7. That any such recognition of Slavery, or surrender of pretended slaves, besides being a practical recognition of the pretended Governments, giving them aid and comfort, is a denial of the rights of persons who by the action of the States have become free, so that, under the Constitution, they cannot again be enslaved.
8. That allegiance from the inhabitant and protection from the Government are corresponding obligations, dependent upon each other; so that, while the allegiance of every inhabitant of this territory, without distinction of class or color, is due to the United States, and cannot in any way be defeated by the action of any pretended Government, or by any pretence of property or claim to service, the corresponding obligation of protection is at the same time due from the United States to every such inhabitant, without distinction of class or color; and it follows that inhabitants held as slaves, whose paramount allegiance is to the United States, may justly look to the National Government for protection.
9. That the duty cast upon Congress by the action of the States is enforced by the positive requirement of the Constitution, that “no State shall enter into any confederation,” or, “without the consent of Congress, keep troops or ships of war in time of peace,” or “enter into any agreement or compact with another State,” or “grant letters of marque and reprisal,” or “coin money,” or “emit bills of credit,” or, “without the consent of the Congress, lay any imposts or duties on imports or exports,” all of which have been done by these pretended Governments, and also by the positive injunction of the Constitution, addressed to the Nation, that “the United States shall guaranty to every State in this Union a republican form of government”; and that, in pursuance of this duty cast upon Congress, and further enjoined by the Constitution, Congress will assume complete jurisdiction of such vacated territory, where such unconstitutional and illegal things have been attempted, and will proceed to establish therein republican forms of government under the Constitution, and, in the execution of this trust, will provide carefully for the protection of all the inhabitants thereof, for the security of families, the organization of labor, the encouragement of industry, and the welfare of society, and will in every way discharge the duties of a just, merciful, and paternal Government.
When the reading was completed, Mr. Sumner asked that the resolutions be printed and laid upon the table, adding that at some future day he hoped to call them up for consideration. Then ensued a scene not inaptly called a “flurry,” with regard to the disposition of the resolutions,—some wishing their reference to a committee, where they would be out of the way, and others wishing them laid on the table, so as to avoid present debate. Mr. Sumner made the latter motion, so as to keep them on the calendar of the Senate.
Mr. Davis, of Kentucky, moved at once their reference to the Committee on the Judiciary. But the motion to lay on the table had precedence. Mr. Sherman, of Ohio, said: “I do not think we ought to take time now in discussing this question.” Mr. Anthony, of Rhode Island, said: “If the motion to lay on the table be lost, the motion to refer will be debatable. I vote ‘yea.’” The motion of Mr. Sumner prevailed,—yeas 21, nays 15.
Chief among the nays were the Democrats and the ordinary revilers of Antislavery movements; but the division did not indicate definite opinions on the resolutions. It was in no sense an adverse vote, although often cited as such by hostile partisans, which was the more curious as Mr. Sumner voted with the majority.
February 13th, Mr. Davis introduced a series of counter resolutions, eight in number, which were ordered to lie on the table and be printed. Their special object was the protection of loyal persons, so that no form of confiscation or forfeiture should reach them,—meaning, of course, protection against Emancipation,—“whilst inflicting on the guilty leaders condign and exemplary punishment, granting amnesty and oblivion to the comparatively innocent masses.”
The difference developed here entered into subsequent debates. Mr. Sumner regarded Slavery as the great offender, besides being a constant wrong, and he wished it destroyed completely. Others sought to confine the sphere of Emancipation to the slaves of Rebels.
After certain Senatorial protests at a subsequent day, the question of Congressional power, presented by the resolutions, and involving Reconstruction, dropped out of sight, partly because the Proclamation of Emancipation provided a method against Slavery, and partly because Rebel resistance and the cloud which soon afterwards lowered upon our arms prevented Reconstruction from becoming what was called “a practical question,” except to those who, anticipating the future, saw how much would be gained by a sure rule capable of immediate application as the national power prevailed.