The Congressional Globe: Containing the Debates and Proceedings of the First Session of the Thirty-Ninth Congress Page: 2,770
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2770
THE CONGRESSIONAL GLOBE.
May 23,
mittee. I know the difficulties of their task.
I know the great variety of opinions that pre-
vail on this subject. I know its importance.
I know that the committee lias been most un-
reasonably assailed from outside because it has
not earlier brought forth its measures. My
only wonder is that they could finish their
labors and bring forward these propositions one
after another as they have done, and so satis-
factorily as they have. When I offer this amend-
ment of mine, I only do it for the considera-
tion of the Senate, and not because I havQ.the
vanity to suppose that I could improve anything
they had agreed upon. It may be that after
men have struck out a course of proceeding,
have broken the road, and submitted their
doings to us, it is easy to criticise and some-
times easy to amend. That is all I claim. I
do not suppose that if I had been on the com-
mittee I could have drawn up a proposition so
good as this is that they have brought forward;
and yet it seems to me, having the benefit of
what they have done, that looking it over, re-
flecting upon it, seeing all its weak points, if
it have any, I could, without having the ability
of that committee, suggest amendments that
would be beneficial. 1 trust I have done so,
or certainly ! would not have brought this for-
ward. If it meets the approval of the Senate
I shall be glad, because to me it seems to be
better; but if not, I shall go for their proposi-
tion. All I wished to do now was barely to
bring my amendment before the Senate and
submit it for their consideration. Hereafter,
perhaps, I may or may not have something
more to say about it.
Mr. WILSON. If the Senator from Ohio
intends to press this amendment to a vote I
trust he will consent to some modification of
it. In the second section I think the word
"property" should he stricken out. That sec-
tion reads, "no class of persons as to the
right of any of whom to suffrage discrimination
shall be made by any State shall be included in
the basis of representation, unless such dis-
crimination be in virtue of impartial qualifica-
tions founded on intelligence or property, or
because of alienage, or for participation in
rebellion or other crime." I certaiffly think
we ought not to put the word "property" as a
qualification for suffrage in this country into
the Constitution of the United States. If we
are to have anything of that kind I think it
should be a qualification on account of taxa-
tion, not on account of property, but taxation,
paying a proportionate part to support the
Government. I do not think such a qualifica-
tion as this should go in the Constitution, and
I cannot vote for this proposition as against
the proposition of the committee. Then there
are words in the third section that I think
should be stricken out. Those words are,
"and shall not be taxable by any State."
Mr. WADE. Those words are not in the
amendment I have offered. They were in the
amendment as first submitted and printed, but
they are stricken out of the amendment as now
offered.
Mr. FESSENDEN. I think the proposition
had better be printed as it now stands amended.
Mr. WADE. Very well.
Mr. WILSON". I am very glad that the
Senator from Ohio has stricken out those words
which were in his original amendment. I wish
simply to say upon that point, that for one, I
can consent to vote for no proposition that does
not go squarely to the country, that the national
debt hereafter created shall be taxed like all
other property. I do not believe in the wisdom
of having two or three thousand millions of
capital in thiscountry placed beyond taxation.
Vy e did it in time of war, in an hour of need.
.."will adhere to that with all fidelity. It is as
sacred as any pledge we ever made, as sacred
as the blood of our soldiers. But I will con-
sent to no measure that changes one dollar of
that property into a new loan, and does not
subject it to taxation equally and like all other
property. I believe the safety of the debt
itself demands that.
Mr. WADE. Nothing more need be said
about taxation, for that is not in the amend-
ment I have offered. It was in the printed
copy I first, submitted; hut on consideration I
struck that out, thinking the amendment would
be better without it, more acceptable to the
Senate, and certainly more acceptable to my-
self. As to the suggestion of the Senator from
Massachusettsthattheword "property" should
be stricken out I will say that there is no mem-
ber of the Senate more opposed to making a
property qualification for voting than I am. I
never would vote for it nor submit to it if I
could help it. But it is presented here only as
one of those alternatives which the States may
adopt. Some of them have adopted it before,
and may do so again. It is only to be left
optional with them to do this and other things.
We do not recommend that they should do it;
we do not recommend even an educational
basis; we simply present the matter to the
States. Asa general thing the bias of my mind
is entirely in favor of free suffrage to every
man who is subject to the laws, in the language
of Madison. That is the principle which would
govern me if the matter were left to me ; but
we are now legislating with regard to the States,
giving them a right to fix this matter for them-
selves.
If the State of which I am a member, where
I could reach it, should undertake to prescribe
a property qualification, you would find me
opposed to it all the time. I am not very averse
to an amendment of my proposition which shall
strike out the word "property." I simply
thought it would be as well to leave that mat-
ter to the States and not to restrict their repre-
sentation if they should adopt a property qual-
ification applied to all, giving equal suffrage,
making no class discrimination. I am not very
much opposed to striking out, the word "prop-
erty ;" I should not like to lose a vote for my
amendment on that account,, although I did not
suppose it was placed in my amendment in such
a position as to subject me to the suspicion of
being in favor of the property qualification. If
the Senate is opposed to it, I am perfectly will-
ing that that word shall be stricken out, as I
think it can be without mutilating my amend-
ment. I now move that the amendment be
printed in the form in which I have submitted it.
'The motion was agreed to.
Mr. WILSON. As amendments are being
offered, I desire to submit an amendment, for
the purpose of having it printed, to the second
section of the article reported by the committee,
and also an amendment to the third section.
Mr. JOHNSON. I ask for the reading of
them.
The Secretary read the amendment proposed
by Mr. Wilson to the second section, which
was to strike out the section and in lieu of it
to insert the following words:
Representatives shall bo apportioned among the
several States according to tlieir respective num-
bers ; but if in any State the elective franchise is
or shall be denied to any of its inhabitants, being
male citizens of the United States, above the age
of twenty-one years, for any cause except insuj-
rection or rebellion against the United States," the
basis of representation in such State shall be re-
duced in the proportion which the number of male
citizens so excluded shall bear to the whole number
of male cirixens over twenty-one years of age.
Mr. WILSON. Before tlie other amend-
ment is read, I wish to state in a single word
the distinction between the proposition just
read and the section of the committee's propo-
sition for which it is offered as a substitute.
In the original proposition the language is
" citizens of the State," in this it is " inhabit-
ants being male citizens of the United States."
I think the distinction is of vital importance.
Now, let the Secretary read my other proposi-
tion.
The Secretary read theproposed amendment,
which was to strike out section three, and in
lieu of it to insert the following:
^hat no person who has resigned or abandoned or
may resign or abandon any office under the United
States, and has taken or may taltc part in rebellion
against the (xovernment thereof, shall be eligible to
any office under the United States or of any State.
Mr._ WILSON. I will siimily say in regard
i to this proposition, which I desire to have
printed, that I am in favor of striking out the
third section of the proposition of the commit-
tee, and I prefer simply to strike it out rather
than to insert anything in place of it; but I
submit this motion so that if we are to have
anything inserted in its place, we shall give the
people an opportunity of voting upon a propo-
sition which says that the men who resigned or
abandoned offices under the Government of the
United States, whether civil or military, and
engaged in rebellion, shall never hold any office
under the Government of the United States,
or under any State.
Mr. FESSENDEN. I wish to suggest to my
friends that if they desire to offer amendments
it would bo better to move each amendmentsep-
arately, either in the place of some section
in the'resolution reported by the committee,
or as an addition. The difficulty of presenting
propositions together as a substitute for the
whole is that we are compelled to vote upon
them as a whole. If a Senator wishes to sub-
stitute one provision for another, let that be a
motion distinct by itself.
Mr. WILSON. Mine is.
Mr. FESSENDEN. But the honorable Sen-
ator from Ohio has moved a substitute for all
the five sections of the article reported by the
committee. Perhaps I might vote for some one
of the sections he proposes, but I cannot for
all together. The purpose can be accomplished
by simply moving one section as a substitute
for another, or by offering his amendments as
additional provisions.
Mr. WADE. Well, I can take that course.
The PRESIDING OFFICER, (Mr. Hen-
dricks in the chair.) But one of the amend-
ments proposed by the Senator from Massa-
chusetts is now in order. The Chair under-
stands the Senator, however, to propose his
two amendments simply with a view of their
being printed. Is there any objection to the
reception of both amendments with a view to
their being ordered to be printed?
Mr. CLARK. I suppose these amendments
are all offered for the purpose of bringing them
to the knowledge of the Senate and having them
printed, and that no rule of the body will be
enforced upon them.
.The PRESIDING OFFICER. If that be
the unanimous wish of the Senate, it will be
so ordered.
Mr. CLARK. I propose to offer as an
amendment to the third section the proposition
which I read some time ago to the Senate, but
it would not be in order for me to do so now if
any rule of the Senate was to be enforced upon
it. I desire to offer an amendment to the third
section, for the purpose of having it printed.
The PRESIDING OFFICER. If there be
no objection the order will first be made to
print the amendments submitted by the Sena-
tor from Massachusetts. The Chair hears no
objection.
Mr. CLARK. I desire to offer this as a
substitute for the third section of the commit-
tee's resolution :
No person shall be a Senator or Representative in
Congress, or be permitted to bold any office under
the Government of the United States, who, having
previously taken an oath to support tbeponstitution
thereof, shall have voluntaiily engaged in any insur-
rection or rebellion against the United States, or
given aid or comfort thereto.
I wish also to propose an amendment to the
section in regard to the rebel debt, in these
words:
Debts incurred in aid of rebellion or war against
the United States are illegal and void, shall hot be
enforced in any couit, or assumed or paid by (he
United States or any State, or by its authority; nor
shall any compensation ever be made for the loss or
emancipation of any slave.
I prefer to make the provision in regard to
tho_ rebel debt a little more specific and to go
a little further. I am not content to say that
it shall not be paid by the United States or
any State, but I want to saj that it shall not
be enforced in any court, either in an action
or byway of set-off'; nor shall any debt incurred
by any city or municipal corporation in aid of
rebellion ever be paid. I do not want that any
citizen of my State or any citizen of any other
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United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the First Session of the Thirty-Ninth Congress, book, 1866; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30866/m1/852/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.