Mr. WILLEY. Mr. President, I know of scarcely a higher duty than has been imposed by the result of this war upon the Government. to provide for the very contingencies embraced within the provisions of this bill; I know of no higher obligation than to make all necessary provision for the protection and the elevation of this race, for their protection in their civil rights and in the enjoyment of their proper pursuits, and for their protection in all the civil relations of life. I know of but one higher duty devolving upon the Senate, and that is the obligation to abide by the constitution. I stand here under the obligation of an oath to support that constitution, and having come to the cen clusion, from the arguments that have been made during the progress of this discussion, that Congress has no powerto grant the provisions contained within this section. I shal, since the yeas and nuys have been called, be compelled to vote to strike it out. I come to this conclusion with very eat regret, because the able committee who have had this subject in charge, afler full investigation no doubt, have come to the conclusion that the provisions of this section would result very much to the advantage of the freedmen of this country. It is possible that they would. Nev ertheless, as I have said, there isn higher obligation which is to guide my conduct in the premises, and that is obedience to what I conceive to be the oblitions of constitutional law. Believingthat t ie proposition contained in this section is unconstitutional I must vote to strike the section from the bill. I shall do it with the less reluctance, because it seems to me the powers granted in this section and the provisions made in it are not indispensa bly necessary to accomplish theobject contemplated by the bill. The freedmen maybe protected, and properprovision be made for them, without the grant of the power contained in this section; and besides, it seems to me that it contains, however beneficial its effect might be in other respects, one vicious principle. Whatever my friendfrom Kentucky may know about the habits of the negroes, think he is very much mistaken in regard to their habits of idleness. They bave been idle; but who would not be idle it his labor was not to result in his own benefit? Who would not be idle if he received no wages for his toil? what race would not be, comparatively, in the condition in which the Senator has revresented the colored race, who for long ages iad been held in slavery, receiving nothing for their toil but a bare pittance to live upon? Give them hopes, give them a prospect of bettering their condition in the future; adopt measures that will tend to stimulate industry and to stimulate a hope of improvement in their condition, and that idleness, to some extent at least, will pass away. It must be admitted, however, that from the habits. education, and condition of the negro, he hashithorto beena dependant being; are. 397 he has been dependent upon his master; he has leaned upon him for support. That is his habit. that is his education, that is his nature; and in so far as this bill makes provision that will tend to foster and kce u this influence over the negro, I think the hill is vicious. Are not the provisions of this bill of a nature calculated to produce that result? Does it not provide homes for him, purchase lands for him, hold out inducements to him still to be dependent upon the which Gbvernmene, is to make provision for his wants, o provide a house for him to live in, a school for imwhere he may be educated, an asylum in which he may find refuge in times of distress and hel lessness, and various other propositions, all looking to the same resultthe fostering of the habit in the negro of leaning and reying upon some other power for help and support? y idea is that the negro would be most ben efited by such a policy as would place him as soon as possible upon his own responsibility, and in that situation would protect him in the enjoyment of all his rights and privileges. He won d be sooner elevated in the see c of hu manity; he would sooner acquire habits of industry and selfsubsistence. 1; seems to me that the provisions of this bill to some extent would haven deleterious effectu on the negro, because itwould still and er to is native hab its of reliance upon oters for support and protection and provision. I shall, therefore, vote With the less reluctance for striking out this section, because I believe it contains within it, to some extent, a vicious principle. But I am constrained to vote against it because I believe Congress has no power to vest the President with any such authority as is given to him in this bill, has no power to pure use lands, has no power to make itself a landlord and to receive the black men as tenants under it, has no power to purchase land to build schools and asylums; and in that respect it comes in confli ct with another principle which has been very popular here; it does make a distinction on account of color between the 2 races.