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nature ? Mr. President, let us keep these sideration of that testimony we shall be pre- one time we were pushed very hard in all the channels, and let us build others. I do not pared to decide better than we are now, not newspapers in the country to have immediate object to building others; but my desire is to only what we ought to do, but what we can action on the subject. It was necessary, howput no obstruction in the way of commerce, do. For instance, here is a very considerable ever, to take testimony, and the progress of either upon the rivers or upon the railroads. question which we shall be called to discuss, as taking that testimony and its publication have
Mr. COWAN. Mr. President, I will vote to the extent to which certain persons engaged had the most beneficial effect in informing the for the amendment with great pleasure. I have in the rebellion shall be excluded from the suf- mind of the country and satisfying everybody, had some considerable experience in the navi | frage. I doubt not that the Senate is better pre- I think, that the matter has been better under: gation of the western rivers, and I have a very pared to discuss that question this week than it stood in consequence of the course that was clear and distinct opinion of my own that noth- was last week, and I am sure it will be better | adopted by the committee from necessity, being could be more mischievous to the interests prepared to discuss it next week than this week; cause the committee was unable to come to a of the carrying trade of the country than the and mny reason is that the evidence on the sub- conclusion for the want of testimony in the construction of bridges of the kind described ject is daily accumulating. It so happens that | first place. by the Senator from Missouri, and especially I heard last evening, myself, very important Now, sir, as to taking more testimony, some when there is no necessity that they should be | testimony from gentlemen in whom I have time or other, some point must be fixed at so erected. I have no hesitation in saying that very peculiar confidence, just from the South, which it should be closed; and that was fixed it would be better for the United States to-day with regard to public opinion there, especially | by the committee, and its determination has to appropriate $1,000,000 for the construction among those who have been recently in rebel- been acted upon. If we adopted the advice of a bridge across the Mississippi river, ninety | lion, all tending to show the necessity of some of the Senator from Massachusetts, to wait feet, or one hundred feet, if you please, above counteracting regulations or requirements on antil we got every particle that by any possilow-water mark, with a span of six or seven our part.
bility might throw light on the subject, we hundred feet; it would be a saving to the coun- I say such evidence is constantly accumu.
should wait until the next century, perhaps ; try, on the whole, if we were to appropriate lating. I wish that Congress may have the full there is no knowing how often witnesses might $1,000,000 to build a bridge of that kind, rather benefit of it, to the end that what we do shall be turn up, or what they might desire to say. The than build a draw-bridge upon a stream of that well done. The question is presented whether committee were satisfied that it had gone far character. A draw-bridge is well enough upon we shall proceed on a principle of inclusion or enough, affording the most ample opportunity tide-water, well enough upon still water; but of exclusion. The Senator from Nevada [Mr. to everybody that desired to testify or desired it is impossible to protect the commerce of a STEWART] adopts the principle of inclusion to produce testimony. There has been no exriver as against these draw-bridges in a sharp || without exclusion. There are others who are clusion of anything that has been offered that current at different stages of the water. I have disposed to adopt the principle of exclusion looked as if it had a bearing on the subject. no doubt that western men will regret their without inclusion; in other words, they would We are late in the session. The House of action in a very short time if they allow these exclude certain rebels, but would not include | Representatives passed this resolution two great streams to be obstructed by erections of those loyal persons whose misfortune it is that weeks ago, or perhaps more. It has been this kind.
they were born with a skin not colored like | delayed here longer than it would have been, Mr. HOWARD. Mr. President, I move to
Now, sir, for myself it seems to owing to circumstances to which it is not worth postpone the present and all prior orders, and 'me we have got to adopt both principles, the while now to allude. I thought it well, as that the Senate take up House joint resolution principle of inclusion and the principle of chairman of the committee, that the resoluNo. 127.
exclusion; but I do not think that the Senate tion, after having been passed by the House Mr. SUMNER. What is that?
is at this moment so well informed with regard of Representatives, should lie upon our table The PRESIDENT pro tempore. The title of to the facts which necessarily underlie the de- for awhile in order to give gentlemen ample the joint resolution will be read.
cision of that very great question. It is one of opportunity to consider it, and then that a day The SECRETARY. It is a joint resolution the greatest questions that has ever been pre- should be fixed sufficiently far off to enable proposing an amendment to the Constitution sented in the history of our country or of any every one to know that the question was to of the United States.
country. It should be approached carefully come up. That time has come, and has passed Mr. SUMNER. The question, I think, is and solemnly, and with the assurance we have || by a couple of days; and late as we are in the on proceeding to the consideration of that before us all the testimony, all the facts, every. session, with so much to do, so much upon our resolution.
thing that by any possibility can shed any light | bands which is obstructed in a measure by this The PRESIDENT pro tempore. The motion upon it. Have we all that testimony? I doubt; || question, it is my deliberate judgment, and it of the Senator from Michigan is that the Sen- and I content myself now with simply entering was the deliberate judgment of all the memate postpone the present and all prior orders, my own individual caveat against what seems bers of the commitlee on the part of the Senand proceed to the consideration of the House to me the something like precipitation with ate, that it should have been taken up last joint resolution the title of which has just been which the measure is hurried.
Mr. FESSENDEN. I do not know, sir, that I agree that public opinion is very apt to be Mr. SUMNER. So I understood. Of course I shall take any part whatever in the discussion changeable on such subjects; and as public that opens no question of the merits, and I do of the resolution which is now proposed to be opinion is apt to be changeable, I think we not propose to say anything on the merits. I taken up in the Senate. That will depend on may as well follow our own judgments. It has know not that I shall be able to take any part circumstances not entirely within my control. appeared to do well hitherto, and I am inclined in this debate; but I cannot allow the resolu- But with reference to taking it up this morning, to think that we who have the management of tion to be taken up without expressing my own I beg leave to say that I differ entirely with the the business know just as well as anybody else individual opinion that it would be better if honorable Senator from Massachusetts as to when it is advisable to take it up and what it its consideration were postponed still longer. || the propriety of proceeding with it at the pres- is advisable to do. I can relate one anecdote I believe that the country has gained much by ent time. The matter has been very long under which shows precisely how this matter is underthe postponement that has already been had. consideration. If he has not informed himself stood. A leading paper in the West, a very On a former occasion I stated that we were of the amount of the testimony and of what the important paper, within a short time after the able to have a better proposition at the end of || testimony is that has been taken, it is surely appointment of the committee of fifteen-I April than we had at the end of March, and I | his own fault, because, not only has the princi- think within some two or three weeks afterbelieve now we shall be able to accept a better pal part of the testimony been published in the || ward, but it may have been a month or two proposition just as the weeks proceed. We
newspapers, but it has been published in num- came out with an article headed, “A Policy shall be better prepared for this question next bers or sheets and laid upon the tables or sent Wanted," and it blamed Congress exceedingly week than we are this week, and the week after to Senators; and I presume he has received for not proceeding to act and define a policy next we shall be better prepared than next it, with others. If he wants it in a form all on this subject. The argument was that the week.
together, he can get that readily, but not bound. President had defined his policy, and that every; Why, sir, here is a vast mass of testimony || I suppose he would not require it to be bound | thing was going wrong because Congress had which bas been taken. It has been laid in before he reads it, and I believe that a copy no policy, that it must at once bring in resodriblets, if I may so express myself, before unbound has been furnished to each Senator; || lutions fixing what it intended to do and have Congress and the country, and never gathered I have received one.
it settled. I thought it was rather unkind to together as a whole; it has never been ana- Mr. TRUMBULL. There has been time || the committee that a leading newspaper should lyzed; no conclusions have been presented enough to bind it. It could have been bound comment in the style it did upon the proceedfrom that testimony; and yet I take it that by this time.
ings of Congress without knowing what the testimony was taken for some purpose, doubt- Mr. FESSENDEN. A few numbers might; difficulties were, or really what the questions less to enlighten Congress and enlighten the but the fact is that there are certain other papers were, and how much embarrassment there was country; but the Senate is now asked to pro- to be included with the testimony that are not in arriving at a conclusion. But, sir, it went ceed without the opportunity of considering | ready; for instance, there is an index to he || along until about a month ago or less, when the that testimony in any mature form. I think, | prepared. There is no difficulty about that; same paper come out with an article saying, sir, it is a mistake that we are asked to proceed and the complaint of the honorable Senator, I " Don't be in too much of a hurry about this with it under such circumstances. I think, think, is not well founded in regard to there not || business ; take time; there is no trouble about sir, that delay for the arrangement of that tes- having been ample opportnnity for every Sen. it; the country is gaining by delay; have the timony, and to the end that it may be pre- ator to inform himselt, if he was so disposed, | thing well understood and well matured before sented in proper form for our consideration of the testimony. I agree with him, however, you act; don't be in a hurry.” This was in would be wisdomn. I think it would be the in one thing, and that is, that we have gained the same paper; whether it was written by the highest statesmanship. I think from a con- by delay. The Senate will remember that at same hand or not I do not know. Where there
are so many different opinions, and in the same we leave. I have thought, therefore, it might | disagreeing votes of the two Houses thereon, press, too, very often, I come to the conclusion || perhaps be taken up properly during the last and had appointed Mr. GEORGE W. JULIAN of which I expressed before, that we may just | half of June, some three or four weeks from Indiana, Mr. JOHN H. Rice of Maine, and about as well exercise our own judgment and now; believing, as I do, that at that time we Mr. ADÁM J. GLOSSBRENNER of Pennsylvania, do the best we can and leave the results to the shall be better instructed on the general sub- managers at the same on its part. future. ject, better prepared to harmonize and to
ENROLLED BILLS SIGNED. Now, sir, as I hope Congress may adjourn | adopt a policy which will be most truly benefisome time from the 1st to the middle of July, cent to the country. I am sure that the coun
The message also announced that the Speaker as I think it ought to do, and may if it attends to try is ready to adopt any policy which this
of the House of Representatives had signed the its business properly, and if nothing occurs to Congress puts forth, and the stronger it is the
following enrolled bills ; which were thereupon render a longer session necessary, I think we better. The country is stronger than Con- signed by the President pro tempore : have arrived now—the last week in May-at gress, and I believe that Congress will be
A bill (S. No. 318) to authorize the appointa time when we ought to have this question out stronger than it is now if we wait till those
ment of an additional Assistant Secretary of of the way. We may not agree with the other very heats of summer which Senators so much
the Navy; House in some points. In that case the resolu- deprecate:
A bill" (H. R. No. 193) for the relief of Mrs. tion will have to go back to the House. The Mr. CONNESS. Considering how long we
William L. Herndon ; and
A bill (H. R. No.558) to amend the charter discussion upon it will take some time. While have waited before action on this question,
and it remains undisposed of it stands in the way how impatiently the country has waited, I
of the Washington Gas-Light Company. of other business. I should dislike very much must express the hope that the waiting will be
APPROVAL OF BILLS. to see a question of this importance crowded brought to an end, and that we shall now come A message from the President of the United into the heel of the session. When it is a mat- to deliberate and final action as soon as we States, by Mr. COOPER, his Secretary, anter upon which we have resolved to act and
can upon the great question before us. It will nounced that the President of the United settle before Congress adjourns, if we can settle be remembered that the honorable Senator | States had approved and signed, on the 21st it, we had better not leave it to the hurry of from Massachusetts advises us that his opposi- || instant, the following acts and joint resolution: hot weather and a time when we may all be tion to considering this question now is not a An act (S. No. 182) to prevent and punish more impatient than we ought to be in consid- formal opposition; it is but an informal oppo- kidnaping; ering a question of so much importance. I sition that the Senator makes. That is not a An act (S. No. 186) amendatory of an act hope, therefore, that it will be proceeded with distinction without a difference, it is true, for to provide for the reports of decisions of the this morning,
it furnishes sufficient difference to invite the Supreme Court of the United States; Mr. SUMNER. I did not intend, and I hope || proposition for delay from the other side. I An act (S. No. 316) to establish a post route I was not understood to make any formal oppo- hope the Senator will not be gratified. In- from West Alburg, Vermont, to Champlain, sition to proceeding with this measure. All || deed, I know he does not want to be gratified. || in the State of New York, and for other purthat I aimed to do was to express an individual I know in saying that I assume something; poses ;
and opinion which I have very strongly-I cannot that is, I assume to know the Senator's mind
A joint resolution (S. R. No. 61) to extend help it-with regard to the time when it is best better than he speaks it this morning; but it the time for the construction of the first section to consider the subject. I may be in error; will be remembered that he spoke with a di: of the Western Pacific railroad, it is probable that I am in error, since I find vided mind, and so advised us. It was not a
HOMESTEADS IN SOUTHERN LAND STATES. that most of those about me have a different formal opposition. It was but his informal opinion, and I am sure that have substantially opposition this morning to the consideration
The Senate proceeded to consider its amendat heart the same objects as myself. Most of the question; and in obedience to the idea
ments to the bill (H. R. No. 85) for the disprobably I am in error; but I have performed || that seems to have invested him for some time || posal of the public lands for homestead actual my duty, and in a humble way satisfy myself | past, that the more delay we have the better
settlement in the States of Alabama, Missisby making this declaration. I have ventured we shall be prepared; that the longer we post
sippi, Louisiana, Arkansas, and Florida, and, to file a caveat-perhaps that is too strong | pone the greater will be the result of our wis
On motion of Mr. KIRKWOOD, it was a term to use for so simple an expression | dom when we deliberate; that with that post
Resolved, That the Senato insist upon its amend
ments to the said bill, and agree to the conference as I intend now-but I did wish to bring the ponement we shall have more inclusion than asked by the House on the disagreeing votes of the Senate seriously to consider whether they had exclusion, to use the Senator's terms. The two Houses thereon. before them all the evidence so arranged, with Senator from Nevada and his inclusion will
Ordered, That the President pro tempore be auall its conclusions and results presented to
thorized to appoint the managers at said conference be the more welcomed by the honorable Sen
on the part of the Senate. them which they thought it best to have before ator from Massachusetts and appreciated, and
RECONSTRUCTION. they proceeded to the final decision of this great the exclusion of the honorable Senator from question. I must say I think they have not. Indiana, who leads the other side so well upon
The Senate, as in Committee of the Whole, However, others do not agree with me. questions of the character now before us, will
proceeded to consider the joint resolution (H. Mr. HÉNDRICKS. I wish to inquire of be, in a smaller degree, included in the result
R. No. 127) proposing an amendment to the the Senator from Massachusetts to what time and the sum total of our judgment. But that
Constitution of the United States, which was he would propose to postpone the considera
read as follows: these things may happen, that is to say, that tion of this measure. In asking the question, we shall have the promise of their happening
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, I desire also to say that I agree with the Sen- and occurring, given us by the honorable Sen- (two thirds of both Houses concurring.) That the folator from Maine that Congress ought to ad- ator, I am not, for one, willing to delay any
lowing article be proposed to the Legislatures of the journ at as early a day as he has suggested. || longer. I am very glad to see that the Senator
several States as an amendment to the Constitution
of the United States, which, when ratified by three Unquestionably this measure has to be con- does not launch the thunders of his opposition fourths of said Legislatures, shall be valid as part of sidered before the adjournment. We know to proceeding this morning. I knew that he the Constitution, namely: that practically, and I am in favor of meeting would agree to go on, with an unwilling, half
ARTICLE — it at some early day, because I do not want to reluctant, half consenting, protesting, delight
SEC, 1. No State shall make or enforce any law be kept here, personally, and I do not suppose
which shall abridge the privileges or immunities of ful enjoyment that we were to begin. That citizens of the United States; nor shall any State deother Senatorş desire to be kept into the very being the temper of the Senator, and I think prive any person of life, liberty, or property, without hot weather of the summer in this city. If the the temper of the Senate and the country being
due process of law; nor deny to any person within Senator from Massachusetts proposes a rea
its jurisdiction the equal protection of the laws. to proceed, I should not feel at liberty to delay SEC. 2. Representatives shall be apportioned among sonable postponement, whatever reasons may even for five minutes longer. Therefore I must the several States which may be included within the govern him, whether they be different from express the hope that we shall now proceed
Union, according to their respective numbers, count
ing the whole numb of persons in each State, exthose that may govern myself or not, I would be with this great and greatest of questions that cluding Indians not taxed. But whenever, in any inclined to vote with him, but not for any very has ever been presented to the American poeple | State, the elective franchise shall be denied
to any long postponement of it. If it could be post- for consideration.
portion of its male citizens not less than twenty-one poned until the next session, I perhaps would The PRESIDENT pro tempore. The ques.
years of age, or in any way abridged, except for partici
pation in rebellion or other crime, the basis of repreagree to that, but to postpone it to the month tion is on the motion of the Senator from Michi- sentation in such State shall be reduced in the proof July, I would not agree to. gan to postpone the present and all prior orders portion which the number of such male
citizens shall Mr. SUMNER. Does the Senator desire
bear to the whole number of male citizens not less and proceed to the consideration of the reso
than twenty-one years of age. an answer?
lution from the House of Representatives pro- Sec. 3. Until the 4th day of July, in the year 1870, Mr. HENDRICKS. Yes, sir. posing an amendment to the Constitution of
all persons who voluntarily adhered to the late insurMr. SUMNER. I did not propose any
rection, giving it aid and comfort, shall be excluded the United States.
from the right to vote for Representatives in Conmotion. The Senator asks me a question. The motion was agreed to.
gress and for electors for President and Vice PresiThat I will answer with great pleasure. As
dent of the United States. MESSAGE FROM THE HOUSE.
Sec. 4. Neither the United States nor any State far as I can pretend to determine or have an
shall assume or pay any debt or obligation already opinion, from the business of the Senate, I do A message from the House of Representa- incurred, or which may hereafter be incurred, in aid not suppose the Senate can adjourn before the || tives, by Mr. McPherson, its Clerk, announced
of insurrection or of war against the United States, latter part of July. I have supposed that we that the House of Representatives disagreed
or any claim for compensation for loss of involuntary service or
labor. should not get to such a point in our business to the amendments of the Senate to the bill Sec.5. The Congress shall have power to enforce by that we ought to leave here till then. I have
appropriate legislation the provisions of this article. thought, then, that this great question of recon
in the struction ought to be reserved as the last seri. States of Alabama, Mississippi, Louisiana, Ar- that the state of the health of the honorable ous considerable subject for discussion before || kansas, and Flordia, asked a conference on the Senator from Maine [Mr. FESSENDEN) wao is
(H. R. No. 85) for the disposal of the publice Mr. HOWARD. Mr. President, I regret
chairman, on the part of the Senate, of the The first clause of this section relates to the States. It is the case of Corfield vs. Coryell, joint committee of fifteen, is such as to dis- | privileges and immunities of citizens of the found in 4 Washington's Circuit Court Reports, able him from opening the discussion of this United States as such, and as distinguished page 380. Judge Washington says: grave and important measure. I was anxious from all other persons not citizens of the Uni
"The next question is whether this act infringes that he should take the lead, and the promi- | ted States. It is not, perhaps, very easy to that section of the Constitution which declares that nent lead, in the conduct of this discussion, and define with accuracy what is meant by the ex- the citizens of each State shall be entitled to all still entertain the hope that before it closes | pression, "citizen of the United States," al
privileges and immunities of citizens in the several
States?' the Senate will have the benefit of a full and though that expression occurs twice in the Con: ** Theinquiry is, what are the privileges and immuample statement df his views. For myself, Istitution, once in reference to the President of nities of citizens in the several States? We feel no can only promise to present to the Senate, in the United States, in which instance it is de
hesitation in confining these expressions to those
privileges and immunities which are in their nature a very succinct way, the views and the motives clared that none but a citizen of the United
fundamental, which belong of right to the citizens which influenced that committee, so far as I States shall be President, and again in refer
of all free Governments, and which have at all times understand those views and motives, in pre- ence to Senators, who are likewise to be citizens
been enjoyed by the citizens of the several States
which compose this Union from the time of their senting the report which is now before us for of the United States. Undoubtedly the expres- becoming freo, independent, and sovereign. What consideration, and the ends it aims to accom- sion is used in both those instances in the same
these fundamental principles are it would, perhaps, plish.
be more tedious than difficult to enumerate. They sense in which it is employed in the amendment
may, however, be all comprehended under the followThe joint resolution creating that committee now before us. A citizen of the United States
ing general heads: protection by the Government, the intrusted them with a very important inquiry, is held by the courts to be a person who was
enjoyment of life and liberty, with the right to acogiro an inquiry involving a vast deal of attention born within the limits of the United States and
and possess property of every kind, and to pursue and
obtain happiness and safety, subject nevertheless to and labor. They were instructed to inquire || subject to their laws. Before the adoption of such restraints as the Government mayjustly prescribe into the condition of the insurgent States, and the Constitution of the United States, the citi
for thegeneral good of the whole. Therightofacitizen
of one State to pass through or to reside in any other authorized to report by bill or otherwise at zens of each State were, in a qualified sense State, for purposes of trado. agriculture, professional their discretion. I believe that I do not over- at least, aliens to one another, for the reason pursuits, or otherwise; to claim the benefit of the state the truth when I say that no committee that the several States before that event were
writ of 'habeas corpus; to institute and maintain
actions of any kind in the courts of the State; to of Congress has ever proceeded with more regarded by each other as independent Govern.
take, hold, and dispose of property, either real or fidelity and attention to the matter intrusted ments, each one possessing a sufficiency of sov. personal, and an exemption from higher taxes or to them. They have been assiduous in dis- ereign power to enable it to claim the right of
impositions than aro paid by the other citizens of
the State, may be mentioned as some of the particcharging their duty. They have instituted an naturalization; and, undoubtedly, each one of
ular privileges and immunities of citizens wbich are inquiry, so far as it was practicable for them them possessed for itself the right of natural- clearly embraced by the general description of privi. to do so, into the political and social condition || izing foreigners, and each one, also, if it had
leges deemed to be fundamental, to which may be of the insurgent States. It is very true, they seen fit so to exercise its sovereign power, might
added the elective franchise, as regulated and estab
lished by the laws or constitution of the State in have not visited any localities outside of the have declared the citizens of every other State which it is to be exercised. These, and many others city of Washington in order to obtain informa- to be aliens in reference to itself. With a view which might be mentioned, are, strictly speaking tion ; but they have taken the testimony of a
privileges and immunities, and the enjoyinent of to prevent such confusion and disorder, and to
them by the citizens of each State in every other great number of witnesses who have been sum. put the citizens of the several States on an State was manifestly calculated (to use the expresmoned by them to Washington, or who hap- || equality with each other as to all fundamental
sions of the preamble of the corresponding provision pened to be in Washington, and who had some
in the old Articles of Confederation) the better to rights, a clause was introduced in the Consti
secure and perpetuate mutual friendship and interacquaintance with the condition of affairs in
tution declaring that the citizens of each State course among the people of the different States of the insurgent States. I think it will be the shall be entitled to all privileges and immuni
the Union.'" judgment of the country in the end that that ties of citizens in the several States."
Such is the character of the privileges and committee, so far as the procuring of testimony The effect of this clause was to constitute immunities spoken of in the second section of upon this subject is concerned, has been not ipso facto the citizens of each one of the origi- the fourth aritcle of the Constitution. To these only industrious and assiduous, but impartial nal States citizens of the United States. And privileges and immunities, whatever they may and entirely fair. I know that such has been how did they antecedently become citizens of be-for they are not and cannot be fully detheir aim. I know that it has not been their the several States? By birth or by naturaliza- fined in their entire extent and precise nature purpose to present to Congress and the coun. tion. They became such in virtue of national -to these should be added the personal rights try in their report anything unfair or one-sided, | law, or rather of natural law which recognizes guarantied and secured by the first eight amendor anything of a party tendency. Our anxiety | persons born within the jurisdiction of every ments of the Constitution ; such as the freedom has been to ascertain the whole truth in its || country as being subjects or citizens of that of speech and of the press; the right of the entire length and breadth, so far as the facili- country. Such persons were, therefore, citi- people peaceably to assemble and petition ties given us would warrant.
zens of the United States as were born in the the Government for a redress of grievances, a One result of their investigations has been country or were made such by naturalization; right appertaining to each and all the people; the joint resolution for the amendment of the and the Constitution declares that they are the right to keep and to bear arms; the right Constitution of the United States now under entitled, as citizens, to all the privileges and to be exempted from the quartering of soldiers consideration. After most mature deliberation immunities of citizens in the several States. in a house without the consent of the owner; and discussion, reaching through weeks and | They are, by constitutional right, entitled to the right to be exempt from unreasonable even months, they came to the conclusion that these privileges and immunities, and may as- searches and seizures, and from any search or it was necessary, in order to restore peace and sert this right and these privileges and immu- seizure except by virtue of a warrant issued quiet to the country and again to impart vigor nities, and ask for their enforcement whenever upon a formal oath or affidavit; the right of an and efficiency to the laws, and especially to they go within the limits of the several States accused person to be informed of the nature obtain something in the shape of a security for of the Union.
of the accusation against him, and his right to the future against the recurrence of the enor- It would be a curious question to solve what be tried by an impartial jury of the vicinage; mous evils under which the country has labored are the privileges and immunities of citizens and also the right to be secure against excessfor the last four years, that the Constitution of of each of the States in the several States. I live bail and against cruel and unusual punishthe United States ought to be amended; and the project which they have now submitted is question at this time. It would be a somewhat | Now, sir, here is a mass of privileges, imthe result of their deliberations upon that barren discussion. But it is certain the clause munities, and rights, some of them secured by subject.
was inserted in the Constitution for some good the second section of the fourth article of the The first section of the amendment they have purpose. It has in view some results beneficial Constitution, which I have recited, some by submitted for the consideration of the two to the citizens of the several States, or it would the first eight amendments of the Constitution; Houses relates to the privileges and immunities not be found there; yet I am not aware that and it is a fact well worthy of attention that of citizens of the several States, and to the rights || the Supreme Court have ever undertaken to the course of decision of our courts and the and privileges of all persons, whether citizens define either the nature or extent of the priv- present settled doctrine is, that all these imor others, under the laws of the United States. || ileges and immunities thus guarantied. ' In- munities, privileges, rights, thus guarantied by It declares that
deed, if my recollection serves me, that court, the Constitution or recognized by it, are secured No State shall make or enforce any law which shall on a certain occasion not many years since, to the citizen solely as a citizen of the United abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any
when this question seemed to present itself to States and as a party in their courts. They person of life, liberty, or property without due pro
them, very modestly declined to go into a do not operate in the slightest degree as a recess of law; nor deny to any person within its juris- definition of them, leaving questions arising straint or prohibition upon State legislation. diction the equal protection of the laws.
under the clause to be discussed and adjudi. States are not affected by them, and it has been It will be observed that this is a general | cated when they should happen practically to repcatedly held that the restriction contained prohibition upon all the States, as such, from arise. But we may gather some intimation of in the Constitution against the taking of priabridging the privileges and immunities of the what probably will be the opinion of the judi- vate property for public use without just comcitizens of the United States. That is its first || ciary by referring to a case adjudged many pensation is not a restriction upon State legisclause, and I regard it as very important. It years ago in one of the circuit courts of the sation, but applies only to the legislation of also prohibits each one of the States from United States by Judge Washington; and I || Congress. depriving any person of life, liberty, or prop- will trouble the Senate but for a moment by Now, sir, there is no power given in the Conerty without due process of law, or denying | reading what that very learned and excellent stitution to enforce and to carry out any of to any person within the jurisdiction of the judge says about these privileges and immuni. these guarantees. They are not powers granted State the equal protection of its laws.
ties of the citizens of each State in the several by the Constitution to Congress, and of course
16 en el propostates in thang Yengil State that iwe hai
do not come within the sweeping clause of the tice to all men and equal protection under the subject. It was our opinion that three fourths Constitution authorizing Congress to pass all
shield of the law, there is no republican gov of the States of this Union could not be in. laws necessary and proper for carrying out the ernment and none that is really worth main- duced to vote to grant the right of suffrage, foregoing or granted powers, but they stand taining
even in any degree or under any restriction, simply as a bill of rights in the Constitution, The
second s ction of the proposed amend- to the colored race. We may be right in this without power on the part of Congress to give.|| ment reads as follows:
apprehension or we may be in error.
Time them full effect; while at the same time the SEC. 2. Representatives shall be apportioned among will develop the truth; and for one I shall wait States are not restrained from violating the
the several States which may be included within
with patience the movements of public opinprinciples embraced in them except by their counting the whole number of persons in each State, ion upon this great and absorbing question. own local constitutions, which may be altered excluding Indians not taxed. But whenever, in any The time may come, I trust it will come, indeed from year to year. The great object of the
State, the elective franchise shall be denied to any
I feel a profound conviction that it is not far first section of this amendment is, therefore,
one years of age, or in any way abridged, except for distant, when even the people of the States to restrain the power of the States and com- participation in rebellion or other criine, the basis themselves where the colored population is most pel them at all times to respect these great
of representation in such State shall be reduced in
dense will consent to admit them to the right fundamental guarantees. How will it be done
of suffrage. Sir, the safety and prosperity of under the present amendment? As I have That is, citizens as to whom the right of those States depend upon it; it is especially remarked, they are not powers granted to voting is denied or abridged
for their interest that they should not retain in Congress, and therefore it is necessary, if they shall bear to tho whole number of male citizens their midst a race of pariahs, so circumstanced are to be effectuated and enforced, as they not less than twenty-one years of age.
as to be obliged to bear the burdens of Gov. assuredly ought to be, that additional power It is very true, and I am sorry to be obliged ernment and to obey its laws without any parshould be given to Congress to that end. This to acknowledge it, that this section of the ticipation in the enactment of the laws. is done by the fifth section of this amendment, amendment does not recognize the authority The second section leaves the right to reguwhich declares that “the Congress shall have of the United States over the question of suf- late the elective franchise still with the States, power to enforce by appropriate legislation the frage in the several States at all; nor does and does not meddle with that right. Its basis provisions of this article." Here is a direct it recognize, much less secure, the right of of representation is numbers, whether the numaflirmative delegation of power to Congress to suffrage to the colored race. I wish to meet bers be white or black; that is, the whole carry out all the principies of all these guar- this question fairly and frankly; I have noth- || population except untaxed Indians and perantees, a power not found in the Constitution. ing to conceal upon it; and I am perfectly free sons excluded by the State laws for rebellion
The last two clauses of the first section of to say that if I could have my own way, if my or other crime. Formerly under the Constithe amendment disable a State from depriving preferences could be carried out, I certainly.tution, while the free States were represented not merely a citizen of the United States, but should secure suffrage to the colored race to only according to their respective numbers of any person, whoever he may be, of life, liberty, some extent at least; for I am opposed to the men, women, and children, all of course enor property without due process of law, or from exclusion and proscription of an entire race. dowed with civil rights, the slave States had denying to him
the equal protection of the laws If I could not obtain universal suffrage in the the advantage of being represented according of the State. This abolishes all class legisla- popular sense of that expression, I should be to their number of the same free classes, intion in the States and does away with the in- in favor of restricted, qualified suffrage for the creased by three fifths of the slaves whom they justice of subjecting one caste of persons to colored race. But, sir, it is not the question || treated not as men but property. They had this à code not applicable to another.
here what will we do ; it is not the question advantage over the free States, that the bulk hibits the hanging of a black man for a crime what you, or I, or half a dozen other members of their property in the proportion of three for which the white man is not to be hanged. of the Senate may prefer in respect to colored fifths had the right of representation in ConIt protects the black man in his fundamental suffrage; it is not entirely the question what || gress, while in the free States not a dollar of rights as a citizen with the same shield which measure we can pass through the two Houses ; || property entered into the basis of representait throws over the white man. Is it not time, but the question really is, what will the Legis- tion. John Jacob Astor, with his fifty millions Mr. President, that we extend to the black latures of the various States to whom these of property, was entitled to cast but one rote, man, I had almost called it the poor privilege amendments are to be submitted do in the and he at the ballot-box would meet his egnal of the equal protection of the law? Ought not premises; what is it likely will meet the gen- in the raggedest beggar that strolled the streets. the time to be now passed when one measure eral approbation of the people who are to elect Property has been rejected as the basis of just of justice is to be meted out to a member of the Legislatures, three fourths of whom must representation; but still the advantage that was one caste while another and a different meas- ratify our propositions before they have the given to the slave States under the Constituure is meted out to the member of another force of constitutional provisions ?
tion enabled them to send at least twenty.one caste, both castes being alike citizens of the Let me not be misunderstood. I do not members to Congress in 1860, based entirely United States, both bound to obey the same intend to say, nor do I say, that the proposed upon what they treated as property-a number laws, to sustain the burdens of the same Gov- amendment, section two, proscribes the col- || sufficient to determine almost every contested ernment, and both equally responsible to justice ored race. It has nothing to do with that ques. measure that might come before the House of and to God for the deeds done in the body? tion, as I shall show before I take my seat. I || Representatives.
But, sir, the first section of the proposed could wish that the elective franchise should The three-fifths principle has ceased in the amendment does not give to either of these be extended equally to the white man and to destruction of slavery and in the enfranchiseclasses the right of voting. The right of suf- the black man; and if it were necessary, after ment of the colored race. Under the present frage is not, in law, one of the privileges or im. full consideration, to restrict what is known as Constitution this change will increase the num: munities thus secured by the Constitution. It universal suffrage for the purpose of securing ber of Representatives from the once slaveis merely the creature of law. It has always this equality, I would go for a restriction; but || holding States by nine or ten. That is to say, been regarded in this country as the result of I deem that impracticable at the present time, if the present basis of representation, as estabpositire local law, not regarded as one of those and so did the committee.
lished in the Constitution, shall remain operfundamental rights lying at the basis of all The colored race are destined to remain | ative for the future, making our calculations society and without which a people cannot among us. They have been in our midst for | upon the census of 1860, the enfranchisement exist except as slaves, subject to a depotism. more than two hundred years; and the idea of of their slaves would increase the number of
As I have already remarked, section one is the people of the United States ever being able their Representatives in the other House nine a restriction upon the States, and does not, of by any measure or measures to which they may or ten, I think at least ten; and under the next itself, confer any power upon Congress. The resort to expel or expatriate that race from census it is easy to see that this number would power which Congress has, under this amend. their limits and to settle them in a reign be still increased ; and the important question ment, is derived, not from that section, but country, is to me the wildest of all chimeras. now is, shall this be permitted while the colfrom the fifth section, which gives it authority The thing can never be done; it is impracti- | ored population are excluded from the privito pass lews which are appropriate to the at. cable. For weal or for woe, the destiny of the lege of voting? Shall the recently slaveholdtainment of the great object of the amendment. colored race in this country is wrapped up with ing States, while they exclude from the ballot I look upon the first section, taken in connec- our own; they are to remain in our midst, and the whole of their black population, be entition with the fifth, as very important. It will, here spend their years and here bury their tled to include the whole of that population in it adopted by the States, forever disable every fathers and finally repose themselves. We the basis of their representation, and thus to one of them from passing laws trenching upon may regret it. It may not be entirely compat- obtain an advantage which they did not posthose fundamental rights and privileges which ible with our taste that they should live in our sess before the rebellion and emancipation? In pertain to citizens of the United States, and to midst. We cannot help it. Our forefathers short, shall we permit it to take place that one all persons who may happen to be within their || introduced them, and their destiny is to con- of the results of emancipation and of the war jurisdiction. It establishes equality before the tinue among us; and the practical question | is to increase the Representatives of the late law, and it gives to the humblest, the poorest, which now presents itself to us is as to the best slaveholding States? I object to this. I think the most despised of the race the same rights | mode of getting along with them.
they cannot very consistently call upon us to and the same protection before the law as it The committee were of opinion that the grant them an additional number of Repregives to the most powerful, the most wealthy, States are not yet prepared to sanction so fun. sentatives simply because in consequence of or the most haughty. That, sir, is republican damental a change as would be the concession their own misconduct they have lost the propgovernment, as I understand it, and the only of the right of suffrage to the colored race. erty which they once possessed, and which one which can claim the praise of a just Gov- We may as well state it plainly and fairly, so served as a basis in great part of their repreernment. Without this principle of equal jus. that there shall be no misunderstanding on the sentation.
The committee thought this should no longer this provision cuts down the representation of of Mr. Madison, whose reflections upon the be permitted, and they thought it wiser to that State.
right of suffrage were at once the most enlightadopt a general principle applicable to all the Mr. HOWARD. Certainly it does, no mat- ened and profound, to show what were his States alike, namely, that where a State ex- ter what may be the occasion of the restric- || ideas respecting the right of suffrage and the cludes any part of its male citizens from the tion. It follows out the logical theory upon persons to whom it ought to be granted. It elective franchise, it shall lose Representa- which the Government was founded, that num. || applies to this whole subject. They apply as tives in proportion to the number so excluded; bers shall be the basis of representation in well to the negro as to the white man. Mr. and the clause applies not to color or to race Congress, the only true, practical, and safe || Madison has been discussing the question of at all, but simply to the fact of the individual republican principle. If, then, Massachusetts confining the right of suffrage to freeholders, 'exclusion. Nor did the committee adopt the should so far forget herself as to exclude from and he observes : principle of making the ratio of representation the right of suffrage all persons who do not "Confining the right of suffrage to freeholders depend upon the number of voters, for it so believe with my honorable friend who sits near
and to such as hold an equivalent property, con
vertible, of course, into freeholds. The objection me [Mr. Sumner) on the subject of negro happens that there is an unequal distribution
to this regulation is obvious. It violates the vital of voters in the several States, the old States || suffrage, she would lose her representation in principlo" having proportionally fewer than the .proportion to that exclusion. "If she should Here my honorable friend from MassachuStates. It was desirable to avoid this ine. || exclude all persons of what is known as the setts will observe what I regard as the vital quality in fixing the basis. The committee orthodox faith she loses representation in pro- | principle of republican government; it is not adopted numbers as the most just and satis- | portion to that exclusion. No matter what
representation because of taxation; it is thisfactory basis, and this is the principle upon may be the ground of exclusion, whether a the vital principle of frco government, that those which the Constitution itself was originally want of education, a want of property, a want who are to be bound by the laws ought to have a
voice in making them." framed, that the basis of representation should of color, or a want of anything else, it is suffi
, is the safest and most secure principle gory of voters, and the State loses representa- | bound by the laws ought to have a voice in upon which the Government can rest. Num
tion in proportion. The principle applies to making the laws. bers, not voters; numbers, not property; this every one of the States in precisely the same
Mr. JOHNSON. Does the honorable memis the theory of the Constitution.
And, sir, the true basis of repre
ber read from Madison's Writings? By the census of 1860, the whole number of sentation is the whole population. It is not
Mr. HOWARD. The fourth volume of colored persons in the several States was four property, it is not education, for great abuses
Madison's Writings, page 25. million four hundred and twenty-seven thou. would arise from the adoption of the one or
Mr. SUMNER. Is that applicable to all sand and sixty-seven. In five of the New Eng. the other of these two tests. Experience has
without distinction of color? land States, where colored persons are allowed shown that numbers and numbers only is the
Mr. HOWARD. Certainly it is, and whether to vote, the number of such colored persons is only true and safe basis; while nothing is they can read and write or not. The point is only twelve thousand one hundred and thirty- clearer than that property qualifications and
that the person who is bound by the laws in two. This leaves of the colored population of educational qualifications have an inevitable a free Government ought to have a voice in the United States in the other States unrepre- aristocratic tendency-a thing to be avoided.
making them. It is the very essence of repubsented, four million four hundred and fourteen Mr. STEWART. I wish to call the atten- lican government. Again he observes, page 27: thousand nine hundred and thirty-five, or at tion of the Senator to the word "abridged”
“Under every view of the subject it scems indisleast one seventh part of the whole population before he passes from that branch of the sub
pensable"of the United States. Of this last number, ject. I should like to understand the opera
I wish the attention of my honorable friend three million six hundred and fifty thousand tion intended by that expression.
from Maryland to this, for I know how much were in the eleven seceding States, and only Mr. HOWARD. The word "abridged' I || he reverences the character and talents of five hundred and forty-seven thousand in the regard as a mere intensitive, applicable to
James Madisonfour remaining slave States which did not the preceding sentence, but whenever, in any
"Under every view of the subject"secede, namely, Delaware, Maryland, Ken- | State, the elective franchise shall be denied to “Every view of the subject,” not a partial tucky, and Missouri. In the eleven seceding | any portion of its male citizens not less than view, but every view which had presented itself States the blacks are to the whites, basing the twenty-one years ofage, orin any way abridged" or could present itself to the mind of that great calculation upon the census of 1860, nearly as to any portion of its male citizens not less than three to five. A further calculation shows that
twenty-one “except for participation in rebel- "it seems indispensable that the mass of citizens if this section shall be adopted as a part of the lion or other crime, the basis of representation
should not be without a voice in making the laws
which they are to obey, and in choosing the magisConstitution, and if the late slave States shall in such State shall be reduced in the propor: trates who are to administer them. And if the only continue hereafter to exclude the colored pop- tion which the number of such male citizens'' alternative be between an equal and universal right ulation from voting, they will do it at the loss —that is, the number of citizens as to whom
of suffrage for each branch of the Government, and
a confinementof the entire right to a part of the citat least of twenty-four Representatives in the it is either denied or abridged—'shall bear to izens, it is better that those having the greater interother House of Congress, according to the rule the whole number of male citizens not less est at stake, namely, that of property and persons established by the act of 1850. I repeat, that than twenty-one years of age.”
both, should be deprived of half their share in the
Government, than that those having the lesser interif they shall persist in refusing suffrage to the I suppose it would admit of the following
est, that of personal rights only, should be deprived colored race, if they shall persist in excluding application: a State in the exercise of its
of the whole." that whole race from the right of suffrage, they | sovereign power over the question of suffrage Now, apply that great principle as broadly will lose twenty-four members of the other might permit one person to vote for a member as it is laid down by Mr. Madison on the page House of Congress.
Some have estimated of the State Legislature, but prohibit the same from which I have read, and how can any man their loss more and some less; but according person from voting for a Representative in of true republican feeling, attached to the essento the best calculation I have been able to | Congress. That would be an abridgment of tial principles of our system of government, make, I think that will be the extent. It is the right of suffrage; and that person would refuse the right of suffrage to the whole negro not to be disguised--the committee have no dis- be included in the exclusion, so that the rep- || population as a class ? position to conceal the fact--that this amend- resentation from the State would be reduced in Mr. JOHNSON. Females as well as males? ment is so drawn as to make it the political || proportion to the exclusion of persons whose
Mr. HOWARD. Mr. Madison does not say interest of the once slaveholding States to rights were thus abridged.
anything about females. admit their colored population to the right of Mr. STEWART. Take a case of this kind : Mr. JOHNSON. 6 Persons." suffrage. The penalty of refusing will be se- suppose that in the South they should allow the Mr. HOWARD. I believe Mr. Madison was vere. They will undoubtedly lose, and lose so negroes to vote who had been in the Army, or old enough and wise enough to take it for granted long as they shall refuse to admit the black who had educational qualifications; would there was such a thing as the law of nature which population to the right of suffrage, that bal- those who did vote be included in the basis of has a certain influence even in political affairs, ance of power in Congress which has been so representation, or would that be an abridg. and that by that law women and children were long their pride and their boast.
ment of that class of persons so that they would not regarded as the equals of men. Mr. MadiIt will be observed, however, that this amend- all be excluded?
son would not have quibbled about the question ment does not apply exclusively to the insur- Mr. HOWARD. It is not an abridgment of women's voting or of an infant's voting. gent States, nor to the slaveholding States, but to a caste or class of persons, but the abridg. He lays down a broad democratic principle, to all States without distinction. It says to all the ment or the denial applies to the persons that those who are to be bound by the laws States, “ If you restrict suffrage among your individually. If the honorable Senator will | ought to have a voice in making them; and people, whether that people be white or black read the section carefully I think he will not everywhere mature manhood is the represent. or mixed, your representation. in Congress doubt as to its true interpretation. It applies ative type of the human race. shall be reduced in proportion to that restric- individually to each and every person who is I have but very little to say, Mr. President, tion.” It holds out the same penalty to Mas- denied or abridged, and not to the class to as to the third section of this amendment. It sachusetts as to South Carolina, the same to which he may belong. It makes no distinction | reads as follows: Michigan as to Texas.
between black and white, or between red and Sec. 3. Until the 4th day of July, in tho yonr 1870, Mr. CLARK. If the Senator will pardon | white, except that if an Indian is counted in he all persons who voluntarily adhered to the late insurme for a moment, I wish to inquire whether must be subject to taxation.
rection, giving it aid and comfort, sball be excluded the committee's attention was called to the
from the right to vote for Representatives in Com
But us to the principle of representation, I gress and for electors for President and Vice Presifact that if any State excluded any person, say beg to call the attention of Senators to two
dent of the United States. as Massachusetts does, for want of intelligence, passages which I will read from the Writings It is due to myself to say that I did not favor