Mr. Sumner sent to the Chair a series of resolutions, which he
described by their title. They were then read, as follows.
Resolutions declaratory of the Relations between the United
States and the Territory once occupied by certain States,
and now usurped by pretended Governments without
Constitutional or Legal Right.
Whereas certain States, rightfully belonging to the Union of
the United States, have, through their respective Governments,
wickedly undertaken to abjure all those duties by which their
connection with the Union was maintained, to renounce all
allegiance to the Constitution, to levy war upon the National
Government, and, for the consummation of this treason, have
unconstitutionally and unlawfully confederated together with
the declared purpose of putting an end, by force, to the
supremacy of the Constitution within their respective limits;
And whereas this condition of insurrection, organized by
pretended Governments, openly exists in North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
Texas, Arkansas, Tennessee, and Virginia,--except in Eastern
Tennessee and Western Virginia,--and the President of the
United States, in a proclamation duly made in conformity with
an Act of Congress, has declared the same to exist throughout
this territory, with the exceptions already named;
And whereas the extensive territory thus usurped by
these pretended Governments and organized into a hostile
confederation _belongs to the United States, as an inseparable
part thereof, under the sanctions of the Constitution_, to be
held in trust for the inhabitants in the present and future
generations, and is so completely interlinked with the Union
that it is forever dependent thereupon;
And whereas the Constitution, which is the supreme law of the
land, cannot be displaced within this territory, but must ever
continue the supreme law thereof, notwithstanding the doings of
any pretended Governments, acting singly or in confederation,
hostile to its supremacy: Therefore,--
1. _Resolved_, That any vote of secession, or other act,
by a State hostile to the supremacy of the Constitution
within its territory, _is inoperative and void against the
Constitution_, and, when sustained by _force_, becomes a
practical abdication by the State of all rights under the
Constitution, while the treason it involves works instant
forfeiture of all functions and powers essential to the
continued existence of the State as a body politic; so
that from such time forward the territory falls under the
exclusive jurisdiction of Congress, as other territory, and
the State becomes, according to the language of the law,
_felo de se_.
2. That any combination of men assuming to act in the
place of such State, and attempting to ensnare or coerce
its inhabitants into a confederation hostile to the Union,
is rebellious, treasonable, and destitute of all moral
authority; and such combination is a usurpation incapable
of constitutional existence and utterly lawless, _so that
everything dependent upon it is without constitutional or
legal support_.
3. That the termination of a State under the Constitution
necessarily causes the termination of those peculiar local
institutions which, having no origin in the Constitution,
or in natural right independent of the Constitution, are
upheld by the sole and exclusive authority of the State.
4. That Slavery, being a peculiar local institution,
derived from local law, _without any origin in the
Constitution or in natural right_, is upheld by the sole
and exclusive authority of the State, and must therefore
cease, legally and constitutionally, when the State on
which it depends has lapsed; for the incident must follow
the principal.[141]
5. That, in the exercise of exclusive jurisdiction over the
territory once occupied by the States, it is the duty of
Congress to see that the supremacy of the Constitution is
maintained in its essential principles, so that everywhere
in this extensive territory Slavery shall cease to exist
in fact, as it has already ceased to exist in law or
Constitution.
6. That any recognition of Slavery in such territory, or
surrender of slaves under pretended laws of such States,
by an officer of the United States, civil or military, is
a practical recognition of the pretended Governments, to
the exclusion of the jurisdiction of Congress under the
Constitution, and is in the nature of aid and comfort to
the Rebellion that has been organized.
7. That any such recognition of Slavery, or surrender of
pretended slaves, besides being a practical recognition of
the pretended Governments, giving them aid and comfort, is
a denial of the rights of persons who by the action of the
States have become free, so that, under the Constitution,
they cannot again be enslaved.
8. That allegiance from the inhabitant and protection from
the Government are corresponding obligations, dependent
upon each other; so that, while the allegiance of every
inhabitant of this territory, without distinction of class
or color, is due to the United States, and cannot in any
way be defeated by the action of any pretended Government,
or by any pretence of property or claim to service, the
corresponding obligation of protection is at the same
time due from the United States to every such inhabitant,
without distinction of class or color; and it follows that
inhabitants held as slaves, whose paramount allegiance
is to the United States, may justly look to the National
Government for protection.
9. That the duty cast upon Congress by the action of
the States is enforced by the positive requirement of
the Constitution, that “no State shall enter into any
confederation,” or, “without the consent of Congress, keep
troops or ships of war in time of peace,” or “enter into
any agreement or compact with another State,” or “grant
letters of marque and reprisal,” or “coin money,” or “emit
bills of credit,” or, “without the consent of the Congress,
lay any imposts or duties on imports or exports,” all
of which have been done by these pretended Governments,
and also by the positive injunction of the Constitution,
addressed to the Nation, that “the United States shall
guaranty to every State in this Union a republican form
of government”; and that, in pursuance of this duty cast
upon Congress, and further enjoined by the Constitution,
_Congress will assume complete jurisdiction of such vacated
territory, where such unconstitutional and illegal things
have been attempted, and will proceed to establish therein
republican forms of government under the Constitution_,
and, in the execution of this trust, will provide carefully
for the protection of all the inhabitants thereof, for
the security of families, the organization of labor, the
encouragement of industry, and the welfare of society, and
will in every way discharge the duties of a just, merciful,
and paternal Government.
When the reading was completed, Mr. Sumner asked that the
resolutions be printed and laid upon the table, adding that at
some future day he hoped to call them up for consideration.
Then ensued a scene not inaptly called a “flurry,” with regard
to the disposition of the resolutions,--some wishing their
reference to a committee, where they would be out of the way,
and others wishing them laid on the table, so as to avoid
present debate. Mr. Sumner made the latter motion, so as to
keep them on the calendar of the Senate.
Mr. Davis, of Kentucky, moved at once their reference to the
Committee on the Judiciary. But the motion to lay on the table
had precedence. Mr. Sherman, of Ohio, said: “I do not think
we ought to take time now in discussing this question.” Mr.
Anthony, of Rhode Island, said: “If the motion to lay on the
table be lost, the motion to refer will be debatable. I vote
‘yea.’” The motion of Mr. Sumner prevailed,--yeas 21, nays 15.
Chief among the nays were the Democrats and the ordinary
revilers of Antislavery movements; but the division did not
indicate definite opinions on the resolutions. It was in no
sense an adverse vote, although often cited as such by hostile
partisans, which was the more curious as Mr. Sumner voted with
the majority.
* * * * *
February 13th, Mr. Davis introduced a series of counter
resolutions, eight in number, which were ordered to lie on the
table and be printed. Their special object was the protection
of loyal persons, so that no form of confiscation or forfeiture
should reach them,--meaning, of course, protection against
Emancipation,--“whilst inflicting on the guilty leaders condign
and exemplary punishment, granting amnesty and oblivion to the
comparatively innocent masses.”
The difference developed here entered into subsequent debates.
Mr. Sumner regarded Slavery as the great offender, besides
being a constant wrong, and he wished it destroyed completely.
Others sought to confine the sphere of Emancipation to the
slaves of Rebels.
After certain Senatorial protests at a subsequent day, the
question of Congressional power, presented by the resolutions,
and involving Reconstruction, dropped out of sight, partly
because the Proclamation of Emancipation provided a method
against Slavery, and partly because Rebel resistance and the
cloud which soon afterwards lowered upon our arms prevented
Reconstruction from becoming what was called “a practical
question,” except to those who, anticipating the future, saw
how much would be gained by a sure rule capable of immediate
application as the national power prevailed.
A speech on this subject, especially vindicating the positions
he had taken, was prepared by Mr. Sumner during this session;
but the proper occasion for its delivery not occurring, it was
handed over to the _Atlantic Monthly_, where it appeared as an
article, October, 1863. Some of the points of the resolutions
reappeared in the speech of the 19th May, on “Rights of
Sovereignty and Rights of War”;[142] also in the resolutions of
June 2 and 6, 1862, relating to the Provisional Government of
North Carolina.[143]