Mr. GUTHRIE. Mr. President, I have a very distinct conviction in my mind that this bill is not warranted by the constitution and is not warranted by }good policy and sound statesman sbip; but at this hourl cannot do justice to the subject nor to myself by going into it. How icver, I will make a few remarks to satisfy the Gentfrom Illinois that my objections to this bill are well founded, and such as I believe in, and such as I believe the country will come to. It is now 9 months since the war has ceased. The rebellion has been crushed. The adoptionof the amendment to the constitution by terequisite number of States has been an nounced by the only authority that had the right to announce it, the SecyState. but before it was announced this bill was concocted, not exactly in its present form, and it has been proressive, changing like the chameleon. how, what is the pretense for the passage of the hill 2 It is found in the constitutional amendment abolishing slavery, in these words: “Neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in the U.S., or in any place subjectto their juris diction.” The nation has accepted that amendment; it is the language of the nation. My doctrine is that slavery exists no longer in this country; that it is impossible to exist in the face of that provision; and with slavery fell the laws of all the States providing for slaveryevery one of them. I (Ii) not see what benefit can arise from repealing them by this bill, because if they are not recaled by the constitution as amended this bi I could not repeal them. I hope that all the States in which slavery formerly existed will accept that constitutional provision in good faith. I myself accept it in good faith. believing that all the laws aut orizing slavery have fallen, I have advised the people of Kentucky, and I would advise all the States to put these Africans upon the some foo Tng that the whites are in relation to civil rights. The have all the rights that were formerly accorde to the free colored population in, all the States just as fully this da as they will have after this bill has passed, an they will continue to have them. Now, to the States belong the government of their own population, and those within their borders, upon all subjects. We, in Kentucky, prescribe punishment for those who violate the lhws; we prescribe it for the white population; we prescribe it for the free African population, and we prescribe it for the slave population. All the laws prescribing punishment for slaves fell with slavery, and they were subject ailer ward only to the penalties which were inflicted upon the free colored population, they then being free. Slaves, for many offenses, were punished far less than the free colored people. No slave was sent to the penitentiary and punished for stealing or anything of that kind, whereas a free person was. But all these States will now, of course, remodel their lawsnpon the subject of offenses. I would advise that there should be but one code for all persons, black as well as white; that there shall e one neral rule for the punishment of crime in the iicrent States. But, sir, the States must have time to act on the subject; and yet we are here preparinglaws and penalties, and proposin to carry them into execution by military authority, before the States have adtime to legislate and even before some of their legislatures have had time to convene. I think the States of this Union are entitled to some little consideration before you inflict military government upon them, 1866. 601 v which this bill does. The 1st section of this bill attempts to repeal all the State laws and to enact new laws for them, the enforcement of which is put in new hands: and the 4th section creates an army of informers and spies to seek out those who offend against this law, and to prosecute them at the expense of the U.S. The pretense for passing such ameas are as this is found in the 2nd section of the constitutional amendment abolishing slavery, and which declares that “ Congress shall have power to enforce this article by appropriate legislation.” Sir, the American people are the most law abiding people on the face of the earth. If there was an attempt to enslave an African after the passage of this constitutional amendment, the writ of habeascorpus would relieve him, and as soon as the courts had declared the law on this subject there would be a general obedience to it. Those individual cases of outra e and wrong that no Government can provide against might occasionally occur and no doubt would occur. Now, is it fair to these States that we should take them up on suspicion and put them under a militarg despotism in order to enforce this law? Accoring to my understanding of the constitution of the U.S and the sense of the people who adopted this constitutional amendment, they never intended to turn over the State governments and subject them to the dominion of Congress. Now, what is the result of this bill? It enforces through its own officers and through its own agents a prosecution of the citizens who infract it, or commit what they suppose is an“ infraction of it, in favor of the black population, and in favor of the black population only; taking it for granted throughout that the wrong is on the side of the white man alone; making no provision for prosecuting a black man for any crime that he may commit against a white man. I say it never was the intention of the constitution that these States should be subicct to Congress; that we should have one set of officers roscciiting the white man, and the officers of the State prosecuting the colored man for olfenses committed by him. Under the pretense of giving effect to the freedom of the slave, you have originated a system that is constantly Interfering with the laws of the States, and constantly interfering with the citizens of the States, bringing them before your tribunals and questioning them whenever they attempt to enforce a State law against a black man. Sir, ifI know myself, I am determined, in carryiu g out the amendment to the constitution, to do as equal justice to the black man as to the white man in all respects; but I am not willin to believe, and I do not believe, that there is any authority under it to overturn the State governments, and permitting the Federal Government to run into the States to make laws on this subject when it enters into the States for nothing else. I tell you, gentlemen, it is my firm conviction that it can lead to nothing but strife and illfeeling, which will grow and continue to grow. Where it will end, God only knows. The time will not always be that the citizens will be content that the State governmentnts should be interfered with, and that there should be in each State 2 sets of police officcrs, one to punish those who commit what they presume to be offenses against the Africans, and another to punish the African for his crimes under. the taic laws, and that punishment should be made the pretense of prosecuting the white man in your courts. The thing will not work; it ought not to work; and it never should have been introduced here. It is not necessary to secure the freedom of the African. Slavery does not exist. The ordinary process and proceeding of law is ample for his protection. But when you overturn tht State governments, interfere by yourlegislation witht eir laws, supersede their courts, keep up a constant contention between the individuals and the tribunals, you are destroying the unity of this Government, and the purposes for which the States were formed. In this siniple view of the subject, I. consider that there is no warrant in the constitution for such legislation as this, and it is impossible that there should be, and besides, it will be the most impolitic law that ever was passed. The Gentfrom Illinois says that this is simply a bill providing that all persons shall have, their rights. I might return the compliment by saying that it is simply a bill declaring that we have established a military despotism and the laws are to be enforced at the point of the bay onet. This bill and the one passed last week invoke military power everywhere, and throw the protection of the military over anything. Gentlemen, is this a properanswer to this war. to the gallantry of our officers and soldiers, and to the hope of the American people that we should have a restored Union 2 Is it a properanswer to those who have lent you their money and whom you yet owe, to sow this cause of dissension between the States, this pestering interference that will lead to dissension, and God knows what else it will lead to I I say that this bill, as well as the kindred measure passed last week, should not be passed on account of econ omy. It should not be passed on account of your creditors. How many creditors have you now knocking at your doors for money and property seized and putinto yourTreasury, whom you cannot pay, whom youare afraid to make appropriations for? and yet you are taking by these Bills more money from the Treasury than would pay probably the principal of the debt due to these men. Is it just to the creditors to whom you owe this money that you should leave their claims unsettled, and that you should attempt to carry on this Government by such legislation as this? Gentlemen, I am not going to inflict a long speech upon you. Kentucky has had her share of talking here, and, sir, she has had her share of sudering during this war. At one time she was invaded by 3 armies of the rebellion; all but 7 or 8 counties of the State at one time were occupied by its armies, and her whole territory devastated by guerrillas. We have suffered in this war. We have borne it as best we could. We feel it intensely that now, at the end of the war, we should be subjected to a military despotism, our houses liable to be entered at any time when our families are at rest, by military men who can arrest and send to prison without warrant, and we are obliged to go, and we are obliged to pay any fines they may impose. I do not believe that you will lose anything if you pause before passing such legislation as this, and establishing these Military despotisms, for we do not know where thQy are to end. Gentlemen, I will not detain you any longer.