Mr. STEWART. I will go on. In discussing these questions, it is embarrassing for anyone to do so without taking into consideration all the circumstances by which we are surrounded and the other propositions of this committee, and I propose to take up the other propositionsin connection with this, so as to see from time to time how this bears upon the general question. There is another reposition of the committee of 15, which, i passed, will obviate the necessity of passing this, and obviate the necessity of any further constitutional amendment, and I think obviate the necessity of an more State Legislatures or conventions. Tot atI propose to call the attention of the Senator, an it may be if we pass that, it is everything that it is necessary to do. I believe it accomplishes the whole work. All other legislation to fix guarantees is very unimportant if the article recently reported is passed, and I call the special attention of the Senate to this reposition to amend the Constitution of the U.S. The resolution has not been at all discussed here, and my only object. in calling attention to it is. to show that it is apart of the work of this same committee, and to estimate if possible how long legislation will have to be do ayed if this resolution passes. The merits of one depends so I much upon the other that it is impossible, it seems to me, to consider one fairly, and particularly the one under consideration, without an examination of the others, in order to see whether it is necessar to wait for their final adoption or whether they are ever likely to be adopted. The ropesitions are 3 in number; the one which immediately preceded the resolution under consideration proposes the following as an amendment to thh constitution: ARTICLE. The Congresss hull have powerto make alllaws hich shall be necessary and proper tosccure to the citizens ofeuch State all privileges and immunities of citizensin the several tame;and to allpersons in the several States equal protection in the rights of life, liberty, and property. This resolution has not been discussed. My only object in calling attention to it in this connection is that this part of the plan of reconstruction for which time is asked may not be overlooked. If I understand it correctly, it would work an entire change in our form of government. The 1st clause is not very material perhaps. It provides that Congress may pass laws to carry into effect apart of the constitution of the U.S. as it now stands, which might be all well enough if the U.S. courts had not already complete jurisdiction to make part provisions of the Constitution effectual; for a citizen of each State will enjoy all the privileges and immunities of citizens of the several States, unless some State should pass a law abridgingthatright, which law would be unconstitutional, and the courts would be bound so to declare. I repeat, the present provision of the Constitution will have all the effect of securing to the citizens of end! State all the rights and immu nities of the citizens in the several States, unless some State passes a law which denies that right. Then the U.S. courts have jurisdiction. Missourionce undertook that experiment in the memorable contest of 181920. An act was passed to allow Missourito form a State government with slavery, provided certain territory should be reserve to freedom. She organized a constitution, and came here for admission with a clause that negroes and mu lattoes should not enter the State, Or rather she said that the 1st session of the Legislature should pass such a law. Congress decided that thiswas in violation of the constitutional provision that the citizens of each State should enjoy all the rights and immunities of citizens of the Several States, and Mr. Clay, after the subject was discussed for weeks and weeks, offered a proviso which was adopted, and sent I the State back. The proviso said that she might come into the Union if her Legislature would consent never to exercise that power; and the reason why it was sent back was because it was in conflict with the Constitution of the U.S. as it then stood. I believe Illinois and some of the western States did practically carry this out for awhile, refusing to allow free negroes to go among them; at it was not for the want of a law but for the want of somebody to enforce it. The courts were open to anybody to enforce it. We had law enough. Why empower Congress to pass a law when on have the protection of the Constitution? at that is not the material part of this resolution; I wish to call the attention of the chairman to it, for I am in earnest about my construction and believe that I am correct. The last clause taken in connection with the 1st part of the sentence to which it belongs, omitting the intervening words, reads as follows: The congress shall have power to make all laws which shal be necessary and proper to secureto all personsin the several States, equal protection in the rights of life, liberty, and property. That is to say, Congress shall have war by law to make all the laws in all the States affecting the protection of either life, liberty, or property, precisely similar; for the protection of life, liberty, and property, must lie equally secured to al persons in all the States and how shall this e effected, unless the laws are equal? and how shall they be made equal except by Congress? The laws of the several States in this Union are very dissimilar in many respects, and some may a 0rd greater protection to life, liberty, an property than others; but Congress must examine and modify all these laws, so that they shall afford the same protection in all the States that they do in any. The only way this could be accomplished, would be for Congress to legislate fully upon all subjects affecting life, liberty, and (property, and in this way secure uniformity an equal protection to all persons in the several States. When this was done, there would not be much left for the State legislatures, for I apprehend that the great ho y of the laws of the several States as in fact of an government relate to the protection of life, liberty, and property. Undoubtedly this had reference to some other subject. It undoubtedly had reference to protecting the negro or something of that bird, but it does not say that the shall have the same rights and privileges in the several States as in any State but it says throu bout the U.S. The laws affecting li e, liberty, and property shall equally secure these ends. Congress must pass allaws atfecting life, liberty, and property, and I would like to know what is left to the States after you pass all these laws; and it must be done so as to secure these ends equally to all persons; We shall have no necessity for State Legislatures when that is done. But I hardl think whet! this is examined that anybod will favor it. We have got along so far so wel that [hardly think we are willing to say that the laws of the States shall not continue to afford protection to all persons within their limits. think the committee had in view one object, but by their amendment would accomplish another. Is all action going to be postponed until this amendment is adopted byt e States? I do not think it will ever be adopted, and if adopted there will be great difficulty in making laws equal in Massachusetts and in SCarolina so as to protect life, liberty, and property in the same way in both. It seems to me that the grammatical, legal, and necessary construction of this propose amendment can hardly have been intened by its framers. But I procan to consider the various propositions, and will pass on. If the Senate would give me an adjournment now I should like it very well as I am really about to commence m speech.