Year: 1870

having unQer CONSIDERATION the Dill Is NO. SiUl
TO enforce the fifteenth amendment to the Con-
stItution of the United States


Mr.. THURMAN said:


Mr.. PRESIDENT: L wish to say
something on this bill, but / am rath-
er unwell o-day, and very hoarse, and
for that reason | am anxious that the
bill should go over besides, do not
wish to speak TO empty seats. This
is bill of great importance, one that
will be remembered long after some
OF us, perhaps, are gone and yet on
its consideration there is not one third
of the Senate present. / do not speak
simply for the purpose of hearing
myself speak. / never do that; nor,
as the phrase is, for buncomb. I
shall speak with the hope of convinc-
ing thesSenate, at least those who will
listen to me, that there are features in
this bill which ought not to be in it,
and that the Senate cannot leave in it
with proper respect for itself. But,
as 1 said, do not wish to speak to
empty benches. / move that the Sen
ate adjourn.


The question being put, there were
on division--ayes IL, noes 80.


EOO OcHdtG ECluS6Q tO


Mr.. THURMAN. Mr.. President,
I shall forego any argument on the
question whether the so-called f1f-
teenth amendment is a part of the
Constitution of the United States. I
shall speak for a practical purpose,
AM therefore shall not moot a ques-
tion.up which l know the domi-
nant party of the Senate is fully COM
mitted, and which it would be entire
ly useless therefore to discuss; but
what l wish to do is to try in good
faith to convince the Senate, if it is
willing to be convinced, that there
are provisions in this bill which ought
not to be IN it, and that the bill, taken
as a whole, is not one that should re-
ceive the appreciation of the Senate.


Nor, sir, shall discuss the general
question whether Congress should
proceed to legislation of this kind,
without waiting to see what will be
done by the States, without waiting
to see that there is necessity for
such legislation, without waiting for
one single act done in violation of the
right of any citizen under your fif-
teenth amendment. Before any man
has been deprived of any right what
soever, or even threatened with de-
privation of any right whatsoever, it
is proposed to pass bill of pains and
penalties. Whether that can be done
is question which shall leave with
out discussion, because concede that
that is foregone conclusion with the
majority of the Senate. 1t is true,
that is question which should like
to discuss, if thought there could be
any good produced by discussing it,
Without any act on the part of sim
gle State, without any threat of re-
sistanee OH the part of single State,
when State after State has permitted
the colored race to vote at the spring
elections, and there is no complaint
anywhere that any one of them has
been deprived of the right of suffrage,
| do think it is of most evil example
that a bill which bristles all over with
pains and penalties, bill which
of character and responsibility to hold
the Office of judge of election, should
be introduced into the Senate with a
! fair prospect of its passage.


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


What is the first section? l speak
| now of the amendment proposed by
the Judiciary Committee; and here
ought to say that though a member OF
/ that committee / was not in commit
tee when this matter was considered ;
l was absent from the city and it was
not until this very morning that for
the first time | saw this bill. What
is the first section of this proposed
amendment?


That all citizens of the United states who are
OF shall be otherwise qualified by law to vote at
any election by the people in any State, Terri
school district municipality, or other territorial
| subdivision, shall be entitled and allowed to
vote at all snch elections without distinction OF
any law, custom, usage. or regulation of any
State or Territory, or by or under its authority
to the contrary Notwithstanding.


The only observation 1 have to make
about that is that the thing is wholly
unnecessary and nugatory if the fif-
teenth amendment is part of the
Constitution of the United States
I oa cannot add any strength to the
fifteenth constitutional amendment by
putting the very identical provision
of that amendment into the shape OF
a statute. The whole thing, there
fore, is simply inoficious and nuga.
tory.


What is the second section?


SEC. q. dnd be it turther enacted. That if by
or under the authority of the constitution OF
tlaYs of any State or the laws of any Territory
| any act is Or shall be required to be done as
| prerequisite or qualification for voting. and by
such constitution or laws persons CT officers ART
or shall be charged with the performance of du





perform such prerequisite or to become quail
fled to vete, 1t shall be the duty of every sucl
person and officer to give to all citizens of tn,
United States the same and equal opportunity
to perform such prerequisite, and to become
qualified to votc without llistiction of race col
any such person or officer shall refuse or know
ingly omit to give full effect to this section h
shall for every such ofense forfeit and pay th
sum OF $500 to the person aggliev thereby, Il
be facoyered by an action on the case. with ful
costs and such allowance for counsel fees as th
court shall deem just and Snail also fer ever,
such ofense be deemed guilty of misdemean
or and shall. on conviction thereof be fined no
less than $780, and be imprisoned not less thai
one month and not more than one year.


The first thing that strikes lawyer


ON reading that section is that it un


dertakes to impose by act of Con
gress duties upon officers of a State
officers created under State authority


deriving their sole commission to ae


from the State. In other words, it i
, directly in the face of the decision o


the Supreme Court, in Prigg as. Th
Commonwealth of Pennsylvania, il
which il was declared by the Suprem
,, Court of the United States, I behey
almost unanimously, that it was no


in the power of Congress to impos


any duty or impose any authority up


on aa officer of State. You under


take to regulate the duty of officer


created by State authority, holding


their Offices solely under State au


thority, amenable solely to the Stat


by which they are chosen or by whicl
+ they are appointed; you undertak


to say that the powers, Duties an


functions of an officer of q State
i, holding his office simply under th


State, can be regulated, prescribed
0 governed, and enforced by an act G
!. Congress.


' If this doctrine be true you ca


pass law to take the Governor c


Ohio from his executive seat and tr
him before one of your district court
y of the United States; you may tax