Chapter 15

March 12th, in the Senate, the bill for the admission of the State of Colorado was taken up for consideration, when Mr. Sumner commenced an opposition, in which he persevered. The question was, in his judgment, of peculiar importance, as involving the true principle of Reconstruction; so that, while insisting upon equal rights in Colorado, he was contributing to the same cause.In a speech of some length he set forth “three distinct objections at this moment to the admission of Colorado as a State,” which he considered in their order: first, the irregularity of the proceedings, ending in the seeming adoption of the Constitution; secondly, the smallness of the population; and, thirdly, that its Constitution was not republican in form, and consistent with the Declaration of Independence, according to the requirement of the Enabling Act. In the course of his remarks on the two latter heads, he said:—

In a speech of some length he set forth “three distinct objections at this moment to the admission of Colorado as a State,” which he considered in their order: first, the irregularity of the proceedings, ending in the seeming adoption of the Constitution; secondly, the smallness of the population; and, thirdly, that its Constitution was not republican in form, and consistent with the Declaration of Independence, according to the requirement of the Enabling Act. In the course of his remarks on the two latter heads, he said:—

I have here a table of the total vote at the elections in different years. In August, 1861, it was 10,580; in December, 1861, 9,354; in October, 1862, 8,224; in September, 1864, 5,769; in September, 1865, 5,895: so that you will perceive from 1861 to 1865 the vote constantly diminishing, being at the beginning upward of 10,000, and at the end less than 6,000.And when the Constitution was submitted, only 3,025 voted for it, while 2,870 voted against it. The present question is, whether 5,895 voters shall be invested with the powers of a State; whether they shall send into this Chamber two Senators, whose votes shall be equal to the vote of New York, of Pennsylvania, of Ohio, or of Massachusetts. Is that just? Is it fair? When a State is once admitted into the Union, we all know, that, under the National Constitution, it is on a footing of perfect equality; therefore, in advance, before we receive a State into that high equality, we should well consider whether it is in its population entitled to such eminence.

It is no answer to say that Pennsylvania, New York, Ohio, and Massachusetts have large political weight in the other House, which this new State, if received, will not have. The question is, whether in the Senate it will not have a weight to which such a number of voters cannot be justly entitled. This leads me to consider for one moment the functions of the Senate. The Senate of the United States is a peculiar body, utterly without precedent or parallel in the history of any other constitutional government, differing from the upper House of the English Parliament, from the upper House of the French Chambers, from the upper House in Prussia, from the upper House in Italy, inasmuch as it has three functions,—one legislative, one diplomatic, and one executive. By its legislative function, it acts, in coöperation with the other House, in the making of laws; by its diplomatic function, it acts, without coöperation with the other House, on treaties with foreign powers; and by its executive function, it acts, without the other House, on the nominations ofthe President. A preponderance of power possessed by the larger States in the House of Representatives cannot affect the last two functions, the diplomatic and the executive; and the precise question is, whether a few voters, not numbering six thousand, in a distant Territory, shall be organized so as to enter this Chamber, and on questions of diplomacy and on executive questions to neutralize the vote of a large State. Even conceding that on legislative questions, through the preponderance of the large States in the other House, there may be a certain remedy to this disorder, there is no such remedy in the exercise of these two other important functions of the Senate. I submit, therefore, that it is not advisable at this moment to invest this small number of voters with these vast political powers. They must wait a little longer,—wait until they are more numerous,—at least until entitled to one Representative in the other House. At the proper time we shall gladly welcome them; but the time has not come.

There is another objection, which stands forth on the face of their constitution. It is not republican in form, or in harmony with the Declaration of Independence. The requirement of the Enabling Act, under which they pretend to proceed, but which, as I have shown, was already exhausted before they entered upon these proceedings, has these words:—

“That the Constitution, when formed, shall be republican, and not repugnant to the Constitution of the United States and the principles of the Declaration of Independence.”[272]

Look now at this Constitution. Article III., entitled “Suffrage and Elections,” begins as follows:—

“Section 1.Everywhite male citizenof the age of twenty-one years and upwards, who is by birth, or has become by naturalization or by treaty, or shall have declared his intention to become, a citizen of the United States according to the laws thereof, and who shall have resided in the State of Colorado for six months preceding any election, and shall have been a resident for ten days of the precinct or election district where he offers to vote, shall be deemed a qualified elector, and entitled to vote at the same.”

Note well the text, “every white male citizen”: in other words, nobody who is not “white,” under this constitution, is recognized as entitled to the elective franchise. Now, Sir, I insist—and I here challenge reply from any Senator on this floor—that such a constitution does not comply with the requirement of the Enabling Act, that it is not republican, and that it is repugnant to the principles of the Declaration of Independence. I say that it is not republican; for the first principle of republican government is equality. Let that be denied, and you fail in republican government.

Mr. McDougall[of California]. In what age of the world was there a republic where there was equality? Please answer me that.… I would like to have the single instance where it existed in ancient times, in the middle ages, or in the modern ages.

Mr. Sumner.Speaking on that subject lately, I took occasion to show that there was no such case. The Senator is nearly right. There had been no such case. It was for our fathers, it was left to them, when they undertook to constitute a new government, to declare equality the essential and cardinal principle of a republic. My answer is precise: there had been no such case. But the true idea of a republican government began with our fathers, and its definition is found in their Declaration of Independence. Were they not sufficiently explicit? Is their language vague? Call it “a glittering generality,”—but there it is, in immortal text, whose truth will be recognized more and more as time advances. You may not recognize it now, but others after you will do it reverence.

I say, therefore, that this constitution is repugnant to the principles of the Declaration of Independence. I say that the government which it constitutes is not a republican government. And now the question is, how that difficulty shall be met. I know well that Senators may say, But there are States in the Union with the same discrimination. Connecticut has it; New York also. But permit me to say, these instances do not at all touch the argument. We are not called now to review the constitution of Connecticut or New York, but we are called at this moment, in the discharge of a solemn duty, to review the constitution of this proposed State. If called in this Chamber, under the responsibilities of official position, to review the constitution of Connecticut or New York, my course would be clear to say that it was not republican in form; but there is no such occasion, and therefore we have no such responsibility. There are other States with regard to which we have at this moment that responsibility, and I allude to them for illustration: I mean the States lately in rebellion. Their constitutions have been overthrown or subverted; new constitutions have been set up, which it becomes the solemn duty of Congress to examine, to see whether they are republican in form, and not repugnant to the principles of the Declaration of Independence. We have, in relation to those States, the very responsibility now pressing upon us with regard to this new candidate, distant Colorado. We must examine the constitutions, and see whether or not they are in conformity with those sublime principles which enter into the true idea of a republican government.

Again, Sir, I would urge, that, at this moment, when the whole country is agitated by the great question, What shall be done for the protection of the colored race?—to what extent we shall exercise the high powers of Congress to carry that protection into the Rebel States,—it will be hardly decent for us, in reviewing the constitution of a new State, not to apply the highest possible test. It will not do for us now to recognize this constitution of Colorado as republican in form. We owe it to ourselves to set an example, and to require that in a State organized under our influence a good example shall prevail. How many of us heard with regret the result last autumn in Connecticut, and again in Wisconsin, by which suffrage to the colored race was denied! We felt that by those two votes Liberty had suffered, that an enfranchised race was placed in jeopardy, that its rights were dishonored by those who ought to have upheld them; and now, Sir, you have cast upon you in this Chamber that same identical responsibility. You are, with reference to the constitution of Colorado, in the precise position of the people of Connecticut with regard to their own constitution, and the people of Wisconsin with regard to theirs. Some of us have regretted poignantlythe policy of those two States: I hope there will be no occasion to regret any similar policy in this Chamber. And now, Sir, in order to bring the Senate to a vote on that question, I send to the Chair an amendment to the bill.

The Secretary read the amendment, namely:—“Insert at the end of the second section the following proviso:—“Provided, That this Act shall not take effect except upon the fundamental condition that within the State there shall be no denial of the electoral franchise, or of any other rights, on account of race or color, but all persons shall be equal before the law. And the people of the Territory shall, by a majority of the voters, at public meetings to be convened by the Governor of the Territory, declare their assent to this fundamental condition; and the Governor shall transmit to the President of the United States an authentic statement of such assent, whenever the same shall be given, upon receipt whereof he shall by proclamation announce the fact; whereupon, without any other proceedings on the part of Congress, this Act shall take effect.”This amendment was similar to that offered by Mr. Sumner on the Louisiana Bill,[273]and was modelled on what is known as the Missouri precedent, which he proceeded to explain, and then said:—

The Secretary read the amendment, namely:—

“Insert at the end of the second section the following proviso:—“Provided, That this Act shall not take effect except upon the fundamental condition that within the State there shall be no denial of the electoral franchise, or of any other rights, on account of race or color, but all persons shall be equal before the law. And the people of the Territory shall, by a majority of the voters, at public meetings to be convened by the Governor of the Territory, declare their assent to this fundamental condition; and the Governor shall transmit to the President of the United States an authentic statement of such assent, whenever the same shall be given, upon receipt whereof he shall by proclamation announce the fact; whereupon, without any other proceedings on the part of Congress, this Act shall take effect.”

“Insert at the end of the second section the following proviso:—

“Provided, That this Act shall not take effect except upon the fundamental condition that within the State there shall be no denial of the electoral franchise, or of any other rights, on account of race or color, but all persons shall be equal before the law. And the people of the Territory shall, by a majority of the voters, at public meetings to be convened by the Governor of the Territory, declare their assent to this fundamental condition; and the Governor shall transmit to the President of the United States an authentic statement of such assent, whenever the same shall be given, upon receipt whereof he shall by proclamation announce the fact; whereupon, without any other proceedings on the part of Congress, this Act shall take effect.”

This amendment was similar to that offered by Mr. Sumner on the Louisiana Bill,[273]and was modelled on what is known as the Missouri precedent, which he proceeded to explain, and then said:—

Possibly a question may arise as to the effect of such a fundamental condition. I do not think there can be any question. I do not doubt that such a fundamental condition, especially if sanctioned by the popular vote according to the terms of the proviso, will be absolutely obligatory on the State. I believe that you may apply to it the language of Mr. Webster’s great speech in reply to Mr. Hayne, where, describing and vindicating the Ordinance for the government of the Northwest Territory, he used this very striking, and, to my mind, exquisitely beautiful language, as simple as it is expressive:—

“It laid the interdict against personal servitude in original compact, not only deeper than all local law, but deeperalso than all local constitutions.”[274]

Now, Sir, I call upon the Senate to do for this far Western Territory the same in kind as was done by our fathers for the whole vast Northwest Territory,—to lay an interdict against all inequality of rights in original compact, not only deeper than all local law, but deeper than all local constitutions. Let that be done, and one of the objections to the admission of Colorado will be removed.

Mr. Stewart, of Nevada, followed Mr. Sumner.March 13th, the debate was resumed, when Mr. Pomeroy, of Kansas, Mr. Lane, of Kansas, Mr. McDougall, of California, Mr. Trumbull, of Illinois, Mr. Cragin, of New Hampshire, Mr. Ramsey, of Minnesota, and Mr. Williams, of Oregon, spoke for the admission; Mr. Saulsbury, of Delaware, Mr. Grimes, of Iowa, Mr. Hendricks, of Indiana, Mr. Wade, of Ohio, Mr. Doolittle, of Wisconsin, and Mr. Conness, of California, spoke against the admission. The chief topics were the Enabling Act and the want of population. In the course of the debate, Mr. Sumner insisted that the population had diminished, and then said:—

Mr. Stewart, of Nevada, followed Mr. Sumner.

March 13th, the debate was resumed, when Mr. Pomeroy, of Kansas, Mr. Lane, of Kansas, Mr. McDougall, of California, Mr. Trumbull, of Illinois, Mr. Cragin, of New Hampshire, Mr. Ramsey, of Minnesota, and Mr. Williams, of Oregon, spoke for the admission; Mr. Saulsbury, of Delaware, Mr. Grimes, of Iowa, Mr. Hendricks, of Indiana, Mr. Wade, of Ohio, Mr. Doolittle, of Wisconsin, and Mr. Conness, of California, spoke against the admission. The chief topics were the Enabling Act and the want of population. In the course of the debate, Mr. Sumner insisted that the population had diminished, and then said:—

But, unhappily, this is not the only way in which this community has fallen,—fallen in population, as my friend says,—fallen, as I shall proceed to show positively, in another respect, far more important than population.

He then showed[275]that the Legislative Assembly of the Territory, at its first session under the organic act, by an act approved November 6, 1861, had provided “thatevery male person” with qualification of residence should be deemed a qualified voter; but that was amended by another act, approved March 11, 1864, by inserting the words “not being a negro or mulatto,” which reappeared in the limitation of the constitution before the Senate. He then said:—

Between the introduction of the Enabling Act andthe date of its approval, the legislative body of this distant Territory undertook to make this fundamental change in its electoral law; and then I say that people fell more than in the fall of their population. Their population has diminished; but they, unhappily, have deteriorated in political character, and have not now the same noble elements of political life by which they were once commended.

Sir, I might say more on the question, whether any power can be derived under this Enabling Act. I think, however, that has been enough discussed. All must see, that, whatever its original character, whatever powers may have proceeded from it, they have all been exhausted, and the act has practically expired; it isfunctus officio,—it is a dead act; and this Territory is no more authorized to proceed under it than any other Territory is authorized to proceed under it. It is not in any respect applicable. It has ceased to have any legislative potentiality. Therefore, Sir, whatever this people have undertaken to do they have done without any Enabling Act; they are a voluntary body, proceeding by voluntary action, without previous sanction of Congress, and all that they do is submitted to the judgment of Congress, which is in no respect bound or compromised in the least by any previous proceeding. We approach the question now precisely as if there had been no Enabling Act,—as if the name of Colorado (a pleasant name I trust it may be hereafter in these Halls) had never before found echo here. The whole question is absolutely new from beginning to end; and we must approach it under all the responsibilities of our position, looking at it on the evidence, according to the facts, in order to determine whether now, atthis moment, under these circumstances, we shall be justified in ceding to this community all these great powers.

There was one argument of the Senator from Kansas [Mr.Lane] which was an appeal to us personally,—to my excellent friend from Ohio, to my excellent colleague, and to other Senators who had been here in other days, when Kansas was in danger, and in that

“well-foughten fieldWe kept together in our chivalry.”

“well-foughten field

We kept together in our chivalry.”

Sir, it is the pride of my life that at that time I was able to do something for the State which the Senator represents on this floor. I did it sincerely, honestly believing it my duty at the time, because I saw well the peril of dependent condition, and that it could be saved only by the interference of Congress, the swiftest intervention, which would not brook delay. Therefore, Sir, for the sake of peace, and as I would succor a fellow-man in agony, I exerted myself in every way to invest Kansas with all the privileges and self-protecting powers of a State. The case was peculiar and exceptional; it was also historic. It cannot be cited as a precedent now. As well cite what you do to save a drowning man just sinking for the last time, as a proper precedent for conduct in daily life. The case of Colorado is to be met on the facts; it is not an exceptional case; it is a simple case. Meet it, therefore, on the facts and on its simplicity.

At the suggestion of others, and in order to reach an immediate vote on the bill, Mr. Sumner withdrew his amendment.On the question of its engrossment for a third reading, the bill was rejected,—Yeas 14, Nays 21.March 14th, Mr. Wilson, of Massachusetts, who had voted with the majority, moved that the Senate reconsider the vote rejecting the bill, thus keeping the question open for further debate.April 17th, the motion to reconsider was taken up during the morning hour, when Mr. Sumner declared his continued opposition to the proposed State, and his sense of the mistake the Senate would make in reconsidering the late vote. In the course of these remarks, he said:—

At the suggestion of others, and in order to reach an immediate vote on the bill, Mr. Sumner withdrew his amendment.

On the question of its engrossment for a third reading, the bill was rejected,—Yeas 14, Nays 21.

March 14th, Mr. Wilson, of Massachusetts, who had voted with the majority, moved that the Senate reconsider the vote rejecting the bill, thus keeping the question open for further debate.

April 17th, the motion to reconsider was taken up during the morning hour, when Mr. Sumner declared his continued opposition to the proposed State, and his sense of the mistake the Senate would make in reconsidering the late vote. In the course of these remarks, he said:—

I hope, therefore, that the Senate will not proceed to reconsider the vote which, to their honor, they have already recorded. They did well, when, after two days’ debate, by a large vote, they deliberately refused to receive this Territory into the Union. Has anything occurred since to cause a reversal of opinion? Is there any new evidence? Are there new facts? Is there anything which can change your responsibilities, or make you see your duty in a different light? Has that constitution been amended? Has the word “white” been struck out? Why, Sir, at this moment the most important practical question before the country is, whether we shall allow the word “white” in the constitutions of the late Rebel States. Sir, with what just weight can you insist that this word shall be excluded from those constitutions, when you deliberately receive into the Union a new State openly announcing this rule of exclusion? I say, therefore, for the sake of my country, for the sake of public tranquillity, and in loyalty to those fundamental principles on which so much depends, and which, whether as Senator or citizen, I can never forget, I appeal to you, Sir, and to my associates on this floor, not to allow this question to be revived. Let Colorado wait at least until she recognizes the Declaration of Independence.

The morning hour expired as Mr. Sumner finished, and the question was dropped.April 19th, Mr. Wilson moved that the Senate proceed with the motion to reconsider. Mr. Sumner then said:—

The morning hour expired as Mr. Sumner finished, and the question was dropped.

April 19th, Mr. Wilson moved that the Senate proceed with the motion to reconsider. Mr. Sumner then said:—

Mr. President, I hope the Senate will not proceed with that question to-day, and I assign two reasons. The first is, that, looking about the Senate, I see many absent who ought to be here. The second is, that this day, here in the national capital, is dedicated to the cause of human freedom and human rights,—the great cause of Emancipation. The streets to-day are filled with a happy people, emancipated by Act of Congress, and now celebrating the anniversary of their rights. It is, Sir, no proper day to recognize human inequality by receiving into the Union a community which chooses to appear here with a constitution setting at defiance the fundamental principles of the Declaration of Independence. Sir, this is no day for the consideration of that question. I insist that this day shall be kept sacred to human rights,—not be given up to their overthrow.

I may be told, Sir, that there are but ninety colored persons in this distant Territory,—only ninety to be sacrificed. If there were but one, that would be enough to justify my opposition. Out of those ninety, more than seventy-five have borne arms for you in the late war; and yet these people are now positively disfranchised in the constitution it is proposed to recognize. Sir, if you choose to do it, if you do not hesitate to insult the public sentiment of the age by such an act, do not do it to-day.

Mr. Wilson followed. He said, that, on the 3d day of March, 1863, his colleague voted that the people of Colorado should be authorized to frame a constitution; that he did not then propose that she should not make the offensive discrimination; that he never suggested it;that he did not dream of it; that he did not think it fair play to refuse the application of this Territory on account of a distinction they have made, when we imposed no conditions on them, and did not even suggest any.Mr. Lane, of Indiana, said: “I believe that there is no instance in the whole history of the admission of new States where that word ‘white’ has not been the prefix to the qualification for holding office and voting.”Mr. Sumner.Is it not time to begin?Mr. Lane.It is perhaps time to begin; but we should have begun when we passed the Enabling Act, and the vigilance of the Senator from Massachusetts should not have slumbered on that occasion.Mr. Sumner.It did not, as I shall show you presently.Mr. Trumbull also insisted that in good faith Congress was committed to the people of Colorado by the Enabling Act. In the course of reply, Mr. Sumner said:—

Mr. Lane, of Indiana, said: “I believe that there is no instance in the whole history of the admission of new States where that word ‘white’ has not been the prefix to the qualification for holding office and voting.”

Mr. Sumner.Is it not time to begin?Mr. Lane.It is perhaps time to begin; but we should have begun when we passed the Enabling Act, and the vigilance of the Senator from Massachusetts should not have slumbered on that occasion.Mr. Sumner.It did not, as I shall show you presently.

Mr. Sumner.Is it not time to begin?

Mr. Lane.It is perhaps time to begin; but we should have begun when we passed the Enabling Act, and the vigilance of the Senator from Massachusetts should not have slumbered on that occasion.

Mr. Sumner.It did not, as I shall show you presently.

Mr. Trumbull also insisted that in good faith Congress was committed to the people of Colorado by the Enabling Act. In the course of reply, Mr. Sumner said:—

…

What I did say, however, was this: that on that occasion the suggestion was made, which my excellent colleague made to-day, that I was guilty of inconsistency; and I said that then and there I answered that argument. My colleague, not being here, did not hear the answer, and therefore to-day, without knowing the facts, he has revived the charge.

…

I showed you, that, when the Enabling Act was pending in the Senate, all persons, without distinction of color, were authorized to vote. That was my answer before; it is my answer now. Therefore, Sir, do I say that I did not vote with any idea that there could be a discrimination founded on color; on the contrary, I voted with the positive conviction that all possibility of such discrimination was excluded,—and, still further, knowing that this Act contained words in themselves an antidote to any such wrong:—

“The constitution, when formed, shall be republican, and not repugnant to the Constitution of the United States and the principles of the Declaration of Independence.”

Now, Sir, I insist that the constitution presented to us is not republican; and I further insist that it is inconsistent with the Declaration of Independence. My excellent colleague will certainly not maintain the contrary. He will not say that a constitution which undertakes to exclude persons from equal rights on account of color is consistent with the fundamental principles of the Declaration of Independence; and that, Sir, is the very requirement of the Enabling Act.

…

I think it ought not to be proceeded with at all. I think the cause of human rights suffers every moment you give to this question. But I began this morning by simply opposing the consideration of it to-day. If you choose to make a sacrifice of human rights, do it on some other day than this.

After interchange of opinion, the question was postponed till the next Tuesday, the 24th instant, when it was made the special order.April 24th, the debate was renewed, when Mr. Sumner said:—

After interchange of opinion, the question was postponed till the next Tuesday, the 24th instant, when it was made the special order.

April 24th, the debate was renewed, when Mr. Sumner said:—

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 Statesmaybe 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 thesetruths; 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.”

“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 earliestinfancy; 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 ofan 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:—

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.

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