Mr. DENISON. Mr. Chairman, I voted a few days since against a proposition to amend the constitution of the Ig U.S. in such manner as to prevent any State from levying taxes to pay dets contracted in carrying on the rebellion; and as my vote was diderent from that of all the Democrats of mv own State, and most of the Democrats of the House., I have desired this opportunity to explain, not the vote, but the reasons for the vote, as a mark of respect for the opinions of my colleagues and the 350,000 Democratic voters in my own State, whose interests and opinions we are presumed, in some manner, to represent; and as I intend to give the same vote upon some 25 or 30 similar propositioris now pending before Congress, Isall explain my views of the power to amend the Fe oral constitution more fully on that account and yeti am not unmindful of the fact that one who proposes at this clay to discuss the power (o amend the constitution must appear like one repeating a tale twice told and I further state that I do not speak for any side of this l 8 66. 547 House, nor any party of men, not even for my own district, unless my constituents choose to adopt what I say; so that no one is accountable for such views as Imay utter excepting in self. The proposition against which I vote was introduced in this House, and under the pressure of the previous question passed without debate, without consideration, and with very extraordinary and indecent haste, considering the great power which it proposes to transfer from the States to the Federal Government and the Federal courts. Under this amendment the Federal Government would have the power and the right toinquire into the constitutionality of a tax levied to repair a township bridge; to stand between the State and its taxpayer, and superintend the collecting and disbursing of all taxes in a State lest the debts paid may have been contracted in carrying on the rebellion; for a tax leVied and collected for a lawful purpose might be diverted after it had reache the treasury and it. would then be a most interesting emplo cut for the Supreme Court to compel the State to refund to the citizens the taxes improperly collected or improperly paid out. The only good which I can see in this very cat change in the organic law of this nation, is that the Supreme ourt would not be idle for the want o business, and its judges would not have time to travel about the country making speeches to the negroes, and in that way electioneering for the office of President. The provision will be found to be impracticable and worthless. Nor would I desire that the Federal Government or an State government should assume to pay, or evy taxes upon the citizen to ay, debts contracted in carrying on the rebellion. God knows we have debts enough of our own to pay. Nor do I know of but one class of men who intend that the Federal Government shall assume and pay the debts of the confederate or, rebel States, and that embraces the extreme abolitionists, or that class of men who claim that such States were alien enemies, and are now conquered provinces, for they well know that, as such, the conqueror takes the provinces with their burdens upon them; that if they are successful in thus holding, they must, according to the law of nations, ay their debts and they must further know, that in pursuance of this wellsettled principle ofinternational law, GreatBritain is even now gathering up her accounts to make a demand upon our Government for the payment of the debt of the confederacy, and if the theory of the Radicals be true, she will make you pay them. But I am not willing to pay their debts, nor in favor of so treating them as to make the Federal Government in any manner liable for them. Nor is it necessary to alter the constitution to meet this end, a remedy already being provided in the Supreme Court for the exress purpose, and which would most assured y decide against the payment of any such debt. But, sir, I have other reasons for my vote, and to my mind higher considerations than can arise from taxes or debts in an form. It will be observed that the propose amendment is to give the Federal Government the power and the right to dictate tosovereign States the debts which they shall not pay. This is a very extraor dinary power to place in the Federal Constitution, to compel States to repudiate debts, a course which States, like individuals, are sufficiently prone to follow without the excuse which you propose to furnish and this may be the wrong time to set the example of repudiation, until we see our own vast debt provided for. More than 2/3rds of this House appear to have no doubt of the policy or the power to make so great a change in the organic law of this nation. I deny the policy, and very much doubtthe power, even though you han upon your proposal the odious words “rebel ebt.” By. looking at our files it will be seen that you have one propositionto grant the right of suffrage to certain negro soldiers who served in the war, another to grant certain lands in pursuance of some military order of one General Hunter, another that no State shall make any distinction in the civil rights of persons residing therein on account of color or descent, and another provid in for colored persons sitting as jurors, and I believe some 20 or 30 others. There is one peculiarity which runs through all of these proposed amendments, and that is, to add to the powers delegated to the Federal Government, and to that extent take from the reserved rights of the States. These propositions have come upon us with such rapidity and profusion as to indicate that Congress had no other business to require its attention; and that the people had become so weary of “the best Government ever devised by the wisdom of man” that they had selected and sent here the most ultra men in the land to destroy it by usurpations of power under the guise of constitutional amendments. In my judgment, it is a matter of grave responsibility to make vital changes in the organic law of a nation, and should not be done except upon the most urgent necessity, and upon points whierein we have the undoubted right, and at a time when the public mind is in condition for serious deliberation. Surely not when 1/3rd of the States are unrepresented in congress. It becomes us, as we regard the oath which we have taken, to look well at the chaiter under which we claim these powers, to see if we have the right to make these changes lest we place acts upon the record of this nation which are evidence of our resumption, as well as our imbecility, wicke ness, and folly. In order to understand whatpowers are placed under the control of 2/3rds of Congress and 3/4ths of the States, it is important to look at the condition of the States and the people before the adoption of the constitution of 1789, as well as the constitution itself. In looking at that period in our history as a ople, the 1st important paperthat we find is the DeclarIndep, standing comparatively alone, and marking the birth of a great nation. In that instrument we find 3 distinct propositions. The 1st is “thaf all men are created equal, ” but they did not state that as the reason for their independence or they would have enunciated the fact, and claimed by virtue thereof the right to be free; nor did they regard this abstract proposition as the basis of government, excepting so far as it applied to themselves and the white people whom they represented, for they then had 2 distinct races of men in their midst who were not. then, nor have they since, been permitted to realize the great truth “ that all men are created equal.” N either the Indian nor the negro have been permitted to participate in the affairs of this Government u to this hour. The negro was enslaved and the Indian has been moved from land to land, and we appear to have kept him as an excuse for squandering millions of money, which we generally place in the hands of a wellorganize band of thieves, who stand between the Treasury dept and the Indian; and that is a most ortunate tribe which receives one 10th of the money and yctwc continually hear repeataeppr“opArilaltmede. n are created equal.” The country is now filled with latterday saints, who claim that it has especial reference to the negro, and are willing to sacrifice theirown Government and the liberties of their own children to make it true and yet it would be fair to presume that the great men who made our system of government understood the great truths which they uttered and the provisions of the constitution which they had established, and were able to apply them to the ruling of the people. the 2nd proposition in that instrument is that all just Governments are founded upon the consent of the governed; and based upon this 2nd proposition, the colonies no longer consenting to be govern edby GreatBritain because certain of their chartered rights as Englishmen had been violated and disregarded, the authors of the Declaration proclaim their 3rd proposition, “that theseoolpniel are, and o right ought to be, free and independent States.” and to maintain this conclusion they enter into Articles of Confederation. but their men and means in a common fund, ght the battles of the Revolution, obtain their independence, and reudiate their debts. he Confederation was merely an a cement between sovereign Powers, and provided, in so many words, that each State should maintain its sovereignty in all respects wherein the power vhad not been delegated to the Confederation. The independence thus acquired left each State not only free and independent of GreatBritain, but ofeach other, and, as such, they had aright to declare war, make peace, contract alliances with any other or foreign Power and do any and all things which sovereign Powers may do and it was the representatives of these Powers that made the constitution, and they stated in the beginning of their labors the objects at which they aimed. They represented sovereign Pow ers, and they intende to relinquish enough of the powers they represented to accomplis the objectsof the Federal Union, and no more. They left us a very peculiar system of government, and if sovereignty means that iower over which there is no superior, whose ecrees when made are final, then our whole system of government is made up of local sovereignties, each absolute within its own local jurisdiction, and acting as so many checks against the flowing of power into a centralized despotism. When the people o a township, a county, or State, have ctermined by ballot the choice of officers to execute the laws of each municipal corporation, they have exercised one of the at tributes of sovereignty. The States furnish the courts to protect the citizen in his rights of person and of property, the descent of estates, and regulute all of the domestic relations of the citizen under the Government. Each State is as entirel independent of every other stateasif it were a orei Power, and just as independent of the Fedora Government within the reserved powers and in all respects wherein the powers have not been dele ated in the constitution and the Federal government is as completel a consolidated Government and as pertect a nion, within the delegated powers, as it would be if there were no State governments in existence, and each is as completely master of their respective powers as they would be if the other did not exist. It is to the constitution alone that we must look to ascertain what powers were delegated and what reserved, and the condition of the reserved rights, whether reserved absolutely to the States, or whether the reserved rights were to be taken awa by the will of any other power than the people of the State for whose benefit the reservation was made. Any person may invest aportion of his estate in the stock of abank, anclt us place that much of his earnings under the centre of the majority of the stockholders or directors of such bank butthey do not thereby get any right to control that portion of his estate which he retains; that part of his property still belongs to him, and is under his control as much as if he had no interest in the bank, and he cannot be made to art with it except with his own free will. So it was competent for the States when they cre ated this governmental organization called the U.S., by the constitution, to delegate therein certain powers and the right to do certain things, and thus place the powers delegated under the control of the Federal majorities, and reserve certain other powers to be controlled by the people of each State, and for the exercise and control of which they were nottobe answer able to any other power. If the States did thus absolutely and uncon ditionally reserve these powers. then theyI cannot be taken away by 2/3rds of this ease and 3/4ths of the States any more tnan the majority of the stockholders of a bank, "1 which might have stock, Wuld take my horse or my form for the use of the corpomllolh because the States never placed these reserved powers in the common QQPQWBIQ to be controlled by Federal Inklmmea TM“ cm" 54g. ms ooueassswsn. stops. January 3!, (dition was the same as to these reserved afterthe adoptionof the constitution as poewfoerers. The people of each State constituted a sovereignty before the adoption of that instrument. they were cqually sovereign over the reserved rights after its adoption, and the cannot be taken away, except by the will o each State, unless there be something in the COHSliatution to authorize it; fora State, like an individual, cannot be bound further than it agrees to bind itself. Have the States parted with their absolute contrdl over these reserved rights by agreeing to the power to amend the federal constitution? I so, then these powers were not reserved absolutely, but only retained until the Federal majorities as represented by 2/3rds of Congress and 3/4ths of the States may choose to transfer them, against the will of the people of a State, or it may be one 4th of the States, from the respective States to the Federal Government. This point ought to be settledby the constitution, and I think it is. We find therein 2 provisions bearing directly upon the power of amendment. The 1st is the 5th article, and is in these words: “The Congress, whenever2/3rds ofbothHouses shalldeem itnecessory, shall proposeamendmentsto this constitution, or, on the applmtlon of the Legislatures of 2/3rds of the several States, shall enla. conventionfornrd osin amcudmeuts, whichin either case, shall bevali toal. intentsand purposes, aspart of this constitution, when ratified by the Legislatures of 3/4ths of the several States or by conventions in 3/4ths thereof, as the one or the other modeof ratification maybeproposedby the congress: Prov That no amendment which may be made prior to the your 1803shall in any manper aflect the rst and 4th clauses in the 9th section of the 1st article;. n. ndthat no State. without its consent, shall be depnyed of its aqualsulfragoin the Senate and the other is the 10th amendment, and in the following words: “The powersnot delegated to the U.S. by the constitution nor prohibited by it to the States,:5: yeservedto the States respectively, or to the people The 10th amendment fixes the type o limitation on the organic law, and makes the Federal government one of delegated and not original powers. We are not, therefore, to take any power by inference. The power to be exercised must be clearly expressed in the constitution, or we cannot take it. We have in the 5th article of the constitution the right to amend, for such is the word used, but not to make anew. It would not be an amendment to abolish this constitution and adopt the old Articles of Confederation, or the unwritten constitution of England, or the laws and customs of France or Russia. An amendment must, therefore, be of something errnane to the instrument; it must be of someting which we already have in the constitution or it is not an amendment, but the making ofanew constitution, and would only be binding upon such States as agree to be bound by it, and could not become a part of the constitution until every State should adopt the same. Ifone State should refuse its consent, it would not, by virtue of our constitution, be binding upon any, because while that instrument provided that when it should be ratified by 9 States it should be binding upon the nine, it made no provision either lor making a new constitution, nor for its (Nu destruction. This view would limit the ameudatory power of the constitution to the scope of the delegated powers from the States to the Federal Government, and prohibit the taking of any powers not delegated; and that the men who may of the constitution so understood it is shown by the instrument itself. The 1st exception to the to a power of amendment, in the 5th article, refers elegated powerthe right to control foreign commerce. The 2nd exception to the exercise of the power refers to the manner of wt mg by States or a method (ifdoing business under the constitution, and not a delegated power. As germane to the general power to regulate ibroign commercc. an amendment could have been made prohibiting the slave trade befortl 1808, and for this reason a partic ulurlimitation upon the amendatory power of the constitution was necessary to guard it. As an incidentto the legislative powarvested. o) HI A. f“ 5.” in a Congress of the U.S. in providing methods to do business under the constitution, it would be competent to change the Constitution by nmendmentin such manner as to deprive a State of its equal vote in the Senate, and to prevent this the 2nd particular limitation is found in the proviso . From this it appears that the framers of the constitution regarded the amendatory power as applicable to its delegated powers or grants and its methods of doing business, and for that reason made these exceptions to the exercise of the power. Those exceptions furnish the rule for the exercise of the power of amendm ent. Under this rule on may so modify the constitution by amendyment in its delegated powers and methods of doing business as to giveit upon its own principles a more complete effect. This construction would give sufficient scope and influence to the power of ameridment m the 5th article. It can act upon any and all of the delegated powers. 2/3rds of congress and 3 ourths of the States may so change the constitution as to makcthe justices of the Supreme Court elective. They might make the office of Presideutto continue for ten or 20 years. Under the power to coin money and regulate the value thereof, you might so amend the constitution nsto get power to make a “greenback” a legal tender for the payment of debts; and so on through all oft c dele gated powers. But it is claimed as a fair rule of construction, that denying the power to amend in 2 particulars admits the power in all other respects; and this is the correct rule, and the men who made the constitution so understood it, and to avoid the operation of this rule and that there should be no implied or constructive powers in the constitution, they adopted the 10th amendment, declaratory of its meaning, namelv. that “ the powers not delegated to the U.S. are reserved to the States respectively or the people.” The 10th amendment wasin lieu of the article in the Confederation providing for the sovereignty of the States, an was placed there for the express purpose of keeping the reserved rights of the t States from the control of the federal majorities and this restriction upon the authority or scope of the constitution includes its amendatory power, as well as all other powers and grants it contains. Unless the scope ofamendment is limited, it is diilicult to see the use of the exceptions in the proviso, or in what manner the restriction attaches to the power of amendment in the 5th article. The amendato power of the 5th article in the constitution 18as much within the general restriction of the 10th amendment at taching to all the other delegated powers contained in the organic law as it is wrthin the 2 special limitations contained in the proviso; otherwise the power of amendment could be resorted to in cfiance of the 2 special limitations, and they could be taken from the constitution by amendment. To assume this conclusion would not do justice to the patriotism or wisdom of the great men who made and adopied the constitution for the welfare of this co e.” p T llS construction affords abundantroom and scope for the amendatory Slower of the 5th article to act upon and mo fy any and all of the delegated powers, and gives a clear and distinct othee to be filled by the 10th amendm ent. lach provision is consistent with the other, and the constitution consistent with itself. Foraperiod of more than 70 years no other use was ever attemptedto he made of this power of amendment. The 1st ten amendments to the constitution Were:only declaratory of its meaning and in limitation of its power, and stand asa bill of rights for the citizen or aperpetual protest" againstany eneroachment upon the reserved rights of the States or the people of the States.” The 11thamendment was proposed in 1794, undisalimitation upon tho. udicial power of the U.S. The 12th amendment, r in 1808, was a change in thamods of electing “ the VEEP, reserving the system of Electors as provide in the constitution. It would be competent for 2/3rds of Congress and 3/4ths of the States to abolish the Electors and provide for a direct vote of the people for the office of President and VEEP by amendment; for it would be within the amendatory power of the 5th article, as it only relates to the delegated powers or a metho of procceding as prewided in the constitution. No attempt has ever been made to make a different use of thisdpower of amendment until this war uprooted an overturned the foundations of all law, and substituted the wicked passions of an ry men in their stead. fthe opposite view of this power be correct, then there is no limit to the power of amendment exccptin the discretion of 2/3rds of Congress and t rec 4ths of the States, and it renders the 10th amendment of the Constitution without force or meanin". This revision speaks of delegated powers. ilhatare cleguted powers?Iem wloynuvagent to buy rue a farm; o acts under clegated potver. The original power is with me, and he must act according to ispowerorhcacts withoatauthority. This “o vision also speaks of reserved rights. what! areserved right taken away without the consent of the part for whoscbenefit the reservation was made! as ever such a richt lleda reserved right? A person mnyscllliis arm and reserve the minerals underthe same with the power to remove them, or he mayscll the minerals and reserve the farm. Upon this simple principle, which no one ever doubted. dependst e title to millions of property in my county alone. What would the owners of those rich coal mines think ofreserved rights if told that they could be taken from them without their consent? and yet you ignore their title by the construction which you adopt to take reserved powers from the States to the Federal Goternment. Your construction would enable you so to amend the constitution as to strike from the 5th article the words 2/3rds and 3/4ths and substitute the word majority; making our constitution a mere ba rometer to mctisure the ups and downs of art, and worthless. The same power which will enable you to control the gut icring of taxes in a State would enable you to remove from the constitution the injunction that youshall guaranty to cachState a RFG and then abolish the Legislature and the local or State courts, and then the State itself. Then the American Congress becomes what the British Parliament always has been, omnipotent, and the constitution becomes an instrument of original and no longer dole giited powers. Some of the majority in this House appear to talk as if there wore rights reserved to the States, but they do not stateubat the are nor Where the rights "of the States cease an those of the Federal GQvernment begin. Let them makethe pointwhere the constitution has. Those not clegated are reserved. It cannot be that a solemn provision of the constitution, like the 10th amendment, was placed there for no purpose. No, sir, it was by this that the framers of the constitution intended to seal up the reserved rights of the States, as a miser does his wealth, beyond the reach of profane hands. It lifts the constitution above the filth of party politics and beyond the reach of party malice, and makes it truly national for nothing less than the whole nation can change it in its pmvers. Like the heavens, which are over all, and send upon all the bright sunshine and showers, and “with the early and later rains” fill the earth with rich bountiesnnd blessings for all, and yet is beyond" thereach "of all, so does this place the constitution around and over all " protecting all, and furnishing prosperity am dppinessnud liberty for all an ct is beyond the reachof any less than all. lhese amendments speak of the rights of trial, the qualifications of jurors, the right of suffrage. If those rights are not sacred, and sacredly reserved to the States, then we have none that arc. Those are the richest jewels of this people, anyone of whichlis of! more. va.lu.e. th. a1n alIthpJgc1m.: s. tha. tl. isce. costingsmith. time. in were ever dug from the mountains and “ all the pearls the ocean ever concealed and yet you propose to take this rich and priceless inher itance, which descended from our fathers, and bestow it upon another and a foreign race! such being in view of the powers delegated to the Federal government and the rights reserved to the States, I cannot vote or an. amendment of the constitution, excepting su as relate to the delegated powers or the methods of doing business, giving it a more complete effect upon its own principles. The repositions before us are not amendments, at new and additional powers, and if adopted, would he usurpations and invasions upon the reserved rights of the States or the people. I cannot vote for any amendment which wi confernny new or additional power to those already delegated in the constitution. I am fully satisfied thatsuflicient power was delcted in that instrument, to say nothing of the e urged powers by construction, and the still greater by congressional, executive, and military usuations. But, as itis, this war never could have titfirenplace if the rights, of each State had been respected b. Congress and the people of every other State. e have heard very much of “the 1st gun” in this rebellion. That 1st gun was notfired by the rebels at Fort Sumter, nor by old John Brown in Virginia, but it was fired by the American Congress when that body passed the Missouri compromise and usurped the right to legislate upon the subject of slavery, a mere domestic institution, resting with the people of each State, as other domes tic institutions nowdo; and that usurpation having been acquiesced in by the people North and South, led to the belief that at least one of the reserved rights, one of the domestic institutions, was liable to be influenced and controlled by Federal majorities and the people of NewEngland have been firing guns ever since and after 40 years of insult and outrage they had a return shot, ending in war; and after 4 years of most bloody conflict, not instituted but perverted for that purpose, slavery has been a 01 ished and I say, peace to its ashes! I would not disturb the slumbers of the dead if I had the power, and I hope that ever State which ever was in this Union will rati y the amendment of the constitution, that there be no more slavery in this land, and we shall then have at least one question settled. forever. If this war had been carried on for the purpose of compelling the States North and West to adopt slavery against the will of the people of such IStates. then you could appreciate the view which now take, and you would pointto the provision of the constitution to which I have called your attention, and claimed that the organic law pro. tected your domestic institutions and justified you in changing or abolishing them, as the people of each State might choose, and all men would have said thaton were right. A leading and high y. resoctable journal in the city of Philadelphia dec ares thatby casting the vote to, which I have alluded I have reu dered myself infamous, and thatI do notrep rIesent the true sentiment of my district. vWhen think I do, not represent the views of my con. stitucnts I will resign and home 5 but all the men in my district nrmy tntc, could not get me to vote forany of these usurpations of power, even though they are called amendments. I must be permitted to keep my oath and support the constitution as I understand it and it is to be expected thatI should be misv understood, misrepresented, and abused;v such has been the surev fate of men with firmness enough to stand in the face of popular pren dice and uphold what they believe to be right. StPaul dared to has Christian, and for this he was twice beaten with rods, once stoned, and mails to. fight with wild beasts at, Ephesus and before and ever sinceitbe ignorant and the prejudiced have been ready to sing perms and songs of praise to the party in power, however corruptand wickedmnd) shout“ reatisDianaof the E hesians, Release unto us, Bamhbas l” and t iey can now add, “forheis oneof us.” But so lougvas I am in this Housegyou shall have onevote for the old constitution, and with Gods help, one vote against allof your elforts to usu new powers for the Federal Government; an that embraces all ofyour proposed amendments. I have no desire to change the constitution which the fathers have us, the Bible which they read, nor the Godwhich they worshiped. But I do not expect this House to listen to me or heed what say.” If they hear not Moses and the prophets, neither will they be persuaded though one rose from the dead. If you believe not the constitution and the laws, neither would you be persuaded if God should send Washington and Jeffersou and Jackson and Web ster and Clay and all the dead patriots and he roes of our land to testif against you. You would call them old slaveholders or copperheads, and bid them go where the bad business. Your (purposes are. c earl indicated in your propose amendments. he followers of the veiled prophet are about to see his features; the ved is being removed. But where is the cal dron of heated oil? The people must prepare it. You are about to destroy the constitution of our fathers. The “league with death and cov enant with hell” must be removed and the Chi cago platform of 1860 substituted in its place. Nor cos it matter that it was 8. sections, abolition platform; we must have asectional, abolition constitution. But is there no other sacrifice which can be taken in its stead? When Abraham was about to sacrifice his only son, Isaac, as he believed, by the command of God and when he had built the altar and prepared the wood, another sacrifice was provided. I know that you have the altar and the wood ready to sacrifice our constitution, and I ask you to call upon the deities which you worship and see if some substitute cannot be found; ca 1 upon the negro or the Republican party, audit may be that something less dear to the American people than their Government might answer. But if not, when you see the smoke ascending from the altar and the sacrifice, remember that it takes with it the liberties of your country and the liberties of your children, and that your childrens children will condemn you for the sacrilege. H, PROTECTION TO AMERICAN LABOR.