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from papers $674, a fewer number of papers | enough to wait till I come to that point I shall Mr. SUMNER. I have read it from the than the year before; and you had from the answer it. I would rather not answer it now, Governor's message; I will read it again. sale of stamps $12,953, being a sum total of but in the proper place.
Mr. TRUMBULL. Does lie quote the $11,812, showing a decrease in one year of Mr. STEWART. Then I have another statute? $1,685. To my mind this is a painful revela question to ask, founded on that.
Mr. SUMNER. He quotes it precisely, and tion, and it speaks volumes.
Mr. SUMNER. You had better, perhaps, he gives it the interpretation I do. As he Thus, sir, does it appear from this somewhat ask me then.
quotes it the word " citizen” is not there, and minute survey that this Territory has gone back- Mr. STEWART. Very well.
it reads thus: ward in population, in agriculture, in mining, Mr. SUMNER. I shall consider the ques- "Every male person of the age of twenty-one years and in the Post Office. But this is not all; this tion to which the Senator directs my attention or upward who shall have resided in the Territory is not its only retrogression; there has been a
for three months next preceding any election shall at another place. I do not wish to avoid any.
be deemed a qualified voter at such election.” worse retrogression than any in population or thing. I was now portraying the failure of agriculture or the Post Oflice. There has been
Mr. TRUMBULL. I have not the statute, this community ; its fall, rather let me say. I a retrogression in republican principle. The | do not use too strong language. I say it was
but my information is that the word used was Territory began by a recognition of human
citizen." a fall when this community, which had solrights. As it proceeded here also was another emnly enacted justice, after the lapse of three
Mr. HOWARD. What was the date of the
statute? retrogression, and it denied what it began by years reversed its own decree, and solemnly recognizing. Like Peter, it denied its Lord.
Mr. SUMNER. enacted injustice. There it stands on the stat
November 6, 1861, and it I add, therefore, to this exhibition of the ute-book. You must recognize it. You can
was passed in pursuance of the organic act. failure of this Territory, its failure in repub- not blink it out of sight. You cannot be insen
I have already referred to it amply ;. I do not lican principles, and this I shall proceed to sible to it. It is a fact in the history of this
wish to take up too much time in this discusshow by the authority of the present Gov. || Territory. No other Territory in the history
sion. So the Senate will see that the question ernor of the Territory in his message communi- of the country has ever been thus guilty. No presented by my friend from Illinois did not cated to the Legislature of the Territory under other Territory which has risen to the height
arise there. There was no question of citidate of January 23, 1866. By this message it of justice has ever descended again so low. zenship. The langunge was broad and genappears that the original organic act creating | No other Territory which has undertaken to
eral; it was applicable to every male person the Territory provided that the qualification of recognize the rights of man has afterward
of the age of twenty one years or upward, and voters should be " such as shall be prescribed | undertaken to overthrow them.
was the statute which in 1864 was reversed. by tho Legislative Assembly." Under the au- The Governor of the Territory, in the mes
In further exhibition of the retrograde spirit thority thus conferred, the Legislative Assembly | sage which I hold in my hand, speaking of
which prevails in this Territory, I shall read a at its first session passed a law regulating elec
brief extract from a letter which I hold in this question, says in language which does him tions, which was approved November 6, 1861, honor: “It seems incredible, and were it not
my hand from a gentleman well known to my providing that, for the record it would be incredible, that
colleague, who left Massachusetts to make a “Every male person of theage of twenty-onc ycars such a measure could have been adopted at
home in Colorado-Hon. Rodney French. My or upward who shall have resided in the Territory for such a'time."
colleague knows him as an excellent person, three months next preceding any election shall be deemed a qualified voter at such election."
The Governor in the same message goes on
devoted to human rights, hating slavery, anxHere is no discrimination of color. This was to show that these same colored men while
ious for freedom everywhere and always. He
is now at home in Massachusetts, and he writes the way this Territory began in 1861; but as it despoiled of the elective franchise are neverproceeded, the same failure which showed itself theless compelled to pay taxes to support the
me as follows under date of April 18—you will in other respects showed itself in its devotion whole government and to support the public perceive that it is a very recent letter: to the principle embodied in this legislation, schools from which their children are excluded. “The only colored man in the Territory who dared
to offerto vote against the constitution was shot down until at last the Legislative Assembly at its Some of the more prosperous of them, in order
dead like a dog in the street the other day, and no session of 1864, by an act approved March 11,
to secure education for their children, have moro notice taken of it by the authorities than if he 1861, declared that no person being a negro or been obliged to send them to distant parts of
had been a beast. I sincerely hope and trust the
motion to reconsider may not prevail." mulatto should be a voter. The language of
the country, because this churlish and unjust the statute was
community has denied to those children the And now, sir.we are asked to admit this Ter“Every male citizen of the age of twenty-one years rights of education while their parents are
ritory thus deficient in population, thus defior upward, not being a negro ormulatto, shall be deemed taxed for the support of schools. All this cient in agricultural resources, thus failing in a qualified voter.'
again is set forth by the Governor in the mes- mining resources, thus failing in the Post OfHere, by expressed language, open and bare- sage which I hold in my hand, and he then
fice. We are asked to admit this Territory faced, negroes and mulattoes were put under adds:
with a constitution denying human rights. Will the ban. A caste was established. A discrimi
"I do not propose in this connection to discuss the
you admit it? Will you by any such vote innation, odious, offensive, and unchristian was question of equality of race, about which so many terfere, as you surely will, with that just influorganized in the statutes of the Territory. words an Leo much labor hare been wasted; but I ence which you ought to exercise in the reconSir, consider, that when this act was passed,
submit without argument the fact that the colored
struction of the States lately in rebellion? You in March, 1864, the country was still struggling are taxed for educating white children, while their
have in those States this same question, shall in that terrible war involving the great ques- own children are excluded from the public schools, the word "white" be allowed to continue in tion of justice to the colored race. At that
and your action will determine how long this humil-
constitutions and statutes? And how can you moment this distant community, already aspir
insist that it shall be excluded from constituing to be a State in the Union, undertook to
Could anything be more flagrant? And yet
tions and statutes there, when you receive into put its feet upon the colored race that had this community now appeals for your favor and
the Union this new cominunity with a constibegan to gather under its jurisdiction. We are countenance and welcome as a State.
tution which tolerates this principle of exclutold they are few in number, perhaps a hun
I have alluded to the message of the Gov
sion? I have already said that you have comdred ; but out of that bundred there are some ernor, I now cite another authority, which is
plete control of the whole question; it is within seventy who promptly went forth as soldiers to a telegraphic dispatch from a colored citizen
your absolute discretion; you may shut this do battle for your flag; but when they returned of Colorado, which has traveled over the wires
State out if you please; you may admit it if to their homes they found that the franchise a very long distance, as follows:
you please; but I call upon you to exercise that they had already enjoyed was taken from
DENVER City, COLORADO, January 15, 1866. that discretion so that human rights may not them; that they who had periled life for to save The law adopted by the Territorial Legislaturo fail. Do not tell me that Connecticut failed the Republic and to aid it in establishing the
in 1861 allowed all persons over twenty-one to vote,
to overthrow this proscription. Sir, do not rights of all, when they once more found them. signed by Governor Evans, deprived colored citizens
imitate Connecticut. If you recognize this selves at their own firesides were despoiled of of the right at the very time when appealing to them proscription, you will be as bad as Connecticut. Sir, am I wrong when I say that
to hen save the country. The admission of Colorado
And now, sir, what is the argument, if arguhere was a retrogression in republican princi- manent. If not adınitted now, this can be corrected. ment it be called, which is brought forward in ples; that here was a departure from those
WILLIAM J. HARDING, favor of the admission of this community as a fundamental truths which are essential to our
A colored citizen. State of the Union ? I know of but one, unGovernment. It was, I say, a departure and ret- Mr. TRUMBULL. If the Senator from less there be another which occurs in a wluisrogression because this community had begun Massachusetts has the territorial statute by per and not in debate, to which before I close right. It began hy recognizing these truths ; him I wish he would read it. I do not under- I may reter. I know of but one argument but as if blasted by some evil genius, the same stand that any negro ever did vote in Colorado, which has been adduced in debate, and that is failure that attended it in population, in agri
and I do not understand that there ever was a founded on the enabling act of March 21, 186+, culture, in mining, and in other respects, law of that Territory declaring that "any per: which is entitled "An act to enable the people scemed to descend upon its moral sense. son" should vote. My information in regard of Colorado to form a constitution and State
Mr. STEWART. Will the Senator allow to it is that the right of voting was confined to government, and for the admission of such me to ask him a question?
citizens, and they held in Colorado that a negro State into the Union on an equal footing with Mr. SUMNER. Certainly.
was not a citizen. That is not my opinion, but the original States." If I understand the Mr. STEWART. I would inquire of the that was their opinion, and in point of fact no argument, it is that Congress by this statute Senator if at the time he voted for this enabling | colored person ever did vote there. The lan- pledged itself in advance to admit this comact he supposed that the laws of Colorado guage is not, according to my information, as munity as a State into this Union; that we are allowed negroes to vote.
the Senator reads it. I wish he would read bound by this statute so that we cannot escape Mr. SUMNER. If the Senator will be good || the exact language if he has the statute. this obligation; that, in short, we are tied up
by this statute. This is a strong assumption ; the enabling act expired; it was functus officio; for the enabling act; and my friend from Nebut I believe it is an accurate statement of the it had been acted upon and under. There was vada put me a question a few moments ago position of the other side.
nothing more to be done in pursuance of it. whether at the time of the passage of the enaNow, sir, I think I can easily show that this But, sir, the next year certain parties desirous bling act it was supposed here in the Senate is a great mistake. I may remind you in the to galvanize this small community into a State, that colored persons exercised the elective first place that the President to whom this through political conventions or caucuses, act- franchise. Now, sir, as to the question of question was naturally submitted first, in a ing through the committees of the different par- inconsistency message to the Senate has expressly stated to ties, got together a convention which proceeded Mr. TRUMBULL. Before the Senator proyou that in his opinion the new constitution to adopt a constitution which, after being sub- ceeds to that point, as I asked him a question which is now before the Senate was not formed mitted to the people, was adopted by a vote of a moment ago whether colored persons ever in pursuance of the enabling act. In that mes- 15.) majority, and you have now the question voted in Colorado, and as I stated that I had sage he sets forth the character of this enabling before you whether that constitution, adopted been informed that they did not vote there, act, shows that there was an attempt to form under such circumstances, shall be recognized and that the act under which he supposed they a constitution in pursuance of it which failed, by the Senate. Surely not in virtue of the voted was confined to citizens, and that the and that there was another constitution formed enabling act, because in reality nothing had term citizen was construed in Colorado not by political bodies independent of the enabling been done under this act.
to embrace colored persons, I desire to read act, which he has submitted to your consider- I have said that the enabling act had expired. || the statute.
He read from what purported to ation. Of this second constitution he says: It is in vain for Senators to cite it on this occa- be the law of Colorado; but I find, on an exam
. The proceedings in the second instance for the sion. You cannot invoke it. These parties ination of the statute which I hold in my hand, formation of a State government having differed in can claim nothing under it. It is like an obso- that the right of suffrage was confined to eititime and mode from those specified in the act of March 21, 1864, I have declined to issue the procla
lete statute which we read in the statute-book, mation for which provision is made in the fifth sec- but which we never undertake to adduce for Mr. SUMNER. Do you refer to the organic tion of the law, and therefore submit the question
authority. It stands as a monument showing statute? for the consideration and further action of Con
what Congress had required, and showing also Mr. TRUMBULL. I refer to the statute of Thus, sir, the President did not feel author
what this community had failed to perform. | Colorado, which the Governor professes to ized to issue his proclamation in pursuance of
In adducing it, you bring authority agaiust the || interpret in his communication from which the this enabling act declaring Colorado a State in
present pretension, for you show clearly that Senator from Massachusetts read, in which he the Union; he referred the question to you,
this pretension had no foundation in this statute. says that all persons twenty-one years of age
But, sir, even assuming that the enabling act being males were entitled to vote. and you must decide it; and here, again, I
Such was shall read another dispatch from the same tel
was in a condition to be employed for the not the law of Colorado. egraphic correspondent that I read from before,
organization of this Territory, which I insist Mr. SUMNER. Have you the statute ?
that it was not, then it is my duty to go further Mr. TRUMBULL. I have the statute before as follows:
and show you that these parties, as this colored me and I will read it. What he has quoted is "DENVER City, COLORADO, January 18, 1866. telegraphic correspondent from Denver says, true; but it is only a part, and it misled the "Please contradict in the newspapers the stories so industriously published at the East that the recent
did not in any respect comply with the enabling | Senator from Massachusetts. I will read the bastard State movement was in compliance with the
act. Why, sir? By the enabling act the con- section : terms of tho enabling act. Not ono single condition vention was to be called by the Governor. How “That every male person of the age of twenty-one of the enabling act was observed, and many of its
was it called? By the executive committees years or upward, belonging to cither of the following provisions were clearly violated, particularly that
classes, who shall have resided in the Territory for one which says the State constitution should accord
of political parties, being so many caucuses. three months next preceding any election, and ten with the principles of the Declaration of Indepond- Such was the origin of the convention which is (lays in the township, precinct, or ward, in which ho ence.” to give you a new State. What authority for
offers to vote, shall be deemed a qualified voter at
such election: If we examine these proceedings in detail, that do you find in the enabling act? Be good "1. Citizens of the United States. we shall see clearly how they diller from the | enough, if you please, to point out a single word "2. Persons of foreign birth who have declared their requirements of the enabling act. In short, which can justify any such transaction. And
inteution to become citizens conformably to the laws
of the United States on the subject of naturalization. they are inconsistent with it, or outside of it so yet we have been gravely told that this strange
"3. Persons of Indian blood who have been defar as to derive no support from this act. This anomalous hocus pocus was by virtue of the clared by treaty to be citizens of the United States." is clear as day.
enabling act. As if in every respect it was not Those classes only can vote; and the Senator It appears that this enabling act was approved plainly inconsistent with the enabling act. will see that the Governor by quoting only the on the 21st of March, 1864. Among other things Still further, in the second place, the ena- first line "every male person of the age of it provides in section three that the Governor bling act declares that "the constitution shall || twenty-one years or upward,'' without quoting shall “ by proclamation on or before the first be republican in form." This is a fundamental the rest of the section, which goes on to declare Monday of May next, order an election of repre- | condition. I submit with confidence that a " belonging to the following classes,” misled sentatives" "to be held on the first Monday in constitution which denies the first principle of him, and that the right of suffrage was confined June thereafter throughout the Territory.”' You human rights cannot be republican in form. to citizens of the United States and foreigners will observe that this election is to be held at Do not tell me that there are States in this who had declared their intention to become a specified time, the first Monday in June. This Union which have such constitutions. That is citizens. is à fixed point.
We are not called to sit in judg- Now, sir, I will not be understood as saying Then, again, by another provision it is de- ment on those constitutions; we have no power that in my opinion a colored person is not a clared that “in case a constitution and State to revise them; we are not to vote upon them; citizen. I believe he is; but such was not the government shall be formed for the people of but here in this case we are called to sit in | understanding in Colorado, and no colored said Territory of Colorado, in compliance with judgment upon this constitution, to revise it, | person ever did vote there, as I am informed the provisions of this act, the said convention and to vote upon it. You are to declare by by persons from the Territory; and certainly forming the same shall provide by ordinance your votes whether a constitution which tram- they could not vote unless they were citizens. for submitting said constitution to the people ples upon the principle of human equality is Nr. SUMNER. The Senator will indulge of the said State for their ratification or rejec- republican in form. I insist that it is not. me in saying that I do not think his statement tion at an election to be held on the second Still further, this enabling act declares that alters the case. Tuesday of October, 1864.”
66 the constitution shall not be repugnant to Mr. TRUMBULL. That may be, but it is There again you have another fixed date, the principles of the Declaration of Independ. | best to be right. containing a limitation in time. The consti- ence." I ask you, what is the first principle Mr. SUMNER. I submit that the statement tution was to be submitted at a specified date; of the Declaration of Independence? Is it not of the Senator does not alter the case. Clearly the representatives to the convention were to in solemn words that all men are created equal, ll it is best to be right. In the first place, I have be chosen at a specified date. Then the last and that all just government stands on the followed the message of the actual Governor section of this statute provides for the admis- sent of the governed? Does any one deny that of the Territory. I felt that I could not follow sion of Colorado as a State into the Union. these are the words? You know them by heart; || better authority. I hold his message as comHow? "In pursuance of this act;"' in no other your children learn them in their earliest in- municated to the Legislature now in my hand. way. Thus the State, in order to claim any | fancy; and whatever is done in this Territory Mr. STEWART. Now let me put my benefit under this act, must comply with all the is to be brought to these words as to a touch- question. condigions of the act; its representatives must stone. This is a requirement of the enabling Mr. SUMNER. Very well. be chosen at the time mentioned and the con- act. Therefore do I
that even if you insist Mr. STEWART. At the same time with stitution must be accepted by the people at the that the enabling act is an authority for this the passage of the Colorado enabling act a bill time mentioned, and everything must be “in || proceeding, then do I reply, that this commu- was passed for the admission of Nevada. I pursuance of this act.” Those conditions fail- nity has not in any respect brought itself within want to ask the Senator if he voted for the ing, the act fails.
its terms. It has not complied with its terms enabling act of Nevada. This enabling act Now, sir, what occurred? The Governor, in either of principle or of proceeding. The pro- provided in the same manner that persons pursuance of this act, did call together a con- ceedings were not according to the enabling | allowed to vote on the question of organizavention at the day specified, and that conven- act; the principles are in defiance of the ena- tion should be the same as those who voted for tion did submit a constitution to the people || bling act. Tried by either standard, the whole members of the Legislature, &c., in the Terwhich, at the day specified, was voted on and effort must miserably fail.
ritory. I wish to state for the information of rejected. At that vote there were for the con- But it is sometimes said that there is an the Senator that in the fall of 1861 Nevada stitution 1,520 votes only. Against it there were inconsistency in opposing the admission of this passed a law excluding negroes from suffrage, 4,672 votes. When that constitution was rejected Il State into the Union at this time when we voted and it was on the statute-book in 1864 and had
been during all that period from 1861 up to 1864. regulating the franchise. Here are the pre- which, as I understand, have, if I may so exHence I infer that it makes very little differ- cise words:
press myself, been carved out of New Mexico. ence as to the principle upon which Congress “That all persons qualified by law to vote for rep- Those counties contain, according to the estiacted at that time whether there was any pro- resentatives to the General Assembly of said Terri- mates of different persons, from six to eight vision in the laws of Colorado expressly pro
tory at the date of the passage of this act, shall be
thousand persous, chiefly agricultural. They hibiting negro suffrage, because if there had ized to vote for and choose representatives to form a
are farmers. I understand that those people been that could have been no objection as it convention under such rules and regulations as the are discontented at finding themselves embraced
Governor of said Territory may prescribe.” was no objection in the case of Nevada. Con
within the limits of Colorado. They do not gress, then, in March, 1861, authorized the Ter- Therefore, sir, do I say that at the date of || speak English. They are Spanish in descent, ritory to be organized into a State and author- the enabling statute all persons in the Terri- and they are unwilling to be swept under a jurisized them to confine the voting population to tory, without distinction of color, were entitled diction which is to them, in many respects, whites in making that organization, and did not to vote. They all had the electoral franchise alien. They long to be back in New Mexico. require the extension of suffrage to the negro. constitutionally and legally. Is there any one During the last session of Congress a proposiAt the same time, it is true, it said that the who can doubt it? The Senator from Illinois tion was brought forward in the other House constitution formed should be in accordance cannot doubt it. He knows full well that that to reannex them to New Mexico. A proposiwith the Declaration of Independence, but it is the Constitution and the law of the land. tion to the same effect has already been anauthorized a particular class of persons to or;
They were all entitled to vote at the date of nounced in the other House during ihis session ganize it, being white persons alone, confined that enabling statute. I err when I say by the Delegate from New Mexico. I have to them. By construing that act in connection the date of that enabling statute." There was conferred with him on that subject this mornwith the Nevada enabling act and the laws something like deception, if not fraud, that ing. I learned from him something of the disof Nevada, Congress provided that the State occurred between the passage of that statute content of these Mexicans; and I am assured should be organized by whites alone and said in this Chamber and its approval by the Pres- from other sources that, should Colorado now that was in accordance with the Declaration ident. The enabling act for the admission of be received as a State in this Union, so that of Independence.
Colorado passed this body, as I find by the the condition of these people would be permaMr. SUMNER. Now, I will proceed to Globe, February 24, 1864. This ill-omened nently fixed as a part of the State, such is their answer, as I was trying to do when I was in: || territorial statute to which I have referred, yearning to get back to their Spanish kindred terrupted by the Senator from Nevada, the which undertook to introduce the principle of that they would move in a body to find themSenator from Illinois ; but the Senator from exclusion, bears date March 11, 1864 ; that is, selves again within the borders of New Mexico, Nevada will allow me to say that I think it it was passed subsequent to the passage of the which is to them country and home, for which would have been better and more according | enabling act in the Senate. Therefore, when they have a sentiment of abiding attachment. to parliamentary rules if he had reserved his that enabling act passed this body, according I have said that this Mexican population is question until I had answered the Senator from to all the information in our possession and estimated variously at from six to eight thouIllinois. I think his question has nothing to according to the principles of the Constitution sand, being an essential part of the population do with that. Has it anything to do with the as expounded by the Attorney General, all of Colorado. Imagine it withdrawn from this subject? colored persons were entitled to vote.
floating, failing population which I have already Nr. STEWART. If you get at the sub- I have been reminded by Senators that there described to you, and how small does it bestance I shall be satisfied.
is an inconsistency in having sustained the come; why, sir, one of my informants, this Mr. SUMNER. As to the question of the enabling act and now in opposing the admis- morning, who has lived for several years in that Senator from Illinois, I have this to say : the sion of this State. Sir, permit me to say,
there part of the country, gave me as his opinion that Governor of the Territory, whose message I is no such inconsistency; because at the time at present the whole population of Colorado, hold in my hand, does not put upon the statute when that act passed the Senate, by that very including these Mexicans, was not more than the interpretation which the Senator does. I enabling act all colored persons were entitled fifteen thousand, and that if these Mexicans have great respect for the opinion of my friend
But I might go still further, and should be withdrawn, you would have this from Illinois, as he knows, but on this matter remind the Senate that it appears by the Globe, community shrunk to a population of seven I submit that the Governor of the Territory on which I have before me, that this enabling act thousand. I make no statement to that effect. the spot, in a formal communication to the passed the Senate without discussion and with- I merely mention this as a suggestion which has Legislature. is a better authority even than my out a division. It does not appear who was come to me from persons familiar with this honorable friend.
present in the Senate at the time it was acted part of the country. It may at least help to Mr. TRUMBULL, Better than the statute? npon. For myself, I may say I have no recol
put you on your guard against investing this Mr. SUMNER. I am coming to that. That lection of the vote that was taken, but I do petty community with the ligh prerogatives of brings me then to the statute, and he says the have a distinct recollection that I was informed à State. It may show you again how its popustatute enumerates as the first in the class citi- that in the Territory of Colorado all persons, lation may melt under the State prerogatives, zens of the United States, and my honorable without distinction of color, were allowed to which you promise it. friend himself obliged to confess that in bis vote; and a recurrence to the statute which Mr. President, such is the case against the opinion colored persons are citizens of the has been adduced on this occasion will sholy admission of Colorado as a State into this United States. He does not doubt it. If he that I was right. It is vain for the Senator Union. I do not see how you can admit it did, it would be my duty to remind him of that from Illinois to remind us that in Colorado into the Union as a State without, in the first opinion given by the Attorney General of the they did not consider colored persons citizens | place, injustice to its own population, at this United States in the winter of 1861-62, only a of the United States. Constitutionally and inoment unable to bear the burdens of a State few months after the adoption of this territo- | legally they were citizens, and there was no government; secondly, without injustice to the rial statute, declaring that all colored persons power in Colorado to deny them that citizen- other States of the Union which ought not to are citizens of the United States. I refer to ship. It was because there was no power find themselves voted down in this Chamber that opinion with something more than respect, there to deny them that citizenship that they || by two Senators from this small community; I refer to it with reverence. I do think, hum- undertook to set it aside by positive legislation. || and, in the third place, without sacrificing a bly speaking, that that opinion was one of the Mr. President, I have already said too much principle which at this moment is of incalcumost remarkable and one of the grandest acts on this matter.
lable importance to the peace of the Republic. in the history of the late Administration. I do Mr. STEWART. How was it about Nevada? In other times we have caught the cry, No not doubt that hereafter when the annals of Mr. SUMNER. I beg the Senator's par- more slave States. There is another cry which these times come to be written, the historian | don; I have no recollection of the Nevada must be ours, No more States recognizing Inewill dwell with honest pride upon that opinion
I do not know whether I voted on it or quality of Rights. Against all this I lear a where one man as it were reversed the whole not, and I consider the question as absolutely whisper, not an argument. It is whispered policy of the State. By that opinion he fixed irrelevant. I am speaking now on the case of that we nced two inore votes on this floor. the law of this country forever: that all colored Colorado.
Sir, there is something that you need more persons are citizens of the United States; and Mr. STEWART. Mr. President
than two more yotes. It is constancy in the that opinion was emphatically the law of this Mr. SUMNER. When I am done the Sen- support of that great principle which is now distant Territory. It was the law of Colorado. ator can proceed.
essential to the tranquillity of the Republic. The Senator from Illinois does not doubt it. The PRESIDING OFFICER, Mr. Ax- Better far than any number of votes will be Therefore when the Territorial Legislature TONY in the chair.) The Senator from Ne. loyalty to this great cause. Tell me not that it inserted the words - citizens of the United vada must not interrupt the Senator from is expedient to create two more votes in this States,” it did not alter the case by a hair's Massachusetts unless he yields the floor. Chainber. Permit me to say nothing can be breadth. The language was positive that all Mr. SUMNER. If there were a question expedient that is not right. If I were now persons could vote without distinction of color. here in regard to Nevada I should certainly about to pronounce the last words that I could The Senator is informed that no colored per- meet it; but there is no such question now. erer utter in this Chamber, I would say to you, sons did vote. I have been informed the con- It is enough for us to deal with the case of Senators, do no: forget that right is always the trary. But I insist that, beyond all question, Colorado.
highest expediency. You can never sacrifice by the territorial statute colored persons were I was saying, sir, I have already occupied too the right without suffering for it. allowed to vote.
much time, more than I intended; but there is Mr. STEWART. I submitted to the SenaAnd this brings me to another question. one other circumstance to which I ought to call tor from Massachusetts a question at the time Wien at a later day, in 1864, the enabling act attention before I close. It is the anomalous when he was charging that the people of Colwas brought into the Senate, that act recog- condition of the several counties of Mexican orado had acted in bad failb toward Congress. nized positively the existing territorial statutes Il population bordering on New Mexico, and That was the tenor of his argument. He as
serted that at the time of the passage of the I think that is hardly a question that can be years. It is a remarkably well constructed enabling act they allowed negroes to vote; raised here. The question with us is whether country, geologically, for mining. The veins that after it had passed Congress and before it comes up to the theory and practice of our have all the regular formations that geol. it was signed by the President, they repealed Government, and whether it corresponds with ogists say indicate permanence. Heretotore that law and passed a law which prohibited the invitation by Congress. If it does, and they have had some drawbacks in mining. the negroes from voting, and that they had they have acted in good faith thus far, let us They were cut off from communication with thereby (if there is anything in the argument) receive them, and let us go forwar
the Atlantic States; they could not get machindeceived Congress, and that Congress would nounce hereafter the principles that enter into | ery there, and, of course, that impeded the not have acted as it did if there had been a a republican form of government. We cannot progress of mining, and that is held up as a. law on the statute-book of Colorado prohibit- expect these people in organizing their govern- reason why these people should not be admiting negroes from voting. I asked him what ment to do more than we invite them to do. ted as a State. Last year, when I was there, Congress had done at the same time in the If Congress liad preseribed the rule of suffrage | there were a vast number of new mills being case of Nevada, and he tells me that that is for Nevada, or Colorado, or any of these Ter- erected, and there was machinery along the irrelevant. I say that what Congress did in ritories, or intimated by any letter or line in the road, notwithstanding hostile Indians were the same breath, at the same time, and under enabling act that they desired the suffrage to scattered all the way from Atchison to Denver. the same circumstances, is some evidence of be extended to the negroes, and that that was a The country really appeared to be pushing fortheir intention at that timo. Nevada, in 1861, condition that would be required of them, and ward, notwithstanding the difficulties, notwithhad inserted the word · white'' in fixing the they had formed a constitution prohibiting the standing supplies had been cut off, with requalification of voters.
That law was upon
negroes from that right, then there would be markable energy, and with very fine prospects. her statute-book; the world knew it; and just cause for excluding them.
Now that the war is passed ; now that this new what did Congress do? On the 21st of March, Now, it is stated that Colorado is decreasing machinery is coming in, and one year of crops, 1864, the same day on which the Colorado bili in population. Having been in Colorado last I believe Colorado is to be one of the most was passed, Congress passed an act to enable year, and knowing something of their peculiar prosperous Territories in the whole country, Nevada to form a State government, and in the situation, I willstateagain, as I have once stated, and will make a very prosperous State. It third section of that act provided as follows: the reasons for this apparent falling off. In the will not be a year from now until every one "That all persons qualified by law to vote for reps
first place, when the war broke out Colorado will be willing that Colorado shall come in; resentatives to the General Assembly of said Terri- became more or less isolated from communi- but as they have come here now with a constitory at the date of the passage of this act shall be
cation with the rest of the country; her mail qualified to be elected, and they are authorized," &c.
tution every way unexceptionable, as we forfacilities were cut off; there were hostile Indians | merly understood constitutions to be, every Expressly confining it to persons who were on the plains; and she sent four thousand of
way unexceptionable as constitutions were qualified by the laws of Nevada to vote for
her adopted sons to the war. This of course understood to be at the time they formed it, members of the General Assembly. The laws
impaired her prosperity, and injured her prog- not having any intimation from Congress that of Nevada at that time expressly excluded
ress to some extent, probably more so than any it would not be accepted, and having been innegroes from voting, and therefore the organic
other Territory situated upon the western slope. I vited to come here by Congress, and having act expressly prohibited the people of Nevada
She was dependent upon the East for commu- had the question of population passed upon, from taking the negroes into account in the
nication and for supplies. It is a long distance organization of a State government, and gave
it seems to me hard for those people to be from the Missouri river to the Rocky mount- sent back, to be turned away on the ground the power to form the State government to a ains, a distance of about five hundred miles, that they have not population enough, when particular class. Congress did this on the same
through a hostile Indian country; and during there has been a standing invitation before day that the enabling act for Colorado was
the war it was impossible for Colorado to pro- them to come with what population they have. passed; and now the Senator from Massachu
gress as her natural resources and condition It is hard for them to be turned away besetts would have us believe that Congress would
will warrant for the future. Then, they had cause they have had a failure of crops in connot have passed the enabling act for Colorado
grasshoppers there, which were a great incon. if she had had such a law upon her statute
sequence of grasshoppers. It is hard for them venience. They come into that country, I am to be turned away because they were delayed book.
told, once in ten, fifteen, or twenty years, and in getting transportation in consequence of Mr. SUMNER. I have not said that. It
they remain one or two years; and I believe Indians, for a short period. All of these em. was not in my argument.
other parts of the country are visited by them barrassments have now been remored, and Mr. STEWART. Then there is nothing in also. They cut off the crops last year. They | they are on the high road to prosperity. It the argument to the effect that Congress was have never been known to exist more than two seems to me it is unnecessary, after they have deceived. There is nothing in the argument years at a time before they disappear. Every gone to all this trouble of organization and have that Colorado changed her law. There is part of the country is subject to accidents which organized a government and sent men here nothing in the argument that there was any destroy the crops. The ground sometimes be. entirely unexceptionable, to send them back. bad faith on the part of Colorado in changing comes too wet, and they have had that incon I do not see any good reason for it. Gentleher law that influenced Congress, because Con. venience in Colorado.
men may complain of them now, but I assure gress on the same day in acting on a like sub- But when Senators speak of its want of agri- you that Colorado one day will be classed ject expressly confined the organization of a cultural resources, they are very much mis- among the large States. There will be very State government to the whites; selected as taken. Colorado is a State of vast agricultural many States in ten years from now that will those who should be voters in forming the State
I recollect the time very well when i be casting a smaller vote that Colorado, and government those who had been selected by California was pronounced to be a country unfit will be more unequally represented. Yes, sir, the territorial law, and those were whites, and for anything but mining, when it was said that in five years from now there will be a large whites alone. Then I say that Congress, in it had no agricultural resources; now it is uni- number of States that will have a larger repMarch, 1864, were willing, at the time they versally admitted to be equal, if not superior, || resentation, in proportion to population, in this extended this invitation to Colorado, that a to any State in the Union in an agricultural | body than Colorado, because she has great government should be formed by the whites point of view alone. Its amount of rich agri
She is on the great line of overalone and that the negroes should be excluded; cultural lands is equal to any State in the Union. land travel. The Pacific railroad is going toand they expressed that willingness in the case When I first went to Nevada it was supposed ward your borders and will soon help her. I of Nerada if they did not in that of Colorado. that there were not three hundred acres of agri- | think her situation is such and the circumWhether the laws as they existed in Colorado cultural land there; now there is an active, stances are such that it would not be good excluded them or not, they were practically large population cultivating the lands there, and faith now to turn her away. excluded there, and Congress was willing that doing it profitably. I was told that none of the I did not intend to make any remarks on the new State should be formed exclusively on country, or comparatively very little of it, could this subject, but I deemed it due to say thus the white basis for suffrage, because on the same be cultivated, but every year proves that it is a | much, and I hope Colorado will be admitted. day it provided that another State government much better country for agricultural pursuits Mr. GUTHRIE. When this matter was should be organized and that only whites should than was at first supposed. The first thing that under discussion before I made up my mind vote. The people of Nevada, supposing that a person visiting the western country, and pass- that Colorado ought not to be admitted as a it was not incompatible with the wishes of ing through Colorado, will be struck with, is State ; that she had not the population nor Congress to put in their constitution the same the vast amount of tine agricultural land there. the ability to sustain a State governinent; that provision that they had in their laws, their laws I do not believe it is true, as stated by the sur- she could not demand, from the amount of having been by the enabling act approved and veyor general, that crops cannot be raised in her population, to be placed on an equal foot. adopted as a guide for the formation of a that country without irrigation. Certainly some ing with the other States.
Sle bas not popuState government, when they formed their con- kinds of crops will need irrigation ; but there lation enough to entitle her to a Representastitution put in the word " white" the same are a great many crops that can be raised with- | tive in the other llouse. If she should be as Colorado has done. The people of Colorado out it, when they understand the seasons better, I admitted, she would be entitled to two Senahad no reason to believe that Congress would and understand the country better. It is a State tors here, which would be greatly in disproobject in consequence of any action that had that is going to be not much inferior to many portion, and overbalancing with another small previously been taken by them.
of the western States in agricultural resources. State the popular majority of the large States Now, a question is raised whether this con- As to its mineral resources they are certainly in this body. I'thought it was not best for stitution is republican in form or not. There remarkable. It bears the marks of a perma
Colorado that she should come in and under: is much difference of opinion as to what con- nent mineral country. The veins are proper
take the burdens of a State government at this stitutes a government republican in form. fissure veins, well defined, such as have been time. I still think so after listening to all Every man has his own ideas on that subject. worked in other countries for thousands of that I have heard. I have no doubt that she
has less population now than she had even at it is better for the whites, that we should set- knew; and yet it soon came out. He was going the time that the enabling act was passed. tle this matter, settle this question of govern- to attack the veracity of this little pamphle: There was then a great outcry about gold | ment, and let them be governed at home. It which I hold in my hand-a candid, trythful there, and miners rushed there from all parts is not at all surprising that the negroes were statement of the condition of Colorado, giving of the country because they desired to search misled by this sound of freedom and liberty, facts and figures, which, with all the research new fields. They leave those places as soon and supposed they were to live idly without of the distinguished Senator from Massachuas they find they are disappointed and rush to labor and without work, and somebody was to setts, he will pardon me for saying he has not some other point. I have no doubt there is support them. We know that to a great ex- shaken in a single portion. He has not carried, less population there now than there was in tent they did obtain those ideas. They are with all his artillery, an outpost, or driven in a the beginning; and I feel very sure that she now abandoning them to some extent, and sentinel set by the distinguished gentlemen who will not come as California did when she was
going to work. They are likely, in many places compiled this pamphlet. Against what he called admitted, and when she had such a great pop- in the South, to prove a useful and industrious assertion he brings in what he calls fact. The ulation. I do not believe that the people are population, and add to the productions of the honorable Senator need not have gone out of able, from the production of the soil and the soil. I hope the very best from it. I think this pamphlet to find just what he read as an mines, to retain a population there that can slavery being abolished, all sides should act in overthrow of the whole thing. There it is, support a State government.
harmony, subdue their prejudices, if they have within five lines of where he was reading, and I have no feelings of prejudice against Col- any, and come together united as far as we can they cite the very authority that the distinguished orado or any of the northwestern States. They for the interests of the country.
Senator said was melted down by a single breath are peopled principally by the frontiers and I think it is far more to the advantage of this of the distinguished surveyor general of Colofrom the frontiers with some adventurous spirits country that we should admit the southern rado. They quote the surveyor general of from the original States. They are a hardy, | States and admit their representatives than that Colorado. adventuresome people, but they are not attached we should take in this new State that is not able But the difficulty lay here: my friend, who to the soil, and they never will be until the to support a State government, in my judgment, was not reared upon agricultural plains or country has become old and those born and and which will find it exceedingly onerous, as mountain heights, but always breathed the residing there have learned to like the country. many of these States have already found it to purer air of bricks and mortar in Boston and
I am opposed to the admission of Colorado be. I shall vote against this reconsideration the larger cities of Europe, had yet to learn for these reasons, and not for the reasons given as I voted against the admission of this State that there was a ditlerence between agriculby the gentleman from Massachusetts. I should before, but not for the reasons given by the tural and pastoral lands. Sir, that difference not object to her Constitution because it had Senator from Massachusetts. The Senator in- has existed ever since the old poet sang. That the word “white" in it in relation to voters. I timates that perhaps some have changed their difference has existed always. The difference do not believe that black people are citizens of minds because they want a few more votes in is this: our agricultural lands produce the the United States even though they are born this body. I wish the Senator had changed his cereals, the vegetables, and the grains; the here. That may come from my western resi- mind before he led the onslaught upon the New pastoral lands produce grasses upon which dence and western prejudice and having been | Jersey Senator when they wanted but one. herds and flocks feed, on the mountain-side raised in a slave State. I am willing to admit | [Laughter.)
where the plow could not be held. that there is something that grows up in the Mr. NYE. Mr. President, I was absent when The distinguished Senator seems hardly willfeelings and habits and thinking of people who this subject was discussed before, and hence I ing, when he is driven from that point, to let are raised in slave States and have acquired || had no opportunity to cast my vote for this bill. the population of Colorado alone, and seems all their ideas from there, and that there is If I had been here, I should of course have to convey the idea that as the report upon the something strange in the fury gentlemen get voted for the admission of Colorado. The per- conduct of the war had said something about into about equal suffrage and equality and all mission to Colorado and the State that I have the testimony of one of the witnesses, there. that. I hope the very best will come from the the honor in part to represent to form 'States fore the population that he represents must emancipation of the negroes--the best for them was given at the same time, and the laws by necessarily be bad. In a word, he made out this and for the whites--but I have not the absolute which we were to be admitted are the same fact, taking his own assertion to prove it, that faith of those who have been missionaries in | except in the change of the names of the Ter- the population, the mining interest, the agriculthe cause, and started and originated it, and ritories. The Senate will bear in mind that at turalinterest, and every interest in Colorado was have brought themselves into conspicuous | the time this permission was given the Gov- dwindling and dwarfed to such an extent that places in this Government and before the world | ernment was casting about to see where it could I hardly thought it magnanimous in the giant as the advocates of that policy. I do not enter | gain corresponding strength against the weak- of this Senate to hit it another blow; and yet, into any sympathy with them on that point, and ness incident to the rebellion. It occurred, and after all, Colorado survives. Tim not inoved to act upon this subject by their I think wisely, to the Congress of the United I am not going to busy myself or detain the
States that if the process of making new States Senate by a detailed account of Colorado. Her I think we could increase the number of could be successfully carried outon the more dis- history is as patent to all this Senate and the votes in the Senate very legitimately by ad- tant portion of the continentit would strengthen country as the history of Massachusetts. It mitting those southern Senators who have been us in that direction and make a counterbalan- has been written in much shorter time and in here for almost four months knocking at our cing power to the southern element that was fly. as indelible characters. In 1858 Colorado was doors and seeking admittance. I do not be- ing oif. I think they acted wisely; and I think, an unbroken, untrodden wilderness, if plains licve a tithe of what has been said about the
as a matter of sound governmental policy, that can be called a wilderness. In 1858 the disdiscontent of the South. I believe if we had we should have continuous States across this covery of gold was made, and from that time admitted them in the first month of the ses- continent; and I shall not stop to inquire frac- to the present-and I challenge the gentleman sion they would have been more contented, || tionally whether these persons who desire to to show to the contrary-no Territory within more harmonious, and more in union with us take upon themselves the burden of a State the boundaries of this Government has made than they are now; and I believe the longer | government are correct or not. I satisfy my- more manly, more permanent, and more enwe delay it the greater will be the difficulty to self with the answer they have given that they during strides than the Territory of Colorado. be overcome. I am not surprised that gentle- are willing to assume that responsibility. They Sir, Colorado was in existence before Nevada men of the North who have been preaching in are the judges, and not the Senator from ken- was born. Her hills and her mountains were favor of the freedom of the negroes, and have tucky, or the Senator from any other State. populated thickly by the intelligent, energetic, formed characters and habits upon it, feel | They know best their ability, and knowing it, persevering men of the East and of all climes. rather hostile to us who have been in slave act in their good judgment as seemeth best to In 1864, when the very atmosphere was thick States; but I think they will have to abate them.
with the elements of dissolving empire, Consomewhat of their opinion, and their estimate I have seldom differed with the distinguished gress gave Colorado and Nevada a chance to of the southern people, before we can get to- Senator from Massachusetts, and whenever I set their stars amid the galaxy of the older, gether again. I hope they will take occasion | do, I differ with great dillidence, for I know his not brighter, stars. Colorado fell into this to revise their opinions, and search their own power, and I expect to feel it if I differ from mistake: she nominated her State officers to hearts, and their own bosoms, to know how | him; but, sir, feeling a little of that strength at run at the adoption of her first constitution. much of it is prejudice, and how much has this present moment that the stripling of Israel That will kill any Territory. We tried it once been partisanship. In fighting this great bat- did when he warred with the giant of Gath, I in the Territory where I live, and the constitle they think they have been fighting for hu- venture upon the forbidden ground.
tution was beaten, as it always will be if you manity and the freedom of the negro and the It seems to me that he hardly treated this arouse the jealousies of contending political great name they are to make in history. If question with his usuai fairness in the com- factions. That is the reason why Colorado we were to sit down and take an account of the mencement of his argument to-day. I knew was not within the letter of this enabling act. benefits and advantages they have brought upon when he commenced that somebody was to be We tried the experiment in Nevada before the the negro population, I think the balance would slaughtered, but who or how I did not know enabling act came, and we had learned a lesbe greatly against them at this time, and they till I saw him plant his artillery upon the back I remember well writing a letter to Gov. would have to draw upon the future for the of the distinguished Senator from Ohio [Mr. ernor Evans, who was Governor in a neighborgreat advantages that are to result from their | WADE] from the committee on the conduct of ing Territory, warning them not to fall into that ineasures. I hope that profits will accrue from the war, and fire at one of the Senators-elect error, but they did not heed it. them. I think it is better for the African that from Colorado. I could hardly then see its Now, sir, what is the true policy or this Gov. he should be governed by the people where he relevancy; and why he should take one of ernment? These Territories are costly incumlives, who kuow his habits, and understand all the distinguished gentlemen selected from that brances. They make, if I may use the expres. about him. It is better for him, and I think State to represent it in the Senate, I hardly sion, as large drafts upon the Treasury of this