“That this act shall take effect with the fundamental and
perpetual condition that within said State of Nebraska
there shall be no abridgment or denial of the exercise of
the elective franchise or of any other right to any person
by reason of race or color, excepting Indians not taxed.”
It will be observed that this differs from Mr. Sumner’s in
not requiring the submission of the fundamental condition to
the voters of the Territory. This amendment was lost by a
tie-vote,--Yeas 18, Nays 18. At the next stage of the bill,
being again moved by Mr. Edmunds, it was adopted,--Yeas 20,
Nays 18. The bill was then passed by the Senate,--Yeas 24, Nays
15.
* * * * *
In the other House, the proviso adopted by the Senate was
changed, on motion of Mr. Boutwell, of Massachusetts, so as to
require that the Legislature of the State should by a solemn
public act declare consent to the fundamental condition, and
the bill was then passed,--Yeas 103, Nays 55. In this amendment
the Senate concurred.
February 8th, the bill was again passed in the Senate, by a
two-thirds vote, over the veto of the President,--Yeas 31,
Nays 9; and February 9th, in the other House, by a two-thirds
vote,--Yeas 120, Nays 44. And so the bill became a law.[49]
Colorado was less fortunate.[50]
* * * * *
Thus the protracted struggle for Equal Rights in Nebraska,
establishing a fundamental condition, was crowned with success,
preparing the way for similar requirement in the Rebel States.