, 1866-02-16
CONSTITUTIONAL AMEN ID.
MEN1.


The Basis Of Representation.
apeecl, OF Hon. ". r. FeA@enornt o'
Maine. in the SrD2te. Feb a. 1861.
- y
Mr.. FrssrsprS The question arises whether
1t IL not tho dnty q Congress, If 1t can exer.
x.ise ii. and the duty OF the people, to sec not
<n1y Thai all men all free men, have the rights
thn: belong 10 them 20 far as we can coaIf1Se
il. but thai the temptation shall be removed
to keep up system which, II II does not end
in tyranny or m oligascLy, has q tendency 70
n,aie an o1iearchy or an nristocr icy In tact,
and feeling which, as lonc as IL exists and
therc Is power tu exercise u, has tendency
only to {ufurc the Institutions OF the State
where II may exist and wlere The exercise Of
it may be found.
.rfted TINT the hoporublc Senator from Mas
sac).usctts, who does not like this amendment,
would have proposed it. Why not propose
simple amendment precisely In the same terms
Tho honorable Senator from Missouri lMr.
Henderson, has-a Proposition doing away at
once with oil distinctions On account Of race
or co'or In all the States Of This Unlun 30 far
rs regards civil and political rights, prisi-
lcgcs and immuutties! That would 70 10 the
root o the matter. anl free TO confess that.
could lcgislate n'on that subject, althonsh
] ran scc difficulties thai would arise from II,
yet trusting to time 10 soften Mam, ana
Conkti:ution a principle that commends
Itself tn the c,ttl.idcrAttan Of crcrF en-
1ichlcned mind ai oncc, ] would prefer como
thipr fttla; sort, q distinct proposition thAt
oil provisions III thc Constitution Or laws Of
any State ma1sfn- any distinction In cisl1 or
7s,lijcal rights. or privileges, OF tmmunities
whatever, snou1d bt held Unconstitutional, iu-
operative, and void, or words to that elect.
would like that much better; and take IT
there arc not nany Senators within the sound
O! my voice who would not nnch prefer 1t;
but, uf,cr al!, tho committee did not recon.
n,cnd provision Of tAnt description, and
stand here as The organ Of thc committee, ap-
proving what they have done, and not dis
posed to urge my Own peculiar views, II lad
any, ugalnst theirs, or to rely exclusively on
my own Judgment SO FIR as to dcnouncc what
honorable and trt.e ncn, Of better Judgments
ard i'll which mite and ngrcc with them
An objection that might be made to that,
real objection. won|d be its imnediate opera
tion. It would Place the States whfch haye
recently been slave States 10 this condition,
that they must either limit the suffrage too
far or they must extend il TOO far for their
own safety, Or, at any rate, for what might
be presumed 10 be their own good. I take 1t
no one cont ends, think the honorable Sen
n1or from Massachusetts himself, who is the
great champion OF universal suffrage, would
hardly contend, that now at this time the
slave States is ct TO be admitted to the excr-
else Of the right Of suffrage, Iprcsume no
man who looks at fhe question dispasdonatcly
and calmly could contend that tho great mass
OF those who were recently Slaves (nnaoubt-
cdly there may be cfccptionsh and who have
ed, more or less forbidden to acquire lnorma-
tiou, arc t1t nj this day 10 exercise the right
OF suffrage, Or could he trusted to do II,
unless Under such rood advice as those better
able might be prepared to giyc them. IT We
1mssed resolution OF that kiud. what would
slave States, so called, must either admit All
or clec they must make rule Of exclusion
which would cut Of not only all or nearly all
the colorcd population, but ver9 large poF'
Lion Of theit own white population from the
cxcrrise OF the right Of suffrage, for It hal
have been almost as unwilling to extend tht
benefits of education TO the whites Us to th.
blacks, und the result which spoke Of wouii
follow; power would pass into the hands o
the trw. comparatively very few. Tic who'll
civil and political power OF tie State woulf
and for a time, Mt least, 1t would be wha
the dictionaries define to be M olfgarchy, the
prwcr Of a law. Ispcak Of this not rs au ar
;,u1ncht that would prevent my putting into
tile Constitution provision, not perhaps II
terms. but in substance. like TINT which Il
offered by the honorable Senator from Mis-
souri, If l could accomplish 1t. or course
would trust to time, aud 1t would have III
elect. With that great principle lying at ta
bottom, nfter awhile the result would be at
tained aud We should have in the Constdtu
tion itself what would like to see there,
<rnblc Senator from massachusetts, proved t
Ills, lie at The very foun lation Of repuhifca
government. .,... .
nut, however tiis might be, (and do nj
propose 10 enlarge uron It, only propose
s,ate the tit1lculties, J ] am not convineed tn
suffrage is such very natural right that
must necessarily be conferred upon every Fl
nun. think no Senatof will contend f
that. In republican government 1t uaay
TINT II may receive the t:ame of right, a
tlanueh must people call Il 4 priri'egef but
votcr is IN officer, not in the same deere
perhaps, but as mach SO In substance as 4
mau who enters the jury box, as any one WI
holds M Office. 1t Is trust imposed upt
him uy the Law, which he executes under II
law; and although huld that the eIerci
Of the right Of ent1rnrc shonld be extend
lust ns fast md ns far Us the public good y,
allow, do not bold TINT any man is inlar'
yllcu just md reasonable iaw provides u
eou.etLtug more is necessary 10 him than
hurc existence as q free man Ia commuai
in order TO c1e5c1~c It.
While the honorable Senator from Mass
chusetts argued, and argued with great tore
tAa, he sAonld on1s be subject 10 disaballti
which he could overcome, Ills argument, co
nectcd with the Other principle that he Ia
down and the application of 1t that he MAD
thut ta1utiun and representation should |
to.c.hcr, would Just o. well apply 10 won
1t 10 men; but noticed that the hoaoral
Senator dod.:ed that par: Of tie proposiu
very carefully. While he says that mtne
aud insane persons md divers others, and p
hans thrse who were moi well educated. n11e
very properly be excluded, set wien Il CT
TO the question whether females should II
opinion upon that subject whatever; and
lis argument goes to TINT extent If . nee
tary connection between taxation and rep
ecptstion applies to the individuals 10 Sta
and thxt Is bis application Of ft-an appll
lion which our ancestors never made Of
vid;aals-1 should like to have him tell
why every 1cmalc that is taxed ought not
yotc.
But, sir, It was not my intention to disc
thut question; come back to that whicl
stated: what are the objections to putt
into the Constitution u once pToEasson !,
iue away with all distinctions 0! this Kind
have given ono nns@er which docs not sat
myscii. But the argument that addresset
self to the committee Wns, what can We
complishy What can pass: If We repol
provision Of this Kind Is there the t,igh
probability thnt II will be adopted by
Statcs and become a part Of the Constit u
Of the United siates. II Is perfectly crid
lint there could be no hope Of that desc
Tim. Tie argument With rcssned to Com
1icut was not that the actiop proved ari!
Int might appeal to the sote WHICH
rejecting proposition which proposed Il
away with all distinctions between men
account Of color; might 60 to Wiscol
:nd appeal 10 MT honorable friend who
Eists 50 strongly on having thrty.sfx st
MIR Doo1i11ieI and ask him what p1obabi
or iu any Of the Western States, where
difficulty exists nov. We must take me
we7Iiud them. Why, sir, If nc propose
amendment OF this description. and u
1ntsed II in Congress, ot which probably
would 1e 10 sort OF chance 10 tte world.
long should We have TO look to the state
fore it could become part oE the Cons
thu: think It would 70 in Name, bee
We are very liberal there, and paFtfcu
well educated. lLnushtes:] cannot
s,s.r for auy other State, not escu New Ha
thirc, tut believe New Hampshire
not allow Catholics 10 hold office; at
1hat l. 70 i looks very much to me Us II
silly they might reject such an aMcndm
},,,t / think it would 70 il New Humps
But how is II In New York: New York n
tlr distinction tu-day and insists upon It
<.ourse We SHOULD have aat the G,a.es v
slavery has existed against us+ u that !!
ifjt would be mere idle proposition, one
would not comm: nd itself TO anybody 7
ta,. first place 10 Congress Itself, and IL
second place mol 10 thc States thsinse
Should We be acting like Practical and
Die men to throw everything else ss.ds ~
hi this question upon that aloue: Nha
might think Of it, the committee ths
Otherwise, and thnt proposition thefrte
Dct before tbe Scnate.
Layine, then, thnt out Of the question,
arc but two propositions to be consld
One is whether you will haze represent
1s1o are voters; and the other is the r
s;tiou which is before the SENATE su
thut the proposition to base represent
s,1,on actuai ro1rrz would commeha iss
1he honoruble Senator from Massachi
h,lr,e have in my desk proposit1
made 10 amend thu Constitution TIL
Lid l,eforc the Senate 10 Early in The :.
1hst lie bell which called us toGelhe
,.-5,,, rurE tth last note before II vi