States, and the inhabitants of said State, in pursuance of an act
of Congress, were declared to be in a state of insurrection against the
United States; and
Whereas said State government can only be restored to its former
political relations in the Union by the consent of the lawmaking power
of the United States; and
Whereas the people of said State did, on the 22d day of February, 1865,
by a large popular vote, adopt and ratify a constitution of government
whereby slavery was abolished and all ordinances and laws of secession
and debts contracted under the same were declared void; and
Whereas a State government has been organized under said constitution
which has ratified the amendment to the Constitution of the United
States abolishing slavery, also the amendment proposed by the
Thirty-ninth Congress, and has done other acts proclaiming and denoting
loyalty: Therefore,
_Be it resolved by the Senate and House of Representatives of the United
States in Congress assembled_, That the State of Tennessee is hereby
restored to her former proper practical relations to the Union, and is
again entitled to be represented by Senators and Representatives in
Congress.
The preamble simply consists of statements, some of which are assumed,
while the resolution is merely a declaration of opinion. It comprises no
legislation, nor does it confer any power which is binding upon the
respective Houses, the Executive, or the States. It does not admit to
their seats in Congress the Senators and Representatives from the State
of Tennessee, for, notwithstanding the passage of the resolution, each
House, in the exercise of the constitutional right to judge for itself
of the elections, returns, and qualifications of its members, may, at
its discretion, admit them or continue to exclude them. If a joint
resolution of this kind were necessary and binding as a condition
precedent to the admission of members of Congress, it would happen, in
the event of a veto by the Executive, that Senators and Representatives
could only be admitted to the halls of legislation by a two-thirds vote
of each of the Houses.
Among other reasons recited in the preamble for the declaration
contained in the resolution is the ratification by the State government
of Tennessee of "the amendment to the Constitution of the United States
abolishing slavery, also the amendment proposed by the Thirty-ninth
Congress." If, as is also declared in the preamble, "said Stat
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