February 6, 1869

The PRESIDENT pro tempore. The joint resolution (H. R. No. 402) proposing an amendment to the Constitution of the United States is bel ore the Senate as in Committee of the Whole, and the Senator irom Kentucky is entitled to the floor.

Mr." D A V1S Mr. President, I feel toomuoh indisposed to discuss the subject under consideration and I therefore decline to make any speech upon it.

Mr. DOOLITTLE. Mr. President, I do not intend to take up much time

Mr. TRUMBULL. Before the Senator from Wisconsin proceeds I ask him to give way to allow a motion to be made to rescind the order for an evening "session to night Let us continue on as long as we think proper this afternoon and have no night session.

Mr. DpOLITlXB. I have no objection to testing the sense of the Senate 011 that question.

Mr. TRUMBULL. I m 5ve that the order of the Senate for an evening session this evening be rescinded.

Mr. STEWART. I have no objection to rescinding that order, but 1 shall insist on continuing in session until the resolution is disposed of.

Mr. HENDRICKS. To night

Mr. STEWART. To niglit I want a vote to night

The PRESIDENT protempore. The motion to rescind the order can only be entertained by unanimous consent. Is there any objection?

Mr. STEWART. I certainly do object if there is not a general understanding that we shall sit on until we take the vote.

The PRESIDENT pro tempore. Objection being made, the motion cannot be received. The joint resolution is before the Senate, and the Senator from Wisconsin is entitled to the floor..

Mr SUMNER I beg to suggest to my friend from Nevada that the Senate will be driven to adjourn at ail early hour, before four o clock because I think the Senate is not disposed to ijo home at four o clock and come back 011 Saturday night.

I he PRESIDENT pro tempore. The Senator is not in order. The joint resolutiou is befoie the oena te and the Senator from Wipe* consin is entitled to the floor.

Mr. DOOLITTLE addressed rthe ;Senator: [See Appendix.]. .V..

The PRESIDENTtempore. The question is on the amendment of the Senator from" Oregon, [Mr. .Williams.]

Mr. (SUMNER. What has become of the amendment of the Senator from Connecticut* [Mr. Dixon?]

Mr. BAYARD. I desire to make some remarks before this question is disposed of.-

Mr. HENDRICKS. The Senator from Delaware told; jnp a few moments ago that he was not well to day -,fie is anxiousthathe should not speak until Monday. I understand there is no desire to press a vote, to dayif we can come to a- vote on Monday .afternoon about four clock That would give* the Senator from Delaware an opportunity to speakon Monday.

Mr. BAYARD addressed the Senate. [See Appendix.

The PRESIDING OFFICER, (Mr. Cole in the chair.) The .pending question is on the amendment of the Senator from Oregon, [Mr. Williams,] to insert the word" natural born before the word "citizens" in the amendment of the Senator from. Nevada, [Mr. Stewart.]

Mr. WILLIAMS. Since I offered that amendment several Senators and others have inquired of me the meaning of the word" natural bora j" and to explain what I mean, I will simply say that I h ve employed the language of the Constitution. The fourth clause of the first section of article three -provides that—

."No person except a natural bom citizen* or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President."

What natural born meansin the Constitution of tli e United States it means in this amendment which I propose. I will say that this amendment which I have offered seems to have been misunderstood, and perhaps on that account I ought to withdraw it, although if it should be made a part of the report of the Committee 011 the Judiciary it would accomplish all that is desirable in respect to the Asiatic races that are pouring into this country.

Mr. STEWART. I suggest to the Senator from Oregon that he withdraw the amendment and let such a provision be made in the naturalization laws as will exclude persons who are incapable of being citizens. There is no propriety in naturalizing any person of such a character that it is manifest to everybody he cannot under any circumstances perform the duty of a citizen. I think that ought to be done in the naturalization laws, arid not in the Constitution.

Mr. WILLIAMS. I will briefly explain the amendment and its effect.

Mr. FESSENDEN. Read it first.

Mr. WILLIAMS. The amendment of the committee reads:

The right of citizens of the United States to vote ?n<! hold office shall not bo denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

I propose to insert before the word" citizeu" theword natural born so thatitwill read:

Tho right of nntural born citizens of the United States to vote and hold offico shall not be denied or abridged by the United States or by any State on account ot race, color, or previous condition of servitude.

If that amendment is adopted it will not be competent for Congress or for any State to discriminate against any person born in the United States on account of race, color, or previous condition of servitude; but the States may discriminate as against foreign born persons. Adopt this amendment of mine and the States of California and Oregon would be able to provide that any persons born in China or Japan should not exercise political power in those States, but California or Oregon could not provide that any person born in the United States, no matter what his color might be, should be deprived. of the elective franchise or the right to hold office; so that the effect of- this amendment would be that it would leave it with the States to declare that persons born in Asia or in Africa should not exercisa political power within the several States?-

Mr.' FESSENDEiT., Without the consent of the States?,

,Mr. WILLIAMS. Without the consent jo fj the States. So far a s Africans are concerned, it' would be practically inoperative, because there, are no Africans immigrating to, the United' States, and there is no probability that g n y Considerable number ever will immigrate; but il allows he States on the "Pacific, coast 'to proyj J e t iat p ersons who immigrate "into 'those' States from Asia shall not vote or hav e tbe right to now office.

;>r. fESSISNI EN Might, it not affect Europeans under the naturalization laws?

Mx., WILLIAMS. Certainly it could not affect Europeans. Nd distinction can be made against an Englishman or a German on account of race, or color by the people „of'. the United States. "No constitutionalameijdmeritrc ould be adopted in a State declaring that a German should be excluded from, the elective franchise or the right to hold office on account of race, for they belong to, the same race that we do,',

Mr TRUMBULL Will it not be competent under your amendment, jfitisadopted, forthe State of. New York or any other State to provide that a person born out of the United States shall neither hold office nor vote?

Mr. WILLIAMS. Certainly not; because this only allows a State to discriminate against foreigners on account of race or color. No other discrimination can be made against foreigners. New York might say that an African, Dn account of his race, should not vote or hold office in that State. California might say that a Chinaman should not exercise the elective power or hold office .in that State. But under this amendment New York could not say that an. Irishman or a German or any European should not exercise the elective franchise or hold office within that State. It is very singular that this cannot be understood:

The right of citizens of the United States to vote and hold office t shall not bo denied or abridged by the United States or by any State on account of race, color, or previous condition.

This is intended to prevent discriminations on account of race or color, and nothing else No other power is restricted by this constitutional amendment except the power to discriminate* against persons on account of race or color. I propose to leave it. with the States to discriminate against foreigners pn account of race or color, so that it may be enacted by the State of New York thatAfricans i mmigA ting into the United States shall not hold office in that State; thus discriminating against foreign born persons of the African race on account of their color.

Mr. FESSENDEN. I will ask the Senator whether there is any such received division and enumeration of races that questions could not be raised with reference to that? I think that the writers on the subject vary all the way from sixteen down to five as to the number of race s intowhich the human family is divided. Now, which division will you .take? How many races are there? What are their distinctions? How are they to be established?

Mr. WILLIAMS. Well, sir, if we propose to incorporate into the Constitution a provision that recognizes the distinction of race or color, as is proposed here, I suppose it will be no more difficult with my amendment to make that recognition than to make it without my amendment. Certainly, it is well understood what we mean -when we say that persons in this country are excluded from the elective franchise on account of race or color. It is assumed by this .constitutional amendment that tli e States have the power to exclude pe rsoji s iiom the elective franchise on account of race or color. Does any State exclude a German on account of his race or an Irishman or an Englishman?'

Mr. FESSENDEN. But might not a State aiterwara t That is for the State to determine.

Mr. TRUMBULL. Are the Turk and the German of the same raofe?

Mr. WILLTAM9. I suppose they would all come within the denomination of the Caucasian race if that sort of division is made. But how does it happen so suddenly that this difficulty about a distinction as to race or color looms up here on this particular amendment, ■when the whole constitutional amendment is founded upon a supposed distinction between races and colors of persons? I only wished to explain the amendment, if I could, so as to have it understood. I am only anxious in all that I say or do in reference to this amendment to enable if possible, Congress or the States on the Pacific coast, as they are the States directly interested, to prevent the thousands and perhaps millions of Chinese who may flow in upon tbat coast from taliing possession of the political power of that portion of the Republic. That is all that I desire to do. But as I before suggested, as I see that this is susceptible of being misunderstood, though it is all plain to me, I do not care to press the amendment, hoping that I may accomplish the same result in some other way upon the numerousamendments that are offered to the amendment of the committee, and therefore I withdraw the amendment.

Mr. DIXON. I now offer the amendment in the recital, if it is in order, if nothing else is pending—the amendment which I offered the other day—to strike out the words" the Legislatures of' and to insert the words'" conventions in."

Mr; SUMNER. I suggest to my friend, the Senator from Nevada, who lias this resolution in charge, that he consent to the rescinding of the order for a recess; that we shall go on without a recess.

The PRESIDENT pro tempore. The amendment of the Senator from Connecticut is in order, and it will be read.

Mr. DIXON. I am informed by the Clerk that the vote must be taken upon the amendment of the Senator from Nevada first; and I will therefore wait until that vote is taken.

The PRESIDENT pro tempore. Then the question• is upon the amendment of the Senator from Nevada.

-Mr. STEWART. Before that is proceeded with I wish to make a suggestion in regard to an evening session. I see no necessity for that, inasmuch as apparently we cannot finish the resolution to night unless gentlemen on the Republican side o f the Chamber desire to discuss it further. If they do, it seems to me we ought either to finish the discussion as far as they are concerned now, or come here this evening and do so. If many gentlemen desire to discuss it—and by that I mean the general subject, and not the language of the amendments that have been suggested—it will facilitate matters very much if they will make their speeches this evening. If that can be accomplished by reeinditig the order for a recess I will move to do so, and let the discussion go on. Mr. CORBETT. I desire- to submit a few remarks on this measure, and for that purpose I will ask the Secretary to read the amendment offered by me, which, I believe, is definite in its terms

Mr. STEWART. Before the Senator proceeds, inasmuch as it is the desire of the majority of the Senate to have this matter concluded on Monday—I believe it is agreed upon that it shall be finally concluded at that time— I will move that the order for a recess be rescinded; and I hope that such members on the Republican side of the Chamber as desire to discuss this question will conclude their arguments before we adjourn to day I move that the order of the Senate providing for a recess be rescinded so far as to day is concerned, without affecting the order for a recess on Monday.

The PRESIDENT pro tempore. That motion will be put if there be no objection. It requires unanimous consent. It is moved that the order for a recess be rescindedfor this day. The motion was agreed to.

Mr. CORBETT. I ask for the reading of thte amendment which I have submitted.

The PRE SID B NT pro tempore. .The amendment will be read.

The Chief Clerk -read the amendment intended to be proposed by Mr. Corbett, which is to add to the first section of the proposed article:

JBufe Chinamen not born in the United States and Indians not taxed shall not be deemed or made citizens.

Mr. CORBETT. Mr. President, this question of suffrage is one upon which, I believe,' I have never before expressed my views in the Senate. It is a question that has agitated the people for a great many years, and it now comes up in such a form that if the amendment proposed be adopted, giving the right to Congress to control the question, Chinese suffrage will virtually be adopted upon the Pacific coast by the authority of the United States; or at least after this amendment shall have been adopted the naturalization laws can be so altered by Congress as to admit of Chinese suffrage upon the Pacific coast.

The principle of giving universal suffrage to the people of the States lately in rebellion without requiring any conditions of property or of education has been a matter upon which men have differed greatly. Such conditions were formerly made by the States of Massachusetts and New York—conditions precedent to the voting of the negro race, they being thought to be an inferior race at the time they were held in slavery; and the right to vote at all was withheld fromthem in other States. I presume it was owing to the prejudice which existed to a great extent in those States during the early history of our country and while slavery prevailed. In my judgment it was this prejudice which induced the States to make such restrictions. Sir, I saw no way in which' the colored people of the lately rebellious States could be protected unless by giving them universal suffrage, and for that reason I was in favor of the laws passed by Congress for reorganizing those States.

At the time I was elected a member of this body a constitutional amendment known as the fourteenth article was before the Legislature of my State. I expressed myself favorably to that article of amendment, and I believe now that it is the most wise proposition that could be adopted and is better than the one pending. That fourteenth amendment has been adopted and declared to be a part of the instrument, and the following is a summary of its provisions:

All persons in the United States and subject to the jurisdiction of the Government of the United States are citizens thereof.

All persons naturalized in the United States are citizens thereof.

No State can make or enforce any law abridging the privileges or immunities of citizens of the United States.

No State can deprive any person of life, liberty, or property without due process of law.

No State can deny to any person within its jurisdiction the equal protection of its laws.

The States severally may regulate the exercise of the voting franchise in their borders; but if any State disfranchises any class the representation of the State doing so is to be reduced proportionately to the number disfranchised.

Leading traitors shall not vote or hold office under the United States, but a two thirds vote of Congress may remove either of these disabilities.

The United States debt shall never be repudiated.

The rebel debt shall never be paid.

Mr. President, such were the provisions of the fourteenth article of amendment, and in my opinion it was wise and proper at the time of its adoption, and I believe it to be wise and proper at the present time. I believe it is well enough as it is; but the proposition now before us virtually contradicts some portions of that constitutional amendment. After it was adopted the Republicans of the State which I have the honor in part to represent, in March last, at their State convention, resolved:'

"That the w< State s nelo n s

Government, and indorse the- thirteenth and fourteenth amendments of the Constitution, and the acts of Congress commonly called the reconstruction acts, as the best plan yet proposed for t he 'restoration of the States lately in rebellion to their former relations to the Federal Government."

Again:-

Resolved, That under the Constitution the JFedsral Government has no right to interfere with the elective franchise in any State having representation m Congress arid Where civil government is not orerun own by the rebellion.", I' 3 Such were the resolutions' adopted bytb&'- Republicans of my State before they held their* last congressional election and before thepresi 4 dential election. Inthe national convention at Chicago, of which I was a member, a resolution tionwas adopted on the same subject in Which I coincided, and I do not feel at liberty to depart from the doctrine there laid down paF« ticnlarly as the doctrine of my own State -is substantially to the same effect. The Chicago convention resolved:

That the guarantee by Congressof equal suffrage' to all loyal men at tbe South was demanded by every consideration of public safety, of gratitude, and q£ justice, and must be maintained, while the questioif ot suffrage in all the loyal States properly belongs to the people of those States."

Sir, in this resolution our national platform recognized the right of the States to control' the question of suffrage, and I do not feel disposed to disregard the obligations we there pledged to the people of Oregon and the Pacific coast, and violate that platform.

Sir, the giving of the right of suffrage to the colored people in the southern States, who are' a different race entirely from the Asiatics who are now flocking to the shores of the Pacific, was right. The Great Ruler of the universe has blessed our efforts in that direction. He has crowned this with His approbation. By reason of justice to those people the overthrow of slavery, which was sought for by good men in the early history of our country, has now been accomplished by the blessing of an overruling Providence.

But now the question arises how far we shall extend the suffrage and to what classes ofpeoj pie. With regard to the Chinese, they are a pagan nation. They worship their god "Josh," a god made of wood. We have the experience of the past ages of those nations; who worship gods of gold, gods of wood, and gods of stone. They have nearly all deteriorated and passed away, and either been obliterated or been absorbed by great Christian nations. They have been superseded by those great, enlight* ened, and powerful nations that recognize the one and only true God.

It may be prudent for us to consider at this time whether we shall establish in this country an Asiatic people who are pagans, who areuot Christians. With the- experience of the past few years on the Pacific coast We have found that this class of people are not beneficial to the advancement of those Christian institutions that lie at the foundation of our Government. The presence of large numbers of them in our midst is not beneficial to the observance of the Sabbath day. It is not encouraging to the Sabbath school which is the nursery of our children, and which is to fit them for enlightened' and powerful and good statesmen. The question now is whether for our own race, whether for the benefit of our posterity, we shall not make this exception as against the Chinese.

This question reaches beyond the common rights of man under a' Christian nation such as was founded upon Plymouth Rock. It reaches the very foundation of our Christian institutions. Allow Chinese suffrage, and you may soon find established pagan institutions in our midst which may eventually supersede those Christian influences which have so long been the pride of our country.

Sir, during the eighteen years I have resided upon the Pacific coast these nurseries of religion, Sabbath schools common schools, and all those institutions which conduced to th® purity of society and the good order of the State have been objects of solicitude and care, and I, for one, must object to granting the right of suffrage to a class of which embrace s a rfatkm oowposed 'of p«th*; fcraro *rx- hon' dred million persons who can come to our shores and supersede us in the establishment of institutions of their own, which may be detrimental to us, and finally overthrow our cherished system.

•As I said before these nations that have Worshiped Be ihen gods have, been o ver thrown a n4 aper §ede by Christian nations, and I think it is very fair t® presume that the overruling providence of God may curse win the, same ways and tbatwe may eventually be owtbwwra by that .class of people who come; tp our P eifie shores if we do not guard the priceless legacy which has been intrusted to. us. For that reason I oppose the present const! tuiio sal amejidme ntas it is submitted to us, and I offer ab amendment to it in a definiteform to exclude this pagan nation, and I trust it will be adopted,

Mr. SAULSBURY. I proposed, Mr. President, -to address the Senate on this Question before tike debate closes, but having heard a remark made some time' ago by the honorable Senator from Nevada, who has the measure in charge, I do not wish to go on this evening, biqji i wiU say that i will cheerfully give •way to any gentleman in the Senate favorable tothemeaauie who way wish to speak now,- leaving tee the right to take the floor oa Monday morning.

Mr. DRAKE. I inquire of the honorableSenator few Delaware whether the package be has before him oji his desk is the speech He is to deliver,? [Laughter.]

Mr. SAULSBURY. No, sir. I have no written speech.

Mr. DRAKE. Because if that be the bulk of it J would suggest that we should adjourn immediately. [Laughter.]

Mj\ SAULSBURY. I will say to my honorable friend from Missouri that this is a question .of swell magnitude, of such vast importance to the present and future well being of y country, that I find it unnecessary ijj the discussion of its principles and its objects to commit to writing .anything I have to say on this subject. I shall trust to the inspiration of the hour.

The PRESIDENT pro tempore. The question is op the amendment of the Senator from Nevada;

Mr. -SAULSBURY. If no gentleman on the other side wishes to address the body I move that the Senate adjourn.

The (motion was not agreedto.

Mr. SUMNER. I move that the Senate proceed to the consideration of executive business; and I would say that there aredocu men ts ly ing «u the table w bich it is important to have printed, and I ,wish to move their printing Jvben we go into executive session.

Mr. WILSON. I desire to submit a .proposition which J shall offer as an amendment to thepepding joint resolution, and J wish to liavoit printed.

The PRESIDENT pro tempore. The proposed amendment will be ordered to be printed.

Mr. FERRY. Before the question is put on the motion to go into executive session J desire to make an inquiry. I have been told that there has been a kind of understanding entered into that all that are friendly to this measure should speak to day Lam aware of so such understanding. I merely wish to have it understood that therejs no such understanding, so far as I aw concerned.

Mr. STEWART. There is no understanding.!■ simply made a request that those in favor of the measure would go on .so as to get through, the .speeches on that side to night if possible, for .it is very desirable that the friends of the measure ah all not occupy time ■on Monday.

Mr. THAYER. I will say that I will support the Senator from Nevada impressing a •vote on Monday..•;

The P RES1 DENT pro teafjparel The question is on the motion of the Senator from Massachusetts, that the Senate proceed to the cojv ■siaeratioo ,o( xecut ive business.

Mr. CAMERON. I hope shall not at this late hour of the day go into executive session. The question being put, there were on a division—ayes 22, noes 10.

The PRESIDENT pro tempore. There is not a quorum voting.

Mr. CAMERON. I move that the Senate adjourn." 5"'.

The motion was agreedto; there being on a division—ftyps; 25( noes 18; and the Senate adjourned.