History of the Thirty-Ninth Congress of the United States Part 28

"Now, I will not go into the abstract question whether they ought to enfranchise the negroes at once or not; I will not go into the question of how soon they ought to do it as a matter of expediency; I say that, in all human probability, when they come to enfranchise, if they do it at all, this portion of their population, they will do it gradually; yet, by this amendment, as it comes from the committee, you say that they shall not be represented for any part of it at all till they completely enfranchise them and put them on the same footing with the white population."

In conclusion, Mr. Schenck remarked: "New England, if she should even lose a vote, or two votes, or a fraction of a vote, can not afford, any more than Ohio or Indiana, or any other of those States can, having these particular objections to the scheme, to let the opportunity go by now and not introduce a general amendment which will remedy the one great evil under which we are all laboring together. I hold that Ohio must give up her objections on account of her negro population; that the North-western States must give up their objections on account of the fact that they are permitting persons to vote who are not yet citizens of the United States. Those persons would have to wait, 'to tarry at Jericho until their beards are grown,' I hold that New England must give up her objections; and, if we are to amend the organic law at all, we must do it by uniting upon a common principle, a common sympathy, a common feeling, at least on this side of the House, upon which the entire responsibility is thrown, acting harmoniously, and adopting such an amendment to the organic law as shall be entirely democratic and fair in all its scope and action upon all the people of the States of this Union."

The discussion was continued on the day following, Mr. Eldridge, of Wisconsin, having the floor for the first speech. After having expressed his satisfaction that the sun was allowed to go down on the deliberations upon this resolution, he confessed himself opposed to the amendment of the Const.i.tution. He said: "I believe that this is not the time for its amendment, and I believe, further, that there are other States than those represented upon this floor which are ent.i.tled to deliberate with us on that question, and to that point I shall mainly address the remarks which I have to make at this time."

He made a protracted speech on the general subject of reconstruction.

At the close of his remarks, he said: "It would much more comport with the dignity and sense of justice of the American Congress to let the legally elected members from the Southern States be admitted, and partic.i.p.ate in the proceedings and debates, especially in matters of so great importance as a change in our organic law. Let us have a representation for our whole country. Wherever the American flag floats, from the St. Lawrence to the Gulf of Mexico--wherever the Star-spangled Banner waves--that is our country. And let us legislate as Americans, as Representatives of our whole country, in a spirit of justice, liberality, and patriotism, and we will again have one country."

Mr. Higby, of California, was opposed to the joint resolution from the fact that the proviso in the proposed amendment is in conflict with that portion of the Const.i.tution which requires that "the United States shall guarantee to every State in this Union a republican form of government." "I say it," said he, "without fear or favor, that that amendment will allow any State government in its organization to exclude one-half of its population from the right of suffrage; and I say such State governments will not be republican in form."

In a conversation which ensued with some members, Mr. Higby maintained that no State excluding any cla.s.s of citizens on account of race or color was republican in form. "I do not believe," said he, "there is a single State in the Union, except it may be one of the New England States, which is an exception to that general rule."

Mr. Hill, of Indiana, asked whether the gentleman would favor the House with his opinion as to what would be a republican form of government.

Mr. Higby was sorry that the gentleman had lived to his time of life, and obtained a position as the Representative of a large const.i.tuency, without finding out what a republican form of government is. "I will ask the gentleman," said he, "if he thinks that those States that have excluded and disfranchised more than half of their native population have a republican form of government?"

"In my opinion," said Mr. Hill, "when the framers of the Const.i.tution placed in that instrument the declaration or the provision that the Government of the United States would guarantee to each State a republican form of government, they spoke with reference to such governments as then existed, and such as those same framers recognized for a long time afterward as republican governments."

"Well, that is a very good answer," said Mr. Higby. "It is an answer from a stand-point seventy-five years ago. I speak from the stand-point of the present time."

Mr. Higby desired that the joint resolution should go back to the committee. He said: "I do not wish it disposed of here, to be voted down. I want, if it is possible, that it shall be so framed that it shall receive the full const.i.tutional majority required, and be a proposition that shall operate with full force in all those States that now have a great population excluded from the rights of citizens.h.i.+p."

"If the gentleman proposes," said Mr. Stevens, "to send it back to the committee without instructions, I would ask him what we are to do.

There are not quite as many views upon this floor as there are members; but the number lacks very little of it. And how are we to gather up all those views spread through all this discussion, and accommodate all, when each view would now probably receive from one to three votes in its favor?"

"I have only this to say," replied Mr. Higby: "with my views of the Const.i.tution, I never can vote for this proposition with this proviso in its present language. I say that it gives a power to the States to make governments that are not republican in form."

"I say to my friend," said Mr. Stevens, "that if I thought, that by any fair construction of language, such an interpretation could be given as he gives, I would vote against it myself; but I do not believe there is any thing in that objection."

Mr. Bingham took the floor in favor of the proposed joint resolution.

In "giving this and other amendments to the Const.i.tution my support,"

said he, "I do not subject myself to the gratuitous imputation of a want of reverence either for the Const.i.tution or its ill.u.s.trious founders. I beg leave, at all events, to say, with all possible respect for that gentleman, that I do not recognize the right of any man upon this floor, who was a representative of that party which denied the right to defend the Const.i.tution of his country by arms against armed rebellion, to become my accuser.

"In seeking to amend, not to mar, the Const.i.tution of the United States, we ought to have regard to every express or implied limitation upon our power imposed by that great instrument. When gentlemen object to amending the Const.i.tution, when they talk sneeringly about tinkering with the Const.i.tution, they do not remember that it is one of the express provisions of that instrument that Congress shall have power to propose amendments to the Legislatures of the several States.

Do gentlemen mean, by the logic to which we have listened for the past five days on this subject of our right to amend, that we are not to add any thing to the Const.i.tution, and that we are to take nothing from it? I prefer to follow, in this supreme hour of the nation's trial, the lead of a wiser and n.o.bler spirit, who, by common consent, was called, while he lived, 'the Father of his Country,' and, now that he is dead, is still reverenced as 'the Father of his Country,' and to be hailed, I trust, by the millions of the future who are to people this land of ours as 'the Father of his Country.' In his Farewell Address, his last official utterance, Was.h.i.+ngton used these significant words, which I repeat to-day for the consideration of gentlemen: "The basis of our political systems is the right of the people to make and to alter their const.i.tutions of government.' We propose, sir, simply to act in accordance with this suggestion of Was.h.i.+ngton. We propose, in presenting these amendments, to alter, in so far as the changed condition of the country requires, the fundamental law, in order to secure the safety of the republic and furnish better guarantees in the future for the rights of each and all.

"The question that underlies this controversy is this: whether we will stand by the Const.i.tution in its original intent and spirit, or, like cravens, abandon it. I a.s.sert it here to-day, without fear of contradiction, that the amendment pending before this House is an amendment conforming exactly to the spirit of the Const.i.tution, and according to the declared intent of its framers.

"My friend from California [Mr. Higby] has informed us that there are one hundred thousand more free colored citizens of the United States in the State of Mississippi to-day than there are of white citizens; that there are one hundred thousand more free colored citizens of the United States in South Carolina than there are of white citizens; and then we are gravely told that we must not press this amendment, because we are abandoning the Const.i.tution and the intent of our fathers. That is a new discovery, one for which the Democracy ought to take out letters patent, that it was ever intended that a minority of free citizens should disfranchise the majority of free male citizens, of full age, in any State of the Union! For myself, I will never consent to it."

In answer to the objection that the proviso in the proposed amendment seemed to acknowledge the right to deny or abridge the elective franchise on account of race or color, Mr. Bingham said: "I beg the gentleman to consider that a grant of power by implication can not be raised by a law which only imposes a penalty, and nothing but a penalty, for a non-performance of a duty or the violation of a right.

Within the last hundred years, in no country where the common law obtains, I venture to say, has any implication of a grant of power ever been held to be raised by such a law, and especially an implied power, to do an act expressly prohibited by the same law. The guarantee of your Const.i.tution, that the people shall elect their Representatives in the several States, can not be set aside or impaired by inserting in your Const.i.tution, as a penalty for disregarding it, the provision that the majority of a State that denies the equal rights of the minority shall suffer a loss of political power.

"I have endeavored to show that the words of the Const.i.tution, 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 Const.i.tution 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 Const.i.tution to their free male fellow-citizens of full age.

"The guarantee in the first article of the second section of the Const.i.tution, 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 cla.s.s 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 Const.i.tution 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 statesmans.h.i.+p 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 Const.i.tution 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 Const.i.tution. I pray the Congress of the United States to propose to the people all needful amendments to the Const.i.tution, 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 const.i.tutional 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 Const.i.tution. But the term 'color' is nowhere defined in the Const.i.tution 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 Const.i.tution. "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 Const.i.tution that no man who had raised his hand against the flag should ever be allowed to partic.i.p.ate 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 Const.i.tution 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 Const.i.tution, 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 cla.s.s 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. Ka.s.son, 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 Const.i.tution.

"Pending that motion, the gentleman from Pennsylvania [Mr. Kelley]

moved an entirely new proposition in the nature of a subst.i.tute for the joint resolution reported from the joint committee, proposing an amendment to the Const.i.tution 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 subst.i.tute 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 Ma.s.sachusetts [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 subst.i.tutes will come up for consideration; first the amendment to the amendment, proposed by the gentleman from Illinois, [Mr. Baker,] and next the subst.i.tute 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 Const.i.tution. 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 const.i.tutional 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 const.i.tutional 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 const.i.tutional 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 disfranchis.e.m.e.nt 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 Const.i.tution 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 p.r.o.nounce 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 owners.h.i.+p 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 const.i.tutional 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 Const.i.tution.