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.