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quite as high and as respectable, the honorable the rebellion has been crushed, to organize sort of institutions they would have; but we Senator from Kentucky, [Mr. Davis.] He themselves are not the sort of communities have, with a very narrow class of exceptions says:

that they wish to recognize. They would be founded upon crime, appealed to the whole And the question now under consideration is, I glad to have a bill passed, I do not doubt, body of the community to organize such gov. have the two Houses of Congress in their legisla which should declare that the men who were tive capacity the power to lay down certain rules

ernments, republican in form, as they should by which this office of counting the voto may be per

entitled to vote in 1860, and no others, in those think fit. Having organized them and subformed ? I think that they have. The clause in the States should be entitled now to vote for Pres. mitted them to our approval, they have been. Constitution read first by the Senator from Now ident. The honorable Senator from Pennsyl- completely restored and rehabilitated. Now. Vampshire, and subsequently by other Senators, scems to me to confer full and plenary power in rela

vania put his opposition distinctly, last night, we must decide that they, and no other organi. tion to the manner of countingthe votes upon Con to this resolution upon the ground that those zation, are the political community in those gress; and Congress may declare by its legislative action certain rules to regulato the count of the

governments that are now organized there are States; and therefore from them, and from no presidential voto."

irregular, usurpations, uncoustitutional, void other organization, can votes for President and Still later he says:

governments; and he went so far as to inti Vice President be received.

mate--but I do not wish to follow him into I should have been glad, the time would "Now, sir, as I understand the effect of this joint resolution, it is simply in a form to do that duty"

that, because that enters into the political field, permit, to make some remarks especially in Which he has described to be the duty of as.

and I desire to have this resolution cousidered reply to some of the observations of the Senacertaining whether the votes given are the votes

upon its merits and got through-he went so tor from Illinois, founded upon the fear that of the State, and he illustrates by supposing

far as to intimate that the reception of the somebody would say that this was a partisan the vote to have been given to some person

votes from those reorganized communities and movement; but I have not the time consistently whose eligibility was in question

under their authority would be resisted if | with the patience of the Senate to do that. He

they affected the result. But I will not follow of all other men, I think, ought not to be afraid that is, to ascertain whether the vote of certain States has been cast in conformity to the Constitution

him into that. I merely allude to it now so of doing what justice and propriety would seem or not, and deciding that they have not been east in far as I can legitimately, to show that here is to require on account of people finding fault conformity to the Constitution, to exclude them from a possibility of a question being raised which with his action. He has given us eminent the count. Some gentlemen hero think the election in Louisiana was illegal for one class of reasons; I

ought to be provided for in advance by the proots of his courage in that respect a great think it was illegal for another class of reasons; but | law.

many times. as we both come to the same conclusion, it is imma Other citizens of our country of great dis- || Mr. DAVIS. Mr. President, between the terial upon what grounds. The vote of that Stato istinction, the newspaper press of the country || resolution presented by the Senator from Verillegal.'

of the party to which the honorable Senator mont and the substitute offered by the Senator The honorable Senator moved an amend.

belongs, have intimated a different line of from New York, I believe there is only a ment to the joint resolution that was then pend. 1 policy, but still opening the question ; that is to formal difference. The one speaks in paring, and apparently as expressive of his views, which contains in it so clearly the precise prin

say, not only that the votes of these organized ticular terms designating States, and the other

communities should not be counted, but that in general terms, which necessarily compreciple upon which this bill proceeds that I can votes taken under some preexisting organiza hends them. I agree with the Senator from not forbear from reading it :

tion, or without any organization at all, from Vermont in one of his propositions most un"Mr. Davis. I move to amend the amendment the body of electors who by the old laws before hesitatingly, that there can be but one State by striking out all after the word 'that,' where it first occurs, and inserting:

the rebellion were entitled to vote, should be within the same limits. I lay down the fur** The States of Virginia, North Carolina, South the votes received and counted in this election ther proposition that the State, the true State, Carolina, Georgia, Florida, Alabama, Mississippi, for President. Now, all those are questions. that occupies and consists of the people within Louisiana, Texas, Arkansas, and Tennessee, are not entitled to representation in the Electoral College

They are fair questions for debate; and I re the particular boundary of a State, has the right for the choice of President and Vico President for tho spect the opinions of any Senator who believes

to elect presidential electors. terin of office commencing on the 4th day of March,

that any of these branches of the proposition I agree with the Senator in another of his 1865; and no electoral votes shall be received or counted from said States concerning the choice of

is the true one. All that I beg to remind propositions, that any law of Congress or any President and Vice President for tho said term of these Senators of is that, it being a question regulation which does not infract the Constiollice."

of dispute, the law-making power, binding tution, but which is merely directory of the At another place in the debate, which I will upon us all, upon our consciences, requires manner in which the ministerial duty of count. not occupy time in turning to, the honorable the concurrence of a majority to determine | ing the votes of the presidential electors may Senator from Wisconsin, [Mr. DOOLITTLE] the rule beforehand how this dispute shall be be prescribed by Congress; but whenever such

Mr. DAVIS. Will the honorable Senator | disposed of; that is all. There must be, in a law in any of its provisions in pinges upon give me the exact date of that debate?

the nature of things, rules where there is this any of the provisions of the Constitution, to Mr. EDMUNDS. I will give you the book possibility, a provision made which shall be a that extent it is null and void. I will read that contains the marks, so that you can look | controlling guide to the disposition of the what the Constitution says on this subject of into it. It was between the 1st and 4th of question ; and the Constitution, happily for || presidential electors: February. The debate ran through two or the peace of the country, has confided the

“Each State shall appoint, in such manner as the three days.

making of that rule, as I have shown from Legislature thereof inay direct, a number of clectors, Mr. DAVIS. What year? these debates and from the Constitution itself,

equal to the whole number of Senators and Repre

sentatives to which the State may be entitled in the Mr. EDMUNDS. Eighteen hundred and to the law, just as in all systems of civilized

Congress." sixty-five. The honorable Senator from Wis governments such questions are confided to

Now, as to what is to be done with the votes consia, (Mr. DOOLITTLE,) not now in his seat, the disposition of the law, made in advance expressed substantially the same opinions. The of the fact, and laying its calm but steadfast

of those electors when they are chosen : fault that he found with the passage of that hand upon whatever state of circumstances

"The electors shall meet in their respective States,

and vote by ballot for President and Vice President, resolution was that it was passed after the fact, and in whatever interest they may arise, when one of whom, at least, shall not bo an inhabitant of after the votes had been cast, and he contended, they do arise, impartially and according to the samo State with themselves; they shall namo in

their ballots the person voted for as President, and and with a good deal of plausibility, that the that rule; leaving no discretion to anybody,

in distinct ballots the person voted for as Vice Presilaw ought to provide in advance the rule which as the honorable Senator from Illinois sup dent; and they shall make distinct lists of all pershould govern. I cite him also as a good posed it was to do, but taking away discretion sons voted for as President, and of all persons voted authority.

for as Vice President, and of the number of votes from everybody, and pointing out, as the

for cach, which lists they shall sign and certify, and After this debate, in which all these eminent Senator confessed we were the political power ansmit sealed to the seat of the Government of the gentlemen on all sides agreed as to the power who were to point out and to ascertain, which United States, directed to the President of the of Congress and the propriety of a regulating are the States now embraced within the terri

Senate. The President of the Senate shall, in preg

ence of the Senate and House of Representatives, rule which should leave nothing to discretion tories that were the States in 1860, what polit open all the certificates, and the votes shall then bo or doubt when the event should come, the reg ical communities are the ones which are the counted." olution passed by yeas 29, nays 10, and among States ; because there cannot be two States These arc the portions of the text of the the yeas are the names of my honorable friend within one territorial boundary of a State. Constitution which settle the principles, and I from Pennsylvania, (Mr. BuckAlEW,] the Sen. There can be but one political community concede that any legislation within the limit ator from Kentucky, to whom I have referred, that is the true one; and as my honorable of those principles would be constitutional. [Mr. Davis,] the Senator from Indiana, [Mr. friend from Pennsylvania conceded last night Now, I will proceed to examine each one of HENDRICKS,) and, I believe, one or two other and it is nothing new, of course; we all under

the principles established by these provisions distinguished members of that political party. stand it-it is the political department of the of the Constitution which I have read, and I take this, in connection with the well-known Government, the law-making power, acting | endeavor to compare them with the proposiprinciples of the Constitution and of the prac through its laws which recognize that condition tion of the honorable Senator : tice of all the States, to be, what is so well called by my friend from Kentucky, plenary || We have determined as to these States we have the Legislature thereof may direct, a number of proof that we have the power to paes a bill of provided for the readmission of, who have electors." this discription, and that it is proper that we chosen to reorganize themselves after this The first question is, What is the State that is should exercise that power if there is any rea rebellion, that that political community is the to appoint in such manner as the Legislature sonable possibility that a case of dispute may State. We have not undertaken to interfere thereof shall direct, the electors to which that arise.

in that political community, as the Senator State is entitled ? It is the people of the parNow, the honorable Senators are opposed said, to compel them to organize a State. We ticular portion of the country organized into a to this resolation undoubtedly because those have not undertaken to interfere by excluding State, under a constitution formed by the peocommunities that have been permitted, after one half of the people from determining what I ple who are clothed with the political power

40TH CONG, 2D SESS.—No. 245.

of things that is to determine what the State is

...Each State shall appoint, in such manner as

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within that State. The first requisite in the but also to the second position that Congress Mr. HOWARD. What is the question?
process is that there must be a State. The had no legitimate or constitutional power to Mr. DAVIS. Where do gentlemen derive
people alone can form a State. To constitute | build up oiher States in their stead. This rea the power that anthorizes Congress to pass a

State, it must have a government, a governo soning leads me to the conclusion that electors law saying that an electoral vote for President
inent by a constitution; and that is just as chosen by the governments and the Legislatures || shall be received or shall not be received?
necessary as people or territory to constitute a of those states that were provided for by their Mr. HOWARD. As the honorable Senator
State. How is this government of constitution | previous constitutions would be literally and from Vermont, to whom the interrogatory was
10 be formed? It is to be formed by the peo- strictly in conformity to the Constitution, and
ple of the State alone. Congress has no power

more particularly addressed, las been obliged that any electors chosen by these spurious and to leave the Chamber for a moment, and 123 i form the government of a State. It has no bastard governments in those or in any of the the Senator has included others who hold with power to forin that government in whole or in other southern States that have been erected him in his interrogatory, he will pardon me for part

. It has no right to meddle with that duty by the usurped power of Congress, in con making a very brief answer. and right of the people of the State, the form- || junction with the military power of the nation, Mr. RDAVIS. I do not ask the honorable ation of their governinent, except on a single perverted to that illegitimate and unconsti Senator for an argument. I just ask him to point; and that is, to see that it is republican iutional use, with the instrumentality of the || refer me to the power. in form,

negroes, who are not entitled, constitutionally, Now, when it is inquired whether a particu.

Mr. HOWARD. Yes; I will immediately, to vote at all, are utterly null and void, and lar country being called a Staie has elected

without circumlocution; the power to suppress have no power whatever to choose electors in rebellion and to subdue insurrection. presidential electors or not, I admit that the the presidential election.

Mr. DAVIS. That is the most universal įwo Houses may and must necessarily inquire Suppose there should be two electoral tickets whether there is a State within that country.

and illimitable power that was ever contended elected from the southern States, one under for on this earth, but instead of meaning any. To reach that conclusion there must be a de. their governments that existed before the inter- thing and everything, it comprehends but a fined territory; there must be a people; there position of Congress by force to destroy them, | single, simple point; and that is to suppress must be a constitution or a form of govern and by the Legislatures of those States respecto | insurrection, and when that is done the power inent creating a Legislature; and this form of lively, and then other classes of electors chosen is as dead as a door nail. It exists no longer. government must be made by the people of or appointed by these subsequent illegitimate Mr. DRAKE. If the bonorable Senator will The State in their sole and sovereign capacity, governments. My position is that the former irrespective of any manipulation or interfer

consider me included among those to whom he would have all the legitimate and constitutional | appeals for a designation of the porer, I would ence by Congress. The government of the

power to cast the vote of their respective States State made by the people thereof must have a

give it a little different direction from that of in the presidential election, and that the latter the honorable Senator from Nichigan. The legislative body, and that legislative body that would not have a particle of power to do it. Constitution says: is created and organized must direct the man. Mr. CONKLING. To which governments “Each State shall appoint, in such manner as the ner in which the presidential electors shall be do yon refer, the provisional governments, or Legislature thereof mas direct, a pumber of electors chosen. If there are any of these essential, those before the rebellion?

equal to tho whole number of Sepators and Repre. constitutional requisites absent, it is a falal Mr. DAVIS. I refer to the governments

sentatives to which the State may be entitled in the detect in its non-conformation to the Consti

Congress,"
which the people recognized after the rebel-
tution, and such a State in which such cou lion had ceased. They were not provisional

I presume that in that clause of the Constistitutional and organic detects exist has no governments. The people do not make pro

tution is the power of Congress to determine power whatever to choose electors. visional governments. They make absolute

what States are entitled to representation in I will illustrate my proposition by an ex governments. The provisional governinents

Congress. ample, and I will take an example in point. were set up afterward by military power, in

Mr. DAVIS. I am much obliged to the Here are Alabaina and Arkansas. It is said

derogation of and upon the ruins of the legit honorable Senator for his remark ; and I will they have been reconstructed. Both of those imate governments which the people them.

answer him by this conclusive quotation from States before their governments were destroyed selves bad formed. I maintain that it is the the Constitution, which says positively, explihad constitutions and State governments formed right of those previously existing legitimate citly, and unconditionally, that every Siate by or with the consent and acquiescence of the governments formed by the people themselves,

shall be entitled to two Senators in Congress, people of those Stutes respectively, and those and not the right of those meretricious govern

and to Representatives in proportion to her governments have been recognized by Con.

ments set up by Congress, to choose electors || population under the ratio, and then that every gress and all the departmenis of this Governfor those respective States; and I believe that

State sliall be entitled to as many electoral ment in various official acts. The honorable whenever the question is presented that a class

votes as she is entitled to Senators and loepre Senator from Vermout and his associates on of electors chosen by the negro governments

sentatives in Congress. There is the whole of this tioor were not satisfied to let those gov. offer to vote for President of the United States Every State is entitled to two Senators. ernments formed by the people remain and the white people will see to it that the negro

My State is entitled to nine Representatives in perform their legitimate functions, but they

governments do not cast their votes, and that Congress. Consequently, my State is entitled proceeded to pass what are called the recon the white men do.

lo eleven electoral votes. That is the plain struction laws of Congress, which profess to Now, sir, what does this joint resolution || language of the Constitution ; that is its per abrogate those governments, and to dictate propose? I will read it:

manent and immutable meaning until it is conditions upon which they should be reformed

Resolved, dic.. That the States of Virginia, North

altered in the mode prescribed for the amenda in conformity to the laws of Congress.

Carolina South Carolina, Georgin, Florida, Ala ment of the instrument itself; and this Con:
My position is that those governments which

bama, Mississippi, Louisiann, Arkansas, and Texas,
respectively, shall not be entitled to representation

gress has no power to impinge the right of my
Congress found in existence, and which it re-
in iho Elcctoral College.

State or any other State io her representation cognized by passing laws for the government of those respective Siates, being formed by the

Did any American statesman or legislator in the Senate, in the House of Representatives, ever before assume so monstrous and so un

or in the Electoral College. people of the States, or they having acquiesced sound a principle? This resolution recognizes

But I will proceed. I was denying the posiin and adopted those governments, were the that they are States, and yet it says that the

tion assumed by the honorable Senator from only legitimate, constitutional governinents of States shall not, except on particular condi.

Vermont in this resolution, that Congress had the States. It was not competent for Congress tions, be entitled to choose electors whose votes

the right to say whether a presidential electto abolish those governments. The recon shall be received and counted. Whence does

oral vote shall be received or counted frou struction laws which proposed to effect that the honorable Senator froin Vermont derive

any State. I say there is no power in Con. object were flagrantly in violation of the Con

that power to the Senate or to Congress or to gress to deny the receipt of an electoral vote, stitution, and are utterly null and void. They himself? There is this important difference

or to receive it at all. With the matter of had no right to abrogate a State government.

between the honorable Senator and myself: accepting a vote Congress has nothing to do A State government can be formed by but one he thinks that Congress have sole, sovereign,

The two Houses are authorized to count the power on earth under the Constitution of and absolute power over the subject; I, on

It is not Congress; it is not the two the United States, and that is by the people of the contrary, believe that they have not a

branches acting legislatively; it is the 160 the State. They are not only to exercise the particle of power over the subject. But, to

Houses of Congress acting in a convention

, power, but all the power; and if Congress proceed with this resolution:

and acting ministerially. They are then per interferes by its dictation and by military force for the purpose of coercing, constraining the

That the States of Virginia, &c., shall not be ) forming no legislative duty; they are perform entitled to representation in the Electoral College

ing no duty whatever except a mere simple people of a State to form a government after

for the choice of President or Vice President of the ministerial duty which they could be cona particular manner, or not to form it after a

United States, and no electoralvotes shall be received
or counted from any such States, unless at the timo

manded by a court of competent jurisdiction particular manner, it is an interference without prescribed by law for the choice of electors. the peo

by mandamus to execute; and if they refused sanction of power and utterly destroys and ren

ple of such States, purşuant to the acts of Congress
in that behalf, shall have, since the 4th day of

to execute it, their non-execution would not
ders mull and void the bastard fruit of such
March, 1867, adopted a constitution of State govern-

affect the question of the election of a Presiinterference. meut, &e.

dent at all. It would be as good without ile Then, sir, I am led to this position: not I ask the honorable Senator where does he

count, if Congress was to refuse to count, as only that the State governments of Alabawa, derive the power to assume the position that with the count. Arkansas, and all the other southern States Congress shall or shall not receive electoral which had been formerly adopted by their peo

But this resolution goes on to declare : votes? I put that question pointedly and with ple, could not be legitimately or constitution | empbasis to the honorable Senator or any of

And no electoral votes shall be received or

counted from any of such States. ally or authoritatively abolished by Congress, bis coadjutors.

That is the provision of the proposed lam

it.

votes.

of Congress; that is its mandate; and I say and organized by its constitution, its form of elevate above them the four or five millions of for that command and that provision there is government. That constitution or form of negroes, he and you hold on to a standing army not a shred of authority anywhere. It is a government can only be created by the people of sixty thousand. Not only that, you are prosimple, unconditional usurpation of power for of the State; and all devices of constitutions, | posing now to give him the power of distributwhick Congress has not a color of authority. laws, rights of suffrage, electoral colleges, in ing two thousand arms into every congresThe Constitution declares that the electors, derogation of that general principle are in fla sional district in the southern States. Not only after they have voted : grant conflict with the Constitution and utterly that, you have organized your

“Grand Army "Shall make distinct lists of all persons voted for null and void. They are not only usurpations of the Republic, negroes and white reneas President, and of all persons voted for as Vice President, and of the number of votes for each,

of power, but they are revolutionary, and grades, carpet-baggers, minions of power and which lists they shall sign and certify, and transinit

dangerously revolutionary. They subvert our spoils, and they are to be marched forward scaled to the seat of the Government of the United free, representative, constitutional form of gov- under your dictator, your military chieftain, to States, directed to the President of the Senate. The President of the Senate shall, in presence of the

ernment, and bring the whole under the indefi. rivet the chains and add immeasurably to Senato and House of Representatives, open all the

nite and absolute power of a usurping and their weight upon the people not only of the certificates, and the votes shall then be counted.” aggressive Congress.

southern States, but of all the States. Now, sir, after the next presidential election These observations lead me to adopt the con Mr. President, no people can live half free there will be but that single, plain, simple duty clusion that there is not a government in the and half slave. When the southern people are to be performed by the two Houses. They do southern States set up under the reconstruction reduced to hopeless, irremediable servitude to not receive the votes; they cannot accept the acts that has one particle of constitutional obli negroes, the fate of the white men of the North votes; they cannot reject the votes. That gation. Those goverments are all made in will soon follow. The one will be a rapid prematter is provided for specifically by the Con. | derogation of the Constitution. They are all cusor of the other. Do gentlemen expect that stitution itself. After the votes shall have been made in derogation and in dethronement of the the General of the armies or the Grand Army cast and sealed up the requisition of the Con political power in those States as it had been of the Republic, white and black, or the minstitution is that they shall be transmitted to organized and recognized by the Constitution | ions who are now in the regular Army, and the President of the Senate, and they shall be of the United States and by the constitutions who will be willing to enlist in such a cause, to kept by him until a certain day, and on that

of the several States. I can put an apposite enslave the white man to the negro, can ever certain day the two Houses shall get together

case, I think. There was a Dorr government effect it? No, gentlemen, no. You are aim and perform the simple ministerial duty, not

in Rhode Island at one time. Two governments ing at impossibilities. I will tell you when of adjudging between the candidates at all, but occupied the territory of that small State atone you will elect your President, and when he of counting the votes for the respective candi- time, and both were struggling for existence will take his seat, and never before: when dates for whom the electors had voted.

and for ultimate supremacy. Before the first he gets a majority of the electoral votes cast Suppose when the business reaches that stage or charter governinent was deposed and set by the white people of the United States, under that Congress should make a false count, that aside legitimately, suppose the Dorrgovernment the goveruments of States which governments they should decide that a candidate who had had had authority and power enough there to have been formed by the white people.

When received the majority of the votes had not

have chosen electors for that State for the you do that, if you bring him here with a mareceived that majority, and that another candi Presidency; suppose the votes of those electors jority of that vote, there will be no obstacle date who had received a minority of the votes had been counted by Congress, would the to his inauguration, there will be no obstacle to had received a majority, would that make the counting of these spurious and unconstitutional his installation into office; and the men who election? Would that decide the election? votes by Congress have made them valid, and, would and will oppose him in the canvass would No, sir. A false and fraudulent count cannot under a particular division between the candi then strike with as much boldness and fidelity unmake a presidential election. The election | dates, have controlled the election and decided in favor of his right to the Presidency, and to is a different matter. It takes place from

who should be elected President of the United serve out his term in it, as his own friends. another power, on another theater. It takes States ? No, sir; no, sir.

But when you present the case in this form : place when the Electoral College of each State Mr. President, my honorable friend from here is Seymour, who has twenty, thirty, or gets together and casts its electoral vote for a Indiana (Mr. MORTON) yesterday stated the forty more of the white electoral vote than particular candidate, and seals that vote and issue which had now been formed for the Grant, and Grant's election is decided by the sends it on to the President of the Senate. decision of the American people, frankly and negro vote, the question then presents itself Wlien that is done the election is complete; l candidly, when he said that the question now to the American mind, to its heart and soul, it is consummate; it can never be reversed was to be decided whether this should be the will you permit these negroes to appoint a mor set aside nor nullified.

white man's Government or the negro's Gov. President for you? No; no; not even the Suppose the two Houses were not together , ernment, I accept the definition of the issue. General of the Army, backed with all of his to count the presidential vote at all; suppose I meet that definition, and I meet it in full military power. One day of virtuous liberty they did not get together to make a count, but and proud confidence that the great mass of in resistance to such a system of tyranny would the fact was that the electoral vote of each

worth slavery. State college had been cast, and had been cast the negro and in favor of the white man. so as to give one of the candidates a majority; Gentlemen, I have no doubt, are looking to

I am no Democrat. I never was. 1 would the failure of the two Houses to meet the possibility, yea, the probability of the pres am for my country, for the Union, the Constiin convention to count the electoral vote annul idential election being decided by the negro tution, and the enforcement of the laws; and the election, set it aside, and introduce chaos vote. It was for that purpose that they made | I will go under any man's standard who strikes and confusion, and leave this country without | Grant, the General of the Army, their candi in that glorious cause; and I oppose every man a President? No such nonsense. That is not date. It is for that purpose that they refuse who takes up arms against it to the extent of the principle; that is not the meaning of the to disband the enormous standing Army. It my feeble ability. I am not responsible for the Constitution. The President is not elected by is to use that Army for the purpose of subju- nominations or for the platform at New York. the two Houses of Congress in convention. gating the white people of the United States, I believe in the platform. I hug it to my heart, Where one of the candidates does not get a

if it shall become advisable and practicable to to my reason, to my soul; and I have no doubt majority of the electoral vote the House, act

Here we have had the Committee on that under its banner the free white men of ing by States, makes an election; and that is Finance with its honorable chairman racking America will march on in November next to a the only condition or state of case in which

their brains to find out resources for revenues glorious victory-peacefully. There will be no the House or either branch of Congress can to meet the vast expenditures of the Govern blood. You will be beaten so fairly that you interfere in the presidential vote at all. ment; but when you say to them, “Abolish the will not have ground to stand upon. You will

The honorable Senator from Vermont has Freedmen's Bureau ; diminish the Army from have the votes of some six or eight States. strange notions of the Constitution and of the sixty thionsand, with a capacity to be raised to The storm of 1840 will rise and will sweep constitutional powers of Congress, or I have. one hundred and six thousand to twenty thou with more fury than it did then. It will be the There is so much not only of discrepancy but | sand, and in that way you will be able to save best day for you and your posterity, for your of actual and positive contradiction between | fifty or seventy millions, you cannot get the ear country and the whole country that this people that lionorable Senator's ideas and my own in or the attention of the majority of this Cham has known since the Revolutionary war. relation to such matters, that he or myself is ber to any such proposition.

But my friend from Indiana received this totally at fault. His measure-and the substi Sir, if they were devoted friends to freedom, 1 platform as a sound and tocsin of war.

Sir, tute proposed by the honorable Senator from the representative rights of the people, to their There will be no war. A reckless band of revNew York adopts the same principle-by lan liberties, to economy in the expenditures of the olutionists and all the hosts of the negroes of guage proposes to invest Congress with the Government; if they had an ardent desire to the South, with all their carpet-baggers and power to accept or to reject the electoral votes establish an equilibrium between the expendi- | leaders and adventurers cannot make any stand for a candidate for President. Sir, a power tures and the receipts of the Treasury, here against the hosts of the white freemen of more destitute of foundation, with less color, are the plainest modes in the world that would America that will on that day rally for the Connot only of reality, but with less color of exist. secure it to them. Why do they not adoptstitution which Washington' made, and for the ence, never was attempted to be exercised them? They are looking to the General-in- | liberties which it sccures, and which were even by this Congress. Chief, a military dictator, some of his min-fought for during the revolutionary war.

The The first proposition that I set out was this: ions say greater than Alexander or Cæsar, time will come when you yourselves will sound an electoral vote can only be cast under the Napoleon or Cromwell, and to enable him to your praises and your peans for the mighty, authority and direction of the Legislature of a trample with his iron military heel upon the free, white host that will perform this great State. That Legislature can only be created necks of the white men of this country, and to work.

the American

white people will deciderite minst be , these are my sentiments. Nevar nogparty

man.

do so.

war.

He says:

My honorable friend [Mr. Morton) a few some of the men who served with him in the barities pale into insignificance in comparison days ago said that it was a vulgar prejudice to | Army say, would march as cold and with as with the butchery of Forrest at Fort Pillow; approve negro equality. My honorable friend little twinge of nerve over such scenes as he and he was one of the men who made the from West Virginia [Mr. WILLEY] made a smoked his cigar when tens of thousands of platform that my honorable friend loves 60 most passionate and eloquent appeal in favor ) his men were falling around him in battle. well. Above all men living, the honorable of the negro and negro suffrage, the equality But I care not what hero you bring up to

Senator is the last one, if he can bug such a of the negro; in the language of the honorable | maintain a cause against the Constitution, | thing to his bosom, to be shocked at the barSenator from Massachusetts [Mr. Sumver] the against the liberties of this country, in favor barities of barbarism, untutored as it is. equality of the negro before the law. That is of negro governments, to subjugate the white Mr. President, the honorable Senator says an equality that wiser men than you have been men's Government, in favor of the bayonet that the Republican party will die. So it will. seeking to establish for the last six thousand | against the Constitution and constitutional and So will the honorable Senator die. So will years. You have never made anything but a representative liberty, you will find a host who all the parties to which he has belonged die. negro out of the curly-headed African, and willencounter you, and who will scatter you like But, sir, the fruits that this Republican party you nerer will be able to make anything but | chaff before the whirlwind. There will be no has brought forth will never die. They have ibat out of him. He has no fitness for self

I have had enough war in my day. I not expended their strength, like the honor. government. But Senators said that it was the never saw much of it, but I do not want to able Senator, in trying to depress a race namdebasing effects, the demoralization, the degra see any more. I have a great and instinctive bering four millions in our midst. They have dation, the ignorance, the brutality that have and immovable mistrust of military men. not taxed their ingenuity to find arguments by been brought upon this race by slavery that | Standing armies are the natural foes of con which they could make the bonds with which rendered them unfit to take part in the Govern stitutional government and popular liberty: the slaves were bound strong. Their boast ment. They admitted their unfitness. Now, The two things cannot continue and live and is, and will be when the honorable Senator's let us see what is the truth of the case, I will flourish together. One or the other must yield. memory will be forgotten, that they felt for read a passage from Malte Brun. The military, from the days of Washington

those who were in bonds as though they were "The slave coast of Africa consists of several up to tbe commencement of this war, was bound with them, and broke the shackles that petty States, which are all under the despotic sway always subservient to the civil power. You made man a slave. Let the honorable Senof the king of Dahomey. This barbarian monarch

have reversed the order of things, and you have chooses to have women for his body-guard, and his

ator and his colleagues and his coadjutors palace is surrounded by one thousand of these made the military power omnipotent.

You glory in their oppression, and glory in the fact Amazons, armed with javalins and muskets, from bring the Constitution of the United States that they have trampled the oppressed deeper whom he selects bis special military aids and messengers. His ministers, when they come into the

and all its civil authority, and the constitutions in the mire of oppression where they found royal presence, are obliged to leave their silk gowns of the States and all their civil authority, and them. But, sir, let it be my boast and the at the gates of the palace, and approach the throne all the majesty and rights of the people, to the boast of the party to which I belong, that there walking on all fours, and rolling their hands in the

feet of the military power, and ride over them dust. The ferocity of this African despot almost

is not a man so low but what they would ele. surpasses conception. The road to his residence is rough-shod.

vate him to the pure, highest heavens where strowed with human skulls, and the walls aro Sir, it is time this thing was coming to an angels dwell. Sir, that seems to me to be adorned and almost covered with jaw-bones. On

end. You have performed your mission. The more in accordance with the spirit of our public occasions the sable monarch walks in solemn pomp over the bloody heads of vanquished princes | Republican party, in its first days, when it was Master; that is more in accordance with the or disgraced ministers. At the festival of the tribes, pure compared with what it is at present, per: spirit of republican institutions, and that sento which all the people bring presents for the king, formed a noble service to the country in suphe drenches the tomb of his father with human

timent will grow. Let not the bonorable Senblood. Fifty dead bodies are thrown around the pressing the rebellion, When the rebellion ator think that that sentiment will die. No, royal sepulchre, and fifty heads displayed on poles. was quelled your mission was executed. You sir; it is now having its second birth auid The blood of these victims is presented to the king, became then legitimately and properly under

the troubles and conflicts and toils of arms who dips his fingers in it and licks them. Human blood is mixed with clay to build temples in honor

the Constitution and the laws of humanity and civil strife. of deceased monarchs. The royal widows kill one functus officio. It is time that you should Sir, I witnessed the gathering from which another till it pleases the pew sovereign to put an

die, and you will die upon the ides of March, end to the slaughter; and the crowd assembled at

salvation is to come, which the honorable Seathese most joyous festivals applaud such scenes of

without any more ensanguined plains and ator perches upon and proclaims to be his foost horror, and delight in tearin the unhappy victims without any further clash of arms.

during the campaign. I witnessed this orgauto pieces."

The PRÉSIDENT pro tempore. The ques. ization. I looked in upon it. What did I see? There is the start from which you say the de tion is on the amendment offered by the Sen I wish I had a Hogarth's pencil to sketch it, basing and unhumanizing and degrading in ator from New York.

or words in which I could convey the faistest fluences of slavery have redeemned their pos Mr. NYE. Mr. President, I care but little idea of that group of indescribable animals. terity and given them self-government! It is whether the amendment offered by the Sena Who was there? Wade Hampton; and at the not necessary to read more.

tor from New York is adopted or not. It mention of his name the Democracy shouted Senators, abler men, truer philanthropists amounts to about the same thing as the ori- || by order. That is what they call • fraternal than you are, or can possibly be, have under- || ginal proposition. But I am not willing to let love." Who else was there?' Rhett, of South taken in the past ages of the world this thing I go unchallenged the things that have come Carolina; it ought to be spelled with a ch. of elevating the negro race and bringing him from the honorable Senator from Kentucky. Who else was there? Hammond, who proup to an equality and a level with the white While he has been speaking I have thought nounced the people of the color of my honor man. It is impossible. Why do not you, who whether there would not be a change in the able friend "mud-sills.

." Oh, what & source are so fond of it and want to see it tested, go form of the Lord's Prayer in Kentucky : to look to for salvation! Who else was there i to Jamaica or to Saint Domingo? It has tliere "Give us this day our daily bread, if consist Forrest, the butcher. No milder name is fitto received a test within the past generation, and ent with the Constitution; but be sure, O Lord, use as descriptive of him--a man who coldly yet every day it is more demoralizing and bar to give us white bread made for wbite men. murdered by order defenseless men who barizing. The negro population of Saint Do That form, I think, would be adapted to the stacked their arms and surrendered. Tell me, mingo is now much more degraded, ignorant, creed which the honorable Senator has just | sir, what kind of salvation you

will get

from debased, ferocious, immoral, incapable of self- proposed.

that source? And where were they? In the government and all the duties of social life In the course of an existence as long as

largest city upon this continent. With whom than it was when their insurrection commenced that of the bonorable Senator from Kentucky,

were they associated? With men of the North. under Ogé in 1790.

there is hardly a phase of political life that he There sat Forrest and Seymour, the latter preGentlemen, we will beat you. We are for has not seen. I was forcibly impressed with siding over the deliberations, as they wers the Constitution. We are for peaceful force, that in his allusion to 1810. Where, then, was

called, of this convocation of unclean ihings. and peaceful remedies. You march along like the honorable Senator's heart?

Whose voices were heard first?

Men whose the king of Dahomey, and all along your path

Mr. DAVIS. Exactly where it is now, for hands were red with loyal blood. Oh, the are the skeletons and blood of the Constitution. the Union, the Constitution, and the enforce ) spirit of fraternity there exhibited! They You perpetrate your orgies as be did. We ment of the law.

always agreed. One was a traitor with a sword, want to rescue the Constitution. We want to Mr. NYE. I recollect very distinctly that and the other a traitor without a sword ; that rescue law and order from your violence, your very year hearing the distinguished Senator was all the difference. But how my houorable misrule, your revolutionary gambols. We ex denounce the Democracy in more unmeasured friend from Kentucky hugs their progeny! A pect to do it without any bayonets. We expect terms than he is capable of denouncing the sweet thing to hug! May your' embrace be to do it by the united and omnipotent voice of Republican party. They had beaten his pet, || long and enduring! the great mass of the American white men; Mr. Clay, and he never bas forgiven them.

Mr. President, what is this thing that the and when you shall be beaten, as I have the He came here at the commencement of this honorable Sepator hugs so fondly? A green: fullest faith that you will be beaten, three or rebellion a strong Union man; and he says back platform with an anti-greenback candifour electoral votes to one by the November now that he hugs to his very soul a platformn | date. election, if there is any war you will make it. that disunionists have made. I merely sug. Mr. SHERMAN. A grayback. If there is any clash of arms, any drenching | gest these things to show that where next le Mr. NYE. A gray back candidate. of the land in blood, any crossing of bayonets, may be found, the Lord only knows, in the Mr. SUMNER. On a greenback platform. any wail of misery and woe from the widow new catechism which Kentucky may put forth. Mr. NYE. That is what I say. It is a platand the orphan, you will be the cause of it He has spoken of the barbarities of some form for peace and a general för lieuenant on you and your Grant, your General of the Army,

negro chieftain, whose name I did not under it, second in command, and a general who was your armed military dictator who, I have hear stand, of whom he read. And yet those bar. Il nominated by rebels. I think, if my recollec

so well.

tion is correct, an honorable gentleman from the very catastrophe that the honorable Sen two such men would have been born of that Kentucky nominated Frank Blair. I do not ator from Kentucky threatens us with. Sir, is Democratic convention. Blair, (to begin with wonder that my honorable friend loves the Congress to inquire, and who is to keep regis- | the last and most unimportant first,) who, as platform. It is a platform whose every line ter whether the votes cast for General Grant restless as the spirit that fomented rebellion and lineament is marked with repudiation. Is are cast by colored men or white men? Who in heaven, who acknowledges no discipline to it for that that the distinguished Senator hugs is going to see in the books when the ballot is man or law, "a law unto himself;"' wlio throws it? It is a platform whose every line is a fraud deposited, which class of man it was who de. on defiantly to such patriots as Hampton and and almost every word a lie; a platform of posited it? Are the honorable Senators and Forrest that the only way to put these States professions in which they do not believe, of bis confreres going to have censors upon the into their original status is for the President hope to the head to be broken to the heart. box? Are they going to stamp the ballot of to take the helm and drive this Senate out. That is the platform on which my honorable the white man and not stamp the ballot of the No wonder that it woke an echo in Wade friend expects to ride into that happy haven black man? If not, what does the honorable Hampton's bosom and in Forrest's and in where he is going to look with so much com Senator mean when he defiantly tells us that Hammond's; it was the old signal for rebelplacency, much as he describes Grant looking no matter what Congress may do, the vote that | lion again. They were going to get a Blair to upon the battle-field, upon the destruction of the white man casts will be the vote that is lead them in that rebellion. The world knows the hosts of the Republican party. Perched counted. Sir, I repudiate all such nonsense that the health of the gentleman they have away up on that uncertain roost he is going to as that, as it appears to me to be.

nominated for President is very precarious, have his vision satisfied by looking upon the I have nothing against white men, sir. "My and he refused, as many times as Cæsar did ruins of those below. In 1864 I read a speech complexion is not far different from that of the the crown, to take it on account of his health. at quite a distance from here in which the hon honorable Senator from Kentucky; but I never They have put forward this ticket in point of orable Senator was fully as sanguine in expres was educated to think that a difference in the physical strength like the hyena, the strength sion at least as now, that in 1864 the Repub hue of the skin made any particular difference in the hind legs to endure disease, its weak lican party were to be demolished; but the Re in manhood. Hannibal, whose history has man ahead to be shoved off as Lincoln was, publican party survived both the prediction of been the study of modern generals, was blacker or in some other way, and then they will have che honorable Senator and the power of his than any negro in Kentucky. He led his got not only old rebels, but a new one with the opposition.

armies to victory; and modern generalship is whole machinery of government. It was well Sir, to these saviours we are to look. These copied after his measures. I suppose the planned, and no wonder it awoke echoes of are the men to whom in these troublous times honorable Senator, from his prejudice on that ecstacy in Forrest's and Hampton's bosom my bonorable friend from Kentucky and those score, would hardly accept the boon of liberty when they heard the name of Blair and his who act with him turn for protection. Who itself if it was won by a skin darker than his letter; and that is the platform and that the are they? Men who are yet counting the own.

candidate that my friend from Kentucky loves notches upon their swords that they wore gal But, sir, the honorable Senator has spoken lantly by their sides for four or tive years in an very confidently of what the Democracy are Sir, who is nominated for President? A earnest, terrible struggle to overthrow this going to do. I want to mention to the honor man that I have known all my life; and a gen. country. They are the saviours now who are able Senator one or two things which the Re tlemanly man he is undoubtedly, but no ungoing to uphold them! How are they going publicans have done that will stay done. We

sounder man, politically, walks than he. I to uphold them? By overturning all that has have given the loyal men of the southern States listened last night to a little running debate bebeen done to build up the waste places they the ballot. Now, take it away, if you can, and tween my colleague and my honored friend from made. When a man is sick he seeks a physi show us the process by which you will do it. Pennsylvania, in which the latter bore testician the most skillful he can find. When a Let us see what you will do it with. They

mony to the patriotism and fidelity of the then nation is troubled the people seek the friends have availed themselves of that ballot. They Governor of New York. I took occasion to of the nation to uphold it. They feel its pul have deposited it; they have put on the gar reread last night the speech made by that dissations. They want men loyal to the country, ment of citizenship, and I challenge the Democ: tinguished gentleman on the 4th of July, 1863, loyal to our institutions. There is where I racy to touch one thread of that garment. It just ten days before the bloodiest riot in the look for belp, for aid in this struggle. But my is stamped, it is sealed with the insignia of world. It was a terrible day, that 4th of July, honorable friend and the Democratic host with freedom, and I charge you lay not your hands for the rebels; there came up a wail of woo which he is surrounded look to the rebels. upon it. Sir, it is the decree of a mighty peo from the rebels at Vicksburg and at GettysThey will give you such protection as vultures ple as irrevocable as the decree of God, and

burg. give io lambs. They will give you the protec the honorable Senator may satisfy himself Mr. STEWART. Will my colleague allow tion that Forrest gave at Fort Pillow, and the on that point. And the honorable Senator me to read a sentence of that speech? thousand bloody fields upon which we met. from Pennsylvania (Mr. BUCKALEW] last night

"Remember this, that the bloody and treasonable What, sir, trust a man with a ballot to uphold seemed to be waiting for the voice of the peo and revolutionary doctrine of publie necessity can this country who has been for five years with ple. Sir, you have had it twice; and the same be proclaimed by a mob as well as by a government.' the bullet trying to overthrow it! It is an voice that emanated from heaven is echoed Mr. NYE. Yes; I remember that sentence insult to the intelligence of the world; and I back by man, Vox populi vox Dei. Touch well. That was to this country a most importassure the honorable Senator from Kentucky not that seal; it is the freeman's power. The ant day. The cause for which my distinguished the world will not swallow the hook as greedily ballot is his shield. He has got it. I defy friend from Kentucky is laboring so hard to as he bas, nor hug a platform so full of dead you to take it from him. Attempt that and day was in peril then. It was suffering from men's bones.

bloodier scenes will be reënacted upon the the blows of cool, quiet Grant, who smoked Sir, I am sick, my very soul is sick with this already fresh bloody fields. Sir, men fight for his cigar amid the confusion of the battle, as struggle through which we have been passing. freedom. They will not lay it down. They my friend from Kentucky says, which may be I thought we had reached the quiet haven of | have fought for freedom upon the battle-field; so. Abiding in that faith which patriotism repose. The country reeds it, the world needs they won their quit-claim to liberty; they have always bears within itself in the result, he it; and just as we get to the very goal in comes got it; and let not the Democratic party dream looked coolly, perhaps, upon the exciting mothis firebrand of distraction to say that they of taking it away. And yet, sir, the honor ment, knowing that substantially peace was to are to wrest, and to wrest by force of arms, the able Senator, or those who act with him, find no follow. On that day thirty and five thousand governments that we have given these States, sort of awakening, enlivening sentiment from Democrats laid down their arms within the and it is done because we have provided that this great fact, but the contrary.

intrenchments of Vicksburg. On that same day black men may vote.

Sir, there has not been a transaction on earth our noble soldiers gained a victory which parMr. President, on earth or in heaven I would since the crucifixion that thrilled the world | alyzed rebellion and gave freedom new life upon rather be found by the side of the blackest with such ecstatic joy as when the last shackle the bloody fields of Gettysburg. There was a man in the country than with Forrest. How of the slave was broken and fell at his feet. great loss to the Democratic party; but true will stand the account of the loyal black man Music never reached its perfection until they to their instincts, as soon as paroled from that has been led by the uncertain glimpses of sang the song of universal freedom; and if I Vicksburg they took up their arms and stole his vision to follow that flag which had bere was at all accustomed to deal in fancy I could to other fields. tofore only been a symbol of oppression to fancy now that I hear the angel chorus catch On that day, after a draft had been ordered him, and followed it faithfully to the end; how ing up the sound “ Peace on earth and good by the President of the United States to fill up will his account stand in the day of judgment will to man; the last slave is free; liberty is the ranks, the head of this ticket was addresswith the God that loves liberty and of whom triumphant." But over this my Democratic || ing a Democratic meeting in a ball in the city liberty was born, beside the man who did all friends feel no jubilee. It is a source of mourn. of New York, and he said that the law of in his power to tear down the fairest fabric ing to them. Weep on, weep on; the seal is necessity was never to be invoked by a nation, that liberty ever reared? and such is Forrest; set; the Democratic party will never again and said, not in the precise words, and they such is Wade Hampton ; such is all the Demo have power in this nation until it changes its are here, that the mob could invoke the law cratic party in the southern States. There are principles, until it ceases to be oppressive and of necessity as well as a nation. Sir, quick as not enough men in the Democratic party in learns to glory in freedom.

the lightening's flash and as electric in its the southern States who were not rebels to I am strengthened in this conviction by the influence the mob did arise, caught up the count as "scattering;' and therefore I shall proceedings of the last Democratic conven idea that bad been slumbering, touched the not hereafter in what I have to say of them tion. Whoever saw two such elements of torch which ingulfed a city in blood, and fatal draw any distinction.

weakness combined? If there was any folly were the consequences of that riot. I think I want this resolution introduced by the hon. in the Republican party, the wisdom of God eleven thousand-I am not quite certain as to orable Senator from Vermont to guard against has come in. Who could have conceived that

the number-troops had to be taken from the

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