CONGRESS, UNITED 8TATKS. 



145 





an. I iMm-luMvrly ho puts to rout nil his naso- 



i in tiii -i discussion. 

 "Discussing this amendment, tho Senator 



Indiana s:iid : 



i: I would respectfully suggcKt to tho 

 from Missouri that no can nttam all that he 



- liy his iuiu'iidment and yet leave off the last 



tiMimble clause, wmeh is that oontain- 



statemcnt that this shall never bo changed. 



t believe wo have the right to lay a perpetual 



iti >n upon an incoming State or upon a State 



that is about to be restored. Wo can prescribe tho 



conditions upon which we will admit a State. Wo 



.y " You shall put universal suffrage in the 



ution," or "you ahull put voting by ballot in tho 

 ution, or wo will not receive you." I5ut 



aft IT the State has been received it is at liberty then 

 t iina-nd its constitution in any manner BO that it 

 maintains a republican form of government. We 

 cannot bind any State not to amend the constitution, 

 MI that the amendment be consistent with a repub- 

 lican form of government ; but wo can say that these 

 constitutions snail not bo accepted, in the first place, 

 unless they contain a provision that the voting shall 

 be by ballot. Congressional Globe, Fortieth Congress, 

 first session, page 103. 



" Again, on the 27th of May, 1868, the Ar- 

 kansas bill being before the Senate, the Sena- 

 tor from Indiana delivered an unanswerable 

 constitutional speech, from which I shall read 

 several extracts : 



Mr. President, I should like to inquire what is to 

 be the practical advantage to result from the amend- 

 ment ot the Senator from Missouri ? He seeks to im- 

 pose a fundamental condition upon the people of Ar- 

 kansas, that they shall never amend their constitu- 

 tion in regard to suffrage so as to take it away from 

 any class of persons who have it by the constitution 

 as now framed. 



"I desire to- say at this point that although 

 the precise question before the Senate at that 

 time, namely, the power of Congress to fetter 

 a State in regard to suffrage, may be affected 

 by the fifteenth amendment, yet the doctrine 

 and philosophy of this speech are that Congress 

 cannot destroy a power which the Constitu- 

 tion reserves to a State, and the question of 

 suffrage was only an instance illustrating the 

 general principle. 



"Sir, the whole doctrine of fundamental 

 conditions, tho more you consider it, the more 

 candidly and patiently you investigate tho 

 ground upon which it rests, looms up in mon- 

 strous proportions of absurdity more and 

 more. It deals a destructive blow upon the 

 very foundations of the Constitution, and de- 

 stroys tho harmony of our system of govern- 

 ment. It is sowing tho wind that our children 

 may reap the whirlwind." 



The following amendment was offered by 

 Mr. Williams, of Oregon : Strike out all between 

 the word "officer," in the twelfth line, second 

 page, and the word "provided," in the eigh- 

 teenth line, same page, and insert : 



Provided further. That tho next election for mem- 

 bers of the General Assembly of said State shall bo 

 held on the Tuesday after the first Monday of Novem- 

 ber, A. D. 1872, and the last clause of the second 

 subdivision of the first section of tho third article of 

 said constitution, in the following words : " Tho 

 General Assembly may, by law, change the timo of 

 VOL. x. 10 A 



election, and tho members shall hold until their suc- 

 cessors are elected and qualified," shall never be by 

 any Legislature exercised so as to extend tho tenn 

 of any oilict: beyond the regular period named in tho 

 mud constitution ; and the said General Assembly 

 shall, by joint resolution, consent to this proviso an 

 a fundamental condition before this act shall take 

 effect. 



It was rejected by the following vote : 



YEAS Messrs. Abbott, Ames, Borcman, Chan- 

 dler, Colo. Drake, Fentou. Flanagan, Gilbert, Ham- 

 ilton of Texas, Howard, llowell, Lewis, Nye, O- 

 born, Ramsey, Rice, Spencer, Stewart, Suuiner, 

 Thayer, Warner, Williams, and Wilson 24. 



NATS Messrs. Anthony. Buckingham, Carpen- 

 ter, Caseerly, Corbett, Davis, Ferry, Fowler, Ham- 

 ilton of Maryland, Howe, Johnston, McCreery, 

 Morrill of Maine, Morrill of Vermont, Patterson, 

 Pratt, Schurz. Scott, Sherman, Spraguo, Stockton, 

 Tipton, Trumbull, Vickers, and Willey 25. 



ABSENT Messrs. Bayard, Brownlow, Cameron, 

 Cattell, Conkling, Cragin, Edmunds, Uamlin, Ilar- 

 lan, Harris, Kefiogg, McDonald, Morton, Norton, 

 Pomeroy, Pool, Revels, Robertson, Ross, Saulabury, 

 Sawyer, Thurman, and Yates 23. 



Mr. Wilson, of Massachusetts, offered the 

 following amendment : to strike out the first 

 proviso, which was this Bingham amendment, 

 and insert as follows : 



That in consequence of the failure of the General 

 Assembly of Georgia to effect a legal organization 

 for a period of over eighteen months, it be, and 

 hereby is, declared that the term of service of the 

 said General Assembly shall date from the 26th of 

 January, 1870, and shall continue until the persons 

 to be chosen on the Tuesday after the first Monday 

 of November, 1872, as members of the General As- 

 sembly of such State are qualified : Provided, That 

 the last clause of the second subdivision of the first 

 section of tho third article of the constitution of 

 Georgia, in the following words, "The General As- 

 sembly may by law change the time of election, and 

 the members shall hold until their successors arc 

 elected and qualified," shall never be by any Legis- 

 lature exercised so as to extend the term of office 

 beyond the regular period named in the said consti- 

 tution ; and the said General Assembly shall by joint 

 resolution consent to this fundamental condition 

 before this act shall take effect. 



Mr. Pomeroy, of Kansas, moved the follow- 

 ing as a substitute for that of Mr. Wilson : 



That the existing government in the State of 

 Georgia is hereby declared to be provisional; and 

 the same shall continue subject to the provisions of 

 the acts of Congress of March 2, 1867, and March 23. 

 1867, and of July ID, 1867, until the admission of said 

 State by law to representation in Congress ; and for 

 this purpose the State of Georgia shall constitute tho 

 Third Military District. 



SEC. 2. And be it further enacted, That, in accord- 

 ance with the provisions of and under the powers and 

 limitations provided in said acts, an election shall be 

 held in said State on Tuesday, the 15th day of No- 

 vember, 1870, for all the members of the General As- 

 sembly of said State provided for in the constitu- 

 tion of said State, adopted by its convention on the 

 11 tli day of March, 1868, at which election all per- 

 sons who by said constitution are electors shall be en- 

 titled to vote. And said General Assembly so elected 

 shall assemble at the capitol of said State on tho 13th 

 day of December, 1870, and organize, preparatory to 

 the admission of the State to representation in Con- 

 gress. And the powers and functions of the mem- 

 bers of the existing General Assembly shall cease 

 and determine on the said 13th day of December, 

 1870. 



It was adopt3d by tho following vote: 



