History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

Mr. Morrill, of Maine, addressed the Senate in support of the proposition to amend the Constitution. He said: "Some amendment is rendered absolutely necessary, unless the American Constitution is to give to the nation the expression of utterly contradictory sentiments, saying involuntary servitude no longer exists, in one portion of it; in another, bearing on its front in marked contrast, that three-fifths only of the 'other persons' are to still constitute the basis of representation."

He recalled a time not far remote when amendments of the Constitution were adopted by those who now oppose any alteration of the fundamental law: "I do not forget," said he, "that within the last five years a class of statesmen and politicians, who now resist all propositions for an amendment of the Constitution, here and elsewhere urged and demanded amendments of the Constitution of the nation. What were the circumstances then? Several States threatened to dissolve this Union; several States had taken an attitude hostile to the Government of the country. They demanded the extension, the protection, and the perpetuation of slavery; and upon that question the country was divided. Then amendments to the Constitution were proposed without number here, elsewhere, and every-where. Amendments to the Constitution seemed to be the order of the day. To what end, and for what purpose? To increase the power in the hands of the few who wielded the political power in those States, and who were demanding it.

Referring to an argument presented by the Senator from Wisconsin, Mr. Morrill remarked: "But yesterday we had an additional reason given why this amendment should not be adopted; and that was that it was wholly unnecessary, because, it was said, by the events which were transpiring in the country in regard to the recent slave population, there need be no apprehension of excess of representation based on the whole 'numbers' instead of three-fifths, from the important fact that they were passing away. If I gather the force of that argument, it is this: we are to base no legislation and no action upon the idea that this race, recently slave, now free, is part and parcel of the American people, the object of our care, solicitude, and protection. They are passing away—dying; let them be represented as slaves now, and let them never enter into the basis hereafter of the representative system. Sir, that is the old argument—an argument worthy of another period than this. Our people have been an inexorable people, in some respects, in regard to the races that have been within their power. In the march of our civilization across the continent, the iron heel of that civilization has rested upon the Indian, and he is passing away. We seem to contemplate the probable extinction of the Indians from our limits with composure. He is a nomad; he is a savage; he is a barbarian; he is not within our morals or our code of law; he is not within the pale of the Constitution, but flits upon the verge of it, outside our protection, the subject of our caprices, and sometimes, I think, of our avarice. And, now, if any consequence is to be attached to the remark of the honorable Senator from Wisconsin [Mr. Doolittle] yesterday, this 'inferior race' is not to be the subject of our solicitude. They, too, are passing away; it is not worth while to change your Constitution in regard to them. Let them be represented as two-fifths slaves on the old basis until they shall have perished, and then your Constitution will need no amendment. The laws of a fearful antagonism of superior and inferior races are expected to accomplish what, if American statesmanship does not incite, it contemplates with apparent satisfaction."

Mr. Wilson, of Massachusetts, profoundly regretted to see indications that the amendment was doomed to defeat. He said: "My heart, my conscience, and my judgment approve of this amendment, and I support it without qualification or reservation. I approve of the purpose for which it is introduced. I approve it because I believe it would sweep the loyal States by an immense majority; that no public man could stand before the people of the loyal States in opposition to it, or oppose it with any force whatever. I approve it because I believe if it were put in the Constitution every black man in America, before five years could pass, would be enfranchised and weaponed with the ballot for the protection of life, liberty, and property."

Referring to the opposition brought to bear against the measure by his colleague, Mr. Wilson said: "We are also told that it is immoral and indecent, an offense to reason and to conscience. Sir, this measure came into Congress with the sanction of the Committee on Reconstruction, composed as it is of men of individual honor and personal character, and as true to the cause of the colored race as any other men here or elsewhere. It comes to the Senate by an overwhelming vote of the House of Representatives. It is sustained by ninety-nine out of every hundred of the public journals that brought the present Administration into power, and were it submitted to the American people, it would, I am quite sure, be sustained by men in the loyal States who believe that the soldier who fought the battles of the republic is the equal of the traitor who fought against the country. I see no compromise in it, no surrender in it, no defilement of the Constitution in it, no implication that can be drawn from it against the rights or interests of the colored race. On the contrary, I believe the black men, from the Potomac to the Rio Grande, would go for it and rejoice to see it adopted."

Mr. Wilson described the results that would follow the adoption of this amendment. "Being incorporated in the Constitution, the practical effect would be this, and only this: it would raise up a party in every one of these States immediately in favor of the enfranchisement of the colored race. That party might be animated and influenced by the love of power, by pride, and by ambition. These men might begin the contest, for they would not like to yield the power of their States in Congress; they might begin the battle animated by no high and lofty motives; but as soon as the discussion commenced, it would address itself to the reason, to the heart, and to the conscience of the people. The advocates of negro enfranchisement would themselves speedily grow up to believe in the justice, equity, and right of giving the ballot to the black men. There would be discussion on every square mile of the rebel States. Appeals would be made to their pride, to their ambition, to their justice, to their love of fair play, to their equity; all the interests and passions, and all the loftier motives that can sway, control, and influence men, would impel them to action. They would coöperate with the friends of freedom throughout the country; would seek their counsel and aid. They would be the left wing of the great army of freedom, of elevation, and improvement in the country. We would give them our influence, our voices, and our aid in fighting the battle of enfranchisement. They would have the support and the prayers of the poor black men of the South; and before five years had passed away, there would not be a rebel State that did not enfranchise the bondman."

Referring to the policy of "enlightened Christian States," in refusing the right of suffrage to the negro, Mr. Wilson said: "After all the fidelity and heroic conduct of these men, prejudice, party spirit, and conservatism, and all that is base and mean on earth, combine to deny the right of suffrage to the brave soldier of the republic. God alone can forgive such meanness; humanity can not. After what has taken place, is taking place, I can not hope that the constitutional amendment proposed by the Senator from Missouri will receive a majority of three-fourths of the votes of the States. I, therefore, can not risk the cause of an emancipated race upon it. In the present condition of the nation we must aim at practical results, not to establish political theories, however beautiful and alluring they may be."

It was the understanding of the Senate that the discussion would close and the vote would be taken on the 9th of March. On that day Mr. Fessenden took the floor in reply to objections urged by those who had previously spoken. In reply to the objection that the advocates of this measure were wrong in attempting to accomplish by indirection that which they could not accomplish directly, Mr. Fessenden said: "If negro suffrage can be secured by the indirect action of an amendment of the Constitution which appeals to the interest of those who have hitherto been and who are yet probably the ruling class among whom this large population is situated, and with whom they live, it will be far better than to run the risk of all the difficulties that might arise from a forcible imposition, which would create ill-feeling, generate discord, and produce, perhaps undying animosities."

To the objection urged by Mr. Hendricks, that it was intended for a party purpose, Mr. Fessenden replied: "Has he any right to attack the motives of those who support it? Must it necessarily be attended with benefit to a particular party? If so, it is necessarily attended with injury to another party, of which the honorable Senator is a prominent member; and it would as well become me to say that his opposition to it is for party purposes and for party objects as it became him to say that its introduction and its support were intended for party purposes. It is well known here and out of this Senate that the honorable Senator from Indiana is a gentleman who never, in any of his addresses here, says any thing that is in the slightest degree calculated to effect a party purpose, and has so little of that party feeling which presses itself upon other men as to be hardly suspected of being a party man at all." [Laughter.]

Mr. Fessenden thus replied to the objections of two opponents of the measure: "The Senator [Mr. Hendricks] objected to this measure upon another ground, and that was, that in one sense it was intended as a punishment, and that was wrong; and in another sense it was what he called a bribe, a reward, and that was wrong. If he considers it a punishment, he differs very much from his leading associate on this question, the honorable Senator from Massachusetts, [Mr. Sumner,] for he does not consider it a punishment at all. The Senator from Massachusetts says there is nothing punitive in it. On the contrary, it is a reward to these States; it is conferring power upon them; it is strengthening power in the hands of the whites of the South, and only oppressing the colored race. Behold how doctors disagree! They operate upon the same patient, and are operating at the same time, with different remedies and in different directions.