"I have endeavored to show that the words of the Constitution, the people of 'the States shall choose their Representatives,' is an express guarantee that a majority of the free male citizens of the United States in every State of this Union, being of full age, shall have the political power subject to the equal right of suffrage in the minority of free male citizens of full age. There is a further guarantee in the Constitution of a republican form of government to every State, which I take to mean that the majority of the free male citizens in every State shall have the political power. I submit to my friend that this proviso is nothing but a penalty for a violation on the part of the people of any State of the political right or franchise guaranteed by the Constitution to their free male fellow-citizens of full age.
"The guarantee in the first article of the second section of the Constitution, rightly interpreted, is, as I claim, this: that the majority of the male citizens of the United States, of full age, in each State, shall forever exercise the political power of the State with this limitation: that they shall never by caste legislation impose disabilities upon one class of free male citizens to the denial or abridgement of equal rights. The further provision is, that the United States shall guarantee to each State a republican form of government, which means that the majority of male citizens, of full age, in each State, shall govern, not, however, in violation of the Constitution of the United States or of the rights of the minority."
In closing his address, Mr. Bingham said: "I pray gentlemen to consider long before they reject this proviso. It may not be the best that the wisest head in this House can conceive of, but I ask gentlemen to consider that the rule of statesmanship is to take the best attainable essential good which is at our command. The reason why I support the proposed amendment is, that I believe it essential and attainable. I do not dare to say that it could not be improved. I do dare to say that it is in aid of the existing grants and guarantees of the Constitution of my country, that it is simply a penalty to be inflicted upon the States for a specific disregard in the future of those wise and just and humane grants 'to the people' to elect their Representatives and maintain a republican government in each State.
"Mr. Speaker, the republic is great; it is great in its domain, equal in extent to continental Europe, abounding in productions of every zone, broad enough and fertile enough to furnish bread and homes to three hundred million freemen. The republic is great in the intelligence, thrift, industry, energy, virtue, and valor of its unconquered and unconquerable children, and great in its matchless, wise, and beneficent Constitution. I pray the Congress of the United States to propose to the people all needful amendments to the Constitution, that by their sovereign act they may crown the republic for all time with the greatness of justice."
Mr. Broomall, of Pennsylvania, presented an objection to the resolution which had not been alluded to by any gentleman on the floor. He said: "The resolution provides that whenever the elective franchise shall be denied or abridged in any State, on account of race or color, all persons of such race or color shall be excluded from the basis of representation. Now, there is a great deal of indefiniteness in both those terms, 'race' and 'color.'
"What is a race of men? Writers upon the subject of races differ very materially on this point. Some of them would make four or five races; others fifteen; and one, whom I might name, seems inclined not to limit the number short of a thousand. I myself am inclined to think that the Celtic race is a distinct one from ours. I think that any gentleman who has studied this subject attentively will at least have doubts whether or not the race that appears to have inhabited Europe in the early historic period, and has been partly dispossessed there by ours, is not a distinct race from ours.
"Again: the word 'color' is exceedingly indefinite. If we had a constitutional standard of color, that of sole-leather, for example, by which to test the State laws upon this subject, there might be less danger in incorporating this provision in the Constitution. But the term 'color' is nowhere defined in the Constitution or the law. We apply the term to persons who are of African descent, whether their color is whiter or darker than ours. Every one who is familiar with the ethnological condition of things here in the United States, and who sees the general mixing up of colors, particularly in the Democratic portion of the country—I allude to that portion south of Mason and Dixon's line—must say with me that the word 'color' has no very distinct meaning when applied to the different peoples of the United States of America."
Two Representatives from New York—Mr. Davis and Mr. Ward—expressed opinions favorable to a modification of the basis of representation, and yet were opposed to the details of the proposition before the House.
Mr. Nicholson, of Delaware, in emphatic terms, denounced the acts of a majority of the House in attempting to amend the Constitution. "If they shall finally triumph," said he, "in the mad schemes in which they are engaged, they will succeed in converting that heretofore sacred instrument, reverenced and obeyed till the present dominant party came into power, from a bond of union to a galling yoke of oppression—a thing to be loathed and despised."
The discussion was still much protracted. Many members had an opportunity of presenting their views and opinions without adding much to the arguments for or against the measure. The power of debate, as well as "the power of amendment," seemed to have exhausted itself, and yet gentlemen, continued to swell the volume of both through several days.
On Friday, January 26th, Mr. Harding, of Kentucky, made a violent political speech, ostensibly in opposition to the measure before the House. The following is an extract from his remarks:
"The Republican party have manufactured a large amount of capital out of the negro question. First they began with caution, now they draw on it as if they thought it as inexhaustible as were the widow's barrel of meal and cruse of oil. The fact that the negro question has continued so long has been owing to the great care with which the Republican party has managed it."
Mr. McKee, of Kentucky, followed. Referring to his colleague who had preceded him, he said: "I regret extremely that he has pursued the same line of policy that gentlemen belonging to the same political party have pursued ever since the idea took possession of the Government that the negro was to be a freeman. His whole speech has been made up of the negro and nothing else.
"I would like it if the amendment could go a little beyond what it does. I would like so to amend the Constitution that no man who had raised his hand against the flag should ever be allowed to participate in any of the affairs of this Government. But it is not probable that we can go that far. Let us go just as far as we can.
"Gentlemen say that they are not willing to vote for an amendment that strikes off a part of the representation of the States; they are not willing to vote for an amendment that lessens Kentucky's representation upon this floor. The whole course of my colleague's remarks on this point is as the course of his party—and I may say of the loyal party in Kentucky—has been through a great part of the war, that Kentucky is the nation, and the United States a secondary appendage to her."
Mr. Kerr, of Indiana, did not desire to be heard at length upon the main question before the House, but upon some questions incidentally connected with it. He then proceeded to discuss the question whether Congress has "the power so to regulate the suffrage as to give the right of suffrage to every male citizen of the country of twenty-one years of age." "I propose now," said he, "for a few moments, to examine this question with a somewhat extensive reference to the history of the Constitution in this connection, and if possible to arrive at a conclusion whether the honorable gentleman from Pennsylvania has given greater attention to the history of this question than the President, and whether the conclusion which he has reached is a safer one for the country, or more in harmony with the history and true intent of the Constitution, than that of the President."
Near the close of his remarks, referring to the measure before the House, Mr. Kerr remarked: "I can see but one single clear result that will follow from this amendment if it is adopted by the people of this country, and that is an effect that will inure not to the advantage of the nation, nor of any State in the Union, nor of any class or race of men in any State; but it will inure solely to the benefit and advantage of the Republican party. In my judgment, the only persons who will gain by this provision will be the now dominant party in this country. They will thereby increase their power; they will thereby degrade the South; they will reduce her representation here, and relatively increase their own representation; they will confirm the sectional supremacy of the North in the legislation and administration of the Government. They may thus compel the South to become suppliants at their feet for justice, and it may be for mercy."
Mr. Kasson, of Iowa, and Mr. Wright, of New Jersey, made extended remarks, avowedly in opposition to the measure, but dwelling, for the greater portion of their time, upon subjects remotely connected with the resolution before the House.
Discussion was resumed in the House on Monday, January 29th. The question having become much complicated by the numerous propositions to amend, the Speaker, by request of Mr. Conkling, stated the exact position of the subject before the House, and the various questions pending. The Speaker said: "The committee having reported this joint resolution, the gentleman from Pennsylvania [Mr. Stevens] moved to amend by inserting the word 'therein' after the words 'all persons,' in the last clause of the proposed amendment to the Constitution.
"Pending that motion, the gentleman from Pennsylvania [Mr. Kelley] moved an entirely new proposition in the nature of a substitute for the joint resolution reported from the joint committee, proposing an amendment to the Constitution differing from the one reported from the committee. The gentleman from Illinois [Mr. Baker] also submitted for his colleague [Mr. Ingersoll] a proposition in the nature of a substitute for the one reported from the committee, as an amendment to the amendment.
"Pending those two propositions, the gentleman from Ohio [Mr.
Lawrence] moved to recommit the joint resolution to the joint
committee with certain instructions. The gentleman from Massachusetts
[Mr. Eliot] moved to amend the instructions, and the gentleman from
Ohio [Mr. Schenck] moved to amend the amendment.
"The gentleman from Ohio [Mr. Le Blond] also moved to commit the whole subject to the Committee of the Whole on the State of the Union. The first question will, therefore, be upon the motion to commit to the Committee of the Whole, as that committee is higher in rank than the joint Committee on Reconstruction.
"Next after that will be the various motions to recommit with instructions. If all those propositions should fail, then the motion of the gentleman from Pennsylvania, [Mr. Stevens,] being for the purpose of perfecting the original proposition, will come up for consideration. Then propositions in the nature of substitutes will come up for consideration; first the amendment to the amendment, proposed by the gentleman from Illinois, [Mr. Baker,] and next the substitute amendment of the gentleman from Pennsylvania [Mr. Kelley]."
Mr. Raymond, of New York, made a speech three hours in length, in opposition to the proposed amendment to the Constitution. He discussed the general questions of reconstruction, affirming that the Southern States had resumed their functions of self-government in the Union, that they did not change their constitutional relations by making war, and that Congress should admit their Representatives by districts, receiving only loyal men as members.
The closing words of Mr. Raymond's speech excited great sensation and surprise. They were as follows: "The gigantic contest is at an end. The courage and devotion on either side which made it so terrible and so long, no longer owe a divided duty, but have become the common property of the American name, the priceless possession of the American Republic through all time to come. The dead of the contending hosts sleep beneath the soil of a common country, and under one common flag. Their hostilities are hushed, and they are the dead of the nation forever more. The victor may well exult in the victory he has achieved. Let it be our task, as it will be our highest glory, to make the vanquished, and their posterity to the latest generation, rejoice in their defeat."
Mr. Julian could not accept heartily the proposition reported by the joint committee. He thus presented what he considered a preferable plan: "Under the constitutional injunction upon the United States to guarantee a republican form of government to every State, I believe the power already exists in the nation to regulate the right of suffrage. It can only exercise this power through Congress; and Congress, of course, must decide what is a republican form of government, and when the national authority shall interpose against State action for the purpose of executing the constitutional guarantee. No one will deny the authority of Congress to decide that if a State should disfranchise one-third, one-half, or two-thirds of her citizens, such State would cease to be republican, and might be required to accept a different rule of suffrage. If Congress could intervene in such a case, it could obviously intervene in any other case in which it might deem it necessary or proper. It certainly might decide that the disfranchisement by a State of a whole race of people within her borders is inconsistent with a republican form of government, and in their behalf, and in the execution of its own authority and duty, restore them to their equal right with others to the franchise. It might decide, for example, that in North Carolina, where 631,000 citizens disfranchise 331,000, the government is not republican, and should be made so by extending the franchise. It might do the same in Virginia, where 719,000 citizens disfranchise 533,000; in Alabama, where 596,000 citizens disfranchise 437,000; in Georgia, where 591,000 citizens disfranchise 465,000; in Louisiana, where 357,000 citizens disfranchise 350,000; in Mississippi, where 353,000 citizens disfranchise 436,000; and in South Carolina, where only 291,000 citizens disfranchise 411,000. Can any man who reverences the Constitution deny either the authority or the duty of Congress to do all this in the execution of the guarantee named? Or if the 411,000 negroes in South Carolina were to organize a government, and disfranchise her 291,000 white citizens, would any body doubt the authority of Congress to pronounce such government anti-republican, and secure the ballot equally to white and black citizens as the remedy? Or if a State should prescribe as a qualification for the ballot such an ownership of property, real or personal, as would disfranchise the great body of her people, could not Congress most undoubtedly interfere? So of an educational test, which might fix the standard of knowledge so high as to place the governing power in the hands of a select few. The power in all such cases is a reserved one in Congress, to be exercised according to its own judgment, with no accountability to any tribunal save the people; and without such power the nation would be at the mercy of as many oligarchies as there are States. It is true that the power of Congress to guarantee republican governments in the States through its intervention with the question of suffrage has not hitherto been exercised, but this certainly does not disprove the existence of such power, nor the expediency of its exercise now, under an additional and independent constitutional grant, and when a fit occasion for it has come through the madness of treason. Why temporize by adopting half-way measures and a policy of indirection? The shortest distance between two given points is a straight line. Let us follow it in so important a work as amending the Constitution.
"How do you know that the broad proposition I advocate will fail in Congress or before the people? These are revolutionary days. Whole generations of common time are now crowded into the span of a few years. Life was never before so grand and blessed an opportunity. The man mistakes his reckoning who judges either the present or the future by any political almanac of bygone years. Growth, development, progress are the expressive watchwords of the hour. Who can remember the marvelous events of the past four years, necessitated by the late war, and then predict the failure of further measures, woven into the same fabric, and born of the same inevitable logic?"
On Monday, January 30th, the proposed constitutional amendment was recommitted to the joint Committee on Reconstruction. On the following day Mr. Stevens reported back the joint resolution, with an amendment striking out the words "and direct taxes," so as to fix simply the basis of representation in Congress upon population, excluding those races or colors to which the franchise is denied or abridged.
Mr. Schenck offered a substitute making "male citizens of the United States over twenty-one years" the basis of representation. Mr. Schenck occupied a few minutes in advocating his proposition.
On the other hand, Mr. Benjamin, of Missouri, objected to the substitute as greatly to the detriment of Missouri, since it would reduce her representation in Congress from nine to four, because she has endeavored to place the Government in loyal hands by disfranchising the rebel element of that State. In doing this, she had disfranchised one-half her voters.
The previous question having been called, Mr. Stevens made the closing speech of the protracted discussion. In the opening of his speech, Mr. Stevens said: "It is true we have been informed by high authority, at the other end of the avenue, introduced through an unusual conduit, that no amendment is necessary to the Constitution as our fathers made it, and that it is better to let it stand as it is. Now, sir, I think very differently, myself, for one individual. I believe there is intrusted to this Congress a high duty, no less important and no less fraught with the weal or woe of future ages than was intrusted to the august body that made the Declaration of Independence. I believe now, if we omit to exercise that high duty, or abuse it, we shall be held to account by future generations of America, and by the whole civilized world that is in favor of freedom, and that our names will go down to posterity with some applause or with black condemnation if we do not treat the subject thoroughly, honestly, and justly in reference to every human being on this continent."
That the above paragraph may be understood, it will be necessary to state that the President of the United States himself had taken part in the discussion of the measure pending before Congress. The "unusual conduit" was the telegraph and the press—the means by which his opinions were given to Congress and the public. The President's opinions were expressed in the following paper, as read by the Clerk of the House, at the request of several members:
"The following is the substance of a conversation which took
place yesterday between the President and a distinguished
Senator, as telegraphed North by the agent of the Associated
Press:
"The President said that he doubted the propriety at this time of making further amendments to the Constitution. One great amendment had already been made, by which slavery had forever been abolished within the limits of the United States, and a national guarantee thus given that the institution should never exist in the land. Propositions to amend the Constitution were becoming as numerous as preambles and resolutions at town meetings called to consider the most ordinary questions connected with the administration of local affairs. All this, in his opinion, had a tendency to diminish the dignity and prestige attached to the Constitution of the country, and to lessen the respect and confidence of the people in their great charter of freedom. If, however, amendments are to be made to the Constitution, changing the basis of representation and taxation, (and he did not deem them at all necessary at the present time,) he knew of none better than a simple proposition, embraced in a few lines, making in each State the number of qualified voters the basis of representation, and the value of property the basis of direct taxation. Such a proposition could be embraced in the following terms:
"'Representatives shall be apportioned among the several
States which may be included within this Union according to
the number of qualified voters in each State.
"'Direct taxes shall be apportioned among the several States which may be included within this Union according to the value of all taxable property in each State.'
"An amendment of this kind would, in his opinion, place the basis of representation and direct taxation upon correct principles. The qualified voters were, for the most part, men who were subject to draft and enlistment when it was necessary to repel invasion, suppress rebellion, and quell domestic violence and insurrection. They risk their lives, shed their blood, and peril their all to uphold the Government, and give protection, security, and value to property. It seemed but just that property should compensate for the benefits thus conferred by defraying the expenses incident to its protection and enjoyment.
"Such an amendment, the President also suggested, would remove from Congress all issues in reference to the political equality of the races. It would leave the States to determine absolutely the qualifications of their own voters with regard to color; and thus the number of Representatives to which they would be entitled in Congress would depend upon the number upon whom they conferred the right of suffrage.
"The President, in this connection, expressed the opinion that the agitation of the negro-franchise question in the District of Columbia, at this time was the mere entering-wedge to the agitation of the question throughout the States, and was ill-timed, uncalled for, and calculated to do great harm. He believed that it would engender enmity, contention, and strife between the two races, and lead to a war between»them which would result in great injury to both, and the certain extermination of the negro population. Precedence, he thought, should be given to more important and urgent matters, legislation upon which was essential for the restoration of the Union, the peace of the country, and the prosperity of the people."
"This," said Mr. Stevens, "I take to be an authorized utterance of one at the other end of the avenue. I have no doubt that this is the proclamation, the command of the President of the United States, made and put forth by authority in advance, and at a time when this Congress was legislating on this very question; made, in my judgment, in violation of the privileges of this House; made in such a way that centuries ago, had it been made to Parliament by a British king, it would have cost him his head. But, sir, we pass that by; we are tolerant of usurpation in this tolerant Government of ours."
In answer to those who contended that Congress should regulate the right of suffrage in the States, Mr. Stevens said: "If you should take away the right which now is and always has been exercised by the States, by fixing the qualifications of their electors, instead of getting nineteen States, which is necessary to ratify this amendment, you might possibly get five. I venture to say you could not get five in this Union. And that is an answer, in the opinion of the committee, to all that has been said on this subject. But it grants no right. It says, however, to the State of South Carolina and other slave States, True, we leave where it has been left for eighty years the right to fix the elective franchise, but you must not abuse it; if you do, the Constitution will impose upon you a penalty, and will continue to inflict it until you shall have corrected your actions.
"Now, any man who knows any thing about the condition of aspiration and ambition for power which exists in the slave States, knows that one of their chief objects is to rule this country. It was to ruin it if they could not rule it. They have not been able to ruin it, and now their great ambition will be to rule it. If a State abuses the elective franchise, and takes it from those who are the only loyal people there, the Constitution says to such a State, You shall lose power in the halls of the nation, and you shall remain where you are, a shriveled and dried-up nonentity instead of being the lords of creation, as you have been, so far as America is concerned, for years past.
"Now, sir, I say no more strong inducement could ever beheld out to them; no more severe punishment could ever be inflicted upon them as States. If they exclude the colored population, they will lose at least thirty-five Representatives in this hall; if they adopt it, they will have eighty-three votes."
Mr. Stevens urged several objections to the proposition of Mr. Schenck. He said: "If I have been rightly informed as to the number, there are from fifteen to twenty Representatives in the Northern States founded upon those who are not citizens of the United States. In New York I think there are three or four Representatives founded upon the foreign population—three certainly. And so it is in Wisconsin, Iowa, and other Northern States. There are fifteen or twenty Northern Representatives that would be lost by that amendment and given to the South whenever they grant the elective franchise to the negro.
"Now, sir, while I have not any particular regard for any foreigner who goes against me, yet I do not think it would be wise to put into the Constitution or send to the people a proposition to amend the Constitution which would take such Representatives from those States, and which, therefore, they will never adopt.
"But I have another objection to the amendment of my friend from Ohio. His proposition is to apportion representation according to the male citizens of the States. Why has he put in the word 'male?' It was never in the Constitution of the United States before. Why make a crusade against women in the Constitution of the nation? [Laughter.] Is my friend as much afraid of their rivalry as the gentlemen on the other side of the House are afraid of the rivalry of the negro? [Laughter.] I do not think we ought to disfigure the Constitution with such a provision. I find that every unmarried man is opposed to the proposition. Whether married men have particular reason for dreading interference from that quarter I know not. [Laughter.] I certainly shall never vote to insert the word 'male' or the word 'white' in the national Constitution. Let these things be attended to by the States."
In answer to the objection that the amendment proposed by the committee "might be evaded by saying that no man who had ever been a slave should vote, and that would not be disfranchisement on account of race or color," Mr. Stevens said: "Sir, no man in America ever was or ever could be a slave if he was a white man. I know white men have been held in bondage contrary to law. But there never was a court in the United States, in a slave State or a free State, that has not admitted that if one held as a slave could prove himself to be white, he was that instant free. And, therefore, such an exclusion, on account of previous condition of slavery, must be an exclusion on account of race or color. Therefore that objection falls to the ground."
In reply to the closing paragraph of Mr. Raymond's speech, Mr. Stevens said: "I could not but admire (an admiration mingled with wonder) the amiability of temper, the tenderness of heart, the generosity of feeling which must have prompted some of the closing sentences of the excellent and able speech delivered by the gentleman on last Monday. His words were these:
"'The gigantic contest is at an end. The courage and devotion on either side, which made it so terrible and so long, no longer owe a divided duty, but have become the common property of the American name, the priceless possession of the American Republic, through all time to come. The dead of the contending hosts sleep beneath the soil of a common country, under their common flag. Their hostilities are hushed, and they are the dead of the nation for evermore.'
"Sir, much more than amiable, much more than religious, must be the sentiment that would prompt any man to say that 'the courage and devotion' which so long withstood our arms, prolonging the terrible conflict of war, and sacrificing the lives of thousands of loyal men, are hereafter to be the common boast of the nation, 'the priceless possession of the American Republic through all time to come;' that it is the pride of our country so many infamous rebels were so ferocious in their murders.
"Sir, we are to consider these dead on both sides as the dead of the nation, the common dead! And so, I suppose, we are to raise monuments beside the monuments to Reynolds and others, to be erected in the cemetery on the battle-field of Gettysburg. We must there build high the monumental marble for men like Barksdale, whom I have seen in this hall draw their bowie-knives on the Representatives of the people; men who died upon the battle-field of Gettysburg in arms against the Government, and where they now lie buried in ditches, 'unwept, unhonored, and unsung!' They are, I suppose, to be raised and put into the fore-front ranks of the nation, and we are to call them through all time as the dead of the nation! Sir, was there ever blasphemy before like this? Who was it burnt the temple of Ephesus? Who was it imitated the thunder of Jove? All that was poor compared with this blasphemy. I say, if the loyal dead, who are thus associated with the traitors who murdered them, put by the gentleman on the same footing with them, are to be treated as the 'common dead of the nation'—I say, sir, if they could have heard the gentleman, they would have broken the cerements of the tomb, and stalked forth and haunted him until his eye-balls were seared."
The question was first taken on the substitute offered by Mr. Schenck, which was rejected by a vote of one hundred and thirty-one to twenty-nine.
The question was then taken on agreeing to the joint resolution as modified by the committee, and it was decided in the affirmative by the following vote:
YEAS—Messrs. Alley, Allison, Ames, Anderson, James M.
Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin,
Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee,
Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke,
Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis,
Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Eckley,
Eggleston, Farnsworth, Farquhar, Ferry, Garfield, Grinnell,
Griswold, Abner C. Harding, Hart, Hayes, Hill, Holmes,
Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard,
Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd,
James Humphrey, Ingersoll, Julian, Kasson, Kelley, Kelso,
Ketcham, Kuykendall, Laflin, George V. Lawrence, William
Lawrence, Longyear, Lynch, Marston, Marvin, McClurg,
McIndoe, McKee, Mercur, Miller, Moorhead, Morrill, Morris,
Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham,
Pike, Plants, Pomeroy, Price, Alexander H. Rice, John H.
Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger,
Sloan, Spalding, Starr, Stevens, Stilwell, Thayer, Francis
Thomas, John L. Thomas, Upson, Van Aernam, Burt Van Horn,
Robert T. Van Horn, Ward, Warner, Elihu B. Washburne,
William B. Washburn, Welker, Wentworth, Williams, James F.
Wilson, Stephen F. Wilson, Windom, and Woodbridge—120.
NAYS—Messrs. Baldwin, Bergen, Boyer, Brooks, Chanler,
Dawson, Dennison, Eldridge, Eliot, Finck, Grider, Hale,
Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M.
Humphrey, Jenckes, Johnson, Kerr, Latham, Le Blond,
Marshall, McCullough, Niblack, Nicholson, Noell, Phelps,
Samuel J. Randall, William H. Randall, Raymond, Ritter,
Rogers, Ross, Rosseau, Shanklin, Sitgreaves, Smith, Strouse,
Taber, Taylor, Thornton, Trimble, Voorhees, Whaley, and
Wright—46.
NOT VOTING—Messrs. Ancona, Delos R. Ashley, Culver, Driggs,
Dumont, Glossbrenner, Goodyear, Henderson, Higby, Jones,
Loan, McRuer, Newell, Radford, Trowbridge, and Winfield—16.
Two-thirds having voted in the affirmative, the Speaker declared the joint resolution adopted.
The strong vote by which this measure was passed, after so general an expression of dissent from it, excited some surprise. Many gentlemen evidently surrendered their individual preferences for the sake of unanimity. They believed that this was the best measure calculated to secure just representation, which would pass the ordeal of Congress and three-fourths of the States. They accepted the "rule of statesmanship," to "take the best attainable, essential good which is at our command."
A disposition to rebuke supposed Executive dictation had some effect to produce an unexpected unanimity in favor of the measure. One Rhode Island and two Massachusetts members insisted on national negro suffrage, and voted against the amendments. Mr. Raymond and Mr. Hale, of New York, were the only Republicans who voted against the measure in accordance with the President's opinions. Of the border slave State members, ten voted for the amendment and sixteen against it.
CHAPTER XV.
THE BASIS OF-REPRESENTATION—IN THE SENATE.
The Joint Resolution goes to the Senate —
Counter-proposition by Mr. Sumner — He Speaks Five Hours —
Mr. Henderson's Amendment — Mr. Fessenden — Mr. Henry S.
Lane — Mr. Johnson — Mr. Henderson — Mr. Clark's
Historical Statements — Fred. Douglass' Memorial — Mr.
Williams — Mr. Hendricks — Mr. Chandler's "Blood-letting
Letter" — Proposition of Mr. Yates — His Speech — Mr.
Buckalew against New England — Mr. Pomeroy — Mr. Sumner's
Second Speech — Mr. Doolittle — Mr. Morrill — Mr.
Fessenden meets Objections — Final Vote — The Amendment
Defeated.
The joint resolution, providing for amending the basis of representation, having passed the House of Representatives on the last day of January, 1866, the action of that body was communicated to the Senate. The Civil Rights Bill at that time occupying the attention of the Senate, Mr. Fessenden gave notice that unless something should occur to render that course unwise, he would ask that the consideration of the proposed constitutional amendment should be taken up on the following Monday, February 5th.
On the second of February, Mr. Sumner gave notice of his intention to move a joint resolution as a counter-proposition to the proposed constitutional amendment. Mr. Sumner's resolution was as follows:
Whereas, it is provided in the Constitution that the United States shall guarantee to every State in the Union a republican form of government; and whereas, by reason of the failure of certain States to maintain Governments which Congress can recognize, it has become the duty of the United States, standing in the place of guarantor, where the principal has made a lapse, to secure to such States, according to the requirement of the guarantee, governments republican in form; and whereas, further, it is provided in a recent constitutional amendment, that Congress may 'enforce' the prohibition of slavery by 'appropriate legislation,' and it is important to this end that all relics of slavery should be removed, including all distinction of rights on account of color; now, therefore, to carry out the guarantee of a republican form of government, and to enforce the prohibition of slavery.
"Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in all States lately declared to be in rebellion there shall be no oligarchy, aristocracy, caste, or monopoly invested with peculiar privileges or powers, and there shall be no denial of rights, civil or political, on account of color or race; but all persons shall be equal before the law, whether in the court-room or at the ballot-box; and this statute, made in pursuance of the Constitution, shall be the supreme law of the land, any thing in the constitution or laws of any such State to the contrary notwithstanding."
According to notice given by the Chairman of the joint Committee on Reconstruction on the part of the Senate, the proposed constitutional amendment came up for consideration on the fifth of February.
Mr. Sumner addressed the Senate in opposition to the measure. His speech was five hours in length, and occupied parts of the sessions of two days in its delivery. Mr. Sumner argued that the proposed amendment would introduce "discord and defilement into the Constitution," by admitting that rights could be "denied or abridged on account of race or color," and that by its adoption Congress would prove derelict to its constitutional duty to guarantee a republican form of government to each State, and that having already legislated to protect the colored race in civil rights, it is bound to secure to them political rights also.
Concerning the Committee on Reconstruction and their proposition, Mr. Sumner said: "Knowing, as I do, the eminent character of the committee, its intelligence, its patriotism, and the moral instincts by which it is moved, I am at a loss to understand the origin of a proposition which seems to me nothing else than another compromise of human rights, as if the country had not already paid enough in costly treasure and more costly blood for such compromises in the past. I had hoped that the day of compromise with wrong had passed forever. Ample experience shows that it is the least practical mode of settling questions involving moral principles. A moral principle can not be compromised."
He thought the proposed change in the Constitution could not properly be called an amendment. "For some time we have been carefully expunging from the statute-book the word 'white,' and now it is proposed to insert in the Constitution itself a distinction of color. An amendment, according to the dictionaries, is 'an improvement'—'a change for the better.' Surely the present proposition is an amendment which, like the crab, goes backward."
This measure would not accomplish the results desired by its authors. "If by this," said he, "you expect to induce the recent slave-master to confer the right of suffrage without distinction of color, you will find the proposition a delusion and a snare. He will do no such thing. Even the bribe you offer will not tempt him. If, on the other hand, you expect to accomplish a reduction of his political power, it is more than doubtful if you will succeed, while the means you employ are unworthy of our country. There are tricks and evasions possible, and the cunning slave-master will drive his coach and six through your amendment, stuffed with all his Representatives."
Drawing toward the close of his speech, Mr. Sumner gave the following review of his remarks that had preceded: "We have seen the origin of the controversy which led to the revolution, when Otis, with such wise hardihood, insisted upon equal rights, and then giving practical effect to the lofty demand, sounded the battle-cry that 'Taxation without Representation is Tyranny.' We have followed this controversy in its anxious stages, where these principles were constantly asserted and constantly denied, until it broke forth in battle; we have seen these principles adopted as the very frontlet of the republic, when it assumed its place in the family of nations, and then again when it ordained its Constitution; we have seen them avowed and illustrated in memorable words by the greatest authorities of the time; lastly, we have seen them embodied in public acts of the States collectively and individually; and now, out of this concurring, cumulative, and unimpeachable testimony, constituting a speaking aggregation absolutely without precedent, I offer you the American definition of a republican form of government. It is in vain that you cite philosophers or publicists, or the examples of former history. Against these I put the early and constant postulates of the fathers, the corporate declarations of the fathers, the avowed opinions of the fathers, and the public acts of the fathers, all with one voice proclaiming, first, that all men are equal in rights, and, secondly, that governments derive their just powers from the consent of the governed; and here is the American idea of a republic, which must be adopted in the interpretation of the National Constitution. You can not reject it. As well reject the Decalogue in determining moral duties, or as well reject the multiplication table in determining a question of arithmetic."
Maintaining that "the rebel States are not republican governments," Mr. Sumner said: "Begin with Tennessee, which disfranchises 283,079 citizens, being more than a quarter of its whole 'people.' Thus violating a distinctive principle of republican government, how can this State be recognized as republican? This question is easier asked than answered. But Tennessee is the least offensive on the list. There is Virginia, which disfranchises 549,019 citizens, being more than a third of its whole 'people.' There is Alabama, which disfranchises 436,030 citizens, being nearly one half of its whole 'people.' There is Louisiana, which disfranchises 350,546 citizens, being one half of its whole 'people.' There is Mississippi, which disfranchises 437,404 citizens, being much more than one half of its whole 'people.' And there is South Carolina, which disfranchises 412,408 citizens, being nearly two-thirds of its whole 'people.' A republic is a pyramid standing on the broad mass of the people as a base; but here is a pyramid balanced on its point. To call such a government 'republican' is a mockery of sense and decency. A monarch, 'surrounded by republican institutions,' which at one time was the boast of France, would be less offensive to correct principles, and give more security to human rights."
Of the Southern system of government he said: "It is essentially a monopoly, in a country which sets its face against all monopolies as unequal and immoral. If any monopoly deserves unhesitating judgment, it must be that which absorbs the rights of others and engrosses political power. How vain it is to condemn the petty monopolies of commerce, and then allow this vast, all-embracing monopoly of human rights."
Mr. Sumner maintained that the ballot was the great guarantee—"the only sufficient guarantee—being in itself peacemaker, reconciler, schoolmaster, and protector." The result of conferring suffrage upon the negro will be, "The master will recognize the new citizen. The slave will stand with tranquil self-respect in the presence of the master. Brute force disappears. Distrust is at an end. The master is no longer a tyrant. The freedman is no longer a dependent. The ballot comes to him in his depression, and says, 'Use me and be elevated.' It comes to him in his passion, and says, 'Use me and do not fight.' It comes to him in his daily thoughts, filling him with the strength and glory of manhood."
Most beneficent results, it was thought, would flow from such legislation as that advocated by Mr. Sumner. "I see clearly," said he, "that there is nothing in the compass of mortal power so important to them in every respect, morally, politically, and economically—that there is nothing with such certain promise to them of beneficent results—that there is nothing so sure to make their land smile with industry and fertility as the decree of equal rights which I now invoke. Let the decree go forth to cover them with blessings, sure to descend upon their children in successive generations. They have given us war; we give them peace. They have raged against us in the name of slavery; we send them back the benediction of justice for all. They menace hate; we offer in return all the sacred charities of country together with oblivion of the past. This is our 'Measure for Measure.' This is our retaliation. This is our only revenge."
The following was the closing paragraph of Mr. Sumner's speech: "The Roman Cato, after declaring his belief in the immortality of the soul, added, that if this were an error, it was an error which he loved. And now, declaring my belief in liberty and equality as the God-given birthright of all men, let me say, in the same spirit, if this be an error, it is an error which I love; if this be a fault, it is a fault which I shall be slow to renounce; if this be an illusion, it is an illusion which I pray may wrap the world in its angelic arms."
On the seventh of February, the subject being again before the Senate, Mr. Henderson, of Missouri, moved to strike out the constitutional amendment proposed by the committee and insert the following:
"ARTICLE 14. No State, in prescribing the qualifications requisite for electors therein, shall discriminate against any person on account of color or race."
Mr. Fessenden made a speech in favor of the report of the committee, and in reply to Mr. Sumner. Referring to the subject of constitutional amendments, Mr. Fessenden said: "Something has been said, also, on different occasions, with reference to a disposition that is said to prevail now to amend the Constitution, and the forbearance of Congress has been invoked with regard to that venerable and great instrument. I believe that I have as much veneration for the Constitution as most men, and I believe that I have as high an opinion of its wisdom; but, sir, I probably have no better opinion of it than those who made it, and it did not seem to them, as we learn from its very provisions, that it was so perfect that no amendment whatever could be made that would be, in the language of the Senator from Massachusetts, an improvement. Why, sir, they provided themselves, as we all know, in the original instrument, for its amendment. They, in the very earliest days of our history, amended it themselves."
The result of retaining the "Constitution as it is" would be this: "The continuance of precisely the same rule, and the fostering of a feeling which the honorable Senator from Massachusetts has well proven to be contrary to the very foundation principles of a republican government. There can be no question that such would be the result; and we should have in a portion of the States all the people represented and all the people acting, and in another portion of the States all the people represented and but a portion of the people only exercising political rights and retaining them in their own hands. Such has been the case, and such, judging of human nature as it is, we have a right to suppose will continue to be the case."
The measure proposed by the committee was not entirely satisfactory to Mr. Fessenden. "I am free to confess," said he, "that could I legislate upon that subject, although I can see difficulties that would arise from it, yet trusting to time to soften them, and being desirous, if I can, to put into the Constitution a principle that commends itself to the consideration of every enlightened mind at once, I would prefer something of that sort, a distinct proposition that all provisions in the constitution or laws of any State making any distinction in civil or political rights, or privileges, or immunities whatever, should be held unconstitutional, inoperative, and void, or words to that effect. I would like that much better; and I take it there are not many Senators within the sound of my voice who would not very much prefer it; but, after all, the committee did not recommend a provision of that description, and I stand here as the organ of the committee, approving what they have done, and not disposed to urge my own peculiar views, if I have any, against theirs, or to rely exclusively on my own judgment so far as to denounce what honorable and true men, of better judgments than myself, have thought best to recommend, and in which I unite and agree with them."
After having given objections to limiting the basis of representation to voters, Mr. Fessenden remarked: "And if you extend it to citizens, or narrow it to citizens, you make it worse so far as many of the States are concerned; for my honorable friends from the Pacific coast, where there is a large number of foreigners, would hardly be willing to have them cut off; and they have no benefit of political power in the legislation of the country arising from the number of those foreigners who make a portion of their population. The difficulty is, that you meet with troubles of this kind every-where the moment you depart from the principle of basing representation upon population and population alone. You meet with inequalities, with difficulties, with troubles, either in one section of the country or the other, and you are inevitably thrown back upon the original principle of the Constitution.
"It will be noticed that the amendment which we have thus presented has one good quality: it preserves the original basis of representation; it leaves that matter precisely where the Constitution placed it in the first instance; it makes no changes in that respect; it violates no prejudice; it violates no feeling. Every State is represented according to its population with this distinction: that if a State says that it has a portion, a class, which is not fit to be represented—and it is for the State to decide—it shall not be represented; that is all. It has another good point: it is equal in its operation; all persons in every State are to be counted; nobody is to be rejected. With the very trifling exception fixed by the original Constitution, all races, colors, nations, languages, and denominations form the basis.
"But, sir, the great excellence of it—and I think it is an excellence—is, that it accomplishes indirectly what we may not have the power to accomplish directly. If we can not put into the Constitution, owing to existing prejudices and existing institutions, an entire exclusion of all class distinctions, the next question is, can we accomplish that work in any other way?"
Concerning the "counter-proposition" of Mr. Sumner, the speaker said: "It is, in one sense, like a very small dipper with a very long handle; for the preamble is very much more diffuse than the proposed enactment itself. I looked to see what came next. I supposed that after that preamble we should have some adequate machinery provided for the enforcement and security of these rights; that we should have the matter put to the courts, and if the courts could not accomplish it, that we should have the aid of the military power, thus shocking the sensibilities of my honorable friend from Indiana [Mr. Hendricks] again. I do not know what good it does to merely provide by law that the provisions of the Constitution shall be enforced, without saying how, in what manner, by what machinery, in what way, to what extent, or how it is to be accomplished. Why reënact the Constitution of the United States and put it in a bill? What do you accomplish by it? How is that a remedy? It is simply as if it read in this way: Whereas, it is provided in the Constitution that the United States shall guarantee to every State in the Union a republican form of government, therefore we declare that there shall be a republican form of government and nothing else."
Mr. Sumner had said, in his speech in opposition to the proposed amendment, "Above all, do not copy the example of Pontius Pilate, who surrendered the Savior of the world, in whom he found no fault at all, to be scourged and crucified, while he set at large Barabbas, of whom the Gospel says, in simple words, 'Now, Barabbas was a robber.'"
To this Mr. Fessenden responded: "Is it a 'mean compromise'—for so it is denominated—that the Committee of Fifteen and the House of Representatives, when they passed it, placed themselves in the situation of Pontius Pilate, with the negro for the Savior of the world and the people of the United States for Barabbas, as designated by the honorable Senator. Why, sir, I expected to hear him in the next breath go further than that, and say that with the Constitution of the United States and the constitutions of the States the negro had been crucified, and that now, by the amendment of the Constitution, the stone had been rolled away from the door of the sepulcher, and he had ascended to sit on the throne of the Almighty and judge the world! One would have been, permit me to say with all respect, in as good taste as the other."
In conclusion, Mr. Fessenden said: "I wish to say, in closing, that I commend this joint resolution to the careful consideration of the Senate. It is all that we could desire; it is all that our constituents could wish. It does not accomplish, as it stands now, all, perhaps, that it might accomplish; but it is an important step in the right direction. It gives the sanction of Congress, in so many words, to an important, leading, effective idea. It opens a way by which the Southern mind—to speak of it as the Southern mind—may be led to that which is right and just. I have hopes, great hopes, of those who were recently Confederates; and I believe that now that they have been taught that they can not do evil, to all the extent that they might desire, with impunity, and when their attention is turned of necessity in the right direction, the road will seem so pleasant to their feet, or, at any rate, will seem so agreeable to their love of power, that they will be willing to walk in the direction that we have pointed. If they do, what is accomplished? In process of time, under this constitutional amendment, if it should be adopted, they are led to enlarge their franchise. That necessarily will lead them to consider how much further they can go, what is necessary in order to fit their people for its exercise, thus leading to education, thus leading to a greater degree of civilization, thus bringing up an oppressed and downtrodden race to an equality, if capable of an equality—and I hope it may be—with their white brethren, children of the same Father.
"And, sir, if this is done, some of us may hope to live—I probably may not, but the honorable Senator from Massachusetts may—to see the time when, by their own act, and under the effect of an enlightened study of their own interests, all men may be placed upon the same broad constitutional level, enjoying the same rights, and seeking happiness in the same way and under the same advantages; and that is all that we could ask."
On the following day, the discussion was continued by Mr. Lane, of Indiana, who addressed the Senate in a speech of two hours' duration. Mr. Lane seldom occupied the time of the Senate by speech-making, but when he felt it his duty to speak, none upon the floor attracted more marked attention, both from the importance of his matter and the impressiveness of his manner.
Much of Mr. Lane's speech, on this occasion, was devoted to the general subject of reconstruction, since he regarded the pending measure as one of a series looking to the ultimate restoration of the late rebel States. He was opposed to undue haste in this important work. He said: "The danger is of precipitate action. Delay is now what we need. The infant in its tiny fingers plays to-day with a handful of acorns, but two hundred years hence, by the efflux of time, those acorns are the mighty material out of which navies are built, the monarch of the forest, defying the shock of the storm and the whirlwind. Time is a mighty agent in all these affairs, and we should appeal to time. We are not ready yet for a restoration upon rebel votes; we are not ready yet for a restoration upon colored votes; but, thank God! we are willing and able to wait. We have the Government, we have the Constitution of the United States, we have the army and the navy, the vast moral and material power of the republic. We can enforce the laws in all the rebel States, and we can keep the peace until such time as they may be restored with safety to them and safety to us."
Of the measure proposed by the committee, Mr. Lane remarked: "This amendment, as I have already endeavored to show, will do away with much of the irregularity now existing, and which would exist under a different state of things, the blacks being all free. So far as the amendment goes, I approve of it, and I think I shall vote for it, but with a distinct understanding that it is not all that we are required to do, that it is not the only amendment to the Constitution that Congress is required to make."
Mr. Lane expressed his opinion of Mr. Summer's "counter-proposition" in the following language: "It is a noble declaration, but a simple declaration, a paper bullet that kills no one, and fixes and maintains the rights of no one."
Of Mr. Henderson's proposition, he said: "It is a simple amendment to the Constitution of the United States, that no one shall be excluded from the exercise of the right of suffrage on account of race or color. That begins at the right point. The only objection to it is, that its operation can not be immediate, and in the mean time the rebels may be permitted to vote, and its adoption by the various State Legislatures is exceedingly doubtful. I should not doubt, however, that we might secure its adoption by three-fourths of the loyal States who have never seceded; and I believe that whenever that question is presented, the Supreme Court of the United States will determine that a ratification by that number of States is a constitutional approval of an amendment so as to make it the supreme law of the land. I have no doubt about it.
"If the rebel States are to be organized immediately, the only question is whether the right of suffrage shall be given to rebel white men or loyal black men. The amendment of the Senator from Missouri meets that issue squarely in the face. Whatsoever I desire to do I will not do by indirection. I trust I shall always be brave enough to do whatsoever I think my duty requires, directly and not by indirection."
Mr. Lane, with several other Western Senators, had been counted as opposed to negro suffrage, hence his advocacy of the principle gave much strength to those who desired to take a position in advance of the proposition of the committee.
In reply to an oft-reiterated argument that a war of races would result from allowing suffrage to the negro, Mr. Lane remarked: "If you wish to avoid a war of races, how can that be accomplished? By doing right; by fixing your plan of reconstruction upon the indestructible basis of truth and justice. What lesson is taught by history? The grand lesson is taught there that rebellions and insurrections have grown out of real or supposed wrong and oppression. A war of races! And you are told to look to the history of Ireland, and to the history of Hungary. Why is it that revolution and insurrection are always ready to break out in Hungary? Because, forsooth, the iron rule of Austria has stricken down the natural rights of the masses. It is a protest of humanity against tyranny, oppression, that produces rebellion and revolution. So in the bloody history of the Irish insurrections. Suppose the English Parliament had given equal rights to the Irish, had enfranchised the Catholics in Ireland in the reign of Henry VIII, long ere this peace and harmony would have prevailed between England and Ireland. But the very fact that a vast portion of a people are disfranchised sows the seeds of continual and ever-recurring revolution and insurrection. It can not be otherwise. These insurrections and revolutions, which are but the protest of our common humanity against wrong, are one of the scourges in the hands of Providence to compel men to do justice and to observe the right. It is the law of Providence, written upon every page of history, that God's vengeance follows man's wrong and oppression, and it will always be so. If you wish to avoid a war of races, if you wish to produce harmony and peace among these people, you must enfranchise them all."
On the following day, February 9th, Mr. Johnson, of Maryland, occupied the time devoted by the Senate to a consideration of this question with a speech against the proposed amendment of the Constitution. Mr. Johnson said that when the Constitution was framed there was no such objection to compromising as now existed in the minds of some Senators. "The framers of the Constitution came to the conclusion that the good of the country demanded that there should be a compromise, and they proposed, as a compromise, the provision as it now stands; and that is, that, for the purposes of representation, a person held in slavery, or in involuntary servitude, shall be esteemed three-fifths of a man and two-fifths property; and they established the same rule in relation to taxation. They very wisely concluded that, as it was all-important that some general rule should be adopted, this was the best rule, because promising more than any other rule to arrive at a just result of ascertaining the number of Representatives and ascertaining the quota of taxation."
Mr. Johnson did not think that the North needed such a provision as this amendment to render her able to cope with Southern statesmanship in Congress: "Are not the North and the statesmen of the North equal to the South and the statesmen of the South on all subjects that may come before the councils of the nation? What is there, looking to the history of the two sections in the past, which would lead us to believe that the North is inferior to the South in any thing of intellectual improvement or of statesmanship? You have proved—and I thank God you have proved—that if listening to evil counsels, rendered effective, perhaps, by your own misjudged legislation, and by the ill-advised course of your own population, exhibited through the press and the pulpit, a portion of the South involved the country in a war, the magnitude of which no language can describe—you have proved yourselves, adequate to the duty of defeating, them in their mad and, as far as the letter of the Constitution is concerned, their traitorous purpose. And now, having proved your physical manhood, do you doubt your intellectual manhood? Mr. President, in the presence in which I speak, I am restrained from speaking comparatively of the Senate as it is and the Senate as it has been; but I can say this, with as much sincerity as man ever spoke, that there is nothing to be found in the free States calculated to disparage them properly in the estimation of the wise and the good. They are able to conduct the Government, and they will not be the less able because they have the advice and the counsels of their Southern brethren."
In answer to the position that the Southern States were not possessed of a republican form of government, Mr. Johnson remarked: "Did our fathers consider that any one of the thirteen States who finally came under the provisions of that Constitution, and have ever since constituted a part of the nation, were not living under republican forms of government? The honorable member will pardon me for saying that to suppose it is to disparage the memory of those great and good men. There was not a State in the Union when the Constitution was adopted that was republican, if the honorable member's definition of a republican government is the one now to be relied upon. A property qualification was required in all at that time. Negroes were not allowed to vote, although free, in most of the States. In the Southern States the mass of the negroes were slaves, and, of course, were not entitled to vote. If the absence of the universal right of suffrage proves that the Government is not republican, then there was not a republican government within the limits of the United States when the Constitution was adopted; and yet the very object of the clause to guarantee a republican government—and the honorable member's citations prove it—was to prevent the existing governments from being changed by revolution. It was to preserve the existing governments; and yet the honorable member would have the Senate and the country believe that, in the judgment of the men who framed the Constitution, there was not a republican form of government in existence.
"The definition of the honorable member places his charge of antirepublicanism as against the present forms of constitution upon the ground of the right to vote. I suppose the black man has no more natural right to vote than the white man. It is the exclusion from the right that affects the judgment of the honorable member from Massachusetts. Voting, according to him, is a right derived from God; it is in every man inalienable; and its denial, therefore, is inconsistent and incompatible with the true object of a free government. If it be such a right, it is not less a right in the white man than in the black man; it is not less a right in the Indian than in the white man or the black man; it is not less a right in the female portion of our population than in the male portion. Then the honorable member from Massachusetts is living in an anti-republican government, and he ought not to stay there a moment if he can find any government which would be a government according to his theory. None has existed since the world commenced, and it is not at all likely that any will exist in all time to come; but if there is any such government to be found on the face of the earth, let him leave Massachusetts, let him hug that angelic delusion which he hopes will encircle the whole world, and go somewhere, where he can indulge it without seeing before him every day conclusive evidence that no such illusion exists at home. Leave Massachusetts, I beg the honorable member, just as soon as you can, or you will never be supremely happy."
In conclusion, Mr. Johnson remarked, referring to the recent rebels: "Let us take them to our bosom, trust them, and as I believe in my existence, you will never have occasion to regret it. You will, if the event occurs, look back to your participation in it in future time with unmingled delight, because you will be able to date from it a prosperity and a national fame of which the world furnishes no example; and you will be able to date from, it the absence of all cause of differences which can hereafter exist, which will keep us together as one people, looking to one destiny, and anxious to achieve one renown."
On Tuesday, February 13th, the Senate resumed the consideration of the Basis of Representation. Mr. Summer proposed to amend the proviso recommended by the committee—"all persons therein of such race or color shall be excluded from the basis of representation"—by adding the words "and they shall be exempt from taxation of all kinds."
Mr. Henderson, of Missouri, occupied the attention of the Senate, during a considerable part of this and the following day, in a speech against the proposition of the Committee of Fifteen, which he considered a compromise, surrendering the rights of the negro out of the hands of the General Government into the hands of States not fit to be intrusted with them. In favor of his own amendment prohibiting the States from disfranchising citizens on the ground of color, Mr. Henderson said: "I propose to make the State governments republican in fact, as they are in theory. The States now have the power and do exclude the negroes for no other reason than that of color. If the negro is equally competent and equally devoted to the Government as the Celt, the Saxon, or the Englishman; why should he not vote? If he pays his taxes, works the roads, repels foreign invasion with his musket, assists in suppressing insurrections, fells the forest, tills the soil, builds cities, and erects churches, what more shall he do to give him the simple right of saying he must be only equal in these burdens, and not oppressed? My proposition is put in the least offensive form. It respects the traditionary right of the States to prescribe the qualifications of voters. It does not require that the ignorant and unlettered negro shall vote. Its words are simply that 'no State, in prescribing the qualifications requisite for electors therein, shall discriminate against any person on account of color or race.' The States may yet prescribe an educational or property test; but any such test shall apply to white and black alike. If the black man be excluded because he is uneducated, the uneducated white man must be excluded too. If a property test be adopted for the negro, as in New York, the same test must apply to the white man. It reaches all the States, and not a few only, in its operation. I confess that, so far as I am personally concerned, I would go still further and put other limitations on the power of the States in regard to suffrage; but Senators have expressed so much distrust that even this proposition can not succeed, I have concluded to present it in a form the least objectionable in which I could frame it. It will be observed that this amendment, if adopted, will not prevent the State Legislatures from fixing official qualifications. They may prevent a negro from holding any office whatever under the State organization. It is a singular fact, however, that to-day, under the Federal Constitution, a negro may be elected President, United States Senator, or a member of the lower branch of Congress. In that instrument no qualification for office is prescribed which rejects the negro. The white man, not native born, may not be President, but the native-born African may be. The States, however, may, in this respect, notwithstanding this amendment, do what the Federal Constitution never did."
Mr. Henderson closed his speech with the following words: "The reasons in favor of my proposition are inseparably connected with all I have said. I need not repeat them. Every consideration of peace demands it. It must be done to remove the relics of the rebellion; it must be done to pluck out political disease from the body politic, and restore the elementary principles of our Government; it must be done to preserve peace in the States and harmony in our Federal system; it must be done to assure the happiness and prosperity of the Southern people themselves; it must be done to establish in our institutions the principles of universal justice; it must be done to secure the strongest possible guarantees against future wars; it must be done in obedience to that golden rule which insists upon doing to others what we would that others should do unto us; it must be done if we would obey the moral law that teaches us to love our neighbors as ourselves; in fine, it must be done to purify, strengthen, and perpetuate a Government in which are now fondly centered the best hopes of mankind."
Mr. Clark, of New Hampshire, addressed the Senate on the pending measure. He made the following interesting historical statements: "As the traveler who has passed a difficult road, when he comes to some high hill looks back to see the difficulties which he has passed, I turn back, and I ask the Senator to turn back, to consider what occurred, as I say, about six years ago. In the session of 1859-60, in the old Senate-chamber, a bill was brought into the Senate of the United States by the then Senator from Mississippi [Mr. Brown], who was chairman of the Committee on the District of Columbia, a place which my friend from Maine [Mr. Morrill] now so worthily fills—a bill in aid of the education of the children of this District. The bill proposed to grant certain fines and forfeitures to the use of the schools, and also proposed to tax the people ten cents on every hundred dollars of the property in this District for the purpose of educating the children. That bill proposed to tax the white man and the black man alike; and fearing that the property of the black man would be taxed to educate the child of the white man, I proposed an amendment to the bill, that the tax collected from the black man should go to educate the black man's child.
"There was also a further provision of the bill, that if the District raised a certain amount of money for the education of the children, the Government of the United States would appropriate a like amount from the Treasury. If, for instance, you raised $20,000 by taxes on the people in the District, the Government should pay $20,000 more, to be added to it for the education of the children of the District. I moved the amendment that no child whose father paid any portion of that tax for the education of the children should be excluded from the benefit of it, be he white or black; but that there might be no inconvenience felt, I agreed to an amendment that the black child should not be put into the same school with the white child, but that they should be educated in different schools to be provided for them; but if the black man paid for educating the children of the District, his child should be educated. There was at once an outcry, 'Why, this is social equality of the two races; this is political equality;' and they would not consent that the black child should be educated, even with the money of the black father. That amendment was declared to be carried in the Senate of the United States, and after declaring it was carried, the Senate adjourned, and after the adjournment, the chairman of that committee, Mr. Brown, appealed to me personally if I would not withdraw it. I said to him, 'No, I would never withdraw it; if you tax the black man, the black man should have a part of the money that you raise from him to educate his child.'