March 26, 1962 (4)

The Senate resumed the consideration of the joint resolution (S.J. Res. 29) providing for the establishing of the former dwelling house of Alexander Hamilton as a national monument.

Mr. DOUGLAS. May I address an inquiry to the Senator from Florida?

Mr. MANSFIELD. purpose.

Mr. KEATING. Mr. President, who has the floor?

The PRESIDING OFFICER. The Senator from Illinois has the floor.

Mr. DOUGLAS. Mr. President, I have in my hand the new amendment of the Senator from Florida. In order that the situation may be clarified, may I inquire of the Senator from Florida if the new amendment strikes what was the former section 2 of his proposal?

Mr. HOLLAND. Mr. President, in response to the question of the distinguished Senator from Illinois, what he has said is correct. There are two other minor changes of which I think the Senate should be apprised.

First, the direct election, if any, of President and Vice President would be covered by the amendment in its present form, though the original form covered only the electors for President and Vice President.

Mr. DOUGLAS. The Senator is correct.

Mr. HOLLAND. Second, since section 2 is eliminated, the requirement relative to a property qualification is also eliminated, because section 2 related only to that provision. May I say to the distinguished Senator from Illinois and to the Senate that all of the more important objectives in the original amendment are preserved:

First, the imposition of a poll tax as a condition for voting for Federal elective officials would be prohibited.

Second, the imposition of any substitute tax ip. lieu of a poll tax would likeThird, the amendment would apply not only to the States, but to the Congress, which is a principal objective of the amendment. _

Fourth, I have made these changes in pursuance of a request from the distinguished . majority . leader, who felt . that the issue could be simplified in that way without losing ~ any · of its vital com- . ponents, and I have been very glad to accept that suggestion.

Lastly, I have offered the amendment with the joinder of the two distinguished leaders, at their specific request, so that it might be apparent that each of them is strongly supporting the amendment in the simplified form.

Under no circumstances do I wish to strike out the joint sponsorship of any of the other 65 Senators who joined in Will there be a the original amendment.

The Department of Justice has supported this position. Likewise, the distinguished chairman of the Judiciary Committee in the other body has supNA­ ported that position. I think we have simplified the issue and are proposing now an amendment which, by all means, should be submitted to the States, and which I think would be very promptly ratified by the States.

Mr. DOUGLAS. Mr. President, I have prepared substantially identical amendments, a.nd I am very glad that we have heard an illustration of either conscious or unconscious parallelism.

· Mr. HOLLAND. Mr. President, will · I yield for that the Senator yield?

Mr. DOUGLAS. I yield.

Mr. HOLLAND. Men of the same age must be pointed in the same direction in this matter, for whereas the distinguished Senator is celebrating-if one celebrates at the age of 70-his birthday today, I expect to celebrate that same birthday before very long. So it must be that men of about the same age have their minds opened in the same direction on this question.

Mr. DOUGLAS. Mr. President, whether it is in the germ plasma or not, I had intended to offer the same amendments to Senator HoLLAND's original proposal. What I have said does notremove my fundamental objection to the constitutional amendment process. I think it would be much better if we should proceed by way of statutory legislation. But some of my fears are removed by this new proposal. I am very glad the Senator from · Florida agrees that some problems were inherent in the original draft of the amendment.

Mr. HOLLAND. Mr. President, will the Senator yield?

Mr. DOUGLAS. I yield.

Mr. HOLLAND. May I make one additional comment? I have felt that the disposition of the majority leader to recess at this time was appropriate for many reasons, but particularly because the distinguished senior Senator from New York [Mr. Javits], who with other Senators has an amendment which, as 1 understand the rules, would have to be passed upon before my amendment 'in the nature of a substitute, is not here today and I felt that we should make sure that he has time to arrive here so that he can handle his proposed amendment, with which I believe all Senators are acquainted.

Mr. MANSFIELD. Mr. President, will the Senator · yield? · - ·

Mr. DOUGLAS. I yield.

Mr. MANSFIELD. There · was a fifth point that I forgot to mention earlier this evening. So far as I am concerned, I intend to move to table any and all amendments to · the pending proposal, _ because I want to see something tangible done. I do not want to see the present resolution confused to such an extent that it could possibly meet failure in the other body or in the Senate. Therefore I serve notice of my intention.

Mr. DOUGLAS. Mr. President, I yield the floor.

Mr. MILLER Mr. President, will the Senator from Montana yield for a question?

Mr. MANSFIELD. Certainly.

Mr. MILLER. I wonder if the majority leader would modify his intention in the event the proponent of the resolution would be willing to accept such an amendment.

Mr. MANSFIELD. I believe that even to that extent I would object.

Mr. HOLLAND. Mr. President, if I understand the suggestion of the Senator from Iowa, I wish to say again that I have no objection to any of the earlier cosponsors joining me as cosponsors of the proposed amendment. I do not believe the distinguished majority leader intended to voice any such objection.

Mr. MANSFIELD. The question

Mr. MILLER. I should like to make my question clear. In the event that the sponsors-and certainly the main sponsor of the amendment-were to consent to a proposed amendment, I should like to ask the distinguished majority leader whether he would persist in his position of proposing to table such an amend-

Mr. MANSFIELD. If the Senator will yield to me, I say that in that respect I would keep an open mind. I want the joint resolution passed. I want it passed by the Senate and by the other body also.

Mr. KEATING. Mr. President, I wish to express appreciation on behalf of my colleague [Mr. JAVITs] to the Senator from Florida for the consideration which he has shown, because my colleague is unavoidably absent on official business today.

I also wish to express my gratification over the fine rapport which seems to have been reached by both of the Senate's 70- year-olds. I congratulate both of them. They are valued members of the Senate. We are very fond of both of these septuagenarians. · · I should like to propound a parliamentary inquiry to the Chair. Will it be in order to offer as an amendment in the nature of a substitute for the pending resolution a proposal to get rid of the poll tax by legislation, rather than by · a constitutional amendment?

The PRESIDING OFFICER. It would be in order.

Mr. KEATING. I thank the Chair.