A. J. GERRITSON, Thiblisher.} NEIC*-I=ILCO gatl:TreraNit.B43lr3El. gB .1P MI 33 CJ ME SENATOR HIESTER CLYMER, OF BBR.BB COL-STY, On Landon • s resolution approving the action of those 'members of Congress from Pennsylvania who voted In favor of the District of Columbia Negro Suffrage Bill, and instructing the Pennsylvania U. S. Senators to support the same In the 11. S. Senate. Mr. CLYMER said: Mr. Speaker: Were I at this hour to consult my own feelings, I should certainly not rise to address the Senate. For several days I have been suffering from a severe indisposition, and I do not know that I will be able to say what I have proposed for myself, with that clearness and that precision which I conceive the great importance of the question demands; and I should gladly remain silent did I not feel that a higher duty than is usually imposed upon a Sen ator falls to my lot. I feel, sir, that when one is charged to speak by every man who has voted for him and whom he im mediately represents, and by thousands of others who have hitherto opposed him, who say, "for the sake of right, for the sake of justice, for our own sake and those who are to come after us, give utterance to our sentiments in the Senate of Pennsyl vania"—l say, when called upon by such voices, coming up from every hill and val ley of the Commonwealth, I could not re frain from speaking, however imperfectly the duty may be performed. In addition, sir, I am called upon by past memories in this State, by the past action of the good and great men who laid her foundations upon certain immutable principles, and who guided her destinies since she was a weak and dependent col ony. By all these considerations I feel con strained, at this hour and upon this sub ject, to say something to this honorable body, and in so doing I shall not diverge from the issue directly made by the reso lutions offered by the Senator from Brad ford (Mr. Landon.) I will not, unless compelled so to do, travel over the wide field embraced in the remarks of that Sen ator, and in the discoursive effort of the Senator. from Indiana (Mr. White.) I in tend to confine myself to the question up on which instructions are proposed to be given. And, sir, for myself and the peo ple of this State, I thank the Senator from Bradford, that he, first of all, has bad the hardihood, the boldness, aye sir, I may call it the daring courage, here and ; now to distinctly avow, and glory in the avowal, that all the blood and treasure spent, that-all the ills untold which have ' befallen our land, that all the debt, the ca lamity n Id misery, the carnage and har vest of a path through which we have just passed, was, sir, not to preserve a Consti tution and risture a broken Union, but was to keep the party to which the Sena tor adheres, in power, through the co-op eration and by the votes of an infenor and debased race, whom they already proudly call their allies! (Applause.) Oh, sir, I confess to you it does , require nerve and courage to do it. But I thank God the Senator has made the deliberate avowal, right here, where it may be wet by the indignant scorn of the people of this State, and that the member of Con gress from the Lancaster district, (Mr. Stevens,) has made a similar avowal upon the floor of Congress. He alone of all hie party dared make it there. The Re publican party of this State may not here after deny its position on this question.— It has long denied the issue. Would, sir, that it could have been 'fairly made years ago. How much of sorrow and of blood it would have spared this land ? Bat, air, the mask is thrown aside, the hideous purpose is at last disclosed ; the hour of trial has come. The people shall sit in judgment; and woe be to those who have so long deceived them, thereby drenching the land with blood and mort gaging the present and future generations with endless debt. Mr. Speaker, the resolutions before the Senate are in these words : "Whereas, A bill enfranchising:the col ored citizens of the District of Columbia lately . passed the lower house of Congress, receiving the earnest support of our Re pub!ican members; therefore, be it Resolved by the Senate and House,&c., That we approve and commend the action of our members in their support of this measure * and our Senators are requested and hereby instructed to vote for the same. Resolved,. That the Governor be re quested to forward to each of our mem bers and Senators in Congress a copy of this preamble and resolution." DOCTIRICE OF INSTRUCTIONS -UPON VIIAT 1"017N33:ED Before discussing the policy of the measure, for which our Representatives in Congress are thanked for having voted, and fot which it is proposed to instruct our Senators to vote, I 'design briefly to discuss the doctrine of instructions. It is based upon the- supposition that those who give the instructions truly and unquestionably represent the majority of the whole people . of the State; add:that, the question upon Vtbieti.bistreotiens glen was a recognized principle in the general platform of the party having the ascendency in • the State, or a distinct is sue made before and approved by the peo ple in some preceding election. I _con ,ceive these to be the only grounds on which instructions can have any binding force. DOES THE SENATE OF PENNSYLVANIA, AS NOW CONSTITUTED, FAIRLY REPRESENT PARTIES IN THIS STATE ? In order to ascertain whether, if these instructions are passed by the General Assembly, they will truly represent the opinions of a majority of the whole peo ple of Pennsylvania, or whether they will merely be an expression of the opinions of certain Senators and members who hold their seats in these halls by means ot ger rymandered districts, or upon issues oth er than the one now presented, I shall have to refer to some facts and figures. At the Presidential election in 186-1, a larger vote was polled than ever before in this State, amounting in the aggregate to 562,707. Of these Mr. Lincoln received 296,391, and General McClellan 276,1075 ; Mr. Lincoln's majority being 20,075. If you will divide the whole by the number composing this body, (thirty-three,) it will appear that the average number of I voters to each Senator is 17,051. It fol lows, then, if the people of this State were fairly and honestly represented on this floor, and that if the State bad not been wifilly and unconstitutionally by party drill and under the party lash gerryman dered, there should and would be sixteen Democratic Senators bolding seats here instead of twelve, and bat seventeen Re publicans instead of twenty-one ! It were a useless waste of time to point out the means by which this nefarious scheme was accomplished, but I may not refrain from citing one specimen of the honesty andfairnebs of the Republican ma jority which fastened this injustice and outrage upon the people of this State. At the Presidential election, the coun ty of Lancaster polled 22,917 votes. At the same election, Berks county polled 19,976 votes. Lancaster polling but 2,- 941 votes more than Berke, and yet Lan caster has two Senators in this body and Berks but one ; and in the House Lan caster has four members and Berks only three 1 I—thereby giving the 2,941 vweis which Lancaster has in excess of Berks one Senator and a member !! ! I might cite other cases of like injustice and fraud, but, I will not detain the Senate by referring to a subject for which there is no present remedy. But, sir, assuming that there should be sixteen Senators on this floor represent ing the Democratic vote of the State, and that at, least three if not a greater num ber of Republican Senators will decline to vote, or if voting, will do so against the resolutions, I ask, sir, whether even if you pass them, will they be the voice or a majority of the whole people of the State? There is, sir, but one answer to the question. They will be the instruc tions of a majority of the General Assem bly, but clearly not of the whole people, and therefore of no binding force upon our Senators. I trust I have made this point clear and beyond cavil. HAS THE QrESTION OF NEGRO SUFFRAGE BEEN FAIRLY IN ISSUE BEFORE THE PEOPLE OF THIS STATE My second proposition is that you can not instruct upon a question which was not a recognized principle in the general platform of the party in the ascendency in the State, or which was made a distinct issue and approved of by the people at some preceding election. Will any Senator ' Republican or Dem ocrat, assert that the question of negro , suffrage in the District of Columbia, in the Southern States, or in any Stateef the Union ever entered into the platform ' of the Republican party, framed at Balti more in 1664, or into the one made in this State last August, under the guidance and direction of Mr. Cessna, the chairman of the State committee of that party ? On the contrary, sir, when the charge was made that a forced construction of that kind might attach to the Cessna plat form of 1865, it, was indignantly and offi cially denied by that gentleman. It was asserted vehemently, and with emphasis, by every Republican speaker everysthere in the State, so far as it came to my knowledge, that the Republicans as a par ty were opposed to the doctrine, and that they never would and never could be corn initted to any such policy. I will not speak for the Senator from Bradford (Mr. Landon,) nor the Senator from Erie (Mr. Lowry.) I know how far they are in ad vance of those who usually act with them, and how likely they are to tell the truth when others dissemble. I will not aver what they might have said, but I as.. sert that elsewhere—everywhere in this broad State—it was denied to be an is sue; and I •challenge you now, my Re publican friends, to say, if you bad dared to make that issue, where you would have been.? (Applause.) You would have been where the people of this State will consign you, after you have voted for these resolutions. THE DISTRICT OF COLUMBIA AND THE DUTY OP CONGRESS TO LEGISLATE IN ACCOR DANCE WITH THE VIEWS, WISHES AND INTERESTS OP THE PEOPLE OP THAT DISTRICT. . I have thus demonstrated that the res- MONTROSE, PA., TUESDAY, MARCH 20, 1866. olutions, if passed, will not represent the will of a majority of the whole people of the State ; that they are not upon a ques tion embraced in the general platform of the dominant party, or arising from an issue involved in the late election in this State. I shall now proceed to discuss the subject matter of the resolution which is to instruct our Senators to vote for the bill before Congress, enfranchising the ne gro in.the District of Columbia,and thank ing and commending the Republican members of Congress from Pennsylvania for having advocated and voted lot the bill when before that body. In 1788-89 the States of Maryland and Virginia ceded certain portions of their territory for the purposes of a seat of gov ernment for the United States, and by the Bth article, sec. 1 of the ConOitution . of the United States, absolute atithgrity' over that district was conferred npoii the Congress of the United States. Elio aat intend to dispute this fact, on thetiimit.ra tk4 ry, I admit it in its fullest, broa es't, , and most unequivocal signification. ongress was given absolute, unqualified, a d (if I may use the expression) eternal con trol of that district. But, sir, will the Senator from Bradford, will any Senator who intends voting for these resolutions, pretend to say when that clause was put into the Constitution of the United States it was ever supposed by those who fram ed it, that the day would come when Con gress would dare to legislate on any sub ject, against the views, and wishes, and interests of the people of that district ? Was it not, on the contrary, the only re cognized doctrine, that the representa tives of the people were ever to respect and obey their views, wishes and inter ests ? Did not that priuciple enter—lay at the very foundations of our Govern ment? Was it not implanted so deep down in the hearts of those who made the Constitution, that it could never have been supposed by them that evil hours like the present might come upon our country? No, sir; they were too jeal ous of the rights of men, ever to have con ferred a power thus unlimited and illim itable, over their brethren and posterity, who were to ;nhabit that district, bad they supposed that it would ever be ex ercised against their views, their wishes and their interests. Let who will attempt to deny this proposition; let who may de ride it. I tell him that our past history will prove it ; every principle that entered into the formation of our Government, will establish it. Those who framed the Constitution. had waged a seven years' war, to enable them and their posterity to maintain this doctrine, and enforce it, and they, would have been the last men on earth to have committed any portion of their fellow-citizens to the tender mer cies of a law-making power, in which their views, wishes and interests were not to be respected and obeyed, And, sir, that body to which this supreme jurisdic tion .was given, was ever in contempla tion of those who conferred it, to legis late in accordance with the demands and wishes of the people of the district. They allowed that people no representative ; they deprived them of a vote upon na tional affairs; a territory anomalous in condition was created, without represen tation, yet subject to taxation. But, sir, the States of Virginia and Maryland, which ceded the territory, and those who made the supreme law, which gave Con gress the exclusive and absolute control over it, did so because they conceived that they were confiding that power to a body which, at no lime, and under no circumstances would violate those ftmda mental principles, which, so long as one Government was administered with jus tice, were to govern the action of every legislative body in the land. THE DITTY OF CONGRESS IS TO LEGISLATE IN ACGORDANCE WTITI THE VIEWS AND This being adnlitted, how does the fact as to the views, wishes and interests of that District stand ? This could best be determined by a vote, of that people. It was taken, and the Senator (Mr. Landon) well knows the result. Nearly seven thousand against and but sixty odd in fa vor of the proposition. Seven thousand white men have deliberately said, "We wish no admixture of races; we wish to meet no man here, on either political or social equality, other than those whom, under our time-honored usages, we have been accustomed to meet. It is against our views, our wishes, and we conceive against our best interests." And yet, sir, in defiance of this clear and explicit declaration, the Republican majority of the present Congress elected from States a large majority of whom have persistently and ever denied this " right," " this . privilege," as the Senator (Landon) calls it, to the colored citizens within their borders, have forced this measure upon them. It has been done, as is boldly proclaimed here and there,for the purpose of testing public sentiment, to know how far they may go without danger of being burled from power. It has been done as an " entering wedge"for the enfranchisement of negroes there and elsewhere throughout the laud. They have done that to the District of Colum bia which, as yet, they would not dare attempt in . their Stites. Yet, sir, negro suffrage is to be forced upon the District of Columbia by the votes of Congressmen,representing States which, saving Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and New York, do not permit negroes to vote. New York admits them on tt free- I bold qualification of two hundred and fifty dollars, so there the property votes, not the negro. I say, sir, that every Congressman who voted for this iniqUtty, save those from the States I have named, voted for that to which their own people will not sub mit. They did it too in flat opposition to the almost unanimous wish of the people of the District. Is this just ? Is it right? Is it fair? Will it be submitted to ? Will . not the hour come when the judgment entered against the views, the wishes and the interests of the people of the District of Columbia, by an irresponsible body, by a Congress organized and existing on such revolutionary principles, that doubts may well arise as to the legality of any of its acts? Will not the hour come when that judgment if it be concurred in by the Senate, will be reversed ? These, sir, are my views in regard to the ques tion so far it relates to the District of Co , lumbia. IS THE ELECTIVE FRANCHISE ONE OF THE . NATURAL RIGHTS OF MANKIND ? In order to reach the general principle, I proposed briefly to examine this doe- trine enunciated by the Senator from Bradford, (Mr. Landon,) that elective franchise is one of the natural rights of mankind. It is true the Senator did not enunciate it in specific terms. His argu ment was general in its character, but I drew the conclusion that he claimed it to be a natural right. If lam wrong I beg to he corrected here, and now. Mr. Speaker, I have always considered, and, I believe, every writer on the sub ject, has hitherto adjudged that the natu ral rights of men are protection to life, to liberty, to reputation, to property. If the right. to Vote is one of the natural rights, it should be exercised by all man- , kind, without limitation as to age or sex, race or color, at all times, everywhere and under all circumstances; because all gov ernments profess, at least, to furnish pro tection to life, liberty, reputation and property. But, sir, has any Government any where, at any time, granted unlimi ted, unconditional suffrage ? To state the proposition is to show its absurdity, i 1 because it' it he a natural right it should be exercised by all men, of every age, by both sexes, and at all times. Has this ever been done ? 1 ask the Senator if it has ever been permitted any where? Is it not, on the contrary, a right which be longs to and . is vested in the whole body politic, whose exclusive right it is to de termine when, where and by whom it shall be exercised, and under what restrictions? It ig, therefore, not a natural right, but purely a conventional or political right, to be exercised by those only who are ad, judged worthy of it by the whole body o the people. THE HISTORY OF PENNSYLVANIA ON THE SUBJECT OF NEGRO SUFFRAGE. I have said, Mr. Speaker, that no gov ernment, in any age, or at any time, has granted this conventional or political right to all men of all ages, regardles of sex and color. The history of our own State is illustrative of the position I as sume. It is written in her Constitution that " in elections by the citizens, every white freeman of the age of twenty one years, having resided in this State one year, and in the election district where he offers to vote ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector." And further to illustrate my argument, and for the information of those who have failed to understand the reasons which lead to the adoption of the clause of our Constitution which I have just read, I propose, at this time, to cite the opinions of one of the ablest of our lawyers and statesmen, whose virtues, learning and el oquence Will obtain for him the admira tion of after times, in reference to the pol icy and necessity of inserting the word " white" in the first section of the third ar ticle. I refer to the Attorney General Mr. Meredith. He was a member of the convention which framed the existing Constitution of the Commonwealth. EXTRACTS PROM THE SPEECH OF HON. W. 31. MEREDITH, DELIVERED IN THE RE FORM CONVENTION OF 1838 ON THE SUB- On the 17th of January, 1838, the con vention resumed the consideration of the report of the committee to whom was re ferred the third article of the Constitu tion. Mr. Martin, of Philadelphia, moved to further amend the first section of the article by inserting the word " white" be fore the Word " freeman." The motion led to aprolonged and able debate; in which Mr. Meredith said : "The right of suffrage ought to be the privilege of white citizens alone. And where is the injustice? Theblacks came here fugitives from slavery, reeking from the chains of personal bondage. Is it not enough that they are protected by our laws ? Are we bound to do more for them than for the English and German emigrants who come into our State and from whom we ourselves have descended remotely and proximately ? How is it with these emigrants ? Is the right of suffrage bestowed upon them without a servitude of seven years, and the process of naturalization after oaths have been filed ? Viewing the question as a states man and not as connected with any themes of the equality of the human race—what have we to require of slaves who come here as fugitives from bondage? Noth ing. Every citizen of the State of one year's residence, wl.o has paid his tax, is entitled to vote. While the Englishman, the German and the Frenchman, who come into the State, must serve seven years before they can be permitted to I vote. "He did not think the argument sound which required us then to open the polls to all these blacks. He shuddered at the consequence of throwing open our polls to all who might come here to exercise the right of suffrage. He thought it wiser not to incur the risk of having our insti tutions controlled by a race to which we do not belong. No one denies the pos sesssion of intellect and virtue to the blacks; but I require more than this— while we resist all association with them in private life, and repel the idea of inter marriage with the race and amalgamation with them—to induce me to give Them the right of suffrage and to run the risk, how ever remote it may be, of having the gov ernment of this State in the bands of the African race—that they should exercise control over its administration. " He was entirely at a loss to perceive how they could reconcile the idea of the two parties going to the polls together for the purpose of depositing their votes in the same ballot boxes. HP knew cer tain parts of Pennsylvania, in which such an attempt could not possibly be made without bloodshed. "He knew of no principles of religion; he knew of no'principles of humanity; he knew of no principles of civil freedom which made it imperative upon this cody to adopt such a course, which must even tually lead to such results, as he had de scribed. " If we viewed this as a political ques tion, and as a political right, he thought that it would be apparent that it became our duty to give the elective franchise to those only who could enjoy it, and thro' the medium of whom the peace and pros perity of society would be promoted. "It is enough surely that when these races are brought to the shores of the United States and placedin bondage, that we restore them to the condition of men and confer on them the blessings of liber ty. We are not bound to give him po litical rights, which may enable them at some future day to wrest the government' from the hands of the descendants of those who founded it. His course, there fore, was influenced by consideration con nected with the safety and prosperity of the Commonwealth. The question ought to be considered under such views and not in reference to any wild notions of humanity. What would be the conse quences of all these slaves being permit ted to run here and vote ? What would be the state of feeding which it would be calculated to give rise to between them and the white citizens, whose privileges would thus be trenched on ? The inevi table result would be that the blacks must go the wall, as the weaker party; and this would bring about a condition of things fruitful of evils, similar to that which ex ists in the Southern States, where parties would be divided, not according to politi cal views, or anv of the great principles of government; but solely and exclusively with referenCe to color." Mr. Meredith pursued the same line of argument and of thought through the prolonged and able debate. He made the closing argument in favor of the amend ment proposed by Mr. Martin to insert the word "white, and upon the test vote his name will be found among the "ayes" —there being 77 in its favor to 45 against it, as will appear by reference to the de- 1 bates of the Convention, vol. x, p. 100. Ido not know, sir, that Mr. Meredith has changed in opinion on this question from that day to this. I can only say that no man can add strength to the ar gument he then made. I commend it to the dispassionate judgment of those Sen ators who have alwas professed to enter tain `sit great confidence in his opinions, legal, political and moral. I trust it will viable them to understand the reasons' which actuated him as a Pennsylvanian and a patriot in the Convention in 1838, and if they agree with him that it would be prejudicial to our highest interests to permit the sparse negro population of this- Commonwealth to enjoy the elective fran i chile, they will not instruct our Senators to force it upon a people where the blacks will surely control the elections. Let them observe the golden rule—" Do unto others as you would have them do unto you." TEE OPISIONS'OF JUDGE norrcro ON THE SUBJECT. Another distinguished member of that convention, one renowned his ability as ajudge, and one who added all the graces of a high literary culture to hie character as a man, was the late Judge i VOLUME XXIII, NUMBER 12. Joseph Hopkinson, of Philadelphia; he who wrote one of our national bymns-- " Hail Columbia;" he, too, has left on rec ord the reasons why he voted with, Mr. Meredith in favor of inserting the, word " white" in our Constitution. If pomade he stated his views in stronger and more emphatic utterances than did Mr. Mere dith. By reference to vol. x. pages 94-95 of the convention, it.will appear that— " Mr. Hopkinkin reminded the conven tion that his argument had been and now is, that in the actual relations now subsis ting between the white and black popula tion of this Commonwealth—which is not likely to be changed, for nobody here, even the most zealous advocates for equal ity, has proposed or anticipated ordesired any such change—it will be unwise, it will be dangerous to us and to them to admit them to political rights on an equality with ourselves; and what is s the difficulty? what the objection? It is here—that while you exclude them, as you actually do, and as you mean to continue to do, from any approach to a social equality, you cannot wisely or safely confer upon them political rights. Has any attempt been made to meet this view of the case? to answer this argument ? He had heard none." And I, to day, have heard of none. I have not heard the Senator from Brad ford, (Mr. Landon;) certainly I have not heard the Senator from Indiana, (Mr. White,) say that while he would grant theta political rights he would raise them to his own social level. They have not been bold and daring enough to do that ; they have not dared . so grossly to insult an instinct which is felt by every man. But if you do the one, you must do the other as an inevitable consequence. Mer edith said so; Hopkinson said so ; every man of judgment and of foresight who has argued upon this question, says, that if you grant them the political privilege you must grant -them social equality. Because, sir, if you give them the right to vote, you give them the right to be voted for; and if you give them the right to be voted for, you put them in position here, in position there, and in position all over this Commonwealth—in your jury boxes and upon your judicial bench. Are Senators prepared for that ? Will they take the consequences of a position of that kind ? I refer them for my authority that this must be the consequence, to two gen tleman—one still living, the other dead— as highly honored as any two men whose names have ever glued the annals of Pennsylvania. Now, that I have not misquoted Judge Hopkinson, I will read further from his remarks : " Has any gentleman on this floor, the boldest and warmest advocate for negro equality and suffrage, gone so far as to say—to insinuate that be is willing to ex tend to the blacks his social equality and rights; to receive him in his family or at, his table, on the same footing and terms with his white friends and acquaintances; allow them to marry with bis children, male and female ? Will he allow them to marry his daughter ? (Applause.] The Speaker. There must be better order in the Senate. . Mr. Clymer. " Will he allow them to marry his children, male and female ? Not a word of the kind." Yet I tell you Mr. Speaker, that • every Senator who votes for this doctrine avows that he is waiting for its practical accomplishment in Southern States and in Northern States and here in this good old home of ours— I say to every such man if you do it you must come to that. Are you ready for it? Now, sir, lam not actuated by any un due prejudices against this race. I do notintend to stand here as their opponent or in the attitude of an oppressor, I will give the negro all the natural rights to which he is entitled ; I will protect. him in life, liberty, property and reputation; but so help me God I ho shall never, with my consent, help me and mine rule this State. And Ido not believe the people elsewhere will ever come up to the fanat ical idea to which they must come up if they grant him political rights, and that is, that the negro is their social equal. Yon cannot 'do that without elevating him to our standard or degrading us to his level. Are yon prepared for that,!_ I ask the Senator from Bradford and de Senator from Indiana, I ask Senators here to look in the face the fall consequences of their vote to day and to say whether they are prepared for the consequences of any such doctrine as that. Judge Hopkinson further says: " How then would his political pOwer be used ? Certainly to extend its influ ence; certainly's° avenge the affont Which meets him at the front door of every house where he might present himself. If he votes, he will expect and demand to be voted for; he wilLclaun the right, and who can gainsay it, to. a competition for every office in the Commonwealth, execu tive, legislative and judieiali and although their own strength, amounting to twelve or fifteen thousand votes, may, not of it self be able to obtain suchplicesfor them, yet,in the -conflict of parses -Poi equally balanced as they sometimes are,,and the recklesi eageniegi_oilen displayed for, t?, l 7s.their votis maY b e: nl9re OePSuffi meat to tutu the scale, and they may be obtained by compromises 'la bargains
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