The Secretary read the amendment, namely:--

“Insert at the end of the second section the following

proviso:--

“_Provided_, That this Act shall not take effect except

upon the fundamental condition that within the State there

shall be no denial of the electoral franchise, or of any

other rights, on account of race or color, but all persons

shall be equal before the law. And the people of the

Territory shall, by a majority of the voters, at public

meetings to be convened by the Governor of the Territory,

declare their assent to this fundamental condition; and

the Governor shall transmit to the President of the United

States an authentic statement of such assent, whenever

the same shall be given, upon receipt whereof he shall by

proclamation announce the fact; whereupon, without any

other proceedings on the part of Congress, this Act shall

take effect.”

This amendment was similar to that offered by Mr. Sumner on the

Louisiana Bill,[273] and was modelled on what is known as the

Missouri precedent, which he proceeded to explain, and then

said:--

Possibly a question may arise as to the effect of such a fundamental

condition. I do not think there can be any question. I do not doubt

that such a fundamental condition, especially if sanctioned by the

popular vote according to the terms of the proviso, will be absolutely

obligatory on the State. I believe that you may apply to it the

language of Mr. Webster’s great speech in reply to Mr. Hayne, where,

describing and vindicating the Ordinance for the government of the

Northwest Territory, he used this very striking, and, to my mind,

exquisitely beautiful language, as simple as it is expressive:--

“It laid the interdict against personal servitude in original

compact, not only deeper than all local law, but deeper also

than all local constitutions.”[274]

Now, Sir, I call upon the Senate to do for this far Western Territory

the same in kind as was done by our fathers for the whole vast

Northwest Territory,--to lay an interdict against all inequality of

rights in original compact, not only deeper than all local law, but

deeper than all local constitutions. Let that be done, and one of the

objections to the admission of Colorado will be removed.

Mr. Stewart, of Nevada, followed Mr. Sumner.

March 13th, the debate was resumed, when Mr. Pomeroy, of

Kansas, Mr. Lane, of Kansas, Mr. McDougall, of California,

Mr. Trumbull, of Illinois, Mr. Cragin, of New Hampshire, Mr.

Ramsey, of Minnesota, and Mr. Williams, of Oregon, spoke for

the admission; Mr. Saulsbury, of Delaware, Mr. Grimes, of Iowa,

Mr. Hendricks, of Indiana, Mr. Wade, of Ohio, Mr. Doolittle, of

Wisconsin, and Mr. Conness, of California, spoke against the

admission. The chief topics were the Enabling Act and the want

of population. In the course of the debate, Mr. Sumner insisted

that the population had diminished, and then said:--

But, unhappily, this is not the only way in which this community has

fallen,--fallen in population, as my friend says,--fallen, as I shall

proceed to show positively, in another respect, far more important than

population.

He then showed[275] that the Legislative Assembly of the

Territory, at its first session under the organic act, by an

act approved November 6, 1861, had provided “that _every male

person_” with qualification of residence should be deemed

a qualified voter; but that was amended by another act,

approved March 11, 1864, by inserting the words “not being a

negro or mulatto,” which reappeared in the limitation of the

constitution before the Senate. He then said:--

Between the introduction of the Enabling Act and the date of its

approval, the legislative body of this distant Territory undertook to

make this fundamental change in its electoral law; and then I say that

people fell more than in the fall of their population. Their population

has diminished; but they, unhappily, have deteriorated in political

character, and have not now the same noble elements of political life

by which they were once commended.

Sir, I might say more on the question, whether any power can be

derived under this Enabling Act. I think, however, that has been

enough discussed. All must see, that, whatever its original character,

whatever powers may have proceeded from it, they have all been

exhausted, and the act has practically expired; it is _functus

officio_,--it is a dead act; and this Territory is no more authorized

to proceed under it than any other Territory is authorized to proceed

under it. It is not in any respect applicable. It has ceased to have

any legislative potentiality. Therefore, Sir, whatever this people

have undertaken to do they have done without any Enabling Act;

they are a voluntary body, proceeding by voluntary action, without

previous sanction of Congress, and all that they do is submitted to

the judgment of Congress, which is in no respect bound or compromised

in the least by any previous proceeding. We approach the question now

precisely as if there had been no Enabling Act,--as if the name of

Colorado (a pleasant name I trust it may be hereafter in these Halls)

had never before found echo here. The whole question is absolutely

new from beginning to end; and we must approach it under all the

responsibilities of our position, looking at it on the evidence,

according to the facts, in order to determine whether now, at this

moment, under these circumstances, we shall be justified in ceding to

this community all these great powers.

There was one argument of the Senator from Kansas [Mr. LANE] which was

an appeal to us personally,--to my excellent friend from Ohio, to my

excellent colleague, and to other Senators who had been here in other

days, when Kansas was in danger, and in that

“well-foughten field

We kept together in our chivalry.”

Sir, it is the pride of my life that at that time I was able to do

something for the State which the Senator represents on this floor. I

did it sincerely, honestly believing it my duty at the time, because I

saw well the peril of dependent condition, and that it could be saved

only by the interference of Congress, the swiftest intervention, which

would not brook delay. Therefore, Sir, for the sake of peace, and as I

would succor a fellow-man in agony, I exerted myself in every way to

invest Kansas with all the privileges and self-protecting powers of a

State. The case was peculiar and exceptional; it was also historic. It

cannot be cited as a precedent now. As well cite what you do to save a

drowning man just sinking for the last time, as a proper precedent for

conduct in daily life. The case of Colorado is to be met on the facts;

it is not an exceptional case; it is a simple case. Meet it, therefore,

on the facts and on its simplicity.

At the suggestion of others, and in order to reach an immediate

vote on the bill, Mr. Sumner withdrew his amendment.

On the question of its engrossment for a third reading, the

bill was rejected,--Yeas 14, Nays 21.

* * * * *

March 14th, Mr. Wilson, of Massachusetts, who had voted with

the majority, moved that the Senate reconsider the vote

rejecting the bill, thus keeping the question open for further

debate.

* * * * *

April 17th, the motion to reconsider was taken up during

the morning hour, when Mr. Sumner declared his continued

opposition to the proposed State, and his sense of the mistake

the Senate would make in reconsidering the late vote. In the

course of these remarks, he said:--

I hope, therefore, that the Senate will not proceed to reconsider

the vote which, to their honor, they have already recorded. They

did well, when, after two days’ debate, by a large vote, they

deliberately refused to receive this Territory into the Union. Has

anything occurred since to cause a reversal of opinion? Is there any

new evidence? Are there new facts? Is there anything which can change

your responsibilities, or make you see your duty in a different light?

Has that constitution been amended? Has the word “white” been struck

out? Why, Sir, at this moment the most important practical question

before the country is, whether we shall allow the word “white” in the

constitutions of the late Rebel States. Sir, with what just weight can

you insist that this word shall be excluded from those constitutions,

when you deliberately receive into the Union a new State openly

announcing this rule of exclusion? I say, therefore, for the sake of my

country, for the sake of public tranquillity, and in loyalty to those

fundamental principles on which so much depends, and which, whether as

Senator or citizen, I can never forget, I appeal to you, Sir, and to

my associates on this floor, not to allow this question to be revived.

Let Colorado wait at least until she recognizes the Declaration of

Independence.

The morning hour expired as Mr. Sumner finished, and the

question was dropped.

* * * * *

April 19th, Mr. Wilson moved that the Senate proceed with the

motion to reconsider. Mr. Sumner then said:--

MR. PRESIDENT, I hope the Senate will not proceed with that question

to-day, and I assign two reasons. The first is, that, looking about

the Senate, I see many absent who ought to be here. The second is,

that this day, here in the national capital, is dedicated to the cause

of human freedom and human rights,--the great cause of Emancipation.

The streets to-day are filled with a happy people, emancipated by Act

of Congress, and now celebrating the anniversary of their rights. It

is, Sir, no proper day to recognize human inequality by receiving into

the Union a community which chooses to appear here with a constitution

setting at defiance the fundamental principles of the Declaration

of Independence. Sir, this is no day for the consideration of that

question. I insist that this day shall be kept sacred to human

rights,--not be given up to their overthrow.

I may be told, Sir, that there are but ninety colored persons in

this distant Territory,--only ninety to be sacrificed. If there were

but one, that would be enough to justify my opposition. Out of those

ninety, more than seventy-five have borne arms for you in the late

war; and yet these people are now positively disfranchised in the

constitution it is proposed to recognize. Sir, if you choose to do it,

if you do not hesitate to insult the public sentiment of the age by

such an act, do not do it to-day.

Mr. Wilson followed. He said, that, on the 3d day of March,

1863, his colleague voted that the people of Colorado should

be authorized to frame a constitution; that he did not then

propose that she should not make the offensive discrimination;

that he never suggested it; that he did not dream of it; that

he did not think it fair play to refuse the application of this

Territory on account of a distinction they have made, when we

imposed no conditions on them, and did not even suggest any.

Mr. Lane, of Indiana, said: “I believe that there is no

instance in the whole history of the admission of new States

where that word ‘white’ has not been the prefix to the

qualification for holding office and voting.”

MR. SUMNER. Is it not time to begin?

MR. LANE. It is perhaps time to begin; but we should have

begun when we passed the Enabling Act, and the vigilance of

the Senator from Massachusetts should not have slumbered on

that occasion.

MR. SUMNER. It did not, as I shall show you presently.

Mr. Trumbull also insisted that in good faith Congress was

committed to the people of Colorado by the Enabling Act. In the

course of reply, Mr. Sumner said:--

…

What I did say, however, was this: that on that occasion the suggestion

was made, which my excellent colleague made to-day, that I was guilty

of inconsistency; and I said that then and there I answered that

argument. My colleague, not being here, did not hear the answer, and

therefore to-day, without knowing the facts, he has revived the charge.

…

I showed you, that, when the Enabling Act was pending in the Senate,

all persons, without distinction of color, were authorized to vote.

That was my answer before; it is my answer now. Therefore, Sir,

do I say that I did not vote with any idea that there could be a

discrimination founded on color; on the contrary, I voted with the

positive conviction that all possibility of such discrimination was

excluded,--and, still further, knowing that this Act contained words in

themselves an antidote to any such wrong:--

“The constitution, when formed, shall be republican, and not

repugnant to the Constitution of the United States and the

principles of the Declaration of Independence.”

Now, Sir, I insist that the constitution presented to us is not

republican; and I further insist that it is inconsistent with the

Declaration of Independence. My excellent colleague will certainly

not maintain the contrary. He will not say that a constitution which

undertakes to exclude persons from equal rights on account of color

is consistent with the fundamental principles of the Declaration of

Independence; and that, Sir, is the very requirement of the Enabling

Act.

…

I think it ought not to be proceeded with at all. I think the cause

of human rights suffers every moment you give to this question. But I

began this morning by simply opposing the consideration of it to-day.

If you choose to make a sacrifice of human rights, do it on some other

day than this.

After interchange of opinion, the question was postponed till

the next Tuesday, the 24th instant, when it was made the

special order.

* * * * *

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