on, and the resolution was
referred with the credentials to the Judiciary Committee. A few weeks
alter, on the 27th June (1864), the committee made a report covering
substantially the ground of Mr. Sumner's resolution. By a vote of
twenty-seven to six the State declared that "the rebellion is not so
far suppressed in Arkansas as to entitle that State to representation
in Congress, and therefore Messrs. Fishback and Baxter are not entitled
to admission as senators." Similar action was taken in the House--the
representatives not being allowed to take seats.

The conflict between the President and Congress on the subject of
reconstruction was made still more apparent by the further action of
each. After the Arkansas case had been disposed of, Congress passed a
bill embodying its own views of the proper process of reconstruction.
By this measure it was directed that the President should appoint a
provisional governor for each of the States declared to be in
rebellion; that said governor should, as soon as military resistance
to the United States ceased, make an enrolment of the white male
citizens, submitting to each an oath to support the Constitution. If a
majority of the citizens should take and subscribe the oath, the
governor was to order an election of delegates to a constitutional
convention.

It was made the duty of the convention as its initial proceeding to
declare on behalf of the people of the State their submission to the
Constitution of the United States, and to incorporate in their own
organic law three fundamental provisions: First, No one who has held
any office under the Confederate Government except civil offices merely
ministerial, or military office below the rank of colonel, shall vote
for or be a member of the Legislature, or shall vote for or be elected
governor. Second, Involuntary servitude shall be forever prohibited,
and the freedom of all persons in the State guaranteed. Third, No
debt, State or Confederate, created in aid of the rebellion shall ever
be paid. In the event of a constitution being framed with these
provisions inserted, and then adopted by a majority of the popular vote
as already enrolled, the governor shall certify that fact to the
President, and thereupon the President, _after obtaining the assent of
Congress_, shall recognize the State government so established as a
legitimate and constitutional government competent to elect senators
and representatives in Congress an