Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-02-02
TnrRrY-NINrH CoNGaEss-rIRsr SESSION.
Reported for the Baltimore SUM-
WASHINGTON, January 81.
SENATE

lReported for the Baltimore SUM-
WASHINGTON, January 81.
SENATE.
Mr.. Lane, of Kansas, presented the petition of one
hundred and twenty-iOur beautiful accomplished
and intelligent ladies' of Lawrence, Kansas,
asking the passage of such an amendment to the
Constitution as will prohibit any State from passing
laws withholding the elective franchise on account
of sex. Referred TO Committee on RecOnstruc-
ton.
Mr.. Sumner presented the petition of Robert Il.
Collier of Petersburg asking the setting aside of the
] present Virginia State government Referred 10
! Committee on Reconstruction.
Mr. Anthony introduced bill to regulate suffrage
aud elections IN the District OF Columbia. Referred
| TO the Committee on the District.
The unfinished business being the bill TO guaran-
tee aid aud political rights, taken up.
Mr. Davis spoke in opposition TO the bill. He re-
fused to he interrupted by Dir. Tmmbul, and told
that gentleman lie had seen people with less conceit
and more brains
The'queston was then taken on the amendment
offered yesterday by Mr.. Lane, of Kansas, which
was rejected
Nj. rrumbull then modified his amendment so as
| to exclude Indians not taxed.
a long debate sprung upon the amendment, par
tlclpaied III by Messrs. Hendricks, Irumbull Clark,
and Davis.
Mr.. Clark declared that in his opinion, the black
man was Just much citizen of the United States
| as the white man.
Mr. Davis as positively asserted that he was not a
citizen.
Mr.. johnson said that the ground of the decision
oil Tie supreme Court in the of bred Scott.
that Africans were imported into the United States
as slaves ana bought and sold as property. Ii Is
obvious that the court would have come to a differ
ent conclusion had these Africans cmgratcd here
| had they come hsre rs men and not been brought in
rs chattels. They would of course have been citi-
| j. 81 sn had cit
zens OF New Hampshire at the time of the adoption
OF the Constitution. stated by the Senator, (Mr.
Clark they would have become citizens of the United
| States. lie read from the decision of the court in
support OF ms position. The court had decided that
none were citizens ut that time but had they taken
the view maintained By the Senator from New llamp.
shire, that negroes participated in the elections IN
that State, and took part in the convention, they
would undoubtedly have come to the same cOnclu-
sion. lie did not take issue with the Senator from
New Hampshire, bat looked to the historical fact.
| The decision of the court was before us, and al
| IhOugh ne uld not propose To enquire whether 1t
would be sustained in the future but there it is and
has and will control decisions elsewhere.
lnreply TO the Senator from Kentucky, (Mr. Davis
whom lie understood to say that under the Constitu-
ton of the United States person could be made
citizen by legislation, unless foreigner; and under
that clause of the Constitution which gives Congress
the power to establish laws of naturalization. He
admitted thatthat law was only intended to apply
to foreigners, but it did not follow from that that
these negroes could not lie made citizens. That
would be an extraordinary proposition. There are
four millions OF themthey are not foreigners, and
have no allegiance To renounce and, therefore, could
not come under the naturalization clause but does it
follow from that that power exists to make them
citizens. 1t seemed to him that to make the question
To answer il. Had the same condition OF things
existed at the time of the constitutional cOnyentOu
as now, he thought it would have been disgrace 10
them had they not given the power to pass laws
| those freedmen
Mr.. Davis again took the floor and, at the con-
clusion of his remarks, the Senate adjourned.
HOUSE OF REPRESENTATIVES,.
Mr.. Waslburne, of Illinois, from the Committee
on Rules reported resolution prohibiting in future
the use of the hall, except for legitimate legislative
purposes and its occupation for the delivery of the
euOgieS on President Lincoln and the late lion.
Henry Winter Davis, and for divine service; which
was agreed TO-
Mr.. Washburne, from the Committee on Com.
merce, reported bill for the repeal of the fishing
bOuntieS but allowing 4 drawback on salt used III
curing fish. Laid over.
Mr.. Elliot from the Committee on Commerce, re.
ported bill prohibiting vessels that have suurn-
dercd their registers during the war, and sailed un
der foreign flags, from again obtainingan American
register without the special consent OF Congress.
Mr.. Washburne, OF Illinois, said that the Secre-
tary of the Treasury had written the committee
letter stating that eight hundred thousand tons of
shipping had been transferred during the for the
purpose set forth in the debate.
MIR. Stevens, from the Joint Committee on Recon.
sructon, to whom were referred the joint resolution
and all If the proposed amendments to amend tie
Constitution OF the United States, so to provide
fora new basis of Representations reported the fol-
lowing Joint resolution as a substitute for the prOpO
stons referred TO them:
ReSoircd by the Senate and House of RepreScu-
tatiucS etc. twO.thlrls OF both Houses cOnCuTlngD
that the following article be proposed to the Legs
lat nj * d
Constitution of the United States which, when rati.
fed by three.iourths of said Legislatures shall be
valid as part of said constitution, viz; Article 49,,
Representatives shall be appOrtiOned among the Sc
verd States which may be included within thus
Union according to their respective numbers count
ING the whole number OF persons in each State, eN-
Guiding Indians not taxed provided, that whenever
the elective franchise shall be denied or abridged in
any State on account Qi race or color, all persons
therein of such race or color shall he excluded from
the basis of representation" TINS amendment is
the same Heretofore under consideration, except that
the words and direct taxes are stricken out after
the word representative.
Mr. Stevens addressed the House in support of the
amendment as modified, which he had Just report
ed lie said that it differed only from the amend
ment heretofore under consideration by striking out
the words land direct taxes. He held differently
from the position at the other end Of the avenue
that the Constitution needed no amendment but
should remain as our fathers made it. But Con-
gress had duty to discharge, he cOntendcd, only
euuallcd for veal or woe To that Convention which
issued the Declaration Of independence. The pres.
ent and future generations awaited the legislation OF
this Congress on the basis OF freedom with the
greatest and deepest interest. II the fathers had
placed the Constitution on the basis of freedom IN
the Declaration of Independence, there would have
been necessity for the present amendment, and
every one now would have hGGh Tree aud equal be-
fore the law. But ut the time when II was proposed
to reduce the principles OF the Declaration INTO
he Di "A
appeared among the founders OF the government,
which had been growing larger and stronger ever
since. The fathers to preserve and harmonic the
conflicting views of the thirteen colonies made
compromise in the Constitution. At the time that
took place there were but ninety bales Of cotton
ported. Now there were three millions. Then there
were but few slaves, while UnY there were luGI
millions OF trcedmen-the slaves having increased So
rapidly TO exceed even the white population OF the
Southern States. lie viewed the present time one
to do Justice to the principles of freedom by amend
ing the Constitution, and he would say now that lie
would rather not live than 10 entertain the sent.
ment of the gentleman from New York, (Mr. Ray!
mond) and those above him that the Constitution
did not need any amendment.
Mr.. Raymond lintemuptingl said that SIR. Stevens
misunderstood him IN saying that he opposed all
amendments. He expressly conceded that soms
amendment similar 10 the pending one should be
adopted.
Mr. stevens continuing, said he alluded as much
the gentleman from New York. He had rs much
respect for the President any one but he dld not
endorse him for he had put forth document in the
shape OF Il command to this House, which was Il
usurpatiOn and violation of the rules and priv-
leges of this House, and hundred years ago would
have cost British King his head had he sent such
an edict in such way to Parliament. Without THIS
amendment, he cOntcnded that the States always
had the right regulate the elective franchis aud
lie held that the pending amendment did not take
away this right when it became Incorporated in the
Constitution. It said however, to these States
that if they abused the elective franchise, the
Constitution would hold penalty over them. Al
knew OF the aspiration and ambition of the Southern
States b rule this nation, for having failed to run
the country they would now try to rule It; but This
constitutional amendment would say to those States
Just so tar as you abuse the elective franche 10y re-
iusing vote to the most loyal part Of your popua-
ton just in proportion shall you lose your power
in the government by losing your representation in
the halls of Congress- The South would lost hy this
amendment thrty-fvu representatives. Their repre-
senaton would he reduced from eighty TO foltyiiye,
and then we could add, he said, the whole nest OF
cOpperheads and freedom would still be triumphant
IN this Hall.
Mr.. Stevens then proceeded to favor the education
tI,. fen. f,,ttr.,