Year: 1868

S0"S shiOASh onJ iOAHi ~u~
ceremonies, but you can just as we'll pass
law at once that Jeff. Davis will be
hung. There is no difficulty about it. 1t
can be done. If his presence as the arch
traitor is in the way of establi shing a re-
publican form of government under the
guarantee clause, hang him! There is
no trouble about it in the world 1t is
one of the class of powers clearly defined.


Now, Mr.. President, l have but very
little to say about this particular bill
which is before the senate. 1t is bill up
on which its face admits the constitutional
question is against the majority, for it says
that the executive department and the ju-
dicial department Of the government shall
not recognize the southern state govern
ments. You say to the judiciary. "These
states shall not be recognized" The con-
stitution of the United States says that
the judicial proceedings of the several
states shall be respected in all the other
states. That is constitutional provision;
and yet here you say that the judicial de-
partment of the government shall not rec.
ognize these states at all; and therefore
the supreme court, you think, cannot try
any questions that are likely to arise on
your reconstruction policy.


And this brings me to consider for a
minute the remarkable bill requiring two
thirds of the supreme court to concur be-
fore an act of congress can be decided un-
constitutional What is the effect of that?
In the first place, it gives an unconstitu-
tional law two-thirds of a majority over
the constitution itself. The question is
whether an act Of congress is the law or
whether the constitution is the law, and
on that question you propose to give the
constitution one chance and the unconsti-
tutional act of congress two chances.
Then, if my rights in case in the su-
preme court depend upon the constitution
act your rights depend upon an act Of
congress; three judges can give you de-
cision, while must have six to carry
my case. AS has been expressed, two
pound weight is put on one end Of the
scale of justice and one pound weight
on the other; and you expect this country
to approve that, do you? You expect
honest men who are fit to sit on juries to
say that such legislation as that is right
For thousand years the courts have
come down with our race on the doctrine
that majority shall decide; and now, for
political and partisan purposes, because
you dare not trust your legislation to go
before that tribunal which the fathers and
the constitution established to settle it
you attempt to strip that court of the au
thority and the power with which the
fathers clothed it. 1t is an admission
bold and patent before the world that
cur legislation is vicious.


[ do not know how far this process of
education of which my colleague speaks
is to go. l speak of the education that
has carried the majority up to my friend
from Massachusetts. | shall not refer to
that further, for l shall be interrupted if
[ do; but the process Of education is 60
ing on. | said in the senate, a year or
two ago, that the course of things is this :
the senator from Massachusetts, steps out
boldly, declares his doctine, and then he
is approached, and finally he governs.
Believing that he is in the right con-
cede that belief to him as senator-his
place in this body and before this country
today is very proud one. He was told
somewhat sneeringly two years ago that
among his party friends he stood alone,
and to-day they all stand upon his position.
This is compliment and endorsement of
sagacity and intelligence that but few men
receive in the course Of public life.
But how far is this education to go? We
hear the crack of the whip. The threat
is that eff the southern people do not &C
quiesce in this we will give them a still
more terrible penalty" Where is it to
come from? The argument has no weight
with me. 4 threat to carry this into a
still greater wrong shall not deter me from
standing where my con nscience requires me
to stand. If you say that, in case the
southern states do not agree to your prop
ositions you will 60 beyond them and still
further outrage the right, the response
biIity in all history will be with the major
ity that now governs the legislation of
this country. On every side you chide
the southern states because they did not
indorse the proposed fourteenth amend
ment to the constitution. IF they have
no constitutional governments what do you
chide them forY If they have 40 legal
state governments and no legal leg
islations what railing accusations is this
you bring against them, for they cannot
ratify constitutional amendment if they
have no legal existence.


My colleague in the course of his speech
rel ,rred to a statement made by him in a
speech recently delivered in this city that
the democrats stood upon the policy OF
paying for the slaves of the south. In
party warfare, Mr.. President, concede
always to the opposite party the right to
define their own positions, and L take them
as truthfully defining their positions, and
1 do not ever attribute to the opposite
party political opinions which they dis
claim for themselves. 1 have no right to
do it, and l say my colleague has no right
to attribute to the great democracy of
this country grand party, a party
whose intelligence has had mighty in
fuence in the past, and is to WELD a
great influence in the future of this coun.
try-doctrines and purposes which tha'
party disclaims Cor itselfl We have 9
right to stand where we define our owl
platform. / think it is most remarkable
thing that every republican gentleman
should say that the democracy are in fa-
vor of paying for manumitted slaves
IL