Mr. Sherman opposed the substitution of this preamble. "These political dogmas," said he, "can not receive the sanction of the President; and to insert them will only create delay, and postpone the admission of Tennessee."
"I pay no regard," said Mr. Wade, "to all that has been said here in relation to the President probably vetoing your bill, for any thing he may do, in my judgment, is entirely out of order on this floor. Sir, in olden times it was totally inadmissible in the British Parliament for any member to allude to any opinion that the king might entertain on any thing before the body; and much more, sir, ought an American Congress never to permit any member to allude to the opinion that the Executive may have upon any subject under consideration. He has his duty to perform, and we ours; and we have no right whatever under the Constitution to be biased by any opinion that he may entertain on any subject. Therefore, sir, I believe that it is, or ought to be, out of order to allude to any such thing here. Let the President do what he conceives to be his duty, and let us do ours, without being biased in any way whatever by what it may be supposed he will do."
Mr. Brown entered his disclaimer. "Republicanism," said he, "means nothing if it means not impartial, universal suffrage. Republicanism is a mockery and a lie if it can assume to administer this government in the name of freedom, and yet sanction, as this act will, the disfranchisement of a large, if not the largest, part of the loyal population of the rebel States on the pretext of color and race."
The question being taken on the passage of the preamble as substituted by the Senate, together with the resolution of the House, resulted in twenty-eight Senators voting in the affirmative, and four in the negative. The latter were Messrs. Brown, Buckalew, McDougal, and Sumner.
The House concurred in the amendment of the Senate, without discussion, and the joint resolution went to the President for his approval.
On the 24th of July, the President, not thinking it expedient to risk a veto, signed the joint resolution, and at the same time sent to the House his protest against the opinions presented in the preamble. After having given his objections to the preamble and resolution at considerable length, the President said: "I have, notwithstanding the anomalous character of this proceeding, affixed my signature to the resolution. [General applause and laughter.] My approval, however, is not to be construed as an acknowledgment of the right of Congress to pass laws preliminary to the admission of duly-qualified representatives from any of the States. [Great laughter.] Neither is it to be considered as committing me to all the statements made in the preamble, [renewed laughter,] some of which are, in my opinion, without foundation in fact, especially the assertion that the State of Tennessee has ratified the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress." [Laughter.]
After the reading of the President's Message, Mr. Stevens said: "Inasmuch as the joint resolution has become a law by the entire and cordial approval of the President, [laughter,] I am joint committee on reconstruction to ask that that committee be discharged from the further consideration of the credentials of the members elect from the State of Tennessee, and to move that the same be referred to the Committee of Elections of this House."
This motion was passed. At a later hour of the same day's session, Mr. Dawes, of the Committee on Elections, having permission to report, said that the credentials of the eight Representatives elect from Tennessee had been examined, and were found in conformity with law. He moved, therefore, that the gentlemen be sworn in as members of the House from the State of Tennessee.
Horace Maynard and other gentlemen from Tennessee then went forward amid applause, and took the oath of office.
On the day following, Joseph S. Fowler was sworn in, and took his seat as a Senator from Tennessee.