CONGRESS, UNITED STATES. 



173 



or for a term of years ? Why not say that they 

 shall not be composed of lawyers or profes- 

 sional men ? Can any reason be given ? 



"If the power is in Congress to impose con- 

 ditions which will limit the power of a State 

 by a condition denying to her the right to reg- 

 ulate the franchise, I cannot see how any such 

 distinction can be made. As the honorable 

 member from Indiana (Mr. Morton) suggested 

 the other day, if the power exists, why can she 

 not agree to abandon her right to be repre- 

 sented upon this floor by two Senators; agree 

 that she shall only have one, or that she shall 

 have none; agree that her representation in the 

 other House shall not be regulated by the rules 

 by which representation in the other House on 

 the part of the remaining States is regulated 

 by the Constitution? Why not provide that 

 her citizens shall not be at liberty to sue in 

 the courts of the United States, or that they 

 shall be compelled to sue alone in the courts 

 of the United States ? In a word, upon what 

 ground, logically, reasonably, can it be main- 

 tained that Congress has the authority to take 

 from a State the right to regulate the franchise 

 by way of a condition to her admission into the 

 Union, which will not lead to the demonstra- 

 tion of the power in Congress to deny to her 

 any and every other of the sovereign rights 

 which belong to the other States of the Union? 



"Now, Mr. President, if we have the power 

 which the condition of the bill assumes that 

 we do possess, and which the condition of my 

 friend from Missouri also assumes us to pos- 

 sess, it is because the subject of the power is 

 with us, and that subject is the franchise. If 

 that is a subject within our control, we may 

 control it just as we may think proper from 

 time to time. If we have the right to impose 

 this condition, we have the right to impose any 

 other condition which may affect that power. 

 We may impose it, therefore, as a condition of 

 the admission that the State will allow women 

 to vote ; that she will permit minors to vote ; 

 that she will permit aliens to vote. If we have 

 the power to say that she must permit through 

 all time a black man to vote, we have the right 

 to say that she must, at all times, permit every- 

 body else to vote who happens to be within the 

 State at the time of her election. Will any- 

 body pretend that our powers are as extensive 

 as these suppositions imagine? I think not. 



" The error of the argument upon the other 

 side, if it be erroneous, as I think it manifestly 

 is, is in supposing that States of this Union can 

 exist if deprived by the legislation of Congress 

 of any right growing out of any power not 

 included within those delegated to the General 

 Government. In the case of Pollard's Lessee 

 vs. Hagan, in 3 Howard, it was held that whether 

 the navigable waters of Alabama were made 

 free to navigation by the terms of the deed of 

 cession, whether that deed was by Georgia or 

 ^Virginia, or by any treaty of cession, was 

 immaterial; the waters still (notwithstanding 

 the State was admitted upon the condition that 



they were to be navigable) were as much under 

 the control of the State as are the waters within 

 the limits of the older States; and whatever 

 power, therefore, is in its nature, with reference 

 to the waters, municipal, is in the States, not 

 in the Government of the United States." 



Mr. Henderson, of Missouri, offered the fol- 

 lowing amendment to the amendment of Mr. 

 Drake, to be inserted after the word "that." 



Said State, in fixing the qualifications of electors 

 therein, shall not be authorized to discriminate 

 against any person on account of race, color, or pre- 

 vious condition ; and, also, on the further condition 

 that no person on account of race or color shall be 

 excluded from the "benefits of education, or be de- 

 prived of an equal share of the moneys or other funds 

 created or used by public authority to promote edu- 

 cation in said State. 



It was rejected. 



YEAS Messrs. Buckalew, Doolittle, Henderson, 

 Hendricks, and Eoss 5. 



NATS Messrs. Bayard, Cameron, Cattell, Chan- 

 dler, Cole, Conkling, Corbett, Drake, Ferry, Freling- 

 huysen, Harlan, Howe, Johnson, McCreery, Morrill of 

 Maine, Morrill of Vermont, Nye, Patterson of Ten- 

 nessee, Pomeroy, Eamsey, Stewart, Thayer, Tipton, 

 Trurnbull, Van Winkle, Vickers, Wade, Willey, Wil- 

 liams, and Yates 30. 



ABSENT Messrs. Anthony, Conness, Cragin, Da- 

 vis, Dixon, Edmunds, Fessenden, Fowler, Grimes, 

 Howard, Morgan, Morton, Norton, Patterson of New 

 Hampshire, Saulsbury, Sherman, Sprague, Sumner, 

 and Wilson 19. 



The amendment was then agreed to, by the 

 following vote : 



YEAS Messrs. Cameron, Cattell, Chandler, Cole, 

 Conkling, Cragin, Drake, Fessenden, Frelinghuy- 

 sen, Harlan, Henderson, Howe, Johnson, Morrill of 

 Maine, Morrill of Vermont, Nye, Patterson of New 

 Hampshire, Eamsey, Stewart, Sumner, Thayer, Tip- 

 ton, Trumbull, Wade, Wilson, and Yates 26. 



NATS Messrs. Bayard, Buekalew, Corbett, Doo- 

 little, Ferry, Fowler, Hendricks, McCreery, Patter- 

 son of Tennessee, Eoss, Van Winkle, Vickers, Wil- 

 ley, and Williams 14. 



ABSENT Messrs. Anthony, Conness, Davis, Dixon,. 

 Edmunds, Grimes, Howard, Morgan, Morton, Nor- 

 ton, Pomeroy, Saulsbury, Sherman, and Sprague 14. 



Mr. Hendricks, of Indiana, then moved to 

 strike out all the preamble and all after the 

 enacting clause of the bill, and insert the fol- 

 lowing : 



That the State of Arkansas is hereby declared re- 

 stored to her forme^ proper practical relations to the 

 Union, and is again entitled to be represented by 

 Senators and Eepresentatives in Congress. 



This was rejected, as follows: 



YEAS Messrs. Bayard, Buekalew, Corbett, Doo 

 little, Ferry, Fowler, Hendricks, Johnson, McCreery, 

 Patterson of New Hampshire, Patterson of Tennes- 

 see, Eoss, Van Winkle, Vickers, and Willey 15. 



NATS Messrs. Cameron, Cattell, Chandler, Cole, 

 Conkling, Cragin, Drake, Fessenden, Frelinghuysen, 

 Henderson, Howe, Morrill of Maine, Morrill of Ver- 

 mont, Nye, Pomeroy, Eamsey, Sherman-Stewart, 

 Sumner, Thayer, Tipton, Trumbull, Wade, Williams, 

 Wilson, and Yates 26. 



ABSENT Messrs. Anthony, Conness, Davis, Dix- 

 on, Edmunds, Grimes, Harlan, Howard, Morgan, 

 Morton, Norton, Saulsbury, and Sprague 13. 



Mr. Ferry, of Connecticut, when the bill 

 was reported to the Senate, offered the fol- 



