February 25th, the Senate proceeded with the resolution, when Mr. Sumner sent to the Chair resolutions which he proposed to offer as a substitute, declaring the duty of the States to guaranty republican governments in the Rebel States on the basis of the Declaration of Independence,—being the next article in this volume.
Mr. Howard, of Michigan, made an elaborate speech against the resolution, and Mr. Reverdy Johnson, of Maryland, for it. The latter asked: “Are these States to be governed as provinces? That is the idea of the honorable member from Massachusetts.… Will the honorable member deny that it would be in the power of Massachusetts now to exclude the black? I suppose not; and yet, if by an Act of Congress you place it out of the power of the seceded States, when they come back, under the authority of that Act, to change the qualifications of electors, they will not come back as the equals of Massachusetts.” Then ensued a colloquy.
Mr. Sumner. Allow me to ask the Senator, whether, in his opinion, the Ordinance governing the Northwest Territory, prohibiting Slavery, and declared to be a perpetual compact, could be set aside by any one of the States formed out of the Territory now.
Mr. Johnson. I certainly think they can, except so far as rights are vested.
Mr. Sumner. The Senator, then, thinks Ohio can enslave a fellow-man?
Mr. Johnson. Just as much as Massachusetts can.
Mr. Sumner. Massachusetts cannot.
Mr. Johnson. Why not?
Mr. Sumner. Massachusetts cannot do an act of injustice.