Chapter I: Front Matter (1)

Statesman Edition VOL. XIII

Charles Sumner

HIS COMPLETE WORKS

With Introduction
BY
HON. GEORGE FRISBIE HOAR

BOSTON
LEE AND SHEPARD
MCM

COPYRIGHT, 1874,
BY
FRANCIS V. BALCH, EXECUTOR.

COPYRIGHT, 1900,
BY
LEE AND SHEPARD.

Statesman Edition.
LIMITED TO ONE THOUSAND COPIES.
OF WHICH THIS IS
No. 565

Norwood Press:
NORWOOD, MASS., U.S.A.

CONTENTS OF VOLUME XIII.

PAGE

A REPUBLICAN FORM OF GOVERNMENT OUR FIRST DUTY AND THE
ESSENTIAL CONDITION OF PEACE. Bills and Resolutions in the
Senate, at the Opening of the Session of Congress,
December 4, 1865 1

COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA. Bill in the
Senate, December 4, 1865 5

IMPARTIAL JURORS FOR COLORED PERSONS. Bill in the Senate,
December 4, 1865 10

OATH TO MAINTAIN A REPUBLICAN FORM OF GOVERNMENT IN THE REBEL
STATES. Bill in the Senate, December 4, 1865 12

PART EXECUTION OF THE GUARANTY OF A REPUBLICAN FORM OF
GOVERNMENT. Bill in the Senate, December 4, 1865 14

EQUAL RIGHTS OF COLORED PERSONS TO BE PROTECTED BY THE NATIONAL
COURTS. Bill in the Senate, to enforce the Constitutional
Amendment abolishing Slavery, December 4, 1865 16

REPRESENTATION ACCORDING TO VOTERS. Joint Resolution in the
Senate, to amend the Constitution, December 4, 1865 19

SCHEME OF RECONSTRUCTION ON THE BASIS OF EQUAL RIGHTS. Bill in
the Senate, to enforce the Guaranty of a Republican Form of
Government in Certain States, December 4, 1865 21

ADOPTION OF THE CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY.
Concurrent Resolutions in the Senate, declaring the Adoption,
December 4, 1865 30

FIVE CONDITIONS OF RECONSTRUCTION. Resolutions in respect to
Guaranties of the National Security and the National Faith,
December 4, 1865 33

RIGHTS OF LOYAL CITIZENS, AND A REPUBLICAN GOVERNMENT.
Resolutions in the Senate, declaring the Duty of Congress,
December 4, 1865 35

THE LATE SENATOR COLLAMER. Speech in the Senate, on his Death,
December 14, 1865 38

“WHITEWASHING” BY THE PRESIDENT. Remarks in the Senate, on a
Message of President Johnson on the Condition of the Southern
States, December 19, 1865 47

ENFRANCHISEMENT AND PROTECTION OF FREEDMEN. ACTUAL CONDITION OF
THE REBEL STATES. Speech in the Senate, on a Bill to maintain
Freedom in those States, December 20, 1865 55

THE WHITES _vs._ COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA.
Remarks in the Senate, on presenting a Petition from Citizens
of the District, December 21, 1865 98

PROTECTION OF THE NATIONAL DEBT, AND REJECTION OF EVERY REBEL
DEBT. Constitutional Amendment in the Senate, January 5, 1866 99

KIDNAPPING OF FREEDMEN. Remarks in the Senate, on a Resolution
of Inquiry, January 9, 1866 101

THE LATE HENRY WINTER DAVIS. Article in the New York
Independent, January 11, 1866 104

DISFRANCHISEMENT INCONSISTENT WITH REPUBLICAN GOVERNMENT.
Remarks in the Senate, on the Credentials of a Senator from
Florida, January 19, 1866 109

IMPANELLING OF JURIES, AND TRIAL OF JEFFERSON DAVIS. Remarks in
the Senate, on a Bill removing Certain Objections to Jurors,
January 22, 1866 111

CARRYING OUT THE GUARANTY OF REPUBLICAN GOVERNMENT, AND
ENFORCEMENT OF THE PROHIBITION OF SLAVERY. Joint Resolution in
the Senate, February 2, 1866 113

THE EQUAL RIGHTS OF ALL: THE GREAT GUARANTY AND PRESENT
NECESSITY, FOR THE SAKE OF SECURITY, AND TO MAINTAIN
A REPUBLICAN GOVERNMENT. Speech in the Senate, on the
Proposed Amendment of the Constitution fixing the Basis of
Representation, February 5 and 6, 1866. With Appendix 115

DIPLOMATIC RELATIONS WITH THE REPUBLIC OF DOMINICA. Bill in the
Senate, February 6, 1866 270

PROTECTION OF CIVIL RIGHTS. Remarks in the Senate, February
9, 1866 271

THE CITY OF BOSTON AND MR. SUMNER. Letter to the Mayor of
Boston, in Acknowledgment of a Resolution of the Board of
Aldermen, March 5, 1866 280

POLITICAL EQUALITY WITHOUT DISTINCTION OF COLOR. NO COMPROMISE
OF HUMAN RIGHTS. Second Speech in the Senate on the
Proposed Amendment of the Constitution fixing the Basis of
Representation, March 7, 1866 282

OPPOSITE SIDES ON THE MEANING OF THE PROPOSED CONSTITUTIONAL
AMENDMENT. Final Speech in the Senate on this Amendment, March
9, 1866 338

NO MORE STATES WITH THE WORD “WHITE” IN THE STATE CONSTITUTION.
Speeches in the Senate, on the Bill for the Admission of the
State of Colorado into the Union, March 12 and 13, April 17,
19, and 24, and May 21, 1866 346

OPPOSITION TO THE CONSTITUTIONAL AMENDMENT ON THE BASIS OF
REPRESENTATION. Letter to the Boston Daily Advertiser, March
15, 1866 375

A REPUBLICAN FORM OF GOVERNMENT OUR FIRST DUTY AND THE ESSENTIAL CONDITION OF PEACE.

BILLS AND RESOLUTIONS IN THE SENATE, AT THE OPENING OF THE SESSION OF CONGRESS, DECEMBER 4, 1865.

This session of Congress was occupied by Reconstruction,
especially the question of suffrage for the colored race, with
differences between Congress and President Johnson, culminating
at the next Congress in his impeachment.

Mr. Sumner, on the first day of the session, as soon as he
could obtain the floor, introduced the following measures.

A bill to carry out the principles of a republican form of government in the District of Columbia.

A bill to preserve the right of jury trial, by securing impartial jurors in the courts of the United States.

A bill to prescribe an oath to maintain a republican form of government in the Rebel States.

A bill in part execution of the guaranty of a republican form of government in the Constitution of the United States.

A bill supplying appropriate legislation to enforce the Amendment to the Constitution prohibiting Slavery.

A bill to enforce the guaranty of a republican form of government in certain States whose governments have been usurped or overthrown.

A joint resolution proposing an Amendment to the Constitution of the United States.

Concurrent resolutions declaring the adoption of the Constitutional Amendment abolishing Slavery.

Resolutions declaring the duties of Congress in respect to guaranties of the National Security and the National Faith in the Rebel States.

Resolutions declaring the duty of Congress, especially in respect to loyal citizens in the Rebel States.

This series of propositions attracted the attention of the
country. Expressions of sympathy and gratitude were abundant.
Colored fellow-citizens at Philadelphia addressed Mr. Sumner in
earnest words.

“PHILADELPHIA, PA., December 6, 1865.

“HON. CHARLES SUMNER:--

“DEAR SIR,--At a large and enthusiastic meeting of the
colored citizens of this city, held in the Philadelphia
Institute this evening, the undersigned were charged with
the duty of conveying to you, in behalf of twenty-five
thousand disfranchised Americans here, their most heartfelt
gratitude for the noble, fearless, patriotic stand taken
by you at the opening of the present Congress. No day of
our lives seems brighter than that upon which the foremost
champion of Freedom boldly directs the attention of the
nation to a series of clear, sound, statesmanlike measures
looking to the complete enfranchisement of America.

“We speak but faintly, though truthfully, when we say
that four millions of Americans will ever cherish with
the warmest gratitude of their hearts, and hand down as
a precious legacy to their children, the name of Charles
Sumner,--Charles Sumner, who has at all times and under all
circumstances, even when friends faltered and foes exulted,
stood firm, unflinching, immovable, _uncompromising_, on
the rock of Justice and Liberty.

“God bless the Christian gentleman and scholar, the ablest
of American statesmen! God bless the noble, spotless man,
Charles Sumner! is the fervent prayer of four millions of
disfranchised Americans, not less than of

“Yours, admiringly and sincerely,

“EBENEZER D. BASSETT,[1]
ISAIAH C. WEAR,
NATHANIEL W. DEPEE.”

Parker Pillsbury, the devoted Abolitionist, wrote at once from
the office of the _Antislavery Standard_, in New York:--

“No need of many words to-day. Your openings yesterday were
sublime,--a genuine Apocalypse! God grant it be but the
key-note to the grandest oratorio ever performed by less
than the morning stars and all the sons of God shouting
together!”

Rev. Joshua Leavitt, an editor of the New York _Independent_,
and a constant Abolitionist of great practical sense, wrote
from New York:--

“We look to you to forbear when necessary, and to dare when
the time is right.”

William Lloyd Garrison, an honored leader in the long warfare
with Slavery, who had just returned from a lecture tour in the
West as far as the Mississippi, wrote from Boston:--

“I have found but one opinion, whether the test was made
publicly or privately, in regard to that _questio vexata_,
Reconstruction,--and that is, that not one of the revolted
States should be admitted into the Union without being put
under a longer probation.… Thanks for your prompt action
and untiring vigilance in this matter, in the series of
resolutions presented by you to the Senate.”

William E. Walker wrote from Trenton, New Jersey:--

“You have ever been in the foremost rank in guarding and
defending the rights of the colored people of this country
with a sacred jealousy. I hail with inexpressible joy
your manly, bold, and intelligent avowal of their civil
and political rights, on the opening of the session of
Congress. I feel assured that they will be opposed, and
strongly opposed; but God grant to you, and the other
fearless champions of Freedom’s cause, strength and ability
to successfully defeat all opposition!”

Hon. Theophilus Parsons, the learned Law Professor and law
writer, wrote from Cambridge:--

“Congress has hard work before it,--about as hard as
Grant had to take Richmond; but I suppose it will be done
somehow.”

Hon. Charles W. Upham, a scholar and writer, formerly
Representative in Congress from the Essex District in
Massachusetts, wrote from Salem:--

“Stick to the noble ground you have taken, and let reason
and events put the President in harmony with you and the
people.”

With such voices from the people the great work of the session
began.

The bad spirit which belonged to the days of Slavery seemed
also to return. The following, to Mr. Sumner from ----, dated
“Paymaster General’s Office, Washington, December 11, 1865,”
recalled other days.

“I conceive it to be my duty to impart the following
information, in which you may be interested.

“Calling your name yesterday, in conversation with a
citizen of this city, he casually remarked that you
would probably be killed before the expiration of this
session,--that two or three were sworn against you.

“I paid no apparent attention to the remark at the time,
nor asked any question with regard to it; but, if I can
serve you in the matter any further, I am at your command.”

Mr. Sumner did not notice this letter, or follow it with any
inquiry. He was accustomed to such reports.

COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA.

BILL IN THE SENATE, DECEMBER 4, 1865.

A Bill to carry out the principles of a Republican form of Government in the District of Columbia.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That no person, in other respects qualified to vote within the District of Columbia, shall be excluded from that right by reason of race or color.

SEC. 2. _And be it further enacted_, That any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall refuse to receive or shall reject the vote of any person entitled to such right under this Act, shall be liable to an action of tort by the person injured, and shall be liable, upon indictment and conviction, if such act was done knowingly, to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year, or to both. And where the person injured is of African descent, one half the jury impanelled to try the action or indictment shall be of African descent.

SEC. 3. _And be it further enacted_, That any person who shall molest any person entitled to vote under this Act, in the exercise of such right, shall, upon indictment and conviction, be liable to a fine not exceeding three thousand dollars, or to imprisonment for a term not exceeding six months, or to both; and if the person molested was of African descent, one half the jury impanelled to try the indictment shall be of African descent.

This bill was read, passed to a second reading, and ordered to
be printed.

December 6th, on motion of Mr. Sumner, it was referred to the
Committee on the District of Columbia.

* * * * *

At the formation of the Committee, Mr. Sumner became, for
the first time, a member of the Standing Committee on the
District of Columbia. According to usage in the Senate, the
Standing Committees are formed in a caucus of the predominant
political party, acting on the report of a Nominating Committee
appointed by the caucus. At the opening of the present
session Mr. Sumner was a member of the Nominating Committee.
While occupied in arranging the Committee on the District
of Columbia, he remarked that his only wish with regard to
this Committee was, that it should be so constituted as to
report in favor of suffrage without distinction of color in
the District. Mr. Sherman, of Ohio, who was a member of the
Nominating Committee, said at once, “Then you must go on it.”
Mr. Sumner replied, that he was much occupied on the Committee
on Foreign Relations, of which he was Chairman, but that, if
the Nominating Committee chose to assign him this new duty,
he could not decline it. He was accordingly placed on this
Committee, where he continued until the opening of the session
in December, 1872, when, at his own request, founded on ill
health, he was excused from all service on committees.

The members of the Committee were Mr. Morrill, of Maine,
Chairman, Mr. Wade, of Ohio, Mr. Willey, of West Virginia, Mr.
Sumner, Mr. Henderson, of Missouri, Mr. Yates, of Illinois,
and Mr. Riddle, of Delaware. At the earliest meeting of the
Committee, Mr. Wade’s bill to regulate the franchise in
the District of Columbia, being first on the calendar, was
proceeded with. At once the question arose of a general bill
regulating suffrage in the District. To relieve the Committee
from this embarrassment, and reach a prompt conclusion on
the main question, Mr. Sumner moved, “That the Committee
will report a bill simply prohibiting any exclusion from the
elective franchise on account of color, with proper provisions
to carry out this prohibition, and without undertaking to
regulate the qualifications.” This motion was adopted.

* * * * *

December 20th, Mr. Morrill reported Mr. Wade’s bill with
amendments, and, in reply to inquiry from Mr. Sumner, said that
he was “inclined to call it up at the earliest possible time,
but probably not before the contemplated adjournment [for the
holidays].” Mr. Sumner then said:--

“I am very glad my excellent friend proposes to proceed
with the consideration of that measure at an early day. I
believe the country requires promptitude in such act of
justice.”

* * * * *

January 10, 1866, the Senate, on motion of Mr. Morrill,
proceeded with the bill, and adopted several of the amendments.
An amendment providing that the elector “shall be able to read
the Constitution of the United States in the English language,
and write his name,” excited discussion, when the bill, on
motion of Mr. Yates, was recommitted.

January 12th, Mr. Morrill reported the original bill with an
amendment as a substitute. January 16th, it was taken up for
consideration, when Mr. Davis, of Kentucky, spoke at length
against it. From that date until June 27th it was not resumed,
but the Senate during this interval heard suffrage discussed,
especially on the Constitutional Amendment concerning
representation. At the latter date it was taken up, on motion
of Mr. Morrill. In the substitute there was no requirement of
reading and writing as a qualification; but Mr. Morrill moved
the amendment on this subject which had been reported before.
On this important proposition the vote stood, Yeas 15, Nays 19.
So it was rejected. After an elaborate speech from Mr. Willey,
in which he proposed a qualified suffrage, the bill went over
to another day, but was not resumed until the next session of
Congress. The pressure of business, the fact that there would
be no election until after the next session, the growing sense
that the suffrage must be without educational qualification,
and the uncertainty of carrying such a bill over the veto of
the President, were the reasons for this delay.

* * * * *

Meanwhile, after a debate of several days, the House of
Representatives, on the 18th of January, passed a short bill,
striking the word “white” from the election laws of the
District, and declaring that no person should be disqualified
on account of color.

* * * * *

December 3, 1866, being the first day of the session, Mr.
Sumner moved that the Senate proceed with the consideration of
the Suffrage Bill, and then remarked:--

“It will be remembered that this bill was introduced on the
first day of the last session,--that it was the subject of
repeated debate in this Chamber,--that it was more than
once referred to the Committee on the District of Columbia,
by whose chairman it was reported back to the Senate. At
several different stages it was supposed that we were about
to reach a final vote. The country expected that vote. It
was not had. It ought to have been had. And now, Sir, I
think it best for the Senate, in this very first hour of
its coming together, to put that bill on its passage. It
has been thoroughly debated. Every Senator has made up his
mind. There is nothing more to be said on either side. So
far as I am concerned, I am perfectly willing that the vote
shall be taken without one further word; but I think that
the Senate ought not to allow the bill to be postponed. We
should seize this first occasion to put the bill on its
passage. The country expects it; the country will rejoice
and be grateful, if you will signalize this first day of
your coming together by this beautiful and generous act.”

The Chair, after recognizing the motion, ruled it not in order,
according to a former precedent.

* * * * *

December 10th, on motion of Mr. Morrill, the Senate proceeded
with the Suffrage Bill. Mr. Sumner joined in urging it:--

“Let us, so far as the Senate can do it, give suffrage to
the colored race in the District; let us signalize this
first day of actual business by finishing this great act.”

Debate ensued for four days, in which Mr. Morrill, Mr. Willey,
of West Virginia, Mr. Wilson, of Massachusetts, Mr. Pomeroy, of
Kansas, Mr. Anthony, of Rhode Island, Mr. Williams, of Oregon,
Mr. Cowan, of Pennsylvania, Mr. Wade, of Ohio, Mr. Yates, of
Illinois, Mr. Reverdy Johnson, of Maryland, Mr. Gratz Brown, of
Missouri, Mr. Davis, of Kentucky, Mr. Sprague, of Rhode Island,
Mr. Buckalew, of Pennsylvania, Mr. Doolittle, of Wisconsin,
Mr. Dixon, of Connecticut, Mr. Saulsbury, of Delaware, Mr.
Foster, of Connecticut, Mr. Frelinghuysen, of New Jersey, Mr.
Hendricks, of Indiana, Mr. Lane, of Indiana, and Mr. Sumner,
took part. The remarks of the last will appear in their proper
place, according to date.[2] Among the amendments considered
was one by Mr. Cowan to strike out the word “male,” so as to
open suffrage to women, which was rejected,--Yeas 9, Nays
37. The amendment by Mr. Dixon, making reading and writing a
qualification, was also rejected,--Yeas 11, Nays 34.

December 13th, the bill passed the Senate,--Yeas 32, Nays
13. The announcement of its passage was followed by applause
in the galleries. On the next day the bill passed the other
House,--Yeas 128, Nays 46.

January 7, 1867, the bill passed the Senate over the veto of
President Johnson, by a two-thirds vote,--Yeas 29, Nays 10.
On the next day it passed the other House by a two-thirds
vote,--Yeas 113, Nays 38. And so it became a law, and also a
model for similar legislation in the reconstruction of the
Rebel States.

IMPARTIAL JURORS FOR COLORED PERSONS.

BILL IN THE SENATE, DECEMBER 4, 1865.

A Bill to preserve the right of trial by jury, by securing
impartial jurors in the Courts of the United States.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That in the courts of the United States in any State, whereof, according to the census Anno Domini eighteen hundred and sixty, one sixth part or more of the population was of African descent, every grand jury shall consist one half of persons of African descent who shall possess the other qualifications now required by law; and when the matter to be tried relates to any injury inflicted by a person of African descent upon a person not of such descent, or _vice versa_, or to any claim, suit, or demand between a person of such descent and one not of such descent, every petit jury shall consist one half of persons of African descent possessing the other qualifications now required by law. Upon any such trial, prejudice against persons of African descent, or against persons not of such descent, shall be ground of challenge, and, being established by proof, to the satisfaction of the judge, shall exclude the juror. And upon any such trial, inability to read or write shall be ground of challenge, and, the fact being found by the judge, shall exclude the juror.

This bill was read, passed to a second reading, and ordered to
be printed.

December 13th, it was read a second time, and, on motion of Mr.
Sumner, referred to the Committee on the Judiciary.

Towards the end of the session, July 7, 1866, it was reported
adversely by Mr. Trumbull, and, on his motion, indefinitely
postponed.

* * * * *

This effort to secure recognition of colored persons on juries
was suggested by the ancient jury _de Medietate Linguæ_, first
given by the statute of 28th Edward III., cap. 13, and used in
cases where one party was a foreigner and the other a denizen.
There were other cases where an analogous jury was impanelled,
as in a criminal trial in the University courts, where the
jury was half freeholders of the county, and half matriculated
laymen of the University.[3]

OATH TO MAINTAIN A REPUBLICAN FORM OF GOVERNMENT IN THE REBEL STATES.

BILL IN THE SENATE, DECEMBER 4, 1865.

A Bill prescribing an oath to maintain a Republican form of
Government in the Rebel States.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That hereafter every person in any State lately declared to be in rebellion, before he shall be allowed to vote at any election, State or National, or before he shall enter upon the duties of any office, State or National, or become entitled to the salary or other emoluments thereof, shall take and subscribe an oath or affirmation to maintain a republican form of government, as follows: “I do hereby swear (or affirm) that I will at all times hereafter use my best endeavors to maintain a republican form of government in the State of which I am an inhabitant, and in the Union of the United States; that I will at all times recognize the indissoluble unity of the Republic, and will always discountenance and resist any endeavor to break away or secede from the Union; that I will give my influence and vote at all times to strengthen and sustain the national credit; that I will always discountenance and resist any attempt, directly or indirectly, to repudiate or postpone, in any part or in any way, either the debt contracted by the United States in subduing the late Rebellion or the obligation assumed to the Union soldiers; that I will always discountenance and resist any laws making any distinction of race or color; and that in all ways I will strive to maintain a State government completely loyal to the Union, where all men shall enjoy equal protection and equal rights”: which, so taken and subscribed, shall be preserved in the proper office or department, according to regulations made by the President of the United States. Any person who shall falsely take such oath shall be guilty of perjury, and, on conviction, in addition to the penalties now prescribed for that offence, shall be deprived of his office, and rendered incapable forever after of holding any office under the United States.

This bill was read, passed to a second reading, and ordered
to be printed. The same oath appears in the Scheme of
Reconstruction.[4]

PART EXECUTION OF THE GUARANTY OF A REPUBLICAN FORM OF GOVERNMENT.

BILL IN THE SENATE, DECEMBER 4, 1865.

A Bill in part execution of the guaranty of a Republican form
of Government in the Constitution of the United States.

Whereas it is declared in the Constitution that the United States shall guaranty to every State in this Union a republican form of government; and whereas certain States have allowed their governments to be subverted by rebellion, so that the duty is now cast upon Congress of executing this guaranty: Now, therefore,

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That in all States lately declared to be in rebellion there shall be no oligarchy invested with peculiar privileges and powers, and there shall be no denial of rights, civil or political, on account of race or color; but all persons shall be equal before the law, whether in the court-room or at the ballot-box. And this statute, made in pursuance of the Constitution, shall be the supreme law of the land, anything in the Constitution or laws of any such State to the contrary notwithstanding.

This bill was read, passed to a second reading, and ordered to
be printed.

* * * * *

The same bill, in another form, was introduced by Mr. Sumner,
February 2, 1866, and afterwards moved as a substitute for the
Constitutional Amendment on Representation.[5]

EQUAL RIGHTS OF COLORED PERSONS TO BE PROTECTED BY THE NATIONAL COURTS.

BILL IN THE SENATE, TO ENFORCE THE CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY, DECEMBER 4, 1865.

A Bill supplying appropriate legislation to enforce the
Amendment to the Constitution prohibiting Slavery.

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SEC. 2. _And be it further enacted_, That, if any person shall attempt to control, or shall by act or word claim any right to control, the services of any other person, contrary to the provisions of the foregoing section, the person so offending shall, upon indictment and conviction in the District Court of the United States for the district where the crime was committed, be punished by a fine not exceeding ten thousand dollars, or by imprisonment for a term not exceeding ten years, or by both, to be inflicted at the discretion of the court; and it shall be no defence, nor cause of mitigation of sentence, that such claim or attempt is sanctioned by any pretended law of a State, or any judgment of a State court. But nothing herein contained shall be held to impair any other remedy now existing by _Habeas Corpus_ or otherwise.

SEC. 3. _And be it further enacted_, That, in further enforcement of the provision of the Constitution prohibiting Slavery, and in order to remove all relics of this wrong from the States where this Constitutional prohibition takes effect, it is hereby declared that all laws or customs in such States, establishing any oligarchical privileges and any distinction of rights on account of race or color, are hereby annulled, and all persons in such States are recognized as equal before the law; and the penalties provided in the last section are hereby made applicable to any violation of this provision, which is made in pursuance of the Constitution of the United States.

SEC. 4. _And be it further enacted_, That, in further enforcement of the provision of the Constitution, the courts of the United States in the States shall have exclusive jurisdiction of all offences committed by persons not of African descent upon persons of African descent; also of all offences committed by persons of African descent; and also of all causes, suits, and demands to which any person of African descent shall be a party; and it is hereby declared that all such cases are to be treated as cases arising under the Constitution of the United States.

This bill was read, passed to a second reading, and ordered to
be printed.

December 21st, it was read a second time, and, on motion of Mr.
Sumner, referred to the Committee on the Judiciary.

January 11, 1866, Mr. Trumbull, from this Committee, reported
the “Bill to protect all persons in the United States in their
civil rights, and furnish the means of their vindication,”
which was passed, covering in part the ground of Mr. Sumner’s
bill.[6]

REPRESENTATION ACCORDING TO VOTERS.

JOINT RESOLUTION IN THE SENATE, TO AMEND THE CONSTITUTION, DECEMBER 4, 1865.

Joint Resolution proposing an Amendment of the Constitution of
the United States.

_Resolved by the Senate and House of Representatives of the United States of America in Congress assembled_ (two thirds of both Houses concurring), That the following Article be proposed to the Legislatures of the several States as an Amendment to the Constitution of the United States, which, when ratified by three fourths of such Legislatures, shall become a part of the Constitution, to wit:--

“Representatives shall be apportioned among the several States which may be included within this Union according to the number of male citizens of the age of twenty-one years having in each State the qualifications requisite for electors of the most numerous branch of the State Legislature. The actual enumeration of such citizens shall be made by the census of the United States.”

This was the first resolution of the session. It was read,
passed to a second reading, and ordered to be printed.

December 13th, on motion of Mr. Sumner, it was read a second
time, and referred to the Committee on the Judiciary.

June 20, 1866, in company with other resolutions proposing
Amendments to the Constitution, it was reported adversely by
Mr. Trumbull, and on his motion indefinitely postponed.

Meanwhile the proposition had entered largely into debate,
and had been discussed by Mr. Sumner.[7] It was superseded by
the provision on Representation in the Fourteenth Amendment
of the Constitution. When moved, June 6th, by Mr. Doolittle,
of Wisconsin, as a substitute for that clause, it was
rejected,--Yeas 7, Nays 31. The yeas were Messrs. Cowan, of
Pennsylvania, Davis, of Kentucky, Doolittle, Guthrie, of
Kentucky, Hendricks, of Indiana, Johnson, of Maryland, and
Riddle, of Delaware. It was no longer satisfactory to Mr.
Sumner, who hoped for something better. When brought forward by
him, it was in the nature of a tentative process.

SCHEME OF RECONSTRUCTION ON THE BASIS OF EQUAL RIGHTS.

BILL IN THE SENATE, TO ENFORCE THE GUARANTY OF A REPUBLICAN FORM OF GOVERNMENT IN CERTAIN STATES, DECEMBER 4, 1865.

A Bill to enforce the guaranty of a Republican form of
Government in certain States whose governments have been
usurped or overthrown.

_Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled_, That, in the States lately declared in rebellion against the United States, the President shall, by and with the advice and consent of the Senate, appoint for each a provisional governor, with pay and emoluments not exceeding those of a brigadier-general of volunteers, who shall be charged with the civil administration of such State, until a State government therein shall be recognized as hereinafter provided.

SEC. 2. _And be it further enacted_, That the provisional governor of each of such States shall direct the marshal of the United States, as speedily as may be, to name a sufficient number of deputies, and to enroll all male citizens of the United States resident in the State in their respective counties, and to request each one to take the oath to support the Constitution of the United States, and the oath to maintain a republican form of government, and in his enrolment to designate those who take and those who refuse to take the oaths, which rolls shall be forthwith returned to the provisional governor; and if the persons taking the oaths shall amount to a majority of the persons enrolled in the State, he shall by proclamation invite the loyal people of the State to elect delegates to a convention charged to declare the will of the people of the State relative to the reëstablishment of a State government, subject to and in conformity with the Constitution of the United States.

SEC. 3. _And be it further enacted_, That the oath to maintain a republican form of government shall be as follows: “I do hereby swear (or affirm) that I will at all times hereafter use my best endeavors to maintain a republican form of government in the State of which I am an inhabitant, and in the Union of the United States; that I will at all times recognize the indissoluble unity of the Republic, and will always discountenance and resist any endeavor to break away or secede from the Union; that I will give my influence and vote at all times to strengthen and sustain the national credit; that I will always discountenance and resist any attempt, directly or indirectly, to repudiate or postpone, in any part or in any way, either the debt contracted by the United States in subduing the late rebellion or the obligation assumed to the Union soldiers; that I will always discountenance and resist any laws making any distinction of race or color; and that in all ways I will strive to maintain a State government completely loyal to the Union, where all men shall enjoy equal protection and equal rights.”[8]

SEC. 4. _And be it further enacted_, That the convention shall consist of as many members as both Houses of the last constitutional State Legislature, apportioned by the provisional governor among the counties, parishes, or districts of the State, in proportion to the population returned as electors by the marshal, in compliance with the provisions of this Act. The provisional governor shall by proclamation declare the number of delegates to be elected by each county, parish, or election district; name a day of election, not less than thirty days thereafter; designate the places of voting in each county, parish, or district, conforming, as nearly as may be convenient, to the places used in the State elections next preceding the Rebellion; appoint one or more commissioners to hold the election at each place of voting; and provide an adequate force to keep the peace during the election.

SEC. 5. _And be it further enacted_, That the delegates shall be elected by the loyal male citizens of the United States of the age of twenty-one years, and resident at the time in the county, parish, or district in which they shall offer to vote, and enrolled as aforesaid, or absent in the military service of the United States, and who shall take and subscribe the oath of allegiance to the United States in the form contained in the Act of Congress of July 2, 1862, and the before recited oath to maintain a republican form of government; and all such citizens of the United States who are in the military service of the United States shall vote at the head-quarters of their respective commands, under such regulations as may be prescribed by the provisional governor for the taking and return of their votes; but no person who has held or exercised any office, civil or military, State or otherwise, under the Rebel usurpation, or who has voluntarily borne arms against the United States, shall vote or be eligible as delegate at such election.

SEC. 6. _And be it further enacted_, That the commissioners, or either of them, shall hold the election in conformity with this Act, and, so far as may be consistent therewith, shall proceed in the manner used in the State prior to the Rebellion. The oath of allegiance and the oath to maintain a republican form of government shall be taken and subscribed on the poll-book by every voter in the form above prescribed; but every person known by or proved to the commissioners to have held or exercised any office, civil or military, State or otherwise, under the Rebel usurpation, or to have voluntarily borne arms against the United States, shall be excluded, though he offer to take the oath; and in case any person who shall have borne arms against the United States shall offer to vote, he shall be deemed to have borne arms voluntarily, unless he shall prove the contrary by the testimony of a qualified voter. The poll-book showing the name and oath of each voter shall be returned to the provisional governor by the commissioners of election, or the one acting, and the provisional governor shall canvass such returns, and declare the person having the highest number of votes elected.

SEC. 7. _And be it further enacted_, That the provisional governor shall by proclamation convene the delegates duly elected, at the capital of the State, on a day not more than three months after the election, giving at least thirty days’ notice of such day. In case the capital shall in his judgment be unfit, he shall in his proclamation appoint another place. He shall preside over the deliberations of the convention, and administer to each delegate, before taking his seat in the convention, the oath of allegiance to the United States, and the oath to maintain a republican form of government, in the form above prescribed.

SEC. 8. _And be it further enacted_, That the convention shall declare, on behalf of the people of the State, their submission to the Constitution and laws of the United States, and shall adopt the following provisions, hereby prescribed by the United States in the execution of the constitutional duty to guaranty a republican form of government to every State, and incorporate them in the Constitution of the State, that is to say:--

First. No person who has held or exercised any office, civil or military, except offices merely ministerial and military offices below the grade of colonel, State or otherwise, under the usurping power, shall vote for or be a member of the legislature or governor.

Secondly. Involuntary servitude is forever prohibited, and the freedom of all persons is guarantied in such State.

Thirdly. No debt, State or otherwise, created by or under the sanction of the usurping power, shall be recognized or paid by the State.

Fourthly. No person shall enter upon any office within the gift of the people of this State, until he has first taken the oath to support the Constitution of the United States and the oath to maintain a republican form of government. And the Constitution shall prescribe forms for these oaths substantially in accordance with the forms herein provided.

Fifthly. There shall be no distinction among the inhabitants of this State founded on race, former condition, or color. Every such inhabitant shall be entitled to all the privileges before the law enjoyed by the most favored class of such inhabitants.

Sixthly. These provisions shall be perpetual, not to be abolished or changed hereafter.

SEC. 9. _And be it further enacted_, That, when the convention shall have adopted those provisions, it shall proceed to reëstablish a republican form of government, and ordain a constitution containing those provisions, which, when adopted, the convention shall by ordinance provide for submitting to the people of the State entitled to vote under this law, at an election to be held in the manner prescribed by the act for the election of delegates, but at a time and place named by the convention, at which election the electors described above, and none others, shall vote directly for or against such constitution and form of State government. And the returns of such election shall be made to the provisional governor, who shall canvass the same in the presence of the electors, and if a majority of the votes cast shall be for the constitution and form of government, he shall certify the same, with a copy thereof, to the President of the United States, who, after obtaining the assent of Congress, shall by proclamation recognize the government so established, and none other, as the constitutional government of the State; and from the date of such recognition, and after its legislature shall have ratified the Amendment to the United States Constitution abolishing slavery and prohibiting involuntary servitude, and not before, Senators and Representatives, and Electors for President and Vice-President, may be elected in such State, according to the laws of the State and of the United States.

SEC. 10. _And be it further enacted_, That, if the convention shall refuse to reëstablish the State government on the foregoing conditions, the provisional governor shall declare it dissolved; but it shall be the duty of the President, whenever he shall have reason to believe that a sufficient number of the people of the State entitled to vote under this Act, in number not less than a majority of those enrolled as aforesaid, are willing to reëstablish a State government on the foregoing conditions, to direct the provisional governor to order another election of delegates to a convention for the purpose and in the manner prescribed in this Act, and to proceed in all respects as herein before provided, either to dissolve the convention, or to certify the State government reëstablished by it to the President.

SEC. 11. _And be it further enacted_, That, until the United States shall have recognized a republican form of State government, the provisional governor in each of such States shall see that this Act, and the laws of the United States, and the laws of the State in force when the State government was overthrown by the Rebellion, are faithfully executed within the State; but no law or usage contrary to any of the provisions herein directed to be inserted in the constitution of the State shall be recognized or enforced by any court or officer in such State, and such provisions shall be regarded as already incorporated into the law of the State; and the laws for the trial and punishment of white persons shall extend to all persons, and jurors shall have the qualifications of voters under this law for delegates to the convention. The President shall appoint such officers, provided for by the laws of the State when its government was overthrown, as he may find necessary to the civil administration of the State, all which officers shall be entitled to receive the fees and emoluments provided by the State laws for such officers. And he may permit, when he deems it expedient, elections to be made of such officers by the people entitled to vote according to the provisions of this Act; such officers to have the qualifications required for voters under this Act, and to hold their offices subject to removal by him. And all such officers, whether appointed by the President or elected by the people, shall, before entering on the duties of their offices, take the oaths to support the Constitution of the United States, and to maintain a republican form of government.

SEC. 12. _And be it further enacted_, That, until the recognition of a State government as aforesaid, the provisional governor shall, under such regulations as he may prescribe, cause to be assessed, levied, and collected, for the year eighteen hundred and sixty-four, and every year thereafter, the taxes provided by the laws of such State to be levied during the fiscal year preceding the overthrow of the State government thereof, in the manner prescribed by the laws of the State, as nearly as may be; and the officers appointed as aforesaid are vested with all powers of levying and collecting such taxes, by distress or sale, as were vested in any officers or tribunal of the State government for those purposes. The proceeds of such taxes shall be accounted for to the provisional governor, and be by him applied to the expenses of the administration of the laws in such State, subject to the direction of the President; and the surplus shall be deposited in the treasury of the United States to the credit of such State, to be paid to the State upon an appropriation therefor, to be made when a republican form of government shall be recognized therein by the United States.

This was read, passed to a second reading, and ordered to be
printed.

December 21st, it was, on motion of Mr. Sumner, referred to the
Joint Committee “to inquire into the condition of the States
which formed the so-called Confederate States of America,”
known as the Reconstruction Committee, of which Mr. Fessenden
was Senate Chairman, and Mr. Stevens House Chairman.

Nothing as systematic and complete as this measure was ever
adopted. The work of Reconstruction was piecemeal.

ADOPTION OF THE CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY.

CONCURRENT RESOLUTIONS IN THE SENATE, DECLARING THE ADOPTION, DECEMBER 4, 1865.

Concurrent Resolutions declaring the adoption of the
Constitutional Amendment abolishing Slavery.

Whereas Congress, by a vote of two thirds of both Houses, did heretofore propose to the Legislatures of the several States for ratification an Amendment to the Constitution in the following words, to wit:--

“ARTICLE XIII. _Section 1._ Neither slavery nor involuntary
servitude, except as a punishment for crime whereof the party
shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

“_Section 2._ Congress shall have power to enforce this Article
by appropriate legislation.”

And whereas, at the time when such Amendment was submitted, as well as since, there were sundry States which, by reason of rebellion, were without Legislatures, so that, while the submission was made in due constitutional form to “the Legislatures of the several States,” in obedience both to the letter and spirit of the provision of the Constitution authorizing Amendments, it was not, as it could not be, made to all the States, there being a less number of Legislatures of States than there were States;

And whereas, since the Constitution expressly authorizes Amendments to be made, any construction which would render the making of them at times impossible must violate both its letter and its spirit;

And whereas, to require the ratification by States without Legislatures as well as by “the Legislatures of the States,” in order to be valid, would put it in the power of long-continued rebellion to suspend not only the peace of the nation, but its Constitution also;

And whereas the count of States in rebellion enables such States by silence to vote against the Constitutional Amendment, thus giving to their silence the same effect as a vote;

And whereas, from the terms of the Constitution and the nature of the case, it belongs to the two Houses of Congress to determine when such ratification is complete;

And whereas more than three fourths of the Legislatures to which the proposition was made have ratified such Amendment: Now, therefore,

_Be it resolved by the Senate (the House of Representatives concurring)_, That the Amendment abolishing Slavery has become and is part of the Constitution of the United States.

_Resolved_, That, notwithstanding the foregoing resolution, yet, considering the great public interest which attaches to this question, the Legislatures which have not ratified the Amendment be permitted to express their concurrence by the usual form of ratification, to be returned in the usual manner.

_Resolved_, That no one of the States, to the Legislatures of which such Amendment could not be submitted, by reason of rebellion against the United States and having no Legislatures, be permitted to resume its relations, and have its Legislature acknowledged and its Senators and Representatives admitted, until its Legislature has first ratified such Amendment in recognition of the accomplished fact.

These resolutions were read and ordered to be printed. They
were also entered at length on the Journal of the Senate.

FIVE CONDITIONS OF RECONSTRUCTION.

RESOLUTIONS IN RESPECT TO GUARANTIES OF THE NATIONAL SECURITY AND THE NATIONAL FAITH, DECEMBER 4, 1865.

Resolutions declaring the duty of Congress in respect to
guaranties of the national security and the national faith in
the Rebel States.

_Resolved_, That in order to provide proper guaranties for security in the future, so that peace and prosperity shall surely prevail, and the plighted faith of the nation be preserved, it is the first duty of Congress to take care that no State declared in rebellion shall be allowed to resume its relations with the Union until after satisfactory performance of five several conditions, which conditions precedent must be submitted to a popular vote, and be sanctioned by a majority of the people of each State respectively, as follows.

1. The complete reëstablishment of loyalty, as shown by honest recognition of the unity of the Republic, and the duty of allegiance to it at all times, without mental reservation or equivocation of any kind.

2. The complete suppression of all oligarchical pretensions, and the complete enfranchisement of all citizens, so that there shall be no denial of rights on account of race or color, but justice shall be impartial, and all shall be equal before the law.

3. The rejection of the Rebel debt, and at the same time the adoption, in just proportion, of the national debt and the national obligations to Union soldiers, with solemn pledges never to join in any measure, direct or indirect, for their repudiation, or in any way tending to impair the national credit.

4. The organization of an educational system for the equal benefit of all, without distinction of race or color.

5. The choice of citizens for office, whether State or National, of constant and undoubted loyalty, whose conduct and conversation shall give assurance of peace and reconciliation.

_Resolved_, That to provide these essential safeguards, without which the national security and the national faith will be imperilled, States cannot be precipitated back to political power and independence; but they must wait until these conditions are in all respects fulfilled.

These resolutions were read and ordered to be printed. They
were also entered at length on the Journal of the Senate.

RIGHTS OF LOYAL CITIZENS, AND A REPUBLICAN GOVERNMENT.

RESOLUTIONS IN THE SENATE, DECLARING THE DUTY OF CONGRESS, DECEMBER 4, 1865.

Resolutions declaring the duty of Congress, especially towards
loyal citizens in the Rebel States.

Whereas it is provided by the Constitution that “the United States shall guaranty to every State in this Union a republican form of government”;

And whereas there are certain States where, by reason of rebellion, no State governments are recognized by Congress;

And whereas, because of the failure of such States respectively to maintain State governments, it has become the duty of Congress, standing in the place of guarantor, where the principal has made a lapse, to provide governments republican in form for such States respectively: Now, therefore, in order to declare the duty of Congress,--

1. _Resolved_, That, whenever a convention is called in any such State for the organization of a government, the following persons have a right to be represented therein, namely: the citizens of the State who have taken no part in the Rebellion, especially all those whose exclusion from the ballot enabled others to carry the State into the Rebellion, and still more especially those who became soldiers in the armies of the Union, and by valor on the battle-field helped turn the tide of war, making the Union triumphant; and Congress must refuse to sanction the proceedings of any convention composed of delegates chosen by men recently in arms against the Union, and excluding men who perilled life in its defence, unless its proceedings have been first approved by those entitled to participate therein, as hereby declared.

2. _Resolved_, That the Constitution of the United States, being supreme over State laws and State constitutions on those matters upon which it speaks, and the duty being now imposed by it on Congress to legislate for the establishment of government in the States where government is overthrown, it is hereby declared that no supposed State law or State constitution can be set up as an impediment to the national power in the discharge of its duty.

3. _Resolved_, That, since also it has become the duty of Congress to determine what is a republican form of government, it is hereby declared that no government of a State recently in rebellion can be accepted as republican, where large masses of citizens always loyal to the United States are excluded from the elective franchise, and especially where wounded soldiers of the Union, with kindred and race, and also the kindred of others whose bones whiten battle-fields on which they died for country, are thrust from the polls to make place for the men by whose hands came wounds and death; more particularly where, as in some of those States, the result would be to disfranchise the majority of citizens always loyal, and give to the oligarchical minority recently engaged in rebellion power to oppress the loyal majority, even to the extent of driving them from home, and depriving them of all opportunity of livelihood.