RESTORATION AND THE UNION PARTY. /^I^C- SPEECH Hon. Henry J, RayxMond, OF NEW YORK, ON THE CONDITIONAL ADMISSION OF THE STATES LATELY IN REBELLION TO REPREaENTATION IN CONGRESS. Delivered in the House of Representatives, June 18, 1866. NEW YORK: BAKEB & GODWIN, PRINTERS, FJMNTING-HOUSE SQUARE. 1866. i? RESTORATION AND THE UNION PARTY. 4^ Mr. Raymond— Mr. Speaker, I regard the ac- tion which this House may take upon the bill now before it as of very great importance. The bill embodies principles which touch very nearly the fundamental principles of our Government ; and it proposes measures which must affect m a very serious manner the peace and welfare of the country. I ventiire to hope, Sir, that every member of this House will bring to its consid- eration a mind unbiased by prejudice and unin- fluenced by passion, and that he will act upon it with sole and exclusive reference to its probable efiect upon the prosperity and welfare of our common country. I know how difficult it is to withstand the influence of habit and association, personal and political, upon our action here ; but if there ever was an occasion when it was in- cumbent upon each one of us to do all in our power thus to emancipate ourselves from undue and improper influences, I think. Sir, that occa- sion is offered by the bill which now awaits oiu: action. When this Congress met, Sir, now seven months ago, the war against the rebellion had been closed for half a year. The President of the United States, exercising what he beUeved to be his rightful authority as the chief Execu- tive of the nation and Commander-in-Chief of its armies, had set in motion the machinery of government in the States where it had been sus- pended by rebellion. He had appointed Provis- ional Governors, by whom, under his authority. Conventions and Legislatures were summoned, and elections were held ; and those Governors, Legislatures and Conventions,took steps to bring the States back to theii- normal condition, so far as exercising the power of self-government v.'..d concerned. When we met in December last but little remained to be done to complete the work of restoration. The temper of the people in the Southern States was that of submissive and loyal acquiescence in the results of the war. AH that remained was to heal the wounds the war had made, and embody in proper form the principles it had established. At an early day of the session, as early as was proper and convenient, I stated, in the course of some remarks on the general sub- ject, what I thought Congress ought to do— tho specific action it ought to take, to complete the work of restoration ; and, with the leave of the House, as it is very brief, I will read the para- graph in which that statement was embodied : " In the Urst place, I think we ought to accept the present status of the Southern States, and regard them as having resinned, under the President's guid- ance and action, their functions of self-government in the Union. In the second place, I think this House should decide on the admission of Representatives by districts, ad- mitting none but loyal men, who can take the oath we may prescribe, and holding all others as disqualified, the Senate acting, at its discretion, in the same way in regard to representatives of States. I think, in the third place, we should provide by law for giving to the freedmen of the South all the rights of citizens in courts of law and elsewhere. In the fourth place, I would exclude from Federal office the leading actors in the conspiracy which led to the rebellion in every State. In the fifth place, I would make such amendments to tho Constitution as may seem wise to Congress and the States, acting freely and without coercion. And sixUi, I would take such measures and precau- tions by the disposition of military forces as will pre ■ serve order and prevent the overthrow, by usurpa- tion or otherwise, in any State, of its republican form of government." Nearly all of these points have been covered by the action which Congress has already taken. The status of the Southern States has been sub- stantially recognized by both Houses in their action and their recommendations. No one in either House proposes to change or disturb it. We have provided, not only by law, but by an amendment ol the Constitution, for giving to the freedman of the South all the rights of citi- zens in the Courts of law and elsewhere, and for protecting him in their enjoyment. We have also provided by an amendment of the Constitu- tion for excluding from office the leading actors in the rebellion. We have adopted such other amendmenta to the Constitution as seemed to us wise and essential, and we have now just passed a resolution directing them to he submitted to the several States for their ratification. Congress adopted those amendments because it beUeved they ought to form a part of the Constitution, and I voted for them for that rea- son, and for that reason alone. I discussed them on their merits. I dechne to discuss them other- wise. I voted for them on their merits, and not ae part and parcel of any scheme of reconstruc- tion or restoration, except to this extent : that I beheved their adoption here would promote the tranquiUity of the country, and that their em- bodiment in the Constitution would restore har- mony to the Union and aid in securing the fu- ture safe y of the Eepubhc. Those amend- ments have now gone to the several States, and if adopted by three-fourths of all the States— by three-fourths of the thirty-six States that com- pose this Union— they will become vaUd to all m- tents and purposes as a part of the Constitution of the United States. I deem it highly import- ant that these amendments should be acted upon in all the States, by Legislatures chosen by the people with reference to this very sub- ject. I do not hold that this is necessary to their vahdity ; but I do thiak that justice to the people, justice to the country, and a true and wise regard for the requirements and spirit ot the Constitution demand that it should be sub- mitted to Legislatures not elected without refer- ence to it, but to Legislatures chosen by the people for the express purpose of acting upon it. We must remember that we who have voted upon these amendments were elected to Congress without the shghtest reference to the important question upon which we were thus called to act. The question of amending the Constitution was not then before the pubUc, and has never been pubUcly discussed. The people have had no opportunity to act upon it, either directly or in- directly. It does not seem just that important amendments to the Constitution should be pro- posed by a Congress and ratified by Legislatures while not a member of either was elecbed with any reference whatever to that subject. Cer- tainly, great moral force would be given to the amendment if it were adopted by members chosen by the people with special rreference to this point. But, Sir, in my previous remarks, from which I have already quoted, I insisted that the States, in voting upon these amendments, should " act freely and loUhoiU coercion." I regard that, Sir, as of vital importance. Amendments to the Constitution forced upon an unwilling people will never command the respect essential to their full validity. They will always be regarded as badges of injustice, as permanent and indelible marks of inferiority ; and whatever acquiescence they may command will be reluctant and con- strained, not the cheerful obedience which a free people will always yield to constitutions and laws they have freely made. This bUl, Sir, violates that fundamental condition. It seeks to coerce the States lately in rebeUion into the ratification of these amendments. It denies them represen- tation unless they do ratify them. The first sec- tion of the bill, after reciting the amendments adopted by Congress, enacts : " That whenever the above-recited amendment shall have become part of the Constitution of the United States, and any State lately in insurrection shall have ratified the same, and shall have modified its Consti- tution and laws in conformity therewith, the Senators and Eepresentatives from such States, if found duly elected and qualified, may, after having taken the required oaths of ofiice, be admitted into Congress as such." Here are three things required as conditions without which no Southern State shall be admit- ted to representation in Congress : First, the above-recited amendment must first "have be- come part of the Constitution of the United States" — that is to say it must fii'st have been ratified by three-fourths of all the States ; sec- ond, it must be ratified by each of the States lately in rebeUion seeking representation ; and third, that State must have " modified its Con- stitution and laws in conformity therewith." Now, Sir, the fin'st of these conditions is not within control of the States upon which they are imposed. Suppose every Southern State should ratify these amendments and enough Northern States should refuse to ratify them to secure their defeat ; must Southern States be denied representation for the default of others ? This provision, Sir, puts it in the power of the New-England States with three others to ex- clude the Southern States from representation forever ; I am sure Congress can never sanction so gross a wrong. But my objection to this bill goes further than this. I hold that we have no right, no power, under the Constitution of the United States, to impose such conditions of representation at all. We sit here as a Congress to exercise, not im- limited powers, but only such powers as are delegated to us by the Constitution of the United States. We have none of the sovereignty, the omnipotence, that is claimed by the Parliament of England. It is one of the distinctive features of our Qovemment that we hve under a written Constitution, by which the powers conferred upon the Government and upon each of its de- partments are expressly defined. All the power we have comes by express grant ; it is conferred upon us by the Constitution. The Constitution ' says Congress shall have power to do certain 5 things, which are enumerated and distinctly set forth, and then it is expressly declared that the powers not delegated are "reserved to the States or to the people thereof." We can, therefore, do nothing which the Constitution does not em- power us to do, either in express terms or by necessary imphcation from the terms employed. Now, if I am right in this, I ask anyone here to point me to the clause of the Constitution which confers upon Congress a right to say that Eepresentatives from any State shall not be re- ceived into Congress until that State shall per- form certain acts, mate certain laws, or do cer- tain things which we may dictate. Where is it in the Constitution ? Is it embodied in any Article ? Is it implied in any clause, either directly or in- directly? I cannot find it. On the contrary, I find an express declaration in the Article which empowers Congress to propose amendments to the Constitution, an expUcit provision that "no State shall be deprived of its equal su&rage in the Senate without its own consent," even by an amendment of the Constitution. This biU proposes to deprive States of such equal suf- frage by a law. It proposes to do by enacting a l.iw what Congress and the States together can- not do by amending the Constitution. I must maintain, until I am shown to the contrary, that we have no power under the Constitution of the United States to pass such a bill as this, or to enforce its provisions if it should become a law. I am told, however, that the law of conquest is higher than the Constitution, and that we may, under that law, exercise over these States the right of conquerers and dictate to them such terms as we plea^. I have at previous stages of this discussion, or of the discussion of this gen- eral subject, so fully expressed my opinion upon this point, and my reasons for it, thati will no t enter into that argument again. In my judg- ment the war just closed was a war against re- bellion. I hold that while it crushed the rebel- hon it did not impair, to any degree or extent, the validity, force or binding authority of the Constitution of the United States, or the rights, duties, or obligations of the States under that Constitution. On the contrary, it reaffirmed and reestablished the authority of the Constitution in all its fullness over all the States and over every department of the Government of the United States. That Constitution is to-day for us, for Congress, for the President, for every State, and for every Legislature, and for every court in every State, the " supreme law of the land." We have crushed the rebellion which disputed its sovereign authority, but we thereby only confirmed and reestabUshed its supremacy. We have achieved no conquest over that, and no law of conquest touches that in any particular. We are bound by its provisions, we are restrict- ed by its prohibitions, now precisely as we were before the war. I am told, furthermore, that the law of neces- sity requires us to impose these conditions upon the admission of representatives from the States lately in insurrection, and that the law of neces- sity supersedes all other laws. Certainly not the law of military necessity. No one pretends that any mUitary necessity now exists. I am not pre- pared to concede that we have ever set aside the Constitution of the United States, even under the nuhtary necessity which the war was sup- posed to create. In my judgment the Constitu- tion furnished us with power to carry the coun- try through the war, and we have not violated its provisions ; we have exercised no power not included within its permissions, even m the con- test from which we have just emerged. But the war is over. Mihtary necessity no longer exists. Is it, then, a matter of poUtical necessity that we should exercise the power asserted in this bill ? I am told that unless we do so the South will gain by votes what it lost by arms. The joint Committee of Fifteen, in their report, assert that if members from the Southern States be ad- mitted into Congress the rebels will gain by votes on its floor, by legislative action, by taking part in the Government, what they lost on the field of battle. Now, Sir, I will not stop to remind Congress of what Congress seems much disposed to forget, that this is a Government of the people ; that the people of the whole country and ail the States of the Union are not only entitled but are bound by solemn obligations to take part in that Government ; and that whatever the people gain by votes they gain legitimately and in accord- ance both with the Constitution and the princi- ples that lie at the foundation of our Govern- ment. ALLEGED DANQEBS FBOM BEADMriTING THE SOUTH TO BEPEESENTATION. But, not dwelling upon this point, I deny the existence of any such danger. The apprehen- sion is plausible perhaps. Judging from the past we may naturally fear that the poUtical actoin of the South may again be hostile to the Government, but a very little reflection wiU show how small is the peril which is thus involved. There was a time when there was reason to fear the ascendency of the South in the Government of the nation. There was a time when the South, as a separate section, with institutiona hostile to the general good, seemed likely to grasp the sovereignty of the nation and wield it with exclusive regard to its own am- bition and its own interest. That time of real danger was when the Missouri Compromise was repealed, and Kansas was likely to come into the Union as a Slave State. If she had thus come in the number of Free and Slave States would have been equal. But then the South had elements of political power which made her formidable. She had wealth. She monopoUzcd the best cotton of the world. Her cotton, sugar, rice and tobacco swelled the vast volume of our commerce, and regulated our exchanges with Europe. She had for poUtical leaders men of great intellects, of ii'on will, of towering ambi- tion, men fit to stiniggle for empu'e, and able to infuse their own bold and audacious tempers in- to the great mass of the Southern people, over whom their influence was absolute and unbound- ed. She had a niunerous population, active, as- piring and bold — a generation of young men trained in the school of Calhoun and McDuffie, nursed in the doctrine of State rights and State sovereignty, taught to beUeve in the right of Secession, and educated in the faith that the South was the victim of Northern tyranny. The South had the institution of Slavery, an institution powerful beyond conception, as a bond of union to the Southern States. Menaced and assailed by the North, threatened with de- Btruction from every quarter, obnoxious to the moral sentiment of the civilized world. Slavery gave the South, as a pohtical power, unity of action, compactness, force, energy and influ- ence in the National councils such as no other single instrumentaUty ever gave to any section of this country from the beginning of its history. It gave her, too, an alliance with the Democratic Party of the Northern States, a party powerful al- ways by its traditions audits popular sjonpathies ; powerful by the great men who had distinguished and controlled it ; by what it had done and by what it had attempted. Slavery enabled the South to make an aUiance ofifensive and defen- sive with this Democratic Party of the Northern States, and the two together wielded the power of the nation for a long series of years, and but for the overweening ambition of Slavery would have continued to wield it for many years to come. Then, indeed, the Southern States, as a political power, were formidable ; then we had reason to fear their permanent ascendency. The country felt the danger, and the people came to the rescue. It was then, when that danger became imminent, when it pressed itself upon the feeUngs, atten- tion and fears of the whole nation— it was then the Eepubhcan Party was formed, and checked this aggression upon the freedom and liberties of the Republic. That party was fonned in 1856, and it fulfilled its mission ; it triumphed and checked the aggression of Slavery. It turned back in its career of triumph, not only the insti- tation of Slavery, but the Democratic Party, which had become its ally. It relieved the na- tion from the exacting sway which had been fastened upon it, and restored our country to the position where it could again exercise the rights of a free and independent people. How is it at the present time ? Has the South this power now ? Suppose we assume that the old division still exists, that there are still two poUtical sections in our country, one slave, the other free, stUl strugghng for ascendency ; what ' are their relative numbers and strength ? The , South has been diminishing, while the North has been increasing. New States have been added to the North year by year, until now, while the Southern States — while the Slave States, if you choose so to designate them still — the former Slave States, even counting among them Maryland, Kentucky, and Delaware, num- ber hut fourteen, the Free States number Iwerdy- tioo. In 1850, after Cahfomia had been admit- ted, the Free States were sixteen and the Slave States fifteen in number. Even ii this old divis- ion still existed, the Slave States would have twenty-eight members of the United States Sen- ate while we of the North would have forty-four. In this House they would have seventy-three, while we should have one hundred and sixty-nine. Thus we should have more than two to one in this branch of the national Legislatm-e. But I am told the South is to have an augmented strength here m consequence of an in- creased representation growing out of the emancipation of the slaves in the Southern States. Well, Sir, this is worth consideration. I am very glad that we have adopted a Constitu- tional Amendment which will remedy that in- equality ; for it is unquestionably an inequality, though it is one that has existed from the very foundation of our Government. But, Sir, the Southern States previous to the war had four mil- lion slaves, three-fifths of whom were represent- ed on this floor ; that is to say, they were en- titled to the full representation of their white population and of two nulUon four hundred thousand more. The slaves of the South thus gave the South ticenty additional members, tak- ing one hundred and twenty thousand as the ratio of representation. How is it now ? I take it to be universally admitted that the war has proved far more fatal to the colored population of the Southern States than to the whites. The testimony of all who are familiar with the statis- tics of mortality duiing the war is to the effect that at least one-fifth of the negroes of the Southern States have perished during the rebel- lion. Many of those most famiUar with the sub- ject estimate the ratio at a still higher figure. Gen. Geant, I believe, thinks that one-fourth of all the negroes who were in the South at the opening of the war have perished. Gov» Aiken, of South Carolina, testifies. flrom his personal knowledge, that of his own slaves, who were probably as well treated and as mucti protected as any portion of the Southern people', more than one-foiu'th have perished during the struggle from which the na- tion has just emerged ; and Jeitekson Davis, 1 see from the pubhc prints, concedes that one miUion of the slaves, one-fourth of the whole, have probably disappeared. I think it, there- fore, a reasonable estimate to assume that one- fifth of the four miUion slaves who were in the South when the war broke out are there no longer. This would leave three miUion two hundred thousand as the present aggregate of the freed slaves of the Southern States, and they are to be represented man for man if this amendment to the Constitution be not adopted. That will give them, at the same ratio of repre- sentation, as any gentleman wiH ascertain by making the calculation, twenty-six members, where they before had twenty. The number of their Representatives, therefore, from this single source of power, is to be increased by the addi- tion of precisely six. They will have six more members on this floor than they would have had if all their slaves had lived, and the three-fifths ratio of representation had been preserved. I do not think, Sir, that this is very formid- able. I do not think we need apprehend that by the addition of those six members, the Southern States will gain by votes what they have lost by arms. We must consider, too, that they have lost, by deaths among their white population, almost as largely as among the blacks — far more largely in proportion than the North. Their wealth has disappeared. They are utterly without resources. There is not a dollar in their treasuries. They have not a gun nor a bayonet nor a round of ammunition from one extremity of their land to the other. They have none of the elements of aggression. They have no power to make themselves formid- able. They have lost all political influence and standing. Their leaders, who gave direction and power to their poUtical councils, have disappear- j ed before the breath of the terrible whirlwind which they themselves evoked. Their young men, who, trained in the school of secession, ■were ready and ripe for the contest, Ue beneath the soil which they deluged with blood. Slavery, the great bond which kept them together, has disappeared before the same dreadfiil tem- pest. They have no longer that great bond and pledge of united action. Their industrv is utterly disorganized; their lands he waste and untilled; iheir railroads are torn up; the waters of their nvers overflow their lands and destroy the crops which alone can give them even the means of Ihing. There is no longer reason or justice in Bpeakiog of the South as a section: as having separate interests or separate aspirations or (he power to act as a unit for any special end. That which gave it power to act compactly haa disappeared. It has lost, too, the power of ally- ing itself with any party in the Northern States, for in losing its unity it has lost everything that made such an alhance desirable or possible. And even if it should attempt such a union for purposes hostile to the general good, no party in the North would dare for a moment to give it countenance or support; for the moment that any party of the North should unite with those of the South who should aim at such a thing, that party would go down before the wrath of the Northern people, as every party has done hitherto that lent its aid to designs hostile to the hberties of the Kepubhc. Now, Sir, while they in that section are thus losing power constantly, having no resources from which to supply it, we of the North, on the contrary, are constantly augmenting our power by the growth of population ; by immigration from the countries of the Old World ; by aug- menting wealth ; by increasing activity and en- terprise ; by advancing culture ; by everything that gives dignity and force and power to great communities of men. State after State comes into this Union, every one free, and associated in sentiment, sympathy and interest with the northern section of this great nation. Shall toe, tJien, to-day fear the South? We have never feared it before. We did not fear it in the days of its power. We met it when the danger was imminent and apparent. We beat it here on this floor when it was ten times as powerful as it can be again within the next fifty years. And when, full of rage and unholy ambition, it fled discomfited from this hall and rushed to the field of battle, we beat it there. Yet gentlemen stand here to-day, saying that unless we have " guarantees," the ex- istence of the nation will again be imperiled and the traitors and rebels of the South will "gain by votes what they failed to secure by arms I" Sir, I cannot help feeling that this ap- peal to the fears of the nation savors somewhat of pusillanimity. I would far rather. Sir, look in other quarters for the motives that are to guide my action. I sympathize rather with John QtTiNCT Adams, when years ago he rephed to appeals of a kindred nature : " The Government of the United States never takes counsel of its fears ; it consults only its courage and its hopes." Why may we not to-day take the same high ground ; do what we deem to be wise and just, and for the good of the nation, without being deterred by the paltry appeals — 1 will not oaU them paltry, for their motive may be good — ^by the unjust, the unfounded appeals which are made to our apprehensions lest we should loeO' 8 that authority and control which we have never foiled to hold when it was a question of votes, and which we have gathered again to ourselves, and fastened here forever by the final appeal of differing nations, the field of battle. The South " gain what it has lost by arms !" What did it seek by its appeal to arms ? Its independence. It sought to overthrow the su- premacy of the Government. Is it seeking that now ? Is there any reason to suppose that the Southern people dream of seeking it again ? And is there the faintest shadow of discernible danger that, if they should seek it, they could ever under any circumstances accomphsh it? Does any man here or elsewhere beheve they can ever again make an appeal to arms, that they can ever again attempt to overthrow this Govern- ment under circumstances one half as favoraole as those which surrounded the trial which has iust been closed? They grow in strength, you ' say ; they increase in wealth and population. Ay, sir, and for every step they take in that di- rection we stride leagues ahead of them. THE ADMISSION OF EEBELS TO CONGEESS— THE TEST OATH — THE PBESIDENT AND THE DEMOCKATS. Moreover, Sir, this fear, this appeal to appre- hension, rests wholly upon the assumption that if theii' Representatives do come again into these Halls they will come as rebels. We are constantly told that " the rebels" are seeking admission to Congress, and there is very great danger of their getting admission here, and then, by alliance with other parties, seizing the power of the nation and wielding it against the pubUc good ; and the only way to prevent this catastrophe is to pass this bill for their exclu- sion. But, Sir, the remedy is as futile as the apprehension is unfounded. Every one knows that Congress can exclude them without this bill just as well as with it. This bill, if it becomes a law, can have no vaMdity, no binding force. The Constitution gives to this House the right— ab- solute, imqualified— to admit all members whom it may judge to be duly elected, returned and qualified. Pass this bOl to-day, you may to-mor- row, in spite of it, admit representatives from every Southern State if you see fit. The next Congress may repeal it as soon as it gets here. It mbruiumfulmen. No man on this floor will contend that it will interfere with or obstruct the action of Congress one hour beyond the wish and wiU of Congress upon the subject of admitting members to seats upon this floor. Then what good can it possibly accomplish ? Another thing. Sir. I know of none, except possibly the gentlemen who sit on the other pohtical side of this House, who desire or would be willing to admit to seats here men who have been engaged in the rebeUion. I do not know that our pohtical opponents would desire this, though there is perhaps some reason for supposing that they hold the opinion that men should not be questioned as to their past conduct, but that they should be admitted to seats if they are loyal now. But whether this be so or not, I know no one else — I know no one who professes to belong to the Union party —I know no member of the pohtical majority upon this floor who is in favor of admitting to a share of legislation here any man from any State who cannot take the test oath we have prescribed. That certainly is our position. And just as cer- tainly IS it the position ot the President of the United States. It is common to attribute to him opinions on this point which seem to me wholly unwarranted. Both on this floor and through the pubUc press it is asserted that his poUcy is to admit members from the Southern States whether they can take the test oath we have pre- scribed or not. The President has neither said nor done anything to give a shadow or warrant for such assumptions. In all the language he has used he has always held that it was the absolute right of each House of Congress to judge of the qualifications of its members, to adopt such tests of loyalty as it chooses, and to exclude from its dehberations every man who cannot stand that test, as prescribed. Mr. WiNFTELD — My colleague will allow me to ask him a question. Mr. Eaymond — Certainly. Mr. WiNFiELD — I ask my colleague whether he says there is any desire on this side of the House to introduce rebels upon this floor. Mr. Raymond — I made no such assertion. Mr. WmFiELD — I understood the gentleman to say that there are some reasons why he suspect- ed a design of that kind. I had hoped that my colleague would go off the floor without a fling at this side. Mr. Raymond— I did not intend to make any " fling," nor to attribute any improper designs to the opposite side of the House. I inferred that they might be less rigid than this side in judging of qualifications as based on past acts, because I was under the impression that they were not m favor of the test oath. Unless I am very much mistaken, gentlemen on the other side voted against it, and some of them, I am sure, favor its abolition. Does not that warrant me in saying or suspecting that they hold to the right of those States to be represented by any men they may send here ? I am sure I did not travel beyond the record in what I said, nor did I mean to indulge in any sneer or fling. I trust I can discuss quea tions of this sort without descending to appeals of that kind ; but if gentlemen on the other side who are authorized to speak for the Democratic Party, whether it be the gentleman from Mary- land, (Mr, Habkis,) or the gentleman from Ohio, (air, Lk Blond,) or the gentleman from Wisconsin, (Blr, Eldkidge,) or any other, will say that they are in favor of maintainmg the principle of that test oath, and of excluding from tliis House every one who took any part volun- tarily in the rebelhon, I shall hsten to them with very great pleasm-e, Sir, Eldkidge— Mr, Speaker, does the gentle- man from New-Yoi'k hold that because Mr. Ray]\iond — I yield only for an answer — not for the purpose of being catechised. Ml'. Eldbidge — I did not intend to catechise. Mr. Eaymond — If the gentleman has anything to say pertinent to the question I have put I will yield. Mr. Eldeidge — I desii'e simply to say this : that because a person may be opposed to the test oath is not a reason in itself that he desires to have rebels on this floor. Supposing the Su- preme Court, as it is intimated they have, should have come to the conclusion that the test oath, as it is c lied, is unconstitutional and void ; is that evidence to this House or to the country, or to the gentleman ft'om New- York, that they de- sire to admit rebels on the floor of Congress ? If that oath is in violation of the Constitution, and gentlemen on this side or that side see fit to op- pose it on that ground, is that of itseK any evi- dence that they desire to have rebels admitted to the floor of Congress ? It seems to me not, and I therefore think the gentleman's argument is not sound or just, that even if individuals here are opposed to the test oath upon constitutional or other grounds, it is any evidence that the y are in alliance with rebels, or desire to ally them- selves with them upon this floor or anywhere else. Mr. Raymond. — I have listened with attention to the argument of the gentleman. I shall allow it to pass without any attempt at reply, because I am not engaged in that particular discussion now. But I wish to ask him a question pertinent to the issue he has made, and shall be obliged if he will answer it. Is he personally, and so far as he knows are the members of the party with which he acts, in favor of admitting members who may come here from the States lately in in- surrection, who voluntarily took part in the re- bellion ; or would ho or they consider that fact as a disqualification for holding seats here ? Mr. Eldeldge — I am not authorized to speak for those around me on this side of the House, but I have been wLUing to act with that gentle- man, and I believe a maj ority of the Democrats here have been willing to act with him, in admits ting the representatives from the States by dis- tricts, considering their character as they pre- sent themselves and the character of their con- stituency. I believe that to be the feeling and opinion on this side of the House, so far as I have heard it expressed. In regard to the test- oath, I frankly admit that I am as an individual in favor of its repeal, believing it to be imconsti- tutional and void. Mr. Raymond — The gentleman has given quite as explicit an answer as I expected from him. Mr. Maeshall— If the gentleman will jaeld Mr. Raymond— I do not yield at present. Mr. Maksh.\ll— I appeal to him to jield. Mr. Raymond— Not yet. The gentleman ll-om Wisconsin says that he is wiUing to act with me; but the question is, how fai' ? I know that up to a certain point he is. For example, ho is will- ing to act with mo in favor of admitting Repre- sentatives by districts. Now, I want to knov,' this — suppose a man presents himsclt here from a district in Tennessee, Georgia, Mississippi or South Carolina, and is tested by this House as to his quaUfloations, and he is asked the ques- tion, under oath, " Did you take part in the re- bellion ; did you extend aid and comfort to it ; did you make yourself, by yom- voluntary action, a responsible party to the rebellion?" and he says, " Yes, I did;" now, I would like to know if, assuming that in all otlier respects he is qual- ified to be a member here, the gentleman would vote for his admission or for his exclusion ? Mr. Eldeidge — I will say for myself— and I hold no other man responsible for what I do say — that if any gentleman comes here elected by the people of any district ol any Southern State, and has the requisite personal constitutional qualifications, I shall vote for his admission if I have the opportunity. Mr. Raymond- Well, Sir, the gentleman will excuse me for saying that that is an enth-e evasion of my question. Mr. Eldeidge — Will the gentleman allow me to ask him if he would vote for the admission of any one coming from the Southern States who has not the constitutional qualifications as a member of Congress ? Mr. Raymond— I would not, Mr. Eldeidge— Then I would say to the gen- tleman more exphcitly, that I would not either ; but should any one come here having the quali- fications which are requii-ed by the Constitution of the United States, (and I know no other test and would apply none other,) I would vote for his admission. Mr. Raymond- Tlie gentleman has not at all answered my question, and he is aware, I think, of that fact. Perliaps he did not intend or wish to answer it. If so I will not press it. But assummg that ho has been trying to answer it, and has been unfortunate m his attemi^ts, I agam request him to say whether he would vote 10 for the admiatiion or exclusion of a member who had taken part in the rebellion, but who was in all other respects qualified. Mr. Eldjridoe — I think I have answered the gentleman in the only manner it is possible. I can go on and state what qualifications a mem- ber should have. They are those prescribed in the Constitution and laws of the coimtry. That test I would apply and none other. Mr. Kaymonu— The question is not what quali- fications a man must have, but what, in the judgment of the gentleman, would disqitaitfy a man ft-oni admission ; whether the fact of hav- ing volunfarily participated in the rebelhon would or would not, in his judgment, disquaUfy such a man from becomnig a member of this Congress. Mr. Eldiudge— If there is any constitutional autliority to exclude him, tVien I would vote against his admission. If he has violated the laws of the country or the Constitution of the United States so far as to unfit him to be a Re)jrc- sentative according to the Constitution and laws of the United States, then I would vote against him. Mr. Raymond— Will the gentleman allow me to proceed a little further ? Does the gentleman, or does he not, hold that voluntary participation in the rebellion is such a violation of the Consti- tution of the United States as would disqualify a man from membership ? Mr. Eldkidge — I believe when a man has be- come infamous by the ccjnviction of crime, that tliat does disquahfy him, unless he should have been fully ai\d unconditionally pardoned. Mr. Raymond— Then unless a man has been convicted by a court and jury of particii)ation in the rebellion, the gentleman would not hold him disqualified, is that his position ? Mr. Eldkidge— I do not answer in that way. I answer that would be goed evidence that he was unfit. Mr. Raymond — His conviction ? Mr. Eldridwe— Yes, Sir. Mr. Raymond — Suppose he was not convicted, but was kno\yu to the gentleman to have been a rebel. Ml". Eldmdge — If it was testified to by some of the men on this floor, with the malignant spirit they have manifested here, I would not Ijelieve it. I thinlc it should be properly proved to the House. Mr. Raymond — Well, Sir, as tho c^ntlemau evidently evades the question, I waive it. It is, perh;ips, of httle consequence. My own posi- tion upon that point— I will not say it is the opinion ot the majority of this House, because I believe there ia a dift'erenco of opinion among them upon that subject— but my own position and tho position of the President, as I know from his pubUc declaration, ia this : that each House of Congress has the right to judge of the quahficationa of the men who present them- selves for seats as members. I do not mean that it has the right to dictate what thode qualifica- tions shall be ; but it has tho right to judge whether those men have the qualifications which are required by the Constitution of the United States. That right is absolute and ex- clusive, and ia expressly conferred upon thia House by the Constitution of the United States. Now, Sir, one of the qualifications absolutely requisite is loyalty ; loyalty is an mdispensable qualification to membership in this House. It is competent, nay, it is n,ecessary for this House, therefore, to inquire whether a man is loyal or not before it admits him to membership. And it may inquire in any way that it sees fit, by prescribing a test oath or by taking testimony as to the fact. Now, Sir, I hold that when a man jjiesents himself here, submitting to that test, and is found qualified by that investiga- tion — if he can take the oath we have prescribed, [f he can abide any test of loyalty we may im- pose — then it ia our duty to admit him if dul.v elected and returned to his seat in Congress. We have no right to say that his State, assuming that State to be in a loyal attitude, shall not have representation, and therefore to exclude him. We have no right to say that his State, though in a loyal attitude, though sustaning re- lations of true allegiance to the General Govern- ment, shall not be represented in the General Goverumout, except upon certp-in conditions, un- less and until she yiasses certain laws and per- forms certain acts which We x^rescribe, and on tliat account to exclude him. We must exclude him, if we exclude lihn at all, because we deem him "disquahfled." And while this is our duty, I hold it also to be lor our interest, the interest of Congresa and of tho country. I believe it to bo the true way to deal with this whole question, for by so doing wo shall draw a line of clear and marked distinction between the loyal and disloyal men of the Southern States ; and we shall give an example, moreover, to those who remain disloyal as to what they must do obtain admis- sion here. Mr. Maushall— Mr. Speaker, tlie gentleman — Mr. Raymond— 1 decline to yield at present. I hold that it is not only our duty but our interest to admit loyal members from the Southern States. Mr, Maeshall— Mr. Speaker Mr. Raymond — I decline to yield. Mr. Mabshall — I wish to say that the course of the gentleman ia unfair to thia side of the House. Mr. Eaytmond — I submit to the gentleman from Illinoia (Mr. Mabshall) that it is a matter 11 of personal discom'tesy to persist in breaking in upon the argument of a member upon the floor when he has distinctly declared that he does not desire to bo interrupted. Mr. Marshall— Well, I repeat that the course of the gentleman [Cries of "Order I order!"] Mr. PiAYMOND— I hold that it is our diaty to sot an example in this resi^ect ; to admit those who are quahfied, if any, and to refuse to admit those who aro discpiahficd, if any such present themselves. Suppose, for example, that two men present tliemselves here for admission, the one from Tennessee the other fro a Georgia. I name those States merely for iUustration. One ca7i take the oath wo prescribe, the other cmi- not ; the one presents himself from a State which stands in a loyal attitude and holds loyal rela- ; tions to the Government, the other does not. Now, if we admit the one and exclude the other, we tliereby declare what our purpose is and the principle upon which we act much more loudly and emphaticaUy than wo can possibly do in any other way. Now that, I think, is what we should do. I have held from the beginniug of the session that we should admit the members from Tennessee, because they are entirely loyal and can abide our test. They have had nothing to do with the rebelhon, but have been thoroughly and actively loyal from the beginning of the war. And the testimony submitted to this House by the Committee on Keconstruction on the subject of Tennessee sustains the position I have taken as to the effect of such action. I will not detain the House by reading it, bub I will state as the fact, which I can verify if desired by reference to the testimony, that every single witness who was examined by that Committee, on being asked what in his opinion would be the cflect of ad- mitting members who were qualified and could take the oath, answered without hesitation that it would have a good effect, that it would encom-- age loyalty and discomage disloyalty, not only hi Tennessee, but throughout the Southern Stal es. I tliink we ought to do that now ; I think we ought to have done it at the beginning of the session, and the sooner we can repair om* fault the better. Now that I have finished what I had to say upon that particular point, I will, with great pleasure, listen to the gentleman from nUnois (Mr. Marshall.) Mr. Marshall.— I certainly intended no dis- courtesy to the gentleman from New- York (Mr. Raymond) when I interrupted bun a few mo- ments since. A short time befcu-o that he had intimated that he had reason to lieliove that members on this side of the House were in favor of admitting rebels to seats on this floor as members of the House ; and he said he would permit any gentleman on this side to make his own statement upon that point. It was only in reply to that that I wished to call his attention, and tliat of tlie House, to the fact that some time ago, in a colloquy between one of my col- leagues (Mr. Kuykendall) and myself, I said that I would not under any circumstances vote to admit any man to a seat on this floor whom I knew to be disloyal to the Govern- ment and to the Constitution ; that I would not, for instance, vote to admit such men as Jefferson Davis, John C. Breck- inridge, or any man who had dohber- ately aided in precipitating oui- county into all the horrors of civil war. I do not think that such men have rightfully any place here. I do not think that there is any gentleman on this side of the House who tliinks or has been dis- posed to urge that any one should be admitted here at this time except those who can come here and conseieutiounly take the oath prescribed by the law as it now stands. We expect, of course, all to be governed by that as long as it remains on the statute-book as part ot the law of the land. We have held it to be an outrage to exclude men who were loyal to the Government, have risked their lives and all that is dear to them in the cause of the Union, and can take the oath prescribed by law, from scats upon this floor when they come here with evidence that they are elected as fuU and complete as that of any gen- tleman who has a seat here. Now, in regard to the other point presented by the gentleman, I wish to say this : I do think, whether this test oath is held to be unconstitu- tional or not, that at some future time, and I hope ?t an early day, it will be proper, if not entirely to repeal, at least to modify that oath m such manner that if men who have been drawn into the rebeUion, as thousands have been, but are now clearly shown to be true and honest men, faithful to the Union, loyal to the Constitution, and desiring and working for its preservation and perpetuity, when such men come here representing constituencies which are loyal, whatever may have been their errors in the past, if they come now with clean hands and loyal hearts, that they may be admitted to seats upon this floor. And I do not think tl nit we shoidd commit ourselves to the eternal dis- franchisement of such men. It would be viola- tive of every principle of sound statesmanship to do so. That, Sir, is my position. I give it for no one else. I do not insist, nor do I thinlc any member on this side of the House insists at this time, that any one has the right to come here and demand admission as members of this House who does not come according to the l;>w as it stands ujion the statute book. Wiien tlwy do so come, with all the qual Vatious prescribed 12 by law, I aay it is an outrage upon their rights and a violation of every principle of justice and of the Constitution we have sworn to support to exclude them from seats upon this floor, to which, as I believe, they are as much entitled as the gentleman from New-York or myself. Mr. Raymond— I have nothing to say against that position. I ehare the gentleman's hopes and to a considerable extent the opinions he has just expressed. I have at all times been ready and willing to admit the fact, and I have consid- ered it a matter upon which we may congratu- late the country, that a considerable portion, at at all events, of those who act with the Demo- cratic party, have shown a disposition to be just and fair in their action upon this question. I will not enter upon any consideration of excep- tions to this if any could be found. I am glad to see members of the Democratic Party upon this floor and elsewhere giving the Administration their support in what I believe to be a just and proper way of healing the wounds of war and adjusting the difficulties which still divide one section in sentiment and in poUtical action from the other. I desire now to resume the line of my argu- ment ; and 1 advertise gentlemen in season, so that they may reflect upon the propriety of granting or refusing my request, that I shall be under the necessity of asking for an extension of my time. My opposition to this bill rests mainly upon this fact, that it prescribes condi- tions-precedent tcrthe admission of representa- tives here which we have no right to prescribe under the Constitution of the United States. The bill asserts, as the principle on which it rests— it estabhshes as a principle and precedent tliis posi- tion— that Congress may, in its discfellon, ex- clude any State frmn being represented, for a longer or shorter time, until Chat State shall comply with such condHions as Congress itself may dictate. That, Sir, perhaps, may be deemed a broad state- ment of the general principle involved in this bill, but I see not how it can be narrowed in justice to the bill itself. We say to these States lately in insurrection, not, "you must resume your atti- tude of loyalty ;" not, "you must obey the laws and support the Constitution of the United States;" not, "you must send men here who IjavQ not been traitors ;" no, Sir, we say to tnose States, recognizing them all the time as States, " you shall not have Eepresentatives upon this floor until you pass certain acts, until you do cer- tain things, until you ratify certain amendments to the Constitution and embody the principles of those amendments in your own constitutions and laws." Now, Sir, we are not acting in this matter for ourselves alone ; we are not acting with especial reference to this particular year of our history ; we are acting for posterity ; we are laying down principles of which our suc- cessors may hereafter avail themselves. We prescribe certain conditions, dictate certain acts as the conditions precedent of representation. If we may prescribe these, we may prescribe others. We assert our own disa'etion as the only rule of our action in this respect. Now, assume for a moment that yom* fears prove just, and that rebels and rebel sympathizers take posses- sion of Congress within one, three or five years from the present time. I say the very principle you estabhsh by the enactment of this bill may be cited by them as a precedent, if they wish to take such action, for declaring to Massachusetts, Vermont and New- York that their representa- tives shall not be admitted until, those States shall pass acts which that Congress may pre- scribe. Mr. BouTWELL — Does the gentleman from New-York mean to say that South Carolina and New-York stand on the same footing in this respect ? Mr. Raymond— I see no difi'erence in princi- ple, none at all. You deny to South Carolina to- day the right to representation on this floor be- cause she has been in rebellion. What is to hin- der the next Congress, if it should be of a differ- ent complexion, from denjdng the right to Mas- sachusetts because she has not been in rebel- lion? Mr. Boutwell— Allow me a word. IVIr. Raymond — Excuse me a moment. If the House is willing to extend my time I will yield cheerfully, otherwise I must proceed. Several Members — Oh, we will extend your time. Mr. Raymond— Then I yield to the gentleman. Ml-. BotTTWELL — I merely want to say that there are some things so apparent that they do not need argument, and one of them is the dif- ference between a State that has been in rebel- hon and a State that has not been in rebellion. No argument is required to show that the judg- ment of the country may wisely take precautions against people who have been in rebcUion. It would be a monstrous usurpation, which nobody could support, for those who have been in re- bellion to undertake to exercise the same rights as those who had not been in rebeUion. [Here the hammer fell.] Mr. Bingham obtained the floor and said: I have no desire to cut off the gentleman from New- York from an opportunity of concluding his speech. I hope it wiU be the pleasure of the House to extend his time, and I ask that it be oxte::cled. Mr. Wentworth— If he will only make the gen- tleman on the opposite side of the House speak out, he shall have the whole afternoon. 13 There being no objection mado, Mr. Raymond's time was extended. Rlr. Eaymond — I am indebted to the House for its courtesy, though I am very much afraid I shall abuse it. The gentleman from Massachusetts endeavors to escape from the specific pomt I made by tak- ing refuge in general sentiments and declara- tions. He says there is such a difference between a State that has been and one that has not been in rebelhon as to preclude aU argument on the subject. He would draw the inference that we have a right to do with the one what we please, whUe with the other we can do only what the Constitution prescribes. I say that, while wide differences do unquestionably exist between them in very many most important respects, in their relations to the Constitution and in our relations to them under the Constitution, they stand on exactly the same footing. I say that the powers conferred upon us under the Constitution with reference to one State must be exercised with regard to any other State, and that no other powers can be exercised rightfully, justly, and m accordance with the Constitution of the United States. I take issue, though I do not care to argue the question, with those who take refuge in the fact that a State has done wrong, has been in rebelhon, has waged war upon the Govern- ment, as an excuse or as a reason for violating the Constitution themselves in dealing with that State. We are acting under an oath to obey, de- fend, and protect the Constitution of the United States. I will not judge the consciences of other men ; but I do not feel at Mberty to do anything toward South Carohna and Georgia which the Constitution does not authorize me to do toward other States in the Union — I mean by denying them rights in the Government which the Constitution in express terms confers upon them. I admit that we have a right to take pre- cautions, and to secure ourselves against future rebelhon ; but we must do it in accordance with the Constitution. We cannot claim unMmited discretion. And my great objection to this bill is, that it establishes a principle, so far as our action can estabhsh a principle, of which those holding secession principles, or principles oppo- site to us, may avail themselves to deal with us as we now propose to deal with them. There have been times in the history of the country when, if such a principle as this had been estab- hshed by the previous action of Congress, the men in power would have apphed it to Massa- chusetts, and you would have found men here, with aU the power of the Government at their conamand, ready to deprive Massachusetts of representation upon this floor because that State did not and would not enforce the Fugitive Slave Law. Mr. BouTWELL — The difference between the gentleman from New- York and myseh un- doubtedly is that I do not admit that these eleven once States are for the present purposes of government to bo recognized as States. The gentleman fi'om New- York, in all his argument, proceeds upon the idea that they are States clothed with full powers. Now, then, I ask him how he is to reconcile to himself, to liis country, and to posterity the policy which he has sup- ported, and which the President has inaugurated and maintained for the last twelve months, of dictating to South Carolina and other States terms and conditions precedent to their admis- sion or to his recognition of their right to take part in the government of the country. I say that it would be the duty of the gentleman from New- York— a duty from which I myself would not shrink, if I beUeved that South Carohna and Flor- ida were States of this Union, with all the same powers as Massachusetts and New-York— to ar- raign the President of the Umted States for sending to those States such letters and tele- grams as he has dispatched from time to time, I can excuse him only on the groimd that they were not States of the Union with full powers, and that he dealt with them, outside of the Con- stitution, to bo sure, but in the extraordinary circumstances the country was placed, according to his own judgment, and that so far as he went in dictating to them terms and conditions, he did it; and that is aU that Congress proposes to do. The power to be exercised is to be exer- cised not by the executive and judicial depart- ments of the Government, but by the political department of the Government, Congress and the Executive combined. Now, if it was right for the President twelve months ago to say that South Carolina and Florida would not be recognized by him unless they subjected themselves to certain rules and conditions prescribed by him, it is now right and proper for Congress and the President to prescribe other conditions. Mr. Raymond— The gentleman from Massa- chusetts is a skiUful strategist ; he attempted to escape the point of my remarks first by taking refuge in generahties. Failing in that, he now seeks to divert my attention and that of the House from the point in issue by an attack upon the President. Mr. BouTWELL— I made no attack upon the President. Mr. Raymond— Well, by raising an issue as to the pohcy of the President. I do not propose to follow him in that hne of remark. It is not at aU germane to this point. I should not hesitate, at the proper time, however, to assert that, in my opinion, the action of the President has been juat and within the exercise w^ia constitutional 14 authority from the beginning to the end, and to maintain that opinion by such arguments as I might. But at present I waive that. 1 thmk the gentleman states coi-rectly the difl'ercnce be- tween himsell: and me. He says that I consider these States as States of the Union— as under the Constitution, entitled to the protection whicli it secm-es, and bound by all the obligations and duties wliich are imposed and guaranteed by its provisions. In that he is quite correct. I do so hold. He says he does not. Well, Sir, I do not propose, at present, to argue the issue thus raised. I have argued it heretofore at greatev length, I am afraid, than the f»aticnce of the House warranted mo in doing. But I will merely say that the gentleman by this position comes in direct collision with the biU before the House. Mr. BouTWELL — I do not support the biU. Mr. Raymond — Then, Sir, I cannot press him upon that point. The gentleman is consistent. The bill recognizes these as States; it siDoaks of them in the title and in every section as " the States lately in insurrection." However, as the gentleman says he is not going to support the bill, I cannot hold him to that, and we must be content to differ. I believe these to be States in the Union. I behove that we have no right to treat them otherwise than as the Constitution warrants and authorizes ns to treat them. In my judgment, it does not wan-ant us in saying to them, " You must do certain things whif^h we lirescribo ; you must ratify certain amendments to the Constitution and pass certain laws which we desire you to pass, or your Representatives sliall not be admitted to this floor." I believe that pi-inciplc strikes at the very foundation of our Government. For if there is anything fimdamen- tal in our Government it is the right, the absolute right of representation. Directly or indirectly it belongs to every State, and to all the people of every State. I cannot find any shadow ot right for denjdng it, or for making it conditional, dejjendent ujjon their compliance with terms which wo prescribe. Wliy, Sir, it was out of the denial of that right that our independence grew. The great men who in the English Parliament vindicated the position of this country, and claimed in Parliament that we were right in our rebellion, based that opinion expressly upon the ground that the right of representation was de- nied to us, while wo were subject to laws in the making of which we liad no share. Mr. Bdeke declared this right to be the characteristic mark and badge of British freedom, and on the night when Parliament recognized our independence the liarl of Sheleukne proclaimed that it had been won in vindication of a right which no free nation ever denied — the right of representation iu the maldng of laws wo are required to obey. THE AMBITION TO " EECONSTRUCT " THE GOVERN- MENT — AIMS AND OBJECTS OF THEOKISTS. I think these general principles will be admit- ted by nearly every one. I know that men are apt to think these i^rinciples may be waived or relaxed a little to suit particular emergencies. Surely, they are apt to say, no harm will come from a slight irregularity of action. True, the Constitution does not warrant this. But this is a peculiar state of things. The people are ex- pecting something, and we must give them some- thing of this kind. Now, I have never yet seen the time when 1 behoved the people expected anything that was not just and right, or that they were ever inclined to exact any action not in consonance with the Constitution of the United States. But so many men have favorite^ theories of their o^vn. Every man has some pe- culiar ideas of what a Government should be, and he thinks that the political chaos which suc- ceeds the war afibrds an opportunity for getting his ideas embodied in the Constitution, and thus make this the model Government he would have it. I have never heard this general aspiration expressed more tersely or more frankly than it was by the gentleman from Pennsylvania, (Mr. Stevens,) not now in his seat, in the re- marks ho made t'le other day in concluding the debate upon the proposed amendment to the Constitution. He then used the following lan- guage : "In my youtli, in my manhood, in my oUl age, I had fondly dreamed that when any forluiiatc chance should have hrokcn up for awhile, the foundation of our institutions, and released us from obligations the most ty- rannical Viat ever man imposed in the name of freedom, that the intelligent, pure and just men of this Eepub- lic, true to their professions and their con sciences, would have so remodeled aU our institutions as to have freed them from every vestige of human oppres- sion, of inequality of rights, of the recogniz id degra- dation of the poor and the superior caste of the rich. In short, that no distinction would be tolerated in this purified Republic but what arose from merit and con- duct. This bright dre;im has vanished, ' Uke the base- less fabric of a vision.' I find that we shall be obliged to be content with patchiug up the worst portions of the auciout edifice, and leaving it, in many of its parts, to be swept ihroughby the tempests, the frosts and the storms of despotism." Now, Sir, I take it there is scarcely a member on this floor who has not at some time or other indulged in dreams as high and hopeful as those expressed by the gentleman from Pennsylvania, (Mr. Stevens.) But I do not think that many of us, or that many of the people of this country, would concur with him in recog- nizing in the war through which we have just passed that " fortunate chance" which he seems 15 to consider it, fortunate because it "broke up the foundations of our Government" and gave theorists an opportunity to try theii" experiments upon it. No, Sir, the people of this country look upon this war aa a calamity, one of the direst and most dreadful that God in his providence could send upon any nation ; not unattended vrith compensations, it IS tme, for that same Providence that presides over the dostiniea of the human race, "out of evil still educing good," has given us many com- pensations for the terrible evils with which this war lias been accompanied. It has given us, above all things, the opportunity which, per- haps, nothing else could ever have given us, of pm-if.\-ing this Republic from what was always the chief blot upon its escutcheon, and always poisoned its sources of Uberty and power— the system of Human Slavery. But still the war it- self was a calamity, a dire disaster, and, if it had rcaUy broken uj) the foundations of our Government, if it had shaken m the least that grand temple of liberty which oiu- fathers reared, it would have been tenfold the disaster that it really was. But, Su", it did not. That temple still stands in all its grand and splendid beauty. We have not to "patch up the worst portions of the ancient edifice ;" it was only those parts of the structure, its original defects, that were shaken and shattered by the storm. Not one of its comer-stones has been displaced. Not a single one of the grand arches has been in the least disturbed. Its towers still stand firm as the foundations of human freedom on which they rest. Nor, Sir, will the people of this land agree with the gentleman in denouncing the Constitu- tion of the United States for imposing " obliga- tions the most tyranmcal that overman imposed in the name of freedom." The Constitution was the work of the noblest, purest patriot that ever adorned the annals of any age. It has done more to establish free government, to preserve and pepetuate the principles ol human freedom, than any instrument ever framed, or any form of Government ever established by the hand of man. Those who framed it did not attempt im- possibihties. They did not sacrifice real good within their reach to dreams of distant perfec- tion that was beyond their reach. Doubtless they, lilce other men of lofty spirit and noble as- piration, had their visions — their high ideals of a pure and perfect commonwealth — but they were too wise and too practical in their wisdom to yield themselves to such false though fair il- lusions. Alas ! Sir, how often have such dreams as have beguiled the gentleman from Pennsylva- nia, filled the hearts and disappointed the hopes of noble spu-its in aU ages of the world I Every nation has had experience of their futility. Crom- well, in England, aimed to establish a model Eepublic, and under liis mighty sway the grand soul of the sightless Milton beheld, in lofty vision a Commonwealth arise wliich shoidd more than realize the hopes and aspirations of the noblest spirits of the ancient and the modem world. With mircstricted power he forced re- forms beyond the hne where they could com- mand the sympathy of the nation, and a reaction followed which, when Ceomwell's head was be- neath the sod, swept away the model Republic which he had foiuided, and gave place to corrup- tion such as England, in all her history, had never seen before. The leaders of the French Revolution aspired to estabhsh a model Rcpubhc. They, too, had theu* visions and their dreams, bx-ighter, brighter far, than the New Atlantic of Bacon or the Uptopia of Sir Thomas More. No- where, Sir, on the page of history or hterature will you find nobler sentiments, higher aspirations, grander reaches after poHtical perfection, than you will find in the writings of RoBEsriEKRE, of St. Just, of Camille Desmoulins, and others among tho great leading spirits of the Frencli Revolution. They, too, aimed at tlie loftiest ideas of political perfection. Perfect justice, perfect tinith, nothing short of absolute and en- tire perfection, was to boar unrestricted sway in the realm of then- creation. luequahty of rights and of condition, all distinctions of rich and poor, were to disappear forever, and nothing was to have toleration for an hour but what arose from merit and conduct. But, alas I Sir, that bright di'eam, too, vanished like the "base- less fabric of a vision." That reinibhc sank in a sea of blood, and out of that sea rose the red right hand of remorseless power which clutctied all the rights of the people in its grasji, and plunged France into a tyrrany ten-fold worse than she had ever felt before. This, Su", is too often the sad consummation of attem]3ts to enforce reforms uj)on an age and a people that are not ready for them. Model repubUcs, noble and perfect commonwealths, where no wrong shall find toleration and no man lack justice, are the object of all good men's de- sires. But they are not let do\vu by miracle from the vault of heaven. They spring not un like the prophet's goiu'd, in a single night, or if they do, Uke that prophet's gourd, they wither and die with the first touch of tho morning sim. They come not on tho heels of war. They can never be the birth of passion, they can only be the steady growth of time and the patient efforts of the wise and good. War may sweep away obstacles that obstruct their growth, as war with us has swojit away hu- man slavery, which is always and every- where the foe of everything in character and society that is noble, just and wise. And war may warm the soil swept by its bloody breath, 16 BO that seeds of reform shaU the sooner sprmg up and ripen to maturity. We hear much said in glorification of men who are, in ideas and aspi- rations, in advance of their age. They are con- sidered the prophets and the leaders of humanity; and so they are. But they are not the states- men, the workmen, the leaders of their immedi- ate time. They are not the practical men who hring to pass the glories they predict. I have found. Sir, in my experience and observation, that, so far as practical results are concerned, it is just about as unwise for a man to be ahead of the ago in which he lives as to bo behind it. It 13 like a General inarching a mile ahead of the brigade or the corps that he commands. He might just as well be a mile in its rear. No, Sir ; to be useful to our age we must live with it, walk by its side, sympathize with its wants, feel its necessities, bear its bm-dens, share its prejudices, or at least tolerate them, use the elements of power that belong to it, and not live in the bright ideals of the future or d-svell solely on tQie glories of the far advance. Work with the men of your dav, and you will work to their best advantage, and will do all that man can do to secure and hasten the advent of that brighter time which is the goal and the guerdon of all our hopes. These reforms are growths, not mechanical creations. You can- not make a perfect Government as you would malce a machine. Political institutions obey the laws of growth, and cannot be forced to follow any other laws. You must plant the seed, and await its gradual ripening to matiu'ity — " first the blade, then the ear ; after that the full corn in the ear." Let not the gentleman from Penn- sylvania, then, despau' of the advancement, the purification and perfection of our BepubUc. Ho has borne his part in the grand strife by which its advent is made pos- sible. His eyes, now dimmed with hon- orable age, and with long watching for the day which he so longs to see, may not witness its full meridian; but they have seen its dawn- ing ; and he may rest assured that the work he has so well commenced will not be left undone. But let him not be too impatient to force it on, or he may turn the dial backward and ruin all. As to the specific reforms of which we are speaking, I believe the day will soon come when tliere will be no distinction of rights, civil or political, on the ground of color. That distinction grew out of Slavery. In the early days of the Republic, before Slavery had be- come the gigantic power it afterward grew to be, there was no such distinction of color so far as suffrage was concerned. It was the fruit of Slavery, and it received its death-blow when Slavery perished. The abohtion of Slavery swept away the very foundation of that cruel prejudice, and just as soon aa the public mind, the mind and thought of those most directly concerned in the solution of this question, cornea to realize this fact and is loft free to weigh its meaning, just so soon will the great reform begin. I have no doubt that the people of the Southern States will find it to be greatly to their interest in due time — in a very short time unless diverted from its consideration by hostile pressure from without— to establish political suf- frage and civil rights on other foundations than those of color, and to do all we think necessary to perfect our republican institutions. But by pressing such reforms before the summer has prepared the soil, we simply insure their being nipped by untimely frosts. By forcing them upon the people of other States, in advance of that public sentiment by which alone they can be sustained, we provoke hostihties which will outlive then* cause and postpone for years, per- haps for generations, the very reforms we seek to promote. They must spring from another soil and bo cherished by other cultui'e. They must como from culture of the pubUc conscience, from education, from experience of life, and that vnse regard for the rights of others which the full and free enjoyment of our own never fails to teach. It is, and always must be, for the interest, the peace, the comfort, the prosperity, the safety, even, of the people in the Southern States to give to all who live in the midst of their society aU the rights and privi- leges to which, by virtue of their common hu- manity, they are entitled. We may safely trust to the influence of this aU-porvadmg, ever-work- ing pripciple for the reforms which the South may need. The less we meddle with the opera- tion of this law of social and pohtical growth the more rapidly will it work out its own results. We may aid its development and stimulate its growth by promoting harmony of interest and of feeling between the two races thus brought face to face. But if wo take such steps as shall tend to plant distrust between them and array them in hostihty to each other, we shall only postpone, and perhaps defeat altogether, the consummation we so much desire. But, Sir, I will not follow this train of thought any further. I deem it unwise in policy, as weU as unjustified by any just theories of the status of the Southern States, or of the effect of the rebellion, to attempt the " reconstruction " of om- Government from its foundations. I believe the President takes a far wiser view of our interests and necessities when he seeks the " restoration " of our Union to its old integrity, and of our Gov- ernment to its ancient normal operation under the Constitution of the United States. Our fathers laid the conier-sfcone of our institutions on the great principle of self-government. They t 17 held that all who are subjects of law should have a voice, directly or indirectly, in making the law. They held that the consent of the governed was the only just source of the power of rulers — not under some circumstances, but under all. They did not behave Great Britain had a right to im- pose taxes upon two million subjects who wore not represented in her Parliament, and they re- belled because they were thus ruled. They held that rebeUion to be just. They earned praise and eternal fame, and won their independence and a national existence by that rebelhon. Do you beUeve, Sir, they would have deemed it right for the Government of the United States to make laws for eight miUions of their people who were to obey those laws and have no voice in making them ? Is that in harmony without system ? Is it not an open, flagrant repudiation of the only principle on which our Government rests ? You tell me it is temporary, conditional. I care not. It asserts a right which cannot exist an hour without violating the fundamental prin- ciple of our institutions. You tell me these eight millions have forfeited their rights ; that they have ceased to be States ; that they are conquered provinces, subject only to the laws of war. I do not believe a word of it. The theory has no warrant in our Constitution or in the theory of our Government. THE BEST METHOD OF ENCOUKAGING AND STRENGTH- ENING LOYALTY IN THE SOUTH. But I waive all that. If I were to grant it all it would make no dilference in my action on this question. If we had the power asserted in all its plenitude I would not use it, because I do not beheve it would be for the interest of the coun- try that it should be used, I say with Edmund BuEKE, in his great speech in the English Par- liament in 1775, on "conciliation with America " — which, by the way, I think is better adapted to the state of our public aflairs at the present moment than nine-tenths of those made on this floor, my own included — " It is not what a lawyer tells me I may do ; it is what hum,anity, justice and reason teils me I oxight to do. The question is not with me whether we have the right to make our people miserable, but whether it is not our interest to make them happy." We are not seek- ing the settlement of a case in a county court ; we are seeking the tranquillity of an imperial repubhc. We are aiming at the loftiest and highest results which it is pennitted to man to aspire to anywhere or at any time — the peace, order, strength, prosperity and power of Ameri- ca and the welfare of the human race. So that be wisely and conscientiously sought, I care not for technicahties. I say that, in my judgment, the interest of this nation, the interest of every State in this Union, the interest of every man in every State of this Union demands that we shall consider this question upon a different basis, a different footing altogether. That interest de- mands we shall treat this question as we have treated all others hitherto, on the basis of the principles which he at the foundation of our Government, with a wise regard to the impulses and weaknesses of human nature and a steady reference to the circumstances and general char- acter and condition of those with whom we have to deal. You teU me these men are not fit to share in the Government ; that tney are sullen, resent- ful, defiant; that they still cling to the right of se- cession. Grant it. How are we to make them better fitted? Will coercion, will exclusion do it? Will thfey change their opinions because we refuse ijaem representation ? Will they love us with all their hearts because we deny them all participation in our and their affairs ? Will they become con- verts to our principles because we deny their right to hold others ? Will they deem us models ot courage because we brand their dead sons who perished in their cause as cowards, and de- nounce as felons the weeping women who strew flowers on the graves of their heroic dead ? We can know httle of human nature if we dream of such results. You admit that dm'ing the first six months after their surrender their demeanor was unim- peachable. You say they have changed and be- come defiant, and you attribute this change to the leniency they received at the hands of the President. Ai'e you quite sure you have hit the light reason? Is it not barely possible that your own action may have had something to do with this alleged change of the pubhc mind in the Southern States? I think I shall not be contradicted in point of fact when I say that during the Summer of last year, from the time the rebels laid down their arms until the meeting of Congress, the feehng ot the Southern States toward the National Gov- ernment was one of submission, of acquiescence, and of readmess to renew, in sincerity and in truth, their allegiance to the Constitution and Government of the United States. Now, what. Sir, has changed that temper, so far as it has been changed at all ? I think, there is fair rea- son for behoving that when Congress assumed a hostile attitude, when it began to declare that the people of the South were not fit to take part in the Government, that they had forfeited all their right, and could not be admitted to repre- sentation, that they were conquered subjects, and fellow-citizens no longer ; when we began to give currency to hostUe and mischievous reports from the South, magnifying every instance of violence and of crime, charging them wholly to poUtical causes, and on the strength of those 18 allegations, entering npon hostile legislation, I think it not at all impossible that the effect of this action upon the Southern mind was first to arrest its loyal tendencies, and then to make it sullen, defiant and hostile. I think I have some warrant for this opinion in a knowledge of what would take place in my own or in the mind of every one of us under similar chcumstances. Is there any man here, I care not what may be his opinion on the general subject, who does not feel in his heart that hostihty and distrust toward him from others would engender hostihty in his own mind toward them ? Is there any- thing in hximan nature to controvert this general statement? Can any man point me to an in- stance in history in which any society or nation, great or small, was ever coerced into sympathy of sentiment with the 3ominant power by meas- ures of force ? I have hitherto so often referred to historical precedents on this subject that I am unwilling to refer to them agam ; and yet they cannot be cited too often. Did coercion bring Hungary to sympathize with Austria, to acknowl- edge Austrian rule, or yield prompt and cheertul obedience to Austrian decrees ? For fifteen years under this discipline, Hungary was defiant, and maintained a haughty and sullen independence ; and Austria, feehng more and more the need of her sympathy and aid, was finally forced to con- cede everything that Hungary had claimed, an independent Parliament and the right to crown her own kings. Has the hostile feehng of Ire- land been assuaged by the treatment she has ex- perienced at the hands of England ? Has Poland become less hostile by reason of her treatment by Russia ? The greatest example ever afforded in the history of the world of the attempt on the part of a ruling power to coerce opinion and make men think like their oppressors is furnish- ed by the Inquisition. Force was never apphed so directly and so sharply upon the object sought to be accompUshed, and what was the result ? We are not using the machinery of the Inquisi- tion, it is true ; we are not employing "Luke's iron boot or Damien's bed of steel ;" but we are acting upon the identical principles which were then avowed. Now, Sir, nations are like men. Communities are but aggregations of individu- als. If you treat them kindly you make them friends. If you treat them with hostihty inevi- tably and by a natui-al law they become enemies. In my judgment. Sir, if there is anything es- tablished by the law of human nature, by what we know of the elements of influence on socie- ties and States and by the experience of nations in all ages, it is that the people of these States can never be made more loyal, more heartily attached to our Government and better fitted to share its councils by exdudmg them all, loyal and disloyal alike, from all participation in them. Every year of such exclusion will only make them worse. I do not say we have not the physical power to enforce obedience upon them, to govern them by force and not by consent, but I do say that if we continue that system three, five or seven years longer we must quad- ruple our armies and double the taxes we impose upon the people to-day. ^ THE NATUEE OF THE TTNION PARTY — THE DEMO- CEATIO PABTY DURING THE WAS. And now. Sir, before I close my remarks, al- ready much too long, I desire to say a few words upon the relation of the action we may take here to the Union Party — that party which is to-day in possession of all departments of the Govern- ment, and which is responsible for the conduct of public affairs. I speak not of party in any narrow sense, nor as an agency for procuring patronage, place and power for selfish reasons or for selfish ends, but as an agent of pohtical reform, as a means of promoting the public good. The Union Party has carried this country through the war. The gentleman from Wiscon- sin (Mr. Eldridge) made the remark the other day that "we have saved the Union," and, as at that moment the discussion was of a somewhat partisan character, I, perhaps rather hastily, drew the inference that he intended to say that the Democratic Party had saved the Union. A little reflection, however, satisfied me that this was a misapprehension of his meaning ; because neither he nor anybody else will deny, I think, that what is known as the Union Party has carried the coimtry through the war by which the rebellion has been quelled. That party grew out of the necessities which the rebeUion created. The party in opposition to the Demo- cratic Party at the commencement of the war was the Kepubhcan Party. That was formed for the purpose of checking the aggressions of Slav- ery. It had done that effectually. But its suc- cess furnished the occasion and the pretext for the rebelhon, and out of the necessity of crush- ing the rebellion grew up the Union Party, com- posed of the bulk of the Eepublican Party, and of accessions— large accessions, I am proud to say — from what had been known as the Demo- cratic Party of the Northern and Western States. There were to be found in the Union Party thou- sands of men who, the moment the country was in danger, abandoned party organizations, and joined those who sustained the Administration upon which devolved the duty of suppressing the rebeUion. The Democratic Party, as an or- ganization, did not assume that position. Its attitude was one of continued opposition. The Union Party was then left to carry the coimtry through the war, and its labors were crowned with success, and it gained what any party which 19 renders great services ■will always gain, a strong, powerful hold upon the sympathy, the attach- ment, the confidence and the gratitude of the people of the United States. Mr. NiBLACK — I desire to inquire if the gentle- man from New-York intends to create the im- pressiqh that the Union Party has done all the work as a party, and to exclude the idea that men of all parties have contributed to the work in their humble way. Ml". Raymond — By no means. I know and have already said that men of all parties contributed their aid ; but I repeat that, as an organization, the Democratic Party did not sustain or aid the Government in prosecuting the war by which the rebellion was quelled. Mr. NiBLACK — I concede that the Union Party appointed the Generals, held the ofHces, and controlled the poUtical power of the country, but I insist that, in proportion to numbers, the Democratic Party did quite as much in fm-nish- ing men and means to carry on the war. It is untrue — I say it in no offensive sense — that the Union Party is entitled to aU the credit. It was the work of the people, although they had to do the work under men of the Union Party, under the Admmistration that happened to be in power as their representative for the time being. We had no representatives in power, and we had, therefore, to work under the banner of that party. But I repudiate the idea that the great portion of the people en- gaged in the work had any connection what- ever with the Union Party. The appeal made to the countiy was that in this matter there was no party ; that we must come forward as a people and sustain the Government, and sustain the Administration as a matter of course ; and, that when the war was over, we could again re- solve ourselves in our original elements, and go back to our party. I say, therefore, that all this talk about the Union Party being entitled to all the credit is unfair and ilhberal, and in vio- lation of the published speeches and pledges made to the country during the war by men of the Union or RepubUcan Party. It is calculated to make an unfair impression on the country, and if it goes into history, it will be unfair and untrue in history. I regret that the gentleman, in arguing this question, should indulge in these partisan and iUiberal remarks, which, with all respect to him, I say are unworthy of his position. Mr. Raymond — The gentleman seems to be under the impression, or seeks to convey the idea, that the suppression of the rebeUion was a voluntary work on the part of the people, acting as mdividuals, and in that sense he claims, and perhaps justly, that members of the Democratic Party did quite as much as members of the Union Party. Mr. NiBLACK — I say that m proportion to our numbers we did quite as much as the Union Party. Mr. Raymond — I wish to state one respect in which they did not do as much. I acknowledge that the voluntaiy cilorts of individuals entered largely into the suppression of the rebeUion. . Mr. NiBLACK — I claim that in the section of country from whence I come the Democratic Party did more than any other party in that re- spect. And that is the case with many others on this side of the House. It was held that it was the work of the people, and neither the Democratic party nor any other party should claim the entire credit for it now. Mr. Raymond — If the gentleman is done, I hope he will not again interrupt me when I begin to reply to his remarks. Mr. NiBLACK — I beg the gentleman's pardon ; I did not intend to interrupt him in an improper manner. Mr. Raymond— I say again that I wish to point out one respect in which the Democratic Party, as an organization, did not do as touch as the Union Party did toward suppressing the rebel- lion. I concede that to a great extent the efforts of individuals, in contributions of money, in vol- unteering for the army, and other things of that sorti contributed very largely indeed to the sup- pression of the rebellion. I am not prepared, and I am certainly not disposed, to deny that members of the Democratic Party in that way did their fuU share. But this was a pubhc war ; it was a war waged by the Government against a rebeUion seeking its overthrow. Of course the war was earned on by the Government, and it could have been carried on in no other way. The Government organized war upon the rebel- lion, raised the money by which that war was carried on, and thus incuiTed a debt of three or four thousand miUion doUars. It passed such laws as the necessities of the case required. Without those laws, without those measures which gave vigor, force and effect to the opera- tions of the Government, the rebeUion would have been a success ; and if the Gov- ernment had not been supported by votes, by pubUc confidence, and by acts of Congress in carrying on that war, the rebelUon would have triumphed, and the Gov- ernment would have been overthrown. Now, I say that instead of supporting the Government in carrying on the war, the Democratic Party, as an orgamzation, opposed and resisted U from first to last. That statement I believe to be hteraUy correct. Its votes in this House were hostile to the Government. It did not vote for men; it did not vote for money; it did notsus- 20 tain the Administration by ite confidence or its aid ; it opposed its measnres, and sought to vin- dicate its action by denouncing the war as unjust, or by claiming that if just, it could not succeed in what it had undertaken to do, namely, to re- store the Union ; and the last act of the Demo- cratic Party, as it was dragging itseli' slowly and painfully . o its grave, was to declare in a Nation- al Convention that so far as restoring the Union was concerned, the war was a failure. Mr. Johnson — Will the gentleman from New- York (Mr. Eaymond) allow me to say a few words in response to the sentiment he has just ut- tered? Mr. Rasnoni)— Certainly. Mr. Johnson — I have not troubled the House much during this session on account of sickness, which nas confined me to my room. But when the gentleman who comes here this session, and after the war is over, while I have served here from the time of the commencement of the war to this hour, when he undertakes to assert here that there was a Democratic Party on the floor of this House which steadily opposed the war during that time, I tell him to examine the record and he will find his statement to be false. When Congress met here on the 4th day of July, 1861, under the call of Mr. Lincoln, that gentleman ought to know that his own party cry was, "A truce to all parties." He ought to know that the Democrats met here and made no nomination for any office of this House whatever. Not till last December did they attempt to indicate a party nomination. He ought to know, fur- ther, that while the Government, or the Ad- ministration if he will, was carrying on the war in the field, it also carried on a war against the people. It knew no man for any office within its gift unless he voted for Mr. Lincoln and Mr. Hamlin in 1860. Go through your whole list of offices. Look at your foreign ministers ; look at the men in the offices around here ; look at the offices created by the very necessities of the war ; look at the post-offices ; look at the posi- tions in the field. Where is the Democrat who was appointed to a single ofilce, even a cross- roads post-office ? Yet the gentleman from New- York admits that, in furnishing material for the field, in furmshing money and men, the Demo- crats did their duty and their whole duty. I ask him, in God's name, what was it that crushed the rebelhon, if it was not men and money ? We are talking now about crushing the rebellion. Yet the gentleman says now that the Demo- cratic Party, in its dying agonies, declared that the war had failed to restore the Union. I ask him whether he says that the war has restored the Union to-day? Where is your restored Union? It is in the hands of your Committee of Reconstruction. Does the gentleman accept the word "reconBtmction " for his platform? Does he not understand the difference between " reconstmction " and "restoration?" Had the war restored the Union on the 29th day of Au- gust, 1864, when the Chicago Convention sat ? flas it restored it now? It has crushed the re- beUion. The army m the field has done its duty. The Commander-in-Chief of the army and every subordinate under him have done their duty. They crushed the rebellion a year ago. But is there not a pohtical party here in Congress to- day that refuses to restore the Union — a party that seeks not its restoration ? The gentleman from New- York plays between the two. He is opposed to reconstruction, and does not standby restoration. Now, Sir, I say that it comes with an ill grace from the gentleman, who knows so well what the history of the country has been dm'ing the war, to make this general and sweep- ing charge. I know it has been re- peated from time to time. I will tell the gentleman where the Hne was di'awn. As to all the party measm-es brought up in this House, the Democrats voted against them as they had a right to vote, even if they were not particularly conscientious about the matter, if they were party measures and noth- ing more. Upon those we divided. But look at your appropriation bills? Wno were the men that voted against them ? Who were the men that called the yeas and nays ? Even Mr, Val- LANDiGHAM ucvcr votod against the appropria- tion of a single man or a single dollar. [Cries of "Ohl" "Oh I"] Gentlemen may say "Oh!" "Oh I "but Mr. Vallandigham and I sat near to each other, and I know that he did not vote either way. [Laughter.] I challenge gentle- men to the record. They are able to read ; let them read it for themselves. What I say is that there was no Democratic organization here in this House. Gentlemen ought to know that. Mr. Raymond — I am a little surprised to hear the gentlemen say that there was no Democrat- ic organization through the war. Did I undw- stand him to say that there was no Democratic organization, no attempts of the Democratic Party to maintain an organization during the war? Mr. Johnson — There was no Democratic or- ganization in this House. I was speaking of this House. Mr. Raymond — I was not in this House at that time ; and as the gentleman was he ought to know its history better than myself. But if the votes of members as they stand on the record, with which record I was at the time somewhat famihar, indicated anything, they indicated a purpose to maintain that organization, and to vote against the Government at every point where they could do so without being held 21 to a rigid and troublesome responsibility by the country. I certainly did not know that that party disbanded as a party. I was under the impression that, in the different Congressional districts, it ran ca^Jdidates against the Administration Party ; that in the different States it ran candidates for Governor against the Administration Party. I know that this was so in my own State ; and I know the grounds which that party took in that State. It took ground against the Administration, against the conduct of the war, and against the principles on which the war was waged. I know that the Democratic Governor in our State proclaimed that the real enemy of the hberties of the coun- try was the Administration which was can-ymg on the war ; that its overthrow was even more important than the defeat of the rebels in the field ; that certainly led me to believe then, as I believe now, that the Democratic Party main- tained its organization throughout the country all through the war, and that, as a party, while many individual members of it acted otherwise, it resisted the Administration, opposed its meas- ures, denounced its poHcy, and threw the whole weight of its action and influence against the efforts it was makiiag to quell the rebellioH. I think the country regards this as having been the attitude of that party through the war, though I am glad to know the gentleman from Pennsylvania is not now by any means the only member of that party who would disavow and escape the responsibility of its action. The gentleman asks me if the Union was restored when the Chicago Convention met. Certainly not ; but that Convention pronounced against the only means by which its restoration was possible — the queUing of the rebeUion by force. It demanded a cessation of hostilities and the abandonment of the war. Suppose the Demo- cratic Party had succeeded in that demand, would the restoration of the Union have been as near as it is now ? The gentleman asks me if the Union is restored to-day. I am sorry to say it is not ; but it is certainly nearer a just and safe restoration than it would have been if the Democratic Party had succeeded in the last election. It is in the hands of those who will restore it, as I trust and beheve, on just princi- ples and on the basis of the Constitution. I beg gentlemen not to misunderstand me. I do not denounce the mass, the individual members of the Democratic Party as disloval or as having opposed the war. While I render full tribute to the mass of that party and acknowledge the aid they gave the war, I must still insist that the action of the party as an organization was not in support of the Government or m aiding the prosecution of the war. It complained then, as the gentleman complains now, that it did not get its share of patronage or of office. Yet it had two members of the Cabinet ; it had, I beheve, a majority of the officers of highest grades in the field, and a far greater share ol other official places than under ordinary circumstances is ever given by any Administration to its op- ponents. Mr. Johnson — I ask the gentleman to yield tr> me for a moment. Mr. Raymond— Yes, Sir. Mr. Johnson — The gentleman understands' very well the position which I occupy and which. I maintain. Ml". Raymond— I beg the gentleman to under- stand I do not speak of him individually. I do not speak personally of any one. I speak of the organization. Mr. Johnson— From the position which the gentleman has assumed, from the fact that the Democratic Party existed in the country, does he tell me and this House that the organization of the Democratic Party in a time of war is deleterious to the purpose of carrying on that war? Mr. Raymond— That depends on its action. Mr. Johnson— The gentleman assumed that the Democratic Party existed here as an organi- zation. I say, speaking of the Representatives on this floor, that they were not here, as the gentleman alleges, opposing the Administration in " crushing out " the rebellioo. I say, so far as "crushing out" the lebeUion is concerned, the members of the Democratic Party did not stand together as a party. There was no Demo- cratic Party on that point. The Democracy of the country in the organization took the position of " crushing out" the rebellion. But there is one thing which the gentleman himself is now voting for which places obstacles, now that the war is over, in the way of restoring the Union untU the great abolition maw of the country may be filled and satiated ; and that one thing is the proposition to postpone the restoration of the Union until 1870. The gentleman will recol- lect the Crittenden resolution of July 22, 1861, declaring that when the rebellion was crushed the war should end. Mr. Raymond— The gentleman must excuse me. Mr. Johnson— My distinguished colleague from Lancaster (Mr. Stevens) voted " no " on that proposition. Mr. Raymond— I desire to finish what I have to say some time to-day, and I shall not be able to do so if I yield the floor for a general discus- sion of past party relations to gentlemen on the other side of the house. Mr. Johnson — I want the gentleman to answer " me whether the Union is restored to-day, and whether it can ever be restored until all the peo- X 22 pie are represented in the law-making power of the Government? Mr. Raymond— Mr. Speaker, I do not know whether Mr. NiBLAOK— Will the gentleman yield one moment? Mr. Raymond — Just for a question. Mr. NiBLACK — I desire to inquire whether or no the great majority of the party to which the gentleman belongs does not oppose the present Administration, and whether in doing so they are disloyal to the Government or not. Mr. Raymond— Mr. Speaker, I do not propose to enter into a discussion of all the new issues which the gentlemen on the other side seek to spring upon me just now. The present Admin- istration, so far as I am aware, is not conduct- ing a war, nor is it seeking to quell a rebellion ; therefore opposition to that Administration,how- ever unw'so and injurious it may be, cannot be confounded with disloyalty to the Government. I repeat what I said before, in spite of aU that has been urged against it, that the Democratic organization as such did not aid the Ad- ministration in carrying the countrv through the war. The Administration, I repeat, had the conduct of the war. It did not exclude members of the Democratic Parly from participation in its councils, but admitted them and invited their cooperation. It strove in every possible way to get them to act with it, or in any way so as to give vigor to the war. It took its members into its Cabinet and placed eminent Democrats m the field. And yet I beheve that wherever a promi- nent Democrat anyv/here undertook to sustaiji the Administration in the prosecution of the war, that man was read out of its organizationjust as soon as they could reach him. I might cite in- dividual instances to prove this, but it is not worth while to prolong this discussion. BESTORATION — NECESSITY OF NATIONALIZING THE UNION PABTY. Now, Sir, as to restoring the Union, we are on the way to it. We ought to have done it sooner, I admit. The gentlemen on the opposite side will admit, as gentlemen on my side will allege against n^e, that I have done aU in my power to complete that work. It is not my fault that loyal men who have been sent from the Southern States lately in rebellion are not in their seats here to-day. I have been ready at any time to act upon the question of their admission fi'om the day I entered Congress till the present time. I deny the assertion of the gentleman from Pennsylvania that I have thrown obstacles in the way of their admission or of the complete restoration of the Union. I have striven for both — steadily, consistently, and upon principles which I avowed at the outset, and to which I have sought in every possible way to give ef- fect. And I intend to do so still. The gentle- man asks me when the Union will be restored. If it depended upon me, Sir, it would he re- stored this day, so far as the admrssion of loyal members from loyal States to Confess could restore it. I hope it will be restored soon — the sooner tbe better — by the action of the Union Party which holds all the departilients of the Government, and is especial- ly responsible for the action of Congress. As I said, when this interruption occurred, that party has established a strong hold on the confidence of the country by carrying the coun- try through the war and queUing the rebeUion which threatened its existence. It owes it to the nation to complete the work so well begun ; to build on the foundation so nobly and so suc- cessfully laid; and not to forfeit by unwise poUtical action the confidence it has earned by its conduct of the wai. It is just as much the duty of the Union Party to-day to complete the restoration of the Union, to restore every State to its just rights and relations under the Constitution, as it was five years ago, and every day thereafter, to wage vigorous and successful war upon the rebellion which threatened the nation's Ufe. And the first great duty it has to perform in the accomplishment of this end is so to extend Us organization and so liberalize its spirit as to become a national instead of a section- al parly, as events have compelled it to be hitherto. In 1852 the last national convention of the party opposed to the aggressions of Slav- ery was held. From that time to this we have been compelled to wage a sectional warfare. But now that necessity no longer exists. There is no further need, no longer an excuse for a sec- tional organization, and the duty of the Union party to-day is to extend itself into every South- ern State, and become a national party in or- ganization as it is in interest, and as it should be in its principles, its purpose, and its sympathies. The great obstacle to national political action. Slavery, has disappeared. We encounter no longer in the Southern States that great power which bound them to each other and divided them from all the world beside. Their interests are no longer hostile to ours. They are no longer closed against friendly counsels, friendly svmpathies, and friendly efiorts -On the part of the North. Thoy have the same interest in the Constitution that we have, and there is nothing that can make the South again a compact unit in its poUtical action hereafter but hostility on our part toward it. Sir, I long to see the day when the Union Party shall take ground that will command the sym- pathies of the Union-loving men all over this broad RepubUc, and give it that base of liberaU- 23 tj, generosity and constitutional freedom to which by its organization, by its prin- ciples, and by its history, it is entitled. When it shall have done that, it will hold a position from which nothing can drive it. I repeat, Sir, that the great political necessity of the day is to nationalize the party that has saved the nation. And all that is needed to accomplish this result is for the Union Party to stand upon its own ground, to avoid all its needless issues, to await the developements of time and public discussions before rushing into contests upon new questions, and to resist resolutely every endeavor to force upon it principles and meas- ures which it has never espoused. Let it plant itself upon national ground, discard all sectional feeling, extend its organization into every State, make the interests, rights, honor, welfare of all sections its own, and it will stand forever! In such a position and with such principles it has every department of the Gov- ernment at its command. All the patronage and power of the Executive would give weight and effect to its pohcy. Thousands of patriotic and disinterested Democrats will swell its ranks and give weight to its councils, and we shall see an end of the long, weary strife of sections, which once had a reason, a necessity, and an ob- ject, but which, now that Slavery is dead, has them no longer. It is the hope of such a result that has prompted my action on this floor during the present session. It is that which has led me to seek so strongly and so steadily to maintain harmony of action between the President and the majority of Congress, for I knew then, as I know now, that in all the essential principles of their poUtical action both were united. They differ only upon new points, points never hith- erto discussed or decided in the councils of the Union Party. They may differ, as members differ among themselves on this floor, and as men must always difier elsewhere. I believe the nation demands the speedy restoration of peace and harmony to the Union, It demands that the poUtical relations of the States to each other and to the General Government shall be promptly restored upon the principles of the Constitution. In some way, by some means, through one agency or another, the people will require all this to be accompUshed. We shall have a ijational parly, and that party will have control of the Government. Why should we, the Union men of the land, those who saved the nation in the most perilous crisis it has ever known, from any mere resentments or mis- takes, allow that great work to fall into other hands ? It requires no sacrifice which wise and prudenb men may not easily make. We need re- linquish no principle. We need only to forbear, to be patient, to court the aid and agency of time, to be tolerant of differences and tenacious of principles and objects in which we all agree. I rejoice to see in the action of Congress evi- dence that time and reflection are given weight to these considerations ; and I indulge the hope that when we adjourn, standing upon ground which we hold m common and referring to the judgment of the people the decision of questions on which we differ, we shall go to the country united in purpose, and having the cooperation of the President whom we placed in power. 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