Provision should be made to invalidate the decrees of court in the Rebel States which have not been voluntarily executed. This is necessary for the protection of loyal persons. Look, for instance, at Texas, where, according to recent report, immense sums have been taken by unjust decrees. If the remedy is not applied now, it is doubtful if the opportunity will not be lost forever.
In submitting a constitution to the people, it seems to me advisable that it should not be complicated by any election of officers, State or National, but that all elections should be postponed until after approval of the constitution by Congress.
There should also be penalties for the violation of the Act. The pardon of the President must not be allowed to confer a title to vote; and since officials have shown such a disposition to impair the efficacy of an Act by interpretation, reducing it to a mere shadow, we ought to provide that it shall be interpreted liberally.
In making these propositions, I ask that you should not hesitate simply because they may not be embraced within the terms of the original Acts. I would do now all that we can to make this measure of Reconstruction just and beneficent. I know no other rule worthy of the Senate or adequate to the occasion.
In carrying out these ideas, I propose to offer several amendments, which I will send to the Chair in order. I begin by an amendment as an additional section:—
“And be it further enacted, That every constitution in the Rebel States shall require the Legislature to establish and sustain a system of public schools open to all, without distinction of race or color.”
Mr. Trumbull objected to the amendment as not in order under the rule limiting the business of the session. The question of order was submitted to the Senate, and the amendment was ruled out of order,—Yeas 11, Nays 22.
Mr. Sumner then moved the following amendment, which he was sure must be in order, even under the stringent rule of the Senate:—
“Provided, That no person shall be disqualified as member of any board of registration by reason of race or color.”
Mr. Conkling, of New York, inquired “whether there is any doubt upon the law, as it stands now, that men otherwise qualified are eligible, notwithstanding they are black.” Mr. Sumner replied:—