MM8 OE THE . - " ' - m - - - - - ; - -- , - ,- - - " ' nor -rrY - J.UQSY & H.ELCR. Tubllslicrs. TrntH tnd Rl;ht -Cd and tor tonatrj. Two Dollars per An oca la Advance. , r : : BLOOMS BUiVg. COLUMBIA CO-, PA., WEDNESDAY, MARCH 21, 1866. L NO 4. ivew series: 31.. XXX- j OLD SCUICS i r ) 1 : J ! t THE ; ' j i : DEM06RAT 'AM) S i Ah, ( bloomskuui;, coi.umi.ia county, fa., ey J ACOBYi&i I KELER. ! TEKM3, $2 00 in advnnri?. If not piiid till the - v ofllm ymr. SO rent udditionat will be rharcd. . fT Nopaner rii-cniitiiiuud until all arrearags- i Of paid except at I he oi.ion f the editor RITES IF ADVEUT1S1 G. On qli' ie or lhrf? inwrtjonsi Ifery nuOt'u( lit iiist.Ttinn aa than 13.'. tack.. - JV- 2l- - 3m- ' ' tM' . SI 50 , . It. One .fnare, Two iquarcf, Three V - four aquaron, Ulalf roluiuu,. ' t 0e column, - I C 00 I I 'J.OO I 10 10 H.liO l-'.IK) 20 00 t',M) I t.0t I 18 Oil 341, 00 :to.io 50 00 f Etcrutor'ir ad . AdiniuUtrntor'a Notice. ... Auditor' Notice , 3.(MI ith-r aiiGrtiPinpnts iujertcil accordine to uecia i-l (ontra't. Itii-iDeK notices, withoct adveniioment, twenty. ient per line.. ' ' - rranient ad verli--menta payable in adxnnte, altl othara due alter the fir-l insertion. ' -T Al(lre.-' - J ACUBV & IKELER. -r tnonoitpurg. ColuniBit County, H- SPEECH OF nox. c. i:. iivrcKALCtv, OP PENNs YLV VANIA. ;Ia the Senate of lhe L'nitrd States, Ftbrnary t . . 21st 16C. Continued from lust twits paper. Me. Preaidcnt, I do not dislike or c aiaelS'ew KngUnd. 't am conVJ-t to acknowledge lur tucti s, deal justlj by her people, and even to overlook in eome degree what I conceive to be ber errors ot opinion and extravagancies of 'conduct. The , man q! ,the l.ast is in dtstrious, enterprising .and. thrifty ; his Ingenuity is remarkable, and his achievc aents in tlie purauiis. of private life and in public employments constiuto a prom inent part of the national history. Ho has reclaimed the forcst and the . prairie to Jie uses of man; has been aciive in tdneational improvement and in estab lishing a literature which, however de fective, - gives promise of futire exed Itnce, Ho has been a producer of wealth, and his activity has been a great cle ment of national force and of national proreis. And he Jim won distinction ,'opoa the occaf as well as op in the land, not onlv in naval conflicts in the lata war, and still more in former wars, but also in the pursuit of peaceful commerce, lie carries- our flag over great seas, to di-tani i-I-hds,and to the uttermost parts of the earth. lie drop? the line as a taticLt G-Ltrman off the Newfoundland auk", or follows, with poised spear, the walrus atd the whala among the ice bergs of lhi xNorth. A hundred years go the enterprise and thrill of the New 'England mariner was celebrated by Ed taund Burke in language that will never ' die : " ;- Xo "aaa but what is fared ty their Cihnriea.' i t ' By lhe way sir, that excellent word fexed excellent in 'thj---connection in wbieh it is "Used I once thought was a cintillation cf the fine 'genius of Burko himself. I ihought so until. I remem bered that the great master before bim hdwrittctfaro.it ttki ei.-d Bermoot h-a." Sir, the aage is to be found in the Tempest. - i' ' Protesting, then, that I am not prompt ed by antipaihy or jealousy toward the ' laast, I ptocetd to mention the remedial ; measures which will remove the inrqua! ity complained of, or at least reduce it withm tolerable bounds. The 'first rem edy vill be what has already been sug- gttted, ths admission of Senators into ibt Ben ate from the eleven States of the South f 1 for , by increosing the whole ouaber of members in the Senate the existing inequality will sink in relative importance. Thocgh it will not disap pear, il will bo Iss potent and pernicious than at present. The second and more ! effectual remedy will be an amendment ; of the Constitution readjusting senatorial yipreitntation upon a more jut basis. Let it ba provided that States connin- (io j more' than 600 million And less than .three millions, two Senators; and States contaiaiog "more than three millions, three. Senators. - Th.3 arrangement will make representation in the Senate much more equal and' satisfactory than it now i,nd ought Cot to.meet with objection in any quaiter. It will make three elstves of States, each class having rep resentation somewhat in proportion to its dative importance in the Union, while the State basis for senatorial repreienta tioa, one of the best features of oar con stitutional system, will bo retained in complete integrity. 'Premising that I ihall recur to this point hereaftf r, I will now proceed tr the second division of my subject, the question of - ' - BSCONSTRUCriON. , I ci9 this term as including two points : rit, the 'reorganization of southern 'Stats governments ; and second, the ad mission of southern Senators and Repre sentatives into Congress. This last jpoipt involves one of the reraediss for eastern predominance- in the Senate, al ready montioned." ;. .'.':" I was one cf those who; thought the provisional governments set np in-the ScT-ih -under Mr.' Lincoln's :Adainistra ticTji were legitimate and proper.. .Bat I regarded them Jn a very different light Iron that in .which ; they -appeared to be "regarded, by jbim, Ha : sent provj sional governors t3.; several of th8- a6 uthern :ate3, at srhes- instance. a pqittcm of the r?r;l3 set local governments. , . He 0 sect Msjcr Hay to Florida upon, an ion cf rovernincni-makirg wiuc:i - f - y failed in ccnssqscnce of tha rilitary force which aecem- .- 3 CO 4 00 3 0 5otl K.ia 3,IH) ' " 00 e,:.o ti.lO 4 0 I0,i' ID 00 I.' (XI H 00 UioO lo.OO .ii.HU lho?e governments set up under his au- t .i .. -f.i.iL inoiiiv auu praicci oa auuuiu uu ruuu"- oizod as lawltil and valid governments r .i --. . ,t !". i .1.. ior loose oia.ci.iu au respects, ana inai the people who adhered to them, should, a a matter of coarse and ol ngut, be represented ia both Houses of Cungrcss and participate in presidential elections. VA doctrine so unreasonable, to mon atrous, could not pass unchallenged. It was resitted in Congress and resisted with success. On the 29;h of Jun, 18G4, Fallback and Baxter, claiming .eatsia Uus Senate as Senators from Arkansas, were rejected by a vota of 2? to G. d n the 8th day of February, lbG5, Congress by joint resolution determined that the electoral votes of Louisiana, Ar kansas. Tennessee, and Virginia, (as well as of other eoitihern States,) should not be counted, for President and Vico President in the joint convention of the two Houses then about to be held. And at the'last ecssion, claimants to ecata in tlij Senate from Lousianaia, Arkansas, and Virginia were not admitted. , In air this I concurred most heartily. I thought it unjust and scandalous that a. small part of- tlio population of a southern State should wield the whole political power of the Stats in Congress and in the election of President. Be side", the governments set up in those Stat b Kcre military rather than popular ; they were, notoriously, not only set up but couducted under military surveil lance. In short, they were military and provisional, both in origin and character, and were wholly unfit to wield the for mer political power of those States in this Government. But, as local governments for the pres ervation of order and in aid of our mil itary power, they were, in my opinion, most proper and useful. Local govern ment which would wtht rwisc have been f managed exclusively by occ military offi cer, under tke President, wa, through them, managed and- administered (as far as could be done with. safety) by the pco plo themselves. Those who were friendly to our cau-c in the hostile section, who adhered to us in tho struggle in '".which we were 'engaged, acted in aid of us and in subsorvienco to our military commnnd erii, conducted their own affair?. When our Army was in Mexico under General Scott, the municipal authorities of cities and towns who were friendly or abstain ed from hostilities against us-werc per mitted to carry on their own locl gov ernments in subordination to our author ity. I could never see tb slightest ilifii culty in holding that Mr. Lincoln's provisional governors and local govern-. ments were quite regular anl lawful. Bat it was quite absurd to hold, as some held, that they , were State governors and State governments in the ordinary sense of thoe terms, and that the minor ities who submitted to them were to be considered the whole" people for purposes of representation in Congress and for participation in presidential elections. But now, the war being , concluded, the southern armies having surrendered, the whole southern people having sub mitted to the authority of the .United States, the question of. the recognition cf these Lincoln govsrnroent recurs upon usi. 1 hoy are frtai m cxistcnce,acd ask recognition from the President and from Congress as real and complcto State governments for all persons whatsoever. It clearly follows, from what I have 8aid,that the argument in their favor must-bo placed upon grounds which did not exit during the war. . Actual inde pendence of military control, and the ac quiescence of the people of the States interested, must clearly appear to justify the full admission of their claims How ever imperfect they may have been as State governments originally, however local and proviional in character and subservient to military domination for mcrly, tbr-y may become complete and acceptable State governments by the art or acquiescence of the people concrrtcd, the military power .formerly exercised over them being ; withdramrn. In this viow, neither irregularity of origin nor an imperfect constitution in their earlier stages need prcveiit their present recog nition. Iam content to lake trp each case and jugde it npon the particular facts which pertain to it. , But most of the reorganized State governments present themselves before us in a different af.itude ; they form a dis tinct class from those just mentioned. They have been formed at the instance of the President of tho United States since the termination of tho war, and in a manner which Iconsider to be.perfectly regular and lawful. The people have, through .elected delegates, formed con stitutions of State government, and have, subsequently, under . regulation of law, elected Legislatures and Representatives in. Congress. And their Legislatures have .elected Senators for 6eats in this body. Tho proceeding of reorganization has been popular, although initiated by the President, and has been free from any actual interference of military force j and the governments set up have been recognized by the President as valid and complete. Why phonld not Congress also recognize them!, Why should not Senators and Representatives chosen un der their authority bo admitted to seats in the. two Houses I Is the welfare of the country to be promoted by delay in their admission, or by the total, rejection of. thclr claims ?.." The?e questions, .in my opinion, are easily answered,. anct by replies whuh shall favor immediate rep roaentation; ' " ' - ' Oeb thicg is nian.fest : by the admis sion of southern members into Congress j It ia al.o to be considered that the 1 . ... . , nower to ai mit mpmhpn r v -ncn nnnsn 1 of Congress ia beyond dispute; for it ! rpsf. unnn a lrir d!ct!nrt nm-i!nn nf - w- , .w,..-- !. r...:... i i. .1 . i ,n -,r,uv ,hrZ;,.A M at once make. restoration complete. 'I have not been at all troubled by the I argument, Bometimes urged, that these State goversnie-its were irregular in". ori gin ; that no specific law 'authorized the appointment of provisional governor, I "n,- ,FT ,0Dal 07Crn0rS ( V0. smufcious, oat is material in tue ma . - ins ot a constitut on is. that the neon e concerned shall in fact make or adopt it; and the means by which their power te called into action for the purpore is im material! if there bo no constraint. The convention .which formed the Pennsylvania constitution of 177G, was called by the Philadelphia committee of correspondence, and not by the Legislature.- No law whatever authorized the convention, and yet it made a constitu tion which stood for fourteen yeart as the constitution of Pennsylvania, and the State, came into tho Federal linion with it as her fundamental law. In that constitution the council of censors estab lished by it was authorized to call con ventions to amend thr constitutions, and there was no other provision for amend- -rrr - - . ment. Act under a simple resolution of the Legislature a convention was chosen which formed the constitution of 17U0, which is yet in existence. .. . I may also mention, what is well known, that several new States whose constitutions were irregular in origin -have baen admitted into .the Union by Congress. It was held to be sufficient that they wcrein fact mado by the peo ple who were to be bound by them. AMENDING THE CONST! UTIOK. Having ppoken to the other points pro posed to myself for discussion at this time, I come 10 ths last and principal one. I mean the question of amending tha Constitu'ion on the cbject of representation. The pending proposiiion of amendment was, in its original form, introduced into the House of Kepresentatires on the 8th of Jan uary, by one of the members from Maine. For purposes of convenience, I 6ha!l call it the Ulaine amendment, naming il after the gentleman who proposed it. it was, in a, modified form, referred to the commiuee of fif'.een, reported back to the House, and after some consideration again referred to the committee on the 30ih of j January. The committee aain reported i; J to the House on tne following day, when j it was parsed under the operation of the ! previous question, without general ' debate. The member ieportingit was permitted lo support it in a speecn of much bitterness and power, but the mouth of opposition waj,' closed. It is now before us for conidera- lion in the form i which it passed the House and reads as follows : A.rticlk. Representatives shall be ap portioned arnona: the seieral Nates which may be included within this Union accord ing to their respective numbers, .counting the whole number of persons in each State, excluding Indians net taxed ; PrortVfi,That whenever lhe eleciive lranchi.se shall te de nied or abridged in any State on account of race or color, all persons therein ol s,uch race or color-shall be excluded from the basis of representation. . Dy referring to one of the clauses of lhe Constitution, wad by main lhe outset of my remarks, we are enabled to understand the nature and extent of the change propos ed by the resolution. By the existing Coa 6titution representation is based upon the whole number of inhabitants in the Stales, exclusive of Indians net . tasted. Temales children, and foreigners are coun:ed,and al! negroes and mulattos? are also counted, in amuch es slavesy no longer exists. The compulation of "three .fifths of all olher persons'7 besides freemen, as contemplated in the Constitution, will no longer be made for there is no class of inhabitants which falls within the description of those word?. They are henceforth inoperative and useless It follows that all inhabitants in a stale, ex cept untaxed Indians, are to be counted ior purposes of representation under the Con stimtion. And it will be observed ihat the rule for apportioning Representatives accor-l ding to population ill be also the rula. for imposing direct taxes. Esch State is to pay j scribed slaves, in the clause we ars consid direct taxes according to ihe whole number ering as "ciher persons, after naming free nf ila inhahit.-irv- pvnln.linrr In.liar.a v.nluv. rrion and in the flisitive slave ClaUSB 8S - - 1 - ........ 1 . . . . .. ed. J he abrogation of the three nuns role by emancipation applies equally to the ap- j portionmenl of Representatives and the im position ol direct raxes. Whatever change has been caused by emancipation applies equally to both these subjects. Now, the Blaine amendment, leaving the Constitution to stand upon this cubjeel in all other respects precisely as I hve described it,pr3videa that whenever in any State there shall be an exclusion from the elective fran-cliTSB-on account ol race or color, .all per sons of such race or color shall be excluded from enumeration for purposes of repre sentation in the lower flpuse of Congress. That is lhe' very remarkable . proposiiion which comes from the committee of fifteen, and which has been approved by the Houso ; of Representatives by a two-thirds vote., ! The amendment , presents an alternat :vJ to each State in which persons of an inferior race or color may be found, whether Asiai; ics or African- . In . the Pacific States it may rslate to the former, .while in the Southern and central Stales il wiii apply lo'lhe -latter, and the alternative is that suffrage shall be extended to such race generally upon the .17 I -I.. ducted Irom the population of the State in -.:..: :.i?-. ;-. rnnnnti miuih2 h hckiihi" -,-- Every Slate in which Africans or Asiatics! are fflnnd it to be subiected to a-constitn- - - , i : r - f .i: - , ...fr--- , .n .,i' !,. nf rrntin.t found within its borders. If it refusa or ; nedecj to establish such inciiscriminatin'i ; ,0fl- e u j, to pay lhe penaily jn a loss of power in the Federal government. And it is to be obsetved that even where the disfran- i. r . : l . .:i . k ... K I .--. -.l . not merely part dis ranched, is to be nnnnUtion of he State j - - r-i ? i. r ..: : ,n " ivcpreseniauTca Now, one of two things must happen in a Slate in case this amendment be adopted. Negro or Asiatic suffrage must be accepted, or the State will be stripped of a" portion of the. nowes which she now holds under the Constitution. This is, therefore, a penal amendment. While il assumes to leave the Siate free to regulate suffrage for itself, it imposes a penalty upon it if it decide in a particular way. No matter how strong, or even imperative,moy be the reasons against lowering the standard of suffrage in a State to the capacity of tho negro or Chinaman, the State must do it or be stripped of the Constitutional right to lull representation which she now hold. It is virtually a de cision by Congress that to withhold negro suffrage to any extent or for any cause is criminal and jusily obnoxious to puniih ment, and that that punishment shall be im posed by three fourths of ll.e States upon the remainder bo means of a constitutional 1 amendmenJment. Afeain, the amendment makes no change in the apportionment of direct taxes among the States. . They are to be apportioned ac cording to the whole population. There is to be no abatement,7n proportion to lhe dis franchisement of lhe State in her represen tation, although under the Constitution ss it stands and always has stood, taxation and representation are put upon the sams basis. While the rule for the latter ia changed, the rule for the former is lo remain unaltered. Hut it must be manitest that if either is to ; changed, it 6hould be the rale of taxation.,' l he growth of the cour:lry, aggregating j wealth in particular districts and Males, to a greater extent than in others, has made the constitutional rule of taxation unequal and Tojectionable. An old State, and especially a manufacturing State, is more able to pay taxes than a new Stale, or an agricultural one, and the distribution of taxation accord ing to nnrcbers will press much more heav ily upon the latter.ihan upon the former. An amendment of the rule.lherefore, which would impose taxes among the States ac cording lo the taxable property in each, in stead of according to the number of inhab itants, might stand abundantly justified up on grounds ot justice and convenienca. but no such change is proposed by this.; amendment. Whatever inconvenience or I hardship arises from the present rule.is dis- regarded, and il is wholly untouched, while j the rule 01 representative apportionment, j which involves neither inconvenience nor ; hardship, but proceeds, upon a just princi ple of equality, is to be amended in a man ner most odioua and ot-jectionbtle. This amendment is supported in part up on the ground that by emancipation two fifths of the slave. population are, under lhe operation of the existing Consntuion aided 10 the representative basis ia the bouihern : the Southern States, that therefore an amendment is r.ec-; from our problem, and we may consider it eesary to prevenl a positive increase of wirhout reference to that disturbing caure. southern power. - j Certainly ouHathers thought population to This argumentmaj be repelled open sev- j be the proper basis, fcr they established it eral grounds, "which I proceed to slate : ; lor themelves and for ns, limited only by 1. The rule for counting the whole popu- j a temporary provision, which mel the ex- ; lalion wes originally intended to be restrain- j ceplional case of the slave. Certainly even ed only so long as slavery should exist. It ' the committee of f.fteen ihought popula- t was intended by the fathers that whenever ' lalion a better basis than any other,for they emancipation took place in a Slate, the j do net suggest property, electoral qualifi-,' emancipated population should pass into j cation, territory, or any other general basis ( the representative basis. Therefore, in j as a substitute. And if we pass from au-1 amending lhe Constitution as proposed, wejhority to reason, what can be more clear ; defeat their intention and overfule their j than the convenience artrt ennality ol the! judgment upon this subject,. Have we ; rule of population? Our question concerns ; not been told a thousand limes that the : the representation of States as such, and a j fathers expected slavery to cease in the J rule which shall be perfectly uniform as to j country, und took that expectation into ac- all; and operate equally upon all.is the rule j count in frarain the fundamental law 1 j alike of justice and of wisdom. Your ; They did noi even admit the lerm "slaves" 1 or ;'&lavery" into the Ccnstituiion,. but de- ...w.., t ...... I I W Tl persons ne.u .0 service anu taoor. iney gave Congress authority to prohibit the alave trade alter 1S0S, under the words "prohibiting migration or immigration ol persons," aod il was well known to them that the States had then already begun to emancipate their slaves. The Pennsylva nia statue of emancipation had been passed a few years before, and other States had taken, or were about to take, steps in lhe same direction. Unquestionably, therefore, they contemplated that the three fifths clause would expend itself in. the course of lime, and that the whole popula. tion of the States would fall within the rule of representation which they established. I say, Then, with confidence, that we have now realized a state of things which they fbresaw,and for which ihey made provision. that emancipation, caused -by the war, is is not an unexpected cr unforeseen evert,' requirmg. a change cf the constitutional rule which they established, if we are o be guided by the views aai opinions which they held upon : the subject of representa tion. Nor," m this point of view, can it make any difference that emancipation is upon the States, we accepted all its appro r.nate conseruences, inciuuing some en r largement of the representatire bai-. That it wai our act instead of the act of the .. .i;.f,h;- mi, i, i Cmsa a nrnnnsn to (llSiranCri.FB. cat! lo ! nn rRason for imnosins anon them the pres. ! ent amendment. . I 2 . The argument is plainly insufficient, i because it core:, bnl a pan ol .the sut.ject- matter cf ibo amendment. The argument applies only to two fifths of the slave pop ulation emancipated by the war. : But tho amendment applies to the vvhole negro pop ulation, whether slave or free before the war, wherever suffrage is withheld from them. : It strides heavily at the representa tion cf MarylanJjKeutucky.and other States, which did not join tho rebellion, and every- j where excludes colored non-voters, whether ! slave or free before the war, from compu- tation. The fsee negroes of Pennsylvania and of Maryland are to be excluded from enumeration upon an argument wbjch has no relation to them. 3. The argument does not take into ac count the rate cf mortality in the 6lave pop. ulation since the outbreak of the war. That mortality has been very great, and has been estimated to amount lo a fifth part of the whole. I do not think it impossible thai the census of 1870 witl show a decrease of the negro population within the late slave Slates, as compared with the census of lSfiOj of much more than ono million. Al all event", the late of mortality during the last four years is fearfully great, and though il cannot be exactly-stated, it is a fact which must not be overlooked. Rut to the whole extent of decreased numbers among this people the argument I am answering fails, and it may be still further weakened here, alter. 4. Cat if the argument were perfectly sound and satisfactory, it would not justify this amendment, bat one of a very different character. If the addition of two-fifths of tha late slave population to the representa tive basis of some of the States is an unjust or pernicious change requring a constitu tional amendment 10 correct it, that amend ment would properly be one which simply removed the cause of complaint ; and an amendment which would provide that two fifths of the negro population, late slaves, and their descendants, should not be count ed, although free, would meet the whole re quirement of the argument now under no tice, And if it should be said that such an amendment could not be conveniently ap plied. I answer that or.e nearly equivalent to it, and mor3- convenient of applicationmighi be substituted. . At all events, the argument ; does net seppert the amendment now ! pending, which departs from il to the whole i extent of the free colored population before lhe war,, to the whole ex'ent of three fifths j of the slave population, and also of all Asi-1 1 i , 1t ki' t n 1.1 r( t K c r)sifi. ,l.a l! f ' course I state this point according to the exii'ting tacts, su.Iraga being with acts, su.Trag3 held from the negro and other inferior races j in an me Mates wuere ineir numoers are considerable, my own included. - Having answered this particular argu raent brought forward in support of the amendment, it only remains to consider whether the rule of representation accord-j jug to population, or the whole number of persons in a State, is not the proper one for , general adoption. The exceptional cae of a population part slave is now removeJ amendment strikes at the Slates with un- ) equal hand ; a part of them will be wholly unaffected, by it, while upon others il will be, and was intended to be, an instrument to coerce their internal policy, or to punish them for the Iree and independent exercise of their own judgment. On the countrary: the rule of population presses nowhere and o.'fends nowhere. It oilers no bribe on tho one hand, aaJ inflicts no punishment on the other. Il tends to harmony, because it produces no discontent. Cesidesj what bet ter rule for the security of local interests than that of population .can be conceived ? That cf voters is open to most -weighty ob jections, some of which-have been well stated, loth in this Senate and in tho House. That of properly is odious and anti-republican. Oive basedn territorial . divisions is cot cf the question. The only possible one is that which already obtains for the Senate, and is inapplicable to the more popular branch of Congress. I conclude, therefore, that population is the simplest, most conve nient, the most eqnal, and the safest of all rulea which can be proposed for popular representation, aud that it is necessary alike to particular interests and welfare of all the States. I would leave the existing rule en changed forever, or at least so long as our Republic continues to be one of the Pow ers of the earth. 1 would not exchange il ,1 .... ,-..,.L,-..l,l,..--.,-i.l . I ., ' I ..11 . , .If,,, ,', mm:, , m, I agree to modify it in its particular applica tion to. some community or class of persons in the spirit which prtbmp'ied ourfathers in , the adoption of the three-fifths clause ; but . this would be a concession to particular cir-j-cumstances. contisting;an exception to the I rule and net an ab&ndcnrnenl of the rule it self. . . For the present, ; in passing npon" the I Blaine amendment, we can have no difli-l-cultyin determining', ihal the exception J which it-proposes totherulfof population is most offensive, unreasonable, and unjunt. I shall very willingly contribute one of the votes by which it shall be condemned. Put there are general objections which stand opposed to any propositions of amend ments at this time by Congress 1 mean the submission by Congress cf amendments -lo the States for their adoption. 1. First in order is the objection, end it is a great if not fatal one, that eleven States are unrepresented in the Senate and House. They are not heard in debates which may affect iheir interests and welfare in all fu ture lime. Nor can those who represent them vote here npon any question'. I know it may be said that these Stiles withdrew from our companionship in 1831, and that by their own fault they stand unrepresented hero. This was the answer to the argu ment that they were absent when the amendment abolishing slavery was under consideration in Congress. But I insist that the case has wholly changed since thai time.. Tbey wJVe then voluntarily absent. They were destitute of State organizations which were in accord with us and submis sive lo our Constitution ml laws, and ma jorities of their population ''were host'.tle lo us and overboro the loyal parts. There was then total State incapacity, self produced for any action whatever w'uhin this Gov ernment. They discharged here no duties and they could exercise no powers. Dot how stands the case now T What a change from that day of conflict to this of peace ; from rebellion to submission ; from hostile State organizations to loyal ones ! Those Slates are not no;t absent of choice, but by ouronn act, or our failure lo act. : Their representatives stand at our doors, compe tent and willing to take part in our pro ceedings, and to assist in the common work of government. The reason which existed on a former occasion, or which was urged upon a former occasion, for our separate action in proposing an amendment to the Consfituticu wholly fails in the present case. There is no necessity now that we act alone; and if we do not act alone it will be an act of choice and net cl compulsion.' Lrt tho whole country be represented here before we enter upon the vrey grave work of changing the lundamental law which is to extend to all and to bind all. 2. Another.objection to imrr.eCjate amend ment is the probability that any amend ment made at this time will be a partisan amendment. The party in the majority for time being will, naturally enough, seek to perpetuate its power, t reccre itself against future changes of public sentiment, in any amendment which it may propose. It it not obliged to consult or conciliate any op posing interest in proposing or passing a resolution through the two Houses ol Con gress. Possesina two-thirds vote in each House, it can do and perform its will in de fiance 0! any opposition or remonstrance. The temptation to frame amendments in the "interests ol a party will be tea strong 9t sell-resistance by the majority. Possess ing uncontrolled, unchecked power for the immediate purpose in hand, it is fdle 10 expect impartial action from it. But God forbid that the Constitution should be made ihe subject of mere party amendment! The fact will be both bad in i'self nd ol evil example in. future times. The excesses and injustice of party, as exhibi ed in ordi nary legislation, car. be speeJiIy corrected. Laws can be modified rr repealed with great facility whenever their imperfections become manifest ; but the Constitution is a permanent instrument) and bad proviaions once placed in it cannct be easily removed. 3. The members of this Congress were not chosen with any reference to the sub ject c! constitutional amendment.' Their action -will be voluntary upon this esbject, and quite unprompted by any public senti ment manifested in their election. It is but reasonabla that some popular consideration should be given to questions of amendment before they aro sanctioned or proposed by Congress. But no sucn consideration nas been giveo by the people to any one of the various amendments which are now pro pored here. Besides, thia is a war Con gress, chosen when passions were warm and violence abroad in the land. It must necessarily partake of the passions of the time when its members were chosen, and be less suited to the calm duties of states manship iuvolved ia proposing amend ments. 4. Whatever amendments are now pro posed by Congress are to be submitted to Legislatures, and not to popular conven tions in the States; and mosof those Leg islatures are to be the ones now in session. The people are not to act upon the amend ments directly, nor to consider them in any way whatever ; ther ara not even to be al lowed the privilege cf electing members of their Legislatures with reference to the question of ratification. So that, in point of fact, the' people are not to .consider amendments in electing the members of Congress who propose them, nor in select ing the Legislatures which are to ratify or .,1 -ri.-Wm 1 , . ,T.- vt -V-A-P --)- r A.t--rn. I am opposed to party amendment', pro posed suddenly here, in . the absence of members from nearly one third" of tha Stales, without any ins'tigatioo or prior knowledge of the people,1 and to be adopt ed by Legislatures chosen Without any ref erence to the 'questions wa thrust upon them. ' ' - " . "' '5. Finally; in submitting amendments at this time, we invite a dispute upon. lhe question of the degree of legislative aa sent necessary to their adoption. If ratified by the Legislatures of less than three fourths of all the States, their valid'uy' wTll be de nied, and their enforcement resisted; That denial must be made, net onlj by tho 'un represented States, but by all men in ths country who hold the views of the last and of the present executive Adminslrations. And the fact' of ihe attempt to force an amendment upon the country against so large a mass cl opinion will only produce ' bad b'.o'cd" and increase the difficulties of our situation. You-wilt not, probably, get your amendments absented to by the num ber of Slates which, in the opinion of the President and Secretary of State, are nec essary to their adoption. And' then the question comes ap, is it wise lo raise this subject of difference to disturb our future counsels? Besides, it is to be considered that the very manner, ito epirit in which these amendments are proposed is well calculated to dhfeat their cordial acceptance by the whole xountry. The whole pro ceeding looks like a piece of sharp mad agemcnl by a congressional mnioritv to consolidate their own power,' aod to fores amendments upon the people of the coun try, or at least upon a large pari of them, without full consideration and their free as sent. ' . . i tt!'.:?'i " But if amendments are to be proposed at this time, 1 insist that the whole subject of amendment shall be opened, and that wa shall not be confined to those which bava already emanated from the committee of fifieen,or been presented in the two Houses There are others much more deserving of favor and adoption, and much more likely to receive, untimaiely, that degree and ex tent of favor which should always support constitutional changes. ' ' - The first is a change- in senatorial repre sentation to remove cr mitigate existing id equality, which night assume the form suggested by tne in a former part of my present remarks. 1 mean : the division of ihe States into three classes, according 10 numbers of population,- and assinging 'a different representation to' each Class. Ta meet any large increaee of population here after, with a consequent inconvenient in crease in the number ol Se&ators, it will be well also to provide that the numbers upon which tha clasiif.ca.ion is based shall ba raised hereafter, some rule of proportion. between them being still retained. If it should bo said that the concluding clause cf the fifth article cf fhe existing Constitution stands opposed to any improve ment in the rule cf senatorial "representa tion, I answer that that clause itself may ba rescinded. If It be alleged that such amend ment would be revolutionary in character, or at leasta violation of the faith pledge'! by the Stat2s to each other in forming the Constitution I answer, it would no mora bear such imputation than would ah amend ment regulating suffrage in the States.oc any other which would concern the inter nal policy ot any State, which may te in dependent cf, or remotely cocnected with, those general objects for which the Con stitution was made ; and euctr objection will Ltpply with equal lorco to the amendment already adopted for tha abolition of slavery in the States: - In fact, the abolition amend ment, and amendments icgulating State suffrage, cr other question ' of exclusive State policy, would be much' more obnox ious to the objection lhan one regulating representation in the Cenate of the United . Sta'es. 'For the latter wocld relate to a Federtl question wholly beyond separata State action, and capable of regulation only in a new form, by the amendment power of the Constitution. ' If, then, amendments of the Constitution are now lo be proposed, this one must ba considered,- and its consideration will ba pressed. If the hand of reform is to be laid upon our fundamental law, it mutt not bo permitted 10 strike inferior points where change is desired, and omit to strike this point of senatorial inequality. That in- equality must oe corrected, gnu 11 win oa corrected. Six States out of thirty-six, ot out of the greater number which we will have hereafter, cannct successfully resist a. proposition to deprive them of an unjust oc inordinate power in the Governmeni, ia tlerogatioa cf ihe interests and against tha opinions and will of the other States. I say," then, that il representation in this Govern ment is to be changed at all by constitution &1 amendment, the representation ol tha Easl.musl and will be reduced to an equal ity with thai of oiher sections of theUnion; and to this work lhe Represetatives of the great States will devote themselves with a zeal perseverance which wi 1 know no abatement until justice shall be secured. ' Bat there is another improvement in representation, infinitely more import rat than any yet mentioned, to which the at tention of Congress and- of the American people should be earnestly directed. No other possible change relating to repreien trticn can compete with it in importance, or croduce results equally bene&ciaL"4 - w in elections 01 members of Congress. apply or use a majority, or rather plOMli
Significant historical Pennsylvania newspapers