Volume 13 — CARRYING OUT THE GUARANTY OF REPUBLICAN GOVERNMENT, AND ENFORCEMENT OF THE PROHIBITION OF SLAVERY.

Joint Resolution in the Senate, February 2, 1866.

The following joint resolution, introduced February 2d, is a modification of a bill introduced at the beginning of the session.[38]

Joint Resolution carrying out the guaranty of a Republican Form of Government in the Constitution of the United States, and enforcing the Constitutional Amendment for the Prohibition of Slavery.

Whereas it is provided in the Constitution, that the United States shall guaranty to every State in this Union a republican form of government;

And whereas, by reason of the failure of certain States to maintain governments which Congress can recognize, it has become the duty of the United States, standing in the place of guarantor where the principal has made a lapse, to secure to such States, according to the requirement of the guaranty, governments republican in form;

And whereas, further, it is provided in a recent Constitutional Amendment, that Congress may “enforce” the prohibition of Slavery by “appropriate legislation,” and it is important to this end that all relics of Slavery should be removed, including all distinction of rights on account of color:

Now, therefore, to carry out the guaranty of a republican form of government, and to enforce the prohibition of Slavery,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in all States lately declared to be in rebellion there shall be no oligarchy, aristocracy, caste, or monopoly invested with peculiar privileges or powers, and there shall be no denial of rights, civil or political, on account of race or color; but all persons shall be equal before the law, whether in the court-room or at the ballot-box. And this statute, made in pursuance of the Constitution, shall be the supreme law of the land, anything in the Constitution or laws of any such State to the contrary notwithstanding.

The joint resolution was printed and laid on the table. Mr. Sumner gave notice that at the proper time he should move it as a counter proposition to the resolution of the House of Representatives proposing a Constitutional Amendment.[39]