconsin and said that his speech was unpatriotic and wicked- Who clothed the Senator from Massachusetts with the garments of Robert Toombs? Who has found in any of the chambers surrounding this Senate Hall the robes of office thst Toombs threw off, and brought them that the Senator from Massachusetts might wear them? Sir, denunciation will not serve gentlemen. There sre not many of us in the minority here, but, few as we are, we feel that we are standing in tbe Thermopylae of our country's history, and 1 believe there will not

one flee tbe combat.

1 have been gratified by ono thing In the debate. Each Senator apologizes for the disfrancbiHcment of tbe whites, and each speech ts an r ffort to make the number diafrancnlsed as low as possible. I have discarded ail estimates. When we were Induced—no: when yeu, 1 will not say “we,” because I had no part or lot in the business—when you were induced to vote for these laws, it was under tbe assurance oi tbe gentleman baring charge of the propositions that they disfranchised six to ten thousand. Now, you admit a disfranchisement of about fifty thousand, and 1 expect that my friend from Pennsylvania Is nearer tbe truth than either estimate. But I do not think you are authorized to ask me to credit many more estimates; your mistake# are too large. Uave you stopped to consider

“The day after tha camping place they ? occupied previously was discovered, and here were found the notes, bonds, and bank stock of Willis Briefly, tbe m m whom I have hitherto reported murdered in the presense of his wife; and who was also robbed of a trunk containing a large amount of specie and State money. The desperadoes confessed to tbe above murder; also that they robbed and beat a Mr. Taylor; that they .-hot a Mr. <J. M. A. Griffin, and that it was then their intention, before arrested, to pill ige and destroy the stores and residences at Fountain Hill, a village close by, as well as a Mr. Pittman’s residence, about a mile from where they were

arrested.”

This came over the telegraph from North Carolina within a few days. Tuts is a large organization disturbing the peace and quiet of society and dangerous to tbe lives and property of the people. Oa the subject of this strife that may come, as my colleague said iu his speech of 1863, between the two races I have Justthlsto say: that that strife when it comes is likely to come from such sources as I have read, and is likely to be accompanied with scenes of barbarism and cruelty such as we cannot contemplate without horror. Very recently I had occasion to express my feelings tn regard to that, and I did it iu this lan-

guage:

“Whatever may have been the sympathies ofthe North on the question of freedom from slavery, you need not thmk they will be with the negro in this horrible contest now imminent; for when theN orthern man sees the mother and children escaping from the burning homa that has sheltered and protected them; when he hears the scream of beauty and innocence in the flight from pursuing lust, if ever he venerated a mother, or loved a sister or wife, his heart ami hand will be for the pale-faced woman and child of his own race. Whatever may have been the sympa-

... thles of the North for the nogroetn the claim

the number of men that are disfranchised made on his behalf for civil rights, just and

of December the people of Green county wer?" to them by Mr. Stevens in the letter which

the honorable Senator has read, i never entertained any such opinion, nor do I believe that any other member of that committee ever entertained that opinion, so that the remarks, so far as it is applicable to that committee, it

strikes me is gratuitous.

Mr. Hendrick-—Mr. President Mr. Coukiing—If the Senator will allow me one moment I will say that I have heard this statement of Mr, Stevens repeated over and over again anil I never knew what it meant; and 1 wiil say further that there never was to my knowledge, on the part of toe Reconstruction Committee speaking at large, or the branch of that committee which belong, d to the House of Representatives, any foundation whatever for the assertion that they supposed they were acting outside of the Constitution, or in derogation of the Constitution. I am sure no such thing ever occurred when I

was present.

Mr. Hendricks—Mr. President, 1 think the majority ought to keep a close record. My colleague spoke of the process of education that has been going on for two years. Two or three vears ago the Senator from Massachusetts [Mr. Sumner] stood in this body and Mr. Stevens in the House of Representatives alone when they proclaimed that the Southern States were in the condition of Territories, to be legislated for at the pleasure of Congress; and I recollect in the course ofthe debates the burning words filtered by the Senator from Maine [Mr. Fessenden]—I can not give the words— and the flerce attack of the Senator from Ohio [Mr. Sherman] upon the Senator frem Ma-sa-chusetts, charging that be stood alone. Where did he stand then, Mr. President? He stood just where the preamble to this legislation today makes you all stand. He stood there then. His party in this House and in the country did not stand with him upon the doctrine that these States were so subjugated, their governments so lost and destroyed that Congress had absolute control and dominion over them. That was the doctrine of the Senator from Massachusetts and of tbe leader in the House of Representatives, and I believe that the Senator claimed it under this very clause now resorted to, the obligation ot the government to guaranty to each State a republican form of government. Now, when these learned gentlemen *nd grave and able Senators have come to the Senator from Massachusetts, have come to the distinguished and bold leader of the House of Representatives, and stand by him upon a doctrine that they repudiated two year s ago, I think he is the most reliable authority upon the doctriue of the party to.be found next to the Senator from Massachusetts. They are tegether. He savs that this is outside of the constitution, aud he says that we all knew it. You gentlemen disclaim it. Beit so; but somebody is with him.

under yeurblll? If it applied only to the men who held ofiice at the breaking out of the war, th* number would not be very large. If It applied only to tbe men who held ofiice during the war, the number would not be so very large. But, sweeping the whole country, you exclude not only all men who took an oath to support the Constitution of the United States, but all men who held ofiice at any time during their lives. You exclude all these from the righto! voting. That extends to every neighborhood, a sweeping thing, picking’ hero a man and there a man, until the number Is very large. I am glad to hear Senators say that they regret that it is so large. That is an admission that you know it is wrong. I think I bear the Senator from California say in his seat that we do not all admit that It Is wrong. Mr. Connesn—I said we do not all share in

that regret.

Mr. Hendricks—The Senator says all do not share In that regret. My opinion is that In all probability tbe Senator from California would have liked to see the entire white blood stricken down politically and all the political power put into the hands of the negroes. I am against it, sir. Mr. President, I say that when Sinators try to make the disfranchisement the smallest number possible it is an apology for what ts felt to be wrong. My colleague said that President Johnson’s proclamation excluded two hundred and fifty thousand or three hundred thousand white men. When Air. Johnson’s proclamation did that he left the political power of the South in the bands of tbe balance of the white people; be did not strike down a part of the white population and then enfranchise all the negroee. A great effort and strain 1* mail* In this debate to show that you have not established negro supremacy over tbe white people of the South, and when you make that argument It is au apology for your 0t. Now, sir, figures show the fact in all the States of the South. Taking ail the registered voters there are for-ty-live thousand pine hundred and seventyseven more negroes registered than there are' white people. That Is the aggregate, excluding Texas, from whieh the returns are not yet full. There are about forty-six thousand more negroes registered than white people. Another apology is made for your measures that you feel are not right. It Is that the white people would not be registered. My opinion about it is, from all the evidence I have on tbe subtect, that In very mtny localities registration was a most disgusting fraud; and for the purpose of carrying the States negroes were registered over and over again In different names, and white men were denied a registration. This was a serious complaint. But to-day I saw aa account of one of tty Louisiana parishes in which the registration was a disgrace if the a>atement be oorrect; bat I do not elaim any force now to that statement, because tt is simply upon newspsper report; it may be true or it may not. This is the fact at we now stand before the country—that under your law a majority of negroee are allowed to veto in the Southern States, and In five of the States them 1* a decided negro majority, and tboy ean control the States at any time. And Id Georgia there Is bat s few hundred dtff«r*nee between the two, and with the white men who, for tbe take of office and to eontrol tbe entire solid negro rote, will go with them they ean carry

Georgia.

Mr. Fresldent. bv what authority do you control sufffagef I want to road my col-

generous men will turn with horror from the congressional policy that places the white race under the power and government of tbe negroes, and seeks to establish ten negro States In the Union." Frequent reference tn the course of this debate have been made to supposed outrages and cruelties upon Union men in the Southern States. On that point I beg to refer to Report No. 23. ofthe Thirty-Ninth Congress, in the House of Repre^ntatives. In the minority report the following statement of the evidence

ts made:

‘Tt is true that they (Generals Thomas, Sickles, Wood and Baird) mention, in general terms, that Union men, Federal soldiers and freedmen were not safe in their departments, but when asked to specify the number of cages, and the locatRle* where they have occurred, and the names of the parties injured within the last twelve months, they could only mention one case in the State of Tennessee, at Nashville; one In the State of Mississippi, at Granada; one in the State of Louisiana, on tbe read between Alexandria and Monroe; and not a aingle case in the State of Virginia, except the Watson case, and no case iu North Carolina, Georgia, Florida or Alabama. “General Thomas proved that the accused In the case at Nashville was promt tly arrested

and held for trial.

“General Wood states that in the cate of the murder at Granada, ‘ihe civil authorities did exert themselves to have the murderer arrested, and Ifiat It was u >t their fault that he

was not arrested.’

“General Baird says, In regard to the murder of the ofilcer of the freedmen’s bureau, on the road between Alexandria ami Alonroe, ‘that we never succeeded In finding out the

partiea who did it.’

“General Scofield testifies: ‘I have not seon any disposition manifested to Interfere with soldiers of the United States, so far as committing assaults on them, and I know of no Inatanoe In which there has been anything like an unprovoked attack upon them,’ and a*to the freedmen, he says, ‘When negroes are arrested under any criminal accusation, I think they are dealt with rather leniently than severely. I do not think there Is a disposition to persecute them, or to be unnecessarily harsh to them. In fact the general feeling of the respectable people of Virginia la that ol pity toward the freedmen. They ail testify tn the mostexpliett manner‘that they have no fault to find with the Governor* of the respective States, or the high officials, or the lodge* of tbe superior courts, or the intelligent and well-informed citizens; ‘that they have always manifested an earnest desire to assist them whenever called upon so

to do.”

air, when I have noticed a very few point* made by my colleague upon matters * ®*® et, F connected with the issue before

the Senate, I shall have closed what I felt It to b* my duty to tay to tbe Senate. He any* that gentleman spoke but for himself

when ha said your reconstruction measures were outside of the constitution. J suppose ray colleague refsrs to Mr. Sievens, of the

Honae.

Here la what Mr. Stevens said upon that subject. I read from his letter of the 23th of

IM7-

August, 186.:

“ Some of the membsrs of

the Senate^’—

•ome of the majority, of course, he refer* to— “•e«m*d to doubt their power under tbe CootUtQtion which they had just repudiated, tad wholly outald* of which all agr*«4 that

Mr. Sumner—Will the Senator allow me to interrupt him? Mr. Hendricks—I ask to be excused. I know just where that will run to. Mr. Sumner—I do not mean that it shall run

long.

Mr. Hendricks—I know it will; the Senator will excuse me. Air. President.thisleader, champion, bold, defiant, able, says that it is a clear case of legislation outside of the Constltjtion. Mr. Sumner—I hope my friend will allow me to say that i never did agree with that distinguished authority on that point. 1 have always Insisted that all the reconstruction measures were positively within the Constitution of the U ailed States. Mr. Hendricks—Now, Mr. President, if l had attributed the sentiment to the Senator from Masachusetts, of course he ought to hav e explained; but I did not say that he stood logically with the distinguished leader of the House. I understood as I said, that the Senator from Massachusetts two years ago stood upon tbe guarantee clause. Air. Sumner—So I did. Mr. Hendricks—Certainly you did; and you were told by the distinguished Senator who introduced this legislation last session that you stood alone in that. Somebody has come to you- who is it? Mr. Fessenden—Mr. President, If the Senator will persist tn these statements In the face ol the 5.mate and the country, he must expect to be interrupted snd have them denied. The doctrine of the Senator from Massachusetts upon whjch I made that remark was found in the resolutions which he offered on the verv first day, l think, of the last Congress: and the dootrine whieh he there laid down was that these States had ceased to be States in fact and had become Territories. That was the doctrine to whtoh I alluded; it was a single remark of mine, and It went no further than that-simply that I believed that the Senator stood alone. 1 will not commit the offense of saying that I think he stands alone to-day upon that doctrine; but I have heard nobody In the Senate express the same opinion. The Senator from Indiana says that the legislation we have since agreed to brings us to that doctrine. That is an inference, an ar' guraent of his. If be can make it out to Uis own satlefaction I have no objection; but l repel tbe idea so far as 4 am concerned. Mr. Hendricks—Mr. President, if Senators will now allow me I will go on, and not agaiu refer to any ol these sensitive subjects that aro likely to excite discord among tbe gentlemen of the majority. Mr. Fessenden—There will be no sensitiveness so long as the Senator confines himself to the facts. Mr. Hendrlekg'.What fact did I not statet Hag not the Senator from Massachusetts nodded his head in approval to whst I stated? I did not state what position the Senator from Maine occupied. I said the Senator from Massachusetts occupied the ground that under this guarantee clause Congress had power of legislation over, these Ststes. -i ®“raner—The Senator from Indiana is right; I founded my position on the guaran-tee-clause. Mr. Hendricks—Now, Air. President. 1 will not progecute this matter further. There can be a special caucus held to settle this partlcu 18 * ?f h ‘ b t twecn Mr. Stevens and hit brethren. If he has placed anv 7>i them In the wrong lo ihe church they can cal him to account. It li none of mv bn»ine»a He sayi it It outsld. ol the CgnstTtutlon. ^e'

•J