Mr. Sumner then offered this amendment:--

“_And be it further enacted_, That all the provisions of

this Act, and of the Acts to which this is supplementary,

shall be construed liberally, to the end that all the

intents thereof may be fully and perfectly carried out.”

There was no objection of order to this amendment, and it was

agreed to without a division.

After further amendment the bill was ingrafted upon a House

bill on the same subject and passed,--Yeas 32, Nays 6. Being

referred to a Conference Committee, the report of the Committee

was adopted: in the Senate, Yeas 31, Nays 6,--and in the House,

Yeas 111, Nays 23.

* * * * *

July 13th, on the report of the Conference Committee in the

Senate, Mr. Sumner said:--

And now, as we are about to dismiss this subject for the present

session, I cannot forbear again expressing regret that the measure has

not been made more complete,--in one word, more radical. This is the

third bill of Reconstruction on which we have acted. We ought never

to have acted on more than one; and had the Senate been sufficiently

radical, had it founded its bill on clear, definite principle, there

would have been no occasion for more than one. Just so far as we have

failed to found ourselves on clear, definite principle, our bills have

failed; and should there be failure under the present bill, it will be

precisely on that account.

I shall never cease to lament that Congress did not at once assume

jurisdiction of the whole region, and in the exercise of its plenary

authority establish civil governments, supplying ample military

support. Such a Reconstruction would have been founded on principles

to defy the criticism of history. I trust that what we have done will

be judged leniently hereafter. I know, however, that it is not above

criticism. Of course, such Reconstruction would have removed out of

sight all existing State governments and municipal governments set up

by Rebel authority, or by the President in the exercise of usurped

power. In my opinion, it is not too late to do this last work. Even

if you decline to establish civil governments, I think, that, under

the Military Bill, you should go forward and brush away all the

existing governments there. From information, private and public, out

of every one of the Rebel States, I am led to this conclusion. Those

governments, whether State or municipal, are just so many engines of

Rebel influence. They stand in the way of Reconstruction. They prevent

the beneficent operation of your work. But the Senate has declined that

path. I regret it, and now at this last moment record my regret.

I am sorry to add that the Senate has declined to require of these

people conditions which I think essential to republican government. One

of these is a system of public education. I can never cease to mourn

the failure in this regard. Here is a paper from New Orleans, which

has come to me since I have been at my desk to-day, edited by colored

persons,--and an excellent paper it is,--“The New Orleans Tribune” of

July 9, 1867, which contains an article entitled “Public Schools,” from

which I will read a brief sentence:--

“Who will open the public schools to all children? We are of

opinion that it will only be done by a colored mayor with

colored members of the city council. This opinion is justified

by facts.”

The article then sets forth the impediments in the way of public

schools. And yet, in the face of such intelligence from the Rebel

States, we decline to require a system of public education as an

essential element in these new governments. I lament it; and I desire

again to record this sentiment.

I fear also, Mr. President, that in the operation of this bill you

will find that we have not been sufficiently explicit in the exclusion

of Rebel influence. I have made my best effort to remove doubts and

to enlarge the exclusion. But, in saying this, I desire to add, that,

in my judgment, all exclusions belong to what I call the transition

period. When Reconstruction is accomplished, the time will come for us

to open the gates,--but not till then.

July 19th, the bill was vetoed by the President, and on the

same day it was re-passed by a two-thirds vote of both Houses:

in the Senate, Yeas 30, Nays 6,--and in the House, Yeas 109,

Nays 25; so that it became a law.[234]

SUFFRAGE WITHOUT DISTINCTION OF COLOR THROUGHOUT THE UNITED STATES BY

ACT OF CONGRESS.

REMARKS IN THE SENATE, ON A BILL TO ENFORCE SEVERAL PROVISIONS OF THE

CONSTITUTION BY SECURING THE ELECTIVE FRANCHISE TO COLORED CITIZENS,

JULY 12, 1867.

March 26, 1867, Mr. Sumner asked, and by unanimous consent

obtained, leave to introduce a bill to enforce the several

provisions of the Constitution abolishing Slavery, declaring

the immunities of citizens, and guarantying a republican form

of government, by securing the elective franchise to colored

citizens, which was read twice by its title and printed. He

then remarked on the importance of the bill, and said that it

was intended to cut the Gordian knot of the Suffrage question

throughout the country.

At the session beginning July 3d, he made constant efforts for

its consideration, challenging objection and argument.

July 12th, he moved its consideration, calling it “the Capstone

of Reconstruction”; but the Third Reconstruction Bill was

pressed by Mr. Trumbull, of Illinois, to the exclusion of the

other. Mr. Sumner would not antagonize his bill with that. As

soon as the other measure was disposed of, he pressed his bill

again. It was objected to by Mr. Edmunds, of Vermont, as not in

order under the rule of the session limiting business,[235] and

the question of order was referred to the Senate. On this Mr.

Sumner said:--

My argument is precisely this, and I ask the attention of my friend

from Maryland [Mr. JOHNSON]. We all know his eminence at the bar of

the Supreme Court, and I submit to him this: We have already by

Reconstruction Acts conferred the suffrage upon colored persons in the

Rebel States; now is it not important that our legislation should be

completed and rounded by conferring the suffrage in the other States

as conferred in the Rebel States? You have conferred it in the Rebel

States.

MR. JOHNSON. What has that to do with the other States?

MR. SUMNER. Will you have the great right of suffrage depend upon Act

of Congress in one half of the Union, and not upon Act of Congress

in the other half? If you can pass an Act for one half, can you not

for the other half? I know the answer, that in the Rebel States the

fact of rebellion gives a power we have not in the other States. But

the present bill is founded not simply on the fact of rebellion, but

on the clause in the National Constitution by which we are bound to

guaranty a republican form of government throughout the whole country;

also on the other clause by which Slavery is abolished throughout the

whole country, and we are empowered by proper legislation to enforce

it; also that further clause by which the rights of citizens are

secured throughout the whole country, and we are empowered by proper

legislation to enforce it. Here are three sources of power, equally

applicable to all the States, Rebel or Loyal. And now I submit that

such an Act for the Loyal States is only the just complement to our

action in the Rebel States.

How can you look the Rebel States in the face, when you have required

colored suffrage of them and fail to require it in the other States? Be

just; require it in the Loyal States as you have required it in the

Rebel States. There is an unanswerable argument, and I submit it on the

question of order. If we are privileged to consider only matters in

aid of the original Reconstruction measures, then do I say that this

bill is in aid of those measures, for it gives to them completeness and

roundness. Without this bill your original measures are imperfect, ay,

radically unjust. I know it is said there is one title to legislation

over the Rebel States which we have not with regard to the Loyal

States,--to wit, that they have been in rebellion. But the great

sources of power in the two cases are identical; they are one and the

same.

There is the guaranty clause in the National Constitution, the sleeping

giant of the Constitution, never until this recent war awakened, but

now it comes forward with a giant’s power. There is no clause like it.

There is no text which gives to Congress such supreme power over the

States. Then, as I have so often said, are the two other clauses. Your

power under the Constitution is not less complete than beneficent.

I am not to be betrayed into the constitutional argument. I am now on

the question of order. I say that this bill is essential to perfect

the original Reconstruction measures. You should not return to your

homes without this additional Act by which Reconstruction is finished.

If any Senator has any reason to bring against this bill, if any

one can suggest a doubt of its constitutionality, I should like to

hear the reason or the doubt, and I shall be ready to answer it. I

invite discussion. I challenge the expression of any reason against

it, or of any doubt with regard to its constitutionality; and I ask

Senators to look at it as a great measure of expediency as well as of

justice. How will you settle this question in the Loyal States? Here

are Delaware, Maryland,--my friend over the way will not be sensitive

when I allude to his State,--and Kentucky, in each of which this

measure will be the salvation of Union citizens. In other States, like

Pennsylvania, it will rally at once--I am speaking now on the question

of expediency--twenty thousand votes to the Union cause. In Indiana,

too, it will settle the Suffrage question. I say nothing of Iowa. There

is Wisconsin.

MR. TRUMBULL. They all vote there now.

MR. SUMNER. Under the decision of the Supreme Court. So much the

better. There is Connecticut. It would obtain three thousand votes

there for the good cause. A short Act of Congress will determine the

political fortunes of Connecticut for an indefinite period by securing

three thousand additional votes to the right side. There is New York,

also, where the bill would have the same excellent beneficent influence.

Who, then, can hesitate? Look at it in any light you please. Regard it

as the completion of these Reconstruction measures, as a constitutional

enactment, or as a measure of expediency to secure results we all

desire at the approaching elections, and who can hesitate? There has

been no bill before you for a long time of more practical value than

this. I hope there will be no question about proceeding with it, and

that we may pass it before we separate to-night.

MR. EDMUNDS. I agree with my friend from Massachusetts, that

the bill has very great merit. It has supreme moral merit. I

agree to every word of it. I am a little afraid, it is true,

that there is a higher law that will bind us not to pass it,

for want of power.

MR. SUMNER. Want of power! Will the Senator be good enough to

state the reason?

MR. EDMUNDS. No, not on this point, because it is not relevant

to this question of order.

MR. SUMNER. But, as the Senator is going into the question of

the want of power, I really wish he would deign to enlighten us

upon that.

MR. EDMUNDS. My friend will have to go without it, so far as I

am concerned, for I shall not make it.

MR. SUMNER. Then I shall begin to think the Senator cannot.

MR. EDMUNDS. That is not a very dangerous state of things; but

there are others who can.

* * * * *

The Senate decided the motion out of order,--Yeas 12, Nays 22.

* * * * *

July 13th, and again on the 15th, Mr. Sumner made another

effort, by a resolution suspending the rule limiting business,

so as to allow the consideration of this bill; but he could not

get a vote on the resolution. The Senate rose without touching

it.

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