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Constitution or to amened an old one without the consent of the people. Nor could either a Convention or a Legislature change the fundamental law without power previously conferred. In the view of your Committee it follows, therefore, that the people of a State where the Constitution has been thus amended might feel themselves justified in repudiating altogether such unauthorized assumption of power, and might be expected to do so at pleasure.

So far as the disposition of the people of the insurrectionary States, and the probability of adopting measures conforming to the changed condition of affairs, can be inferred from the papers submitted by the President as the basis of his actions, the prospects are far from encouraging, It appears quite clear that the anti-slavery amendments both to the State and Federal Constitutions were adopted with reluctance by the bodies which did adopt them, while in some States they have either been passed by in silence or rejected. the language of the provisions and ordinances of those States amount to nothing more than an unwilling admission of an unwelcome truth. As to the ordinance of the secession, it is in some cases declared "null and void," and in others simply "repealed," and in no instance is a refutation of this deadly heresy considered worthy of a place in the new Constitution. If, as the President assumes, these insurrectionary communities were at the close of the war wholly without State government, it would seem that before being admitted in the direction of public affairs new governments should be regularly organized. Long usage has established, and numerous statutes have pointed out, the mode in which this should be done. A convention to frame a form of government should be assembled under competent authority. Ordinarily, this authority emanates from Congress; but, under the peculiar circumstances, your committee is not disposed to criticise the President's action in assuming the power exercised by him in this regard. The convention, when assembled, should frame a constitution of government, which should be submitted to the people for adoption. If adopted, a legislature should be convened to pass the necessary laws to carry it into effect.When a State, thus organized, claims representation in Congress, the election of Representatives should be provided for by law in accordance with the laws of Congress regulating representation, and the proof that the actions taken has been in conformity to law should be submitted to Congress.
   In no case have these essential preliminaries be taken. The convention assembled seem to have assumed that the Constitution, which has been repudiated and overthrown, was still in existence and operative to constitute the States members of the Union, and to ahve contented themselves with such amendments as they were informed were requisite in order to insure them as immediate return to a participation in the Goverment of the United States. Not waiting to ascertain whether the people thus represented would even adopt the proposed amendments, they at once ordered elections of Representatives to Congress, in nearly all instances before an executive had been chosen to issue writes of election under the State laws, and such elections as were held were ordered by the conventions; in one instance, at least, the writs of election were signed by the Provisional Governor. Glaring irregularities and unwarrantable assumptions of power are manifest in several cases, particularly in South Carolina, where the Convention, although disbanded by the Provisional Governor on the ground that it was a revolutionary body, assumed to redistrict the State.
 It is quite evident from all these facts, and, indeed, from the whole mass of testimony submitted by the President to the Senate, that in no instance was regard paid to any other consideration than obtaining immediate admission to Congress, under the barren form of an election, in which no precautions were taken to secure regularity of proceedings or the assent of the people. No constitution has been legally adopted, except, perhaps, the State of Tennessee, and such elections as have been held were without authority of law. Your committee are accordingly forced to the conclusion that the States referred to have not placed themselves in a condition to claim representation in Congress, unless all the rules, which have since the foundation of the Government been deemed essential, in such eases, should be disregarded.
 It would undoubtedly be competent for Congress to waive all formalities and to admit the Confederate States to representation at once, trusting that time and experience will set all right. Whether it would be advisable to so, 

his credentials on the table of the Senate. 

 Other rebels of scarcely less note or notoriety were selected from other quarters, professing no repentance, glorying apparently in the crime they had committed, avowing still, as the uncontradicted testimony of Mr. Stephens and others proves, an adherence to the pernicious doctrince of secession, and declaring that they only yielded to necessity; they insist with unanimous voice upon their rights as States, and proclaim that they will submit to no conditions, whatever, as preliminary to their resumption of powers under the Constitution which they still claim the right to repudiate. 
SPIRIT OF THE SOUTHERN PRESS 
 Examining the evidence taken by your committee still further in connection with facts too notorious to be disputed, it appears that the Southern press, with but few exceptions, and those North, of newspapers established by Northern men, abounds with weekly and daily abuses of the institutions of the people of the loyal States, defends the men who led and the principles which incited the rebellion, denounces and reviles the Southern men who adhered to the Union, and strives, constantly and unscrupulously, by any means in the power, to keep alive the fire of hate and discord between the two sections; calling upon the President to violate his oath of office and overturn the Government by force of arms, and drive the representatives of the people from their seats in Congress. The national banner is openly insulted, not only by an ignorant population but at public meetings, and once, among other notable instances, at a dinner given in honor of a notorious rebel who had violated his oath and abandoned his place. The same individual is elected to an important office in the leading city of his State, although unpardoned rebel, so offensive that the press silently allows him to enter upon his official duties. In another State the leading General of the rebel armies is openly nominated for Governor by the Speaker of the House of Delegates, and the nomination is hailed by the people with shouts of satisfaction and openly indorsed by the press. 
OPPOSITION TO THE FREEDMEN'S BUREAU. 
 Looking still further at the evidence taken by your Committee, it is found to be clearly shown by witnesses of the highest character, and having the best means of information, that the Freedmen's Bureau, insitiuted for the relief and protection of the freedmen and refugees, is almost universally opposed by the mass of the population, and is in an effcient condition only under military protection, while the Union men of the South are earnest in its defense, declaring in one voice that without its protection the colored people could not labor at fair prices, and could hardly live in safety. They also testify that without the protection of the United States troop, whether of Northern or Southern birth, would be obliged to abandon their homes. The feeling in many portions of the country toward the emancipated slaves, especially among the uneducated and ignorant, is one of vindictive and malicious hatred. This deep-seated prejudice against color is assiduously cultivated by the public journals, and leads to acts of cruelty, oppression and murder, which the local authorities are to no pains to prevent or punish. There is no disposition to place the colored man, constituting at least four-fifths of the population, even upon terms of even civil equality, while many instances may be found where large planters and men of the better class accept the situation and honorably strive to bring about a better order of things by employing the freedmen at fair wages and treating them kindly. The general feeling and disposition among all classes is yet totally averse to the toleration of any class of people friendly to the Union, be they white or black, and this aversion is not unfrequnetly manifested in an insulting and offensive manner. 
TAXATION IN THE SOUTH. 
 The witnesses examined as to the willingness of the people of the South to contribute under existing laws, to the payment of the national debt, prove that the taxes levied by the United States will be paid only on compulsion and with great reluctance, while there prevails to a considerable extent an impression that compensation will be made for slaves emancipated and property destroyed during the war. The testimony on this point comes from officers of the Union army, officers of the late rebel army, Union men of the Southern States and avowed secessionists, almost all of who state that in their opinion, the people of the rebellious States would, if they should see a prospect of success, repudiate the national debt. 

rights and privileges long since forfeited. The crime we have punished is paraded as a vertue, and the principles of republican government, which we have vindicated at so terrible a cost, are denounced as unjust and oppressive.

CONTINUED SUSPENSION OF THE HABEAS CORPUS.

 If we add to this evidence the fact that, although peace has been declared by the President, he has not to this day deemed it safe to restore the writ of habeas corpus to relieve the insurrectionary States of martial law, nor to withdraw the troops from many localities, and that the commanding General deems an increase of the army indispensable to the preservation of order, and the protection of loyal and well disposed people in the South, the proof of a condition of feeling hostile to the Union, and dangerous to the Government throughout the insurrectionary States, would seem to be overwhelming.  
 With such evidence before them, it is the opinion of your committee:
 First- That the States lately in rebellion were, at the close of the war, disorganized communities, without civil government, and without Constitution or other forms by virtue of which political relations could exist between them and the Federal Government. 
 Second-That Congress can not be expected to recognize as valid the election of men from disorganized communities, which from the very nature of the case, were unable to present their claim to representation under those established and recognized rules, the observance of which has been hitherto required.
 Third- Congress would not be justified in admitting such communities to a participation in the government of the country without first providing such constitutional or other guarantees as will tend to secure the civil rights of all citizens of the republic. A just equality of representation is protection against a claim founded in rebellion and crime; a temporary restriction of the right of suffrage to those who have not actively participated in the efforts to destroy the Union, and the exclusion from positions of public trust of at least a portion of those whose crime have proved enemies of the Union, and unworthy of public confidence. 
 Your committee will, perhaps, hardly be deemed excusable for extending this report further, but, in as much as immediate and unconditional representation of the States lately in rebellion is demanded as a matter of right and duty, and even hesitation is denounced as grossly oppressive and unjust, as well as unwise and impolite, it may not be amiss again to call attention to a few undisputable and notorious facts, and the principles of public law applicable thereto, in order that the propriety of that claim may be fully considered and well understood.  

TENNESSEE.

 The State of Tennessee occupies a position distinct from all the other insurrectionary States, and has been the subject of a separate report which your committee have not thought it expedient to disturb. Whether Congress shall see fit to make that State the subject of separate action, or to include it in the same category with all others so far as concerns the imposition of preliminary conditions, it is not within the province of this committee to wither determine or advise. 
 To ascertain whether all the so-called Confederate States "are entitled to be represented in either House of Congress," the essential inquiry is, whether there is in any one of them a constituency qualified to be represented in Congress. The question how far persons claiming seats in either House possess the credentials necessary to enable them to represent a duly qualified constituency, is one for the consideration of each House separately, after the preliminary question shall have been finally determined. 
THE ARGUMENT SUMMED UP. 
 We now propose to restate, as briefly as possible, the general facts and principles applicable to the States recently in rebellion. 
 First- The seats of the Senators and Representatives from the so-called Confederate States became vacant in the year 1861, during the second session of the XXXVIth Congress, by the voluntary withdrawal of their incumbents, with the sanction and by the direction of the Legislatures or Conventions of their respective States. This was done as a hostile action against the Constitution and Government of the United States, with a declared intention to overthrow the same by forming a Southern confederation. This act of declared hostility was speedily followed by an organization of the same States into a confederacy, which lived and waged war, by sea and land against the United States. This war continued more than four years, within which time the rebel armies besieged the national capital, invaded the total States, burned their towns and cities, robbed their citizens, destroyed more than 250,000 loyal soldiers, and imposed an increased national burden of no less than $3,500,000,000, of which seven or eight hundred millions have already been met and paid. From the time that these Confederate States thus withdrew their representation in Congress, and levied war on the United States, the great mass of their people became and 

Early in May, notice was given that [[?]] of "rations" by officers of this Bureau would cease on the first of June, except to such as were in infirmaries established by the Bureau, or were so near the office of a Superintendent, as to enable him to make a personal investigation as to their necessities, but I find that from causes that have been before reported and from inability of very many to procure seeds in time for planting, particularly Irish potatoes and other crops that could have been realized early in the season, and more than all from the destitution of the people of any kind of animals to plow or cultivate crops, that great destitution and suffering will prevail in many parts of the country, unless relived by the charity of the Government until the corn harvest is reached. A large majority of these who are now destitute and required assistance from the Government, have no crops of any kind under cultivation except corn; they look forward with bright anticipations to the season when "roasting ears" can be gathered.
 Under these circumstances I shall consider it my duty to alleviate the destitution of the people, to some extent at least, by the issue of Governernment Subsistence stores.
 Capt. Sam Houston, of the steamer Ozark, writes as follows: "In making weekly trips from this place (Little Rock) to Fort Smith I have noticed the suffering condition of the people along the river at different points, and I believe if something is not done to help feed them a great many will perish from want of food; and in a majority of cases they are women and children who have lost their husbands and fathers in the Union cause, and have no help."
 Governor Murphy indorses this gentleman and his statement, and requests me to send food to the destitute in that portion of the State of Arkansas, which I shall do. Capt. Houston has kindly offered to carry the supplies will be sent to Ozark, Franklin county, in charge of an officer for distribution
 In issuing to the destitute, no discrimination has been made on account of loyal or disloyal sentiments, or services during the war; the aim has been to assist the helpless destitute, and the destitute who are trying to help themselves. I regret to say, however, that in many parts of the couutry no sympathy or favor is shown by late rebels to families known as Union in sentiment during the war. In some portions of the country, far removed from military posts, this intolerant spirit is carried to such an extent that the Union people are still persecuted, and made to feel insecure in their own homes, from which they were driven by armed rebels during the war.
 As to matters of general interest, I can not do better than to give you extracts from some of the reports of Superintendents for the month of May. Under date of May 31 Capt. Henry Sweeney, General Superintendent of the Helena district, writes: 
 "On the 14th and 15th inst. I was at Marianna, and visited several plantations in the vicinity, I found that all the freedmen were working contented and well, and heard some complaints of a trivial characters from a few freedmen, which I adjusted to the acknowledged satisfaction of all concerned. The universal testimony of the planters was to the effect that the colored people, as a class, were doing better than they (the planters) expected they would do for years to come, under the free system of labor, and one or two planters told me they would have as large a crop as they ever had before the war. I also learned that the freedmen who were working for an interest or share in the crep were doing much better than those who were working for wages.
 "The citizens generally expressed a wish to treat the freedmen with justice and humanity, and that they (the citizens) were willing and anxious that all persons should have equal rights before the law, regardless of color or race. All the plantations along the road, on both sides, from Helena to Marianna- a distance of twenty-five miles- look to be in a flourishing condition, with the finest prospect of a good crop of cotton and corn. 
 "A very large amount of corn is planted throughout the country. A lot has been purchased in Marianna, from a Mr. Worsham, (who has been a true Union man all through the war.) by a colored man from Memphis, named J. Smith, who intends to build a house on said lot to be used as a school for colored children. A large majority of the people in Marianna and vicinity are very much in favor of a school being established among them, as they fully realize the necessity of intelligent labor. A majority of the planters give a share of the crop, from one-third to one-half, in lieu of monthly wages. 
 "On the 19 inst. I visited Madison, St. Francis county, and remained there two days, during which time I visited several plantations, and had a number of interviews with citizens, planters and freedmen. The remarks relating to Marianna are applicable to Madison, and the country surrounding it, and also to Wittsburg, in Cross country, where the greatest quiet and good order remains in the community at large. 
 "on the 28th and 29 inst. I visited Old Town and the several plantations between Helena and that point, a distance of twenty-two miles. I found everything working well and no complaints from either planters or laborers. During the past two months I have sent a number of criminal misdemeanors for adjudication to the civil authorities of Helena, and in all cases I [[c?]]ould strict, impartial justice administered, although I believe the colored population to a great extent are rather averse to it. During the month of May I have traveled two hundred and ninety [[?]]our miles in Phillips and St. Francis counties, and expect to visit Crittenden and Mississippi counties during the coming month."

[[?]]uction of their children. The presence of a few soldiers would do much to keep peace among all classes, and perhaps stop further trouble from the class of society above referred to. "With simply the presence of the Bureau, the freedmen in the main are dealt with fairly, but if there was no such protection, in less than two years they would become almost extinct, for the bullet would be the chief food and payment of all indebtedness to the ignorant race. This I know is not confined to my county alone, and evidences of this kind are of every day occurrence in North-eastern Texas, and distant points from garrisons in the State. Even a few days ago, about the 2oth of April last, a freedman, Graudville Trigg, en route to Washington, Hempstead county, was robbed, and, after the act, to conceal the crime, a greater on was committed by shooting him and leaving him in the woods for dead. This is done by four men, almost beardless as he states."
 Maj. J. P. Watson, General Superintendent, Jackson, Arkansas District, under date of May 31st, writes:
 "There are very few of the class termed refugees in the District; with some exceptions those who are here, are doing as well as could be expected. There are some in counties above here who are in a destitute condition, but their greatest difficulty is to get justice before the civil courts. This is also the case with all Union men.
 "Mr.Simpson Mason, Superintendent for Fulton county, reports to me that the people of Izard county have conspired together to make the freedmen work for merely their board and clothing, by refusing to hire them and give them wages. These people also refuse to pay them for any and all work done by them since their being made free. I have sent word to that county that any freedmen who cannot get fair wages where they are, can get all they can do in this vicinity and ample compensation for their labor.
 "I have had reports from Lawrence and Randolph counties that the freedmen are not doing as well as could be hoped, owing to the bitter rebellious spirit of the people. Those counties are in a very bad state. They are full of desperate characters who scruple at nothing, and Union men and freedmen are shut out from justice before the laws. The revel citizens boast of this openly. I have sent Lieut. Dyer to those counties to attend to the affairs of the Bureau. He has not yet returned. The necessity for a small detachment of troops to be stationed above here, becomes more apparent every month. There is great deal of bitter feeing against the freedmen throughout the whole District, and to have been loyal to the Government is a crime for which a man must answer with his property, and often with his life. It is really pitiable to hear the complaints and grievances of these unfortunate people, left as they are to the tendor mercies of those who are as rebellious as they were three years since, and who are ever ready to persecute them. These things are not so openly manifested in the vicinity of troops, or in regions were troops can be sent in a few hours. 
 "Lt. Gov. Bliss, of this State, has been on a tour through this county. I talked with him in reference to the matters and his views exactly coincide with my own. 
 In relation to the administration of justice by officers of the Bureau, I have from the first directed, that all cases that could properly be disposed of in that way, should be turned over to the civil authorities. On this point Hon. E. W. Arkansas, an old and well known citizen of Washinton, Hempstead county, Arkansas, and once an officer in the rebel army, writes under date of May 27th:
 "I did intend to write at length in reference to the orders turning over to civil authorities, cases in which the protection or punishment of freedmen is involved. But I dislike to state a proposition and not give my reasons for it. I will say in brief, however that so far as relates to felonies committed by n*****s, or upon the persons of n*****s, I see no other plan; but for offenses less than felony committed upon the persons of freedmen, I regard it as quite a different thing, For instance, an employer tells a freedman that he does not work well, or that he has stolen his meat or has told a lie, the n**** says. 'No, massa, I hain't.' The white man replies, 'don't say you haven't, you insolent fellow.' The n**** says 'he is few and has a right to make the denial.' The white man knocks him down, or whips or kicks him off his place, and the agent of the Bureau turns the case over to the 'civil authorities.' The 'Justice of the Peace' hears the proof and decides that the 'n*****' 'sauced' the white man, and the white man did right, and that he would knock down any impertinent n****.
 "Now, then, General, I know our people, and such would be just about the fate of nine-tenths of the cases. A case occurred in the place a week ago to-day. A colored woman went to a Mrs. Vanghn's (I believe that is the name) and remarked that she had come after her little girl. Mrs. Vaughn refused to give her up. There had been no contract for her hire. The woman insisted that she should have the child. Mrs. V. abused and threatened her. The n****, after many provoking words replied: 'I am as free as you, Madam.' Mrs. V. thereupon became enraged, and struck her. After this the colored woman left, and in going out of the gate met the wife's husband. He was told that the n**** 'sauced' his wife, and he immediately 'horse-whipped' her, and after that 'clubbed' his whip and struck her severely over the head. She came to me bleeding and looking very badly, while her little girls were in tears, and seemed half frightened to death. I at once addressed a not to Mr.

using them to break the force of the blow (always considered voluntary, no difference how hard the infliction) was always regarded as the extreme of impudence. To respond, 'I have done all the work I can' to a charge of 'laziness,' was always quite insolent. To walk slowly when told to run was insupportable insolence. I was an indulgent master, but remember, myself, whipping a little 'rascal' because he would not run fast when I called him. The point I desire to make is that a court of justice, plucked from a public sentiment of that kind, catches the hue of its surroundings, and until that public sentiment advances there is but little hope of 'fair dealing.'
 "On yesterday I was in Mr. Williams' office, who is the Superindtendent for this country. A gentleman came in and reported that a n**** had 'sauced' him, and that he struck him. Mr. W. asked me if, legally, such a man was amenable to the laws. I replied that 'no words justified an assault, but were I on a jury I should be for inflicting the lightest penalty on any person who struck another in consequence of very abusive or threatening language. A very respectable old citizen in the room at the time swore that, 'if he could not thrash a n**** who insulted him he would leave the country,' This feeling of blows for impudence, as it existed under the old system, is hard to eradicate from the minds of our people. It can only be done, in my opinion, by the frequent infliction of a penalty, coupled with explanations as to the laws and justice thereof, and this by officers holding authority directly under the United State Government. Officers elected by the people in the Southern States would enforce no penalties for wrong done a n****, less than felony. The people are not up to it, and our public men, especially of small calibre and great pretensions, fear the people. Not one of them could be 're-elected.' And there are the least number who can brave public opinion, face demagogues, and, standing on the right, maintain it until the people come to them in end.
 "But, after all, I am hopeful of great changes, and a bright future for even the most obdurate and obstinate in our midst, provided always that too many opportunities are not thrown away in this and the coming step of final adjustment of sectional difficulties."
 I have given the foregoing extracts from the reports that have reached me for the month just closed, and assure you that they can be taken as a true index of the sentiments of the people. These letters are from men who come daily in contact with the people and know whereof they speak. There are many good men in every community in this States, who, despite of former prejudices, would deal justly which all men, and give cheerful obedience to the laws which are now in force; but it cannot be claimed, with truth, that a majority of men can be found in very many communities.  
 I was informed yesterday of the murder, by shooting, of fwo freedmen, in a distant part of the State; also the hanging of another in a different part of the State. An officer leaves this evening to investigate these cases. 
I have the honor to be, General,
 Very respectfully, your obd't servant,
                           J. W. SPRAGUE,
               Brevet Maj,-Gen., Ass'tCom

 Both Houses of Congress have finally passed a bill to dispose of about three millions of public lands to actual settlers. It is in effect extending the provisions of the Homestead Bill over those lands. It restricts the amount of land to be entered by one person to eighty acres may be entered. Until January next, all who have taken part in the rebellion are excluded from the privileges of the bill. After that this restriction is removed. 

 The New Orleans Unionists complain to the President that loyal men have been dismissed from positions in the Custom House in that city, and parties who served in the rebel army appointed in their stead. In one instance a Radical Union man was dismissed from a $1500 place and an ex-rebel Colonel appointed to the vacancy. The same thing is being done in the other Federal offices throughout the States.

 The Fisk Free School for Colored Children at Nashville closed its first term on Saturday. A large number of citizens crowded the chapels to witness the examination. Nearly one thousand children are taught in this school, by fifteen teachers. It is supported by the Western Freedmen's COmmission, at Cincinnati, and the American Missionary Association, at New York. The examination was a success. 
 At Newbern. N. C., the City Council has voted yeas two to nay three not to purchase a flag to be displayed from the city hall. The argument in opposition was that the United States would not allow representation from the South in Congress, therefore the South ought not to allow the flag to be shown within her border.
 Thieves, burglar and incendiaries have inaugurated a reign of terror in Atlanta. Wednesday night an attempt was made to burn the block of buildings, corner of Whitenail and Marietta streets, and on Thursday night to burn the Central Hotel. Four hotel robberies occurred during the two nights.
 A letter has been addressed to Gov. Brownlew signed by forty members of Congress, asking him to convene the Legislature for the rati[[?]]tion of the Constitutional amendment just [[?]] by Congress.