, 1866-02-16

'EQGCcl8tl00 OF A1E fQM El : I'VE ld$ pass =
bsll today, the senstor's bill, Il he chooses,
~ the back Of 1t and the strength oft. The
bower exists in the Constitution, the Senator
a1gues, to 1egislate on the subject. BE says
.hat under The guaranty clause, and the
siause which gtses to Congress tha power 70
stinE in The Constitution, VIC may leglslate
to-day and pass laws By which tha snhfage
will 6e giren universally. That understand |
is his idea. By presenting this proposition to
the Suites, do we renounee that powexy Can
we Eenounco that power? Howl MNl tue
renounce power that Is given them
ty The Constitution. They may omit TO
exercise 1t but there can be no repnncfatiop.
If it exists In the Constitution 1t stags there
until changed; and not all the powers Of 81
the Congresses that bare existed since the
Constitution Was adopted can take aTaJ one
jot or one little oft, however much they may
neglect their duty. II Is saying what: It Il
speaking the truth. Pass your Law basiuE
representation upon voters alone, and the
State pleases with regard to this question Of
representation. Il may make the voters few
or many. This resolution simply says, You
hare the power perhaps, but If you hare 1t,
and If you exercise 1t III the way that we fear
you may, or that It is possible yon may, these
terms, leaving It to each State to do what 1t
I1eases.
The honorable Senator from Massachusetts,
ii bis very eloquent and able and exhaustive
much Obliged to him, for although be did not
approve In terms Of this resolution, get the
principles he advocated with so much force, |
all went, In my Judgment, to show its neees-
slty and to give 1t strength, Il rightly under
RESOLUTION. I hare alluded to 1t. Itls pro-
posed act of Congress; and permit me to say
few ords rs TO lis force and eaect, and let |
LIE see how lar the remedy would be followed,
If be will excuse me, cannot help alludins
snail dipper with very long handle, for the
preamble is very much more dihuse than the
proposed enactment itseH. His preamble Is
in thcsa words:
the Uned STATES shall guarantee to every s'a.c in
the Dniun 4 republican form ps Eofe1nueuts and |
Nhereat. hy reason u the failure Of ccraln Stasea
r1xe 1t hAf become the duty Of The Cuted otaef,
sltndmg IN the p!ace OF gaafaatofs whcrc the ptn-
ctpat has made lapse, 70 tetnfn such States. &C
c1rdtng 10 The requirements Of the guaranty, GOV
esnmente republican In forn and whereas ta1iher,
II "a provided IN recent constitutional Ataeadnsnt
slavery by appropriate jegitlauon,' and It IL I'M:
rortant this end that ~ relics Of slavery should
be removed, including; al distinction Of nshts On
cprranty OF republican fo1m Of government md
10 enforce the ptohihiflon o' elareJ-
Hooked to see whst came next. I sup.
posed that after that preamble VIC should have
some adequate machinery provided Tor the
| enforcement and the security OF these rights;
| that We should hare tia matter put to the
| courts, and II the c0urta could not accomplish
] it, that We should hare the aid Of the military
power, thus shocking tie sensibiiitfcs OF my
| honorable friend from Indiana Mr.. Hen
dsscks} again. do not know what good It,
! does to merely provide by Law that the pro-
| Visions OF the Constitution shall he enforced,
| without saying low, In what manner. by what
machinery, in what WY, to NJ what extent, e, mt Or
I The honorable Senator this question: here Is
4 legislative declaration !; suppose the States
| say they will not do 1t. how can your bill
| prevent their having their own way! You
Do not send them to the courts. How does
It read?
Tint ip all States lately declared 10 be sa rebel.
lion the7p snal he olicsschy, asetocraey. caate
Or nonopol, Invested viii peculiar pt.siiese' md
pf poIIies. on aoeouni Of eoios or raoe.
Let III take the first clause. Docs not the
Constitution soy that now! Docs the Con
s1ituti,n authorize oligarchies, aristoctacie1,
uonopoles. Not At all Are you not as
sn act Of coneress, Why reenact the Con
etltutiou Of the United States and put 1t IN
l,iNs What do You accomplish By y? HoE
Is TINT q fcmedys II is simply a. Il II resa
in this way: Whereas, It Is provided In ~
guaranty to every State in the Union repuh-
! fican form Of government; therefore, NC de-
| clare that there shall he . republican form 1t
roye1nrneut and nothing else. That L ell
that there is Of It in thal particular. What
| iell. presume the honorable scoatar will
vcry easilv explain It to me, Int It reminds
!; I mel say 1t with all respect-ot sort OF po-
] etical tYayesty Of q law argument or IN emil
| ncnt lawyer Of his own state, running sonae
Ehat In this ~Ay:
! 5A $f.ntEt
stfl my first point Is point the hrst;
Which fully proves ny cause. >
Ueeause ali ftntute laws are ttatute laws"
/ The sequltur is Obvious the case Is proved,
lecause inasmuch rs the Constitution provides
| that there shall bc no artstocracy, no oltEur'
| chy, no monopoly, therefore Congress has re-
! solved that there shall be not anything Of tht
. | Kind, but provided no mode whatever j.
I which or BY which to prevent It. Why mol
| 70 further: Ifit IS necessary to provide thai
monopoly IN the States once slave States, WHY
> nut So pi pylde for all the atates We have tht
same power Of Hesitation.
t Mr.. SUMMER. All the State" " Is the Ian
: gllase Of the proposition.
0 III. FEssESpES. hold the proposition 1t
+ my hand, aud haye read from 1t. /.
Mr.. SCMSER. beg the Senator's pardon l
Q was altered when | sent it up to the desk
d The Senator will find it in the G}ooe rs 1t va
g | written.
d Mr. FEssESpEs. I took II from the printe
r copy az laid on my table. I will read II as
y is IN the Globt:
.Ifat 1heye shall be 10 olfgsrchy. a1is1ozae?
carte OF monopoly invested Htth peculiar PRIVILEGE
civil or pohs,eal On account Of co.ot or raee ~! q
where nihln the limits Of the Cnl!cd state4 or u
= | juri.dlction thereof"
e A few moments ago, Then ] WIS arsutn'
t against the power 10 }egissate In this way
10 regard to civil and political rights, on tt
= : Ground of the guaranty, tho Senator told q
+ that he contenacd for no such thing-that
IN eoo1pea 1t 10 the States wh1ch wer0 lately
II i have examined this scheme simply bocau.
us It Is The remedy proposed by- the hoaocab
p. Senator. Contcndlng, that the proposatio
er which has been brought in here By the cor
II. two.thtrds Of the Hou5o ot Representative
:. | is merely tri11ng with our duties, an outrag
a. ! nm abandonment Of moral principle on tt
rr mart Of all who are concerned in it, the Sen
m. tor proposes rentay, hare seen hoT :
it tho remedy went N some particulars. ana q
..t or thfnks due to this Last clause, which d
49,; ciares that this statute shall be the supren
ut law Of the lands Does this clause proyi
he tue machinery by NAtch IT y to be carried u
es-it cxecutions Does it provide courts TO prote
IL. Does It provide anything? Words al, as
Die | words that may be repealed and struck fro
al the statntc book tomorrow. AayinE 10 for
H. in themselves. So far as It docs 80 It rec
As,I sets the Constitution: SO ~ as 1t declares
the Close what the Constitution declares
in tho same words substantially It is, Of cour;
hat unpeceseary. Then 1t leaycs 1t to float up
did | the waters aud take Its chance Of I'LL the {
ent ycrse currents which may strike it.
/ is ! should not have examined this pEopo
It. ton thus minutely had il not been for
-. -. Tery y1olrpt-I haG almost said rirulent-
IA 4 tack naadc upon the resolu Ion Of the Co
T,s tnfttee. As tho Senator chose to make Il
We attaek. IL becomes, Of course, 1ny duty to I
r 70 anime his remedy 10 see the force there !;
ac- it, low far 1t goes, what IL M M1' aG ;;, ", ',
this | ycnt. None. Fir. none It Is Of no mere G
d. secnence to nut that upon the statute-5e
win regard to human rights, anywhere
op1e | under any circumstances, tAan II Is 70
/; it one totalIy irre.esant to the Nnoie SUD-,
ties, becansc It has no sanction, II has no pena
but it Las nothing in it which can accomp
mar the purpose. It is mere legislative dec
lius- alton, aud legislative declaration OF q
;our that exists, Us the Senator says, and Is
the willing to coneede for tho sake Of the ai
~ of mtut. in the Constitution itself.
re- Mr. SUMNER. Tint Is all Intended.
nt3x Mr.. FEssE<nEx- That IS ali the Sens
,ssa, Intended! Then where is lis protection
rnn human riEhtsy II all be meant WAS a Y
ther upon the statute. book, What good has he
, ara in him who was once slave IN securing
I'll. bis Tightsy Cir, am afraid that there are
n1es many OF these things-protoctions OF hui
luce ! nshls coustsssIGE y. s--@-nr1 eo,nnti
50 II cemm1ttee o. Mise. ~ MY, 1,o nnf
4 fl. more thhh "r1ae rsaH ss.H ~ ea-hars ~
Fhcn timing some 'otSe ~. Efieainfsd tn =
atua- caeslA present cuce.s ~ sh.t Tr'nd n !,
tic 1Ar into the 1tLuie. =. s ~ nas r. honcr
Uui- none other. ihls, aeeosIIE y, ~ ne4as II :
the | Senator's adniss'o1,-* ne +. ss1e ~.
d TO amcpdmcnt, to slIiKs Ks oas 'ns rnaaS Il,
than ton and substitute tnls-Ae .Se .ats ~. 81
II tho | as q legislative dee!a!atlol -! wv ~ =
ns Of est force In the wofla. ~ eu4tnes 49,,
and dent, afecr that deGlafntlon " tus uvuu a1,
stitu. Senator, 1t would Ill become me 70 CON =.
d the my further upon II anu 10 sao" @o"''s
ed to be wholly without e1tect. .r,,,, be
Judge MI fres'asn'' no 'naa Ano"' " 01'N ~