Year: 1878

| = -""N''AN" vs. A-'"Nea WV - NHNDN'S" VA NVh7
sltutlonal Law.


Mr., Blaine We are going down to indict no man
and 10 try no man. 1t Is to ascertain a question
far beyond and far above the rights or the wrongs
Of any individual, AID that is whether there is a
fair and impartial representation in the makeup
Of the Congress Of the United States; and in this
connection beg here to reply TO q remark made
by the honorable Senator from Mississippi (Mr
Lamar) on the day when these resolutions were
debated before, and that remark implied that
even II there might be some advantage for the
South in the popular branch Of Congress it was an
advantage more than compensated by some coun.
tervailiDg advantage which we held In this sbranch
Sir, whenever that phase is brought light know
ing that 1t is held up as dreadful example let
me tell the honorable Senator from Mississippi
and the country that can name six Southern
States that send twelve Senators to this floor with
one half the white population of the six New
England States and with less than the aggregate
population. So that If the remedy hinted at by
the Senator from Mississippi should be res0rted to
that sCalpel would cut more deeply into the South
than 1t would into the North. Let me tell him,
sir, that Of the thirty two Senators who sit here
from the Southern States and forty -four from the
Northern States a much larger number of con.
stituents are behind each Northern senator than
behind each Southern Senator. Then If you take
1t in classes between the North and South the ad.
vantage is Overwhelmingly against the South. If
you take the frightful example of New England,
always held up, will gather together six States
Of the SoHth that illustrate in far more striking
Eanner what the Senator intimated by the injus.
tice of representation in this branch.


Mr.. Lamar-Mr. President, the Senator from
Maine misunderstood the position which took
with reference to the representation of States in
this Senate, owing no doubt to the want Of clear
ness In my own statement II / did not misappre.
hend the Senator from Maine on that occasion his
argument was that under the amendments which
conferred freedom and citizenship and suffrage
upon the black race, the South through certain
irregular methods had obtained a representation
in the House of Representatives disproportioned,
not to her population but 10 the actual voters at
the polls; and II did not mistake him he quoted
from the Supreme Court reports of the United
States decision that the power of Congress did
not extend far enough 10 remedy that dispropor-
portion Of representation in the other House. II
/ understood him he said that that eCision which
denied the power of Congress TO legislate 80 long
as the laws of State itself did not deny or abridge
any of these rights to the negro populadon-that
Congress was pOWerless 10 intervene-was indOTs
eu ny ul US DbluB lIue W lu0 IelteT OF Lne OOnbtl
tuition which killeth l understood him to say
that the Constitution as thus construed wasa kill
ing Constitution, and that the letter of IL stood up
as barrier to the enforcement Of the rights con-
foued upon the colored citizens


Mr.. Blaine-The Senator misunderstood me.


Mr.. Lamar-OWing to my own obtuseness no
doubt,


Mr., Blaine-Such might be the ruling OF the
courts said on the letter which killeth, but
protested against the equity and justice of II, 1
did not at ali admit that that was what in my
judgment the Constitution was designed to be.


Mr.. LamaT-Precsely. He did not admit that
1t was what 1t was designed to be; but do l under
stand now the Senator to say that he differs
with the Court In Its construction of the Constu'
tiOn2


Mr.. Blaine-I do That may not be very great
shock to the Court but nevertheless do.


Mr.. Lamar-I differ from the Senator. The
Court will be greatly shocked but perhaps will
survive the attack, Laughter) Then, sir,
thought 1t was not amiss to suggest that If there
were remedies in the American people to prevent
this disproportiOnate representation, and If we
could so legislate as to make not population but
actual voters at the polls to be the limit Of repre-
seDtaton OF State; and If Congress or the people
by their amending power should thus interpose
to reform the Government and to make it a Gov
ernment based entirely upon numbers, not that
New England alone, but that the South also might
apprehend that you would go further and orum
BILE into ruin our entire system. Sir, when the
gentleman tells me that the Soath is in the same
danger that the East is, that the New England
States are, he only reiterates fact that have at
tempted to impress upon both sections, and that
is that the nvlolability Of the Constitution is the
only shield and safeguard Of New Englandas well
as OF the South. Sir, the menace does not come
from the weak and impotent South. When this
popular movement this effort to bring this Gov
ernment to the pure principle Of democratic alb.
solntism, trampling down in its relentless strides
the barriers Of the Constitution, he will hnd the
power not in the South but In the mighty West,
whose little finger is greater and more potent than
the two thighs Of South and East united,