The Congressional Globe: Containing the Debates and Proceedings of the Third Session Fortieth Congress; Together with an Appendix, Comprising the Laws Passed at that Session Page: 912

                                
912
TBI (>0ivGBESSIO^AI, GLOBE.
February 5,
tie the question for alf time of negro -
in the insurgent States, where it Has lately been
extended under the pressure of congressional
legislation, and will preclude the possibility of
aayfufcuredenial of this privilege by any change
of the oonatitutions Of those States.
.-5. In those States where the colored race
are nnmesous and remain unenfranchised, the
adoption of• this amendment will remove- a
source of disquiet and danger. An emanci-
pated race,'subject to our laws, with no voice-
in ordaining them—subjeot to taxation, and
yet with outre presentation—required to bearall
the burdens of civil society Withoatany author-
ity, to impose or regulate those burdens, mast,
in the course of time, if they ever rise to any
considerable degree of intelligence, become
dissatisfied and restive under a sense of their
degradation, and thus be disposed to revolt
against the injustice and tyranny which oppress
them ; or, sinking under this injustice and
tyranny into a state of hopeless despondency,
they will degenerate into a class of mere lazza-
roni, and become pests to society and a bur-
den to the State.
6. The enfranchisement of the negro will
remove him from thearena of national politics,
and filial^ relieve the country from those con-
flicts of opinion and passion which have been
disturbing the public tranquillity and' retarding
the progress and prosperity of the nation ever
since the Revolution. - He will then not only
be made equal before the law, but equally on-
titled, with all others, to make and administer
the law. " Let us have peace."
7. Suffrage is the only sure guarantee which
the negro can have, in many sections of the
country, in the enjoyment of his civil rights.
Without it his freedom will be imperfect, if not
in peril of total overthow. The ballot will be
a safer shield than the laws.
8. adoption of this amendment will
place all the States on an equality in respect, of
negro suffrage. The'exigencies growing out of
the late rebellion made it necessary to impose
this suffrage on ten of the insurgent States,
where a large majority of the colored race
dwell. Several of the other States have volun-
tarily enfranchised the negro. lie is now enti-
tled to vote in eighteen or twenty States. If
he is entitled to vote in these States, why not
in all ? The adoption of this amendment will
remove all complaint of unjustdiscrimination,
and the remonstrance of the southern States
that the other States have imposed on them
burdens and evils which the latter were unwill-
ing to share, will be met and answered.
W. Summing up the whole, I believe the
political enfranchisement of the colored race in
this country is required not only by considera-
tions of policy and expediency, but also by the
demands of justice to the negro, by the prin-
ciples of human liberty, and by the spirit of
Christian civilization.
10. And finally, our action here is only initia-
tory. The passage of this bill does not impose
negro suffrage on a singlo State or a single man.
Senators argue as if it did. They denounce the
Republican party as guilty by supporting this
measure of violating the faith of the party as
pledged in its platform of last summer; because
they say that this platform proposed to leave
the question of negro suffrage, excepting in
those lately in rebellion, to the States them-
selves. Well, sir, that is precisely what this
bill proposes to do. It refers the question to
the States in the manner prescribed bythefund-
amental law. It is not a law; it is only aprop-
osition. It does not create negro suffrage in
any State; it simply asks the Slates whether
they will, nave it established or not. It is, in
fact, nothing more than an appeal to the people
through their immediate representatives in the
several Legislatures of the States to decide in
the mode and under the provisions of the Con-
stitutionwhether or not they desire negro suf-
frage. Wecauonly-propose; they mustdeterm-
ine. If their decision be favorable, I shall
rejoice; if adverse, I shall regret it; but with
this consolation, that an adverse decision will
itself'be subject to review—a reviewby the peo-
ple themselves. And whatever ni'ay be the
result noriy the time is not distant/ when' there
will be no political disfranchisement in this
country on account of race, color, or previous
condition of slavery. 'That time wilLoSme" as
surely as "truth is mighty and shall prevail
as surely as -the prophetic fulfillment of' the
universal triumphs'of Christianity; assurelyas
Grod reigns, and " hath made of one blood all
nations of men to- dwell' on the 'face of the
sarth. '' • ■
Mr!-BUCKALEW. Mr. President, I sup-
pose our reporters have' A sufficient amount of
matter-for'writing out before the Senate-reas-
sembles again to-morrow, and it 'rfill- not be
convenient (o them nor convenient to the Sen-
ate, I suppose, that I or any other member
should at this time-enter upon a speeeh of any
considerable length; but I propose to occupy
a few moments in speaking upon a point which
has not been referred to "in the debate, and
which does not require any very elaborate dis-
cussion. I propose to say now what I have to
say upon that point, and not trouble the Sen-
ate during the session to-mortow, or at any
time when there is a pressure upon it.
I have proposed for submission to this reso-
lution an amendment, which I will thank the
Clerk, if he can put his hand upon it, to read.
It is very brief, and relates to the manner of
submitting this proposition of amendment to
the Legislatures of the States.
The Chief Clerk fead -the amendment in-
tended to be proposed by Mr. Buckalew, -which
is to add at the end of the resolution the follow-
ing:
Thnt the foregoing amendment shall be submitted
for ratification to the Legislatures of the several
States, the most numerous branches of which shall
be chosen next after tho passage of this resolution.
Mr. BUCKALEW. Mr. President, the regu-
lation of the manner in which amendments
shall be passed upon by the States when sub-
mitted to them is a question of importance.
Does this power reside in Congress, or is it a
power possessed by the several States exclu-
sively ? In other words, have we only the power
of proposing amendments to the Legislatures
of the States, or of proposing amendments for
consideration by conventions in the States,
leaving it to the States themselves to regulate
the whole proceeding upon the question of
ratification, and not only regulating the pro-
ceeding as to the manner in which it shall be
conducted, but also as to the important question
of time ?
To prefaoo what I propose to submit on this
point, I will read the fifth article of the Con-
stitution of the United States. It is as follows:
" The Congress, whenever two thirdsof both Houses
shall deem it neoeseary, shall propose amendments
to this Constitution, or, on tho application of the
Legislatures of two thirds of the several States, shall
call a convention for proposing amendments which,
tn either caso, shall be valid to all intents and pur-
poses as part of this Constitution when ratified by
the Legislatures of three fourths ofthoscveral States,
or by conventions in three fourths thereof, as thoono
or the other mode of ratification may be proposed by
Congress : Provided., That 110 amendmentwhich may
be made prior to the year 1808 shall in any manner
affect"—
certain clauses of the Constitution.
Mr. President, 1 contend that by necessary
implication Congress has additional power be-
yond that expressly set forth, beyond the mere
submission to the States of an amendment or
amendments to the Constitution. I insist that
we can submit the resolution with a limitation
of time as to when it shall be considered. I
insist that we can make other regulations which
may pertain to thenecessary proceeding, either
in regard to its initiation, to its progress before
the States while it is considered, or as to final
action upon it.
My amendment proposes to submit the con-
stitutional amendment covered by this joint
resolution for ratification to the Legislatures
of the several States, the most numerous
branches of which shall be chosen next after
the adoption of this resolution by Congress,
and to confine its consideration to those Leg-
islatures of the respective States who shall be
so elected immediately or next after we adopt
the resolution, &nd m viewpfit',' tod who shall
assemble: in ptfrsuaucfe of their several local
constitbtionsfora performance of theirgetlferal
duties," among others thisdutv of passing updh
amendments td the- Constitution which Con-
gress may submit to them.
Now, sir, What are the ftcts iti regafd to the
last amendment which'was submitted by Con-
gress' to th^ several Slates 7' Twd'ormore
States proceeded by formal act of'thgir Legis-
latures to ratify the amendment, anda'ffei-ward,
at succeeding sessions, proceeded' 'to- witlidifaw
that ratification-, to withdraw the assent which
they, in the first, instan'ce, -had giveii. 'In'the
case of one, and';perhips"' more—I recollect
distinctly in the ease of one' Stiite—tho consti-
tutional amendMewt was rejected by the Legis-
lature, and at the next session, opinion haying
changed inthat State, the Legislature proceeded
to ratify it. You see what confusion in ay arise
in the action of the States upon an amendment
submitted by Congress in case We do not decide,
when we submit such amendment, what.author-
ity shall act upon it.
I am not in favor of submitting this amend-
ment, or any other amendment, under ordi-
nary circumstances, to conventions in the sev-
eral States, not so much for the reasons which
were stated by;the Senator from Connecticut
[Mr. Ferry] as because of-the-inconvenience
and expense which is entailed upon the peo-
ple of the States by that mode. That is a
reason which has always operated upon Con-
gress since the Governmeji't was founded,along
with other considerations, to prevent the sub-
mission of any amendment to conventions of
the people in the several States—a form of
submission which it is competent for Congress
to adopt. I take it for granted that the prac-
tice of thd G-overnment always will be, unless
under very extraordinary circumstances, to
submit amendments to the action of the Legis-
latures of the several States.
But, sir, it will be wise and becoming also
for Congress to adopt some rule with regard
to the submitting of amendments to the Legis-
latures ; and what better rule can be adopted
by it than to submit them to the Legislatures
of the several States who shall be chosen next
after the amendment is submitted, the legisla-
tors who are chosen when the people tinder-
stand that the amendment is to be submitted
to them, and who act in selecting those legisla-
tors in full view of that consideration It is
true that in most, if, not all of the States one
branch of the Legislature has a taore perma-
nent tenure of office than the other. ' -
The members of State senates are elected
for two, three, or four years; and perhaps we
cannot attain exactness of principle, or a com-
plete application of a principle in establishing
such a rule; but in all cases we can secure that
in the most numerous' branch of the State
Legislature where there shall be a fresh body
of members always to act upon constitutional
amendments submitted by us ; and ordinarily
the other branch of the Legislature is partly
elected at the same time; so that, substan-
tially, by such a rule we shall secure to the
people of the several States about the same
advantages in considering and acting upon
amendments which they would have if we sub-
mitted amendments to conventions in the sev-
eral States, and avoid all the inconveniences,
all the expense, and all the other objections
which lie against submitting amendments to
conventions. We shall have all the advantages
of a convention system, and all the advantages
of a legislative system as to the ratification of
the amendment which we submit; and we shall
give to the people of the United States every-
where a full consideration, an opportunity to
fully examine the proposition which we sub-
mit, and to express their will completely or
with a completeness approximating to perfec-
tion in the selection of the persons who are to
act upon the question of ratification in the sev-
eral States.
I insist, then, that this amendment"which I
propose, upon all grounds of legitimate argu-
ment. is not only one fit to be adopted, but one