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They have not discussed any provision of the of one who was as faithful to the rebellion and violence to retard the material development proposed amendment. I will not say they dare the confederacy as he, but made greater sacri- of their own section and the interlinking of not discuss them clause hy clause and denounce fices for them. For he was in North Carolina ours with theirs by the ties of friendship, of them as they have, but it would evince a high and stood by the confederacy until its last army commerce. Yes, it is by promulgating such degree of political courage.

was surrendered. I read from his letter of groundless delusions and catering to their Let us look at these provisions so fearfully 3d instant.

wounded pride that the hour of safe and perdenounced by the gentlemen. Does my col- Mr. BOYER. Do I understand my col. fect reconstruction is delayed. No consideraleague think he could go safely through his league to say that I was faithful to the rebel- tion is more important than the animus of the district in Pennsylvania denouncing the prop- lion?

masses of the southern people; and he is not osition to embody in the Constitution of the Mr. KELLEY. I say this: that the Demo- their friend who blinds their judgment or fires United States a provision that

cratic party of the North fought for the rebel- their hatred against the overwhelming majority No State shall make or enforce any law which shall

lion where there was no personal danger as of the people of the North. abrigo the privileges or immunities of citizens of the zealously as the Democratic party of the South Yet what does the third section of the proUnited States; nor shall any State deprive any per- did on the field of mortal danger.

posed amendment, which my colleague says son of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction

Mr. BOYER. And I say that my colleague | the people of the South cannot accept without the equal protection of the laws?

fights for disunion as zealously as ever armed dishonor, provide? Why, that at the end of There is not a man in Montgomery or Lehigh traitors at the South fought for it during the four little years all those who by the crime of

treason or the act of secession have disfranchised county that will not say those provisions ought rebellion. to be in the Constitution if they are not already Nothing further need be said on that subject. politically forgiven, if not forgotten, Will my

Mr. KELLEY. Opinions differ-that is all. themselves shall vote and the past shall be there. Again, sir, dare he read to his constituents

In this letter of May 3, my clear-headed and colleague dare go to his people on the gronnd the language of the second section and reiterate statesmanlike correspondent says:

that this offer is inhuman? Will he ask them his denunciations of it? It is as follows:

"I have always held that it was absurd in us, after as he did us how, if secession was a failure and

being reduced to submission by the Federal Govern- the war a success, the States got out of the Src. 2. Representatives shall be apportioned among ment, to set up any claim of right to regulate the the several States which may be included within this terms of settlement.

Union or the people lost their political rights. Union according to their respective numbers, count- ** To me it is simply ridiculous to assert that the || My Carolina letter answers that. If secession ing the whole number of persons in each State, ex- States had both the right to secede, and, upon a failcluding Indians not taxed. But whenever in any

was a right it was exercised, and they are conure to establish it, the right to return at pleasure: quered territory; and if it was not a right, the State the elective franchise shall be denied to any portion of its male citizens not less than twenty-ono namely, that if the right of secession existed and was people embarked in rebellion and have lost years of age, or in any way abridged, except for par- exercise, the States are now conquered territory; or all civil and political rights, and the conseticipation in rebellion or other crime, the basis of that, ititdid not exist, the people, after attempting and representation in such State shall be reduced in failing in a revolution, forfeited their most valuable

quences are practically the same. the proportion which the number of such male citipolitical rights. And in either case the consequences

Mr. BOYER. Where does my colleague zens shall bear to the whole number of male citizens are practically not very different. Whatever I may find his authority for saying that they have lost not less than twenty-one years of age.

think of the wistom of your plan of reconstruction,
the right of the Government to make one, nobody but

all their civil and political rights? Shall the pardoned rebels of the South

an insane man can deny. Like the vanquished every- Mr. KELLEY. I referred to the letter from include in the basis of representation four where, I think the people of the South will reap true the gentleman's coworker in the southern wing million people to whom they deny political glory now in fortitude alone."

of the Democratic party during the last four rights, and to no one of whom is allowed a That comes from as stout a champion of

years, my correspondent from North Caroliva. vote in the selection of a Representative? secession, rebellion, and war as there was on Mr. BOYER. I ask better authority than Can he tell the men of the boroughs of Nor- the floor of Congress during the war-one who that of a rebel, although he may pass current ristown and Allentown that one red-handed gave four years and most of his property to with my colleague. rebel in South Carolina is of right and ought sustain the cause.

Mr. KELLEY. The time was when such to be the equal of three of the best and most I turn to another distinguished son of the

would have been a good deal better than kepatriotic of them on the floor of Congress or same State. in the college for the election of President Mr. ROGERS. I ask the gentleman to give

publican authority with the gentleman.

Mr. BOYER. It is just as good to-day as and Vice President? lle dare not do it. They the name of the author of that letter. would spurn him and the insulting proposi- Mr. KELLEY. Sir, so bloody-ininded are

the authority of the gentleman.

Mr. KELLEY. No advantage will accrue tion. The men who fought the rebels and some of the baser sort of the reconstructed

from involving great national questions in pererushed their confederacy would say, give us that I am not disposed to offer a victinı or two

sonal wrangles. I quoted the authority, and at least equal consideration and power with upon the altar of the curiosity of the distin

will ram it down the gentleman's throat in the the traitors against whom we fought, and who guished leader of the Democracy from New

sixth district in the coming congressional camcaused the death of three hundred thousand Jersey. [Laughter.]

paign. of our patriotic brethren.

This letter is a little older than the other.

Mr. BOYER. You had better take care of I come, sir, to the third section. To strike It is dated April 24: that out would, in my judgment, be to emas

your own congressional district, and I will take “The course of events has not surprised me much,

care of mine. [Laughter.] culate the amendment. It is as follows:

though it grieves me exceedingly. I saw, or thought
I saw, that the best thing for the whole country, espe-

Mr. RANDALL, of Pennsylvania. I think SEC. 3. Until the 4th day of July, 1870, all per- cially for the South, was entire harmony between the so, too. sous who voluntarily adhered to the lato insurrec- President and the party which elected him. That

Mr. KELLEY. I am in the habit of taking tion, giving it aid and comfort, shall be excluded harmony has been broken, I fear, without hope of from the right to vote for Representatives in Congreye restoration. I cannot but think that the President

care of my district, and mean to do it. am for clectors for President and Vice President of the has committed a great blunder, if not a great crime. Mr. Speaker, this section which is denounced United States.

I know verily that for two or three months after the
surrender--until indeed his restoration policy was

as so degrading to the people of the rebellious Who ought to govern this country? The fully developed and considered here a fixed fact

States simply proposes, as I have shown, to men who for more than four years sustained nolens volens--the southern mind was more like a restore to them at the end of four years those bloody war for its overthrow, or they whom

blank sheet of paper than I have ever knew it, more my colleague designates as “that proscriptive free from prejudice, more disposed to broad national

rights which the sensible, people of the South views, and more susceptible to impressions favorable

know they have lost, and which they despise body of men known as the great Union party' to the North and northern men and northern ideas. Andrew Johnson for attempting to restore by who maintained the Government against the

Upon that blank sheet of paper might have been unconstitutional means. He has committed,

written enduring characters of peace, union, and most gigantic rebellion since that which Satan harmony between every section of the Republic.

said one of them, in the letter from which I led? I quote my colleague's language, and I But the time was lost; when it will return, God only read an extract, a great blunder, if not a great ask him whether he dare go before our fellow. knows. I give it as my deliberate conviction that

crime; and that is the sentiment of the brave citizens and argue that magnanimity requires

the prospect is darkening every day. Sectional pride,
sectional hato, sectional ideas are as rampant here

men who fought us in the South. us to hand the Government over immediately as they were before the war. Is it so at the North? The next section which the gentlenian opto the vanquished but unconverted rebels of

I cannot believe it is so. But I am tolil that the the South.

determination is fixed to let no part of the fruits of

the war pass away till all be fulfilled. This is right. SEC. 4. Neither the United States nor any State He says, and so does the gentleman from Nor do I believe that our people will come to their shall assume or pay any debt or obligation already Ohio, that those States are in tlie Union, and

senses until they realize this fact beyond cavil or incurred, or which may hereafter be incurred, in aid

dispute. The notion is sedulously inculcated here of insurrection or of war against the United States, that their people cannot be disfranchised.

that the Northwest is thoroughly with the President or any claim for compensation for loss of involuntary Mr. BOYER. Will the gentleman allow me and against Congress."

service or labor. to interrupt him?

Mr. Speaker, there is no doubt that such There is not a voter in Pennsylvania that Mr. KELLEY. Yes, sir, very briefly. false notions are sedulously inculcated, and does not approve that proposition. The men Mr. BOYER. I did not propose by any. produce much evil.

of our State do not mean that the people of thing I said to hand this Governinent over to And the absurd notions inculcated here by the United States or future emigrants to the the control of rebels. As I understand it the gentlemen who claim to be the peculiar friends southern States shall be taxed to pay the rebel people of the South, once rebels, are rebels no of the South are misleading the poor, impul. || debts or for slaves set free by war; and I mean longer; and I say that when they are ready sive, passion-ruled people of that section, and that they shall see what the provisions are that to submit to the laws, as I believe they are, prompting them to such deeds as were perpe- the gentlemen assail with broad generalities and and send loyal men to represent them in this trated last week at Memphis, encouraging laudations of our modern - Moses. By the Hall, they have a right to be here and a right them to resist all efforts at conciliation and

way, I may as well remark that gentlemen are to be heard in the affairs of the Government. social reconstruction, impelling them to drive mistaken when they suppose that Governor

Mr. KELLEY. I will not reply to the gen: northern men and capital from their respective i Johnson, in his speech to the colored people tleman in my own language, but from the pen neighborhoods, and by threats and deeds of of Nashville, referred to the Moses of sacred

poses is this:


that pro

history. He did not; he referred to the | by appropriate legislation tho provisions of this freedman, whose master was in the rebel ser• Moses" of modern story, whose razors were article.

vice, of treason than I would to convict Lee or " made to sell and not to shave." He should So far as I am individually concerned, I any of the volunteer soldiers of the rebel army not be censured because the enthusiastic hope object to the amendment as a whole, because who were freemen, the masters of their own of the poor freedmen misinterpreted his allu- it does not go far enough and propose to at bodies, the possessors, under God, of their own sion. But to resume. It will not do to avoid once enfranchise every loyal man in the coun- souls, as the poor negroes were not allowed the terms of this amendment. Gentlemen will try. I wish to see its power asserted by the to be. have to confront them face to face,

Government. I want to see traitors in heart Mr. SMITH. Now I will take the other half I shall, Mr. Speaker, vote for this amend- or head, those who would hatch or efiect a minute. I wish to say to the gentleman from ment; not because I approve it. Could I have treason, made to understand that the Consti- | Pennsylvania, [Mr. KELLEY,] in support of his controlled the report of the committee of fif- tution of the United States is the supreme law own position, that I have been myself—if I may teen, it would have proposed to give the right of the land ; that treason is a crime which be pardoned for using that expression at this of suffrage to every loyal man in the country. must be made odious; that traitors must be time-the recipient of the kindest and strongest I do not believe, with my colleague, that our punished; and that it is the purpose of the and most loyal admonitions of that dark-comGovernment rests on the complexion of its governing people of the North,

plexioned race of which the gentleman has just people, or the color of their hair. I believe | scriptive body of men known as the great been speaking. I have known an instance in that a patriot is a better citizen than a traitor.

Union party,

to maintain these propositions which my own regiment and myself, and, as I He talks of a proposition to enfranchise mil- beyond all cavil or dispute.").

believed at the time, the interest of the front" lions of negroes and disfranchise millions of Mr. SMITH. Will the gentleman allow me to which I was ordered, were protected and white men. He does not use the language to ask him a question ?

saved by a man born in slavery, a man as dark which his constituents will use, which is, that Mr. KELLEY. A short one.

as Egyptian blackness itself. the friends of impartial suffrage propose to dis- Mr. SMITH. I would ask the gentleman Mr. KELLEY. I wish to ask the gentleman franchise traitors and to enfranchise patriots. if he is in favor of disfranchising all the col- whether a white traitor is better entitled to vote They propose to punish treason and reward ored men who went into the rebel army. for Congress and President than that darkloyalty; and I know the people of Pennsylvania Mr. KELLEY. I am in favor of disfran- skinned patriot. well enough to know how they will respond to chising every traitor in the land, whether he [Here the hammer fell.] that proposition.

be white or black. But I do not believe the Mr. SCHENCK obtained the floor. Mr. BOYER. I desire to ask my colleague | gentleman from Kentucky [Mr. Smith] can Mr. SMITH. Mr. Speaker, I would like to what sort of a government he would call that find a black voluntary traitor. Millions of finish my speech. in which nine tenths of the adult male popula- || colored people were property when the war The SPEAKER. Does the gentleman from tion are not allowed to vote-whether that is begun; they were owned ; they were dragged | Ohio [Mr. SCHENCK] yield to the gentleman the kind of republican government which he or driven like cattle to where their owners from Kentucky, [Mr. Smith?] has been telling us the Constitution guaranties would have them go; and if that was to the Mr. SCIENCK. For how long? to every State?

battle-field, being there they defended their Mr. SMITH. I only want a minute. Mr. KELLEY, Sir, if nine tenths of the lives. They were not allowed to assume re- Mr. SCHENCK. Very well. people of a State commit felony, and are con- sponsibility when they were owned. There. Mr. SMITH. I wish to say to the gentlevicted of it, they are deprived of the right to fore do not adduce the fact that the master man from Pennsylvania and to the House and vote; and armed and warring treason involves dragged his hound, his horse, or his slave into to the country, that because of the action of all crimes. While, therefore, bloody-handed the field as evidence against the poor chattel. that black man to whom I have referred, I traitors, though numbering nine tenths of the Prove the treason, make it evident in any way secured to him his freedom by transporting people, are disfranchised by law, let the loyal that he was a volunteer in the cause of the || him, under the authority of the Government, people carry on the republican government of rebellion, then punish him as though he had | beyond the section of country where men were the State. been General Robert E. Lee.

held as slaves; and for this he gave me his Mr. BOYER. One more question.

Mr. SMITH. I happened to have seen my- thanks, which I appreciate. No man to-day Mr. KELLEY. No, sir; no further inter- self in the field colored men who were volun- is more willing and more determined to interruption. My colleague believes that in South teers in the rebel service; who were captured est himself in giving to these people full and Carolina four sevenths of the people, every with arms in their hands'; and who confessed | complete protection than I am. I yield nothsoul of whom were loyal, should be disfran- that they had gone into the rebel service of their ing to the gentleman from Pennsylvania, (Mr. chised, and three sevenths, every soul of whom own accord. I have seen in the city of Wash- KELLEY,] I yield nothing to that class of men, were disloyal, should govern the whole seven ington, since I have had the honor of being a in a readiness to acknowledge and reward the hundred thousand people of the State. That member of Congress, black men whose whole services of men, black as well as white, who is not republicanism. That is not democratic | sympathies were with the South, and I must have been faithful to this Government. republicanism. That is not the sort of repub- say, in opposition to the gentleman from Penn- Mr. SCHENCK. I believe I must resume licanism to which the interests and destiny of sylvania, (Mr. KELLEY,] that I do not feel like the floor. The gentleman asked me for one this country can be safely consided.

hanging these men of dark complexion who minute and I have given him two. Mr. BOYER. My colleague is very apt to have voluntarily gone into the rebel army as Mr. Speaker, I have no prepared speech upon interrupt other gentlemen ; and I trust he will privates. I wish to forgive them. Yet these this very grave subject which we have now have the courtesy to permit me, in this connec- men, as black as the ace of spades, went into the under discussion; and it is very possible that tion, to ask him one other question; and that rebel army of their own accord to fight against I shall not occupy nearly the whole of the thirty is, whether he would disfranchise nine tenths the Government and against you, and yet you

minutes allowed me by the rule which has been of the adult male population of a State be- would not hang one of them, while you would adopted. Still, I desire that whatever I may cause of their treason after they have repented | hang the white men who volunteered as they say upon the single point to which I propose of that treason, have become loyal citizens, did to go into the rebel army.

to confine myself may be said without interand returned to their obedience to the Consti- Mr. KELLEY. Do you think they ought ruption; and I hope gentlemen will take this tution and the laws? I ask him whether he to vote because they fought for the rebellion, as a notice to permit me to proceed in my own would, for the sake of punishing them still as you would have these others? [Laughter.] way to develop whatever idea I may have, if I further, establish oligarchies in these States, Mr. SMITH. Now the laugh comes from have a clear one upon the subject at all. by excluding the great mass of their citizens the other side. [Renewed laughter.] That I shall not speak of this proposed constitufrom the ballot-box.

is pretty good. Now, I do not object to letting tional amendment at large. I should not have Mr. KELLEY. Sir, if Probst, who recently the black rebel vote if he was a voter before spoken with reference to it at all, at least at murdered eight members of one family in my the rebellion. But the State of Alabama from this time, but for the point which has been city, repented ever so much, I should still say, whence these men came

made in reference to a single one of its proenforce the law against him; if you find his Mr. KELLEY. The gentleman has got visions. Objection is specially made to the mental and moral nature so low that you ought through his question, I suppose.

third section, as it stands in the report of the not to execute him, because you do not believe Mr. SMITH. A moment.

committee. That section, as proposed to be him to be responsible, keep him in the peni- Mr. KELLEY. How much time have I incorporated into the organic law of the Unitentiary for the residue of his life, but never left, Mr. Speaker?

ted States, is in these words: turn him loose on society. Protect society The SPEAKER. The gentleman from Penn- Until the 4th day of July, in the year 1870, all peragainst him, however penitent he may profess sylvania [Mr. KELLEY] has two minutes of his

sons who voluntarily adhered to the lateinsurrection, to be. He only killed cight persons-some of time left.

giving it aid and comfort, shall be excluded from the

right to vote for Representatives in Congress and'for these rebels, for whose equal citizenship the Mr. KELLEY. I want to say in those two electors for President and Vice President of the Unigentleman contends, killed their hundreds, and minutes that all that the gentleman from Ken

ted States. all of them struck at the life of the nation. tucky (Mr. SMITH) says may be true. I have I do not say, Mr. Speaker, that this section, This measure does not propose to punish them; known colored men to come in all along our any more than other sections of the amendon the contrary, it is an act of amnesty, and lines, bringing their arms, ammunition, and ment, is embodied precisely in the language proposes, after four years, to reinvest them sometimes horses with them, saying they had which I would have used, or indicates precisely with all their rights, which they do not possess | pretended to volunteer in the rebel service, in the change in the Constitution which I would at this time because of their crime.

order that they might get to the front and run have preferred, had the choice rested solely The only other section of this much abused over to the land of freedom. I have no doubt

with me.

But I am bound, like all other genproposition is as follows:

there were thousands of such cases, and I should, tlemen, to submit my peculiar opinions in refSko. 5. The Congress shall have power to enforce therefore, require more proof to convict a erence to this amendment, and every point and If you say

do so.

proposition which it contains, to what may here on the floor of Congress and spent their Fully believing this, I aver that there is nothseem to be the common sense of this House winter in obstructing legislation intended for ing that should be regarded as penalty or pun. and of Congress, so that we may together arrive the purpose of aiding the executive and war- ishment in this third section of the proposed at what may seem to be nearest right, and yet making power in putting down the rebellion, amendment. It takes nothing away from the capable of being agreed upon by all of us, or and whenever the spring opened and they were people of those States. It does not disfranby a proper majority. I shall therefore raise | ready for another campaign, might have taken chise, but refuses to enfranchise. now no question of criticism, nor insist upon the field in order by force of arms to attempt that the people of these States, because of their the language which I would have used, or the the destruction of the Government for which having been engaged in the rebellion, shall not form which I would have preferred in present- they legislated! Monstrous absurdity! vote for Federal officers, there is nothing taken ing a similar or equivalent proposition.

I will not stop, however, to ask when the from them, because they have already divestei The objection which has been made by the time came, at what date the States were en- themselves of that privilege, voluntarily abati. gentleman from Maine [Mr. BLAINE) to that tirely and thoroughly and completely restored doned, given it up, flung it away by breaking particular feature of this amendment, is, as I to that equal relation, because I do not believe loose from the rest of the Union, as far as by understand him, this, that it seems to conflict | they had any such equal, complete, normal their act, disposition, and power they could with previous legislation of Congress which relation as they once enjoyed while they were authorized the President to grant pardon or States in full communion with the rest of the These States, then, are not in the condition amnesty to those who had been engaged in the Union. If I believed it, if I admitted that | in which Ohio and Pennsylvania are. If we insurrection, and that now, after pardon or theory as to the present condition of the States, || should pass a statute, or undertake to amend amnesty, proclaimed either to individuals or then it would follow with me necessarily that our Constitution so as to make a discrimination classes, it seems an act of bad faith to punish || I should regard these people as having the between the States of Ohio and Pennsylvania further and again by denying the right of the right to vote for electors of President and Vice and the other States of the Union, saying tbat elective franchise to any of these men who have President and for members of Congress, and certain persons in those loyal States shall not been aiding and abetting the rebellion. I state if they possessed this right, then to take away | enjoy and exercise the elective franchise, either the objection, I think, in the broadest and full- from them, either by statute law or organic through entire time hereafter or through a proest extent to which it seems to go, and with all || law, the due exercise of it, would be imposing bationary term, a limited period, we do 3 wrong the force with which it seems to have struck the on them a penalty and punishment in addition to those States; because Ohio and Pennsylvamind of my friend from Maine, [Mr. Blaine.] to anything else they may have before been nia and the citizens of those States have not At first it does seem to be a startling proposi- || deprived of.

already disfranchised themselves and wickedly tion. On the surface it would appear as if there Rejecting this presidential theory, as it may and madly thrust their privileges and rights was some bad faith in granting amnesty, in be termed, I come then to the congressional away. pardoning, and yet, as it were, still pursuing theory on this subject. I will not stop to go But the rebel States are in an entirely differthese insurgents and depriving them of certain into the inquiry whether these States have ever ent condition. They have divested themselves, privileges as additional punishment. If I un- been out of the Union or not.

by breaking up the normal relations existing derstood this to be punishment, if I understood I do not believe they ever have. I do not between them and the other States, of the priv. it to be a penalty imposed on them, depriving | subscribe to the doctrine of their having been ilege, and their people at this time have no them of rights which they now enjoy, I would | reduced to the condition of Territories in the right to vote for President or members of Conagree to the proposition made by the gentle- || sense in which many understand it. I believe gress; and if they can only be restored as States, man from Maine, and say that there is an in- we had the right to subdue them, and subject as reorganized communities, as a people, by consistency between the former action of Con- | them to obedience precisely upon the same prin. our action, to the enjoyment of those rights, gress and the executive clemency exercised in ciple on which a father punishes his own child then the very fact that we have the power by carrying out the authority given by Congress, // when he has misbehaved. He thrashes his statute-law or amendment to the Constitution and that which is now proposed in the shape of wicked and graceless son because he is his thus to restore them, involves the further propamendment to your Constitution.

son, and not the child of a stranger. I be- osition that their restoration must be upon such But, sir, I do not regard it in that light, and lieve we have a like right to inflict punishment conditions and such terms as we shall prescribe. it is for the purpose of showing wherein it on these rebellious States. In the domestic I might liken this to the institution of propstruck me differently that I propose for a few circle we shut the erring child up in a dark | erty. I cannot, by statute-law or by any alterminutes to occupy the attention of the House. closet, or put him pouting in a corner, and ation of the organic law of the land, divest a

Sir, the people of this country and those | keep him in disgrace away from the table, sur- man of property which he actually owns withcontrolling the interests of the country now in rounded by the rest of the inmates of the fam- out doing him a wrong. If he has violated law oflicial capacity are struggling between two || ily, until he has completely, and to our satis- and subjected himself to punishment, what he ideas, more or less clearly defined on either | faction, shown by penitence and a manifesta- has may be reached by fine or confiscation. side, and influencing the action of those who tion of a proper disposition that he means to But suppose him to have no property, and espouse them. There is, on one hand, what is | deport himself better in the future ; and no the case is very different. When we are mak. called the President's theory for reconstruc- such sinning child has a right to complain of ing laws, giving the original authority upon tion of the States, and on the other what may the discipline which keeps him in a place where which property is to be obtained and held, be termed the congressional theory. As I un- he has by bad conduct put himself until he || surely it may be stipulated that such and such derstand the idea of the President of the United returns to good behavior.

terms are to be complied with or such and such States, although his policy” and his practice But to the congressional theory. I under- duties performed as the conditions on which I must say on this very subject have been by no stand it to be this: that these rebellious States the privilege of acquiring that property shall means consistent-it is this, that the States have of themselves, as far as they have the exist. which have been in rebellion are now as much power to do so, broken away from their nor- I would not take away from any one the as any States of this Union, in full, complete, mal and proper relations to the rest of the elective franchise which he now enjoys. If I and equal relation to all the other States; thai States; that when they thus broke away, though did, then would I be acting in bad faith, as the their rights are in all respects the same; that they did not release themselves from their ob. gentleman from Maine apprehends. I simply among these rights is included the privilege of ligations, they forfeited certain rights, and say to rebels, your pardon or amnesty only unquestioned representation here in the coun- among others, after refusing to be represented related to the crime you had committed, and cils of the nation, and that to shut them out here, disclaiming their allegiance and denying so far as that crine tainted your character or from the enjoyment of this is to do them, there- their connection through representation with affected your future you are purged of it by fore, absolute wrong.

the rest of the States, they forfeited that right that pardon or amnesty. But as to anything Now, sir, I will not stop to inquire when that of representation and cannot regain it until it which you have already divested yourself of, right attached. I will not stop to inquire | is properly and by law restored.

which you do not now own or enjoy, and which whether the argument which would prove that And I understand, further, the theory to be you wish hereafter to acquire; or, having had proposition would not equally well prove that that they can be properly restored only by law, it once and lost it, desire to have restored to all through the rebellion, inasmuch as seces. and that until a law is enacted by which any you, I will impose such conditions by statute sion was a void act, these States and their State that has thus flung itself out of its proper or organic law as will determine on what prin: people were fully and completely possessed of relations to the Union is permitted to come ciples, in what way, and at what time you shall all rights in the Union, and therefore entitled back and stand upon a footing with other States to representation as now. I do not see where and enjoy its representation here, such right But, sir, somewhat to my surprise, because, the argument is to stop. If the proposition be of representation cannot be regained by that I


it does not appear to him as it true, then at any time during the progress of State.

does to me, but a consistent part of the course the rebellion Virginia might have elected Rob- Now, if this be the true theory, as I think it of legislation in which we are endeavoring here ert E. Lee a Senator to represent that State || is, then I have no difficulty on account of the to engage, my honored colleague [Mr. Garand her sovereignty at the other end of the objection made by the gentleman from Maine, FIELD] proposes to get rid of this entire sec. Capitol, or any of those men who were serving || [Mr. Blaine,) because if those States have tion, and to instruct the committee, in case the under him as chiefs of division and brigade to Hung away their right of representation, if they | amendment be recommitted, to erase it altorepresent districts here upon this floor; and have forfeited by their misbehavior their right gether. And be assigns one or two other obto have excluded them would have been to to claim their old, normal, formerly existing jections to it, upon which I will for a moment take away the right of Virginia and of the relation to the rest of the States, it is to be a comment. people of Virginia to be represented in either work of subsequent enactment when and upon He says that he would be willing to have a branch of Congress. And Robert E. Lee and | what conditions such rights and relations shall proposition of this nature embodied in the other such arch-traitors could have appeared Il be restored to them.

constitutional amendment if, instead of dis

get it back.




franchising these insurgents until 1870, it dis- more precise and guarded expression, may be ernment, to secure the peace and happiness of franchises them perpetually.

evaded ; that as the Constitution gives the the people, the unity of the States, and the Well, sir, I will not stop to inquire whether States the power “to appoint these electors supremacy of the Constitution. If you ask my that would be going beyond the expectations. in such manner as their Legislatures may consent to the pardon of the leaders of this of the people and beyond our duty or not. I direct," these States may, like South Carolina, || rebellion, I say - No." But there are men should not, probably, quarrel with my col- give that power to their Legislatures, or even upon this floor who say, “Confiscate their league if he could add ten, fifteen, or twenty confer it upon their Governors. Now, all I || property and let them go." I say "No." In years, or even a longer period to the term of have to say in reply is this: I am not troubled the Thirty-Eighth Congress I voted for the probation. But I deny the principle on which | by the word "appoint." If the Legislatures | confiscation of the property of the leading he sets out that there is anything inconsistent are called upon to appoint electors, they must rebels, and I made a speech in advocacy of that or wrong in making it an exclusion for a term in appointing vote for them ; voting is involved | position. I stand by that doctrine to-day. of years instead of exclusion altogether. If in the manner of selection. And no member But where are the men who advocated the there be anything in that argument, you ought of any State Legislature can be permitted to doctrine then, and said, “Not only confiscate not to send a man to an insane asylum for one, cast his vote for presidential electors, if this their property, but hang them all?! Those two, or three years, at the end of which period | amendment be made to the Constitution, if he men now say, "Pardon them all, and restore you may reasonably expect his intellect to be himself has voluntarily adhered to the cause them in 1870 to all the rights and privileges of restored; you ought either to let him roam at of the rebellion. There is nothing to be appre- citizenship.” They do not even propose to large altogether or send him off as a lunatic for hended from the possibility that disloyal voters

wait until 1870. They say, Confiscate their life. Or, in the case of crime, you must either may choose loyal legislators. If they do, we property and let them go." They would apply not sentence a man to the penitentiary at all, must trust and accept such choice.

this doctrine to men who are guilty of rebellion or else incarcerate him for the term of his nat- But they may give the power to their Gov- || against the Government, of treason against the ural life. Or, to compare it to another thing, ernors. Very well; if the Legislature shall by Constitution, and war upon all our institutions. which perhaps better illustrates the principle || law direct the Governor to be their agent in | They say of such as Clement C. Clay, “Let involved, when a foreigner arrives upon our the appointment of electors, then you reduce them depart in peace. They would say of shores we should not say to him, “ At the end the matter to the test of still easier proof. | Jeff. Davis, " Confiscate his property and let of five years, when you have familiarized your- That Governor cannot appoint, cannot choose, || him return to his home.”' All this may suit self with our institutions, and become attached cannot vote for for those words “vote," you; it does not suit me. You are radical; to them, we will allow you to become a citizen, * choose," and "appoint" are used indis- || I am conservative. You say “ Hang everyand admit you to all the franchises we enjoy,' criminately in many parts of the Constitution || body,'' but you will not hang anybody. You but we should require that he be naturalized -unless he comes within the provision's of say Prosecute everybody,'' but you will not the moment he touches our soil, or else ex- this section if it shall be adopted. I will not prosecute anybody. You say "Éxecute the cluded from the rights of citizenship forever. say that this proposition might not be em- laws,'' but you do not do it. Not long since Sir, I do not see that there is any principle bodied in some better form of words

the question was asked upon this floor whether involved in it. It is a mere question of expe- [Here the hammer fell.]

you would execute these men through the indiency.

Mr. SMITH obtained the floor.

strumentality of the President. The answer It has also been objected that it is excep

was “No;' and the reason of that answer tionable to incorporate into the Constitution

was that it was feared that the President any condition depending on lapse of time or a

Mr. WHALEY. I ask unanimous consent would receive a little too much credit for term of years-a period within or beyond which to present the remonstrance of pilots on the

his action in seeing that the laws were exsomething is to be allowed or denied; and this Mississippi and Ohio rivers against the passage ecuted. I say let these men be tried ; if is said to be, therefore, altogether a novel and

of House bill No. 447. unprecedented proposition. Sir, I deny even

Mr. WASHBURNE, of Illinois. I object; |! whether the President will pardon them when

guilty, let them be convicted ; and then see that. Any gentleman familiar with the Conlet it come in under the rule.

thus convicted. Sir, this will never be done stitution will recall the provision that the slave ENROLLED JOINT RESOLUTION SIGNED. if we trust to these men who are all the time trade, existing at the time of its adoption,

Mr. TROWBRIDGE, from the Committee || urging their radical schemes, who have forgotshould be permitted to run on for twenty years, on Enrolled Bills, reported that the committee

ten the interests of the country, who seek not but might be forbidden at the end of that had examined and found truly enrolled a joint

the salvation of the Union, but the salvation time. resolution to provide for the exemption of

of party, and the interest of their particular ilk. There is no principle violated, nothing which crude petroleum from internal tax and duty,

T'he gentleman from Ohio [Mr. SCHENCK] should prevent us from making the exclusion and for other purposes; which was thereupon

said a few minutes ago that he would not admit for two, three, four, ten, or twenty years, or dur- | signed by the Speaker.

that these States were out of the Union; that ing the natural lives of these insurgents, who

they had been in the Union and were parts of seek to be admitted again to the exercise of the


the body-politic. Well, if that is the fact, how elective franchise.

Mr. SMITH. I have always felt that when and under what circumstances are they to be Mr. Speaker, my own decided conviction is, a crime has been committed, an absolute vio- gotten out? How are they to be destroyed? that so far from going beyond the popular judg. || lation of law, upon a proper arraignment and The gentleman, in speaking of this subject, ment and demand there is no part of all this trial and conviction of the party, justice and adopted a simile, and said that when a child amendment that will more commend itself to right and law compel the execution of the has offended the father whips him, and thus by the sense of justice and propriety of the peo- sentence. I entertain that opinion now and correction brings him back to obedience to ple of this country than this very third section. shall continue to express it. I therefore dis- the law. Now, I submit the question whether Everywhere throughout the land, in all loyal | agree with the gentleman who has just pre- there was ever on the face of the earth a father minds and hearts, the conviction has settled ceded me, (Mr. Schenck,) and the committee who, though he chastised his child because of and grown strong and taken deep and fast hold upon reconstruction who have reported this disobedience, refused that child, even after the that those who sought to destroy the Govern- joint resolution, that those who have been chastisement, bread and clothing and a place ment ought not to be called upon so shortly what are usually denominated “red-handed in his house. The father whips the child from afterward to undertake to rule and carry on traitors,” who have attempted to destroy this | love, remembering all the time that he is “bone that Government.

Government and those who have defended it, of bis bone, flesh of his flesh.” He chastises I do not believe there is any other portion | should be forgiven at this time or even in 1870. him because he loves him. of this whole proposed amendment to which I know there is a feeling prevalent in this House Now, sir, the honorable gentleman from Ohio so general an assent will be given by the peo- and in the country that we must submit to this || [Mr. SchENCK] has chastised these men. He ple of this country, the loyal and true people proposition because there is a sentiment of rec- was a general in the Army, and he helped to throughout the whole broad extent of our land. onciliation in the words and manner in which chastise them. He did it because he loved They are full ready to declare that those who it is gotten up and proposed. But, for one, I | them, because they were a part of the family. have proved false traitors and have raised their must dissent, and my name 'nust go upon the

when he has whipped them into obeparricidal hands against the life of the country, record in opposition to those men who have dience, and they ask to resume their place in who have attempted to strike down our Gov- heretofore claimed a higher position for pun- the family circle, under the shelter of the great ernment and destroy its institutions, should be ishing those who have attempted to destroy || household of the nation, he says, the very last to be trusted to take any share in this Government. I am surprised, and I must cannot come in." This is unnatural. It is in preserving, conducting, and carrying on that express my surprise, that men who have stood violation of every principle that should govern Governmentand maintaining those institutions. by the Government, who have voted men and the action of the father toward an erring or And believing this, I have been all the more money to sustain it, who have seen their coun: rebellious child. It is in violation of those astonished that special attack should have been try overrun, who have seen their armies de- great principles of affection which God has made on this particular section.

feated, who have seen their brothers slain, who || implanted in the human breast, and the disreA gentleman sitting near me suggested, a have seen large battle-fields rendered gory, | gard of which stamps a man as unworthy the moment ago, another objection to this section; should at this time come forward and say that name of man. one, however, rather to the form and phrase- in 1870 the doors should be opened to these Now, sir, these States are in the Union. ology than to the substance. Rebels are to be rebels and that there should be a general am- There is, so far as I know, only one man in "excluded from the right to vote for Represent- nesty. You are radical; I am not. You are for this House who says that they are not; and he atives in Congress and for electors for Presi- l general amnesty with universal suffrage; I am is the member from the Lancaster district of dent and Vice President of the United States." not. I stand here as a Union man, and as a Pennsylvania, (Mr. STEVENS. ] I designate He says this latter condition, without some conservative man; desirous to restore the Gov. him simply by the appellation of "member."

But now,

No, you But the distinguished men upon this floor the constitutional prerogative of every State, Now, Mr. Speaker, I want it distinctly underon that side say these States are in the Union; taxation with representation. It is impossible. stood that the friends of the black man, and I and I must call to my support again a dis; It is the fundamental law.

use the words with emphasis, are those who tinguished gentleman, a personal friend, one I But you say that you are the judges of the .know them, who have been associated with like, one I may appeal to, but who will not say qualification of Representatives in Congress, them and familiar with all their characteris anything to me just now—the gentleman from and the Senate are the judges in regard to the ties. They are the men who have defended Ohio who sits across there; I mean Mr. Bing- qualification of Senators ; and so we can decide them in the past, and will defend them in the HAM.

that question. I venture to say that the gen- future. Mr. THAYER. I rise to a point of order. tleman from Pennsylvania [Mr. STEVENS) and Now, the “spewed' gentleman from Penn. It is out of order to mention hy name any mem- all that class of men will vote sooner, especially sylvania talks about hanging rebels, and hang. ber present. I would not make this point upon after the year 1870, to admit these traitors into | ing all sorts of men. I remember, as he must a new member, but I think I can fairly make their seats than I will; and I dare you to try too, the time when he saw, walking through the it upon the gentleman from Kentucky as the || it. You do not hate the red-handed traitors streets of Washington, a whole company of practice has become of late a very common one. worse than I do, and you dare not go with me black men, dressed in grey, who were prison

The SPEAKER. The rule is imperative on a jury to try them. You would blanch, you ers of war. Would you hang them, sir? that members must not be referred to except would pale, you would sicken, you would crouch, Mr. KELLEY. I never saw them. as from the States which they represent. you would forgive before I would, and save these Mr. SMITH. Then you were blind. [Laugh

Jir. SMITH. I only used the gentleman's men from execution who have attempted to ter.] Your deeds were dark, and you could pane in parenthesis. [Laughter.] Now, sir, | destroy this Government, and you say it by not see what was going on. [Great laughter.] I have heard the gentleman who called me to your very conduct and by the proposition you I tell you I saw them, and they were there. I order as well as other gentlemen upon this floor make to-day. If you want representation by vot- would not hang those men. I would not pros. mention the names of members in parenthesis. ing, say so, and let us have a plain proposition. ecute them. I would not interfere with them. I would like to know, then, by what authority he Now, I know it is hard to make a speech in I would give them a general amnesty, and I has called me to order. You will find in the the Congress of the United States without refer- would extend it to the great masses of the printed speeches the names of members printed ring to the negro, and I thought I would get people of the South. in parenthesis.

through a thirty minutes' speech without doing You will have to live with those people; Mr. THAYER. The names are interpolated | it. But my friend from Pennsylvania [Mr. || they are a part of the Government; their States by the reporters. The gentleman cannot men- KELLEY] could not help talk about the darkey; are States of the Union; they are under the tion any instance in which I have called the and my friend over here talks about him, and Constitution ; they are subject to your laws, name of any member upon this floor. I con- my friend over there talks about him, and my and they obey every precept that you lay down sider it unparlamentary. I hope in future we friends all around the House bring him in. for them. And, sir, one remarkable thing is will not have any more of it.

Gentlemen, open your pocket, open your hand, this: that if a rebel obeys the law, you want Mr. SMITH. I do not want the gentleman open your heart, and let us see whether Union to hang him because he does obey it, you to take up all of my time. I wish to say I have men from the southern States, and wherever believe the law must be wrong because he precedents. Every gentleman who has any they are found, will not do inore than you will. assents to it! But, if he violates the law, you reputation in this country, and who has spoken I happen to know some of you who have want, also, to hang him! What is the poor upon this floor, has again and again called been called upon for contributions to feed the man to do? If he obey the law he is hung, inembers by name when it was necessary to do hungry and clothe the naked, and you did not and if he does not obey it he is hung: so. There is the gentleman from Illinois, I respond. (Laughter.] And I know there were Now, Mr. Speaker, there is one other thing will not mention his name, and many others, others that did. And yet you get up with your I wish to say. There are two parties in this have called members by name ten, fifteen, and loud-mouth declamation and send your speeches | country who are against this Government, and thirty times.

over the country advocating the cause of the are attempting to overthrow and destroy itMr. WASHBURNE, of Illinois. If the gen

poor black

man, while the poor black man, with the one is an extreme party on the one side, tleman refers to me I will say that he never his face turned to heaven, says, “Lord, de- and the other is an extreme party on the other beard me call a member by name.

liver me from such friends.". [Laughter.] And | side. Mr. SMITH. There are other gentlemen He will do it, too. [Laughter.] We under- Mr. PERHAM. To which party does our on the floor from Illinois.

stand it, and we know that if the negro is to friend belong? The SPEAKER. To calla member by name depend on you for liis bread and liis clothing, Mr. SMITH. If you will keep quiet a in the British Parliament is considered the || (now, I am not speaking of the Union party, moment I will tell you. highest censure.

but of their leaders in Congress ;-the men who I remember very well a beautiful allegory in Mr. SMITH. Mr. Speaker, I want to have clamor so much about the negro,) you are the the Bible, which I have referred to before on one thing settled right here. I find every time last men on the face of God's earth that will another occasion and in a different place. It within the last four or five weeks that I have | help him. Because, no matter whether a man was when, under the administration of that risen to address the House I have been inter- is worth $250,000 and owns a rolling-mill, or great and wisest of men, a long time in the past, rupted by questions of order. I am a man of $150,000 and' is engaged in petroleum opera- || Solomon, a harlot stole the child of a kind and good humor, and you cannot make me mad. I tions, or is worth $500,000 and is engaged in affectionate mother and claimed it as her own, do not mean to do any wrong to anybody, but cotton speculations, whenever a poor darkey or kept it to secure a large bounty for its return. I do mean to speak the truth. If it offends any. comes along you cannot do a thing ; but if The claim of the legitimate mother to the child body, why then let them call me to order. I there is an appropriation of $25,000 from had no effect upon the harlot. Distressed, heartmean to say that none of these States are out the Government of the United States coming | broken, and troubled beyond endurance almost, of the Union, and that they never have been through the Committee for the District of Co- the mother appealed to Solomon for redress out of the Union.

lumbia, then the darkey gets it. It is put into and the return of her child. He ordered both Mr. THAYER. I do not want to interrupt | the hands of the managers of the Freedmen's women and the child before him, and after the gentleman.

Bureau, and that institution goes along swim- || hearing both he directed the child to be cut in Mr. SMITH. I do not yield to the gentle- || mingly and all is well with the negro.

There twain and the one half to be given to the harThe gentleman with his point of order are two extremes.

lot and the other half to the woman the true has diverted me from the course of my argu- Mr. KELLEY. Will the gentleman yield || mother. “Well," said the harlot, “ I agree; I I am willing to stand on the principles for a question ?

am satisfied ; let the child be divided." * No, I have avowed. There is the gentleman from Mr. SMITH. I cannot.

said the mother, "that is my child; I have Ohio,I will not call him by name, but the Mr. KELLEY. Just a question.

petted it on my knee, I have nursed it at iny House will see whom I mean by looking where Mr. SMITH. Mr. Speaker, how much time bosom; 'tis part of my bone and flesh, and I I am pointing my finger-was allowed to go on have I left?

love it as I do my life; do not kill it, do not making his speech without interruption, but The SPEAKER. Six minutes.

destroy it; let the harlot have it, but save it." how does it happen when I undertake to speak Mr. SMITH. Well, how long do you want Solomon said, "Thou art the mother, take thy in vindication of the great principle of the me to yield?

child." The Government of the United States Union party I am constantly called to order? Mr. KELLEY. Half a minute.

is our mother; harlots North and South have Mr. T'HAYER. Does the gentleman want Mr. SUITI. Very well.

attempted to destroy the child of the Governan answer?

Mr. KELLEY. I ask the gentleman whether ment, the Constitution and the Union. It was Mr. SMITH. You cannot answer me just | he knows the fate of those who are neither hot || proclaimed in the South, “Let the Union now. I must come back. It cannot be denied nor cold.

slide;" it was echoed back from the North, that members on the other side have risen here Mr. SMITH. Yes, sir.

“Let the Union slide." They said, divide the and abused the President, abused his policy

Mr. KELLEY. And whether that is your ion; they attempted it. A long war was of reconstruction and almost everything else | position.

prosecuted for this division, but it failed. The that he has presented to Congress. The gen- Mr. SMITH. Yes, sir, [laughter,] I under- wisdom, energy, and patriotism of the people tleman from Illinois [Mr. INGERSOLL] spoke stand what is the condition of those who are said “No, we will make sacrifices of blood and here on last Saturday for more than two hours “neither hot nor cold." The Bible informs me treasure and the great institution of slavery; in abuse of the President. Now, I want to they are spewed out, and you are about the worst but defend, save, and let live the union of the know why, if they are allowed to speak against " spewed out man I ever saw in my life. States." These harlots cry to-day, the Union him, I shall not be allowed to speak in his [Great laughter.] You take care of yourself is dissolved, it is dissevered and gone; the sacfavor. There is nothing that they can propose and some of your colleagues over there from rifice made, the destruction of slavery, is not that will restore this Union. They cannot deny || Pennsylvania.

enough; let the child be divided. Their fol



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