CONGRESS, UNITED STATES. 



145 



zens it will be utterly impossible to continue 

 this black race in a state of pupilage, of in- 

 feriority in respect to political rights, for any 

 considerable length of time ; and I think, 

 therefore, for their security, for our own secu- 

 rity, as an act of justice to them and of security 

 and strength to the Union itself, and the glory 

 of the American people, this thing ought to be 

 done, and I am prepared to vote for it." 



Mr. Norton, of Minnesota, said : " I desire to 

 ask the Senator from Michigan if the intention, 

 the meaning of the Chicago platform was, that 

 suffrage in the loyal States was merely a ques- 

 tion of propriety or of right ; whether it prop- 

 erly as a matter of propriety belonged to them 

 or belonged to them as a matter of right ? " 



Mr. Howard: "Well, Mr. President, the 

 honorable Senator has got a little ahead of the 

 game, and if he had not been so impatient, and 

 allowed me to proceed with my remarks, I pos- 

 sibly might have given him an answer. I will 

 endeavor to do so now : 



"While the question of suffrage in the loyal States 

 properly belongs to the people of those States. 



"Does anybody doubt it? Did anybody 

 ever doubt it ? It properly belonged to those 

 States because the Constitution of the United 

 States, which was in full force as to the loyal 

 States, recognized it as one of the reserved 

 rights of the States at that time. And it not 

 only properly belonged to the people of the 

 loyal States at that time, but constitutionally 

 belonged to them. There is no doubt about 

 that. Why, then, do we hear so much said 

 about the perfidy of the Republican party in 

 now seeking to make an amendment by which 

 suffrage shall be regulated in the various States? 

 The quibble turns upon the little word ' prop- 

 erly,' which was plainly, taken in connection 

 with its context, used in the sense of * consti- 

 tutionally.' That was all." 



Mr. Hendricks, of Indiana, said : " The Sen- 

 ator has just now said that no one ever ques- 

 tioned that that was the proper construction 

 of it, and that of right under the Constitution, 

 as it then was and still is, the right to regulate 

 suffrage exclusively belongs to the States. I 

 think the Senator is mistaken in saying that 

 no one doubted that. I think one of the most 

 distinguished of his party, the Senator from 

 Massachusetts, does hold that Congress, for the 

 Northern as well as the Southern States, can 

 regulate suffrage." 



Mr. Sumner: "Does the Senator refer to 

 me?" 



Mr. Hendricks: "I do, sir." 



Mr. Sumner : " If he will read the bills I 

 have introduced a great many they have al- 

 ways gone to the single point that under the 

 Constitution of the United States no State had 

 a power to deny suffrage on account of color. 

 There is where I stand. I raise no question 

 of the power of the States to regulate suffrage ; 

 I go into the question of the meaning of the 

 Constitution of the United States, and I insist 

 that under that you cannot, without falsifying 

 VOL. ix. 10. A 



every rule of interpretation which will be 

 found in any book of jurisprudence, without 

 falsifying every sentiment of the heart, say 

 that under the power to regulate you can dis- 

 franchise a race. Every presumption is to be 

 in favor of human rights. Some of the bravest 

 sentiments of English jurisprudence have all 

 gone in that direction, even to the extent of 

 saying that that man is impious and cruel who 

 does not favor human rights. There I stand. 

 In every interpretation of the Constitution, in 

 the construction of every word and phrase in 

 it, I give to it a meaning in favor of human 

 rights; and when I am asked what is meant 

 by the term 'to regulate,' I say to determine 

 the manner of elections, not to disfranchise a 

 race. When I am asked what may be qualifi- 

 cations, I say clearly those things which may 

 be acquired, those things w r hich are attainable 

 to human effort, not those things that by the 

 providence of God are unattainable. Sir, it is 

 an insult to God and to humanity to say that 

 such a thing can be a qualification. There I 

 stand. Therefore, let the Senator understand 

 me. I have been very clear and explicit from 

 the beginning. I never have claimed for Con- 

 'gress under the existing Constitution the power 

 to regulate. I never have ventured to deny it, 

 because much can be said even in favor of the 

 power to regulate. But I do insist that under 

 the power of making regulations you cannot 

 disfranchise a race, you cannot degrade the 

 country, you cannot degrade the age." 



Mr. Hendricks: "I do not think I under- 

 stand the Senator from Massachusetts now, 

 though he is the master of language. That I 

 may understand him, I will ask him one further 

 question. Has he not claimed that, where the 

 States have denied the suffrage to the negro 

 people, Congress may interfere and give in 

 those States the suffrage to the colored peo- 

 ple?" 



Mr. Sumner : " Of course I have." 

 Mr. Hendricks: " Under the existing Consti- 

 tution?" 



Mr. Sumner : "Of course I have. To me it 

 is as plain as the sun." 



Mr. Norton : " Mr. President" 

 Mr. Howard continued: "I have thus, Mr. 

 President, as briefly as possible, expressed my 

 objections to the form which this amendment 

 has received at the hands of the Committee on 

 the Judiciary. I think it contains within itself 

 a grant of power to the Congress of the United 

 States to set up other tests for voting and hold- 

 ing office ; any other tests, if you please, but 

 those specifically mentioned in the clause. . I 

 am quite sure that neither the Senate nor the 

 House of Representatives, if they look upon 

 this matter in that light, will ever agree to any 

 such proposition ; and I am entirely certain 

 that the Legislatures of the several States to 

 whom this amendment may be transmitted will 

 entirely dissent from it ; while I have no doubt 

 that, if the proposition is plainly submitted of 

 giving to the citizens of African descent the 



