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ment by charging us here with being nothing | liberty, or property without due process of law, STEVENS] who introduced into the committee but "catamounts.” Such a method of treat- nor deny to any person within its jurisdiction this whole scheme of disunion and despotism, ing these great questions will not settle the the equal protection of the laws. What are that the object of this amendment is to force present difficulties of the country, nor heal the privileges and immunities? Why, sir, all the the southern States to grant to the negro unre. bleeding wounds of the Republic. Such a course rights we have under the laws of the country stricted suffrage? of proceeding will not bring back our country are embraced under the definition of privileges Sir, I want it distinctly understood that the to the enjoyment of the blessings of civil liberty and immunities. The right to vote is a privi- | American people believe that this Government and those great principles of constitutional free- || lege. The right to marry is a privilege. The was made for white men and white women. dom for which our revolutionary fathers fought. | right to contract is a privilege. The right to They do not believe, nor can you make them
Sir, I had hoped that after the investigation be a juror is a privilege. The right to be a believe the edict of God Almighty is stamped we have had upon the different subjects which || judge or President of the United States is a against it-that there is a social equality between have agitated this Congress, the time had come privilege. I hold if that ever becomes a part | the black race and the white. when gentlemen upon both sides of the House of the fundamental law of the land it will pre- I have no fault to find with the colored race. would turn their hearts from bloody strife to a vent any State from refusing to allow anything || I have not the slightest antipathy to them. I contemplation of the blessings of peace and to anybody embraced under this term of privi- wish them well, and if I were in a State where union in this land.
leges and immunities. If a negro is refused || they exist in large numbers I would vote to I do not mean, sir, as is now proposed by the the right to be a juror, that will take away | give them every right enjoyed by the white measure under consideration, to have peace by from him his privileges and immunities as a people except the right of a negro man to marry disunion, but I mean to have peace by restor- citizen of the United States, and the Federal a white woman and the right to vote. But, ing and referring to the instrumentalities by Government will step in and interfere, and the sir, this proposition goes further than any that which the Constitution and the Union were first result will be a contest between the powers of has ever been attempted to be carried into established by our fathers; and I believe, if the Federal Government and the powers of the effect. Why, sir, even in Rhode Island to-day these instrumentalities, which were founded in States. It will result in a revolution worse than there is a property qualification in regard to a spirit of compromise, charity, friendship, that through which we have just passed. It the white man's voting as well as the negro. love, and affection, were employed in this will rock the earth like the throcs of an earth- | And yet Representatives of the eastern, middle, House, the bonds which have been torn asun- quake until its tragedy will summon the inhab- western, and some of the border States come der by four years of bloody war will be again itants of the world to witness its dreadful shock. here and attempt in this indirect way to inflict cemented together.
I believe it will be, if that contest comes be- upon the people of the South negro suffrage. I believe while I am here sustaining the oppo- tween Federal and State powers, a time when God deliver this people from such a wicked, sition to this joint resolution, I am fortified by nature will bleed with agony in every part. odious, pestilent despotism! God save the one who holds the reins of power in the presi- | That, sir, will be an introduction to the time people of the South from the degradation by dential chair, a patriot and statesman, a man when despotism and tyranny will march forth which they would be obliged to go to the polls whose whole ambition is to have back again that undisturbed and unbroken, in silence and in and vote side by side with the negro ! glorious Union, and the old flag with every star darkness, in this land which was once the land Mr. KELLEY. Will the gentleman yield? there emblazoned upon it the emblem of victory of freedom, where the sound of freedom once Mr. ROGERS. I am always willing to yield, and of the unity of all the States, whether North awakened the souls of the sons and daughters || but in a half-hour speech I cannot. or South. He wants all the States, as hereto- of America, when from the mountain-tops to The committee dare not submit the broad fore, to be represented in reference to the legis- || the shore of the ocean they drank in the love proposition to the people of the United States lation of the country: of liberty.
of negro suffrage. They dare not to-day pass While the proposition which has been pro- I assert that the second section of this pro- the negro suffrage bill which passed this House duced here is not so rabid as some of the posed amendment is unparalleled in ferocity. || in the Senate of the United States because, as propositions agreed to be submitted by this It saps the foundation of the rights of the States, I have heard one honorable and leading man committee, yet I say that it is fraught with great || by taking away the representation to which they on the Republican side of the House say, it danger and evil to the country, and the ele- would be entitled under the present Constitu- would sink into oblivion the party that would mentary foundations upon which the liberties tion. When the gentleman from Ohio (Mr. advocate before the American people the equal of this Union have rested for seventy-five years || BINGHAM] brought forward a proposition from right of the negro with the white man to sufare about to be thrown down and trampled in the committee on reconstruction to amend the frage. the dust; and that glorious flag which was car- Constitution of the United States, interfering And I do not believe that the gentlemen who ried in triumph during the last war is about to with the elementary principles of taxation and favor this amendment believe that a single be trampled under foot, and the time has representation, the principles for which our proposition contained in it will ever be adopted arrived when Andrew Johnson and the Demo- fathers fought when they rebelled against the by three fourths of the States. Why do you cratic party have determined to put that flag tyranny of King George and the English Par- not do something practical? We have been upon their shoulders and to plant it upon the liament who undertook to tax the people of the here something like six months. We have dome of the State capitol of South Carolina, colonies without representation, the proposition | labored, toiled, and endeavored to bolster up and to have it waving there as it is over the was defeated in this House upon the ground || the remains of the old Union, and you come in dome of the Capitol of the United States, rep- that it would destroy a fundamental principle, at this late day of the session with a proposi. resenting a union of love and equal represen- that there should be taxation only according to tion which you know-and I put it to the contation. representation.
science of any man on the Democratic or Now, sir, I have examined these proposi- This, sir, is precisely such a proposition as Republican side of the House-will never be tions with some minuteness, and I have come that. It declares that if the southern people adopted by three fourths of the States. to the conclusion different to what some others refuse to allow the negroes to vote, then all Sir, I want some principle embodied in a have come, that the first section of this pro- that portion of the male colored population of constitutional amendment that the southern gramme of disunion is the most dangerous to twenty-one years of age and upward shall be States will accept. I desire to see the Union liberty. It saps the foundation of the Govern- excluded in the basis of representation-shall || restored, the Union of our fathers. I want ment; it destroys the elementary principles | not be counted in ascertaining how many Rep- peace, prosperity, happiness, greatness, grandof the States; it consolidates everything into resentatives the States are entitled to.
eur, and glory such as characterized this naone imperial despotism; it annihilates all the The honorable gentleman from Pennsylva- tion when the Democratic party had control. rights which lie at the foundation of the Union nia [Mr. STEVENS) has the frankness to state I want you to put such a proposition before the of the States, and which have characterized to the House what the object and purpose of people as shall meet their approbation. Do this Government and made it prosperous and the second clause are.
not pretend that you are in favor of the unity great during the long period of its existence. "The effect of this provision will be either to com- of the States when you offer a proposition which This section of the joint resolution is no more pel the States to grant universal suffrago or so to
every reasonable, honorable, conscientious man shear them of their power as to keep them forever nor less than an attempt to embody in the Con
in a hopeless minority in the national Government, must know will never be adopted by the States. stitution of the United States that outrageous both legislativo and executive."
Do you believe the people of the South will and miserable civil rights bill which passed Yes, gentlemen, it is but the negro again close their eyes to the teaching of ages and both Houses of Congress and was vetoed by | appearing in the background. The only ob- wait for shackles and chains to convince them the President of the United States upon the ject of the constitutional amendment is to that their liberties are endangered and allow ground that it was a direct attempt to consoli- drive the people of the South, ay, and even no awakening convulsions to shake their rug. date the power of the States and to take away | the people of the North, wherever there is ged minds until despotism shall eat out their from them the elementary principles which lie much of a negro population, to allow that pop- vitals? at their foundation. It is only an attempt to ulation not qualified but universal suffrage, I am not unmindful of the lessons taught us ingraft upon the Constitution of the United without regard to intelligence or character, to by the despotism of the Old World. I rememStates one of the most dangerous, most wicked, allow them to come to the ballot-box and cast ber Poland and Hungary, and I stand here promost intolerant, and most odious propositionse) their votes equally with the white men. testing against this measure which is more ever introduced into this House or attempted Why do you not meet this question boldly | wicked than the tyranny practiced upon them. to be ingrafted upon the fundamental law of and openly? Why do you undertake to de- I believe under God that Andrew Johnson will the Federal Union.
ceive the people by offering to them an amend. plant the flag of liberty on every hill-top of It provides that no State shall make or enforce ment which you say is based upon a principle | this land until the tidings shall go forth to the any law which shall abridge the privileges or of justice, that only the voting population shall || civilized world that the United States of Amer immunities of citizens of the United States; be represented, when you admit by your leader ica are united in one bright constellation based nor shall any State deprive any person of life, ) in this House, the honorable gentleman [Mr. It upon equal representation.
You come out with another proposition, in Mr. ROGERS. I cannot be interrupted, which shall abridge the privileges or immunities of the third section, to disfranchise a million for I have but thirty minutes.
citizens of the United States; nor shall any State devoters, and I think I can say with safety that a Mr. KELLEY. I have to say
prive auy person of life, liberty, or property, without
due process of law; nor deny to any person within its speech has not been made on the other side Mr. ROGERS. I cannot be interrupted. jurisdiction the equal protection of its laws. wherein something was not said in favor of the The SPEAKER. The gentleman from New enfranchisement of the human race, and yet || Jersey [Mr. Rogers] is entitled to proceed
So far as this section is concerned, there is you come here to-day, in the face of heaven without interruption.
but one clause in it which is not already in the and this Congress, and undertake to enunciate Mr. KELLEY. As the gentleman misrep
Constitution, and it might as well in my opin
ion read, “No State shall deny to any person a doctrine that will, if carried out, disfranchise resents meseven or eight million people, and that will put Mr. ROGERS. I cannot yield.
within its jurisdiction the equal protection of
the laws." But a reaffirmation of a good printhem in a worse condition than the serfs of Mr. KELLEY. And will not yield for an
ciple will do no harm, and I shall not therefore Russia or the downtrodden people of Poland | explanation.
oppose it on account of what I may regard as and Hungary until the year 1870. It is an entire The SPEAKER. Thegentleman from Penn
surplusage. change of front. You have been all the time sylvania [Mr. KELLEY] is not in order and will maintaining the principle of representation take his seat.
"Equal protection of the laws !! can there
be any well-founded objection to this? Is not based upon the voting population, and now, Mr. KELLEY (taking his seat.) I must pro- this the very foundation of a republican governwhen these people have been so unfortunate nounce his statement false.
ment? Is it not the undeniable right of every as to be burdened with a free colored race, in Mr. ROGERS. I say the gentleman must
subject of the Government to receive consequence of the sins of northern fanatics not come here and vilify the people of the and secessionists, you propose to disfranchise South in this way by comparing them with protection of the laws” with every other subseven or eight million who had no original murderers, and by bringing in the argument of "life, liberty, and the pursuit of happiness?'
ject? How can he have and enjoy equal rights participation in the matter. that they are as deserving of reprobation and
without "equal protection of the laws?" This Why, sir, the Scriptures tell me that when punishment as the monster Probst. I say the
is so self-evident and just that no man whose Christ came upon the earth the fallen world masses of the people in the South are not to
soul is not too cramped and dwarfed to hold had been doomed to punishment for the com- blame for this war at all. It was the leaders
the smallest germ of justice can fail to see and mission of sin and had been assigned to eter- of the South, such men as Yancey and others nal damnation. And I am informed by the there, and the fanatical demagogues of the
The second section of the amendments prosame Scriptures that Christ gave His body, His North, some of whom the President has blood, and His soul as a propitiation for the named, (1 of course except those upon this posed is as follows: sins of mankind. Now, I ask you to emulate floor,) who are guilty of this war.
Sec. 2. Representatives shall be apportioned among
the several States which may be included within this the noble example of the Saviour of the world. "Sir, you can never win the affections of any
Union according to their respective numbers, countLet us treat our southern brethren like men, people by treating them in the manner in which ing the whole number of persons in each State, oxlike freemen, like fellow-citizens. And we will
cluding Indians not taxed. But whenever in any State you propose to treat those people by these
the elective franchise shall be denied to any portion have a laurel crown placed upon our brows, measures. The gentleman from Pennsylvania | of its malo citizens pot less than twenty-ouo years of if not here, then in heaven, and we shall re- [Mr. STEVENS) is an honest man; I give him age or in any way abridged, except for participation ceive the plaudit, "Well done, good and faith- credit for that, for I have taken particular
in rebellion or other crime, the basis of representa
tion in such State shall be reduced in the proportion ful servants of the Republic.”
notice and studied his caliber, and I believe which the number of such malo citizens shall bear There is no honor in standing here and he is honest in his opinions.
to the whole number of male citizens not less than abusing the southern people. The revolution Yes, sir, the honorable gentleman (Mr. STE
twenty-one years of age. through which we have just passed was such a VENS) says that these persons can come in after I like this better than the one this House revolution as Abraham Lincoln, when a mem- the 4th of July, 1870. This resolution does | adopted some time since, and which was ber of Congress some years ago, said that the not guaranty any such thing. We must refer defeated in the Senate. That amendment I people had a right to engage in as an effort to to the bill with which the committee accom- declared then, as I do now, that I did not like. throw off a Government they did not like and pany the resolution. That bill provides that It received my vote in common with many to establish another that they preferred. The every State in this Union that is now unrepre- other members of this House, but with hesitapeople of the South attempted to revolutionize | sented must, before being allowed to have Rep- || tion, doubt, and protest. I will not reiterate the Government; they arrayed large armies resentatives here, even though they can take the reasons now; but, sir, I have no sympathy against the United States and failed. And if the test oath, ratify this constitutional amend- with nor approval for the denunciations which we had failed in our revolution against Great ment. Though this constitutional amendment the gentleman from Pennsylvania [Mr. STEBritain I have no doubt there would have been should be ratified by three fourths of the States, VENS) has seen fit to hurl at those Senators found in the Parliament of that country rad- not one of the eleven States now unrepresented who differed with him and defeated the adopicals who would have urged against us what can have representation here unless each State tion of that amendment. I rather admire their the radicals here urge against the people of itself joins in ratifying it. Is that fair? It has || patriotism, their courage, and their sense. the South.
been said by the honorable gentleman from The amendment, however, now under conOur people have shed their blood and spent | Pennsylvania that nineteen States -- three sideration is free from what I considered the their treasure in profusion to preserve this fourths of those that have never passed acts most objectionable features of the other. Union. The bones of our brave soldiers are of secession-are sufficient for the ratification The Constitution now provides for the aprornow bleaching upon the soil of Virginia. I of this constitutional amendment. Why, then, || tionment of Representatives according to the have not yet forgotten that the sacred tomb of do you seek to compel each of the southern "whole number of free persons” and “three Washington, around which our soldiers gath- | States to ratify the amendment and alter its fifths of all other persons. Consequently, ered and renewed their vows to preserve the constitution and laws in conformity thereto, before emancipation, three fifths of the slaves institutions of liberty bequeathed to us by our before you will admit here, on taking the were enumerated, which gave to the slave States fathers, is in the soil of Virginia, one of the usual oath, such honorable and. loyal men as nineteen Representatives in Congress, and as States which a majority of the members of are now presenting themselves as Represent- || many electors of President, based upon a conthis Congress are trying to keep out of this atives from the State of Tennessee and the stituency of slaves alone. But now there are Union. State of Arkansas?
“other persons;' all are free; and when Rebellion or revolution never has been con- Mr. FARNSWORTH. Mr. Speaker, in
the other two fifths are added in the enumerasidered by the civilized world as having that half hour I shall confine myself to the amend- tion they will give the late slave States thirodiousness and moral turpitude that attaches ments of the Constitution now under consider- teen more Representatives and
electoral votes to men for the commission of henious crimes. ation, When the bill reported by the commit- than before, making thirty-two Representatives And when the honorable gentleman from Penn- tee of fifteen comes up for action by this House and electors for the four million emancipated sylvania [Mr. KELLEY] undertakes to charge || I may desire to say something in regard to it. slaves. Now, this amendment says to those the great masses of the South as being mur- I intend to vote for this amendment in the States this: “If the freedmen are so degraded. derers like Probst, he goes counter to the his- form reported, with the exception of the third and ignorant as to be unworthy of enfranchisetory of the world, and against the revolution section. It is not all I could wish; it is ment; if they are not capable of governing which in the end gave Magna Charta to Eng. not all I hope may yet be adopted and rat- themselves, but must be held in subjection to land, and which handed down to this country | ified; for I am not without hope that Congress and governed by their late masters, then they those bulwarks of liberty upon which our Dec- and the people of the several States may yet are not fit to govern the country through the laration of Independence and our Constitu- rise above a mean prejudice and do equal and votes of others."! They shall not by any such tion are founded. I say they are not murder- exact justice to all men, by putting in practice | prestidigitation, be dead at the ballot-box, but ers, they are not thieves, they are not felons; that “self-evident truth” of the Declaration alive here, dumb, without a voice for their they are simply political convicts before the of Independence, that Governments "derive own government, and with thirty-two voices on altar of patriotism. And the patriotic man their just powers from the consent of the gov- this floor, and thirty-two votes for President who now sits in the presidential chair has, in the erned," and giving to every citizen, white or and Vice President. They shall not be used spirit of Christianity and humanity, extended black, who has not forfeited the right by his to swell their rebel masters into giants and to these men pardons, which I say, which the crimes, the ballot. But I do not think it is dwarf the loyal and patriotic men of the free courts say, which tradition says, and which the becoming in a legislator to oppose some good | States into Tom Thumbs! If you deny to any history of the world says, relieve their recipients because the measure is not all he wants. portion of the loyal citizens of your state the of all the effects consequent upon the crime. The first section of the amendment proposed | right to vote for Representatives you shall not Mr. KELLEY. As the gentleman has re- is as follows:
assume to represent them, and, as you have ferred to me personally
Sec. 1. No State shall make or enforce any law
done for so long a time, misrepresent and
This is a step in the right tion gives them in this end, amendments would application for admission as a State, the Condirection; and although I should prefer to see be impossible, for their votes, added to those gress has first to pass the law, and fix the incorporated into the Constitution a guarantee already here, who have been upon their side terms for its admission. of universal suffrage, as we cannot get the throughout the war, will always prevent their The States in rebellion revolted, destrored required two thirds for that, I cordially support || adoption.
their State governments as States of this this proposition as the next best.
What would be the result in such a case ? Union; fought us four years for a separate naThis amendment, too, I fully believe, will in Mr. Speaker, I tremble for my country when i tionality; were vanquished. Now, who shall a reasonably short period bring universal suf- I contemplate the possibility of such a con- determine the conditions upon which Congress frage.
clusion to the bloody struggle we have gone shall receive their Senators and Representa. The fourth section of this amendment, repu- through. Let me enumerate some of the calam- tives again? Who shall say whether they have diating the rebel debt and claims for slaves, ities which will follow:
readopted a republican form of government? will be most heartily adopted and approved by 1. There would be the admission to Con- The President seems to suppose it his preevery loyal man in the nation. Every man or gress, and other places of power, of unrepent- rogative. But the President will yet learn woman who holds a Government bond, or who ant and unwashed murderers and traitors. that he is not the " Government." He dicpays a tax, every crippled soldier or widow of 2. The driving from their borders of every tated to those States conditions, what they a dead soldier, who holds a pension certificate, loyal man and woman who has been faithful to should and should not put into their constituand everybody who hates treason and rebellion, the Government.
tions, and cannot Congress, the representaand prays for the prosperity of the Government, 3. Repeal of the civil rights bill, and grind- tives of the people, the real “ Government," will rejoice at its adoption.
ing to the very depths of misery, compared do the same? The third section excludes all persons who with which slavery would be a boon, the four The whole copperhead fraternity applaud the voluntarily adhered to the rebellion, giving it million freedmen.
President. Rebels South and sympathizers aid and comfort, from the right to vote for 4. Assumption by the General Government with rebellion North glorify Andrew Johnson; members of Congress, and for electors for of the rebel debt, and payment to rebel mas- the devilish company of traitors praise him; President and Vice President until the 4th of ters for their slaves.
the confederates of Booth and Payne praise July, 1870. I cannot regard this section as of 5. They would extend the pension laws to him; the importers of poisoned clothing praise any practical value. I believe it to be dis- embrace the traitors who fought against the him; the glorious company of Jeff. Davis, cult, if not impossible, of fulfillment; and I Government, and would pay the claims of his cabinet, his congress, his generals, with all havé fears that it may greatly embarrass, if rebels for damages by the war.
the enemies of freedom in our own land, glorify not defeat, the adoption of the other sections 6. They would elect for the next President him; and the enemies of liberty and repubshould we pass it through this House.
not Andrew Johnson, as some suppose, but lican institutions throughout the world, all who If the rebels are to be disfranchised at all, Robert E. Lee, who might possibly reward his were on the side of the rebellion and against they should be for a longer period. Again, northern friends by giving places in his Cah- us throughout the war, praise and magnify his some rebels are deserving of a total and lasting inet to Fernando Wood, of New York, and
These, together with a few Judases distranchisement, while others who are em- Vallandigham, of Ohio.
and Esaus, applaud Andrew Johnson. Yet he braced in this provision are not near so crim. Such is the picture. Why, sir, rather than dictated conditions to the rebel States, and inal. But such a provision would be taken to such a consummation, a thousand times rather cannot the law-making power of the Governimply that all shall have the right to vote after that we had never pulled trigger or drawn sword ment do the same? July, 1870. Besides, there is a large class of to maintain the integrity of the Government. Sir, it is high time that traitors and the world men, both in the North and South, equally, Better, a million times better, that we had saved shall know that the same men who preserved yea, and more, guilty than thousands of the the blood its preservation has cost us. Why, the Government from destruction, who made misguided men who will be disfranchised by || sir, the very bones of the uncoffined dead wonld the laws, furnished the means, and did the this provision, who will not be affected by it. turn in their graves at such a result of their fighting necessary for its preservation and deI allude to those politicians and others at the sacrifice. I know, and with shame confess it, || fense, ought to and will reconstruct and do what South who, keeping themselves out of danger, that there are recreants and apostates among is necessary to maintain it. The same who set on the ignorant and brave to fight for what us, not many, I thank God, however, but some dictated terms to rebels in the field ought to they were told by thes rascals were “their there are now in Congress, who have been and will dietate the terms upon which, and rights;" and to other politicians, editors, “cop- | trusted by an honest and confiding constitu- which only, they may be received into fellowperheads,” in the North, some of whom were ency, but who prefer to bask in the sunshine ship and power again. Men to whom the peoand are members of Congress, who encouraged of executive favor, who rather“crook the preg- || ple have intrusted positions of high honor and them and discouraged our soldiers.
nant hinges of the knee where thrift may fol- power may apostatize and betray them for a How is it to be ascertained who "gave aid low fawning,'' and betray their trust; but their little season, but they are sure to be crushed and comfort" to the insurrection? Is it by number is small.
under the wheels of the great car of the people's challenge and oath at the polls, or shall we The tribe of Judas has never been a very wrath. have a registration throughout the United States flourishing one, for those who do not, like Judas, There are some who suppose that men who with oflicers to settle and adjudge that question in remorse hang themselves, very soon wither | have given limbs and health and the best years as to every voter? It seems to me, Mr. Speaker, under the scorching indignation of mankind. of their lives for the salvation of their country, that this provision is worse than useless, and There are not enough of them, I trust, to de- can now be bought for a petty post office; that will very much mar the beneficent effect of the feat what is absolutely demanded by the coun: fathers who have laid their sons upon the altar other most excellent provisions of this amend- try. And the country does demand that we of their country are to be turned aside with ment. Why, sir, the almost universal testimony || ingraft upon the organic law of the nation, the hope of a little temporary, contemptible from the rebel States is that the soldiers who placing them in the custody of the whole peo- patronage. Such persons do not know the fought us in the field accept their situation of ple, beyond the reach of party or faction, or American people, the Union people of the “defeated and vanquished" with a much bet- of sudden passion, to repeal them, these or North. They have sacrificed too much to turn ter grace than the politicians and non-combat- similar and stronger amendments. The preser- back now; their patriotism is made of better ants. They do not want to fight again. They | vation of the Government requires it. The material, of sterner stuff than that. A people, are inspired with a wholesome respect for north- rights and liberties of the loyal poor cannot be in whose every house there is either a returned ern character and for the Government. They | preserved without it. The financial credit of soldier or the vacant chair of one who never have ceased their bragging, and are willing to the Government will be ruined unless it is done. will return, cannot be bought with any such accept the position which the results of the war These things to me seem inevitable.
stuff. And it is strange that men in high places has placed them in.
But those gentlemen upon the other side of do not know these things. Are they both blind Then, with the exception of the third section, the House, whose vocation seems to be to and deaf? Why, sir, a man need not read the I am heartily for the amendment, and if in- oppose every measure which is in the interest papers to find it out. If he will but put his ear .stead of that section we could incorporate a of the Government and of humanity, think it to the ground he may still hear the tramp, tramp, provision into the Constitution which should would be an excellent idea to have the rebels | tramp, of the men who marched with Sherman forever disqualify all the leading rebels froin here, to themselves vote upon and fix the con- to the sea, and with Grant to Richmond and holding any oflice under the United States, ditions of reconstruction. A most happy idea! Vicksburg, still keeping time to the same music, thus making treason odious' and traitors | Having failed to destroy the Government by a and still animated and inspired by the same infamous, the country would hail it with joy. resort to arms, now only once let them in here determination. The very air is vocal with the
But, Mr. Speaker, there are men in this under the old apportionment, which makes a loud demands of the people; while the invisiHouse who are opposed to making any amend- rebel of South Carolina as big as two or three | ble spirits of half a million of the noblest men ments to the Constitution, as they say, “ until | loyal men of Illinois, let them in with the blood | who ever lived, and who sleep the sleep which the revolted States are represented here.” of slain patriots yet dripping from their fingers, | shall know no wakening întil the last great They say that those States are entitled “of | and the doubly damning crime of starving pris. | roll-call is sounded, beseech us that we do not right to have their Senators «ud Representa- oners still blackening their souls, and then talk let their sacrifice be in vain. tives in this Capitol. They say that it is wrong about amending the Constitution.
Mr. Speaker, I now yield the remainder of to enact any legislation affecting those States Sir, the Constitution makes Congress the my time to the gentleman from Massachusetts, without first consulting them.” This is the judge of the election and qualification of its | [Mr. Dawes.) pretense. The real fact is they know very well own members. The Constitution also declares Mr. DAWES. Mr. Speaker, I do not intend that if each of those States had its two Sena- that “the Government" (not the President) to discuss the merits of this measure, for I give tors in the other end of the Capitol, and the “shall guaranty to each State a republican form it, with the exception of the third section, my members which the present basis of representa. ll of government.” When a Territory makes || hearty support. “I shall vote for the amendment if I cannot get the section excluded. But bunal; upon that question there is no occa- subject. All that we can now do is to acquiesce in I prefer not to stake the infinite good of the sion to remark. I have only to say that as
the decision that has been made, and to set ourselves
to work immediately for the passage of a law which remainder upon the uncertainty of ever incor- yet no such tribunal hij been provided. On
will prevent any trouble or dificulty of this kind in porating the third section in the Constitution. the occasion alluded to by my colleague it future. I reccived a letter but a few days ago from I desire now to call the attention of the House was the opinion of learned men both in the a gentleman eminent for his wisdom and ability, who again to the question which I raised yesterday, House and in the Senate that the country
states therein that the late Chancellor Kent, of New
York, had told him that here was clearly a chesus and to which my colleague [Mr. BANKS] bas barely escaped a revolution. They did not omistus: that there was no power, cither in the House referred in the remarks which he made a short decide, as I understood my colleague to say, or Senate, or in a joint convention, to interfere and time ago, namely, that of a possible contest by passing into their respective Halls whether
participate authoritatively in counting and declaring
the voies and deciding upon their validity; and he in the Electoral College. I do feel that the the vote of Wisconsin should be counted or said that the Chancellor added that he fearelthetime question, notwithstanding the easy solution of not. The question was not decided, and re- might come when the country would be shaken to its it to which he has arrived, has more of a serious mains to be decided to this day. After being
center on this point." character in it than seems to bave suggested in convention and witnessing the opening of
Mr. Seward and Mr. Collamer in the Senate, itself to his mind; and with the indulgence of the votes, the Senate of its own motion left on the same occasion, expressed similar views, the House I will endeavor to show it.
this Hall and went into their separate Cham- each declaring the impotency of the two llouses There is no legislation in the land upon the ber before the work was completed and there
or any tribunal known to the law to solve the subject. The only provision governing the undertook to complete by concurrent action, difficulty, and at the same time each rejoicing counting of the votes of the Electoral College || by joint committee of the two Houses, what
at the escape from peril which the immateriality is in the Constitution itself; and it is in these ever failed to be done here in the meeting of
of the vote in question bad secured, but pointwords:
the two bodies, growing out of the dispute ing out the terrible danger to which the nation "The President of the Senate shall, in the presence about the Wisconsin vote.
would be exposed if ever a material vote in of the Senate and lIouse of Representatives, open all But, Mr. Speaker, they failed to accomplish
the Electoral College should be questioned. the certificates; and the votes shall then be counted." anything: Their resolution was laid upon the
[Here the hammer fell.] But who shall decide, if there be a dispute, table. So with a similar resolution in the
EVENING SESSIONS. whether a vote has come from a man legally House. To-day it has not been decided whether chosen? There is no tribunal yet erected to
Mr. WASHBURNE, of Illinois. I rise to those votes of Wisconsin should be counted or determine that fact. Chancellor Kent says not. Now, suppose the disputed vote had de
a privileged question, and move that evening that it is casus omissus, a case that has not been termined the result, and suppose the House
sessions be hereafter dispensed with. I do so
for the reason the House is so far ahead of the provided for by the framers of the Constitu
differed in its conclusion with the Senate of tion; that there is no provision in the laws or
Senate that it is unnecessary for us to come the United States, and the House elected the Constitution of the United States by which one man President and the Senate declared
here at night, and for the further reason that that may be determined. Whether or not it that another man was elected. It needs no
the reporters are utterly overwhelmed with
iabor. be beyond our power under the Constitution
argument and no suggestion from me to show to make such provision, certain it is that we
The motion was agreed to. the House the peril in which the nation would have made no such provision. Chancellor have been involved, and all this in a time of
RECONSTRUCTION-AGAIN. Kent said upon this point, as reported in the coinparative peace. That is one objection Mr. BINGHAM obtained the floor. debate in connection with the very case which I have to the third section in the proposed Mr. BANKS. I ask the gentleman to allow has been cited by my colleague, that of the amendment of the Constitution unless you erect me one moment to say a word of reply to my Wisconsin vote in 1856, that it was a cusus some tribunal to decide the question which colleague. omissus, and neither law nor the Constitution
may be made. It increases that peril by in. Mr. BINGHAM. I am willing to yield if itsell had provided a solution of the difficulty. | creasing the danger of a contest, and at a time, it does not come out of my time, otherwise I When the nation should be involved in such a
too, when there is not yet peace. The embers must proceed. contest he trembled for the result. He speaks of of war are still glowing. Still, as I said be. The SPEAKER. It will come out of the it in his Commentaries in the following words: fore, I am disposed to vote for it if that can- gentleman's time.
" The Constitution does not express by whom the not be stricken out, but I will give it my hearty Mr. BINGHAM. Mr. Speaker, I beg the votes are to be counted and the result declared. In the case of questionable votes and a closely con
support, and so will every loyal heart, if not House to remember that the three several meastested election, this power may be important; and I embarrassed by that clause.
ures reported by the committee on reconstrucpresume, in the absence of all legislative provision Let me read, if I have a moment's time, what tion must be considered together as an entirety on the subject, that the President of the Senate counts the votes and determines the result, and that the was said by a distinguished gentleman who has
in order to determine the merit of the ques. House are present only as spectators, to witness the since been Governor of his State, Mr. Wash- tion immediately involved before the House in fairness and accuracy of the transaction." burn, of Maine, when the peace of our country
the adoption of the constitutional amendment. Upon the occasion alluded to by my col- came so nigh being disturbed by the Wiscon
I do not believe myself, sir, that the purpose league, Henry Winter Davis used this lansin case:
for which this committee was organized by the
House would be fully attained if nothing more guage :
“The Constitution provides that the President of “Now, sir, no strict constructionist, or wide or loose the Senate, in the presence of the two Houses, shall were to be done by the Congress of the United constructionist, can find any function confided to both
open all certificates, and that the votes shall be States than simply to send to the people of the Houses together or to one separately, which enables counted, and the person having the greatest num
several States the proposition reported by the them to pass, preliminarily, upon the point whether
ber of votes for President shall be President of the one vote shall be counted or another rejected. No United States, if such number be a majority of the
committee for the amendment of the Constijudgment is called for at all. On the contrary, the
whole number of electors appointed; and so in regard tution. Constitution carefully avoids asking for any judyto the Vice President. The votes shall be opened in
There are three measures, Mr. Speaker, and ment by anybody upon a mere count.”
the presence of the Senate and House of Represent
atives and then counted. By whom? There is no pro- not, as some gentlemen seem to argue, but one, The idea of referring this to the two Houses vision of the Constitution, or of law, that they shall that have been reported by this committee. in their separate capacity for solution involves bo counted by the Senate or the House, or by a joint || The first of these measures is a condition
convention. There has been no joint convention, at once another difficulty. The two Houses in
por could there have been any. The assemblage here precedent to the reorganization and restoratheir separate capacity act as legislators, and could do nothing for which it had not the authority tion to political power of any State lately in legislators alone, and their functions are all of law, and there is no law authorizing the count of insurrection. That measure has more than
these rotes by a joint convention, or prescribing the prescribed by the Constitution itself. This is
rules and regulations to be observed therein. It was once during this debate been lost sight of by not one of them. They cannot as separate the duty of the President of the Senate here, in the gentlemen who have spoken. bodies act upon the genuineness of the election presence of the two Houses, to open the certificates,
No State lately in insurrection, according to and to cause the votes to be counted. The llouses of a member of the Electoral College, for they had directed how they were to be counted, by a tell- one of the measures reported, in case it shall have not been constituted for any such purpose er appointed on the part of the Senate and tio tell- become a law of the United States, can ever nor clothed with any such power. They are
ers appointed on the part of the House. These tell-
exercise political powers in this Union until not clothed with the judicial power of passing all, made their report to the President of the Senate; the pending constitutional amendment shall upon the validity of an election of President and the President of the Senate, in the presence of first have become a part of the Constitution of and Vice President; and suppose the Senate the two Houses, and in exact conformity with the
the United States, by the consent of the Legis. provisions of the Constitution, did declare the whole comes to one conclusion and the House to number of votes, and did declare who bad the injor
latures of three fourths of the States now mainanother. what is the result? Suppose the Sen- ity. Nothing but that could have been done. There taining their constitutional relations to the ate in the Wisconsin case had determined that was no power on the part of the Senato, or on the part Mr. Buchanan was elected and the House in of the House, to interfere with the execution of this
Government, and by the subsequent consent duty precisely as specified in the Constitution and of the insurrectionary State itself, the State its separate capacity had determined that no in the resolution of the the two Houses.
also conforming its own constitution and laws one was elected, the Constitution requires that
“I hold, therefore, that no motion whatoyer can be made, and that the meeting, under the Constitution,
to all its requirements. the llouse, thereupon, shall proceed imme- the law of 1792, and the joint resolution, is functus
Additional to this there is yet another measdiately, yes, immediately is the command of oficio. I have no doubt, sir, that there is here a casus ure reported by the committee to which I attach the Constitution, without the concurrence of the
omisaus, that there is no law and no provision of the Senate, to choose a President. Then comes the Constitution by which anything can possibly be done
great importance, and to which I doubt not the except what has been done by the President of the loyal people of this country of every section terrible peril in which this country will be Sevate in presence of the two llouses. I hold that he will attach great importance. That is the bill involved, the ordeal through which it will have ruled aright when borefused to entertain the motions
which disqualifies forever from holding any made to him, and when he announced from tbechair, to pass where the House of Representatives in presence ofthe Senate, and to the House, what had
office of honor or trust within the Republic determine one way and the Senate the other. beendeclared to him by tbetellers. That is all that he every leading and marked actor in the late I do not mean to say it is not within our did, and all that he had authority todo. I am, at the rebellion. By that bill the president and vice
same time, yery clear that it is of the highest imporpower under the Constitution to provide a tri- tance that there should be some legislation on this II president of the late confederate States so called will be excluded; the members of the I trust, Mr. Speaker, that after the roll shall tection of the laws or to abridge the privileges Thirty-Sixth Congress who in any manner have been called this day, and the departing sun or immunities of any citizen of the Republic, aided this rebellion will be excluded; all per- shall have gilded with its last rays the dome | although many of them have assumed and sons who were educated at the national acade- of the Capitol, it will not be recorded by the exercised the power, and that without remedy. mies, naval or military, who have been endowed pen of the historian that the sad hour had come The amendment does not give, as the second by the people with the power of knowledge, a to this great Republic which, in the day of its section shows, the power to Congress of regugift next in value to the gift of the understand. || approaching dissolution, came to the republic | lating suffrage in the several States. ing with which the breath of the Almighty has of ancient Rome, when it was said Cæsar had The second section excludes the conclusion given them, are excluded; the persons who his party, Antony had his party, Brutus had that by the first section suffrage is subjected to represented this confederacy of treason and his party, but the Commonwealth had none ! congressional law; save, indeed, with this crime in any part of the habitable globe are I speak to-day, Mr. Speaker, to the party exception, that as the right in the people of excluded; and above all and beyond all, all per- that is for the Republic; to the party that is each' State to a republican government and sons who in any manner subjected to untimely for the Constitution; to the party that is for to choose their Representatives in Congress is death by exposure or neglect or the slow torture the speedy restoration to their constitutional of the guarantees of the Constitution, by this of famine or poison the captive defenders of the relations of the late insurrectionary States, amendment a remedy might be given directly Union, are forever excluded.
under such perpetual guarantees as will guard for a case supposed by Madison, where treason The mere statement and concession of the the future of the Republic by the united voice | might change a State government from a repeople's right to exercise this power, which is of a united people against the sad calamities publican to a despotic government, and thereby undoubtedly the sovereign right of the Ameri- which have in these late years befallen it. deny suffrage to the people. Why should any can people, by a congressional act, ought to Mr. Speaker, the final settlement of this American citizen object to that? But, sir, it have suggested to the honorable gentleman from grave question which touches the nation's life has been suggested, not here, but elsewhere, if Massachusetts [Mr. BANKS) that if it is need- is at last with the people of the loyal States, this section does not confer suffrage the need ful in this great work of reconstruction further the loyal people of the Union. To the end, of it is not perceived. To all such I beg leave to disfranchise the participants in this rebel- | therefore, knowing, as the committee did know, again to say, that many instances of State injuslion, it can be done in like manner by an act of that parties must dissolve, that men must perish | tice and oppression have already occurred in Congress, and without a constitutional amend- from the earth, but that the Commonwealth is the State legislation of this Union, of flagrant ment.
for all time, if its laws be just and its people be violations of the guarantied privileges of citiThe franchise of a Federal elective office is || faithful, they propose to the several States a zens of the United States, for which the naas clearly one of the privileges of a citizen of || perpetual covenant in the form of a constitu- tional Government furnished and could furnish the United States as is the elective franchise || tional amendment, never to be broken so long || by law no remedy whatever. Contrary to the for choosing Representatives in Congress or as the people adhere to their cherished forms express letter of your Constitution, “cruel and presidential electors. They are both provided || of government, which, when ratified, will secure unusual punishments" have been inflicted for and guarantied in your Constitution. Why, | the safety of all and the rights of each, not only under State laws within this Union upon citi. then, prohibit rebels from the enjoyment of during the present generation, but throughout zens, not only for crimes committed, but for the first for life by an act of Congress and all generations, until this grand example of sacred duty done, for which and against which restrict the second for a term of years by a con- free government shall itself be forgotten. The the Government of the United States had prostitutional amendment? To be sure we all amendment reported by the committee is as vided no remedy and could provide none. agree, and the great body of the people of this follows:
Sir, the words of the Constitution that "the country agree, and the committee thus far in
citizens of each State shall be entitled to all reporting measures of reconstruction agree,
SEC. 1. No State shall make or enforce any law
privileges and immunities of citizens in the that the exercise of the elective franchise,
which shall abridge the privileges or immunities of
several States': include, among other privileges, though it be one of the privileges of a citizen prive any person of life, liberty, or property without the right to bear true allegiance to the Constiof the Republic, is exclusively under the con- duo process of law; nor deny to any person within tution and laws of the United States, and to trol of the States. But, sir, the commit
its jurisdiction the equal protection of the laws.
be protected in life, liberty, and property. tee never intimated and never intended to
the several States which may be included within this Next, sir, to the allegiance which we all owe intimate by any measure they have reported Union according to their respective numbers, count- to God our Creator, is the allegiance which we that any State lately in insurrection can exer
ing the whole number of persons in each State, ex-
owe to our common country. cise either that power or any other until it is State, the elective franchise shall be denied to any The time was in our history, thirty-three restored to its constitutional relation to the portion of its male citizens not less than twenty-one Union save by the express or implied consent
years ago, when, in the State of South Carolina, years of age, or in any way abridged, except for particiof the Congress of the United States, nor that
pation in rebellion or other crime, the basis of repre- || by solemn ordinance adopted in a convention
sentation in such State shall be reduced in the pro- held under the authority of State law, it was after being restored they can exercise that portion which the number of such male citizens shall ordained, as a part of the fundamental law of
bear to the whole number of male citizens not less power contrary to the express conditions pre- than twenty-one years of age.
that State, that the citizens of South Carolina, scribed by Congress for their restoration. The Sec. 3. Until the 4th day of July, in the year 1870, being citizens of the United States as well, power to prescribe these conditions is exclu- all persons who voluntarily adhered to the lato insur
should abjure their allegiance to every other sively in Congress.
rection, giving it aid and comfort, shall be excluded That is the philosophy of every measure of from the right to vote for Representatives in Con
government or authority than that of the State gress and for electors for President and Vice Presi- of South Carolina. reconstruction now pending before the House. dent of the United States.
That ordinance contained these words: And that is wherein it is opposed to the opin
SEC. 4. Neither the United States nor any State
shall assume or pay any debt or obligation already “The allegiance of the citizens of this State is duo ions of gentlemen on the other side of the House incurred, or which may hereafter be incurred, in aid to the State: and no allegiance is due from them to who have spoken, I am sorry to say-and I of insurrection or of war against the United States, any other Power or authority; and the General say it without the slightest intention of giving
or any claim for compensation for loss of involuntary Assembly of said State is hereby empowered from service or labor.
time to time, when they may deem it proper, to prooffense to any man-not in the spirit of repre- SEC.5. The Congress shall have power to enforce by vide for the administration to the citizens and offisentatives of the people, but in the spirit of appropriate legislation the provisions of this article. cers of the State, or such of the said officers as they partisans. For myself, I cannot approach the The necessity for the first section of this
may think fit, of suitablo oaths or affirmations, bind.
ing them to the observance of such allegiance, and discussion of this great question, which con- amendment to the Constitution, Mr. Speaker, abjuring all other allegiance; and also to define what cerns the safety of all, in the spirit of a parti- || is one of the lessons that have been taught to shall amount to a violation of their allegiance, and God forbid that I should approach this your committee and taught to all the people
to provide the proper punishment for such violation." subject in any other character than that of a of this country by the history of the past four There was also, as gentlemen know, an atrepresentative of the people--a representative years of terrific conflict-that history in which || tempt made at the same time by that State to of the people not unmindful of the oath which God is, and in which He teaches the profound- | nullify the revenue laws of the United States. I took, sir, before your tribune.
est lessons to men and nations. There was a What was the legislation of Congress in that Mr. WRIGHT. "I rise to a question of order. want hitherto, and there remains a want now, day to meet this usurpation of authority by The gentleman, by reflection, seems to infer | in the Constitution of our country, which the that State, violative alike of the rights of the that we do not represent the people, and that proposed amendment will supply. What is national Government and of the rights of the we are unmindful of our oaths.
that? It is the power in the people, the whole citizen? The SPEAKER. That is not a point of people of the United States, by express author- In that hour of danger and trial to the country order under parliamentary law, but an inter- | ity of the Constitution to do that by congres- there was as able a body of men in this Capitol ruption without the consent of the member sional enactment which hitherto they have not as was ever convened in Washington, and of speaking:
had the power to do, and have never even these were Webster, Clay, Benton, Šilas Wright, Mr. BINGHAM. The want of the Republic attempted to do ; that is, to protect by national John Quincy Adams, and Edward Livingston. to-day is not a Democratic party, is not a Re- law the privileges and immunities of all the || They provided a remedy by law for the inva. publican party, is not any party save a party citizens of the Republic and the inborn rights sion of the rights of the Federal Government for the Union, for the Constitution, for the of every person within its jurisdiction when- and, for the protection of its officials and supremacy of the laws, for the restoration of ever the same shall be abridged or denied by l those assisting them in executing the revenue all the States to their political rights and pow. the unconstitutional acts of any State. laws. (See 4 Statutes-at-Large, 632-33.) No ers under such irrevocable guarantees as will Allow me, Mr. Speaker, in passing, to say remedy was provided to protect the citizen. forevermore secure the safety of the Republic, that this amendment takes from no State any Why was the act to provide for the collection the equality of the States, and the equal rights right that ever pertained to it. No State ever of the revenue passed, and to protect all actof all the people under the sanctions of invio- had the right, under the forms of law or other. || ing under it, and no protection given to secure lable law.
wise, to deny to any freeman the equal pro- the citizen against punishment for fidelity to