The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-30
HOUSE OF REPRESENTATIVES,.


The Senate then adjourned.
HOUSE OF REPRESENTATIVE
Prayer being said by the Rev, Mr.. fusion, and
Mr. BOYD asked to be excused from serving or
the select committee of five, appointed oil the previ-
Gus day, the question Of the election of supern-
tendent of the foding-room; which was granted
The SPEAKER said the question before them
was the resolutions FROM the State OF Massachu-
sets, the gentleman from Illinois having the floor
MIR. HENLEY offered resolution.
Mr.. DOUGLASS refused TO yield the floor, but
allowed Mr.. Fl, to offer his resolution
The SPEAKER explained that il was not COM
pelcnt TO stop debate by resolution in that way
although II was sometimes usual to do so when the
House was In Committee Of the Whole.
The motion was Withdrawn.
Mr.. DOUGLASS then proceeded to address the
House He said the point to which he intended TO
direct the few remarks he would submit to the
House, would embrace the instructions which were
moved 10 the select committee. Those instructions
were to inquire whether any, and Il any what, pro-
visions could be made to guard the baot-box and
the purity of American institutions. To those in
structions he objected, because they implied the ex-
istence of power In Congress to punish frauds ON
the elective franchise. He was willing 10 90 as
far as any other gentleman could desire in the ex-
ercise of constitutional privileges and power and to
meet frauds not only on the ballo-box but in the
naturalization, or any OF the other laws nstitu-
tons of the country but while 1t was important 10
guard the ballot-box against frauds and corruption,
il was equally important that the legislature should
refrain from the assumption or exercise Of powers
clearly reserved to the States by the constitution OF
the United States. 1t confers upon Congress the
full and exclusive power TO establish naturalization
laws throughout the United States. On that point
there could be no doubt But he denied that nat
uralization included the right of voting. He de-
MED voting WAS of the f1rivileqea which
constitution gave Congress the right to confer The
provisions of naturalization as distinct from
that of voting were the functions of the federal
from those of State governments. Naturaliza-
ton conferred the right of citizenship; and citi-
zenship conferred the right to he protected by
the government in war as well as in reace; the
right TO sustain actions in our courts in time of
war; the right OF holding real estate, and dispose
of property by descent, besides great many other
civil privileges which were dervable from naturall
cation. These the results of naturalization as
il existed in England, and it existed In this
try before the formation of the constitution Natu-
raIizaton, then, was clearly and distinctly under
stood, when that term was introduced into the
stltution-as clearly as was any other legal term,
such as bankruptcy, &C., employed in it. He APP.
pretended, then, when they conferred on Congress
the power of establishing uniform naturalization
law, they Used the tefm under its legal sense and
proper Specification which il bore at that time. And
he was sustained in that position by reference to
the debates and proceedings which took place in the
convention which formed the constitution. By a
reference to these debates, it would be found that
when proposition 10 establish uniform voting was
made, when the examination of that question was
entered upon, il was finally settled as we find il in
the constitution of the United States. But it was
found that there were numberess difficulties with
in its settlement, and differences of views between
delegates which were impossible to reconcile. These
difficulties from the fact that the old thirteen
States were each independent Of the rest that each
had its own distinct code of laws, and that each
prescribed for themselves such laws and regu-
latlons as they pleased. These were as various
and as different as the number Of the States
themselves. Some allowed negroes TO vote on
an equal footing with the white man; others,
whose tastes were somewhat different refused to do
SO, or allow the black man the right to vote at ALL
Some restricted the rights Of citizenship Others
threw the door wide open and welcomed the friends
Of liberty there in the persons of foreigners from
every land, ard conferred privileges upon them
before the provisions Of naturalization were con-
summated. 1t was found that each delegate adj
hered to the system prevailing in his own State,
and for no consideration would yield or compro-
mise. A southern man would not consent 10 a
black fiaf's standing side by side with him, and
voting Again, many would no. consent that the
negro should be deprived of the tight altogether. In
some States where they prescriHta a properly quail
ifcation, and restricted the right Of suffrage they
were not willing to throw open the doors TO all who
should claim the right Of voting. There were as
great differences of opinion The States themselves
were diverse and numerous and the convention dis
covered that there they must fall on rock or COM
promise the question. They did so; and that com
promise was 10 lie found in the second section let
article of the constitution Of the United States:
"The House Of Representatives shall be conipoa-
ed of members chosen every second year by the
several States; and the electors in each State shall
have the qualifications requisite for electors of the
most numerous branch Of the State legislature"
Yes, the question was xnressly sent back to the
States to decide, each for themselves, as each
thought proper The right to do that never can be
taken away Each State Of this Union fixes such
qualification for the right Of voting as they think
proper, and when each State decides that for them
Selves 1t is settled! For instance, would any person
here say That free negro, possessing certain
amount of property, might not vote, if the laws of
any particular State said so; that he should not
vote for members Of Congress- the constitution hav.
ing said to the contrary
The laws of Sottth Carolina said, the negro shall
not vote; the constitution does not say TO the con-
rary; II saysthat naturaized aliens shall vote Each
State declares who shall vote for members of the
most numerous branch Of the legislature, and the
constitution comes in and says, such electors shall
vote for members of Congress. The question was
as clear as truth itself. 1t unnecessary to eu
eidate It, The constitution had settled it in so MANY
words. The constitution equally explicit on the
question of the presidential elections each Stale shall
appoint such manneras the legislature thereof may
direct number OF electors equal to the whole number
OF senators and representatives to which the States
shall be entitled in the Congress- but no senator or
representative, or person holding an Office of trust
or profit under the United States, shall be appointed
an elector." Each State was to appoint, in such a
manner as the legislature thereof shall direct, the
number OF persons to be eligible vote as electors
Tor 10, President of the United States. The State OF
Virginia thinks proper to say who shall be electors;
the State of South Carolina directs that the leeisa
turc itself should appoint them. Did any man
there deny the right Of South Carolina to do SO
without any reference to the people, il she thought,
proper They might doubt the policy in SO doing,
as they might doubt that Of the law relative 10 vo
ting in many States; but they could not then stop to
debate But the question of constitutional ROVER
was settled by that instrument which held the sew
eral States together. He (Mr. d. would saw over
again mat each State might appoint voters and elect.
ors as 1t thought proper; and each State might de-
hne what should be the qualification for members Of
the Legislature; and when they are prescribed. The
constitution of the United States adopts them. Il
says distinctly that those persons who are qualified
to vote for the State legislature shall vote for ,o