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Speech of Hon. John Sherman, of Ohio, on Representation of Southern States




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Hersteller:Forgotten Books (Sherman, John)
Stand:2015-08-04 03:50:33

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Excerpt from Speech of Hon. John Sherman, of Ohio, on Representation of Southern States: Delivered in the Senate of the United States, February 26, 1866 The Senate having under consideration the concurrent resolution of the House of Representatives relative to the representation of certain States - Mr. Sherman said: Mr. President: The immediate question before the Senate is upon the resolution of the House of Representatives, passed on the 21st instant, declaring that no Senator or Representative shall be admitted into either branch of Congress from any of the eleven States which have been declared to be in insurrection until Congress shall have declared such State entitled to such representation. This question, together with the reasons stated in the resolution for its passage, the circumstances under which it is pressed in Congress, and the many pending propositions of a kindred character now on our table, induces me to follow the example so often set in the Senate, and to discuss all these kindred propositions now while I have the floor. I shall do so as clearly and as briefly as possible, in the order in which they will probably present themselves for our vote. And first as to this resolution. If the meaning of the resolution is that as a matter of convenience in the discharge of our duties the Senators and Representatives ought to act in concert with each other in legislating upon and in discussing ail propositions affecting the right of States to representation, surely it is a reasonable proposition. We have already acted in concert at the beginning of this session by creating a joint committee as an organ of both bodies to confer with each other and to communicate to each House separately their deliberations. We have often before recognized the propriety of acting through joint committees on questions of great importance, when the concurrence of both Houses is needed, and when a free conference will probably tend to produce an agreement. Therefore, if this is the purpose of this resolution, it is a very simple and plain one, and obviously defensible. But, Mr. President, this resolution goes further. It asserts, and it was intended to assert, that with Congress, and with Congress alone, rests the duty of defining when a State once declared to be in insurrection shall be admitted to representation in this and the other House of Congress. This is a proposition of constitutional law; and on this point I am glad to say that there has been no difference of opinion among us until this session of Congress. This question has been three times decided in the Senate. It has been decided by the unanimous report of our Judiciary Committee. It has not been controverted in this body until within a very few days, or until during the present session of Congress. At the last session a unanimous report was made from the Judiciary Committee, composed of some of the ablest lawyers in the Senate, in which this doctrine is, in my judgment, more clearly and distinctly expressed than in the resolution now before us. I cannot see why any one who gave his deliberate judgment to that proposition can oppose this. The honorable Senator from Maine read a portion of this report on Friday, but it will bear repetition, and I will now read it: "The persons in possession of the local authorities in Louisiana having rebelled against the authority of the United States, and her inhabitants having been declared to be in a state of insurrection in pursuance of a law passed by the two Houses of Congress, your committee deem it improper for this body to admit to seats Senators from Louisiana, till by some joint action of both Houses there shall be some recognition of an existing State government acting in harmony with the Government of the United States and recognizing its authority." If this is law, how can any Senator vo


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