Mr. DOOLITTLE. Mr. President, there being now no business before the Senate I rise to do what I have seldom done in this bodymake a personal explanation. It will be remembered that my colleague some time ago thought proper to present to the Senate without notice from me indeed. in my absence from my seatcertain resolutions of the Legislature of Wisconsin, reflecting severely upon me as a member of this body, and instructing me to resign my seat. These resolutions are in no manner addressed to the Senate. It can take no action upon them whatever. They are purely personal. Had my colleague done as I think I should have done, he would have given me notice of his intention to present them, or waited a reasonable time for me to be present. But, sir, I never stand upon small things. If he had not presented them I certainly should. These resolutions are of such a character that it is due to the State of Wisconsin due to the truth of history; due to the cause of republican liberty in which for many years I have been engaged; due to my character, the only legacy I have to leave to my children; and due to the members of the Legislature who voted for them, and to the Governor who approved them, thatI should not allow them to pass in silence. However reluctant a public man may be to speak of himself and for himself, however unbecoming it may be on ordinary occasions, these resolutions impose it upon me as an imperative duty, and I could not avoid it if I would. I am therefore compelled to speak of myself and for myself today. I shall) do so in all sincerity, frankly, earnestly, it may be without fear, without favor “ more in sorrow than in anger.". but the sorrow I feel is not for myself. It is rather for those who, in the hurry and excitement of the moment, without waiting to hear or to consider the reasons for my action, rushed to a conclusion under the tyranny of caucus dictation as unwarranted as it is unjust. And, sir, what are these charges against me? 1. Inconsistency, in having declared in the Senate, just after the passage of the civil rights" bill in that body, that if I had been present I should have voted for it, and some weeks afterward, after a long discussion in the House, and after the veto o the President had come in, I refused to vote to pass that bill over the veto. 2. That I refused to obey legislative instructions. 3. That I have united with the President to oppose “ measures to secure peace, liberty, an justice among all the people.” 4. That I maintain the right of representation in “Congress of the southern people as the inhabitants of States." 5. That I maintain the Lincoln Johnson pol.7 “ icy of reconstruction. 6. That I have deserted the cause of human rights and republican government, and therefore it is my duty to resign my seat in this y. I will answer these charges briefly, and in their order. And 1st, of this charge of inconnistency. Of all charges against a statesman this is the terror of small and sharp minds. To avoid criticism 0. public man may have a decent regard to the consistency of his record. But the statesman who, as questions arise, feels himself bound hand an foot by some previous vote or opinion, so that he cannot reely reconsider his opinion or change his vote, as his convictions of duty shall require, is a moral coward, a cringing slave, unworthy of his position, and unfit to represent the people of a great State. But this inconsistency in voting, or what was the same thing, declaring that liadI been pres cut I would have voted for the civil rights bill upon its passage in the Senate, and then after some weeks of discussion and consideration in the House, and after the veto of the President, voting against passing it over the veto, ifthere be in that any inconsistency at all, it is more apparent than real. Voting for a bill on its passage is one thing. Voting for its passage over the veto of the President is another and a very different thing. 100reasons based u n principle or policy, or founded upon politics, considerations alone, might be given for refusing to pass a law over the President's veto which do not apply to it upon its original passage. Then no human being can be so blind as not to see that it was of the greatest importance that this law, the object of which was to secure the freedom of those emancipatml by the amendment to the Constitution, should be so framed as to receive the sanction of all 3 depts of the Government of Congress, of the Executive, and of the Supreme Court. This law had, it is true, received the sanction of Congress, but not of the President, who was to execute it; and whatever gentlemen may say in the heat of political excite ment, it is very doubtful, to say the least, whether some of the provisions of the law will ever receive the sanction of the SupremeN Court. Every mind free from passion and guided by reason alone, in so great a matter as this, must desire to harmonize all 3 depts of the Government. And that is precisely what I labored to accomplish to frame a law which should enforce to the full est extent this new amendment to the Constitution and secure to the freedmen every right which it gives, and so drawn as to receive the sanction of every dept legislative, executive, and judicial. Sir, why did not these gentlemen in Wisconsin wait, before coudemniu me, to read the law which I proposed, an which cost me severe and careful study to frame, which I feel assured would have received the sanction of the judges of the Supreme Court and of the President, and which I know would have defended the freedman in every right the constitutional amendment gives or act orizes by the whole power of the Government? Is itJust, dignified, or becoming the legislature or government of a great State like is consin thus to condemn unheard one of its Senators? I read: A bill to provide appropriate legislation to enforce article t ir tee n o the amendments lo the Constitution abolishing slavery in the U.S. Whereas slavery or involuntary servitude except as a punishmentfor crime. whereof the party shall have been duly convicted.has been abolished and prohibited by article 13 of the amendmentsto the Constitution, lately ratified and adopted by the Legislatures of 3/4ths of all the Stateswithin this Union.which amendmentis in the words following. namely: "Anriccl XHI. " Sncrios 1. Neither slavery nor involuntary servitude except as a punishment for crime. where of the party shall have been duly convicted. lhiill exist within the U.S or any place subject to their jurisdiction. “Sec. 2. Congress shall have powerto enforce this article by appropriate legislationi" Therefore. Be it enacted by the Senate and HoRep of the U.S.A. in (impressna lelllblfl. That all persons heretofore held to slavery or involuntary servitude, except as a punishment for crime.where of the party shal have condul convicted under the laws of apy, State of the U.S or of any of the Territories thereof.are here by declared to be free persons. nud they and their descendants shall be and remain forever.freefrom slaveryor involuntary servitude.except in punishment for crime whereof the party shall have been duly convicted.anything in any law. Statute regulation custom or constitution of any State or Territory to the contrary notwithstanding; SEC. 2. Abife: at all laws and customs having the forceof law in on.State or Territory heretofore or hereafter established, recognizing. maintaining or regulatingthe right of property in slaves or the relations of master and slave. are herebydeclared to be abrogatedand abolished. Ssc. 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 not.restrain or causeto be restrained of his or her liberty. with intent to subject or cause to be subjected or to hold or to cause to be held to service noa slave or involuntary servant any person shall be deemed zuilt of omis emciine r and on conviction shall be punishedby fine not exceed in%81000 or imprisonment not exceeding one year or 0t. in the discretion of the court. Sire. 4. Abife:.That any person who shall unlawfully and in violation of the provisions of the said 13th amendment to the Constitution and the provisionsof this act.restraine r ciiiiso to be restrained of his or her liberty. with the intent to hold or causeto be held to service as:slave or involuntary servant any person who has heretofore been held to slaveryor involuntary servitude under the laws of any State or Territory and has been emancipatedby the said 13th amendment to the Constitution commonly called a freedmen. llilll. in addition to the pains and penalties provided in the last preceding section of this not be llillllf to be L prosecutedby the person injured. who shall beon titled to recover the sumof 81.000i, n addition to all damages sustained by such person.Mother with the costs of the prosecution;and in case any and! freedman shall as party to any unit or legal prosoedinc. ctoivriyl or criminal. in the courtsof the State or arri where he may reside be deniedanyfllht secured by article 13 of amendmentsto the Constitution. he shall have a right to remove the laid canoe or proceeding into the district or circuit courts of the U.S. which shall thereafter take 0 { laucc of thesame.under such rules as may from time to time he adopted by such court; and the said State courts thereupon shall have no power to rocsod further in said causs or proceeding; and the said district or circuit courts shall also be empowered by writs of nanduiiiua and prohibition to stayall further proceedingsin the Statecourts or under any judgment or decree of the some.until the same shall 0 finally determinedin the courtsof the U.S.; and the said dl8l.fl0 and circuit courts shall have power. by writs of habedlcorpuo.mandamus prohibitions and certiomn' or other write or process.to take cognizanceof the rights secured by and amend amdejundt itroc.the Constitution to such freedman and to decree and enforce what shall be right in the premises anything in any law, statute.custom, or regulation in any State or Territory notwithstanding. SEC. 5. Abife: That if any arson shall kidnap orcarry away any other person whether negro. mula to or otherwnie with the intent that such other perspn shall he sold or carried into involuntary servitude or held as a slave: or if any person shall entice persuade, or knowinfly induce any other personto go on board any vesse or to any other place.with the intent that he or she shall be made or hold asa slave or sent out of the country to be somodeor held.orshiill in any way knowingly aid in causingany other person to be held. sold or our ried away. to be held or sold as a slave he or she shall be punished on conviction thereof by a fine of not less than $600normore than $5,000 or by imprisonuieut not exceeding 5 years or y both of said punishments. 5:0. 6. Abife: That if the master or owners or person having charge of any vessel shall receive on heard any other person, whether negro. mulatto or otherwise with the knowledzo or intent that such person shall by carried from any State. Torritory or district of the U.S., to a for ci cuntry. State or place.to beheld or sold as a slave or shall carry away from any State, Territory or district of the U.S. any such personmith the intent that he or sheshall beso held or sold as a slave such master owner, or other person offending shall be punished lay a fine not exceeding 85,00) nor less than 8500 or by imprisonment not exceeding the years, or byboth o t sai punishments. And tho vcqsel on boardwhich saidpersonwasreceivedto becarried away shall beforfeitedto the U.S. SEC.7. Abife: That the dist‘ict courts of the U.S. within their respective districts shall have cognizance of all crimes arid offenescommittedagainst the provisions of this not and also concurrently With the circuit courts of the U.S.of all civil causesunder this act. The gcurrriesd doientitohueindicsitvriilcat ander circumiatl cmouarttsershercfij'con of the U.S shall be exercised and enforcedin conformity with the laws of the U.S.asofar as we laws are suitable to carry the same into effect: but in all cases wheresuch laws are not adaptedto the object, or are deficient in the provrsions necessaryto furnish suitable remedies and ‘nnish offcnses against law. the common law. as modified and changed by the constitution and statutes ef the State wheren the courthaving jurisdictkin of the cause civil or criminal is held so far as the same is the Constitution andlawsof uoti neonsistentwith be the U.S shall extendedto and govern said courts in the trial and disposition of such cause. and.if a criminal nature. in the infliction of punishmenton the party found guilty: Provided. that nothing herein contained shzil prevent any State or erritory from providing by law for the trial and punishment.in the courts of such State or Territory. of any arson who may be adjudged under the lawsthereo to be guilty of false imprisonment or kidnaping or prevent any person from bnnginn ii proseouti oinn such courtsto redltmpR sustained by him by reason of such false imprisonment or kidnaping, under the laws of such State or Territtgf. SEC.8. Abife:. That the district attorneys marshals and deputy marshals of the U.S and the COmYUIiSIOHC appointed by the circuit and territorial courtsof the U.S.in case any person heretofore hold to slavery or involuntary servitude. Commonly called a freeman shall be restrained of his liberty by any person with intent. in violation of the 13th amendment to the Constitution and of the provisions of this act.to subject him to slaveryor involuntary servitude shall. at the expense of the U.S., ppply immediately for the writ of habeascorpus to bIlDI’ such freedmen before the proper court or officer to the endthat needy justice run hedonein the premises. Soc. 9. Abife: That it shall be the duty of all marshalsanddeputymarshalsto obey and executeall warrants and precepts issued under the provisions of this act. when to them directed: and shouldany marshal or deputy marshal refuse to receive such warrant or other yoccsswhentendered or to useall proper means di igently to executethe some. He shall on convictionthereof.be finedin the sumof 51.000 to the useof the personuponwhomthe accused is alleged to have committed the offcnse, and in the execution of such processtheyghall have authority to summon and call totheir aid the bystand ersor pone comimnu of the proper county and they may a ply to the POTUS.who is here youthoruod to employ each portion of the militia or of the land or naval forcesof the U.S. as may be necessaryto the execution of such warrants or other processin conformityWiththe provisions of this not; and said warrants shall run and be executedby said offiecrsanywherein the Stateor Territory within which theyare issued. Size.10. Abife: That any person whoshall knowingly and willfully obstruct.hinder or prevent any officer or other person chargedwith the execution of any warrantorproocssissuedunder the provisions of this act. orany person or personslaw fully assistinghim or them, fromarrestingany person for whose apprehension such warrant or process may have beenissued, or shall rescueorattempt to rescue such person from the custody of the officer, other person or person s or thoselawfully assistingusafore said, when so arrested pursuant to the authority heroingivenanddonlnred.0rshallaid abet or assist any person so arrested as aforesaid.directly or indirectly, to escape from the custodyof the officeror other person legally authorized asaforesaid, or shall harbor or (‘OHCCH any person for whose arrest a warrant or process shrill have been issued as aforesaid, so asto preventhis discovery and arrestafter notice or kiiowlodue of the fart that a warrant has been issuedfor the apprehensionot‘suchperson, shell, for either of" said offenses.be subject to u tine not cil cmreodn‘tnhns:,SLOUI and imprisonment not exceeding 6 by lll(il4‘llllf'lll and conviction beforq the district court of the U.S. for the district in which said offense in u have been committed. Obrefore the proper court 0 criminal jurisdiction. it wilhin anyone of the organized Territorcioems of the U.S. Soc. 11. Abife: That the district attorneys the maishals their doputies, niid the clerks ot the said distriet and territorial courts shall be paid for their servicesth like fees us may beallowed to them for similar servicesin other cases: and in all cases where the proceedingsare before a commasioncr. He shall be entitled to fees as now allowed by law for similar services.not exceeding ten dollars in full for his services in any case inclusive of all services incident to such arrestand examination: such feesto be made up ally in conformitywith the feesusu charged by the officers of the courtsofiustiee within the proper district or county.asnear asmay be practicable, and paid out.of the Treasury of the U.S., on the certificate of the Judge of the district within which the arrest is made that the same arereasonablein amount and to he recoVcrable from the defondantus part of the Judgment in caseof conviction. Size.12. Abife: That final decrees and judgments in all casesarising under the provisions of this net maybe roc'xaininedand reversed or atlirined in the SupremeCourt, upon writ of error eisus/unel, dTahsantonwo provided by law in other cases: Pro review shall be had except upon the certificate of the Judge presiding upon t a or hearing trial that the CODSUCHHOHEHIK proceeding of somelaw or under the authority of the U.S or of this act has been drawn in question on such trial or hearing. There is not a single right or remedy which the courts of the U.S. will hold to be constitutionally given to the freedmen under the civil rights bill which is not equally secured under this. Again, sir, I deemed it to be my duty to the Union cause at that time, and to that party which claimed to represent it, and which was struggling to save from suicide at the hands of its professed friends. These considerations of public duty, and of the highest expediency, constrained me to vote against passing the civil rights bill over the veto. I felt bound to make one more effort to save that irreparable breach between the majority of Congress and the administration of the national Union party, which I then foresaw was coming, which I did all I could toprevent, but which has now come. For that reason alone, ifI had no other, in my opinion, every true friend of the Union party should have approved and not conemned my course. At all events, my judg ment.was convinced that it was neither just nor wise to vote to pass that bill over the President’s veto, and therefore I refused to do so. As to the 2nd charge, that I refused to obey legislative instructions I shall go into no explanation upon that subject. I have only this to so: that my duty and the oath require me to o ey the Constitution of the U.S. They do not. require me to obey the changing opinions of anybody of men who may e elected to the Legislature of Wisconsin during the term for which iIwas chosen. And sir, in the present condition of the countryI would be false to my highost convictions of duty to resign my place new or to surrender the position to which, in the providence of, I have been assigned in this momentous opened. Of our history. No, sir, no. however much the storm of political denunciation may rage around me, if God, the Almighty, give me health and strength I intend to remain here a sleepless sentinel at the post of duty, to warn my countrymen of their impending dangers, which, unless wise counsels prevail, threaten to overthrow their constitutional liberties, or, it. may be, to plunge them into the horrors of another civilWar, to be waged not upon the fields of the sunny South but among the peeple of the northern States. For me to resign my place now would, I fear, bring upon my soul that crime, moral cowardice, of which I pray God I may never be guilty. X It is charged that I have united with the President to oppose “measures to secure ace, liberty and justice among all the people.’ Certainly no man who knows me an knows President Johnson can think for one moment that.he and I can have any such purpose. What. has the President done or refused to do to give color to a charge like this? He refused, it is true, to impose negro suffrage as a basis of reorganization of State governments in the southern States, and left that where it belongs to the States themselves. That is the head and front of his offending. In the speech of the Senfrom Ohio, [Mr. WADE] in reply to mine of the 17th of January, he most distinctly apiroved of