eracy when the confederacy appealed to them to do it, if we refuse to extend to them the suffrage, the weapon of protection, it will bring upon this nation, as slavery brought upon it, the curse of an offended God. I believe in the years to come we shall be punished for it as we have been punished for four weary years with fire and blood and death for two centuries of oppression. These States summoned the black man to fight the battles of the endangered country, put the musket in his hands, gazed with beaming eye upon his glittering steel, and heard the inspiring music of his tramp as he moved away to fight, bleed, die, that the nation might live, and saw those men come back maimed and wounded. And yet, 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 cannot. After what has taken place, is taking place, I cannot 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 cannot 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."

On the 9th of March Mr. Fessenden closed the debate, speaking chiefly in reply to Mr. Sumner;

he thought it to be his duty to obtain as much as possible, and he therefore supported this proposition, although it came short of what he desired. The debate was further continued by Mr. Sumner, Mr. Wilson, Mr. McDougall and Mr. Henderson. Mr. Conness intended to vote for the original proposition and should therefore vote against the several amendments without reference to their merits. The vote was then taken on Mr. Henderson's amendment, providing that no State should discriminate against any person in the elective franchise on account of color or race, and it was rejected.Yeas 10, nays 37. The question then recurring on Mr. Sumner's amendment-that there should be no oligarchy, aristocracy, caste or monoply invested with peculiar privileges and powers and no denial of rights, civil or political, on account of color or race, but all persons should be equal before the law, in the court-room or at the ballot-box. Mr. Clark of New Hampshire moved to amend by striking out and inserting an amendment basing representation on suffrage. This amendment was discussed by Mr. Creswell, Mr. Anthony and Mr. Johnson. Mr. Cowan stated his objection to any amendment of the Constitution concerning suffrage. "It strikes," he said, "at the very vital part of the Constitution; it strikes at that very part which is essential to the whole; it destroys the freedom of the States; it destroys the Republican form of government of the States." Mr. Clark withdrew his amendment, and

Mr. Sumner made a slight modification of his amendment. The vote was taken upon it and it was rejected.-Yeas 8, nays 39. On motion of Mr. Clark of New Hampshire the original resolution was amended.-Yeas 26, nays 20. Mr. Yates then moved to strike out the original resolution and insert: "That no State or Territory shall by any constitution, law, or other regulation, make or enforce in any way, or in any manner recognize any distinction between citizens on account of race or color or previous condition of slavery; and that hereafter all citizens, without distinction of race, color, or previous condition of slavery, shall be protected in the full and equal enjoyment and exercise of all their civil and political rights, including the right of suffrage." It was rejected-Yeas 8, nays 38. Mr. Doolittle then moved as a substitute a section basing representation on qualified voters— rejected. Yeas 12, nays 31. Mr. Sumner then moved to amend by striking out a portion of the original resolution, and inserting a provision that the elective franchise should not be denied or abridged in any State on account of race or color. The amendment was rejected.-Yeas 8, nays 38. Mr. Sumner then moved that all persons denied the right of suffrage should be exempted from taxation of all kinds; the amendment was rejected. The question was then taken on the passage of the joint resolution-Yeas 25, nays 22-two-thirds of the Senators not having voted for the resolution, it was

rejected. On motion of Mr. Henderson the Senate reconsidered the vote rejecting the resolution. Mr. Doolittle then moved an amendment as a substitute basing representation on qualified voters, and Mr. Sherman moved a substitute for the same.

On the 12th Mr. Grimes and Mr. Sumner introduced amendments, being modifications of the amendment introduced in the House by Mr. Broomall of Pennsylvania, which provided that whenever male citizens should be excluded from suffrage in any State, the representation should be reduced in the proportion which the number excluded bears to the whole number of citizens. Mr. Wilson introduced an amendment to Mr. Doolittle's amendment basing representation on qualified voters. Mr. Wilson's amendment provided that representation should be based on the number of male citizens over twenty-one years of age having the qualifications for electors, and persons of like age not naturalized. The original joint resolution and amendments were not again considered by the Senate.

CHAPTER XI.

AMENDMENT TO THE CONSTITUTION.

Mr. Stevens' report from Joint Committee.-The amendment.-Speech of Mr. Stevens. Remarks of Mr. Garfield, Mr. Thayer, Mr. Boyer, Mr. Schenck, Mr. Broomall, Mr. Raymond, Mr. Boutwell, Mr. Spaulding.— Speech of Mr. Eliot.-Remarks of Mr. Dawes.-Resolution passed the House. Remarks of Mr. Howard.-Mr. Wade's Amendment.-Mr. Wilson's amendment.-Mr. Clark's amendment.-Mr. Buckalew's amendment. Mr. Howard's amendment.-Mr. Doolittle's amendment to Mr. Howard's amendment rejected.-Mr. Van Winkle's motion to amend.— Speech of Mr. Poland, Mr. Howe, Mr. Johnson.-Mr. Yates' amendment.-Motion of Mr. Clark.-Mr. Fessenden's amendment.-Passage of the Resolution.

In the House of Representatives on the 30th of April, 1866, Mr. Stevens of Pennsylvania, from the Joint select Committee on Reconstruction reported a joint resolution proposing an amendment to the Constitution of the United States. The amendment proposed provided that :

SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens; nor deprive any person of life, liberty, or property without due process of law; nor deny to any person the equal protection of the laws.

SEC. 2. Representatives shall be apportioned among the States according to their respective num