IN SENATE.
WEDNESDAY, January 16, 1867.The Senate met at 2 o'clock P. M.
The LIEUTENANT GOVERNOR announced Joint Committees on the part of the Senate, to wit: On House of Refuge - Messrs. Niles, Cumback, Rice, Hanna and Sherrod. On Rooms for State Offices - Messrs. Cravens, Noyes and Mason.
THE CONSTITUTIONAL AMENDMENT.
Mr. CASON, from the Committee on Federal Relations, submitted the following majority report:
MR. PRESIDENT: The Committee on Federal Relations, to whom was referred Senate Joint Resolution No. 1, introduced by Mr. Bennett, entitled "A Joint Resolution ratifying certain amendments to the Constitution of the United States," have had the same under consideration, page: 44[View Page 44]and a majority of said committee have intrusted me to report said resolution back without amendment, and recommend its passage.
Mr. LEE, from the same committee, submitted a minority report as follows:
The minority of the committee to whom was referred the joint resolution notifying the amend ment to the Constitution of the United States can not coincide with the views the majority have taken of the vital questions thus involved They believe the temper of the public mind is unsuited to the work of the expansion, or retrenchment, of the organic law of the Government under existing circumstances. The country has just emerged from the panic of revolution, and they believe the people have not yet had sufficient time for reflection ; first, whether there is any present necessity for reformation ; and second, whether under all the circumstances of the public situation, though there might be such necessity, wise and salutary measures could now be established. They, therefore, recommend that tho whole question may be left in the hands of the people for their action at another time and under more auspicious circumstances.
WILSON SMITH,
ROBERT HUEY,
THOMAS Q. LEE.
Mr. OYLER. I understand our Democratic friends desire to discuss this matter; and as I myself, members of the committee, and those who agree with me in regard to matters contained in this joint resolution have no disposition to dodge or blink discussion, I would like an arrangement to be now made that the matter may be made the special order for some day not far hence, so that everybody can be accommodated.
Mr. CULLEN. I am opposed to the suggestion of the Senator. Every member of the Union organization in Indiana, especially those in this Senate, have discussed and rediscussed the principles involved in this resolution, and we are prepared to vote. If there is to be any discussion upon it, of course let us now hear what our friends have to say against its adoption; but I am opposed, sir, to putting this thing off another day or another hour. Let us emulate the example of other States in regard to this matter, and vote upon it with out delay.
Mr. BENNETT. As far as I am concerned, although I introduced this resolution, I do not intend to say one word upon it. I had intended simply to say what the Senator from Rush [Mr. Cullen] has just said. I know he expressed the desire of the Republican party on this floor, for I have talked with most of the Senators I thought would want to discuss it. and they think every Republican in the State of Indiana fully understands the question - it has been discussed from every stump and school house - the people have voted for it, and we know where they stand. Out of respect to the minority of this Senate, if they desire to discuss it (I understand they are ready,) I should like to hear them. Then, I propose we take the vote, and I hope no Republican member will cause unnecessary delay by discussing the question.
Mr. TAGGART. I would like to have this matter set for some other day, from the fact that I was called home the other day, and have just returned to my place. I would like to have time to examine this matter before called to vote upon it; nevertheless, if my friends on this side of the House can let it go, I shall acquiesce.
The LIEUTENANT GOVERNOR. The question is not on the passage of the resolution, but on the disposition of the report of the committee. In its regular order the joint resolution would come up on its passage.
Mr. CULLEN. I move to concur in the majority report.
Mr. HANNA. The pending joint resolution contemplates four amendments to the Constitution of the United States, with an additional enabling section, conferring upon Congress the power to give them force and effect by appropriate legislation. The question thus resolved, at once assumes proportions of the gravest importance, for it becomes a question whether the great magna charta of our cherished institutions, under the present circumstances, can be changed at all, and whether the change proposed, if accomplished, will not diminish our stability as a civil government, and endanger our safety and prosperity as a people. It proposes to change the whole organic structure of our Government. It does not purpose merely to lop off from the trunk of the old oak a crooked and leafless limb that is thought to be useless, or to engraft upon some branch of its noble arms additional luxuriance and beauty, but it lays the ax to the roots of the tree itself. This is threatened revolution; dark, dismal, direful revolution; not civil revolution only, but moral revolution, most appalling in its quality, and terrible in its results. The day and the hour are not auspicious for reforming great, cardinal, fundamental, original principles in our form of government. We have been told repeatedly by Presidents, Governors, and other heads of departments, that our dreadful civil conflict was inaugurated, prosecuted and fought out for the maintenance of the Federal Constitution, and the preservation of the Union of States under it. Let that promise first be made good. If it has been a war for the preservation of the Union, let us first have union before we proceed another step further. If it has been waged for the maintenance of the Constitution, let us have the Constitution, the Constitution unimpaired, or let us throw it away altogether; deny that we have been honest in our declarations; deny that we want a republican government, and at page: 45[View Page 45] once assert that we are in favor of a new Constitution and a new Government Let us do one thing or the other. We must do it; there is no escape; the choice is inevitable. Senators stand here and deliver eloquent eulogies on the Constitution of the United States, while at the same time they place themselves in open opposition to the most palpable requirements. They stand by it so long as it suits their individual ends, and the purposes of their party; but beyond that their reverence ceases, and their obedience changes to renunciation. Its friends and its enemies must occupy different space. There are but two sides to the question. We must be for it, or else we must be against it. To stand by it is to obey it, obey it strictly, in all its parts, in its spirit and in its letter. Anything short of that, is infraction, disobedience, opposition, violation. When we came into this body, we were sworn to support it, all of it, without conditions and without reservations. But we are now asked to engraft amendments upon it that will be in open and flagrant violation of its very letter. Can Senators tell us they are the friends of both? Such a position is inconsistent with itself, and can not be maintained. To favor the amendment is to oppose the Constitution. That we may sustain the one, we must be adverse to the other. The two propositions are at war with each other incompatible, incongruous, and wholly unsusceptible of harmony. The proposition is to amend the Constitution of the United States, while the friends of the measure tell us that the States of the Union are not united that ten of them are dismembered States, lost States, dead States, States without life, and States that may be deprived of representation in the Federal Congress. The position is not simply absurd, but it is monstrous! If one single State has been withdrawn from the great confederation, over which our fathers established our written Constitution, the Union is dissolved; and we are no longer the United States of America, bound by its written Constitution. Unless this Government is a self-preserving government, unless the several States, its competent parts, can at all times, and under all circumstances be kept alive, maintained in their identity, forever joined together by the bonds of equality, and preserved in all their functions as representative States, the Union is a nullity, and its Constitution a mockery. There is but one way by which amendments to the organic law of this Government can be made good, and that is the way prescribed by the Constitution itself. In the very first step to be taken, it requires the co-operation of all the States in the federal Congress. There are no exceptions to the rule - there can be no exceptions - and one line, letter or word of it can in no wise be amended in any other way.
After speaking at length of the power of the present Congress to propose constitutional amendments, he pronounced this a measure to strengthen and perpetuate the ascendancy and control of a political party. Its most potent advocates have said so on the floors of the National Congress, where it had its origin, and we must be permitted to take them at their word. It is not ite a conscript measure, but it is a measure to the same effect. It is a measure of alliance, with a new element of doubtful quality, proceeding from an inordinate love of place and power. It is a measure of the Radical party, to enfranchise the negro population of the United States, in the interests of the Radical party. There can be but little controversy about that. The politicians, on the near approach of popular elections, may deny it, but the statesmen of that party, who shape its ends and give it its vitality, hold that position. This whole scheme is nothing more nor less than a measure of the Northern States against the Southern States, for punishment as against them, and for the increase of power as its results will affect us. It leaves no place for the foothold of justice, it makes no room for the throne of reason, it promulgates no principle that should live for its own sake, and for the good it will achieve in the interests of mankind. It is all the other way, wrong in its origin,wrong in its designs, wrong in its results.
Mr. H. continued his remarks until he had consumed one hour and thirty minutes time.
Mr. BENNETT. Believing as I do that Senators on our side of the house do not desire to discuss this question, and believing they desire to be heard through their votes, thereby ratifying the emphatic and overwhelming voices of the people at the last election, I will demand the previous question. We all can sit by the hour out of respect for the dead and hear a funeral dirge and listen to the old song:
"Hark from the tombs a doleful sound,"
but, sir, I think these gentlemen have been satisfied, and I think we have allowed the minority ample opportunity for discussion, for I do not think that any of them can say any more or say anything any abler than the Senator who has just taken his seat. I therefore move the previous question on the adoption of the report.
Mr. SHERROD. I hope the Senator will not force that motion. I would like to submit a few remarks at this time, for I feel that this is a very grave question, and a question I should like to make a record on in the shape of a few remarks. I promise page: 46[View Page 46] I will not detain the Senate but a short time.
Mr. NILES. I ask the Senator from Fayette [Mr. Bennett] to withdraw his mo-motion in order that I may submit a report concerning the ventilation of this chamber, in which every Senator is interested.
Mr. BENNETT. Certainly, for that purpose only.
Mr. NILES submitted a report from the special committee thereon, recommending the placing of ventilators near the floor and top of the chimneys, &c.
The report was concurred in.
Mr. NILES then offered a resolution, which was adopted, directing the Librarian to carry into effect the recommendations of the committee.
The LIEUTENANT GOVERNOR. Does the Senator from Fayette now insist on his demand for the previous question?
Mr. BENNETT. I do.
The Senate refused to second the demand for the previous question - affirmative 17, negative 19.
Mr. SHERROD spoke for three quarters of an hour in opposition to the measure proposed to be adopted, declaring it to be a violation of the plainest provisions of the Federal Constitution. It was not adopted by two-thirds of the Congress of the United States, because nearly one-third of the States were excluded from representation in both Houses, although their State Governments were thoroughly organized, and they had elected members who had appeared at the proper time and claimed their seats. Then, again, the proposed amendment is not a complete legislative act, because it was not presented to the President of the United States, as is expressly required by the Constitution. It is utterly inexpedient, unjust, and destructive of our form of Government for three-fourths of the States, on any pretext, to seek to tamper with or regulate the right of suffrage in the several States, as is contemplated in the second section; and this fact alone is fatal to the character of the pending amendment. The third section, proscribing certain classes of men in the South, is so contrary to the theory of our Government, and so oppressive, that it can not be supposed those who proposed it entertained a single hope that it would be accepted. It is calculated to endanger the existence of the Government, as revolutions may always be expected, sooner or later, from acts which disenfranchise the enfranchised class. Take from each State the right to determine who shall be voters therein, and vest that power in three-fourths of the States, and you strike a blow that will destroy the very foundations of our liberties. Mr. S. urged objections against other portions of the proposed amendment; recited reasons why we should be content with what the North has gained in the late civil struggle; and closed by declaring that when the principle of State rights - of local self government - shall be abandoned by the representatives of the American people, the day is not far distant when our boasted liberties will have found their grave beneath the dark waves of despotism.
[A message from the Governor informed the Senate that W. R. Holloway would be his Executive Messenger.]
Mr. BENNETT. I again renew my motion for the previous question, upon the adoption of the report of the majority of the Committee.
Mr. VAWTER. Will the Senator withdraw that motion for a moment.
Mr. BENNETT. Certainly. I know what you want.
Mr. VAWTER. Some five or six weeks ago I prepared a speech on this question, but do not expect to deliver it on account of the condition of my health. Ordinarily I do not give reasons for my vote, but I am opposed to this Constitutional Amendment, and desire that my reasons be printed with the BREVIER LEGISLATIVE REPORTS.
MANY SENATORS. - "Consent," "consent."
The LIEUTENANT GOVERNOR. It is so ordered by the Senate.
Mr. CULLEN. Why not extend this privilege to all gentlemen who desire to make a record on this question?
MANY SENATORS. - '"Consent," "consent."
Mr. BENNETT. I insist on my demand for the previous question.
The demand tor the previous question was seconded - affirmative 26, negative not reported.
The question being "Shall the main question be now put?" it was so ordered by the Senate.
The report of the committee was then concurred in by yeas 29, nays 18.
Mr. BENNETT. I move that the rules be suspended in order that the joint resolution may be considered as engrossed, read the third time now and put upon its passage; and upon that I demand the previous question.
The motion was agreed to.
The joint resolution [S. 1] ratifying the constitutional amendment, was then read the third time and finally passed the Senate by yeas 29, nays 18, as follows:
YEAS - Messrs. Armstrong, Bellamy, Bennett Bonham, Brown, Cason, Church, Cravens, Cullen, Cumback, Houghton, Hyatt. Jaquess, Johnson, Kinley, Lewis, Milligan, Niles, Noyes, Oyler, Parrish, Reagan, Rice, Richmond, Stein, Terry, Thompson, Ward and Walcott - 29.
NAYS - Messrs. Barker, Bowman, Carson, English, Gifford, Hanna, Huey, Huffman, Humphreys, Lee, Mason, Newlin, Sherrod, Smith, Staggs, Taggart, Turner and Vawter - 18.
page: 47[View Page 47]Mr. VAWTER asked and obtained leave of absence for Mr. Hunt, who has gone home to prepare for the contest to be made for his seat.
And then the Senate adjourned.
