f no other offense than loyalty to the Union, acted under
color of law.

"Sir, if we had authority by the use of the army and the war power to
put down rebels acting under color of law, I put the question to every
lawyer, if we had not authority to do that through the courts and the
judicial tribunals if it had been practicable? Suppose it had been
practicable, through the marshals, to arrest the Legislature which
convened at Montgomery, and undertook to take the State of Alabama out
of the Union and set up a government in hostility thereto, ought it
not to have been done? Was not that a conspiracy against this
Government? When the Legislature assembled at Montgomery in 1861, and
resolved that the connection between Alabama and the United States was
dissolved, and when its members took steps to maintain that
declaration; when the same thing was done in South Carolina, and
courts were organized to carry out the scheme, will any body tell me
it would not have been competent, had it been practicable, for the
United States courts in those States to have issued process for the
arrest of every one of those legislators, governors, judges, and all.
And, sir, had this been done, and it had turned out upon trial that
any of the parties arrested had been engaged in armed hostility
against the United States, as some of them had been when, with arms in
their hands, they seized the arsenals and other public property of the
United States, would they not have been found guilty of treason and
hung for treason? and would the fact that they had acted under color
of law have afforded them any protection?"

The President, in his Veto Message, had said, "I do not apprehend that
the conflicting legislation which the bill seems to contemplate is so
likely to occur as to render it necessary, at this time, to adopt a
measure of such doubtful constitutionality."

"That statement," replied Mr. Trumbull, "makes it necessary that I
should advert to the facts and show whether there is any likelihood of
such conflicting legislation; and my testimony comes from the
President himself, or those acting under his authority."

After having referred to legislative enactments of several of the
Southern States very oppressive to the colored people, Mr. Trumbull
remarked: "Now, sir, what becomes of this declaration that there is no
necessity for any measure of this kind? Here are the laws of Texas, of
Mississippi, of Virginia, to which I have referred; and