“It is proposed, by a solemn provision of the Constitution, to declare that certain persons shall not be included in the basis of representation. I think, in justice to them, they should not be taxed. You ought not to repeat in the Constitution the tyranny of taxation without representation. In so many words, you are about to despoil fellow-citizens of representation, and I say, that, not to be inconsistent with your own institutions and with the principles upon which your government is founded, you must exempt them from taxation.”
The amendment was rejected.
The question then came on the passage of the House proposition, when the vote stood,—
Yeas,—Messrs. Anthony, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Howe, Kirkwood, Lane of Indiana, McDougall, Morgan, Morrill, Nye, Poland, Ramsey, Sherman, Sprague, Trumbull, Wade, Williams, and Wilson.
Nays,—Messrs. Brown, Buckalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Henderson, Hendricks, Johnson, Lane of Kansas, Nesmith, Norton, Pomeroy, Riddle, Saulsbury, Stewart, Stockton, Sumner, Van Winkle, Willey, and Yates.
Absent,—Messrs. Foot, Howard, and Wright.
The Chair then declared: “On this question the Yeas are 25 and the Nays 22. Two thirds of the Senators present not having voted for the joint resolution, it is not agreed to.”
This vote showed the judgment of the Senate at that time. But, in order to keep the question open, it was, on motion of Mr. Henderson, reconsidered. Mr. Doolittle, of Wisconsin, then moved a substitute, basing representation on qualified voters, and also regulating direct taxes. Mr. Sherman, of Ohio, offered another substitute, founded on qualified voters, but with nothing on direct taxes. While these were pending, the subject was postponed on motion of Mr. Fessenden, and never resumed.
Much feeling was manifested by some of the supporters of the House attempt at amendment, when its defeat was known. Mr. Stevens, of Pennsylvania, took an early occasion to say:—