The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-06-07
s p e e q H-
ALLEN G. THURM A N
OF OHIO,
In the Senate Of the United States, May
d. Is, 1870,
OK THE Bill TO ENFORCE THE FIFTEENTH
AMENDMENT p
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bill rs. NO, Sl0) to enforce the fifteenth
amendment to the Constitution of tn,
United States ezr4
Mr.. THURMAN said: . 'sn.
Mr.. PRESIDENT wish to say some
thing about this bill, but am rather un
well to-day. and very hoarse, and fo
that reasonI am anxious that the bill
should go over; besides, L do not wisl
to speak to empty seats. This is a bill o
great Importance, one that will be re
membered long after some of us,pcrhaps
are gone; and yet on its consideration
there is not one-third of the Senat
present. 1 do not speak simply for th,
purpose of hearing myself speak.
never do that; nor, as the phrase is, TO
bnncombe. / shall speak with the hop,
of convincing the Senate, at least thos
who will listen to me, that there are fea
lures in this bill which ought not to b,
lin it, and that the Senate cannot leave il
itwith proper respect for itself. But
as said, / do not wish to speak te
empty benches. move that the Senate
adjourn sfo
The question being put, there were OIL
a division-ayes II, noes 30.
So the Senate refused to adjourn.
Mr.. THURMAN. Mr.. President,
shall forego any argument on the ques
ton whether the so-called fifteenth
amendment is part of the Constitution
of. the United States. / shall speak fol
a practical purpose, and therefore / shall
not moot question upon which know
the dominant party of the Senate is fully
committed, and which it would be entire
ly useless therefore to discuss; but what
l wish to do is to try in good faith tc
convince the Senate, if 1t is wiling to be
convinced, that there are provisions in
this bill which ought not to be in it, anc
that the bill, taken as whole, is not one
that should receive the appreciation O
the Senate.
Nor, sir, shall I discuss the genera
question whether Congress should pro
ceed to legislation of this kind, without
waiting 10 see what will be done by the
States, without waiting to see that there
is necessity for such legislation, with
out waiting for one single act done in
violation of the right of any citizen un,
der your fifteenth amendment, Before
any man has been deprived of any right
whatsoever, or even threatened with 6
deprivation of any right whatsoever. il
is proposed to pass bill of pains and
penalties. Whether that can be done is
a question which I shall leave without
discussion, because / concede that that is
foregone conclusion with the majority
of the Senate 1t is true, that is ques
ton which / should like to discuss, if
thought there could be any good pro
sduced by discussing it. Without any
act on the part of a single State, wher
State after State has permitted the col
8ored race to vote at the spring elections
and there is no complaint anywhere tina
any one of them has been deprived o
the right of suffrage, 1 do think tits o
most evil example that a bill (which bris
ties all over with pains and penalties,
bill which makes it impossible almost fo
man Of character and responsibility tC
hold the office of Judge OF, election
should be introduced into the Senate witt
a fair prospect of its passage. S
Is But, sir, passing this by, let us look q
the details of this bill. a sts.,
What is the first section2 I speak nov
Of the amendment proposed by the Ju
dietary Committee; and here ought t.
say that though member of that com
mittee / was not in committee when tha
matter was considered; was absen
from the city; and it was not until thi
very morning that for the first time
saw this bill. What is the first section
of this proposed amendment? aeii
"That all citizens of the United State
who are or shall be otherwise qualified b.
law to vote at any election by the peopl
in any State, Territory, district, county
city, parish, township, school district
municipality, or other territorial subdi
vision, shall be entitled and allowed t.
vote at all such elections, without dis
tinction of race, color, or previous con
dition of servitude, and law, custom
usage, or regulation of any State 0
Territory, or by or under its authority
to the contrary Notwithstanding" a
The only observation have to. maxi
about that is that the thing is wholly un
necessary and nugatory if the filteent
amendment is part of the Constitution
of the United States. You cannot ado
any strength to the fifteenth constitu
itional amendment by putting the yer.
identical provision of that amendnen
into the shape of a statute. The Who'll
thing, therefore is simply lnofiicious an
lnugatory. &a e
What is the second section ?aa3 .F
SECTION 9. And be it further enacted
That if by or under the authority>of til
constitution vr laws of any State or tn
laws of any Territory, any act is 0
shall be required to be done as q pre-
requisite or qualification for voting, an
/, by such constitution or laws persons 0
OIlc6ES are VI Suatll Dt Cuui iSCo Will III
performance of duties in furnishing t
citizens an opportunity to perform sue
prerequisite or to become qualified I
lYote, it shall be the duty of every sue
person and officer to give to all citizen
of the United States the same and equa
opportunity to perform such prerequi
site, and to become qualified to vote
Ewithout distinction of race, color, o
previous condition Of servitude; and
any such person or officer shall refuse o
knowingly omit to give full effec! t
this section, he shall for every sue
offense forfeit and pay the sum of $50
to the person aggrieved thereby, to b
recovered by an action on the case, wit
full costs and such allowance for eeunse
fees as the court shall deem Just, an
shall also for every such ofense b
deemed guilty of o misdemeanor, an
shall, on conviction thereof, be fined NO
less than $500, and be imprisoned no