The guaranty clause, Mr. Collamer asserted, implied that States were to be kept in the Union; it was inserted for the security of the minority in a State, though there might be but one man there to redeem Sodom. No one State could discharge the United States from a performance of that obligation. To keep it Congress, if it was essential to maintaining a republican form of government, could abolish slavery if that institution stood in the way of performing the guaranty. Before restoring the States, he added in conclusion, the President would need the assistance of Congress, else how could he get rid of the confiscation act.[[391]]
Collamer’s substitute, which shared the fate of the amendment offered by Ten Eyck, could be construed only by an examination of the President’s proclamation to ascertain what States were in insurrection.
To the preamble, which stated that four years earlier certain designated States had rebelled, and on the 8th of November preceding were in such condition of rebellion that no valid election for the choice of electors of President and Vice-President could be held there, Senator Pomeroy objected that the rebel governor of Arkansas had been killed, and the entire disloyal government destroyed. When the election was held the real local authorities in that State were Union men. It would not be true, as the preamble declared, that these authorities were in rebellion on November 8. The terms of the disloyal officials in Arkansas had expired by limitation; the chief men in that government were not alive to exert any influence if they were disposed to do so. It was not true to say that they made war on the United States on the 8th of November, 1864, or that they were then in condition to do so. Since the rebellion began they never had but one election.
Pomeroy’s amendment to substitute for “state of rebellion” the word “condition” was carried by a vote of 26 to 13. The preamble, as thus perfected, declared that certain States had rebelled four years before, and on November 8 were in such “condition” that no valid election was held.[[392]]
Mr. Lane believed that for the protection of Union men in those States a loyal government was indispensable, and that it did more to demoralize the insurgents and to close out the rebellion than any other act that could be accomplished. It would be worth more than all the victories that could be gained in the field.[[393]]
Senator Howe in closing the debate observed that four days had been spent in discussing not the passage of the joint resolution, but the reason to be assigned in its preamble for excluding the vote of certain States. It belonged to the legislatures of those commonwealths, he maintained, to declare whether valid elections had been held there. He distrusted that sort of legislation, and in conclusion said: “If you will take hold of the question of the political relations of these communities, and if you will tell what is the truth, and has been the truth since 1861, that there are no State organizations there, no State governments, I am with you. When you establish that, you know what they may and what they may not do.”[[394]]
By a vote of 29 to 10 the joint resolution was passed on February 4. In the record the names of Cowan, Doolittle, Harris, Howe, Lane of Kansas, Nesmith, Saulsbury, Ten Eyck, Van Winkle and Willey appear in opposition.[[395]]
For the purpose of canvassing the electoral votes, both Houses assembled in joint convention four days later, February 8, 1865. The Vice-President in discharge of his duty proceeded to open and hand to the tellers the votes of the several States, beginning with Maine. No one dissenting it was agreed on a suggestion by Senator Wade to dispense with the reading of everything in the certificate except the result of the vote.
When all the votes had been recorded, Cowan said: “Mr. President, I inquire whether there are any further returns to be counted.” The Vice-President replied in the negative. To his former question Mr. Cowan then added, “And if there be, I would inquire why they are not submitted to this body in joint convention, which is alone capable of determining whether they should be counted or not.” The Vice-President acknowledged that he had in his possession returns from the States of Louisiana and Tennessee, but in obedience to the law of the land “the Chair holds it to be his duty not to present them to the convention.” The Pennsylvania Senator thereupon inquired whether the joint resolution had been signed by the President, and was informed that while the official communication of its approval had not been received by either House, the Chair had been apprised that the resolution had received the Executive approval.
Cowan then suggested that, as a motion was not in order, the votes of Louisiana and Tennessee be counted, and that the convention determine the fact. Representative Cox immediately recommended the reading of the joint rule under which both Houses were then acting. On being directed by the Vice-President the secretary complied with this suggestion.