Year: 1866

by which it can declare that a State
shall punish crime in only one certain
way? Is there in this Union a single
State whose criminal code does not pro-
vide alternative penalties =? The law of
my own State provides that for an as
sault with deadly weapon with an in
tent to commit bodily injury, the often
der on conviction may be sent to the
State prison for two years, or be fued
in the sum of $4,000. If the judge
who imposes the sentence sees fit to i'm
pose fine, the offender, if he be able
to pay it, suffers no other penalty. By
paying the fine, he saves himself from
Imprisonment.


Now, let me suppose case which
not only may happen, but has happened,
in the Southern States Grant that the
laws must be made equal; that they
must be administered equally upon all
classes, without regard to color or race.
Suppose that State enacts provision
that party guilty of an offense shall,
on conviction, be imprisoned in the
State prison for two years or be sold in
to slavery. Such provision operates
equally upon all classes, but the judge
could discriminate, and could say to the
white offender, " Go to the State pris-
on" while he could say to the black
man, "Go into slavery" You cannot
prevent such things as that by any le-
gislation in these Halls. Such things
are being done now in the Southern
States, as organized under executive
authority. Let Congress admit that
these are States of this Union, with the
right to representation, and we shall
have given that system an irrevocable
sanction beyond the future control of
the Government of the United States,
because those States are acting under
the amendment to the Constitution, and
can pass such laws in spite of anything
which we may do in this Hall, and you
leave slavery sealed upon the Govern
ment. That is one of the results, if
the Executive is right in his position.
We are tied and bound, and we cannot
get by it; but if it requires legislation,
then we hold the power. But we can
not, except we can get through an
amendment of the character now pend
ing before this body, if they are States
now, and have the right to come on this
floor, and we can only judge of the
elections, returns, and qualifications of
our own members.


I have heard a great deal here, Mr..
Speaker, about taxing the people of the
South and not allowing them represen-
tation. I cannot see any objection that
the people who have buried so many
of the noble men of this Union in their
soil, as we'll as millions of our substance


can see no objection that they are do
ing penance and probation, and that
some fruit is coming from them to this
Government.


Why, sir, we have been taxing with.


out representation; and we are now tax.
ing the people of Nebraska, which is


only Territory, having only voice on


this floor and no voice at the other end


of the Capitol. Nebraska furnished
money and furnished soldiers for the
Government. Nebraska was taxed
during the war, although she had nc


vote here. How much better is rebel
South Carolina than loyal Nebraska?
Mr.. NIBLAoK. beg to inquire Of
the gentleman whether the amendment
to the Constitution he is advocating g il
Intended or calculated to have any eff
feet on the condition of the Chinese il
California. If it is to have any efect
on the Chinese population there, let US
: know what effect it is to have?


Mr.. HIGBY. l will say to the gen.


tleman if they will do away with the
treaty with China we will get rid Of
Cinnamon. They are nothing but q
pagan race ; l say if you knew them
you would find they are the very reverse
of Christian people. 1 have been
! among them for fifteen years. At first
I thought 1 knew them, but soon !
found | was extremely ignorant. You
cannot make good citizens of them
> They do not learn the language of the


country; and you can communicate
with them only with difficulty, as their
; language is perhaps the most difficult Of
all those which are spoken. They take
their dead, tear the flesh from the bones,


box the bones up, and send them to
, China. They bring their clay and
and wooden gods from China; and as we
are free people we permit them to


bow down and worship them.


Sir, they do not propagate in our


country. There is not a generation