RESOLUTIONS IN THE SENATE, DECLARING THE DUTY OF CONGRESS, DECEMBER 4,
1865.
Resolutions declaring the duty of Congress, especially towards
loyal citizens in the Rebel States.
Whereas it is provided by the Constitution that “the United States
shall guaranty to every State in this Union a republican form of
government”;
And whereas there are certain States where, by reason of rebellion, no
State governments are recognized by Congress;
And whereas, because of the failure of such States respectively to
maintain State governments, it has become the duty of Congress,
standing in the place of guarantor, where the principal has made a
lapse, to provide governments republican in form for such States
respectively: Now, therefore, in order to declare the duty of
Congress,--
1. _Resolved_, That, whenever a convention is called in any such State
for the organization of a government, the following persons have a
right to be represented therein, namely: the citizens of the State
who have taken no part in the Rebellion, especially all those whose
exclusion from the ballot enabled others to carry the State into the
Rebellion, and still more especially those who became soldiers in the
armies of the Union, and by valor on the battle-field helped turn the
tide of war, making the Union triumphant; and Congress must refuse
to sanction the proceedings of any convention composed of delegates
chosen by men recently in arms against the Union, and excluding men who
perilled life in its defence, unless its proceedings have been first
approved by those entitled to participate therein, as hereby declared.
2. _Resolved_, That the Constitution of the United States, being
supreme over State laws and State constitutions on those matters upon
which it speaks, and the duty being now imposed by it on Congress to
legislate for the establishment of government in the States where
government is overthrown, it is hereby declared that no supposed
State law or State constitution can be set up as an impediment to the
national power in the discharge of its duty.
3. _Resolved_, That, since also it has become the duty of Congress
to determine what is a republican form of government, it is hereby
declared that no government of a State recently in rebellion can be
accepted as republican, where large masses of citizens always loyal
to the United States are excluded from the elective franchise, and
especially where wounded soldiers of the Union, with kindred and race,
and also the kindred of others whose bones whiten battle-fields on
which they died for country, are thrust from the polls to make place
for the men by whose hands came wounds and death; more particularly
where, as in some of those States, the result would be to disfranchise
the majority of citizens always loyal, and give to the oligarchical
minority recently engaged in rebellion power to oppress the loyal
majority, even to the extent of driving them from home, and depriving
them of all opportunity of livelihood.
4. _Resolved_, That, where, by reason of rebellion, there is a lapse
in the State government, and it becomes the duty of Congress to
provide a government, none can be accepted as “a republican form of
government,” where numerous native-born citizens, charged with no
crime and no failure of duty, and compelled to pay taxes, are left
wholly unrepresented; and especially where a particular race is singled
out and denied representation, although compelled to pay taxes; more
especially where such race constitutes the majority of the citizens,
and the enfranchised minority has for the time forfeited its rights
by rebellion; and more especially still, where by such exclusion the
oligarchical enemies of the Republic can practically compel it to
break faith with national soldiers and national creditors, to whose
generosity it was indebted during a period of peril.
These resolutions were read and ordered to be printed. They
were also entered at length on the Journal of the Senate.