CHAPTER XIV.

THE BASIS OF REPRESENTATION--IN THE HOUSE.

First work of the Joint Committee -- The joint resolution

proposing a constitutional amendment -- Mr. Stevens' reasons

for speedy action -- Protracted discussion commenced --

Objections to the bill by Mr. Rogers -- Defense by Mr.

Conkling -- Two other modes -- How States might evade the

Law -- Not a finality -- Wisconsin and South Carolina --

Amendment for Female Suffrage proposed -- Orth on Indiana

and Massachusetts -- Obscuration of the sun -- More Radical

remedy desired -- A Kentuckian gratified -- Citations from

the Census -- Premium for Treason -- White Slaves -- Power

to amend well-nigh exhausted -- Objections to the Suffrage

Basis -- "Race" and "Color" ambiguous -- Condition of the

Question -- Recommitted -- Final passage.

Although the Joint Committee of Fifteen were assiduous in their

attention to the work assigned them, it was not until the 22d of

January, 1866, that they were ready to make a partial report and

recommend a practical measure for the consideration of Congress.

On that day Mr. Fessenden, of the Senate, and Mr. Stevens, of the

House of Representatives, brought before those bodies respectively a

partial report from the committee, recommending the passage of the

following joint resolution:

_Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled_, (two-thirds

of both houses concurring,) That the following article be

proposed to the Legislatures of the several States as an

amendment to the Constitution of the United States, which,

when ratified by three-fourths of the said Legislatures,

shall be valid as part of said Constitution, namely:

ARTICLE--. Representatives and direct taxes shall be

apportioned among the several States which may be included

within this Union according to their respective numbers,

counting the whole number of persons in each State,

excluding Indians not taxed: _Provided_, 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.

In the Senate this subject was laid over, and was not reached for

several days, as the Freedmen's Bureau Bill was then under discussion.

The subject was pressed upon the attention of the House for immediate

action. Mr. Stevens had no intention to make a speech, since the

question had been under consideration by every member for the last six

weeks. He remarked, however: "There are twenty-two States whose

Legislatures are now in session, some of which will adjourn within two

or three weeks. It is very desirable, if this amendment is to be

adopted, that it should go forth to be acted upon by the Legislatures

now in session. It proposes to change the present basis of

representation to a representation upon all persons, with the proviso

that wherever any State excludes a particular class of persons from

the elective franchise, that State to that extent shall not be

entitled to be represented in Congress. It does not deny to the States

the right to regulate the elective franchise as they please; but it

does say to a State, 'If you exclude from the right of suffrage

Frenchmen, Irishmen, or any particular class of people, none of that

class of persons shall be counted in fixing your representation in

this House. You may allow them to vote or not, as you please; but if

you do allow them to vote, they will be counted and represented here;

while if you do not allow them to vote, no one shall be authorized to

represent them here; they shall be excluded from the basis of

representation.'"

As indicative of the apparent harmony of sentiments prevailing on the

question, Mr. Wilson said that the Committee on the Judiciary had

determined to report a proposition substantially identical with that

offered by Mr. Stevens.

It was deemed important to have the joint resolution passed as soon as

possible, that it might go before the State Legislatures then in

session for their ratification before their adjournment. The member

who had the measure in charge desired, after one or two speeches on

either side, to have the question put to vote, and have the resolution

passed before the sun went down. Such action, however, seemed to the

House too hasty, and a discussion of the measure was entered upon,

which ran through many days.

Mr. Rogers, a member of the committee, offered a minority report, and

addressed the House in opposition to the proposed amendment of the

Constitution. He thus presented his view of the object of the measure

proposed: "It appears to have in its body, in its soul, and in its

life only one great object and aim; that is, to debase and degrade the

white race, and to place upon a higher footing than the white men are

placed, under the Constitution, this African race. It is a proposition

to change the organic law of the land with regard to one of the

fundamental principles which was laid down by our fathers at the

formation of the Constitution as an axiom of civil and political

liberty, that taxation and representation should always go together.

If gentlemen will examine this proposed amendment of the Constitution,

they will see that it is in violation of that great doctrine which was

proclaimed by the fathers of the republic when they enunciated the

Declaration of Independence, and protested against the tyranny and

despotism of England, because she attempted to tax the people of the

colonies without allowing them representation in the councils of the

kingdom. The amendment now under consideration proposes the very same

identical thing that the Parliament of England proposed when it

attempted to inflict upon the American colonies taxation without

allowing the people of the colonies to have representatives in the

Parliament of England to represent them upon the question whether they

should be taxed by the mother country or not.

"The first objection I have to the passage of this joint resolution

is, that it is violative of the main principle upon which the

Revolutionary War was conducted, and which induced our fathers to

enter the harbors of Boston and New York and throw the tea into the

water. Because the British people attempted to inflict taxation upon

them with regard to that tea, and refused to allow them representation

in the Parliament of England, our fathers rebelled against their

mother country. What has come over the fortunes and happiness of the

people of this country that the great principle of the Constitution

should now be violated, that principle for which our fathers spilt

their blood to sustain, the great axiom of American liberty, that

taxation never should be imposed upon a people unless that people have

a corresponding representation? If this amendment to the Constitution

should be carried into effect, it will prevent any State, North or

South, from allowing qualified suffrage to its colored population,

except upon forfeiture of representation; and if qualified suffrage

should be allowed to the colored population of any State in this

Union, on account of race of color, and but one single negro should be

deprived of his vote by failure to meet the requirements of the

qualification imposed, that State would be denied representation for

the whole of that colored population--men, women, and children.

"More than that: this bill attempts, in an indirect manner, to have

passed upon, by the Legislatures of the different States, a question

which the party in power dare not boldly and openly meet before the

people of this country, because there can be but one object lying at

the foundation of this bill--an object which has been explained and

expatiated upon in this House--and that object, as I have said, is,

through the Federal power, to force the States to adopt unqualified

negro suffrage, by holding over them the penalty of being deprived of

representation according to population.

"But I object to this joint resolution upon another ground--upon the

same ground that I objected to the passage of the Negro Suffrage Bill

for the District of Columbia--without consulting the people. It has

been said in this country that all power emanates from the people. And

I say that to submit this grave question to the consideration and

decision of partisan Legislatures in the different States--Legislatures

which were elected without any regard to this question--is violative

of the great principles which lie at the foundations of the liberties

of this country; that no organic law, affecting the whole people,

should be passed before submitting it to the people for their

ratification or rejection. Now this joint resolution proposes simply

to submit this amendment for ratification to the Legislatures of the

different States. The Legislatures are not the States; the

Legislatures are not the people in their sovereign capacity;

Legislatures are not the source from which all power emanates. But the

people, the _sacred people_, in the exercise of their sovereign power,

either at the ballot-box or in conventions, are the only true and

proper forum to which such grave and serious questions should be

submitted.

"I maintain that the Constitution of the United States, as it now

exists, is not as liberal toward the Southern States, now that slavery

has been abolished, as it was before the abolition of slavery. Why,

sir, in the days of the past, under our Constitution, the Southern

States have been allowed a representation for a population that was

not classed as citizens or people; they were allowed a representation

for people who had no political _status_ in the State; persons who

were not entitled even to exercise the right of coming into a court of

civil justice as a plaintiff or defendant in the prosecution or

defense of a suit.

"Now, after the raging fires of war have swept from the domain of

every State in the South the pernicious institution of slavery; after

the result has been that every slave has received his freedom; after

the slaves have gained more by the success of this war than any other

class of people in the United States, white men, men who are the

representatives of the white race, come here proposing to compel the

States, on pain of being deprived of a portion of their

representation, to allow all the negroes within their limits to vote,

without regard to qualification or any thing else, while under the

same provision the State may, by its organic law, impose

qualifications and conditions upon the exercise of the right of

suffrage by the white population. The proposed amendment to the

Constitution undertakes to consolidate the power in the Federal

Government. It throws out a menace to the States, and the inevitable

result of the passage would be to induce every State in the Union to

adopt unqualified negro suffrage, so as not to deprive them of the

great and inestimable right of representation for that class of

population in the halls of the legislation of the United States."

Mr. Conkling, also a member of the Reconstruction Committee, made an

argument in favor, of the proposed amendment: "Emancipation vitalizes

only natural rights, not political rights. Enfranchisement alone

carries with it political rights, and these emancipated millions are

no more enfranchised now than when they were slaves. They never had

political power. Their masters had a fraction of power as masters. But

there are no masters now. There are no slaves now. The whole

relationship in which the power originated and existed is gone. Does

this fraction of power still survive? If it does, what shall become of

it? Where is it to go?

"We are told the blacks are unfit to wield even a fraction of power,

and must not have it. That answers the whole question. If the answer

be true, it is the end of controversy. There is no place, logically,

for this power to go, save to the blacks; if they are unfit to have

it, the power would not exist. It is a power astray, without a

rightful owner. It should be resumed by the whole nation at once. It

should not exist; it does not exist. This fractional power is

extinct.

"A moral earthquake has turned fractions into units, and units into

ciphers. If a black man counts at all now, he counts five-fifths of a

man, not three-fifths. Revolutions have no such fractions in their

arithmetic; war and humanity join hands to blot them out. Four

millions, therefore, and not three-fifths of four millions, are to be

reckoned in here now, and all these four millions are, and are to be,

we are told, unfit for political existence.

"Did the framers of the Constitution ever dream of this? Never, very

clearly. Our fathers trusted to gradual and voluntary emancipation,

which would go hand in hand with education and enfranchisement. They

never peered into the bloody epoch when four million fetters would be

at once melted off in the fires of war. They never saw such a vision

as we see. Four millions, each a Caspar Hauser, long shut up in

darkness, and suddenly led out into the full flash of noon, and each,

we are told, too blind to walk, politically. No one foresaw such an

event, and so no provision was made for it. The three-fifths rule gave

the slaveholding States, over and above all their just representation,

eighteen Representatives beside, by the enumeration of 1860.

"The new situation will enable those States, when relationships are

resumed, to claim twenty-eight Representatives beside their just

proportion. Twenty-eight votes to be cast here and in the Electoral

College for those held not fit to sit as jurors, not fit to testify in

court, not fit to be plaintiff in a suit, not fit to approach the

ballot-box! Twenty-eight votes to be more or less controlled by those

who once betrayed the Government, and for those so destitute, we are

assured, of intelligent instinct as not to be fit for free agency!

"Shall all this be? Shall four million beings count four millions, in

managing the affairs of the nation, who are pronounced by their

fellow-beings unfit to participate in administering government in the

States where they live, or in their counties, towns, or precincts; who

are pronounced unworthy of the least and most paltry part in local

political affairs? Shall one hundred and twenty-seven thousand white

people in New York cast but one vote in this House, and have none but

one voice here, while the same number of white people in Mississippi

have three votes and three voices? Shall the death of slavery add

two-fifths to the entire power which slavery had when slavery was

living? Shall one white man have as much share in the Government as

three other white men merely because he lives where blacks outnumber

whites two to one? Shall this inequality exist, and exist only in

favor of those who without cause drenched the land with blood and

covered it with mourning? Shall such be the reward of those who did

the foulest and guiltiest act which crimsons the annals of recorded

time? No, sir; not if I can help it."

Two other modes of meeting the case had been considered by the

committee, namely: _First_, To make the basis of representation in

Congress and the Electoral College consist of sufficiently qualified

voters alone; _Second_, To deprive the States of the power to

disqualify or discriminate politically on account of race or color.

After presenting some reasons why the committee saw proper to

recommend neither of these plans, Mr. Conkling further argued in favor

of the proposed amendment: "It contains but one condition, and that

rests upon a principle already imbedded in the Constitution, and as

old as free government itself. That principle I affirmed in the

beginning; namely, that representation does not belong to those who

have not political existence, but to those who have. The object of the

amendment is to enforce this truth. It therefore provides that

whenever any State finds within its borders a race of beings unfit for

political existence, that race shall not be represented in the Federal

Government. Every State will be left free to extend or withhold the

elective franchise on such terms as it pleases, and this without

losing any thing in representation if the terms are impartial as to

all. Qualifications of voters may be required of any kind--qualifications

of intelligence, of property, or of any sort whatever, and yet no loss

of representation shall thereby be suffered. But whenever in any

State, and so long as a race can be found which is so low, so bad, so

ignorant, so stupid, that it is deemed necessary to exclude men from

the right to vote merely because they belong to that race, in that

case the race shall likewise be excluded from the sum of Federal power

to which the State is entitled. If a race is so vile or worthless that

to belong to it is alone cause of exclusion from political action, the

race is not to be counted here in Congress."

Mr. Conkling maintained that the pending proposition commended itself

for many reasons. "_First._ It provides for representation coëxtensive

with taxation. I say it provides for this; it does not certainly

secure it, but it enables every State to secure it. It does not,

therefore, as the gentleman from New Jersey [Mr. Rogers] insists,

violate the rule that representation should go with taxation. If a

race in any State is kept unfit to vote, and fit only to drudge, the

wealth created by its work ought to be taxed. Those who profit by such

a system, or such a condition of things, ought to be taxed for it. Let

them build churches and school-houses, and found newspapers, as New

York and other States have done, and educate their people till they

are fit to vote. 'Fair play,' 'A fair day's wages for a fair day's

work,' 'Live and let live'--these mottoes, if blazoned over the

institutions of a State, will insure it against being cursed for any

length of time with inhabitants so worthless that they are fit only

for beasts of burden. I have said that the amendment provides for

representation going hand in hand with taxation. That is its first

feature.

"_Second._ It brings into the basis both sexes and all ages, and so it

counteracts and avoids, as far as possible, the casual and

geographical inequalities of population.

"_Third._ It puts every State on an equal footing in the requirement

prescribed.

"_Fourth._ It leaves every State unfettered to enumerate all its

people for representation or not, just as it pleases.

"Thus every State has the sole control, free from all interference, of

its own interests and concerns. No other State, nor the General

Government, can molest the people of any State on the subject, or even

inquire into their acts or their reasons, but all the States have

equal rights. If New York chooses to count her black population as

political persons, she can do so. If she does not choose to do so, the

matter is her own, and her rights can not be challenged. So of South

Carolina. But South Carolina shall not say, 'True, we have less than

three hundred thousand "persons" in this State, politically speaking,

yet we will have, in governing the country, the power of seven hundred

thousand persons.'

"The amendment is common to all States and equal for all; its

operation will, of course, be practically only in the South. No

Northern State will lose by it, whether the Southern States extend

suffrage to blacks or not. Even New York, in her great population, has

so few blacks that she could exclude them all from enumeration and it

would make no difference in her representation. If the amendment is

adopted, and suffrage remains confined as it is now, taking the census

of 1860 as the foundation of the calculation, and the number of

Representatives as it then stood, the gains and losses would be these:

Wisconsin, Indiana, Illinois, Michigan, Ohio, Pennsylvania,

Massachusetts, New Jersey, and Maine would gain one Representative

each, and New York would gain three; Alabama, Kentucky, North

Carolina, South Carolina, and Tennessee would each lose one; Georgia,

Louisiana, and Virginia would each lose two, and Mississippi would

lose three."

On the following day, January 23d, the proposed joint resolution came

up in the regular order of business.

Mr. Jenckes, of Rhode Island, feared that a construction might be put

upon the bill which would be fatal to its efficiency for the purposes

had in view by its friends. He said: "It says nothing about the

qualification of property. Suppose this amendment is adopted by

three-fourths of the States, and becomes a part of the fundamental law

of the land, and after its adoption the State of South Carolina should

reinstate the constitution of 1790, striking out the word 'white' and

reëstablishing the property qualification of fifty acres of land, or

town lots, or the payment of a tax, there would then be no

discrimination of color in the State of South Carolina, yet the number

of electors would not be enlarged five hundred, and the basis of

representation would be exactly as it is, with the addition of

two-fifths of the enfranchised freedmen. A Representative to this

House would be reëlected by the same voting constituency as now,

perhaps with the addition of five hundred black men in the State. If

it bears this construction, and I believe it does, I shall vote

against it.

"If any of the States should establish property qualification based

upon lands, then the same oligarchy would be enthroned on the whole

basis of representation, entitled to a larger number of

Representatives than now in this House, and elected by a slightly

enlarged number of qualified electors, giving power more firmly to

that very aristocracy we have sought to overthrow."

A number of queries were propounded, several amendments proposed, and

a considerable desire for discussion expressed, until Mr. Stevens,

much disappointed at the reception the measure met in the House,

withdrew the demand for the previous question, and left the subject

open for unlimited debate.

Mr. Blaine, of Maine, addressed the House, detailing some objections

to the measure. He said: "While I shall vote for the proposition, I

shall do so with some reluctance unless it is amended, and I do not

regret, therefore, that the previous question was not sustained. I am

egotistic enough to believe that the phraseology of the original

resolution, as introduced by me, was better than that employed in the

pending amendment. The phrase 'civil or political rights or

privileges,' which I employed, is broader and more comprehensive than

the term 'elective franchise,' for I fear, with the gentleman from

Illinois, [Mr. Farnsworth,] that under the latter phrase the most

vicious evasions might be practiced. As that gentleman has well said,

they might make suffrage depend on ownership of fifty acres of land,

and then prohibit any negro holding real estate; but no such mockery

as this could be perpetrated under the provisions of the amendment as

I originally submitted it."

In relation to taxation, Mr. Blaine remarked: "Now, I contend that

ordinary fair play--and certainly we can afford fair play where it

does not cost any thing--calls for this, namely, that if we exclude

them from the basis of representation they should be excluded from the

basis of taxation. Ever since this Government was founded, taxation

and representation have always gone hand in hand. If we shall exclude

the principle in this amendment, we will be accused of a narrow,

illiberal, mean-spirited, and money-grasping policy. More than that,

we do not gain any thing by it. What kind of taxation, is distributed

according to representation? Direct taxation. Now, we do not have any

direct taxation. There has been but twenty millions of direct taxation

levied for the last fifty years. That tax was levied in 1861, and was

not collected, but distributed among the States and held in the

Treasury Department as an offset to the war claims of the States; so

that, as a matter of fact, we are putting an offensive discrimination

in this proposition and gaining nothing by it except obloquy."

Mr. Donnelly, of Minnesota, said: "It follows, as a logical

conclusion, that if men have no voice in the National Government,

other men should not sit in this hall pretending to represent them.

And it is equally clear that an oppressed race should not lend power

to their oppressors, to be used in their name and for their

destruction. It is a mockery to say that a man's agent shall be his

enemy, and shall be appointed without his consent and against his

desire, and by other enemies.

"In fact, I can not see how any Northern man can vote against this

measure, unless he wishes to perpetuate an injustice to his section,

because the effect of it will clearly be to increase the

representation of the North and decrease that of the South; and this,

too, upon a basis of undoubted justice. It means simply that those who

do not take part in the Government shall not be represented in the

Government."

Mr. Donnelly did not, however, regard the proposed amendment as "a

grand panacea for all the ills that affect the nation." He would vote

for the law, "not as a finality, but as a partial step as one of a

series of necessary laws." Said he, "When we vote for this measure, it

must be because we think it right and necessary, not that it may

furnish us with an excuse for failing to do all other right and

necessary things expected of us by the people. We must take direct,

not sidelong measures. We must make laws, not arguments. We must

enforce, not induce.

"To pass this law and then hope that South Carolina, moved by the hope

of future power, would do justice to the negro, is absurd. She has

291,300 whites and 412,406 negroes. To pass such a law would be for

the governing power to divest itself of the government and hand it

over to a subject and despised caste, and that, too, for a faint hope

of some future advantage that might never be realized under the most

favorable circumstances, and certainly could never be realized by the

aspiring class abdicating and relinquishing power. The same is true,

more or less, of all the South. In Mississippi there are 353,901

whites, and 436,631 negroes; and in all the States the negro vote

would be large enough to turn the scale against the disloyal party."

Mr. Sloan, of Wisconsin, thus presented the practical workings of the

"Constitution as it is:" "Look at the practical operation of the

question we are discussing to-day. In the State I represent there are

eight hundred thousand free white people loyal to the Constitution,

who have done their whole duty in sustaining their Government during

this terrible war. The bones of our soldiers are moldering in the soil

of every rebel State. They have stood around our flag in the deadly

hail of every battle of the war. The State of Wisconsin has six

Representatives on this floor. South Carolina has three hundred

thousand white inhabitants, disloyal, who have done all in their power

to overthrow and destroy the Government, and yet, sir, under the

Constitution as it now stands, the three hundred thousand disloyal

white inhabitants of South Carolina will exercise as much political

power in the Government as the eight hundred thousand loyal people of

the State of Wisconsin."

Mr. Sloan called attention to a proposition which he had submitted to

the preceding Congress, providing that the right of representation

should be based upon the right of suffrage--upon the numbers allowed

the right to vote in the respective States.

In answer to a supposed objection to this plan, that "there might be

some inequality in the representation of the respective States," he

said: "We all know that the young men of the old States go out in

large numbers to settle in the new States and Territories, while the

women and children do not emigrate to so great an extent, and hence

there would be a larger number of voters in the new States in

proportion to population than in the old. And yet this is a

consideration which, in my judgment, ought not to weigh a hair with

any member on this floor. It would be only a temporary inequality. In

the rapidly increasing settlement and in the natural increase of

population of our new States, that inequality would very soon be

entirely swept away. I believe the difference to-day between

Massachusetts and Wisconsin would be very slight, if any, so rapid has

been the increase of our population and the settlement of our State.

We are now proposing to adopt an amendment to the Constitution which

we expect to stand for all time, and any temporary inequality which

could continue but for a few years ought not to have any weight."

Mr. Brooks, of New York, thought that Mr. Stevens would better "at the

start have named what are States of this Union. The opinion of the

honorable gentleman himself, that there are no States in this Union

but those that are now represented upon this floor, I know full well;

but he knows as well that the President of the United States

recognizes thirty-six States of this Union, and that it is necessary

to obtain the consent of three-fourths of those thirty-six States,

which number it is not possible to obtain. He knows very well that if

his amendment should be adopted by the Legislatures of States enough,

in his judgment, to carry it, before it could pass the tribunal of the

Executive chamber it would be obliged to receive the assent of

twenty-seven States in order to become an amendment to the

Constitution."

Mr. Brooks, in the course of his speech, presented a petition from

certain ladies of New York, asking an amendment of the Constitution,

prohibiting the several States from disfranchising any of their

citizens on the ground of sex. He then proposed to amend the joint

resolution by inserting the words "or sex" after the word "color," so

that it would read, "_Provided_, That whenever the elective franchise

shall be denied or abridged in any State on account of race or color

or sex, all persons of such race or color or sex shall be excluded

from the basis of representation."

"Is the gentleman in favor of that amendment?" asked Mr. Stevens.

"I am," replied Mr. Brooks, "if negroes are allowed to vote."

"That does not answer my question," said Mr. Stevens.

"I suggested that I would move it at a convenient time," said Mr.

Brooks.

"Is the gentleman in favor of his own amendment?" Mr. Stevens again

asked.

"I am in favor of my own color in preference to any other color, and I

prefer the white women of my country to the negro," was the response

of Mr. Brooks, which was followed by applause in the galleries.

Mr. Orth, of Indiana, obtained the floor for the purpose of offering

an amendment, which he prefaced with the following remarks: "My

position is that the true principle of representation in Congress is

that voters alone should form the basis, and that each voter should

have equal political weight in our Government; that the voter in

Massachusetts should have the same but no greater power than the voter

in Indiana; and that the voter in Indiana should have the same power,

but no greater, than the voter in the State of South Carolina. The

gentleman from Maine, however, states that the census tables will show

that by the amendment which I desire to offer at this time you will

curtail the representative power of the State of Massachusetts. And

why? Because he has shown by his figures that although Massachusetts

has a male population of 529,244, her voting population is only

175,487, being a percentage of twenty-nine, while Indiana, with a

white male population of 693,469, has a voting population of 280,655,

being about forty per cent. Why is this difference? Is it because our

voting population is so much greater in proportion than the voting

population of Massachusetts? Not at all. The difference arises from

the fact that the State of Massachusetts has seen fit to exclude a

portion of her citizens from the ballot-box. Indiana has done the same

thing. Indiana has excluded one class of citizens; Massachusetts has

excluded another class. Indiana has seen fit, for reasons best known

to herself, to exclude the colored population from the right of

suffrage; Massachusetts, on the contrary, has seen fit to exclude from

the ballot-box those of her citizens who can not read or write. While

we in Indiana are governed by a prejudice of color, the people of

Massachusetts, I might say, are governed by a prejudice as regards

ignorance. But here is the difference: under the amendment that I

propose, while Indiana excludes the black man from the right to

participate in the decisions of the ballot-box, she does not ask that

the black man shall be represented on this floor. On the contrary,

while Massachusetts excludes black and white persons who can not read

and write, she yet asks that that population excluded from the ballot

shall have representation on this floor. I regard this as wrong in

theory, wrong in principle, and injurious to the State which I have

the honor to represent, giving to Massachusetts a power upon this

floor of which my State is deprived. Why? Because the exclusion which

drives from the ballot-box in Massachusetts a large portion of her

citizens, yet admits them to representative power on this floor."

Mr. Orth's amendment proposed that Representatives should "be

apportioned among the several States according to the number of male

citizens over twenty-one years of age, having the qualifications

requisite for electors of the most numerous branch of the State

Legislature." There being objection to the reception of this amendment

under the rules of the House, it could not be considered.

Mr. Chanler, of New York, alluding to Mr. Stevens' desire to have the

joint resolution passed on the day of its introduction, before the sun

went down, said: "Sir, this measure, if passed, will tend to obscure

the sun from which the liberties of this country derive their

nourishment and life, the brilliant orb, the Constitution, whose light

has spread itself to the farthest ends of the earth. The vital

principle of that Constitution, the soul of its being, is that balance

of power between the States which insures individual liberty to every

citizen of each State, and harmony among all the States of the Union.

"I affirm, sir, that the discussion of this subject in the

Constitutional Convention of 1787 was conducted in a spirit worthy of

a great people, and resulted in the noble instrument under whose

authority we now live. That era furnishes us a sad comparison with the

present epoch, when it may well be said that our Rome has 'lost the

breed of noble bloods,' and when, so far as the agitation of these

fanatical and partisan questions is concerned, reason seems to have

'fled to brutish beasts.' How differently and with what wise

moderation did the framers of the Constitution act! No narrow and

fanatical partisanship marks their opinions or their acts."

After reading an extract from Curtis' History of the Constitution, Mr.

Chanler, contrasting former legislation with the present on the

subject of suffrage, said: "From the above historical statement, it

will be found that the framers of the Constitution considered the

question of suffrage of so vital importance in fixing the balance of

power between the States, that it was, after full discussion in

Congress by the whole body, referred to a select committee of one from

each State, again reported and fully discussed, and then referred to a

committee of five, whose thorough examination of the subject gave rise

to new difficulties, and caused the matter to be referred to another

committee of one member from each State. All differences were

compromised in a spirit of patriotism and justice. How different is

all this from the hasty partisan legislation on this very suffrage

question by the present Congress!

"A caucus met before Congress organized, and chalked out a line of

policy and action for the Republican party on the floor of Congress.

The whole matter of reconstruction was referred to a grinding

committee, whose dictation should govern Congress in every measure

brought before it for consideration. Is this wise, just, or

reasonable? I hold that this resolution is too narrow to be of use and

too weak to last. It will totter to an untimely grave, and hobble, a

feeble and contemptible instrument, from this Congress to every State

Legislature to which it may be submitted, to be rejected for its

feebleness in a time like this, amid the overwhelming issues which

agitate this country."

Mr. Farnsworth, of Illinois, remarked: "It is necessary, it seems to

me, that whatever constitutional provision we may make should be made

clear, manifest, certain. If possible, we should make it enforce

itself, so that by no cunningly-devised scheme or shift can they

nullify it. It seems to me that the resolution reported by the joint

Committee on Reconstruction is not so clear as it ought to be; I am

afraid that it will be worthless. A State may enact that a man shall

not exercise the elective franchise except he can read and write,

making that law apply equally to the whites and blacks, and then may

also enact that a black man shall not learn to read and write, exclude

him from their schools, and make it a penal offense to instruct or to

teach him, and thus prevent his qualifying to exercise the elective

franchise according to the State law. And they may do in regard to the

elective franchise just what they are doing now in regard to slavery.

They may provide that no man shall exercise the elective franchise who

has been guilty of a crime, and then they may denounce these men as

guilty of a crime for every little, imaginary, petty offense. They may

declare that no man shall exercise the right of voting who has not a

regular business or occupation by which he may obtain a livelihood,

and then they may declare that the black man has no settled occupation

and no business. It seems to me, therefore, necessary that we should,

by some provision in this amendment, settle this beyond a

peradventure, so that none of these shifts or devices may defeat the

purpose of the enactment."

Mr. Farnsworth was in favor of more radical remedies: "I protest here

that I will not accept any such constitutional amendment as this as a

substitute for that full measure of justice which it is our duty to

mete out. I will not promise that hereafter I will not propose, and

vote for, and advocate with whatever power I possess, a measure which

will give to all the people of the States that which is their due. By

no vote of mine shall there be incorporated in the Constitution a

provision which shall, even by implication, declare that a State may

disfranchise any portion of its citizens on account of race or color.

We have no right to give our countenance to any such injustice. All

provisions in reference to representation which are based upon any

other principle than that of the people of this country, who are the

subjects of government, have the right to vote and to be represented,

are false in principle. Such a measure may, perhaps, answer for a

temporary expedient, but it will not do as a fundamental rule to be

embodied in the Constitution for the people of this country to live

by. I deny that a State has the right to disfranchise a majority or

even a minority of its citizens because of class or race. And I say

that that provision of the Constitution which makes it the duty of the

General Government to 'guarantee to every State in this Union a

republican form of government' ought to be taken into consideration by

this Congress and enforced. Does a State that denies the elective

franchise to one-half of its citizens possess a republican form of

government? Where a large portion of the citizens of a State--the men

who are required to pay taxes and perform military duty, to contribute

their money and their strength in support of the Government--are

denied the elective franchise, is that a republican form of

government? I say that it is a libel upon republicanism; it is not a

republican form of government; it is neither republican in form nor in

substance."

Mr. Baker, of Illinois, although anxious to have an amendment of the

Constitution "achieving the general purpose of supplying a more just

basis of representation," saw points of objection to the proposition

before the House, some of which had been raised by previous speakers.

He said: "I am reluctant to indorse an amendment to the Constitution

framed in this day of growing liberty, framed by the party of

progress, intended to make representative power in this Government

correspond with the quantum of political justice on which it is based,

and yet which leaves any State in the Union perfectly free to narrow

her suffrage to any extent she pleases, imposing proprietary and other

disqualifying tests, and still strengthening her aristocratic power in

the Government by the full count of her disfranchised people, provided

only she steers clear of a test based on race or color."

Mr. Jenckes was desirous of having a more just and comprehensive

enactment than the one proposed: "In my judgment," said he, "justice

requires that the qualification of electors for members of this House

and for electors of President and Vice-President of the United

States--in other words, for the two popular branches of this great

Government--should be defined in the fundamental law. Upon this point

let me quote the words of Madison, written in his mature years to a

distinguished son of the republic seeking advice from him. He says:

'The right of suffrage, the rule of apportioning representation, and

the mode of appointing to and removing from office, are fundamentals

in a free government, and ought to be fixed by the Constitution.'

"Certainly, sir, it is less difficult, in a Congress composed of less

than three hundred men, to agree to a proposition which will meet the

views of the whole country on this question of suffrage than to adopt

a proposition which, when submitted to and adopted by the requisite

number of States, must be carried into effect by as many Legislatures

as there are States, and in a different manner by each, and which, in

being carried into effect, must be acted upon by as many thousands of

men in State conventions and Legislatures as there are hundreds in

this Congress.

"There is no equality, and there can be no equality, in the proposed

amendment. It seems to me, therefore, if we undertake to amend the

fundamental law at all in this respect, we ought to agree upon what

should be the qualification of voters for members of this House,

embodying them in the proposed amendments to submit to the

Legislatures of the States. Then there would be a definite

proposition; and that, I believe, if it emanated from this House,

would have substantial equality and justice--would have the elements

of equality and uniformity, and be enforced without difficulty in

every State of the Union."

Referring to a mode which might be adopted for evading the legitimate

results of the proposed amendment, Mr. Jenckes remarked: "I was

alluding to another one. Some of the Southern States, up to the

breaking out of the war, had constitutions which prescribed a property

qualification. Suppose this amendment were adopted, and the State of

South Carolina chose to annul the Constitution recently proclaimed and

to go back to that of 1790, and that the word 'white' should be

stricken out of it, I desire to ask how many freedmen, how many

persons of African descent, can be found who own in fee fifty acres of

land or a town lot, or who have paid a tax of three shillings

sterling. As far as I can ascertain from the statistics, there would

not be, if that constitution were restored and the word 'white'

omitted, over five hundred additional qualified voters in that State.

"Ever since the adoption of the Constitution of 1790 down to the time

of firing on Fort Sumter, South Carolina was in practical relation to

this Government as a State of this Union. She had been considered as

having a republican form of government, and that which we had

guaranteed as such for many years we would be bound to guarantee to

her hereafter. Stronger than ever this oligarchy would be enthroned

upon their old seat of power, not upheld merely by slaves beneath it,

but by the power of the General Government above and around it. She

might make any of the discriminations which I have suggested, of age,

of residence, of previous servitude, and of ignorance or poverty."

Mr. Trimble, of Kentucky, was "exceedingly gratified at the

disposition manifested among the party in opposition here, by reason

of their own differences of opinion, to allow an opportunity to us to

present our objections to the measure now under consideration. This

subject of amending the Constitution under which we have lived so

long, so happily, and so prosperously, is one of great moment; and

while I have some confidence in the ability and capacity of some of

the friends on the opposite side to make a constitution, yet I prefer

the Constitution as made by our fathers eighty years ago.

"In my opinion, the amendment proposed is in violation of the reserved

rights of the people of the States under that instrument. The object

and purpose of this resolution is to enfranchise a million men in this

country whom no political party in this country ever had the boldness

to propose the enfranchisement of prior to the present session of

Congress. I remember that, in 1860 and 1861, the party known in this

country as the Union party took the ground, from one end of the

country to the other, that neither Congress nor the people of the

States had the power, under the Constitution of the United States, to

interfere with slavery in the States where it existed; much less, sir,

did they claim the power not only to destroy it, but to strike down

the provisions of the Constitution that protected me and my

constituents in our right to our property. Sir, there was an amendment

submitted then for the purpose of peace, for the purpose of restoring

peace and quiet throughout the country. It met, at the time, my hearty

support, and I regret, from the bottom of my heart, that the people,

North, South, East, and West, did not agree to that proposition, and

make it part and parcel of the Constitution. I refer to the amendment

proposed in 1861, declaring that Congress should never thereafter

interfere with the question of slavery in the States.

"Sir, it is a well-established principle that no one should be

permitted to take advantage of his own wrong. If the party in power

have succeeded in freeing the slaves of the South, ought they not, at

least, to allow the Southern States to enjoy the increased

representation to which, according to the rule established by the

Constitution, they are now entitled? Or, if the Northern States

sincerely desire that the negroes of the South shall vote and shall be

represented in Congress, let them transport those negroes to the North

and take them under their guardianship; they are welcome to them.

"I believe that the people of Kentucky, whom I in part represent, and

I have no doubt the people of the whole South, will submit in good

faith to the constitutional amendment abolishing slavery. While they

may believe that the amendment is revolutionary and unjust, in

violation of the rights of Kentucky and the South, still the Southern

States, having in a way yielded up this question, for representation

and peace, they will stand by the Constitution as amended."

Finally, Mr. Trimble presented the following argument against the

measure: "This proposition is a direct attack upon the President of

the United States; it is a direct attack upon the doctrines and

principles taught by that distinguished man now holding the

presidential chair. This amendment is in violation, in my judgment, of

every principle that that man has held from his boyhood up to the

present hour. Sir, the President of the United States does not believe

that the Congress of the United States has the right, or that the

people have the right, to strike down the inalienable right of the

States to settle for themselves who shall be clothed with that high

privilege--suffrage."

The subject being resumed on the following day, January 24th, Mr.

Lawrence, of Ohio, addressed the House, premising his remarks by a

motion that the resolution and amendments be recommitted to the

Committee on Reconstruction, "with instructions to report an amendment

to the Constitution which shall, first, apportion direct taxes among

the States according to property in each; and which shall, second,

apportion Representatives among the States on the basis of adult male

voters who may be citizens of the United States."

He argued that "the rule which gave representation to three-fifths of

the slave population was wrong in principle, and unjust in practical

results. It was purely arbitrary, the result of compromise, and not of

fixed political principles, or of any standard of abstract justice. If

slavery was a just element of political strength, I know of no rule

which could properly divide it into 'fractional quantities;' if it was

not a just element of political strength, I know of no rule which

could properly give it 'fractional power.'

"The basis of representation was unjust in practical results, because

it gave to chattel slavery political power--a power accorded to no

other species of property--thus making what the slave States regarded

as wealth an element of political strength."

After having given a statistical table showing how representation was

apportioned among the several States having free and slave population,

Mr. Lawrence deduced the following facts: "New Hampshire, with a white

population of 325,579, has but three Representatives, while Louisiana,

with a white population of 357,629, had five. California, with a white

population of 323,177, has but three Representatives, while

Mississippi, with a similar population of 353,901, had five. In South

Carolina 72,847 white persons had one Representative, while the ratio

of representation is one for 127,000 persons.

"Under this mode of apportionment, the late slave States had eighteen

Representatives, by the census of 1860, more than their just share, if

based on free population. The whole political power of Ohio was

counterbalanced by slave representation. It was equal to two-thirds of

all the representation from New England. In South Carolina 14,569

votes carried as much political power as 25,400 in the free States."

Freedom having been given to the slaves, "the effect will be, so soon

as lawful State Governments are created in the rebel States, to

largely increase their representation in Congress and the Electoral

College. The slave population, by the census of 1860, was 3,950,531.

Three-fifths of this, or 2,370,318, has heretofore entered into the

basis of representation. Now, the additional 1,580,213 is to be added

to that basis. This will give ten additional Representatives to the

late slave States--in all twenty-eight more than their just proportion

upon a basis excluding the late slaves. If this injustice can be

tolerated and perpetuated, and the late rebel States shall soon be

admitted to representation, they will enjoy as the reward of their

perfidy and treason an increased political power. This will reward

traitors with a liberal premium for treason."

As to the proper time for amending the Constitution, Mr. Lawrence

said: "But if ever there could be a time for making fundamental changes

in our organic law, and ingrafting on it irreversible guarantees, that

time is now. The events of the past four years demonstrate their

necessity, and our security for the future imperatively demands them

at our hands. The great events which have transpired, and the altered

circumstances that surround us, admonish us that we will be recreant

to our trusts if we fail to inscribe justice on the Constitution, and

fortify it against the encroachments of treason, so that it shall be

eternal. One of the elements of our past misfortunes, and which gave

power for evil to the enemies who assailed us in this temple, was

unequal and unjust representation--political power wielded by a

dominant class, augmented by concessions on behalf of a disfranchised

and servile race, insultingly declared almost in the very citadel of

national justice as having no rights which a white man was bound to

respect. By this amendment we strike down the iniquity of one class

wielding political power for another, and arrogant because in the

exercise of unjust power."

Maintaining that representation should be based upon suffrage, Mr.

Lawrence said: "The reason which conclusively justifies it is, that a

people declared by law, if in fact unprepared for suffrage, should not

be represented as an element of power by those interested in forever

keeping them unprepared. But children never can be qualified and

competent depositaries of political power, and, therefore, should not

enter into the basis of representation. It never has been deemed

necessary for the protection of females that they should be regarded

as an element of political power, and hence they should not be an

element of representation. If the necessity shall come, or if our

sense of justice should so change as to enfranchise adult females, it

will be time enough then to make them a basis of representation."

Mr. Shellabarger, of Ohio, though having "fifteen times as much

respect for the opinions of the Committee on Reconstruction" as for

his own, yet suggested the following as objections to their report:

"1. It contemplates and provides for, and in that way, taken by

itself, authorizes the States to wholly disfranchise entire races of

its people, and that, too, whether that race be white or black, Saxon,

Celtic, or Caucasian, and without regard to their numbers or

proportion to the entire population of the State.

"2. It is a declaration made in the Constitution of the only great and

free republic in the world, that it is permissible and right to deny

to the races of men all their political rights, and that it is

permissible to make them the hewers of wood and drawers of water, the

mud-sills of society, provided only you do not ask to have these

disfranchised races represented in that Government, provided you

wholly ignore them in the State. The moral teaching of the clause

offends the free and just spirit of the age, violates the foundation

principles of our own Government, and is intrinsically wrong.

"3. The clause, by being inserted into the Constitution, and being

made the companion of its other clauses, thereby construes and gives

new meanings to those other clauses; and it thus lets down and spoils

the free spirit and sense of the Constitution. Associated with that

clause relating to the States being 'republican,' it makes it read

thus: 'The United States shall guarantee to every State in this Union

a republican form of government;' provided, however, that a government

shall be deemed to be republican when whole races of its people are

wholly disfranchised, unrepresented, and ignored.

"4. The report of the committee imposes no adequate restraint upon

this disfranchisement of races and creation of oligarchies in the

States, because after a race is disfranchised in a State it gives to

one vote cast in such State by the ruling race just the same power as

a vote has in a State where no one is disfranchised.

"5. These words of the amendment, to-wit, 'denied or abridged on

account of color,' admit of dangerous construction, and also of an

evasion of the avowed intent of the committee. Thus, for example, the

African race may, in fact, be disfranchised in the States, and yet

enumerated as part of the basis of representation, by means of a

provision disfranchising all who were slaves, or all whose ancestors

were slaves.

"6. The pending proposition of the committee is a radical departure

from the principles of representative republican government, in this,

that it does not provide for nor secure the absolute political

equality of the people, or, relatively, of the States. It does not

secure to each vote throughout the Government absolute equality in its

governing force. It, for example, permits twenty-five thousand votes

in New York city to elect two members of Congress, provided one-half

of its population should happen to be foreigners unnaturalized, and

not electors of the State, whom the law deems unfit to vote; whereas,

twenty-five thousand votes in Ohio would elect but one member of

Congress, provided her citizens were all Americans instead of

foreigners."

Mr. Eliot submitted an amendment to the effect that population should

be the basis of representation, and that "the elective franchise shall

not be denied or abridged in any State on account of race or color."

He stated the following grounds of objection to the resolution offered

by the committee: "First, the amendment as it is now reported from the

committee is objectionable, to my mind, because it admits by

implication that a State has the right to disfranchise large masses of

its citizens. No man can show that in that Constitution which the

fathers made, and under which we have lived, the right is recognized

in any State to disfranchise large masses of its citizens because of

race. And I do not want now, at this day, that the Congress of the

United States, for the purpose of effecting a practical good, shall

put into the Constitution of the land any language which would seem to

recognize that right.

"The next objection I have to the amendment is this: that it enables a

State, consistently with its provisions, by making the right to vote

depend upon a property qualification, to exclude large classes of men

of both races. A State may legislate in such a way as to be, in fact,

an oligarchy, and not a republican State. South Carolina may legislate

so as to provide that no man shall have the right to vote unless he

possesses an annual income of $1,000, and holds real estate to the

amount of five hundred acres. Every one sees that that would exclude

multitudes of all classes of citizens, making the State no longer

republican, but oligarchical. Yet gentlemen say that under the

Constitution Congress is bound to see to it that each State shall have

a republican form of government.

"The third objection I have to this amendment is, that it controls by

implication that power; because, while the Constitution now says that

Congress shall guarantee to every State a republican form of

government, this amendment, as reported by the committee, admits by

implication that, although a State may so legislate as to exclude

these multitudes of men, not on account of race or color, but on

account of property, yet, nevertheless, she would have a republican

form of government, and that Congress will not and ought not to

interfere."

Mr. Pike, of Maine, had, on the assembling of Congress after the

holidays, offered a resolution, expressing the idea contained in the

report of the committee, but on reflection had come to the conclusion

that the resolution would not accomplish the purpose desired. He

stated his reasons for changing his opinion. He thought that the

provisions of the proposed amendment might be evaded. "Suppose," said

he, "this constitutional amendment in full force, and a State should

provide that the right of suffrage should not be exercised by any

person who had been a slave, or who was the descendant of a slave,

whatever his race or color. I submit that it is a serious matter of

doubt whether or not that simple provision would not be sufficient to

defeat this constitutional amendment which we here so laboriously

enact and submit to the States."

Mr. Conkling thought that this criticism could have no practical

importance, from the fact that the proposed amendment was to operate

in this country, where one race, and only one, has been held in

servitude.

Mr. Pike replied: "In no State in the South has slavery been confined

to any one race. So far as I am acquainted with their statutes, in no

State has slavery been confined to the African race. I know of no

slave statute, and I have examined the matter with some care, which

says that Africans alone shall be slaves. So much for race. As to

color, it was a common thing throughout the whole South to advertise

runaway slaves as having light hair and blue eyes, and all the

indications of the Caucasian race, and 'passing themselves off for

white men.' I say further to the honorable gentleman from New York,

that well-authenticated instances exist in every slave State where men

of Caucasian descent, of Anglo-Saxon blood, have been confined in

slavery, and they and their posterity held as slaves; so that not only

free blacks were found every-where, but white slaves also abounded."

Mr. Kelley, who next addressed the House, also brought proof to

controvert the "hasty assertion" that but one race had been enslaved:

"The assertion that white persons have been sold into slavery does not

depend on common report, but is proven by the reports of the superior

courts of almost every Southern State. One poor German woman, who had

arrived in our country at thirteen years of age, was released from

slavery by the Supreme Court of Louisiana, but not until she had

become the mother of three mulatto children, her owner having mated

her with one of his darker slaves. Toward the close of the last

century, the Supreme Court of New Jersey decided that American Indians

could be reduced to and legally held in slavery. And so long ago as

1741 white slave women were so common in North Carolina, that the

Legislature passed a law dooming to slavery the child of every 'white

servant woman' born of an Indian father."

Mr. Kelley thought that the enforcement of this long-dormant power of

the Constitution would be for the benefit not merely of the poor, the

ignorant, and the weak, but also of the wise, "the strong, and the

wealthy of our country." "There is now pending," said he, "before the

Legislature of regenerated and, as gentlemen would have us believe,

reconstructed Virginia, a bill to require five years' residence on the

part of citizens of other States who may invest their capital and

settle within the sacred limits of the Old Dominion before they can

acquire citizenship. If they may pass a limitation of five years, why

may they not pass a limitation of fifty? Why will not any limitation

that comes within the ordinary duration of human life be admissible?"

Mr. Bromwell, obtaining the floor, inquired whether the question was

in such condition that any amendment or substitute could be offered.

The Speaker replied: "Six amendments are pending now. The only one

that could be offered would be to amend the amendment of the gentleman

from Pennsylvania, [Mr. Stevens,] which was, to add the word 'therein'

in the fifteenth line. No other amendment would be in order now, the

whole legislative power to amend being exhausted."

Mr. Bromwell had desired to offer an amendment which, in his opinion,

would obviate many of the objections to pending joint resolution, and

the amendments thereto; but the way not being open for this, he

addressed the House in a brief speech. He said: "When this amendment

was introduced, on last Monday morning, the differences of opinion

which have been developed in reference to the principles of the

amendment were not anticipated. But to-day we see that it has, so far,

not an advocate upon this floor. Such may be the result with every

amendment which may be presented. It is difficult to see, among all

the amendments which are now pending, any one of them, or any

combination of them, that will meet the desire of the majority, not to

say two-thirds of this House. I apprehend that the members of this

House desire to act so as to secure the support of a proper majority

here. I apprehend, also, that they desire to make this amendment such

that it will meet with the sanction of a sufficient number of the

States of the Union to make it effectual. Now, sir, it is in vain for

this Congress to launch an amendment which shall die on the road

through the Legislatures."

Notwithstanding the difficulties in the way of all the plans proposed,

Mr. Bromwell was heartily in favor of modifying the basis of

representation. "I think," said he, "seventy years is long enough for

fifteen, twenty, or thirty Representatives to sit here and make laws

to apply to Northern people, with no constituencies behind them. I

think it has been seen long enough that a large number of persons

called property, made property by the laws of the States, shall give

to the oligarchs of those particular districts of country the right to

outvote the independent men of the North, of the free States, where

some approximation has been made to securing God-given rights to all

inhabitants. I think that it is wrong that the further a State recedes

from common right and common justice the more power the oligarchy

which controls it shall grasp in their hands; and I desire that this

amendment shall be made so that it shall bear down upon that abuse

with the crushing power of three-fourths of the legislatures of the

Union."

After the House had heard so many objectors to the basis of

representation, as proposed by the committee, Mr. Cook, of Illinois,

took the floor in favor of the measure. He said: "We have now, as I

believe, the golden opportunity to remedy this evil which will never

come again to the men of this generation. The system of slavery has

fallen. The States whose representation was increased by it have, with

two or three exceptions, destroyed their loyal and legal State

governments, and now seek reconstruction. The adoption of this

amendment by the States lately in rebellion should be one of the

guarantees to be insisted upon as a condition precedent to their

taking equal authority and rank in the Union with the loyal States."

To the proposition that the basis of representation should be voters

only, Mr. Cook presented the following objections:

"1. It is difficult to enumerate voters accurately; their

qualifications are fixed by State laws. We can not send Federal

officers into every State to adjudicate, in disputed cases, the rights

of those claiming to be voters under the State laws, as we should have

to do.

"2. It would not be just; the voters of the country are unequally

distributed. The old States have fewer, the new States more, voters

according to the white population. In other words, there is a greater

proportion of women and children in the old States. These should be

and are represented. They are represented, in the true sense of that

word, by their fathers and brothers. The man who represents them does

so really and practically, and not by legal fiction, like the man who

represents 'three-fifths of all other persons.'

"3. It takes from the basis of representation all unnaturalized

foreigners. I do not wish to discuss the question whether this would

be judicious or not, but I do not want a measure of this almost

supreme importance loaded down with these questions, and its passage

jeopardized by the incorporation of provisions which, would render it

so liable to attack and misrepresentation."

Mr. Cook referred as follows to some objections urged against the

basis of representation proposed by the Reconstruction Committee: "It

is said that the Southern States may impose a property qualification,

and so exclude the negroes, not on account of race or color, but for

want of a property qualification, or that they might provide for a

qualification of intelligence, and so disfranchise the negroes because

they could not read or write, and still enumerate them. To do this

they must first repeal all the laws now denying suffrage to negroes;

and, second, provide qualifications which will disfranchise half their

white voters; two things neither of which will, in any human

probability, occur. And in the event that it was possible that both

these measures should be adopted, and all the blacks and half the

whites disqualified, it would become a grave question whether the

provision of the Constitution which requires the United States to

guarantee to each State a republican form of government would not

authorize the Government to rectify so gross a wrong. There is no

measure to which fanciful objections may not be urged; but I believe

this to be the least objectionable of any measure which has been

suggested to meet this evil. But above all, I am well persuaded that

it is the only measure that can meet the approval of three-fourths of

the States; consequently, that this is the only practical measure

before the House."

Mr. Marshall, of Illinois, declared the proposition, as reported by

the committee, to be "wholly untenable, is monstrous, absurd, damnable

in its provisions, a greater wrong and outrage on the black race than

any thing that has ever been advocated by others."

He thus set forth the measure in the light of injustice to the negro:

"The gentlemen who report it profess to be, and doubtless are, the

peculiar advocates of the African race. I wish to ask them upon what

principle of justice, upon what principle of free government, they

have provided that if, after this amendment is adopted, South

Carolina, Mississippi, or any other State shall adopt a provision that

all white men over twenty-one years of age shall be voters, and all

black men who have two hundred dollars' worth of property, and if

there shall be ten thousand legal black voters in such State, upon

what principle will you place in the Constitution of the United States

a provision which would deprive these ten thousand legal black voters

of any representation upon the floor of Congress, or of being

considered in the basis of representation? And I wish to ask the

honorable gentleman who reported this amendment if that is not the

effect and result of the amendment reported from the committee."

In reference to the time and place of inaugurating constitutional

amendments, Mr. Marshall used the following language: "If any

amendments are necessary to the Constitution of our country, this is

not the time, and more especially is this not the place, to inaugurate

such amendments. I believe, notwithstanding the conceded wisdom,

ability, and virtue of this House, that the fathers who framed our

glorious Constitution were wiser, better, and nobler than we are; yet

every day we have offered here some dozen or twenty proposed

amendments to the Constitution, offered as if we were discussing

resolutions in a town meeting."

[Illustration: Robert C. Schenck.]

Among the propositions before the House relating to this subject, was

an amendment proposed by Mr. Schenck, of Ohio, providing that

representation should be based upon "the number of male citizens of

the United States over twenty-one years of age, having the

qualifications requisite for electors of the most numerous branch of

the State legislature."

Mr. Schenck addressed the House, and thus gave a history of his own

connection with the measure: "At a very early day in this session, I

was one of those disposed to ask the attention of Congress to the

subject, to propose in proper form the submission of the question to

the Legislatures of the several States. On the first day of the

session, on the 4th of December last, as soon as the House was

organized, I gave notice that I would on the next, or some succeeding

day, introduce a proposition to amend the Constitution. On the ensuing

day I did accordingly present a joint resolution. It stands as House

Resolution No. 1 of the session.

"In that I propose representation hereafter shall be based upon

suffrage. I propose that representation shall be apportioned among the

several States of the Union according to the number of voters having

qualifications requisite for electors of the most numerous branch of

the Legislature of the State where they reside, following in this the

language of the Constitution; these voters, however, to be further

limited in their descriptions and definitions as being male citizens

of the United States over twenty-one years of age. Now, whether the

proposition be a good one or not; whether the limitation be such as

should commend itself to the masses of our people, I will not for the

present inquire. I will only remark they have seemed to me to embrace

as many qualifications as we ought to include when we are going to lay

down a new organic law on this subject."

An objection urged by Mr. Schenck against the plan proposed by the

committee was, that it failed to offer inducements for a gradual

enfranchisement of the negro. He said: "Now, sir, I am not one of

those who entertain Utopian ideas in relation, not merely to the

progress, but to the immediate change of sentiment, opinions, and

practice among the people of those States that have so lately been

slave States, and so recently in rebellion. I believe that, like all

other people, their growth toward good and right and free institutions

must necessarily be gradual; and if we pass the amendment which I have

proposed, or any thing similar to it, and say to them, 'You shall have

representation proportioned to the portion of your population to which

you extend this inestimable franchise,' my belief is that they will

not, on the next day after it becomes a part of the organic law of the

United States, at once enfranchise all the negroes in their midst. I

am not sure that they ought to do it; but we are dealing with the

matter now as it presents itself as a practical question. What will

they probably do? My belief is, that if you persuade them to do right,

if you hold out to them an inducement for letting their negroes vote,

and striking out these disqualifications and putting all upon the

basis of manhood, they will probably begin, after the amendment

becomes part of the organic law, by extending this right to those who

have acquired certain property; perhaps they will also extend it,

after awhile, to those who have certain qualifications of education.

However they may proceed, whether rapidly or slowly, it will be a work

of progress and a work of time. But by this amendment you would say to

them, 'We do not want you to enter upon any such gradual bringing up

of these people to the level plain of right to be enjoyed by them

equally with others of other races in your midst.' We say to them,

'You may enfranchise one-third or one-fourth of your people who are

black and deprived of the privilege of voting by introducing the

qualification of property, up to which one-third or one-fourth may

come; you may introduce a qualification of education, up to which a

number of them may come; but that will all be of no value; so long as

there is any denial or any abridgement of the right to vote of a

single man on account of his race or color, you shall have no part of

the population of that race or color counted to measure to you your

share of representation.'

"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 Constitution. 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 entitled

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

participate 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 Constitution 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 class 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 constituency,

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 Constitution

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 constitutional 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

citizenship."

"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

Constitution, 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 Constitution my support,"

said he, "I do not subject myself to the gratuitous imputation of a

want of reverence either for the Constitution or its illustrious

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 Constitution of his country by arms

against armed rebellion, to become my accuser.

"In seeking to amend, not to mar, the Constitution 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 Constitution, when they talk sneeringly about

tinkering with the Constitution, 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 Constitution, 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 nobler 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, Washington 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 constitutions of government.' We

propose, sir, simply to act in accordance with this suggestion of

Washington. 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 Constitution in its original intent and spirit, or, like

cravens, abandon it. I assert 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 Constitution, 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 Constitution 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 Constitution, that the people shall elect their

Representatives in the several States, can not be set aside or

impaired by inserting in your Constitution, 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 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.

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