Year: 1868

ton was on Mr.. Ferry's amendment to strike out Of
&C., that the State Of Arkansas s entitled and ad-
mitted to representation In Congress one Of the


MI. EDxUNDs, (rep.) OF Vt, took the noor in oppo-
sition to the amendment. He cited the power OF
Congress TO pronounce whether State constitution
Is republican in form, and maintained the power OF
Congress- therefore, to impose conditions OF adms-
sion enforcing the point by showing that it imposes
which il has afterwards held them, any attempt to
recede from which, on their part being null and void.
He recounted several decisions OF the Supreme Court
to that effect. In regard to the argument for the
equality OF States he said there such provision
in the constitution, but that the language was bor
rowed from the act OF cession by Virginia Of the
Northwestern Territories to the United States. He
insisted that 1t was OF more importance to maintain
the groundwork OF the principles of reconstruction
than to avoid delay of a month or two In the ad-
mission OF Arkansas He had not entirely made up his
mind, but leaned to the view that the racation Of
OF the amendment TO the constitutions, and argued
that 80 long as there was a doubt on the subject
the adoption of the fourteenth article should not be
put in peril. He thought it thoroughly advisable TO
continue military protection until the constitution
recently adopted should get INTO working order, and
moved that the bill be recommittcd with instructions
to provide for the immediate inauguration OF the
new State government and the continuance
until after the State should be admitted and the FOUR
teenth article ratified also to attach conditions
which would guard against the State governments


Mr. CoNKfIYa, trep.) Of N Y, maintained that the
action OF Congress IN imposing conditions to the adj



dent for guidance in the present case, and
citing numerous decisions the supreme
Court replied at length to the legal argument
Of Mr.. Edmunds. He pointed 'Out that when
Tennessee was admitted the Senate refused by a
large majority to impose any fundamental c0nd-
ti0ns and argued from the legislative history Of the
country that claim Of the right to impose cond-
tiOns has ever been made except in regard to taxa
tion and the rights Of property never in regard to
tion in the constitution Of that State in regard to
suffrage having been inserted upon the idea,
as expressed by many who voted for It, that 1t was
mere waste paper he cOntended that the doctrine OF
equality Of States necessary part OF the consttu
form. He had no doubt OF the power Of Congress to
reject State constitution until It complied with GER
tain conditions but denied that Congress could form
new constitution for q State. He warned them OF
the danger Of establishing this precedent which he
considered one OF great danger


Mr. YATES (rep.) OF ILL.,, reminded the Senator that
the five Northwestern States came In subject to the
ordinance Of 1889, with the condition imposed by
Congress that slavery, except for crime, should
never exist in any State In that territory.
Mr.. CONKLING replied that that question did not
arise under the constitution, but when the country
was governed under the articles of confederation,
the ordinance having been drawn by Nathan Dane in
lisa and again by Jefferson In 17S7 and its terms
having been embraced under the deed of cessiOn Of
that territory from Virginia.


Mr.. MORTON said that deed Of cession was silent
on the subject.


Mr.. CoNKLING closed at twenty-five minutes past
four O'Clock when Mr.. WILSON rose TO move for an
executive session.


Mr.. CoNNEss, (rep) OF CAL, suggested that the
Senator yield to allow him to call up the resolution
in regard to the final adjournment


Mr.. WILSON Qndignantly)-Why, at the rate we are
gong on we will not adjourn before the fourth Mon
day in December.


The Senate then went into executive session and
soon after adjourned.