Referring to Mr. Davis' programme for the President's interference with the Senate, Mr. Wilson said: "Sir, there was a time when a Senator who should have said what we have recently heard on this floor would have sunk into his seat under the withering rebuke of his associates. No Senator or Representative has a right to tell us what the Executive will do. The President acts upon his own responsibility. We are Senators, this is the Senate of the United States, and it becomes us to maintain the rights and the dignity of the Senate of the United States. The people demand that their Senators and Representatives shall enact the needed measures to restore, at the earliest possible day, the complete practical relations of the seceded States to the National Government, and protect the rights and liberties of all the people, without regard to color, race, or descent."
Mr. Fessenden, having the resolution in charge, made a second speech, in which he answered objections which had been urged, and defended the Committee of Fifteen against imputations of a disposition to delay the work of reconstruction.
Mr. McDougal took occasion to say a few words against the resolution. He said: "I would not dare to vote for this proposition, because I have some regard for the great Judge who lives above. The question pending now, as practically useless as it will be as rule, is yet mischievous. It is in the way of teaching bad precedents, false law, unsound loyalty. These things are like the worms that eat into the majestic oaks which are used to build vessels to ride the sea, and decay their strength, so that they fall down and make wrecks of navies."
Mr. Hendricks had moved to amend the resolution by inserting the words "inhabitants of" after the word "States." This amendment was rejected. The Senate then proceeded to take the vote on the concurrent resolution, which was passed—yeas, 29; nays, 18.
Thus the opinion of Congress was established, by a large majority, that the two houses should act conjointly upon the whole question of the representation of States, and that this question was entirely independent, of the Executive.
CHAPTER XVII.
THE RECONSTRUCTION AMENDMENT—IN THE HOUSE.
A Constitutional Amendment Proposed and Postponed —
Proposition by Mr. Stewart — The Reconstruction Amendment
— Death of its Predecessor Lamented — Opposition to the
Disfranchisement of Rebels — "The Unrepentent Thirty-three"
— Nine-tenths Reduced to One-twelfth — Advice to Congress
— The Committee Denounced — Democratic and Republican
Policy Compared — Authority without Power — A Variety of
Opinions — An Earthquake Predicted — The Joint Resolution
Passes the House.
While the joint resolution proposing a modification of the basis of representation was the subject of consideration in the Senate, a constitutional amendment relating to the rights of citizens was made the topic of brief discussion in the House. It had been previously introduced and referred to the Committee of Fifteen. From this committee it was reported back by Mr. Bingham. It was proposed in the following form:
"ARTICLE—. That Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property."