Читать книгу History of the Thirty-Ninth Congress of the United States - William Horatio Barnes - Страница 40

Duty of Congress to legislate for the District of Columbia

—Suffrage Bill introduced into the House—Speech by Mr.

Wilson—Mr. Boyer—Mr. Schofield—Mr. Kelley—Mr.

Rogers—Mr. Farnsworth—Mr. Davis—Mr. Chanler—Mr.

Bingham—Mr. Grinnell—Mr. Kasson—Mr. Julian—Mr.

Thomas—Mr. Darling—Mr. Hale's amendment—Mr. Thayer

—Mr. Van Horn—Mr. Clarke—Mr. Johnson—Mr.

Boutwell.

Whatever differences of opinion may exist as to the authority of Congress to legislate for States loyal or disloyal, or for Territories, there is entire unanimity as to the power and duty of Congress to enact laws for the District of Columbia. Here there is no countercurrent of "reserved rights" or "State sovereignty" opposed to the authority of Congress.

Congress being responsible for the legislation of the District of Columbia, we naturally look in that direction for an exhibition in miniature of the policy of the national legislature on questions relating to the interests of the nation at large. If slavery flourished and the slave-market existed in the capital, it was because a majority of the people of the United States were willing. So soon as the nation became anti-slavery, the "peculiar institution" could no longer exist in the District of Columbia, although it might still survive in other localities.

The General Government having become completely disenthralled from the dominion of slavery, and a wide-spread opinion prevailing at the North that all loyal men should enjoy the right of suffrage, the members of the Thirty-ninth Congress convened with a sense of duty impelling them to begin the great work of political reform at the capital itself. Hence Mr. Wade, as we have seen, on the first day of the session, introduced "Senate bill Number One," designed, as its title declared, "to regulate the elective franchise in the District of Columbia." In the House of Representatives, on the second day of the session, Mr. Kelley introduced "a bill extending the right of suffrage in the District of Columbia." This bill was referred to the Judiciary Committee.

In the House of Representatives, on the 18th of December, Mr. Wilson, chairman of the Committee on the Judiciary, reported a bill extending the right of suffrage in the District of Columbia. The bill provided that from all laws and parts of laws prescribing the qualification of electors for any office in the District of Columbia, the word "white" should be stricken out; also, that from and after the passage of the bill, no person should be disqualified from voting at any election held in the District of Columbia on account of color; also, that all acts of Congress, and all laws of the State of Maryland in force in the District of Columbia, and all ordinances of the cities of Washington and Georgetown inconsistent with the provisions of the bill, should be repealed and annulled.

This bill was made the special order for Wednesday the 10th of

January.

Mr. Wilson, of Iowa, whose duty it was, as chairman of the Judiciary Committee, to report the bill, opened the discussion by speaking as follows in favor of the measure:

"Can we excuse ourselves in continuing a limitation on the right of suffrage in the capital of the republic that has no justification in reason, justice, or in the principles on which we profess to have based our entire political system? Upon this question there seems to have been but little difference of opinion among the men who laid the foundation and built the superstructure of this Government. In those days no limitation was placed upon the enjoyment of the defensive rights of the citizen, including the right of suffrage, on account of the color of the skin, except in the State of South Carolina. All of the other States participating in the formation of the Government of the United States had some limitation, based on sex, or age, or property placed upon the right of suffrage; but none of them so far forgot the spirit of our Constitution, the great words of the Declaration of Independence, or the genius of our institutions, as to inquire into the color of a citizen before allowing him the great defensive right of the ballot. It is true, that as the republic moved off in its grand course among the nations a change occurred in the minds and practices of the people of a majority of the States. The love of liberty, because of its own great self, and not because of its application to men of a particular color, lost its sensitive character and active vitality. The moral sense of the people became dormant through the malign influence of that tolerated enemy to all social and governmental virtue, human slavery. The public conscience slumbered, its eyes closed with dollars and its ears stuffed with cotton. When these things succeeded the active justice, abounding mercy, and love of human rights of the earlier days, State after State fell into the dark line of South Carolinian oppression, and adopted her anti-republican limitation of the right of suffrage. A few States stood firm and kept their faith, and to-day, when compared with the bruised and peeled and oppression-cursed State of South Carolina, stand forth as shining examples of the great rewards that are poured upon the heads of the just. Massachusetts and South Carolina, the one true, the other false to the faith and ideas of the early life of the nation, should teach us how safe it is to do right, and how dangerous it is to do wrong; how much safer it is to do justice than it is to practice oppression.

"But, sir, not the States alone fell into this grievous error. The General Government took its stand upon the side of injustice, and apostatized from the true faith of the nation, by depriving a portion of its citizens of the political right of self-defense, the use of the ballot. What good has come to us from this apostasy? Take the history of the municipal government of this city, and what is there in its pages to make an American feel proud of the results of this departure from the principles of true democracy? Is there a worse governed city in all the republic? Where in all the country was there to be found such evidences of thriftless dependence as in this city before the cold breath of the North swept down here during the rebellion and imparted a little of 'Yankee' vigor to its business and population? Where within the bounds of professed fidelity to the Government was true loyalty at a lower ebb, and sympathy with the rebellion at higher flood; freedom more hated, and emancipation more roundly denounced; white troops harder to raise, and black ones more heartily despised; Union victories more coldly received, and reverses productive of less despondency, than right among that portion of the voting population and its adjuncts which control the local elections in this District? With what complaisance the social elements of this capital fostered the brood of traitors who rushed hence to the service of the rebellion in 1861! Are these fruits of our errors pleasing?

"I would not be vindictive, I would be just. I do not want to legislate against the white citizen for the purpose of advancing the interests of the colored citizen. It is best to guard against all such legislation. Let the laws which we pass here be of such pure republican character, that no person can tell from the reading of them what color is stamped upon the faces of the citizens of the United States. Let us have no class legislation, no class privileges. Let our laws be just and uniform in their operation. This is the smooth sea upon which our ship of state may sail; all others are tempestuous and uncertain.

"And now, Mr. Speaker, who are the persons upon whom this bill will operate, if we shall place it upon the statute-book of the nation? They are citizens of the United States and residents of the District of Columbia. It is true that many of them have black faces, but that is God's work, and he is wiser than we. Some of them have faces marked by colors uncertain; that is not God's fault. Those who hate black men most intensely can tell more than all others about this mixture of colors. But, mixed or black, they are citizens of this republic, and they have been, and are to-day, true and loyal to their Government; and this is vastly more than many of their contemners can claim for themselves. In this District a white skin was not the badge of loyalty while a black skin was. No traitor breathed the air of this capital wearing a black skin. Through all the gradations of traitors, from Wirz to Jeff. Davis, criminal eyes beamed from white faces. Through all phases of treason, from the bold stroke of Lee upon the battle-field to the unnatural sympathy of those who lived within this District, but hated the sight of their country's flag, runs the blood which courses only under a white surface. While white men were fleeing from this city to join their fortunes with the rebel cause, the returning wave brought black faces in their stead. White enemies went out, black friends came in. As true as truth itself were these poor men to the cause of this imperiled nation. Wherever we have trusted them, they have been true. Why will we not deal justly by them? Why shall we not, in this District, where the first effective legislative blow fell upon slavery, declare that these suffering, patient, devoted friends of the republic shall have the power to protect their own rights by their own ballots? Is it because they are ignorant? Sir, we are estopped from that plea. It comes too late. We did not make this inquiry in regard to the white voter. It is only when we see a man with a dark skin that we think of ignorance. Let us not stand on this now in relation to this District. The fact itself is rapidly passing away, for there is no other part of the population of the District so diligent in the acquisition of knowledge as the colored portion. In spite of the difficulties placed in their pathway to knowledge by the white residents, the colored people, adults and children, are pressing steadily on.

"Taken as a class, they surely show themselves possessed of enough of the leaven of thrift, education, morality, and religion to render it safe for us to make the experiment of impartial suffrage here. Let us make the trial. A failure can work no great harm, for to us belongs the power to make any change which the future may show to be necessary. How can we tell whether success or failure shall be the fruit of a practical application of the principles upon which our institutions rest, unless we put them to a fair test? Give every man a fair chance to show how well he can discharge the duties of fully recognized citizenship. This is the way to solve the problem, and in no other way can it be determined. That success will attend the experiment I do not doubt. Others believe the result will prove quite the reverse. Who is right and who wrong can be ascertained only by putting the two opinions to a practical test. The passage of this bill will furnish this test, and to that end I ask for it the favorable consideration of this house."

Mr. Boyer, of Pennsylvania, said: "The design of this bill is to inaugurate here, upon this most conspicuous stage, the first act of the new political drama which is intended to culminate in the complete political equality of the races and the establishment of negro suffrage throughout the States. Constitutional amendments with this view have been already introduced at both ends of the Capitol. The object of the leaders of this movement is no longer concealed; and if there is any thing in their action to admire, it is the candor, courage, and ability with which they press their cause. The agitation is to go on until the question has been settled by the country, and it may as well be met here upon the threshold. The monstrous proposition is nothing less than the absorption into the body politic of the nation of a colored population equal to one-sixth of all the inhabitants of the country, as the census reports will show. Four millions of the population so to be amalgamated have been just set free from a servitude, the debasing influences of which have many a time been vividly depicted in the anti-slavery speeches of the very men who are the most prominent champions of this new political gospel.

"The argument in favor of the American negro's right to vote must be measured by his capacity to understand and his ability to use such right for the promotion of the public good. And that is the very matter in dispute. But the point does not turn simply upon the inferiority of the negro race; for differences without inferiority may unfit one race for political or social assimilation with another, and render their fusion in the same government incompatible with the general welfare. It is, as I conceive, upon these principles that we must settle the question whether this is a white man's government.

"The negro has no history of civilization. From the earliest ages of recorded time he has ever been a savage or a slave. He has populated with teeming millions the vast extent of a continent, but in no portion of it has he ever emerged from barbarism, and in no age or country has he ever established any other stable government than a despotism. But he is the most obedient and happy of slaves.

"Of all men, the negroes themselves are best contented with their situation. They are not the prime movers in the agitations which concern them. An examination of the tables of the last census will demonstrate that they do not attach much importance to political rights. It will be found that the free people of color are most numerous in some of those States which accord them the fewest political privileges; and in those States which have granted them the right of suffrage they seem to see but few attractions. In Maryland there were, in 1860, 83,942 free people of color; in Pennsylvania, 56,949; in Ohio, 36,673. In neither of those States were they voters. In the State of New York, where they could not vote except under a property qualification, which excluded the most of them, they numbered 49,005. But in Massachusetts, where they did then and do now vote, there were but 9,602. And in all New England, (except Connecticut, where they are not allowed to vote,) there were at the last census but 16,084. If the American negro, in his desire and capacity for self-government, bore any resemblance to the Caucasian, he would distinguish himself by emigration; and, spurning the soil which had enslaved his race, he would seek equality and independence in a more congenial clime. But the spirit of independence and hardy manhood which brought the Puritans to the shores of a New England wilderness he lacks. He will not even go to Massachusetts now, although, instead of a stormy ocean, his barrier is only an imaginary State line, and instead of a howling wilderness, he is invited to a land resounding with the myriad voices of the industrial arts, and instead of painted savages with uplifted tomahawks, he has reason to expect a crowd of male and female philanthropists, with beaming faces and outstretched hands, to welcome him and call him brother. There will he find lecturers to prove his equality, and statesmen to claim him as an associate ruler in the land. If he cares for these things, or is fit for them, why does he linger outside upon the very borders of his political Eden? Why does he not enter into it—avoiding Connecticut in his route—and take possession? The fact is, that the fine political theories set up in his behalf are not in accordance with the natural instinct of the negro, which, in this particular, is truer than the philosophy of his white advisers.

"They are but superficial thinkers who imagine that the organic differences of races can be obliterated by the education of the schools. The qualities of races are perpetuated by descent, and are the result of historical influences reaching far back into the generations of the past. An educated negro is a negro still. The cunning of the chisel of a Canova could not make an enduring Corinthian column out of a block of anthracite; not because of its color, but on account of the structure of its substance. He might indeed, with infinite pains, give it the form, but he could not impart to it the strength and adhesion of particles required to enable it to brave the elements, and the temple it was made to support would soon crumble into ruin."

Mr. Schofield, of Pennsylvania, said: "The cheapest elevator and best moralizer for an oppressed and degraded class is to inspire them with self-respect, with the belief in the possibility of their elevation. Bestow the elective franchise upon the colored population of this District, and you awaken the hope and ambition of the whole race throughout the country. Hitherto punishment has been the only incentive to sobriety and industry furnished these people by American law. They were kept too low to feel disgrace, and reward was inconsistent with the theory of 'service owed.' Let us try now the persuasive power of wages and protection. If colored suffrage is still considered an experiment, this District is a good place in which to try it. The same objections do not exist here that are urged on behalf of some of the States. No constitutional question intervenes. Here, at least, Congress is supreme. The law can be passed, and if it is found to be bad, a majority can repeal it. The colored race is too small in numbers here to endanger the supremacy of the white people, but large and loyal enough to counteract to some extent disloyal proclivities.

"Both the precept and practice of our fathers refute the allegation that this is exclusively a white man's government. If we can not now consent to so slight a recognition, as proposed by this bill, of the great underlying theory of our Government, as declared and practiced by our fathers, we are thrown back upon that new and monstrous doctrine, that the five millions of our colored population, and their posterity forever, have no rights that a white man is bound to respect.

"Who pronounces this crushing sentence? The political South. And what is this South? The Southern master and his Northern minion. Have these people wronged the South? Have they filled it with violence, outrage, and murder? No, sir; they are remarkably gentle, patient, and respectful. Have they despoiled its wealth or diminished its grandeur? No, sir; their unpaid toil has made the material South. They removed the forests, cleared the fields, built the dwellings, churches, colleges, cities, highways, railroads, and canals. Why, then, does the South hate and persecute these people? Because it has wronged them. Injustice always hates its victim. They are forced to look to the North for justice. And what is the North? Not the latitude of frosts; not New England and the States that border on the lakes, the Mississippi, and the Pacific. The geographical is lost in the political meaning of the word. The North, in a political sense, means justice, liberty, and union, and in the order in which I have named them. Jefferson defined this 'North' when he wrote 'all men are created equal, endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness.' This North has no geographical boundaries. It embraces the friends of freedom in every quarter of this great republic. Many of its bravest champions hail from the geographical South. The North, that did not fear the slave power in its prime, in the day of its political strength and patronage, when it commanded alike the nation and the mob, and for the same cruel purpose, will not be intimidated by its expiring maledictions around this capital. The North must pass this bill to vindicate its sincerity and its courage. The slave power has already learned that the North is terrible in war, and forgiving and gentle in peace; let its crushed and mangled victims learn from the passage of this bill, that the justice of the North, unlimited by lines of latitude, unlimited by color or race, slumbereth not."

Mr. Kelley, of Pennsylvania, followed: "In preparing to begin the work of reconstructing the grandest of human governments, shattered for a time by treason, and in endeavoring to ascertain what we should do, and how and when it should be done, I have consulted no popular impulse. Groping my way through the murky political atmosphere that has prevailed for more than thirty years, I have seated myself at the feet of the fathers of our country, that I might, as far as my suggestions would go, make them in accordance with the principles of those who constructed our Government. I can make no suggestion for the improvement of the primary principles or general structure of our Government, and I would heal its wounds so carefully that it should descend to posterity unstained and unmarred as it came, under the guidance of Providence, from the hands of those who fashioned it.

[Illustration: Hon. William D. Kelley, representative from

Pennsylvania.]

"For whom do we ask this legislation? In 1860, according to the census, there were fourteen thousand three hundred and sixteen colored people in this District, and we ask this legislation for the male adults of that number. Are they in rags and filth and degradation? The tax-books of the District will tell you that they pay taxes on $1,250,000 worth of real estate, held within the limits of this District. On one block, on which they pay taxes on fifty odd thousand dollars, there are but two colored freeholders who have not bought themselves out of slavery. One of them has bought as many as eight persons beside himself—a wife and seven children. Coming to freedom in manhood, mortgaged for a thousand or fifteen hundred dollars as his own price, he has earned and carried to the Southern robber thousands of dollars, the price extorted for his wife and children, and is now a freeholder in this District. They have twenty-one churches, which they own, and which they maintain at an annual cost of over twenty thousand dollars. Their communing members number over forty-three hundred. In their twenty-two Sunday-schools they gather on each Sabbath over three thousand American children of African descent. They maintain, sir, to the infamous disgrace of the American Congress and people, thirty-three day schools, eight of which are maintained exclusively by contributions from colored citizens of the District; the remainder by their contributions, eked out by contributions from the generous people of the North; and every dollar of their million and a quarter dollars of real estate and personal property is taxed for schools to educate the children of the white people of the District, the fathers of many of those children having been absent during the war fighting for the Confederacy and against our constitutional flag. Who shall reproach them with being poor and ignorant while Congress, which has exclusive jurisdiction over the District, has, till last year, robbed them day by day, and barred the door of the public school against them? Such reproach does not lie in the white man's mouth; at any rate, no member of the Democratic party ought to utter it."

The debate was continued on the day following. Mr. Rogers, of New Jersey, having obtained the floor, addressed the House for two hours. He said: "I hold that there never has been, in the legislation of the United States, a bill which involved so momentous consequences as that now under consideration, because nowhere in the history of this country, from the time that the first reins of party strife were drawn over the land, was any political party ever known to advocate the doctrine now advocated by a portion of the party on the other side of this House, except within the last year, and during the heat and strife of battle in the land. The wisdom of ages for more than five thousand years, and the most enlightened governments that ever existed upon the face of the earth, have handed down to us that grand principle that all governments of a civilized character have been and were intended especially for the benefit of white men and white women, and not for those who belong to the negro, Indian, or mulatto race.

"It is the high prerogative which the political system of this country has given to the masses, rich and poor, to exercise the right of suffrage and declare, according to the honest convictions of their hearts, who shall be the officers to rule over them. There is no privilege so high, there is no right so grand. It lies at the very foundation of this Government; and when you introduce into the social system of this country the right of the African race to compete at the ballot-box with the intelligent white citizens of this country, you are disturbing and embittering the whole social system; you rend the bonds of a common political faith; you break up commercial intercourse and the free interchanges of trade, and you degrade the people of this country before the eyes of the envious monarchs of Europe, and fill our history with a record of degradation and shame.