viding that representation should be based upon "the number of male citizens of the United States over twenty-one years of age, having the qualifications requisite for electors of the most numerous branch of the State legislature."

Mr. Schenck addressed the House, and thus gave a history of his own connection with the measure: "At a very early day in this session, I was one of those disposed to ask the attention of Congress to the subject, to propose in proper form the submission of the question to the Legislatures of the several States. On the first day of the session, on the 4th of December last, as soon as the House was organized, I gave notice that I would on the next, or some succeeding day, introduce a proposition to amend the Constitution. On the ensuing day I did accordingly present a joint resolution. It stands as House Resolution No. 1 of the ses

sion.

"In that I propose representation hereafter shall be based upon suffrage. I propose that representation shall be apportioned among the several States of the Union according to the number of voters having qualifications requisite for electors of the most numerous branch of the Legislature of the State where they reside, following in this the language of the Constitution; these voters, however, to be further limited in their descriptions and definitions as being male citizens of the United States over twenty-one years of age. Now, whether the proposition be a good one or not; whether the limitation be such as should commend itself to the masses of our people, I will not for the present inquire. I will only remark they have seemed to me to embrace as many qualifications as we ought to include when we are going to lay down a new organic law on this subject."

An objection urged by Mr. Schenck against the plan proposed by the committee was, that it failed to offer inducements for a gradual enfranchisement of the negro. He said: "Now, sir, I am not one of those who entertain Utopian ideas in relation, not merely to the progress, but to the immediate change of sentiment, opinions, and practice among the people of those States that have so lately been slave States, and so recently in rebellion. I believe that, like all other people, their growth toward good and right and free institutions must necessarily be gradual; and if we pass the amendment which I have proposed, or any thing similar to it, and say to them, 'You shall have representation proportioned to

the portion of your population to which you extend this inestimable franchise,' my belief is that they will not, on the next day after it becomes a part of the organic law of the United States, at once enfranchise all the negroes in their midst. I am not sure that they ought to do it; but we are dealing with the matter now as it presents itself as a practical question. What will they probably do? My belief is, that if you persuade them to do right, if you hold out to them an inducement for letting their negroes vote, and striking out these disqualifications and putting all upon the basis of manhood, they will probably begin, after the amendment becomes part of the organic law, by extending this right to those who have acquired certain property; perhaps they will also extend it, after awhile, to those who have certain qualifications of education. However they may proceed, whether rapidly or slowly, it will be a work of progress and a work of time. But by this amendment you would say to them, 'We do not want you to enter upon any such gradual bringing up of these people to the level plain of right to be enjoyed by them equally with others of other races in your midst.' We say to them, 'You may enfranchise one-third or one-fourth of your people who are black and deprived of the privilege of voting by introducing the qualification of property, up to which one-third or one-fourth may come; you may introduce a qualification of education, up to which a number of them may come; but that will all be of no value; so long as there is any denial or any abridgement of the right to vote of a single man on account of his race or color, you shall have no part of the population of that race or color counted to measure to you your share of representation.'

"Now, I will not go into the abstract question whether they ought to enfranchise the negroes at once or not; I will not go into the question of how soon they ought to do it as a matter of expediency; I say that, in all human probability, when they come to enfranchise, if they do it at all, this portion of their population, they will do it gradually; yet, by this amendment, as it comes from the committee, you say that they shall not be represented for any part of it at all till they completely enfranchise them and put them on the same footing with the white population."

In conclusion, Mr. Schenck remarked: "New England, if she should even lose a vote, or two votes, or a fraction of a vote, can

not afford, any more than Ohio or Indiana, or any other of those States can, having these particular objections to the scheme, to let the opportunity go by now and not introduce a general amendment which will remedy the one great evil under which we are all laboring together. I hold that Ohio must give up her objections on account of her negro population; that the North-western States must give up their objections on account of the fact that they are permitting persons to vote who are not yet citizens of the United States. Those persons would have to wait, 'to tarry at Jericho until their beards are grown.' I hold that New England must give up her objections; and, if we are to amend the organic law at all, we must do it by uniting upon a common principle, a common sympathy, a common feeling, at least on this side of the House, upon which the entire responsibility is thrown, acting harmoniously, and adopting such an amendment to the organic law as shall be entirely democratic and fair in all its scope and action upon all the people of the States of this Union." The discussion was continued on the day following, Mr. Eldridge, of Wisconsin, having the floor for the first speech. After having expressed his satisfaction that the sun was allowed to go down on the deliberations upon this resolution, he confessed himself opposed to the amendment of the Constitution. He said: "I believe that this is not the time for its amendment, and I believe, further, that there are other States than those represented upon this floor which are entitled to deliberate with us on that question, and to that point I shall mainly address the remarks which I have to make at this time."

He made a protracted speech on the general subject of reconstruction. At the close of his remarks, he said: "It would much more comport with the dignity and sense of justice of the American Congress to let the legally elected members from the Southern States be admitted, and participate in the proceedings and debates, especially in matters of so great importance as a change in our organic law. Let us have a representation for our whole country. Wherever the American flag floats, from the St. Lawrence to the Gulf of Mexico-wherever the Star-spangled Banner waves-that is our country. And let us legislate as Americans, as Representatives of our whole country, in a spirit of justice, liberality, and patriotism, and we will again have one country."

Mr. Higby, of California, was opposed to the joint resolution from the fact that the proviso in the proposed amendment is in conflict with that portion of the Constitution which requires that "the United States shall guarantee to every State in this Union a republican form of government." "I say it," said he, "without fear or favor, that that amendment will allow any State government in its organization to exclude one-half of its population from the right of suffrage; and I say such State governments will not be republican in form."

In a conversation which ensued with some members, Mr. Higby maintained that no State excluding any class of citizens on account of race or color was republican in form. "I do not believe," said he, "there is a single State in the Union, except it may be one of the New England States, which is an exception to that general rule."

Mr. Hill, of Indiana, asked whether the gentleman would favor the House with his opinion as to what would be a republican form of government.

Mr. Higby was sorry that the gentleman had lived to his time of life, and obtained a position as the Representative of a large constituency, without finding out what a republican form of government is. "I will ask the gentleman," said he, "if he thinks that those States that have excluded and disfranchised more than half of their native population have a republican form of government?"

"In my opinión," said Mr. Hill, "when the framers of the Constitution placed in that instrument the declaration or the provision that the Government of the United States would guarantee to each State a republican form of government, they spoke with reference to such governments as then existed, and such as those same framers recognized for a long time afterward as republican governments."

"Well, that is a very good answer," said Mr. Higby. "It is an answer from a stand-point seventy-five years ago. I speak from the stand-point of the present time."

Mr. Higby desired that the joint resolution should go back to the committee. He said: "I do not wish it disposed of here, to be voted down. I want, if it is possible, that it shall be so framed that it shall receive the full constitutional majority required, and be a proposition that shall operate with full force in all those