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not clothed in mourning, when every household convictions instead of hers. That was his pre. Mr. JENCKES. I ask the gentleman from mourns its victims sacrificed upon the altar of rogative as a Senator. But having seen fit upon Ohio to modify his motion so that we may have the insane hate of people against people-peo- that great vital measure to follow his own con- | the day for the tax bill, and the evening for ple who never saw one another and who know victions, to declare his own wishes, and not to reconstruction. nothing about each other-I say that what the make known the wish of Wisconsin, I must be The SPEAKER. That will require unannation wants now is quiet, peace, and harmony, allowed to say in all candor that I do not think imous consent. that good men should come together and be the State of Wisconsin stepped out of her juris- M. GARFIELD. I am willing to agree to forgiving, and that if there are to be more vic. | diction, or that the Legislature overstepped the that. tims they shall be victims of the law, not the jurisdiction prescribed to them when they saw Mr. STEVENS. I object. victims of individual malice, or the victims of fit to comment upon that course of his as to Mr. GARFIELD. Then I insist on my individual revenge. Let the law in its majesty them seemed just. With that action of the motion and demand the previous question. seize upon the guilty, pronounce upon their | Legislature I had no conceivable connection The previous question was seconded and the cases, and execute its judgments as becomes a in the world, any further than to be their organ main question ordered. civilized, Christian people.
in submitting the resolutions to the Senate. Mr. LE BLOND. I demand the yeas and Mr. HOWE. I cannot allow this hold of As to the other question raised by my col- nays. I want to see whether the negro shall the Treasury that we have got just now to pass | league and discussed here, touching the Presi- have preference of the finances. away from us, and these appropriations to go, dent's policy itself, I expressly waived any The yeas and nays were ordered. until I have said a word of explanation upon attack upon that. My colleague's ideas of The question was taken; and it was decided one remark of my colleague's.
reconstruction are not advanced here now for in the negative-yeas 51, nays 82, not voting To recall the Senate to the state of the ques- the first time, and I do not feel called upon 50; as follows: tion, it will be borne in mind that he undertook now to say a word in reply to them.
YEAS-Messrs. Anderson, Delos R. Ashley, Barker, to defend the policy which the President is Mr. WILSON. Some things have fallen Bergen, Boyer, Chanler,, Coffroth, Darling, Dawes, governed by in his appointments, and to deny | from the Senator from Wisconsin and the Sen
Dawson, Denison, Eldridge, Finck, Garfield, Gloss
brenner, Goodycar, Grider, Griswold, Aaron Harding, that he was making any appointments for opin- ator from Pennsylvania that I desire to notice; Harris, James IIumphrey, Jenckes, Kasson, Kerr, ion's sake. I had some facts, that is to say, I but at this hour I do not like to ask Senators Latham, Le Blond, Marshall, McCullough, Moorhead, heard some statements which I thought mili- to stay here for that
Niblack, Patterson, Phelps, Pike, Radford, Samuel J. I therefore move purpose.
Randall, Raymond, Ritter, Ross, Rousseau, Shanklin, • tated against that view of the case, and I sub- that the Senate do now adjourn.
Stilwell, Strouse, Taber, Taylor, Thayer, Thornton, mitted them that I might know whether they The motion was agreed to; and the Senate Robert T. Van Horn, Henry D. Washburn, William B. were correct or not. In reply to that my col- adjourned.
Washburn, Whaley, and Williams--51.
NAYS- Messrs. Alley, Ames, James M. Ashley, league took occasion to remark, as if it were a
Baker, Baldwin, Banks, Baxter, Beaman, Benjamin, subject of personal injury to himself, that in HOUSE OF REPRESENTATIVES.
Bidwell, Bingham, Blow, Bromwell, Broomall, Bucks his absence I had presented to the Senate some
land, Bundy, Reader W. Clarke, Cobb, Conkling, TUESDAY, May 8, 1866.
Cullom, Defrees, Deming, Dixon, Dodge, Donnelly, resolutions passed by the Legislature of Wisconsin asking him to resign his seat here in the
The House met at twelve o'clock m. Prayer || Harding, Hart: Hayes, Henderson. Highy, Holmes.
Driggs, Eckley, Eliot, Farnsworth, Ferry, Abner C. Senate. If my colleague has a right to conby the Chaplain, Rev. C. B. Boyntox.
Hotchkiss, Asahel W. Hubbard, James R. Hubbell, sider that a personal injury, if it was a per
The Journal of yesterday was read and
Hulburd, Ingersoll, Julian, Kelley, Kelso, Ketcbam,
Kuykendall, Laflin. George V. Lawrence, William sonal injury to him, I regret it. If it was a approved.
Lawrence, Longyear, Lynch, McIndoc, McKee. Mewrong done him, I regret the act very much.
Ruer, Mercur, Miller, Morris, Moulton, O'Neill, Orth,
Perham, Plants, William H. Randall, Alexander Those resolutions were sent to me by the sec- The SPEAKER stated the first business in
H. Rice, John H. Rice, Rollins, Sawyer, Sehenek, retary of state of Wisconsin in company with order to be the consideration of the constitu- Scofield, Shellabarger, Spalding, Stevens, John L. several other series of resolutions and memo- tional amendment reported by the joint com
Thomas, Trowbridge, Upson, Van Aernam, Burt Van
Horn. Warner, Elhu B.Washburne, Welker, Stephen rials, most of which were addressed in terms mittee on reconstruction.
F. Wilson, and Windom-82. to the Congress of the United States. I could Mr. GARFIELD. I move that that special NOT VOTING-Messrs. Allison, Ancona, Blaine, not understand any possible purpose in sending || order bė postponed, and that the House pro
Boutwell, Brandegee, Sidney Clarke, Cook, Culver,
Davis, Delano. Dumont, Eggleston, Farqubar, Grinthem to me except it was to have them laid ceed to the consideration of the tax bill. I do
nell, Hale, Hill, Hogan, Hooper. Chester D. Hubbard, before the Senate; and so it never occurred to this for the reason that I believe in three or four Demas Hubbard, John H. Hubbard, Edwin N. Hubme to doubt for an instant that it was entirely days at the farthest we can finish the tax bill.
bell, James M. Humphrey, Johnson, Jones, Loan, proper, and that it was demanded as the due If we enter now into the discussion of the con
Marston, Marvin, McClurg, Morrill, Myers, Norell,
Nicholson, Noell, Paine, Pomeroy, Price, Rogers. Sitof the State of Wisconsin that they should be stitutional amendment it will bring up the entire greaves, Sloan, Smith, Starr, Francis Thomas, Trimpresented to the Senate. I did have a question | subject of reconstruction, and the debate will
ble, Ward, Wentworth, James F. Wilson, Winfield.
Woodbridge, and Wright---50. in my own mind whether courtesy to my col- run on for three or four weeks. It seems to league did not rather call upon me to wait and me to be almost a national calamity to delay
So the House refused to postpone the special allow him to present the resolutions. I sub- the tax bill that long. I call for the previous
order. mitted that question to a couple of Senators question.
Mr. WASHBURNE, of Illinois. I ask the much older and more experienced than myself Mr. STEVENS. I hope there will be no gentleman from Pennsylvania to yield to allow sitting near me, and it was in pursuance of their such disposition made of the special order. I
me to offer a resolution. recommendation that I submitted the resolu- have no idea that the constitutional amendment Mr. STEVENS. I will yield if it does not tions myself. I certainly did not intend to do will take up more than two or three days. It come out of my time. my colleague any wrong. I do not believe ) ought to be in the Senate at once, if it is ever MERCIANTS' NATIONAL BANK OF WASHINGTON. to-day I did him any wrong. I do think the to be acted on. As to the tax bill, we will not
Mr. WASHBURNE, of Illinois. I ask Legislature intended that those resolutions lose anything by letting it lie over. Some should be submitted to the Senate. The fact additions have been recently made to it which
unanimous consent to introduce the following
resolution: of their passage was known to the world, and I have not had time to read. We have set I think I only obeyed the wish of the Legisla- | apart the night sessions for the consideration
Resolved. That the Committee on Banking and ture of Wisconsin when I did submit them.
Currency be directed to examine into all the facts of that bill.
and circumstances connected with the recent failure But my colleague asks me if I consider that Mr. WASHBURNE, of Illinois. I under- of the Merchants' National Bank of Washington,
and report to the House the amount of money deact of the Legislature instructing him to resign | stand it was the agreement of the House posited in the said bank, and by whom, the causes of his seat because of some votes he had given || yesterday that the constitutional amendment its failure, and also what further legislation is neceshere as an act of toleration, and whether I should be considered during the day and the sary in regard to the national banks to protect tho approve of the onduct of the Legislature. tax bill during the evening.
public and the Government, and that the said comŞir, the conduct of the Legislature had not been Mr. GARFIELD. I do not think that was
mittee be empowered to send for persons and papers,
and examine witnesses under oath. drawn in question at all. There had been no the understanding. It was not mine.
Mr. HOOPER, of Massachusetts. I sug. allusion to it whatever. But when my colleague The SPEAKER. To what time does the
gest an amendment that it be made to apply holds up that act of the Legislature as an evi- gentleman propose to postpone it?
to other banks. dence of intolerance like that of which I spoke Mr. GARFIELD. "Until the tax bill has Mr. WASHBURNE, of Illinois. I accept in certain appointments which were attributed been disposed of.
that-and other banks." to the President, I think he overlooks entirely Mr. STEVENS. I move that that motion
The resolution, as amended, was agreed to. the difference between the relations existing be laid upon the table. between him and the Legislature of Wisconsin Mr. RAYMOND. In case we do not finish
Mr. WASHBURNE, of Illinois, moved to and the relations existing between the Presi
reconsider the vote by which the resolution the constitutional amendment to-day, will it be
was agreed to; and also moved that the motion dent and the party who put him in the presi- || superseded by the proposition made the special dential chair. My colleague seems to forget || order for to-morrow?
to reconsider be laid upon the table.
The latter motion was agreed to. the fact that the Legislature of that State se- The SPEAKER. The constitutional amendlected him out of all the people of Wisconsin ment remains the special order until disposed
GRADE OF VICE ADMIRAL. to come here, bringing her power of attorney of.
Mr. RICE, of Massachusetts. I ask the to declare her will, to defend her interests, to Mr. STEVENS. I withdraw my motion to gentleman from Pennsylvania to yield to allow uphold her honor, to be her representative. lay upon the table.
me to introduce a bill. They had requested him upon one great meas- I will say that the intention is not to press Mr. STEVENS. I will yield. ure to make a given declaration of her wishes. the accompanying bills until this constitutional Mr. RICE, of Massachusetts. I ask unani. He declined to do that. I do not attack my amendment has been disposed of by the mous consent to introduce and put upon its colleague for declining it, for obeying his own Senate.
passage a bill to amend an act to establish the
grade of vice admiral in the United States of ratification. It is absurd to suppose that defect, and allows Congress to correct the un. Navy.
any more than three fourths of the States that just legislation of the States, so far that the law The bill was read in part, when
propose the amendment are required to make which operates upon one man shall operate Mr. ROSS demanded the regular order of it valid ; that States not here are to be counted | equally upon all. Whatever law punishes a business.
as present. Believing, then, that this is the white man for a crime shall punishi the black Mr. RICE, of Massachusetts. I hope the best proposition that can be made effectual, I man precisely in the same way and to the same gentleman will allow this to pass.
accept it. I shall not be driven by clamor or degree. Whatever law protects the white man Mr. ROSS. We have had flummery enough | denunciation to throw away a great good be- shall afford “ equal' protection to the black of that kind. cause it is not perfect. I will take all I can get
Whatever means of redress is afforded in the cause of humanity and leave it to be perRECONSTRUCTION-AGAIN.
to one shall be afforded to all. Whatever law. fected by better men in better times. It may allows the white man to testify in court shall Mr. STEVENS. The short time allowed by be that that time will not come while I am here allow the man of color to do the same. These our resolution will suffice to introduce this to enjoy the glorious triumph; but that it will are great advantages over their present codes. debate. If unexpectedly there should be any come is as certain as that there is a just God. Now different degrees of punishment are inohjection to the proposed amendment to the The House should remember the great labor | flicted, not on account of the magnitude of the Constitution I may ask the indulgence of the which the committee had to perform. They | crime, but according to the color of the skin. House to reply.
were charged to inquire into the condition of Now color disqualifies a man from testifying in The committee are not ignorant of the fact eleven States of great extent of territory. They courts, or being tried in the same way as white that there has been some impatience at the delay | sought, often in vain, to procure their organic men. I need not enumerate these partial and in making this report; that it existed to some laws and statutes. They took the evidence of oppressive laws. Unless the Constitution should extent in the country as well as among a few every class and condition of witness, from the restrain them those States will all, I fear, keep members of the House. It originated in the rebel vice president and the commander-in- up this discrimination, and crush to death the suggestions of faction, no doubt, but naturally chiefof their armies down to the humblest freed- hated freedmen. Some answer, “Your civil spread until it infected some good men. This
The sub-committees who were charged | rights bill secures the same things.” That is is not to be wondered at or complained of. with that duty-of whom I was not one, and can partly true, but a law is repealable by a majority. Very few could be informed of the necessity | therefore speak freely-exhibited a degree of And I need hardly say that the first time that for such delay. Beside, we are not all endowed patience and diligence which was never ex- the South with their copperhead allies obtain with patience; some men are naturally restive, celled. Considering their other duties, the mass the command of Congress it will be repealed. especially if they have active minds and deep of evidence taken may well be considered ex- The veto of the President and their votes on convictions.
traordinary: It must be remembered, also, that the bill are conclusive evidence of that. And But I beg gentlemen to consider the magni- three months since, and more, the committee yet I am amazed and alarmed at the impatience tude of the task which was imposed upon the reported and the House adopted a proposed of certain well-meaning Republicans at the committee. They were expected to suggest | amendment fixing the basis of representation exclusion of the rebel States until the Constia plan for rebuilding a shattered nation-a in such way as would surely have secured the tution shall be so amended as to restrain their nation which though not dissevered was yet enfranchisement of every citizen at no distant despotic desires. This amendmentonceadopted shaken and riven by the gigantic and persist- | period. That, together with the amendment cannot be annulled without two thirds of Conent efforts of six million able and ardent men; repudiating the rebel debt, which we also gress. That they will hardly get. And yet of bitter rebels striving through four years of passed, would have gone far to curb the rebel- certain of our distinguished friends propose to bloody war. It cannot be denied that this lious spirit of secession, and to have given to admit State after State before this becomes a terrible struggle sprang from the vicious prin- the oppressed race their rights. It went to part of the Constitution. What madness! Is ciples incorporated into the institutions of our the other end of the Capitol, and was there their judgment misled by their kindness; or country. Our fathers had been compelled to mortally wounded in the house of its friends. are they unconsciously drifting into the haven postpone the principles of their great Declara- After having received the careful examina- of power at the other end of the avenue? I do tion, and wait for their full establishment till tion and approbation of the committee, and not suspect it, but others will. a more propitious time. That time ought to having received the united Republican vote of The second section I consider the most imbe present now. But the public mind has been one hundred and twenty Representatives of the portant in the article. It fixes the basis of rep. educated in error for a century. How difficult people, it was denounced as “utterly repre- resentation in Congress. If any State shall in a day to unlearn it. In rebuilding, it is hensible," and "unpardonable;'! “ to be en- exclude any of her adult male citizens from the necessary to clear away the rotten and defect- countered as a public enemy;": "positively | elective franchise, or abridge that right, she ive portions of the old foundations, and to sink | endangering the peace of the country, and shall forfeit her right to representation in the deep and found the repaired edifice upon the covering its name with dishonor." "A wick- same proportion. The effect of this provision firm foundation of eternal justice. If, per- edness on a larger scale than the crime against will be either to compel the States to grant chance, the accumulated quicksands render it Kansas or the fugitive slave law; gross, foul, universal suffrage or so to shear them of their impossible to reach in every part so firm a outrageous; an incredible injustice against the power as to keep them forever in a hopeless basis, then it becomes our duty to drive deep | whole African race ;'' with every other vulgar | minority in the national Government, both and solid the substituted piles on which to epithet which polished cultivation could com- legislative and executive. If they do not enbuild. It would not be wise to prevent the mand. It was slaughtered by a puerile and | franchise the freedmen, it would give to the raising of the structure because some corner pedantic criticism, by a perversion of philo- | rebel States but thirty-seven Representatives. of it might he founded upon materials subject | logical definition which, if when I taught Thus shorn of their power, they would soon to the inevitable laws of mortal decay. It | school a lad who had studied Lindley Murray become restive. Southern pride would not were better to shelter the household and trust had assumed, I would have expelled him from || long brook a hopeless minority. True it will to the advancing progress of a higher morality | the institution as unfit to waste education upon. take two, three, possibly five years before they and a purer and more intelligent principle to But it is dead, and unless this (less efficient, I conquer their prejudices sufficiently to allow underpin the defective corner.
admit) shall pass, its death has postponed the their late slaves to become their equals at the I would not for a moment inculcate the idea
protection of the colored race perhaps for ages. polls. That short delay would not be injurious. of surrendering a principle vital to justice. But I confess my mortification at its defeat. I In the mean time the freedmen would become if full justice could not be obtained at once I grieved especially because it almost closed the more enlightened, and more fit to dischargo would not refuse to do what is possible. The door of hope for the amelioration of the condi- the high duties of their new condition. In that commander of an army who should find his tion of the freedmen. But men in pursuit of time, too, the loyal Congress could mature enemy intrenched on impregnable heights would justice must never despair. T.et us again try
their laws and so amend the Constitution as to actunwisely if he insisted on marching
his troops and see whether we cannot derise some way to secure the rights of every human being, and full in the face of a destructive fire merely to overcome the united forces of self-righteous render disunion impossible. Heaven forbid show his courage. Would it not be better to Republicans and unrighteous copperheads. It that the southern States, or any one of them, flank the works and march round and round will not do for those who for thirty years have should be represented on this floor until such and besiege, and thus secure the surrender of fought the beasts at Ephesus to be frightened muniments of freedom are built high and firm. the enemy, though it might cost time? The by the fangs of modern catamounts.
Against our will they have been absent for four former course would show valor and folly; the Let us now refer to the provisions of the bloody years ; against our will they must not latter moral and physical courage, as well as proposed amendment.
come back until we are ready to receive them. prudence and wisdom.
The first section prohibits the States from Do not tell me that there are loyal representaThis proposition is not all that the commit- | abridging the privileges and immunities of cit- tives waiting for admission-until their States tee desired. It falls far short of my wishes, izens of the United States, or unlawfully de- are loyal they can have no standing here. They but it fulfills my hopes. I believe it is all that priving them of life, liberty, or property, or of would merely misrepresent their constituents. can be obtained in the present state of public denying to any person within their jurisdiction I admit that this article is not as good as the opinion. Not only Congress but the several the “equal” protection of the laws.
one we sent to death in the Senate. In my States are to be consulted. Upon a careful I can hardly believe that any person can be l judgment, we shall noi approach the measure aurvey of the whole ground, we did not believe found who will not admit that every one of of justice until we have given every adult freedthat nineteen of the loyal States could be in these provisions is just. They are all asserted, man a homestead on the land where he was duced to ratify any proposition more stringent in some form or other, in our DECLARATION or born and toiled and suffered. Forty acres of tban this. I say nineteen, for I utterly repudi- | organic law. But the Constitution limits only | land and a hut would be more valuable to him ate and scorn the idea that any State not acting the action of Cougress, and is not a limitation than the immediate right to vote. Unless we in the Union is to be counted on the question ll on the States. This amendment supplies that I give them this we shall receive the censure of
mankind and the curse of Heaven. That arti- Lincoln during the years 1863 and 1864. Sub- it was evidently written with a view to being cle referred to provided that if one of the injured sequently, and as late as the early summer of applied after the war should have ceased. It race was excluded the State should forfeit the | 1865, President Johnson issued his celebrated
says: right to have any of them represented. That | amnesty proclamation granting pardons and "The President is hereby authorized at any timo would have hastened their full enfranchisement. immunities to certain specified classes in the hereafter, by proclamation, to extend to persons who This section allows the States to discriminate South that had participated in the rebellion
may have participated in the existing rebellion, in among the same class, and receive proportion- with a military rank under colonel, and except
any State or part thereof, pardon," &c. ate credit in representation. This I dislike. | ing certain classes from the benefits of his
It alluded to a future time when the rebelBut it is a short step forward. The large stride clemency.
lion should be suppressed. That future time which we in vain proposed is dead; the mur- Now, I am perfectly aware that as matter of
has been reached. The rebellion was conderers must answer to the suffering race. I strict law the deprivation of the elective fran- cluded and its armies dispersed, and Presi. would not have been the perpetrator. A load chise may not be regarded as a punishment,
dent Johnson, in direct and literal pursuance of misery must sit heavy on their souls.
and therefore no violation of the immunities of law, issued his proclamation pardoning all The third section may encounter more dif- conveyed by the pardon. But as a matter of
that class below the rank of colonel who had ference of opinion here. Among the people | fact these pardons have been given and accepted participated in the rebellion. I believe it will be the most popular of all the || with the full understanding that the recipients
Now, this constitutional amendment would provisions; it prohibits rebels from voting for were thereby fully restored to all the rights | be held to override the President's proclamamembers of Congress and electors of Presi- and privileges of citizenship, and do we not tion, being organic in its nature and supreme. dent until 1870. My only objection to it is by the proposed action place ourselves in the I understand, to use the cant phrase of the that it is too lenient. I know that there is attitude of taking back by constitutional amend. || day, that it “goes back on these men, and a morbid sensibility, sometimes called mercy, ment that which has been given by act of Con- deprives them of the civil rights which this which affects a few of all classes, from the priest | gress and by presidential proclamation issued full pardon restored to them. That is my unto the clown, which has more sympathy for the in pursuance of law? And will not this course derstanding, and that, it seems to me, would murderer on the gallows than for his victim. I be justly subject to the charge of bad faith on be the legal construction. But if the gentlehope I have a heart as capable of feeling for the part of the Federal Government?
man from Pennsylvania is correct, and it does human woe as others. I have long since wished Mr. STEVENS. I will answer that question.
not apply to that class of men, then I mainthat capital punishment were abolished. But I do not know if the gentleman is a lawyer, but
tain that it is the bounden duty of the House I never dreamed that all punishment could be I suppose he has examined this question. A to make the language so plain that “he who dispensed with in human society. Anarchy, || pardon, whether by the President having the runs may read," and that there may be no treason, and violence would reign triumphant. power, or specially by act of Parliament or doubt about its construction. Here is the mildest of all punishments ever Congress, extinguishes the crime. After that Mr. STEVENS. I have only to say, again, inflicted on traitors. I might not consent to there is no such crime in the individual. A that whenever a man can show a full pardon, the extreme severity denounced upon them by man steals; he is pardoned; he is not then a no penalty can be inflicted. a provisional governor of Tennessee-I mean thief, and you cannot call him a thief, or if you
Mfr. BLAINE. I desire to make no motion the late lamented Andrew Johnson of blessed do you are liable to an action for slander. at this time, but if this provision is to be left, memory—but I would have increased the sever. None of those who have been fully pardoned according to the construction which I have ity of this section. I would be glad to see it are affected by this provision.
given it, what I think is the obvious one, or extended to 1876, and to include all State and Mr. BLAINE. Then I must say if the gen
according to the construction which the gentlemunicipal as well as national elections. In my tleman answers the question in that way that man from Pennsylvania has given it, which, it judgment we do not sufficiently protect the loyal he puts a strange construction on the section. seems to me, would lead to infinite mischief men of the rebel States from the vindictive per: I will read it again. It is as follows:
and complication, I shall avail myself, at the secutions of their victorious rebel neighbors. SEC. 3. Until the 4th day of July, 1870, all persons proper time, of the right to move to strike it Still I will move no amendment, nor vote for
who voluntarily adhered to the late insurrection, any, lest the whole fabric should tumble to giving it aid and comfort, shall be excluded from
Mr. FINCK. Mr. Speaker, I promise to the right to vote for Representatives in Congress and pieces.
for clectors for President and Vice President of the trespass upon the attention of the House but I need say nothing of the fourth section, for United States.
a very few minutes in what I have to say on none dare object to it who is not himself a Now, I understand the distinguished gentle- this question. rebel. To the friend of justice, the friend of man from Pennsylvania to say that those under An amendment to the Constitution is at all the Union, of the perpetuity of liberty, and the rank of colonel who were pardoned will times a matter of grave inportance, and should the final triumph of the rights of man and their not be considered as having “adhered to the command calm and patient deliberation. extension to every human being, let me say, rebellion, and that this will not apply to them, It is of the last importance to the prosperity sacrifice as we have done your peculiar views, or in any way affect them. This certainly is and happiness of a people that stability in the and instead of rainly insisting upon the instan- a very strange construction, and it seems to great organic laws of the nation should be taneous operation of all that is right accept
me that it effectually nullifies what has been maintained. Amendments sometimes, I agree, what is possible, and all these things shall understood as the intent and purpose of the become necessary to the constitution of every be added unto you."..
section. In that view the section is worthless; nation ; but they should not be hurriedly made, I move to recommit the joint resolution to the and in the view I have given it involves bad and never without considering the interests and committee on reconstruction. faith.
opinions of the whole people. Mr. BLAINE. I do not rise to discuss the
Mr. STEVENS. The law says that a man To me, Mr. Speaker, this of all other seems proposition, but to ask of the honorable chair- convicted of felony shall not testify. You call the most inauspicious time to propose or make man of the committee a question, an answer to
him as a witness; the objector shows his con- changes in our Constitution. which, I am sure, will afford gratification and viction; he shows his pardon; and he is not a We are just at the close of the most stnpen. satisfaction to me, and doubtless to other memfelon.
dous war which has ever scourged any nation, bers of the House. It relates to the third sec- Mr. BLAINE. The gentleman from Penn- and the passions and alienations which have tion of the proposed constitutionalamendment, sylvania will excuse me. There is no pardon | been engendered by this strife have not yet which is in these words: that can be shown in this case.
completely passed away. Sec. 3. Until the 4th day of July, in the year 1870,
Mr. STEVENS. Oh, yes; there is a pardon. The amendments proposed are to affect the all persons who voluntarily adhered to the late insur- Mr. BLAINE. There was no pardon granted people of this whole country, but more esperection, giving it aid and comfort, shall be excluded from the right to vote for Representatives in Con
except by the proclamation. These men have | cially are they intended to affect the people of gress and for electors for President and Vice Presi- no pardons which they can produce in court as the States lately in insurrection; and it would dent of the United States.
a malefactor can. A vast class was pardoned seem notonly to be an actofeven-handed justice, Now, the question in my mind, upon which by wholesale, and being pardoned, they stand but of the highest wisdom, if we would consult I respectfully ask for information, is whether | to-day just as well in point of civil rights and the teachings of the wise and pure men who this may not involve us in a position of bad privileges as they did before the rebellion. established our Government, that these people faith. On the 17th of July, 1862, an act was
Now, I maintain that this constitutional amend- should have an opportunity of considering and approved, entitled “An act to suppress insur
ment would lead to serious misunderstanding | discussing these amendments here, and to rection, to punish treason, to seize and confis. throughout the entire South.
record their votes through their representatives cate the property of rebels, and for other pur.
Mr. STEVENS. Of course the fact of either for or against them before they are poses,' of which the thirteenth section is in | having complied with the conditions of pardon | finally submitted to the States for their action. these words: will be shown.
Now, what is the condition in which we to-day “That the President is hereby authorized at any
Mr. BLAINE. But there were no condi- find ourselves ? time hereafter, by proclamation, to extend to persons tions.
The war terminated over a year ago. The who may have participated in the existing rebellion, Mr. STEVENS. Oh, yes, there were. people of the late insurgent States have fully in any State or part thereof, pardon and amuesty, Mr. BLAINE. President Johnson's procwith such exceptions and at such times and on such
and completely yielded obedience to the Conconditions as he may deem expedient for the public lamation pardoned all below a certain rank in stitution and laws of the United States. Their welfare.
the rebel army. Mr. Lincoln, I know, did State governments are completely restored. Under and in pursuance of this act the late
exact conditions; and if there were no proc. Their courts are in the full exercise of their jurisPresident Lincoln issued a proclamation grant- || lamation out except that of Mr. Lincoln, diction, and profound peace reigns throughing a great number of pardons upon certain why, of course, there could be no misunder: out our borders. To show that these people specified conditions. Hundreds and perhaps || standing. But I want the gentleman to ob- are in earnest, and acting in good faith, I need thousands of pardons were granted by Mr. serve the phraseology of the act of 1862, for ll only refer to the fact that they have ratified the
amendment abolishing slavery, abandoned the dential election of 1868, but will, after having | tion provides that no State, with out its conpretended claim to the right of secession, and his feelings soothed and his love of country sent, shall be deprived of its equal suffrage in elected members of Congress.
encouraged by being branded as an outlaw and the Senate;' and the right to representation But, sir, the men who control this Congress compelled to bear the burdens of Government, in the House is equally clear. have failed, in my judgment, to meet these peo- in the nicely adjusted and ascertained period But this llouse by the mere exertion and ple in that true spirit of kindness and forgive- of four years from the 4th day of July, 1866, combination of numbers excludes from its ness dictated by a wise and enlarged states- which is a safe and reasonable time after the deliberations fifty-seven menibers ; and the manship, and which now alone are necessary next presidential election, be converted into a Senate by the same power excludes twenty: to restore cordial relations between the two true and loyal citizen, and will by that time two members from a voice and vote in that sections.
become attached to the Government which had Chamber. And it is, sir, in this strange and At the commencement of this session a disfranchised him, and may then safely be in- extraordinary condition of our affairs that we most extraordinary resolution was adopted, trusted with the great right of suffrage. Cer: are gravely invited to proceed to change the creating a joint committee of fifteen on re- tainly this discovery deserves to be protected Constitution in such a manner as to deeply and construction, and to which it was ordered that by some law.
materially affect every State whose representeverything relating to the admission of mem- But, sir, this proposition to disfranchise these atives are excluded from Congress; and we bers from the late insurgent States should be people by an amendment to the Constitution, are turther asked to say to these States thus referred, and one of their representatives to which you require the consent of the States excluded that if they refuse to debase themwere to be admitted until this committee should whose citizens are thus to be disfranchised, selves as equal States in the Union and dereport on the subject. Thus this House, in the is a most solemn admission that you have no cline to ratify and approve by affirmative action face of that provision of the Constitution, which authority to thout such an amendment. these changes, that their exclusion shall be perdeclares that each House shall be the judge of I trust gentlemen have no design in this propo. petual. the elections, returns, and qualifications of its sition to disfranchise nine tenths of the voters I ask gentlemen to pause and reflect before own members, surrendered the exercise of that of eleven States, unfairly to perpetuate their || they commit themselves to so monstrous and right to a joint committee, the distinguished political power, or to influence the next presi- revolutionary a scheme as this. chairman of which [Mr. STEVENS] had already dential election.
I may bedeluded and mistaken when I assume pronounced these States conquered territories The fourth section provides that the rebel that we are still legislating under a Constituand their citizens aliens. debt shall never be paid. Well, I suppose no
tion which we have all sworn to support. Or We have been advised from time to time, one can be found in this country silly enough can it be possible that while the forms and prowith an air of supreme defiance at the resto- to believe that the rebel debt ever will be paid. || visions of that sacred instrument are still conration policy of the President, that Congress These proposed amendments are accompa- tained in our books, that its whole spirit and must first ascertain and declare that these were nied by a bill which constitutes a part of the binding authority have been destroyed, and that States really in the Union, with governments | plan of the committee, the first section of the rich heritage of our fathers, of a free Govrepublican in form; and that until these things which provides
ernment regulated by law, has become already were satisfactorily declared by Congress, no That whenever the above recited amendinents shall
a mere machine by which the majority in ConSenator or Representative could be admitted have become part of the Constitution, and any State gress are left free and untrammeled to do just from any of these States. lately in insurrection shall bave ratified the same,
what they please? Well, sir, we have waited, and the country
and shall have modified its constitution and laws in
Mr. Speaker, I trust that we are still in poshas waited, with feverish anxiety for the period atives from such State, if found duly elected and session, not only of the Constitution of our when this committee should report on these qualified, may, after having taken the required oaths
fathers, but that we will be animated and conquestions and the congressional plan should be of office, be admitted into Congress.
trolled, at least in some degree, by their wis. finally presented. Witnesses have been brought Also, another bill, which declares,
dom and patriotism. from all parts of the country and examined by Certain persons ineligible to office under the Gov.
Sir, I deny wholly that there exists under ernment of the United States. the committee, to ascertain and report on the
our Constitution any right whatever for any loyalty of the southern people and the condi- Here, sir, in these propositions, we have the number of States to combine together to extion of their State governments. At last, after
result of the wisdom and statesmanship of clude the rest from their constitutional reprefive months' labor, this committee has brought the distinguished gentlemen who compose the sentation in Congress, and to say to these States in its report, and what information do they bring || majority of the committee; and I say it with- so excluded that they shall only exercise the us? And what do they propose that Congress out intending the least disrespect to these gen- right of representation on the terms and condishall do? Do they tell us whether these States tlemen, that in the future they will be quite || tions of adopting certain proposed amendments are in or out of the Union; or whether they unwilling to fix upon this report as the stand
to the Constitution, because by the recognition have governments republican in form? Notá | ard and measure of either their ability or of snch a principle you at once sanction the bit of it. But they report an amendment to statesmanship. Allow me to say, further, that || right of three fourths of the States, not to the Constitution, containing four or five sec
this committee have had the opportunity, in make amendments merely, but to adopt a protions, with two bills accompanying it, and these the most important period of our history, to vision which they may call an amendment, and are to constitute the congressional plan, as have inscribed their names among the first then drive the remaining one fourth of the opposed to the policy of the President. statesmen of the age, by a liberal and enlight- States out of the Union, unless they shall also
The time to which I am limited by the reso- ened policy, which would have bound all sec- adopt the same proposition. lution of the House regulating this discussion ; tions of this great country together in the For that is virtually what is assumed may be will prevent me from entering into an elaborate strong bond of mutual friendship and a re- done by the proposition of this committee. Nay, examination of this plan of the committee; and
stored Union. But they have let that opportu- more than this is assumed. It is the assertion I shall have, therefore, to content myself with nity pass.
of the right of three fourths of the States to a very brief examination of it.
Stripped of all disguises, this measure is a say to the other fourth, you shall be held in The first section provides that,
mere scheme to deny representation to eleven this Union for the purposes of taxation; you No State shall make or enforce any law which shall States; to prevent indefinitely a complete res- shall be subjected to all the burdens and duties abridge the privileges or immunities of citizens of the toration of the Union and perpetuate the power of States in the Union, but you shall never be United States; nor shall any State deprive any per- of a sectional and dangerous party. son of life, liberty, or property without due process
represented in Congress unless you agree to of law, nor deny to any person within its jurisdiction I am, Mr. Speaker, in the present attitude the conditions which we shall see proper to the equal protection of the laws.
of our affairs, opposed to making any amend- impose on you, although the Constitution exWell, all I have to say about this section is, ments to the Constitution; and, beside this pressly declares that no State without its conthat if it is necessary to adopt it, in order to objection, I am opposed to the measure under sent shall be deprived of its equal suffrage in confer upon Congress power over the matters discussion, because it seeks to introduce into the Senate," and that each State shall have at contained in it, then the civil rights hill, which our system a principle which is wholly unau- least one Representative in the House. the President vetoed, was passed without thorized, and will, if adopted, I fear, lead to Sir, the whole scheme is revolutionary and authority, and is clearly unconstitutional. serious difficulties in the future.
a most shallow pretext for an excuse to excludo The second section provides a new basis for What is the theory on which these proposi- the vote of eleven States in the next presiden. the apportionment of Representatives to Con- tions are based?
tial election. You cannot exact conditions in gress, and is substantially the same which was This Union is composed of thirty-six States ; this way from any State in the Union; no defeated some weeks since in the Senate. and by law, in full force, but the provisions of more from Georgia, than from Massachusetts.
The third section deprives all persons who which are defied and utterly disregarded, this They are each equal States in the Union, held voluntarily aided in the rebellion from voting | House is legally and constitutionally to be com- together by the same Constitution, neither being for members of Congress and for electors for posed of two hundred and forty-one members ; the superior of the other in their relation to President and Vice President until the 4th day but we have Representatives here from only the Federal Government as States. of July, 1870.
twenty-five States, and only one hundred and I cannot pretend to say, Mr. Speaker, what The majority of the committee have made a eighty-four members.
will be the action of these States, on these promost wonderful discovery, as disclosed in this The constitutional number of Senators is posed changes, but I trust they will have spirit third section of the proposed amendment, and two for each State, and when full that body | enough left to reject, with firm and manly indehave gravely announced to the world that a would now consist of seventy-two, while it is pendence, a scheme which disfranchises a large citizen of the United States who is now entitled in fact, composed of but fifty. So that eleven majority of their citizens and brands with the to vote, but whose loyalty is suspected, would States are denied all representation in both | humiliating marks of inferiority States which be an unsafe voter in 1866, or even in the presi- Il branches of Congress, although the Constitu- are constitutionally the equals of any other States in this Union. I trust, sir, these people generation who may come after us, may deem its Secretary, announced that the Senate had will rally with a united and patriotic purpose it best for the true interest of a country which passed a joint resolution of the House (No. around the wise and just policy of Andrew may then number one hundred million people, 133) relative to the attempted assassination Johnson.
and fifty States, to modify the rights of some of the Emperor of Russia, with an amendment, Gentlemen cannot justify themselves in sup: other States in their representation.
in which he was directed to request the coucurporting this proposed legislation on the ground The six New England States have twelve rence of the House. that these States are out of the Union, and that Senators, but have a population less than the
RECONSTRUCTION-AGAIN, therefore this Congress may require such con. single State of New York, and in the next ditions-precedent as they please to their ad- generation will probably have a population Mr. GARFIELD. Mr. Speaker, I do not rise anission. No, sir; these States are not out of less than some of the States in the great to speak at length upon the pending measure, the Union. They have never been out of the valley of the Mississippi, and who can tell but | but for the purpose of entering a motion and Union. They have been recognized by the that some other interest may not then form submitting a few practical suggestions on the executive and judicial departments of the Gov- a combination and say to these six States, || bill, and particularly in reference to the third ernment as States in the Union, and Congress you have too much power in the Senate for section. has, by its legislation, more than once during your population, and we can only agree that With almost every proposition in the report the war fully recognized them as States in the you shall enjoy the right to be represented in of the joint committee on reconstruction I am Union, and the very measure which is now Congress on the condition that you will con. pleased; yes, more than pleased, I am delighted proposed to them for their acceptance is a rec- sent to a reduction of your equal suffrage in that we have at least reached the firm earth, ognition of the fact that they are existing States the Senate?
and planted our feet upon the solid granite, on of the Union; and yet gentlemen who support Gentlemen from New England might then | enduring and indubitable principle. I believe these propositions put themselves in the atti- || appeal to the Constitution and to the sanctity we have at last a series of propositions which, tude of requiring conditions from these States, ll of that provision which gives to each State two in the main, will meet the approval of the on which they are to be entitled to representa- Senators. But, sir, the answer could be made, American people as no others have ever done tion, which they do not for a moment believe and with tremendous force, that the same pro- since the beginning of this struggle. they have a right to exact from New York vision existed from the foundation of the Gov. I will not go into a general (liscussion of the or Pennsylvania. Sir, these eleven States are
ernment; and notwithstanding that fact, these reconstruction policy, but will confine myself in the Union as equal States, and as clearly States once, on a memorable occasion in the || in the few words I shall say to the joint resolu. entitled to representation, as Ohio or Massachu- history of this country, combined to disregard | tion and the amendment to the Constitution setts. They are to be counted in the number of this provision and denied the benefit of this proposed by it now before the House, and more all the States, three fourths of which are ne- right to eleven of their sister States unless particularly to one section of it. First let me cessary to ratify an amendment to the Consti- they should first sanction and adopt conditions say I regret more than I shall be able to tell tution. They are so far regarded by this com- which the majority had no right to impose ; this House that we have not found the situatiou mittee as States as to be called upon to exercise and depend upon it, sir, the appeal, if made to of affairs in this country such, and the public one of the highest functions which a State can men like those who now control our legislation, virtue such that we might come out on the exercise, namely, to adopt or reject a pro- would be made in vain.
plain, unanswerable proposition that every posed change in the organic law of the country. Sir, this measure is dangerous to our safety. || adult intelligent citizen of the United States,
But, sir, a strange spectacle is presented in It protracts an unfortunate contest without unconvicted of crime, shall enjoy the right of this measure. States are called upon to delib- promising any beneficial results to the har. || suffrage. erate on proposed amendments within their own
mony and prosperity of the country. The time Sir, I believe that the right to vote, if it be respective jurisdictions; and these very States has come, I most respectfully submit, when the not indeed one of tbe natural rights of all men, are deprived of all opportunity of discussing feelings of sectional hate and animosity should is so necessary to the protection of their nator voting upon these propositions in Congress, I give way to the higher and nobler principles ural rights as to be indispensable, and there. and are States which it is gravely proposed of magnanimity, of kindness, conciliation, and fore equal to natural rights. I believe that the shall not be represented, unless they shall first true charity
golden sentence of John Stuart Mill, in one of adopt amendments presented to them by two The people of
United States will never his greatest works, ought to be written on the thirds of the representatives of twenty-five out consent to a dissolution of the Union. They constitution of every State, and on the Constiof the thirty-six States of this Union. And have sacrificed too much to preserve it ever to tution of the United States, as the greatest and more than all, these States are thus invited to abandon it or sanction measures which will most precious of truths, " That the ballot is deliberate on the modest demand made of delay the complete restoration of all the States put into the hands of men, not so much to them to disfranchise a large majority of their to their constitutional relations with the Fed. enable them to govern others as that he may own citizens, through Legislatures elected or eral Government. It was for this that our not be misgoverned by others." I believe to be elected, by the votes of the very men who brave men fought. For this oceans of blood that suffrage is the sbield, the sword, the spear, are to be disfranchised under this amendment.
and treasure were poured out like water; and and all the panoply that best befits a man for Sir, the proposition need only be stated to con- the man or set of men who may attempt to his own defense in the great social organism demn it as anti-republican and wholly at war obstruct or delay the full fruition of the great to which he belongs. And I profoundly regret with all the well-settled principles of a free struggle will be ground into powder by that that we have not been enabled to write it and representative Government.
people whose purposes to maintain the Union engrave it upon our institutions, and imbed it in It is, sir, the assertion of a principle which and preserve the Constitution are as fixed as the imperishable bulwarks of the Constitution may embarrass the nation in the future. I trust our mountains.
as a part of the fundamental law of the land. this Government may continue a free Govern- Mr. Speaker, the North and the South are But I am willing, as I said once before in ment for countless generations to come. The destined to live together as one people, in the this presence, when I cannot get all I wish to life of man is of but short duration, that of a same Union, and under a common Constitution. take what I can get. And therefore I am will. nation is often counted by centuries. And we Let us, I beseech you, endeavor to live together ing to accept the propositions that the comshould remember that it is always unsafe to as true friends and brothers.
mittee have laid before us, though I desire establish precedents which may disturb the Let us rise equal to the great occasion and one amendment which I will mention presunion of these States or sanction a combina- imitate the noble example of our brave armies | ently. tion of States to impair that perfect equality ll in the field, who, when the conflict had ended, I am glad to see this first section here which of the rights of the States as they exist and are no longer regarded the southern people as proposes to hold over every American citizen, secured, under our federative system.
enemies, but as friends. • Enemies in war, in without regard to color, the protecting shield We all know that one of the compromises peace friends." Let us welcome into these of law. The gentleman who has just taken bis made by the framers of the Constitution was Halls representatives from all the States who seat [Mr. FINCK] undertakes to show that the recognition of the equality of each State may be true to the Constitution and the Union ; || because we propose to vote for this section we in the Senate; and to fix this equality they ll and when all these States shall once therefore acknowledge that the civil rights bill provided in the Constitution “that no State, gather around this common council chamber was unconstitutional. He was anticipated in without its consent,” should be deprived of of the nation, then, and not till then, let the that objection by the gentleman from Pennsylits equal suffrage in the Senate.
great questions of amendment be fairly dis- | vania, (Mr. STEVENS.] The civil rights bill is ,
now a part of the law of the land. But every go Sir, if we shall be true to our destiny, obe- gentleman knows it will cease to be a part of further, and deny all representation to eleven States in either House of Congress, and pro
dient to the great principles of the Constitution the law whenever the sad moment arrives when
and the rights of all the States, this Govern- that gentleman's party comes into power. It pose that the exercise of this plain right, ment will endure, and we shall be enabled to is precisely for that reason that we propose to secured by the Constitution to all the States, transmitit unimpaired to our children as a price- lift that great and good law above the reach of shall be enjoyed only on such terms and con- less heritage, which has come down to us from political strife, beyond the reach of the plots ditions as you may see fit to propose, through || the men of the Revolution, to be, as I most and machinations of any party, and fix it in a Congress which ihus excludes these States.
carnestly pray, perpetuated for ages to come the serene sky, in the eternal firmament of the Gentlemen would do well not to forget that as the model of free governments and the Constitution, where no storm of passion can it is possible, if this combination of the major- || asylum for the oppressed of every land.
shake it and no cloud can obscure it. For this ity of the representatives of twenty-five of the
reason, and not because I believe the civil rights thirty-six States, should now be successful, and
MESSAGE FROM THE SENATE.
bill unconstitutional, I am glad to see that first should be sanctioned by the people, that a A message from the Senate, by Mr. FORNEY, Il section here.