han that, there is not one
of them but what is just as tenable against the proposition he is in
favor of to found representation on voters as this. What lawyer in the
world ever heard that a denial is an admission? What lawyer ever heard
that a penalty is a permission? By this proposition, we say simply
this: 'If, in the exercise of the power that you have under the
Constitution, you make an inequality of rights, then you are to suffer
such and such consequences.' What sane man could ever pretend that
that was saying, 'Make an inequality of rights and we will sanction
it?' We do not deny--nobody can deny--that the power may be thus
exercised. What we say by this amendment is, 'If you attempt to
exercise it in this wrongful way, you create an inequality of rights;
and if you do create an inequality of rights'--not we, but you--'if
you undertake to do it under the power which exists in the
Constitution, then the consequence follows that you are punished by a
loss of representation.' That is all that is in it."
Having replied to the most of Mr. Sumner's objections in order, Mr.
Fessenden said: "The last point of the Senator is, that this
proposition is 'a compromise of human rights, the most immoral,
indecent, and utterly shameful in our history.'
"Mr. President, I stand rebuked, but I do not feel so bad as I might.
The Committee of Fifteen, the friends and associates of the honorable
Senator, stand rebuked. More than two-thirds of the House of
Representatives and a large majority of this body, all the political
friends and associates of the Senator, stand charged with proposing a
compromise of human rights the most immoral, indecent, and shameful in
our history! All I can say with regard to that is, that neither on its
face, in its effect, nor in its intention is it any compromise. None
such was dreamed of."
Mr. Fessenden thus described the remarkable combination of Senators
opposing the amendment: "I can not close, however, without saying how
amusing seems to me the character of the opposition to this joint
resolution. That opposition is composed of men of all shades of
opinion. The Democrats on the other side of the House oppose it
because they say it is unjust to the Southern States; my honorable
friends who have been some time with us are opposed to it because--I
do not know why, except that the President is opposed to it, and I
believe that is the ground; my honorable friend from Massachusetts
objects because
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