While the resolution recognizing the existing State government
of Louisiana was under consideration, Mr. Sumner introduced the
following resolutions, which, on his motion, were ordered to be
printed. He gave notice that at the proper time he should move
them as a substitute for the pending resolution. But before the
proper time the Louisiana resolution was postponed, and it fell
with the session.
Resolutions declaring the duty of the United States to guaranty
Republican Governments in the Rebel States, on the basis of the
Declaration of Independence; so that the new Governments shall be
founded on the consent of the governed, and the Equality of all persons
before the Law.
_Resolved_, That it is the duty of the United States, by Act of
Congress, at the earliest practicable moment consistent with the common
defence and the general welfare, to reëstablish republican governments
in those States where loyal governments have been vacated by the
existing Rebellion, and thus, to the full extent of their power, fulfil
the requirement of the Constitution, that “the United States shall
guaranty to every State in this Union a republican form of government.”
2. That this important duty is positively imposed by the Constitution
on “the United States,” and not on individuals or classes of
individuals, or on any military commander or executive officer, and
cannot be intrusted to any such persons, acting, it may be, for an
oligarchical class, and in disregard of large numbers of loyal people;
but it must be performed by the United States, represented by the
President and both Houses of Congress, acting for the whole people.
3. That, in determining the extent of this duty, and in the absence of
any precise definition of the term “republican in form,” we cannot err,
if, when called to perform this guaranty, we adopt the self-evident
truths of the Declaration of Independence as an authoritative rule, and
insist that in every reëstablished State the consent of the governed
shall be the only just foundation of government, and all persons shall
be equal before the law.
4. That, outside the Declaration of Independence, it is plain that any
duty imposed by the Constitution must be performed in conformity with
justice and reason, and in the light of existing facts; that therefore,
in the performance of this guaranty, there can be no power under the
Constitution to disfranchise loyal people, or to recognize any such
disfranchisement, especially when it may hand over the loyal majority
to the government of the disloyal minority; nor can there be any power
under the Constitution to discriminate in favor of the Rebellion by
admitting to the electoral franchise Rebels who have forfeited all
rights, and excluding loyal persons who have never forfeited any right.
5. That the United States, now at a crisis of history called to perform
this guaranty, will fail in duty under the Constitution, should they
allow the reëstablishment of any State without proper safeguards
for the rights of all the citizens, and especially without making
it impossible for Rebels in arms against the National Government to
trample upon the rights of those fighting the battles of the Union.
6. That the path of justice is also the path of peace, and that for the
sake of peace it is better to obey the Constitution, and, in conformity
with the guaranty, to reëstablish State governments on the consent of
the governed, and the equality of all persons before the law, to the
end that the foundations may be permanent, and that no loyal majorities
may be again overthrown or ruled by any oligarchical class.
7. That a government founded on military power, or having its origin
in military orders, cannot be “republican in form,” according to
the requirement of the Constitution; and that its recognition
will be contrary, not only to the Constitution, but also to that
essential principle of our Government which, in the language of
Jefferson, establishes “the supremacy of the civil over the military
authority.”[180]
8. That, in the States whose governments have already been vacated,
a government founded on an oligarchical class, even if erroneously
recognized as “republican in form” under the guaranty of the
Constitution, cannot sustain itself securely without national support;
that such an oligarchical government is not competent at this moment to
discharge the duties and execute the powers of a State; and that its
recognition as a legitimate government will tend to enfeeble the Union,
to postpone the day of reconciliation, and to endanger the national
tranquillity.
9. That considerations of expediency are in harmony with the
requirements of the Constitution and the dictates of justice and
reason, especially now, when colored soldiers have shown their military
value; that, as their muskets are needed for the national defence
against Rebels in the field, so are their ballots yet more needed
against the subtle enemies of the Union at home; and that without their
support at the ballot-box the cause of human rights and of the Union
itself will be in constant peril.