Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-03-09
The Supreme Court of the United States.
Debate on the Civil Rights Bill.
SENATE.
" AsHINGTUNI MITcn

SENATE.
WASHINGTON, March8.
! Mr.. Anthony presented the petition of the savings
bank ks of Rhode Island, asking exemption of savings
banks without capital from the income tax. Refer
| red to the Committee on Finance.
| Mr.. Van Wrinkle presented the joint resolutions Of
| the Legislature Of West Virginia relative to the
claims of that State against the Government for fur
| to the Committee on Military Affairs.
Mr. Wilson presented the petition of officers of the
army asking for increase of pay Referred to the
| Committee on Military Affairs.
| Mr. Morgan, from the Committee on Finance to
Ch9m was referred the petition of the Union League
family Of the late President Lincoln four years sala-
ry, made report asking that the committee be dis
charged from the further consideration OF the sub
! Ject, which granted.
| AMENDMENT TO THE CONSTITUTION.
Mr.. Poland introduced joint resolution to be
proposed as amendment to the Constitution pro-
viding that no person who has been OF shall be en-
gagged in rebellion against the United States shall he
entitled to the elective franchise, or hold office in the
United States, or any OF the States Referred to the
Committee on Reconstruction.
Mr.. Chandler, from the Committee Commerce,
reported iavoraby on the resolution authorizing the
Secretaries Of War and Navy place huks and yes
sells &C the disposal OF commissioners of quarantine
or other proper authorities at ports OF the United
States.
| ADDITIONAL CLERKS
| Mr. Wilson introduced a bill authorizing the Sec
retary of War to appoint two clerks for the head
quarters of each military division and geographical
department, at annual salary of 81 200 Referred
to the Committee on Military.
RECoNsTRUCTION
| Mr. Henderson introduced the following:
Resotoed That the late rebellion was a contest be-
tween freedom and slavery. To perpetuate human
bondage against the influences of preTogatiye civil
izaticn. Which it was feared would soon manifest it.
self in the political action of the government q por
tOn of the people of eleven States attempted to with
draw themselves and their States from the operation
| Second-When the laws were resisted in this at
| tempted secession, it the pro-ince of Congress
ito provide for calling forth th militia to execute
| the Jaws of the nation" When insurrection was in
| augurated Congress alone had the power and was
| charged with the duty to suppress" it.
| Third-Whether the nsurrection thus organized in
these eleven States has been suppressed is to
be determined by Congress and not by the Executive
alone. 1t is for Congress to decide, not only whether
armed resistance to the national authority yet exists
but whether the causes of the rebellion have been
| removed and if not removed it is for Congress to
adopt such constitutional measures will remedy
existing evils, and prevent possible, the recurrence
| of such wars in the future.
Fourth-In this attempted secession, the people of
these eleven States suffered the political connection
established by their State governments with the Fed
eral Government TO be severed and in this condition
of things the States themselves without such re-
publican forms OF government as Gre contemplated
in the Constitution and 1t becomes the duty of the
| United States and not of the Executive to guaran-
| tee" such forms. The people of these States who
| voluntarily abjured their allegiance to the Federal
Government, and willingly transferred that allegiance
to a hostile de tucto" government have, as far as
they were able became alienated and depatonali2ed
and it is for Congress to determine ia what extent
they have succeeded in such efforts at alienation and
what rights they are now entitled to- citizens Of
| Fifth-The Union is not restored until State Gov
eTnments in these States republican in FORM shall
have been established and recognized ny the Federal
Government; and it is the opinion of the Senate that
| such Governments should at once be organized upon
the true principles of repubcanism-the consent of
the governed That while recognize in full force
the great truth that the people of these States should
not be taxed without representation in Congress- we
cannot forget that asked to accept as re-
publican in form State constitutions which deny rep
resentatiOn to nearly one-haf their entire people,
| and vet inAict upon them the burdens of taxation
! Slxth-Ihat COMMITTEE Reconstruction
etv and expedency of providing by law for the re-
organization and re establishment of State govern
| ments in the seeding States on the principles con-
tanned in this resolution. Laid on the table and
| BASIS OF REPRESENTATION
The joint resolution fixing the basis Of representa-
| ton was then taken up, upon which Mr.. Morrill, of
| Maine entitled to the floor.
| Mr. Morrill, said this was most important prOpo-
stion, it would change the basis of representation
in the popu liar branch Of the National Congress. 1t
has been charged by certain Senators that it is un
necessary, and is unjust particularly to the States
| which have been lately in rebellion. Tho Senators
| say it is unjust to the freedmen whom it was the
| duty of the National Government to protect.
| lie would show that there is no ground for either
| of the two causes of onposifion Tho nronoSed
amendment is not unjust to the States lately in re-
helion nor does it violate the principles of popular
liberty in reference TO their dependant race Al
though he would not pretend that 1t deals out free
justice to this feeble race whom is the duty Of the
dency is in that direction. MIR. NJ. then discussed
| the merits :of the proposed amendment at length
and advocated It's duUnLlOn tGeeGr1ng 10 the policy
of the President he said the Executive wasnow pur-
suing the very same plain which he had last summer
| Tepudiated when adopted by Gen. Sherman.
Mr.. Wilson said this resolution came here with the
sanction of the Committee Recons tructoD, with
| an immense majority from the House, and was APP
proved by ninety y-nine out Of hundred Of all the
loyal journals of the country, and If 1t submitted
the people it would receive the sanction of every
man who thought that man who had fought for his
country should be equal to in the rebel States;
| of all who thought that one man in South Carolina
should not be equal to two in New England and the
| The adoption of the amendment would open up
free discussion in the South, and in five years every
rebel State would enfranchise the cOored men, but if
they were to force negro suffrage on those States the
black would go the polls at the risk of his life
Believing this he must give his vote to the measure.
Senators on the other side Of the House talk if
nnOvators, and, in alludng to these Constitu-
tional amendments, cnaracterize them the work of
| the radicals. DO not these Senators know that
| amendments to the Constitution were proposed the
First, the Third and the Seventh Congress, and five
years ago. when these halls rang with the utterances
| OF ineipient treason. how many amendments TO the
Constitution were proposed by the Crittenden Com
| promise?
lie said the States had always regulated the ques-
ton of rage themselves, ii had never been claimed
| that the General Government could exercise any
control over the matter and he did not believe the
| States would ever consent TO IT..
MIR. Yates enquired whether tac clause Of the Con-
sttution abOliShing slavery did not make every man
free the Senator or himself? and whether it
in the power of any State to deprive any one of
citizenship, and whether it was proposed to give by
organic law of the land the power to rebels and
traitors To decide who should be represented here?
He did not ask these questions to embarraSs but for
his own information, as he had not yet made up his
mind whether he should vote for it or not.
Mr.Wils0n said the question did not embarras him.
at all and he would endeavor to answer it, 1t was
never imagined at the time the Constitutional
| amendment abolishing slavery passed, by Con-
gress, the people the public press. that it gave
Congress the power to confer suffrage office on
these people, and If such had been the impression,
the amendment, would never have passed.
Mr.. Yates asked if it did not confer civil rights
MI. Wison---Certainly it did-it gave them the
right TO enjoy life, liberty and property but citizen
ship did not and never had conferred the right of
| voting. in MaSsachusett there were men who had
been citizens fortortyyears, and yet had neyervoted
| Mr.. Yates-DOes this amendment give the power
to the State of South Carolina to disfranchise any
Mr.. Wilson-Right or wrong, Massachusetts did it,
| have never seen or heard where the power was
given to Congress to go into Pennsylvania Ohio or
| nlaSsachusetts and decide who shall vote and who
shall not, hold that the slavery amendment gives
Congress the power protect the freed people lust
as much as the white women and children of the
/ country, and all Others who are not voters.
Some further discussion the point took place
between Mr.. Wilson and Mr.. Yates.
Mr.. Wilson continued, il he thought Congress had
the power to legisate this subject he would cheer
fully vote for it. He thought that if the obligations
which we owed to these people were not Gquidaed,
| God would curse more than He did for the crime
of slavery. He was welded to the idea that there
should be distinction in political rights on ac-
count of color but he did not believe that Congress
had any power to confer the right suffrage nor did
he believe that the people would sanction it. Heidi
not see any objection to the pending amendment
had been proposed by different Senators this sub
ject. To. base representation on voters would lose
fifteen representatives to the North and add to the
| representation of the South. New York would lose
four. and other States in proportion. million and
half Of unnaturazed citizens would be left out of
| the count,
Mr. Doolitte suggested that the South had lost so
many men that their representation would not be in
creased.
| Mr. Wilson said the South perhaps had lost mil
| lion of men, and we had lost million and half.
| Another effect of basing representation voters.
| Maryland, Missouri, Tennessee and Arkansas de-
prived their rebels of the right of voting. He in
favor of letting those States do with their rebels
pretty much they pleased and did not wish 20 ler
| bounties for rebel votes, If such an amendment
passed, the rebel States would come right andMary-
land and those other States would be prohibited from
| distranchising their rehela
| Inc further consideration of the resolution was
| postponed until tomorrow
| Inc Senate E4en vert into Executive Session, and
l at lis conclusion adjourned.
| HOUSE OF REPRESENTATIVES,
On motion of MIR. Schenck, of Ohio, The House took
| up senate JOINT resolution, appropriating fifteen
| thousand dollars to Miss Clara Barton for services
rendered and m0eey expended by her in the further
| prosecution OF the search for missing SOLDIERS and
| passed 1t UNANIMOUSLY and without debate.
| MINORITY REPORT ON TENNESSEE,
| Mr.. Boutwell,, of Massachusetts, submitted the
views OF himself and Mr. Washburne of Illinois as a
| minority report on the admission of Tennessee Or
| dered to be printed.
This minority report states that one quarter of the
| nrao nlo