Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-05-09

I /
to the National Banks to protect the public
and the Government, with power to senc
for persons and papers, and to examine
witnesses under oath.
The House then proceeded to the consid
Grafton of the joint resolution reported by
the Reconstruction Committee, proposing
an amendment to the Constitution of thG
United States. The debate was opened by
Mr.. Stevens, in support of the joint resolu-
ton
MIR. STEVENS said that the proposition
before the House fell far short of his wish
es, but he believed it was ali that could be
obtained. In the present state of public
opinion not only Congress but the several
States were to be consulted. On a careful
survey of the whole ground, the Commit
tee did not believe that nineteen of the
loyal States could be induced to ratify any
proposition more stringent than this. He
| repeated nineteen States, for he utterly re-
| pudiated and scorned the idea that any
State not actually in the Union was TO be
| counted on the question of ratification. IL
was abe urd to suppose any more than three
| fourths of the States which proposed the
| amendment were required to make 1t valid.
| Believing then that this was the best pro-
position that could be made effectual, he
| (Stevens) accepted it. Referring to the
4
House this session, and which waited in
the Senate, he said it was slaughtered by
puerile and pedantic criticism. Its death
was produced by self righteous Republicans
and unrighteous Copperheads, and had
postponed perhaps, for ages, the salvation
of the colofed race, but it would not do for
! those who had for thirty years fought the
beasts at Ephesius to be frightened at the
| fangs of modern catamounts. He even for
bid the Southern States or any Of them TO
be represented in Congress until the monu-
ments of freedom are built full high and
| firm. Against the viii of Congress, the
Southern States had been absent for four
bloody years, and must wait until Congress
is ready to receive them. He believed this
Congress would not approach full measures
of Justice until every fulI-grown man in
the late rebel States was provided with a
homestead on land where he had been held
as q slave. Forty acres of land and a hut
would be of more value to him than the
right to vote. Unless Congress gave them
that measure of justice it would receive the
cepsure of mankind and the curse of hea-
ven. In conclusion, Mr.. Stevens in order
to have control of the bill, entered mo-
ton to recommit.
Mr.. BLAINE called the attention of Mr..
Stevens and the House to an objection to the
third section of the amendment, which he
deemed serious if not fatal. That section
provided that until the 4th of July, 1870,
all persons who voluntarily adhered to the
late insurrection, giving it aid and comfort,
shall be excluded from the right to vote for
Representatives in Congress and for electors
for President and Vice President of the
United States. 1t appeared to him that
that was a violation of good faith in refer
ence to that large class of people in the
south who camo within the terms of the
amnesty proclamation Of President John
son, and who thereby restored to all their
civil rights. He asked Mr.. Stevens for an
explanation on that point.
Mr.. STEVENS admitted that pardon ex-
tinguished crime. After pardon there was
no such crime in the individual. Those
who were fully pardoned did not come
within the operation of the Sd section.
Mr.. BLAINE understood the gentleman
from Pennsylvania to say those who came
within the terms of the Proclamation of
amnesty would not be considered as having
voluntarily aided the late insurrection.
Mr.. STEVENS assimilated their condi-
ton to that of person convicted of felony
and thereby rendered incompetent to tes-
tify, but who if pardoned and if his testi-
mony were challenged could produce his
pardon, thereby showing his competency.
Mr.. BLAINE suggested that if that was
the proper construction to be given to the
section it should be so amended as that
there could be no question about its con-
struction, and he should at the proper time
move an amendment to that effect.
The point made by Mr.. BLAINE and
virtually admitted by Mr.. STEVENS to be
well taken, seemed to create a considerable
stir in the Republican ranks. Members
drew near and listened to the colloquy
with great interest as if recognizing possi-
bly, the fatal character Of the objection.
Mr.. KELLEY said that he was in favor of
disfranchising every traitor in the land,
whether white or black, but he did not be-
lieve the gentleman could find black vol
untary traitor.
Mr.. SMITH said he had not seen many
men, prisoners of war, taken with arms in
their hands, who admitted that they had
Joined the rebels voluntarily.
Mr.. KELLEY said he would require
stronger evidence against colored man
charged with treason, than he would against
Lee or any other of the Confederate army.
Mr.. SCHENCK continued. In one sense
he did not believe that the eleven States
were ever out of the Union. He did not sub
scribe to the doctrine of their being reduced
to the condition of territories. He believed
that the government had the right to thrash
them and subject them to obedience pre-
cisely on the same principal on which a
father thrashed child. He believed that
after furnishing them in that way he had
the right to put that child in corner and
keep him away from the family table until
he should show proper disposition to be-
have himself He understood the congress
sionaI theory to be this, that these States
tore themselves, SO far as they had the pow
er to do so, away from the normal and prop
er relations to the rest of the States; that in
doing SO they forfeited certain rights, and
that they, in refusing to be represented in
Congress and by disclaiming their allegiance,
forfeited their rights of representation, and
must wait until they were properly and by
law restored to them. He understood fur
ther the Congressional theory to be that
that right could only be restored to them
by law, and thai until q law was enacted
by which any State which had flung itself
out of the Union was permitted to come
back and stand on the same footing with
other States, they could not enjoy repre-
sentation in Congress.
Mr.. FINCK, of O., spoke in opposition to
the measure of Mr.. Garfield, and stated
that he was pleased with almost
everything in the proposed amend
ment. He regretted that the situation
oil the country naQ not Deeu lOuuQ bucn as
to Justify the presentation of plain, unan-
swerable proposition; that every adult sane
citizen Of the United States, unconvicted of
crime, should have the right of suffrage
for he believed that the right to vote, if not
one of the rights of all men, was necessary
for the protection of those rights together to
exclude other States from their constitu-
tional representation, and to say to the
States so excluded they shall only exercise
the right of representation on certain terms
and conditions. The whole scheme was
revolutionary, and the most shallow pre-
tense for excluding the vote Of eleven South
ern States in the next Presidential election.
He hoped the people of those States would
rally around the wise and Just policy of
Andrew johnson. This measure was dan
gerous to the safety of the country, and
would protract an unfortunate contest with
out promising any beneficial result to har-
mony. He was in favor of the first, second
and fourth sections Of the proposed amend
ment, but was not so fully satisfied with the
third section, which the gentleman from
Maine (Blainej had shown to be at least sus-
eeptible of misconstruetion.
The SPEAKER stated the pending mo-
tion to recommit could be offered.
Mr.. GARFIELD then moved TO amend
/ the motion to recommit by adding to it in
structions to strike out the third section.
He explained that he did not saw he was in
favor of complete disfranehisement, but
It was more just than a temporary disfran-
chisement He commented upon his col
| . y 4 ,.cE1 1ra