What is property? It has been judicially decided that the
elective franchise is property. Leaving out the question of
voting, however, as a question of property, is it not true
that, under our republican form and system of government, the
ballot is one of the means by which property is secured? Your
bill gives to these persons every security for the protection
of person and property which a white man has. What is one means
and a very important means of securing the rights of person and
property? It is a voice in the Government which makes the laws
regulating and governing the right of property. Under our
system of government--mark you, I do not say that it is so
under all governments--one of the strongest and most efficient
means for the security of person and property is a
participation in the selection of those who make the laws. It
was therefore that I thought that the honorable Senator when he
framed this bill meant to give to these persons the right of
voting; and I should still think so but for his personal
disclaimer of any such object.
Senator Van Winkle (Unionist), of West Virginia, contended that negroes
were not citizens of the United States and could not be made such by act
of Congress, or by anything short of constitutional amendment. He was
opposed to the introduction of inferior races into the ranks of
citizenship, but if the Constitution should be changed in the mode
provided for its amendment so as to introduce negroes, Indians, Chinese,
and other alien races to citizenship, he would endeavor to do his whole
duty toward them by recognizing them as citizens in every respect.
Senator Cowan held that the second clause of the Thirteenth Amendment of
the Constitution was limited to the breaking of the bond by which the
negro slave was held by his master. It was not intended to revolutionize
all the laws of the various states. The bill under consideration would
not only repeal statutes of Pennsylvania, but would subject the judges
of her courts to criminal prosecution, for enforcing her own laws. He
(Cowan) was willing to vote for an amendment of the Constitution giving
Congress the power to secure to all men of every race, color, and
condition their natural rights to life, liberty, and property, but the
bill under consideration was an attempt to do, without any power, that
which it was very questionable whether we ought to do, even if we had
the power. Cowan concluded by arguing that Congress ought not to enact
laws affecting the Southern States so radically, when they were not
represented in Congress.
Public-domain text, read in full here on John Shaqi.
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