Volume 13 — 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.

3. Resolved, That, since also it has become the duty of Congress to determine what is a republican form of government, it is hereby declared that no government of a State recently in rebellion can be accepted as republican, where large masses of citizens always loyal to the United States are excluded from the elective franchise, and especially where wounded soldiers of the Union, with kindred and race, and also the kindred of others whose bones whiten battle-fields on which they died for country, are thrust from the polls to make place for the men by whose hands came wounds and death; more particularly where, as in some of those States, the result would be to disfranchise the majority of citizens always loyal, and give to the oligarchical minority recently engaged in rebellion power to oppress the loyal majority, even to the extent of driving them from home, and depriving them of all opportunity of livelihood.

4. Resolved, That, where, by reason of rebellion, there is a lapse in the State government, and it becomes the duty of Congress to provide a government, none can be accepted as “a republican form of government,” where numerous native-born citizens, charged with no crime and no failure of duty, and compelled to pay taxes, are left wholly unrepresented; and especially where a particular race is singled out and denied representation, although compelled to pay taxes; more especially where such race constitutes the majority of the citizens, and the enfranchised minority has for the time forfeited its rights by rebellion; and more especially still, where by such exclusion the oligarchical enemies of the Republic can practically compel it to break faith with national soldiers and national creditors, to whose generosity it was indebted during a period of peril.

These resolutions were read and ordered to be printed. They were also entered at length on the Journal of the Senate.