Mr. DOOLITTLE. Mr. President, the late amendment to the Censtitution of the U.S. gives rise to the same struggle which has marked our whole history a struggle between 2 tendencies or forces always at work in our complicated system of government. We have a Federal Government with its delegated sovereign power; we have State governments with their reserved rights and power: and between these 2 great forces, this ever constant and ever pressing struggle has gone on. It has marked our history from the beginning and from before the beginning. During the whole revolutionary war. during that period when the 1st confederation was formed, as well as dnring the sitting of that great convention which formed the Constitution of the U.S., these 2 forces, the one which tends to give power to the Federal GOvernment. the other which tends to reserve and defend power in the States, were struggling with each other. The one. to borrow the name of ancient times, was designated Federalism; the other was desig nated Republicanism. These 2 forces in their ever recurring struggles have produced all the political conflicts from the beginningof the Government to the present time. In these struggles political parties rise and dissolve. In that great convention which formed our constitution. the Constitution itself was born of that struggle. It is the child of compromise between these great forces the Great centrip etal force which tends to bring all power here, and the great centrifugal force which if left to itselfwould drive the States from their orbits, into anarchy, confusion. secession. Sir, the assembly which formed the Constitution was as wise as any ever organized upon the earth; wiser, in my judgment, than any which ever before laid the foundations of hu man empire; and wise as they were, from the very fact that the human intellectis finite, from the fact that language is incapable of giving perfect expression to human thought, the result of their labors producing this Constitution of ours. left certain clauses, perhaps all its clauses, open to construction and from the beginnin to the present time differences of opinion, dig ferences of construction, in relation to the meaning of those clauses which prescribe the bound ary line between Federal and State authority have arisen. It seems that this new amendment is des tined to the same fate. That this amendment is a most important one, all must concede. For myself there is no proposition which has occurred during that period since I have been in public life here, in which I have taken so deep an interest as in its success. For its introduction the Senfrom Missouri[Mr. Hnxnsnsox] is entitled to the honor. The Senfrom Illinois [Mr. Tnenncu] is entitled to the honor of taking charge of that great measure from the ComJudiciary, and carrying it through the Senate. I believe in that amendment, in its necessity, in its propriety. I believe, also, that it should be made a certainty, a fact; and therefore I rejoice that it was not. left alone to the clause of the constitution which gives Congress the power to carry out by legislation every power that has been granted, but that there was an express provision in relation to this amendment, authorizing Congress to enforce it by appropriate legislation. Therefore, Mr. President, it was to me a matter of congratulation that the ComJudiciary, of which my honorable friendfrom Illinois is chairman, engaged in the work of endeavoring to provide appropriate legislation to enforce this constitutional amendment. No person can have any higher opinion than is entertained by myself of the patriotism, of the great intelligence, and the great earnestness of those members of our body who constitute the ComJudiciary. I always have respect to their opinions. While this measure was upon its passage, I took no part in its discussion except upon a single point in relation to the Indian tribes. The bill passed, and the final vote was taken when I was not present in the Senate; but it was not under such circumstances that had I been here I should not have voted for the bill. I have no doubt that ifI had been present I should have voted for it. My attention was not drawn very earnestly to the consideration of all the provisions of this bill until the bill had passed from the Senate and had gone to the HoRep, when the speeches of Mr. Bixoiian, of Ohio, and of Mr. DELANO, ofOhio. both able and distinguished lawyers of that State, arrested my attention and called me very carefully to the consideration of the great questions which are involved in the bill. The bill was passed by the HoRep; it went to the President. From the fact that it was not signed and returned to this body at once and from all I heard. I became satisfied that at least, if the bill was not to be returned with objections, it was being withheld for most earnest and serious consideration by the Executive. the n. Mr. President, it was, in view of all that had occurred, what had been said by Gentlemen in whom I had the utmost, I may sa unbounded confidence, that I began to 100 into this measure and to study it for myself. It is not my purpose now to go into a discussion of the revisions of this bill any than to sayt at there are provisions in iftuflier upon which the judgments of the best patriots, the best jurists, the most earnest men disagree, There are men in whom I have entire conti dence who maintain that all its provisions are within the purview of the Constitution; there are others in whom I have confidence, and equal confidence. who maintain directly the contrary and this has bIOU”lll2 me seriously to consider whether there e no common ground upon which friends can stand and stand together. Sir, I may have failed to find it: but if I hate it is not because I have not most earnestly sought for it with some days of study and most earnest reflection. I have endeav ored to put upon paperwhat I believe would carry this constitutional provision into effect and yet would be a common ground on which we could unite without violating the conse ien tious convictions of any. Now, Mr. President. I beg for a moment to call attention to the bill I have drawn with this view. The title is “ A bill to provide appropriate legislation to enforce article 13 of the amendments to the Constitution abolishing slavery in the U.S. ". There can be no objection to its title; it is borrowed from the very language of the Constitutition itself; it embodies almost the 2nd clause of the amendment. The bill commences with a recital, in briefterms, of the adoption of this great amendment: Whereas slavery or involuntary servitude. except as n punishment for crime whereof the party shall have been duly convicted. has been abo ished and prohibited by article 13 of the amendmentsto the Constitution. latel ratified and adopted by the Legislatures of 3 earth! of all the States ivithin this Union. which amendment isiu the words following. namely: “ Anrious XHI. “SEC. 1. 1Ieither slavery nor involuntary servi tude. except as a punishiuent for crime whereotthe party shall have can duly convicted shall exist within the U.S or any place subjectto their jurisdiction. “Sec. 2. Congress shall have power to enforcethis i article by appropriate legislation:” TBheeirte(foTrllelC. frR In ]the Srnnleand HoRepof the U.S.A. in (bnaren mf ooreimnvbolleutnl.Itahruyt all persons heretoforeheld to slavery servitude. exceptasa punishment for crime whereof the party shal have beon duly convicted under the have of any State of the U.S. or of any of the Territories thereof.are hereby 1 declared to be free persons and they and their de, se endants shall be and remain forever. free from slavery or involuntary servitude. except in punish dmuelynt for crime whereof the party shall have been convicted anything in any law, statute. regulation. custom or constitution of any Stateor Territory to the ooutrnr notwithstanding. Sen. 2. Abife: That all laws and customshaving the force of law in any State or territory heretoforeor hereafter establishing. recognising maintaining or regulating the right of property in slaves or the relations of master and slave. are hereby declared to be abrogated and abolished. Sec. 3. Abife:.That any person who shall unlawfully and in violation of the said 13th amendment to the Constitution and of the provisions of this act. restrain or cause to be restrained of his or her liberty. with intent to subject or cause to besubjected or to hold or to cause to be held to service as a slave or involuntary servant.any person shall be deemed guilty of a misdemeanor and on conviction shall be puuised by fine not exceedinglflw or imprisonment not exceeding one year or th. in the discretion of the court. In reference to these clauses there is and I think there can be on the part of any person no objection whatever. I come now to read the 4th section, which perhaps is the more important section of the bill: SEC.4. Abife: That any person who shall unlawfu ly and in violation of the provisions of the said 13th amendmentto the onstitution and the provisions of this act. restrain or causetoberestrainedof hisorher liberty. with intent to hold or cause to be held toservice as a slave or involuntar servant. any person who has heretofore been by to slavery or involuntary servitude under the laws of any State or Territory and has been emancipated by the said 13th amendment to the Constitution commonly called a freedman shall in addition to the pains uud penalties provided in the lust precedinlsection of this act. be liable to he prosecuted by the person injured. who shall be entitled to recoverthe sum of $1.000.in addition to all damages sustained bysuch person. togetherwith the costs of the prosecution; and in case any such freed map shall as party to any suit or legal proceedimr.civil or criminal. in the courts of the State or Territory where he may reside. be denied any right securedby article 13 of amendmentsto the Constitution. he shall have a right to remove the said cause or roeeedinginto the district or circuit courts of the U.S. which shall thereafter tnke cogniranoe of the same.under such rules as may fromtiine to time be adopted by such court; and the said State courts thereupon shall have no power to proceed further in said causeor proceeding. Here is a power enforcing the language of the Constitution, guarantying all the rights which this constitutional amendment gives; and if these rights, whatever they may be, (and to the decision of the judicial tribunals you come at last, aecording to the decisions of the courts of the U.S., ample protection is given if any such right is denied in the court of any State or Territory and it provides further: and the said district or circuit courts shall also be empowered by writs of mandamusand prohibition to stay all further proceedingsin the State courts or under auyjndginent or decreeof the same.until the sameshall be finally determined in the courts of the U.S.: and the saiddistrict and eircuitcourts shall have power. by writs of hitmin corpiur.mun danua. prohibitions and cerliomri or other writs or process.to take cognizance of the rights securedby said amendmentto the Constitution to such freedmno and to adjudse. decree and enforcewhat shall be right in the premises anything in any law. statute. custom or regulation in any State or Territory notwithstanding. Mr. President, the bill goes further, and adopts the language of a bill which has already been presented, and I think has passed this body and is pending in the HoRep, namely: SEC.5. Abife: That if any person shall kidnap or carry away any other person whether negro. mulatto or otherwise. with theiutent that such other person shall hesold or carried into invol untary servitude or held as a slave: or ilany person shall entice, persuade,or knowingly induceany other personto goon with the intent that he or she shall be madeor held as a slave or sent out of the country to be so made or held or shall in any way kuowingly aid in causing any other personto be held. sold or carried away. to be held or sold as a slave. He or sheshall be pnnished on conviction thereof. by a line of not less than 8500 innor more than $5,000 or by imprisonment uot excced 5 years or by both of said punishments. The 6th section provides: hoardany vessel or to anyother place. That if the auto: or owners or person havin: charge of any vessel shall receive on heard any other person.whether negro. mulatto or otherwise. with the kuowledgcor intent that such person shall be carried lroin any State. Territory or district of the U.S. to a loreizu country. State or place, to be held or sold as a.slave, or shall carry away troin any State. Territory or district of the U.S. any such person with the intent that he or she shall be so hel or sold as a slave. such master. owner or other person otfenrlingshall be punished by a line not exceeding$3.1M)nor less than $500 or by imprisonment not exceeding e 5 years n. obrobayrdbwothhicohf said ort ouwas received to be carried away shall be for cited to the U.S. The 7th section provides: That the district courts of the U.S. with in their respective districts shall have cognizance of all crimes and attention committed against the provisions of this act and also. concurrently with the circuit courts of the U.S. of alt civil causes under this act. The jurisdiction in civil and criminal mattersherebyconferredon the district and circuit courts of the U.S shall beexercised and enforcedin conformit with the laws of the U.S. so for as such awe are suitable to carry the sameinto effect. This language is borrowed from the bill now pending before the Senate, to a very consider able extent, with this provision added 2 But in all case swho e suelilaws are not adapted to the object or are de cicut "Ill"? provisions necessary to tarnish suitable remediesand punish oltensel againstlow. theooinnionlaw. unmodifiedandehanced by the constitution and statutesof the State wherein the court having jurisdiction of the cause. civil or criminal is held, sofar as thesameis not inconsistent with the Constitution and laws of the U.S shall abnededxitsepnodseitdiotno and govern snid courts in the of such cause.and. if of a criminal nature. in the infliction of nnishment on the party fouod guilty: Provided. that nothing herein contained shall prevent u ny State or Territory from providing by law tor the trial and punishment. in the courts of such State or Territory. of any person who may be adjudged under the lawsthereof to be guilty oilulse imprisonment or kiduaping, or prevent any person from bringing a prosecution in such courts to recoverd urnuges sustained by him byreasonat such false imprisonment or kidnaping. under the laws of such State or Territory. The 8th section provides: 8:0. 8. Abife: That the district attorneys. marshals and deputy marshalsof the U.S and the commissioners appointed by the cir ouitarid territorial courtsof the U.S. in case any person heretofore held to slavery or involuntary servitude. Empmpnly called a Freedman shall be prostrnined of his liberty by any person.wIth intent. in violation of the 13th amendmentto the Constitution and of the provisions of this act. to subject him to slavery or involuntary servitude shall at the expenseof the IU.S. apply immediately for the writ of Italianse orpuoto bring such freedman before the proper courtor officer.to thoond thntspeedy Juallcc may bedone in the premises. With a provision punishing marshals and deputy marshals for refusing to execute processes, and With a provmon at the end of the bill, in section 12 That final decreesandjudmentsin all cases uril in: under the provisions oft is not may be reexam iued and reversedor ullirmed in the Sn reinc Court. upon Writ of error issuedas now provided by law in other cases: Provided. That no such review shall be had except upon the certificateof thojudtrepresiding upon the trial or hearing that the constitutionality of somelow or proceedingunder the authority of the U.S or of this act has been drawn in question on such trial or hearing. Now, Mr. President, for myselfI very much wish that it were in my power to induce our friends upon the ComJudiciary to take this bill, but I am not particularly wedded to the exact language or form contained in it and theyl may prepare a bill Which Will avoid the objections which have been raised by men not only in this body but in the other I House, and the objections which have been raised by the POTUS to the bill now pending. For myselfno man desires more strongly than I do to reserve the relations of amity between the hxeeutive of the U.S and Congress. No man would go further or struggle harder to preserve that amity, or to restore it if it has been in any measure broken or desire ed. I deem it most essential to the welfare of this country that the Executive of the U.S and the Congress should be in accord With each other. The present Executive will occupy his position for almost 3 years to come and during those 3 years of eveuttul history in this country this Republic Will live or die. Sir, hardly during any 3 years of the rebellion were more momentous questions pending than are now. I for one am willingto labor, and I have i been from the beginning. to prevent any apparent collision between Congress and the I resident. I foresaw or thought I foresaw the elements at work which miivht resultiu this conflict, from the beginning oi the sessionz ay, from before the beginning. I strove to avoidit; I will strive on; I strive to do it still; but I say to our friends in all kindness and in all sincerity that the way to avoid these conflicts is not to treat the executive branch of the Government as if it were in hostility to us, as a Dept with whom we were unwilling to consult, with whom we are unwilling to treat. That is not the way to treat the Executive elected by our selves, placed at the head of our Administration to cad our Administration in this crisis. Mr. President, Ishall, as l have said, not go into any lengthy discussion, for I have no disosition to take up the time of the Senate. Some remarks, however, have been made on this and on a former occasion by the Senfrom Ohio [Mr. WADE] which challenge for the moment my passin consideration. There are many things in he Senfrom Ohio which I very much admire. While we have sometimes differed, warmly, earnestly differed I say in all sincerity that l have never had Occasion toquestion his patriotism, his love of country, his desire to accomplish the well being of his common country and of everypart of it. I say, sir that while there are somethingsin which I disagree with him very widely, there are somethings in him that I very much admire, and above all his entire frankness. In answer to a speech which I made on a former occasion, the honorable Senfrom Ohio went on to say that he found fault not so much with what I did say as with what I did not say; and he went on further to speak of the Executive and his policy, accrediting to him his belief in his entire patriotism and saving that what the President had done, he had done well; the only fault he found with him was that he had not taken one step further in the process of reconstruction. The Senator said that President Johnson had followed in the footsteps of President Lincoln he had improved upon the ploliey adopted by President Lincoln; and had Mr. Johnson but taken one step further his whole reconstruction policy would have been complete. So now, sir, when this civil rights bill is pending, the honorable Senfrom Ohio at once steps forward and speaks out, and what does he say? Very little about the civil right bill; not that he regards that of so much importance as the reconstruction policy of the A ministration in relation to the southern States. Now, on this subject of reconstruction, the honorable member from Ohio and myself have differed this session and on a former occasion, and I wish briefly to call to the mind of that honorable Senator some facts in relation to this recoustruction policy. In the 1st place, Mr. Lincoln, as early as 1862}, came ferward with this reconstruction licy. He submitted his proposition to his abinet and every member of his Cabinet fully indorsed it, every part and parcel of it. We know who were then the members of the Cab inet; that the present Chief Justice was then a very prominent member of the Cabinet of Mr. Lincoln.