History of the Thirty-Ninth Congress of the United States Part 6

At a previous stage of the discussion of this measure, Mr. Hale had proposed amendments to the bill. These amendments were now the subject under discussion. They were in the following words:

"Amend the motion to recommit by adding to that motion an instruction to the committee to amend the bill so as to extend the right of suffrage in the District of Columbia to all persons coming within either of the following cla.s.ses, irrespective of caste or color, but subject only to existing provisions and qualifications other than those founded on caste or color, to wit:

"1. Those who can read the Const.i.tution of the United States.

"2. Those who are a.s.sessed for and pay taxes on real or personal property within the District.

"3. Those who have served in and been honorably discharged from the military or naval service of the United States.

"And to restrict such right of suffrage to the cla.s.ses above named, and to include proper provisions excluding from the right of suffrage those who have borne arms against the United States during the late rebellion, or given aid and comfort to said rebellion."

At the close of Mr. Darling's remarks, in which he had moved to postpone the whole subject, Mr. Hale, of New York, having argued at considerable length in favor of the several clauses of his proposed amendment, remarked: "Of the details of my amendment I am by no means tenacious. I do not expect to bring every member of the House, or even every member on this side of the House, to concur in all my own views.

I desire simply to put my measures fairly before the House, and to advocate them as I best can. I am ready and willing to yield my own preferences in matters of detail to their better judgment. More than that, I shall not follow the example that has been set by some on this side of the House who oppose my amendment, and who claim to be the peculiar friends of negro suffrage, by proclaiming that I will adhere to the doctrine of qualified suffrage, and will join our political enemies, the Democrats, in voting down every thing else. No, sir; for one, and I say it with entire frankness, I prefer a restricted and qualified suffrage substantially upon the basis that I have proposed.

If the voice of this House be otherwise--if the sentiment of this Congress be that it is more desirable that universal suffrage should be extended to all within this District, then, for one, I say most decidedly I am for it rather than to leave the matter in its present condition, or to disfranchise the black race in this District."

Mr. Thayer, of Pennsylvania, spoke as follows: "The proposition contained in this bill is a new proposition. It contemplates a change which will be a landmark in the history of this country--a landmark which, if it is set up, will be regarded by the present and future generations of men who are to inhabit this continent with pride and satisfaction, or deplored as one of the gravest errors in the history of legislation. The bill, if it shall become a law, will be, like the law to amend the Const.i.tution by abolis.h.i.+ng slavery, the deep foot-print of an advancing civilization, or the conspicuous monument of an unwise and pernicious experiment.

"Much has been said, on the part of those who oppose the bill, on the subject of its injustice to the white inhabitants of the District of Columbia. Indeed, the argument on that side of the question is, when divested of all that is immaterial, meretricious, and extravagant, reduced almost entirely to that single position. Abstract this from the excited declamation to which you have listened, and what is left is but the old revolting argument in favor of slavery, and a selfish appeal to prejudice and ignorance. It is insisted that a majority of the white voters of the District are opposed to the contemplated law, that they have recently given a public expression of their opinion against it, and that for that reason it would be unjust and oppressive in Congress to pa.s.s this law. In my judgment, this is a question not concerning alone the wishes and prejudices of the seven thousand voters who dwell in this District, but involving, it may be, the honor, the justice, the good faith, and the magnanimity of the great nation which makes this little spot the central seat of its empire and its power.

"If it concerns the honor of the United States that a certain cla.s.s of its people, in a portion of its territory subject to its exclusive jurisdiction and control, shall, in consideration of the change which has taken place in its condition, and of the fidelity which it has exhibited in the midst of great and severe trials, be elevated somewhat above the political degradation which has. .h.i.therto been its lot, shall the United States be prevented from the accomplishment of that great and generous purpose by the handful of voters who temporarily encamp under the shadow of the Capitol? It may be that the determination of a question of so much importance as this belongs rather to the people of the United States, through their Representatives in Congress a.s.sembled, than to the present qualified voters of this District. Sir, the field of inquiry is much wider than the District of Columbia, and the problem to be solved one in which not they alone are interested. When Congress determined that the time had come when slavery should be abolished in this District, and the capital of the nation should no longer be disgraced by its presence, did it pause in the great work of justice to which it laid its hand to hear from the mayor of Was.h.i.+ngton, or to inquire whether the masters would vote for it? It is not difficult to conjecture what the fate of that great measure would have been had its adoption or rejection depended upon the voters of this District.

"Shall we be told, sir, that if the Representatives of the people of twenty-five States are of the opinion that the laws and inst.i.tutions which exist in the seat of Government of the United States ought to be changed, that they are not to be changed because a majority of the voters who reside here do not desire that change? Will any man say that the voices of these seven thousand voters are to outweigh the voices of all the const.i.tuencies of the United States in the capital of their country? I dismiss this objection, therefore, as totally dest.i.tute of reason or weight. It is based upon a fallacy so feeble that it is dissipated by the bare touch of the Const.i.tution to it.

"Whatever is the duty of the United States to do, that is for their interest to do. The two great facts written in history by the iron hand of the late war are, first, that the Union is indissoluble, and second, that human slavery is here forever abolished. From these two facts consequences corresponding in importance with the facts themselves must result: from the former, a more vigorous and powerful nationality; from the latter, the elevation and improvement of the race liberated by the war from bondage, as well as a higher and more advanced civilization in the region where the change has taken place.

It is impossible to say that the African race occupies to-day the same position in American affairs and counts no more in weight than it did before the rebellion. You can not strike the fetters from the limbs of four million men and leave them such as you found them. As wide as is the interval between a freeman and a slave, so wide is the difference between the African race before the rebellion and after the rebellion.

You can not keep to its ancient level a race which has been released from servitude any more than you can keep back the ocean with your hand after you have thrown down the sea-wall which restrained its impatient tides. Freedom is every-where in history the herald of progress. It is written in the annals of all nations. It is a law of the human race. Ignorance, idleness, brutality--these belong to slavery; they are her natural offspring and allies, and the gentleman from New York, [Mr. Chanler,] who consumed so much time in demonstrating the comparative inferiority of the black race, answered his own argument when he reminded us that the Const.i.tution recognized the negro only as a slave, and gave us the strongest reason why we should now begin to recognize him as a freeman. Sir, I do not doubt that the negro race is inferior to our own. That is not the question.

You do not advance an inch in the argument after you have proved that premise of your case. You must show that they are not only inferior, but that they are so ignorant and degraded that they can not be safely intrusted with the smallest conceivable part of political power and responsibility, and that this is the case not on the plantations of Alabama and Mississippi, but here in the District of Columbia. Nay, you must not only prove that this is the general character of this population here, but that this condition is so universal and unexceptional that you can not allow them to take this first step in freedom, although it may be hedged about with qualifications and conditions; for which of you who have opposed this measure on the ground of race has proposed to give the benefit of it to such as may be found worthy? Not one of you. And this shows that your objection is founded really on a prejudice, although it a.s.sumes the dignity and proportions of an argument. The real question, sir, is, can we afford to be just--nay, if you please, generous--to a race whose shame has been washed out in the consuming fires of war, and which now stands erect and equal before the law with our own? Shall we give hope and encouragement to that race beginning, as it does now for the first time, its career of freedom, by erecting here in the capital of the republic a banner inscribed with the sacred legend of the elder days, 'All men are born free and equal?' or shall we unfurl in its stead that other banner, with a strange device, around which the dissolving remnants of the Democratic party in this hall are called upon to rally, inscribed with no great sentiment of justice or generosity, but bearing upon its folds the miserable appeal of the demagogue, 'This is a white man's Government?' When you inaugurate your newly-discovered political principle, do not forget to invite the colored troops; beat the a.s.sembly; call out the remnants of the one hundred and eighty thousand men who marched with steady step through the flames and carnage of war, and many of whom bear upon their bodies the honorable scars received in that unparalleled struggle and in your defense, and as you send your banner down the line, say to them, 'This is the reward of a generous country for the wounds you have received and the sufferings you have endured.'

"Shall we follow the great law to which I have referred--the law that liberty is progress--and conform our policy to the spirit of that great law? or shall we, governed by unreasonable and selfish prejudices, initiate a policy which will make this race our hereditary enemy, a mine beneath instead of a b.u.t.tress to the edifice which you are endeavoring to repair? Sir, I do not hesitate to say that, in my opinion, it were better to follow where conscience and justice point, leaving results to a higher Power, than to shrink from an issue which it is the clear intention of Providence we shall face, or to be driven from our true course by the chimeras which the excited imaginations of political partisans have conjured up, or by the misty ghosts of long-buried errors."

Mr. Van Horn, of New York, while willing to accept the bill as originally presented, preferred it as modified by Mr. Hale's amendments. In his speech he charged those who had opposed the bill as laboring in the interest of slavery.

"They seem to have forgotten," he said, "in their advocacy of slavery, that we have pa.s.sed through a fierce war, begun by slavery, waged against the Government by slavery, and solely in its interest to more thoroughly establish itself upon the Western Continent, and crush out the best interests of freedom and humanity; and that this war, guided on our part by the omnipotent arm of the Invisible, made bare in our behalf, has resulted in a most complete overthrow of this great wrong; and by the almost omnipotent voice of the republic, as now expressed in its fundamental law, it has no right to live, much less ent.i.tled to the right of burial, and should have no mourners in the land or going about the streets. Such speeches as those of the gentlemen from New Jersey, [Mr. Rogers,] and from Pennsylvania, [Mr. Boyer,] and my colleague and friend, [Mr. Chanler,] who represents, with myself, in part, the Empire State, carry us back to the days and scenes before the war, when slavery ruled supreme, not only throughout the land, by and through its hold upon power, which the people in an evil hour had given it, but here in these halls of legislation, where liberty and its high and n.o.ble ends ought to have been secured by just and equal laws, and the great and paramount object of our system of government carried out and fully developed. They seem to forget that liberty and good government have been on trial during these five years last past of war and blood, and that they have succeeded in the mighty struggle.

They forget that Providence, in a thousand ways, during this fierce conflict, has given us evidence of his favor, and led us out of the land of bondage into a purer and higher state of freedom, where slavery, as an inst.i.tution among us, is no more. Why do they labor so long and so ardently to resurrect again into life this foul and loathsome thing? Why can not they forget their former love and attachments in this direction, and no longer cling with such undying grasp to this dead carca.s.s, which, by its corruptions and rottenness, has well nigh heretofore poisoned them to the death? Why not awake to the new order of things, and accept the results which G.o.d has worked out in our recent struggle, and not raise the weak arm of flesh to render null and void what has thus been done, and thus attempt to turn back the flow of life which is overspreading all, and penetrating every part of the body politic with its n.o.ble purposes and exalted hopes?"

Thursday, January 18, was the last day of the discussion of this important measure in the House of Representatives. When the subject was in order, Mr. Clarke, of Kansas, "as the only Representative upon the floor of a State whose whole history had been a continual protest against political injustice and wrong," after having advocated the bill by arguments drawn from the history of the country and the record of the negro race, remarked as follows: "This cry of poverty and ignorance is not new. I remember that those who first followed the Son of man, the Savior of the world, were not the learned rabbis, not the enlightened scholar, not the rich man or the pious Pharisee. They were the poor and needy, the peasant and the fisherman. I remember, also, that the more learned the slaveholder, the greater the rebel. I remember that no black skin covered so false a heart or misdirected brain, that when the radiant banner of our nationality was near or before him, he did not understand its meaning, and remained loyal to its demands. The man capable of taking care of himself, of wife and children, and, in addition to his unrequited toil, to hold up his oppressor, must have intelligence enough, in the long run, to wield the highest means of protection we can give.

"But, sir, it is for our benefit, as well as for the benefit of the proscribed cla.s.s, that I vote for and support impartial manhood suffrage in this District. We can not afford, as a nation, to keep any cla.s.s ignorant or oppress the weak. We must establish here republican government. That which wrongs one man, in the end recoils on the many.

Sir, if we accept, as the Republican party of the Union, our true position and our duty, we shall n.o.bly win. If we are false and recreant, we shall miserably fail. Let us have faith in the people and the grand logic of a mighty revolution, and dare to do right. Cla.s.s legislation will be the inevitable result of cla.s.s power; and what would follow, so far as the colored race are concerned, let the recent tragedy of Jamaica answer.

[Ill.u.s.tration: Hon. Sidney Clarke.]

"The principles involved in the arguments put forth on the other side of the House are not alone destructive to the rights of the defenseless, intelligent, and patriotic colored men of this District, but they militate with a double effect and stronger purpose against the poor whites of the North and of the South, against the German, the Irishman, and the poor and oppressed of every race, who come to our sh.o.r.es to escape the oppression of despotic governments, and to seek the protection of a Government the true theory of which reposes in every citizen a portion of its sovereign power. Against this attempt to deny or abridge in any way the rights of the weak, the poor, and the defenseless, and to transfer the governing power of the nation to the favored cla.s.ses, to the rich and the powerful, and thus change the very purpose and principles of our republican system, I protest in the name of const.i.tutional freedom, and in behalf of equal rights and equal laws.

"I protest against this stealthy innovation upon popular rights, in the name of the toiling millions of the land; and I warn the House and the country of the untold mischief and disaster which must come to distract and divide the republic in the future, if we follow the pernicious and destructive doctrines founded upon either the prejudices of cla.s.s, caste, wealth, or power. I protest in the name of a const.i.tuency whose early history was a sublime and persistent struggle against the prejudices of pampered and arrogant ruffianism at home, and the worse than ruffian spirit of the Administrations of Pierce and Buchanan, and the Democratic traitors who at that time const.i.tuted a majority of this House, and were engaged in preparing the nation for its harvest of blood. We must go back to the spirit and purposes of the founders of our Government. We must accept the grand logic of the mighty revolution from which we are now emerging. We must repudiate, now and forever, these a.s.saults upon the ma.s.ses of the people and upon the fundamental principles of popular rights. I accept in their full force and effect the principles of the Declaration of Independence, and by const.i.tutional amendment and law of Congress I would stamp them with irrevocable power upon the political escutcheon of the new and regenerated republic. I would avoid the mistakes of the past, and I would spurn that cringing timidity by which, through all history, liberty has been sacrificed and humanity betrayed.

"Sir, I hesitate not to say that if we do not gather up, in the process of national reconstruction, the enduring safeguards of future peace, we shall be false to our history and unmindful of the grand responsibilities now devolving upon us. The establishment of impartial suffrage in this District will be a fitting commencement of the work.

It will be hailed by the friends of freedom every-where as a return to a policy of national justice too long delayed. In behalf of the State I have the honor to represent, and upon whose soil this contest for a larger liberty and a n.o.bler nationality was first submitted to the arbitrament of arms, I hail this measure with feelings of satisfaction and pride. It is the legitimate result of the courage and fidelity of the hardy pioneers of Kansas in 1856, who dared to face the blandishment of power and the arrogance and brutality of slavery when compromisers trembled, and Northern sycophants of an oligarchic despotism, then, as now, scowled and fretted at the progress of free principles."

Mr. Johnson, of Pennsylvania, after having adduced a variety of arguments against the bill, finally said: "Sir, we hear a tremendous outcry in this House in favor of popular government and about the guarantee of the Const.i.tution of the United States to the several States that they shall have republican governments. How are the poor people of this District to have a republican form of government if gentlemen who have come to this city, perhaps for the first time in their lives, undertake to control them as absolutely and arbitrarily as Louis Napoleon controls France or Maximilian Mexico? Gentlemen ask, What right have they to hold an election and express their sentiments?

What right have they to hold such an election? Surely they ought to have the right to pet.i.tion, for their rulers are generally arbitrary enough.

"Mr. Speaker, it seems to me ridiculously inconsistent for gentlemen upon this floor to prate so much about a republican form of government, and rise here and offer resolution after resolution about the Monroe doctrine and the downtrodden Mexicans, while they force upon the people of this District a government not of their own choice, because the voter in a popular government is a governor himself. But, sir, this is only part of a grand plan. Gentlemen who dare not go before their white const.i.tuents and urge that a negro shall have a vote in their own States, come here and undertake to thrust negro suffrage upon the people here. Gentlemen whose States have repudiated the idea of giving the elective franchise to negroes, come here and are willing to give the suffrage to negroes here, as if they intended to make this little District of Columbia a sort of negro Eden; as if they intended to say to the negroes of Virginia and Maryland and Delaware, 'You have no right to vote in these States, but if you will go to Was.h.i.+ngton you can vote there.' I imagine I can see them swarming up from different sections of the country to this city and inquiring where the polls are. Agents, men and women, such as there are at work in this city, will no doubt be at work in these States, telling them to pack their knapsacks and march to Was.h.i.+ngton, for on such a day there is to be an election, and there they will have the glorious privilege of the white man. Sir, all this doctrine is destructive of the American system of government, which recognizes the right of no man to partic.i.p.ate in it unless he is a citizen, which secures to the citizen his voice in the control and management of the Government, and prevents those not citizens from standing in the way of the exercise of his just rights.

"This Government does not belong to any race so that it can be divested or disposed of. The present age have no right to terminate it. It is ours to enjoy and administer, and to transmit to posterity unimpaired as we received it from the fathers."

Mr. Boutwell, of Ma.s.sachusetts, then addressed the House: "When we emanc.i.p.ated the black people, we not only relieved ourselves from the inst.i.tution of slavery, we not only conferred upon them freedom, but we did more, we recognized their manhood, which, by the old Const.i.tution and the general policy and usage of the country, had been, from the organization of the Government until the Emanc.i.p.ation Proclamation, denied to all of the enslaved colored people. As a consequence of the recognition of their manhood, certain results follow in accordance with the principles of this Government, and they who believe in this Government are, by necessity, forced to accept those results as a consequence of the policy of emanc.i.p.ation which they have inaugurated and for which they are responsible.

"But to say now, having given freedom to them, that they shall not enjoy the essential rights and privileges of men, is to abandon the principle of the proclamation of emanc.i.p.ation, and tacitly to admit that the whole emanc.i.p.ation policy is erroneous.

"It has been suggested that it is premature to demand immediate action upon the question of negro suffrage in the District of Columbia. I am not personally responsible for the presence of the bill at the present time, but I am responsible for the observation that there never has been a day during a session of Congress since the Emanc.i.p.ation Proclamation, ay, since the negroes of this District were emanc.i.p.ated, when it was not the duty of the Government, which, by the Const.i.tution, is intrusted with exclusive jurisdiction in this District, to confer upon the men of this District, without distinction of race or color, the rights and privileges of men. And, therefore, there can be nothing premature in this measure, and I can not see how any one who supports the Emanc.i.p.ation Proclamation, which is a recognition of the manhood of the whole colored people of this country, can hesitate as to his duty; and while I make no suggestion as to the duty of other men, I have a clear perception of my own. And, first, we are bound to treat the colored people of this District, in regard to the matter of voting, precisely as we treat white people.

And I do not hesitate to express the opinion that if the question here to-day were whether any qualification should be imposed upon white voters in this District, if they alone were concerned, this House would not, ay, not ten men upon this floor would, consider whether any qualifications should be imposed or not.

"Reading and writing, or reading, as a qualification, is demanded, and an appeal is made to the example of Ma.s.sachusetts. I wish gentlemen who now appeal to Ma.s.sachusetts would often appeal to her in other matters where I can more conscientiously approve her policy. But it is a different proposition in Ma.s.sachusetts as a practical measure. When, ten years ago, this qualification was imposed upon the people of Ma.s.sachusetts, it excluded no person who was then a voter. For two centuries we have had in Ma.s.sachusetts a system of public instruction open to the children of the whole people without money and without price. Therefore all the people there had had opportunities for education. Now, why should the example of such a state be quoted to justify refusing suffrage to men who have been denied the privilege of education, and whom it has been a crime to teach? Is there no difference?

"We are to answer for our treatment of the colored people of this country, and it will prove in the end impracticable to secure to men of color civil rights unless the persons who claim those rights are fortified by the political right of voting. With the right of voting, every thing that a man ought to have or enjoy of civil rights comes to him. Without the right to vote, he is secure in nothing. I can not consent, after all the guards and safeguards which may be prepared for the defense of the colored men in the enjoyment of their rights--I can not consent that they shall be deprived of the right to protect themselves. One hundred and eighty-six thousand of them have been in the army of the United States. They have stood in the place of our sons and brothers and friends. They have fallen in defense of the country. They have earned the right to share in the Government; and if you deny them the elective franchise, I know not how they are to be protected. Otherwise you furnish the protection which is given to the lamb when he is commended to the wolf.

"There is an ancient history that a sparrow pursued by a hawk took refuge in the chief a.s.sembly of Athens, in the bosom of a member of that ill.u.s.trious body, and that the senator in anger hurled it violently from him. It fell to the ground dead, and such was the horror and indignation of that ancient but not Christianized body--men living in the light of nature, of reason--that they immediately expelled the brutal Areopagite from his seat, and from the a.s.sociation of humane legislators.

"What will be said of us, not by Christian, but by heathen nations even, if, after accepting the blood and sacrifices of these men, we hurl them from us and allow them to be the victims of those who have tyrannized over them for centuries? I know of no crime that exceeds this; I know of none that is its parallel; and if this country is true to itself, it will rise in the majesty of its strength and maintain a policy, here and every-where, by which the rights of the colored people shall be secured through their own power--in peace, the ballot; in war, the bayonet.

"It is a maxim of another language, which we may well apply to ourselves, that where the voting register ends the military roster of rebellion begins; and if you leave these four million people to the care and custody of the men who have inaugurated and carried on this rebellion, then you treasure up for untold years the elements of social and civil war, which must not only desolate and paralyze the South, but shake this Government to its very foundation."

Soon after the close of Mr. Boutwell's speech, Mr. Darling's motion to postpone and Mr. Hale's motion to amend having been rejected, a vote was taken on the bill as reported by the committee. The bill pa.s.sed by a vote of one hundred and sixteen in the affirmative--fifty-four voting in the negative.

The friends of the measure having received evidence that it would not meet with Executive approval, and not supposing that a vote of two-thirds could be secured for its pa.s.sage over the President's veto, determined not to urge it immediately through the Senate.

There was great reluctance on the part of many Senators and members of the House to come to an open rupture with the President. They desired to defer the day of final and irreconcilable difference between Congress and the Executive. If the subject of negro suffrage in the District of Columbia was kept in abeyance for a time, it was hoped that the President's approval might meanwhile be secured to certain great measures for protecting the helpless and maintaining the civil rights of citizens. To accomplish these important ends, the suffrage bill was deferred many months. The will of the majority in Congress relating to this subject did not become a law until after the opening of the second session of the Thirty-ninth Congress.

CHAPTER V.

THE FREEDMEN.

Necessities of the Freedmen -- Committee in the House -- Early movement by the Senate in behalf of Freedmen -- Senator Wilson's Bill -- Occasion for it -- Mr. Cowan moves its reference -- Mr. Reverdy Johnson advises deliberation -- A question of time with Mr. Sherman -- Mr. Trumbull promises a more efficient bill -- Mr. Sumner presents proof of the bad condition of affairs in the South -- Mr. Cowan and Mr.

Stewart produce the President as a witness for the defense -- Mr. Wilson on the testimony -- "Conservatism" -- The bill absorbed in greater measures.

The necessities of three millions and a half of persons made free as a result of the rebellion demanded early and efficient legislation at the hands of the Thirty-ninth Congress. In vain did the Proclamation of Emanc.i.p.ation break their shackles, and the const.i.tutional amendment declare them free, if Congress should not "enforce" these important acts by "appropriate legislation."

The House of Representatives signified its view of the importance of this subject by const.i.tuting an able Committee "on Freedmen," with Thomas D. Eliot, of Ma.s.sachusetts, as its chairman. The Senate, however, was first to take decided steps toward the protection and relief of freedmen. We have seen that on the first day of the session Senator Wilson, of Ma.s.sachusetts, introduced a bill "to maintain the freedom of the inhabitants in the States declared in insurrection and rebellion by the proclamation of the President of the 1st of July, 1862," of which the following is a copy:

_Be it enacted, etc._, That all laws, statutes, acts, ordinances, rules and regulations, of any description whatsoever, heretofore in force or held valid in any of the States which were declared to be in insurrection and rebellion by the proclamation of the President of the 1st of July, 1862, whereby or wherein any inequality of civil rights and immunities among the inhabitants of said States is recognized, authorized, established, or maintained, by reason or in consequence of any distinctions or differences of color, race, or descent, or by reason or in consequence of a previous condition or status of slavery or involuntary servitude of such inhabitants, be, and are hereby, declared null and void; and it shall be unlawful to inst.i.tute, make, ordain, or establish, in any of the aforesaid States declared to be in insurrection and rebellion, any such law, statute, act, ordinance, rule, or regulation, or to enforce, or to attempt to enforce, the same.

SEC. 2. _And be it further enacted_, That any person who shall violate either of the provisions of this act shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $500 nor exceeding $10,000, and by imprisonment not less than six months nor exceeding five years; and it shall be the duty of the President to enforce the provisions of this act.