Year: 1866

and desire? Then do not contend for
white suffrage.


Mr.. Stewart. l desire to inquire how
the Senator proposes to extend the right
of suffrage TO the blacks of the South,
whether by legislation or by amendment
to the Constitution?


Mr.. Wade. 1 propose to do it upon the
same principle that the President assum-
ed to do a great many other things that
| the Senator thinks and | think were
right. l ask how it was that these States
were compelled to comply with certain
conditions which the Senator says are ali
sufficient? Is it not the fact that just be-
| fore the adjournment of some of the con-
ventions in some of those States telegraph
ic dispatches were received stating that
unless they complied with certain Tequi-
sitions and adopted the constitutional
amendment they would not be admitted
into the Union and did they not there
upon conform their action to the demand
made of them? Does the Senator call
that voluntary action?


Mr.. Stewart. Do not the conditions
prescribed by the President stand on a
different footing from the right of suf-
| frage? Does not the qualification of vo
tiers in State stand on an entirely differ
ent footing from the other propositions as
to which the President gave his advice
Mr.. Wade. Not at all, in a constitu
tional point of view. If you could impose
one constitutional amendment upon q
State in a matter ordinarily belonging to
the State, why not another? They were
advised and requested by the Executive
/ TO pass the constitutional amendment.
And, sir, if 1 was a southern man-fOr l
am very apt to talk frankly-if were a
member of a southern legislature, and
under the duress of presidential mandate
was forced to comply with any coalition,
would Just as soon as could, repudiate
it on the ground of duress. Tie mandate
of the President to a seeded, fallen State
to-day, is nothing more than the com
mand of robber to a traveller on the
highway. They have got to do what is
asked of them, and they tell you so, and
tell you that when they get freedom of ac-
tion they will not consider the conditions
ext0rted from them as any binding force
upon them.


Mr. Stewart The question of suffrage
was not, while emancipation was, one of
the conditions.


Mr.. Wade. Do not understand me
now as contending that am opposed to
requiring these conditions of the South
ern people. / think they were right, but
l want them adopted voluntarily and not
by coercion or force. That brings NE to
consider another question which has been
greatly overlooked in this argument.


Mr.. Stewart. do not understand the
Senator as yet answering my question
how the suffrage is to be extended to the
blacks. That is practical question that
l desire to have answered.


Mr.. Wade. l will tell you before get
through.


Mr.. Stewart. 1 should like to hear it
distinctly.


Mr.. Wade. l will tell you exactly how
/ it can be done. 1t can be done by tell
| ing these gentlemen in the Southern
States, these traitors, that we shall be as
| lenient to our friends, the Union colored
of the South, as to them; that they shall
never put their feet upon this floor until
| they do justice according to the rule of
equity-they who seek justice shall first
do Justice. There is no difficulty in it.
and l was merely endeavoring tC show
that that position no more transcends the
Constitution of the United States than
that for which the Senator contends -
He says that the President has organized
civil governments in the South. Where
did be get his constitutional warrant for
that? ALI the great officers Of the Gov
eminent are created by law, and the Sen
ate of the United States must participate
in their appointment but the President
has appointed civil governors of the
States to do civil business. do not see
h. l. r. har ba
States had not ceceded.


Mr.. Stewart. l suppose it was his duty
under the war power to provide for the
re-establishment of civil government
when the armed forces OF the rebellion
were overthrown. 1t was undoubtedly
his duty then to invite the people to Or
ganize.


Mr. Wade. 1t was his duty under the
war power. Would it not have been just
as compitable with his duty if he had de.
manded that civil government be organ
.zed by admitting all the colored people
of proper age to participate in making
the Constitution and laws? Would it
have been any greater violation of the
Constitution than was done? Would 1t
not have been an exercise of military
power if he believed it requisite for the
public peace? Where is the distinction?
No causist can draw the line of distinc-
toe; 1t is idle to contend for it. Where
dill he get the power to prescribe the oath
which he required these people to take
Do YOU find that in The Constitution
Where do you find it? Was it not as
great a stretch of constitutional power to
do that as to say that the colored men
should vote q?


Mr.. Stewart l think not. l think il
very plain that he had no power to inter
fere with the qualifications of voters in
the States. There is no doubt about his
power to make such regulations as should
secure peace to the inhabitants, and he
had a right to invite the citizens who
were then acknowledged to be citizens
the constitution amendment had not then
been adopted-to organize all civil soci-
ETY..


Mr.. Wade. Who are the citizens?


Mr. Stewart. The loyal citizens. He
only extended the invitation to loyal citi-
zens.


Mr.. Wade. | have no doubt of his
power to do it in time of war, but doubt
very much his power to do it in time of
peace. This is a time of peace.


Mr., Stewart. What was he to do >
Leave them there to anarchy?


Mr.. Wade. No, govern them by mill
tary power as he had done from the time
the war ceased up to the time he prescri
bed the oath. Why did he prescribe
that?


Mr.. Stewart. Had not the people a
right, with his permission and consent, to
organize civil society as soon asthey posi-
bly, could?


Mr.. Wade. No doubt about that; but
| do not want to be turned aside to a con-
troversy on that subject. l am not con-
tending that the President has done any
thing very wrong in all this. l agree
that when we conquer people who had
no laws. who had no civil org4niz alton
and could have more, it devolved upon
the President of the United States. to
keep the peace in that country, and to
prescribe such rules and regulations as in
his judgment would conduce to that end
until such times as Congress should as
semble and prescribe the law to be follow
ed. That is what be had a right to do,