CHAPTER XVII.

THE RECONSTRUCTION AMENDMENT--IN THE HOUSE.

A Constitutional Amendment Proposed and Postponed --

Proposition by Mr. Stewart -- The Reconstruction Amendment

-- Death of its Predecessor Lamented -- Opposition to the

Disfranchisement of Rebels -- "The Unrepentent Thirty-three"

-- Nine-tenths Reduced to One-twelfth -- Advice to Congress

-- The Committee Denounced -- Democratic and Republican

Policy Compared -- Authority without Power -- A Variety of

Opinions -- An Earthquake Predicted -- The Joint Resolution

Passes the House.

While the joint resolution proposing a modification of the basis of

representation was the subject of consideration in the Senate, a

constitutional amendment relating to the rights of citizens was made

the topic of brief discussion in the House. It had been previously

introduced and referred to the Committee of Fifteen. From this

committee it was reported back by Mr. Bingham. It was proposed in the

following form:

"ARTICLE--. That Congress shall have power to make all laws

which shall be necessary and proper to secure to the

citizens of each State all privileges and immunities of

citizens in the several States, and to all persons in the

several States equal protection in the rights of life,

liberty, and property."

This proposition was introduced on the 26th of February, and was

debated during the sessions of three successive days.

Many members of the legal profession saw in the final clause a

dangerous centralization of power. It was considered objectionable as

seeming to authorize the General Government to interfere with local

laws on the subject of property, the legal rights of women, and other

matters hitherto considered wholly within the domain of State

legislation; hence the Republican majority unanimously voted to

postpone the amendment until April.

After this postponement, and the failure of the amendment relating to

the basis of representation to pass the Senate, the subject of

reconstruction was in the hands of the Committee of Fifteen until the

30th of April.

Individuals had, from time to time, introduced propositions on the

subject, which were referred to the appropriate committee. The one

which attracted most attention and excited greatest interest was a

proposition in the Senate, by Mr. Stewart, of Nevada. This was in

favor of a joint resolution providing that each of the States lately

in rebellion shall be recognized as having resumed its relations with

the Government, and its Representatives shall be admitted to Congress

whenever it shall have amended its Constitution so as to provide--

"1. There shall be no distinction in civil rights among its

citizens by reason of race or color or previous condition of

servitude; 2. That all debts incurred in aid of the

rebellion shall be repudiated; 3. That all claim for

compensation for liberated slaves shall be relinquished; and

4. That the elective franchise be extended to all persons on

the same terms, irrespective of race, color, or previous

condition, provided that none be disfranchised who were

qualified voters in 1860; and that upon these conditions

being ratified by a majority of the present voting

population of each State, (including all qualified to vote

in 1860,) a general amnesty shall be proclaimed as to all

who engaged in the rebellion."

This proposition had peculiar significance, since it emanated from a

gentleman who, though elected as a Republican, had ever since the veto

of the Freedmen's Bureau acted with the Conservatives. Mr. Sumner,

"with open arms," welcomed the Senator from Nevada as "a new convert

to the necessity of negro suffrage." Mr. Wilson was thankful to the

author of this proposition for placing the whole question "on the

basis of universal liberty, universal justice, universal suffrage, and

universal amnesty." The resolution was referred to the Committee of

Fifteen, with whom Mr. Wilson had no doubt it would receive "serious

consideration."

On the 30th of April, Mr. Stevens reported from the Committee of

Fifteen a joint resolution providing for the passage of the following

amendment to the Constitution:

"ARTICLE--.

"SEC. 1. "No State shall make or enforce any law which shall

abridge the privileges or immunities of citizens of the

United States; nor shall any State deprive any person of

life; liberty, or property without due process of law; nor

deny to any person within its jurisdiction the equal

protection of the laws.

"SEC. 2. Representatives 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. But whenever in any State the elective franchise

shall be denied to any portion of its male citizens not less

than twenty-one years of age, or in any way abridged, except

for participation in rebellion or other crime, the basis of

representation in such State shall be reduced in the

proportion which the number of male citizens shall bear to

the whole number of such male citizens not less than

twenty-one years of age.

"SEC. 3. Until the 4th day of July, in the year 1870, all

persons who voluntarily adhered to the late insurrection,

giving it aid and comfort, shall be excluded from the right

to vote for Representatives in Congress and for electors for

President and Vice-President of the United States.

"SEC. 4. Neither the United States nor any State shall

assume or pay any debt or obligation already incurred, or

which may hereafter be incurred, in aid of insurrection or

of war against the United States, or any claim for

compensation for loss of involuntary service or labor.

"SEC. 5. The Congress shall have power to enforce, by

appropriate legislation, the provisions of this article."

This proposed amendment to the Constitution was accompanied by two

bills, one of which provided that when any State lately in

insurrection should have ratified the amendment, its Senators and

Representatives, if found duly elected and qualified, should be

admitted as members of Congress. The other bill declared the high

ex-officials of the late Confederacy ineligible to any office under

the Government of the United States.

The proposed constitutional amendment was by a vote of the House made

the special order for Tuesday, the 8th of May. On that day Mr. Stevens

occupied the attention of the House with a brief argument in favor of

the amendment. Referring to the death in the Senate of the amendment

previously proposed, Mr. Stevens said: "But it is dead, and unless

this (less efficient, I admit) shall pass, its death has postponed the

protection of the colored race perhaps for ages. I confess my

mortification at its defeat. I grieved especially because it almost

closed the door of hope for the amelioration of the condition of the

freedmen. But men in pursuit of justice must never despair. Let us

again try and see whether we can not devise some way to overcome the

united forces of self-righteous Republicans and unrighteous

Copper-heads. It will not do for those who for thirty years have

fought the beasts at Ephesus to be frightened by the fangs of modern

catamounts."

Of the present proposition, Mr. Stevens said: "It is not all that the

committee desired. It falls far short of my wishes, but it fulfills my

hopes. I believe it is all that can be obtained in the present state

of public opinion. Not only Congress, but the several States are to be

consulted. Upon a careful survey of the whole ground, we did not

believe that nineteen of the loyal States could be induced to ratify

any proposition more stringent than this."

Referring to the section prohibiting rebels from voting until 1870,

Mr. Stevens said: "My only objection to it is that it is too lenient.

Here is the mildest of all punishments ever inflicted on traitors. I

might not consent to the extreme severity denounced upon them by a

provisional governor of Tennessee--I mean the late lamented Andrew

Johnson of blessed memory--but I would have increased the severity of

this section."

Mr. Blaine called attention to the fact that most of the persons whom

the third section of the amendment was designed to disfranchise, had

their political rights restored to them by the Amnesty Proclamation,

or had been pardoned by the President.

Mr. Finck opposed the proposition in a speech of which the following

are extracts: "Stripped of all disguises, this measure is a mere

scheme to deny representation to eleven States; to prevent

indefinitely a complete restoration of the Union, and perpetuate the

power of a sectional and dangerous party.

"Sir, the whole scheme is revolutionary, and a most shallow pretext

for an excuse to exclude the vote of eleven States in the next

Presidential election. You can not exact conditions in this way from

any State in the Union; no more from Georgia than from Massachusetts.

They are each equal States in the Union, held together by the same

Constitution, neither being the superior of the other in their

relation to the Federal Government as States."

Commenting on the first section, designed to insert a recognition of

civil rights in the Constitution, Mr. Finck said: "If it is necessary

to adopt it in order to confer upon Congress power over the matters

contained in it, then the Civil Rights Bill, which the President

vetoed, was passed without authority, and is clearly unconstitutional."

To this inference, Mr. Garfield replied: "I am glad to see this first

section here, which proposes to hold over every American citizen

without regard to color, the protecting shield of law. The gentleman

who has just taken his seat undertakes to show that because we propose

to vote for this section, we therefore acknowledge that the Civil

Rights Bill was unconstitutional. The Civil Rights Bill is now a part

of the law of the land. But every gentleman knows it will cease to be

a part of the law whenever the sad moment arrives when that

gentleman's party comes into power. It is precisely for that reason

that we propose to lift that great and good law above the reach of

political strife, beyond the reach of the plots and machinations of

any party, and fix it in the serene sky, in the eternal firmament of

the Constitution, where no storm of passion can shake it, and no cloud

can obscure it. For this reason, and not because I believe the Civil

Rights Bill unconstitutional, I am glad to see that first section

here."

Mr. Garfield opposed the section disfranchising rebels as "the only

proposition in this resolution that is not bottomed clearly and

plainly upon principle--principle that will stand the test of

centuries, and be as true a thousand years hence as it is to-day."

Mr. Thayer, while favoring the proposed amendment in all other

particulars, was opposed to the third section. "I think," said he,

"that it imperils the whole measure under consideration. What will

continue to be the condition of the country if you adopt this feature

of the proposed plan? Continual distraction, continued agitation,

continued bickerings, continued opposition to the law, and it will be

well for the country if a new insurrection shall not spring from its

bosom."

Mr. Boyer denounced the proposition as "an ingenious scheme to keep

out the Southern States, and to prevent the restoration of the Union

until after the next Presidential election."

Mr. Kelley, if he "could have controlled the report of the Committee

of Fifteen, would have proposed to give the right of suffrage to every

loyal man in the country." He advocated the amendment, however, in all

its provisions. He especially defended the third section. "This

measure," said he, "does not propose to punish them; on the contrary,

it is an act of amnesty, and proposes, after four years, to reinvest

them with all their rights, which they do not possess at this time

because of their crime."

The passage of the resolution was next advocated by Mr. Schenck.

Referring to the third section, he denied the principle advanced by

Mr. Garfield that there was any thing inconsistent or wrong in making

it an exclusion for a term of years instead of exclusion altogether.

"If there be any thing in that argument," said he, "in case of crime,

you must either not sentence a man to the penitentiary at all, or else

incarcerate him for the term of his natural life. Or, to compare it to

another thing, which perhaps better illustrates the principle

involved, when a foreigner arrives upon our shores we should not say

to him, 'At the end of five years, when you have familiarized yourself

with our institutions, and become attached to them, we will allow you

to become a citizen, and admit you to all the franchises we enjoy,'

but we should require that he be naturalized the moment he touches our

soil, or else excluded from the rights of citizenship forever."

Mr. Schenck thought the loyal and true people throughout the land were

"full ready to declare that those who have proved traitors, and have

raised their parricidal hands against the life of the country, who

have attempted to strike down our Government and destroy its

institutions, should be the very last to be trusted to take any share

in preserving, conducting, and carrying on that Government and

maintaining those institutions."

Mr. Smith opposed the resolution in a speech which, if it added

nothing to the arguments, contributed, by its good humored

personalities and its harmless extravagancies, to the amusement of the

auditors.

On the following day, May 9th, the consideration of the subject was

resumed, and Mr. Broomall addressed the House in favor of the

resolution. He began by counting the votes that would probably be cast

against the amendment. "It would meet the opposition," said he, "of

the unrepentant thirty-three of this body. It was also to be expected

that the six Johnsonian new converts to Democracy would oppose and

vote against this measure, commencing with the gentleman from New

York, [Mr. Raymond,] who, I believe, has the disease in the most

virulent form, thence down to the gentleman from Kentucky, [Mr.

Smith,] who preceded me on this question, and who has the mildest and

most amiable type of the infection. Upon them, too, arguments are

useless. There must, then, be thirty-nine votes against the measure,

and I want there to be no more."

To the objection urged against the third section of the proposed

amendment, that it would disfranchise nine-tenths of all the voters of

the South, Mr. Broomall replied: "This is a grand mistake. There were

in 1860 one million one hundred and twenty thousand voters in those

eleven States. We may take seven hundred and fifty thousand as the

number of individuals in the South who rendered aid and comfort to the

enemy, not counting the comparatively few though powerful leaders who

rendered aid and comfort outside of the army. But, sir, we do not

propose to disfranchise even these seven hundred and fifty thousand.

Supposing two hundred and fifty thousand of the rebel army were lost,

we have five hundred thousand actual voters in the South to be

disfranchised by this measure, if they come within the meaning of it.

But do they come within the meaning of this provision? Why, sir, it

does not embrace the unwilling conscripts; it does not embrace the men

who were compelled to serve in the army. It would be fair to say three

hundred thousand of these people belonged to the unwilling class, who

were forced into the army by rigid conscription laws and the various

contrivances of the leading rebels. This will leave two hundred

thousand; and I say now it is utterly impossible, in my opinion, that

the number of people in the South who can be operated upon by this

provision should exceed two hundred thousand, if, indeed, it should

reach the one half of that number. Is this nine-tenths of the voters

of the South? Why, it is about one in every twelve."

Mr. Shanklin opposed the amendment as intended "to disfranchise the

people of the Southern States who have gone into this rebellion, until

the party in power could fasten and rivet the chains of oppression for

all time to come, and hedge themselves in power, that they may rule

and control those people at will."

Mr. Shanklin closed his speech with the following advice to Congress:

"Discharge your joint Committee on Reconstruction; abolish your

Freedmen's Bureau; repeal your Civil Rights Bill, and admit all the

delegates from the seceded States to their seats in Congress, who have

been elected according to the laws of the country and possess the

constitutional qualification, and all will be well."

Mr. Raymond spoke in favor of the amendment, except the

disfranchisement clause. He had opposed the Civil Rights Bill on the

ground of want of constitutional power in Congress to pass it. He

favored the first section of this amendment, since it gave the

previous acts of Congress a constitutional basis.

In answer to Mr. Broomall's "ingenious argument," Mr. Raymond said:

"It seems to me idle to enter into such calculations, which depend on

a series of estimates, each one of which can not be any thing more

than a wild and random guess. I take it that we all know perfectly

well that the great masses of the Southern people 'voluntarily adhered

to the insurrection;' not at the outset not as being originally in

favor of it, but during its progress, sooner or later, they

voluntarily gave in their adhesion to it, and gave it aid and comfort.

They did not all join the army. They did not go into the field, but

they did, at different times, from various motives and in various

ways, give it aid and comfort. That would exclude the great body of

the people of those States under this amendment from exercising the

right of suffrage."

Mr. Raymond asserted that all that was offered to the rebel

legislatures of the Southern States, in return for the concessions

required of them, was "the right to be represented on this floor,

provided they will also consent not to vote for the men who are to

represent them! The very price by which we seek to induce their assent

to these amendments we snatch away from their hands the moment that

assent is secured. Is there any man here who can so far delude himself

as to suppose for a moment that the people of the Southern States will

accede to any such scheme as this? There is not one chance in ten

thousand of their doing it."

Mr. McKee advocated the amendment. He thought that opposition to its

third section was a rebuke to those States which had passed laws

disfranchising rebels. To obviate all objections to this section,

however, he proposed a substitute forever excluding "all persons who

voluntarily adhered to the late insurrection" from holding "any office

under the Government of the United States."

Mr. Eldridge did not intend "to make an argument on the merits of the

joint resolution." His remarks were mostly in derogation of the

committee by whom the measure was recommended. "The committee," said

he, "report no facts whatever, and give us no conclusion. They simply

report amendments to the Constitution. Was that the purpose for which

the committee was organized? Was it to change the fundamental law of

the land under which we of the loyal States assembled here? Was that

the duty with which the committee was charged? Were they to inquire

and report an entire change of the fundamental law of the nation which

would destroy the States and create an empire? I say they were charged

with no such duty. The resolution can not fairly be construed as

giving to the committee any such power, any such jurisdiction. The

committee stands resisting the restoration of this Union, and I hope

that no further business will be referred to it. It has rendered

itself unworthy of the high duty with which it was charged."

Mr. Eldridge asserted: "The whole scheme is in the interest of party

alone, to preserve and perpetuate the party idea of this Republican

disunion party."

The debate thus entering "the domain of partisan controversy," Mr.

Boutwell, in a speech which followed, undertook to show how the

proposition before the House "traverses the policy of the Democratic

party with reference to the reconstruction of the Government." Mr.

Boutwell described the policy of the Democratic party, "which," said

he, "they laid down as early as 1856 in the platform made at

Cincinnati, wherein they declared substantially that it was the right

of a Territory to be admitted into this Union with such institutions

as it chose to establish, not even by implication admitting that the

representatives of the existing Government had any right to canvass

those institutions, or to consider the right of the Territory to be

recognized as a State.

"Now, sir, from that doctrine, which probably had its origin in the

resolutions of 1798, the whole of their policy to this day has

legitimately followed. First, we saw its results in the doctrine of

Mr. Buchanan, announced in 1860, that, while the Constitution did not

provide for or authorize the secession of a State from this Union,

there was no power in the existing Government to compel a State to

remain in the Union against its own judgment. Following that doctrine,

they come legitimately to the conclusion of to-day, in which they are

supported, as I understand, by the President of the United States upon

the one side, and, as I know, by the testimony of Alexander H.

Stephens, late Vice-President of the so-called Confederacy, upon the

other. That doctrine, is that these eleven States have to-day, each

for itself, an existing and unquestionable right of representation in

the Government of this country, and that it is a continuous right

which has not been interrupted by any of the events of the war."

On the other hand, Mr. Boutwell thus defined the position of "the

Union party," which, he said, "stands unitedly upon two propositions.

The first is equality of representation, about which there is no

difference of opinion. The second is, that there shall be a loyal

people in each applicant State before any Representative from that

State is admitted in Congress. And there is a third: a vast majority

of the Republican party, soon to be the controlling and entire force

of that party, demand suffrage for our friends, for those who have

stood by us in our days of tribulation. And for myself, with the

right, of course, to change my opinion, I believe in the

Constitutional power of the Government to-day to extend the elective

franchise to every loyal male citizen of the republic."

Mr. Spalding favored the amendment, including the third section, to

which exception had been taken by some of his friends. He asked, "Is

it exceptionable? Is it objectionable? If it be so, it is, in my

judgment, for the reason that the duration of the period of incapacity

is not extended more widely. I take my stand here, that it is

necessary to ingraft into that enduring instrument called the

Constitution of the United States something which shall admonish this

rebellious people, and all who shall come after them, that treason

against the Government is odious; that it carries with it some

penalty, some disqualification; and the only one which we seek to

attach by this amendment is a disqualification in voting--not for

their State and county and town officers, but for members of Congress,

who are to be the law-makers, and for the Executive of the United

States, this disqualification to operate for the short period of four

years."

Mr. Miller advocated all the sections of the proposed amendment except

the third. Of this he said: "Though it seems just on its face, I doubt

the propriety of embodying it with the other amendments, as it may

retard, if not endanger, the ratification of the amendment in regard

to representation, and we can not afford to endanger in any manner a

matter of such vital importance to the country."

Mr. Eliot had voted against the former amendment, which was passed by

the House and rejected by the Senate. The present proposed amendment,

while it was not all he could ask, was not open to the objections

which then controlled his vote. In advocating the third section, he

said: "It is clear, upon adjudged law, that the States lately in

rebellion, and the inhabitants of those States, by force of the civil

war, and of the Union triumph in that war, so far have lost their

rights to take part in the Government of the Union that some action on

the part of Congress is required to restore those rights. Pardon and

amnesty given by the President can not restore them. Those men can not

vote for President or for Representatives in Congress until, in some

way, Congress has so acted as to restore their power. The question,

then, is very simple: Shall national power be at once conferred on

those who have striven, by all means open to them, to destroy the

nation's life? Shall our enemies and the enemies of the Government, as

soon as they have been defeated in war, help to direct and to control

the public policy of the Government--and that, too, while those men,

hostile themselves, keep from all exercise of political power the only

true and loyal friends whom we have had, during these four years of

war, within these Southern States?"

It had been argued against the third section that it could not be

enforced, that it would be inoperative. To this objection Mr.

Shellabarger replied: "It will not require standing armies. You can

have registry laws. Upon this registry list you may place the names of

men who are to be disqualified, and you may also have the names of all

who are qualified to vote under the law. There they will stand, there

they will be, to be referred to by your Government in the execution of

its laws. And when it comes to this House or to the Senate to

determine whether a man is duly elected, you can resort to the

ordinary process applicable to a trial in a contested election case in

either body, as to whether he has been elected by the men who were

entitled to elect him."

Thursday, May 10th, was the last day of this discussion in the House.

Mr. Randall first took the floor and spoke in opposition to the joint

resolution. To the friends of the measure he said: "It is intended to

secure what you most wish: an entire disagreement to the whole scheme

by the eleven Southern States, and a continued omission of

representation on this floor."

Mr. Strouse, in opposing the amendment, occupied most of his time in

reading an editorial from the New York Times, which he characterized

as "sound, patriotic, statesmanlike, and just."

Mr. Strouse expressed, as his own opinion, "that the States are, and

never ceased to be, in law and in fact, constituent parts of our

Union. If I am correct in this opinion, what necessity exists for

these amendments of the Constitution? Let the States be represented in

the Senate and House by men who can conscientiously qualify as

members; and after that, when we have a full Congress, with the whole

country represented, let any amendment that may be required be

proposed, and let those most interested have an opportunity to

participate in the debates and deliberations of matters of so much

moment to every citizen."

Mr. Banks regarded the pending amendment as the most important

question which could be presented to the House or to the country. "It

is my belief," said he, "that reörganization of governments in the

insurgent States can be secured only by measures which will work a

change in the basis of political society. Any thing that leaves the

basis of political society in the Southern States untouched, leaves

the enemy in condition to renew the war at his pleasure, and gives him

absolute power to destroy the Government whenever he chooses.

"There are two methods by which the change I propose can be made: one

by extending the elective franchise to the negro, the other by

restrictions upon the political power of those heretofore invested

with the elective franchise--a part of whom are loyal and a part of

whom are disloyal, a part of whom are friends and a part of whom are

enemies.

"I have no doubt that the Government of the United States has

authority to extend the elective franchise to the colored population

of the insurgent States, but I do not think it has the power. The

distinction I make between authority and power is this: We have, in

the nature of our Government, the right to do it; but the public

opinion of the country is such at this precise moment as to make it

impossible we should do it. The situation of opinion in these States

compels us to look to other means to protect the Government against

the enemy.

"I approve of the proposition which disfranchises the enemies of the

country. I think it right in principle. I think it necessary at this

time. If I had any opinion to express, I should say to the gentlemen

of the House that it is impossible to organize a government in the

insurgent States, and have the enemies of the country in possession of

political power, in whole or in part, in local governments or in

representation here.

"An enemy to the Government, a man who avows himself an enemy of its

policy and measures, who has made war against the Government, would

not seem to have any absolute right to share political power equally

with other men who have never been otherwise than friends of the

Government.

"A pardon does not confer or restore political power. A general act of

amnesty differs from an individual pardon only in the fact that it

applies to a class of offenders who can not be individually described.

It secures immunity from punishment or prosecution by obliterating all

remembrance of the offense; but it confers or restores no one to

political power.

"There is no justification for the opinion so strongly expressed, that

this measure will fail because the rebel States will not consent to

the disfranchisement of any portion of their own people. The

proposition is for the loyal States to determine upon what terms they

will restore to the Union the insurgent States. It is not necessary

that they should participate in our deliberations upon this subject,

and wholly without reason that they should have the power to defeat

it. It is a matter of congratulation that they have not this power. We

have the requisite number of States without them.

"I do not believe that there is a State in this Union where at least a

clear majority of the people were not from the beginning opposed to

the war; and could you remove from the control of public opinion one

or two thousand in each of these States, so as to let up from the

foundations of political society the mass of common people, you would

have a population in all these States as loyal and true to the

Government as the people of any portion of the East or West.

"The people knew that it was the rich man's war and the poor man's

fight. The legislation of the insurgent States exempted, to a great

degree, the rich men and their sons, on account of the possession of

property, while it forced, at the point of the bayonet, and oftentimes

at the cost of life, the masses of the people to maintain their cause.

There is nothing in the whole war more atrocious than the cruel

measures taken by the rebel leaders to force the people who had no

interest in it, and were averse to sharing its dishonor and peril."

Mr. Banks remarked of the amendment: "It will produce the exact result

which we desire: the immediate restoration of the governments of the

States to the Union, the recognition of the loyal people, and the

disfranchisement of the implacable and unchangeable public enemies of

the Union, and the creation of State governments upon the sound and

enduring basis of common interest and common affection."

Mr. Eckley advocated the joint resolution, citing a number of

historical and political precedents in favor of its provisions. Of the

disfranchising clause, he said: "The only objection I have to the

proposition is, that it does not go far enough. I would disfranchise

them forever. They have no right, founded in justice, to participate

in the administration of the Government or exercise political power.

If they receive protection in their persons and property, are

permitted to share in the nation's bounties, and live in security

under the broad ægis of the nation's flag, it is far more than the

nation owes them."

Mr. Longyear favored the amendment, but disliked the third section, of

which he said: "Let us then reject this dead weight, and not load down

good provisions, absolutely essential provisions, by this, which,

however good in and of itself, can not be enforced. I regard this

provision, if adopted, both worthless and harmless, and, therefore, I

shall vote for the proposed amendment as a whole, whether this be

rejected or retained."

Mr. Beaman held a similar opinion. He said: "We very well know that

such a provision would be entirely inoperative, because electors for

President and Vice-President can be appointed by the Legislatures,

according to a practice that has always obtained in South Carolina.

The provision does not extend to the election of Senators, and,

consequently, it can operate only to affect the election of members of

this House, and that only for a period of four years."

Mr. Rogers denounced the proposed amendment in emphatic terms. He

said: "The first section of this programme of disunion is the most

dangerous to liberty. It saps the foundation of the Government; it

destroys the elementary principles of the States; it consolidates

every thing into one imperial despotism; it annihilates all the rights

which lie at the foundation of the union of the States, and which have

characterized this Government and made it prosperous and great during

the long period of its existence. It will result in a revolution worse

than that through which we have just passed; it will rock the earth

like the throes of an earthquake, until its tragedy will summon the

inhabitants of the world to witness its dreadful shock.

"In the third section, you undertake," said Mr. Rogers, "to enunciate

a doctrine that will, if carried out, disfranchise seven or eight

million people, and that will put them in a worse condition than the

serfs of Russia or the downtrodden people of Poland and Hungary, until

the year 1870."

Mr. Farnsworth advocated the amendment, but did not regard the third

section as of any practical value. It did not provide punishment

adequate to the guilt of the various offenders. "There is a large

class of men," said he, "both in the North and South, equally--yea,

and more--guilty than thousands of the misguided men who will be

disfranchised by this provision, who will not be affected by it. I

allude to those politicians and others at the South, who, keeping

themselves out of danger, set on the ignorant and brave to fight for

what they were told by these rascals were 'their rights;' and to other

politicians, editors, 'copper-heads' in the North, some of whom were

and are members of Congress, who encouraged them and discouraged our

soldiers."

Mr. Bingham spoke in favor of the amendment. He preferred that the

disfranchising clause should be embodied in an act of Congress. "I

trust," said he, "that this amendment, with or without the third

section, will pass this House, that the day may soon come when

Tennessee--loyal Tennessee--loyal in the very heart of the rebellion,

her mountains and plains blasted by the ravages of war and stained

with the blood of her faithful children fallen in the great struggle

for the maintenance of the Union, having already conformed her

constitution and laws to every provision of this amendment, will at

once, upon its submission by Congress, irrevocably ratify it, and be,

without further delay, represented in Congress by her loyal

Representatives and Senators.

"Let that great example be set by Tennessee, and it will be worth a

hundred thousand votes to the loyal people in the free North. Let this

be done, and it will be hailed as the harbinger of that day for which

all good men pray, when the fallen pillars of the republic shall be

restored without violence or the noise of words or the sound of the

hammer, each to its original place in the sacred temple of our

national liberties, thereby giving assurance to all the world that,

for the defense of the republic, it was not in vain that a million and

a half of men, the very elect of the earth, rushed to arms; that the

republic still lives, and will live for evermore, the sanctuary of an

inviolable justice, the refuge of liberty, and the imperishable

monument of the nation's dead, from the humblest soldier who perished

on the march, or went down amid the thunder and tempest of the dread

conflict, up through all the shining roll of heroes and patriots and

martyrs to the incorruptible and immortal Commander-in-chief, who fell

by an assassin's hand in the capital, and thus died that his country

might live."

The hour having arrived when, by understanding of the House, the

discussion should close, Mr. Stevens closed the debate with a short

speech. "I am glad," said he, "to see great unanimity among the Union

friends in this House on all the provisions of this joint resolution

except the third one. I am not very much gratified to see any division

among our friends on that which I consider the vital proposition of

them all. Without that, it amounts to nothing. I do not care the snap

of my finger whether it be passed or not if that be stricken out. I

should be sorry to find that that provision was stricken out, because,

before any portion of this can be put into operation, there will be,

if not a Herod, a worse than Herod elsewhere to obstruct our actions.

That side of the house will be filled with yelling secessionists and

hissing copper-heads. Give us the third section or give us nothing. Do

not balk us with the pretense of an amendment which throws the Union

into the hands of the enemy before it becomes consolidated. Do not, I

pray you, admit those who have slaughtered half a million of our

countrymen until their clothes are dried, and until they are reclad. I

do not wish to sit side by side with men whose garments smell of the

blood of my kindred. Gentlemen seem to forget the scenes that were

enacted here years ago. Many of you were not here. But my friend from

Ohio [Mr. Garfield] ought to have kept up his reading enough to have

been familiar with the history of those days, when the men that you

propose to admit occupied the other side of the House; when the mighty

Toombs, with his shaggy locks, headed a gang who, with shouts of

defiance on this floor, rendered this a hell of legislation.

"Ah, sir, it was but six years ago when they were here, just before

they went out to join the armies of Catiline, just before they left

this hall. Those of you who were here then will remember the scene in

which every Southern member, encouraged by their allies, came forth in

one yelling body because a speech for freedom was being made here;

when weapons were drawn, and Barksdale's bowie-knife gleamed before

our eyes. Would you have these men back again so soon to reënact those

scenes? Wait until I am gone, I pray you. I want not to go through, it

again. It will be but a short time for my colleague to wait. I hope he

will not put us to that test."

At the close of his remarks, Mr. Stevens moved the previous question.

Mr. Garfield hoped that it would be voted down, that he might have an

opportunity to offer a substitute for the third section, forever

excluding the persons therein specified "from holding any office of

trust or profit under the Government of the United States."

Nevertheless, the previous question was sustained, and a vote was

taken on the joint resolution proposing the constitutional amendment

as it came from the committee. The following are the yeas and nays:

YEAS--Messrs. Alley, Allison, Ames, Anderson, Delos R.

Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker,

Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow,

Boutwell, Bromwell, Broomall, Buckland, Bundy, Reader W.

Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom,

Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon,

Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot,

Farnsworth, Perry, Garfield, Grinnell, Griswold, Abner C.

Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper,

Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas

Hubbard, James R. Hubbell, Hulburd, James Humphrey,

Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham,

Kuykendall, Laflin, George V. Lawrence, William Lawrence,

Loan, Longyear, Lynch, Marston, McClurg, McIndoe, McKee,

McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton,

Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham,

Pike, Plants, Price, William H. Randall, Raymond, Alexander

H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield,

Shellabarger, Spalding, Stevens, Stilwell, Thayer, Francis

Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt

Van Horn, Robert T. Van Horn, Ward, Warner, Elihu B.

Washburne, Henry D. Washburn, William B. Washburn, Welker,

Williams, James F. Wilson, Stephen F. Wilson, Windom,

Woodbridge, and the Speaker--128.

NAYS--Messrs. Ancona, Bergen, Boyer, Chanler, Coffroth,

Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider,

Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall,

McCullough, Niblack, Phelps, Radford, Samuel J. Randall,

Ritter, Rogers, Ross, Rosseau, Shanklin, Sitgreaves, Smith,

Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Winfield,

and Wright--37.

Applause on the floor and in the galleries greeted the announcement

that two-thirds of the House having voted in the affirmative the joint

resolution was passed.

The heavy majority by which this measure passed the House indicated an

effect of the President's steady opposition, the opposite of what was

anticipated. The amendment secured two votes which were cast against

the Civil Rights Bill, while it lost no vote which that measure

received.

It is remarkable that the joint resolution should have been carried

with such unanimity when so many Republicans had expressed

dissatisfaction with the third section. This is accounted for,

however, by the pressure of the previous question, in which fifteen

Democrats joined forces with the radical Republicans to force the

undivided issue upon the House. A large minority of the Republican

members were thus prevented from voting against the clause

disfranchising the late rebels until 1870.

In the Senate, as will be seen, the amendment assumed a shape more in

accordance with their wishes.

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