Mr. HIGBY. Mr. Speaker, 2 propositions will be observed as embodied in that resolution; one is that it pronounces the constitution presented by Tennessee republican in form, and the other is that the only means by which the State can have any representation in congress is to be through the “lawmaking power of the U.S. ” Together with the resolution came to this House a largeamouut of testimony which had been taken by the committee in reference to the condition of Tennessee. In this volume is embraced an act of the General Assembly of the State, in which they prescribe who shall exercise the elective franchise. It is as follows: An act to limit the elective franchise. Whereas the 1st article and 1st section of the declaration of rights in the constitution of the State of Tennessee declares. "That all power is inherent in the people and all free goyernmentsare founded on their authorlty and instituted for their peace. safety and happiness; for the advancement of these ends they have at all times an inalienable and indefensible right to alter. reform or abolish the government in such manner iis the y may thidi proper: and whereus a large and respectable convention of the free and loyallpoo 19of the tatoof Tennessee met in the city of as ville on t a 9th day of Jaguar, 1865 and proposod certain alterations and a onmentsto the constitution of the State of Tennessee. for rqcction or ratification by the loyal peopleon the 22dol February following: and whereas snid amendments and schedulewero solemnly ratiliedwith great unanimity by the authoritative voice of the people; arid whereas the 8th sectionof said schedulepro vided for the electionofa governor and membersof the Legislature on the 4th dayof March, 1865 and who. in accordance therewrth, were elected by the balfotsot the loyal people; and whereas the same authoritative voice. in section 9 of the sched ule. delegated to the General Assembly moetin 1st under this amended constitution. the right to x the qualification of voters and thplimitation oftho elective franchise: the rofore.acting faithfull underand in accordanceWith this delegation of the supreme power. Sacrios 1. Be it enactedby the GeneralAnemblp of thy: State a Tennenee.That the tollowmg persons, to Wit.1. Every white man 21 years of age. a citizen of the U.S and aoitizen of tho county wherein he may olferhis vote 6 months next preceding the day of election, and publicly known to have entertained unconditional nion sentiments gain the outbreak of the rebellion until the present mcan 2. Every white man. A oitizen of the U.S and uIcituen of the county wherein he may otier his vote 511 months next preceding the day of election. having arrived at. the agcof 21 years since March 4, 1865: Provider], That he has not been ongiied in armed rebellion against the authority of the U.S. voluntarily zeal 8. Every white man of lawful ago 00mm from another State and being a citizen of thoU.S. on proofof loyalty to the U.S., and being a.citizen of the county wherein he may offer his votesix month: next preceding the day of election and I 4. Every white man. a citizen of the U.S and a citizen of this Siatc. Who has served as a soldier in the army of the U.S and has been or inay be hereafter honorably dlSE lJtl lftt therefrom; and 5. Every white man of lawtu age.acitizen of the U.S and o citizenof the county wherein he may offer his votesix monthsn ext pieceding the diiy of election. who was conscripted y force into the socalled confederate army and was known to be a Union man. on proof o floynlty to the U.S., established by the testimony of 2 votersunder the previouse lausesof this section: and 6. Every white man who voted in this State at the presidential election in November. 1864or voted on theZZdof Februnry. 1865 or votedon the thof March. 1866.in this State and all others who had taken the "oath of allegiance" to the U.S and may be known by the Judges of election to have been true friends to the Government of the U.S and would have voted in said previously mentioned eloction if the samehad beenholdeuWithin their reach shall be entitled to the privileges of the elective franchise. I 81 20. 2. Abife: That all persons who are or shall have been civil or diplomatic officersor agents of those called confederate Statesof America or who have left judicial stations under the U.S or the State of Tennesseeto aid. in any WiW, the existing or recent rebellion against the authority of the U.S or who are or shall have been military or naval officersof these called confederate tSetnataenst.ianbthoevneathvey rank ofcaptain in the armyor lieu or who have lcft seatsin the U.S. Congressor seatsin the Legislature of theState of Tennesseeto aid sai ebellion or have resigned commissionsin the arm rNa of the U.S., and afterward have voluntari given aid to said rebellion; or personswho hav engaged in treating otherwise than lawfully. as pr nnersofwar. persons found in the U.S. service us officers.soldiers, seamen, or in any other capacitiosor persons who have been or are absentces from the U.S. for the purpose of aiding the rebellion: or persons who hcl pretended offices under the government of Statesin insurrection against the U.S.; or persons who left their homeswithin the Jurisdiction and protection of the U.S or tied befoio the approach of the national forces and passed beyond the Federal military lines into the socalled confedorato States. for the purpose of aiding the rebellion, shall bedenied and refused the pllVlltBto! f the elective franchise in this Stuto for the term of 15 years from and after the passage of this not. Sac. 3. Abife: That all otherpersons. except those mentionedin section one of this act.are her e y and henceforthexcluded and domed the air aromaof the privilege of the elective franchisein this, the State of Tennessee. State furnished 30,000 Union soldiers Stats for tho, term of 5 years from and after the passageof this act. Sec. 4. Abife: That all persons eni bracedin sectionthroc of this net.after the expirationof said 5 years, may bereadmitted to the privilege of the elective franchise by petition to the circuit or chaiicery court. on proof of loyalty to the U.S. in open court, upon the testimony of 2 or more loyal citizensof the U.S. SEC. 5. lie il furllur eitiir rul, That 501011:1118M)? of thp white citizens of the State of Tennessee, who by this act are entitled to exercisetheelectivefranchise, shall be (YOIJHEClQdWllhlllQAllliy llflllC U.S or with the military forceof this State in actual service. the Governor shall issuewrits of election to the commandingofficers of such brigades regiments or detachmentsof Tennessee soldiers wherever located. who shall open and hold the election, and receivethe votesof their respective commands and return the some to the SecyState and which shall be countedin the sameway and manneras ifsaid votes had beencast in any of the counties of the State to which the soldiers belonged. It will be observed, in looking over this act, or the portion to which I direct your attention more particularly, that the elective franchise is to be limited to the white citizens of the State, those who have been loyal, as it disfranchises those who have been engaged in the rebellion and further, this act is final upon the subject; as the constitution, as amen ed, “delegated to the General Assembly meeting 1st under this amended constitution, the right to fix the qualification of voters and the limit,ation of the elective franchise.” So that further to amend the act from the reading of the sched ule it would seem is not in the power of the General Assembly. Now. I wish to present a few facts immediately under this proposition. The resolution says that the constitution is republican in form. With the constitution comes this act of the Legislature upon the subject of the elective franchise. Althe facts are embraced in the report which we received from the committee at the same time that this resolution was introduced. I have taken the trouble to make a little table from the census of 1860. whichis as follows:. Stolen. White. Gilorcii. W.. Less than 2 to 1. Less than 8 to 1 NCarolina, 631.100 Less than 2 to 1 SCarolina. 291.338 Less than 3 to 4 i. 591.5 Less than 3 to 2 Less than 5 to 4 Less than 5 to 4 Less than 1 to 1 Nearly, equal. Lesa t on 3 to 1 Nearly 3 to 1 Lessthau5to8 In which I have united together in one sum the slave population in each State with the free population of the some, because since the slaves have become free they belong to the free colored population of the State and I find this to be the fact with reference to Tennessee: white population, 826, 782; free colored population, 283, 019. The proportion is less than 3 white citizens to one colored. In other words, the colored population in 1860 was more than one 4th of the population of the State. It is but a few days since ii. law passed this Congress more dignified than legislative enactments usually are, for the reason that it passed, notwithstanding the veto of the President, by more than a 2/3rds vote of each House. What did that law declare? I do not consider that we made the native born colored man a citizen by it, for I believe that without that enactment he was a citizen of the U.S.; and I believe that a majority of the people so believe. The most eminent men of the nation for wisdom and learning so construed the Constitution of the U.S. But we declared it thus solemnly that native born inhabitants, no matter of what race or color, were citizens of the U.S. Now, then, what is the simple fact presented by the figures? We have some means of arriving at the measure of loyalty or disloyalty in It is said that that to he] fight the battles against the rebels. It is sni on the other hand that Tennessee furnished 100,000 men for the rebel army. But, sir, supposing it was 50,000 Union soldiers to 100,000 rebel. Of course we cannot arrive definitely at the true proportion. The Legislature of that State has isfranchised those who were encaged in the rebellion; so that the voting population of the State is reduced to those who remained loyal to the Government during the whole struggle. I am speaking of the white population. What, then, do we have presented? It comes down to the simple fact that a white population no greater than the colored population of a State are to have the entire control of the administration of the government of the State. Mr. Speaker, I want to read a few words from the DeclarIndep upon this question of bestowing civil rights and political rights. I think the definition is conclusive: "We hold these truths to be self evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights: that amongtheseare life, liberty and the pursuitofhap iness; that to secure those rights governmentsare stituted amongmen deriving theirjustpower from the consent of the governed.” There is, then, according to this language, no security of “life, liberty, and the pursuit of happiness unless those who are seeking these ends have the power of government in their hands. That is the logic of the language. What, then, do we bestow upon men by attempting to secure to them civil or political rights? Why simply this: that they shall have the power of administering the Government. It is conclusive therefore, that nothing is effected by simply declaring that you extend to them civil rights if in a republican government in which the power rests with the pee llC they cannot, together with others, possess tllie political power to protect themselves in these 11 ts. 8Sir, I do not know where the power lies to takeaway the privilege of the elective franchise from a citizen of the U.S. Asa citizen of this country that privilege is one which belongs to him of right. such is the definition and such is the logical and just conclusion. I find this definition given by our great lexicographer, Worcester: Citizen. An inhabitant of a republic who enjoys the rights of a citizen or a freeman and who has a right to vote for public officers; as, a citizen of the U.S. The greatlexicographer, Webster, uses about the some language in iisdefinition of a citizen. Then, sir, I quote another authority that is looked upon as very good in this country: "The article in the constitutinn of the U.S. declarinir that citizenspf eachState wereentitled to all the privileges and immunities of citizens in the several states applies only tonatural born or duly naturalized citizens; and it they remove from one State to another they are entitled to the privileges that persons of the same deseription are entitled to m the State to which the removal is made, and to none other. The laws and usagesof one State cannot be permitted to prescribequalifications for cilisons to e claimed and exercised in other States in contravention to their local polio. “"I twas decl ared, 1nQ orficid o4.Coryell, that the piroivnile ogf etshean U.S. ctoonce ietidzeednbsyi Anth the ceosnesvteitrua l States were to boconfinedto thosewhich werein their nature fundamental, and belonged of right to the citizens of all free Governments. such arcthe rights o0mf protcction of life and liberty and to acquire and property, and to payno higher impositions than other citizens, and to pass through or reside in the State at pleasure, and to according to the regulatioenns jooyi the electivefranchise the law of the State." That is from Kents Commentaries. Some may contend that this reulation may go to the extent of prohibition. nt, sir, prohibition is not regulation. The language is plain and explicit. The citizen has a right to vote; and there is no power under the Government to exclude him from that right. [do not care what may be the race or color of a man, if he is a citizen of the U.S., that is a right of his a paramount right. It is true that States may have their regulations on the subject of suffrage. A State may grovide that a citizen coming from another Gate must reside within its limits a certain lenggh of time before he can vote. It may pre5011 c that a citizen must have attained a certain age before bein allowed to exercise the elective franchise. at this is no such exclusion as that on account of race or color. But, sir, what is the extent of this resolution. It proposes to admit the State of Tennessee, coming here upon the basis I have named only a very small proportion of the white population, taking the same number that it had in 18i20. Sir, without meaning to be captions, I say that such a proposition has no element of republicanism in it. Let me state a case which may arise, and let us see how members of this House are willing to meet it. You will have some of the 11 seeeded States coming here and asking to be admitted whose colored population is in excess of the white population. In the State of SCarolina; for instance, a large majority of the population are colored people, new citizens. suppose the colored people of the State of SCarolina should come here with a constitution asking to be admit ted. The have been loyal through all this struggle. They are citizens of the U.S. They present to congress a constitution more generous and more liberal, if you please. They make no distinction of race or color. If you admit them with such a constitution you violate the principles contained in this report. There are some stubborn facts which we must meet and face, and we had better face them in the beginning. It is not so hard to do right if we will trample prejudices beneath our feet and come up to great principles and stand by them. It is for better, sir, that weshould come up and meet the question now, than wait until time forces us to do so. I find, in footing up columns in the table presented, that in 18630there were 5, 449, 463 of white population, and 3, 653, 870 of colored people in the 11 States. More than 3/5ths of the population now are colored people. Deduct from the computation those men who have been disloyal to the Government through this rebellion and what proportion won] the white opnlation of those States bear to the colored people? You would then have 5 of the colored to 3 of the white eptitled to the privileges of the elective franc nse. If the principles proposed new to be adopted in the case of Tennessee should be accepted, they must be followed in the case of every other of the 11 States that may ask to be admit ted, and we shall find in the end that we have ignored as citizens the majority and given the government to the minority, and by so doing will have tram led niider foot the cat and vital principle that lies at the foundation ofour institutions. Mr. Speaker, it is urged that we hive no right to say who shall vote and who shall not vote. It is even said by some of the members on this side of the House, the Union members of Congress. it is said, you cannotgo into the States and dictate to them who shall vole and who may not vote. Well, I grant this is true under the present condition of things, so far as regards the States that have never been in rebellion. The Government of the U.S. does not propose or attempt to go into anyone of the States now in close fellowship with the Government and represented here, and say to them that all classes of citizens without distinction of 126 or color shall vote. It is true that the general principle has been to leave that question to cac of the States. Sir, if Tennessee and Virginia are today Slates in the Union, possessin the same rights as Pennsylvania and Massachusetts, we have nothing to say upon this subject one way or the other. But it, as is declared in this resolution, the lawmaking power of the U.S. is to settle now the question of the representation of the 11 States that have been in rebellion, and at the same time to examine the constitution of each of these States to see whether it be republican in form, then at the same time the lawmaking power of the U.S. has the right and the power to settle the question whether the State has allowed the citizens of the State to vote or not in organizing and establishing the new State government; and further, the resolution imposes terms and de clares the condition of the citizen entitled to vote. It may be said that what constitutes a government republican in form depends upon the opinion of individuals. But the general principle, Ipresume, will be admitted, that a government is not republican in form if it excludes a large portion of the citizens from participation in the government; I mean without any contingency whatever an absolute and unconditional exclusion from such rticipation. We, sir, have the control. eare acting as the lawmaking power with reference to the condition of each of those States; and it is our duty to declare that no constitution of government is republican in form that iinconditionally excludes from the elective franchise any portion of its citizens for any reason whatever. Sir, there will be no (liificulty in. the settlement of the nestion when we get ready to yield our prejudices to right and justice. Mr. Speaker, there are 2 very important questions involved in the present admission of anyone of those States. Of one of those i have s oken; that is, the exclusion of aportion of the citizens of anyone of the States from the elective franchise. There is another point, which when closely scrutinized is a little starth ng in its character. The proposition in this resolution is to admit Tennessee as a State of the Union. The presuin ition is that if readmitted, she will he entited to at least the same number of Representatives that she had when the rebellion commenced. and, sir, the principle will hold true in the case of each of the 11 States that took part in the rebellion, wher 5 r the shall be in as lit a condition to be receive as Tennessee is said to be now. If the other ten States disfranchise the same class that Tennessee has disfranchised, the whole 11 States, while having the same number of Representatives as they adat the commencement of the rebellion, will possess a voting population less than half what it was at that time. If we adopt this resolution we establish these 2 points: in the 1st place we permit the white citizen to participate in the government to the exclusion of the colored citizen; and 2ndly, we allow an undiiniiiished number of Representatives to less than half the voting population at the commencement of the rebellion. I cannot believe that the people of the loyal States are ready to submit to such a sac iilicc. Further than that, Mr. Speaker, it would seem to be rewarding rebellion if we should allow those States to come here with the same number of Representatives that they had previously to the rebellion. While the white population who have remained loyal all through this struggle would have a double representation in these Halls, the colored population, who have been loyal, obedient, an devoted to the Government thron liout the rebellion, would be ignored and excluded.Sir, thisact of disfmnchisement is to expire after a certain time with reference to a certain class. After a period specified, the rebels are to become again citizens and voters. But no revision is made for admitting to the elective Franchise that other class of citizens of whom I have spoken. I am aware, sir, of what is urged with reference to the claims of the State of Tennessee. I am aware at an early period that State sought to bring itself into loya relations with the government. Restablished a new constitution. The Legislature ratified the constitutional amendment forever prohibiting slavery, and adopted other legislatioa with reference to reorganization. The people of that State have elected persons to be I representaiives in this House, and the Legislature has chosen Senators. But, sir, as has been iterated and reiterated here, the excellence of the character of the men who come here as Representatives is not the question. The question is as to the basis of representation, the chamcter of the people represented, their condition and their relationship to this Government. lic man can be a reroseutative here without a constituent:; an the character of that constituency is the prime element in the investigation of a question of this kind. Mr. Speaker, if every Representative in this Hall who professes to be a Union man I speak of those Representatives who have acted together on this side of the House during the 37th and 38 h Congresses, and are acting together now and those of the same class at the otherend of the Capitol would upon this question take a distinct and definite position on the side of the great principle which have indicated, acting upon it and sustaining it with all their powers of mind and heart, there would be no difficulty about thisquestion of reconstruction. The great mass of the loyal pleeople of this Union are ready to sustain their presentatives upon this proposition. There is no other way to settle the question. It is the decree of the provi once of God that those men who have been in rebellion shall be offensive to the instincts of eve loyal man: and it is His will that keepsalive in our hearts and our memories their true condition, which renders them unfit to be represented in these Hulls. Why, air, if we can read the acts of it Being superior to ourselves, it may be reason able to suppose that the object of the divine purpose is to hold us back from the work of hasty reconstruction and to delay that work until the prejudices of members in these Halls shall be so far removed as to enable them to act justly upon this great question, when they do act, and settle it upon a basis of nail justice to all and of permanent peace an prosperity to the country. Sir, some people talk about a “policy” of reconstruction. it is said that there is a policy with one branch of the Government. I am glad, air, to be able to say that there is no distinct policy with Congress. I declare, sir, that it is not within the Wisdom of man to devise a plain, definite policy by which all these questions are to be settled. The question as to the proper course to be pursued with reference to those men who have been in rebellion is do cidedly the most troublesome question with which legislators were ever called to deal. But, sir. we cannot dispose of that question until we place ourselves ppon the principle that they who are loyal to this Government shall, without distinction of race or color, participate in the administration of it. When we are ready to act upon that principle we shall then the more readily and easily undertake the solution of the other great question, which is always bound to be far more difficult until we take the right position upon the 1st. A “pol cy l" Why, sir, there is one policy, if it can ecallod such, which is easy to understand not easy to act upon. It is to trample right ar. l justice under foot. It is to receive into our breasts the poison whose fatal influ pnce lns been so fully demonstrated. It is to ine ciirate upon our Government a branch from that foul Lpas which has in the days of the past cast its deadly blight upon this nation. Sir, it would be a very easy t in to incorpo rnc again into the Government the evils under which we have suffered in the past, and which did so much to bring upon us the horrors of the recent rebellion. Sir, in the healing art there are 2 classes of physicians. Those of the one class are able to heal the outward symptoms of a Wound, to give it a healthy surface, and remove the corruption which meets the eye, while the virulent and deep seated disease still lingers in a latent form to break tbrth soon again with increased severity. But, sir, a physician of the other class. with the skill of the wisest surgery cuts deeply and eradicates the festering mass, and thus by a merciful severity restores lasting health. Mr. Speaker, when we are ready to act on principles right and inst we will then find we will have far less ditheulty in the way. A policy will in time begin to she e itself sufficient for all practical pnr oses. ewill then finally settle a question he like of which we have never before had in our history, and the like of which i think the history of no nation on earth has ever "exhibited. It was impossible for man alone to grapple with the condition of things all through the rebellion. There did seem to be a sufferior Power that was directing all things, an that same Power Will lead us on, ifwe move with care. wisdpm, and justice, to a right and a proper conclusion. nnsronlirion or run UNION.