Mr. KELLEY. The gentleman argued that i was against the Will of the majority. But I accept. his modification very gladly. Moral right is, in my judgment, power. In the Presidents 1st messageand I am very happy to know that I am sustaining his views whon pressing this matter upon congresshe has told us that were he in Tennessee he would advocate the extension of suffrage to the colored peoie of that State and that being the case, I now he is its friend here indeed, he has so assured me personally. The President, however, falls into a slight error in the course of his message. On page 13, I find it written: “But while I hays no doubt that now. after the close of the war. it is not cometent for the General Government IOQIKtBnd the c eotive franchise in the several States. it is finally clear that good faith requires the security of the freedmen in their liberty and their property, their right to labor, and their right to claim a just return of their labor. I canpot too strongly urge a dispassionate treatment of this sub which“ should be carefully kept aloof from all We must equally avoid hasty assump impossibility for the 2 racesto "mutual benefit and good no inconsistency "it in good is. Sir, it is evident that the absorbing duties in which he was engaged while military governor of Tennessee, and in the high office towvhich he was so suddenly and unexpectedly called, have prevented President Johnson from exam ining that question historically. We have been in a murky political atmosp ere for 30 or 40 ears, and our views o historical matters have been bedimmed. I turn to James Madison to vindicate the saguicity of the founders of our Government. Those founders built. not for a generation but for all time. They were skiiifu architects, and understood the laws and principles of the business they undertook. They built by s dare and compass and rule, and omitted neither cornerstone iior keystone from any arch in the temple they constructed to be the abode of freedom in all time. They made it the duty of the U.S. Government to guaranteeing to each Male a RFG, and having done that they did not fail to provide the means by which the Government on which they had laid that duty should be able to icrforin it and they gave Congress the amp est power to execute that section, when, in section 4,article 1, they provided that “Tho times. places and manner of holdin clect ons for Senator! and rerescutatives shall prescribedin each Stateby the Legislature thereof; but the(humans may. at any time. 01/[runmakeor allrr ml "gradations, exceptas to the placesofchoosing Senators.” New, sir, what did they mean by that provision? Let James Madison, Patrick Henry the eloquent champion of State rightsNich olas, Clay, Wyeth, Tyler; let Monroe, who interrogated Madison on the point in question, Alexander White, George ilasou, Governor Randolph, Corbin, and Graysou. all answer. Sir, could the shades of the nreat departed respond, they would all reply “ on have expressed its purpose as announced to us by James Madison, and we assented to it as an. essential power.” They all participated inthe debates of the day, to which I now refer. I read from Elliotts Debates in the convention of Virginia upon adopting the constitution, on Friday, June 13, 1788. The 4th and 5th sections of the constitution being under consideration. Mr. Monroe wishedthat the honorable gentlemen who had been in the Federal Convention would ivo information respecting the clause oonce rni e co tiens. lie wished to know why Congress h an ul timatu control over the time. place and manner of electionsof Representatives and the time and manner of that of Senators: and also why there was an exceptionas to the place of electing Senator.” Mr. Madison, the father of the constitution, the correspondent and friend of Washington the colaborer of Washington from the liourthey became memberselect of the convention to the close of the adopition of its work by the people answered this searching question; and the great statesmen whose names I havementioned sat around and were satisfied with the answer. No member of the convention took exception to it. Mr. Madison said: th"aMt irf. Congress. othueldrfiexastohneopflatheee of exception singwtahse. Senators. i t might compel the State Legislature to elect themin a different placefrom that of their usual sessions. which would reduce some inconvenience and was not necessaryor the object of regulating the elections. But it was necessary to give the General Government a control over the time and manner of Shoosing the Senators to prevent its own dissolu ion. Mark the reason.” With respect to the other pointdt was thought that the retailtion of the time. ilacc and manner of electing representatives should be uniform through out the continent. Son iSetates might regulate the elections on the principles of rep upiity, iui d others misht regulate them otherwisc. hisdiversitywould he obviously unjust. Elections are regulated now unequally in some Staies. partieuinriy SCarolina. with respect to Charleston. which has atopresentaeion of 30 members. Should the people qfany late by any mums be rl rived of (In: fight of mirage. it real judged proper(a! I should be "me Jud bv rhe General GWGHMKIM. It was found tin or “x the time. place and mannerpf the c ee tatives in the constitution. It was a allre, V aW1:8: PM. the regulation of this, in up His discmm mm In m bi. ilii;. ourSe, une 8 not v o Q). 0W r1 010mmpo. at; Ind inlay Em um e, but it 0n tionoof my 239 in BitsslVeflus nu, I ear the ends it that up The whU)r e not] w, L The exvgfons niglkkisbegnen 5 MB in nee!1 Bibloluevmw degresses, I, A 5. thauagtbe we sail? [geeihiaevmieitgbxa on gtnwessflg tgtlg:Resin? V. U n Mr. ccnnener Inigo P it nfe fcf dialiafleEd vt of 1Mnaiqo5 fig; Phobgh 9 unfilthfan o15. y, 1866. ferent and independent capacities for the oople, it was thought the particular regulations should be submitted to the former and the general regulations to the latter. hr: the);(acenaively under the control of the State government(she General Government might cant];be(Iinnolned. But ll they be regulated properly by the State Legislatures, the CO1!reniorm. control will veryprobablyneverbe exercise. The power appears to mesatisfactory. llntl as unlikely to e abused as any part of the constitution. That one of the rest men whom I have named, and who participated in thatday sdebate, dissented from that doctrine? What other member of that convention of great Virginians questioned it? Not one; and Mr. Monroe followed by a sk 1ng anex. lanation of the clause which prohibits either House, during the session of Congress, from adjourning for more than 3 days Without the consent of the other. It was the undoubted opinion of the State of Virginia that the question, which our excellent resident assumes to be one beyond a doubt, was settled by the exress language of the constitution right the ot ier way. Had Washington dissented from this view he would not have failed to have made his dissent known.He doubtless concurred in this opinion of his distinguished and confidential colaborer. A word or 2 to my colleague about confiding matters to the will of the majority by denying a vmcc to the minority. I was brought up in the Democratic party. I honor and adhere most loyally to the teachings of its fathers and early leaders, and gladly go as to a pure fount ain, With which I am thoroughly familiar, to the writings of James Madison or guidance on points like these. Speaking, in aletter to James Ionroe, from Philadelphia, October 5, 1786, of a “ certain measure, ” which he does not name, he says: “Should the measure triumph under the patronage of 9 States, or evenof the whole 13, I shall never be convinced that. it is expedient, becauseI cannot conceiveit to beJust.” I do not wonder that my colleague, who is much younger than I am, should think that justice is not a preperstandard for Democratic legislators to adopt; but in the good old times they often did it. “There is nomaxirn, in my opinion. which is more liable to be misapplied and which. therefore. more needs elucidation. than the current one, that the interest of the majority is the political standardof right and wron. Taking the word intercst"as synony mous with ultimato happiness. in which sense it is qualified with every necessary moral ingredient, the proposition is no doubttrue. But taking it in the popular sense. as referring to immediate anmentation of proporty and wealth. nothing can u more false. n the latter sense, it would be the interest of the inaority in every communityto despoil and enslave the minority of individuals.” “ In fact. it is only ree stablishing, under another name and a more specious form, forceas the measure of right.” I stand by Madison against all the modern Democratic leaders. Sir, what has been the result of leaving these people in voiceless and powerless subjection to the rule of the majorit ere in this District? Let them s cak throng their own memorial presented tot is House. I will read but a brief part of it, remarking that it was drawn up by a colored man: “We are intelligent enough to be industrious. to have accumulated property, to build and sustain churches and institutions of learning. We are and have beeneducating our children without the aid of any school fund, and until recently had for many years been furnishing. unjustly aswe deem. aportion of the means for the education of the white children of the District.” Is it not possible that a majority may perpetrate an injustice? Does is not seem that one has been persistently perpetrating an injustice I But to the petition again: “We are intelliaent enough to be amenableto the some laws and punishablo alike with others for the infraction of sin laws. We sustain as fair o. character on the recordsof crime and statisticsof imperism as any other class in the community. while uncanal laws are continually barring our way in the o ort to reach and ossjss ourselvesof the bleuings attcpdant upon all 9 of industry and selfdenial and of Virtuous citizenship.” and again: “Experience likewise teaches that. That debasement of most humane Wll]0lll 8 most complete. The casession of only a partial liberty makes us more openly rsiegnhstisbwlehoifch the belion Justice of Withholding those other a perfect manhood. Without the right of sufirage we are without roteettou and liable to combinations of outrage. ctt officeni of the law. Respecting the source of power will itually defer to the one liuvimza vote and the partiality thus shown will work much to the disadvantage of the colored citizens.” Sir, the rule of a majority not qualified by the power of the minority to resist is a despotism. he gentleman talks about a RFG eXistmg Withoutt ie vital principles of a republic, and I again ask him to turn to and consult the Democratic fathers on that subject. I fear he is not familiar with them. Mr. Madison, in a debate in the Virginia convention, which I find reported on. page 310 of 3rd volume Elliots Debates, points out the distinction between a nominal and a real republic. He says: "Holland is a favorite quotation with the honorablemembers on the other sideof the question. Had not their sontiments been discoveredbyother circumstances. I should have concluded from their reasoning on this occasion that they were friends of the constitution; I should suppose they bud forgotten which sideof the questiont cywereon. Holland has been called a republican Government. friendly to liberty. Though it may be greatly superior to othor Governments in Europe. still it is not a republic or a democracy. Their legislature consists. in some o gree, of men who legislatefor life. Ihcireouncil consistsof men who hold their officesfor life. who till up offices and nppoint theirsalaries. The peoplohaveno agent, mediateor immediate. in the Government.” So far as these educated, industrious, taxi paying, school sustaining, churchbuilding people of this District are concerned, the are shut out of our democratic Republic as t ie people of Holland were. How bitterly would Madison unim assioned as he was, haye denounced such treac cry to the essential principle of republicanism uuiversal suffrage. Sir, I am trespassing, perhaps, at too great length, but I am a proud man as an American citizen, whatever I may be personally. I boast of the resources, the powers, the extent of my country, and the enduring character of its institutions, and of the fqir and generous character of my countrymen. cannot bear to be goaded and taunted by those whom Itreat as interiors, with the assertion that in the hour of my danger when I refused or was unable to fight, they took up my battle and healed my wounded honor. The negroes fought for me, and God forbid that they should ever taunt me, or my descendants With the fact that I was aningrate to the soldiers of the Republic. I hold in my hand a little verse inscribed AFRICA TO AMERICA. In the day of th need I have battled for thee: At the hour oft y triumph thou knowestnot me. My blood fed thy rivers. it crimsonedthy sea: Yet an outcast am I in the " Land of the free.” The hand that the sword sped the Genmay not hold: Beuumbed is the tongue which I. o war march controlled: and thpXfoot that stood firm when the cannon ball proc. Must fleefrom the spot where the ballot is polled. Thy friend was in fricnd and thy foo was my foe; Yet today not a ricnd in thy councils I know. slow As the courseof the justice thy servants bestow. The life which twixt thv life and tronsons dart flew, Is felled nenth thy firm by the traitorous crew. To the soul that no lov. but its countrys love knew, Nor statute, nor scripture. nor conscienceis true. Sir, I cannot hear the thought that that em should be reeated by African li s in my car in with trut; or at least that shall not be abLIeto respond, “That disgrace attaches only to the vulgarly arrogant or ignorantly debased people of our country; the good, wise, and true are all laboring to obliterate and cfface it.” Can one reason be suggested for withholding from the AfricoAmerican citizens of this district the right of suffrage essential to republican institutions, to the maintenance of fundamental principles of the Revolution, ” and “dangerrous, ” as Jlefferson said, "to only tyrants?” o. and, sir, the Republican membersof conl gross are not the only legislators who are lead Iing for the enfranciiisement of the la Orin: man. Our contest is broader than our conti nent. We are fighting for and the Democratic party against the enfranehisement of the labor Illlg men of GreatBritain. To the grave marched my slain With a tread riot as 183 The same question that pends before us hangs upon a hair in the entranced gaze of the laboring masses of what we too fondly cull “the mothercountry?” Insk my Colleague, who spoke so kindly of the German, ille English man, the Seotehman, and the Irishman, whether he is willing to send across the ocean an encouraging word to the despots of the British Government, and to set an example which will justify them in saying, ” We will withheld from the laboring people this right, for the great democratic republic country has had the question under discussion, and has decided that. people poor and ignorant as are our laboring classes ought not to have the right of suffrage 3 If gentlemen on the other side do, they will hear songs that were not sung in the " Grows of Blarney.” [Here the hammer fell.]