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it that measure, however, will meet with no
ing of passports to any other than citizens of the
measure, or whose votes are asked for it, voted First, we do not propose to do what was done United States, shall be, and is hereby, repealed so
for this proposition in another shape, in the at the close of the Revolution, to disfranchise far as its prohibition inay embrace any class of persons liable to military duty by the laws of the Uni- civil rights bill, shows that it will meet the throughout all time to come the active and ted States.'
favor of the House. It may be asked, why' willing participants in the mischief, but only I move the previous question on the bill.
should we put a provision in the Constitution until the year 1870, only for the next four years. The previous question was seconded and the
which is already contained in an act of Con- || Again, we do not propose to deprive all the main question ordered.
gress? The gentleman from Ohio [Mr. Bing- voters of the South of the privilege of voting, The bill was ordered to be engrossed and HAM] may answer this question. He says the but only the willing aiders and abettors. read a third time; and being engrossed, it was
act is unconstitutional. Now, I have the high- Look at the words of the proposition: accordingly read the third time and passed.
est respect for his opinions as a lawyer, and All persons who voluntarily adhered to the late Mr. WILSON, of Iowa, moved to reconsider
for his integrity as a man, and while I differ insurrection, giving it aid and coinfort. the vote by which the bill was passed; and also
from him upon the law, yet it is not with that Now, who are they, and how many are there moved that the motion to reconsider be laid
certainty of being right that would justify me of that class? This is an important inquiry. upon the table.
in refusing to place the power to cnact the law It has been said broadly, with the air of sinThe latter motion was agreed to.
unmistakably in the Constitution. On so vital | cerity, and as if it were susceptible of being
a point I wish to make assurance doubly sure. demonstrated, that these people number nine RECONSTRUCTION.
I know that the unrepentant Democracy of tenths of all the voters of the South. This is Mr. SPALDING demanded the regular order this body voted against the civil rights bill a grand mistake. The white population of tlie of business.
upon the allegation that it was unconstitu- eleven States not now represented in the Gov. House accordingly
consid- tional. And I rather expect to see them ex- ernment was in 1860 five million six hundred eration of the joint resolution (H. R. No. 127) hibit their usual consistency by voting against || thousand in round numbers. Counting the proposing an amendment to the Constitution || making it constitutional upon the ground that voters as one fifth-and that is about the ordiof the United States, reported from the joint it is so already.
nary ratio of voters to population-we have committee on reconstruction.
one million one hundred and twenty thousand The motion to recommit the joint resolution | opposition from those on whom the country voters in those eleven States. Do we propose had been made by Mr. STEVENS.
depends for its safety, because if it is not to disfranchise all these? Do we propose to The pending question was upon the motion necessary it is at least harmless. If we are disfranchise nine tenths of them, as has been of Mr. GARFIELD to amend the motion to re- already safe with the civil rights bill, it will do said here? By no means. commit by adding instructions to the commit- no harm to become the more effectually so, According to the best estimates that can be tee to report the proposed amendment to the and to prevent a mere majority from repealing made upon the subject-and all are mere estiConstitution with the third section stricken out. the law and thus thwarting the will of the loyal || mates, for we are without the means of obtainUpon this question Mr. Smith was entitled | people.
ing accurate information—there were altgether to the floor for one minute; but he was not The second proposition is, in short, to limit in the southern army about cight hundred thonpresent.
the representation of the several States as those sand men. How many of them were negroes Mr. BROOMALL. Mr. Speaker, it was to States themselves shall limit suffrage. That I do not know, I know that the southern Dembe expected that the measure now before the measure has already received the sanction of ocrats at first entertained the notion of their House would meet the opposition and denun- all who can possibly be expected to vote for northern friends, that the negro would not do ciation of the unrepentant thirty-three of this the proposition now before the House ; be. for a soldier, but after several years of conbody. The gentlemen who have voted on all cause the joint resolution which passed this scription and draft, both wings of the party occasions upon the rebel side of all questions body by more than two thirds, and was defeated began to think he would. Toward the close that have been before the country for six years in the Senate, proposed to submit a similar of the rebellion the South commenced to muscould hardly be expected to change their posi- || change in the Constitution to the States for ter the negro into the service. Suppose there tion at this time.
ratification. There is, therefore, little neces- were fifty thousand of them-it is true that is Mr. ROSS. Will the gentleman allow me sity for argument upon this point.
but a guess, there may have been twice as to ask him a question?
But I will ask, why should not the repre- many or half as many—this would leave seren Mr. BROOMALL. Allow me at once to sentation of the States be limited as the States || hundred and fifty thousand white men actually say that I have but thirty minutes, and will not themselves limit suffrage? It is said that this || participating in the rebellion in the field. yield any of my time to anybody.
is intended to prevent the southern States from Now, let us bear in mind that the masses of I say, Mr. Speaker, that it was not to be having the representation now based upon their the people in the South rendered aid and comexpected that those gentlemen would change black and non-voting population. The terms fort to the rebellion only in the field. The their front upon short notice at this late day. of the proposed measure do not so limit it. great leaders of the Democracy rendered, it is But it is useless to waste arguments upon them But I will admit that mainly it will operate true, aid and comfort in various other ways. in favor of this measure.
only on that population, and in the South. And But they constituted the few. I speak of the It was also to be expected that the six John- why not? If the negroes of the South are not masses of the people only; and I repeat that sonian new converts to Democracy would also to be counted as a political element in the gov- they rendered aid and comfort, within the oppose and vote against this measure; com- ernment of the South in the States, why should meaning of this provision, in the field only. mencing with the gentleman from New York, they be counted as a political element in the We may therefore take seven hundred and fifty [Mr. RAYMOND, ] who, I believe, has the disease government of the country in the Union? If thousand as the number of the individuals in in the most virulent form, thence down to the they are not to be counted as against the south- the South who rendered aid and comfort to the gentleman from Kentucky, [Mr. Smith,] who ern people themselves, why should they be enemy, not counting (because the number is preceded me on this question, and who has the counted as against us? The fact is, the negro so inconsiderable) the comparatively few though mildest and most amiable type of the infection. of the South does vote, or rather he has his powerful leaders who rendered aid and comfort Upon them, too, arguments are useless. vote cast for him. He is voted by his white | outside of the army.
There must then be thirty-nine votes against and hardly more loyal neighbor-I would say But, sir, we do not propose to disfranchise the measure, and I want there to be no more. brother only that I might be suspected of hav- even these seven hundred and fifty thousand. I want every member of this House outside of || ing some sly reference to the Democratic bleach- Some of them were killed ; how many we do those thirty-nine to vote for it heartily and earn- ing process which so confuses southern geneal- not know, We do know that our own dead estly. I want every man to come to the con- ogies.
numbered nearly three hundred thousand ; and clusion to which I have come, to vote, if not If the blacks were permitted to vote instead we have every reason to believe the confederacy for that which he wants, for the best that he of being voted, according to the doctrine of suffered to the same extent that we did in that can get; to vote for the report of the commit- chances they would vote right half the times matter. Supposing two hundred and fifty thoutee if he can get it, just as he would have voted || by mere guessing, be they ever so ignorant; sand of the rebel army were lost, we have five for something better; and if he cannot get the and this is greatly more than can be said of hundred thousand actual voters in the South measure reported, then to vote for the next their white neighbors for the last half dozen to be disfranchised by this measure if they best.
years. I will not say that this is more than come within the meaning of it. But do they It is not what I wanted. How far short of can be said of the northern friends of those come within the meaning of this provision? it! But the necessity is urgent, and we must neighbors for the same period; but I will not Why, sir, it does not embrace the unwilling take what will obtain the votes of two thirds risk my reputation for veracity by denying the conscripts ; it does not embrace the men who of both Houses of Congress, and the ratifica- || proposition.
were compelled to serve in the army. How tion of three fourths of the actual States of The next proposition proposes to disfran- many were there of these? I do not know; this Union, those entitled to a voice upon the chise until 1870 a certain portion of the south- but I do know that after the first few months question.
ern people. Now, I am sorry to see that oppo- in the war of the rebellion the southern people Now, what is this that is submitted for our sition to this feature of the measure comes from refused to volunteer, and were required to be action? I will consider the several proposi- this side of the House. I regretted very much forced into the arıny. How many were there tions briefly ; I am only sorry that I am lim- yesterday to hear the gentleinan from Ohio of these so forced? If I were allowed to guess, ited to so short a space of time.
[ Mr. GARFIELD] and the gentleman from Maine I would say very nearly all. At least it would pose, first, to give power to the Government | Mr. BLAINE] oppose this feature of the joint be fair to say three hundred thousand of these of the United States to protect its own citizens resolution. I am sure they have not well con- people belonged to the unwilling class who within the States, within its own jurisdiction. | sidered it. Let us see who it is we propose were forced into the army by rigid conscription Who will deny the necessity of this? No one. to deprive of suffrage until 1870, and to what laws and the various contrivances of the leadThe fact that all who will vote for the pending ll extent.
ing rebels. This will leave two hundred thou.
Yet we pro
and I say now it is utterly impossible, portion of this debt held by southern Demo- been the penalty allotted to treason, to rebel. in my opinion, that the number of people in cratic leaders; and it is to guard against the lion that fails to inake itself revolution? Death, the South who can be operated upon by this || paying of this that the great necessity exists banishment, confiscation. Look at England provision should exceed two hundred thou- for putting this provision into the Constitution. in the Indies and in Jamaica! sand, if, indeed, it should reach the one half It may be that the punishment of our country pose not even punishment, not even the en: of that number. Is this nine tenths of the for its national sins is not yet complete. It may forcement of existing laws. voters of the South? Why, it is about one in be that in the future an inscrutable Providence These people have murdered two hundred every twelve.
intends, for our full punishment, to restore to and ninety thousand of our fellow-citizens. I am just reminded by my colleague [Mr. | power for a time the Democratic party. What The man Probst, who in Philadelphia has been WILLIAMS] that the report of the committee would be the result then? We know what tried and sentenced to be hanged for murder, shows us that these eleven States furnished would be the result. I want to put it out of
killed eight persons.
That poor, miserable, forty-two thousand soldiers to the Union Army. the power of the Government to pay the rebel petty scoundrel only killed eight; these people I suppose no one on this side the House will
debt, that our friends on the other side of the have killed two hundred and ninety thousand. pretend that the pending measure will disfran- House may not at some time be tempted by | He is to be hanged, and Alexander H. Stechise them, whatever may be the desire on the their old habit of obedience to the southern phens, who was one of the main supporters of other side. These men can take the “test task-master. These men who have voted upon the rebellion, is to be allowed a seat in the oath.” Why can they not fill Federal offices that side of all questions can hardly be expected Senate of the United States. What a mockin the South?
to withhold their votes when their possible ery of human justice! It is looked upon, Mr. Speaker, as a mon- future leaders shall demand that the rebel debt Sir, the time will come when the poor, ignostrous piece of tyranny that we should ask one be paid as far as they are concerned. The rant Dutchman who committed his petty crime out of twelve of the voters to stand aside for only way to guard against that effectually is to will be brought to the same bar with Vice Presfour years, to take a back seat, in the classic put the provision itself in the Constitution pro- ident Stephens who aided in the murder of so language of the White House, as a part expia hibiting any portion thereof from ever being many of the good and the true men of our tion-if the word is not itself a mockery used | paid.
country, and these things will all be made even. in that connection-in part expiation of so The latter branch of the fourth section pro- There is a necessity for a future world that the enormous a crime. Let it be understood that hibits the giving of compensation for slaves. immense inequalities of the present one may we do not propose to disfranchise these people || Now, a prominent Democratic member of this be rectified. for State purposes. They are allowed their | House, whose name I will not mention with- Let it offend no Democratic sensibilities that own local government, if the people of the out his consent, yesterday told me that when I should contrast Probst and Stephens, the States will permit them to vote. They will the Democratic party-he did not say " if," || murderous Dutchman and the murderous cononly not be allowed to control this Govern- but “when," and he did not even blush to say spirator. If there is any one man in the South ment, and they ought not to be allowed to con- it-when the Democratic party came to be || peculiarly responsible to the widows and the trol it. So far as we are concerned, we give restored to power it would demand payment | orphans of those whose bones lie upon souththem local government to the fullest extent to for emancipated slaves or the repudiation of ern battle-fields or are worn as ornaments about which we have it ourselves. It is known to our national debt, and I confess I believed the necks of high-born Democratic ladies, that every gentleman in this Hall that by far the bim.
man is Alexander H. Stephens. · He sioned largest portion of the business of government Can any man doubt what the position of the | against light and knowledge. He was the great is done in the States. With respect to this Democratic members of this body will be with champion of the Union in the South. When largest portion, we leave it to these States to fifty-eight added to their number from the rebel | he was bribed by the love of office into crime, grant or refuse suffrage, without regard to the States-fifty-eight Representatives of those what wonder that the great masses of the South condition, the opinions, or the crimes of those whom they have for years obeyed and who followed bim? claiming it. So much for that. will demand this of them?
Why, even Probst was the pupil of Stephens. Now, I know we have it from high authority Mr. LE BLOND. Mr. Speaker, I demand Probst was a soldier, serving by accident on the that in all the southern country there are not the name.
right side. Stephens made his school, inauguenough of men who can take the oath pre- The SPEAKER. The gentleman declines |-rated the war. Sir, read, if you can read, the scribed by the law to hold the Federal offices. to be interrupted.
miserable man's confession, and then ask yourI know that is asserted, but I have no belief in Mr. BROOMALL.. If any man hesitates to self whether those horrible details could have it whatever. I ain satisfied that it is not true. believe with me, let him look over the files of been gone through by any one who had not I do not know why that assertion has been so the Congressional Globe for the last four years, learned the art of human butchery in the school boldly made unless for the purpose of enabling | and then if he is not convinced I will concede
of war. the Democrats of this body and the new con- that he is beyond the reach of conviction. Both these men "accept the situation ;', verts to obtain a repeal of the test oath,'' They say that we offered in 1861 to pay for both acknowledge that they have been defeated and thereby to give seats in Congress to some these slaves. So we did, and if the offer had in a war upon society; but Stephens appears of their southern political friends. I do not been accepted we would have gained largely by || before a committee of Congress and actually know why otherwise that notion was started, it. The cost of the war, counted only in dollars, claims rights, like the Pharisee in the temple; but that it is not true any reflecting man who would have largely paid for all the slaves. But while poor Probst can only say, “Lord have will read the history of the last five years must the offer was not accepted, and it will never be mercy upon me a sinner.":
We know what the truth is. It is this: renewed with the consent of the loyal people. Probably my Democratic friends may not the manner in which the present Administra- Let our political opponents call the dead to life,
like the comparison. Neither do I. I will tion has punished treason has made it not let them restore to their homes three hundred not put the ignorant upon a level with the odious, but indeed the only popular institution thousand murdered American citizens, and then learned in responsibility. I will not apply the of the South, so that if a man can take the let them pay the debt which we contracted in same rule to tlie private soldier and to the oath he is afraid to let his neighbors know it. || putting down their rebellion, and we will renew statesman. I will not compare the murderer Treason has been made popular in the South, our offer. We will then pay for their slaves of only eight with the murderer of two hunand loyalty odious. A man who has always and gain largely by the transaction.
dred and ninety thousand. Yet Probst is to been loyal is compelled by public opinion, Mr. Speaker, this measure has been spoken be hanged, while the President of the United forced upon and encouraged in the South by of as the punishment to be imposed upon the
States and the Democratic members of Conthe Administration, compelled, I say, to deny | South. Why, is this all that is proposed to be gress are at this moment asking exactly such his loyalty, and to simulate treason. Where inflicted upon men who have been guilty of à modification of the test oath" as will allow are the forty-two thousand southern Union crimes so monstrous? Is there to be no fur- Stephens a seat in the United States Senate! soldiers?
ther punishment than this? Is treason not to Oh, what a mockery of justice in this! Break The third of these propositions is to prevent | be rendered odious? In fact, this is not a pun. down your prison doors. Repeal your crimithe payment of the rebel debt by the United ishment at all. These people have now no nal codes. "Let it not be said that in enlight. States or any of the rebel States, and to pre- || rights. They are the conquered, we the con. ened America we only punish the poor, the vent compensation from ever being made for querors; and the conquered, as everybody || ignorant, and the degraded ! slaves. Is there anybody here who has any | knows, must look to the conquerors for their To bolster up the pet theory of restoration objection to that? The former measure has future political and civil position. We pro- founded on rebel rights, it is now denied that received the sanction of the House heretofore pose to grant rights, we propose to give favors, we have ever been at war. War supposes conby the requisite two-thirds vote, and might be but we propose to leave out one in every twelve quest as one obvious mode of termination, and passed by as a thing settled upon. Is there for four years in thus giving the favors. It is conquest extinguishes political rights. This any reason why we should guard against the not as punishment, it is as a means of future would not suit the purposes of those who think payment of the rebel debt? It is strange that security, that this provision is asked to be in- the South was right in her demands, but only there should be necessity for it; but that there corporated in the Constitution. We have blundered in the means employed to obtain is such necessity no one here can doubt. A beaten the enemy in the field. He is at our them. Hence there has been no war, whatever large portion of this debt is held abroad. The mercy. In a spirit of unparalleled magnanim- the soldiers and the bereaved ones may think foreign allies of the Democratic rebellion con- ity, ve propose to restore the status ante bellum to the contrary. tributed their money to aid the party here; and as far as is consistent with our future safety. The President of the United States, in his if the Government of the United States does Why, there never were such terms as these recent peace proclamation, has given us from not provide irrevocably that they shall lose the offered to any vanquished people by the vic- a Democratic stand-point the military history investment, it will be false to every duty it owes tors. Look through all history and find its of the country for the last five years. He says to its citizens. But there is a considerable ll parallel. In every other country what has li that in 1861 certain persons in certain States
conspired together to prevent the execution of submitted to this House for its consideration come, our armies triumphed. These people the laws; that the Government resolved to put comes to us clothed with all the power and who asserted this right of secession surrendered down the conspiracy, not in the spirit of con- the commanding influence of a committee of it; they said they would give up the contest. quest, but in that of self-preservation, and that the two Houses of Congress, selected, as charity | They laid dowri their arms and dispersed; and the insurrection has now been suppressed; and compels us to suppose, on account of their ex- they then expected to come back into the room this is all. This is the official report of the high perience, their wisdom, their justice, and their and to assume the places which they had occuExecutive to his grand constituency.
patriotism; and that which has been submitted || pied before. But they are met at the threshold From the cold official statement, who that to us is the work of five long and tedious months, with, “No, no; you are aliens and foreigners, did not feel and know these eventful years could and represents the views, sentiments, and prin- | and you cannot come into this Government imagine what scenes of human sorrow are em- ciples of at least the majority of the House, or unless upon such terms as we may propose to braced within the unwritten history of that the party from which they were selected. period? There was an insurrection, and it has I therefore approach this subject with no You went to war to sustain the Constitution been suppressed. Has sated ambition forgotten ordinary degree of embarrassment and hesi- of the United States and to enforce all the the immense cost to the country of the process tancy; but my own convictions of truth and provisions of that Constitution. We triumphed, by which it became what it is? Why, in this justice, of right and of duty, must control my and then we turn around and say that all their brief history there are hundreds of thousands action, and I am ready to take whatever re- constitutional rights have been lost. We say of treasons unpunished. In this the blood of sponsibility may attach to it.
to them, “You made war to go out of the more than a quarter of a million murdered vic. The joint resolution reported by the commit- Union; you have failed with your armies to tims cries aloud for retributive justice. 'And tee, and which is now before the House, is as accomplish your purpose to get out of the this the President of the United States calls follows:
Union; and yet you are out of the Union. insurrection. Why this history would exhibit
We fought to keep you in the Union and we great armies, such as the world has rarely seen, SEC. 1. No State shall make or enforce any law triumphed, yet you are out of the Union." devastating whole States, and meeting in grand which shall abridge the privileges or immunities of
That is the result of this whole proposition, citizens of the United States; nor shall any State deand terrible conflict-all the machinery of war prive any person of life, liberty, or property,without and the logic of the committee. in its largest possible extent.
due process of law; nor deny to any person, within Mr. Speaker, there are two prominent and But who shall write the details? Who shall its jurisdiction, the equal protection of the laws.
distinct ideas contained in this proposition.
Sec.2. Representatives shall be apportioned among tell the instances of individual suffering? Who the several States which may be included within this
The first idea is to strike down the reserved shall say how many husbands and fathers asked Union according to their respective numbers, count- rights of the States, those rights which were but one day of absence from the Army to bury
ing the whole number of persons in each State, ex-
declared by the framers of the Constitution the wife or child and were of necessity denied? State, the elective franchise shall be denied to any to belong to the States exclusively and necesWho shall tell of the tired sentinel, awakened portion of its malo citizens not less than twenty-ono sary for the protection of the property and libat his post after days and nights of toil, from
yoams of age, or in any way abridged, except for par-
erty of the people. The first section of this dreams of home, to answer at the bar of the representation in such State shall be reduced in the proposed amendment to the Constitution is to terrible court-martial for not doing what man proportion which the number of such male citizens strike down those State rights and invest all could not do? Who shall tell of the secret
shall bear to the whole number of male citizens not
power in the General Government. It is then sorrow of the unpensioned widow and orphan Sec. 3. Until the 4th day of July, 1870, all persons proposed to disfranchise the people of the southof him who fell from the ranks upon the long who voluntarily adhered to the lato insurrection, ern States who have gone into this rebellion, and weary march to die the death of the dog by
giving it aid and comfort, shall be excluded from the
until the party in power could fasten and rivet the roadside and be marked upon his country's ors for President and Vice President of the United the chains of oppression for all time to come, roll of dishonor as a deserter? States.
and hedge themselves in power, that they may Yet the President of the United States calls
SEC. 4. Neither the United States, nor any State, sball assume or pay any debt or obligation already
rule and control those people at will. Those the occurrences of the last five years insurrec- incurred, or which may hereafter be incurred, in aid are the two ideas contained in this proposition, and tells us with true official coldness that of insurrection or of war against the United States; tion.
or any claim for compensation for loss of involuntary it is suppressed! Surely sated ambition has service or labor.
Now, how do you propose to carry out that overlooked the immense cost of what it feeds Sec. 5. Congress shall have power to enforce, by second'idea ? Is it by degrading, by humbling,
If this is insurrection, in the name of all appropriate legislation, the provisions of this article. by humiliating these people, and rendering that is horrible what is war?
That joint resolution presupposes and takes them unworthy of the blessings of liberty or America transcends her elder sister in the as an established fact that those States lately in | of being recognized as citizens? Do you expect length of her rivers, in the height of her rebellion are no longer members of the Union; to effect the object in that way? Do you exmountains, and in the tremendous energy of that the ties which bound them to this Govern- | pect, by the terms you propose to impose on her people. And we are now told that that ment have been severed, and that the people those people, to render them willing serfs and transcendency extends even to the art of hu- of those States are aliens and foreigners to this slaves to your power? If they will submit to man butchery. When an American insurrec- Government. That is the position which has the burdens which you propose, then they ought tion is so like the most devastating of European been assumed by this committee, and upon that not to come back into this Union ; for they wars, the imagination shrinks with horror from hypothesis this resolution and these measures will be unworthy to hold the position of Amercontemplating what would be an American war. are based. I do not design now to discuss the ican citizens. Surely the heart of the Executive is not in sym- question whether these States are in or out of But how are you going to humble and depathy with the millions who made him what he is. the Union. That question has been ably and || grade these people? By disfranchising them,
Mr. SHANKLIN. Mr. Speaker, the subject elaborately discussed. Our minds are made by oppressing them with taxes, by denying now before the House for its consideration is up upon that subject. The mind of the public | them representation, by dragging them down a matter, perhaps, of as much importance, and is made up upon that subject. But we all to the loyal political and social equality with involves as many important interests to the remember that at the commencement of this the servile African race. You may impoverish American people, as any subject upon which difficulty these States asserted that it was a them, you may exterminate them, but you can the Congress of the United States can have to constitutional right which they had to with- never reduce them to the condition when they pass. Upon its solution may depend the weal draw from the Union and form independent will kiss the hand that strikes them. or woe of the American people and their de- and separate governments themselves, and in How long do you suppose it would take to scendants. Those institutions, republican and obedience to this claimed right they passed || bring you to that condition? How long would free in their character, reared by the wisdom, their ordinances of secession. We took the yon struggle against those acts of oppression, the patriotism, and the sufferings of our revo- ground, and rightfully too, as I believe, that those acts of tyranny, before you would bow in lutionary sires, and consecrated by their blood, they had no such right under the Constitution submission as slaves and serfs? Do you supmay depend upon the action of this Congress which had been framed by our fathers; that pose these people in the southern States are upon this subject.
they owed allegiance to the General Govern- || intellectually, morally, or physically yonr infeIt becomes us, then, as the Representatives | ment; that they must obey the laws and Con- riors ? Certainly you do not believe that. They of a generous and confiding people, who hold stitution of the General Government, and that may be disloyal in the estimation of some. But these important interests and trusts in our they could not withdraw from it. The issue || I will assert that so far as we know these peo. hands, to divest ourselves as far as is possible was fairly made up. One party contended that ple from their past history, they are not your of every angry passion, to banish every sec- they had the right of secession and to sever the inferiors physically, morally, or intellectually. tional prejudice or partiality, to discard per- ties which bound them to the Union; and the The people of the southern States and the sonal interest and considerations, to break the other party, as I think rightfully, took the people of the northern States stood side by side lines of party, and to rise above considerations ground that they had no such right; and the in the great battles of the revolutionary war; of that kind to a higher and purer sphere, that issue was made and submitted to the arbitra- || they met in the councils of the nation; they we may act for the general good of the whole ment of arms.
were as brave upon the battle-field, as wise in country now and forever. If we could but do Mr. Speaker, after four long years of bloody the council, and as safe advisers as the people this our labors would be easy, our task would war, the most desolating that the world has of the northern States. They were the peers be more than half performed in its very com- ever seen ; after the sacrifice of half a million and the equals of the people of the North. mencement. But if, from the frailty of our of our Federal soldiers and citizens, and the In the war of 1812 they stood by the Governnatures and our passions, we are unable to as- slaughter, perhaps, of nearly as many more of ment and they drove back the foreign invader. sume a position of this sort let us at least ap- the confederate people; after the expenditure Were they your inferiors then? Does history proach our task with clean hands, pure hearts, of more than four thousand million dollars, a establish that to be the fact? They were your and patriotic intentions.
debt entailed upon this country, and which | equals wherever tried and wherever met. Mr. Speaker, the subject which has been will be handed down for years and years to In the war with Mexico, men from South
Carolina and men from Massachusetts and You deny to the States the right of repudia- They would be a most invaluable friend. Rhode Island stood side by side on the battle- tion. Yet, in the very act of denying that right, and in my opinion they would, if you would fields upon the plains of Mexico. Were not you yourselves commit an act of repudiation. adopt a kind, generous policy toward them, the men of the South as brave and gallant as the You violate the honor of the nation, which is receive them and extend to them equal State men of the North? Did they shrink from respon
most solemnly pledged to payment for the and individual rights, and that without delay. sibility? They were your equals in every point slaves which were enlisted in the United States || By your treatment prove to them that the war of view.
Army in loyal slave States. In my State, you waged against them was not a war of conFrom the commencement of this Government | Kentucky, more than thirty thousand negroes quest or subjugation or from malice or vengedown to the commencement of this unfortunate enlisted in the Union Army. Before that ance, but a war to maintain the Constitution war they met in councils of the nation ; they enlistment an act was passed by this Congress, of our fathers and the rights of the Union of met in judicial forums; they filled executive, pledging the faith of the nation to payment for the States, as you declared it was when you judicial, and ministerial offices side by side with the slaves that might be enlisted in the Union took up arms and when the strife commenced. men of the northern States, and in every sta- Army in loyal slave States, not exceeding $300 Redeem your plighted faith by your acts and tion and position they were the peers and equals apiece. Has such compensation ever been your policy, and peace, friendship, and prosof the men of the North.
made? It has not. The nation is pledged to perity will once more cover our now distracted You have recently met them in this civil war, the payment of that debt. The nation to-day country. Then we can bid defiance to the enewith five times their population and ten times
my State more than $10,000,000 under mies of our free institutions. No nation, howtheir resources, and they kept your gallant and the provisions of that act. Yet now you pro- ever proud or domineering she may be, will brave armies at bay for four long years. Their pose a constitutional provision denying both to dare insult our flag or deny our just rights. councils were as wise, their measures were as the States and the General Government the Generations unborn will rise up to praise and judicious for prosecuting the war and to effect || right to pay such debts. By this measure you bless your memories. the objects which they had in view as yours were. propose to violate the plighted faith of the Let me beseech you in the name and behalf They kept you at bay. The cannon of their army | nation; you propose to practice upon the people || of patriotism, justice, and a downtrodden and were heard as often in this capital as your can- an outrage and a violation of their rights. oppressed people, to cease your war on the non were heard in their capital at Richmond. But, Mr. Speaker, we are asked by gentle- || President of your selection and choice, who Does this prove that they are your inferiors ? men here, and asked with an air of great con- has exhibited to the world the highest order You overcame them by numbers, not because | fidence and triumph, “Do you want these of wisdom, patriotism, charity, justice, and you were their superiors in wisdom, in gallantry, | rebels to take seats in Congress? Are you devotion to the equal rights of man. We will in bravery. I admit and assert that they erred | willing to admit to participation in the Govern. once more see the charred cities and villages in this matter. They claimed rights which did ment rebels who have sacriliced and slaughtered || that now dot a large portion of our Union rise not belong to them. Thousands of them, how- our people?'' No, sir.
up in fresh and pure proportions; our desoever, believed that they had these rights. They If these people are not pardoned and ac- lated fields will again blossom as a garden of acted upon that belief. But, sir, they have now quitted then they have no right, as they have
But above all, under the wise and just surrendered all those claims. What policy will violated the laws of the country, to enjoy all the lead of President Johnson, we will see our you now pursue toward them ?
blessings of the protection of this Government; || people gather around our country's altar, and Mr. Speaker, if the doctrine of the party in but if they have been pardoned, if the political | under the flag of a restored nation renew their power is true, that those States are out of the sins of which they have been guilty have been vows of obedience and devotion to the ConUnion, that they have cut loose from their wiped out, do you think your garb of loyalty | stitution of our fathers. But should you who obligations to the Constitution, and taken them- and patriotism is made of such flimsy stuff that now hold the power in this House persist in selves outside of the pale of that instrument, association with these men would soil and con- your persecutions and relentless oppression, I ask you what have you gained by this war. taminate it? The mighty host, we are told, you may yet live to see the day when you will We waged a war to prevent their going out; that is gathered around the throne of the Most regret the folly and madness that now hurries we waged a war for the purpose of enforcing High is composed of pardoned sinners, the you to the overthrow of your power. It may the laws against them. We were successful, associates and companions of angels. But a be the overthrow and destruction of the best as gentlemen say. The people of the South || pardoned rebel must not associate with the Government that ever blessed mankind. That waged a war to go out of the Union. They were political Pharisees of this House!
your measures of policy will lead to peace or unsuccessful. Yet the doctrine of the party Where are you going to? You are not will- harmony no dispassionate man can for a moin power admits that the rebels succeeded in ing to associate with pardoned rebels. I un- ment hope. You may discover when it is too accomplishing the object for which they fought. || derstand the distinguished gentleman from late that you have pressed your unequal laws I ask again, what have you gained? Have || Pennsylvania, [Mr. STEVENS,]
who is ever fruit- | beyond the point from which you can retreat. you kept them in the Union? You say that ful in resources in getting you in and out of You may bring down upon your country and you have not. Have you maintained and sup- difficulties, is going to set up a little concern Government the condemnation of all enlightported and enforced the Constitution? You of his own, and you who have been faithful to ened, civilized nations, and you may build up say that you
have not. Then what have you him in life ought not to desert him in death, a nation of just enemies in your midst, and gained by this war which has cost this nation and then you will be free from the contamina- this land may again be drenched and deluged so much blood and treasure? All that you tion of pardoned rebels, mercy, and charity. with fraternal blood. May we and our chilhave gained is that you have entailed upon Nor will you be haunted and tormented with dren be spared from that terrible ordeal, is the yourselves and upon posterity a debt which the veto messages of Andrew Johnson, the prayer of one who loves his whole country. bears the nation down, and will continue to wise patriot and statesman.
Discharge your joint committee on reconstruc. bear it down as an incubus. You have freed, Mr. Speaker, there is but one other subject. tion; abolish your Freedmen's Bureau; reit may be said, four million slaves. Yes, you What ought to be our policy here? Should it peal your civil rights bill, and admit all the have freed four million slaves, who were pro- be tyrannical and oppressive, or should it be delegates from the seceded States to their ductive laborers, who were contented and happy | liberal? We are told we cannot trust these seats in Congress, who have been elected acand well provided for, and you have thrown people. They have given up the right of seces- cording to the laws of the country and possess them upon society unprepared for their con- sion; they have taken the oath to support the the constitutional qualification, and all will be dition, destitute of that training and education Government and the laws; what are you going
well. which are necessary to enable them to protect to do with them?_Are you going to hold them [Here the hammer fell.] themselves. You have converted one half of in subjugation? England has tried a policy of them into vagabonds. That is a part of the that sort toward a noble and generous people,
PENNSYLVANIA CONTESTED-ELECTION CASE. fruits of this war. You have done more. By | the Irish. What has been the result of that
The SPEAKER laid before the House papers the demoralization of these people, and by the policy? Has it been to conquer them? It has
in the Pennsylvania contested-election case of policy which you have adopted in regard to been to implant in the bosom of every Irish
Koontz vs. Coffroth; which were referred to them, you have imposed upon the people a debt man a deep hatred of England. That hatred
the Committee of Electious. which I will not attempt to estimate, for the has descended from sire to son; and I hope it
ATTORNEY GENERAL'S OFFICE. purpose of supporting a pet institution called will continue to be transmitted until that noble
The SPEAKER also laid before the House a the Freedmen's Bureau. and generous people will rise in majesty and
communication from the acting Attorney GenPerhaps you have gained another object. | power and secure their freedom. Russia has You have through that bureau manufactured pursued a similar policy toward Poland. Has
eral, transmitting, in compliance with a reso the materials that have filled the galleries of the result been to subjugate the gallant Poles ?
lution of the House, a list of clerks, &c.; which this Hall during the whole session. Crowds | They are ready at any moment to rise in rebel
was laid upon the table, and ordered to be
printed. of these negroes have hung over us like a black lion. Austria has pursued the same policy. and threatening cloud, while we were crucify- The result has always been the same.
RECONSTRUCTION-AGAIN. ing the Constitution of our fathers and tram- The southern people whom it is proposed to Mr. RAYMOND. Mr. Speaker, I took ocpling under our feet the rights and liberties of subjugate are a noble, brave people. They casion at an early stage of the session, while the people in passing the Freedmen's Bureau may have been deluded, they may have com- making some remarks on the general subject bill, the civil rights bill, and the indemnity mitted a great crime, but they are now anxious of restoration, to say that, in my judgment, the bill. They have joined in the shouts of tri- to unite with all of our people to sustain the joint committee to which it had been referred, umph which have gone up when this House Government. Will you receive them? Will | ought to lay the whole of their plan upon our has trampled on the rights of the people and you make them your friends? Will you rather tables before asking us to act upon any of its set at naught the provisions of the Constitution. make them your enemies? This question we specific parts. I congratulate myself, sir, that, What more do you propose by this measure? must solve.
although when first made the demand was received with anything but favor, the commit- tion from both sides of the House, it was complaint is so justly made, I shall give it my tee now concede its justice by complying with finally postponed, and is still pending. Next vote. it. It seemed to me then, as it seems to the it came before us in the forin of a bill, by which The third amendment embodied in this recommittee now, that when a proposition em- Congress proposed to exercise precisely the port is of an entirely different character. It bracing several branches more or less inter- powers which that amendment was intended provides that until the year 1870 all persons dependent and all essential to the object sought to confer, and to provide for enforcing against within the States lately in rebellion who "rolto be attained, justice and fair dealing required State tribunals the prohibitions against unequal untarily adhered to the rebellion and gave it that Congress should have possession of the legislation. I regarded it as very doubtful, to aid and comfort" shall be "excluded from the whole case before being required to act upon say the least, whether Congress, under the right of voting for members of Congress and any of its parts. We may see the result of a existing Constitution, had any power to enact for electors of President and Vice President different course in the recent experience of the such a law; and I thought, and still think, that of the United States.'' British House of Commons. That House was very many members who voted for the bill also Now, the first thing that strikes my attencalled on to consider a scheme of parliament- doubted the power of Congress to pass it, be. tion in this is, that this amendment recognizes ary reform, consisting of two branches, one an cause they voted for the amendment by which these States as States, and as States within the extension of the suffrage, and the other a reap- that power was to be conferred. At all events, Union. How else, upon what other ground, portionment of representation, or, as they style | acting for myself and upon my own conviction are they authorized to be represented at all? it, a redistribution of seats. The ministry sub- on this subject, I did not vote for the bill when || The aniendment does not confer upon them mitted its programme for the first but withheld it was first passed, and when it came back to us any right of representation. It does not conthe second. Thereupon a portion of the min from the President with his objections I voted fer upon their people any right of voting. It isterial party demanded to see the whole plan | against it. And now, although that bill be- recognizes their right to representation. It before acting upon part of it. The ministry re- came a law and is now upon our statute-book, recognizes the general right of suffrage as fused to comply, and the result of their refusal it is again proposed so to amend the Constitu. belonging to the people of these States. It was that, although they commenced the ses- tion as to confer upon Congress the power to simply limits that right thus recognized as sion with a majority of sixty, they carried the pass it.
existing. It excludes a portion of the people bill on its second reading by the meager ma- Now, sir, I have at all times declared myself from exercising that right of suffrage which in jority of five, in a House of over six hundred heartily in favor of the main object which that the absence of such exclusion they would posmembers.
bill was intended to secure. I was in favor of sess. Now, this discards entirely the doctrine I am glad to see that the reconstruction com- securing an equality of rights to all citizens of that these States are Territories, the doctrine mittee does not imitate the obstinacy of the the United States, and of all persons within that they are conquered provinces, and that British ministry. After long delay and several their jurisdiction; all I asked was that it should their people are alien enemies, out of the attempts to carry single parts of its proposi- be done by the exercise of powers conferred Union and without rights of any kind. And tion, it now submits the whole of the plan by upon Congress by the Constitution. And so so far it has my hearty approbation. which it proposes to restore the Union. I must believing, I shall vote very cheerfully for this But, sir, it proposes to exclude the great body say that I see nothing in the report which re- proposed amendment to the Constitution, which of the people of those States from the exercise quired any such delay, nothing which depends I trust may be ratified by States enough to make of the right of suffrage in regard to Federal for its validity or force upon the evidence which, it part of the fundamental law.
officers. The gentleman from Pennsylvania, with such protracted pain, the committee has The second amendment which is proposed [Mr. BROOMALL,] in his very ingenious argu. spent five months in collecting. And it is for- to the Constitution relates to the basis of rep- ment this morning, attempted to show that it tunate for us that this is so, for Congress is not resentation. That has also been already before would not exclude more than one in twelve of yet in possession of any considerable portion this House for its action, and I have always the voters in the southern States. But it seems of the testimony. It has not yet been printed | declared myself in favor of the object it seeks to me idle to enter into such calculations, which and laid upon our tables to guide our action. to accomplish. As I remarked on a previous depend on a series of estimates, each one of
But, sir, without dwelling further upon these occasion, I do not think the South ought to gain which cannot be anything more than a wild preliminary matters, I will proceed to state the a large increase of political power in the coun- and random guess. I take it that we all know nature of the report which has thus been made. cils of the nation from the fact of their having perfectly well that the great masses of the The programme of reconstruction reported by rebelled, as they will do if the basis of repre- southern people “voluntarily adhered to the the committee consists of three parts: first, || sentation remains unchanged. But when it insurrection;' not at the outset, not as being a series of five constitutional amendments, was presented before it came in a form which originally in favor of it, but during its progress, upon as many different subjects, each distinct | recognized by implication the right, of every sooner or later, they voluntarily gave in their from the other; and then two bills, one provid- || State to disfranchise a portion of its citizens adhesion to it, and gave it aid and comfort. ing for the admission into Congress of Repre- on account of race, color, or previous condi- They did not all join the army. They did not sentatives from the States lately in rebellion tion of servitude, and provided that whenever go into the field, but they did, at different upon certain conditions, and the other exclud
any portion of any race should be thus dis- times, from various motives and in various ing from Federal offices for all time to come franchised by any State, the whole of that race ways, give it aid and comfort. certain classes of persons who have been en- within that State should be excluded from Well, sir, that would exclude the great body gaged in that rebellion. The House has ordered enumeration in fixing the basis of representa- of the people of those States under this amendthat these three propositions shall be taken up tion. As the gentleman from Pennsylvania ment from exercising the right of suffrage. It in succession, and the proposed amendments | [Mr. STEVENS) said yesterday, it provided that is proposed to permit those only who did not to the Constitution are the only topics which "if a single one of the injured race was excluded at any time nor in any way thus adhere to the are properly before us for our action now. I from the right of suffrage, the State should forfeit insurrection to vote for members of Cangress concur fully in the suggestion of the President the right to have any of them represented;' and and for presidential electors. I do not think of the United States, that it would be wise, he added that he preferred it on that account. they would number more than one tenth of the when acting upon amendments to the Consti- Well, sir, I did not. When it was presented whole population. But even if they should tution, that all the States to be affected by them before, the distinguished gentleman from Ohio number one eighth or one fifth they would still should be represented in the debate. I do not [Mr. SCHENCK] made a very powerful argu- constitute but a very small portion of the peounderstand him to hold, I certainly do not hold ment against it. He showed that it tended ple to be clothed with the exclusive powers of myself, that the presence of them all is essen- directly to discourage every southern State government. They would still constitute a tial to the validity of the action we may take; from preparing its colored population for en- government oligarchical and not republican in and inasmuch as they are to be submitted, if franchisements that it deprived them of all form. Yesterday the chairman of the joint adopted by us, to all the States of the Union inducement for their gradual admission to the committee on reconstruction, (Mr. STEVENS,] for their ratification, and as the assent of three right of suffrage, inasmuch as it exacted uni- in his forcible remarks introducing this report, fourths of all those States will be required to versal suffrage as the only condition upon took ground against admitting the membersmake them valid as parts of the Constitution, which they should be counted in the basis of elect from Tennessee and Arkansas because I am quite willing to take action upon them representation at all. I thought that argument they do not represent their constituents. “Do here even in the absence of those States which entitled to great weight. I have never yet not tell me," said hic, “that there are loyal are as yet without representation.
heard it answered. The gentleman from Ohio representatives waiting for admission; until And now, sir, with regard to these amend- converted me to that view of the subject, and their States are loyal they can have no standments, five in form, but only four in substance, although he relinquished or waived it himself, ing here, for they would merely misrepresent I have this to say: that, with one exception, I could not. I voted against a proposition their constituents." And yet he proposes they are such as commend themselves to my which seemed to me so unjust and so injurious, that we shall allow one fifth, one eighth, or approval. The principle of the first, which not only to the whites of the southern States, one tenth, as the case may be, of the people secures an equality of rights among all the citi- but to the colored race itself. Well, sir, that of these southern States to elect members zens of the United States, bas had a somewhat amendment was rejected in the Senate, and from those States, to hold seats upon this curious history. It was first embodied in a the proposition, as embodied in the commit- floor. Now, would not men thus elected in proposition introduced by the distinguished | tee's report, comes before us in a very differ- the most emphatic sense misrepresent their gentleman from Ohio, [Mr. BINGHAM, ) in the ent form. It is now proposed to base repre- constituents? How can the gentleman from form of an amendment to the Constitution, sentation upon suffrage, upon the number of Pennsylvania favor such a proposition as this, giving to Congress power to secure an absolute voters, instead of upon the aggregate popula. which is certain to secure members who will cquality of civil rights in every State of the tion in cvery State of the Union. And as I not truly represent their States, when he reUnion. It was discussed somewhat in that believe that to be essentially just, and likely fuses admission to the loyal delegation from form, but, encountering considerable opposi- to remedy the unequal representation of which Tennessee? By whạt process of reasoning