A. J. GERRITSON, Publisher.} 18ir3•e6c311 ,7 HON. EDGAR COWAN, OF PA., IN THE U. 8. SENATE, JUNE 6, 1866 The Senate, - as in Committee of the Whole, having under consideration the joint resolution•(l3. R. No. 127) propos ing an amendment to the Constitution of the United States— Mr. COWAN said : Mr. President : I have a word to say. lam not exactly in the category of my honorable friend from Ohio. I do not wear the - harness 6frcaudaS on this occas ion, or indeed upon any other. lam op posed to any alteration of the Constitu tion in this point, because to me that is vital. But lam going to vote for the proposition , i3f the Senator from Wiscon sin because I think it better than the orig inal proposition and not worse. It does seem to me there are extraor dinary notions of- political power here, what constitutes it, where it is vested, and how it is wielded. What conceiva ble difference can it make to a citizen of Pennsylvania as to how Ohio distributes her political power ? What conceivable interest has the honorable Senator from Ohio, or a Senator from any other State, to say to us whom we shall allow to vote and whom we shall net allow P 'They do not pretend that they have a right to say to us whom we shall elect and whom we shall not elect; and is not the electorjust as much the choice o the community as an officer is the clinic of it, except that the electors are chose by a class and de scribed by a general designaticn, where as the officer is chosen by name to per form certain functions. Mr. President, to touch, to venture np.: on that ground is to revolutionize the whole frame and texture of the.system of our Government; to turn it over ; to vio late our own canons. What is the guar antee of the United Stmes,to the-several States' is.that theyshall have a re publican form of government. Now we are told that a Reppblic,an .form of gov ernment is' this, that, and the other. One man says it is " universal suffrag e ;" ano ther says it is " universal ma nhood suf frage," sit -, as to throw . ottt the- ladies ; another says it is "Ilniversal white Sur; trage," ana so on. Who :can agree as to what a republican form of government is? If gentlemen had read the original text and the approved commentaries thereon they would have found that the guaran tee was such a form of government as the Slate itself should make. The State is the judge of the republican form of gov ernment, and not the citizens of the other States. Then, if a State has the right to form i'.,s own government,. and that is the re publican - form, by what right can one of the other States, or two - of them, or ten of them, or three fourths of them, if yon please, venture to introduce into the State a power from without in order to control its distribution of political power ? If the effect of any such extra action upon a State w0314,J e 1,0 deprive...it of.. portion of its weight in-the l:Tninit; that is a vio latiep of the original corn pact is a, vio lation:of the very itistrament upoii which the. Unionwas foimed; it is putting' the torch to the very .fabric you wish to, pre serve; it is putting a mine under the ve ry builditig,yott wish to secure. Are you to pre:serv,e - these Btates if you are to regulate the weightfiereafter ,-they are to have in the Union ? Can half a dozen, or a dOzen, or two dozen of these States undertake to shear of their politi cal power the other States ? Can yon vi olate your own guarantee ? When yon say that, nobody .else shall :deprive these States of the right, of making their own government and distributing their own power as they please, can you do it? Can the guarantor himself with impunity vio late his own guarantee ? _ Mr. President“ had intended to make somemore extended tlemarkscinAllistoil-, ie; and `am on theiloor "titiw I May just as well say at this time what I have to say on the general subject. It is per fectly clear,-I - should thiuk,,to.- all wise people that the basis - of repreientation,or the measure of political power and that which adjusts it among the States,should beluamptbing fixed; • certainoletermined: You cannot make a flexible standard.— Yodiaitnot •make a standard that is 83 inches to day, and 38, to-morrow, and the next day 40. You cannot allow a State to open and"ahnt •her valves and admit power or expel it at wilL You propose to say_not. do- R.,yvin things she not 'belie but a certain amount of power. Suppose she wants power: - ''She is' made- the -- arbiter of the power she shall, have in the,U,nion. Sup pose she chtiielei-to exolude what then ? Here we have a constantly shift ing panorama 'upon 'Aloft '4lO-ntit see hew it, is possible that an apportionment. bill earl 6o framed. however,. is 'certain, fixed, determinate; a thing to be counted every ten years,aud a thing to be eneouragedrhecanse4 you. make pop ulation the I:Cali - is - Of representation then you encourage population; but if 'yeti make voting the basis, or if you make that the measure, then you encourage the degradation of-the franchise. I am willing, on the part of my own State,: that she shall be the guardian of the franchise within her limits. The peo ple of our State are to be the judges of the persons in our society who are fit and proper to cast our ballots ; and we are perfectly willing that all other States shall enjoy that privilege, because we be lieve that it is an inherent And essential privilege in every State. But what will be the result to us of the proposition before the Senate ? We have in Pennsylvania about one hundred Onus- and negroes, and we have a Representa tive in Congress based upon them. What is to be the operation of this amendment? Just •this ; your whip is held over Penn sylvania, and you say to her that she must either allow her negroes to vote or have one member of Congress less. This is it; and it comes with very bad grace from a parcel of people who have no negroes among them; and that I. think is the worst feature in this business from one end of it to the other. Here are a parcel of States which have DO negro population, and they are exceed ingly anxious that the people who have them should let them vote. What is that their business ? We have never known that they invited them that they might get votes. The negro is now as free to go to Massachusetts or to any other State where he is allowed to vote as he is to stay in Pennsylvania or anywhere else.— If he insists upon this privilege, be has the same right to go-after it that I have, or that any other man has, and he can go and get it. If I do not like the laws of Pennsylva nia and they do not suit me, and I have not power and influence in the State to mold them to suit my particular desire, I can go to another State and another until I suit myself. But why people who are not interested in this thing, who have ev erything to gain and nothing to lose by it, can expect to maintain the Union by insisting upon propositions of this kind I confess is more than I can See. This is not common jus ice in a com mon, -ordinary transaction ; and I do not know whether it would'be considered fair even in a horse trade. The advantage is all on, one side. It is like the Indian and the white man dividing the possum and the turkey. The white man said to the In dian, "Now you take the possum and I take the turkey, or if you do not like that, I will take the turkey and you take the possum." [Laughter.] " Why," said the Indian,." you have not said turkey to me once ;" and that is the way with this constitutional amendment. The States that have no negroes are to shear the States that have negroes of the political power they have according to the fundamental law, according to the ancient bargain . blade, and according to which the Union exists, and which is in flu the Union itself; that bargain which is bath ed in the blood of two hundred thousand American soldiers, for which we have sac tificed six or eight thousand million dol lars; that bargain now is to be amended in its essentials, and to be amended for the benefit of one section of the Union who have everything to gain by it and nothing to lose, and to the prejudice of , the residue. Mr. President, will the man who knows the value of this Union to these States, the man who loves it, who reveres it, and who believes that it will make this coun try the greatest republic on earth—will be be guilty of unfairness ? And, sir, whatia worso about it all, those Scats which are to suffer most, and the States within which it is to operate most hardly, are not beard ; they are not, allowed to come upon this floor and argue their case although this is a tree country with a rep sentative form of government, and as I supposed, a republican form. 'Mr. President, I consider this-attempt as dangerous to the peace of the Union as the original doctrine of secession. Do gentlemen suppose that the people of the States affected will submit to this ? Let me remind gentlemen of another thing. The Republican party existed over half the Union. It existed as a party north of Mason and Dixon's line. ,It was a minor ity party. When Dir. r. Lincoln was elect ed in 1860 there was a majority on the popular vote- of more than nine hundred and thirty thousand against him. He was elected tinder the forms of the Con stitution, and was really and lawfully the President of the United States; but un der the workings of 'the Constitution it did so happen that there was that majori ty against him. In the States north of Mason and Dixon's line the majority for Mr. Lincoln, at the last, presidential elec tion, was' about four hundred thousand, I believe:.l , At At: any rate nobody can deny that yeti nearly pa° halfuf thfi North be long to the' D6mocratiC Tarty. There, too, snppose, you`May Consider'that the people of the South now belong, because your destiniesare iii•theiribands. They will inevitably .sit in judgmenv upon you here in ads gbamber , . Thq will mete, ant', to" you, if - you are uarefulo,hi tiatM3 measure you try to mete o u t to thenk.4-' Now, I warn iny Sesatora that ;we cannot afford this With this forth of goir ernrnent,of oars.. jiad.'Wepot -better jtaed tipan-ilieVon siitutiOP WC it is;_where our fathera 'put . it that- COnstitution which we enforced: at MONTROSE, PA., TUESDAY, JULY 3, 1866. such cost ? Think of partners after a dif ficulty, one trying to compel, and to com pel under 'threats, the insertion of a new clause into the original articles of partner ship. But. can we compel it; and if we cannot compel it, what then ? You know what it cost us to compel obedience to the Constitution as it is. You cannot compel obedience to the Constitution as it. is not. You could compel obedience to a Constitution that was the law of the land, but you cannot compel obedience to a Constitution that is not the law of the land. Mr. President, I am for dealing fairly. In the first place, as I have said before on this floor, I trust the American people ev eiywhere. Why ? I trust theta because they are the foundation on which this structure is built, ; and to say that they are to be punished into the proper shape or driven into the proper shape is to say that the whole rests upon a quicksand-- rests upon a foundation which is distrust ed, which begins to show cracks in the walls already if these things be true. I trust the people North. I trust the peo ple South. I trust the people of all par ties. Why not? Why is it that the South will sustain the Union now ? Be cause it is her interest to sustain it. Why is it that we sustain it? Is it because we arrogate to ourselves superior virtue ? Has the grace of God been more liberally bestowed on us than on our brethren ? Is that the pretense? We may be wiser, but surely I think nobody can say of the people or any part of the people that we are more honest. Trusting the people, then, the people must be trusted everywhere, and what we do especially must he fair. It is a characteristic of our race, and one which has marked it for long ages, that there must be fair play. No man of our race will interfere even in his brother's quar rel in a fair contest. We must play fair. What have we been playing fur? We have been playing fbr the Union and the Constitution. What is the attempt now after we have won ? It is to say that we will have neither except upon terms.— Terms with whom ? Terms with the ve ry men we have been struggling with for years in order to compel them to assent to our terms—the Constitution and the Union. say again that we mast be fair. We must allow the States the rights which they reserved to themselves when they made this compact, and especially must we allow to them the essential rights, the rights that underlie the whole fabric,that are the basis of the whole structuee, the first of whiCh is the right to regulate their own domestic concerns. Have we forgotton our own platform ? I Let gentlemen who talk about party fidel- ' ity recur to the platform of Chicago in 1860; recur if you pleaSe to your Balti more platform of 1864 ; and then you will see Who are faithful to the original doc trines of the party and who are not.— Shall we undertake to say that we will regulate the ballot all over the United States, remodel the whole affair, redistri bute the political power, and we do this right in the face of our own law ? Who passed theaet' of the 4th of March 1862 ? Who voted for it in this chamber and in the other ? Nobody gainsaid it ; nobody thought of gainsaying it. And yet that law in force to-day is violated, trampled under foot and disregarded. By whom ? •By us. We who fought for the Constitution and the law ; we who pro: clainied ourselves those who would see it enforced at all hazards violate it ; we, in the face of onr own law, to-day refuse to hear the people we'are legislating for up on our floors. , That law gives to the Southern States, eleven of them, I believe fifty-eight mem bers, and they have not one, and you have not the poor apology that is stuck into this amendment to the Constitution here, OM. these members- engaged in re bellion, beeanse the fact is that a great many of them did not ; a great many of 1 them engaged to suppress it ; some of them shed thoir blood in that attempt, and some of them struggled through all manner of difficulties to be true and faith full and yet they are excluded; they are not allowed to say a word here for their fellow citizens. And this is fair ! This t is the way to deal with a partner ! This is the way to deal with men with whom you expect to live in peace and unity coming centuries ! , What is it all about? Where is the difficulty about it? Are they strOnger. than you-? Are you afraid in the other house, with one hundred and eighty-three members now, that you cannot manage fifty-eight ? Are we , afraid here with fifty Senators that we cannot manage twenty-two. Mr. Presidnt, the disguise which cov. era this proposition is too transparent, Asj I said before, the Republicap i party,was minority party. Its policy immediately upon attaining to power was to make it- , self a national party ; was to throw out its lines and set its stakes in every lam- . ter of the Union. Let, it. penetrate IMO every hamlet from Maine, to (korgia,from North Carolina to California. Let a net win*" ot both partiekrainify,eVerywhere, spread ',over the, country, and thee, you may have A :Union ; and l'inay remark that, the binding efrteacy, the cement of th e tie lartica jp s ti3rwcien like a t net work all over tlietOnntry, will contribute a hundred times more to keep it together than any other device, or even the Con stitution itself. When this was violated what was the consequence? Wben there ceased to• be two parties all over the length and breadth of it, what had yon thee ? Rebellion ; and rebellion will follow it inevitably, not only now, but in all time to come. Strike a line north of Permsylvania,and elect a President against the will of every body north of the north line of Pennsyl vania, or, in other words, go into an elec tion and beat every man north of that line, and a rebellion is inevitable. You have the same difficulty that we encoun tered in 1860. The election of Mr. Lincoln beat every man south of Mason and Dixon's line, or nearly so. All parties and all factions were opposed to him. All had pledged themselves against him, and after the campaign waxed hot nod the blood boil'd they had pledged themselves to resist ; they were bound before the crisis came, and how could they prevent it? Thous ands no doubt regretted it, but their lips were sealed. Thousands were unwilling to act, but still, under the influence of this mortification, they did act. It is a mor tification, you observe, that reaches ev erybody ; it reaches men, women, and children ; it goes everywhete, and howev er trifling it may appear to a wise man and a cool man, yet it affects the people, and affects them in a most tender and vi tal point, and they resent it. I say again that if under the same circumstances a candidate was to be elected who-would beat all New England and New York, they would not submit, in my judgment. Then I say it was the business of the Republican party to extend itself upon sonic common platform, not the platform of fairness exactly in the distribution of political power, because the Constitution was not based upon fairness in that res pect. There was nothing fair in the pro ' vision that Rhode Island and Delaware should each have two Senators, and Penn sylvania and New. York each only two. It was net built upon the principle of equality originally. Still we ought to stand upon it and maintain it ; and in or der to do that there should have been no going away from the original doctrine.— W 6 should have stood upon it and strict ly and literally enforced it, and we should have had a right to enforce it, and could have enforced it in the face of the civil ized world and bad the civilized world with us. But that opportunity was neglected ; the Republican party did not do that ; and then it was driven to the miserable shift of either taking to itself as allies the negroes of the South, or what ? Depriv ing the South of the political power, which she enjoyed by virtue of the negroes. Do you think the world does not understand this? Do you think the people do not understand why this is ? Do you think you can delude the people with the idea this is honest on our part ; that i it is fair on our part, and that, it is what we really mean ? I tell gentlemen Wiley think so they are mistaken. The people understand this exactly. Do you believe the people want, the mass of the Republican party want, such allies as those in the South ? Do you believe they want to rely upon the aid they can get from negro suffrage in the South to hold the balance of power in this Republic? Go to Pennsylvania, go to Illinois and ask them. When Pennsylvania, with her hundred thousand negroes, refuses them suffrage, Wby is it? And if she refuses to allow you to intermeddle With it, why is it ? Do you pretend that you are improving the suffrage, do you pretend that you are making the institutions of the country more secure when you insist upon this? Who does so in the face of the civilized world ? Are you bringing to the councils of the country more wisdom, more inde pendence, more virtue? Nobody pretends it. Do you allow negroes to vote your selves? You allow it partially in Ngw York—a kind of emasculated suffrage there ; you allow it partially in Massa cbusetts ; absolutely nowhere ; and yet you stand here and crack your whip over , the heads of the Southern States which have millions ofnegroes in them, and you say they must let theirs vote when you will not let yours. Mr. WILSON. They have the right of voting, absolutely, in Massachusetts. Mr. Coivmr. " Absolutely" if•they can read the Constitution. Mr. WILSON, The same as white men. Mr. COWAN. Then it is not absolute even for a white man. That is the liber alityof the reformers of the present 'age. After all this talk-of. political power and how it ought to be divided among men, how every man great and small, wise and foolish, should have his share of it, a poor devil who cannot write has none at all in Massachusetts. The honorable Senator frotp Ohio ought to have been reminded of that; , Mr.. AnnoNy. Colored men in our State, vote on the same terms with white people. Mr. p r i F ,, * . Exactly. Yon put your restraints net, only upon , negroes, but, pp on whites ; but where itk the xestraint tO be put-on the ir oPle:down South ? • Xtatt, do not put any limitation there. , yop, do not say to them, "if you let the literary negroes vote you may have all represent e I." Mr. MORRILL. Suffrage is absolute in my State—unlimited I may say. • Mr. COWAN. I congratulate the honor able Senator upon it; and now all I wish is that he would go down to the Freed men's Bureau—l believe the transporta tion is free—and ship up a hundred thou sand negroes to Maine ; I have no doubt they would be well treated. Then these philanthropic people would have an op portunity to exercise their skill. They would have an opportunity there to edu cate them and develop them, and they would see after a while exactly what they could get out of them. If that were done, I could understand the philosophy of a movement like this. I believe I should agree to almost any new proposition if sufficient evidence was given to me that the people who urged it were honest in their designs, and had not some covert advantage which they ex pected lurking behind it. If Massachu setts had as many negroes as South Car olina, I could well understand her advo cacy of this as being from the purest, mo tives; but when I find her saying " You take the possum and I will take the tur- I key, or I will take the turkey and you take the possum," I do not understand that kind of talk to be fair. And, Mi. President, I am opposed on principle to meddling with this matter. I am opposed to it on the ground that to me it looks to be unjust, unfair, taking an unfair advantage of people at an improp er time. Is this a time to amend the Constitu- tion ? I ask honorable Senators if in their opinion this is a time when the Constitu tion can be amended well and properly, because, as I understand it, if we are to amend the Constitution, we must amend it. in such a way as to be satisfactory to the people everywhere; not merely to the people of Massachusetts or Michigan, but to the people of Georgia and Louisiana— to the people of all the States. Does any man want an amendment to theConstitu- Lion forced through here under circum stances of this kind, against people who are unable to resist, against people whom you will not hear, and in the face of a nu merical majority in the country against you ? Do you suppose that is going to be beneficial ? I ask in all sober earnest ness, is there anybody who supposes that that will be for the benefit of the country? Again, suppose you pass this amend ment to the Constitution, and suppose the southern States either for the pur pose of getting themselves into line with you or for the purpose of increasing their political power under it, should admit the negro to the franchise, will your children and your homes, and your governments be the more secure for that ? What is the difficulty under which you labor to day P Is it that you have not voters en ough ? Is it that the food upon which the demagogue fattens has grown scarce and he has grown thin ? Or is it the re verse P Is it not because demagoguism is rife everywhere; and is not demagogu ism rife just in proportion as you furnish it the material upon which to work ? Degrade your franchise, put it down in the hands of men who have no intelli gence, no virtue, and, what is worst of all, no independence—put it into the hands of men who have nothing to hope from it except so far as they can use it for cor rupt purposes, and shall we be safer, then, I ask ? Do you suppose that the people of the States in which there are negroes will send you more intelligent, more learn ed, more virtuous, and more independent Senators and Representatives here if you make this change than they would with out ? Mr. Wilson. They will send more loy al men. Cowan.Mr. '" Loyal." What is "loy al ?" I ask Massachusetts what is "loy al ?" What is the meaning of the word? A fellow that votes with you 1 That is like the chap defining " orthodox"—"or thodox is the way I believe; heterodox Is isithe way the other man believes." "Loy al" means an abolitionist, I suppose. At least I find that everybody who does not happen to be an abolitionist or tarred with that stick, is said to be disloyal. Loyalty, Mr. President, is a very simple word. Loyalty means obedience to the laws. It means legality. Legalis meant law as well sales meant it. When a man alleges his loyalty to me, let me see his reverence for the Constitution and the laws. Show me a man who disregards either; show me a man who does not be lieve in the Constitution whit brought this country to such a pitch of prosperity for seventy five. years and made us so great and so happy a people; show me a man that lays sacrilegious hands upon that instrument, especially when I know that half the time he does not understand it and that he.never read a commentary upon it in his life; show me that man, and I show you one who is-not •loyal. Show . me a man ivho foratemporary advantage, either for , himself or his party, would set, a foot upon one of his country's laws,. and ho is not, loyal. ' . • It is time 'we were beginning . to udder stand tho meaning of words ni,tbis coun try. It is time, now that the wai• is over, when passion has sal:m*4l, and wium Fes son ought to come and resume her throne, that we ourselves should be rea- I VOLUME XXIII, NUMBER 27. sonable. Let ns look 'at this in the light of the past; let us look at it calmly and coolly as we survey it in bygone thou sands of years, not. as it looks to the eye blood shot with passion, red with a„ rage that is hardly dying out. Let the lower . stock indulge in passion if it is to be in 7, dulged in; but here in this the highest fci- rum of the nation; here where, if - any; where, there should be justice and fair-' ness, and that broad view river the whole country which takes it all in arid whiCh considers all the people as the people, vir tuous, intelligent, independent enough to govern the country; let us here be rea sonatle, and especially let us know the meaning of our words. Mr. President, I have another objec tion to this measure, and that is to that section which imposes a punishment upon people who have not been heard and who have not been tried and who have not been convicted according to law. if there is one thing above every other thing ne cessary to the maintenance of personal liberty—l mean your liberty, my liberty,' and the liberty of every man, great and small, noble and ignoble—it is that no man shall be condemned until he is heard. Who could have dreamed that men edu cated as we 'have been, impregnated as we ought to be with the love of English literature, English law, and English his tory, could stand here for one moment and sanction a proposition of this kind, and particularly when we look back and see the consequences which fell upon them from their bills of attainder; and their bills of attainder were—well, I was going to say they were right compared to this, but that is not the word; they were not the one thousandth part as reprehensible 1 as this, because when they undertook to 1 inflict punishment through the medium of I the Legislature, they took the criminal and named him by name. ' they described ! him, so that be could be known; they did I not attempt to throw a drag net over the . I whole country and to sweep in thousands of people and ostracize them, or punish them, make them eternal enemies. Mr. President, if I wanted to sow the seeds of another rebellion, if I wanted to plant that fatal upas in this country, would do it by means of just such a clause as that which deprives all men of the right to hold office who ever took an oath to support the Constitution of the United States, and that without hearing them, without inquiring how they engaged in the rebellion, whether they were comman ded in by a superior authority that they . could not resist, whether they were forc ed in by actual physical force, whether they were deluded in, or how they got in. What, sir, punish such people I have no word that will convey my sense.of the impropriety and impolicy, to say no worse, of such a provision as that. When I reflect upon the conduct of this Government toward those men at the very time it should have been on the ground to rescue them, I am more and more astonished at our own folly in utter ing a word upon such a subject: They owed allegiance to this Government. Did it owe them nothing ? It, owed them protection. Did it protect them ? What did it do ? Many of the Senators within, the sound of my voice know that on the 4th day of March, 1861,.when we came here, the United States, the great protee tor of the people, the sovereign authority of the land, that to which they all looked, and had a right to look, to preserve them their freedom of opinion at least upon sub jects of this kind—that Government waS' that day ignominiously out of posseision of seven States of the Union; had its feet on but two points in those States, lieve, Pickena and Sumner. 'nose' were' the only two points in 'the . seven States' that were held; and held how -2 'So far: from being' able to protect the people,. those places were scarcely able to protect themselves, and Sumter certainly was, not. Did we go to the rescue ? Did the Government go add fulfill its part.of the contract ? Did it give themproteCticin ? History answers. No, sir, they were al lowed to be driven into that vortex of re bellion, nobody to stand between them; and the current that was sweeping every.,. thing with it. They were in, and now t , because they were in and because•t,hey were in on account of the neglect of, this. Government to give them the , protection;. they deserved, they urn to be punished., It is time we looked at it. - Why sluing , we not look at it ? Are we afraid to look it in the face? Are we afraid too right? Can we not now " be just and . fear not ?" Mr. President, let me suppose a.case. • An old man lives in the, South, and old Whig if you please, struggling for the last thirty years against secession,,fig.ht ing it in all its Shapes from nullification down, voting for Bell "aud Everett, if yon please, in 1869, or voting for Mr. Douglas,. , because I suppose that, everybody admits that those who thou voted for- those men were not disuniOnists, were not secessiod-• ists. ..• That old man sits there Surrounded his family and surrounded by , . slaves that were born beside hinl;lliiltes' ,perhaps that his Own mother ntirtiO•when' , she nursed ;him; slaves' thtit 'l6vedr' slavesthat he waslind to; and - illift.ei that to day would go- to him - fort 'a • faimir-inr haps far sooner than to . 11iiyliodr , else.. There he is, surrounded by - his' sons iital his daughters. In December,: 1860, a '