There are reasons assigned by the President which are applicable and sufficient. There is at least one other assigned by him which is inapplicable, and, of course, insufficient. When he objects to the reception of a new State with so small a population as Colorado, to exercise equal power, legislative, diplomatic, and executive, with New York, in this Chamber,—and when again he objects to this new State on the ground that the people there are not yet ripe and ready for the responsibilities of a State government,—clearly, in these two cases he has reason on his side. All that he says is at once applicable and sufficient. But I must be pardoned, if I cannot adopt his other reason,—that we should not undertake to admit new States while our late Rebel States are still unrepresented in Congress. This reason is obviously inapplicable, and, of course, insufficient. He might as well object to the validity of elections because criminals have not been let out of the prisons and penitentiaries to vote. States hardly yet washed clean from the blood of rebellion cannot expect to be received instantly into the great copartnership of the National Government. For the present, the business must be done by the loyal members.
There is another reason, at once applicable and sufficient, which the President has forgotten to assign. That he should forget it may seem strange, when we consider, that, on an important occasion in Tennessee, standing on the steps of the Capitol, he openly announced himself as the “Moses” of an oppressed race. But, Sir, are we not told by the poet that the soul can reach heights which it cannot keep? Clearly, in this utterance, so grandiose in promise, our President reached heights he has not been able to keep. He is mortal, and the early inspiration has passed from him. Had it been otherwise, he would not have forgotten to rebuke this young Colorado coming forward with a constitution that openly sets at nought that equality of rights which attaches to the loyal citizens of an oppressed race. Here is reason enough for the rejection. As in times past there has been the cry, “No more Slave States!” the cry now must be, “No more States with the word ‘white’!” I trust the Territories west of the Mississippi will take notice, and govern themselves accordingly.
At the next session, another bill was promptly introduced by Mr. Wade, and then reported by him from the Committee on Territories. Meanwhile a bill for the admission of Nebraska was taken up, and, after a protracted discussion, in which Mr. Sumner took part, that Territory was admitted as a State, on the fundamental condition of Equal Rights.[280]
January 9, 1867, immediately on the passage of the Nebraska Bill in the Senate, the bill for the admission of Colorado was taken up. The proviso requiring equal rights as a fundamental condition was adopted,—Yeas 21, Nays 18,—and the bill then passed the Senate,—Yeas 23, Nays 11,—Mr. Sumner voting in the affirmative.
January 15th, in the House of Representatives, the proviso adopted by the Senate was changed so as to require the assent of the State Legislature,—Yeas 84, Nays 65,—and the bill then passed the House,—Yeas 90, Nays 60. The Senate concurred, but President Johnson returned the bill with his objections.
March 1st, on the question of the passage of the bill, notwithstanding the objections of the President, the vote stood, Yeas 29, Nays 19. Two thirds not having voted for the bill, it did not become a law. Nebraska was more fortunate.
Although Colorado failed to be admitted as a State, the long and earnest debate was not without result. The power of Congress to require Equal Rights as a fundamental condition was affirmed.