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this section of the amendinent in the committee. I do not believe, if adopted, it will be of any practical benefit to the country. It will not prevent rebels from voting for members of the several State Legislatures. A rebel, notwithstanding this clause, may vote for a member of the State Legislature. The State Legislature may be made up entirely of disloyal elements, in consequence of being elected by a rebel constituency. That Legislature when assembled has the right, under the Constitution, to appoint presidential electors itself if it shall choose to do so, and to refuse to refer that question to the people. It is the right of every State. It is very probable that the power of the rebel States would be used in exactly that way. We should therefore gain nothing as to the election of the next or any future President of the United States. Rather than this, I should prefer a clause prohibiting all persons who have participated in the rebellion, and who were over twenty-five years of age at the breaking out of the rebellion, from all participation in offices, either Federal or State, throughout the United States. I think such a provision would be a benefit to the nation. It would ostracize the great mass of the intelligent and really responsible leaders of the rebellion.

Mr. CLARK. I will state to the Senator

that I have drawn an amendment something of this kind, which I will read, to see how it would meet his view, if he will permit me at this time:

no more time upon it. It gives to Congress power to enforce by appropriate legislation all the provisions of this article of amendment. Without this clause, no power is granted to Congress by the amendment or any one of its sections. It casts upon Congress the responsi

to extinguish this debt, to put it beyond the
pale of party controversy, to put it out of sight,
and to bury it so deep that it can never again
be raised to life in such manner as to become
a theme of party discussion. The amount of
that debt is probably not less than five billion
dollars. We do not know its exact amount,bility of seeing to it, for the future, that all the
and I am not sure that it is possible ever to
ascertain it; but if there should ever be a fair
prospect of its assumption by the United States
or by the States it is perfectly certain that the
evidences of it would multiply thicker than the
leaves in Vallombrosa. Those evidences are
a great curiosity in the history of commercial
affairs. I hold in my hand a specimen of the
confederate currency. I will read it for the
information of Senators and to give it a per-
manent registration among our proceedings:

No. 81413.

RICHMOND, December 1, 1862.

Six months after the ratification of a treaty of
peace between the Confederate States and the United
States of America, the Confederate States of America
will pay to the bearer on demand $100.
Signed by the Treasurer and countersigned by the
Begister of the Confederate States of America, at

Such is the kind of commercial security upon
which the rebellion was chiefly waged against


The confederacy issued its promises payable six months after a treaty of peace should be ratified between these States and the United

States. I hardly think that in a lawyer's office that would be regarded as negotiable paper. I doubt very much whether the bearer of such a That no person shall be a Senator or Representa-security would be able to sue upon it, even in

tive in Congress or permitted to hold any office under the Government of the United States who, having previously taken an oath to support the Constitution thereof, shall have voluntarily engaged in any insurrection or rebellion against the United States, or given aid or comfort thereto.

That would exclude all those who had taken an oath to support the Constitution of the United States, thereby acknowledged their allegiance to that Government, and had proved false to that oath by joining the rebellion.

Mr. HOWARD. I am by no means sure that I should not be quite willing to support such an amendment as that suggested by the honorable Senator from New Hampshire.

Mr. JOHNSON. Will the honorable member from New Hampshire inform me whether he proposes to offer that as an amendment?

Mr. CLARK. That was my idea in drawing it. Mr. HOWARD. The fourth section of this amendment declares that

Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor.

I take it for granted that no member of this body would oppose the adoption of this section of the amendment. I do not believe the people of the United States will object to declaring that the whole of the rebel debt shall be eternally repudiated and extinguished—a debt contracted in the prosecution of the most wicked war with which the earth was ever cursed, against a Government that was never felt by them except in the benefits it conferred. Such a debt can never be assumed or paid by the loyal people of the United States, and if suffered to remain in quasi existence it can only be left in that condition as a subject of political squabbling and party wrangling.

The assumption of the rebel debt would be the last and final signal for the destruction of the nation known as the United States of America. Whatever party may succeed in so wicked a scheme, by whatever name it may be called and under whatever false guises or pretenses it may operate, if it succeed in assuming this indebtedness, puts an end first to the credit of the Government, and then, as an unavoidable consequence, to the Government itself. I do not propose to spend time upon this branch of the subject. I simply refer to it as a necessity of such magnitude as in my judgment to demand our action and the action of the States of the

Union without delay. It is necessary to act,

a court of South Carolina. It is payable not
exactly upon the happening of a contingency,
but upon the happening of what is and ever will
be a total impossibility. "Six months after a
treaty of peace." It is not yet due, and of course
never will become due. It was never expected
to become due by any man who had a thimble-
full of brains; but was used as part of that vast
system of humbug, deception, and imposture
by which the southern people were deluded.
Their bogus government never expected to
pay it.

Sir, the peace of the country ought not to be
disturbed or jeoparded by the agitation of any
such question as the assumption of the rebel
debt. It becomes the character and dignity
of the Government, which has spent so much
of treasure and blood in putting down this
wicked rebellion, to give an assurance to the
people of the United States, whether loyal or
disloyal, and to all the people of the civilized
world, that this rebel debt thus contracted is
never to be paid, that it shall never be recog-
nized as the foundation of any claim or any
contract whatever; and such an assurance will
be also an especial compensation to the hold-
ers of the cotton loan" in England, which
has created so much sensation both on the
other side of the Atlantic and on this. I con-
fess I am not without a little anxiety on this
point. I wish to give those martyrs to the
cause of the "confederate States of America,
those who so generously lent that mushroom
government their cold cash upon the promises
contained in the cotton bonds, a final assur-
ance as to the real value of their securities, and

that they are never to look to the United States
or to any State of the Union for indemnity on
account of moneys advanced by them in the
piratical scheme of destroying the Government
of the United States. Sir, I do not believe in
paying traitors, nor do I believe in indemnify-
ing men abroad who, with their eyes open and
a malignity in their heart beyond all parallel,
gave them aid and comfort. Nor do I see the
propriety of keeping this question open before
the country, and enabling the foreign holders
of cotton bonds to keep the political atmos-
phere of this country in a turmoil for the future
with a view ultimately of getting their pay from
somebody. It is time for us to put our hands
upon this whole thing and to extinguish all

The next clause is a very simple one. I have
already remarked upon it; and shall spend

sections of the amendment are carried out in good faith, and that no State infringes the rights of persons or property. I look upon this clause as indispensable for the reason that it thus imposes upon Congress this power and this duty. It enables Congress, in case the States shall enact laws in conflict with the principles of the amendment, to correct that legislation by a formal congressional enact


Mr. WADE. I move to amend the joint resolution by striking out all after the word "article" in line eight, and substituting the proposition which I send to the Chair to be read.

The Secretary read the words proposed to be inserted, as follows:

SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of persons born in the United States or naturalized by the laws thereof; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SEC. 2. No class of persons as to the right of any of whom to suffrage discrimination shall be made, by any State, shall be included in the basis of representation, unless such discrimination be in virtue of impartial qualifications founded on intelligence or property, or because of alienage, or for participation in

rebellion or other crime.

SEC. 3. The public debt of the United States, including all debts or obligations which have been or may hereafter be incurred in suppressing insurrection or in carrying on war in defense of the Union, or for payment of bounties or pensions incident to such war and provided for by law, shall be inviolable. But debts or obligations which have been or may hereafter beincurred in aid of insurrection or of war against the United States, and claims of compensation for loss of involuntary service or labor, shall not be assumed or paid by any State nor by the United States. SEC. 4. The Congress shall have power to enforce by appropriate legislation the provisions of this article.

Mr. WADE. I do not rise now for the purpose of arguing this question at any length; and it is with very great deference that I offer an amendment to the proposition reported by the committee who have had this particular subject under consideration so long. I know that they are infinitely more competent than I am to deal with it; but there are so many conflicting views in regard to this whole matter, and it is so vitally important to the interests of the country that we get the proposition upon which we shall unite as near right as we can, that after all it seems to me to be proper that every Senator who believes he can by possibility improve the plan which has been brought forward by the committee should offer his amendment for the consideration of the body. I do not know that the proposition which I have now submitted will be deemed an improvement upon what they have brought for ward; but nevertheless there are some things in it that appear to me to be better, and an improvement upon their report.

In the first section of the proposition of the committee, the word "citizen" is used. That is a term about which there has been a good deal of uncertainty in our Government. The courts have stumbled on the subject, and even here, at this session, that question has been up and it is still regarded by some as doubtful. I regard it as settled by the civil rights bill, and, indeed, in my judgment, it was settled before. I have always believed that every per son, of whatever race or color, who was born within the United States was a citizen of the United States; but by the decisions of the courts there has been a doubt thrown over that subject; and if the Government should fall into the hands of those who are opposed to the views that some of us maintain, those who have been accustomed to take a different view of it, they may construe the provision in such a way as we do not think it liable to construction at this time, unless we fortify and make it very strong and clear. If we do not do so

there may be danger that when party spirit runs high, it may receive a very different conatruction from that which we would now put upon it. I find that gentlemen doubt upon that subject, and I think it is very easy now to solve that doubt and put the question beyond all cavil for the present and for the future.

In the first clause of the amendment which I have submitted, I strike out the word "citizens," and require the States to give equal rights and protection of person and property to all persons born in the United States or naturalized under the laws thereof. That seems to me to put the question beyond all doubt.

The Senator from Maine suggests to me, in an undertone, that persons may be born in the United States and yet not be citizens of the United States. Most assuredly they would be citizens of the United States unless they went to another country and expatriated themselves, if they could do so by being adopted in that other country by some process of naturalization that I know nothing about; for I believe the countries of Europe-certainly it is so in England-have always held that a person born within the realm cannot expatriate himself and become a citizen of any other country or owe allegiance to any other country. I think, then, the first section of my amendment covers the whole ground.

Mr. FESSENDEN. Suppose a person is born here of parents from abroad temporarily in this country.

and the white population, and it makes several
other discriminations; and therefore it is, and
will be at all times, perfectly easy and practi-
cable to ascertain exactly how much of the
population of a State shall be counted in the
basis of representation under my amendment. |
Under the other proposition, it seems to me,
you must have a census commission all the
time in operation in order to keep pace with
the variations that will take place from time to

Under this amendment you ascertain the
classes of the population, and when any dis-
crimination shall be made upon any of these
subjects the whole of that particular class will
be excluded. There is only one question to
be determined. If the exclusion is because
of race or color, the question is what amount
of colored population is there in the State,
and in exactly that proportion she is to lose
representation. If any class is deprived of the
privilege of voting there should certainly be
some restriction on the representation of the
State which excludes them. In that particu-
lar I think my amendment is a great improve-
ment on the provision reported by the com-
mittee. My amendment is such that a calcu-
lation can very easily be made of what the
restriction of representation is under it. I have
not myself calculated it; but we know that
some of the States would lose more than half
their representation; South Carolina would,
and I think Mississippi would, and some other
of the States would lose largely if they ex-
cluded their colored population from voting;
and I think they ought to be restricted in the

the whole.

Mr. WADE. The Senator says a person may be born here and not be a citizen. I know that is so in one instance, in the case of the children of foreign ministers who reside "near" the Uni-proportion that the excluded portion bear to ted States,in the diplomatic language. By a fiction of law such persons are not supposed to be residing here, and under that fiction of law their children would not be citizens of the United States, although born in Washington. I agree to that, but my answer to the suggestion is that that is a simple matter, for it could hardly be applicable to more than two or three or four persons; and it would be best not to alter the law for that case. I will let it come under that well-known maxim of the law, de minimis lex non curat. It would make no difference in the result. I think it better to put this question beyond all doubt and all cavil by a very simple process, such as is the language of the first section of the amendment I have offered. I do not know that the corresponding section reported by the committee would leave the matter very doubtful; but that which I have proposed is beyond all doubt and all cavil now and hereafter, and it is as easy to adopt it as it is the other. I regard it as an improvement, and therefore I think it ought to be adopted.

The second section is in regard to the apportionment of representation; and here I like the provision I have proposed better than the corresponding one of the committee. There is no doubt or cavil about it; and it contains some elements which I think make it entirely preferable to the other proposition. There are some reasons, and many believe there are good reasons, for restricting universal suffrage, and upon such principles as not to justify the inflicting of a punishment or penalty upon a State which adopts restricted suffrage. It is already done in some of the New England States-in Massachusetts, for instance. I believe the constitution of that State restricts the right of suffrage to persons who can read the Constitution of the United States and write their names. I am not prepared to say that that is not a wise restriction. At all events, a State has the right to try that experiment; but if she tries it, under the report of the committee she must lose, in the proportion that she has such persons among her inhabitants, her representation in Congress. I do not think that ought to be so. I think we should leave the subject open to the States to act as they see fit about it. I think my amendment in this respect is plainer and more practicable than the proposition of the committee. The entire population is taken, in the first instance, as a basis. The census always discriminates between the black 39TH CONG. 1ST SESS.No. 174.

the United States. They ought to be there, along with your public debt. I think no gentleman will deny that it is very essential that the debt incurred in this war should be placed under the protection of the Constitution of the United States, especially when we are now prosecuting a doubtful war with your Executive as to whether open and hostile rebels shall not have seats in Congress. If they are admitted here to act with their sympathizers at the North, who have constantly opposed every policy that looked to the remuneration of those engaged in the war on our part, who have been opposed to every war measure, who voted against paying your Army in the field, or doing anything to defend the country, what will be the result? Under the dictation of such a policy, should it prevail, who can guaranty that the debts of the Government will be paid, or that your soldiers and the widows of your soldiers will not lose their pensions? I hope that whether my amendment be adopted or not, any amendment to the Constitution which shall finally prevail will contain a clause like this.

Mr. President, I have stated nearly all the differences between my amendment and the proposition of the committee. I have left out of the amendment the third section of the res olution, because as the Senator from Michigan has said it does not seem to me to amount to much. Practically I do not believe it would. have any effect. I am for excluding those who took any leading part in the rebellion from exercising any political power here or elsewhere now and forever; but as that clause does not seem to effect that purpose, and will probably effect nothing at all, I do not think it is of any consequence that it should have a place in the measure. I hope another clause will be placed there by the amendment suggested by the Senator from New Hampshire. I shall be very glad to see that adopted either as an amendment to my proposition, if it should prevail, or, if not, as an amendment to the original proposition.

In the next place, my amendment prohibits and renders null and void all obligations incurred in rebellion and insurrection against the United States or for the purpose of aiding rebellion or insurrection; and in that particular it is precisely the same as the corresponding section of the original proposition which was so eloquently defended and enforced by the Senator from Michigan. I agree with all that I have seen other suggested amendments he said on that subject, and the proposition which I should like to have prevail. The Senreported by his committee and the one I have ator from Nevada [Mr. STEWART] has submitsubmitted are the same in that respect; but ted a proposition which in my judgment is of then my amendment goes to another branch of the most important and essential character. this business almost as essential as that. It puts Could my voice and my vote prevail to give the debt incurred in the civil war on our part efficacy to his proposition, he should not fail under the guardianship of the Constitution of to have it. I am for suffrage to our friends in the United States, so that a Congress cannot the South, the men who have stood by us in repudiate it. I believe that to do this will give this rebellion, the men who have hazarded great confidence to capitalists and will be of their lives and all that they hold dear to defend incalculable pecuniary benefit to the United our country. I think our friends, the colored States, for I have no doubt that every man who people of the South, should not be excluded has property in the public funds will feel safer from the right of voting, and they shall not be when he sees that the national debt is with- if my vote and the votes of a sufficient numdrawn from the power of a Congress to repuber who agree with me in Congress shall be diate it and placed under the guardianship of the Constitution than he would feel if it were left at loose ends and subject to the varying majorities which may arise in Congress. I consider that a very beneficial provision, which is not in the original proposition.

This section of my amendment goes further, and secures the pensioners of the country. We ought to do something to protect those wounded patriots who have been stricken down in the cause of their country, and to put the security of their pensions and their means of support beyond the power of wavering majorities in Congress, who may at some time, perhaps, be hostile to the soldier. In the condition of things around us we have no great guarantee now that rebels will not ere long be in these Halls, deadly hostile to everything that shall benefit the soldier who was used as an instrument in their downfall and their conquest. Let the policy which I understand to be that now prevailing at the other end of the avenue be adopted, and we have no security and no guarantee that the widow of your dead soldier, who died in the cause of his country, will not be deprived of the pittance that we give her as a support. I am anxious to put the pensions of our soldiers and their widows and children under the guardianship of the Constitution of

able to carry it. I do not agree in this particular with the Senator from Michigan. He yields to the provision in the committee's resolution on the subject reluctantly, because he does not believe three fourths of the States can be got to ratify that proposition which is right and just in itself. My own opinion is that if you go down to the very foundation of justice, so far from weakening yourself with the people, you will strengthen yourself immensely by it; but I know that it is not the opinion of many here, and I suppose we must accommodate ourselves to the will of majorities, and if we cannot do all we would, do all we can. I propose for myself to contend for all I can get in the right direction, and finally to go with those who will give us anything that is beneficial. That is my doctrine. I wish and I hope that on due reflection the Senate will adopt the amendment of the Senator from Nevada, at least as an alternative to some of these propositions, leaving the States to take his proposition if they will in lieu of the one we give to them. I should like to see even that, for I believe they would take his in preference to the one we shall probably give them.

But, sir, notwithstanding I say all this, I am not finding fault with the doings of the com

mittee. I know the difficulties of their task. I know the great variety of opinions that prevail on this subject. I know its importance. I know that the committee has been most unreasonably assailed from outside because it has not earlier brought forth its measures. My only wonder is that they could finish their labors and bring forward these propositions one after another as they have done, and so satisfactorily as they have. When I offer this amendment of mine, I only do it for the consideration of the Senate, and not because I have the vanity to suppose that I could improve anything they had agreed upon. It may be that after men have struck out a course of proceeding, have broken the road, and submitted their doings to us, it is easy to criticise and sometimes easy to amend. That is all I claim. I do not suppose that if I had been on the committee I could have drawn up a proposition so good as this is that they have brought forward; and yet it seems to me, having the benefit of what they have done, that looking it over, reflecting upon it, seeing all its weak points, if it have any, I could, without having the ability of that committee, suggest amendments that would be beneficial. I trust I have done so, or certainly I would not have brought this forward. If it meets the approval of the Senate I shall be glad, because to me it seems to be better; but if not, I shall go for their proposition. All I wished to do now was barely to bring my amendment before the Senate and submit it for their consideration. Hereafter, perhaps, I may or may not have something more to say about it.

Mr. WILSON. If the Senator from Ohio intends to press this amendment to a vote I trust he will consent to some modification of it. In the second section I think the word "property" should be stricken out. That section reads, "no class of persons as to the right of any of whom to suffrage discrimination shall be made by any State shall be included in the basis of representation, unless such discrimination be in virtue of impartial qualifications founded on intelligence or property, or because of alienage, or for participation in rebellion or other crime." I certainly think we ought not to put the word "property" as a qualification for suffrage in this country into the Constitution of the United States. are to have anything of that kind I think it should be a qualification on account of taxation, not on account of property, but taxation, paying a proportionate part to support the Government. I do not think such a qualification as this should go in the Constitution, and I cannot vote for this proposition as against the proposition of the committee. Then there are words in the third section that I think should be stricken out. Those words are, "and shall not be taxable by any State."

If we

Mr. WADE. Those words are not in the amendment I have offered. They were in the amendment as first submitted and printed, but they are stricken out of the amendment as now offered.

Mr. FESSENDEN. I think the proposition had better be printed as it now stands amended. Mr. WADE. Very well.

Mr. WILSON. I am very glad that the Senator from Ohio has stricken out those words which were in his original amendment. I wish simply to say upon that point, that for one, I can consent to vote for no proposition that does not go squarely to the country, that the national debt hereafter created shall be taxed like all other property. I do not believe in the wisdom of having two or three thousand millions of capital in this country placed beyond taxation. We did it in time of war, in an hour of need. I will adhere to that with all fidelity. It is as sacred as any pledge we ever made, as sacred as the blood of our soldiers. But I will consent to no measure that changes one dollar of that property into a new loan, and does not subject it to taxation equally and like all other property. I believe the safety of the debt itself demands that.

Mr. WADE. Nothing more need be said

about taxation, for that is not in the amendment I have offered. It was in the printed copy I first submitted; but on consideration I struck that out, thinking the amendment would be better without it, more acceptable to the Senate, and certainly more acceptable to myself. As to the suggestion of the Senator from Massachusetts that the word "property' should be stricken out I will say that there is no member of the Senate more opposed to making a property qualification for voting than I am. I never would vote for it nor submit to it if I could help it. But it is presented here only as one of those alternatives which the States may adopt. Some of them have adopted it before, and may do so again. It is only to be left optional with them to do this and other things. We do not recommend that they should do it; we do not recommend even an educational basis; we simply present the matter to the States. As a general thing the bias of my mind is entirely in favor of free suffrage to every man who is subject to the laws, in the language of Madison. That is the principle which would govern me if the matter were left to me; but we are now legislating with regard to the States, giving them a right to fix this matter for themselves.


If the State of which I am a member, where I could reach it, should undertake to prescribe a property qualification, you would find me opposed to it all the time. I am not very averse to an amendment of my proposition which shall strike out the word property." I simply thought it would be as well to leave that matter to the States and not to restrict their representation if they should adopt a property qualification applied to all, giving equal suffrage, making no class discrimination. I am not very much opposed to striking out the word " property;" I should not like to lose a vote for my amendment on that account, although I did not suppose it was placed in my amendment in such a position as to subject me to the suspicion of being in favor of the property qualification. If the Senate is opposed to it, I am perfectly willing that that word shall be stricken out, as I think it can be without mutilating my amendment. I now move that the amendment be printed in the form in which I have submitted it. The motion was agreed to.

Mr. WILSON. As amendments are being offered, I desire to submit an amendment, for the purpose of having it printed, to the second section of the article reported by the committee, and also an amendment to the third section.

Mr. JOHNSON. I ask for the reading of them.

The Secretary read the amendment proposed by Mr. WILSON to the second section, which was to strike out the section and in lieu of it to insert the following words:

Representatives shall be apportioned among the several States according to their respective numbers; but if in any State the elective franchise is or shall be denied to any of its inhabitants, being male citizens of the United States, above the age of twenty-one years, for any cause except insurrection or rebellion against the United States, the basis of representation in such State shall be reduced in the proportion which the number of male citizens so excluded shall bear to the whole number of male citizens over twenty-one years of age.

Mr. WILSON. Before the other amendment is read, I wish to state in a single word the distinction between the proposition just read and the section of the committee's proposition for which it is offered as a substitute. In the original proposition the language is "citizens of the State," in this it is inhabit

ants being male citizens of the United States." I think the distinction is of vital importance. Now, let the Secretary read my other proposition.

The Secretary read the proposed amendment, which was to strike out section three, and in lieu of it to insert the following:

That no person who has resigned or abandoned or may resign or abandon any office under the United States, and has taken or may take part in rebellion against the Government thereof, shall be eligible to any office under the United States or of any State. Mr. WILSON. I will simply say in regard to this proposition, which I desire to have

printed, that I am in favor of striking out the third section of the proposition of the committee, and I prefer simply to strike it out rather than to insert anything in place of it; but I submit this motion so that if we are to have anything inserted in its place, we shall give the people an opportunity of voting upon a propo sition which says that the men who resigned or abandoned offices under the Government of the United States, whether civil or military, aud engaged in rebellion, shall never hold any office under the Government of the United States, or under any State.

Mr. FESSENDEN. I wish to suggest to my friends that if they desire to offer amendments it would be better to move each amendment separately, either in the place of some section in the resolution reported by the committee, or as an addition. The difficulty of presenting propositions together as a substitute for the whole is that we are compelled to vote upon them as a whole. If a Senator wishes to substitute one provision for another, let that be a motion distinct by itself.

Mr. WILSON. Mine is.

Mr. FESSENDEN. But the honorable Senator from Ohio has moved a substitute for all the five sections of the article reported by the committee. Perhaps I might vote for some one of the sections he proposes, but I cannot for all together. The purpose can be accomplished by simply moving one section as a substitute for another, or by offering his amendments as additional provisions.

Mr. WADE. Well, I can take that course. The PRESIDING OFFICER, (Mr. HexDRICKS in the chair.) But one of the amend ments proposed by the Senator from Massachusetts is now in order. The Chair understands the Senator, however, to propose his two amendments simply with a view of their being printed. Is there any objection to the reception of both amendments with a view to their being ordered to be printed?

Mr. CLARK. I suppose these amendments are all offered for the purpose of bringing them to the knowledge of the Senate and having them printed, and that no rule of the body will be enforced upon them.

The PRESIDING OFFICER. If that be the unanimous wish of the Senate, it will be so ordered.

Mr. CLARK. I propose to offer as an amendment to the third section the proposition which I read some time ago to the Senate, but it would not be in order for me to do so now if any rule of the Senate was to be enforced upon it. I desire to offer an amendment to the third section, for the purpose of having it printed.

The PRESIDING OFFICER. If there be no objection the order will first be made to print the amendments submitted by the Senator from Massachusetts. The Chair hears no objection.

Mr. CLARK. I desire to offer this as a substitute for the third section of the committee's resolution:

No person shall be a Senator or Representative in Congress, or be permitted to hold any office under the Government of the United States, who, having previously taken an oath to support the Constitution thereof, shall have voluntarily engaged in any insurrection or rebellion against the United States, or given aid or comfort thereto.

I wish also to propose an amendment to the section in regard to the rebel debt, in these


Debts incurred in aid of rebellion or war against the United States are illegal and void, shall not be enforced in any court, or assumed or paid by the United States or any State, or by its authority, nor shall any compensation ever be made for the loss or emancipation of any slave.

I prefer to make the provision in regard to the rebel debt a little more specific and to go a little further. I am not content to say that it shall not be paid by the United States or any State, but I want to say that it shall not be enforced in any court, either in an action or by way of set-off'; nor shall any debt incurred by any city or municipal corporation in aid of rebellion ever be paid. I do not want that any citizen of my State or any citizen of any other

loyal State who shall go down into that country shall ever be taxed to pay one cent of the rebel debt, and I want to say to the world that every particle of it is to be forever repudiated and remain unpaid, that we will not acknowledge it or suffer any of our courts to enforce it.

Mr. JOHNSON. Was the first amendment of the Senator proposed as a substitute for the third section?


Mr. GRIMES. I move that the Senate proceed to the consideration of executive busi


The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.

WEDNESDAY, May 23, 1866.

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and


Mr. BERGEN asked indefinite leave of absence for Mr. TABER. Leave was granted.


Mr. CLARK. Yes, sir. The third section does not seem to be satisfactory to a great many persons, and yet I think something of the kind, looking toward the exclusion of many of those who participated in the rebellion from participation in the administration of our Gov-approved. ernment, is desirable. The section as it stands in the committee's plan provides that no person who has been engaged in the rebellion shall be allowed to vote until 1870. That is about four years off. Now, it will probably be a year and a half before this amendment can be agreed to by the States; they will be allowed to have until that time; and then it will only be an exclusion for a couple of years. I am afraid that the obstruction they will make to the adoption of the plan will be more serious than all the advantage we can derive from it. I much prefer that you should take the leaders of the rebellion, the heads of it, and say to them, "You never shall have anything to do with this Government," and let those who have moved in humble spheres return to their loyalty and to the Government.

Mr. HOWARD. Allow me to suggest to the Senator from New Hampshire, by way of amendment to the amendment offered by him to the third section, that he strike out the word "voluntarily," so as to exclude that class of persons absolutely without qualification.

Mr. CLARK. I shall have no objection to any amendment of that kind.

Mr. HOWARD. Any person who has taken an oath to support the Constitution as a member of Congress or as a Federal officer must be presumed to have intelligence enough if he entered the rebel service to have entered it voluntarily. He cannot be said to have been forced into it by pressure; but as the amendment of the honorable Senator now stands it leaves open as a question of fact whether he actually entered the rebel service voluntarily or involuntarily.

Mr. CLARK. I will adopt the suggestion of the Senator from Michigan, and I will adopt any other suggestion that seems proper in regard to this amendment. I throw it out merely as a general idea or proposition. It may not be satisfactory to all minds; it may need amendment; it may possibly go too far; but I throw it out to the Senate and desire to have it printed as embracing a general proposition the main feature of which I think should be agreed to, and as a substitute for the third section proposed by the committee.

Mr. HOWARD. I am inclined to think I will support that amendment with that modification.

Mr. CLARK. I do not propose further to discuss the subject, but submit the amendment and ask that it be printed.

The PRESIDING OFFICER. The amendment proposed by the Senator from New Hampshire will be printed, unless there be objection.

Mr. BUCKALEW. I desire also to submit an amendment with a view to have it printed. The PRESIDING OFFICER. The Chair will receive the amendment and an order will be entered for its printing if there be no objec


The amendment of Mr. BUCKALEW is to add to the resolution the following additional section:

SEC. 6. This amendment shall be passed upon in each State by the Legislature thereof which shall be chosen, or the members of the most popular branch of which shall be chosen next after the submission of the amendment, and at its first session; and no acceptance or rejection shall be reconsidered or again brought in question at any subsequent session; nor shall any acceptance of the amendment be valid if made after three years from the passage of this resolution.

Mr. McRUER, by unanimous consent, reported back from the Committee on the Post Office and Post Roads a joint resolution (H. R. No. 142) authorizing the Postmaster General to pay additional salary to letter carriers in San Francisco.

The joint resolution, which was read, proposes to authorize the Postmaster General to pay to letter carriers in San Francisco such additional salary above that provided by law as may be necessary to procure competent persons for such service.

Mr. LE BLOND. I desire to suggest that this joint resolution ought to provide some limit. In its present form it gives to the Postmaster General unlimited power.

Mr. McRUER. I beg leave to say that it gives to the Postmaster General the same authority which has been given to the Secretary of the Treasury and the Commissioner of Internal Revenue, to pay only so much additional salary as may be necessary to secure competent persons to do the service. It is not to be presumed that he will give any more. Thus far, the letter delivery has not been established in San Francisco in consequence of the inadequate compensation allowed by law. This joint resolution only allows the Postmaster General to give a small additional compensation that may be necessary to secure carriers.

Mr. LE BLOND. I would suggest to the gentleman that the resolution does not limit the additional amount to be paid; it gives the Postmaster General unlimited power. If the res olution were so amended as to authorize him to allow additional pay, not exceeding a certain amount, it would limit the power of the Postmaster General. It seems to me it ought to do that.

Mr. McRUER. I do not think there is any necessity for that. It is not to be presumed that the Postmaster General will spend any more money for his Department than is absolutely necessary.

The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time and passed.

Mr. McRUER moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.


On motion of Mr. JULIAN, by unanimous consent, Senate amendments to the bill (H. R. No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, were taken from the Speaker's table and read, as follows:

First amendment:

Amend the first section by striking out all after the words "sixty-four" in line ten down to and including the word "patent" in the fifteenth line, so that the party will be allowed to enter one hundred and sixty instead of eighty acres of land.

The amendment was non-concurred in.
Second amendment:

Insert in line twenty, after the word "lands" in


the proviso at the end of the bill, the words
lands mainly valuable for timber and not suitable
for cultivation;" so that the proviso will read:
And provided further, That no mineral lands or
lands mainly valuable for timber and not suitable
for cultivation shall be liable to entry and settlement
under its provisions.

The amendment was non-concurred in.
Third amendment:

Add as a new section the following:

And be it further enacted, That the person applying for the benefit of this act shall, upon application to the register of the land oflice in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of a family, or is twenty-one years or more of age, or shall have performed service in the Army or Navy of the United States, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever; and upon filing the said affidavit with the register or receiver, and on payment of five dollars, he or she shall thereupon be permitted to enter the amount of land specified: Provided, however, That no certificate shall be given, or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiraton of such time or at any time within two years thereafter, the person making such entry, or, if he be dead, his widow: or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, and that he will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at the time a citizen of the United States, shall be entitled to a patent, as in other cases provided by law: And provided further, That in case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of said infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell said lands for the benefit of said infants, but for no other purpose; and the purchaser shall acquire the absoluto title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and the sum of money herein specified.

The amendment was non-concurred in.
Fourth amendment:

Add as a new section the following:

SEC. 3. And be it further enacted, That all the provisions of the said homestead law, and the act amendatory thereof, approved March 21, 1863, so far as the same may be applicable, except so far as the same are modified by the preceding sections of this act, are applied to and made part of this act as fully as if herein enacted and set forth.

The amendment was non-concurred in.

Mr. JULIAN. I move that the House appoint a committee of conference to act with a similar committee of the Senate on the disagreeing votes of the two Houses. The motion was agreed to.


Mr. TROWBRIDGE, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled a bill (H. R. No. 193) entitled "An act for the relief of Mrs. William L. Herndon ;" which was thereupon signed by the Speaker.


Mr. ELIOT. I ask unanimous consent to report back from the Committee on Commerce a joint resolution (H. R. No. 116) to prevent the introduction of cholera into the ports of the United States, with certain Senate amendments, in which the committee recommend


The amendments were read, as follows:
First amendment:

In line one strike out the word "President" and insert in lieu thereof the words "Secretary of the Treasury."

Second amendment:


In line seven strike out the word" President" and insert in lieu thereof the words Secretary of the Treasury."

Third amendment: Strike out all after the word "to" in line seven down to and including the word "patients" in line thirteen, and insert in licu thereof the following:

Direct the revenue officers and the officers commanding revenue-cutters to aid in the execution of such quarantine, and also in the execution of the health laws of the States respectively, in such manner as may to him seem necessary.

Fourth amendment:

Add at the end of the bill the following: Provided, That the authority hereby granted shall expire on the first Monday in January, A. D. 1867.

Mr. LE BLOND. Reserving the right to object, I wish to ask one question-whether this does not take from the President the appointing power and confer it upon the Secretary of the Treasury.

Mr. ELIOT. No, sir, not at all. I will state what I understand to be the reason of this change. As the House passed the resolution it provided that the President, through the Secretary of War, should when necessary authorize the military and naval forces to enforce through certain southern States quarantine laws. The Senate changed that whole provision so as to authorize the Secretary of the Treasury to direct revenue officers and officers commanding revenue-cutters to aid all the States in the enforcement of their different quarantine regulations. It has no reference to appointments at all. I call the previous question.

Mr. LE BLOND. I have not had an opportunity to examine the bill to see what the amendments are, and for the present I shall have to object to its consideration.

Mr. ASHLEY, of Ohio. The gentleman cannot do that now.

The SPEAKER. The gentleman reserved the right to object.


Mr. ROSS, by unanimous consent, submitted the following resolution; which was read, and under the law referred to the Committee on Printing:

Resolved, That in view of the great demand for and high appreciation of the Report of the Commissioner of Agriculture for the year 1864, by the agriculturists of the country, the Committee on Printing be instructed to inquire into the expediency of having printed for distribution an extra number of copies, equal to the number published for the year 1863.


Mr. WINDOM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:

Resolved, That the Secretary of the Interior be directed to examine into and inform the House, as. soon as practicable, how much money has heretofore been appropriated for the erection of school-houses and the maintenance of schools at the different Indian agencies within the Dakota Indian superintendency, and the manner in which the same has been expended, together with the present condition of said agencies and the manner in which the business of said superintendency and agencies has been conducted.

MARRIAGES IN DISTRICT OF COLUMBIA. Mr. PATTERSON, by unanimous consent, introduced a bill for legalizing marriages, and for other purposes, in the District of Columbia; which was read a first and second time, and referred to the Committee for the District of Columbia.


Mr. BIDWELL, by unanimous consent, moved that the Committee on Agriculture be discharged from the further consideration of House bill No. 423, donating public lands to the American Forest Tree Propagation and Land Company, for conducting experiments respecting forest-tree culture calculated to prevent the destruction and encourage the production of forests in America, and that the same be laid upon the table.

The motion was agreed to.


Mr. PRICE demanded the regular order of business.

The SPEAKER stated the morning hour had commenced, and the House resumed the consideration of House bill No. 613, to continue in force and amend an act entitled "An act to establish a Bureau for the Relief of Freedmen and Refugees," and for other purposes.

The reading of the bill, begun yesterday, was then concluded.

Mr. ELIOT. I have two or three amendments to offer. I move in line five, section one,

to strike out "three" and insert "two;" so it authorizes the appointment of two assistant will read:

That the act to establish a Bureau for the Relief of Freedmen and Refugees, approved March 3, 1865, shall continue in force for the term of two years from and after the passage of this act.

The amendment was agreed to.

Mr. ELIOT. I move in the third section after the word "clerk" to insert the words "not heretofore authorized by law."

The amendment was agreed to.

Mr. CHANLER. Is the printed bill upon our table?

The SPEAKER.. It was ordered to be printed yesterday, and is now ready for distribution.

Mr. ELIOT. I move in section five to insert "one" instead of "three;" so it will read "one million acres."

The amendment was agreed to.

Mr. CHANLER. I desire to know wherein this bill differs from the one recently vetoed by the President.

Mr. ELIOT. I will answer that presently. Mr. CHANLER. I expect the gentleman to answer it, for it is vital to the bill.

Mr. ELIOT. I now move to recommit the bill.

Mr. Speaker, I will endeavor to explain the bill, and to answer the inquiry of the gentleman from New York. I propose to take up the bill section by section.

The first section continues the bureau for a term of two years. Gentlemen will see that that differs from the bill vetoed by the President, which was indefinite in its duration. This continues the bureau for two years, and removes one objection. If it becomes necessary at the end of that time further to continue the bureau Congress will take whatever action may be deemed proper.

The second section provides the care of the bureau shall be extended to all loyal refugees and freedmen. This is necessary. The law of March, 1865, was passed before the amendment abolishing slavery. It was passed before any slaves were made free except by military order or military proclamation. There has been no law passed since the constitutional amendment was ratified. There has been no law, therefore, as I shall show in another connection, which embraces in its affirmative provisions any freedmen except such as were declared free by the action of their own States or by the military proclamation of commanders or of the President. All other freedmen who were the subjects of emancipation by constitutional amendment are not at this time guarded by any affirmative provision of law which Congress has enacted. The second section also varies from the previous law, which did not receive the sanction of the Executive. It defines the purpose of the law in the care of the freedmen, providing that such care shall only be extended to them as shall be necessary to enable them as speedily as practicable to become self-supporting citizens of the United States, and to aid them in making the freedom which has been conferred by constitutional amendment available to them and beneficial to the Republic.

The third section simply confers upon the President the power to appoint two assistant commissioners in addition to those authorized by the act of March, 1865. That act called for the appointment of a commissioner in each of the States which had been in rebellion. It was found absolutely necessary that the care of the bureau should be extended to other States, and under the authority of law there has been no power to appoint assistant commissioners excepting in those ten States. The object of this is, therefore, simply to authorize the appointment of two more assistant commissioners.

The bill which was heretofore passed called for a territorial division of the country into districts, and it was thought unwise by the President that such power should be given and that such districting should be had. This bill contains no such provision. It simply

commissioners, and that the different commissioners, under the President, shall have charge each of one district to be assigned him by the President where his service can be best employed. The former bill was objected to upon the ground that it called for the appointment of officers, clerks, and agents in all parts of the United States, and that the possible expense might run up to a very large amount. The present bill avoids the districting of the country, and it confines the appointment of clerks or officers in this way: that the Commissioner shall, under the direction of the President, and so far as the same shall be in the judgment of the President necessary for the efficient and economical administration of the affairs of the bureau, appoint such agents, clerks, and assistants as may be required for the proper conduct of the bureau. It also provides that each agent or clerk, not being a military officer, shall have an annual salary of not less than $500, nor more than $1,200, according to the service required of him. It will be found that the amount of compensation that is fixed is so moderate and the limitation upon the appointment of clerks and agents so defined, that the bill cannot be fairly exposed to criticism of that kind. It provides that military officers may be detailed to duty, and distinctly confers upon the President the power, if in his judgment it is safe and judicious so to do, to detail from the Army all the officers and agents of this bureau; but no officer so assigned shall have increase of pay or allow ances. It also provides that the Commissioner, when it can be done consistently with public interests, may appoint, as assistant commissioners, agents, and clerks, such men as have proved their loyalty by faithful service in the armies of the Union during the rebellion.

The fourth section of the bill is rendered necessary by an inadvertent omission in the law of 1865, which provided no mode under which the Secretary of War could under that law issue medical stores. Of course it was necessary that medical stores should be issued where no other means were at hand or possible to be obtained. But the law as passed in 1865 did not contain the authority which is put in this fourth section, to issue such medical stores and other aid as may be needful for the purpose named in the section. It will be found that the suggestion which was made, I think, by the gentleman from Ohio, [Mr. SHELLABARGER,] has been adopted by providing that no person shall be deemed "destitute," "suffering," or


dependent upon the Government for sup port," within the meaning of this act, who is able to find employment, and could, by proper industry or exertion, avoid such destitution, suffering, or dependence. The last part of this section is made necessary because of this fact, that we expect very shortly that the regular medical force of the Army will be reduced to the minimum required for the service of the Army. As soon as that is done the volunteer surgeons will be mustered out of the service, and then there will be no medical force which the bureau can have the aid of, because of the fact that there will be no surgeons retained in the regular Army, whose duties will not be required for the service; and it is deemed indispensable that a provision should be made simply authorizing the Secretary of War to continue in office, as surgeons of the bureau, the volunteer officers now employed, and to fill vacancies with other volunteer surgeons unless suitable surgeons of the regular Army can be assigned to duty. If such surgeons can be made available, it will be the duty of the Commissioner to employ them; but if the surgeons of the Army are reduced to the minimum number, and no other aid can be had, then the object of this provision is to provide some surgical and medical aid for the use of the


Section five is the same as was contained in the other law excepting that instead of three millions of the public lands in the five States

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