April 24th, the debate was renewed, when Mr. Sumner said:--

MR. PRESIDENT, on the 13th of March last, after a debate of two days,

the Senate rejected a bill for the admission of Colorado as a State

into the Union. This was by a vote of 21 nays to 14 yeas, being a

majority of 7. And now, after an interval of more than a month, a

motion is brought forward to reconsider that vote. An attempt is made

to revive a question which at that time seemed buried. Of course, those

who press this motion have a right to do so, if they are satisfied in

their minds that it ought to be pressed. I do not complain of them.

But I meet the attempt on the threshold. I do not content myself with

waiting to another stage and entering into the discussion after we have

allowed the reconsideration. I oppose the reconsideration. I insist

that this subject, once closed by such a majority, and on such good

grounds, shall not again be opened here.

Sir, the proposition is nothing less than the admission of a State into

this Union. I need not remind you that in other days no such attempt

could be made in this Chamber without exciting great and wide-spread

interest. Some of the most remarkable debates in the Senate have been

on such occasions. The proposition has two aspects: first, as it

concerns the people in the Territory itself, who, I submit, are not

prepared to assume the responsibilities of a State government; and,

secondly, as it concerns the other States in the Union, who, I submit

also, ought not to be obliged at this moment to receive this community

into full equality as a State.

Formerly I felt it my duty to remind you of the position, the

responsibilities, the powers, and the prerogatives of a State in

this Union. I held up before you what you would convey to this small

community, if you invested it with the character of a State. I showed

you that you would impart to it a full equality in this Chamber with

the largest States in the Union,--with New York, with Pennsylvania,

with Ohio, with Massachusetts,--and that, in the exercise of this

constitutional equality, Senators from this small community, on all

questions of legislation, of diplomacy, and of appointments, might

counterbalance the Senators of one of these large States. Assuming

that this small community was already a State in the Union, I had no

criticism to make on that equality of power; but I did present to you

as an unanswerable argument, that a community so small in the proper

attributes of a State should not be admitted to the enjoyment of that

high equality.

Permit me to say, Sir, that you cannot adequately consider this

case without giving some attention to the present condition of the

country. We are, happily, at the close of a long, bloody, and most

expensive war, throughout which there was one question dominating

all others: it was the question of justice to the colored race. And

now, Sir, that the war is closed, and our soldiers are no longer in

the tented field, that same question enters perpetually into your

debates, challenging decision; it is before you at every stage of

legislation. With this question staring you in the face, what do we

behold? A small community in a remote part of the country, petty in

population,--even according to the statements of its friends not

amounting in numbers to more than twenty-five or thirty thousand

people, according to the statements of others even as few in numbers

as ten or fifteen thousand,--with agricultural products already

diminishing, with mining resources that during the last two or three

years have been constantly failing, with accounts at the Post-Office

which during the past year have been reduced,--we have this small

community coming forward and asking admission to equality as a State in

the Union, with a constitution that tramples on human rights. This new

candidate, pressing for recognition, holds up a constitution excluding

all persons from the electoral franchise who are not white; and the

question before you is, whether this small body, so slender in every

respect, of such inferior condition, and with a declaration of human

inequality in its constitution, shall be admitted to the equality of

States in this Union. You are not obliged to admit it. Your discretion

is ample. The language of the Constitution is plain: “New States _may_

be admitted into this Union,”--not must, but “may.” You may admit,

or you may reject. Therefore, when called to act, you must exercise

your discretion. You cannot decline to exercise it. You must bring

your judgment to bear upon the case; you must consider well all the

facts and all the elements which enter into the civilization of this

candidate community; you must consider, of course, its population, its

resources, and also the character of its constitution. In doing so,

you can have no feeling except of kindness and sympathy for the people

there. God knows that I wish them well from the bottom of my heart;

there is no aspiration which I do not offer for their welfare; but on

this occasion we must consider the requirements of duty. And here the

way is clear.

With these few words of introduction, I arrive at this proposition:

that such a community as now exists in Colorado, deficient in

population, declining already in agriculture, failing also in mineral

resources, and with a constitution which sets at defiance the first

principle of human rights, should not at this moment be recognized as a

State of the Union. Mark me, if you please,--I say at this moment, and

under these circumstances; for, whatever might be done at another time

and under other circumstances, I insist that this thing is impossible

now, when by every obligation we are solemnly bound to maintain the

rights of the colored race. Oh, no! we cannot give the hand to such a

community, so inferior in population and resources, with a constitution

audaciously denying those rights.

Thus much, Sir, I have to say by way of introduction; all this simply

opens in one word the magnitude of the question, and the general

principles which govern it; but before I sit down it will be my duty

to consider with some minuteness the actual condition and prospects of

this Territory.

…

Sir, consider, that, when this Territorial Act was passed, in March,

1864, the country was still struggling in that terrible war involving

the great question of justice to the colored race. At that moment,

this secluded people, already aspiring to be a State, undertook to

put their feet upon the colored population beginning to gather under

their jurisdiction. We are told they are few in number,--perhaps a

hundred; yet out of that hundred are some seventy who promptly went

forth as soldiers to do battle for your flag, but, returning to

their homes, they found the franchise they had enjoyed taken from

them,--that they who had perilled life to save the Republic and to

aid in establishing the rights of all, when once more at their own

firesides, were despoiled of their own. Sir, am I wrong, when I say

that here was retrogression in republican principles,--that here was

departure from those fundamental truths essential to our Government? It

was, I say, departure and retrogression,--because this community had

begun right. It began by recognizing these truths; but, as if blasted

by some evil genius, the same failure that attended it in population,

in agriculture, in mining, and in other respects, descended upon its

moral sense.

I do not use too strong language. I say it was a fall, when this

community, which had solemnly enacted justice, after the lapse of three

years reversed its own decree, and solemnly enacted injustice. There it

stands on the statute-book. You must recognize it. You cannot avoid it.

You cannot be insensible to such a thing. It is a fact in the history

of this Territory. No other Territory in our national history has ever

been thus guilty. No other Territory which has risen to the height of

justice has ever descended again so low. No other Territory which has

recognized the rights of man has afterward undertaken to overthrow them.

The Governor of the Territory, in the message which I hold in my hand,

speaking of this question, says, in language which does him honor:

“It seems incredible, and, were it not for the record, it would be

incredible, that such a measure could have been adopted at such a time.”

The Governor, in the same message, shows that these same colored men,

while despoiled of the elective franchise, are nevertheless compelled

by taxation to support the public schools, from which their children

are excluded. Some of the more prosperous, in order to secure education

for their children, have sent them to distant parts of the country, to

repair the wrong done by this churlish and unjust community. All this

is set forth by the Governor in his formal message. He then adds:--

“I do not propose in this connection to discuss the question of

equality of race, about which so many words and so much labor

have been wasted; but I submit without argument the fact that

the colored people in Denver and various parts of the Territory

are taxed to pay for educating white children, while their own

children are excluded from the public schools; and your action

will determine how long the humiliating spectacle shall be

presented to the world.”[276]

Could anything be more flagrant? Yet this community now appeals for

your favor and countenance and welcome as a State!

I have quoted from the message of the Governor. I cite another

authority, being a telegraphic despatch from a colored citizen of

Colorado, which has travelled over the wires a very long distance.

“DENVER CITY, COLORADO,

January 15, 1866.

“The law adopted by the Territorial Legislature in 1861 allowed

all persons over twenty-one to vote, without distinction of

color. The law passed in 1864, signed by Governor Evans,

deprived colored citizens of the right, at the very time when

appealing to them to help save the country. The admission

of Colorado under her present constitution makes that law

permanent. If not admitted now, this can be corrected.

“WILLIAM J. HARDING,

_A colored citizen_.”

* * * * *

After adducing additional evidence, Mr. Sumner proceeded to

consider the obligations upon Congress from the Enabling Act,

and here he said:--

If I understand the argument, it is, that Congress, by a statute,

pledged itself in advance to admit this community as a State into the

Union; that we are bound by such statute, so that we cannot escape the

obligation; that, in short, we are tied up by our own statute. This is

a strong assumption; but I believe it is an accurate statement of the

position of the other side.

Now, Sir, I think I can easily show that here is a great mistake. I

may remind you that the President, to whom the question was naturally

submitted, has expressly stated in a message to the Senate that in

his opinion the new constitution was not formed in pursuance of the

Enabling Act.

…

I have said that the Enabling Act had expired. These parties can claim

nothing under it. It is like an obsolete statute, which we read in the

statute-book, but never adduce for authority. It stands as a monument,

showing what Congress required, and showing also what this community

failed to perform. In adducing it, you bring authority against the

present pretension; for you show clearly that the pretension had no

foundation in the statute.

But, Sir, even assuming that the Enabling Act was in a condition to

be employed for the organization of this Territory,--which I claim it

was not,--then it is my duty to go further, and show you that these

parties, as the colored telegraphic correspondent from Denver alleges,

did not in any respect comply with the Enabling Act.[277] Why, Sir? By

the Enabling Act the Convention was to be called by the Governor. But

it was called by the executive committees of political parties, being

so many caucuses. Such was the origin of the convention to give you a

new State. What authority for that do you find in the Enabling Act? Be

good enough to point out a single word to justify any such transaction.

And yet we are gravely told that this strange political hocus-pocus

was by virtue of the Enabling Act,--as if in every respect it was not

plainly inconsistent with the Act.

But the Enabling Act declares that “the constitution, when formed,

shall be republican.” This is a fundamental condition. And here I

repeat what I have so often said, but which at this hour cannot be too

often sounded in the ears of the Senate. I affirm with confidence,

that a constitution which denies the first principle of human rights

cannot be republican in form. Do you answer, that there are States

having such constitutions? Then I reply: We are not called to sit in

judgment on those constitutions; we have no power to revise them; we

are not to vote upon them; but we are called to sit in judgment upon

this constitution, to revise it, and to vote upon it. You are now to

declare by your votes whether this constitution which tramples upon the

principle of human equality is republican in form. I insist that it is

not.

Still further, this Enabling Act declares that “the constitution shall

not be repugnant to the principles of the Declaration of Independence.”

Need I ask you, What is the first principle of the Declaration of

Independence? Is it not, in solemn words, that “all men are created

equal,” and that all just government stands on “the consent of the

governed”? Does any one deny that these are the words? You know them by

heart; your children learn them in their earliest infancy; and whatever

is done in the Territory is to be brought to this great ordinance,

as to a touchstone. Such is the requirement of the Enabling Act.

Therefore, even if you argue that the Enabling Act is authority for

this proceeding, then do I reply, that this community has not in any

respect brought itself within its terms. It has not complied with its

requirements of principle or of proceeding. The proceedings were not

according to the Enabling Act; the principles are in defiance of the

Enabling Act. Tried by either standard, the whole effort must miserably

fail.

Mr. Sumner was here interrupted by Mr. Trumbull, who, quoting

from the Territorial election law of 1861 a provision requiring

voters to be citizens, remarked, that, while he would not be

understood as saying that in his opinion a colored person is

not a citizen, such was the understanding in Colorado. Mr.

Sumner replied:--

The Governor of the Territory, whose message I hold in my hand, does

not put upon the statute the interpretation the Senator does.[278] I

have great respect for the opinion of my friend, as he knows; but on

this matter I submit, that the Governor of the Territory, on the spot,

in a formal communication to the Legislature, is a better authority

even than my honorable friend.

MR. TRUMBULL. Better than the statute?

MR. SUMNER. I am coming to that. The statute enumerates first in the

class of voters citizens of the United States; and my honorable friend

himself is obliged to confess that in his opinion colored persons are

citizens of the United States. He does not doubt it. If he did, it

would be my duty to remind him of an opinion by the Attorney-General

of the United States, in 1862, more than a year prior to the Enabling

Act, declaring colored persons citizens of the United States.[279]

I refer to this opinion with something more than respect: I refer to

it with reverence. I do think, humbly speaking, that this opinion was

one of the most remarkable and one of the grandest acts in the history

of the late Administration. I do not doubt that hereafter, when the

annals of these times are written, the historian will dwell with honest

pride upon that admirable document, where one man reversed the whole

policy of the Nation, fixing the law of this country forever,--that

all colored persons are citizens of the United States. And that was

the law of Colorado. The Senator from Illinois does not doubt it.

Therefore, when the Territorial Legislature added the words “citizens

of the United States,” it did not alter the case by a hair’s breadth:

all persons could vote, without distinction of color. The Senator is

informed that no colored persons did vote. I have been informed the

contrary. But I insist, that, beyond all question, by the Territorial

statute colored persons were entitled to vote.

…

Mr. President, such are the facts against the admission of Colorado as

a State into this Union. I do not see how you can admit it, without, in

the first place, injustice to its own population, at this moment unable

to bear the burdens of a State government; secondly, without injustice

to the other States, which ought not to find themselves “paired” in

this Chamber by two Senators from this small community; and, in the

third place, without sacrificing a principle which at this moment is of

incalculable importance to the peace of the country. In other times we

have heard the cry, _No more Slave States!_ There is kindred cry which

must be ours,--_No more States with inequality of rights!_ Against all

this I catch a whisper, not an argument. It is breathed that we need

two more votes on this floor. Sir, there is something that you need

more than two more votes. It is constancy in the support of that great

principle so essential to the harmony of the Republic. Better far than

any number of votes will be loyalty to this commanding cause. Tell me

not that it is expedient to create two more votes in this Chamber.

Nothing can be expedient that is not right. If I were now about to

pronounce the last words that I could ever utter in this Chamber, I

would say to you, Senators, do not forget that right is always the

highest expediency. You can never sacrifice the right without suffering

for it.

April 25th, the question was taken on Mr. Wilson’s motion to

reconsider, and was carried,--Yeas 19, Nays 13. The bill was

again before the Senate.

Mr. Sumner then moved his proviso, that the Act should not

take effect except upon the fundamental condition that within

the State there should be no denial of the elective franchise

or of any other rights on account of color or race, which was

lost,--Yeas 7, Nays 27.

The bill was then passed by the Senate,--Yeas 19, Nays 13. Mr.

Edmunds, of Vermont, Mr. Foster, of Connecticut, Mr. Grimes, of

Iowa, Mr. Morgan, of New York, Mr. Poland, of Vermont, and Mr.

Sumner were the only Republicans voting in the negative.

* * * * *

May 3d, the bill passed the House of Representatives,--Yeas 81,

Nays 57,--among the latter Mr. Stevens,--and was duly presented

to the President for his signature.

* * * * *

May 16th, the bill was returned to the Senate, with the

objections of the President to its becoming a law. On motion

of Mr. Wade, of Ohio, the message was laid on the table. May

21st, on motion of Mr. Hendricks, of Indiana, it was taken up

and made the special order for May 29th. On this motion, Mr.

Sumner, after discussing the order of business, remarked:--

I have said enough in answer to observations on the order of business

by Senators who have preceded me; but there seems to have been a

disposition to open the main question. Senators have expressed opinions

with more or less fulness on that. I shall not follow them. This is not

the time for such a discussion. That time may come. It has already been

in this Chamber, and then I had ample opportunity to say what I chose.

I may deem it proper to take another opportunity; but I am in no haste.

I have no disposition to press the matter.

I cannot take my seat, however, without one remark, in reply to my

friend from Ohio. He says that he is for the admission of Colorado

now, notwithstanding the veto of the President. I rejoin, that I am

against the admission of Colorado now, with or without the veto of the

President. If alone, I mean to insist always, that, from this time

forward, no State shall be received into the Union with a constitution

disavowing the first principle of the Declaration of Independence; and

I shall take advantage of every opportunity to uphold that principle,

whether given me by a Senator on this floor or by the President of the

United States.

The veto was never considered, and the effort for the admission

of Colorado expired for that session. Had the veto been

considered, Mr. Sumner would have said:--

Months have passed since the application of Colorado was presented to

Congress, with a constitution disregarding that vital principle which

constitutes the essential element of republican government, without

which a republican government is a name and nothing more. For months

representatives of Colorado have struggled to triumph over this

benign principle. Meanwhile the popular voice has been heard, sounding

in the ears of members of Congress, and still the efforts of these

representatives of Colorado are continued. I regret this much. I regret

that they did not return home and crown their labors by making the new

State an example to the country.

On this occasion I shall sustain the veto of the President. I must

do this, because I agree with him, that Colorado should not now be

admitted as a State.

There are reasons assigned by the President which are applicable and

sufficient. There is at least one other assigned by him which is

inapplicable, and, of course, insufficient. When he objects to the

reception of a new State with so small a population as Colorado, to

exercise equal power, legislative, diplomatic, and executive, with New

York, in this Chamber,--and when again he objects to this new State on

the ground that the people there are not yet ripe and ready for the

responsibilities of a State government,--clearly, in these two cases

he has reason on his side. All that he says is at once applicable

and sufficient. But I must be pardoned, if I cannot adopt his other

reason,--that we should not undertake to admit new States while our

late Rebel States are still unrepresented in Congress. This reason is

obviously inapplicable, and, of course, insufficient. He might as well

object to the validity of elections because criminals have not been

let out of the prisons and penitentiaries to vote. States hardly yet

washed clean from the blood of rebellion cannot expect to be received

instantly into the great copartnership of the National Government. For

the present, the business must be done by the loyal members.

There is another reason, at once applicable and sufficient, which the

President has forgotten to assign. That he should forget it may seem

strange, when we consider, that, on an important occasion in Tennessee,

standing on the steps of the Capitol, he openly announced himself as

the “Moses” of an oppressed race. But, Sir, are we not told by the poet

that the soul can reach heights which it cannot keep? Clearly, in this

utterance, so grandiose in promise, our President reached heights he

has not been able to keep. He is mortal, and the early inspiration has

passed from him. Had it been otherwise, he would not have forgotten

to rebuke this young Colorado coming forward with a constitution that

openly sets at nought that equality of rights which attaches to the

loyal citizens of an oppressed race. Here is reason enough for the

rejection. As in times past there has been the cry, “No more Slave

States!” the cry now must be, “No more States with the word ‘white’!”

I trust the Territories west of the Mississippi will take notice, and

govern themselves accordingly.

At the next session, another bill was promptly introduced

by Mr. Wade, and then reported by him from the Committee on

Territories. Meanwhile a bill for the admission of Nebraska

was taken up, and, after a protracted discussion, in which Mr.

Sumner took part, that Territory was admitted as a State, on

the fundamental condition of Equal Rights.[280]

* * * * *

January 9, 1867, immediately on the passage of the Nebraska

Bill in the Senate, the bill for the admission of Colorado was

taken up. The proviso requiring equal rights as a fundamental

condition was adopted,--Yeas 21, Nays 18,--and the bill then

passed the Senate,--Yeas 23, Nays 11,--Mr. Sumner voting in the

affirmative.

January 15th, in the House of Representatives, the proviso

adopted by the Senate was changed so as to require the assent

of the State Legislature,--Yeas 84, Nays 65,--and the bill then

passed the House,--Yeas 90, Nays 60. The Senate concurred, but

President Johnson returned the bill with his objections.

March 1st, on the question of the passage of the bill,

notwithstanding the objections of the President, the vote

stood, Yeas 29, Nays 19. Two thirds not having voted for the

bill, it did not become a law. Nebraska was more fortunate.

* * * * *

Although Colorado failed to be admitted as a State, the long

and earnest debate was not without result. The power of

Congress to require Equal Rights as a fundamental condition was

affirmed.

OPPOSITION TO THE CONSTITUTIONAL AMENDMENT ON THE BASIS OF

REPRESENTATION.

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