Nebraska advertiser., 1870-01-27

State Of Virginia has already been
done; and if that will not hold her to
her fealty to the constitution of the
United States. 1 want tOknOw Wheth-
er she would feel under more Obliga-
tons to obey the law Of Congress than
she would the constitutional amend
ments of the Constitution of the Unit
ed States.
So far as these conditions are cor
cerned, I came from a State that was
admitted with q conditiOn-precedent,
but there was no penalty attached to
the violation of that principle in case
it should be violated, and cOnsequent-
" when the question arose on the
original proposition of the Senator
from Missouri, l voted against that
proposition from the fact that it under
took to impose a penalty which was
not attempted to be imposed upon the
State of Nebraska.
Predicating my argument upon the
adoption of the fifteenth amendment,
I think I can see where Virginia
would be dealt with under the Con-
stitution for violating the principle of
the fifteenth amendment. When she
shall have gone back upon that prOpO-
sition, when her members to the
House of Representatives shall go
there, a portion of the citizens of Vir-
ginia by law having been excluded
from the privilege of voting then the
House being the judge of the
qualification of its own members,
would not allow one OfthOse members
thus elected to take the oath of office
or to become g member, and not the
State would be remanded back, but
the constituency that had violated a
provision of the Constitution in his
election. There is where the House
of Representatives would deal with
the refractory State, and not under
take to remand the State back but re-
mand back to his constituents every
member that had been elected in viO-
lence of the Constitution Ofthe United
States. And, sir, under the same
state of things, when under like cir
cumstances q Senator should present
himself here and it should be ascer-
tanned that the Legislature of Virginia
had elected him, had members in that
body in violation of the principles of
the amendments of the Constitution,
he would be held at arms length in
this Chamber, until a properly chosen
Legislature of the State of Virginia
should elect and send here q Senator
in obedience to the Constitution of
the United States. And thus would
the punishment fall upon her first,
in preventing the admission of her
members into the House and her SEN
atOrs elected in violation of the prin-
ciples of the Constitution not a pun
ishment inflicted upon the whole
State at once and entire by remand
ing her back to the condition in which
she stands tonight.
When the State of Nebraska came
here for admission she came here
without your enabling act, she came
here with a constitution formed by
her Legislature, without any of your
authority; and yet you cured all de-
fects and admitted the State. Vir-
ginia comes here tonight, having
complied with the requirements of the
law which you gave her, as certified
by the commander you sent to enforce
it, as indicated by the message of the
President of the United States; and I
therefore do not feel inclined to go
back of these facts tonight for the
purpose OfimpOsing conditions which
feel add no strength to the COnstitu-
ton and can cure no defects in that
instrument, and cannot make up for
the probabilities of the loss of the fif-
tenth amendment.
All my tendencies are to go as far
as the furthest in restraint and in eter-
nal punishment for refractory rebel
States. and IL WaS NV oSira thnrofora
to be able to come to such a conclusion
in regard to the proposition originally
before the State, as that might vote
for it heartily and willingly. 1 could
not come to that conclusion, and l
voted against the first; and deeming
that it would add 10 strength, what
ever, to the case, I do not suppose,
unless a change of mind very suddenly
comes over me, that Ishall be able to
vote for this amendment.