History of the Thirty-Ninth Congress of the United States Part 35

"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 Ma.s.sachusetts.

They are each equal States in the Union, held together by the same Const.i.tution, 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 Const.i.tution, 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 pa.s.sed without authority, and is clearly unconst.i.tutional."

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 s.h.i.+eld 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 unconst.i.tutional. 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 Const.i.tution, where no storm of pa.s.sion can shake it, and no cloud can obscure it. For this reason, and not because I believe the Civil Rights Bill unconst.i.tutional, 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 pa.s.sage 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 ill.u.s.trates the principle involved, when a foreigner arrives upon our sh.o.r.es we should not say to him, 'At the end of five years, when you have familiarized yourself with our inst.i.tutions, 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 citizens.h.i.+p 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 inst.i.tutions, should be the very last to be trusted to take any share in preserving, conducting, and carrying on that Government and maintaining those inst.i.tutions."

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 amus.e.m.e.nt 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 cla.s.s, 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 const.i.tutional qualification, and all will be well."

Mr. Raymond spoke in favor of the amendment, except the disfranchis.e.m.e.nt clause. He had opposed the Civil Rights Bill on the ground of want of const.i.tutional power in Congress to pa.s.s it. He favored the first section of this amendment, since it gave the previous acts of Congress a const.i.tutional 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 ma.s.ses 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 a.s.serted 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 a.s.sent to these amendments we s.n.a.t.c.h away from their hands the moment that a.s.sent 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 pa.s.sed laws disfranchising rebels. To obviate all objections to this section, however, he proposed a subst.i.tute 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 Const.i.tution. 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 a.s.sembled 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 a.s.serted: "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 inst.i.tutions as it chose to establish, not even by implication admitting that the representatives of the existing Government had any right to canva.s.s those inst.i.tutions, 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 Const.i.tution 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 Const.i.tutional 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 Const.i.tution 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 r.e.t.a.r.d, 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 pa.s.sed 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.

Sh.e.l.labarger 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 ent.i.tled 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, const.i.tuent parts of our Union. If I am correct in this opinion, what necessity exists for these amendments of the Const.i.tution? 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 partic.i.p.ate 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 reorganization 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 cla.s.s 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 disfranchis.e.m.e.nt 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 partic.i.p.ate 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 ma.s.s 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 ma.s.ses 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 disfranchis.e.m.e.nt 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 partic.i.p.ate 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 aegis of the nation's flag, it is far more than the nation owes them."