Nebraska advertiser., 1870-03-03
Speech Of Senator Upton before U. S.
COngress-DeIiVered February 18th,
1874

SpbtCuO Vi lat 4AptOu D6AOEe Ds 81
COngress-DeIivered February 18th,
1870
1r. President: I expect to vote for
the bill for the admission of Missis-
sippi; but [ do not understand that it
is necessary in doing so that I should
investigate the past legislation
of the country for the purpose
of settling any question of con-
sistency. 1 have never understood
that the Republican party Of this
country was pledged to any system on
that question. They have never be9n
pledged to the details of any system
on that question.
When the new State Of Nevada
came to be admitted she came in here
with a constitution that knew moth
ing whatever in regard to this ques-
ton OF impartial or universal suffrage.
When the State of Nebraska came
here we had taken one step forward (;
the fourteenth amendment to the con-
stitution had been adopted; and then
as aparty, havingsnO established pol
icy on this subject except that within
the Constitution of the United States,
intended to protect the loyalty of the
country, you required of Nebraska
what you said had become necessary
In your onward progress toward the
contamination of our reconstruction.
Then, when another State from the
South presents herself, and the ques-
ton is how shall she be admitted,
shall she be admitted as Nevada i?
Perhaps so; that will depend upon
the circumstances. Shall shecome in
as Nebraska? Perhaps so. Who
knows? You do not know, sir l do
not know ; no man in this Chamber
knows until he investigates the cir
cumstances under which she makes
her application and then, without
any precedent to bind US on the sub
ject, WI within the pale of the Con-
stitutiOn desire to do what is neces-
sary to accomplish the grand object of
final and triumphant reconstruction.
No man, therefore, in this Senate
Chamber can talk to any one of us
with regard to preserving our consist
ency in what we shall vote for Missis-
sippi. / vote in regard to Mississippi
to-day as my judgment dictates, and
L would apply no part of that princi-
pie to Texas tomorrow unless l
thought it absolutely necessary but
when Texas comes here if her case is
peculiar, standing on its own individ-
uality, [ will vote for something so
unheard of as perhaps to astound you
if l believe it is that which is .neces-
sary to bring her in, tie up the inter-
ests Of. her people, and guaranty to
them a republican form of govern
ment.
So much on the point of cOnsisten-
cy. You ask me to impose upon the
members of the Legislature of Missis-
sippi to-day an oath which is set forth
in this document before us. I will not
attempt to do that, but if it is putup0n
the bill l will take the bill as thus
amended. l will not vote upon that
proposition, and then when it is car
ried abandon the bill. | will not stand
here in my placeand advocate amend
ments to a bill, and after the bill is
cOnsummated with those amendments
then tnrn upon the amendments and
the bill, abandon them entirely, and
leave them to whatever fate may over
take them. l shall under all circum-
stances vote for the bill for the admis-
sion of Mississippi, when the hour
comes. l protest against imposing
this oath upon her Legislature, be-
ceuse already an oath as strong has
been imposed upon the members of
that Legislature. They have sworn
in the presence Of Almighty God that
they were not disqualified as members
of the Mississippi Legislature by
virtue Of anything in their State con-
stitutiOn or the Constitution of the
United States and the Constitution
Of the United States, by reason of the
fourteenth amendment adopted, rules
them every n out if they have been
guilty of the crimes specified in that
fourteenth amendment. When, there
fore, a member Of the Legislature of
Mississippi takes that oath prescribed
by the State, he takes an oath, a
searching one, which will admit of no
evasion on his part. / say, therefore,
that the oath | hold in my hand as
being the oath administered to the
members of the Legislature has al
ready purged that Legislature of a few
men, or rather, perhaps, more proper
ly speaking, there were some men
offering themselves as members who
COulu HOG ldAC lIiSAl- pioCCS uAluCA that
oath of their own, so broad, so COM
~prehensive, so practical. l am will
ing, then, to leave the interests of
Mississippi and the loyal people of
Mississippi to that oath which they
themselves have incorporated into
their constitution.
Now, Mr.. President, in regard to
the question Of voting, it is proposed
to put in this bill q restriction upon
them providing that they shall never
hereafter in all coming time change
their constitution from the basis on
which it rests to-day on the question
of the right to exercise the elective
franchise. What have they done on
that subject? They have declared, in
the spirit of the fourteenth amend
ment, that every man born in the
State of Mississippi and living there,
and ev9rp citizen of the United States
residing there a certain time, shall
have the right of exercising the elect
i've franchise. That they have guar
antied. What else have they aOne?
They have adopted the fifteenth
amendment to the Constitution of the
United Stdtes, and by that they have
uCGldIGu JlldJ hNlLhCA IlAC COlASlAGubAOh
of the State, nor the Constitution of
the United States. shall ever be amend
ed so as to abridge the right of exer-
cising the elective franchise. Could
they have gone further? Then they
would have been compelled to go fur
Their, and reaching to eternity, stretch
their limitatation beyond the confines
of time. They have not only said
that in regard to the exercise of the
elective franchise, but they have
thrown the door open, and in their
State Legislature at home have per-
haps thirty cOlored men as represent
atives of that people in the Legisla-
ture of the State of Mississippi. Will
you be satisfied with that?
Are they honest OF that subject?
They have adopted the fifteenth
amendment to the Constitution Of the
United States and if hat to-day is
the fundamental law, if twenty-eight
States of the Union have voted for it
and within ton davS the twenty