Page images

and to say

upon the table by an immense majority. The the convention to which he refers, I stated the ers of the Freedmen's Bureau be passed notdecision of the chairman of the convention same, and also in all my speeches that were withstanding the objections of the President? was that they were lost, that the motion to published. I perhaps did not argue it at length and thirdly, the vote he recently gave upon lay upon the table had carried. I am not for we were fighting other matters than that the proposition to pass the civil rights bill, so here to say that that was not the fact, because question; we were fighting to carry the Union called, under the same circumstances and over the convention was not divided; but I think I party, and we did it.

the veto of the President. am warranted in saying that it could not have Mr. HOWE. I do not dispute but that my Now, I must be allowed to say, been by a very large majority of the conven colleague might have said as much as this in very frankly, that not only is no one of these tion, because I have been informed by a great the convention which he attended. I do not votes sanctioned by the action of the late State many very candid gentlemen who were mem dispute but that he might have said as much convention in Wisconsin, but every one of them bers of that convention that, judging by the as this at some other meetings that he attended || is condemned by the express action of my colsound, there was actually a majority against in that State. All I am saying or insisting league himself. He himself has declared indilaying the resolutions on the table, but the upon is, that it is not as much as he can say vidually against every one of these votes. The chairman decided otherwise. I believe it was in defense of a cause that he has at heart and record has been presented here over and over the last vote taken in the convention, after a wants to carry. He can do better than that, again, showing that two years ago he voted for great many members had left the building and and therefore I infer that the extension of the a proposition declaring in very words that no left the town, when all were in a hurry to go. suffrage to the negro did not have his best one of these States should send back repreIt was the last vote taken except the formal efforts last fall. I think, Mr. President, that sentatives here until the assent of Congress was vote of adjournment, and the convention was if he and if that convention had lent to declared. not divided.

that measure of right and of justice the full Mr. DOOLITTLE. I will ask my colleague But, Mr. President, that the Union party of benefit, the full weight of their names and their how he voted on that question; for or against it? Wisconsin did think that the ballot ought to be || indorsement, the vote of that State would have Mr. HOWE. Mr. Presidentput into the hands of the colored population in been given in favor of the law.

Mr. JOHNSON. If the honorable memWisconsin my colleague will not deny. That Sir, if you look at the return of that vote you bers will excuse me, I rise for the purpose a very large majority of them voted in favor of will find that while in most precincts the vote of inquiring what is the question before the putting the ballot into their hands, he certainly for the extension of suffrage fell below that Senate. will not deny, for the record proves it. My given for the State ticket somewhat, in a great The PRESIDENT pro tempore. The quescolleague thought, and so advised, that it was many of the precincts they ran right along paral. || tion is, Shall the vote refusing to admit the unsafe to commit the party to that proposition. lel to each other, indicating that the same indi. Territory of Colorado as a State into the I thought otherwise then. I told him that I viduals who voted for the State ticket voted for Union be reconsidered ? thought otherwise. I think otherwise now. the extension of suffråge, showing to a great

Mr. JOHNSON. I do not see that this disWith all the light which the late election has extent that it was a party question, so treated cussion has much reference to that question. given me on the subject, I think it would have in those precincts. The men who made the Mr. HOWE. I am surprised that the honbeen wise for that convention to have recom Union party in those precincts were just like orable Senator from Maryland does not see mended to the people of Wisconsin to accord the men who composed the Union party in all the point. [Laughter.] suffrage to the few hundred black men within the other precincts; but it happened that in Mr. JOHNSON. I do not. the limits of that State.

the towns there were here and there politicians Mr. HOWE. If this is not germane to that My colleague says that he voted for extending who thought there was something to be made, 1 question, I cannot conceive very well what the right of suffrage and he advocated it before

some evidences of wisdom to be exhibited, by should be. [Laughter.] I am very clear that the people. I am glad to hear him say that he avoiding the question of suffrage, and their it is germane to the debate which has taken voted for it. I shall not undertake to say that he influence was given against it; and you could place on the question, and I supposed that the did not advocate it; but my colleague will al almost count the individuals who reduced the present debate was strictly in order; therefore low me to say to him that if he did advocate vote for negro suffrage below the vote given for in carrying it out I supposed that I was strictly the extension of suffrage in our State last fall,

the State ticket. If the convention had in in order. he did not do himself full justice; that he is

dorsed that measure, as they indorsed the But to answer the question of my colleague, capable of advocating a cause more ably, more

State ticket, we should not have seen these || I believe the record shows that I did not vote conclusively, and, when he is advocating a good | evidences, I think; and I think so the more, on that question. I believe the investigation cause, as that was-he admits it or he would because of a very peculiar fact not at that time shows that I was engaged at the time on the not have advocated it at all-he is capable of

known to my colleague, and I am sorry to say Finance Committee. I want to say that if I advocating it more successfully than he did not known to myself. That peculiar fact was had been here, I do not think there is any that. I recollected, when he made this statement that the law of our State at that very time did rational doubt that I should have voted for that yesterday, a speech which he made in the city secure to every adult colored man the right to proposition, because the record of the debates of Milwaukee, and which was published exten

vote. The advice that my colleague gave to which have taken place here will show that I sively through that State, and which was pub that convention, and upon which they acted, have made repeated demands since 1861 for lished in the National Intelligencer in this city,

was simply this: it is not safe for you to put such a legislative declaration as that was. and was headed his “speech on negro suf

into your platform a measure which stands as Mr. President, I refer to that little passage frage.' That was the only speech of his I ever

the law of the State to-day. In 1849, if I am of history now in connection with the statesaw or heard of advocating negro suffrage; and

not mistaken in the year, the people of that ment of my colleague that his vote was sancnow I want to call his attention more particu

State, a majority of them voting upon the ques tioned by the State convention, simply, as I larly to one or two extracts from that speech, tion, voted to extend the right of suffrage to said, to show that not only the State conto vindicate what I have just told him, that it

this very class. It was decided by the canvass vention was silent upon that precise point, but was not his best style of advocacy:

ers at the time that that was not sufficient to that he himself had committed himself to the

clothe them with the right, and they never “Now, then, fellow-citizens, while I myself, more

doctrine which is now entertained by the great than twenty years ago, in the State of New York ad

claimed or exercised it until the late election. bulk of his friends on this floor. vocated the extension of suffrage to the colored men Then they did claim it, and it was denied to The second vote which he gave here, and there, because I believed that a large majority of them were of sufficient intelligence to exercise that

them; a suit was commenced, and since that which has occasioned great regret among our right, and although when it was submitted in Wis

time the supreme court of the State have de friends at home, was the vote he gave on the consin I voted for its extension and expect to vote cided unanimously that the vote given sixteen for it again when I go to the polls, I tell you I will

passage of the Freedmen's Bureau bill, so not consent to make this question a matter of close

years ago did confer upon them the right of called, over the veto of the President. "The cominunion in the Union party in Wisconsin. Gen suffrage; and my colleague will not insinuate, ll expediency of that measure, and its constitutlemen tell me that this is arguing from motives of nor will any man that knows the individuals tionality, I suppose, he had himself declared, as expediency. Sir, it is arguing from the highest expediency, doing that which is right, and therefore is

composing that court, that it was dictated or I understand, having voted in favor of its pasalways the best. I maintain that at the present time influenced in any degree by political or partisan sage when it passed the Senate. To that he the highest duty of the members of the Union party feeling. No one will assert that. Nay, more, had given his assent. Of course, when he voted is to maintain their supremacy in the administration of this Gorernment until the rebellion is over, and

I have not yet seen the first paper uttering the for that bill he was not voting in defiance of until the fruits of this struggle are gathered. It is

opinions of the Democratic party in that State, instructions which the late State convention not only suicidal but a crime of the highest magni which assails the soundness or the justice of had given him. He did not understand that tude in us now to become divided and disorganized, that decision of the supreme court.

that State convention had incorporated any. and thus surrender the Government into the hands of a party who has opposed and embarrassed it dur Mr. President, the three measures upon which thing into their platform which precluded him ing the prosecution of the war. You know very well my colleague has differed most broadly from from voting for the passage of that bill. If he and we all know that this matter of prejudice, for you may call it by that name, if by no other, is the

his former political associates in this body, and had, he would not have voted for it most difficult of all things to manage in the human

which have occasioned the most regret, not to When the civil rights bill, so called, passed heart. You cannot reason with it, but it is a stub say grief, among our friends in the State of

the Senate, I believe my colleague did not vote born fact."

Wisconsin, I believe may be said to be first his for it; but I believe he did say, subsequently, Now, Mr. President, I think I have read all action upon that proposition recently pending that if he had been in his place he should have there is in that speech in support of extending | which proposed to declare that these rebel voted for it; and would he have said so, will the right of suffrage to the negro. I am not States should not send representatives back he assert now that he would have made such a complaining of my colleague for not saying any here except with the assent of Congress em declaration, if he had supposed that the late more last fall in defense of that law.

bodied in an act; secondly, the vote he gave State convention had instructed him against Mr. DOOLITTLE. My colleague will allow upon the question submitted to the Senate, giving any such vote? I do not conceive that mo to state, without interrupting him, that in Shall the bill extending and enlarging the pow. he would have made any such declaration.

I conclude, therefore, that I am abundantly say that I will not now take the time or ask the and that they were set upon by a Colonel Chivjustified in saying that to each one of the time of the Senate to discuss this questionington and murdered, men, women, and chil. measures upon which he has given a vote between the Legislature of Wisconsin and my dren, a charge well calculated to shock the which has occasioned regret in our State he self until those resolutions arrive here which it moral sensibilities of the whole people. The had previously given his assent. And now I has been said were passed; but at some time I committee took it for granted, as it seems to think I have a right, and I think it is my duty, I will take up the question and then I will con me, in their report that that charge was true; to plead these facts in defense, not of myself, | sider the subjects which my colleague has to-day and because Governor Evans did not indorse nor by way of prosecuting my colleague for one presented. I simply intended to reply to-day the charge they accused him of prevarication. moment or by one inch, but to plead them in to what was stated by my honorable friend from Now, what were the facts, as shown by the justification of the action of the recent Legis Nevada [ Mr. Nye) yesterday; but my colleague report of the Indian Bureau and the Secretary lature of Wisconsin. He asserts that that has gone into some two or three other matters; of War, which I have before me? If any genLegislature, in instructing him to resign or and when the resolutions come here, I will ex tleman controverts what I say, I am prepared instructing him as to his votes, have themselves press myself in full upon the whole subject and to prove every word that I shall say. violated instructions given to them by the con will reply to what my colleague has said.

In the first place, these Cheyenne Indians vention from which he says they originated. Mr. HOWE. Mr. President, that is all per: were not friendly Indians; they were at war In the first place, I think, it is fair to say that || fectly satisfactory, of course. I declared that with the people of the United States; they had the meinbers of the Legislature are in no way I was about to say a few words on the pending been engaged in indiscriminate slanghter, plunbound by the action of that convention. The question; but I am aware that I took the floor der, robbery, and murder upon the plains. To members of the Legislature represent precisely from my friend from Indiana, and I took it for show that they were friendly Indians, the comthe same constituency that the convention did. the purpose of making this explanation, speak mittee on the conduct of the war report the They do not take instructions from any con ing on a point realiy irrelevant to the issue. further fact that although they had seven white vention. It would be fair to say this, perhaps, || I do not think I have a right to keep it for any prisoners with them they had purchased the of officers elected by the State and selected by other purpose, and I now yield it to the Senator prisoners. The proof taken before the council the convention; but the members who repre from Indiana.

is, that every prisoner had been taken from sented that State in its Senate and in its House Mr. LANE, of Indiana. Mr. President, I murdered trains upon the plains by the very of Representatives were not selected by that do not propose to enter at any considerable men who had them, and there was no purchase convention, do not represent it, are not respon | length into the general discussion of the subject in it. sible to it. Secondly, I say once more, what I before the Senate. I rise more especially for The committee assumed another fact, that have already said, that the convention from the purpose of performing an act of justice Governor Evans offered a premium to the peowhich he says that Legislature sprang gave no toward an old, long-tried, trusted, and true ple of Colorado to go out and scalp Indians, such instructions as he has appealed to. friend, whom I have known for thirty years. men, women, and children, friendly or un

Mr. President, I believe this is all I need say If the distinguished Senator from Massachu. friendly. I have the proclamation of Govin defense of the Legislature of Wisconsin. I setts [Mr. SUMNER] had contented himself yes ernor Evans here, word for word, in which he cannot quit the subject without saying once terday with referring simply to considerations expressly excludes all friendly Indians; and more that my purpose in saying this is not in growing out of the condition of Colorado and who else? All who had been invited to Fort any way to attack my colleague. I thought I what he regards as the exceptionable features in Lyon to enter into treaty, where the massacre was bound to say something in defense of the the constitution of that State, I should not have is said to have occurred. I have the further Legislature. I believe they acted in entire good felt bound or called upon to say one word fur: fact that Governor Evans was not in the Terfaith. I believe the difference of opinion which ther in the discussion of this subject.

ritory at the time, and was no more responsihas developed between them and my colleague The Senator from Massachusetts undertook, ble for that massacre than any member of this has occasioned them heartfelt regret; but that however, to disparage statements contained in Senate. I have the further fact from the War they have represented the loyal-no, I will not the pamphlet signed by the two Senators-elect Department and the Indian Bureau that long use that term now, speaking of political parties, from Colorado by reference to the report of before this massacre Governor Evans had that they have represented the Union party of the committee on the conduct of the war, in turned over the whole administration of Inthat State, I must be allowed to say there is no which the name of Governor Evans, one of the dian affairs in that Territory to the War Departlonger any room or any excuse for denying. Senators-elect from Colorado, occurs. That ment. As Governor of Colorado he was ex That should be conceded. It has become the report was made under a misapprehension of officio superintendent of Indian affairs ; but fashion, which my honorable friend from Ne the facts. The evidence was taken first before when war broke out, when troops were sent to vada [Mr. Nye) yesterday legitimated-it never three members of a committee consisting of suppress Indian hostility, he very properly was legitimate before--to read from letters ex nine, then before two, and finally, as I under turned over the whole management of Indian tensively. As I received one yesterday from stand, only one member of the committee was affairs to the War Department, and Colonel a gentleman who never allowed himself to be present. They acted, doubtless, with perfectly Chivington was there, not under any order of called anything but a Democrat until this war fair and honest intentions, but they did in his, but simply under the orders of the War broke out, a gentleman holding a very high | justice unintentionally to Governor Evans, as Department. He was in no way responsible official position in our State, a position assigned || I am prepared to show by an abstract of all for anything that happened at that massacre. to him by the Democratic party, and holding || the documents bearing upon the subject. The | He had not only the authority of the War it in a very strong Democratic neighborhood report of the committee accuses "Governor | Department, but he had telegraphed to the and district, I feel tempted here, upon this Evans of prevarication as a witness before that Commissioner of Indian Affairs and resigned point and in this connection, to read one para committee. The point in issue was this the administration into the hands of the oflicers graph. He has been known in our State since Mr. WADE. As I do not know that I shall sent there by the General Government. the rebellion broke out as a war Democrat, so make any speech on the subject, and allusion Now, you see the entire unfairness of an classified in the nomenclature of parties in that has once or twice been made to what occurred attack upon one of the Senators-elect growing State. He says:

before the committee on the conduct of the out of this state of things, and I am utterly “The Union party, including the war Democrats war, I barely wish to say that at the investi astonished that the Senator from Massachustand by Congress in Wisconsin, and no palavering gation which is alluded to here I was not pres. setts, without having read these documents and will whecole our people on this simple issue. We are for reconstruction on the basis of justice, and not for

ent, although my name appears as chairman looked at these facts, which are incontrovertible, the incorporation of the rebel element without either of the committee appended to the report. The should have gone out of the record to make an reconstruction or justice. Congress is right and the evidence of Governor Evans, and all the rest attack upon a Senator-elect who has no right President wrong on this issue.'

of the witnesses, will be found in the report upon this floor to reply. I speak as an act of Mr. DOOLITTLE. What is the name? precisely, I suppose, as it was taken down, and justice for one who has no right to speak for

Mr. HOWE. My colleague asks me the every one can consult that and ascertain how himself. I give voice to the dumb and voice name of the writer of this letter. I think I it was. I only wish to say that I was absent to my sense of right and of duty in rebuking have described him so well that my colleague || in New York and Boston prosecuting another such an attack as this. I can see no possible cannot be mistaken as to who he is; but I think | investigation connected with that committee reason for it. Suppose there was a personal every gentleman will see that I ought not to at the time Governor Evans's testimony was objection to one of the Senators-elect, is that repeat his name because I have no authority | taken, and therefore had no connection with || any reason why Colorado should not be adfor repeating it. I do not think he would hes. || this.

mitted as a State? Try personal objections to itate to be held responsible for every sentiment Mr. LANE, of Indiana. That is true; and if the member when the member presents himthat is there contained; but still, without hav. the Senator had waited one moment I should self; but it does not in the slightest degree ing the authority to use his name, I certainly have so stated. I make no charge of unfairness affect the right of Colorado to admission as a should not do so.

against the committee. The evidence is all re State upon this floor. I cannot see any possiSo much in reference to the State of Wis- || ported, word for word; but they misapprehended ble object in it except as a mere make-weight. consin and to the action of her Legislature; and the character of Governor Evans's testimony, The Senator from Massachusetts, it seems to being, very much to my regret, on the floor, I as the published facts will show to any candid me, too, departed from his usual courtesy and believe I ought to say a word or two about the mind. I have no doubt their report was per prudence in another thing, when he said there proposed State of Colorado. I would not allude | fectly fair. The report, however, charges Gov. were known and avowed arguments, and there to the subject only that I believe the Senator ernor Evans with prevarication as a witness, in were arguments whispered in this Chamber, from Maryland Mr. Johnson] rather insists this: the charge was that the Cheyenne Indians that these men should be admitted because that that is the pending question. [Laughter.] || were a friendly tribe; that they had been brought we needed their votes. Now, I know the Sen

Mr DOOLITTLE. My colleague will allow to Fort Lyon under the invitation of Governor ator from Massachusetts would not say that me, before he enters on that subject, simply to || Evans and the Indian Bureau to make a treaty; his fellow-Senators, all of them, or any one


of them, would be influenced by an unworthy Mr. President, when I had occasion to they are to be thrown across the pathway in partisan motive to admit a State not entitled address the Senate a few days since on this the victorious march of this grand young emto admission simply to carry partisan meas subject I gave very briefly my reasons for the pire midway between the Pacific and the dis

I know he would make no such charge. || admission of Colorado. I have not changed sissippi. We are to stop and have our hands I have done but little whispering since my those reasons. Why is that admission opposed ? tied because these seventy or eighty negroes wooing days were over, and I speak here in Because there is not enough population there. are not permitted to vote. The distinguished language heard by all present. Whatsoever I That is a mere matter of guess-work and spec. Senator from Massachusetts, as it seems to think to be right I avow it. I did say the ulation; no one knows what the population me, is still dipping buckets into empty wells, other day that I should vote for the admission amounts to, and each one comes to a different and will grow old drawing up nothing. of Colorado for this, among other reasons, conclusion. The mayor of Denver says the Mr. WILLIAMS. Mr. President, I propose that they were organized upon a thoroughly population is probably thirty-five or forty thous to say a few words upon the pending question. loyal basis ; and I shall vote in view of that || and; the Territorial Legislature thinks it is as Several objections are made to the admission very identical reason. If I thought they were much as fifty thousand; some other gentlemen of Colorado, and the chief one seems to be organized upon a disloyal basis, ļ perhaps | put it down at twenty-five thousand. Why do I that it does not contain the requisite population should not be quite so ready to admit them vote, then, to admit them with this small popu to entitle it to become a State in the Union. on this floor; neither, I am persuaded, would lation? Because even though they did not com. I have to say as to that objection, that there is the distinguished Senator from Massachusetts. ply technically with the enabling act, they did no provision of the Constitution, no law of They are organized on a loyal basis, and that, comply substantially; and granting, in the lan Congress, and no precedents in our history to my mind, is one reason why we should ad- | guage of the Senator from Massachusetts, that that require a Territory to contain any particmit them. We may need their votes ; we may that enabling act is null and void and expired ular number of inhabitants to be qualified for need the votes of loyal men; we shall need by its own terms, what had the people of Col admission into the Union Territories have their votes, doubtless, before this great con orado a right to infer from the passage of that been admitted as new States with populations troversy is over; and if they are entitled to act? That Congress was willing that they should varying from 30,000 to 200,000; and no rule, adınission on other grounds, that is surely no organize a State government; and although therefore, has been established upon the subreason, to my mind, why they should be re they did not comply with the terms of the en ject; but each application has been decided jected, simply because they have been elected | abling act, States have been admitted without upon its individual merits, and according to and their State has been organized on a loyal || any enabling act at all; and we are so far bound the circumstances under which it was made. basis. The great controversy is transferred at least by the passage of that enabling act, Florida was admitted with a population of from the field of battle to this high Chamber, that it was an invitation to them to come, an about 30,000 white people. Arkansas was and we need votes and support here as much intimation that their coming would be welcome; admitted with about the same population of as we ever did during our military campaigns. || and even though they had acted upon their own white people. Oregon, at the time of its adI believe that Colorado should be admitted. Il motion, taken their own plan and not ours, mission as a State, did not contain more than shall vote to admit her for good and substan they had a right to infer that they would be 40,000 or 50,000 inhabitants; and so froin tial reasons, and among those reasons is the welcome when they formed a State government. formation of the Government up to this time very fact that I regard her people as essen I suppose, however, the real objection is the Territories have been admitted without respect tially and intensely and thoroughly loyal. For word "white" in this constitution. I have to numbers, and the question of population has no mere partisan purpose-my purpose rises | already said I should prefer that that word were been subordinated to other questions that have higher than party-for the good of the country, not in the constitution of Colorado. I should concerned the admission of the Territory. the safety of the country, and to prolong the prefer that that word was not in the constitu To insist that Colorado, under existing cir. lifetime of the nation, I wish loyal votes to be tion of any State in the United States. But I cumstances, should be admitted as a State, is multiplied here.

will not vote to exclude Colorado simply be. not to controvert any principle established by But the distinguished Senator, in order fur cause she does not permit negro suffrage. I the founders of this Government. When the ther to disparage this pamphlet of the Senators. will not vote to exclude any of the rebel States Union was formed, the State of New York elect from Colorado, takes the ground that the simply because they do not permit negro suf contained eight or ten times the population surveyor general has said that agricultural in frage. If I believe that they are essentially contained in the State of Rhode Island ; Pennterests cannot be successfully prosecuted in right and loyal in every other respect, and if sylvania contained eight or ten times the popColorado except by irrigation, and from that he || they disfranchise their rebel voters, I would not ulation of the State of Delaware; but those argues that no great agricultural population can stand upon this qualification, because the whole small States were allowed equal suffrage in the ever exist in Colorado. Does the history of practice of the Government has been different. Senate with the large States, and their prothe world prove that? Look at the agriculture Why is it necessary to strike out the word portionate power was preserved in the House of ancient Egypt, the granary of the world, "white?" Because, we are told, it is in con of Representatives; and it is still preserved; upon which were built the great cities of Cairo, travention of that provision of the Constitution and if Colorado shall be admitted, New York Memphis, Thebes, and Alexandria, which made which says that Congress shall guaranty to will have her thirty-one Representatives in the that little peninsula the storehouse for the whole each State in the Union a republican form of lower branch of Congress while.Colorado will ancient world. Every grain raised and every government. From the foundation of the Gov have but one. vegetable sold there was the result of irriga ernment down to the present hour that inter Mr. President, I am almost persuaded that I tion. That civilization which built those won pretation of the Constitution has never for one see in these arguments that are urged against the derful pyramids, the grandest conceptions in moment obtained in Congress or in any other | admission of Colorado as a State, the shadow architecture of human genius, which have out department of the Government. Every single at least of that doctrine which has so long dis. lived the mutations of forty centuries and out Territory has been organized without question. tracted the country and has finally developed lived even the memory of their founders, was ing the right to determine the qualification of itself in a protracted and bloody civil war. Obbased upon an agriculture the result of irriga voters. Every single new State has been ad jection is made to the admission of Colorado tion. How was it with the agriculture upon the mitted with the word "white" in its constitu because it is not as large in population as the Euphrates, the original site of our civilization, 1 tion. We have recognized them as republican State of New York, or the State of Pennsylperhaps the original birthplace of the human in form for three quarters of a century. The vania, or some other States of the Union, as. family; and Babylon, wonderful Babylon, with | grand triumphs of this country in three wars, suming that there must nece

ecessarily be some her hundred gates commanding the whole East || and its grand improvement in material inter- | antagonism between the State of Colorado and for five hundred years? All the agriculture ests have all been brought out under this inter the State of New York and other States, in that supported Babylon and the nations on the || pretation of the fathers that a State might be consequence of which there is a necessity of Euphrates was the result of irrigation. The republican in form and still have the word preserving in the Senate the relative power posagriculture that built the great city of Mexico "white" in it. I look forward in the future, sessed at this time by the State of New York, and that inaugurated a civilization, under Mon and no distant future, when the force of public | the State of Pennsylvania, or the State of Mas. tezuma and his predecessors, higher in point | opinion, mightier in this land than an army sachusetts. State power, State pride, State of fact than the civilization of their Spanish || with banners, will strike the word "white" out jealousy, State rights are more than intimated conquerors, was all the result of irrigation. of every State constitution; but I do not pro. in this argument which is urged here against The agriculture that sustained and built up the pose to make this a test in the case of Colorado the admission of Colorado. Senators say in wonderful empire of the Incas, which resulted when it has never been made a test in the case effect, will not the admission of Colorado, in those grand temples dedicated to the wor: of any other State or Territory.

allowing her to have two. Senators upon this ship of the sun at which scholars yet wonder, I have no fancy for dipping buckets into | floor, impair the State power of the State of was all the result of irrigation. Nor has that empty wells and growing old drawing up noth New York? I have not heard the Senators experiment failed here. The one hundred thou- || ing. I believe in a more practical statesman from that State make the suggestion, but for sand people residing in the valley of the Salt ship than that. Here you have a people of vast that State it is suggested that she would be Lake owe their daily bread to irrigation alone. wealth and untold mining interests knocking wronged if Colorado with her population should Then supposing that irrigation may be neces. at your doors for adınission, with a full-framed be admitted as a State into the Union. No sary to develop the agricultural interests of constitution and legally elected officers, claim. || doubt that the local interests of Colorado may Colorado, that is no reason why that cultiva- || ing representation upon this floor, and repre need the immediate and exclusive attention of tion should not be most eminently successful. senting from thirty to fifty thousand people, the Senators who may represent her upon this

I shall not refer to the “grasshopper argu and among that number there are, as I am floor; but I undertake to say that in ninetyment, because my distinguished friend from told, some seventy or eighty negroes, all told; nine cases out of a hundred of general icgisNevada (Mr. Nye) has, I think, sufficiently and because the negroes are not allowed to lation, tending to the prosperity, greatness, exhausted that subject. '[Laughter.]

vote, they are not to be permitted to enter, and I and glory of this nation, Colorado wouid have

the same interest as the State of New York; gress; we have no voice as to who shall be the

and after a long discussion and due deliberaarid there is therefore no necessary conflict or Chief Magistrate of the nation; we do not en tion, the Congress of the United States, at that antagonism between the two States.

joy the rights and privileges of American citi. time overwhelmingly Republican, determined Sir, look at this subject in another point of | zenship under this territorial organization; and that the act organizing the Territory of Monview. Take that vast territory lying west of we ask Congress to consent to a change, so tana should exclude blacks from the right of * Iowa, of Arkansas, of Kansas, stretching from that we may resume those rights and privileges suffrage. In 1864 the Congress of the United

Mexico to British America, a distance of more of which we have been deprived by living un States decided that the organic act of a Territhan two thousand miles, spreading westward der a territorial government;'' and the honor tory should exclude black men from the right to the Pacific ocean, boundless and inexhaust able Senator meets these twenty-five or thirty of suffrage; and can Congress now, with any ible in all the elements and resources of na thousand white people of that couutry with the consistency, turn around and condemn the tional power and greatness and glory; that vast || objection that they shall not have these rights people of Colorado because they, about the domain, with all its great future, at this time and privileges because they have seen proper same time, decided in the same way? Had has only six Senators in Congress and five by their constitution to exclude a few dozen of they not good reason to suppose that this decisRepresentatives. And now, when it is pro blacks from the right of suffrage!

ion, under the precedents and under the cirposed to admit two more Senators and another Now, sir, when a proposition was before the cumstances, would be entirely acceptable to Representative from that vast region, a great

Senate of the United States to organize the Congress? outcry is made as though it was an effort to Territory of Idaho, I remember that the hon I would prefer this constitution if it did not introduce into the councils of the nation some orable chairman of the Committee on Terri. exclude any class of persons from the right of dangerous and foreign element of power. tories, in discussing that question, said it was suffrage; but it does not follow that they will

Mr. President, who are these people in Col a matter of very little consequence as to whether be perpetually excluded if we adopt this conorado that are asking for admission as a State? the organic act did.or did not exclude black stitution. I cannot concur in what the honor. Are they strangers, aliens, foreigners? Are || persons from the right of suffrage, because able Senator from Wisconsin (Mr. DOOLITTLE] they not our own acquaintances, our relatives, || there were no black persons there upon whom has said, that the time will never come when our friends? Did they not go out from the such a provision could take effect, and it was, the States will adopt negro suffrage. I believe homes of New England and the middle States, ll therefore, a mere abstraction; and it is so sub that the day is not far distant when the Consticarrying with them an undying attachment to stantially in reference to Colorado.

It is more tution of the United States will be so changed the places of their nativity, to make new homes of an abstraction than anything else, and the as to entitle men of all classes, without disin this distant Territory? Are not these the honorable Senator from Massachusetts persists tinction of race or color, to enjoy the elective persons who are asking for recognition here as in this objection more to advocate a certain franchise. å State? What good reason can be given, I theory than to produce any practical results. Mr. JOHNSON. The Senator from Wis. ask, if these people are willing to assume the If Congress is bound upon this occasion to consin did not say, as I understood him, that burdens and responsibilities of a State, why determine whether the thirty thousand white the States never would agree to it. He only they should not be permitted to do so? I ask people of the State of Colorado shall have the said they would not agree that Congress should if the agricultural interests of the State of Ohio || right of suffrage, or whether seventy-five or one pass a provision on the subject. will be prejudiced by the admission of Colorado hundred black men shall have that right-and Mr. WILLIAMS. I understood the honoras a State? Will the manufacturing interests that is the question presented-I ask if it is not able Senator from Wisconsin to say that they of the State of Massachusetts be prejudiced by wise and just on our part to extend to these would never sanction a proposed amendment : the admission of Colorado? Will the commer thousands of white men the right of suffrage to the Constitution of the United States extendcial interests of New York be prejudiced by the and their privileges as American citizens rather ing the right of suffrage to black persons. He adoption of this bill? Are not the people of than to deny them those rights and privileges may be right in that opinion; I may be in error; that Territory as patriotic as any other people? || for the supposed necessity of providing similar but I have misjudged the signs of the times if Will they not coöperate with us in building up || rights and privileges for a handful of black the day is not approaching when all distincthe national power? Is there anything in the || people.

tions as to classes will be abolisherl, so far as circumstances or population of that Territory Sir, the honorable Senator from Massachu the elective franchise and civil rights are conthat should make the Senators from New York setts, I remember, delivered an elaborate and cerned, in this country. The States are more afraid to associate here with the Senators from an eloquent speech here, not many days ago, in ing in this matter as States; and it is not to be Colorado?

which he proclaimed in learned words and thun supposed that the public opinion which will Can any Senator show any way in which any dering sound the dootrine that taxation with produce such a change in any of the eastern or prejudice will be worked to any portion of the out representation was tyranny. The twenty. northern or middle States will not reach across United States by the admission of Colorado as five or thirty thousand white people of the the mountains and the plains to Colorado and a State? The interests of this Territory will Territory of Colorado are taxed like the citi there produce the same effect. If this constibe promoted by this change, as the people be zens of Massachusetts, and they have paid within tution shall be accepted and this State admitted, lieve, and as I have no doubt; and when any the last year more income tax and more reve it may be, as predicted by the honorable Sen: step is taken to promote the interests of Colo nue tax than some of the States of this Union; ator from Nevada, (Mr. Nye,] that within a rado or any other one of these western States and yet those people have no representation year, or perhaps some longer but not remote or Territories, it is a step which promotes the

whatever in the Government which imposes period of time, this constitution may be so interests of all the States and all the Terri these taxes. I take up what the honorable Sen amended as to allow all men the right of suftories, for their interests are identical; they ator then said; I apply it to this case; I answer frage. are bound up together in the same common his argument with it, and I say that taxation The honorable Senator from Massachusetts desting, and equally concerned in everything without representation is tyranny.

said in effect, if I did not misunderstand him, that relates to the welfare of our common coun I suggest to the honorable Senator that he that no man could consistently favor the admistry.

ought not to be severe upon the people of sion of Colorado as a State under this constiObjection is made by the honorable Senator | Colorado because they adopted a constitution tution and at the same time insist that negro from Massachusetts [Mr. SUMNER] to the ad in this form, for I will remind him that on suffrage should be required of the States lately mission of Colorado because the people have the 3d of March, 1863, he voted, without ques. in rebellion. I think there is a vast difference not formed a State constitution in conformity |tion or objection, to organize the Territory of between the two cases. If negro suffrage be with his wishes. I suppose that the theory Idaho with an exclusion of black people there required of the States lately in rebellion, it which has been recognized, and will now be from the right of suffrage. I do not advert to must be upon two grounds: first, because the recognized, is, that the people of a Territory this circumstance to show the inconsistency of black people of those States constitute a large have a right to make their own constitution. the honorable Senator, for I acknowledge that proportion of the population; they are largely If the doctrine which is advocated by the hon the opinions of men everywhere have under interested in all State matters and State quesorable Senator from Massachusetts be the cor gone great changes on this subject, but I do it tions, and there is such a deep-rooted prejurect doctrine, then it is unnecessary to pass any simply to show that he ought not to be too dice against them that suffrage becomes necesenabling act, but the most direct way would harsh upon the people of Colorado because sary for them as a protection for their lives, be for Congress to make a constitution, sub- || they thought in 1865 just as he thought in 1863. liberty, and property; and again upon the mit it to the people, and say to them, "Take | They live in a distant Territory; they, live ground that these black men have everywhere this or take nothing." The argument is, that under the shadows of great mountains; they been unchangeably loyal to the Government this constitution does not correspond with the have no immediate communication with the during the late struggle, and by extending to wishes of members of Congress, and therefore States of the Atlantic slope, and it cannot be them the right of suffrage we enable the loyal ought not to be accepted.

expected that they would change their opinions sentiment of that country to predominate over Objection is made by the honorable Senator as suddenly as the honorable Senator may, the rebel and disorganizing sentiment, and in from Massachusetts that this constitution ex who lives in the full blaze of the intellectual that way secure the perpetuity,

the peace, and cludes black persons from the right of suf day that fills the State of Massachusetts. the integrity of the nation. These are two frage; but I desire to call the attention of that Moreover, I say that the people of Colorado good and valid reasons, if it be necessary to honorable Senator to the effect of his argu. ought not to be censured because they put this discuss that question at this time, that might ment and his position. Here are twenty-five or || provision in their constitution; for, at the same exist for requiring negro suffrage in the lately thirty thousand white American citizens of the || session at which their enabling act was passed, rebellious States which do not exist so far as United States living in the Territory of Colo and about the same time, the question arose the Territory of Colorado is concerned; for rado; they come to Congress and say, “We || in Congress as to whether or not the act organ there there is but a handful of negroes, a few have no choice in the selection of the men who | izing the Territory of Montana should or should dozen ; and there is no feeling or prejudice, govern us; we have no representation in Con. not exclude blacks from the right of suffrage, ll I imagine, in that Territory that would greatly



endanger the substantial rights and privileges me justice and good policy dictate the consent when the enabling act was passed in regard to of the colored people.

of Congress, for by the multiplication of new population. When the enabling act was before Now, sir, I have this to say on the question States we add to the greatness and power of the Senate the distinguished Senator from Verof population : admitting that the population the nation.

mont, now dead, (Mr. Collamer,) asked this at this time is not sufficient in the estimation Mr. President, I claim that there is enough | question : of honorable Senators, I claim that upon all before us to justify and require Congress at this “I wish to inquire of the chairman of the Commitprinciples of good faith Congress is estopped time to admit Colorado as a State. I hope, tee on Territories whether he has any information as at this time from controverting that question. therefore, that the vote rejecting the bill will

to the extent of the population of this Territory?Whatever legal or technical questions may be be reconsidered, and that we shall soon have What reply was made? I read: made upon the enabling act, I say that Čon an opportunity to see another State added to "Mr. Wade. Nothing that I can rely upon with a gress then deliberately decided that the popu the American Union.

very great deal of confidence. I have taken somo lation of that Territory was sufficient to jnstify

Mr. HENDRICKS. Mr. President, if the

pains to ascertain the facts from the Delegate in the

other House, and from Mr. Edmunds, of the Land it in becoming a State. So far as that question question whether Colorado should be admitted Ofico, who has some information on that subject. I of fact is concerned, it was then decided. as a State depended upon the height of her

understand there must be now about 60,000 inhab

itants in Colorado; some think a great deal more Mr. McDOUGALL. I should like to ask the mountains, the richness of her valleys, and than that. That is the smallest number I find intiSenator from Oregon how we can be estopped the productiveness of her placers, I would admit mated by those who profess to know anything about on this question. I know that is a term in the that the Senator from Nevada [Mr. Nye) has

it. It is a Territory which is filling up very rapidly.

Judge Edmunds tells me that he has not the least common law in some of the courts, and there the force of the argument; but if it is to be doubt in the world that before they finish their is a law of estoppel; but it cannot apply to this decided upon the question whether first the arrangements and become a State there will be suffiproceedir organizing the State government

cient population there for a Representative in Con

gress according to the ratio of representation fixed Mr. WILLIAMS. I do not plead any legal have been regular

or in conformity to law, and by the last census. That is about the information I estoppel upon Congress. I acknowledge that whether, in the second place, there is such a Congress has the physical and legal power to population there as entitles them to admission, That was the response of the chairman of change its opinion, but I say that Congress did I think there was not that weight in the Sena the Committee on Territories to a question decide at that time that Colorado had a popu. tor's argument that we had a right to expect. propounded to him when the enabling act lation sufficient to entitle her to become a State, The first question that naturally presents was before this body, expressing the opinion and when that decision was made, the people itself for our consideration is, whether Con that at that time there were 60,000 people of Colorado, acting in good faith, proceeded to gress is now bound by the act which we passed || in the Territory, and that the Territory was form a State government.

in March, 1864, providing for the organization | rapidly filling up and would soon have a popMr. McDOUGALL. I will ask the Senator, of a State government. I am not able to see ulation entitling her to a Representative in did that conclude us?

that, as the Senator from Oregon says, we are the other House. The Senate unquestionably Mr. WILLIAMS. I think, in good morals in morals and in good faith bound by the action acted upon that information. Was the chairand in good faith, it did conclude us. I think of Congress at that time. What did Congress man misled in regard to it? I think to-day when Congress has said to the people of a Ter do? Congress provided that the people at a he will admit that he was; that his statement ritory, “You may go forward and form a State time specified might eleet delegates, that those to the Senate, upon which the Senate acted, government, and when that State government delegates should convene and organize into a was not reliable. He relied upon information is made we will allow you to become a State convention, and being thus organized, should that he received from the Delegate and from in the Union,' and the people, upon thestrength frame a constitution for the people of that Ter another party that he mentions, and that inforof that promise, proceeded to organize a State | ritory, and that that constitution thus made mation now proves not to have been reliable. government and apply for admission and are should be submitted to the people for their What have we now before us that is reliable? rejected, they have a right to complain that approval or rejection. Such an election was In the first place, we have the census that they have been disappointed and not fairly held; the convention met; a constitution was was taken in 1861. At that time the populatreated by Congress.


it was submitted to the people, and tion of the Territory was 25,329; and upon It is said that this enabling act is functus by a large vote, three to one, they rejected it. that population the Territory at the first elecofficio, because the elections were not held in Now, I ask, was it competent for the people of tion thereafter was enabled to give a vote of conformity with its provisions; but, sir, that is Colorado to proceed further under the act of 10,580. With a population of 25,000 a vote sticking in the bark. What difference does it Congress? Could the people take another of 10,000 was cast. What does the vote since make to Congress whether the election in Col. step under the act of Congress? They rejected that time indicate ? It shows the fact that at orado was held in June or August or Septem- | the constitution that was formed pursuant to every election from that time to this the popu. ber? What difference does it make when or the act of Congress.

lation of Colorado has been decreasing instead where or how a convention was held, so long Then, sir, what is the nature of the proceed. || of increasing, until when the vote was taken as a constitution was formed and submitted to ing which we are now called upon to indorse? upon the constitution that is now before us the people, and they adopted it, and upon that If the Territorial Legislature of Colorado had in September, 1865, the aggregate vote was constitution ask for admission? The only legit. || provided for the calling of another convention, 5,895. Less than 6,000 votes were cast when imate objection which Congress can make at I would have given that legislative proceeding it is claimed this constitution was adopted or any time is that the populatiou is not sufficient; I great respect and weight; but the Legislature ratified by the people. It is claimed by the I say Congress has made a decision which did no such thing. In no authoritative and Senator from Nevada that a vote is not a very ought to conclude its action upon that question. legal manner was the will of the people ex: satisfactory indication of the population. The

Mr. President, I have helped to make two pressed upon that subject; but the chairmen of vote in 1861, perhaps, did not very clearly indiTerritories into States, and it is in vain for the three political parties there, of the Dem cate the population. What were the people any man to tell me that a Territory is in as ocratic party, the Anti-Slavery party, and the voting on then? Upon the election of a Delgood a condition as a State. It is as unreason Union Central Committee, not authorized even egate, the trifling matter of selecting one man able to expect that a Territory should have the | by a convention of their respective parties, but for an office instead of another man. In 1865 same power, the same strength, and the same upon their own motion, called a convention. they came to cast their votes upon the most resources as a State, as it would be to expect That convention was held, and they adopted a interesting and exciting question that can ever of a child the strength of a man, or to expect constitution irregular in every respect, not hav be presented to any free people, the question that a community ten, twenty, or twenty-five | ing the stamp of legal authority in any respect whether they shall adopt a State government years of age should have all the power and whatever. The convention was held; a con and what sort of a State government they shall resources of a community that has been grow. stitution was adopted by that convention and adopt ; and upon that question, that is calcuing and improving for two hundred years. submitted to the people; and what was the lated to call out the last voter of the Territory This Territory, according to my understanding, vote? A vote giving a majority of but 155 in they take any interest in their great queshas a people who are willing to undertake the favor of the constitution thus so irregularly tions at all, they could command less than burdens and responsibilities of a State govern- | adopted. I ask Senators if there be anything 6,000 voters. ment. They believe that a State organization in this proceeding that binds the conscience of Mr. STEWART. Is the Senator aware that will promote their interests. They are the Congress. The constitution adopted pursuant | immediately after that, in the fall of 1865, in proper persons to decide upon that question ; to the act of Congress stands to-day rejected the election of State officers, 7,000 votes were and it seems to me that when they ask to by the people; and a constitution formed upon cast? become a State, instead of meeting them with the motion of the chairmen of the political Mr. HENDRICKS. Yes, sir, I am aware of distrust and hostility, it is our true policy to parties of the Territory stands indorsed but by that fact. take them by the hand, and say to them, the small majority of 155. Then, sir, I give no Now, sir, assuming that a population of

Come up higher and go with us, and we will weight or authority whatever to the proceeding | 25,000 in 1861 could give a vote of 10,000, then do you good."

by which this constitution was adopted. what population does a vote of 6,000 in 1865 Sir, territorial organizations only result from That bring us to the next question, which I indicate? Just 15,000. On the same ratio, necessity, and are incompatible with the spirit consider the important one in this discussion ; upon a more interesting question, instead of ard genius of our Government; for under them and that is, has the Territory of Colorado such | having 25,000, according to the vote in 1865 American citizens are ruled by a Government a population as entitles it to admission ? Upon the Territory has a population of but 15,000, in the making of which they have no voice. the other subject, the weight that should be if we make an estimate upon the vote that was They are in a state of colonial dependence and given to the proceeding under the act of Con cast upon this constitution. Then I subjection; and whenever the people in such a gress, and also upon the question of popula- || that the Territory at the time of the adoption Territory are competent to maintain a State tion, I call the attention of the Senate to the of this constitution had a population of less government, and desire so to do, it seems to only information that was before this body Il than 20,000. I have a right to assume that it


« PreviousContinue »