The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-04-30
Is PUBLJsnRD EVERY SATURDAY MORNING,
ny G. DU II n.
TERMS:
RATES OF CAaH ADvERTH1N0
sPRRCH OF SENATOR HARLAN.

SPEECH OF SENATOR HARLAN.
Amendment ~ the Constitution.
The Senate, April 9Th, as in Committee
Of the Whole, resumed the consideration Of
the Joint resolution proposing amendments
to the Constitution OF the United States,
the pending question being on the amend
ment reported by the Committee on the
Judiciary, Mr.. HARLAN said:
Mr. PRESIDENT: The measure now
pending purposes for Hhe consideration of
the several States an amendment to the
Constitution of the United States, SO al to
prohibit slavery throughout their jurisdic-
ton. Before it can become effective it
must be passed by two-thirds vote Of each
branch Of Congress and receive the appro-
val of the Legislatures Of three fourths Of
the States. An objection to its adoption on
constitutional grounds cannot, think, be
sustained, for the Constitution itself con-
tains provision for its amendment in this
mode.
Nor can the objection urged from the
other side of the Chamber, that a majority
of the people Of several OF the States are in
rebellion, and not in a condition to consid-
er this proposition, be made available, for
1t is not Contemplated. by the passage Of
this bill 70 exclude them from the esti-
mate.
There are thirty-five States now in the
Union including those a majority Of whose
people are still in open rebellion against
the Government. It Is expected that three
more may be introduced during the COM
ing year, making thirty-eignt in all Three
fonrths Of thirty-eight, emitting fractions,
would be twenty-nine. There are now
twenty-five States represented in Congress.
Including the three new States that proba-
bly, will he introduced, as above stated,
and We shall have twenty-eight, and We
learn that the States of Arkansas, Louisi-
anna, and Tennessee are preparing to re-
sumo the seats that their Senators and
Representatives evacuated two or three
years since, giving us thirty-One States in
all, two more than would be necessary to
secure q constitutional majority Of all the
States, counting those that have rebelled.
Others may also resume their accustomed
places in time to vote On this proposition !;
in fact, all may do so if they so decide
But if any should not they would have no
Just right to complain; for such as might
dissent agreed in entering the Union to
abide by such amendments As three fOurths
of the States should desire, notwithstand-
ing the objections of . minority not greater
than one fourth.
Nor could these States be permitted to
regard m amendment adopted In this mode
void, on account Of disability 10 consider
the proposition, occasioned by their own
rebellion, for it is settled principal Of law
that no one has right TO plead disability
growing out OF his own wrong. And 1t Is
Contemplated that all shall be counted as
opposing the amendment who do not vote
for IL. If any of the disabled States would,
if the disability did not exist. support the
measure, they could not complain Of its
adoption, and If they contemplated voting
against it, and are counted against it, they
would have no cause Of complaint. Then,
as il seems TO me an argument Of the con-
stitutiOnality Of this measure would be
leo inA nn =
ed for consideration is, the propriety of the
policy suggested by the amendment con.
tained in. the joint resolution. and il is on
that question that / propose briefly to ad-
dress the Senate.
Ought the Constitution of the Uuited
existence Of slavery in all the States Of the
Union?
1t is insisted from some quarters, and
has been suggested in discussion here, that
any provision of Constitution interfer-
ring with tho rights OF individual MEM
bers Of the comm unity to private property
should be rejected; that the right to proper
ty does not originate in the Constitution
or laws, that it existed preceding the or
ganization Of society, and that the great Oh
ject of the organization Of society must
have been tn protect, among other things,
the right of the Individual to his private
possessions. And admit the truth Of this
proposition. have attempted to de-
fend it, both in and out of the Senate. /
do not believe it would be good policy for
the people Of any State or nation to incor-
porate provisions in their Fundamental
law abrOgating the private rights OF indi-
viduals. COncede the power to do 30,
think the policy would be wrong. Hence
! proceed to inquire into the nature Of the
ne affected by the adoption Of the amend
ment proposed in the joint resolution
the foundation on which the claim 70 pro-
pefty in the service of others as slaves IL
based.
1t is maintained, believe, by all wri-
ters on elementary law that property was
originally the gift Of God; that the title Of
the individual to property originates in the
labor and skill and toll which be uses in re-
ducing IL TO possession and in enhancing
its value after it may have been rightfully
acquired; that each member of society has
the right to go to the common store-h house
Of ocean, ield or forest, and draw supplies;
when any individual member Of society
shall, by the applicationof labor and skill,
acquire the possession of any Of the pro-
ducts OF the sea. fields, forest, or air. 80
much a. has been thus rightfnlly reduced
to possession becomes his personal pri-
vate property. It IL also conceded, think,
tUo0HosO00 8AVWAas0 VssS - Ses0 Ek'sASeSsOA1
Of labor and skill on the part Of the pos
SCISSOR, belongs to the person who has ap-
piled the labor. Az well may we deny the
right Of the Almighty 70 the workmanship
Of His hands, ~ the subordinate right Of
the creature to tho products of his labor,
Tor what better right can there be to pro
perty than the right Of the creatoy to the
; things which he has made? II the individ-
nal then, has by his labor or skill created
an additional value to tho thing rightfully
absolute.
: Now, Mr.. President, this principle may
De applied to the title or right Of individ-
uals 70 the service of another, whether
claimed under an expressed or an implied
contract. That property may exist in the
services OF others will hardly be seriously
questioQed. The right of property in man,
as sucb, ~s sometimes denied, but think
tnis IL rather technical than real OBJ
lection. / think all admit that title to the
service Of men may be acqsired by con-