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As the nearest approach to justice which we What is worse, it will be said every. Mr. RAYMOND. Can this be considered are likely to be able to make, I approve of the where that this is purely a piece of political || section by section? second section that bases representation upon management in reference to a presidential The SPEAKER. It has been reported as a voters. I believe the section is now free from election.
whole and must be acted on as a whole. the objections that killed it in the Senate, and Now, I desire that what goes into our Con- Mr. RAYMOND. If this be considered secI have no doubt it will now pass that body. stitution shall be the pure gold, unalloyed, tion by section, then a two-thirds vote will be
I am glad to see the fourth section here, which untainted, having mingled with it nothing that required to carry each section. If amendment forever forbids the payment of the rebel debt. will not stand the test of
ages. I fear that
is necessary a majority can make it. I am quite sure that on the proposition no man the proposition to which I have just referred The SPEAKER. A majority can amend in this House will vote in the negative. Some might not stand that crucial test.
it, but it will require two thirds to pass it. may think the section unnecessary, but for But, sir, I invite the attention of the House Mr. ELDRIDGE. I rise to make an inabundant caution, and “to make assurance to another consideration. Suppose this sec- quiry. This being an amendment to the Condoubly sure," let it become a part of the Con- tion should become a part of the Constitution, stitution in three different particulars I ask stitution.
and suppose that it were entirely defensible as whether it will not be required that we shall It is to the third section that I wish to call a matter of principle, I ask gentlemen how it vote on them separately. I ask whether we the attention of the House for a moment. The is to be carried out in practice. If, under its can amend the Constitution by adding provis. gentleman from Maine [Mr. Blaine] has made operation in eleven States of the Union, nine ions grouped together in the manner in which a point against it, which has at least this value; tenths, and, in some instances, ninety-nine these are without voting on each distinct propthat whatever may be the intention of the com- hundredths of the adult population are to be osition. Do not the Constitution and law mittee or of the House, the section is least sus- disfranchised for four years, how do you pro- require that they should be so voted on? ceptible of double construction. Some may pose to carry its provisions into practical exe- T'he SPEAKER. They do not. The propsay that it revokes and nullifies in part the par- cution? Will nine tenths of the population osition is reported by the committe as a whole, dons that have already been granted in accord- consent to stay at home and let one tenth and although it embrace different provisions, ance with law and the proclamations of the do the voting? Will not every ballot-box be yet this House and the Senate and the people President. Others may say that it does not the scene of strife and bloodshed? It may will vote on it as a whole. affect them, and will not apply to rebels who well be doubted whether this section can be Mr. GARFIELD. It appears, then, that my have been thus pardoned.
carried out except by having a military force motion is the only one that will bring us to a Mr. STEVENS. Will the gentleman allow at every ballot-box in eleven States of the vote on this subject. me to interrupt him a moment?
Union. Are you ready to make the South a The SPEAKER. The gentleman from PennMr. GARFIELD. Certainly.
vast camp for four years more? I am ready | sylvania [Mr. STEVENS] has the right to withMr. STEVENS. I was not perhaps suffi- to do that or anything else in the way of ex- draw his motion to recommit, and with the ciently explicit in what I said in answer to thein
pense, if it is necessary as means of securing withdrawal of that motion the instructions terrogatory of the gentleman from Maine, [Mr. || liberty and union; but I believe that great re- would fall. BLAINE.] I admit that a pardon removes all sult can be achieved in a less expensive way.
Mr. GARFIELD. Would I not have the liability to punishment for a crime committed. But it is evident to me that if this section be- right to renew the motion? But there is a vast difference between punish- comes a part of the Constitution, it must either The SPEAKER. The gentleman could ing for a crime and withholding a privilege. I remain a dead letter or we must maintain a renew his instructions if the previous question Nobody will doubt that you may distinguish be- large army to enforce it. I do not, therefore, were not sustained. tween classes in the privileges accorded to them think it wise or prudent, both for practical Mr. GARFIELD. Would I not have the if you think their enjoyment would be danger- reasons and for reasons of construction, as right to inove to amend if the previous ques. ous to the community. While I admit that the suggested by the gentleman from Maine, that tion were voted down? pardon will be full and operative so far as the the third section shall stand as a part of the The SPEAKER. It would then be in order. crime is concerned, it confers no other advan- Constitution in its present form.
Mr. GARFIELD. Now, Mr. Speaker, if tages than an exemption from punishment for I am sure no member of this House will the gentlemen who report this bill will put in the crime itself.
think that I make this motion with the least a section, that all who participated in the rebelMr. GARFIELD. I was about to say that desire to favor or excuse in any way the men lion shall forever be excluded from the right if the section does not apply to those who have who have been in arms against the Govern- of elective franchise, in all cases relating to been pardoned, then it will apply to so small a ment. I trust I do not need to make such a national offices, then I will say the proposition number of people as to make it of no practical disclaimer to any person here, or among Union will be just and one we could stand upon as a value; for the excepted classes in the general men anywhere. But I desire that any propo- matter of principle. Anything is just which system of pardons form a very small fraction sition which may be submitted by us for ratiti- excludes from privilege and power all those of the rebels. If the section does apply to cation by the States shall be so grounded in infamous men who participated in rebellion. those who have received the pardon, the objec. || practical wisdom, that when it is presented to The proposition, without any modification, withtion of thegentleman from Maine (Mr. BLAINE] the American people, any man who votes out any limitation, would meet with my approval may be worthy of consideration.
against it will need to hide his face in shame. as one eminently just, if it could be practically But, without entering into the question of And there are thousands of men who only need carried out. But when you attempt to make construction at all, and if there were no doubt some little excuse to justify themselves in voting it extend only for a limited period, you thereby or difference on that score, there are still other || against this great and good measure. I had | acknowledge that as a principle they ought not points to which I wish to call the attention of nearly completed a substitute for this section to be excluded except for a limited period. I the House. If the proposition had been that providing that no person who had voluntarily am unwilling to admit that proposition. As a those who had been in rebellion should be adhered to the late insurrection should ever be matter of principle they should either be forineligible to any office under the Government
eligible to any office under the United States, ever excluded, or allowed to come in when of the United States, and should be ineligible: but as I have not perfected it I will not present they comply with such conditions as the loyal to appointment as electors of the President
I hope, however, we may begin by people of this country, through their represent. and Vice President of the United States, or striking out the section as it now stands. atives in Congress may prescribe. I do not if all who had voluntarily borne arms against Is it now in order, Mr. Speaker, to move an think we can so well stand a mixed proposition the United States had been declared forever amendment?
like this. incapable of voting for a United States officer, The SPEAKER. A motion to amend is not Mr. DAWES. The gentleman proposes to it would, in my judgment, be far more defensi- in order pending a motion to recommit. submit practical views on this question, and in ble. But what is the proposition? It is that- Mr. GARFIELD. Then I move that he that view I ask him by what method the Con
Until the 4th day of July, in the year 1870, all per- resolution be recommitted to the committee, gress of the United States could carry out that sons who voluntarily adhered to the late insurrection, with instructions to report it back to the House proposition if it is to deprive these parties of giving it aid and comfort, shall be excluded from the right to vote for Representatives in Congress and for with the third section stricken out.
the right to vote in State affairs without erectelectors for President and Vice President of the Mr. RAYMOND. I inquire whether it will ing themselves into a tribunal in which to United States.
not be in order to call for a division on the dif. settle the question itself. I ask in that conNow, Mr. Speaker, this, in my judgment, is ferent sections of this amendment. I think nection what tribunal is erected either in the the only proposition in this resolution that is that will be the better way to test the sense of Constitution or laws of the United States by not bottomed clearly and plainly upon princi- the House.
which to settle the question in the appointment ple--principle that will stand the test of cen- Mr. GARFIELD. Mr. Speaker, I think of electors of President and Vice President? turies, and be as true a thousand years hence when the vote comes to be taken on the motion Is there any tribunal provided either in the as it is to-day. If the persons referred to are to recommit, with instructions to strike out, Constitution or the laws of the United States not worthy to be allowed to vote in January the merits of the question will be tested by the to test the question, should the time ever come of 1870, will they be worthy in July of that House.
when the elections of a President and Vice year? If the franchise were withheld until Mr. RAYMOND. I ask whether it will be in President depends upon the right of certain they should perform some specific act of loy. order to call for a division now, or at any time. men to vote as electors or members of the alty, if it were conditioned upon any act of The SPEAKER. A resolution can be divided | Electoral College, and yet their right so to vote theirs, it would commend itseif as a principle, | if each part can stand by itself, but a bill or be dispnted? but the fixing of an ordinary date, without any | joint resolution cannot be divided. It may It seems to me there is a defect somewhere regard to the character or conduct of the par- be amended. Sometimes the House considers in the want of any tribunal known to the Conties themselves, is indefensible, and will not them section by section. They stand as a whole, stitution and laws by which you can ever commend itself to the judgment of reflecting I and must be so considered.
determine this question, and the time may
come when the whole nation will be rent in amendment, which was calculated to subordi- of one feature contained in it, and upon which I twain upon that question. nate thein as States in the Union.
will presently remark, I am prepared, after due Mr. GARFIELD. I am obliged to the gen- Mr. GARFIELD. They have undertaken deliberation, to give my cordial assent and ap. tleman from Massachusetts. I had noted that to reject and resist our scheme of restoring the proval. The exception to which I refer is the point, and in this running debate was about to Union for five years, and they propose now, provision of the third section of the proposed overlook it, that in case this provision should and the gentleman by his own confession in- amendment to the Constitution. prevail and there should come up at the next vites them to continue to unite and reject the With regard to the first section of the propresidential election a number of electors from scheme of the great Union party and of the posed amendment to the Constitution, I cannot those eleven States whose vote would deter- || people to build up liberty in this country and conceive that any loyal man can hold any other inine the fate of the election, and then in the put down traitors and treason everywhere. I view upon that subject than that which is indiElectoral College the question should be raised call upon the great Union party to stand to- cated in the proposed amendment. The Con. whether those electors were chosen by men gether, and with all their manhood resist the stitution of the United States apportioned Rep. who had been in rebellion, what tribunal have revolutionary schemes not only of these rebels resentatives and direct taxes among the several we to decide that question? Have we any at the South, but of their coadjutors and abet- States according to their respective numbers, committee of elections provided for in the Elec- tors on this floor and everywhere who would and ordained that those numbers should be de. toral College? Have we any court, have we unite with them and trample not only upon the termined by adding to the whole number of free any tribunal whatever under the Constitution | prostrate body of the Union party, but, as I persons, including those held to service for a to which that important question could be re- believe, of liberty herself. I have done. term of years and Indians not taxed, three ferred?
Mr. THAYER obtained the floor.
fifths of all other persons. So stood the Con. It is not impossible that this section might Mr. FINCK. Will the gentleman allow me stitution at the commencement of the rebellion. bring us face to face with a new and most dan- just one moment?
By that instrument three fifths of the class of gerous question, the solution of which is not Mr. THAYER. I will yield to the gentle- persons known as slaves were counted in the easy to see. man for a moment.
enumeration which fixed the basis of represen. Nr. SCOFIELD. Will the gentleman yield Mr. FINCK. I desire to say to my col- tation in this House. for a question?
league, for whom I have the highest respect, How stands the Constitution now? Why, Mr. GARFIELD. Yes, sir.
that in my judgment there is but one party in sir, the literal application of the Constitution Mr. SCOFIELD. The gentleman says that this country that is a disunion party, and he to the present state of affairs makes this late he will go for an amendment to the Constitu- || belongs to it. [Laughter on the Republican slave population of the rebel States count in tion that shall disfranchise this class forever. side of the House.]
the representation in this body, not as three Now, I wish to ask him, if he should get the Mr. GARFIELD. I am willing to stand by | fifths, but as five fifths. Will any man say that report amended to suit him in that respect, my record as a Union man.
that was contemplated by the framers of the how is he going to get a tribunal to decide that Mr. THAYER. Mr. Speaker, the proceed- Constitution? Will any man say that it was question any better than now?
ings of the House to-day will, I trust, silence, within the intention of the framers of tbat in. Mr. GARFIELD. The gentleman's ques; at once and forever, the clamorous calumnies strument that the late slaves in this country tion does not involve me in any difficulty. I which have been industriously propagated by should, by an unforeseen state of public affairs, did not say I was in favor of putting such a designing persons ever since this Congress under a provision which enacted that they clause into this amendment in view of all the convened, in which it was asserted that this should count in the basis of representation as circumstances, but I said that that proposition Congress had no intention of taking any steps three fifths, come to count as five fifths, while would be more just than the present one, and the object of which was the restoration of peace at home they are counted politically as nothing? I would prefer it. There would be practical || and concord to this whole country.
Yet this is what is proposed by those who oppose difficulties in the way of either proposition, but There have been persons, sir, very wise in this amendment. It seems to me no man can more I think in the way of this.
their own conceit, great builders of States in maintain that proposition upon any principle Mr. HOTCHKISS. Will the gentleman | their own judgment, and great law-makers, if of justice or sound political reasoning. What yield?
their own opinions are to be received as truth, number of Representatives will this bring into Mr. GARFIELD. Excuse me; I shall who have supposed that the great work upon this Chamber from the rebel States by way of conclude my remarks in a few moments. My which this Congress has entered was a work increase over the former number that came colleague [Mr. FINCK] denounces this prop- which might be accomplished with as much here under the terms of the Constitution? osition and the whole scheme of the recon- facility as a justice of the peace would dispose || About thirteen members. Is it not preposter. struction committee as revolutionary, and calls of an insignificant case in his court; and who ous that after all the trials, the sacrifices, the upon the South to rally unitedly, and trusts
in the subject which engages the attention || sufferings, and the hardships caused by this they will have the manliness to resist it. It is of this House, a matter of vo grander dimen- \ great war for the Union the result of the sucnot the first time that gentlemen on that side sions than those which characterize the ordi- cess of the Government should be the increase of the House have asked the South to rally nary legislation of Congress. In the opinion of representation in this House on the part of against the North. During the last five years of these persons the accumulated ruin of four those who made the rebellion, by adding thir. of bloody war their voices and their votes here years of civil war was to be remedied in an hour; teen members which they had not before the and their actions elsewhere have been charac- States which were disorganized and rent from var? Is there a man here who dare go before terized by the same spirit, and have helped to the parent Government by organized secession ; the northern people and tell them that they are unite and rally the South against the Union. by the deliberate and solemn act of conventions to be rewarded for the losses and sufferings It does not become these men who have so of the people; by the passage of laws during which they have sustained by having thirteen long pursued these revolutionary schemes a period of four years; by the formation of additional members admitted into this body against liberty to charge this House with being new local governments; and by the exercise from the rebel States. I want to see the northrevolutionary when it is struggling to restore of every de facto sovereign power, were, in the ern constituency that will send a Representaboth liberty and Union to the Republic. opinion of these wiseacres, to be regenerated tive here who declares in plain terms that that
Mr. FINCK. Does the gentleman refer to and restored to their normal relations to the is just and that he is in favor of it. what I said a few moments ago ?
Government, whose laws they had overthrown Now, I ask gentlemen on the other side of Mr. GARFIELD. I do.
and trampled under foot, with as much facility the House why that should be done. If you Mr. FINCK. The gentleman has misstated as you would pass the most unimportant bill, say that this large class of persons have been what I said. I called upon the South to rally , and with as little delay as it would require to transformed from their late condition of chataround the policy of Andrew Johnson; noth- call the yeas and nays in this House.
tels to a condition in which they constitute 2 ing about rebellion.
Let the American people, Mr. Speaker, part of the element of the political fabric, then Mr. GARFIELD. Well, Mr. Speaker, how understand, as I doubt not they do generally I can conceive that having added that much in much difference there is between the gentle, understand, the magnitude of the ruin which | population to the thinking, voting men of the man's sentiment as I repeated it and as he has been caused by the rebellion, and they | southern States, it would be just and proper himself states it I leave it to the House to l ties which attend the reconstruction of those body. But we all know that such is not the
will comprehend the labors and the difficul- that that addition should be represented in this judge. I understood him to call upon the people of the South to have the manliness to old relations of loyalty and fidelity to the Con
In those States themselves the late resist the operations of Congress and of the stitution which once characterized these States. slaves do not enter into the basis of local repgreat Union party.
Sir, for one, I have never lost my faith in resentation. In South Carolina they do not Mr. FINCK. I did not use the word the wisdom and discretion of the able commit- enter into the basis of representation in the resist."
tee to whom, at the outset of this Congress, | Legislature of that State. And anybody who Mr. GARFIELD. The gentleman can con- this most important subject was committed. will read the new constitution of South Carosult bis notes. If he did not use the word he For one, I have not doubted that as soon as it lina will see that such is the case. knows best, and I desire to be corrected if I could be accomplished, within as short a com- Would it not be a most unprecedented thing misrepresent him. But I understood him to pass of time as the nature of the subject and that when this population are not permitted say that he trusted there was sufficient man- the extent of the labors devolved upon them where they reside to enter into the basis of hood in the people of the South to unite and would permit, they would present to this House representation in their own State, we should resist the revolutionary schemes of this Con- some scheme upon which the loyal people of receive it as an element of representation here; gress, as he was pleased to denominate them. the country might unite to effect a perfect res- that when they will not count them in appor
Mr. FINCK. One word. I said I hoped toration of peace and harmony throughout the tioning their own legislative districts, we are they would have the firmness and manliness United States. To the scheme which they have to count them as fire fifths (no longer as three of spirit to unite and reject this proposedl li presented for that purpose, with the exception Il fifths, for that is out of the question) as soon as
you make a new apportionment? I am not the body-politic, although you agree that some sented in Congress demand is, not prospectgoing to dwell upon that proposition. I be example shall be made of this great iniquity ive reconstruction, but immediate reconstruclieve it to be a proposition which the people || by excluding from Federal office those who tion with conditions that will secure the public of this country will understand without much were ringleaders in it, yet you shall not be safety. As I have already said, the great condiscussion. You have only to enunciate that restored to the right of representation or to dition of public safety and security is the reproposition in plain terms in order to secure any participation in public affairs until the
adjustment of the Constitution upon the subject for it the unqualified rebuke of every man who
of representation, that article of the Constitusustained the Government during the war for Now, sir, I am opposed to that; I think that tion which relates to the subject of representathe Union.
it imperils the whole measure, under consider- | tion having been pushed by the war from the With regard to the second section of the pro- ation ; and when I say that, I do not speak so original sphere of its operation, and which will, posed amendment to the Constitution, it simply much of the fate of that measure in this House without amendment, operate in a manner never brings into the Constitution what is found in as I speak of its fate in the country at large. contemplated by the framers of the Constituthe bill of rights of every State of the Union. I do not believe that the people of the loyal | tion and with a degree of injustice to which the As I understand it, it is but incorporating in States will subscribe to either the necessity || loyal States cannot consent to submit, and to the Constitution of the United States the prin- or the expediency of the third section of the which they will not submit if it can be preciple of the civil rights bill which has lately || proposed amendment to the Constitution. I vented. become a law, and that, not as the gentleman | believe, sir, that the masses of the loyal people What will continue to be the condition of from Ohio (Mr. Finck) suggested, because in of this country, those who made the greatest the country if you adopt this feature of the the estimation of this House that law cannot sacrifices to save it, are in favor of the resto- proposed plan? Continual distraction, conbe sustained as constitutional, but in order, as ration of these political rights to the southern tinued agitation, continued bickerings, continwas justly said by the gentleman from Ohio | people just as soon as they can be restored with ued opposition to the law, and it will be well who last addressed the House, [Mr. Garfield,} | safety; and I think that they regard as the only for the country if a new insurrection shall not that that provision so necessary for the equal security and only safety which you can exact | spring from its bosom. administration of the law, so just in its opera
or obtain, the reform of the principle of repre- [Here the hammer fell.] tion, so necessary for the protection of the sentation, or rather the proper adjustment of The SPEAKER. The gentleman's time fundamental rights of citizenship, shall be for
the Constitution as regards representation to has expired. ever incorporated in the Constitution of the the new state of things. That is the point to Mr. NIBLACK. I give notice that I will United States. But, sir, that subject has which the loyal millions of this country turn offer the following amendment if I shall have already been fully discussed, I have upon their eyes for future peace and security. They the opportunity: another occasion expressed my views upon it,
know that if, instead of reducing the represen- Add to the fifth section as follows: and I do not propose to detain the House with tation of the southern States in this House to
Provided, That nothing contained in this article any further remarks of my own upon it.
a standard of just equality with ourselves, you any
shall be so construed as to authorize Congress to regpass now to the third section of the proleave the Constitution as it is to operate upon
ulato or control the elective franchise within any
State, or to abridge or restrict the power of any Stato posed amendment, and here, sir, I am con- an unforeseen state of affairs, and give thirteen to regulate or control the same within its own jurisstrained to say that I do not believe it to be new Representatives to the lately disloyal States diction, except as in the third section hereof preeither proper or expedient to retain this sec- in this House upon a basis which they repu
scribed. tion of the proposed amendment. I do not diate at home, there will be no peace and no
Mr. BOYER. Many great questions of pubbelieve it for the reason which is contained in security in the future for this Government. The lic policy depend upon the decision of this the preamble of one of the bills reported by inequality of representation worked by the Congress, but the greatest of them all is that the committee, the “bill to provide for the result of the war in the emancipation of the
which involves the restoration of the States to restoration to the States lately in insurrection slaves must be remedied. Representation must their practical relations with the Federal Union, of their full political rights." The preamble be based upon a population which is counted Until that great end shall have been accomof that bill, as reported by the committee, reads as a part of the body-politic and which forms | plished the triumph of the Government over the as follows:
an element of government. This must be done rebellion will be still incomplete; and the reWhereas it is expedient that the States lately in
by an amendment of the Constitution, the ori- | bellion itself may claim at least a partial victory insurrection should, at the earliest day consistent ginal provisions of which are inapplicable to the in so far as it has succeeded in removing the with the future peace and safety of the Union, be altered condition of public affairs.
ancient landmarks of the Constitution, and in restored to full participation in all political rights.
The loyal people who have preserved the marring the symmetry of that constitutional I am opposed to the third section of the pro- Government demand this amendment to the Union of States which, as it came from the hands poscd amendment because I am in favor of the Constitution. In my judgment, they will never, of our fathers, was the masterpiece of human preamble of the bill. I am opposed to it be- if they can prevent it, suffer this Government | government and the admiration of the world. cause it looks to me like offering to the people to be long without this amendment to the Con- After the outbreak of civil war, the first of the States lately in rebellion peace and res- stitution, because it would be a most unjust and
essential work of the nation was the forcible toration with one hand, while you snatch it cruel return for all the sacrifices which they suppression of the rebellion. That work, after from them with the other. I am opposed to it have made, to deny them this measure of jus- a four years' struggle, the most sanguinary and because I think it will keep this country, which tice. But, sir, they do not, in my judgment, costly in the history of revolutions, has been we scek to pacify and to bring back to its old demand as a further price of security that the || fully accomplished. Thanks to the unparalleled state of allegiance, in a state of constant tur- rehabilitation of the southern people, with all || gallantry and endurance of our soldiers, and moil and disaffection if it does not rekindle the rights of freemen, shall be postponed until the unparalleled patriotism, energy, and genafresh the fires of civil war.
1870. I agree that it is just and expedient and erosity of the people, armed rebellion against Sir, I suppose the object of the present pro- proper that you should fásten a badge of shame the laws has been everywhere subdued, and gramme to be to indicate a plan which has for upon this great crime of rebellion by rendering from the Atlantic to the Pacific coast, and from its object the immediate, not the prospective, | ineligible to office under the United States the Aroostook to the Rio Grande, there is peace. restoration of the people of these States to the those who have been leaders in the insurrection Exhausted by an unequal strife, conquered privileges they have lost. Immediate, if the against the Government. But, sir, this third by overwhelming numbers, the late rebellious safety of the country will permit. If the safety || section goes much further than this. It declares || States lie prostrate at the feet of the Federal of the country will not, upon any conditions, that the masses of the people in the lately insur- power, their population decimated and imadmit of it, then, sir, we had better dismiss the rectionary States-because it is idle to talk of poverished, their resources crippled and for whole subject. If the safety of the country the people in connection with the infinitesimal the time well-nigh destroyed, and the cause for will admit of it, then let us name those condi- number of Union men in those States-shall which they fought so madly and suffered so tions.
be disfranchised. We know that the masses much hopelessly and forever lost. How shall That, sir, is what the committee, in my of the people there, with exceptions too small the relations of national unity and harmony understanding, have attempted to do; but to be counted, did support the rebellion, and be restored between the States lately so dis. among the conditions which they have named
supported it with their whole heart. They sup- cordant and belligerent? How shall the cruel is this one, which, in my judgment, is not ported it in the field; they supported it by the wounds inflicted by the sections upon each other necessary or expedient, and which appears to payment of taxes; they supported it by speech be healed? And above all, how shall the reme to be impolitic and fraught with dangeroiis | and by votes; they supported it in every village union be completed without the sacrifice of any consequences. Sir, with what propriety, let and by every fireside. Everybody knows that. of those principles and guarantees of civil libme ask this House, can we present an offer to We cannot deny it. There is no use in attempt. erty which we inherited, and without destroying the people of the South to return to their alle- ing to conceal the fact. And in dealing with the proportions of that political system of State giance, and to unite with us once more in the a great subject like this it is better to look facts and Federal jurisdiction which constituted the maintenance in good faith of the Constitution, in the face and treat them as facts. The third chief excellence of our Republic and has been it, while we propose as a condition the ratifi- section of the proposed amendment disfran- the chief cause of its wonderful success? These cation of an aniendment to the Constitution, chises until 1870 this whole people, while the are the important questions which devolve upon anıl as another condition the ineligibility of the measure itself is presented to us as a measure the present Congress of the United States. But leaders of the rebellion to Federal office, we of universal pacification as well as a measure however vast in its importance and comprehensay to them at the same time that, although for future security.
sive in its scope is the work which thus devolved you comply with these conditions, although I do not believe, sir, that this feature of the upon Congress, it did not at first seem proporyou agree to adopt this amendment, although measure which is proposed will meet the ap- tionately diíficult. When Congress assembled in yon agree that representation shall be based | proval of our constituents. I believe that what last December the lately rebellious States were upon the numbers which constitute a part of the constituencies of the States now repre- already subdued and submissive, and all eager
39TH CONG. IST SESS.-No. 155.
to renew their allegiance to the Constitution or of the Congress which created it. On the forms anew the breath of life, and start them and the laws. Their Senators and Represent. | contrary, I concede that he truly represents the again in the career of honor, prosperity, and atives were here to take the constitutional oath || principles and policy of the majority in this equality? of otlice, and in the name of their respective Congress, and that the leadership is his, not In elaboration and earnest zeal the arguStates to pledge their fealty to the Federal || only by parliamentary usage, but by the natu- ments of the majority for the exclusion of authority. In other ways they had manifested ral right which pertains to experience, ability, || States from the Union are only equaled by their good faith. They rescinded their ordi- and courage. Nothing is further from my the efforts of the same reasoners in favor of nances of secession. They adopted the con- intentions than to indulge in unbecoming per- the disfranchisement of their people after they stitutional amendment abolishing slavery. To sonalities; but I must be allowed to say that the get in. This is proposed by the joint commitan ordinary observer not versed in the intrica- selection of such a leader is a fact which affords tee on reconstruction as a condition-precedent cies of party politics it must have appeared as me a legitimate argument in favor of the posi- to their admission at all. The purpose of this if all the sacrifices of the war were about to tion I take. For months before Congress met wholesale disfranchisement of the white people be atoned by the blessings of a redeemed and my colleague from the Lancaster district had of the South who have been engaged in the reunited country. The temper of the southern been abroad through the land, breathing pro- rebellion becomes more clearly evident when people was most propitious. In answer to a res. scription, and contiscation, and forfeiture of we consider the coördinate branch of the same olution of the Senate, on the 18th of December, State rights, and advocating suffrage for mil. scheme for acquiring control of the ballot-box President Johnson said:
lions of negroes and disfranchisement for mil. || by the enfranchisement of the blacks. Upon “In 'that portion of the Union lately in rebellion'
lions of white men. All this was well known what a comprehensive basis of philanthropy the aspect of atfairs is more promising than, in view to every member of this House; for my col- these political artificers profess to build the of all the circumstances, could well have been expected. The people throughout the entire South
league is no obscure person, and he is not in theory of “no distinction of race or color!" evince a laudable desire to renew their allegiance the habit of hiding his light under a bushel. To what a sublime pitch of eloquent declama. to the Government, and to repair the devastations When, therefore, I find this statesman the tion they swell this lofty theme of universal of war by a prompt and chcerful return to peaceful pursuits. An abiding faith is entertained that their
“head center" of the Republican majority, brotherhood. But everything has its limit; actions will conform to their professions, and that, in his acknowledged leadership is conclusive evi- and so it seems has the humanity of the Reacknowledging thesupremacy of the Constitution and dence that his policy is the policy of his party. | publican majority of the Thirty-Ninth Conthe laws of the United States, their loyalty will beunreservedly given to the Government, whose leniency
In the first speech made by him in the begin- | gress and its legitimate representative, the they cannot fail to appreciate, and whose fostering ning of this Congress he candidly stated that reconstruction comınittee. As a set-off to care will soon restore them to a condition of pros- the new guarantees demanded of the southern these glowing dissertations in favor of the perity."
States were intended for party purposes. In political rights of about four million American On the same day, and in response to the advocating the change in the basis of repre, negroes, we have from the same source argusame resolution of the Senate, General Grant sentation as it is now substantially embodied ments equally elaborate and expressions of said:
in the proposed constitutional amendment, he emotion equally as intense in favor of the right “My obscrvations lead me to the conclusion that said:
and justice of excluding from all political privthe citizens of the southern States are anxious to
“With the basis unchanged, the eighty-three south- ileges about twice that many millions of white return to self-government within the Union as soon
ern members, with the Democrats that will in the best as possible; that while reconstructing they want and
Americans. of times be clected from the North, will always give require protection from the Government; that they them a majority in Congress and in the Electoral Col
Both those objects are sought to be accomare in earnest in wishing to do what they think is
lege. They will at the very first clcction take posses- plished by the proposed amendment to the required by the Government, not humiliating to them
sion of the White House and the Halls of Congress." as citizens, and that if such a course were pointed out
Constitution reported by the committee, and they would pursue it in good faith."
now before the House for discussion. That And lie added these other significant words,
"If they should grant the right of suffrage to per- amendment, together with the bills reported
sons of color, I think there would always be Union as if to administer a rebuke to the proscrip- white men enough in the South, aided by the blacks,
in connection with the same, is submitted to tive body of men to whom his language was
to divide the representation, and thus continue the the House and the country as the best conaddressed: Republican ascendency."
sidered plan of reconstruction which the com“It is to be regretted that there cannot be a greater
In none of the speeches which have been mittee, after five months? incubation, have commingling at this time between the citizens of made upon this foor by other prominent been able to produce for the consolation of the two sections, and particularly of those intrusted leaders of the majority will be found any dec- a distracted nation. The plan is, at least in with the law-making power."
laration of motive so outspoken as that of the my opinion, inost admirably adapted to its Such was the condition of affairs at the com- chairman of the committee on reconstruction. || design, which was nothing more nor less than mencement of the present Congress. All obsta- But in all of them will be found a course of the solution of the problem of how not to do cles to immediate reunion seemed to have been argument in harmony with the policy declared it.” In this I think it may be fairly said, in happily removed. At the South no man op- by him, and adverse to the immediate restora- justice to the committee, that they have fully posed. But lo, in this hour of the nation's hope tion of the Union. The Congressional Globe met the public expectation. and expectation, the leaders of the great so- groans beneath the weight of innumerable col- The terms laid down by the committee as called Union party stood at the doors of the umns of labored argument to prove that eleven the conditions-precedent to the admission of Capitol and barred the way. They demanded States are States no more, but subjugated prov. representatives in Congress from the States of the repentant and returning rebels new guar- inces outside of the Union, and subject to the lately in insurrection are of such a nature as antees as the price of representation in Con- absolute will of the conqueror.
to preclude any reasonable hope of their acceptgress. ** You represent dead States," said one; this disunion theory the various authors upon The third section of the proposed con
Treason is a crime and must be punished, international law have been ransacked, and stitutional amendment, which I propose first said another; “Give the ballot to the negroes, Grotius and Vattel have been misapplied and to consider, is itself sufficient to convince any said all of them; “Disfranchise nine tenths | perverted with an amount of zeal and industry reflecting man that the amendment is not iuof your white voters," said another; “You which might be entitled to commendation if tended for adoption, but only to operate by are too many,'' said the chief among the lead employed to unite instead of to divide the means of its expected non
on-adoption as an ers, " you will vote with the Democrats, and country.
excuse for the exclusion of southern representthey and you together, being a majority of the I do not propose to follow these learned doc- atives for an indefinite period. It reads as people, will at the very first election turn the tors through the labyrinths which lead to the follows: Republicans out of oflice."
theoretical death and amputation of eleven Sec. 3. Until the 4th day of July, in the year 1870, It shall now be my purpose, as briefly as I members of the body-politic. For after all all persons who voluntarily adhered to the late incan, to analyze and expose the nature of the the refinements of logic and the subtleties of
surrection, giving it aid and comfort, shall be ex
cluded from the right to vote for representatives in guarantees in the absence of which this Con- foreign lore have been exhausted they fail to Congress and for electors for President and Vice gress proposes to perpetuate disunion. I main
answer the simple practical question. If, as President of the United States. tain that they are no guarantees for the safety admitted by all, secession was a failure and The effect of this amendment, if adopted, of the Republic which are wanted, but guaran- the war a success, how did the rebellious States || would be to disfranchise for a period of over tour tees for the safety of the Republican party. For get out of the Union ? If they are States in years nine tenths of the voting population of this it is that the hopes of the nation have been the Union shall we appeal to Grotius and Vat- eleven States. Does any sane man believe such falsified, and great national responsibilities and tel to define their rights, and the status of their terms would be accepted? When iu the history interests sacrificed and betrayed. For this it people, and the extent of the Federal power of nations did a free people voluntarily consent was, and not for the restoration of the Union, over them? Or shall we rather go to the fount- to such a degradation? It is a condition which that the joint committee of fifteen on recon- ain head of our own political system, the Con- could not be accepted with honor, and it is a struction was invented. Its author and mover stitution of the United States, and to the writ- || condition, therefore, which is not fit to be prohas been fitly enough placed at its head. From | ings of those who made it? What, indeed, | posed to any American community by an Amerthat moment disappointment ceased, for hope | if the States were dead, or as some with more ican Congress. had fled. No sane or intelligent man in the refinement than others express it, in a state But it is said that we have the rightful power country from that hour ever looked to the com- of suspended animation, what might we then to impose such a condition. If we had, its mittee of fifteen for anything else than an ingen- || expect from a body of patriotic statesmen exercise would still be most unwise. It needs ious scheme to keep out the southern States, assembled for the reconstruction of the Gov. no argument to demonstrate that in statesman. and to prevent the restoration of the Union until ernment? Which would be the purer and the ship magnanimity is a nobier quality, and withal after the next presidential election. I do not nobler statesmanship, to trample upon the in- a sounder policy, than tyranny; and that it is mean to attribute to the chairman of the com- animate carcasses of the prostrate States with better for a Government to call forth blessings mittee of fifteen the sole responsibility of the the iron heels of political proscription and sec- by its clemency than to provoke the curses of acts or omissions of either the committee itself tional bate, or to breathe into their passive ll a people by its oppression.
But I deny altogether the right of the Fed- || conspiracy to keep the control of the Govern- the conditions of the future admission of the eral Government to disfranchise the majority
ment against the will of a majority of the peo- States in these words: of the citizens of any State on account of their || ple of the whole country.
Be it enacted by the Senate and House of Representapast participation in the rebellion. They who Will it be pretended that, counting in the tives of the United States of America in Congress assem
bled, That whenever the above recited amendment have committed treason are amenable to the population of all sections, those who seek to
shall have become part of the Constitution of the laws, even after they have returned to their destroy the country are more numerous than United States, and any State lately in insurrection allegiance. But you cannot make new laws those who desire to save it? If this be so, the shall have ratified the game, and shull have modified and a new Constitution to meet their case. country is already doomed, and there is no
its constitution and laws in conformity therewith,
the Senators and Representatives from such State, Treason is undoubtedly a crime and may be
salvation for it. If, on the other hand, a ma- if found duly elected and qualified, may, after having punished, but by no bill of attainder or ex post | jority of the whole people will stand by the taken the required oaths of office, be admitted into facto law such as is provided in the amend- country, it is not in the power of any sectional
Congress as such. ment before the House.
minority to destroy it, and the loyal majority It will be observed that even after any State The ninth section of the first article of the can better and more safely govern the oppos- | lately in insurrection shall have complied with Constitution declares
ing minority, if there be such, inside of the the condition, "and shall have ratified the "No bill of attainder or ex post facto law shall be
Union than out of it. I know there are men amendment and modified its constitution in passed."
on this floor who seek every opportunity to conformity therewith, the Senators and RepreThat single prohibition is in itself a complete insult the common sense of the country by sentatives from such State, if duly elected and answer to all that has been said in support of harangues attributing to the Democratic party | qualified, may,'' not shall, but "may," "after the doctrine of the reconstruction committee. at the North complicity with the rebellion. If || having taken the required oaths of ffice, be If any further answer were needed, it would be this atrocious slander had in it any truth; if the admitted into Congress as such." found in the ninth and tenth articles of the great Democratic party of the North, instead The precious boon thus graciously tendered saine instrument:
of sending its hundreds of thousands of volun- by the reconstruction committee as the reward "ART. 9. The enumeration in the Constitution of teers into the ranks of the Federal armies, had of absolute submission to all its behests is after certain rights shall not be construed to deny or dis- gone over to the enemy or had remained only all but a chance of representation dependent parage others retained by the people. Art. 10. The powers not delegated to the United
passive spectators of the scene, the victorious upon the pleasure of that or some similar comStates are reserved to the States respectively, or to
rebels would long ago have taken possession of mittee, and to be regulated, doubtless, by the the people."
the capital and the country. No one party can political exigencies of the times. Perpetual It will not do to say that the civil war has rightfully boast of having saved the country, and exclusion, of course, is not contemplated by the abrogated the constitutional rights of rebel- those who are the most bloody-minded and pro- committee, and representation is doubtless inlious citizens, and that vengeance beyond the scriptive in the uses of victory, as a general rule, tended to be allowed at as early a day as is conboundaries of what is written is to be justified have shed the least blood in its achievement. sistent with the safety of the Republican party to the Federal Government by right of con- I have considered the third section of the and the four years' disfranchisement provided quest. Not only is such a doctrine opposed || amendment reported by the committee, first, || by the third section is only intended to make by the express prohibitions of the Constitu- || because it is the most objectionable of all the || the next presidential election entirely sure, and tion, but Congress and the whole nation stand parts. I am opposed, however, to any further to secure a safe working majority in Congress pledged before the world against any such in
to terpretation. After the civil war had com
of any State menced, and after a great battle had been Union. But my limited time will not allow | strangely excited in the argument of this quesfought, Congress passed through both Houses, me to dwell at much length upon the remain- tion of southern representation. There are those by an almost unanimous vote, the following || ing sections.
who declaim upon it as if it were proposed to resolution:
The first section embodies the principles of | bring into this House unrepentant rebels still "That this war is not prosecuted upon our part in
the civil rights bill, and is intended to secure breathing treason against the Government and any spirit of oppression, por for any purpose of con- ultimately, and to some extent indirectly, the plotting its overthrow while claiming to have a quest or subjugation, nor purpose of overthrowing political equality of the negro race. It is objec
voice in its or interfering with the rights or established institu
is no such propotions of those States, but to defend and maintain the tionable also in its phraseology, being open to
sition. If there were such a proposition I am supremacy of the Constitution and all laws made in ambiguity and admitting of conflicting con- sure it would have no advocates upon this floor. pursuance thereof, and to preserve the Union with all the dignity, cquality, and rights of the several States structions.
If such representatives were sent from the unimpaired; that as soon as these objects are accom
The second section of the amendment is | South, the majority have the power to exclude plished the war ought to cease,
ostensibly intended to remedy a supposed in- | them, or to expel them after they had obtained Everywhere throughout the loyal sections of equality in the basis of representation. The an entrance. the country this was the accepted doctrine, and real object is to reduce the number of southern It is argued that those who have once rebelled under it and for it the nation's treasure was representatives in Congress and in the Electo- against the Government deserve to be disfranpoured out and the nation's blood was shed. ral College; and also to operate as a standing || chised; but you cannot disfranchise a majorIt was our tower of strength, and clothed us inducement to negro suffrage. It may indeed || ity of the voters of a State without the estabin the indestructible panoply of right. Shall be said that there is some well-founded objec- || lishment of an oligarchy; and the Constitution we now, when the war is over, be told that this tion to the present basis of representation.
as our fathers made it guaranties a republican was only a sham, a blind to delude the people But while eleven States remain without any form of government to every State. and recruit the armies?
representation in either House of Congress we Besides, it is not for them alone that the The gentleman from Ohio, [Mr. SIELLABAR- may well postpone all minor reforms until the Union is to be restored, but for ourselves also, GER,] in his speech delivered upon this subject Constitution as it now is shall be first applied in and our children. Every hour during which on the 21st of April, based his argument for the good faith by those self-same Constitution mend- we govern the eleven States with their twelve right to disfranchise the population of the late ers. Justice and equality might also be promoted million people as conquered provinces carries rebellious States upon the doctrine of self- by carrying the reform into some other quar- us further away from the original landmarks preservation as the universal right and duty of ters. There can, for example, be no good reason
of the Constitution and brings us nearer to nations. He argued this right upon an assumed | founded in justice and equality why the six New centralization and military despotism. state of facts with great force and learning; England States, with a population of little Mr. KELLEY. Mr. Speaker, I know not but the proof of the main premises of his prop; over three millions, should have twelve votes that I am called specially to give utterance to osition he altogether omitted. He assumed in the Senate of the United States, and the my thoughts on this measure. The report of without proof that such disfranchisement is in State of New York, with a population of about the committee does not meet my expectation, this case necessary for the preservation of the four millions, only two. Would it not promote and one of its propositions is in conflict with nation; and that essential link being wanting, justice and equality to reconstruct in this some of my well-considered convictions. If, his entire elaborate argument falls to the ground. respect New England's lucky six as well as however, those with whom I am sent to coöpIf there does exist any necessity for the dis- Dixie's unlucky eleven?
erate in this House deem this measure wise and franchisement of the people of eleven States The fourth section of the amendment pro- l expedient, I will vote for it. I am prompted of this Union it must be because if suffered to hibits the assumption of the rebel debt by the to speak because it will enable me to gratify vote for representatives and for President they United States or any of them. But I imagine gentlemen on the other side of the House, by would be numerically strong enough through there is no hot haste required to prohibit by a allowing them to hear voices from one of the the legitimate channels of legislation to con- constitutional enactment the payment of this disfranchised States. They will, I know, be trol the Government of the country. But it is debt by the bankrupt States of the South; and gratified to learn that they are not entirely plain that of themselves they constitute a very I do not suppose that any man outside of a voiceless or powerless on this floor. perceptible minority of the entire nation. How, lunatic asylum ever dreamed it would be paid One thing attracted my attention and doubtthen, could they get control of the Govern- by any one else. Besides, a constitutional | less that of others while listening to the speech ment? It is plain that they never could acquire amendment has already been passed this ses- of the gentleman from Ohio (Mr. Finck) and the sway in Congress or elect a President ex- sion by Congress to the same effect.
that of my eloquent colleague, [Mr. Boyer,] cept with the help of a sufficient number of The fifth and last section of the amendment and that was that either of them embodied in loyal voters in other sections of the country to empowers Congress to enforce by appropriate the text of his speech the text of the amendconstitute with themselves a majority of the legislation the provisions of the article. ment they were discussing. I do not think whole people. In what attitude does this leave Upon this latter it will not be necessary to this omission was accia ental. I apprehend the party who upon this ground are striving to remark.
they would rather their constituents should exclude southern representatives? Why, in the The amendment is accompanied by a bill, read their denunciatory remarks than the lanattitude of a conscious minority engaged in a the first section of which proposes to prescribe ll guage of the propositions under consideration.