Secondly. That no inhabitant shall be molested in person or property on account of religious worship.
Thirdly. That the unappropriated public lands shall remain at the sole disposition of the United States, without being subject to local taxation, and that land of non-residents shall never be taxed higher than that of residents.
Read the Act, and you will find these conditions. Does any Senator doubt their validity? Impossible.
But this is not all. In addition to these three conditions are three others, which in order, if not in importance, stand even before these. They are contained in words already quoted, but strangely forgotten in this debate:—
“That the constitution, when formed, shall be republican, and not repugnant to the Constitution of the United States and the principles of the Declaration of Independence.”
Consider this clause: you will find it contains three conditions, each of vital force.
First. The constitution must be “republican.” It does not say “in form” merely, but “republican”: of course “republican” in substance and reality.
Secondly. The constitution must be “not repugnant to the Constitution of the United States.” But surely any constitution which contains a discrimination of rights on account of color must be “repugnant” to the Constitution of the United States, which contains no such discrimination. The text of the National Constitution is blameless; but the text of this new constitution is offensive. Hence its repugnancy.
Thirdly. The constitution must be “not repugnant to the principles of the Declaration of Independence.” These plain words allow no equivocation. Solemnly you have required this just and noble conformity. But is it not an insult to the understanding, when you offer a constitution which contains a discrimination of rights on account of color?
Now in all these three requirements, so authoritatively made the conditions of the new constitution, Nebraska fails, wretchedly fails. It is vain to say that the people there were not warned. They were warned. These requirements were in the very title-deed under which they claim.