Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-06-20
Speech OF Senafor Poland.

Made m the United States Senate Tuesday
June 5th, 1866, on ths JOINT Resolution pro-
posing 10 amend the Consiit,.t,on OF the
United States.
The question being on the amendment uro-
posed BY Mr. Doolittle, TO strike out the .ecotd
section of the proposed article and insert in
lieu of it the following
After the census b. taken in the ye.r 1870 and
each succeed ng nsus, Represe shall be ap
portion q among he several States which NAV be in
clua @ Ntbia uls 7 aion according TO The number IL
e-eh sale oi us electors over t<enty years Of
Iaihed BY the laws thereof choose me brr. Of
me N It nun erou. branch Of its Legislature aud d.
80 49, man De ApPortio7et among the several
Sta e. accord the Of rea nd personal lay
able property su.ted IN each state not belonging To
NE StAte or o lie United States.
MIR. POLAND -aid Mr.. President. the fsx
observations which | propose to make are ad :
dressed 10 the general merits of the proposition
which Is before The Senate, but some of them
are addressed to tine very point of this pending
amendment read ln a morning paper that
Il vas expected that | would present some in :
poftant and new views on the subject The
views that | shall present, Mr. President. NAV
De imp rtant IN the sense that almost any view
tnat any man may present VINO has vote To
1--WE on such subject is important but that |
shall be able TO say after Six months discussion
- edAo oHbJCNt3 any -uluk new Is more than |
expect.
Mr.. President, all the questions involved in
the proposed amendments TO the Constitution
have been SO elsbOrately and ably discussed on
former occasions Dung this present sesson
That 90 not now feel at liberty 10 attempt TO
argue them at length and In detail. | do not
propose TO do more than to state, in the short
est and pialnest manner | am able, some If The
reasons Tor my action upon the proposition.
submitted TO US by the committee.
Ine clause OF the first propose amendment.
that : no o'ate shall make or enforce any law
which shall a0ridge the privileges or immupi
lies Of citizens Of the United States" ACQUIRES
nothing bey ond what Was intended by the orig
mai provision IL the Constitution, that "tbe Gil
lZens OF each State shall be entltleJ to all the
privileges and lmmunities of citixens in the .ey
eIal States."
But the radical difference in the social avs.
TENS OF the several States, and the great ex-
tent to which the doctrine of State rights or
otate Sovereignty was carried, induced mainly,
as believe by ana for the protection OF the
peculiar system OF the South, led to a practical
repndlatIon OF the existing provision on TINS
subject, and II "a disregardod in many of the
States. State legislation was allowed TO over
ride II, and as no express power by the
Constitution granted 20 Congress to enforce 1t,
IL became really dead letter.
The great St clai and political change in the
oouth -rn States wrought BY the amsndmeat of
The Constitution abollshng slavery and by
tne overthrow of the late rebellion lender 1t
emlnentiy proper and necessary that Congress.
should be invested with the power TO enforce
this provision throughout the country and com
pei It's observance.
Now that slavery il abolished, and the whole
people of the nation stand upon the basis OF
=.
valid or reasonable objection to the residue of
the FIRST proposed amendment
Nor shall any State deprive any person of
life, hbert, or property without due process. OF
Jaw, nor deny to any person within it, jurisdic-
ton the equal protectlon of the law.
ll Is the very spirit and inspiration of our
system of government, the absolute foundation
upon which it was established. 1t is essentially
declared in The Declaration of Independence
and in all the provisions of tn. Constitution
this We know that State laws
exist, and some of them of very recent enact
ment, In direct violation of these principles.
Congress has already shown its desire and in
tention TO uprOot and destroy all such partial
State legislation in the passage of what is called
he civil rights bill.
The power of Congress to do this has been
DOUBTED and denied by persons entitled to high
consideration. Ii Certainly seems desirable
that no doubt should bs left existing to the
power OF Congress to enforce principles ly ing
at the foundation of all republican government
If they be denied or violated by the States, and
| cannot doubt but that every Senator will re-
ioIce in aiding to rem I'VE all doubt upon this
power OF Congress.
Tne second article Of the proposed amend
ment involves many considerations, and opens
a much wider field for discussion. suppose it
is the purpose OF the Union Republican major
ity 10 Congress, when they stall have agreed
upon articles of amendment TO the Cons itu-
tion to be proposed for adoption, to say to the
Southern States which seeded, joined the oon-