Mr. MCDOUGALL. Mr. President, I stated yesterday that I objected to the amendment now pending nswell as the terms of the original no vision of section 5 of the bill, and I reste the objection upon strictly constitutional onnds. I stated that, however during the pen ency of the conflict we might. wink at questionable exercises of authority, now, peace having been restored, there being no longer the sound of arms, I thought the constitution of the U.S. had the right to be recognized in its full force pnd with all its vitality, and that no palpable invasion of the constitution, no matter how insignificant in its operations or in its dimensions, was now admissible. I know the chairman of the ComJudiciary to be a good and astute constitutional lawyer. Probably no one in this Senate Chamber is his master in all the considerations that hem in and circle about and illuminate the face of that great instrument. I know, too, that when he undertakes to legislate the property of a citizen into the possession of a stranger, he goes without the authorityof the constitution, beyond the grant made to the Federal Government by the people of the U.S., whether, as in the original bill, it is proposed to give simply what is called a possessionary right, or whether, as in the amendment, it be a possession for 2 cars. I took occasion to remark yesterday, whother the Senator heard it or not, that the term possessionary title is known to our laws. All the aboriginal titles as recognized by us are possessorv titles. We recognize even the wild Indians hs having a possessor title before we make a treaty with them, an we do not take possession of their lands until we have treaties with them and then the titles they hold under us afterward are possessory titles. All the northwestern Indians had possessor titles, and the titles of the Indians of NewYork are possessionaiy titles. What is a possessionary title? It is a right to remain on and occupy the soil without being invested with the fee simple. It is now proposed that Congress shall grant a 2years possessionary title. That is, in substance, a warrant on the part of the Federal Government that these persons, having no right to the soil as a aiust those who have the right, may maintain the possession for 2 years, or until Congress shall further legislate. From whence does Congress derive this power? Do we understand, or do we not, that our powers are derivative: that we have no original power? The people of the U.S. conceded to this lederal Government certain powers which it may exercise within the limits of the concession, and not beyond it; and nowhere in the constitution is there a word that confers upon the Federal Government, or upon any branch ofit, legislative, executive, or judicial, the power to authorize A, be he white or be he black. to occupy the possession or the right of B. We ought not now, when we should be calm. when we may be expected to judge wisely, to do anything to iminge upon the patent by which we hold our place here, and by which this Government stands the patent from the people of the Republic. But what does this amount to practically? The Senfrom Illinois will admit that the Government has not this power, unless he says we have the power to override the constitution and go beyond our charter. You may say that we ought to protect these persons; but iow? GenlSherman was altogether right; his or der was altogether right. He was in military possession. It was in time of war. He had these people in charge; it was his military duty to see that they were taken care of; he gave them a temporary home. They were covered by his power as long as the law of arms prevailed. Does the law of arms prevail now throughout the South? Does grimvisaged war still continue to present his wrinkled front throughout 1/2 of our Confederacy? I am told officially, for I have been n. careful inqnircr, that peace reigns throughout the South. That there are instances of individual wrong is not to be doubted. Ever since the 1st blood was shed by the son of our great parent wrong has been rife throughout the world. That there may be an Almig ty God, there has to be challenged from the abyss an evil spirit which sometimes prevails: but when necessity demands it, from the great throne he is made to obey the great governing law of order instituted and maintained by the Master snhreme. We must our selves recognize such governing considerations. We must hesitate before we depart from the law which with us is as organic and which we are as much bound to obey as we are those compelling forces, the great laws of nature, those 1 to longestablished law. meant; and he said it meant protection. laws that hurl the spheres and to which the sun itselfis obedient. I have said that it is time that we come back and examine exactly what our powers are and our rights. We have exerted power; we have driven the Indian from his possessory rights. NewEngland drove the Narragaiisetts an the Pequods, and South and NCarolina drove the Creeks and the Cherokees. All the rem nants of the Indian tribes now mostly live beyond the at river of the West. Thathas been done y the right of power. We have never recognized any particular right in the people of t ie race of Logan and lted Jacket and Tecumseh, chiefs, warriors, and conquerors of asgreat a race as is now being dignified by the 010 uence of the Senfrom Massachusettsan his associates. Wliilewc disossessed them, and told them to go west, an go west again toward the setting sun, wc admitted no title in them. because when they declined to sign the treaties they were driven by force. It is proposed nowby the terms of this law to clothe parties in possession with a possessory right for 2 years more and how? By a person appointed for the purpose. not belonging to the judiciary of the U.S., not known to our constitution, not known to our previous systema person named by the executive, who is to maintain his authority and power, not by a marshal, not by a sheriff with a posse, but to maintain his authority by armed force. That is to saw, we are to have a judiciary independent of the law, with an army to support it, and with power to hold and keep property that may be claimed in the courts of the U.S., and may be there adjudged to a citizen of the U.S. as being his right and that right may be withheld by the voice of one of these appointees, not known to our system, and against the posse which by the rules of the common law could be called to the aid of any person holding ajudicial office to carry out his judgments. The proposition, then, is to provide a military force to meet and contend with the civil power of the Government. This may be a simple thing apparently we have been in the habit in the Senate of looking at; such large propositions that this may seem L trifling; but let me say that it is in many re! spects a bold invasion of fundamental law. It is the organiZation of a judiciary to be maintained against the common judiciary Of the country, by armed force. It is a provision for maintainingn standing army throughout a great part of the U.S., in aid of persons who shall pronounce civil judments, and to maintain them against the jn gments of the courts known to the constitution, and known It may be wise to do these things, but they did not belong to the wisdom of our fathers, and I do not think any great revelation has come from on high and breathed the truths of such proceedings into the mind or heart of the persons who project these propositions. We, in my judgment, do not need this bill. The people of mixed blood or of African descent in the South are free as far as the law can pronounce them free. The provision of the constitutional amendment, now a part of the instrument, authorizes Congress to pass any law in aid of its terms. What would be a law in aid ofit? A just and properlaw in aid of it would be a law declaring that no State legislation or legislation of Congress should be effective to deprive any person, regardless of color, of his right to life, liberty, and the pursuit and enjoyment of happiness; that every person shall be free, and that he shall be protected, if you please. The Senfrom Massachusetts [Mr. will SON] told us a day or 2 ago what freedXmY; sir, it does mean protection. Under all Governments that are free, freedom is perfect protection in life, liberty, and the enjoyment and pursuit ofhappiiicss. Have we not by our constitution provided that these persons shall be free, and have the right to enjoy liberty and happiness; and have we not the power to pass.; officers to administer justice. a law that no disabling act heretofore enacted shall be executed oro rate in any State of this Union? Certainly. Vhat results? The negro of the South has the same privilege that I have to go to work and earn his living, to do it by his with or do itb his hands. 1,000s of white boys in the Nibrth with difficulty get clothing enough to warm them in the hvperboreaii regions. Many of them have hardly sufficient covering to protect them properly on their way to the count school; and they have to fight their way in the world. Millions have to tight and have fought their way in this country: and cannot the negro do it? Many people come to our shores from foreign lands with simply the means to deliver themselves at our orts. Do we take care of the m? Not at all. It the negro, bein made free. cannot take care of himself, howriong shall we be his guardians, and take more care of him than we do of the poor boys of our own race and people? and thenI beg to throw this in by way ot parenthesisalthough they are not able to take care of themsclves, and we have ot to throw a protecting shield over them, and make a special set of couits for them, and maintain a standing army for their protection, they are to be regarded as altogether qualified to vote as to who shall administer the Government from which they claim most abject protection. The bill has another cardinal vice, and as I am on the floor I may as well state it now. It is a vice which belongs to our Republic, and the Republic will at some time be overthrown if this vice be not eradicated. It was said by the wisest philosopher of France, as I think, of the present age, in discussing the sociology of all systems of Government from the family up to great nations, that the vice of republics was their tendency to increase offices. An Office must be may e for every man who is smart enough to be valuable to some other person who has got power, and for every Office there are 50 aspirants. The people of a republican Government, from their childhood up to mature years, are thinking. some “ Can I not be a constable?” some “Can I not be an older man?” others, ” Can I not be alawver?" or“ Can I not be ajudgc?" others, ” Can I not be a Governor?” and the most aspiring, “Can I not be POTUS?" The attention of the people in a RFG is all the time directed to ascending by virtue of office instead of by cultivation achieving those results that truly elevate lin manity. That force has been at work in this Republic until it has demoralized it; and never has it been more actively at work than it has been for the last 5 years. Our city of Washington is filled with officials who have. new duties to perform; oHiccs had to be made for them. As has been said 100 times here, you may go to any of the Depts in this city, with perhaps a single exception during the late war, and wa k throngh during business hours and you will not find one clerk in 5 who has any business to do exec t smoke a ci r and enjoy conversation with iis friends. do not know the experience of others, bntI know that I learned to work from early in the morning until sometimes late at night. In my younger days it was my duty to do so, and I did it. I worked 3 times as long as any of the seclerks do. Unless there be some special exceptions, theyare notcalledupon for more than afew short hours of daily service here, and during those hours most of them have not work to do. What is true of them is true of the officers of the country generally. You can hardly find a State where there are not 20 judicial districts, each supporting a judge, a district attorney, and all the retinue of I have seen the time when a single judge would dispatch the business of a circuit as large as 6 or 7 of the modern districts. The same thing is true in regard to other officers, not only in the federal and State governments, but it has extended to the counties and cities and tovms. This bill proposes to make a large mass Of new o&o", and how long are they to 608m? Illlln the States which have been in rebellion are recognized. How recognized? Recognized they have been by the President. The have their States organized; they have their Senators and members of Congress elected; their credentials have been presented here under the seals of their respective States, as well authenticated as ever were certificates brought into the Senate Chamber; but yet they are not allowed to enter upon this floor, they are not allowed to enter upon the floor of the HoRep; they are not recognized by us. In their absence, it is said, we must legislate about them, although we deny them entrance here and what does the Senfrom Massachusetts, [Mr. Stimuli15?] He made aspeech at the last session to stave off the question of the recognition of Senators who then presented themselves from Louisiana. He avowed that he was making a staveoff fight; that they should not be allowed to come in here; that the question should not be settled. This is astaveoff fight now, hot that they do not come here with the muniments of right, as much so as he ever brought to the Senate Chamber; but it will not do to let them in we must legislate for them in their absence, they having a right to be here; and the question is now practicallywhether there is a majority of the federal Senate that will maintain this war or not to force action in the absence of those who have a right to be here, but who are excluded that conclusions may be reached suiting the special interests. of NewEngland, or, if you please, the interests of Massachusettsno, I will not say that, but the ideas of one of the representative men of alassachusetts who occupies a place upon this oor. It is, I say, roscription, and proscription of the worst kind). I never can think of it without carrying my mind back to the time when men who fled from the tyranny of Europe made themselves tyrants at home. I cannot reflect on itwithout thinkin of that old man who said “thee” and “thou, who came to the neigh borhood of Plymouth rock for refuge and was compelled to fly. A, sir, the fathers of the “liberal” gentlemen from that part of the world would not allow him to stay in the wigwam of the Indian, and drove him out in the pitiless winter day to find his way tomore friendly tribes beyond the strength of Massachusetts, and take shelter with the Indians of RhdIsland. That same love of domination which is peculiar to the race, exists here; and now 6 States, with 12 Senators, representing no greater population than some one of our States, underta e, while they have their hour of power, to enjoy it most luxuriously. I have not much objection to that, because power may make drunk, and it has iuebriated some of the cutest and wisest men of the world, and I think that under the influence of the power they have possessed, and which they are exerting now in is very proposition, they are reeling in their saddles; and let me tell them that that party which they characterize as their ancient a versary yet lives and is a power, and will be, as long as thought is free and men have the privilege of action. That party which believes that the Federal Government is a concession by the lpeople of the U.S., with powers limite by the concession; that party which believes that the State governments are clothed with all sovereign power except that which has been given to the Federal Government, and except so far as they are restricted by their State caustitutions, and that beyond and above them all the people are sovereign, for they made the States, and with the same soverel n wi ll that they made this Republic, and each 1nits sphere is equally supreme; the party which maintains that the difference between the charter of the Federal Government and that of the State gpvernments is, that the State constitutions are mitations of power, because in the State governments the people are supposed to act most directly the party that maintains that distinction an adheres to the constitution and the laws as laid down and established fundamentally is a party that will live. and, sir, it is a party that recognizes the party l of the age. Gentlemen here who have discussed, this question seem to think that all progress has, been centralized in the question of the condition of servitude in the South. How does it happen that the Democratic party of the North ever had any relation to the majority of the South? For this reason: because the Democratic party of the North held to the doctrine of free trade. The Democratic party today hold the same doctrine. They do not believe that NewEngland with her mauufactories should one whelm the Republic, that every interest besides hers should be taxed to maintain her. They believe in the large policy which has been developed by modern European and American civilization, which has been taught by all great writers, and preached by all great thinkers for the last half centur. The democratic party will maintain that doctrine; they have a wa s done so, and therefore they were akin to the South; and for no other reason. It was because the always opposed the excessive taxation which was thong t necessary to make millionaires of all NewEngland. NewEngland has today 1/2 of the moneyed wealth of the Union, I grant. How has it come about? It, has taxed every bushel of corn and every ound of wheat and every product of labor East, West, North, and South, for the purpose of sustainin a particular policyspecialto NewEngland. “he South thought it ctrimental to themselves; the West thought it detrimental to themselves; and I know it Is detrimental to the coast to which I belong, for we pay an immense taxation, for the privilege of being governed, to the manufacturers of NewEngland, and they have become so prosperous that enterprise cannot compete with) them in other parts of the country. Ente rise in California cannot compete With them, because they have been built up with such colossal strength by the legislation of the Federal Government. The democratic party which represents the cardinal democratic principles does live, has its ancient vitality, and will once again occup its dominant place upon this floor. Do not nk they are (lead if for awhile they sleep.