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a modification of my amendment at the sug: our legislation and what geographical limits we The question being taken by yeas and nays; gestion of the Senator from California, and intend to include. It leaves nothing uncertain, resulted-yeas 5, nays 31; as follows: have further modified it, so that it now reads : as the amendment offered by the Senator from YEAS-Messrs. Drake, Hartan, McDonald, Pome

No State whose inhabitants were by the proclama- Missouri seems to do. For instance, the diffi- roy, and Tipton-5. tion of the President of the United States of August

NAYS - Messrs. Anthony, Buckalew, Cameron, 16, 1861, declarod to be in a state of insurrection, culty pointed out by the Senator from New

Cattell, Chandler, Cole, Conkling. Conness, Cragin, shall be entitled to representation in the Electoral

York, is, in my judgment, rather a serious one. Edmunds, Ferry, Howard, Howe, McCreery, Morgan, College for the choice of President and Vice Presi- The amendment offered by the Senator from

Morrill of Vermont, Nye, Osboro, Patterson of New dont of the United States, por shall any electoral

Hampshire, Ramsey, Ross, Sherman, Stewart, TrumMissouri refers to the proclamation of the 16th VO be received or counted from any such Ştate,

bull, Van Winkle, Vickers, Wade, Welch, Willey, unless at the time prescribod by law for the choice of

of August, 1861, as containing the States or Williams, and Wilson-31. such electors the State shall have become entitled to territorial extension to which that amendment

ABSENT-Messrs. Bayard. Corbett, Davis, Dixon, representation in Congress under the reconstruction is to apply. Now, it turns out on inspection

Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, acts thereof, nor unless the electors shall have been

Henderson, Hendricks, Morrill of Maine, Morton, chosen under and by authority of a State govern

that a portion of Virginia lies west of the Alle- Norton, Patterson of Tennessec, Rice, Saulsbury, en theretofore recognized by Congress as lawful ghany mountains. The proclamation did not

Sprague, Sumuer, Thayer, and Yates-21. and permanent, and not provisional, declare the inhabitants of that portion of Vir.

So the amendment was rejected. Mr. CONKLING. I wish to ask the Sena- ginia which was west of the Alleghany mount

Mr. SHERMAN. I more to strike oat tor one question in reference to this inodifica. ains to be in insurrection at all, but excepted || "Florida" and "Arkansas." I will simply tion. I understand the amendment now to be that region entirely out of its operation. There state that either of these propositions I could applicable to those States which were pro- are other exceptions in that proclamation. bave voted for with great pleasure; and if I claimed by the proclamation of 1861 to be in Portions of Louisiana are excepted; other | bad been present I should have voted for, insurrection. Am I right?

portions of Virginia, and portions of the sev- because I have preferred the language ot, the Mr. DRAKE. Yes, sir.

eral rebel States that should happen to be in amendment of the Senator from New York, for Mr. CONKLING. Virginia was declared the occupancy of our troops in the field. Now, it was more general. It does seem to me that in that proclamation to be in insurrection, ex

I submit to the Senator from Missouri that we we ought not to express a doubt on the com. cept that part of Virginia lying west of the hardly ought to incur any of the difficulties or pleteness of our work so far. We have these Alleghanies. That did not describe correctly embarrassments that may grow out of these two States represented here by Senators; they the present State of West Virginia. On the little debatable points. Why not, therefore, are represented in the other House; and I contrary, a considerable part of West Virginia say in so many words that the several States would just as lief think of guarding against was embraced within that proclamation as named in this bill that have not complied with double election in Ohio as I would in these West Virginia stands to-day. What is to be the terms which we iinpose upon them shall be two States. I do not like to acknowledge to come of her under a description like that? excluded from the right of representation in the world a doubt of the completeness of the She has never been readmitted, and she was the Electoral College.

reorganization of these States; they are here; proclaimed in insurrection as she stood geo- But it is asked with a great deal of earnest- and it does seem to me that the Senator graphically.

ness, "Why include Arkansas and Florida in the from Vermont ought to yield to striking out Mr. DRAKE. West Virginia ?

bill; are they not already readmitted into the these two States. This bill was probably Mr. CONKLING. A large portion of West Union: they are not only admitted entitled to framed when these two States were not repreVirginia.

readmission, but they are actually readmitted sented. Certainly we ought not to provide one Mr. DRAKE. Never.

in the persons of their Senators and their Rep | rule for Ohio and a different rule for thera. I Mr. CONKLING. I hope the Senator resentatives in Congress?' That is all very should be perfectly willing, as I said before, to

" without looking at the true; but the reason for applying the bill to vote for any of these propositions; I do not proclamation, because if he will look at it he those States is this: as I said the other day, see any material difference between any of the will see that Virginia was declared to be in there are dual governments established even in three propositions submitted to us; but at the insurrection except that part lying west of the those two States. There is a Johnson Goy. present time we ought not to legislate for Alleghanies. Well, a large portion of West ernor in Florida and one in Arkansas, a Jolin. Arkansas and Florida anticipating a state of Virginia does lie west of the Alleghanies, bit son Legislature in Florida and another in Ark. things that cannot exist in all buwan proba: some of West Virginia also lies cast of the Alle

That is to say, such Legislatures have bility, that will be no more likely to exist there ghanies, and that portion of West Virginia was been elected those two States.

than in the State of Oregon. We shall be and is embraced in the proclamation. I ask Mr, SHERMAN. I will say to my friend two months at the next session before the electhim what sort of a question are we going to get from Michigan that I understand that those oral votes are counted with the same Senators up in that regard if we adopt this language. Legislatures called the Johnson Legislatures and Representatives we have now. Why need

Mr. DRAKE. I would say to the honorable and the Johnson Governors have acquiesced we guard against a contingency so remote and Senator from New York that the State of West in the new organizations and gone in, some of problematical? It seems to ine ta be legis. Virginia was not named in the proclamation them being members of the new Legislatures. || lating as if we wure in doubt about the comat all.

Mr. HOWARD. If that be the fact I cer- pleteness and perfectness of our work, which Mr. CONKLING. The State of West Vir- tainly am very happy to learn it.

I consider as concluded and perfected. ginia was not then created. It was all Virginia ; Mr. SHERMAN. Senators are here repre- Mr. EDMUNDS. I will assure ibe Senator but anticipating the erection of West Virginia senting those States; and, as I understand, from Ohio that the Senator from Vermont will and the division of the State, Mr. Lincoln some of the members of the Johnson Legisla yield, and with pleasure, to the judgment of pointed out what he supposed would be the tures are members of the Legislatures of the the Senate. The Senator from Ohio is misboundaries. When the State came to be erected new organizations. It does seem to me very taken in supposing that I inserted these names it was not confined to those boundaries, but went absurd to provide a rule now for Florida and before these States were readmitted. Linserted over and took a portion of the territory which Arkansas that is not provided for Ohio and them with the others after I had studied the was and is embraced within that proclama- New York.

conduct of the Democratic members of the tion.

Mr. HOWARD. Suppose there should be Mr. DKAKE. All I have to say is that if

House of Representatives, as it respected the a revival and resuscitation of the Johnson gov. admission of their members there, after I had the honorable Senator from New York can ernments in these two States; suppose they observed the conduct of the Senators of the make anything out of that he is able to dis- should reappear on the theater of action and Opposition when the Senators from those criminate better than I can. should undertake to set up governments of their

States were admitted here, and their declaraMr. CONKLING. What does the Senator own, and as one of the steps toward it should tions. make out of it? What shall we understand organize a presidential election to be carried Mr. SHERMAN. Why not insert Tennessee? the law to be?

on exclusively by white men, and that they Mr. EDMUNDS. I will come to that presMr. DRAKE. I beg leave to say that I should select presidential electors and send on ently if you want to consider We are now make nothing whatever out of the point that certificates of election to the President of the on these two States. I inserted their names the Senator from New York has now made, for Senate. That such a state of things may hap

after I had noticed from time to time the cori the reason that we are referring to the State of pen is by no means impossible, and I wish to stant declarations of the Democratic press, Virginia, and whether that State has the same guard against it, and to advertise the whites, as not that there was any doubt about the fact limits now that it had then is a matter of no well as the blacks, that no government will be

that we had restored these two States, or that consequence.

It comes now with reduced recognized in those States which are already there was any doubt about the fact that we limits, seeking to cast its vote for President admitted except such as we have recognized by intended to stand by that restoration to the and Vice President; and what is it to us if our reconstruction legislation. I thiok that last extremity, as we do, not only with votes ; since it was declared in ipsurrection in 1861 a would have a tendency at least to prevent these

but as Senators talk about sweeping away part has been taken

off and a new State formed difficulties and these squabbles which I foresee things by the white man's government, I will out of it. This act only applies to the State may take place even in the reconstructed States

say also by the same kind of influence that we of Virginia with its present limits; and that that have been admited into the Union. have exerted over that community and over State with larger limits was declared in insur- There is no trouble in doing this, and we

the Democratic party for the Inst five years ; rection in 1861. may possibly prevent a great deal of embar

that is to say, the influence of force upholding Nr. HOWARD. I far prefer the original || rassment; and I may go further and say we the law. resolation reported by the Committee on the may even prevent bloodshed in these States by

These papers I have my hands full of them-Judiciary to the amendment offered by the taking these precautionary measures.

all the Democratic press, North and South; The PRESIDENT pro tempore. The ques- | maintain

this proposition as to these two State: cilie, it tells us and tells the country exactly tion is on the amendment of the Senator from distinctly, although they have been readmitted what communities we intend to embrace in ll Alissouri, (Mr. Drake.)

that everything which has been done down to

this hour, and the existing state of things is a sense of repose and security that he trusted in proper to speak of my having been mistaken in pure nullity. They propose, some of them, almost too long

views that I have entertained. Why, Mr. Presto overturn these existing organizations. That I do not speak of these things as criticising ident, I never set myself up to be infallible. I do not believe they will have the courage to the judgment of my friend from Illinois. lle I have been mistaken often. The Senator attempt. Others propose to vote peaceably ll will not understand me so. I only remind him from Vermont is wiser, and very seldom makes and quietly what they call the white man's of them in all respect and good will to show mistakes. though I think that his resolution ticket, claiming that the laws of 1860 are still that it is wiser to take what may seem to be an has occupied the Senate bere unnecessarily for in force, which authorize the citizens of those unnecessary step as a matter of precaution when a day or two, and I very much fear that it may States, the persons entitled to vote, to meet you are threatened, than it is to wait until the lead us into trouble hereafter. All that I would together on the first Tuesday in November evil is upon you and then have a tumult. But do, if I could have my way about it, would and cast their votes for electors.

I do not wish to trespass upon the time of the be simply to wait until we see the Carolinas We believe all that to be a farce, a sham, as Senate. They will understand why I think it and Georgia and Alabama and Louisiana, as it would be if they went through with it; but is that the names of these States should be left well as Arkansas and Florida, ratify the con. suppose it should happen that two sets of votes in the resolution.

stitutional amendment, and send their reprewere sent up from these States, one from the Mr. SHERMAN. Mr. President, the idea sentatives here, and if they do so, then reconregular and legal organization that exists there of firing a bill or a joint resolution at every struction as to all of those States will be comnow and the other from the white men, as they newspaper that threatens an overthrow of the plete; and I would no more have passed such call themselves, acting under the laws of 1860. acts of Congress, when no Senator represent- a resolution about them than I would in referIt would be an easy, question to decide, to being any State in the Union makes such a ence to my own State, as to whether they should sure; but suppose the votes of those two sets, threat, it seems to me is rather preposterous. yote or not; and when you falter in your work whichever were received, determined the elec- Mr. EDMUNDS. All the Democratic mem- in the face of some newspaper article in which tion of General Grant 'or of Mr. Seymour; bers of the House did it in a written protest. somebody says that your reconstruction meawhat then? The Democrats have given us Mr. SHERMAN. No member of the Sen. sures are good for nothing, you encourage notice-I could occupy the whole evening in ate has made any such declaration. I have opposition. We shall never have an end of reading extracts I have from them which come listened to the argument, and no member of this matter if we are going on to provide right up to that point--through all their press the Senate denies that the States represented || against two elections. The idea, to my mind, North and South that in that event their votes in this body must conduct the counting of the is preposterous of a double election in Ark shall be counted or there shall be tumult and electoral votes, and that the organization pro- &nsas. There is no organized government in disorder,

vided under the reconstruction acts must pro- Arkansas except that represented here. There Mr. WILSON. That is the way they expect vide the mode and manner of conducting the is no other Legislatue in Arkansas except to win.

election. The Senators are here, and this Sen. that represented here; there is no other gov. Mr. EDMUNDS. I kno it is so. I do ate is the very body that to act on the ques- ernment there; there is nobody in authority not anticipate that they will come to any such tion. Now, because the National Intelligencer there or pretending to be in authority or exerscratch as that. These same Democrats, or some other newspaper threatens a great || cising authority in that State except the organthrough their leaders in this Senate three many things to be done, I do not think we ization represented in the Congress of the years, declared that it was the subject of legis- ll ought to be moved from the even tenor of our United States. Now, sir, here is a resolution lative provision to make laws in advance for way. We had in Ohio a great many threats reciting what? Reciting that no electoral votes just such a case, and that they ought not to that they were going to march a hundred shall be received or counted from the State of be made in any other way. Serious complaint | thousand Democrats into Canada on one occa- Arkansas unless at the time prescribed by was made against the legislation of 1865 be- sion and get a candidate for Governor, and law for the choice of electors,'! The people of cause the legislation was enacted after the bring him over and instal him as Governor of Arkansas, "pursuant to the acts of Congress yotes had been taken in November, operating the State of Ohio. The people of Ohio were in that behalf, shall have, since the 4th day of in the nature of an edict rather than in the not troubled much about them. It seems to March, 1867, adopted a constitution of State nature of a law prescribing a future rule of me idle to legislate in view of such things. I government under which a State government action.

am willing, and I think it is proper, to provide shall have been organized." We have said I do not want to take the time of the Senate for the contingency of some of these States that they have done that already. in reading, as I can, if any Senator wants it, not having a legal State government when the Mr. ÉDMUNDS. Suppose you read the to show the state of public opinion and the next election comes off, and when clearly they rest. threat that is held out in these papers, the would not have the right to yote. Therefore, Mr. TRUMBULL, We have already said evidence that I hold in my hands; and it has so far as the main feature of this bill is con that they have done what is here required, and cropped out even after the remarkable speech cerned I am willing to vote for it; but to pro- now you repeat it over again. It is a thing of the Senator from Illinois the other day, in vide for a double election in States that are accomplished and ended. I will read the a leading article of the National Intelligencer, represented in Congress now in as full and rest: quoting ibat speech with approbation, and going complete a manner as the State of Ohio or "And shall be in operation, and unless such election on further and declaring that this whole thing the State of New York, it seems to me is pre

of electors shall have been held under the authority

of such constitution and government, and such State was a nullity, and was to be disregarded. posterous, and is a confession of weakness

shall have also become entitled to representation in Now, Mr. President, when as it is remarked that I am not willing to make.

Congress pursuant to the acts of Congress in that it is merely a matter of formality, at the worst But I am perfectly indifferent about it. I behalf." to leave in these names, I say it is not the part do not wish to take time at this late period of Are they not entitled? Why do you say of wisdom to run any risk of leaving a question the session, but I trust the Senate will, for its "unless they are entitled." You have voted open; not that it is a real question as we under- own sake, strike out of this bill the names of that they are entitled? Congress has done it. stand it, but the Senators on the other side the States which are represented by Senators They are represented ; and you want it to be maintain that it is. I say, therefore, it is not on this floor.

reiterated and represented over. wise to leave out these names.

Mr. TRUMBULL. The Senate has been Sir, it is the very way to get up a dual elecThe Senator from Illinois has told us that engaged in what seems to be rather a profitless tion. It is the very thing that has caused we are anticipating trouble; be told us so the debate for a day or two upon a joint resolution debate. It is fraught with mischief. It will other day; that we are alarmists, and that we which was thrust, as I conceive, very incon. cause debate when you come to count the votes are now in such condition that we can fold up siderately upon us; and it has been spoken next February for two days, very likely, again, our arms and believe all is peace. I should l of as the report of the Judiciary Committee. and confusion and disorder, and I know not have more confidence in the opinion of my | The Judiciary Committee did authorize the but civil war. distinguished friend from Illinois upon these | Senator from Vermont to bring in this joint Mr. EDMUNDS. How can that happen if points if I had not reposed myself upon those resolution. I objected to it in the committee, there is only one set of votes cast? opinions before during the past winter. We and those who authorized the report to be Mr. TRUMBULL. By a resolution that had the same opinion from my honorable friend | made gave notice at the time that they should invites them to cast two sets of votes. about Alabama, that we ought not to change | not be bound by the joint resolution as re- Mr. EDMUNDS. But you say there will be the regulation requiring a full majority, because | ported by the Senator from Vermont, but the one set cast. it was all going right as it was, and people Senator from Vermout, in his baste and anx- Mr. TRUMBULL. There would be but would say that we had begun to tinker again iety to bring the thing before the Senate, suc. one; but when you pass a resolution in regard with the reconstruction laws, and all that. We ceeded in getting permission to bring his res- to two, that you will only count the one, it reposed, as generally we well may, upon his olution here; and we have lost probably a shows that you anticipate and put it into the judgment; but it turned out to be wrong, and couple of days in the discussion of it because it minds of those people to have two elections. it led us into serious difliculty.

was brought here without having been consid- You are reciting over in this resolution "unThere was another case in which the faith ofered and agreed upon by any considerable less” certain things are done, which you have my honorable friend in the safety of everything number of the members of the Senate before said are done. touching our legislation was put to a severer it came here; and you see after it gets here The Senator from Vermont has repeated test respecting certain transactions in the Su- that the members of the committee that au- over and over again that we enumerated the preme Court of the United States, which it is thorized it to be reported are not satisfied with States four years ago. We did enumerate only necessary to allude to; they are in the lit. I am sorry that it was brought in in that them; but how? We said that whereas the mind of everybody, My honorable friend was way;

States of Virginia, North and South Caro: mistaken, I think he will confess, again in that Šir, the Senator from Vermont has thought | lina, &c., were in rebellion, no electoral votes

40TH Cong, 20 Sess. --No. 246.

was,

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should be counted from them; and so I am Mr. EDMUNDS. The only members of convention as to what they coald do, and they prepared to say to-day that no electoral vote the Judiciary Committee who have thus far finally decided that they could not do anything shall be counted from the States of Virginia, opposed it are the Senator from New York inasmuch as it did not make any difference, Mississippi, and Texas, because they have not and the Senator from Illinois.

and thus got themselves out of ihat scrape. organized State governments recognized by Mr. CONKLING. I dislike to interrupt the The Senator from Illinois, rightly and wiselyCongress, and it is impossible now that they Senator, but I hope he will not make that and I hope he will not consider me as having should. You need not put in a provision here statement. My honorable friend from Nevada overstepped the proprieties in alluding to these tbat they are to have electoral votes when they | [Mr. STEWART) voted with us on the amend- things-maintained, in so many words, that in are entitled to representation. It is impos- ment I offered.

these cases of irregular voting and improper sible under our legislation that they should Mr. EDMUNDS. That may be. That does voting, although the House of Representatives be entitled to representation in this body on not prove my statement incorrect.

and the Senate meeting together and acting the first Tuesday of November next, because Mr. CONKLING. Then the Senator should upon the returns were the persons who in the under the legislation of Congress they can only not say that the only Senators who did not end must judge, yet they must judge according have representation when they present consti- vote for his proposition are the Senator from to a rule of law that the legislative power of tutions here which Congress approves. They New York and the Senator from Illinois. the country should have prescribed in advance. have not presented such constitutions to be Mr. EDMUNDS. I did not say Senators That was his proposition. I think I do not approved." Texas has not framed hers. Mis- who did not vote for it; I said the only Sen. misstate it. It was a perfectly sound proposi: sissippi has not ratified hers. Virginia has not ators who had opposed it. The only merit tion, a proposition that lies at the basis of all ratified hers. No election has been held in Vir- probably that the joint resolution now has is law, which is, in its definition, the prescription ginia or Texas, and so far as we have heard contained in two lines that were inserted in of a rule, in advance of the event, to guide the from Mississippi the people at the polls have not committee on the motion of the Senator from executors of the law in acting when that event ratified the constitution adopted by the con- New York, which any Senator will find in | arises; and I should as much expect, in reply vention. The reconstruction acts require that italics. I confess that that is the only merit to my honorable friend, to hear him argue before a State can be admitted to representa- that the joint resolution has, but inasmuch as that we ought to pass no law against piracy, tion its constitution shall be ratified by the || it has that merit, I still have some hope that no law against counterfeiting, because it would people at the polls. More than that, they re- the Senate will look upon it with favor. put it into people's heads to commit piracy quire that the constitution shall be approved The Senator from Illinois has talked as if and go to counterfeiting, and rather stimulate by Congress after it has been thus ratified at this joint resolution was reported by the gra- them to do it, as to hear hinı say, after this the polls. It is impossible that the constitu- cious permission of the Judiciary Committee, rebellion and turbulence, and in the face of tions of these States should be ratified at the as a matter of personal favor, to one of its | these organized and authentic threats, that they polls and approved by Congress in time to have junior members. I do not know but that it will have a tumult, that we should not declare representation in this body. I would have no

It was a great favor if it was.

I do not

in advance by law which are the States that discretion about it. Pass a resolution as we urge this resolution upon the Senate. I have we intend to count the votes of, und that no did four years ago, that no electoral votes are not urged it upon them unduly, I think. My | others shall be counted. It does not invite to be counted from those States, and let the constituents live so far from the scene of war, any such query. It does not raise any sneh people of all parties understand it, and the and from their experience in the rebellion donbt. It is the usual exercise of a prudent people of all parties do understand that in re- they have so much dislike to any further diff- foresight in providing a prohibition by law, iu gard to Stales which are admitted to represent. culiy, that probably we can stand any grief advance, of an illegal act that is threatened ; ation in this body, there can be no question as that may come as long as anybody.

and that is all there is of it. to their right to vote for President and Vice I quite agree with the Senator from Illinois But, as I have said, Mr. President, I do not President.

that we have spent the last two days in profit- wish to prolong this discussion. I'shall be I shall not vote myself for the resolution as less debate about this joint resolution, and the perfectly satisfied if the wisdom of the Senate it is introduced by the Senator from Vermont reason, which my friend did not give and that chooses to strike out these States and put in which comes here, not having the sanction, in I will, is the fact that he addressed the Senate any others, or to leave them all out. the form in which it is, of the Judiciary Com- more than two days ago and has not done it Mr. DAVIS. I feel some sympathy with mittee, but having the sanction of that com. since until now. I admit that all that the my honorable friend from Vermont this even: mittee for the Senator to bring it into this body. rest of us have said has not bad the pungency, ing. Some of his friends seem disposed to I hope that the motion to strike out Arkansas at least it has not satisfied the Opposition so twit bim, among other things, with showing a and Florida will prevail. I should prefer my. well as the remarks of my friend from Illinois, propensity to talk too much.' I agree with the self waiting to see what these other States do, which received the next day a first-rate notice honorable Senator that it does not become any and before our adjournment passing a concur- from the organ of the Democratic party. My of the pots on the other side to call his kettle rent resolution that from those States that are friend is not to blame for that.

black. [Laughter.] But the discussion this not reorganized and represented in Congress Now, my friend says that all this is moon. evening has certainly resulted in establishing Do votes shall be counted.

shine about these States; that we are not this proposition: that the honorable Senator is Mr. WILSON. Four of them will be here bound to suppose any such thing. I do not not only the original, but the sole patentee of within a week. want to repeat what I said before. I will not

this measure in its original form.' I will do Mr. TRUMBULL. Four of them will be refer any more to the newspapers and to pub- this much justice to his merits: we have had here, as the Senator from Massachusetts reminds lic opinion; but we have had the official action an attempt to take out two additional patents, me, within a week.

of the Democratic party in the House of Rep. but I do not think either of them bas enough Mr. HOWARD. Suppose they do not come? resentatives on this very point put as a protest of novel and important discovery in it to enti

Mr. TRUMBULL. Suppose they do not upon the records. Is not that worth taking tle it to any patent; and I believe my honorable come. Let us pass a concurrent resolution, any precaution against? Does it invite double friend from Vermont is entitled to the whole as suggested by President Lincoln, and let the voting or tumultuous elections to provide by and sole credit of the affair, not only the origcountry know, and let the people of those law against them?

inal, but the sole inventor and patentee. States know, that no votes will be counted Mr. FERRY. I should like to ask the Sen

I agree with the honorable Senator from from those States. That is all we have to do. ator from Vermont whether a dual vote in Vermont on one point. He says this is a speI think it important that we should do that these States which shall have been admitted

cific remedy, not for all cases, but for certain much. like Arkansas and Florida will be any more

descriptions of cases, and that the remedy in I should not have said this much, having unlawful after you have passed this joint resolu- its language ought to speak for the cases to made some remarks the other day, had not the tion than before?

which it is intended to present a cure. I agree Senator from Vermont thought proper to refer Mr. EDMUNDS. No, sir; it will not. to what I had said, and to remind me (which Mr. FERRY. Then what is the use of the apply to three fourths of all the States in the

with him in that. If this proposition is not to I well knew before) that I had often made mis. joint resolution ?

Union, why leave it in such vague and general takes in my expectations as to future events. Mr. EDMUNDS. That is what I should be language that a casual observer would be disI never claimed to be a prophet, and least of glad to have my friend from Connecticut give posed to apply it to all the States, when the all did I ever profess that I was infallible. I enough attention to, to understand.

real gist and object of the thing is to apply it exercise my best judgment in regard to meas- Mr. FERRY. That is what I want to do.

only to one fourih of the States. I think he ures as they arise, and that judgment tells me That is the reason I asked the question. honorable Senator is quite right in his desire that it is improper to pass a resolution making Mr. EDMUNDS. The distinguished gen. and his solicitude in relation to the verbiage a discrimination against the States that we tlemen who composed this body in 1865, on of the resolution, that it ought to state thie have just admitted to representation. all sides, led by the Senator from Illinois

, specific and precise objects and subjects for Mr. EDMUNDS. Mr. President

whose remarks I read this morning, declared wbich it was intended to be a remedy. Mr. POMEROY. If the Senator will allow that it was wise and proper and necessary to I have been amused to-night with one relee me, I should like to know what committee re- provide by a rule of law what votes, and under ported this joint resolution?

what circumstances, should be

counted in the 'l in relation to the heaorable Senator from Ver

tion that has passed in my mind, not merely Mr. EDMUNDS. That is what I am try. House of Representatives, because the Con. ing to find out now. stitution does not provide for judicial powers

mont, who finds himself beset by his friends

all around him and in distress. I certainly Mr. POMEROY. Every member of the || in that body; and it will be remembered that feel a good deal of sympathy and interest for Judiciary Committee seems to be opposed to when the Wisconsin case arose earlier there was him and with him. I believe that in part he it, and I should like to know how it got bere. & great difference of opinion when they got in ll is right, and I trust

, as he has such odds against

ernor.

froin year to year and session to session, and there. TRUMBULL. Let us vote on this

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him, that he will find himself a full match for has expired. The government, with all the arch- Democratic party on the other side say has the whole of them. But I have been surprised | ives, has been handed over to the present Gov. never happened ; that the States never have at one feature in the affair. We used to hear

been in rebellion. a good deal about State-rights politicians Mr. HOWARD. Can the honorable Sena- The PRESIDENT pro tempore. The ques. and State-rights men. I once thought that tor inform us who was the Johnsonian Gov. tion is on the amendment of the Senator from they applied to old Virginia and South Caro. ernor, or the last one, if there was more than Ohio, on which the yeas and nays bave been lina and some sections of the South between one?

ordered. those States; but it seems that the doctrine Mr. WELCH. David S. Walker.

The question being taken by yeas and nays, of State rights is becoming general in the Sen- Mr. HOWARD. And has he delivered up resulted-yeas 17, nays 21; as follows: ate of the United States with the Radical por- the archives of the State to the new Governor YEAS-Messrs. Ferry, Harlan, Howe, MeDonald, tion of the members. I do not mean State under the reconstruction?

Morgan, Morrill of Vermont, Osborn, Ramsey, Ross, rights exactly in the sense in which it used to Mr. WELCH. He has.

Sherman, Thayer, Tipton, Trumbull, Van Winkle.

Welch, Willey, and Wilson-17. be used in the Old Dominion and in South Mr. HOWARD. I merely inquired for in- NAYS-Messrs. Anthony, Buckalew, Cameron, Carolina. There they held to State rights for || formation.

Chandler, Cole, Conkling, Conness, Cragin, Davis, the purpose of maintaining and sustaining their The PRESIDENT pro tempore put the

Druke. Edmunds, Fessenden, , Howard, McCreery,

Nye, Patterson of New Hampshire, Poineroy, Stewsovereign State edifices, as they attached an question on Mr. Sherman's amendment, and art. Vickers, Wade, and Williams-21. idea of sovereignty to them, their State gov. declared that the noes appeared to have it.

ABSENT-Messrs. Bayard, Cattell, Corbett, Dixon,

Doolittle, Fowler, Frelinghuysen, Grimes, Henderernments, their State sovereignty; but the Mr. SHERMAN. I ask for the yeas and son, Hendricks, Morrill of Maine, Morton, Norton, modern application of the idea seems to be of nays, or a division. I am perfectly willing to Patterson of Tennessee. Rice, Saulsbury, Sprague, a contrary tendency. It is not to preserve, to take a division.

Sumner, and Yates-19. protect, to defend, but it is to pull down and Mr. TRUMBULL and Mr. EDMUNDS. So the amendment was rejected. build up at pleasure. Here is the majority of Let us have the yeas and nays.

The PRESIDENT pro tempore. Does the the Senate pulling down State rights and State

The yeas and nays were ordered.

Senator from Oregon offer an amendment? governments and building them at will. It Mr. WILLIAMS. I desire to offer a substi- Mr. WILLIAMS. I will modify the amend. seeins to me eminently ludicrous when the tute, which I should like to have read now, if || ment that I suggested by inserting the words, Senate the || is ,

"the States whose inhabitants have been in

rebellion." week to weck, and frequently from day to day, il amendment first.

Mr. CONKLING. “Inhabitants or authorin the work of palling down States and then Mr. STEWART. I should like to hear the ities." building them up. That is a sort of State substitute.

Mr. WILLIAMS, "Inhabitants” will do; rights, as I said, not such as used to be heard Mr. WILLIAMS. The vote on this amend- and to substitute “the 3d day of November? of in old Virginia, but in the sense in which ment might depend on the reading of that. for “the adjournment of Congress." we speak of millwrights, wheelwrights, play- Mr. POMEROY. If any States are to be Mr. POMEROY. I should like to hear it wrights, [langhter ;] men who like to dabble stricken out, all ought to be stricken out, read as modified. with the machinery, and who amuse themselves excepting Texas, Mississippi, and Virginia. The PRESIDENT pro tempore. The amendfrom day to day in being with the machinery; While I agree to what the Senator from Flor: ment will be read. a sort of tinkering. To be sure, it is not a ida has said, that there is a regularly organized The Chief CLERK. It is proposed to strike very apt subject to apply the term “ tinkering” government in Florida, and it is acquiesced in, out all of the joint resolution after the resolv. to, but there are various tinkerings beside I must say that that is true also of North Car- ing clause, and insert the following: those with metals, I believe; but my honor- olina, Alabama, and other States. I do not

That all the States whose inhabitants have been in able friend [Mr. STEWART) who represents the like to make any distinction, simply because rebellion against the United States, who shall not on metal country, I do not know whether most in we have sworn in Senators and members from tho 3d day of November, 1865, become entitled to

representation in Congress, shall not be entitled to the brass or the gold, can give me full inform- Arkansas and Florida.

vote for electors for President and Vice President at ation on that point. [Laughter.]

Mr. CONKLING. Suppose the other States the next presidential election, nor shall the electoral Mr. STEWART. The brass mines are fur- vote down the constitutional amendment? votes of such States be received or counted, ther east. [Laughter.]

Mr. FESSENDEN. They have not yet Mr. McCREERY. There are two negatives Mr. Davis. But it is in this sense, Mr. adopted the fourteenth amendinent.

in that. President that I am perfectly charmed with Mr. POMEROY. That is only a question Mr. HOWARD. I venture to suggest to tho the idea in which the Senate have become of time. They are just as certain to adopt it Senator from Oregon to use the word "only'' State-wrights, mill-wrights, wheel-wrights, play.

as they are to meet together. I am speaking instead of “all," and to strike out "not." wrights, patent-wrights, patentees, and all that of the Carolinas and Alabama. Now, the Mr. WILLIAMS. I guess I had better sort of thing. [Laughter.] I think, how

States that we put into the law of this session, withdraw it. ever, they might just as welī quit fun and get

Mr. POMEROY. “Entitled to representavoca- sentation, include

tion by law!! would do. tions of statesmanship, and let these amusing States excepting the three I have mentioned. Mr. WILLIAMS. That amendment emephemeral novelties of the day pass into ob

If we are to legislate with reference to specific bodies my idea. I had not time to prepare the livion.

States I think we ought to coufine our legisla. The PRESIDENT pro tempore. The ques- || tion to that class, or else leave the names of

phraseology quite satisfactorily to myself; but

as I see that there is so much diversity of tion is on the annendment proposed by the all of them out and make a general law that opinion about it, I believe I will withdraw the Senator from Ohio, [Mr. SIELMAN.] shall be applicable to all.

amendment. Mr. WELCH. I should like to hear the Mr. WILLIAMS. I ask the Clerk to read Mr. WILSON. I desire to move an amendamendment read.

the proposed substitute that I sent to the desk ment. I propose to amend the joint resolution The Chief CLERK. The amendment is to for the information of the Senate.

by striking out all after the word " that," and strike out the words “ Florida" and " Arkan

The PRESIDENT pro tempore. It will be inserting: sas,'' in the fourth line of the joint resolution. read.

The States of Virginia, Mississippi, and Texas, Nr. WELCH. I should be glad of the The Chief Clerk. The proposed amend- respectively, shall not be entitled to representation privilege of saying a single word in respect to ment is to strike out all of the joint resolution

the Electoral Collego for the choice ot Presidentor ihat amendment. Tought to know something after the enacting clause and to insert:

Vice President of the United States, and no electoral

votes shall be received or counted from any of such of the state of things in Florida. I do not

That all the States that bave been in rebellion States, unless at the time prescribed by law for the know whether the exception of these two | against the United States, who have not, upon the

choice of electors the peoplo of such States, purŞtates is on account of the condition of things adjournment of the present session of Congress, be

suant to the acts of Congress in that behalf, &c. there or not. If it is I am ready to bear tes

come entitled to representation in Congress, shall And then following the language of the timony that the reconstructed government of

not be entitled to vote for electors for President and
Vice President at the next presidential election, nor

original resolution. The States of Virginia, Florida is to-day more firmly settled and more shall the electoral votes of such States be received Mississippi, and Texas will not be in a condi. generally accepted, I believe, than that of any or counted,

tion to vote at the presidential election. I pro. other reconstructed State in the South. There

Mr. POMEROY. The difficulty about that pose to say that they shall not vote. They will is not a trace of a Jolinsonian Legislature is, that it depends upon the contingency of an Lot be entitled to be represented in Congress there, and I never have heard oue mentioned ; \ adjournment. We do not know but that there this year. As to the other States, North Caronor is there is a Johnsonian Governor there. may be some reasons why we may have a hasty lina, South Carolina, Alabama, Louisiana, and There is one Governor aud one Legislature. adjournment or may delay the adjournment. Georgia, four of them will probably be here

Mr. HOWARD. I will ask my friend from I do not want the question of the right of States within a very few days, three of them perhaps Florida whether there was not a convention, 1 to vote in the presidential election to depend next week, and the other in a few days after. and afterward a Legislature, elected in Florida | upon the contingency of an adjournment of There is doubt about the State of Georgia comunder the proclamation of Mr. Jolinson in Congress.

plying with the conditions we have imposed. 1865?

Mr. CONNESS. If the date of the next | The House of Representatives of Georgia is Mr. WELCH. Yes, sir.

presidential election, the 3d of November, said to have a majority who are opposed to the Mr. HOWARD. Has the term of office of I were substituted for that it would be better. policy of reconstruction. I saw in a letter or the members of the Legislature expired? Mr. EDMUNDS. There is another thing telegram received from there yesterday that

Mr. WELCH. Nobody clains that that about that: it speaks of the “States that have Howell Cobb and Robert Toombs were at Legislature is now in existence. The term been in rebellion." That is exactly what the Atlanta struggling to defeat the constitutional

in that way;

amendment; it was the great object to do it; ors the people of such States, pursuant to the acts

tion at the next session of Congress, or by the and I saw by the paper to-night that they were

of Congress in that bohalf, shall have, since the 4th time the vote is to be counted, shall be excluded? there last night indorsing this new revolutionday of March, 1867, adopted a constitution of State

If that is what he means, I suggest that would government under which a State government shall ary ticket put before the country, and which is have been organized and shall be in operation, and be a simpler way to get at it. in perfect harmony with Toombs's doctrine to

unless such election of electors shall have been held Mr. FERRY. You cannot pass a law that “let discord reign forever," which he a vowed

under the authority of such constitution and govern-
ment, and such State shall have also become enti-

all States that shall not be admitted in Decemhere some years ago. I think North Carolina tled to representation in Congress, pursuant to the ber shall be excluded from voting in November. and South Carolina will choose their Senators acts of Congress in that behalf.

Mr. CONKLING. No, no; but all States on Tuesday next, probably, and adopt the constitutional amendment. Louisiana has already read again, and I beg to ask the Senator who

Mr. CONKLING. I ask that it may be which have not been admitted by the second

Wednesday in February, when the votes are to chosen hers. In Alabama the Legislature is all drew it to attend to the first and last part of it

be counted; all States which have not been on one side; it will be unanimous on all these in connection with each other.

admitted to representation when the count of questions. Geo gia is doubtful. The State of

The Chief Clerk again read the joint resolu.

electoral votes takes place, shall not be entitled Arkansas and the State of Florida have comtion as it would stand, if amended.

to have their votes counted. That would be plied with the conditions and are here, and I

Mr. CONKLING. I inquire of the Senator

the effect of this. do not think it is necessary to say anything if that is not a contradiction in terms?

Mr. FERRY. The object now is to prevent about them. I think we might just as well say Mr. FERRY. I do not see it.

an election being held in those States. If the something about Massachusetts. I have just

Mr. CONKLING. Let me indicate how it | object of the joint resolution is to prevent the as much confidence in their standing as I have in that of my own State. I believe North Caro

strikes me. I may be wrong; I only know counting of the yotes after the States have held

from listening. The provision is that those elections, the phraseology could be changed lina and South Carolina and Louisiana will do

States which at the expiration of this sesthe same. There is doubt about what Georgia sion-that is it practically

Mr. CONKLING. How can any of these will do in the matter.

Mr. FERRY. Practically.

States foresee whether they are to be admitted Now, why not say that Virginia, and Missis

Mr. CONKLING. Are not represented in

or not? Of course, they will go on and vole sippi, which has voted down ihe new constitution by a majority probably of three or four Congress shall not be represented in the Elect

at a venture in November. How can any oral College unless, in those same States which

State in November know that she may not be thousand, and Texas, which is not yet pre- are not represented, the votes shall be cast

admitted by February afterward? pared, shall not be entitled to representation in pursuant to a government set up and they shall

Mr. FEKRY. Under the joint resolution as the Electoral College, say it squarely, and stop have become entitled to representation. How it now stands with this amendment in it, each there, and that these other States which have not complied shall not vote, unless they docom- point of fact they have not become entitled can both those predicaments exist, where in

State would know whether it had conformed to

the reconstruction acts, and was thereby enti: ply. Four of them unquestionably will do so

tled to representation. It seems to me the in a day or two, and perhaps the others, and representation before this session ends?

Mr. FERRY. There the Senator makes his that will leave the matter, it seems to me, all || 'mistake. The first clause provides that States

argument of the Senator goes against the whole joint resolution, the whole principle

. Bafe. Mr. FERRY. I do not like the proposition | ment shall not participate in the election unless, not actually represented before our adjourn

Mr. PATTERSON, of New Hampshire.

This matter seems to have got a good deal mad. to say peremptorily that Virginia, Texas, and to come to the very point, in the mean time

dled by the numerous amendments which have Mississippi shall not participate in the election, they shall become entitled to representation by

been offered here this evening. I suggest that especially as in Virginia the submission of the carrying out the reconstruction laws. There

it might be well to refer it back to the com. constitution to the people for ratification may is no inconsistency:

mittee for revision; or perhaps a better sog take place, the constitution be ratified, and the

Mr, CONKLING. But what is to be the gestion than that might be made: the ComState comply with all the requisitions of the criterion ? Who is to determine whether they

mittee on the District of Columbia reported a reconstruction laws before November. Our have become entitled ?

bill here a few days since, which was finally peremptory declaration to her now that she

Mr. FERRY. The law itself, when they

referred to the Committee on the Judiciary; shall not participate in the presidential election, have.

now, I apprehend that while they are fixing up I think, would be used to our disadvantage. Mr. CONKLING. In other words, if my

that bill, the District Committee could fix up Sir, I had prepared an amendment wbich I friend will pardon me, is it not true that this is

this joint resolution, and I suggest that we intended to submit, but the Senator from

the sole place of arbitrament? Is not Con- reciprocate the kindness that was paid to our Oregon in the first portion of his amendment gress the arbiter of all that question, and can it

committee the other day. (Laughter.] used somewhat similar phraseology. As his be politically or legislatively determined until

Mr. EDMUNDS. I merely wish to say one amendment has been withdrawn, and mine we have the evidence that they have ratibed

word, and that is to remind the Senator from does not cover as much ground, I will read the fourteenth amendment, and done the vari.

New Hampshire that there have not been any mine in order to suggest a mode which it seems ous things which are required? And would it

amendments adopted to the resolution yet. I to me will relieve us from the difficulty under not be, in reality, leaving it all at sea to make

have no objection to any amendments if they which we are laboring. From the tone of the such a distinction as he now makes between

can be so considered that we understand we are discussion, it seems to me that the main objec- their actually having received recognition and accomplishing the purpose. Everybody agrees tion to the joint resolution, as reported by the readmission of representation, and having be:

that the joint resolution, which it seems that committee, has now dwindled down to an come in theory entitled to it, when there is no

the Judiciary Committee did not report, but I objection to the enumeration of the States in tribunal except this to pass upon the ques

did, will accomplish the object, as to these spethe third, fourth, and fifth lines of the joint tion?

cific States, we have in view; but gentlemen resolution ; and it is desirable to find some Mr. FERRY. Under the joint resolution,

are dissatisfied with the mode in which that mode of expression which shall convey the idea expressed in those three lines by that practical operation will be this: any State if it should pass with this amendment, the object is stated in the resolution. Now I sug:

gest, let us take a vote on these amendmenis, enumeration, without making the enumeration, which has been represented in this session of

and if we do not adopt any and are not in favor I therefore propose to insert in lieu of that the Fortieth Congress, in either branch, will

of the joint resolution, to reject it and then try enumeration this language: vote, and from the fact that its admission to

again. That such States as, hy reason of the participation representation in eitber branch is a sanction The PRESIDENT pro tempore. The ques. of their inhabitants in the late rebellion, shall not be represented in either branch of the Fortieth Con

by Congress, the proper authority to its right tion is on the amendment offered by the Sena. gress on or before thc 3d day of November, 1863, shall to membership in the Union, and thus to its

tor from Massachusetts. not be entitled to representation in the Electoral right to participate in the presidential election.

Mr. WILSON. I withdraw it.
College, &c.
In addition to that, should any State, after the

Mr. FERRY. Then I offer mine. Adopting the entire joint resolution as it adjournment of Congress, and before the presi

Mr. THAYER. I rose to inquire if amendremains, simply describing by the phraseology | dential election perform all on its part incum- ments are still in order? of my amendment instead of enumerating the bent to be performed under our reconstruction The PRESIDENT pro tempore. There is States as they are enumerated in the joint res- laws, so as to be entitled to representation, in one pending. There are generallytwo. (Laugholution. the language of the joint resolution as origin

ter. 1 Mr. WILSON. Read the resolution as you | ally reported from the committee, it also would Mr. CONKLING. An amendment to the have it. Mr. CONNESS. Send it to the Clerk and election, and the votes would be returned to be entitled to participate in the presidential amendment is in order.

Mr. THAYER. There seemed to be a ged: let the amendment be read in connection with this Congress at its next session. If it should eral offering of amendments, and I thought I the joint resolution. have entitled itself to representation, so as to

would offer mine. If I were called upon to The Chief CLERK. It is proposed to amend make its votes in the Electoral College legiti

solve this difficulty, it seems to me we might the joint resolution so that it shall read: mate, that fact would also appear at the next

agree upon a form to obviate all disagreement, That such States as by reason of the participation session, and their Senators and Representa- I would take the original resolution as reported

tives would be here and would be admitted, i by the Senator from Vermont and modify it so represented in either branch of the Fortieth Congress on or before the 3d day of November, 1868, shall suppose.

as to read: not be entitled to representation in the Electoral Sir. CONKLING. Then, if my friend will

That none of the States lately in rebellion shali be College for the choice of President or Vice President

allow me, at that point, to make a suggestion, of the United States, and no electoral votes shall be

entitled to representation in the Electoral College,&c. would it not be much better to say that all

It seems to me that covers the whole ground. at the time prescribed by law for tho choice of elect- ll States which are not admitted to representa- || I propose to take the original resolution, strik:

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