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A Bill relating to the Freedmen's Bureau and become entitled to representation in Congress Providing for its Discontinuance.
pursuant to the acts of Congress in that behalf: Be it enacted, &c., That the duties and powers Provided, That nothing herein contained shall be of commissioner of the bureau for the relief of construed to apply to any State which was repre. freedmen and refugees shall continue to be dis- sented in Congress on the 4th day of March, 1867. charged by the present commissioner of the bu July 20— The PRESIDENT sent a veto, of which reau, and in case of a vacancy in said office these are the most important paragraphs : occurring by reason of his death or resignation, " The mode and manner of receiving and countthe same shall be filled by appointment of the ing the electoral votes for President and Vice President, on the nomination of the Secretary of President of the United States are in plain and War, and with the advice and consent of the simple terms prescribed by the Constitution. Senate; and no officer of the army shall be de- That instrument imperatively requires that the tailed for service as commissioner, or shall enter President of the Senate "shall, in the presence upon the duties of commissioner, unless appointed of the Senate and House of Representatives, by and with the advice and consent of the open all the certificates, and the votes shall then Senate; and all assistant commissioners, agents, be counted.” Congress has, therefore, no power, clerks, and assistants shall be appointed by the under the Constitution, to receive the electoral Secretary of War, on the nomination of the com
votes or reject them. The whole power is exmissioner of the bureau. In case of vacancy in hausted when, in the presence of the two Houses, the office of commissioner happening during the the votes are counted and the result declared recess of the Senate, the duties of the commis- In this respect the power and duty of the Presioner shall be discharged by the acting assistant sident of the Senate are, under the Constitution, adjutant general of the bureau until such va- purely ministerial. When, therefore, the joint cancy can be filled.
resolution declares that no electoral votes shall SEC. 2. That the commissioner of the bureau be received or unte from States that, since shall, on the 1st day of January next, cause the 4th of March, 1867, have not "adopted a , the said bureau to be withdrawn from the several constitution or State government under which States within which said bureau has acted, and a State government shall have been organized," its operations shall be discontinued. But the a power is assumed which is nowhere delegated educational department of the said bureau, to Congress, unless upon the assumption that and the collection and payment of moneys the State governments organized prior to the 4th due to soldiers, sailors, and marines, or their of March, 1867, were illegal and void. heirs, shall be continued, as now provided by
• The joint resolution, by implication at least, law, until otherwise ordered by act of Congress : concedes that these States were States by virtue Provided, however, That the provisions of this of their organization, prior to the 4th of March, section shall not apply to any State which shall 1867, but denies to them the right to vote in the not, on the 1st of January next, be restored to election of President and Vice President of the its former political relations with the Govern- United States. It follows either that this asment of the United States, and be entitled to sumption of power is wholly unauthorized by representation in Congress.
the Constitution, or that the States so excluded Passed both Houses.
from voting were out of the Union by reason of the rebellion, and have never been legitimately
restored. Being fully satisfied that they were Joint Resolution excluding from the Electoral
never out of the Union, and that their relations College Votes of States lately in Rebellion thereto have been legally and constitutionally which shall not have been Reorganized. restored, I am forced to the conclusion that the
Resolved, &c., That none of the States whose joint resolution which deprives them of the rigit inhabitants were lately in rebellion shall be to have their vote for President and Vice Preentitled to representation in the electoral col-sident received and counted is in conflict with lege for the choice of President or Vice Presi- the Constitution, and that Congress has no dent of thế United States, nor shall any electoral more power to reject their votes than those of votes be received or counted from any of such the States which have been uniformly loyal to States, unless at the time prescribed by law the Federal Union. for the choice of electors the people of such "It is worthy of remark that if the States State, pursuant to the acts of Congress in that whose inhabitants were recently in rebellion behalf shall have, since the 4th day of March, were legally and constitutionally organized and 1867, adopted a constitution of State govern- restored to their rights prior to the 4th of March, ment, under which a State government shall have 1867, as I am satisfied they were, the only legitibeen organized and shall be in operation ; por mate authority under which the election for unless such election of electors shall have been President and Vice President can be held thereheld under the authority of such constitution in must be derived from the governments insti. and government, and such State shall have also | tuted before that period.
" It clearly follows that all the State govern- | date of the 4th of July, 1868, and was transments organized in those States under acts mitted by and under the name of W. W. Holof Congress for that purpose, and under military den, who therein writes himself Governor of control, are illegitimate and of no validity what- North Carolina, which paper certifies that the ever; and, in that view, the votes cast in those said proposed amendment, known as article States for President and Vice President, in pur- XIV, did pass the Senate and House of Repre. suance of acts passed since the 4th of March, sentatives of the General Assembly of North 1867, and in obedience to the so-called recon- Carolina on the second day of July instant, and struction acts of Congress, cannot be legally re- is attested by the names of John H. Boner or ceived and counted; while the only votes in Bower, as secretary of the House of Representthose States that can be legally cast and counted | atives, and T. A. Kyrnes, as secretary of the will be those cast in pursuance of the laws in Senate, and its ratification on the 4th of July, force in the several States prior to the legislation 1868, is attested by Tod R. Caldwell as Lieutenby Congress upon the subject of reconstruction." ant Governor, president of Senate, and J. W.
Same day—The bill re-passed the SENATE-Holden as speaker of House of Representyeas 45, nays 8, as follow:
atives; YEAS—Messrs. Abbott, Anthony, Cameron, Cattell, Now, therefore, be it known that I, Andrew Chandler, Cole, Conkling, Conness, Corbett, Cragin, Johnson, President of the United States of Harlan, Harris, Henderson, Howard, Howe, Kellogg, America, in compliance with and execution of McDonald, Morgan, Morrill of Maine, Morrill of Ver- the act of Congress aforesaid, do issue this mont, Morton, Nye Osborn, Patterson of New Hamp-proclamation, announcing the fact of the ratificaart, sumner, Tipton, Trumbull, Van'Winkle, Wade, tion of the said amendment by the Legislature Welch, Willey, Williams, Wilson, Yates-45.
of the State of North Carolina, in the manner Nays-Messrs. Buckalew, Davis, Doolittle, Hendricks, hereinbefore set forth. McCreery, Patterson of Tennessee, Vickers, Whyte-8. Same day-It passed the House-yeas 134,
In testimony whereof I have signed these nays 36; and the Speaker proclaimed it to be a seal of the United States to be hereto affixed.
presents with my hand, and have caused the law. The NAYS were
Done at the city of Washington, this eleventh Messrs. Adams, Archer, Axtell, Barnes, Beck, Boyden,
day of July, in the year of our Lord Boyer, Brooks, Cary, Eldridge, Fox, Getz, Glossbrenner,
Thomas 2.Fones; Keight Knoteaut arshah, ne cullough, (seal.] eight, and of the Independence of the Niblack, Nicholson, Phelps, Randall, Ross, Sitgreaves,
United States of America the ninetyStone, Taber, Lawrence S. Trimble, Van Auken, Wood, Woodward-36.
By the President: Proclamation of President Johnson respecting WM. H. SEWARD, the Ratification of the XIVth Amendment by
Secretary of State. Florida and North Carolina, July 11, 1868.
Whereas by an act of Congress, entitled “An Certificate of Mr. Secretary_Seward respecting act to admit the States of North Carolina, South
the Ratification of the Fourteenth Amend. Carolina, Louisiana, Georgia, Alabama, and
ment to the Constitution, July 20, 1868. Florida to representation in Congress," passed William H. Seward, Secretary of State of the on the 25th of June, 1868, it is declared that it United States, to all to whom these presents is made the duty of the President within ten may come, greeting: days after receiving official information of the Whereas the Congress of the United States, ratification by the legislature of either of said on or about the sixteenth of June, in the year States of a proposed amendment to the Consti- one thousand eight hundred and sixty-six, tution known as article XIV, to issue a procla- passed a resolution which is in the words and mation announcing that fact;
figures following, to wit: And whereas the said act seems to be pro (For text of XIVth Amendment, see page 68 spective;
of Manual of 1867, or 194 of the combined ManAnd whereas a paper, purporting to be a reso- ual.] lution of the Legislature of Florida, adopting And whereas by the second section of the act the amendment of the XIIIth and XIVth arti- of Congress, approved the twentieth of April, cles of the Constitution of the United States, one thousand eight hundred and eighteen, entiwas received at the Department of State on the tled “ An act to provide for the publication of 16th of June, 1868, prior to the passage of the the laws of the United States, and for other act of Congress referred to, which paper is at- purposes," it is made the duty of the Secretary tested by the names of Horatio Jenkins, Jr., as of State forth with to cause any amendment to president pro tem. of the Senate, and' W. W. the Constitution of the United States, which has Moore as speaker of the Assembly, and of Wil- been adopted according to the provisions of the liam L. Apthoop as secretary of the Senate, and said Constitution, to be published in the newsWilliam Forsyth Bynum as clerk of the Assem- papers authorized to promulgate the laws, with bly, and which paper was transmitted to the his certificate specifying the States by which the Secretary of State in a letter dated Executive same may have been adopted, and that the same Office, Tallahassee, Florida, June 10, 1868, from has become valid, to all intents and purposes, Harrison Reed, who therein signs himself Gov- as a part of the Constitution of the United ernor;
States; And whereas, on the 6th day of July, 1868, And whereas neither the act just quoted from, a paper was received by the President, which nor any other law, expressly or by conclusive paper being addressed to the President, bears implication, authorizes the Secretary of State te
determine and decide doubtful questions as to | aforesaid amendment has been ratified in the the authenticity of the organization of State manner hereinbefore mentioned, and so has legislatures, or as to the power of any State become valid, to all intents and purposes, as a legislature to recall a previous act or resolution part of the Constitution of the United States. of ratification of any amendment proposed to In testimony whereof, I have hereunto set the Constitution;
my hand, and caused the seal of the Department And whereas it appears from official docu- of State to be affixed. ments on file in this Department that the amend Done at the City of Washington this 20th ment to the Constitution of the United States,
day of July, in the year of our Lord proposed as aforesaid, has been ratified by the (SEAL.) 1868, and of the independence of the legislatures of the States of Connecticut, New
United States of America the ninety. Hampshire, Tennessee, New Jersey, Oregon,
third. WILLIAM H. SEWARD, Vermont, New York, Ohio, Illinois, West Vir
Secretary of State. ginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wisconsin, Concurrent Resolution of Congress on the same Pennsylvania, Michigan, Massachusetts, Ne
Subject, July 21, 1868. braska, and Iowa; And whereas it further appears, from docu
Whereas the legislatures of the States of ments on file in this Department, that the Connecticut, Tennessee, New Jersey, Oregon, amendment to the Constitution of the United Vermont, West Virginia, Kansas, Missouri, InStates, proposed as aforesaid, has also been rati- diana, Ohio, Illinois, Minnesota, New York,
ly-constituted and newly-established Wisconsin, Pennsylvania, Rhode Island, Michi. bodies avowing themselves to be, and acting as, gan, Nevada, New Hampshire, Massachusetts, the legislatures, respectively, of the States of Nebraska, Maine, Iowa, Arkansas, Florida, Arkansas, Florida, North Carolina, Louisiana, North Carolina, Alabama, South Carolina, and South Carolina, and Alabama;
Louisiana, being three-fourths and more of the And whereas it further appears from official several States of the Union, have ratified the documents on file in this Department that the fourteenth article of amendment to the Constilegislatures of two of the States first above tution of the United States, duly proposed by enumerated, to wit: Ohio and New Jersey, have two-thirds of each House of thể Thirty-Ninth since passed resolutions respectively withdraw- Congress; therefore ing the consent of each of said States to the
Resolved by the Senate, (the House of Repreaforesaid amendment; and whereas it is deemed sentatives concurring,) That said fourteenth a matter of doubt and uncertainty whether such article is hereby declared to be a part of the resolutions are not irregular, invalid, and there- Constitution of the United States, and it shall fore ineffectual for withdrawing the consent of be duly promulgated as such by the Secretary of the said two States, or of either of them, to the
State. aforesaid amendment;
July 21—Passed the SENATE without a count. And whereas the whole number of States in
Same day-Passed the House-the resoluthe United States is thirty-seven, to wit: New tion-yeas 126, nays 32; the preamble-yeas Hampshire, Massachusetts, Rhode Island, Con- 127, nays 35. necticut, New York, New Jersey, Pennsylvania,
Georgia has ratified it since, by a majority of Delaware, Maryland, Virginia, North Carolina, ten in the Senate, and twenty-four in the House. South Carolina, Georgia, Vermont, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Missis General Blair's Letter to Colonel Brodhead. sippi, Illinois, Alabama, Maine, Missouri, Ar
WASHINGTON, June 30, 1868. kansas, Michigan, Florida, Texas, Iowa, Wis- Colonel JAMES O. BRODHEAD. consin, Minnesota, California, Oregon, Kansas, DEAR COLONEL: In reply to your inquiries, I West Virginia, Nevada, and Nebraska; beg leave to say, that I leave to you to deter
And whereas the twenty-three States first mine, on consultation with my friends from Misherein before named, whose legislatures have souri, whether my name shall be presented to ratified the said proposed amendment, and the the Democratic Convention, and to submit the six States next thereafter named, as having following as what I consider the real and only ratified the said proposed amendment by newly- issue in this contest. constituted and established legislative bodies, The reconstruction policy of the Radicals will together constitute three-fourths of the whole be complete before the next election; the States number of States in the United States :
so long excluded will liave been admitted, neNow, therefore, be it known, that I, William gro suffrage established, and the carpet-baggers H. Seward, Secretary of State of the United installed in their seats in both branches of ConStates, by virtue and in pursuance of the second gress. There is no possibility of changing the section of the act of Congress, approved the political character of the Senate, even if the twentieth of April, eighteen hundred and Democrats should elect their President and a eighteen, hereinbefore cited, do hereby certify majority of the popular branch of Congress. We that if the resolutions of the legislatures of cannot, therefore, undo the Radical plan of reOhio and New Jersey ratifying the aforesaid construction by congressional action; the Senate amendment are to be deemed as remaining in will continue a bar to its repeal. Must we subfull force and effect, notwithstanding the subse. mit to it? How can it be overthrown? It can quent resolutions of the legislatures of those only be overthrown by the authority of the ExStates which purport to withdraw the consent ecutive, who is sworn to maintain the Constituof said States from such ratification, then the tion, and who will fail to do his duty if he allows
the Constitution to perish under a series of con- | the good-will and kindness which that body has gressional enactments which are in palpable shown to me. Its nomination was unsought, and violation of its fundamental principles. unexpected. It was my ambition to take an
If the President elected by the Democracy active part, from which I am now excluded, in enforces or permits others to enforce these recon- the great struggle going on for the restoration struction acts, the Radicals, by the accession of of good government, of peace and prosperity to twenty spurious Senators and fifty Representa- our country. But I have been caught up by tives, will control both branches of Congress, the whelming tide that is bearing us on to a and his administration will be as powerless as great political change, and I find myself unable the present one of Mr. Johnson.
to resist its pressure. You have also given to There is but one way to restore the Govern- me a copy of the resolutions put forth by the ment and the Constitution, and that is for the convention, showing its position upon all the President elect to declare these acts null and great questions which now agitate the country: void, compel the army to undo its usurpations at As the presiding officer of that convention, I the South, disperse the carpet-bag State govern-am familiar with their scope and import, and ments, allow the white people to reorganize as one of its members, I am a party to their their own governments, and elect Senators and terms; they are in accord with my views, and I Representatives. The House of Representatives stand upon them in the contest upon which we will contain a majority of Democrats from the are now entering; and I shall strive to carry North, and they will admit the Representatives them out in future, wherever I may be placed, elected by the white people of the South, and, in public or private life. I congratulate you, with the co-operation of the President, it will not and all conservative men, who seek to restore be difficult to compel the Senate to submit once order, peace, prosperity, and good government more to the obligations of the Constitution. It to our land, upon the evidences everywhere will not be able to withstand the public judg. shown that we are to triumph at the next elecment, if distinctly invoked and clearly expressed tion. Those who are politically opposed to us on this fundamental issue, and it is the sure way flattered themselves there would be discord in to avoid all future strife to put the issue plainly our councils; they mistook the uncertainties of to the country.
our views as to the best methods of carrying out I repeat, that this is the real and only question our purposes, for difference of opinion with regard which we should allow to control us: Shall we to those purposes. They mistook an intense submit to the usurpations by which the Govern- anxiety to do no act which should not be wise ment has been overthrown; or shall we exert and judicious, for a spirit of discord; but during ourselves for its full and complete restoration ? the lengthened proceedings and earnest discussIt is idle to talk of bonds, greenbacks, gold, the ions of the convention there has prevailed an public faith, and the public credit. What can a entire harmony of intercourse, a patient forbearDemocratic President do in regard to any of ance, and a self-sacrificing spirit, which are the these, with a Congress in both branches con sure tokens of a coming victory: Accept for trolled by the carpet-baggers and their allies ? yourselves, gentlemen, my wishes for your future He will be powerless to stop the supplies by welfare and happiness. "In a few days I will which idle negroes are organized into politi- answer the communication you have just handed cal clubs—by which an army is maintained to me by letter, as is the customary form. protect these vagabonds in their outrages upon the ballot. These, and things like these, eat up Mr. CHAIRMAN: I accept the platform of resothe revenues and resources of the Government lutions passed by the late Democratic Convenand destroy its credit make the difference be- tion, and I accept their nomination with feelings tween gold and greenbacks. We must restore of profound gratitude ; and, sir, I thank you for the Constitution before we can restore the the very kind manner in which you have already finances, and to do this we must have a President who will execute the will of the people by Convention. I accept the nomination with the
conveyed to me the decision of the Democratic trampling into dust the usurpations of Congress conviction that your nomination for the Presiknown as the reconstruction acts.... I wish to dency is one which will carry us to certain stand before the convention upon this issue, but it is one which embraces everything else that victory, and because I believe that the nomis of value in its large and comprehensive re- could be made by the Democratic party. The
ination is the most proper nomination that sults. It is the one thing that includes all that contest which we wage is for the restoration is worth a contest, and without it there is nothing of constitutional government, and it is proper that gives dignity, honor, or value to the strug. that we should make this contest under the lead gle. Your friend, FRANK P. BLAIR.
of one who has given his life to the maintenance
of constitutional government. We are to make Speeches of Horatio Seymour and Francis P. the contest for the restoration of those great Blair, Jr., Accepting the Nominations, July 10, principles of government which belong to our
race. “And, my fellow-citizens, it is most proper [From the N. Y. World, July 11, 1868.]
that we should select for our leader a man not SPEECH OF GOVERNOR SEYMOUR.
from military life, but one who has devoted MR. CHAIRMAN AND GENTLEMEN OF THE COM- himself to civil pursuits ;, who has given himself MITTEE: I thank you for the courteous terms in to the study and the understanding of the Conwhich you have communicated to me the action stitution and its maintenance with all the force of the Democratic National Convention. I have of reason and judgment. My fellow-citizens, I 20 words adequate to express my gratitude for bave said that the contest before us was one for
SPEECH OF GENERAL BLAIR.
the restoration of our government; it is also one, thirty years shall bear interest at four and a balf for the restoration of our race. It is to pre- per centum; and bonds falling due in forty years vent the people of our race from being exiled shall bear interest at four per centum; which from their homes--exiled from the govern- said bonds and the interest thereon shall be exment which they formed and created for them- empt from the payment of all taxes or duties to selves and for their children, and to prevent the United States, other than such income tax as them from being driven out of the country or may be assessed on other incomes, as well as from trodden under foot by an inferior and semi- taxation in any form by or under State, muni. barbarous race. In this country we shall have cipal, or local authority, and the said bonds shall the sympathy of every man who is worthy to be exclusively used, par for par, for the redempbelong to the white race. What civilized people tion of or in exchange for an equal amount of on earth would refuse to associate with them. any of the present outstanding bonds of the selves in all the rights and honors and dignity i l'nited States known as the five-twenty bonds, of their country such men as Lee and Johnston? | and may be issued to an amount, in the aggreWhat civilized country on earth would fail to gate, sufficient to cover the principal of all such do honor to those who, fighting for an erroneous five-twenty bonds, and no more. cause, yet distinguished themselves by gallantry Seo. 2. That there is hereby appropriated out in that service ? In that contest, for which they of the duties derived from imported goods the are sought to be disfranchised and to be exiled sum of one hundred and thirty-five millions of from their homes—in that contest, they have dollars annually, which sum, during each fiscal proved themselves worthy to be our peers. My year, shall be applied to the payment of the in. fellow-citizens, it is not my purpose to make any terest and to the reduction of the principal of long address, (cries of “go on,") but simply to the public debt in such a manner as may be deexpress my gratitude for the great and distin- termined by the Secretary of the Treasury, or a guished honor which has been conferred upon Congress may hereafter direct; and such reduc
tion shall be in lieu of the sinking fund con: A voice. “You are worthy of it.”
templated by the fifth section of the act entitled General Blair-and from my heart to reiter “An act to authorize the issue of United States ate the words of thanks that fell from my lips notes, and for the redemption or funding thereof, when I arose.
and for funding the
floating debt of the United States," approved February twenty-fifth, eigh.
teen hundred and sixty-two. The Funding Bill, July 25, 1868.
SEC. 3. That from and after the passage of this An Act providing for payment of the national act no percentage, deduction, commission, or
debt, and for the reduction of the rate of in- compensation of any amount or kind shall be terest thereon.
allowed to any person for the sale, negotiation, Be it enacted, &c., That the Secretary of the redemption or exchange of any bonds or securiTreasury is hereby authorized to issue coupon or ties of the United States, or of any coin or bullion registered bonds of the United States, in such disposed of at the Treasury Department or elseform as he may prescribe, and of denominations where on account of the United States; and all of one hundred dollars, or any multiple of that acts or parts of acts authorizing, or permitting, sum, redeemable in coin at the pleasure of the by construction or otherwise, the Secretary of United States after thirty and forty years, res the Treasury to appoint any agent, other than · pectively, and bearing the following rates of some proper officer of his department, to make yearly interest, payable semi-annually in coin, such sale, negotiation, redemption, or exchange that is to say: The issue of bonds falling due in of bonds and securities are hereby repealed.