Page:Speeches, correspondence and political papers of Carl Schurz, Volume 1.djvu/527

Rh this to be so; can he tell me why it was deemed indispensable to affix to the thirteenth, fourteenth and fifteenth amendments the express provision that Congress should have the power to enforce them by appropriate legislation? The Senator from Maryland says that Congress had that power anyhow. I suppose so; but why was the power never so emphatically and expressly asserted as in these three cases? Simply because it was known that the recent three amendments had to be enforced in the States lately in armed insurrection, against the opposition of prejudice, habit and political passion. Is not the distinction obvious? Is not the intent of those who drafted the amendments and provided for the express grant of power clear as sunlight? Is not the necessity of using that grant of power equally evident?

Now, sir, I will not go into the discussion of the argument offered by Democratic Senators against the details of this bill. I know there are several provisions which are objectionable. I admit it frankly. I do think that the section which confers by implication upon the President power to surround the polls with the military forces of the United States ought not to be raised to the dignity of a permanent law. I know that such a law would be repugnant to the genius of free institutions, and that it is considered so all over the world. So it is with the other clause providing that the President shall have the power to command a judge to go here and to go there; and further, it is in my opinion of doubtful propriety to stimulate the desire of a citizen to secure his rights by the mercenary consideration of money. It does appear to me if a man has not spirit enough to do it for the sake of his rights, he ought not to be permitted to do it for the sake of so many dollars. And I here express my hope that the Senate will strike out these obnoxious provisions.

But as to the whole machinery of the bill, I think the