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people and governments of the eleven rebel- man upon this floor not identified with the and I assert as a necessary and natural consefious States, have not in any way changed the Democratic party who still sustains what he quence that they cannot get into their proper constitutional relations which previous to the understands to be the executive policy, I will relation except by our consent who represent war subsisted between those people and States offer him five minutes of the brief time remain- the loyal States of this country. This is the on the one hand and the national Government ing to me to show to the House and country material fact, and it is wholly unnecessary at on the other; and, as a consequence,
where the policy of the President differs from the present time to inquire into the truth or 3. That those States respectively, and the the ancient and consistent policy of the Dem- falsity of the various theories which have been loyal people thereof, have an immediate and ocratic party.
presented on the subject. unquestionable right of representation ; pro- Mr. RANDALL, of Pennsylvania. I will Some objection has been made by gentlemen vided, always, that in each case the person show the gentleman.
on this side of the House, as well as the other, elected now is, and heretofore has been, loyal Mr. BOUTWELL. The gentleman is not to the third section of the article reported by to the Government and a supporter of the Con
the committee. I freely confess that the adopstitution of the country, of which fact each With all kindness I desire to ask my friend tion of the third section is not necessary to the House is the sole judge on the question of the who represents the sixth district of the city of subject matter which we have in hand. My. right of a claimant to a seat; and therefore, New York [Mr. RAYMOND] whether he does own views of reconstruction lead me in the
4. That no legislation or amendment of the not see that these propositions, which are sus- opposite direction. I should prefer to include Constitution is necessary, or even proper, as a tained by the President and the Democrats those who are our friends rather than exclude prerequisite to the full
exercise of the right of throughout the country, if carried into effect even those who are our enemies. But inagrepresentation in the Congress of the United portend the destruction of the Government. much as gentlemen on this floor are not preStates by the people and States lately in insur- First, chiefly we traverse the Democratic pared, as they say, to include those in the gov. rection.
propositions by a resolution now before this erning force of the country who have sustained Mr. RANDALL, of Pennsylvania. If the House in this particular. We admit equality the country, I see no safety in the present gentleman will insert the words “the loyal of representation based upon the exercise of except in some sort of exclusion of those who people” I think he will state the position some the elective franchise by the people. The prop- are its enemies. We are to consider what sort Democratic gentlemen take.
osition in the matter of suffrage falls short of of enemies these men are. We have defeated Mr. BOUIWELL. That is the difference
what I desire, but so far as it goes it tends to them in arms, but in the proposition of the between the gentleman from Pennsylvania and the equalization of the inequality at present Democratic party, we invite them to the only his friend, Mr. Stephens, of Georgia. Possi- existing; and while I demand and shall con- field in which they have any chance of success bly there may be no difference. Stephens tinue to demand the franchise for all loyal male in the contest in which they have been engaged. insists that if a man be loyal to-day there shall citizens of this country—and I cannot but admit They have been beaten, and what do you be no inquiry into his previous character. the possibility that ultimately those eleven | ask, and what do you offer? You ask them
Mr. RANDALL, of Pennsylvania. I do not States may be restored to representative power to come into the councils of the nation where know by what authority the gentleman classifies without the right of franchise being conferred | they have a chance of success, and where the me with Mr. Stephens. upon the colored people--I should feel my- only chance of success remains.
Who are Mr. BOUTWELL. I will not make any self doubly humiliated and disgraced, and crim- | these men? They are the men who to-day classification disagreeable to the gentleman. inal even, if I hesitated to do what I can for a are radically, honestly, persistently, and reli I wish to ask whether he means by the word | proposition which equalizes representation. giously opposed to this Government if this "loyal'' a man who declares himself to be loyal Can any party or any man defend the propo- Government exercises its functions. The gennow, or does he propose to ascertain whether sition now before the country to allow the States | tleman from Wisconsin [Mr. ELDRIDGE] may the man has heretofore been loyal?
lately in rebellion to come in with their power not have heard of what Mr. Stephens told the Mr. RANDALL, of Pennsylvania. I mean undiminished, so that two rebel soldiers, whose committee; and who is Mr. Stephens? Mr. to say, on the question of representation, that hands are dripping with the blood of our fellow- | Stephens was believed to be the most conwhen a man comes from a State, competent men, whose opinions as to the right of this servative, most Union-loving man in the whole to be qualificd as you and I have qualified, we Government to exist are unchanged, shall exer- southern country; and if the opinions to should admit him.
cise the political power of three loyal Union which I shall refer be his opinions, with how Mr. BOUTWELL. That is a proposition, soldiers Yet the gentlemen who support this much stronger reason may we suppose that and not an answer to the question.
proposition ask the country to accept these they are the opinions of those to whom forMr. RANDALL, of Pennsylvania. The gen- States here with their representation undimin- merly he himself was somewhat opposed. tleman has urged the great consistency of the ished. And those echoing the language of Alex- What does he tell us? He tells us that in Democratic party: If he will allow me, I will ander Stephens are unwilling that the Consti- 1861 he protested against the action of the send to the Clerk's desk, to be read, a portion || tution shall be amended in this particular until secessionists, not because he believed that of the Chicago platform. I would like to show the return of the eleven States, thereby ren- they had not a constitutional basis upon which the inconsistencies of his own party.
dering it absolutely impossible that there shall to stand, but because he thought secession Mr. BOUTWELL. I have no time for the be any adjustment of these difficulties after the bad policy, and he says that to-day his opininconsistencies of any party. When I have return of those States.
ions are unchanged; that is to say, Mr. Steproved the consistency of the gentleman's own I can do no less than say that I believe that | phens believes that this Government has no party I think he ought to be satisfied. They the man of whatsoever party or State who | right to exist if the insignificant State of Florhave been consistent in wrong-doing so far as adopts this proposition or uses his influence ida, for instance, thinks it ought not to exist; the interests of the country are concerned, and for its support by the people, is recreant to the and what Mr. Stephens believes, according to upon the point I make an observation which I
cause of justice, of liberty, and of humanity his own testimony, is believed by the great desire to have considered in connection with on this continent. And yet, to that doctrine, | majority of the people whom he represents in the distinction with which I preface it.
so full of injustice, and so flagrant in principle, Georgia, and in various portions of the South, I do not say that every man who supports the Democratic party is committed. And in and whose views he understands. These are the propositions which I have stated here to- this hour of the nation's peril it is our sad mis- the men that you are invited to receive into day gave aid and comfort to the rebellion and fortune that we are compelled to admit that he the Government of the country, men who deny participated in treason, but the converse of who has received the suffrage of a generous the right of this Government to exist. this proposition is true, and the country ought people for the second office in the gift of the It is said by gentlemen on the other side of to notice the fact. The instincts of men are country accepts that as his doctrine.
the House that when they present a Repre. higher than the reason of men, for through the The justification of all this is once a State sentative here he must be a loyal man. I need instincts God teaches without the intervention always a State;'' that there is no power in the not say to gentlemen acquainted with the of fallible logic and theories of reason. The General Government to resist this policy; and technicalities of the law, that a loyal man, instincts of men are right on all these matters. that we who say that nothing shall be done in for all purposes of representation, is a man The affirmative proposition that I lay down is, the way of restoration to political power to those whose disloyalty cannot be proved. When we that as far as there is any testimony before the States until this inequality is adjusted, are our- open the doors of the Senate and of this House country, every traitor of the South and every selves disturbers of the public peace and advo.. to representatives from that section of the sympathizer with treason in the North sustains cates of disunion.
country, they will only have to present men the policy of the Democratic party and the Well, sir, I am for a Union, and forthat Union who cannot be convicted of having participated President. That is an alarming fact.
only in which there is substantial justice among actively and willingly in the work of treason; Mr. CHANLER. The gentleman dropped the men and between the States composing but they may send men here who represent his voice and we have not been able to hear it. I accept one fact, and no gentleman can treasonable and disunion opinions, and we shall the last words which he uttered.
escape the force of that fact, and that is, that liave no power to protect ourselves against Mr. BOUTWELL. If I have said some- these eleven States are not to-day represented them. When ever was a more insidious idea thing that the gentleman from New York did in the Congress of this country, and with my presented to the people of this country than not hear I commend him to the Globe of to- consent they never shall be until this inequality that there is any security in demanding merely morrow morning, for I do not propose to make is adjusted, or its adjustment provided for. loyal representatives? We are false to our any change in what I said.
That is the fact. How it has come to pass | duty if we do not go further and require that in Mr. CÁANLER. The gentleman's argu- that they are not represented is not material each of these States, before they are allowed ment was evidently confined to his own party to the business we have in hand: I accept the representation, the masses of the people shall as we did not hear it here.
statement made by Mr. Lincoln in his last be loyal, for the representative will reflect the Mr. BOUTWELL. Now, then, we traverse public address, that these States are out of views of the people. You cannot gather figs these propositions, and if there be any gentle- ll their proper practical relations to the Union, ll from thorns, or grapes from thistles. You
must wait, if it be necessary to wait, until there
As to the first measure proposed, a person is a loyal controlling public sentiment in each Mr. STEVENS. I desire to give notice that may read it five hundred years hence without one of these States.
It is nothing to this coun- unless the House shall feel otherwise inclined l gathering from it any idea that this rebellion try that Tennessee sends Mr. Maynard, a loyal || I will to-morrow, at three o'clock, call the ever existed. The same may be said of the man, here. We want to know what Tennes. previous question, and ask a vote on this joint second proposition, for it only proposes that, see is; and the circumstance that Mr. Maynard resolution. Several of our friends wish to go the bondsmen being made frec, the apportionis himself a loyal man, if his State is not loyal, away to-morrow evening, and I desire that ment of Representatives in Congress shall be is a reason why he should neither ask to be they shall have the pleasure of voting for this based upon the whole number of persons who received or we submit to his admission. And measure before they leave the city.
exercise the elective franchise, instead of the it is not sufficient that there be loyal districts Mr. SPALDING. Mr. Speaker, the report || population. in the State. A State is represented in the of the committee has elicited in this House a The third section-and this is the one to Senate and in the House as a State. There is most searching criticism. It is approved and which exception is taken by my friends on the no constitutional capacity for representation disapproved, either wholly or in part, accord- | right and left-proposes that no person who except through State organization. Repre- ing to the views entertained by the particular was actively engaged in rebellion against our sentatives in this House are apportioned by individuals who have obtained the floor. Government shall have the right to vote for the Constitution among the several States. It does not, in all respects, come up to the members of Congress or for electors of the
When we find that Tennessee is, as a whole, standard which my imperfect judgment had President and Vice President of the United loyal to the Government, then we may accept erected, but I have lived long enough to know States until the year 1870. Is this exception- . Representatives from Tennessee, and trust to that very few things of a public character can able? Is it objectionable? If it be so, it is, in the people to send loyal men here. But if we be accomplished without some abnegation of my judgment, for the reason that the duration accept Representatives from Tennessee be- one's own notions of propriety, and a respect- of the period of incapacity is not extended cause they, individually, are loyal, while Ten- ful deference to the opinions of others. more widely. I take my stand here that it is nessce herself is disloyal, you will have thrust The joint committee on reconstruction was necessary to ingraft into that enduring instruicto this House and into the Government of made up of able and patriotic men. They | ment, called the Constitution of the United the country disloyal men; and what does it have labored assiduously for nearly six months, || States, something which shall admonish this portend? Mr. Stephens denies the constitu- and have now given to us the result of their rebellious people and all who shall come after tional efficacy of our amendment abolishing deliberations in certain proposed amendments them that treason against the Government is slavery. He says that slavery has been abol- of the Constitution, and sundry propositions | odious; that it carries with it some penalty, ished by the States. He says that the law tax- for legislative enactment.
some disqualification; and the only one which ing the people of this country has no constitu- Regarding it as more important that some we seek to attach by this amendment is a distional force, because they are not represented. definite projet be presented by Congress to the qualification in voting-not for their State and Do you not see that his insidious and danger- people of the United States than that the plan county and town officers, but for members of ous doctrines, which are responded to by the itself approach very nearly to perfection, and Congress, who are to be the law-makers, and whole Democratic party of the country, por- fearing the effect of amendments upon the for the Executive of the United States, this tend the destruction of the public credit, the successful passage of the measures proposed | disqualification to operate for the short period repudiation of the public debt, and the disor- through Congress, I have brought my mind to of four years. Now, sir, will any patriotic, any ganization of society?
the conclusion that I shall best subserve the || loyal man object to putting this memorial upon We are the conservative, the order-seeking, cause of patriotism and the country's good by the Constitution as they would put ' memento the Union-loving, the loyal men of the coun- voting severally and collectively for the meas- mori” upon the head of a tombstone ? try. They who oppose ineasures for the pacifi- ures reported by the committee.
But, sir, there is another reason why we cation of the country with reference to the We are in the process of legislation to bring should ingrast this provision upon the Constirights of the States and the rights of men are back into the councils of the nation a class of tution. All our congressional legislation may the disorganizers, the disloyal and dangerous | citizens who during the last five years have be considered as ephemeral. I know that my men of this Republic.
avowed the most inveterate hostility to our friends on the other side of the House always Şir, it will be found that the Union party Government and its free institutions, and who take courage when we advance the idea that at stands unitedly upon two propositions. The have waged a most cruel war against our peo- some remote period they may gain possession first is equality of representation, about which ple upon the battle-field. Does any sane man of the controlling power in these Halls and there is no difference of opinion. The second believe that the loyal people of the United carry measures according to the dictates of is, that there shall be a loyal people in each States who have submitted to these great sac- their own wisdom and sense of patriotism. Sir, applicant State before any representative from rifices, who have incurred the risk of losing || let the effect fall where it may, and give conthat State is admitted in Congress. And there | the benefit of the free institutions handed down solation to whom it will, I still declare that all is a third; a vast majority of the Republican to them by our fathers, who have, by the bra- these matters are within the bounds, not only party, soon to be the controlling and entire very of their sons, put down this accursed of possibility, but of probability, that at some force of that party, demand suffrage for our rebellion upon the battle-field; I say,
not very remote period, if we admit Representfriends, for those who have stood by us in our reflecting man suppose that we are so bereftatives from the rebel States into this Hall withdays of tribulation. And for myself, with the of our senses as to admit these same men, out qualification, the prospect is that, in conright of course to change my opinion, I believe (without a why or a wherefore," into the junction with their friends who have so strongly in the constitutional power of the Government Halls of Congress to make laws for our gov- sympathized with them during the four years to-day to extend the elective franchise to every ernment, and the government of our fellow- of this recent strife, they will repeal many, if loyal male citizen of the Republic.
citizens at home, who are quite as loyal as not all, of the measures which we have adopted If I have any time left I will yield it to the ourselves? Sir, it is idle to say that any sane for the welfare and the salvation of the coungentleman from lowa, [Mr. Wilson.] man expects it. It seems to me that the only try. Hence I insist that something of this sort
The SPEAKER. Tlie gentleman from Mas- question for our consideration is, what guaran- should go into the Constitution, where it shall sachusetts [Mr. BOUTWELL] has two minutes tees may Congress exact from this rebellious | require not only the action of the Senate and of his half hour left.
people--a people who not only fought us, but the House of Representatives, but the action Mr. WILSON, of Iowa. That is so short a who declared time and again that they detested of the State Legislatures to erase it. For this time I will not avail myself of it, as it will not our principles of government, and that they | reason, and because it is dangerous at this admit of any reply from the gentleman from would sooner unite with the monarchies of moment to receive these men here to make New York, (Mr. Raymond.]
Great Britain and France than live under our laws for the loyal people of the country, I go
free Government with the race they in derision SUFFRAGE IN TIIE TERRITORIES.
for the adoption of this third section, which termed “the Yankees?''
disqualifies active and known rebels from parMr. JULIAN, by unanimous cousent, intro- It has been said in high places that treason ticipating in the election of Federal officers. duced a bill concerning the elective franchise was the greatest of crimes, and that it should Mr. Speaker, much is said, much has been in the Territories of the United States and the be made known for the benefit of all coming | said-too much, sometimes, has been said, admission of new States into the Union ; which | generations, and as an example to the civilized about the difference between Congress and the was read a first and second time, referred to world that traitors would surely be punished. Executive of the nation. Sir, I look upon this the Committee on the Judiciary, and ordered We have heard it said by those in authority subject in a somewhat different light from some to be printed.
that the leading traitors should be tried and of my friends whose superior wisdom I am
hung, while the infatuated rank and file might | proud to acknowledge. I feel that under our INCREASE OF PENSIONS.
be pardoned. That is very well; but I would Government we owe some deference to the staMr. TAYLOR, by unanimous consent, intro- inquire, what leading traitors have been hung? | tion of the President of the United States; duced to bill to increase the pensions of certain What leading traitor has been hung? What and I feel that, however we may differ in sendisabled officers of the volunteer service; which leading traitors or what leading traitor will be timent with the incumbent of that high office, was read a first and second time, and referred | hung?
we ought, at all times and under all circumto the Committee on Invalid Pensions.
Mr. GRINNELL. Mrs. Surratt.
stances, to treat him respectfully. Hence I Mr. SPALDING. “Mrs. Surratt!" She would have preferred, from the first hour of this
was tried and sentenced and hung as an assas- Congress to the last, that there should have been Mr. ORTH asked and obtained leave of sin, and not as a traitor.
no personal abuse of the incumbent of the absence for his colleague, Mr. FARQUHAR, for Now, sir, we propose to amend the Consti- | presidential chair. two weeks from last Monday.
tution of the United States in several respects. I honor my friends for standing up manfully
LEAVE OF ABSENCE.
to their own opinions. There is a difference between the President and Congress; and, as I conceive, that difference amounts to this: the majority in Congress believe that it would be prejudicial to the best interests of our Gov. ernment and nation to receive back, immediately and unconditionally, the men who were lately in rebellion. I believe this, as I believe any other great truth which was ever set before my mind for belief. I have no doubt upon the subject. Hence I cannot but be surprised that a gentleman who has gone through the rugged experience of the President of the United States should be willing and ready to trust these men now without having some of these guarantees which we are insisting upon. It is a difference of policy, as gentlemen say. Let it be a difference of policy. We will admit that our policy is to receive back these rebellious States with suitable guarantees.
It is the policy of the President of the United States, in the faith that they will conduct themselves loyally and properly, to receive them without these
suppose these to be the respective systems of policy of the President and of Congress. While we maintain steadfastly what we believe to be the rights of the legislative branch of this Government, while we adhere firmly to our opinions and go on legislating for such measures as we suppose the public good de. mands at our hands, and do it firmly, decidedly, independently, may we not, at th same time, do it without casting personal reproach upon or indulging in personal abuse of the incunbent of the presidential chair? Sir, I believe I have the character among my constituents of being sufficiently radical for all useful purposes. I am prepared to vote here with my party friends, side by side with him who goes for the most extreme measures, but at the same time I deny the necessity of using personal invectives toward the Executive of the nation or the heads of the Departments. It cannot be necessary. It is not justifiable. We liave all business to transact for our constituents with the President and the Departments. We must necessarily be brought into contact with them, and we expect to be received and treated by them as gentlemen. Why cannot we speak of them without indulging in vilification and abuse?
I have already said that, believing in the wisdom, patriotism, and sagacity of the committee which has reported the measures under consideration, I shall avail myself of their praiseworthy labors and shall vote for one and all of their propositions. I am content to take the whole of them, and hope they will be put through both branches of Congress, so that the people may see that we have a policy as well as the President.
Mr. MILLER. Mr. Speaker, I am glad that the committee on reconstruction, through their honorable chairman, [Mr. Stevens,] have reported to this House a proposition for certain amendments to the Constitution of the United States, which, if approved by two thirds of both Houses and then ratified by the Legislatures of three fourths of the several States, will become a part thereof.
The article of the proposed amendment contains five sections.
The first provides that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
The second section provides that Representatives shall be apportioned among the several States which may be included within the Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in re
bellion or other crime, the basis of representa- those States whose Legislatures may have tion in such State shall be reduced in the pro- || adjourned will, immediately after the approval portion which the number of such male citi- of these amendments by Congress, convene zens shall bear to the whole number of male the Legislatures in order that they may ratify citizens not less than twenty-one years of age.
them. The third section prohibits, until the 4th of The third section, though it seems just on July, 1870, from voting for Representatives in its face, I doubt the propriety of embodying Congress and for electors of President and Vice it with the other amendments, as it may President of the United States, all persons who retard, if not endanger, the ratification of the voluntarily adhered to the late insurrection, amendment in regard to representation, and giving it aid and comfort.
we cannot afford to endanger in any manner The fourth section provides that,
a matter of such vital importance to the counNeither the United States nor any State shall as- try. I therefore, Mr. Speaker, propose to sume or pay any debt or obligation already incurred strike out this third section and submit it as a in aid of insurrection or war against the United States, or for any claim for compensation for loss of invol
separate and distinct proposition, which ceruntary service or labor.
tainly ought to meet the approval of all our And the fifth section gives Congress the
friends. I cannot concur with the honorable power to enforce by appropriate legislation the gentleman from Massachusetts [Mr. Bortprovisions of this article.
WELL] that every part of a State must be strictly These proposed amendments now being un.
loyal before allowed a representation in Con. der consideration, I will give my views briefly | gress. I fear if that doctrine should be carried in regard to them.
out some of our northern States would be left As to the first, it is so just that no State shall without representation in Congress; that rulo deprive any person of life, liberty, or property might, however, suit very well for Massachuwithout due process of law, nor deny equal
setts where they seem to be nearly all of one protection of the laws, and so clearly within opinion. the spirit of the Declaration of Independence
The honorable gentleman, to enforce his of the 4th of July, 1776, that no member of this
views, repeated a portion of what Alexander House can seriously object to it.
H. Stephens, late vice president of the soThe next, as to representation, I deem the called southern confederacy, stated before the most important amendment, and is in fact the committee on reconstruction. I do not think, corner-stone of the stability of our Government. Mr. Speaker, that the sentiment expressed by In the Constitution of the United States of 17th
that rebel southerner ought to have any bearof September, 1787, in section two, under ar
ing upon the action of this House, except so ticle one, it is provided that
far as to prevent him from ever having a seat "Representatives and direct taxes shall be appor
in either branch of Congress or holding any tioned among the several States which may be in- office of honor, trust, or profit under the cluded within this Union according to their respect- United States. The honorable gentleman from ive numbers, which shall be determined by adding to the whole number of free persons, including those
New York, (Mr. Raymond,] in his remarks, bound to service for a term of years, and excluding seemed to think we ought not to irritate the Indians not taxed, three fifths of all other persons. southern people. While I do not wish to inflict
The word "slave" was not very palatable to any unnecessary hardships upon those States, the venerable gentlemen who framed that Con- we certainly have right to demand of thein & stitution, and therefore they used the words sure guarantee, and they ought to thank their “all others," which, of course, meant slaves. God that they have been dealt with so leniently Before the rebellion the slave States had a rep- after inflicting upon the country a debt of nearly resentation in Congress of nineteen for slaves $3,000,000,000, and causing such great afilicand about five for free blacks, and slavery tion throughout the land. being now abolished, the other two fifths would I do not wish to be understood that I would add say thirteen more, making about thirty- screen the leaders of the rebellion from pun. seven Representatives from the black man's || ishment, for on them rests the sin of misleading population. Now, conceding to each State | the great mass of the southern people. These the right to regulate the right of suffrage, they people may be thankful if they are permitted ought not to have a representation for male to live within and under the protection of the citizens not less than twenty-one years of age, United States, and enjoy their property, or a whether white or black, who are deprived of || portion of it, without participating in the affairs the exercise of suffrage. This amendment will of the Government whose very life they had settle the complication in regard to suffrage and l attempted to destroy; but Congress does not representation, leaving each State to regulate object to a representation from those States that for itself, so that it will be for it to decide when a sufficient guarantee is given by ratifywhether or not it shall have a representation | ing the requisite amendments to the Constitufor all its male citizens not less than twenty- tion of the United States, provided they send one years of age.
here loyal men. Thisamendment, Mr. Speaker, if adopted, will I feel rejoiced that my worthy colleague [Mr. give the country a sufficient guarantee against STEVENS] has consented to forego some of his any contingency that might arise in the admis- views in order to meet those of his Repubsion of representatives from the States lately in || lican friends in this House in regard to amendrebellion--I mean such men as did not volun- ments; and I hope the same fraukness will be tarily engage in the rebellion, and can take the manifested at the other end of the Capitol. oath prescribed by existing laws. I do not The fourth section is to prohibit the assumpregard the amendment of the constitutions of tion by the United States, or any of the States, those States of much practical importance, for of the rebel debt incurred in aid of the insur: the same power that makes the amendments rection or war against the United States, or may unmake; but to annul an amendment to any claim for compensation for loss of involthe Constitution of the United States requires untary service or labor. the consent of two thirds of both Houses of The importance of this amendment, Mr. Congress and a ratification by the Legislatures Speaker, is manifest, as there is no telling of three fourths of the several States or by a what influence may be brought to bear upon convention in three fourths thereof, as the one Congress at some future day when southern or the other mode of ratification may be pro- people have seats upon this floor. And as to posed by Congress; and if this amendment is the States it is necessary, in order to encouradopted it is not likely it will ever be altered age emigration to those States, that there should so as to endanger the loyal States--I mean by be some security against inflicting such debts the loyal States those States that aided us in upon those who may choose to settle there. putting down the rebellion.
This amendment is also demanded by the loyal Mr. Speaker, as we have now a large Union | people of the country, and is similar to one majority in both Houses, it is the time to pass which passed this House by an alınost unanthe requisite amendments, so as to have the imous vote in the early part of the session, same submitted to the respective States for The fifth section gives to Congress the power ratification, and I trust that the Governors of to enforce the provisions of this article by ap
propriate legislation. This of course is requi- Union according to their respective numbers, countsite to enforce the foregoing sections, or such ing the whole number of persons in each state; | operation be, as we believe, ultimately recoga
political rights of all citizens will under its of them as may be adopted, and is too plain State, the elective franchise shall be denied to any
nized and admitted. to admit of argument; and in fact is not, as I portion of its male citizens not less than twenty-one The third section, Mr. Speaker, disables am aware, contested by any gentleman in this
years of age, or in any way abridged, except for par-
until July 4, 1870, those who voluntarily sought House.
representation in such State shall be reduced in the to destroy the Government from taking part In conclusion, I would repeat, Mr. Speaker, | proportion which the number of such male citizens in the election of President and Representawhat I had occasion once before to announce
shall bear to the whole number of malo citizens not less
tives in Congress. on the floor of this Ilouse, that the only three Sec. 3. Until the 4th day of July, 1870, all persons Will any gentleman venture upon this side amendments I deem important to the Consti- who voluntarily adhered to the late insurrection, giv- of the House to argue that such men should tution of the United States as a sure guarantee
ing it aid and comfort, shall be excluded from the
be restored at once to all their political rights were these, to wit: electors for President and Vice President of the
within the Union? It is clear upon adjudged 1. That the representation in Congress shall United States.
law that the States lately in rebellion, and the be apportioned among the several States ac
SEC. 4. Neither the United States nor any State shall assume or pay any debt or obligation already
inhabitants of those States, by force of the cording to the quakfied voters of each State; incurred, or which may hereafter be incurred, in civil war and of the Union triumph in that
2. That the rebel debt incurred in the late aid of insurrection or of war against the United war, so far have lost their rights to take part rebellion shall never be assumed by the Uni
States, or any claim for compensation for loss of in the Government of the Union that some ted States or any State; and
SEC. 5. The Congress shall have power to enforc by action on the part of Congress is required to 3. To allow a tax or duty on exports, so that appropriate legislation the provisions of this article.
restore those rights. Pardon and anınesty foreign countries which purchase cotton shall This amendment is not, as I believe, all that I given by the President cannot restore them. pay a duty thereon. And it is not probable | ought to be offered by that committee and Those men cannot vote for President or for that it would be imposed on any other staple | passed by this House and made by the loyal Representatives in Congress until in some exported, and besides, the duty thus derived | Legislatures of the United States a part of our way Congress has so acted as to restore their would doubtless amount to a very large sum in organic law; but it is right as far as it goes,
The question, then, is very simple: aid of replenishing the Treasury. This latter
and upon careful examination I find contained shall national power be at once conferred on might reach some of those who in the late in it no compromise of principle. That being || those who have striven by all means open to rebellion were aiding the rebels.
settled I am willing to defer to the opinions || them to destroy the nation's life? Shall our It is true this latter proposition is not now of other gentlemen, and be content with the enemies and the enemies of the Government, before the House, but it is before the Judiciary | best that can be obtained.
as soon as they have been defeated in war, help Committee, and I trust that comunittee will soon In the fourth proposition submitted by me to direct and to control the public policy of report favorably, and I certainly cannot doubt in December last I stated what, in my judg- the Government? And that, too, while those its passage by a two-thirds vote.
ment, we ought to demand. But that cannot mpen, hostile themselves, keep from all exerENROLLED BILL SIGNED.
be had. The time will come, I do not doubt, cise of political power the only true and loyal
when in this Union of ours all men will stand Mr. TROWBRIDGE, from the Committee | equal before the law in their political and civil
friends whom we have had during these four
years of war within these southern States. on Enrolled Bills, reported that they had exrights.
Mr. Speaker, if this war has not been fought amined and found truly enrolled an act (H. R.
One amendment to the Constitution has been in vain; if our young men have not in vain No. 352) to incorporate the National Theo
passed by this llouse and rejected by the Senate. offered up their lives in battle for their counlogical Institute; when the Speaker signed the
I felt compelled to vote against it here although || try; if the treasure and life of this land haye
I regretted to be separated from friends whose not been sacrificed for naught, this thing must PROCEEDINGS BEFORE JUSTICES OF THE PEACE.
judgment I respect. But for the reasons which not be done. Mr. CULLOM, by unanimous consent, in- I briefly gave at the time I could not unite with
But, Mr. Speaker, this section is not vital to troduced an act to regulate proceedings before them upon the proposition then made.
this amendment. It may be stricken out, and justices of the peace, and for other purposes; The amendment now offered, while it is not the affirmative value of the amendment will yet which was read a first and second time, and all I could ask, is not open to the objections | be retained. I do not agree with those gentlereferred to the Committee for the District of which then controlled my vote.
men who have contended that the amendment Columbia.
And now, Mr. Speaker, I shall very briefly would be in effect deprived of its great value if COMPENSATION TO A CLERK,
give my reasons for sustaining the report of the third section is omitted from it. The objecMr. CULLOM also, by unanimous consent,
the committee and voting for the amendment tion to it, the only objection which I remember introduced the following resolution; which was which they offer to the House.
to have heard, excepting that made by the genread, and referred to the Committee of Ac
I support the first section because the doc
tleman from Ohio, (Mr. GARFIELD, ] which was counts:
trine it declares is right, and if, under the Con- answered by his colleague, [Mr. Schenck,] is Resolved, That the compensation of John Bailey,
stitution as it now stands, Congress has not based upon the argument that the section would assistant disbursing clerk, be, and the same is hereby,
the power to prohibit State legislation discrimi- be practically inoperative. If that can be shown increased and made the same as that of the Journal nating against classes of citizens or depriving | it should not be retained. But I have this to clerk, beginning with the present Congress.
any persons of life, liberty, or property without say in reply to this suggestion: there are two RECONSTRUCTION-AGAIN.
due process of law, or denying to any persons descriptions of persons who may be affected by Mr. ELIOT. Mr. Speaker, at an early day
within the State the equal protection of the this section. There are, first, the masses of during this session I offered for the considera- | laws, then, in my judgment, such power should men who do not direct affairs, but are themtion of the House the following propositions:
be distinctly conferred. I voted for the civil selves guided and controlled by others. There 1. That the United States as conquerors in war now
rights bill, and I did so under a conviction that are, as we have reason to believe, multitudes have the political power of the States recently in we have ample power to enact into law the of these men who had no heart for the rebelrebellion.
provisions of that bill. But I shall gladly do lion, as they could see no profit to themselves 2. That, until action by Congress, the President, as Commander-in-Chief of the Army and Navy, has
what I may to incorporate into the Constitution even in its success. They were led into it, authority to organize and maintain governinent provisions which will settle the doubt which | seduced into it, dragged into it; yet, being within said States.
some gentlemen entertain upon that question. || engaged, they may have so far voluntarily aided 3. That the said States are not entitled to take part
The second section, Mr. Speaker, is, in my as to be within the letter of this section. From in the government of the United States until Congress shall, on such terms as it may prescribe, confer upon judgment, as nearly correct as it can be with- their early life these men had been accustomed them the power to act.
out being fully, in full measure, right. But one to defer to the will of others. Now, there may 4. That, disclaiming all desire to impose on them hostile or burdensome conditions, and mindful only
thing is right, and that is secured by the amend- be difficulty in applying this provision to such of irreversible guarantees against future disunion or ment. Manifestly no State should liave its basis as these. Indeed, I am not anxious that it secession and of plighted faith to all who have aided of national representation enlarged by reason should be too generally applied. And it would in the overthrow of this rebellion, we declare it to be an indispensable condition for the recognition of said
of a portion of citizens within its borders to probably be found, in the practical operation States that their constitutions should secure to all the which the elective franchise is denied. If polit. | of this section, that such men were not so inhabitants thereof'equal rights before the law with- ical power shall be lost because of such denial, "voluntarily'' acting as to be embraced by its out distinction of color or race. not imposed because of participation in rebel
The will was wanting. They engaged The resolution embodying these propositions | lion or other crime, it is to be hoped that politi- in the rebellion more by force of the will of was referred, under the rule of the House, to cal interests may work in the line of justice, and others than of their own. But this section the committee on reconstruction, and the action that the end will be the impartial enfranchise- would reach the solid rebels, the men of weight, of that committee is now before the House in ment of all citizens not disqualified by crime. of personal force, of high social character and the form of a proposed amendment to the Con- Whether that end shall be attained or not, this position, the leaders in the various circles; stitution and of two bills, which will be consid- will be secured: that the measure of political | these men would be reached. There might be ered in their order.
power of any State shall be determined by that doubt as to the others, but here there would The proposed amendment contains five sec- portion of its citizens which can speak and act be no doubt. In every community the leading tions, and they are as follows:
at the polls, and shall not be enlarged because men are known; because they were leaders Sec, 1. No State shall make or enforce any law of the residence within the State of portions they are known. They have controlled affairs, which shall abridge the privileges or immunities of citizens of the United Siates; nor shall any State
of its citizens denied the right of franchise. they have formed public opinion, they have deprive any person of life, liberty, or property, with- So much for the second section of the amend- || swayed and directed and planned. Without out due process of law; nor deny to any person within ment. It is not all that I wish and would de. these men of leading character, and strong its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among
mand; but odious inequalities are removed by will, and personal individual energy, the rebelthe several States which may be included within this it and representation will be equalized, and the lion could not have gained its great propor
MESSAGE FROM TIIG SENATE,
tions. These men knew well what they wanted, tions for Senators and Representatives shall be pre- ferred, for it seems to me that the second sec. and they knew well how they might most surely scribed in caeh State by the Legislature thereof; but
tion of the bill, as I have stated before, and the Congress may at any time, by law, make or alter succeed. Whether in field or camp or council, such regulations, except as to the places of choosing
the proposition to which I referred, embodied in the army or in civil life, in cabinet or count. Senators.".
the principle of the first section of the civil ing-room, in city or in country, these men are
Now, sir, there is the very law indicated in
rights bill. known; there can be no doubt as to them, certain resolutions introduced by my friend
I was about to remark, when my time exNow, when the whole efforts of these men were directed against the Government, I want
from Rhode Island [Mr. JENCKES) on this sub- pired, that if the gentleman intended his exto ask if there is any reason or propriety or
ject for the execution of this provision. It planation to apply only to those portions of indicates a method for the execution of any
the civil rights bill which succeeded the first decency or sense in permitting them now at provision that Congress may put into the Con
section, it might raise another question, namely, once not only to be remitted to all political stitution. It will not require standing armies.
whether, after declaring all persons born in the power, and thus to determine, so far as they Here there is an act providing a method for
United States citizens and entitled to all the can, by whom the legislation of Congress shall
holding elections in States for Federal offices. rights and privileges of citizens, it would be be conducted, and who shall be our President, but also to determine themselves the very ques
You can have registry laws. Upon this regis competent for the Government of the United try list you may place the names of men who
States to enforce and protect the rights thus tions involved in the reconstruction of the Gov. ernment. We have become conquerors, have are to be disqualified, and you may also have
conferred, or thus declared by the second secthe names of all who are qualified to vote under
tion of the bill which the gentleman introduced. we not? Tell me, I pray you, when was the the law. There they will stand, there they will
Now, as I understand his remark to-day, it magnanimity of the conquering force ever taxed be, to be referred to by your Government in
was directed to the principle involved in the as the magnanimity of this nation would be by the execution of its laws. And when it comes
first section of the civil rights bill which related such a proposition? If this third section is to this House or to the Senate to determine
to the rights to be protected by the provisions stricken from the amendment I shall still supwhether a man is duly elected you can resort to
of that bill. That being conceded, the power port it. But unless I shall be satisfied by the the ordinary process applicable to a trial in a
to protect those rights must necessarily follow, arguments which I may hear that it will be so contested-election case in either body, as to
as was laid down in the well-known case of impracticable to enforce the provisions conwhether he has been elected by the men who
Prigg vs. The Commonwealth of Pennsylvania, tained in it that it would be substantially inop- were entitled to elect him.
where the Supreme Court declared that the poserative, I shall vote to retain the provision in the amendment as reported.
That will not require a standing army, and it
session of the right carries with it the power to Mr. Speaker, the fourth section of the amend
will be the application of the ordinary methods provide a remedy.
of carrying on a Government both of the Union Now, sir, it seemed to me that there was ment commends itself to all of us without arguand of the States.
an inconsistency between that record and the ment. It does not need to be defended. And for one, I am content to approve the
I may add, however, in connection with this, I explanation of to-day, and as I do not wish
that you can provide that the oflicers of elec- to do the gentleman any injustice in this action of the committee, and to commend it to the favor of the people whom we represent.
tion shall be Federal officers appointed by regard, I yield part of my time now for explathe Government of the United States, and the
nation. I can have no doubt that the duty is laid entire machinery that is used in regulating the
Mr. RAYMOND. Mr. Speaker, I supposed upon us by events which we could not control elections can be provided.
it was a matter of very little consequence to so to legislate that the restored Union shall be
[Here the hammer fell.]
any one but myself what my record might be. perpetual. Our people demand this now at our
I do not wish here to enter into a detailed exhands. The responsibility is fearful, but it is
amination of that record. Those who are more glorious too, if only we do right. Never had A message was received from the Senate, by concerned in regard to it than myself will any Congress such questions to determine. Mr. Forney, its Secretary, informing the House probably do that for me here or elesewhere. They enter into the whole future life of the that the Senate had passed, without amend- But with regard to my position upon this civil Republic. We have seen the false corner-stone ment, bill of the House No. 352, to incorporate | rights bill and the principles involved in it, I knocked from beneath the temple. It must be the National Theological Institute.
think I can explain in a very few words what it replaced by a corner-stone of righteousness, Also, a joint resolution (H. R. No.(6) rela- is so as to be understood by all. Almost at the solid and square and true. And that work is tive to the courts and post office of New York very outset of this session, before the civil rights in our hands, and it must be done.
city, with an amendment, in which the concur- bill, which passed here and which is now the Now, Mr. Speaker, I believe if this amend- rence of the House was requested.
law of the land, had been reported, I introment shall be adopted here and the bills re- Also, Senate bill No. 307, anthorizing the duced a bill proposing, first, to strike out the ported shall be substantially enacted, the great restoration of Commander Charles Hunter to word “white'' in the naturalization laws, and, work committed to us will be quickly and well the Navy, and Senate bill No. 305, to amend an secondly, declaring that all persons born in accomplished. If it be possible let us act to- act entitled “An act concerning notaries public this country heretofore, or hereafter to be born, gether. It is not possible that all of us can be for the District of Columbia,'' approved April should be, and were thereby declared to be, fully satisfied. But this amendment is, in my 8, 1864; in which the concurrence of the House citizens of the United States. judgment, safe and sure common standing- was requested.
In some remarks that I submitted
upon the ground. Let us place ourselves upon it. There
subject I stated that my object was either to
INDIAN RESERVATIONS IN CALIFORNIA, is room enough for all.
recognize the citizenship of the men lately Mr. SHELLABARGER. Mr. Speaker, I
Mr. BIDWELL, by unanimous consent, in- freed from slavery, if that citizenship existed desire to make a single suggestion in connec- troduced a bill in relation to Round Valley | already, or to confer upon them citizenship if tion with the thought that has been uttered by and other Indian reservations in northern Cal- they were not now citizens, and Congress had my friend from Massachusetts, [Mr. Eliot,] ifornia ; which was read a first and second
power so to confer it. in regard to the practicability of executing a
time, and referred to the Committee on Indian I also said that I proposed a section in the provision of the Constitution or law of Con- Affairs.
bill which declared them to be entitled to all gress which should exclude from the elective
POST ROADS IN CALIFORNIA.
the rights, privileges, and immunities of other franchise those who are disloyal. Now, sir, I Mr. BIDWELL, by unanimous consent, in
citizens of the United States, whatever those admit and have always admitted the practical troduced a bill to establish certain post roads
rights may be. difficulties which are there. As I said before, in the State of California ; which was read a
And it followed as a necessary inference that I say to-day, I would not myself apply to the masses of the common people of the South
first and second time, and referred to the || they were to have the same security for the
Committee on the Post Office and Post Roads. enjoyment of those rights and the same remany exclusion from the elective franchise. I
edy for their violation as any other citizen would not extend it to a single person whom
had; whatever laws Congress might make to I was not compelled to extend it to by my duty Mr. WILSON, of Iowa. I rise, Mr. Speaker, | protect other citizens in the enjoyment of their to the public.
simply to finish what I desired to say when the rights, they were also entitled to the protection I make this general remark for the purpose hammer fell as I was addressing the House of those laws. But the civil rights bill, when of doing what I now do. I do not fully agree before, and for the purpose, also, of giving the it came before us for our action, contained not with my colleague who spoke yesterday, that it || gentleman from New York (Mr. RAYMOND] an only this declaration, in which I fully agreed, would require standing armies to execute this opportunity to submit anything in reply that he but it contained a provision by which the Gov. law or this provision of the Constitution, but
ernment of the United States undertook to I suggest to him, and to all other right-minded I undertook, when I was on the floor before, secure to them and to all other citizens the gentlemen in regard to this matter, this really to show that the remark the gentleman made enjoyment of certain rights, and to provide for is not surrounded by any practical difficulties to-day in justification of his vote against the tlicir violation certain remedies within State after all, and will not require standing armies civil rights bill was not in harmony with his jurisdiction, where it seemed to me Congress for its execution if we are to have any Govern- action as a member of the House in the intro- under the existing Constitution had not the ment at all. In vindication of that proposition, duction of a bill guarantying the rights of right so to act. It was this provision which let me remind my colleague, and all other gen- || citizens without distinction of race or color, rendered it impossible for me, with these opin. tlemen who make this objection, that there is and also in submitting to the House a propo- ions, to vote for the bill. a plain provision in the Constitution to which sition, which I read to the House, for the benefit It was the remedy provided, one feature of we may recur in execution of this amendment of the freedmen.
which was giving power to the judiciary of the or this statute, as I hold we may give it the I stated that I could not see that the position United States to imprison officers of the State form of a statute. I will read it:
taken to-day was consistent with that presented courts for enforcing State laws, which I did not "The times, places, and manner of holding elec- by the bill and the proposition to which I re- think Congress had the right to do; it was this