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.

And these fallen rebels cannot at their option reenter the heaven which
they have disturbed, the garden of Eden which they have deserted;
as flaming swords are set at the gates to secure their exclusion, it
becomes important to the welfare of the nation to inquire when the doors
shall be reopened for their admission.

According to my judgment they ought never to be recognized as capable
of acting in the Union, or of being counted as valid States, until the
Constitution shall have been so amended as to make it what its framers
intended, and so as to secure perpetual ascendency to the party of the
Union; and so as to render our republican Government firm and stable
forever. The first of those amendments is to change the basis of
representation among the States from Federal members to actual voters.