Year: 1870




The Senate, as i'm Committee Of the
Whole having under consideration the
bill Is. No. SlO( to enforce the fifteenth
amendment to the Constitution Of the
United States


Mr.. THURMAN said:


MrsPREaBENT: I wish 10 say some
thing on this bill, but 1 am rather un-
well to-day, and very hOarse, and for
that reason 1 am anxious that the bill
should RClOver; besides, / do not wish to
speak to empty seats. This IS bill q
great importance, one that will be Te-
membered long after some OF US perhaps,
are gone; and yet on its consideration,
there Is not one third Of Senate present!
II do not speak simply for the purpose Of
hsafing myself speak I never do that; ;
nor as tbe nhTRse is, for bUncombe.
shall speak with the hope Of convincing
the Senate, OF least those who will listen
to me, that there are features in this bill
which ought not to be in il, and that
the Senate cannot leave it with a proper
respect for iself. But, as l said, do not
not wish to speak to empty benches. I
move that the Senare adjourn.


The question being put, there were on
a divisiOn-ayes u, noes 80.


So the Senate refused to adjourn.


Mr.. THURMAN. Mr.. President,
shall fOregO any argument on the ques-
tioD whether the sO-called fifteenth
amendment is a part of the Constitution
Of the United States. l shall speak for a
praeticle purpose, and therefore I shall
not moot q question upon which know
the dominant party Of tue Ssnateis fully
committed, and which it would be ell
tireIy useless therefore to discuss; but
what I wish to do is to try in good faith
to convince tho Senate, if il is willing to
be convinced, that there are provisions
in this bill which ought not to be in 1T,
and that the bill taken as whole, is
not one one that should receive the ap-
probation of the Senate.


. Nor, sir, shall discuss the general
question whether Congress should pro-
ceed to legislation Of this kind, without
waiting to see what will be done by the
States, without waiting to see that there
fs-a necessity f0TsUch legislation, with
out waiting for one single act dene in
violation of the right of any citizen un-
under your fifteen amendment. Before
any man has been deprived Of any right
whatsoever, or even threatened with a
UENIELNAlLOlL
Is proposed to pass q bill of pains and
penalties. Whether that can be done is
q question which I shall leave without
discussion, because, / COnCede that that
is a fOrgone conclusion with the majOri-
ty Of the Senate. 1t is true, that is a
question which I should like to discuss
if I thought there could be any good pro
duced by discussing it. Without any
act on the part Of a single State, without
any threat Of resistance on the part of a
single State, when State after State has
permitted the eOlOred race to vote at the
spring elections, and there is no COM
plainf anywhere that any one Of them
has been deprived of the right Ofsuhrage
do think It Is Of most evil example
that bill which bristles all over with
pains and penalties, n bill which makes
It impossible almost for man OfchaTac-
ter andrespOnsibility to hold the Office Of
Judge of election, should be introduced
into the Senate with fair prospect Of
its passage.


But, sir, passing this by let us look at
the details of this bill.


What is the first section? I speak
now Of the amendment proposed by bhe
judiciary Committee; and here / ought
to say that though a member of that
committee I was not in the committee
when this matter was considered; 1 was
absent from the city; and it was not un-
I'll this very morning that for the first
time EsaW this bill. What is the first
section Of this proposed amendment?


That al citizens of the United States
who are or shall be otherwise qualified
by law to vote at any election by the
DeoBle i'm any State, Territory, district,
county, city, parish, township, school
district, municipality, or other teITitOT-
ial subdivision, shall be entitled and al
lowed to vote at all such elections, with
destruction Of race, color, OF previous
condition Ofservitude, any law, custom
usage, or regulation Of any State or Ter
fitofV, or BY or under its authority, to
the contrary notwithstanding,


The only observation have to make
about that is that the thing is wholly
unnecessary and nugatOry if the fifteen
tn amendment is part of the COnstitu-
! ton of the United States. You cannot
add any strength to the fifteenth con-
tstitutiOIlal amendment by putting the
very identical provision of that amend
J7ggI5t into the shape Of q statute. The
whole thing, therefore, is simply inofti-
eiOus and nUgatOry.


/ What is the second section?


SEC. 2. Ind be It. further enacted, That
/ il by or under the authority of the con-
stitUtiOn or laws Of any State or laws OF
any Territory, any act is or shall be re-
! quired to be done as a prerequisite OF
/ qualification f0TYoting, and by such con-
! stitutiOn or laws persons or officers are


or shall be charged with thep performance
% fdatiPs in furnishing to citizens an OT-


Ia roorfoTrp1 ia
! tO-beeonle qualified to vote, it shall be
] the dutE OF the duty of every such person
and officer 20 give to all citizens Of the
I United States the same and equal OppOr-
tUnity to perform such prerequisite, and
to become qualified to vote, without dis
tinetiOn Of race, color, or previous cOndi-
I OF ssrYitude, and If any such person OF
I officer shall refuse or knowingly omit tC
give full effect to this section, he shall
/ for every such Offense, forfeit apd pay
| the sum of $500 to the person aggrieved


thereby, to be recovered by an action Oh
( the case, with full costs and such allow,
/ anee for counsel fees as the court as the


court shall deem Just, and also for evefs


such 0ffenss be deemed guilty. 6f Q u3Is-
I demeanOr, and shall Oh conviction
thereof, be fined not less than $500, and


be imprisoned not less than one month


and not more than one year.


The first thing that strikes a lawyer


on reading that section is that it under.


takes to impose by act OfCOngress duties


upon officers Of a State, officers created


under State authority deriving their sole
commission to act from the State. In


other words, it is in tine face of the decis,


ion of the Supreme Court, in Prigg rs


The Commonwealth OfPennsylvania, il
d. which it was declared by the Supreme
I Court Of the United States, believe nj.
most unanimously. that it was not il


the power Of Congress to impose any


authority upon an officer Of a State


You undertake to regulate thedUty Of of
4 fCeTs created by State authority, hold


ing their offices solely under State
authority, amenable solely to the
State by which they are chosen or by


which they are appointed; you under


take 70 say that the powers, duties, anC
functions of an officer OF a State, hold


ing his Office simply under the State


can be regulated, prescribed, gov


erned, and enforced by an act Of Con
. gress.


IF this doctrine be true you can pass 8


law to take the Governor Of Ohio from
( his executive seat and try him before


one Of your district courts Of the United


States you may take the the Governor


Of New York or Of any other State, Ol


the supreme judges Of any State and try


them under this bill of pains and penal


ties because they, officers of a state, dc


not execute an act Of Congress ] deny