Resolutions in the Senate, February 25, 1865.
While the resolution recognizing the existing State government of Louisiana was under consideration, Mr. Sumner introduced the following resolutions, which, on his motion, were ordered to be printed. He gave notice that at the proper time he should move them as a substitute for the pending resolution. But before the proper time the Louisiana resolution was postponed, and it fell with the session.
Resolutions declaring the duty of the United States to guaranty Republican Governments in the Rebel States, on the basis of the Declaration of Independence; so that the new Governments shall be founded on the consent of the governed, and the Equality of all persons before the Law.
Resolved, That it is the duty of the United States, by Act of Congress, at the earliest practicable moment consistent with the common defence and the general welfare, to reëstablish republican governments in those States where loyal governments have been vacated by the existing Rebellion, and thus, to the full extent of their power, fulfil the requirement of the Constitution, that “the United States shall guaranty to every State in this Union a republican form of government.”
2. That this important duty is positively imposed by the Constitution on “the United States,” and not on individuals or classes of individuals, or on any military commander or executive officer, and cannot be intrusted to any such persons, acting, it may be, for an oligarchical class, and in disregard of large numbers of loyal people; but it must be performed by the United States, represented by the President and both Houses of Congress, acting for the whole people.
3. That, in determining the extent of this duty, and in the absence of any precise definition of the term “republican in form,” we cannot err, if, when called to perform this guaranty, we adopt the self-evident truths of the Declaration of Independence as an authoritative rule, and insist that in every reëstablished State the consent of the governed shall be the only just foundation of government, and all persons shall be equal before the law.
4. That, outside the Declaration of Independence, it is plain that any duty imposed by the Constitution must be performed in conformity with justice and reason, and in the light of existing facts; that therefore, in the performance of this guaranty, there can be no power under the Constitution to disfranchise loyal people, or to recognize any such disfranchisement, especially when it may hand over the loyal majority to the government of the disloyal minority; nor can there be any power under the Constitution to discriminate in favor of the Rebellion by admitting to the electoral franchise Rebels who have forfeited all rights, and excluding loyal persons who have never forfeited any right.
5. That the United States, now at a crisis of history called to perform this guaranty, will fail in duty under the Constitution, should they allow the reëstablishment of any State without proper safeguards for the rights of all the citizens, and especially without making it impossible for Rebels in arms against the National Government to trample upon the rights of those fighting the battles of the Union.
6. That the path of justice is also the path of peace, and that for the sake of peace it is better to obey the Constitution, and, in conformity with the guaranty, to reëstablish State governments on the consent of the governed, and the equality of all persons before the law, to the end that the foundations may be permanent, and that no loyal majorities may be again overthrown or ruled by any oligarchical class.