May 9, 1866 (5)

Mr. ELIOT. Mr. Speaker, at an early day during this session I offered for the cons uleta tion of the House the following propositions: 1. That the United States as conquerors in war no v have the political j power of the States recently in rebellion.

2. That, until action by Congress, the President, as Commander in Chief of the Army and Navy, has authority to organize and maintain government ■within said States.

3. That the said States are not entitled to take part in the government of the United States until Congress shall, on such terms as it may prescribe, confer upon them the power to act.

4. That, disclaiming all desire to impose on them hostile or burdensome conditions, and mindful only of irreversible guarantees against future disunion or secession and of plighted faith to all wlio have aided in the overthrow of this rebellion, wo declare it to be an indispensable condition for the recognition of said States that their constitutions should secure to all the inhabitants thereof equal rights before the law without distinction of color or race.

The resolution embodying these propositions was referred, under the rule of the House, to the committee on reconstruction, and the action of that committee is now before the House in the form of a proposed amendment to the Constitution and of two bills, which will be considered in their order.

The proposed amendment contains five sections, and they are as follows:

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 ot life, liberty, or property, without due proe ess oflaw; nor denyto anypersonwithin its jurisdiction the equal protection of the laws. mm- Sec. 2. Representatives shall be apportioned among the several States which maybeincluded 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 such male citizens shall bear to the whole number of male citizens not less than twenty one years of age.

Sec 3. Until the 4th day of July, 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. i. 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 ot 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 enforcby appropriate legislation the provisions of this article. This amendment is not, as I believe, all that ought to be offered by that committee and passed by this House and made by the loyal Legislatures of the United States a part of our organic law; but it is right' as far as it goes, and upon careful examination I find contained in it no compromise of principle. That being settled I am willing to defer to the opinions of other gentlemen, and be content with the best that can be obtained.

In the fourth proposition submitted by me in December last 1 stated what, in my judgment, we ought to demand. But that cannot be had. The time will come, I do not doubt, when in this Union of ours all men will stand equal before the law in their political and civil rights.

One amendment to the Constitution lias been passed by this House and rejected by the Senate. 1 felt compelled to vote against it here although I regretted to be separated from friends whose judgment I respect. But for the reasons which I briefly gave at the time I could not unite with them upon the proposition then made.

The amendment now offered, while it is not all 1 could ask, is not open to the objections which then controlled my vote.

And now, Mr. Speaker, I shall very briefly give my reasons for sustaining the report of the committee and voting for the amendment which they offer to the House.

I support the first section because the doctrine it declares is right, and if, under the Constitution as it now stands, Congress has not the power to prohibitState legislation discriminating against classes of citizens or depriving any persons of life, liberty, or property without due process oflaw, or denying to any persons within the State the equal protection of the laws, then, in my judgment, such power should be distinctly conferred. I voted for the civil rights bill, and I did so under a conviction that we have ample power to enact into law the provisions of that bill. But 1 shall gladly do what I may to incorporate into the Constitution provisions which will settle the doubt which some gentlemen entertain upon that question. The second section, Mr. Speaker, is, in my judgment, as nearly correct as it can be without being fully, in fall measure, right. But one thing is right, and that is secured by the amendment. Manifestly no State should have its basis of national representation enlarged by reason of a portion of citizens within its borders to which the elective franchise is denied. If political power shall be lost because of such denial, not imposed because of participation in rebellion or other crime, it is to be hoped that political interests may work in the line of justice, and that the end will be the impartial enfranchisement of all citizens not disqualified by crime. Whether that end shall be attained or not, this will be secured: that the measure of political power of any State shall be determined by that portion of its citizens which can speak and act at the polls, and shall not be enlarged because of the residence within the State of portions of its citizens denied the right of franchise. So much for the second section of the amendment. It is not all that I wish and would demand; but odious inequalities are removed by it and representation will be equalized, and the political rights of all citizens will under its operation bo, as we believe, ultimately recognized and admitted.

The third section, Mr. Speaker, disables until July 4 1870 those who voluntarily sought to destroy the Government from taking part in the election of President aifll Representatives in Congress.

Will any gentleman venture upon this side of the House to argue that such men should be restored at once to all their political rights within the Union? 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 cannot restore them. Those men cannot 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 tlieyhave 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. Mr. Speaker, if this war has not been fought in vain; if our young men have not in vain offered up their lives in battle for their country; If the treasure and life of this land have not been sacrificed for naught, this thing must not be done.

But, Mr. Speaker, this section is not vital to this amendment. It may be stricken out, and the affirmative value of the amendment will yet be retained. I do not agree with those gentlemen who have contended that the amendment would be in effect deprived of its great value if the third section is omitted from it. The objection to it, the only objection which I remember to have heard, excepting that made by the gentleman from Ohio, [Mr. Garfield,] which was answered by his colleague, [Mr. Schenck,] is based upon the argument that the section would be practically inoperative. Ifthatcanbe shown it should not be retained. But I have this to say in reply to this suggestion: there are two descriptions of persons who maybe affected by this section. There are, first, the masses of men who do not direct affairs, but are themselves guided and controlled by others. There are, as we have reason to believe, multitudes of these men who had no heart for the rebellion, as they could see no profit to themselves, even in its success. They were led into it, seduced into it, dragged into it; yet, being engaged, they may have so far voluntarily aided as to be within the letter of this section. From, their early life these men had been accustomed to defer to the will of others. Now, there may be difficulty in applying this provision to such, as these. Indeed, I am not anxious that it should be too generally applied. And it would probably be found, in the practical operation of this section, that such men were not so "voluntarily"' acting as to be embraced by its terms. The will was wanting. They engaged in the rebellion more by force of the willof others than of their own. But this section would reach the solid rebels, the men of weight, of personal force, of high social character and position, the leaders in the various circles; these men would be reached. There might be doubt as to the others, but here there would be no doubt. In every community the leading men are known; because they were leaders they are known. They have controlled affairs, they have formed public opinion, they have swayed and directed and planned. Without these men of leading character, and strong will, and personal individual energy, the rebellion could not have gained its great proportions. These men know well what they wanted, and they knew well how they might most surely succeed. Whether in field or camp or council, ia the army or in civil life, in cabinet or counting room in city or in country, these men are known; there Mtn be io doubt as to them,

Now, when the whole efforts of these men were directed against the Government, I want to ask if there is any reason or propriety or decency or sense in permitting them now at once not only to be remitted to all political power, and thus to determine, so far as they can, by whom the legislation of Congress shall be conducted, and who shall be our President, but also to determine themselves the very questions involved in the reconstruction of the Government. We have become conquerors, have we not V Tell me, I pray you, when was the magnanimity of the conquering force ever taxed as the magnanimity of this nation would be by such a proposition? If this third section is stricken from the amendment I shall still support it. But unless I shall be satisfied by the arguments which I may hear that it will .be so impracticable to enforce the provisions contained in it that it would be substantially inoperative, I shall vote to retain the provision in the amendment as reported.

Mr. Speaker, the fourth section of the amendment commends itself to all of us without argument. It does not need to be defended.

And for one, I am content to approve the action of the committee, and to commend it to the favor ol the people whom we represent.

I can have no doubt that the duty is laid upon us by events which we could not control so to legislate that the restored Union shall be perpetual. Our people demand this now at our hands. The responsibility is fearful, but it is glorious too, if only we do right. Never had any Congress such questions to determine. They enter into the whole future life of the Republic. We have seen the false corner stone knocked from beneath the temple. It must be replaced by a corner stone of righteousness, solid and square and true. And that work is in our hands, and it must be done.

Now, Mr. Speaker, I believe if this amendment shall be adopted here and the bills reported shall be substantially enacted, the great work committed to us will be quickly and well accomplished. If it be possible let us act together. It is not possible that all of us can be fully satisfied. But this amendment is, in my judgment, safe and sure common standingground. Let us place ourselves upon it. There is room enough for all.

Mr. SHELLABARGER. Mr. Speaker, I desire to make a single suggestion in connection with the thought that has been uttered by my friend from Massachusetts, [Mr. Eliot,] in regard to the practicability of executing a provision of the Constitution or law of Congress which should exclude from the elective franchise those who are disloyal. Now, sir, I admit and have always admitted the practical difficulties which are there. As L said before, I say to day I would not myself apply to the masses of the common people of the South any exclusion from the elective franchise. I would not extend it to a single person whom I was not compelled to extend it to by my duty to the public.

I make this general remark for the purpose of doing what! now do. I do not fully agree with my colleague who spoke yesterday, that it would require standing armies to execute this law or this provision of the Constitution, but I suggest to him, and to all other right minded gentlemen in regard to this matter, this really is not surrounded by any practical difficulties after all, and will not require standing armies for its execution if we are to have any Government at all. In vindication of that proposition, let me remind my colleague, and all other gentlemen who make this objection, that there is a plain provision in the Constitution to" which we may recur in execution of this amendment] or this statute, as I hold we may give it the form of a statute. I will read it:"

The times, places, and manner of holding elections for Senators and Representatives shall be prescribed iu each State by the Legislature thereof; but the Congress may at any time, by law. make or alter sueli regulations, except as to the places of choosing Senators."

Now, sir, there is the very law indicated in certain resolutions introduced by my friend from Itliode Island [Mr. J excess J on this subject for the execution of this provision. It: indicates a method for the execution of any j provision that Congress may put into the Con- j Constitution. It will not require standing armies. Here there is an act providing a method for j holding elections in States for Federal offices, j 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 j 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.

That will not require a standing army, and it will be the application of the ordinary methods of carrying on a Government both of the Union and of the States.

I may add, however, in connection with this, that you can provide that the officers of election shall be Federal officers appointed by the Government of the United States, and the entire machinery that is used in regulating the. elections can be provided.

[Here the hammer fell.]