Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1866-02-08
Basis or Rcpresentation-I-Th
Proposed Amendment ,r
seuS SPEECH OF o.
Hon. John A. Bingham, of o.,
DELI vERED IN THE-U. =. HOUSE OF REPRE-;
SENrArlViiS. JAN. 25 1850.
IoGicial Repor, from III. Globe.1

loHclh Report from Tue GloOeJ
Mr. BINGHAM. thank the honorab
gentleman MIR. HIGBYl for yielding me tn
floor. and | hope it will be the pleasure o
tho House to extend the time, as [ shall M
9 he able in tho fifteen minutes allowed me b
the genteman's courtesy to present proper
y my views OF the important question befOr
us. .. y,.s.y. l, .'.
stand here this day impressed with tn
belief that amendments to tho Constitutio
ofthe United States are imperipusly de
manded by reason Of the changed conditio
of the. country. If the ,loyal people VIII
have by arms saved the Republic shall no
insure its safety by laws as well, then fea
in vain have the bravest and the noblest an,
the best of its sons gone down in its defens
amid the tempest and the shock of battle
Unless this Congress, charged as it is, lik,
the first Continental Congress, with the car,
OF the liberties of all, shall perform the dut,
enjpined upon it, and send tothe people thu
necessary constitutional provisions and guar
antees, Tor the future safety Of the Repub
lie, [ appreheni that there are men now
within ,hese walls who may learn. when it is
too late, that the ballot in the hand of the
conspirator is more dangerous to the safety
Of the Republic than the bnyonet.
1t the amendment reported by the joint
committee of the two Houses, or that pro
| posed to he substituted by my yhonorahle:eol
league, Mr.. SCHENCK, be all that this
House proposes to do in this regard, then !
can only say for myself that tremble for
tho future oftny country But is itall that
this House proposes to do? Have gentle
men forgotten that but the other day this
House, with singular unanimity-by all the
votes, | believe. that it can command save
six-sent to the Senate proposed amend
ment to the Constitution, which, however
informally expressed is intended by the au-
thority of the whole people to declare by
the organic law that neither the United
States nor any State of this Union shall
ever assume or pay any debt or liability con
tractea or incurred in aid of the late rebel
lin, or which may hereafter be contracted
or incurred in aid Of any rebellion against
the United States? Does it not suggest
itself to the mind of every gentleman now
within the hearing Of my voice that the
safety Of the Republic requires that not
simply that amendment shall pass into your
Constitution, hut that there should be ad-
ded to it the provision that no States in this
Union shall ever lay one cent of tax upon
the property or head Of any loyal man for
the purpose of paying tribute and pension
for life to those who rendered service or re-
ceived wounds in the prosecution of this
great, unmatched, and atrocious rebellion
against your country? Does it not occur al
so to the consideratc minds of gentemen
that it would he we'll to place the further
limitation upon these several States, if they
are to be restored TO their equal position ia
the union Of the States, as trust they are
to he at no distant day, that 10 State in this
Union shall levy tlibute upon its people for
the purpose of inlemnifyine, in whole or in
part, anv rebel against losses or damages
incurred either in the prosecution Of the re-
bellion or inflicted on rebels in its suppress
sion?
ask gentlemen to consider that, as your
Constitution stands to-day, there is no pow
er, express or implied, in this Government
to limit or restrain the general power Of tax
alton in the States. And are gentlemen,
admitting this fact, as it is now stated,
to be true, TO sit here and deliberate for one
moment whether it is necessary to place
such limitation upon these States if they
are TO be restored, and especially if they are
to be restored on the basis claimed by gen
tlcmen on that side of the House who OPP
pose this amendment restored with the
governing power in every one of the eleven
rebel States in the hands of the very men
who but yesterday waged war against the
life of the Republic. /
But, sir, even that amendment, desirable.
as it is, is yet not all that, in my mind, the
safety of the Republic requires, and our du-
ty aud our oaths alike enjoin upon us to
present to the people. Why, sir, may be
allowed to say here, without violating any
rule of this IIonse, that the joint committee |
Of fifteen, representing bo:h branches of |
~ IL ,nt tl,,,, al,tna 10, tL,,t
they have wholly discharged their duty in |
this behalfto the country. 1t is not flr me to !
say here wha, they have done, or to antici-
rate. what they may do in the premi,es
further than to say -thatI -dnn6t not they |
will DISCHARGE their whole duty. But | mayI
say that the committee has under consider. |
alton anoth her general amendment to the |
Constitution which looks to the grant ex. |
press power to the Congress of the United |
States to enforce in behalf of every citizen
Of every State and of every Territory in the |
Union the rights which were. guaranteed to
him from the beginning, but which euaran.
tee has unhappiy been disregarded by more
than one State of this Union, defantiy dis,
simply because OF want of power
in Congress to enforce that guarantee. |
do not doubt, sir, that ifthe committee shall
succeed in presenting in fit aud proper form
this proposed amendment to the Constitu-
lion, II will receive the assent. might al
most say, ofeyery gentleman in this House.
Why should it not? a.l
j understand very well, Mr., Speaker, that
there are gentlemen for whom | have the
respect. not only for their great
bnt for their generous and
patriotic motives, who contend, against all
past ,cqpstrpctiops and all past experience,
that the Congress of the United States 'has
the power implied necessarily, toenforce all
the guarantees Of the Constitution. Inmy
Judgment, unless some such general pro-
vision as that to which have referred be
adopted, it is in vain that you hope for fu-
ture safety or future peace in the country;
and Tbeg leave to'say TO ogentlemen who rea. +
son in the manner | have indicated, and
therefore seek to evade the discharge of this
great duty incumbent upon US, that not
withstanding tho respect. to which their
opinions are entitled, the continued con.
sruction Of every, department of this Gov,
srnment, legislative, executive, and judicial,
rom that day on which Washington, for
he first time, before God aud his count,y,
ook the oath to " preserve. prbtect, and de.
END the Constitution ofthe United States.D
las conceded that no such mower ia vastad