Extended arguments against the measure were made by Mr. Johnson and Mr. Hendricks. At twelve o'clock the minority desired to adjourn, and the friends of the measure would have been willing to do so could an understanding have been had as to an hour on the following day when the vote would be taken.
Mr. McDougall would submit to no such-limitation upon free speech. "I do not expect myself," said he, "to speak at any great length, but yet if upon careful consideration I should choose to do so, or if possessing the recollections of past times and memories and reasons and considerations that yet lay in my hidden memories I shall choose to talk for a longer period, I shall claim the right to do so."
"I am anxious to give my views on this subject," said Mr. Davis. "I do not feel able to give them at this late hour of the night; still, I believe I could hang on for three or four hours if I was disposed to do so, [laughter,] but I believe that to-morrow I should not occupy more than at the farthest two hours of the time of the Senate."
Numerous amendments were proposed, much discursive talk was indulged in, and many motions to adjourn were voted down. At length, three o'clock of Saturday morning, February 16th, having arrived, an adjournment was brought about by means of a very long amendment proposed by Mr. Henderson as a substitute for the entire bill. This opening up a new discussion, the friends of the pending bill saw the impossibility of coming to a speedy vote, and consented to an adjournment.
On the reässembling of the Senate on Saturday, February 16th, Mr. Doolittle delivered a very long speech in opposition to the bill, and in vindication of his political course which had been called in question by the "Radicals of Wisconsin." "I rise," said he, "to plead for what I believe to be the life of the republic, and for that spirit which gives it life. I stand here, also, to answer for myself; because, foreseeing and resisting from the beginning what I knew must follow as the logical consequences of the adoption of certain fundamental heresies originating in Massachusetts, and of which the honorable Senator upon my right [Mr. Sumner] is the advocate and champion, I have been for more than eighteen months denounced in my State by many of my former political associates and friends."
At the evening session of the Senate, Mr. Saulsbury and Mr. Davis delivered extended speeches against the measure. "I appeal to you, sir," said Mr. Saulsbury; "I appeal to those who exercise political power in this country now, by all the memories that cluster around the glorious past; by the recollection of the noble deeds and heroic sufferings of our ancestors, for you and for me, for your posterity and for my posterity; by all the bright realizations which might be ours in this present hour; by all the bright future and all the glories which are in that immediate future, stop your aggressions upon the Constitution of your country."
The vote having been taken on the amendment proposed by Mr. Johnson and the substitute of Mr. Henderson, they were both rejected.
Mr. Sherman then offered an amendment in the nature of a substitute, the preamble of which declared that "No legal State governments or adequate protection for life or property now exist in the rebel States." It retained the military feature of the original bill, with the modification that the President, instead of the General of the army, should appoint district commanders. The most important part of the amendment was a plan of reconstruction, which added a new section to the bill in the following form:
"SEC. 5. And be it further enacted, That when the people of any one of said rebel States shall have formed a Constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition of servitude, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for felony at common law, and when such Constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such Constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors of delegates, and when such Constitution shall have been submitted to Congress for examination and approval, and Congress shall have appointed the same, and when said State, by a vote of its Legislature elected under said Constitution, shall have adopted the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State."
Mr. Sherman made a brief speech in explanation of the bill. "All there is material in the bill," said he, "is in the first two lines of the preamble and the fifth section, in my judgment. The first two lines may lay the foundation, by adopting the proclamation issued first to North Carolina, that the rebellion had swept away all the civil governments in the Southern States; and the fifth section points out the mode by which the people of those States, in their own manner, without any limitations or restrictions by Congress, may get back to full representation in Congress."