Year: 1866

MI UuInTle presented certificate OF election O.
Hon, Geo 5. Houston Senator from Alabama
Laid on the table


POLICE FOR THE DISTRICT


MIR. Morrill, presented bill amending the act pro.
vdng for metropolitan police force for the District
Columbia.


INFORMATION ASKED.


On motion of Mr.. Sherman, it was resolved that
the Secretary of War be requested to communicate
70 the enate the medical statistics gathered in the
Provost Marshal and Surgeon Generals offices during
the war.


COTTON FRAUDS.


Mr.. Davis offered a resolution that a committee OF
seven be appointed to examine into the alleged
agents.


eral and that the committee to which they had been
referred could not accomplish anything if distinct
charges were not made


Mr.. Davis remarked that few, if any, of these
agents were entirely gultless, and that well sus-
tanned charges against several of them of commit
eiPgg Rg the most asFnnf Frauds were now laid in this
Considerable discussion took place on the resolu-


Mr.. McDougaI offered an amendment including
all charges Of fraud against Government officers at
New Orleans, Mississippi and Nebraska.


Mr.. McDOugall then alluded to the frauds and cor
rupti9ns charged upon General Butler and his broth
er, while the former was in command of New Or
leans and said it due to justice that these cor
ruptlonS should be inquired into.


A motion of Mr.. Conness to lay the resolution upon
the table was defeated.


Mr.. Davis said. that he had no doubt that if a
proper committee would go into an investigation Of
this matter it would bring to light millions upon
millions ofdolars which had been plundered by these
men.


THE CONSTITUTIONAL AMENDMENT.


Pending discussion tho morning hour expired and
the consideration of the Joint resolution fixing the
basis OF representation came up, upon which Mr.
johnson was entitled to the floor.


Inc question was upon the amendment of Mr.
Henderson.


Mr.. johnson said in the remarks which he was
about to make, he should address himself first to the
consideration of the resolution Immediately before
the Senate IN order to ascertain its exact meaning
Secondly the supposed necessity which calls for such
an amendment; and thirdly its effect upon the con-
dltion OF the country.


What then, is the meaning of the resolution as il
now stands? The second section of the first article
of the Constitution regulates the mode in which rep
resentation and taxation are to be ascertaned and
it makes both to depend upon the same facts. Rep
resentation is to beappOrtioned according to numbers
and direct taxation in the way. As the res0lu-
ton originally reported, the committee left them
subject only to other changes to stand in the same
condition. Upon the recommitment the provision il
Originally contained in relation to direct taxation
was omitted, and 1t stands now as proposition to
amend the Constitution, so as to affect alone the
ond section of the first article, which provides the
mode in which the number of representatives is to
be ascertained.


The Senate would remember that, that was made
to depend exclusively upon members, with two ex-
cepOnS the first, that in aScertaining the numbers
which to regulate the amount of representation
Indians not taxed were to be excluded, and the
second, that portion of the people in the States
where slavery existed and so held were to be counted
only to the extent of tbreettths of the whole; SO
that as the Constitution now stands, if slavery still
existed, the Southern States would be entitled tog
number of representatives to be ascertaned by as
certaining the number of persons therein generally
and secondly by debiting the State against such
number, with the entire Indian not taxed, and
twofths of the persons in such States who were not
to be taken into the estimate,
effect of the proposed amendment. The entire
amendment makes no change in the corresponding
provisions of the Constitution, except omtting the
provision, counting only threefths of certain cas
of the population. The reason for that omission is
of course, apparent. There no such persons now
in existence any of the States who are not entitled
to be considered each fOrhimsef as man. and not a
property. That provision was made because at tha
time there did exist in those states class who were
both persons and chattels.


There was great difficulty in the convention in pro
viding for the manner in which that class of person
TO be represented and equal difficulty in ascer
tanning how the provision In regard to taxation
to he made and they came for in those days there
not so much objection to compromised to the con
clusiOn that the good Of the country demanded thai
there should be compromise, and they proposed thu
provision it now stands, such. That is person
held in slavery was to be esteemed three-ifhs mar
rule in relation to taxation. They very wisely
concluded that as some general rule should b'
than any other to arrive at just result in ascertain
ing the number Of representatives and the quota o
taxation. Now, far relating to the quota o
taxation and representation, the state of things
materially changed.


There are no men. so to speak. who are three-ffth
men. We all stand on the same platform. As We





equality far as relates to human rights and it wa
entirely unnecessary to change the mode of repre-
sentation and taxation, except for some purpose
which did not into the estimation of the wis,
and good men by whom the Constitution was adopted
This amendment says to the States. You to bt
entitled to number of Representatives in proportion
to your members'-whlch Is all right that our father
designed that they gave, and under that the country
has gone on prsperoqsy But if you, in the exercise
of your right, think proper to exclude from the
privilege Of suffrage any portion of your population
account ofrace or color that portion is to be akeI
from the amount of numbers which is to regulate the
number of your representatives.


, Your power in the Government is corresponding 81.
to be decreased 1t does more than that. 1t no
only says that if there be by State legislation dis
tinction account of race color in the exercis
of the elective franchise not only shall the numbe
of persons who shall be so excluded from the fran
chise be deducted from the number of persons whicl
is to ascertain the number of your representa-
tives, but every man, whether entitled to vot
or not by the laws Of the State, of whom it ma!
be said that he belongs to race, and every man VIII
comes under the denomination of color within thu
limits of the States, is to be deducted from th


He then alluded to the fact that under the Con
stitution Of New York, no person of color can vot
who has not a freehold and an acquired residence
This qualification was not required of white man
There was, therefore, distinction of color and un
der the propositon the whole of that population wa
to be deducted from the enumeration and NeT
York may lose portion of her representation.


Mr.. Conness. viii the Hon. Senator at this poin
allow me to ask him question?


Mr. johnson. Wi pleasure.


Mr.. Conness. Suppose one of these States. Nortl
Carolina, for instance if this amendment should b
adopted, should enact that property qualification
should be required for the exercise of the franchise
not applicable to the colored people alone but to
alike and such an amount was established as Woul
lead to the exclusion of large number of the colore
population from the polls. would not that State not
withstanding this amendment, be entitled to repre-
sentation for its entire population black and white
inasmuch as the exclusion was not account of rae
color. but property qualification applying uni
veTa ask the senator iGf torn gve
nothing that could be construed denying tha
proposition. None are to be deducted except tn
entire class against whom some qualification is re
aured for the exercise of the right of franchise tina
is not required of the white If the same quail
ficaton is required for both, of course there is
distinction. What said was, that as the franchise
now regulated in New York, unless she changes
either by abolishing the free bred qualification nov
demanded, or by requiring like qualification upo
the part of the white voter, that the whole of he
colored population will be deducted in the estimate


Mr.. Conness-! wish to say. that at this point
desired discussion by the Senator of the effect
such a statute in one of these States under thi
amendment, and with that view asked the question


Mr.. Johnson! do not object to the interrogator
at ALL and admit that in the case supposed by tn
honorable Senator there would be no deduction
they would all be eabracedbut if the other States
as well as New Ork, admitting the colored man t
vote at all, require quail ifcation which they do nc
exact of the white man. then the entire colored me
within the limits of the State are to be deducte
from the estimate.


Now, Mr.. President, there is another questio
which the Senate will ha!e to meet and the countr
Only six States in the Union admit the colore
man to the right of suffrage.


/ do not ask how many admit them by requiring
different qualification than they require of the whit
man. but how many of them positively exclude theI
| from the right of franchise. We have thrty-si
States if the Southern States not out. Admttin
for the sake of argument that they are out how
of those which claimed to be in and whose reu
resentatives upon this floor give to the colore
man the right of franchise? Only six and unles
the States change their policy and he did not thin
they would, if this amendment passes thereis harl
one of those States that would not lose represents
tive or than one, provided they had this popu
lation amongst them. Senators upon this floor upo
whom it will not operate, may be willing to pass
| because it will not diminish their power.
Massachusetts, with white population of 22l Sc
| has only colored population of 1902: New YOrl
with a white population of S31 730 has only colo
ed population 49 0O5 Vermont. white population 81
| $780, coored, 7O9; New Hampshire, whose Senator IN
Clark advocates this amendment with so much yea
1 has only colOred population 4A The experimeI
is quite safe for them 1t will not affect them injr
riously they will lose no representation, but on *
| contrary will gain in relative influence
| They will not be met by the corresponding repr,
sentatives OF the other States the constitution
1889 designated, but by representatives numberir
one-thrd less The chairs in the other hall for II
representatives of the Southern States will he MOI
or less vacated and what for? Is it from the dang


Of having them filled? Are not the statesmen of Il
| North equal to the statesmen of the South VIII


is there looking to the history of the past that


lead us to believe that the North is inferior to II
| South in intellectual improvement or statesmanshil
| You have proved, and thank God you have DR.


ven that if listening to evil counsels rendered e


fective perhaps by your own misjudged legslatiO
| and by the ill advised course of your own Dopu


portion of the South involved the country in a wa


the magnitude of which no language can deserib
| you have proved yourselves adequate to the duty


defeating them in their mad and traitorous purpos
L IL L.