The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-02-09
Speech of Senator Fessenden.

uVeS. 40 ..5u- 81. II. -.s.e. -.5.. +rf.. % ia ts
Speech of Senator Fessenden. .. 3,
On Wednesday after the morning hour, the
Senate took up the Constitutional Amend
ment proposing new basis of representation,
and Mr.. Fessenden took the floor and spoke
for nearly two hours in support of the resolu-
ton as it had passed the House, and in oppo-
sition to Mr.. Summers amendment. The Bos-
ton Post contains the following report Of Mr..
Fessenden's remarks: .i..--.- Z. .,.l.| .
Mr.. Fessenden said he did not propose to
raise any question upon the amendment pro-
posed by the Senator from MASSACHUSETTS, for he
thought it very probable that the amendment
reported by the committee of which he was a
member needed some correction, and If so the /,
Senator had ample time to consider it.. He
should be very glad to see it made stronger. if
he thought it repealed the declaration that s'all
men were created free and equal," he would be
as 10th, he thought, as the Senator from Mas
sachusetts to stand here and advocate it. The
Senator from Massachusetts said a great deal
when he asserted that a measure which had
passed the other House by two-thirds vote,
many OF them his personal and political
friends, was disgrace. He (Mr. FL would
endeavor to present not his own views entire
ly, but those actuating the committee in re-
commencing this measure. The provision in
relation to direct taxes was stricken out be-
cause it was thought the proposition would be
stronger. y, ..ss-.1s t.., .55E.i,I3g3 i.s5 I'd
He wished to say anOth n thing. 1t has
been objected by an honorable gentleman in
the other House that the committee, in report
ing this resolution, had travelled beyond its
power That this was matter not submitted
toit but resolution almost exactly similar
had been referred to it by the House of Rep
resentatives; and he thought that the commit
tee had not exceeded its powers. Congress
had been invoked to forbearance in behalf of
the Constitution. He had great veneration
and respect for that instrument, but not more
than those who made it; and they had found
defects in it,-had amended it themselves, and
never asserted that it could not be improved
In the progress OF time circumstances may
arise, and have arisen, to make it necessary to
revise that instrument and accommodate it to
the new order of things. We have had great
war-at once blight and a curse to the ma
tion-and the contest in which we have been
engaged has materially altered the status pre-
viously existing Slavery has been abolished,
and that provision of the Constitution which
was made in reference to it has become mop
erative and some other must be made. Rep
resentation is now properly founded upon pop
ulation, as the class limited at in the Constitu-
DlOu Has CtdSCu W cAlSL. LII lille late slave
States of the Union there are lett large num-
Der of persons, Ignorant uneducated, and en-
tirely unfit to be considered as a portion OF the
people of The United States in the matter of
representation. No. only have they been
made free, but made so against the will of the
other part of the population. We know that
the history of the world proves that those
who once held power never yield it willingly.
What, then, have we a right to expect--that
L. 1Ars L
stil be exercised to deny equal rights and DOW
err. What, then, would be the effect of the
proposition of the Senator from Massachu-
sets Mr.. Summers? A portion of the pop
ulation only would have the power and the
representation, while all will be included in
the estimate. The proposition of the Sena-
tor from Massachusetts, strikes out all distinc-
ton on account of race and color, and goes at
once to the root of the matter. He would
like a proposition of that kind, but vet after
all the committee did not recommend such a.
measure, and he stood here as their organ
He thought the great champion of univer-
sal suffrage, the Senator from Massachusetts,.
would hardly assert that the great mass of the
former slaves who had been kept in bondage
and ignorance all their lives, We're fit to at
once exercise the right of suffrage, or could be
trusted with it. If his resolution was passed,
what would be its effect? They would have
W CACiuuC llOb Ouly tuC GOlOTGus Dub a large
portion of the white, population, and, as be-
fore stated, power would pass into the hands
OF the few, and an oligarchy would really be
established. He was not convinced that suf-
frage was such natural right that it must be
conferred upon every one. A voter was, in a
certain degree, an officer. A trust was repos-
ed in him by the law, and, though he was will
ling that the privilege should be extended
Justly, he was not willing that the only reoui-
elf aoHad waa ff.r ha q
ment of the honorable Senator that taxation
and representation should 60 together, would
as well apply to women as to men. You can
not settle this principle by universal r,Ile.-
The prejudiccs of all States differ The arpu-
ment that addressed itself to the Committee
was, what can be accomplished? A PROPOSE
ton OF the character sought for by the Sena-;
tor, they could not hope would be ratified by
all the States necessary. He referred to the
late elections in Connecticut and Wisconsin.
and the majorities given there against negro
suffrage. In Maine they were very liberal
and well educated, and might he more eener-
GUS. In New York they made distinction.
and, of course, they would have all the States
against them where slavery had existed.--
Would they, then, be acting like practical men
to bring forward proposition which they
knew had no hope of success? The PROPOSE
ton which bases representation upon voters.
the Senator from Massachusetts. He had in
his desk resolution to that effect, introduced
here by that Senator the very first day of the
session, almost before the last stroke of the
bell which called them together. The power
exists now in all the States to make lust such
classes citizens as they please. The Constitu-
ton gives them, not us, the power to regulate
suffrage in their own way. The proposition
submitted by the committee leaves the mower
Just where 1t is, but it tells them what conse-
quences will ensue if they exercise that power
wrongfuHy. The principle of the Constitu-
ton in regard to representation is, that il is
founded on population; and those represents
ing communities do not consider themselves
as only representing men over twenty-one
years of age, but also those under age, and fe-
males. He did not know how the Senator
felt but he could not stand here easy in his
place if he did not consider himself repre-
Sentative of ladies. In the State of Missouri
rebels had been disfranchised. He thought it
would be wise to do ii in other States. Was
it desired to hold out to them inducements to
repeal their laws because you punish them
otherwise? The repeal of the test oath and
other beneficial measures would thus be ae-
complished. These and various other good
reasons influenced the Committee in declin-
Ing 10 base representation npon voters. The
moment you depart from the principle of bas-
80 FAo"oAoH upoH pOpuldL1OQ, EuaC mo
meut you meet With difficulties and ineouaIi-
ties. How far the Committee is right. is for
the Senate to decide. go -
1t VIII be noticed that the proposition of the
Committee has one good point~it nreserves
the usual basis of representation, leaves that
matter precisely where the Constitution iats
it, violates no prejudice, abolishes no law
every State is to be represented ACCORDING 70
its population, with this distinction, that If
rests with the States to decide what portion Of
their population is most deserving ofrepresen-
tation. The great excellence of it is that it
accomplishes indirectly what they cannot ac-
complish directly. He was one Of those who
thought it better to govern men by their own
interests, rather than by force. He was not
certain that even had they the power to do
different it would be wise. They proposed to
alter great evil, and the question was how to
do 1t; and il any amendment that has the
tendency to obviate it, and is not otherwise