Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-03-09
VOL. XX---NO. sc.

Z" would like to ask the Senstor whethe
by the constitutional amendmentevery maj
made free is not as free as that Senator snt
myself; or, in other words, is he not en-
titled to the same rights, civil rs well a
political! | think the Senator from Msssa
ehusetts will admit this, for he eanno
deny It according to the standpoint from
which he sees things and from which see
VIII not ask him the question whether
under the Constitution as it now exist
States have jurisdiction over the question o.
oitizsnship in the States, but I viii ask him
the question whether now we pro-
pose To establish an organic act by the
operation Of an amendment to the Coustitu.
ton; whether we propose it in the power OF
any State to disfranehise any portion Of
the American people. This is the question.
The proposition now pending, submits to
the people of the rebel States TO decide
whether freedmen are to have their
rights or not. The question is
whether you will permit in a new or
ganlc act Of the constitution, portion of the
people of the Southern States, and rebels
and traitors at that, 10 say who shall be
represented on the floor Of the Senate
These are the questions. l do not put them
for the purpose Of embarrassing the Senator.
hut for my own information have not
decided whether shall support the amend
ment or not The fact is, the questions have
disturbed me to some extent and I would
like to have them answered.
Mr. WILSON said l will endeavor to an
sWer the questions frankly. I will say to
begin with that the constitutional amend
msnt proposed here BY the senator from
Missouri, Mr.. Henderson, and reported by
the senator from Illinois, Mr.. Trunbuli,
adopted by Congress and ratified by the
people was never understood by any
man IN tbs Senate or House. The press Of
the country as eonferring upon Congress
the right to force the suffrage on any State
of the Union say further that if it had
been supposed that it gave that right it
would never have passed Congress or re-
eeived the sanction of the States. viii
say, sir, that think, beyond doubt of ques-
ton, power to protect the civil rights of
every emancipated slaye in the country and
that slave is free as l am, that the child in
his cradle to-day is as free as the Senator
from Illinois or myself as much a citizen as
either of us, but citizenship never did in
this country carry with it the right of suff-
rage or the right to hold office. There are
men IN Massachusetts who have been Citi-
zsns 40 years, and have not the right of
suffrage to-day.
Mr.. YATES was, it is understood.
at the time Of thepassage of the
amendment that it would confer civil rights
Il was supposed it did give Congress the
power to make these men as free as nom
voting whites Of those States, as free as
women and children. or persons who has
net the right Of suffrage, but | did not
then that it gave Congress
power to clOthe these people with the right
Of suffrage or the right to hold office.
Mr.. fATES-SuppOse don't deny the
proposition Of the Senator, will put this
question to him. do not deny the power
Of States to regulate suffrage by any means
Or to decide on the qualifications of those
who are to vote to devise and make rules.
1t is the duty of the States to regulate this
night, but they cannot destroy it, and ask
the Senator from Massachusetts whether he
believes 1t in the pswer of Massachusetts or
South Carolina, in regulating the right of
suffrage, to deprive the citizens of State
Of the right to vote altogether
Mr.. WILSON, answer, that right or
wrong Massachusetts, has done it.
Mr.. YATES-That is not the question.
Mr.. WILSON-The Senator may say it is
aot right. / agree with you. In nv own
state voted against the amendment to the
state Constitution requiring the quaIifica-
'loH Oi EedutHg ana writing.
Mr.. NATES-I ask if this proposed
amendment does not allow the rebel States
% exclude freedmen from voting.
Mr.. WILSON, have never read heard
'r seen anything to convince me that the
- t'-~t'@la Of ha carefi+rtia-7al a-.a-I-..a.,l
power TO regulate the suffrage in any of the
Sta .es.
Mr.. YATES-I desire to know whether
1y the pending amendment South Carolina
'r any other State can disfrsnchise them.
Mr.. WILSON, may answer by simply
laying that I think this amendment leaves
he matter to the States precisely where it
) new. There is no implication in it, and
10 surrender Of any power Of the Govern
nent.
Mr.. YATEs-The position assume is that
before the adoption Of the constitutional
the States had right, under
he Constitution and under the decision of
he Supreme Court, to disfranehise the col
,red people. Colored men were considered
! subject race, not part OF the people |
But, sir, by the constitutional amendment
hey are free. Now the question is whether |
with this amendment before us we will put |
nto this amendment q new amendment by |
which these States may disfranehise these |
persons altogether.
Mr.. WILSON replied that in his opening |
emarks on reporting the bill he he had |
distinctly sverred that Congress derived the |
'Ower from the Constitutional Amendment |
lbolishing slavery, and comforting on Con- |
-ress an express delegation of authority, |
,ut he based also on broader grounds that |
hese people being entitls claims and rights |
S citizens Of the United States, and were /
Untitled to be protected in those rights and
hat power thus to protect them was neces-
ity implied from the entire body of the
Mr.. DELAE0 remarked that the duty of /
he government rested on its powers. and its
privileges. The powers of Con-
,ress were specific powers, and beyond those /
pecihe powers Congress could not go with
ut violating the constitution. He thought |
hat the best way 10 attain the desired end |
vas to act upon the constitutional amend
nent reported by his colleague, Mr.. Bing-
IAN, and postpone it till April next, 80 as
o make the measure proposed here part of
he amendment. The principle embodied
n this bill would, if carried to their logical
consequences, endangers the liberties Of the /
oultry.
Mr.. WILSON, in reply to Yates, read
he opinion of Attorney General Bates that
'olitical rights and political power were es-
entially different; that the former be-
Onged to all citizens alike, and were in the /
cry name and nature of citizenship, but |
he latter does not belong to all alike.
Mr.. Wilson continued his speech at some |
ength.
The Senate at o'clock went into Exeeu-
i've session, and soon after adjourned having /
'reviously agreed that vote should be ia
zen tomorrow at P. NJ.