But suppose these powerful but now subdued belligerents, instead of being out of the Union, are merely destroyed, and are now lying about, a dead corpse, or with animation so suspended as to be incapable of action, and wholly unable to heal themselves by any unaided movements of their own.  Then they may fall under the provision of the Constitution, which says “The United States shall guarantee to every State in the Union a republican form of government.”  Under that power, can the judiciary, or the President, or the Commander-in-Chief of the Army, or the Senate or House of Representatives, acting separately, restore them to life and readmit them into the Union?  I insist that if each acted separately, though the action of each was identical with all the others, it would amount to nothing.  Nothing but the joint action of the two Houses of Congress and the concurrence of the President could do it.  If the Senate admitted their Senators, and the House their members, it would have no effect on the future action of Congress.  The Fortieth Congress might reject both.  Such is the ragged record of Congress for the last four years.

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Congress alone can do it.  But Congress does not mean the Senate, or the House of Representatives, and President, all acting severally.  Their joint action constitutes Congress.  Hence a law of Congress must be passed before any new State can be admitted, or any dead ones revived.  Until then no member can be lawfully admitted into either House.  Hence it appears with how little knowledge of constitutional law each branch is urged to admit members separately from these destroyed States.  The provision that “each House shall be the judge of the elections, returns, and qualifications of its own members,” has not the most distant bearing on this question.  Congress must create States and declare when they are entitled to be represented.  Then each House must judge whether the members presenting themselves from a recognized State possess the requisite qualifications of age, residence, and citizenship; and whether the elections and returns are according to law.  The Houses, separately, can judge of nothing else.  It seems amazing that any man of legal education could give it any larger meaning.

It is obvious from all this that the first duty of Congress is to pass a law declaring the condition of these outside or defunct States, and providing proper civil governments for them.  Since the conquest they have been governed by martial law.  Military rule is necessarily despotic, and ought not to exist longer than is absolutely necessary.  As there are no symptoms that the people of these provinces will be prepared to participate in constitutional government for some years, I know of no arrangement so proper for them as territorial governments.  There they can learn the principles of freedom and eat the fruit of foul rebellion.  Under such governments, while electing members to the territorial Legislatures, they will necessarily mingle with those to whom Congress shall extend the right of suffrage.  In Territories, Congress fixes the qualifications of electors; and I know of no better place nor better occasion for the conquered rebels and the conqueror to practise justice to all men, and accustom themselves to make and to obey equal laws.