160 



CONGRESS, UNITED STATES. 



Congress cannot. Congress cannot change the 

 constitution of a State proposing admission into 

 the Union. Then this act of Congress proposed 

 by the Senator from Missouri will not change 

 the constitution of Nebraska. Then, how is it 

 to be changed? By submitting this act of Con- 

 gress to the Legislature of Nebraska, and then 

 saying that the Legislature of Nebraska, acting 

 with Congress, may change the constitution ; 

 in other words, Congress and the Legislature 

 of a State may make a bargain by which the 

 constitution of that State may be changed. 



"I presume that this constitution has some 

 provision in regard to its own amendment and 

 how it shall be amended, and I suppose that 

 that is by some formal proceeding which shall 

 secure the judgment and wish of the people on 

 the subject ; but we propose to change the con- 

 stitution upon a subject over which the State 

 has exclusive control. Upon the subject of 

 franchise we propose to change that consti- 

 tution, and in effect to strike out the word 

 'white,' and to allow white and black to vote, 

 not by the voice of the people, not in any form 

 of proceeding which has ever been recognized 

 as changing a constitution, but by a bargain 

 between Congress and the Legislature of the 

 State.* I submit to Senators whether that can 

 be done. Can we now propose to the Legis- 

 lature of Nebraska to change this constitution, 

 which was adopted by the people; and if the 

 Legislature of Nebraska agrees to it, will that 

 make a constitution for Nebraska? If we can 

 make one provision of a constitution, can we 

 not make an entire constitution in that way ; 

 and is it possible that Congress can submit to 

 a territorial Legislature a proposed constitu- 

 tion, and that being accepted by the territorial 

 Legislature, it shall become a government for 

 the people and bind all future legislation ? I 

 do not understand the most liberal to have ever 

 gone so far. This, sir, is all I desire to say on 

 this point." 



Mr. Sumner, of Massachusetts, followed, say- 

 ing: "Mr. President, every step we have taken 

 in this discussion shows its importance, its 

 magnitude. It is important as a precedent; 

 but I submit that it becomes of transcendent 

 importance when we consider its bearing upon 

 our duties to the rebel States. . It is on that 

 account that I do not sympathize with my 

 friend before me (Mr. Wade) when he seeks to 

 press this to so swift a conclusion. There are 

 Senators here who are now anxious to speak 

 npon it. There is the Senator from Vermont 

 (Mr. Edmunds), who never speaks without en- 

 gaging the attention of the Senate, and saying 

 what we are all glad to listen to. There are 

 other Senators here who, unless I have been 

 misinformed, are anxious to be heard upon this 

 great question; and yet the Senator from 

 Ohio 'insists that we shall stay here to vote 

 while those Senators are practically silenced. 

 He knows very well that at this late hour they 

 will not undertake to speak. When, therefore, 

 he presses his vote, it is to press them to be 



silent. Now, sir, I cannot sympathize with that. 

 I think that the time has come for the adjourn- 

 ment to-day. Let us go home and consider the 

 new form which this proposition assumes, 

 consider the criticism which is made by the 

 Senator from Indiana (Mr. Hcndricks). That, 

 certainly, is entitled to much weight. I do not 

 say, however, that it is entirely correct; but 

 I do say that before we embark in favor of this 

 proposition, and commit the fortunes of the 

 Kepublic to it, we ought to consider its char- 

 acter. "We ought to consider whether, in all 

 respects, it is sea- worthy, whether it can carry 

 us safely over the great sea which we are to 

 traverse. Let us, therefore, consider it care- 

 fully, and let Senators who desire to speak 

 upon it be heard. Do not let them be silenced 

 by what I would almost call a snap judgment. 

 This question, sir, has not been considered in 

 this chamber according to its dignity. It has 

 not been debated enough. Senators do not 

 yet see its importance, its grandeur, and how 

 essential its right settlement is to the peace, 

 security, and welfare of this Republic. If you 

 go wrong on this question, sir, you do more 

 than you can do in any other way to shut the 

 gates of peace on this Republic. I say, there- 

 fore, for the sake of the Republic, and that we 

 may bring about a settlement of the great ques- 

 tion before us, let us carefully now consider the 

 form which the proposition shall assume on 

 which we are to vote. In that view, sir, I 

 move that the Senate do now adjourn." 



The yeas and nays were ordered ; and being 

 taken, resulted yeas 19, nays 19 ; as follows: 



YEAS Messrs. Brown,' Buckalew, Cfa^in, Davis, 

 Dixon, Doolittle, Edmunds, Harris, llenderson, 

 Hendricks, Morgan, Norton, Patterson, Poland, 

 Pomeroy, Sprague, Sumner, Van Winkle, and Wil- 

 ley 19. 



' NATS Messrs. Cattell, Chandler, Creswell, Fogg, 

 Foster, Frelinghuysen, Howard, Howe, Kirkwood, 

 Lane, Morrill, Ramsey, Ross, Stewart, Trumbull, 

 Wade, Williams, and Yates 19. 



ABSENT Messrs. Anthony, Conness, Cowan, Fcs- 

 senden, Fowler, Grimes, Guthrie, Johnson, McDou- 

 gall, Nesmith, Nye, Riddle, Saulsbury, aud Sher- 

 man 14. 



So the Senate refused to adjourn. 



Mr. Wade, of Ohio, said : " The Senator from 

 Massachusetts believes it is ope of the most im- 

 portant questions that ever came before Con- 

 gress." 



Mr. Sumner: "I do not doubt it." 



Mr. Wade : " Well, I cannot be made to see 

 it. Nebraska, one of the most patriotic, one 

 of the most orderly of communities, with num- 

 bers sufficient, with a good, glorious republican 

 constitution akin to- all the rest of these West- 

 ern constitutions, and just like them coming 

 in here, I do not think will make a revolution 

 at all, nor bind anybody as to the course he 

 shall see fit to take in reconstructing States in 

 rebellion. Therefore, I do not see any reason 

 why we should not vote on the question to- 

 night. We have got a vast deal to do this 

 session. I never have known important busi- 



