.\^^"-^. .-■is' o 0' "f'J. ^ ->. v.'^' x^" '^. A 'HI ^^^ "^^.. -1^/. V? .^ c. ,, >v :^\ ^ ->j-^ "3 '%. -<^' 1 f b^'-j-. '^.. ',^ .-»> . .-i^- -^' ■r:,. A' ^ r-% '■K X — '^/ ' ' . *, ^ ^ ^*-' , '<^^ ^.^■^ "^ . V^^' ■V -.1 v--^''^ c " ^ "t.v^' -^ _s5^ .A.-^.^ \0^r v< 'x- .^^' ^% '■^^- • b ^. = ^' ' , v-- ,V . , -V-. * ■, s: o .V. > -c. V w-.yO>«i. ,0 o x-^' rA' ^0■ ■■V- ,:~^' ■>' ,-.-^v, .0 0, ° '\'. .0-' l^i ■i- \ 1 « <>. v^ .xV '^V.. •:*-- ' ,-0' X ,0- -^y- V^^ x'^^^. ^V . V , . -^ -X O <'^ ^ c " ^ '' « " / v^ - At ' -'' .^ # SPEEC H OP Hob. G. a. ELDRIDGE, of Wisconsin, ' • ,' IN THE House of Eepresentatives, March 28, 1868, AGAINST THE BILL MAKING A CONSTITUTION FOR ALABAMA AND ENFORC- ING UPON HER PEOPLE NEGRO GOVERNMENT. 1 Mr. ELDRIDGE. Mr. Speaker, I have been taught to believe that our system of Government, State and National, embodied the perfection of all the models. I have supposed it so formed that it was safe from the assaults of Radical innovation, and not subject to change or alteration from within, except in the manner provided la the Con- stitution. With such opinions, I cannot view the constant assaults upon its several Departments, supposed to have been its chief perfection, but with sadness and alarm. These Departments, intended to work in harmony, operating only as proper checks and balances upon each other, cannot long continue in open and hostile antagonism without fatal consequences. And yet, what do we behold ? The Executive power is assailed, trenched upon, hedged about, and circumscribed till its influence is scarcely perceptible, and its chief officer finally is sought to be deposed and removed because he will not altogether abdicate and surrender the office and power to a partisan Congress. The judiciary, too, that last refuge of patriotic hope, that supposed conservator of popular liberty when all others should fail, is in menace. It is not only menaced, but its prerogatives, powers, and jurisdiction are assailed with a frenzied zeal and partisan hate that admit of no room for doubt oT the result. It is no longer to be the independ- ent, peaceful, pure, and impartial arbiter of our disputes and controversies ; but the fiat has gone forth from a Partisan Legislature that the judges of the highest Court of the land must soil the ermine in doing its bidding, or surrender the judicial power. The gentleman from Ohio [Mr. Scuenck] boastingly proclaimed on this floor only the other day that the purpose was to *' clip its power" in every possible way. And thus it is that, one by one, the very bulwarks of liberty are being thrown down, and all the safeguards of the people's rights destroyed. These measures, I repeat, fill me with apprehension and alarm. With the President deposed, the prerogatives and jurisdic- tion of the Supreme Court taken away, a partisan Congress will riot in power unre- strained. With the sword and the purse at its command, who so foolhardy as to believe our liberties safe ? Look at the War Department, barricaded and picketed with armed soldiers in time of profound peace, and in the capital of the Republic. And, sir, I cannot forget the most significant fact, that only a few days ago an attempt was made, probably at the suggestion of the usurping Secretary of War, to smug- gle through the House in an appropriation bill a provision for the removal of the ]>i>sent Capitol police, and authorizing the Secretary of War to detail non-commissioned officers .F3- and soldiers to take charge of the Capitol building and grounds. Had this not been discovered, and the provision had become a law. we should be sitting to-day and legislating under the gleam of the sword, and the Supreme (!ourt rt^ndering its decisions at the point of the bayonet. Verily, coming events are casting their t^hadows before. i\re these things to familiarize our eyes to what is in waiting for us f Are they the advance pickets of the army with which Congress, if permitt'id to pursue unrestrained its purpose, will control the destinies of the people, and by which it will enforce its edicts ; by which it will make and unmake States ; make and unmake Presidents ; make and unmake the Courts, and force them all to do its bidding ? Is this the power, the policy, that is to control u-? ? Mr. Speaker, I desire to enter my protest against this bill and to relieve myself of all responsibility for its passage. Never, in my judgment, was there a more inexcusa- ble or unjustifiable measure. It has no warrant in the Federal Constitution, and no justification or precedent in the practice of this Govemmt-nt, unless, indeed, it be in the kindred measures of so called reconstruction. It is in clear and unmistakable violation of all the underlying fundamental principles of the Republic. Sir, if there be one idea upon which this Government was formed more essential and fundamental than any other, that idea is, that the people of the United States are sovereign, and entitled by nature to the right of self-government. This principle un- derlies all our institutions, and is co-extensive with the utmost boundaries of the United States and its authority. The source of all power is the people, and their only grant or authority to the Federal Government is the Constitution. If the power is not there found, it does not exist. Under the Constitution, there are, and there can be, no conquered, tributary, or subject States. Equality of citizenship and the right of self-government have never been granted or surrendered by the people or States of the Republic. To do this would be voluntary submission to the chains and manacles of slavery. The right of self-government constitutes the liberty and freedom of the citizen. Without the enjoyment, of this right no man can be styled free ; no man can enjoy the liberty intended to be secured by the Federal Constitution. It is the dearest, the most essential right of American citizenship. It cannot be taken away without totally subverting the Constitution, and destroying our system of Government altogether. Sir, upon what provision of the Constitution can this bill rest ? To what do its friends appeal for their justification in its support ? I do not make this inquiry with reference to the gentleman from Pennsylvania, [Mr. Stevens.] ' He is consistent and logical; he has never stultified" himstSlf by any pretended constitutional sanction. He proclaims all the reconstruction measures of Congress "outside" the Constitution. But to these who admit tlie obligation and duty of obedience to the fundamental law of the land, I ask them, in all sincerity and honesty, under which of its provisions, or by what right, do they justify their action upon this bill ? Article four, section three, provides that — Ntw Sl«tes may be admitted by the Congress into the Union; but no new State shall be formed or erected within the jurisdiction of any otlier State; nor any State be formed by the junction of two or more States or parts of States without the consent of the LtKislatares of thi States concerned, as well as of the Congress. The State of Alabama is certainly not a new State ; it is not a State formed by the junction of two or more States or parts -of States ; it is not a new State formed witliin the jurisdiction of another State. And, if it were a new State so formed and erected, there is no consent of the Lsgislature of the State concerned. There is, then, no au- thority for this bill in this section, and it is the only provision of the Constitution re- lating to the admist^ion of States into the Union. But if it be said that the purpose of this bill and the measures of Congress pre- cedino- it are only to reorganize government in the State of Alabama and not to admit the State, as a new State, the inquiry is still pertinent. Where does Congress get the authority ? I have looked in vain to find any authority for this even. I can find no authority in the Constitution for any interference by Congress in the orgauization or reorama a lie ? The gentleman from Pennsylvania, [Mr. Stevexs,] Chairman of the Committee, and who reported the original bill, stated, when he moved to recommit, that there were twenty odd thousand majority against the constitution. He said : After a full exnmiiiHtion of the final returns from Alabama, which we had not got when this bill was drawn, I am satisfiid, for one, that toforceavote on this bill, and admit the Stnte against our own law, where there is a mMJority of iwcntj odd thousand against the constitution, would not be doing such justice in legislation as will be expected by the peiiple. W itii that view of the chsc, I shall vote for the motion to recommit, and on tha: motion I demand the previous question. The bill was recommittea. That this constitution is not the choice of the people, that it would be an act of in- justice to pass the bill, is declared. There is no difference between that bill and this. In principle and effect they are the same. They are in violation of the will of the majority. They are in violation of that great right of the people to make their own fundamental law ; they would place the majority under the control of the minority. I agree with what the gentleman said, that tt) pass this bill against our own law, where there is a majority of twenty odd thousand against the constitution, would not be doing such justice iu legislation as will be expected by the people. And yet this monstrous wrong, this outrage upon all the essential principles of the Republic, is to be forced, at the point of the bayonet, upon a free people, by the men who prate longest and loudest of treedom, libertj', and popular rights, lu this day of progress, of advancing civilization; iu the nineteenth cent'iry ; in this " land of the free and home of the brave ;" in this Republic, composed of sovereign, co-equal States, united by and under the Constitution, the matchless work of Washington, Madison, and their noble compeers, one of those States upon which the Federal Union rests, of which it is formed, is to be dismantled, robbed of the constitution made by its people, and to have forced upon it and its million of inhabitants a constitution of government dictated to it by Congress, and approved by only seventy thousand uneducated negroes— ignorant, squalid, degraded negroes ! Do the annals of the world present an instance of snch stupendous follj, absurdity, and wickedness ? It can be justified hy no man not tilled with infernal hatred of our form of government, and desirous of its overthrow. It must, it can only end in blood. No man in his senses can expect any- 'tliin<^ else. The white man, the white race, in the history of the world, has never been the servant of the black. The madness or folly of Congress can never compel him to submit to African domination or government. >~ Sir, the gentleman from Pennsylvania [Mr. 6tetens] tells the country, by way, I suppose, of reconciling the people to this horrid work, that "we are not now merely expounding a Government ; we are building one ; wc are making a nation." And the committee reportii^ this bill, in similar language, tell us that we are "building a mighty nation." They say: "But while this free pieople are rebuilding a mighty nation, in which there must be no taint of despotism or injustice, they have examined carefuUv all the provisions of the Constitution, and, as a precedent which they hoj>e will never be departed from, but which becomes necessary by the injustice of the sister States, they have determined that no State shall ever be admitted into the Union where the right to universal suffrage shall not be made permanent and impiossible of viola- tion." They have determined — the committee have determined — that no State shall ever be admitted into " this mighty nation" where th« right of universal sufJ'rage shall not be made permanent. What is to be done with New York, Pennsylvania, Maryland, Kentucky, and the other States which have not yet made universal suffrage permanent ? They are never to be admitted into this new nation till they bow to negro domination. "Not expounding a Government," but "making a nation," "rebuilding a mighty nation, in which there must be no taint of despotism or injustice !" Was there ever supli impudence, such folly, such ab-*ufdity, such treason ? This Reconstruction Committee, those who support this bill, members of Congress, not expounding the Constitution, not legislating according to its provisions for the Union, but building a nation, a "mighty nation." Who commissioned Congress? Where did it get the power ? Who can read these bold, unblushing avowals, these foul utterances of treason to the Union, that the ptirpose is not to maintain this Republic of States, but to build a Government, a mighty nation, in its stead, and not stand aghast at the declaration ! But there is to' be " no taint of despotism" in this new, this " mighty nation !" Oh no ; there is no despotism iri forcing a constitution upon the people against its will. No despotism in forcing half a million white, intelligent, educated, refined men, women, and children, to live under the domination of seventy thousand negroes. There is no taint of despotism or injustice in forcing the people of a sovereign Stite to surrender their constitution of government, and accept one made by negroes. Or, can anything on earth be more cruel, arbitrary, unjust, and despotic, than such a government so enforced ? I am glad this committee and the gentleman from Pennsylvania have had the hardi- hood to proclaim their revolutionary purpose. There need be no longer any cavil or dispute. They would build a government ; they would make a mighty nation on the ruins of the old Union. Let the people of the States that deny universal negro suffrage take heed and understand that no State shall ever be admitted into this "mighty nation" which this revolutionary party is now making, " where the right of univer- sal suffrage shall not be made permanent and impossible of violation." This has become " necessary by the injustice of sister States." These are the solemn utter- ances of the representatives of a great party— the party that is building a "mighty nation." They are the official declarations of members of Congress, of a committee of the House of Representatives, while in the very act of violating its declared principles. They are the opening up of the revolutionary schemes of the party now controling the destinies of the Republic. The grand temple of republican liberty, erected by our ancestors with so much care and wisdom, is to be torn down ; the pillars of that majesi- tic edifice, resting upon the solid and safe foundation of popular sovereignty and the right of self-government, are to be wrenched from their foundations, and a new government, " a mighty nation," built in its place ! And this is the war that is now being waged against our system of government, against the Constitution and Govern- ment of our fathers. Congress is not "expounding" the Constitution under which it was created, and exercising the powers granted by it ; but it is usurping the povrer and arrogating to itself the right to make a government, to build a nation. The people are no longer to be consulted or regarded, no longer to be the architects of the Government under which they live. They must submit to the arbitrary hand of power, and bare their necks to the yoke prepared by Congress and such agents as it in its majestic wis- dom may depute. Congress is to rule the Empire and sway the destinies of the people with more thaw regal power. Who will hereafter pretend that ours is a government '•deriving all its just powers from the consent of the governed?" It is no longer a 6 Government "by the people for the people." It is a Government of the people by Congress ; it is the rule of the servant over the master ; it is an utter denial of the right of self-government ; it is Federal usurpation ; it is Federal tyranny — Federal oppression. The gentlemen who led the other side of this House understood this in 1858. How energetically and eloquently our worthy Speaker [Mr. Colfax] inveighed against Federal interference with the affairs and constitution of Kansas. How ably did he argue for the right of self-government — the right of the people to make their own con- stitutions, unawed and uninfluenced by Federal power. Let me read from his speech on that occasion, and see if it is not applicable to the present ; if it does not show that this bill ought not to pass : * A constitution is before us. not framed by the authority of an enablinK act, the last Congress having failerl to concur in the piissane of one — not ratified b.v tlic ])eoi)l<' interested at hny election in which the right to choose, the simple power of saying yes or no. liart been conceded — but framed by a convention, elected by an impi^rfect, unfair, disfranchising, and, therefore, swindling census am', registry, whose members re])reseiite(i. on an average, exactly tliirty votes apiece; who needed an array to protect them while in session from the indignation of the people whose organif law they pretended to have been com- missioned to make; who themselves concfdod all that I have charged against them by submitting the constitution only to those who were willing to vote for it and to swea', besides, to support it; and whose illshapen and il!e..'itimate offspring was 'Cpudiated as spurious by an overwhelming majority of ten thousand at a fair open election, authorized by the Governor and Legislature of the Territory. Ten thou.'«and wei-e enough to stigmatize the rule as despotic then ; with a majority of twenty odd thousand against the constitution to-day, the House proposes to pass this bill : Artd yet this fraudulent instrument, which no one bene is hardy enough to claim as the voice of the majority of the peojde of the projio.'^ed Slate; which no moie speaks tlieir will than does the coustitmion of cjnqucred and entliralled Krance speak the will of the freemen of America ; and w.hich every one, here or else'<-here, knows full well is loathed and scorned and repudiated by the people who are to be forced with the bayonet to live under it — tl.is in.strument is pressed upon us for ratification on the teclinicdl ground that it emanated from a body which was nominally a convention representiug the pei>])le of Kansas ; that it has jiassed the ordeal of a pretended, one-sided submission, and that we liave, therefore, no right to go behind it and inquire whether it is or is not the will of the people of that distant Territory. The gentleman proceeds in another passage to put the following inquiry : Imagine, sir. George Washington sitting in the White House; that noble i)atri-ssenger had dared to enter the poitals of the White House when that stern old man of iron will, Andrew Jackson, of Tennesse , lived within it, and asked him to give his endorsement aud approval, tie sanction of his personal character and official influence to. a constitution reeking with fraud, which its famers were seeking to en- force on a jieople who protested and denounced and loathe : and repudiated it, and to go down to I istory as its voluntary advocate and charu])ion, that messenger, I will warrant, would have remembered the tor- rent of rebuke with which he would have been overwhelmed till the latest hour of his life. Then he makes an appeal in almost the same language that is used in the appeal to Congress on behalf of the people of Alabama. He says : She ajipeals to you to release her from the grasp of this despot and dictator, and to let her eo free. In the languagi' of an eloquent and gifted orator of my own Stale, I say, " When she comes to us let it be as a willing bride, and not as a fettered and manacled slHve." So I say of Alabama. The gentleman from Ohio, [Mr. Bingham,] too, strange to say, spoke against the Kansas constitution on the ground that it was not freely aud fairly adopted by the people who were to live under it. He, one of the committee who reports in favor of this bill, in favor of forcing this constitution upon the people of Alabama against their will, then contended manfully that the people had some riglits, and that Congress was bound to respect those rights. How rhetorically aud bitterly eloquent he became at the thought of the Federal Executive interfering with the people in the formation of their con.stitution ! He denounces it as usurpation — a gross outrage and wiong upon the people of Kansas. Let me read : I say such a thing is without precedent in the legislation of the country ; is unauthorized by and in direct"contravention of the Constitution of the United States. There is nolhiug in the Constitution of the United States which gives colorable authority for such legislation. There ii nothing in the pa.st legislation ot this countrv that gives colorable authority for it. It is a simple act of despotism attempted to be enacted here bv the' Congress of the United States under cover of the Constitution which bears the peerl ss name of Washington. It were better, sir, that that sacred instrument should perish as though smote by the lightning of heaven than Uiat any such act as thai now proposed should be placed upon our statute book. What is it ? Why, that the Confcress of the United States shall dictate to freemen that they shall accept, un " ,v. ' '■J- aN^ ^' -^ c^ " .. 'X. -^. .0^ .^^ %. 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