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- Title: 311
- Type: Notes
- School: UMass (Amherst)
- Course: ACCOUNTG 311
- Term: Fall
thNo. opsi&@hn 51) proposing to ution of the Uni'ted States: the Senate and Hbuse of w m l n l i o e s pBesoleed o the Uniled Sfate8 of America in Gnw~e80 e a d l e d , f a (twothirds of both Houses concumng,) That thefollofig mtiole be proposed to the Legislatures of the wmli %sy be inoluded among $he q%~'&s& witllip t@~Um%n aceordingt$their respective numb q coating the whole nuntber of persons in eaeh , State, exeluding Indiana not h x e d r Prouidcd, That whenevez the elective franohise s M be denied as abriWd sin any State on amoh& a9 r ~ e o eolw, r $ ad1 pewons therein of such rape or' @or$$dll t exeluded fiom the baais of tepresenbtion. I . ' , + , , .r Bfr. SEINER said: " Mr. PRESIDENT: I hes&te ts ir&rude again in@ t b i debate, which now, aRer the interjectipn of another debate on another question, is again renewed. I do it with unfeigned reluetance, and I hope not to trespass too much on xo r patience. B e iiiestion be ore-q, ~ v e ,q Q firm. i s of incalcrifab16 %i6orta'fice% an idded interest, inasmGch as it'o ins' t46 whole vast subject of reconstruction. Pqto this ted at tbig +e, except on on the eneral prinma$%. fieason must be made ojiiouri, and to tbil end p w e r must be secured to loyal fellow-citizeqq. I n doing this, two inGspensable con&$oas cannot be forgotten: first, all who h,we been ugtrue to the Republic must for a certain tilpe constituting the transition,period, be excluded from the artnersliip of government ; and secondly, a$' who have been true to the Be ublid -.' I $ & be aq@&ted% the pwmhi$ of go^ ng . into a m e n % ,acdoidh l o the sovereign rule of tho Constitution, w h i 8 knows no distindon o :olor. Followin these two simple command ments, there willte safety and peace, together with power and renown. Neglecting t ese two simple mmmaodments, there mogt be $ril and $istraction, towther with*imbqilitpan& ditishanos : ~ I n ~ ~ r&const;Sd&on willbe ~way k s y in the othw way it will in @n just se?se momen% be impossible. I t may aeeg for to succeed ; but it must fail in the end. Thi is all I have to say at present on reconstruetion and I turn a t once to the precise question b'e- & spirit I &all try to say what"^ have to say. To my mind, the occssioa is too sblemnfw per-. sonal controversy, and I shall not be drawn . -into it. )i 'I L the United States; when this word has disapeared even from the Post Office laws ; when, a vote of the House of Representatives, this word has been condemned in the laws r,egulating the elective franchise in the District of Columbia, it is proposed to insert its equivalent in the Constitution itself. To exhibit this shame is surely enough to cause you to turn away from it. Do not say that it is not proposed to insert it. What is the concession that the elective franehisemaybe denied or abridged "on account of raceor color" but aninsertion of the word "white" in the Constitution? In that text, as it still stands, from tHe beginning to the end, from the Preamble to the si ature of George Washington, or the last w o r 8 f the last Amendment, thereis no recognition of "color." For the sake of decency, let us kee it so. 6. Proceeding still further with t%e pendhg nrooosition. I denounce it as assuming: what is t l in conhitJltional law, that coZor &n be a ak p~lalZJZd&fora n ekctwOTThe Constitution says that "the electors in each State shall have the qual@ations requisite for electors of the most numerous branch of the State Legislature." Of course this leaves open the uestion what is meant by qualification^.^^ 8 u t this word must be interpreted in the light of the Constitution, which knows no ('oolor," and a qin in the light of the Decladion of hdepen%enoe, which knows no '6eolar," gnd yet again in the light ofcommonsense which refusestorecognize "color" as a "qualihcation,l' in any just sense of this term. Consult the dictionaries of the day, ftnd you will find it means "fitness," ('abil,~~ ityll' " ~ c o r n p l i s h m e n t('the~state of bein qualified ; but it does not mean " color. l l isapplicable to the conditions of a~ residence, &tent with a re u b h n governmbt. l In character education, property, an the ayment other words, the Jenial or Abridgment of the elective franchise on account of w or color, of taxes; butit cannotbeapplicableto~~color.~l The English dictionaries mod in v o r a t the and the tyranny of taxation with'out fepretime of our fathers were those of ailey and sentation will be recognized in the ConstituJohnson. Look a t these. According to B e - tion as republicanin characte Of course dl ley, who was the euliest, "cyalificationl' 1s attempt to enforce this gum%tee against an Oligarchy, A.ristocracy, Caste, and Mono oly, thus defined : Iounded colorl Or a@inst the tyanny oPbx On a,)I* wmr mu,mmm tTLiIIgporanY paration without representation will be from thi! tiouhr pwpoae. @.) " A m ~ ~ ~ ' ~ a c ~ & - @ k i ' ~ , , w . q & ;wh e e w A k l e . The recions power whicl vltl*t.&erer. p&hm&." 8. Again, Idenounce the roposition aspos Accordiog to Johnson, who is the highest itively tying 8 e hands of B n ress i n cont.~& ruthority, it is thus defined: ing a d consummating the a b o h o n of slavery. By the second clause of the recent constitu- , 0) . "!l%atwbic%makeu awnerson or thingfit." Ewze.-uIt is in the powgof the prinoe to make tional amendment Con ress is expressly empiety and virtue beoome the fashion, if he would make thmn~=wwZiMiOnufor~ref-?nt."this ewer tveesenate, by what as the &a. ~ i v i f ~ i g hBill, has already undertaken to ests (2.) " A c c o r n ~ t i s ~ . " rights in the States ExmpZe.-"Qood ~ ~ q & m mind enable a tablish equality pf c i a hereafter alL our courts of u ahd Terntoriesi'86;th&t in m&Strate to perform bia qutg, and tend to a t least there shall be no discrimination on acpublio esteem of him."-A*+. count of color. I t was justly insisted that such Thus according to these definitions, ' l ualiha- "legislation" was needed to L'enforce" the tionl'means L'fitness71 ~'accomplis$ment," abolition of slavery, and on this account r n ~ or $ " fi w7hkcfi8 , , f, ~~~~~~~~~p~~~f~~$~a~i~~p isLown constitut:ona& The Senabe acted ~cordingly. The bill haa passed this body by more tKan a two-thirds vote. Obvioudy by the same title equality in political rights can be established also uederthis amendment if such equality shall deemed important to "enforce" the abolitron of slavery, OF, in other words, t? complete and consummate the good work. Iri'bhe exercise of a granted power Congress is. the sole 'udge of the 'Lmeans" it shall em lo and tkis conclusion is sustiined hot o! n reason but also by the su reme court odthe United States in solenm juigments. You will remember the familiar precedeeb w&c$ I in+st are decisive. And nos, in tbef@.eof these j u d p e n g is the f $ c e ~ fthe^ rpadl?a+bewe, &d 11 the face of the &uth~~&3~hVe x ~recedent be ti . 2 -- - . -r,-;, h e r h r Ahat ameadatwt, which &yld be :3, . ;, mtezpreted g e ~ e r o u d y .b&&gee llbertp . kr,%.:.i will be changed so as to reed, 'L conmess shad ~ a c to PP$ardwe bwe e + - otectioe. The considhave h w e r 6 enforce this a&le by-avuro~ri- eration id small. I k w i b e fergottea when the Fgsntic coqcession will l o o a in history as a andmark of dishonor. ~ ~ e 8 e ~ h a v e " b other Compromises of Hueen Ststeon-kccount of race or color." ThiiFGGni %in & i h h i n dme? Past. But considerin the 'will a beneficent wer be b t a t a moment P d e u i bl the occadibn ; the promises o f the sthers ; the extent of present obligations ; the when &is needd?&p $B y % mx6 lenown t& r t n p t i n g s of g r a t h d e ;the demands of public .. pf thg Repubfit?. 9. Amin. I denounce this broBosition as inaith ; the demands of public security, and the good name of bhe Republic, all of which are atalliwQ v&nt nbek ts gaabn'loyai d&m . - under the sanction of the Constitution.. The now involved, I am sure that nd compromise , t& ruling class began and susts,ii&-d 'h :i"ebe& so discreditable and disast~bus %$ev& before A feeble prototype m y be' found lion. The citizens who$jou diskramwe ' " to wed. loval. and some of-them rnHf3ed but-&B3fei $&*&at inblerable %eaty h o w n as the Assir broodnfor the Betrublic, and vet we are h6% %$6'fil%?tracti Go&-which every Englishman $%kid &intrench ;his d i n g dass in the Con now t&s witha blubh. where at the end of an barteredall that had &itution, so _that they can wield unchecked unprecedentedwgr~ngiand power, while loyal million8 are humbled d been won by the victories of Marlborough for tb$r feet. e bare statemetit ~ f . & e owe the privilege of shpplym slaves to the Spanish received r solemn coltqies. The slave offepds the re on and the ecm~ni)e.+- . Pray, who may juatl lo& t 6 the Pepabtit sanctioe, and fingland pocketed t&e&honest far brnteetion? I s it d e i e b e l or the lovalisti profits; just as now a kinded -offewe. 00 a marider scale is to re&ffre a s ~ l e m n sanctibu. . . ?&& . , I i 3 2 7: sympatlietic ride, andFuo'*rejoiees in y o 6 t r i u m ~ h ? &o can hesitate? Bad yet thc propisition now before the $$aa& gives thc ~ a l m Dower Bnd honor to the rebd class of k ind&eges'thie preeminence in b 6 Gwstihtior itsdf.'%tswill not do b 8% with C&I, "Am I my brofih&~'s keeper '??, arepour brother1! keep= ;ggd you musb see that he is saved frbm crud o .preisfon. 1 . l n d m y , I dhonnce thia propositlot 0 as a Cmpom#e.& RQlats, Ruman the moe! ' questionable of any i our history. Personr out of t h e Senabe have sought to vindieatc it, as 'other oompromises have been vindi, " d ,o history. On a fcwmer occasidn I entreated you not to copy the exampk o'f Pofitius Pilate, who handed over the Scour of the world, in whoq he foun ho fault at all, to be scourged .&id cn&ei. Iti* duty now to remmd you that you go further than Pontius. Pilate. H e was a mocker and a jester- but he received nothin for what he did. l0 do. ' Not con!2 rbsolvh$ the Sen&@ lhtb a Pretorium, tent you imitate Juaas who betrayed the Saviour for thirty pieces of silver, and youtimitate the sol- ' diers who appropriated to .themselves the rai- a w i g S W M X A R Y OF OBJECTIONS. Mr. President, such is the argument for the publican governments in the rebelstates on the basis of the Declaration of Independence, so pgposition 0 ' the Senator from "ssouri, [+. ENDEBSON.] PaOPOSITION TO SECURE EQUALITY BY AUT OF, O N GUESS. ' ----- Mr. Madison gave his authority to the same conclusion. as follow$: The ather.pro osition, which looks to the direct action' of Songress under the existing Constitution ana its amendments, is obviously the simplest and most practical, inasmuch as it deals with the exigency promptly, frankly, and according to 'the necessities of the hour. I t does not undertake to act b indirection; nor does it pastpone to an indk6nite future what cannot be post oned without detriment to pro~rastinate it to the Republic. saves all. Such a proposition is commended by every argument of reason, humanity, and patriotism. To saythat it is not constitutiontll eking than that of Coagress ;precisely as the'T&i tories according te Juaice Marshall, a famous judgment, W.~o&e~''thepower and jurisdietim of Congtess'"' Corn the necessity of the case. I do not say h t d - f h ? . ~ becomes 4 tech ieal Territo as that b a 1s understood r ; but I say, thst in tbs ~ c othe f *be1 tates and in tbe@bsesceof &mate governments with members sworn to sqppwt the Constitution, these tates fell usdea.!~the power andtjurisdiction o .Congress1' until 7 % ? ? 2. I do not like to dwell on another source of ower which is found in the Rights o War j gut tdis-too must be made plain Gobody doubts that the United States were kstified i n accordin to the R i g W bf War as found in the Law of #&ions, doubly oigabory.orros, @st, because we belong to the Bamih of Nations. and secondlv. be&se the Law of Nations & expressly recognized by the Constitution itself. a, Now, accordin to the Bighta of W r as found i the Law of $Jations, a con uering Power h -justified in requiring not on$ Indemnity f 3 this %&&&fit $ o k r , tIi& kcerche %'iQ-sach hhe P&W WmlsitrJltWheFwtnre. It depends form as shall seem bebt with machinery and -en t h e . p ~ T . 5 & ' d& States, as repdetermme the gumpenalty or vithout machineq and penale ; but, -resented in o 5 ~ k ~ , sn God's name, exercise it, for the sake of the antees of tlirs security. I n support of this conclusion, I ask attention to a familiar authority country which suffers from your delay. whose statement seems to cover the case. . THE POWERS O F CONQBESS. read from Vattel : "The whole right of tho conqueror is*derivedfrom justifiable eeZf-(Weme. He mau in the tlrst place do a t most 'an objection of form, which I put aside and adtance at once to the substance. The question is too vast and the times are too serious for a specid demurrer. I t must be tried on 8 The offending parky.hhen c q u e r s d may be rendered i able or d & *iai%&iefwith the same ease 3 u t u r e . . % &aifl:ording to nab& u d justice.' %h&&&~the. same famili2r awthority edpaeSs$5M&selfas follows : h e e n slaves and 'freemen. All f r e e w . a i f @ .. .- - - . - . "The WO& @ople df the Upibed State8 * @ &feeGaid of the rights of the "peo&3.-" all this was changed when he b e w e w mean t $ B w e d 'oit'qeeuls'8~ls, man. He wns then one of the L'people," &&, Thw, r)oliticnl b,&4 whoa m~&&epr institutiog,.& .tB9 whose property could not be taken by taxatiqp M i n k tq *&out representaw and whose consent essential t~ goveqwnt, The ditfwycg m$b vbjka,,&i Macks, W b~ $:' mey &Zen is a o f t ~ l ~ c o p l e a owc~~illwnt m ;tub men* be* @this aperEiirnrv."-19 Hmurd Rw., 404. any such St&%% i l i ~ ~ ~ l r ~ i s t e n t rep*&ah with a government. TI& ower is in Congress. It & p i s & *on& tnongh j h . Chief Justice is ithe still pore precise : To say that you means" ou &dl fS&eae is not, it 5s bekie~d, be found in the have not t& power 18 i3&ecate at a great to . R 0 i f of ~rit!31'5on ~SWmmeIitvgi anY ~ t u d ex' ency the w q peans of salvgtion. I t f 0 rf l in &primenlh.nt@forendane~~o6itionofth.tam h.%ing awa lour anae in thh r*y. fare of oifirren. which h* not been coqidered as conferring %the enemy. 1 t o s ike the C o n s f i ~ ~ O n a ~ 8 a ~a~~~~~~~~~~~~ e&vnmt Or Iheperfect &gight moment when its fulfcrtnnonade is needed for sf a e ~ ~ and ~eJm l m~ a f an af the overthrow of wron Clearly yan-baas the priDiEBgra, &il and wlitical."-Bid, R. 476. power, and u p w yourgdeads will be the f e e l responsibility i f j o u fail to exercise it. 4. nbrn this source of power in the c~diiitutibn I pass to another in-the Constitutio~ also, supplied by the,secoad cZause of the copstitutionaz a d r n e n t I t is w e rovid @ I that Con@eSs & W & i W W C % ~ & d slavery by "appro riate le islation." Under these words, accor%ng to a% rules of interprdtation and the judgplents of the Supreme Court, Congress is empowered to do what in its dissretion seems best t~ this end. It may yadoqt which shall seem " appropr1aLa any ' 6 me-8 I t may select any weapon in the arsenal of power. I do not stop to cite the judgments oP the court or to dwell on this power, The is clear, and I cha1lenp;e'anycontradiction. As the grant is recent if,1s not open to any suggestion of loss orwaiver by desuetude or. non-user, I t is fresh as the abolition of slave itself, and at this moment is jnst as vital. ?m m a as o 3&deny the one aszthe other. Here, even at the cost of repetition, allow Jpe to reFind ou that already during the resent session t i e Senate, in pursuance oPthis power, has undertaken to pass a bill entitled iie ' To' pot& & sons in the Vstd St* and furnish the means of in their civil their vindication." Thddeclared object .of the bill, in its vef title, is the protection of all ersons in the nited States m their civil rigits ; and this object is carried out by the following ~tEkEt$~~$2~~bFlz It 1 on this 1 in ques- The bill proceeds to provide machinerysnd~enalties for the enforcement of this prohibition. Mmk, if 'you please, that this is not merely iq %e rebel States, nor even i n ~ t h e States where selects from the m e n if Congress, in order tion of slavery, canse -7JBGERCY OF OUR DUTIRS. p.' 'Lbfothm', and by far tHtf&&t d i 8 d a t they whom ib leaves adwW- . " .,********** %~rcprcsented though thesouthernnegro willbe, They then proceed tq say t h a t O e d $w.q,it naTstonds,.tt& ie not aie+eaop i J i h i ; c ~ v i ~ of ~ ~ o ~ ~ + or a&&iib$y d p 'soate may make colsr ar r w e a disqualification for the exercise of the'rigFd of$uffr1~ge: and the undersigned will regard asa real calamity the intmduction of any words, expresslyor ; by implication, giving any State or States such po tendency of things a t the South will be such as, atter an& we respccddy submit that if the a m e n d x b adopted t yw a wry few years, t e g ~ h ~ ~ b ~ m k ~ m c o s s t o now pga&sh&be th? bal- to deprive any &aye$, o&.hees i of p enable t mb h e elective ldbex. Just the reverse will be thisbndency. The iectisposition to do them justice will be constantly %iylMpxeraiseof absolntepoweroverthem. ' S mendment adopted, s;nd they will newer g e t Eb safPr.80e. mtil a bloody revQ&aticna shall bring it C ¬ for their and his enemies b decide it." ~n t & Fe " T4e nation still unGred, ex&iby 560 veii horptd war from which she has jdhmerged, of herpride o race on the onehand and her contempt and hatred f of race on the other, must. I strongly fear, continue to drift on toward another an$ evenstill more horrid war--a ww of races." * * *' * "That tzMimm.party was demoralized by this m a t of the heaiden* nt but to&+y in&a08(4. by this diaastrousvote of the House of RepresentbiWh;eJl qn 4 apportionmeht amendment. Had the b $&a %&t sntergd q p n his hightoace with the eonvicttop b m i~ soul, that ' a man's a man,' his however co&Mkunedmoolored, nosuch amendment, nor anytling-in its plabe ahorVof the instant demand &negrhsn& WlbHddhawbeeqsomaeh asthought OW. " I d o not forget thatthe am-bnt in qudiim-fs cleimed to be a p r o w t =&@,the caste spirib. t@&icient, however, for its utter o6ndemnation is?the h t that instead of proit'germib the in+c of t.I+ia .accursed +. * .* IJ31.L ** e a p ~ 6 . 0 f t h e e r n e h i i ~ ~ amen'& thisf w ** * *_-*-* * * * * *v*. * ,- ment of a considerable portion of fellow-citiizens is consistent with a r e ublican government. Still further I d o n o t b e i e v e that "color l 7 be a qualihcation f o r a n elector. H e doAnd here is a oin$ of divergence which carries y far a art. %e consents willingly @ this text. k i t h my convictions I cannot. I have listened t o all that has been ssjd. the pronosition is t o me as obnoJrious as " " 4a "All men of aommon sense ma .-
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