Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-08-03
How Negro Alabama was Forced into the
House OF Representatives.
From the Washington Globe.l

Mr.. Brooks-l call the attention OF the
House 20 the act OF Congress Of March
20, 1867, passed when we were assembled
in special session more than a year ago.
The ffth sectionof that act is as follows:
"SFc. 8. And be IL further enacted,
That IL. according to said returns. the
Constitution shall be ratified by ma
jority Of the votes Of the registered
electors qualified as herein specified,
cast at SAID election (at least one half Of
all the registered voters voting upon the
question of such ratification, the Presi-
dent of the Convention shall transmit
copy Of the same, duly certified, to the
President Of the United States, who
shall forthwith stransmit the same TO
Congress, il then in session, and, If not
in session, then Immediately upon its
next assembling; and if it shall, more
over, appear to Congress that the cleo
ton was one at which all the registered
and qualified electors in the State had an
opportunity to vote freely and without
restraint, fear, or the influence Of fraud,
and If the Congress shall be satisfied that
such constitution meets the approval of
a majority of all the qualified electors in
the State, and IL the said constitution
shall be declared by Congress to be in
conformity with the provisions Of the act
TO which this is supplementary, and the
other provisions of said act shall have
been complied with, and the said consti-
tuition shall be approved by Congress,
the State shall be entitled to representa-
ton, aud Senators and Representatives
shall be admitted therefrom as therein
provided"
Mr.. Speaker, that act required ma
jority of the registered voters of the State
for the adoption of the Constitution. In
stead of receiving that majority, on the
contrary majority OF the registered
voters Of the State were against its adop-
ton. The people declared their will by
absence from the polls as prescribed in
this law This fact, | believe, is not
denied by any gentleman-leastof Of all by
the gentleman from Massachusetts.
Mr.. Dawes-The answer which | make
to the gentleman is by calling his atten-
tion to an act of Congress of June 25,
| 1868, which is Of later date than the one
he refers to. One section of the act of
June 25, 1868, is as follows:
| "That each of the States Of North
Carolina, South Carolina, Louisiana,
Alabama and Florida shall be entitled
and admitted to representation in Con-
gress as States Of the Union, when the
Legislatures of said States shall have
duly ratified the amendment to the Con-
stitution of the United States proposed
| by the Tbirly-ninth Congress and known
as article fourteenth" ETC.
This statute being of later date than
the one the gentleman holds in his hand,
| | suppose the gentleman is aware of the
we'll known principle of law, that, if
there is any conflict in the two, the one
| hold in my hand prevails.
Mr. Brooks-The point to which wish
to call the attention Of the House is that,
under the act from which the gentleman
has Just read, no election whatsoever has
taken place in Alabama. No members
of Congress have been voted for under
that act. The only act under which they
have been voted for is the act Of March
23, 1867.
Now, put il to this House, and | put
it to the country-I like to have said l
put it TO the common sense ofthls House,
but that would be of no use-I put it to
the party generosity of the majority of
this House to say if, under the act of
March %, prescribing certain course
for election, large majority of the peo-
ple of Alabama refused or declined to
vote for members of Congress, as per-
mtted and authorized by this act, to such
an extent that only one party voted, and
that the negro party Of the State, so that
almost every white voter in the State alb
stained from the polls-I put it to the
party generosity of this House; ay, put
il to the white men of this House, men of
our race and color ay, if the galleries
we're filed with negroes, would leave it
even to the negroes who so often surround
u.s. if, when the white people of the State
are thus deluded into the belief that no
members of Congress were to be chosen,
bot as the Constitution was ratified is it
right, Just and honorable now to avail
yourselves of subsequent act of Con-
gress, silent on the subject of electing |
members of Congress, and to take in
these members thus declared to be pre-
viously elected. Sir, there is honor even
in a primary meeting in the midst of
party machinery; but there is no act |
more dishonorabe than that. No greater |
fraud can possibly be perpetrated than
declaring members of Congress elected |
when they are chosen only by one
party, this Congress having au
thorized the other party to abb
stain from voting at that election.
Sir, you have an ample majority in
this House and you have increased 1t
largely in few days past by numerous
Representatives, or so-called Representa-
tives, from that section of the country.
Will you now avail yourselves of mere
technicality? No, not q technicslity,
for the last act of Congress in July does
not say that members of Congress are
elected; the phraseoogy, the declaration
Of the act is that Alabama shall be eRti-
tied to representation and shall be ad-
mitted to representation. | do not deny
the effect or force Of this act as under
stood by the majority of this House. l
admit that under this act Alabama is en-
titled to admission and representation
here. But deny that members Of Con-
gress, or so called members of Congress,
we're voted for under this act, or any
other act whatsoever. No Representa-
tive from that State is entitled now to
seat on tbis floor. They can only be ad-
mitted here by this immense majority.
Sir, with this ample vote that yeu have,
with the means Of controlling two-lhirds
or three.fourths ofthis House atthe pres
ent time, Why not 90 back to the people
of Alabama7 Why not make an appeal
to the colored voters Of that State, as well
as to the white voters there, 70 give them
a fair and honorable representation 2
Why this insidious Il would use q
stronger adjective if it were parliament
ary upon the floor Of this House-why
this insidious, why this tortuous, reckless,
way Of bringing members