its consent, be denied a voice in that branch of the
National Legislature.

It is true it has been assumed that the existence of the States was
terminated by the rebellious acts of their inhabitants, and that, the
insurrection having been suppressed, they were thenceforward to be
considered merely as conquered territories. The legislative, executive,
and judicial departments of the Government have, however, with great
distinctness and uniform consistency, refused to sanction an assumption
so incompatible with the nature of our republican system and with the
professed objects of the war. Throughout the recent legislation of
Congress the undeniable fact makes itself apparent that these ten
political communities are nothing less than States of this Union. At the
very commencement of the rebellion each House declared, with a unanimity
as remarkable as it was significant, that the war was not "waged upon
our part in any spirit of oppression, nor for any purpose of conquest or
subjugation, nor purpose of overthrowing or interfering with the rights
or established institutions of those States, but to defend and maintain
the supremacy of the Constitution and all laws made in pursuance
thereof, and to preserve the Union, with all the dignity, equality,
and rights of the several States unimpaired; and that as soon as these
objects" were "accomplished the war ought to cease." In some instances
Senators were permitted to continue their legislative functions, while
in other instances Representatives were elected and admitted to seats
after their States had formally declared their right to withdraw from
the Union and were endeavoring to maintain that right by force of arms.
All of the States whose people were in insurrection, as States, were
included in the apportionment of the direct tax of $20,000,000 annually
laid upon the United States by the act approved 5th August, 1861.
Congress, by the act of March 4, 1862, and by the apportionment of
representation thereunder also recognized their presence as States in
the Union; and they have, for judicial purposes, been divided into
districts, as States alone can be divided. The same recognition appears
in the recent legislation in reference to Tennessee, which evidently
rests upon the fact that the functions of the State were not destroyed
by the rebellion, but merely suspended; and that principle is of course
applicable to those States which, like Tennessee, attempted to renounce
their p