Mr. HIGBY. Mr. Speaker, I do not propose, upon this occasion, to go into a general debate or discussion upon all the questions that are now before Congress; that is, as to the general condition of the country, and what method should be pursued in order to restore the Union. But, sir, in what little I have to say, I shall confine in self exclusivelyto the question before the Ifouse, and seek some other occasion to speak, if I speak at all, upon the general question. A very important proposition was reporteda few days since from the ComReconstruction by the chairman of that committee. It contemplates the amendment of the constitution oft is U.S. on a subject 2nd only in importance, in my estimation, to that embraced in the amendment which has been 50 recently made. At the time of its introduction the able chairman of that committee seemed to think that this body was prepared to pass upon it almost immediately. l) have no doubt that he and the other members of that committee were satisfiedtruly, sincerely, earnestly, and honestly satisfied that that reposition was the best provision that could lie framed for an amendment. To my mind, sir, objections arose at once; and I regret that a measure is to be pressed here that may raise the question of the construction of other portions of the Constitution, when, it seems to me, language can be found in which to couch the amendment so as not. to infringe upon any of the barriers of the constitution. The amendment as reported would, at least impliedly, give to the States the power to discriminate as to those who shall be allowed the elective franchise. In some method of amend in the constitution I shall concur with the other members of this House; and while I may object to some features of the amendment introduced by the Gentfrom Pennsylvania, I have no kind of doubt that one can be so framed as to command the votes of 2/3rds of the members of this House. But I do hope that any amendment which we may pass will be so framed that no objection can be raised that it trenches upon any other portions of the constitution which are not intended to be affected. Now, sir, I shall proceed to explain my own objection to this amendment. while the basis of representation contemplated by the body of this resolution is to me somewhat objectionable, yet, if we can agree upon nothing else, I shall as sent to it and vote for it. To my mind, a better basis of representation would be the male citizens of the U.S.; for whatwe are seckin is a basis of representation, without regard to those who shall be allowed to votein the States. I shall not, however, dwell longnpoii the question as between the 2 kinds of bases for representation, provided the odious feature which is contained in the proviso shall be removed. But, sir, I give notice that, if the proviso of this amendment be retained, if it cannot be changed so as to obviate this objection, I, with my convictions, must necessarily vote against this amendment. The clause of the constitution, as proposed to be amended, will read thus: Representatives and direct taxes shall be apportioned among the several States which may be includedwithin this Union accordingto their respective numbers, countin the whole number of personsin each State, excluing Indians not taxed: Provided, That wheneverthe elective franchioe almll be denied or abridged in any SI"!!!on account race mcolor, all pornom thereine f such race or color Illall beexcluded from the(moi;of representation. Now, sir, in immediate connection with that, I will read that portion of the constitution with which, in to judgment, this proviso directly conflicts, an which we may as well blot out if we pass this resolution with this proviso. In section 4 of article 4 of the constitution I find this language: “The U.S shall u at t in this Union a RFG Now, sir, we are to consider these things as they will be practicall applied. We must take the country as we findit, and try to adapt the constitution to it. I grant that, if thereis any State of the Union that has but one race, and that the white race, with no prospect of its ever having any other, and where a proviso of this character would have no effect whatever to exclude anyone, this proviso might not be so obe cctionable so far as regards thatState. But I o say that, by implication, it gives the power to any State to exclude a whole class on account of race or color. I believe that my friend here from Ohio, [Mr. BisonAM] to whom I intend to yield a portion of my time, will attempt to explain how it is that a Government can be republican in form, and yet exclude, if need be, 1/2 of the population from the elective franchise. The State of SCarolina, in 1860, had within its limits 291,388 white people and 402,406 slaves more of the colored race than of the white race. I will give you another instance, an instance in which this proposed amendment of the constitution would) directly apply, and would give the State governments the power to exclude more than half of their population from the elective franchise. The Late of Mississippi had 353, 901 white population and 436 (:81 slave population. “I by, sir, I can find right here on this table other instances where they were nearly one halfof the population in 1860. There was not one of the slave States where a large proportion of the population was not black. Mr. Speaker, by the amendment we havejust adopted to the constitution of the U.S., there are now no slavesin any of the States of the Union; the slaves are all free. There is now no slavery within the limits of this Government, except and God knows I wish we had that amendment before us at this time, for I believe a 2/3rds vote would wipe out that exception except for crime. There is no good reason under heavan why a man for crime should be sold into slavery. It is time when in this country there should be no servitudes not even for crime. We see today in the reorganized States of the South that for the most frivolous offenses they are selling the men who were once in slavery into slavery again. Sir, a little time is worth while for us to deliberate on these great questions. We delib erated months on that amendment, and yet we did not cover the whole ground. Time is full of wisdom to us all. It contains more than men can contain. It shows that when we made that amendment we should have/blotted out all kinds of slavery. A little time is worth while to deliberate on this amendment. Now Mr. Speaker, when we are attempting to amend another portion of the constitution in the 1st section of it, I say that we are making a direct attack on the constitution. I say it; I do not know how many say it. Isay it, without fear or favor, that that amendment. will allow any State government in its organization to exclude 1/2 of its population from the right of suffrage; and I say such State governments will not be republican in form. I mow gentlemen will bring me authority one after another to settle the question.