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tinue their legislative functions, while in other in the duty of the President to recommend to the constances Representatives were elected and admitted sideration of Congress "such measures as he shall to seats after their States had formally declared their judge necessary or expedient.” I know of no meas. right to withdraw from the Union, and were endeav. ure more imperatively demanded by every consideroring to maintain that right by force. All of the ation of national interest, sound policy, and equal States whose people were in insurrection as States justice, than the admission of loyal members from were included in the apportionment of the direct the now unrepresented States. This would consumtax of twenty millions of dollars annually laid upon mate the work of restoration, and exert a most saluthe United States by the act approved August 5, tary influence in the reëstablishment of peace, har1861. Congress, by the act of March 4, 1862, and by mony, and fraternal feeling. It would tend greatly the apportionment of representation thereunder, also to renew the confidence of the American people in recognized their presence as States in the Union; the vigor. and stability of their institutions. It end they have, for judicial purposes, been divided would bind us more closely together as a nation, into districts, as States alone can be divided. The and enable us to show to the world the inherent and same recognition appears in the recent legislation in recuperative power of a Government founded upon reference to Tennessee, which evidently rests upon the will of the people, and established upon the printhe fact that the functions of the State were not de- ciple of liberty, justice, and intelligence. Our instroyed by the rebellion, but merely suspended; and creased strength and enhanced prosperity would irthat principle is of course applicable to those States refragably demonstrate the fallacy of the arguments which, like Tennessee, attempted to renounce their against free institutions drawn from our recent naplaces in the Union.

tional disorders by the enemies of republican govThe action of the Executive Department of the ernment. The admission of loyal members from the Government upon this subject has been equally defi- States now excluded from Congress, by allaying nite and uniform, and the purpose of the war was doubt and apprehension, would turn capital, now specifically stated in the proclamation issued by my · awaiting an opportunity for investment, into the predecessor on the 22d day of September, 1862. It channels of trade and industry. It would alleviate was then solemnly proclaimed and declared that the present troubled condition of those States, and, "hereafter, as heretofore, the war will be prosecuted by inducing immigration, aid in the settlement of for the object of practically restoring the constitu- fertile regions now uncultivated, and lead to an intional relation between the United States and each creased production of those staples which have of the States and the people thereof, in which States added so greatly to the wealth of the nation and the that relation is or may be suspended or disturbed.” commerce of the world. New fields of enterprise

The recognition of the States by the Judicial De- would be opened to our progressive people, and partment of the Government has also been clear soon the devastations of war would be repaired, and and conclusive in all proceedings affecting them as all traces of our domestic differences effaced from States, had in the Supreme, Circuit, and District the minds of our countrymen. Courts.

In our efforts to preserve "the unity of governIn the admission of Senators and Representatives ment which constitutes us one people," by restoring from any and all of the States, there can be no just the States to the condition which they held prior to ground of apprehension that persons who are dis- the rebellion, we should be cautious, lest, having loyal will be clothed with the powers of legislation: rescued our nation from perils of threatened disinfor this could not happen when the Constitution and tegration, we resort to consolidation, and in the end the laws are enforced by a vigilant and faithful Con- absolute despotism, as a remedy for the recurrence gress. Each House is made the "judge of the elec- of similar troubles. . The war having terminated, tions, returns, and qualifications of its own mem and with it all occasion for the exercise of powers bers, and may, “with the concurrence of two. of doubtful constitutionality, we should hasten to thirds, expel a member.” When a Senator or Rep- bring legislation within the boundaries prescribed resentative presents his certificate of election, he by the Constitution, and to return to the ancieat may at once be admitted or rejected; or, should landmarks established by our fathers for the guidance there be any question as to his eligibility, his cre of succeeding generations. “The Constitution which dentials may be referred for investigation to the ap- at any time exists, until changed by an explicit and propriate committee. If admitted to a seat, it must authentic act of the whole people, is sacredly obligbe upon evidence satisfactory to the House of which atory upon all.” “If, in the opinion of the people, he thus becomes a member, that he possesses the requi- the distribution or modification of the constitutional site constitutional and legal qualifications. If refused powers be, in any particular, wrong, let it be coradmission as a member for want of due allegiance to rected by an amendment in the way in which the the Government, and returned to his constituents, Constitution designates, but let there be no change they are admonished that none but persons loyal to by usurpation; for" "it is the customary weapon the United States will be allowed a voice in the legis- by which free governments are destroyed.” Wash. lative councils of the nation, and the political power ington spoke these words to his countrymen, when, and moral influence of Congress are thus effectively followed by their love and gratitude, he voluntarily exerted in the interests of loyalty to the Government retired from the cares of public life. “To keep in and fidelity to the Union. Upon this question, so all things within the pale of our constitutional pow. vitally affecting the restoration of the Union and the ers, and cherish the Federal Union as the only rock permanency of our present form of government, my of safety," were prescribed by Jefferson as rules of convictions, beretofore expressed, have undergone action to endear to his countrymen the true prin. no change; but, on the contrary, their correctness ciples of their Constitution, and promote a Union of has been confirmed by reflection and time. If the sentiment and action equally auspicious to their hapadmission of loyal members to seats in the respective piness and safety." Jackson held that the action Iouses of Congress was wise and expedient a year of the General Government should always be strictly ago, it is no less wise and expedient now. If this confined to the sphere of its appropriate duties, and anomalous condition is right now-if, in the exact justly and forcibly urged that our Government is condition of these States at the present time, it is not to be maintained nor our Union preserved “by lawful to exclude them from representation, I do invasions of the rights and powers of the several not see that the question will be changed by the States. In thus attempting to make our General efflux of time. Ten years hence, if these States re Government strong we make it weak. Its true main as they are, the right of representation strength consists in leaving individuals and States be no stronger—the right of exclusion

will be no as much as possible to themselves; in making itself weaker.

felt, not in its power, but in its beneficence; not in The Constitution of the United States makes it its control, but in its protection ; not in binding the

abandoned by France. (See France.) With the The Chamber of Deputies reëlected Herr von Grand Duke of Oldenburg a treaty was conclude Grabow, President, and Ilerren von Unruh el on August 28th, in accordance with which and von Bockum-Dolffs, Vice-Presidents, all that prince renounces his claims to the Holstein three of whom were members of the Liberal succession, in consideration of the cession to Opposition. The President, Herr Grabow, in him of a small portion of Holstein territory, and his usual opening address to the House, sharply an indemnity of 1,000,000 thalers. With the criticised the language of the reactionary press, gorernments of Bavaria, Baden, and Wurtem- the prohibition by the Government of the Coberg, secret treaties were concluded immediate- logne banquet to the Prussian Liberal Deputies, ly after the war, by virtue of which the superior and the measures which had been taken to recommand of the armies of those States, in case strict the liberty of the press, the voting of of war, was transferred to the King of Prussia. Government officials, and the meeting of poThe treaties were kept secret until March, 1867, litical associations. Herr Grabow deplored the when they were officially published. The fol- conflict between the Government and the Chamloring is the text of the treaty concluded be- ber on constitutional questions, a state of things tween Prussia and Bavaria:

which had now become chronic and had brought Ant. 1. By these presents a treaty of offensive and political legislation to a stand-still. He added defensive alliance is concluded between the King of that liberty was the only thing which could Prussia and the King of Bavaria. The two high lead to moral conquests, to the solution of the rity of the territory of their respective countries, Schleswig-Holstein question, which the Gastein and undertake, in case of war, to place at their convention had but complicated, and to the mutual disposal the whole of their military forces. federal unity of Germany. The majority of the Art. 2. The King of Bavaria bas transferred, for Chamber soon adopted several resolutions centhe case in question, the superior command of his roops to the king of Prussia.

suring the Government. On February 3d, a ART. 3. The high contracting parties engage to motion of Dr. Virchow, declaring the annextesp this treaty provisionally secret.

ation of Lauenburg to the Prussian crown to AT. 4. The ratification of this treaty shall take be illegal until it had received the sanction of blace at the same time as that of the treaty of peace the chamber, was adopted by 257 against 44 abcluded this day, that is to say, on the 3d of next month at latest.

votes; and, on February 9th, a motion of Herr Done at Berlin, this 22d day of August, 1866. Hoverbeck, protesting against the decision of The conflict between the Government and the Supreme Court authorizing the public prohe representatives of the people remained un secutor to indict deputies Twesten and Freutzel, ettled in the Legislative session which began for their speeches in the Chamber, · by 203 a the 15th of January. The speech from the against 35 votes. During the discussion of the hrone, which was read by Count Bismarck, an

latter motion the minister of justice threatenounced that bills would be brought in settling ingly stated that the public prosecutor, in takbe budget, and asked for the supplies requi- ing proceedings against deputies Twesten and ite for the unchanged maintenance of the mil. Freutzel had acted upon his order, that it tary reorganization and the increase of the was well known how the Governinent had tarv. Supplies would also be asked for the determined to do in such emergencies, and Iecution of the North Sea and Baltic Canal, that, should contradictory views in the interbil various other ineasures affecting home ad- pretation of the constitution continue to prevail, ministration would be laid before the Chambers.

an authoritative declaration of the king would The contident hope was expressed that the com- afford the only means of arriving at a solution. tercial treaty with Italy would be ratified by The president of the ministry of State on Febthe States of the Zollverein. The finances ruary 19th addressed a letter to the president I the kingdom were stated to be in a favorable of the Chamber, in which he declared the resoluondition. The relations of Prussia with for- tions of the Chamber relative to the Duchy of ign powers were satisfactory and friendly. Lanenburg, the Supreme Court, and the Cologne he royal speech continued:

banquet, to be unconstitutional; that therefore B: the Gastein convention Lauenburg has been they could not be accepted by the Government, Dited to the Prussian crown. It is my desire, wbile and that the Government for these reasons dating with consideration the peculiar state of returned them to the president of the Chamber aines in the duchy, to allow its inhabitants to enjoy of Deputies. On February 23d, the Chambers I the advantages of union with Prussia. The des nitive decision of the future of Schleswig-Holstein

were closed by a speech from the throne, read as been reserved by the Gastein convention for fur. by Count Bismarck. The speech stated that, in her negociation. By the occupation of Schleswig, view of the unconstitutional resolutions of the ed by her position in Holstein, Prussia has acquired house respecting the annexation of Lauenburg, lificient guaranty that the decision can only be and the recent decision of the Supreme Court, da sense corresponding to the interests of Germany the Government asked itself the question nd the claims of Prussia. Resting upon my own opriction, strengthened by the opinion of the legal whether results favorable to the peace and weldvisers of the crown, I am determined to hold fast fare of the country could be expected from the his pledge, under all circumstances, until the de- continuation of the debates in the Diet, and had ited end 13 attained. Conscious of being sustained be assent of the people

, I hope that the object finally come to the conclusion, that through the triren for and gained will prove a point of union for

course adopted by the Lower House the country would be exposed to more serious disunion,

13 parties,

PUBLIC DOCUMENTS. Message of the Presi United States or any place subject to ibeir fundo dent of the United States to the tiro Houses

tion, was ratified by the requisite number of data:

and' on the 18th day of December, 1965, it is on at the commencement of the second session of

cially declared to have become valid as a part of i'a the Thirty-ninth Congress, December 3, 1866. Constitution of the United States. All of the sa

in which the insurrection had existed proper Fellow-Citizens of the Senate and

amended their constitutions, so as to make the * House of Representatives :

conform to the great change thus effected in a After a brief interval the Congress of the United organic law of the land ; declared null and Toid aj States resumes its annual legislative labors. An all ordinances and laws of secession; repudiated all wise and merciful Providence has abated the pesti- tended debts and obligations created for the reclence which visited our shores, leaving its calamitous tionary purposes of the insurrection; and proceedel, traces upon some portions of our country. Peace, in good faith, to the enactment of measures in a order, tranquillity, and civil authority have been for- protection and amelioration of the condition of the mally declared to exist throughout the whole of the colored race. Congress, however, yet hesitated to United States. In all the States civil authority has admit any of these States to representatiod; and it superseded the coercion af arms, and the people, by was not until toward the close of the eighth mouth their voluntary action, are maintaining their govern- of the session that an exception was made in taT?* ments in full activity and complete operation. The of Tennessee, by the admission of her Senators and enforcement of the laws is no longer "obstructed in Representatives. any State by combinations too powerful to be sup ¥ deem it a subject of profound regret that pressed by the ordinary course of judicial proceed gress has thus far failed to admit to seats loyal se ings ;” and the animosities engendered by the war ators and Representatives from the other St are rapidly yielding to the beneficent influences of whose inhabitants, with those of Tennessee, bade. our free institutions, and to the kindly effects of un gaged in the rebellion, Ten States-more than ota restricted social and commercial intercourse. An fourth of the whole number-remain witheat tena entire restoration of fraternal feeling must be the sentation; the seats of fifty members in the HEX earnest wish of every patriotic heart; and we will of Representatires and of twenty meubers is accomplish our grandest national achievement when, Senate are vet vacant-not by their own coer forgetting the sad events of the past, and remember not by a failure of election, but by the refix ing only their instructive lessons, we resume our Congress to accept their credentials. Their ads onward career as a free, prosperous, and united sion, it is believed, would have accomplished no people.

toward the renewal and strengthening of cur In my message of the 4th of December, 1865, Con- tions as one people, and remored serions can: gress was informed of the measures which had been discontent on the part of the inhabitants of this instituted by the Executive with a view to the grad- States. It would have accorded with the great per ual restoration of the States in which the insurrec. ciple enunciated in the Declaration of Americant: tion occurred to their relations with the General dependence, that no people ought to bear the br 3 Government. Provisional Governors had been ap of taxation, and yet be denied the right onera pointed, conventions called, Gorernors elected, sentation. It would have been in consonance Legislatures assembled, and' Senators and Repre- the express provisions of the Constitutica. : sentatives chosen to the Congress of the United "each State shall have at least one Represcotatire." States, Courts had been opened for the evforce- and "that no State, without its consent, stallo ment of laws long in abeyance. The blockade had prived of its equal suffrage in the Senate.” TL been removed, custom-houses reěstablished, and the provisions were intended to secure to every internal revenue laws put in force, in order that the and to the people of every State, the right of r people might contribute to the national income. sentation in each House of Congress, and siste Postal operations had been renewed, and efforts portant was it deemed by the framers of the Con were being made to restore them to their former tution that the equality of the States in the Seas condition of efficiency. The States themselves had should be preserved, that not eren bsan aner 1.51 been asked to take part in the high function of of the Constitution can any State, without its : amending the Constitution, ard of thus sanctioning sent, be denied a voice in that branch of the Sat 22 the extinction of African slavery as one of the legiti. Legislature. mate results of our internecine struggle.

It is true, it has been assumed that the essi... Having progressed thus far, the Executive Depart of the States was terminated by the rebelhaus ". ment found that it had accomplished nearly all that of their inhabitants, and that the insurrectiva was within the scope of its constitutional authority. ing been suppressed, they were thene for and to One thing, however, yet remained to be done before considered merely as conquered territories the work of restoration could be completed, and that Legislative, Executive, and Judicial Departa*: was the admission to Congress of loyal Senators and of the Government have, however, with gia Representatives from the States whose people had tinctness and uniform consistency, refused to $31* rebelled against the lawful authority of the General tion an assumption so incompatible with the para Government. This question devolved upon the re of our republican system, and with the preface spective Houses, which, by the Constitution, are objects of the war. Throughout the recent made the judges of the elections, returns, and quali- lation of Congress the undeniable fact makes it: . fications of their own members; and its consider apparent, that these ten political comerun ties 27 ation at once engaged the attention of Congress. nothing less than States of this Union. At the ti

In the mean time, the Executive Department-no commencemevt of the rebellion each House de other plau having been proposed by Congress-con with a unanimity as remarkable as it was signita tinued its efforts to perfect, as far as was practicable, that the war was not "waged, on our part is 41 the restoration of the proper relations between the spirit of oppression, nor for any purpose of citizens of the respective States, the States, and the or subjugation, nor purpose of orerthrustingsFederal Government, extending, from time to time, terfering with the rights or established instar as the public interests seemed to require, the judi- of those States, but to defend and maintain the cial, revenue, and postal systems of the country. premacy of the Constitution and all ist. Ende: With the advice and consent of the Senate, the ne- pursuance thereof, and to preserve the Croan cessary officers were appointed, and appropriations all the dignity, equality, and rights of the sin made by Congress for the payment of their salaries. States unimpaired; and that as soon as the The proposition to amend the Federal Constitution, jects” were “accomplished, the warochit (21. uo as to prevent the existence of slavery within the În some instances, Senators were permitteü ile

It

tinue their legislative functions, while in other in the duty of the President to recommend to the con. stances Representatives were elected and admitted sideration of Congress "such measures as he shall to seats after their States had formally declared their judge necessary or expedient." I know of no meas. right to withdraw from the Union, and were endeav ure more imperatively demanded by every consider. oring to maintain that right by force. All of the ation of national interest, sound policy, and equal States whose people were in insurrection as States justice, than the admission of loyal members from sere included in the apportionment of the direct the now unrepresented States. This would consum. tax of twenty millions of dollars annually laid upon mate the work of restoration, and exert a most saluthe United States by the act approved August 5, tary influence in the reëstablishment of peace, har1861. Congress, by the act of March 4, 1862, and by mony, and fraternal feeling. It would tend greatly the apportionment of representation thereunder, also to renew the confidence of the American people in recognized their presence as States in the Union; the vigor and stability of their institutions. and they have, for judicial purposes, been divided would bind us more closely together as a nation, into districts, as States alone can be divided. The and enable us to show to the world the inherent and same recognition appears in the recent legislation in recuperative power of a Government founded upon reference to Tennessee, wbich evidently rests upon the will of the people, and established upon the prin. the fact that the functions of the State were not de- ciple of liberty, justice, and intelligence. Our instroyed by the rebellion, but merely suspended; and creased strength and enhanced prosperity would irthat principle is of course applicable to those States refragably demonstrate the fallacy of the arguments which, like Tennessee, attempted to renounce their against free institutions drawn from our recent naplaces in the Union.

tional disorders by the enemies of republican govThe action of the Executive Department of the ernment. The admission of loyal members from the Government upon this subject has been equally defi- States now excluded from Congress, by allaying pite and uniform, and the purpose of the war was doubt and apprehension, would turn capital, now specifically stated in the proclamation issued by my awaiting an opportunity for investment, into the predecessor on the 22d day of September, 1862. It channels of trade and industry. It would alleviate was then solemnly proclaimed and declared that the present troubled condition of those States, and, hereafter, as heretofore, the war will be prosecuted by inducing immigration, aid in the settlement of for the object of practically restoring the constitu- fertile regions now uncultivated, and lead to an intional relation between the United States and each creased production of those staples which have of the States and the people thereof, in which States added so greatly to the wealth of the nation and the that relation is or may be suspended or disturbed." commerce of the world. New fields of enterprise

The recognition of the States by the Judicial De would be opened to our progressive people, and partment of the Government has lso been clear soon the de stations of war would be repaired, and and conclusive in all proceedings affecting them as all traces of our domestic differences etfaced from States, had in the Supreme, Circuit, and District the minds of our countrymen. Courts.

In our efforts to preserve “the unity of governIn the admission of Senators and Representatives ment which constitutes us one people,” by restoring from any and all of the States, there can be no just the States to the condition which they held prior to ground of apprehension that persons who are dis the rebellion, we should be cautious, lest, having loyal will be clothed with the powers of legislation: rescued our nation from perils of threatened disinfor this could not happen when the Constitution and tegration, we resort to consolidation, and in the end the laws are enforced by a vigilant and faithful Con absolute despotism, as a remedy for the recurrence stess. Each House is inade the “judge of the clec- of similar troubles. The war having terminated, tions, returns, and qualifications of its own mem and with it all occasion for the exercise of powers bers,” and may, “with the concurrence of two of doubtful constitutionality, we should hasten to thirds, expel a mernber.” When a Senator or Rep. bring legislation within the boundaries prescribed resentative presents his certificate of election, he by the Constitution, and to return to the ancieat may at once be admitted or rejected; or, should landmarks established by our fathers for the guidance there be any question as to his eligibility, his cre of succeeding generations. “The Constitution which dentials may be referred for investigation to the

ap

at any time exists, until changed by an explicit and propriate committee. If admitted to a seat, it must authentic act of the whole people, is sacredly obligbe upon evidence satisfactory to the House of which atory upon all.” “If, in the opinion of the people, be thus becomes a member, that he possesses the requi. the distribution or modification of the constitutional site constitutional and legal qualifications. If refused powers be, in any particular, wrong, let it be coradmission as a member for want of due allegiance to rected by an amendment in the way in which the the Government, and returned to his constituents, Constitution designates, but let there be no change they are admonished that none but persons loyal tó by usurpation; for" “it is the customary weapon the United States will be allowed a voice in the legis- by which free governments are destroyed.” WashLatire councils of the nation, and the political power ington spoke these words to his countrymen, when, and moral influence of Congress are thus effectively followed by their love and gratitude, he voluntarily eserted in the interests of loyalty to the Government retired froin the cares of public life. “ To keep in and fidelity to the Union. Upon this question, so all things within the pale of our constitutional pow. vitally affecting the restoration of the Union and the ers, and cherish the Federal Union as the only rock permaneucy of our present form of government, my of safety,” were prescribed by Jefferson as rules of convictions, heretofore expressed, have undergone action to endear to his countrymen the true prinno change; but, on the contrary, their correctness ciples of their Constitution, and promote a Union of has been confirmed by reflection and time. If the sentiment and action equally auspicious to their hapadmission of loyal members to seats in the respective piness and safety.” Jackson held that the action Houses of Congress was wise and expedient a year of the General Government should always be strictly ago, it is no less wise and expedient now.

If this confined to the sphere of its appropriate duties, and anomalous condition is right now-if, in the exact justly and forcibly urged that our Government is condition of these States at the present time, it is not to be maintained nor our Union preserved “by lawful to exclude them from representation,'I do invasions of the rights and powers of the several zot see that the question will be changed by the States. In thus a tempting to make our General eflux of time. Ten years hence, if these States re Government strong we make it weak. Its true main as they are, the right representation will strength consists in leaving individuals and States be no stronger-the right of exclusion will be no as much as possible to themselves; in making itself weaker.

felt, not in its power, but in its beneficence; not in The Constitution of the United States makes it its control, but in its protection; not in binding the

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