CONGRESS, UNITED STATES. 



125 



Legislature of Now Jersey, protesting against 



tin- riirlit of Mr. Stockton to take his sea' 

 in a Senator. I do not desire to raise the ques- 

 tion as to whether he inny not bo sworn, l>c- 

 <-au<e I believe his credentials are prima facia 

 willicieiit lor that purpose; but I desire that 

 [laprrs may ho laid I u-t'oro the Senate and 

 ivl'd-ivd to tho Committee on the Judiciary 

 when that committee shall bo organized, in 

 order that tho prayer of tho memorialists may 

 bo heard, and such order taken upon it as tho 

 Senate in their wisdom may decree." 



The protest was received and laid upon tho 

 table, lor future reference to tho Committee on 

 tho Judiciary, and the oath was administered to 

 Mr. Stockton. 



Mr. Sumnor, of Massachusetts, submitted the 

 following concurrent resolution declaratory of 

 the adoption of tho constitutional amendment 

 abolishing slavery, which was laid on tho table 

 nnd ordered to be printed : 



Whereas, the Congress, by a vote of two-thirds of 

 both Houses, did heretofore propose to the Legisla- 

 tures of the several States, for ratification, an amend- 

 ment to the Constitution in the following words, to 

 wit: 



"ARTICLE XIII. Sec. 1. Neither slavery nor involun- 

 tary servitude, except as a punishment for crime, 

 whereof the party shall have been duly convicted, 

 Bhull exist within the United States, or any place 

 subject to their jurisdiction. 



"Sec. 2. Congress shall have power to enforce this 

 article by appropriate legislation." 



And whereat, at the time when such amendment 

 was submitted as well as since, there were sundry 

 States which, by reason of rebellion, were without 

 Legislatures, so that, while the submission was made 

 in due constitutional form, it was not, as it could not 

 be, made to all the States, but to " the Legislatures 

 of the several States," in obedience both to the let- 

 ter and spirit of the provision of the Constitution au- 

 thorizing amendments, there being a less number of 

 Legislatures of States than there were States ; and 

 whereas, since the Constitution expressly authorizes 

 amendments to be made, any construction thereof 

 which would render the making of amendments at 

 times impossible, must violate both its letter and its 

 spirit; and whereas, to require the ratification to be 

 bv States without Legislatures as well as by " the Le- 

 gislatures of the States," in order to be pronounced 

 valid, would put it in the power of a long-continued 

 rebellion to suspend, not only the peace of the na- 

 tion, but its Constitution also ; and whereas, from tho 

 terms of the Constitution, and tho nature of the case, 

 it belongs to the two Houses of Congress to determine 

 when such ratification is complete ; and whereas 

 more than three-fourths of the Legislatures to which 

 the proposition was made have ratified such amend- 

 ment : Now, therefore, 



Be it resolved^ by the Senate (the House of Represent- 

 atives concurring), That the amendment abolishing 

 slavery has become, and is, a part of the Constitution 

 of the United States. 



Resolved, That notwithstanding the foregoing res- 

 olution, and considering the great public interest 

 which attaches to this question, the Legislatures 

 which have not ratified the amendment, be permitted 

 to express their concurrence therein by the usual 

 form of ratification, to be returned in the usual 

 manner. 



Resolved, That no one of the States, to the Legisla- 

 ture of which such amendment could not be submit- 

 ted, by reason of its being in rebellion against the 

 United States, and haying no Legislature, be permit- 

 ted to resume its relations, and have its Legislature 



acknowledged, and its Senator! and Representatives 

 admin. <l, until its Legislature shall hare first ratified 

 such amendment in recognition of the accomplished 

 bet 



Mr. Sumncr also submitted tho following 

 resolutions, which were laid over : 



Resolutions declaratory of the doty of Congress In rtspect to 



I'linruntli'.s nt the national security and the national faith 

 in tli..- rebel States. 



Retained, That, in order to provide proper guaran- 

 ties for security in the future, HO that peace and pros- 

 perity shall surely prevail, and the plighted faith of 

 the nation shall be preserved, it is the first duty of 

 Congress to take care that no State declared to be in 

 rebellion shall bo allowed to resume its relations to 

 the Union until after tho satisfactory performance of 

 five several conditions, which conditions precedent 

 must be submitted to a popular vote, and be sanc- 

 tioned by a majority of the people of each State re- 

 spectively, as follows : 



1. The complete re6stablishment of loyalty, aa 

 shown by an honest recognition of the unity of the 

 Republic, and the duty of allegiance to it at all times, 

 without mental reservation or equivocation of any 

 kind. 



2. The complete suppression of all oligarchical 

 pretensions, and the complete enfranchisement of all 

 citizens, so that there shall be no denial of rights on 

 account of color or race; but justice shall be impar- 

 tial, and all shall be equal before the law. 



3. The rejection of the rebel debt, and at the same 

 time the adoption, in just proportion, of the national 

 debt and the national obligations to Union soldiers, 

 with solemn pledges never to join in any measure, 

 director indirect, for their repudiation, or in anyway 

 tending to impair the national credit. 



4. The organization of an educational system for 

 the equal benefit of all without distinction of color or 

 race. 



6. The choice of citizens for office, whether State 

 or national, of constant and undoubted loyalty, 

 whose conduct and conversation shall give assurance 

 of peace and reconciliation. 



Resolved, That in order to provide these essential 

 safeguards, without which the national security and 

 the national faith will be imperilled, States cannot be 

 precipitated back to political power and independ- 

 ence ; but they must wait until these corraitioiis are 

 in all respects fulfilled. 



Mr. Suinner also submitted the following res- 

 olutions, on the duty of Congress to the South- 

 ern States, which were ordered to be printed : 



Resolutions declaratory of tho duty of Congress, especially in 

 n-spoot to loyal citizens in rebel States. 



Whereas, it is provided by the Constitution that 

 "the United States shall guarantee to every State in 

 this Union a republican form of government; " and 

 whereas there are certain States where, by reason of 

 rebellion, there are no State governments' recognized 

 by Congress ; and whereas, because of the failure of 

 such States respectively to maintain State govern- 

 ments, 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 of such States for the organization of a gov- 

 ernment, tho 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 tho 

 rest to carry the State into the rebellion, and still 

 more especially those who became soldiers in the 

 armies of the Union, and by their valor on the battle- 

 field turned the tide of war and made the Union tri- 

 umphant; and Congress must refuse to sanction t'ne 



