CONGRESS, UNITED STATES. 



Lti 



noes crowding upon (.'oiiirress as it is now ; and 

 i lull view of all tliis, gentlemen would 

 : in adjourning for two weeks, and now 

 want to adjourn to deliver arguments hero- 

 Mr. Simmer: " I have one word to say in re- 

 ply to tin- Senator from Ohio. He did not 866 

 the importance of this question. He says it is 

 tin.- question of every day, a commonplace ques- 

 tion. There is the precise difference between 

 the Senator from < >hio and other Senators on 

 this tloor. There have been occasions when the 

 >r has seen the importance of a question 

 of human rights. In an unhappy condition 

 now, he does not see that importance." 

 Mr. \Y;ide: " A fundamental condition." 

 .Mr. Sunnier: "A condition of mind. The 

 Senator lias not forgotten a contest in this 

 chamber in which he took part with myself to 

 defeat a proposition not so objectionable, per- 

 haps, as that which he is now favoring, to pre- 

 cipitate Louisiana back into this chamber. The 

 Senator remembers it well. He knows that 

 that contest began at an earlier hour in the 

 afternoon than this, and that it was only tow- 

 nrd midnight when there was an adjournment, 

 and nothing was gained. The Senator from 

 Illinois (Mr. Trumbull) tried to put that ques- 

 tion through the Senate ; but even he, with all 

 his abilities, and the just influence that be- 

 longed to his position, could not do it. The 

 Senator from Ohio will not be instructed by 

 that example. He now proposes a kindred 

 proposition. He seeks to introduce into the 

 Union a State which defies the first principle 

 of human rights. The Senator from Ohio be- 

 comes the champion of that community. He 

 who has so often raised his voice here for hu- 

 man rights now treats the question as trivial. 

 He says it is a technicality only. 



"Sir, can a question of human rights be a 

 technicality? Can a constitution which under- 

 takes to disfranchise a whole race be treated 

 in that respect as only a technicality? And 

 yet that is the position of the Senator from 

 Ohio. Why, sir, the other day ha did openly 

 arraign the constitution of Louisiana and the 

 effort of our excellent President, Mr. Lincoln, 

 who sought to press it upon us. Now, forget- 

 ful of that, he tries to do to-night what the 

 Senator from Illinois tried to do then. I 

 doubt, sir, whether he will succeed to-night 

 better than the Senator from Illinois succeeded 

 then. The constitution of Louisiana at that 

 time was odious; it ought not to have been 

 foisted upon the Senate; and I doubt if there 

 is any Senator now on the right side who does 

 not rejoice that that constitution was defeated. 

 " But, sir, you are now to do the same thing 

 for this constitution which you did for that of 

 Louisiana. It must not be allowed to pass this 

 body so long as it undertakes to disfranchise 

 persons on account of color." 



Mr. Creswell : " Will you ' filibuster ' all the 

 time?" 



Mr. Sumner : " I say it must not be allowed 

 VOL. vii. 11 



to pans this body if possible, if it can bo pre- 

 vented, 80 long as it >n tains M offensive an 

 e\r!iisioii ;is that. Mut, sir. I do not v, 

 indulge in these remarks. I wish th.v 

 subject should be gravely discussed, KO th 

 may vote upon it properly. I wish that the 

 proposition of my colleague may bo carefully 

 considered. I wish to know whether, if that 

 is adopted, there will bo a sufficient security. 

 If there will bo such security, I shall bo very 

 glad to vote for it and accept that, and then 

 wo may all harmonize in the support of the 

 bill. Mnt, if tint or some kindred proposition 

 cannot be adopted, I shall bo obliged at the 

 last moment, even if I stand alone, to go 

 against this bill, and to make every effort that 

 I can to prevent its passage. I move now, 

 sir, that the Senate adjourn." 



Mr. Wade : ki I hope not." 



Mr. Sumner : " On that motion I call for the 

 yeas and nays." 



The yeas and nays were ordered; and, being 

 taken, resulted yeas 13, nays 19. % 



Mr. Edmunds, of Vermont, said : u I think, 

 sir, that it is clear that we must meet this case 

 upon the reality, if it be a reality, of the ques- 

 tion which is presented, and that we cannot 

 shelter ourselves, however much we might wish 

 to do it, behind the thin disguise that we have 

 committed ourselves to this false step which we 

 are asked to take. We must meet the question 

 as it is. Now, what is the question ? The 

 question is, first, whether we have the power 

 under the Constitution of the United States to 

 dictate the terms and conditions and qualifica- 

 tions under which Territories shall be created 

 into new States, and admitted to an equal partici- 

 pation in the active operations of the Govern- 

 ment. If we are a mere machine, obliged to 

 act whenever a Territory presents itself and in 

 whatever form it presents itself, as the Douglas 

 doctrine upon which this Territory was first 

 organized seems to declare, then of course there 

 is no room for debate ; we are exercising, then, 

 merely executive and not legislative functions, 

 and we have no opportunity for the exercise 

 of any discretion whatever. If, on the contrary, 

 the grant of power which the Constitution gives 

 to Congress to admit new States into the na- 

 tional councils is one which implies judgment 

 and discretion, implies that sense of responsi- 

 bility which ought to operate in all legislative 

 affairs, then most clearly it is our duty to scan 

 to the uttermost letter the constitution of any 

 new-formed State which is presented to us. 

 The Constitution of the United States upon the 

 subject of our power over the admission of new 



States reads as follows : 







Netv States may be admitted by the Congress into 

 this Union ; but no new State shall be formed or 

 erected within the jurisdiction of any other State, 

 nor any State be formed by the junction of two or 

 more States or parts of States, without the consent 

 of the Legislatures of the States concerned as well a 

 of the Congress. 



" There is an unqualified grant of power in 



