MM8 OE THE
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nor
-rrY
- J.UQSY & H.ELCR. Tubllslicrs.
TrntH tnd Rl;ht -Cd and tor tonatrj.
Two Dollars per An oca la Advance. ,
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BLOOMS BUiVg. COLUMBIA CO-, PA., WEDNESDAY, MARCH 21, 1866.
L NO 4.
ivew series:
31.. XXX- j OLD SCUICS
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DEM06RAT 'AM) S i Ah,
( bloomskuui;, coi.umi.ia county, fa., ey
J ACOBYi&i I KELER.
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- 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
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Itii-iDeK notices, withoct adveniioment, twenty.
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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