History of the Thirty-Ninth Congress of the United StatesBarnes, William Horatio
History
History of the Thirty-Ninth Congress of the United States
Barnes, William Horatio
United States -- Politics and government -- 1865-1869; United States. Congress (39th : 1865-1867)
Mr. Guthrie, of Kentucky, said: "My doctrine is that slavery exists no
longer in this country; that it is impossible to exist in the face of
that provision; and with slavery fell the laws of all the States
providing for slavery, every one of them. I do not see what benefit
can arise from repealing them by this bill, because, if they are not
repealed by the Constitution as amended, this bill could not repeal
them. I hope that all the States in which slavery formerly existed
will accept that constitutional provision in good faith. I myself
accept it in good faith. Believing that all the laws authorizing
slavery have fallen, I have advised the people of Kentucky, and I
would advise all the States, to put these Africans upon the same
footing that the whites are in relation to civil rights. They have all
the rights that were formerly accorded to the free colored population
in all the States just as fully this day as they will have after this
bill has passed, and they will continue to have them.
"Now, to the States belong the government of their own population, and
those within their borders, upon all subjects. We, in Kentucky,
prescribe punishment for those who violate the laws; we prescribe it
for the white population; we prescribe it for the free African
population, and we prescribe it for the slave population. All the laws
prescribing punishment for slaves fell with slavery, and they were
subject afterward only to the penalties which were inflicted upon the
free colored population, they then being free. Slaves, for many
offenses, were punished far less than the free colored people. No
slave was sent to the penitentiary and punished for stealing, or any
thing of that kind, whereas a free person was. But all these States
will now, of course, remodel their laws upon the subject of offenses.
I would advise that there should be but one code for all persons,
black as well as white; that there shall be one general rule for the
punishment of crime in the different States. But, sir, the States must
have time to act on the subject; and yet we are here preparing laws
and penalties, and proposing to carry them into execution by military
authority, before the States have had time to legislate, and even
before some of their Legislatures have had time to convene.
Public-domain text, read in full here on John Shaqi.
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