, 1866-02-23

Spcecls of Hon. Richard Yntct, In the
Gn1ted Staten Senate, Monday, Feb
ruarS ID, 1860.

rstarS 10, 1850.
alr. YATES, having the floor upon the pend
ing House resolution fixing the basis Of repre-
sentatiou, said that the duty of Congress In
the present crisis was one Of great responsi-
esnty; that Its action must be timely that
mistakes would be fatal aud that delays would
breed danger. Then let not freedom die In
the house Of It's friends and by their hands.
Let lis also lesislutc for the whole Union. Let
us do the right thing in the right place aud ut
the right time; Congress has the power to fix
the basis Of harmonious adjustment Of our
difficulties. We cannot wait for amendments
10 the Constitution, and 1t Is doubtful If such
amendments would be adopted. It would be
his ain 70 prove that Congress has powes. un-
der the Constitution, TO dx tle conditions
and to show tint Il the dominant
party should fail to perform it, plain constl-
tutional duty in the matter, power would pass
into the Lands Of party whose sympathies
and acts have been agAlnst the war, who op-
posed the Proclamation Of Emancipation, tho
armlng ofthe negroes and the amendment
nbolishi0E ellvery, who are upon the record
: In hostility to the protection or tue freedmen,
and who would pardon. Jcu. Davis md open
e s oss e. ho h
men. The work OF reconstruction Ia ditti-
cult one. II encounters deep-seatcd prejudice
aud divergent opinions. 1t Is moro difficult
eycn than tho work Of the fathers. The end
they had in view was simple: It was freedom
to gil men. There was to bo no class legihla-
tSed1. They found m Institution In the States
which YVES In conflict with this principle.
This embarrassed their action. and. compelled
them to make compromise With
symmetry Of Their work. They hoped
this Institution would be temporary. Unlor-
tunately, 1t was not 50, and has proved the
fatal rock on which the ship of Stnte was
nearly rent asunder. This institution WAS In
conflict with their great system it cfnbar-
,z.e1;. .e.s.- .e.s. sca to eecurc the adoption Of
the Constitution, It was agreed that the slave
flitls of their slaves, md also provision !or
". .~"disiou Of their fhgiuves. But, tn lime;
slavery grew from mere germ 70 Etea1.
| Cras Tree, which poisoned Tie legislation Of
the country. and all the fountains Of It's pros
pcrity. It became. In fact, almost the Gov
ernment. When Abraham Lincoln uttered
slave and half Free" be was only prophet
icaily uttcr1nE for tue whole people that
| which they believed In their hearts. So the
free States determined to resist and the slave
| Stntcs to enforce the principles and policies
| And what was the war which resulted from the
armed contest ot the opposing sections about
State rights. And sec this question already re-
suscitaied, and showing itself In political man
nestoes In high quarters, interpolated, With
ont proper correction, IN funeral orations, and
hcald IN threats Of dlsul4ion and revolution U
State rights arc tranapled upon. God forbid
that VIC should have another attempt at dis
union But he would say that Illinois had
sent e50, Goo men to put down this rebellion,
and would furnish half million to suppress
the next. Utbc war had established any fact
IT was that We had Constitution aud Govern
! ment-not consolidated government, bat
one which leaves the States free to act as re-
sFccts all the functions OF local legislation.
| Why throw tlls question Of the status Of the
freedmen into the States! If universal free
| dom and equality are imposed by IN outside
power whose right 70 control grows ont of
ihs CONSTITUTION, % al !s vi! submit On t. But u
tai question Of citizenship, inequalities
Of rights, wranclhg and bitter, il
not fatal legislation, may be expected.
S1r. Yatcs took the ground that the States
were not out Of the Union. They may be ont
oft in iact, but they ure in 1t in Law. They
ship, neither as territories The ease was an
omatous and the policy pursued a necessity.
It is lctl to re-orgunizc the States OF basis
which viii guarantee security for the future
i not Indemnity for the past. Both Of the
Wisconsin Senators agree that the power to
declare conditions OF the return belong to
Congress. This shows the question whether
these States nrc In or out Of the Union Is an
abstraction. The only question Is one OF fact
whether the States are in a condition for res
Tor from Wisconsin {AIr. Doo'ittlcl that thay
are. Mr.. Yates then referred TO the opinion
Of statesmen and generals, that these etates
arc In no condition for immediate admission.
lie appealed to the Senate by the tears Of the
orphan and the blood OF the slave that It
would plant the Government upon the found
ations Of eternal justice, and the unaSing
principles Of human liberty. The only
basis Of restoration WAS founr In a return 10
the principles Of the Declaration Of 1ndepen-
dcnce-exatt justice 10 all men, especial priyl-
leges TO none. He considered all tho Consti-
ponIng the period Of restoration, too remote
for the future security and peace Of the coun-
tly. Ii we wait till the South loves the YAM
kees and the Government whose strong arm
whipped them into obedience, the time wilt
bc fur in the future He wonld not expect TO
do that, but would settle ali differences upon
principle which would remove all cause Of
quarrel. Congress had full power to pass the
bill, which he OR. Yates) presented few
days ago, prohibiting the enforcement Of apy
Law recognizing In any eta,e or Territory any
distinction on account of racs ur color OF pre-
yious condition Of race or ce1or. Under the
Constitution heretofore, slavery belonged
TO the States and not to Congress.
But we now hare a new Constitution,
which annnls The Constitution, laws and
regulations Of any State relative to slavery.
Now II Is made the express duty Of Con
gress to enforce Its abolition in all of them,
And howl: By appropriate. legislation that
will make freedmen free indeed, It Was not
pretended that Congress ever meant to set
100000 Of men free without the civil md
political rights which attach to free citizen.
The bill Of his colleague (A1r. Trumbull, pro-
yided for the security Of the person and prop
erty Of freedmen He conte1ded that they
could be protected in their liberty and rights
under the amendment. Mr.. Yates cited
Blackstone and the Fathers to show that civil
and political rights arc Synonymous, and ar:
gucd that the Drcd Scott decision was founded
On the fact that the negro vas made by slavery
subject race, and that a decision tn such 9
case now, would be decided in favor of Dred
Scott and negro citizenship. What power
makes citizcn-Congrcss or the states
Neither. The citizens "We, the people, y
do or1nin and establish the Constitution.
When the Constitution aholishes the status ot
slavery, the former slave becomes one OF the
people, and the net Of emancipation imposing
no restrictions, be Is one Of the SOW
ereigu people, with all the privileges
Of every other citizen. Not being
a subject, he Is sovereign. Under
the Constitution citizenship can only be con,
fc4red on aliens, showing that there Is an In,
hcreut right Of sovereignty in the people
themselves. The State has no power to make
= citizen, nor has the United States. The
reason is, the people are sovereign by inhe
rent right. Deny any lnaa this right, and he