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.