Mr. ELIOT. Mr. Speaker, at an early day during this session I offered for the consideration of the House the following propositions: 1. That the U.S. as conucrors in war now have the political power of the States recently in rebellion. I 2. That until action by Congress.the President.“ Commander in Chiefo the Army and Navy. has authority to organize and maintain government Within said States. 3. That the said Statesare not entitlld to take part in the Government of the U.S. ntil Congress shall on such termsas it may prescribe, confer upon them the power to act. 4. That. disclaiming all desire to imposeon them hostile or burdensomeconditions and mindful only of irreversible guaranteesagainst future disunion or gecessionand of pliirhted faith to all who have aided in the pverthrow of this rebellion, we declareit to be an indispensablecondition for the recognitionofsaid States thattheir constitutionsshould securetoall the inhabitants thereofequal rights beforethe law without distinction of color or race. The resolution embodying these propositions was referred, under the rule of the House, to the ComReconstruction, and the action of that committee is now before the House in the form of a proposed amendment to the constitution and of 2 hills, which will be considered in their order. The proposed amendment contains 5 sections, and they are as follows: Site. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens aonf ythpeer U.S.:rtnyo, orr sphraolpl earntyy.Without due process of law: nor deny to any person within its uriictiun the equal protection of the laws. EC.2. reircsentativus shall be apportioned among the several tatcl which maybe included Within this Union according to their respective numbers, counting the whole number of persons in each State. excluding Indians not taxed. But whenever.in any State. the elective franchise shall be denied to any portion of its male citizens not lessthan 21 years of age or in any way abridged, except for participation in rebellion or other crime. the basis of representationin such State shall be reduced in the proportion which the number of such male citizens shn lbear to the whole numberofinalecitizensnotle ss than 21 years of age. I Saudi. Until the 4th day of July. 1870. all persons who voluntarily adhered to the late insurrection. giv ing it aid and comfort, shall be excluded from the right to votefor Representativesin conmasand for electors for President and VEEP of the U.S. See. 4. Neither the U.S. nor any State shall assumeor pay any debt or obligation already incurred or which may hereafter be incurred. in aid of insurrection or of war against the U.S., or any claim for compensation for loss of involuntary service or labor. Sac. 5. The Congress shall have power to eiilor cby appropriate legislation the provisions of this article. This amendment is not, as I believe, all that ought to be olfered by that committee and passed by this House and made by the loyal legislatures of the U.S. a part of our organic law; but it is right as far as it goes, and upon careful examination I find contained in it no compromise of principle. That being settled I am willing to defer to the opinions of other gentlemen, and be content With the best that can be obtained. In the 4th proposition submitted by me in December last I stated what, in my judgment, we ought to demand. But that cannot be had. The time will come, I do not doubt when in this Union of ours all men Wlll stand equal before the law in their political and ciVil rights. One amendment to the Constitution has been passed by this House and rejected by the Senate. felt compelled to vote against it here although I regretted to be separated from friends whose judgment I respect. But for the reasons which i briefly gave at the time I could not unite With them upon the proposition then made. The amendment now offered, while it is not all [could ask is not open to the objections which then controlled my vote and now, Mr. Speaker I shall very briefly give my reasons for sustaining the report of the committee and voting for the amendment which they offer to the House. 4 4 I support the 1st section because the doe trine it declares is right, and if, under the constitution as it now.stands, Congress has not the power to prohibitState legislation discriminating against classes of citizens or depriving any persons of life, liberty, or property without due process of law, or denying to any persons within the State the equal protection of the laws, then, in myjudgment, such power should be distinctly conferred. I voted for the civil rights bill, and I did so under a conviction that we have ample power to enact into law the i provisions of that bill. But I shall gladly do whatimay to incorporate into the Constitution provisions which Will settle the doubt Which some gentlemen entertain upon that question.v The 2nd section, Mr. Speaker, is. in my judgment, as nearly correct as it can be without being fully, in full measure, right. But one thing is right, and that is secured by the amendment. Manifestly no State should have its basis of national representation enlarged by reason of a portion of citizens within its borders to which the elective franchise is denied. If political power shall be lost because of such denial, not imposed because of participation in rebellion or other crime, it is to be hoped that politi chl interests may work in the line of justice and that the end will be the impartial eiifranchisement of all citizens not disqualified by crime. Whether that end shall be attained or not, this will be secured: that the measure of power of any State shall be determine poblyititchaalt portion of its citizens which can speak and act at the polls.vand shall not be enlarged because of the residence within the State of portions of its citizens denied the right of franchise. So much for the 2nd section of the amendment. It is not all that I wish and would de mand; but odious inequalities are removed by it and representation will be equalized, and the b: political rights of all citizens will under its operation be, as we believe, ultimately recognized and admitted. The 3rd section, Mr. Speaker, disables until July 4. 1870, those who voluntarily sought to destroy the Government from taking part in the election of President and Representatives in Congress. Will any gentleman venture upon this side of the House to argue that such men should be restored at once to all their political rights within the Union? It is clear a on adju ged law that the States lately in rebo lion, and the inhabitants of those States, by force of the civilWar and of the Union triumph in that war, so far hate lost their rights to take part in the Government of the nion that some action on the part of Congress is required to restore those rights. Pardon and amnesty ven by the President cannot restore them. hose men cannot vote for President or for Representatives in Congress until in some way Congress has so send as to restore their power. The question, then, is very sim le: shall national power be at once conferre on those who have striven by all means open to them to destroy the nations life? Shall our enemies and the enemies of the Government, as soon as they have been defeated in war, hel to direct and to control the public policy 0? the Government? and that, too, while those men, hostile themselves, keep from all exercise of political power the only true and loyal friends whom we have hadduring these 4 years of war within these southern States. Mr. Speaker, if this war has not been fought in vain; if our young men have not in vain offered up their lives in battle for their country; if the treasure and life of this land have not been sacriliced for naught, this thing must not be done. But, Mr. Speaker, this section is not vital to this amendment. It maybe stricken out, and the affirmative value of the amendment Will yet be retained. I do not a c with these gentlemen who have centende that the amendment would be in effect deprived of its great value if the 3rd section is omitted from it. The objection to it, the only objection which I remember to have heard. excepting that made by the Gentfrom Ohio, [Mr. GARFIELD] which was answered by his colleague, [Mr.SeiiiNex] is based upon the argument that the section would be practically ine perative. If that can be shown it should not be retained. But I have this to say in reply to this suggestion: there are 2 descriptions of persons who may be affected by this section. here are, 1st, the masses men who do not direct affairs, but are themselves guided and controlled by others. There are, as we have reason to believe, multitudes of these men who had no heart for the rebellion, as they could see no profit to themselves even in its success. They were led into it, seduced into it, dragged into it; yet, bein engaged, they may have so far voluntarily side as to be within the letter of this section. From their early life these men had been accustomed to defer to the will of others. Now, there maybe difficulty in up lying this provision to sue as these. Indeed), I am not anxious that it should be too generally applied and it would probably be found, in the practical operation of this section, that such men were not so “voluntarily” acting as to be embraced by its terms. The will was wanting. They engaged in the rebellion more by force of the Will of others than of their own. But this section would reach the solid rebels, the men of weight. of personal force, of high social character and position, the leaders in the various circles; these men would be reached. There might be doubt as to the others, but here there would be no doubt. In every community the leading men are known; because they were leaders they are known. They have controlled affairs, they have formed public opinion they have swayed and directed and panne. Without these men of leadin character, and strong will, andersonal individual energy, the rebellion couldI not have gained its great proportions. These men knew well what they wanted, and they knew well how they might mostsurely succeed. Whether in field or camp or council, in the arm or in civil life, in cabinet or counting room, In city or in country, these men are known; there can be no doubt as to them, Now, when the whole efforts of these men were directed against the Government, I want to ask if there is any reason or propriety or decency or sense in permitting them now at once not only to be remitted to all political power, and thus to determine, so far as they can, by whom the legislation of Congress shall be conducted, and who shall be our resident, but also to determine themselves the very questions involved in the reconstruction of the government. We have become conquerors, have we not? Tell me, I pray you, when was the may nanimity of the conquering tome ever taxed as the nmgnanimity of t iis nation would be by such O proposition? If this 3rd section is stricken from the amendment I shall still support it. But unless I shall be satisfied by the arguments which I may hear that it will be so impracticable to enforce the provisions con.tained in it that it would be substantially ine perative, I shall vote to retain the provision in the amendment as reported. Mr. Speaker, the 4th section of the amendment commends itself to all of us without argument. It does not need to be defended and for one, I am content to approve the action of the committee, and to commend it to the favor of the people whom we represent. I can have no doubt that the duty is laid upon us by events which we could not control so to legislate that the restored Union shall be perpetual. Our peopledemaud this now at our hands. The responsibility is fearful, but it is glorious too, if only we do right. Never had any Congress such questions to determine. They enter into the whole future life of the Republic. We have seen the false corner stone knocked from beneath the temple. It must be relaced by a corner stone of righteousness, so and nare and true and that work is in our ha, and it must be done. Now Mr. Speaker, I believe if this amendment shall be adopted here and the bills reported shall be substantiall enacted, the great work committed to us will e quickly and well accomplished. If it be possible let us act to ether. It is not possible that all of us can be ully satisfied. But this amendment is, in my judgment safe and sure common standing ud. Iiet us place ourselves upon it. There is room enough for all.