rules all the questions that can arise upon the representation of
Arkansas in the Congress of the United States, and also the other
question of the participation of Arkansas in the election of President
and Vice-President for the term of four years next ensuing. The
importance of such a subject cannot be exaggerated. It is important
constitutionally, important practically, important also to the peace of
the country. It ought to be discussed fully and carefully, especially
when it is considered that we are on the eve of a Presidential election
which may possibly be affected by our decision.
* * * * *
Mr. President, I am against the admission of Arkansas to representation
in the National Government _at this time and under existing
circumstances_. There may be a time, and there may be circumstances,
when such representation will be proper; but clearly at this moment it
is improper, unreasonable, and dangerous. The reasons are obvious.
_First._ The proposed representation is that of a _minority_, not
only of the people, but even of the ancient voters of Arkansas. It
is superfluous to say that such representation is inconsistent with
republican principles, and can be vindicated only by overruling
necessity. But this point becomes of peculiar importance, when it is
considered that the minority asking representation has acquiesced
in rebellion, and, still further, that some of those composing the
minority have actively assisted the public enemy. Look at the facts.
The authority and jurisdiction of the United States were wholly
overthrown and subverted in Arkansas. By action of the State
Legislature, and of a Convention called by this Legislature, followed
by a popular vote, the State was made _de facto_ a member of the Rebel
Confederacy. However much we may deny the rightfulness or the legality
of the proceeding, there is no question with regard to the fact. This
at least is undeniable, and constitutes an essential ingredient in
the case. As a fact it must be recognized, whatever the consequences,
precisely as truth is recognized. But this unquestionable fact was
followed by a general acquiescence of the people of Arkansas; so that
this State became in fact, as in name, a Rebel State, linked with other
Rebel States arrayed in arms against the National Government.
At last, after much bloodshed and various vicissitudes, through the
exertion of the military power of the United States, a portion of the
territory of this State has been rescued from Rebel domination, and
brought within the lines of our army. The rest will follow, in process
of time, and after further bloodshed, until eventually the whole State
will be rescued from Rebel domination, and brought within the lines of
our army. Even then we shall be obliged to wait for tokens of returning
loyalty also. But at the present moment the possession of the State is
still contested by opposing forces, and a minority only has signified
adhesion or re-adhesion to the National Government. This objection, of
course, may be removed by time; but it existed in full force at the
election of the claimant, and is decisive upon the question before us.
Unquestionably, it is according to the genius of our Government
that the _majority_ should rule. A majority is the natural base
of a republic. To found a republic on a minority is scarcely less
impracticable than to stand a pyramid on its apex.
_Secondly._ The proposed representation of Arkansas in the Senate
is unjust and inequitable in relation to the representation of the
loyal States; and if extended to representation in the House of
Representatives and in the Electoral Colleges, it becomes still more
unjust and inequitable. By the original terms of union, the other
States have agreed that _the whole people_ of Arkansas shall have two
Senators, and Representatives according to a fixed proportion,--and
also electoral votes for President and Vice-President according to the
number of Senators and Representatives. Now it would be manifestly
wrong toward all the loyal States, if not a fraud upon their rights,
to assign such representation and such privilege to a _fraction_ of
the people of Arkansas, constituting a small minority, so that, on
all questions of legislation, of treaties, or of appointments, in the
discharge of legislative, diplomatic, and executive trusts, this small
minority would wield in the Senate all the power of a loyal State,
while in the choice of President and Vice-President it might turn the
scale.
_Thirdly._ The military occupation of Arkansas, and the unsettled
condition of the community there, cannot be forgotten, when we are
considering whether to admit the representatives of a newly organized
_civil government_ in that State. Military occupation is practically
inconsistent with civil government. Even if the former does not
absolutely exclude the latter, yet it is evident that it must exercise
a controlling influence. It is impossible in time of war to preserve
the conditions of peace,--especially in time of civil war. Military
power, when engaged in subduing rebellion, cannot be insensible to
political forces. It must win what it cannot overcome. From the nature
of the case, ordinary political conditions are disturbed or subverted,
and electoral power loses its essential character, so as to be no
longer entitled to that peculiar respect which it enjoys under American
institutions. These observations I apply solely to a theatre of war;
and I insist, that, so applied, they are true, just, and indisputable.
But, in point of fact, there is another and kindred force, which
conspires with the former to disturb suffrage in Arkansas: I mean that
proceeding from incursions and hostile operations of the enemy. These
prevent elections in some parts of the State, and render them partial
in others; and this unhappy condition must continue so long as war
prevails there. That I do not exaggerate these perils, let me quote the
testimony of General Gantt, a citizen of Arkansas, who participated in
the recent election. “Thousands,” says he, “when they started to the
polls in the morning, felt that at nightfall, when they returned, it
might be to a mass of charred and smoking ruins and to a beggared and
impoverished family; and yet other thousands knew that the knife of the
murderous crew of Shelby, Marmaduke, and others was whetted for their
throats, and might do their execution before the polls were reached;
and all knew, that, should the tide of war surge backward over our
State, instead of being simply ordered out of the lines, bankruptcy,
dungeons, chains, and an ignominious death awaited them.” This picture,
which is unquestionably authentic, while it interests us for the heroic
sufferers, testifies conclusively how incapable Arkansas is at this
moment to bear the burdens and discharge the trusts of a State.
_Fourthly._ The present organization in Arkansas, seeking
representation on this floor, is without that _legality of origin_
required by the American system of government. It is revolutionary
in character. Nay, more, it may all be traced to _a military order_.
Clearly, this incongruity will not be tolerated. _A new civil
government_, to be recognized as a State of this Union, _cannot be born
of military power_. Congress has jurisdiction over all those States in
which loyal governments have been overturned; and this jurisdiction
furnishes a natural, obvious, and constitutional origin for the new
government. Without it, I am at a loss to see how _the connecting link
of legality_ can be preserved between the old and the new. This is not
the first time in our national history that Congress has stood between
the old and the new. Such is its natural place and function. At the
separation of the Colonies from the mother country, it interfered by
formal resolution to indicate the process by which the new governments
should be constituted, although the Tories of that day doubted the
power. According to this example, sustained by congenial principles,
Congress must now set the new government in motion, and infuse into it
the vital force found in liberty regulated by law.
_Fifthly._ Arkansas is at this moment shut out from _commercial
intercourse_ with the loyal States, under the Proclamation of the
President of 16th August, 1861, in pursuance of the Act of Congress
of 13th July, 1861. By this Proclamation it is placed on the list of
States declared in “insurrection against the United States; and all
commercial intercourse between the same and the inhabitants thereof
and the citizens of other States and other parts of the United States
is unlawful, and will remain unlawful until such insurrection shall
cease or has been suppressed”; and all goods, chattels, wares, and
merchandise, coming from any of the enumerated States and proceeding to
any other State by land or water, are made liable to forfeiture.[358]
And yet Arkansas, while still under the ban of a Presidential
proclamation and a Congressional statute establishing non-intercourse
with other States, asks representation in the National Government.
Disqualified for trade with other States, it asks to govern them. The
old practice is to be reversed. Thus far in history trade has preceded
political power; now political power is to precede trade. Arkansas
cannot send her merchants into the loyal States to buy and sell. Can
she send representatives into this Chamber to vote? Can she send
electors into the Electoral College to choose a President?
Such, Mr. President, are five distinct reasons, obvious to the most
superficial observer, against recognizing any representation from
Arkansas at this time: first, because the representation is founded
on a minority; secondly, because any such representation, unjust in
itself, is especially unjust toward the loyal States; thirdly, because
the military occupation of Arkansas, and its exposed condition, are
inconsistent with civil government; fourthly, because the present
organization of Arkansas is without that legality of origin required
by American institutions; and, fifthly, because it is absurd to admit
a State to representation which is still, by solemn proclamation, shut
out from commercial intercourse with the loyal States.
The argument thus far applies to the present case, without touching
that other question, sometimes discussed, whether, in point of fact,
Arkansas is still a State of the Union. Evidently, Arkansas may have
preserved her place in the Union, and yet not be entitled at this
moment to representation. She may be a State, but in a condition of
political syncope or suspended animation. Or she may be under such
abnormal influences as to render her, for the time being, incompetent
to perform the functions of a State.
But if Arkansas, by reason of her Ordinance of Secession, and open
participation in the war against us, has lost a place in the Union, it
is manifest that the Senate cannot now admit the claimant to a seat
as one of its members; nor can it admit him at all, until Congress,
by joint vote, has restored the State to its original position. The
power to admit States into this Union, and, by consequence, the power
to _readmit_ them, are vested in Congress, to be exerted by joint
resolution or act, with the concurrence of both Chambers and the
approval of the President. Here I content myself with a statement. For
the present I waive all consideration of the _status_ of the seceded
States. The argument is complete without it.
It is my desire to present this case on the facts, and not on any
theory or hypothesis. I say nothing, therefore, on the question, what
constitutes a State government in this Union; whether a State, by a
process of suicide, may not cease to exist; whether a State may not
by forfeiture lose its rights as a State; or whether, when the loyal
government is overthrown, a State does not lapse into the condition
of a Territory under Congressional jurisdiction, to be treated like
other national territory. All these questions I put aside. I choose to
present the case of Arkansas on facts which nobody can question.
It is enough that the loyal authorities were overthrown, and there
were no functionaries holding office under the State government bound
by oath to support the Constitution of the United States; and since a
State government is necessarily composed of such functionaries thus
bound by oath, there was no State government we could recognize. Sir,
does any Senator recognize the Rebel governor of Arkansas? Does any
Senator recognize the Rebel functionaries who held the offices of the
State? Of course not. It follows, then, that the offices were empty.
And this was the practical conclusion of Andrew Johnson, when he began
to reorganize Tennessee, in an address as early as 18th March, 1862.
Here are his words:--
“I find most, if not all, of the offices, both State and
Federal, _vacated_, either by actual abandonment or by the
action of the incumbents, in attempting to subordinate their
functions to a power in hostility to the fundamental law of the
State and subversive of her national allegiance.”[359]
If the offices were vacated, the machine of government could not work.
And now the practical question is, how this machine shall be again
put in motion. Obviously, not by any power within, but by some power
without.
It may be said that the new State organization is authorized by
the President’s proclamation of amnesty, and that the claimant’s
case stands good according to the promises of this exceptional
paper. A glance is enough to dispel this pretension. True it is
that the President put forward a plan for reorganizing loyal State
governments in the Rebel territory, and he proffered a guaranty to
these communities against domestic violence and Rebel invasion; but
he neither proposed nor promised any representation in Congress or in
the Electoral College. Nor would such a proposition or promise by him
have possessed the slightest validity; because, by the Constitution,
“each House is to be the judge of the elections, returns, and
qualifications of its own members.” This provision is inconsistent
with any prerogative of the President over this question, even if such
prerogative were not controlled by that other provision which reserves
to Congress the power to admit new States into the Union.
The Proclamation declared, that, whenever, in any of the States of
Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia,
Florida, South Carolina, and North Carolina, a number of persons, not
less than one tenth in number of the votes cast in such State at the
Presidential election of 1860, each having taken the particular oath
prescribed by the Proclamation, and not having since violated it, and
being a qualified voter by the election law of the State existing
immediately before its secession, and excluding all others, should
_reëstablish_ a State government which should be republican, and in no
wise contravening the Proclamation oath, it should be recognized as
the true government of the State, which should receive thereunder the
benefits of the constitutional provision that “the United States shall
guaranty to every State in this Union a republican form of government.”
Subsequently, in the same paper, the President declares “that whether
members sent to Congress from any State shall be admitted to seats
constitutionally rests exclusively with the respective Houses, and not
to any extent with the Executive.” Nothing is said on the participation
of such reorganized State in the approaching Presidential election; and
the question seems left open for the judgment of Congress, to which it
obviously belongs, to be settled by joint action.
It is plain, therefore, that the reorganization contemplated by
the President was in nature provisional. It was not complete or
permanent, but evidently looked to the action of the legislative power
to determine representation, whether in Congress or in the Electoral
College. Loyal governments might be established in the manner indicated
for the conservation of local order, and these would be recognized and
upheld provisionally by the military power. Considered from this point
of view, and in the absence of Congressional action, the President’s
plan of reconstruction was, to a certain extent, proper, if not
necessary, and very little obnoxious to objections sometimes brought
against it. A handful of persons keeping their loyalty might justly
look to the military power for support against a hostile majority.
Such a handful might be allowed to set up a local government for the
management of local affairs, and to assist the National Government in
the work of restoration. All this is natural. But the limitation is
clear. Admitting it right to authorize the establishment of a local
government for the benefit of a handful of loyal persons in a Rebel
State, it does not by any means follow that such local government
can be entitled to representation in the National Government as a
loyal unit, on an equality with the loyal States of the Union. The
two questions are entirely different, and the latter was wisely left
untouched by the Proclamation.
Besides, the power of the President to institute this government is
only as commander-in-chief of the army. It is therefore military in
character. But what proceeds out of this power is, from the nature of
the case, _provisional or temporary, until it has received the sanction
of Congress_. To a certain extent, and from the necessity of the hour,
military governments may be constituted by the President; but permanent
civil governments, with----
MR. COLLAMER. To last beyond the war.
MR. SUMNER. As the Senator from Vermont well suggests, “to last beyond
the war,” with right of representation in Congress and in the Electoral
College, cannot be constituted by the President. Such a power would
be open to infinite abuse, and in the hands of an ambitious President
might be employed for selfish purposes. The national safety, in harmony
with republican principles, requires that it should be exercised by
Congress, which must take the lead in calling the new government into
being.
Against these conclusions there can be no argument founded on
principle. But it may be said that the admission of Senators from
Virginia constitutes a precedent. This is a mistake. The Virginia
case is a precedent for nothing, unless it be to make us more careful
for the future. It arose at the beginning of the troubles, before
the relations of the Rebel States had become fixed by pertinacious
war, and was little considered at the time. But, beyond all, it had
this peculiarity,--that a large section, geographically, of Virginia,
had, in fact, declined to recognize the pretension of secession, and
promptly constituted a loyal government without military intervention,
so that practically it had never been part of the Rebel Government. The
circumstances were so exceptional, that this case cannot be cited to
determine our conduct toward a State which in all its parts, throughout
its whole jurisdiction, accepted the pretension of secession, and
maintained it by arms. Such a State is, beyond all question, a Rebel
State, with no title to a place in Congress or in the Electoral
College, until readmitted to its ancient rights by a vote in both
Houses of Congress.
* * * * *
The readmission of a Rebel State to representation is not less
important than its original admission into the Union. And when it is
considered that what is done for one such State will be a precedent
for all, its importance is multiplied by the number of Rebel States;
and this again is augmented infinitely by the disturbed condition
of affairs, and the supreme duty to take every precaution for the
restoration of permanent tranquillity. It is not enough, if we comply
with certain forms, or constitute a State in name only. Much more must
be done, and all this must be placed under fixed and irreversible
guaranties. Vain is victory on the battle-field, if these guaranties
are not obtained. To make these possible, our armies are now engaged in
the deadly shock. That the future at least may be secure, the present
is given over to blood and slaughter, to graves and epitaphs. And
here is the difference between your responsibilities and those of the
soldier. The latter sees only the present; but you must see the future
also. The soldier meets the enemy face to face; the statesman, by wise
precautions, provides that the enemy, once conquered, shall never rise
again. Vain is the work of the soldier, if not consummated and crowned
by the wisdom of the statesman.
For years Slavery has been claiming guaranties in States and
Territories, and these chambers have echoed to the hoarse, inhuman
cry. At last another voice begins to prevail, ascending from basement
to cupola, filling chamber and dome with diviner echo: it is the voice
of Freedom claiming guaranties. In the absence of any constitutional
prohibition of Slavery, it is evident that these guaranties can be
obtained only under sanction of Congress in its legislative capacity.
And here we are brought again to the question of representation; for
as it is clear that representation cannot be conceded, until the
guaranties for Freedom have been secured, so it follows, representation
can be obtained only under the sanction of Congress in its legislative
capacity.
That Congress in its legislative capacity must determine this question
is sustained by the necessity of the case, by reason, by authority, and
by the President’s Proclamation.
1. I have already shown that guaranties for Freedom are _a condition
precedent_ to representation; so that, by the necessity of the case,
the latter must be determined by the joint action of both Houses of
Congress. Such is one form in which this necessity appears. But there
is another.
Congress must have jurisdiction over every portion of the United
States _where there is no other government_; but there can be no other
government in the Rebel States; so that the words of Chief Justice
Marshall are as applicable to a State without a loyal State government
as they were originally to a Territory:--
“Perhaps the power of governing a Territory belonging to the
United States, which has not by becoming a State acquired _the
means of self-government_, may result necessarily from the
facts that _it is not within the jurisdiction of any particular
State_, AND IS WITHIN THE POWER AND JURISDICTION OF THE UNITED
STATES.”[360]
The three things here affirmed of a Territory may all be affirmed of a
Rebel State.
_First._ It has not the means of self-government.
_Secondly._ It is not within the jurisdiction of any particular State.
_Thirdly._ It is within the power and jurisdiction of the United States.
From these again ensues the necessity of Congressional jurisdiction.
2. It would be unreasonable, if not absurd, for each Chamber to
determine the question of representation for itself. Suppose, for
instance, the Senate admit claimants from Arkansas, and the House
reject them. Then we should witness the anomaly of a State admitted to
one Chamber and excluded from the other. This would be _semi-admission_
into the Union. Part would be _in_, and part _out_. The Senators and
Representatives of the same State would be compelled to separate, as,
in Grecian mythology, one of the memorable twins, Castor and Pollux,
was translated to Olympus, and the other was left upon earth. The
Constitution does not contemplate the repetition of any such fable.
Arkansas must stay away, until she can be received in _both_ Houses,
and be recognized as a unit, not as a fraction; but no power short of
Congress can assure this equal reception in both Houses.
3. Authority is in harmony with reason. The question seems to have
been anticipated by the opinion of the Supreme Court of the United
States, as pronounced by Chief Justice Taney in the case of _Luther_ v.
_Borden_. Here are the words:--
“The fourth section of the fourth article of the Constitution
of the United States provides that the United States shall
guaranty to every State in the Union a republican form of
government, and shall protect each of them against invasion,
and, on the application of the Legislature, or of the Executive
(when the Legislature cannot be convened), against domestic
violence.
“Under this article of the Constitution, it rests with Congress
to decide what government is the established one in a State.
For, as the United States guaranty to each State a republican
government, Congress must necessarily decide what government is
established in the State, before it can determine whether it is
republican or not. And when the Senators and Representatives
of a State are admitted into the councils of the Union, the
authority of the government under which they are appointed, as
well as its republican character, is recognized by the proper
constitutional authority. And its decision is binding on every
other department of the government, and could not be questioned
in a judicial tribunal.”[361]
According to these positive words, “it rests with Congress to decide
what government is the established one in a State.” But Congress can
decide only through joint action.
4. The Constitution, also, by positive text, seems to place the
question beyond doubt. There are express words, as we have already
seen, declaring that “the United States shall guaranty to every State
in the Union a republican form of government.” If these words stood
alone, the case would be clear; but it becomes clearer still, when we
revert to the other clause, by which it is provided that “the Congress
shall have power to make all laws which shall be necessary and proper
for carrying into execution all powers vested by this Constitution in
the Government of the United States.” Now, since the guaranty is vested
in the Government of the United States, it follows that Congress has
the power for carrying it into execution. In Arkansas a republican
government has been overthrown by rebellion. Congress must see that
such government is restored; and to this end it has all needful power.
Congress, and not the President, must decide when the restoration has
taken place.
5. There is also the President’s Proclamation, which, by its very
terms, necessarily implies the action of Congress. We have, first, the
positive declaration that “whether members sent to Congress from any
State shall be admitted to seats constitutionally rests exclusively
with the respective Houses, and not to any extent with the Executive.”
But the language of the Proclamation and of the accompanying message
plainly assumes that the Rebel States have lost their original
character as States of the Union. Thus in one place the President says
that “the loyal State governments of several States have for a long
time been _subverted_.” But if subverted, they no longer exist. In
another place he proposes to “_reinaugurate_ loyal State governments.”
But a proposition to _reinaugurate_ implies a new start. In another
place he proposes to “_reëstablish_ a State government which shall be
republican.” But we do not _reëstablish_ a government continuing to
exist. In another place he proposes to “_set up_” a State government in
the mode prescribed. But whatever requires to be set up is evidently
down. In another place he considers how to guaranty and protect “a
_revived_ State government.” But we revive only what is dead, or,
at least, faint. There is still another place, where the President
evidently looks to the possibility of a change of name, boundary,
subdivisions, constitution, and general code of laws in the restored
State. These are his identical words: “And it is suggested _as not
improper_, that, in _constructing_ a loyal State government in any
State, _the name of the State_, _the boundary_, the subdivisions, the
constitution, and the general code of laws, as before the Rebellion,
be maintained.” Thus the President does not insist that even the
name and boundary of a State shall be preserved. He contents himself
with suggesting that it will not be “improper” to preserve them “in
_constructing_ a loyal State government.” Of course this suggestion of
what is not improper implies necessarily that in his opinion even these
great changes are within the discretion of the revived community.
I have called especial attention to the language of the President,
because it constantly assumes, in a succession of phrases, that the
Rebel States are in an abnormal condition, from which they are to
be recovered or revived; and since such recovery or revival can be
consummated only by action of Congress, it is reasonable to infer that
such was his expectation. At all events, the Proclamation, by repeated
assumptions with regard to the Rebel States, testifies to the necessity
of Congressional action.
We have already seen that Andrew Johnson declared the State of
Tennessee “vacated” of all local government which we are bound to
respect; and this language obviously harmonizes with that of the
President. But Arkansas was in a similar situation.
Such are some of the arguments for the power of Congress. Others
might be adduced; but I have said enough. The necessity of the case,
reason, the authority of the Supreme Court, the Constitution, and the
President’s Proclamation, each and all, tend to the same conclusion,
even without resorting to those war powers which are all within the
reach of Congress. Yet if we glance at the latter, we find the power
of Congress declared beyond question. There is nothing the President
may do as commander-in-chief which Congress may not direct and govern,
according to the authoritative words of Chancellor Kent:--
“Though the Constitution vests the executive power in the
President, and declares him to be commander-in-chief of
the army and navy of the United States, _these powers must
necessarily be subordinate to the legislative power in
Congress_.”[362]
And these powers, vast as they are, when called into activity by the
exigency of war or rebellion, become as constitutional as if specified
precisely in a written text.
* * * * *
Mr. President, there is a saying of Antiquity applicable to this
question: _Make haste slowly_. Do not fail to make haste; but let your
haste be governed by wisdom and prudence. In making haste, do not
sacrifice all safeguards for the future. In haste to welcome Senators
from Rebel States, do not forget everything else: do not forget the
principles of republican institutions, offended by the rule of a
minority; do not forget the principles of justice among the States,
shocked by admission of the fraction of a Rebel State to equality of
power with loyal States; do not forget the disturbed condition of
the Rebel States, rendering the civil authorities subordinate to the
military; do not forget the necessity of a connecting link of legality
between the old and the new; do not forget that commercial intercourse
must be restored, and every ban of proclamation or statute removed,
before representation can be allowed; and, still further, do not
forget that the Rebel States, by their own acts, sustained by bloody
war, have voluntarily placed themselves outside the pale of political
association, until Congress shall recognize them again entitled to
their original equality; but, above all, do not forget that there can
be no recognition of a Rebel State, until its permanent tranquillity is
assured by irreversible guaranties which no local power can disturb.
Keep these things in mind, and then make haste.
Of course, when within the confines of a State the Rebellion is
triumphantly subdued, and the great body of the people manifest an
unmistakable loyalty,--when local elections are held according to
ordinary municipal forms,--when laws, and not arms, prevail,--and
when a government, republican in fact as in name, making Slavery
forever impossible, under any form or pretence, is permanently
established,--then will Congress, by proper legislative action, rejoice
to welcome the newly constituted State to its equal share in the
National Government. But such welcome must not be precipitate. It can
be offered only after most careful inquiry into the actual condition of
things, and the assured conviction that the Rebel State has been newly
constituted in fact as in name. And this caution is needed, not only
for the good of the Union, but for the good of the State itself, which
must be saved from premature responsibilities beyond the measure of its
present powers.
Sir, it is much to be a State in full fellowship and equality with
other States represented in these two Chambers, with a voice in the
election of President and Vice-President, and with a star on the
national flag. To be admitted into such prerogatives and privileges,
a State must be “above suspicion,” and it must be able to use well
all the great powers belonging to the State. But if a State is not
yet “above suspicion,” and is not strong enough to stand alone, even
against domestic disturbers, it cannot expect immediate recognition. It
must wait yet a little longer, until, restored at last in character and
in strength, it can do all the duties of a State, and with master-hand
grasp that Ulyssean bow which pretenders strive in vain to bend.
Mr. President, I conclude as I began, with my heart’s gratitude to
those brave citizens who again in Arkansas lift the national banner.
Let them not be disheartened. Their country is with them in all their
perils and all their efforts, longing to receive them again into
ancient fellowship and equality; but the time for this welcome has not
yet come. Meanwhile let them remember that “they also serve who only
stand and wait.”
A debate ensued, in which Mr. Reverdy Johnson replied to Mr.
Sumner. Mr. Wade moved that the joint resolution lie on the
table, which was lost,--Yeas 5, Nays 32. On motion of Mr. Lane
it was referred to the Committee on the Judiciary, together
with the credentials of Hon. William M. Fishback and Hon.
Elisha Baxter. At the same time, on motion of Mr. Sumner,
his resolution on the conditions of Reconstruction[363] was
referred to the same Committee.
June 27th, Mr. Trumbull, from the Committee, reported
adversely on all these references.
MEANS FOR THE WAR THE TRUE OBJECT OF THE TARIFF.
REMARKS IN THE SENATE, ON AN AMENDMENT TO THE TARIFF BILL, JUNE 16,
1864.
June 16th, the Tariff Bill being under consideration, and Mr.
Pomeroy, of Kansas, moving to reduce the duty on railroad iron
from seventy cents to sixty cents per hundred pounds, Mr.
Sumner said:--
MR. PRESIDENT,--I am reluctant to think that we are legislating for
a long number of years. Indeed, I regard what we are now doing as
temporary or provisional. It is to meet the exigency of the hour; and
on this account precisely I am ready to follow the Chairman of the
Committee on Finance, in opposing the proposition of the Senator from
Kansas.
Here I repeat, Sir, what I have said very often on this floor since
the Rebellion began, that there is one rule which I always follow, and,
by the blessing of God, will follow to the end. It is this: show me how
I can best contribute to the resources of my country, enabling it to
reach the end we all desire, and I shall vote for it. At this moment
I know no way in which I can contribute more than by adding to the
financial strength. Show me how I can most surely secure means to carry
on the war and obtain its successful close, and I shall vote for it.
If, therefore, by a tax at seventy cents I can promise a larger income
than by a tax at sixty cents, I shall vote for seventy cents. To that
extent I follow the Senator from Maine.
The amendment was lost,--Yeas 17, Nays 20.
NO TAX ON EDUCATION.
REMARKS IN THE SENATE, ON A PROPOSED DUTY ON PHILOSOPHICAL INSTRUMENTS
FOR COLLEGES, JUNE 17, 1864.
June 17th, on the Tariff, the question arose of repealing
the clause exempting from tax “philosophical apparatus and
instruments imported for the use of any society incorporated
for philosophical, literary, or religious purposes, or for the
encouragement of the fine arts, or for the use or by the order
of any college, academy, school, or seminary of learning,” and
imposing a duty of twenty per cent _ad valorem_.
Mr. Sumner said:--
Little money, much mischief: these are two objects that present
themselves. That we shall obtain little money is obvious, when it is
considered that the philosophical apparatus and instruments imported
by colleges and literary institutions, particularly when exposed to
this tax, will be of little value. Twenty per cent on their value
will not be much for the country. The detriment will appear in the
discouragement to their importation. Now, Sir, I would encourage
such importations. I would encourage everything by which these
associations may be benefited. Not only the associations will gain by
such encouragement, but the whole land will reap the advantage. If I
could have my way, I would rather lavish upon them bounties. To my
mind it is clear that the education of our country would be advanced
by stimulating such importations rather than by discouraging them.
But there is no question now of stimulating; the proposition is to
discourage. I hope it will not be imposed.
The tax was voted in committee,--Yeas 18, Nays 16.
* * * * *
At the next stage of the bill Mr. Sumner renewed his opposition.
I merely wish to make one remark. I would not protract the discussion
at this late hour; but I must say that to my mind the proposition
is not creditable to our country, and, I think, if adopted, will
be mischievous. That is the way it impresses me. I cannot see it
otherwise. It is to me a tax on education, and as such odious to an
extent which I am hardly willing to characterize. Because we are
engaged in war, I find no reason for a tax on education. Tax luxuries,
tax necessaries, tax everything else; but do not tax education. As I
said this morning, if need be, rather give it a bounty.
The vote in committee was concurred in, and the tax imposed.
ABOLITION OF THE COASTWISE SLAVE-TRADE.
SPEECHES IN THE SENATE, ON AN AMENDMENT TO THE CIVIL APPROPRIATION
BILL, JUNE 24 AND 25, 1864.
May 2, 1862, Mr. Sumner gave notice that he should, at an early
day, ask leave to introduce a bill to abolish the coastwise
traffic in slaves under the flag of the United States; and he
added, “In giving this notice, I desire to say that there is a
disgraceful statute which exists unrepealed, and my object is
to remove it from the statute-book.”
March 22, 1864, he reported from the Committee on Slavery
and Freedmen a bill to prohibit commerce in slaves among the
several States, and the holding or transporting of human
beings as property in any vessel within the jurisdiction of
the National Government, which was read and passed to a second
reading. At the same time he said that he did this as a report
in part on “a large number of petitions calling upon Congress
to provide by legislation for the extinction of Slavery.”
The bill reported was as follows.
“A Bill to prohibit commerce in slaves among the several
States, and the holding or transportation of human beings
as property in any vessel within the jurisdiction of the
National Government.
“_Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_,
That there shall be no commerce in slaves among the several
States, by land or by water; and any person attempting or
aiding to transport slaves, as an article of commerce,
from one State to another State, or any person who shall
take part in such commerce, either as seller, buyer, or
agent, shall be deemed guilty of a misdemeanor, and,
being convicted thereof before any court having competent
jurisdiction, shall suffer imprisonment for not more than
five years, and be fined not exceeding five thousand
dollars, one half of such fine to go to the informer; and
every slave so treated as an article of commerce among
States shall be free.
“SEC. 2. _And be it further enacted_, That no human being
shall be held or transported as property in any vessel on
the high seas, or sailing coastwise, or on any navigable
waters within the jurisdiction of the United States; and
every vessel violating the provisions of this act shall be
forfeited to the United States; and every master of such
vessel consenting to such violation shall be deemed guilty
of a misdemeanor, and on conviction thereof subject to
the penalties hereinbefore provided, one half of the fine
to go to the informer; and every human being so held or
transported as property shall be free.
“SEC. 3. _And be it further enacted_, That all acts or
parts of acts inconsistent herewith, including especially
so much of an act approved March second, one thousand eight
hundred and seven, as regulates the coastwise slave-trade,
are hereby repealed.”
Failing to obtain an opportunity for this bill in the Senate,
Mr. Sumner determined to move it on an appropriation bill.
June 24th, the Senate having under consideration the bill
making appropriations for sundry civil expenses of the
Government, Mr. Sumner moved the following amendment:--
“_And be it further enacted_, That sections eight and nine
of the Act entitled ‘An Act to prohibit the importation of
slaves into any port or place within the jurisdiction of
the United States from and after the first day of January,
in the year of our Lord 1808,’ which sections undertake to
regulate the coastwise slave-trade, are hereby repealed.”
Mr. Sherman, who had succeeded Mr. Fessenden as Chairman of
the Finance Committee, “would not oppose the amendment on an
ordinary bill,” but he trusted “the Senate would keep this bill
free from these disputed, extraneous, political questions.”
Mr. Sumner replied:--
MR. PRESIDENT,--I am sorry that the Senator objects to this amendment.
It is true, his objection is of form; but I venture to say that no such
objection should be made to such a proposition, especially at this
stage of the session.
In moving it now on an appropriation bill, I follow approved
precedents. There is no rule of order against it; nor is there any rule
of usage. On the contrary, it is in conformity with both order and
usage.
The Senator wishes to keep the Appropriation Bill free from extraneous
matter. But this is not sufficient reason for excluding my amendment,
unless the Senator is ready, for the sake of form, to sacrifice
substance. If it be important that my amendment should prevail, and
if at this late stage of the session it may be difficult to carry it
otherwise, then am I clearly right in moving it, as I now do, and
the Senator is wrong in opposing it. An appropriation bill is like a
“through train,” and while its special office is to appropriate money,
yet it may carry anything required by the public good.
Why, Sir, there is hardly ever an appropriation bill that is not
compelled to take passengers in this way. It has been so during the
present session repeatedly; and if the Senator will read the “Statutes
at Large,” he will find that the usage has prevailed for years. It is
no new thing. I do not begin it.
If it were necessary to furnish examples, I might point to my friend,
the Senator from New Hampshire [Mr. HALE], who gained one of his
proudest triumphs in this Chamber, securing to him the sympathy and
gratitude especially of sailors, by moving on an appropriation bill the
abolition of the lash in the naval and commercial marine of the United
States. Had he been driven to wait a special act for this purpose, I
fear he would have been waiting to this day. And the example of the
Senator has been followed by the Senator from Iowa [Mr. GRIMES], who,
on an appropriation bill, moved and carried the abolition of grog in
the navy.
But I am not without personal experience under this head. I trust that
I shall not take too great a liberty, if I adduce it even in detail.
I was chosen to the Senate for the first time immediately after the
passage of the infamous Fugitive Slave Act of 1850. If I received from
the people of Massachusetts any special charge, it was to use my best
endeavors to secure the repeal of that act. I began the work in the
first session that I was here. Disappointed in various efforts to bring
the question directly before the Senate on a bill or resolution, I
ventured at last--on the advice of eminent Senators who differed from
me in sentiment, but who appreciated candidly the obligations of my
position--to move the repeal on an appropriation bill. A debate ensued,
which lasted till late in the evening. It may not be uninteresting
to know that on the ayes and noes there were but four votes in the
affirmative,--Mr. Chase, Mr. Hale, Mr. Sumner, and Mr. Wade. This was
26th August, 1852. Such was the weakness of our cause at that time.
But please remark, that, throughout the protracted and sometimes
acrimonious debate, it was never for a moment objected that the
proposition was “not germane to the bill,” or that it was not
completely in order. Had any such thing been tenable, had there been
the least apology for it, had it not been utterly unreasonable, be
assured, Sir, it would have been made the excuse for stifling the
discussion. The two political parties had just made their nomination
for President. Franklin Pierce was the candidate of the Democrats, and
Winfield Scott of the Whigs. Both had united on platforms declaring the
Compromise measures, including the Fugitive Slave Act, “a finality” not
to be opened or discussed. But they were opened and discussed on that
day.
Mr. Hunter, of Virginia, was at the time Chairman of the Committee
on Finance. He was in many respects a remarkable person, with a mind
enlarged somewhat by study and long experience in public affairs, and
with a temper not easily disturbed. Looking back upon his conduct of
the business entrusted to him, there can be no question of his ability
or fidelity. There was neither weakness nor indifference in that
mildness of sway. He understood completely the duties of his position,
was a jealous guardian of the appropriation bills, and was, moreover,
a most determined thick-and-thin partisan of Slavery in all its
pretensions. But I do not recollect that he interposed any objection
to the time or place of my motion; and though the Fugitive Slave Bill
was part of his political and social creed, I am sure that he allowed
the debate to close without any criticism upon my course, or a single
impatient word. All this now belongs to history, and I mention it as a
precedent for the present hour.
My motion that day was discussed on its merits, and I trust my motion
to-day will be discussed in the same way.
I seek to remove from the statute-book odious provisions in support of
Slavery. Whoever is in favor of those provisions, whoever is disposed
to keep alive the coastwise slave-trade, or to recognize it in our
statutes, will naturally vote against my motion. And yet let me say
that I am at a loss to understand how, at this moment, at this stage of
our history, any Senator can hesitate to unite with me in this work of
expurgation and purification. At all events, I trust the Senator from
Ohio will not set up an objection of form to prevent the success of
this good work. He must not be more severe against Freedom now than was
the representative of Slavery who occupied his place when I moved the
repeal of the Fugitive Slave Bill.
Mr. Reverdy Johnson agreed with Mr. Sherman in his objection,
and then argued, that, on the repeal of the Act of Congress
regulating this trade, it could be carried on under the
Constitution without restriction.
Mr. Sumner said:--
Of course I disagree radically with the Senator from Maryland [Mr.
JOHNSON]. He is always willing to interpret the Constitution for
Slavery. I interpret it for Freedom. And yet he is anxious lest
the repeal of the two obnoxious sections regulating the coastwise
slave-trade should leave it open to unrestrained practice. I do not
share his anxiety.
Where will the slaves come from? Not from the Rebel States; for
Emancipation is the destined law there. Not from his own State; for
Emancipation will soon be the law there. But even should slaves be
found for this traffic (which, thank God, cannot be the case), I
am unwilling that Congress should continue to regulate the ignoble
business. Our statute-book should not be defiled by any such license.
Remove this license, and the Constitution, rightly interpreted, will do
the rest.
Here arises the difference between the Senator and myself. He proceeds
as if those old days still prevailed, when Slavery was installed
supreme over the Supreme Court, giving immunity to Slavery everywhere.
The times have changed, and the Supreme Court will yet testify to the
change. To me it seems clear, that, under the Constitution, no person
can be held as a slave on shipboard within the national jurisdiction,
and that the national flag cannot cover a slave. The Senator thinks
differently, and relies upon the Supreme Court; but I cannot doubt
that this regenerated tribunal will yet speak for Freedom as in times
past it has spoken for Slavery. And I trust, should my life be spared,
to see the Senator from Maryland, who bows always to the decisions of
that tribunal, recognize gladly the law of Freedom thus authoritatively
pronounced. Perhaps he will wonder that he was ever able to interpret
the Constitution for Slavery. If he should not, others must.
But my special purpose is to remove odious provisions, and I have
contented myself with words of repeal, in the hope of presenting the
proposition in such a form as to unite the largest number of votes. My
own disposition has been to go further, and to add words of positive
prohibition. But, at the present moment, I am willing to waive
this addition, and content myself with the simple repeal, that our
statute-book may no longer be degraded, trusting that the Constitution,
rightly interpreted, will suffice. And yet the positive prohibition,
which the Senator seems to invite or to challenge, would not only
purify the statute-book, but effectually guard against the future, so
that both Constitution and Law would be arrayed against an infamous
traffic. Clearly this ought to be done; and if I have not presented
it, do not set it down to indifference or inattention, but simply to
my desire that the proposition, moved on an appropriation bill, should
be limited to the necessity of the occasion. To do less than I propose
would be wrong. I should be glad to do more.
Mr. Hendricks, of Indiana, remarked:--
“I am surprised that any Senator should oppose the
proposition of the Senator from Massachusetts, for we all
know that eventually it will be adopted. The objection as
to its materiality, or proper connection with this measure,
is but an objection of time. No gentleman can question
that the Senator from Massachusetts will eventually carry
his proposition.… Why, then, contest the matter longer?…
It may as well come now as at any time.… Sir, I regret
to see this. Every law put upon the statute-book by our
fathers, with a view of carrying out the provisions of the
Constitution, or in pursuance of the spirit of the union
between the States, I regret to see wiped out; but we have
witnessed it, and I think the effort to delay is useless.”
Mr. Collamer, of Vermont, argued for the repeal, insisting
that “all laws that undertake to deal with slaves, who are
persons under the Constitution and our laws, as articles of
merchandise, are unconstitutional.”
Meanwhile Mr. Sumner added to his amendment the words, “and
the coastwise slave-trade is prohibited forever”; so that the
amendment repealed the two obnoxious sections regulating the
trade, and also prohibited it.
June 25th, the debate continuing, Mr. Sumner spoke again.
I wish to make one remark on the question of power. I say nothing on
the point whether Congress under the Constitution may regulate the
trade in slaves between the States on the land. I waive that question.
The proposition before the Senate simply undertakes to prohibit the
coastwise slave-trade. Now, Sir, I hold in my hand Brightly’s Digest.
Turning to that, you will find one head entitled “Coasting Trade,”
containing no less than forty-eight different sections, each in the
nature of a regulation by Congress on that subject. I turn next to
another head, entitled “Passengers.” There I find seventeen sections,
each in the nature of a regulation on that subject; and in point of
fact it is well known that Congress has, by most minute regulations,
determined the conditions on which passengers shall be carried in
ships. It is known that those regulations are applied especially on
board the California steamers, and the steamers between this country
and Europe. In the one case the steamers are foreign; in the other they
are domestic,--or the trade, if I may so say, is domestic. In view of
this minute and ample legislation on the subject of passengers and of
the coasting-trade, I submit there can be no question that Congress
can go further, and, by a final regulation, declare that in our
coasting-trade there shall be no such thing as the slave-trade.
The amendment was lost,--Yeas 13, Nays 20.
At the next stage of the bill Mr. Sumner moved the same
amendment, with the words prohibiting the coastwise
slave-trade. On moving it, he remarked:--
I have but one observation to make. It seems to me this Congress will
do wrong to itself, wrong to the country, wrong to history, wrong to
the national cause, if it separates without clearing the statute-book
of every support of Slavery. Now this is the last support in the
statute-book, and I entreat the Senate to remove it.
Mr. Saulsbury moved the indefinite postponement of the bill,
which was lost without a division. Meanwhile Mr. Sumner had
succeeded in attaching to the Appropriation Bill the clause
opening United States courts to colored witnesses. Alluding to
this incident, Mr. Doolittle said that he did not like to vote
for such measures on appropriation bills, but that he was in
favor of the abolition of the coastwise slave-trade, and should
vote in the affirmative.
The amendment was carried,--Yeas 23, Nays 14,--and the bill
was approved by the President July 2, 1864.
OPENING OF THE UNITED STATES COURTS TO COLORED WITNESSES.
SPEECH IN THE SENATE, ON AN AMENDMENT TO THE CIVIL APPROPRIATION BILL,
JUNE 25, 1864.
Failing to obtain a hearing for the bill reported from the
Committee on Slavery and Freedmen,[364] Mr. Sumner resorted
again to the Appropriation Bill.
June 25th, the Senate having under consideration the Civil
Appropriation Bill, Mr. Sumner, after stating that the third
section appropriated one hundred thousand dollars to aid the
administration of justice, especially in bringing to conviction
counterfeiters of Treasury notes, bonds, or other United States
securities, as well as coin, remarked, that, to accomplish this
result, something more than money was needed,--that there must
be an amendment of the Law of Evidence; and he sent to the
Chair the following proviso, to be added to the third section:--
“_Provided_, That in the courts of the United States there
shall be no exclusion of any witness on account of color.”
Mr. Sumner then remarked:--
This, Mr. President, is an amendment surely apposite. The objection
of form, urged to my other proposition, is without any shadow of
support here. It is proposed in the bill to appropriate one hundred
thousand dollars to “bring to trial and punishment” counterfeiters. The
object is important, especially at this moment, when we are putting
in circulation national securities on so large a scale. But suppose
the counterfeiter, in a State where the evidence of colored persons
is excluded, chooses to employ such persons in his crime. How can you
bring him to punishment? All this large appropriation will not help
then. It will be of no avail. The counterfeiter, surrounded by colored
accomplices, may mock your laws. But admit the testimony of these
accomplices, and then will justice be done. I refer to this class of
cases because your bill provides especially for them, and thus attests
the importance of precautionary effort.
But the hardship and absurdity of this rule, apparent in the case of
a counterfeiter surrounded by colored accomplices, arise in every
other case of crime. How justice can be administered, where such a
rule prevails, I am at a loss to understand. Now that Slavery is
disappearing, this rule ought to disappear also.
The subject has already been discussed at length, during the present
session, in an elaborate report which I have had the honor of making
from the Select Committee on Slavery and Freedmen; so that I need not
occupy your time. Besides, the case is too plain for argument. But
I have in my hands letters from gentlemen in Virginia, showing the
practical necessity of the testimony of colored persons there. Here is
one:--
“HALL OF THE CONVENTION,
ALEXANDRIA, VIRGINIA, March 17, 1864.
“I address thee as friend, although having no personal
acquaintance, but have long known thee by reputation as a
friend to the human race. Having been connected with the
reorganized government from its beginning, I naturally feel a
strong interest in its welfare.
“We have in Convention abolished slavery in the organic law of
the State, and it would at first sight seem as if our fondest
hopes were realized. But another difficulty now stares us
in the face, which, in the present state of public opinion,
we cannot conquer: I allude to the subject of allowing the
freedmen to give testimony in our courts. This will not be
allowed, where the interests of whites are involved. The result
that will follow any one can foresee,--that their persons and
property will be at the mercy of every vagabond who may happen
to have a black heart instead of a black skin.
“While they were slaves, their masters were a protection to
them against others. Although there was not much law looking
that way, their owners being of the all-powerful class in the
communities in which they lived, their influence answered the
end very well. My object in writing was to make thee acquainted
with the probable future position of these people, thinking it
might be possible to ameliorate their condition by some Federal
legislation. While I speak of Virginia, I have no doubt but
that the same will be true of the whole South, and will be a
gigantic evil that may lead to the most disastrous results.
The negro, after this war, will not be the same man as before:
breathing the air of freedom, trained to arms, understanding
the power of combination, and familiar with blood, it will be
tampering with a volcano to deny him protection of person and
property.”
I do not give the name of this writer, because he is unwilling that
it should be known. But you will observe, from the date of the letter,
that he was a member of the Virginia Convention. His testimony will
speak for itself. The other letter, as you will see, is from the
District Judge of Virginia.
“UNITED STATES DISTRICT COURT,
ALEXANDRIA, VIRGINIA, March 22, 1864.
“DEAR SIR,--Some time since I saw by the papers that you were
urging the admission of our freedmen as witnesses in all United
States courts.
“In several confiscation cases now pending in this court such
testimony will be of the greatest importance. Indeed, I am
told by the United States Assistant Attorney in this court,
that, from his knowledge in the preparation of these cases, the
prosecution will probably fail, and the Government be subjected
to costs, unless such testimony is allowed in several cases now
on our docket. You will therefore see the necessity of a speedy
change of the law, corresponding to the change which has taken
place in the condition of the freedmen.
“Your obedient servant,
“JOHN C. UNDERWOOD, _District Judge_.
“Hon. CHARLES SUMNER, _United States Senate_.”
This is practical wisdom. Let me add to it proof from another quarter.
Sir Samuel Romilly, whose great fame as a lawyer was enhanced by humane
labors in Parliament, has furnished evidence on this very point.
“The laws of the Colonies are said to be humane; but by those
laws a child of five or six years old may receive, for a slight
offence or for no offence, at the caprice of the master or
overseer, no less than thirty-nine lashes with what is termed
a cart-whip. To this dreadful extent the law _authorizes_ the
infliction of punishment by individuals. But even in cases
where the law conveys no authority, where wanton cruelty is
inflicted in defiance of the law, how easy it must be to
escape detection, when the testimony of a negro, or a thousand
negroes, would not avail against a white man! And with what
force must this argument strike, when we reflect on the
proportion which the white bear to the black inhabitants of
the island! What security could we expect in our passage even
through the streets of London, if ninety-nine people out of
a hundred, or even nine out of ten, were incompetent to give
evidence in a court of justice?”[365]
Mr. President, in bringing forward this measure, I waive for the
present all questions of right, and, if you please, all sentiments of
humanity. I ask attention plainly and directly to the practical failure
of justice which must arise without its adoption. This may be seen
under two different heads: first, with regard to colored persons; and,
secondly, with regard to white persons.
If colored persons cannot testify against white persons, what
protection can they have against outrage? The white person may
perpetrate any brutality upon colored persons with impunity. There is
nothing in the dreary catalogue of crime, from a simple assault to
murder itself, which may not be committed with impunity by a white
person, if no other white person be present. This bare statement is
enough. Surely at this moment there should be no delay in preventing
such failure of justice.
But the same failure may occur in the case of white persons. Let a
white person be assaulted, or murdered, if you please, by another white
person, but only in the presence of colored persons, and justice cannot
be administered. The criminal will continue at large unpunished.
Therefore, for the administration of justice, that it may not fail to
the colored person, and then again that it may not fail to the white
person, there should be no exclusion of any citizens on account of
color.
Let the witness always be admitted to testify, leaving the jury to be
judges of his credibility. If his story seems improbable, or there be
anything in his manner, conduct, or past life to excite distrust, the
jury will be able to measure the just weight of his testimony.
It is hard to be obliged to argue this question. I do not argue it.
I will not argue it. I simply ask for your votes. Surely, Congress
will not adjourn without redressing this grievance. The king, in Magna
Charta, promised that he would deny justice to no one. Congress has
succeeded to this promise and obligation.
Mr. Sherman said he “trusted, that, after the experience of
last night, when the thermometer here rose to ninety-three
degrees, and we were all exhausted by a debate on irrelevant
matter, the Senator from Massachusetts would not introduce upon
this appropriation bill a topic of this kind.” He thought we
had already voted on this amendment on two other bills.
Mr. Sumner, after remarking that he had not been able to bring
the amendment applicable to the United States courts to a vote
by itself, said:--
I can state to the Senator the different occasions on which this
principle prevailed. It prevailed on the statute emancipating slaves
in this District; but here it was applicable only to cases arising
in questions of freedom under the statute. It was next broadened to
all proceedings in the courts of the District. But it has not been
applied beyond that. I have sought to apply it generally; I have moved
it more than once on other bills, and have failed; and the measure
is now pending as a bill reported by the Select Committee on Slavery
and Freedmen, and it is also pending as a section of another bill
reported by the Senator from Vermont [Mr. COLLAMER] from the Committee
on Post-Offices and Post-Roads. Therefore it has the approval, as a
general proposition, of two separate committees of this body, while, as
a proposition applicable to the District of Columbia, it has had the
sanction of the Senate twice over; and now I plead with the Senate not
to arrest it here.
Mr. Sherman replied: “I agree with the Senator in the
general principle entirely; but I hope he will not press the
proposition as an amendment to this bill, for I know it will
create discussion.”
Mr. Sumner said:--
I believe it is always time for an act of justice, and I think this
Congress ought not to separate without this act of justice. It ought
to do it for the sake of the administration of justice. I have not
put this case, you will bear witness, on any grounds of sympathy
or sentiment or humanity; I plead for it now as essential to the
administration of justice; and for one, as a Senator, I cannot
willingly abandon the opportunity afforded me by my seat here of making
this motion,--of making this effort to open the courts of my country to
evidence without which justice must often fail.
Mr. Carlile, of Virginia, appealed to Mr. Sumner “to withdraw
the amendment, and allow this subject to rest, at least until
the next session of Congress.” This he declined to do.
Mr. Buckalew, of Pennsylvania, thereupon moved to amend the
amendment by adding, “nor in civil actions, because he is a
party to or interested in the issue tried.” Then came the
following passage.
MR. SUMNER. I am in favor of that proposition, taken by itself; but I
do not wish it put upon this.
MR. GRATZ BROWN (to Mr. SUMNER). That is just what other people
say about yours.
MR. SUMNER. I understand that; but I wish to secure this justice.
MR. BUCKALEW. I wish to secure the additional justice provided
by my amendment.
MR. SUMNER. I will vote for the Senator’s proposition by itself. Let
him move it when mine is carried.
MR. SAULSBURY. I do not wish to say anything about the “nigger”
aspect of this case. It is here every day, and I suppose it
will be here every day for years to come, till the Democratic
party comes into power and wipes out all legislation on the
statute-book of this character, which I trust in God they will
soon do.
* * * * *
The amendment of Mr. Buckalew was agreed to, and Mr. Sumner’s
amendment, as amended, was carried,--Yeas 22, Nays 16,--and the
bill was approved by the President July 2, 1864.
RECONSTRUCTION, AND ADOPTION OF PROCLAMATION OF EMANCIPATION BY ACT OF
CONGRESS.
REMARKS IN THE SENATE, JULY 1, 1864.
The effort at Reconstruction, which failed in the previous
Congress, was superseded at the present session by another,
having, like the former, as its distinctive feature, the
assertion of the power of Congress over the Rebel States.
February 15th, Henry Winter Davis, of Maryland, reported a bill
to guaranty to certain States, whose governments have been
usurped or overthrown, a republican form of government. This
bill provided for these States Provisional Governors, appointed
by the President by and with the advice and consent of the
Senate; also, the assembling of Constitutional Conventions,
chosen by “loyal white male citizens,” being a majority of the
persons enrolled in the State, which shall declare “involuntary
servitude forever prohibited, and the freedom of all persons
guarantied in said State”; also, all slaves were declared
emancipated, and persons free by this or any other act or by
“any proclamation of the President” were protected in their
freedom. After earnest debate, this bill passed the House May
4th,--Yeas 74, Nays 66.
In the Senate the bill was referred to the Committee on
Territories, of which Mr. Wade was Chairman. May 27th, he
reported it to the Senate with amendments. July 1st, it was on
his motion considered, and, in order to save the bill at that
late day of the session, he abandoned the amendments reported,
the most important of which was to strike out the word “white,”
so as to read “all male citizens of the United States.” This
amendment was rejected, by Yeas 5, Nays 24,--the minority being
Messrs. Gratz Brown, Lane, of Kansas, Morgan, of New York,
Pomeroy, of Kansas, and Sumner. Mr. Gratz Brown then moved to
substitute for the whole bill a single section, providing that
the inhabitants of a State declared to be in insurrection shall
not cast any vote for electors of President or Vice-President,
or elect Senators or Representatives in Congress, until the
suppression of the insurrection, “nor until such return to
obedience shall be declared by proclamation of the President,
issued by virtue of an Act of Congress, hereafter to be
passed, authorizing the same.” This was in conformity with
propositions introduced by Mr. Sumner.[366] The House bill was
unsatisfactory, inasmuch as it founded the new governments on
“white male citizens”: but, besides asserting the power of
Congress over the Rebel States, it decreed the abolition of
Slavery in these States; therefore Mr. Sumner favored it. But
the substitute of Mr. Brown prevailed,--Yeas 17, Nays 16.
Mr. Sumner then brought forward his bill, originally reported
from the Committee on Slavery and Freedmen, and moved it as an
additional section:--
“_And be it further enacted_, That the Proclamation of
Emancipation, issued by the President of the United States
on the 1st day of January, 1863, so far as the same
declares that the slaves in certain designated States and
portions of States thenceforward should be free, is hereby
adopted and enacted as a statute of the United States, and
as a rule and article for the government of the military
and naval forces thereof.”
Mr. Hale, of New Hampshire, was in favor of this, but thought
it “incongruous and out of place here.” Mr. Sumner followed.
The Senator from New Hampshire is entirely mistaken, when he says that
the section moved by me is incongruous. The Senator whispers to me that
he did not say so.[367] I beg his pardon; he began by saying it was
incongruous. It is entirely germane,--nothing could be more germane.
The section already adopted concerns the Rebel States: that I offer
concerns the Rebel States. The Senator cannot vote against what I now
offer; it is neither more nor less than this: to recognize as a statute
the Proclamation of Emancipation, putting it under the guaranty and
safeguard of an Act of Congress. That is all. It is as simple as day;
it is as plain as truth. It is impossible for any person recognizing
the Proclamation of Emancipation, or disposed to stand by it, to vote
against the amendment I now offer. I wish Emancipation in the Rebel
States supported by Congress. I am unwilling to see it left afloat
on a presidential proclamation. We are assured that the Proclamation
will not be changed; but who knows what may be the vicissitudes of
elections? I do not look far enough into the future to see what
proclamation may be issued hereafter. I would make the present sure,
and fix it forevermore and immortal in an Act of Congress.
Mr. Saulsbury, of Delaware, denounced the amendment as “an
attempt by Federal legislation to legislate for the States
themselves, to regulate their domestic institutions,--to
control property, in other words.” Mr. Gratz Brown said that
the amendment, “as an independent proposition, met his hearty
concurrence”; that he concurred heartily and fully with Mr.
Sumner “as to the propriety of putting in the shape of a
statute that proclamation of the President”; but that it ought
not to be on the present bill, as it could not pass the House.
MR. SUMNER. I adopt the language of my friend from Missouri. He regards
his proposition as necessary. I regard his proposition, or something
equivalent, as necessary. But not less necessary do I regard that which
I have the honor to offer. His is to meet a question in Reconstruction.
Mine is to meet a similar question.
MR. BROWN. Mine is not a proposition for Reconstruction, at
all. It is simply providing that they shall not exercise the
elective franchise until Congress authorizes it by Act.
MR. SUMNER. I understand it. The obvious effect is to postpone all
activities tending to Reconstruction, and to bring them all under the
rule of Congress. That is the object of the Senator. And my present
object is to bring Emancipation under the rule of Congress, so that
it shall no longer depend on the Proclamation of the President. I am
unwilling that Emancipation shall depend upon the will of any one man,
be he Senator or President. I would place it under the highest sanction
which our country knows. If I could, I would place it at once under
the shield of the Constitution; but that failing, let me place it
under that other safeguard, an Act of Congress. I am sure the Senator
cannot differ with me. But the Senator, whose experience here certainly
does not compare with that of others, assures us that this measure
cannot pass the other House. Sir, by what intuition has he arrived
at that knowledge? I have no means of knowing that. On the contrary,
if left to draw my conclusion from what has already occurred, I say,
unhesitatingly, it can pass the other House. The Senator forgets,
that, when it reaches the other House, it will not be as a bill, to
go through its three different stages,--but as an amendment to a
House bill, subject only to one stage of proceeding, with one vote. I
tell the Senator it can pass the other House. It only requires that
the Senate should send it there. Let us will it, and it can be done;
and I do entreat the Senator from Missouri, who I know is pledged so
strenuously to the cause of Emancipation, not to fail it at this hour.
The amendment of Mr. Sumner was lost,--Yeas 11, Nays 21.
The bill, as amended by the substitute of Mr. Brown,
then passed the Senate,--Yeas 26, Nays 3. The House of
Representatives disagreed to the substitute, and asked a
conference. The Senate, on motion of Mr. Wade, receded from the
substitute,--Yeas 18, Nays 14,--and so the bill passed both
Houses; but it failed to receive the approval of the President
of the United States.
NATIONAL ACADEMY OF LITERATURE AND ART; ALSO OF MORAL AND POLITICAL
SCIENCES.
REMARKS IN THE SENATE, ON A BILL CREATING THESE TWO ACADEMIES, JULY 2,
1864.
June 30th, Mr. Sumner asked, and by unanimous consent obtained,
leave to bring in the following bill, which was read the first
and second times by unanimous consent, and ordered to be
printed.
A Bill to incorporate the National Academy of Literature
and Art, and also to incorporate the National Academy of
Moral and Political Sciences.
_Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_,
That S. Austin Allibone, Pennsylvania, William C. Bryant,
New York, Frederick E. Church, New York, George W. Curtis,
New York, Richard H. Dana, Massachusetts, John S. Dwight,
Massachusetts, Ralph W. Emerson, Massachusetts, Fitz-Greene
Halleck, Connecticut, Oliver W. Holmes, Massachusetts,
Henry W. Longfellow, Massachusetts, James R. Lowell,
Massachusetts, George P. Marsh, Vermont, Hiram Powers,
Ohio, William W. Story, Massachusetts, George Ticknor,
Massachusetts, Henry T. Tuckerman, New York, Gulian C.
Verplanck, New York, William D. Whitney, Connecticut,
John G. Whittier, Massachusetts, Joseph E. Worcester,
Massachusetts, their associates and successors, duly
chosen, are hereby declared to be a body corporate for the
study and cultivation of the ancient and modern languages,
letters, and the fine arts, by the name of the National
Academy of Literature and Art.
SEC. 2. _And be it further enacted_, That George Bancroft,
New York, Henry Ward Beecher, New York, Horace Binney,
Pennsylvania, Robert J. Breckinridge, Kentucky, Edward
Everett, Massachusetts, Thomas Ewing, Ohio, Henry W.
Halleck, Army of the United States, California, Samuel
G. Howe, Massachusetts, Charles King, New York, Francis
Lieber, New York, J. Lothrop Motley, Massachusetts, John G.
Palfrey, Massachusetts, Wendell Phillips, Massachusetts,
Alonzo Potter, Pennsylvania, Josiah Quincy, Massachusetts,
Henry B. Smith, New York, Jared Sparks, Massachusetts,
Robert J. Walker, District of Columbia, Francis Wayland,
Rhode Island, Theodore D. Woolsey, Connecticut, their
associates and successors, duly chosen, are hereby declared
to be a body corporate for the study and cultivation
of history, and the sciences which concern morals and
government, by the name of the National Academy of Moral
and Political Sciences.
SEC. 3. _And be it further enacted_, That each of these
National Academies shall consist of not more than fifty
ordinary members, of whom not more than ten shall be
elected in any one year; that nominations shall be made and
elections held at the regular annual meeting only, and that
no nomination for any kind of membership shall be acted
upon until it shall have been before the Academy for one
year, and shall have been considered by a committee.
SEC. 4. _And be it further enacted_, That each of these
National Academies shall have power to make its own
organization, including its constitution, by-laws, and
rules and regulations; to fill all vacancies created by
death, resignation, or otherwise; to provide for the
election of foreign and domestic members, what number shall
be a quorum, the division into classes, and all other
matters needful or usual in such institutions, and to
report the same to Congress.
SEC. 5. _And be it further enacted_, That each of these
National Academies shall hold an annual meeting at such
place in the United States as may be designated, and,
whenever thereto requested by any department of the
Government, shall investigate, examine, and report upon
any subject within their respective provinces: it being
understood that the actual expense thereof, if any, shall
be paid from appropriations which may be made for the
purpose, but the Academies shall receive no compensation
whatever for any services to the Government of the United
States.
July 2d, the Senate, on Mr. Sumner’s motion, proceeded to
consider this bill. Mr. McDougall, of California, said: “This
attempt at aggregating all power in the General Government
tends to destroy the positive exercise of the power of local
institutions.… The Senator from Massachusetts … undertakes to
present this and other conterminous things as a policy, so as
to wipe out the lines of the States and make one grand empire.
That may be his policy. I have seen it indicated from various
quarters. It is revolutionary.… I have not the right to promote
such a corporation; he has not the right to promote such a
corporation.”
Mr. Sumner replied briefly.
The answer is very simple. I have in my hand the Statutes at Large,
containing what was done by the last Congress. Here is “An Act to
incorporate the National Academy of Sciences,” approved March 3, 1863,
setting forth the names of eminent, not to say illustrious, men of
science in our country, and constituting them an Academy of Sciences.
It will be remembered that this Academy, during the present winter, met
in this Capitol; that one or more of our committee-rooms were set apart
for them; and I know that many Senators and gentlemen of the other
House took great interest in their meetings. This Academy is devoted to
the cultivation of the sciences properly so called.
MR. MCDOUGALL. Will the Senator permit me to interrupt him?
MR. SUMNER. Certainly.
MR. MCDOUGALL. There may be some questions about which the
Senator and myself may not understand each other exactly. Of
course we have the right to incorporate an institution in the
District of Columbia, that is local to the District, by virtue
of our general powers of legislation over it; but that is not
within the sphere of this legislation, as I understand.
MR. SUMNER. The Act of Congress to which I refer is general in terms;
it is not limited to the District; it is a national act to create
a National Academy: and the bill before the Senate simply proposes
to apply the same principle to gentlemen engaged in the cultivation
of literature and art, also to gentlemen engaged in the cultivation
of history and those sciences which are connected with morals and
government. In the designation of the two academies I have respected
the example of France, which is the country that has most excelled in
academies of this kind. I believe the Act of Congress is sufficient
as a precedent. I do not think there can be any just constitutional
objection; and I am sure that the association, if once organized,
would give opportunities of activity and of influence important to the
literature of the country. I hope there will be no question about it.
Mr. Doolittle, of Wisconsin, wished to call up a bill from the
House of Representatives, relating to certain half-breeds of
the Winnebago Indians. “There is no chance of the pending bill
passing the House of Representatives. What, then, is the use
of taking up time with it here?” Mr. Morrill, of Maine, wished
to introduce a bill to provide for the Washington aqueduct.
Mr. Hale, of New Hampshire, thought that “at this stage of the
session it was a little too late to be engaged in making a
close corporation of mutual admirers,” and he moved to take up
a bill providing for the education of naval constructors and
steam-engineers. The last motion prevailed.
NO FINAL ADJOURNMENT OF CONGRESS WITHOUT INCREASED TAXATION.
SPEECH IN THE SENATE, ON THE RESOLUTION OF FINAL ADJOURNMENT, JULY 2,
1864.
July 2d, late in the evening, this day being Saturday, it was
proposed that the session of Congress should finally close on
Monday, July 4th, at noon. Mr. Sumner earnestly opposed this
adjournment.
MR. PRESIDENT,--In determining when to adjourn we may be guided by
the experience of the past. If earlier Congresses, having less to do,
infinitely less, than the present Congress, have found it necessary to
continue their sessions through the summer, it is not improper to ask
if we should be less industrious and less persevering.
I have in my hand a memorandum of the adjournments of Congress at the
long session during the last twenty years. It is most suggestive, at
least, even if not commanding to us.
The first session of the Twenty-Ninth Congress closed August 10, 1846.
The war with Mexico had just begun. The first session of the Thirtieth
Congress ended August 14, 1848. The main discussion of this year was
on the Wilmot Proviso. The first session of the Thirty-First Congress
lasted till September 30, 1850. This was the session of Compromise. The
Fugitive Slave Act bears date September 18th of this year. The first
session of the Thirty-Second Congress did not close till August 31,
1852. During this period the Compromise measures were much discussed,
also the Presidential question, and the platforms of the two great
parties. It was as late as August 26th that I had the honor of moving
the repeal of the Fugitive Slave Act, being one of the Slavery
compromises adopted by the previous Congress. The first session of the
Thirty-Third Congress adjourned August 7, 1854. This was early for
those times. The first session of the Thirty-Fourth Congress adjourned
August 30, 1856, Kansas being the constant order of the day. Down to
this period there was no adjournment before August, and one Congress
sat as late as September 30th. But a change took place.
In 1856 the old _per diem_ of eight dollars, as compensation of
Senators and Representatives, was transmuted into the present system
of compensation by an annual salary of three thousand dollars, be the
session long or short. See now what ensued. The first session of the
Thirty-Fifth Congress, immediately after the change of pay, closed
June 14, 1858; and yet the questions of Kansas and the Lecompton
Constitution were uppermost. The first session of the Thirty-Sixth
Congress closed June 28, 1860, on the eve of the Presidential election,
having been much occupied by the crisis of that historic conflict.
Then came the long session of the Thirty-Seventh Congress, which did
not adjourn till July 17, 1862, being a remarkable session, which has
stored the statute-book with monuments of its industry and patriotism.
Such is the record of the past; and now it is proposed to adjourn on
the 4th of July.
There are two suggestions with regard to this record, which you will
pardon me for making. First, so long as Congress was paid at the
rate of eight dollars a day, and salary depended upon the duration
of the session, Congress sat late in the season. It is humiliating
to think that a consideration apparently so trivial could have had
such influence; but such are the facts. The other suggestion is of a
different character. It appears, that, while the pretensions of Slavery
were to be upheld, Congress was willing to give up the whole summer,
even into autumn, to the odious theme. For the sake of an execrable
Fugitive Slave Act, and other kindred measures, it bore all these
heats, now so insupportable.
Sir, long ago I began the cry that we of the Free States must be as
earnest and positive for Freedom as our opponents had always been for
Slavery. Why not imitate their example? Business did not draw them
away, heat did not drive them away, when Slavery was in question. But
Freedom in every form is now in question. There is your army: it must
be sustained. There are your finances: must they not be sustained also?
There, too, are the great ideas of Freedom involved in this war. Much
as has been done to uphold these, more remains to be done.
The question of finances assumes a practical form, and, as I am
informed, it is now under discussion in the other House. While they
debate an increased taxation, we are here, close upon midnight,
considering how to end the session. That subject which of all others is
the most difficult and delicate, which touches all the great interests
of the country, which cannot be treated in any hasty or perfunctory
style, which should be handled always with supremest caution, and
which at the present moment is almost a question of life and death, is
still to be considered by the Senate; and yet Senators are willing,
by fixing the hour of adjournment, to see this most important debate
“cabined, cribbed, confined” to the limits of a few hours, I might
almost say minutes. Why, Sir, it has not yet been finally acted on in
the other House, and we know not when it can reach us. But we know
well, that, whenever it does reach the Senate, the whole vast subject
of taxation will be open again. It is understood that the pending
proposition is for an increased income tax. In other times, when
Senators had not such uncontrollable longings for home, such a measure
would have been approached with becoming care. But this is not the only
question involved. It is proposed to tax tobacco in the leaf, and thus
add millions to the revenue. And then we have again the perpetually
recurring question of taxing whiskey on hand, destined to bring into
our exchequer yet other millions.
MR. TRUMBULL. Have we not considered that?
MR. SUMNER. I understand that at this moment it is under consideration
in the other House.
MR. TRUMBULL. Has it not been under consideration for months?
MR. SUMNER. Of course it has; but it is under consideration still. The
two Houses, as the Senator knows well, have differed. The other House
favors taxing whiskey on hand. The Senate has steadfastly resisted the
tax. But it is not too late for the Senate to yield, especially when
the necessity for more money is apparent, and the late distinguished
head of the Treasury has in a formal communication recommended this
very tax. There is no way in which so much money can be had so easily
and so justly. Let Congress stay together until the tax is laid. At all
events, do not leave without considering it again in the new light.
This is my answer to the Senator from Illinois.
But if you are unwilling to tax whiskey on hand, or tobacco, then find
something else to tax. But tax you must. Tax, because of the necessity
of the case. Tax, because the people ask to be taxed. For the first
time in history the phenomenon occurs that the people rise up and
demand to be taxed. Unless I err, this is the cry from every quarter. I
know it is the cry from my part of the country. It is a patriotic cry,
because the people believe further taxation essential to the national
credit and the safety of the country. All honor to the people for this
invitation to Congress!
And now Congress is about to leave, to flee away, without performing
this essential duty. A tax bill has been passed, which already,
before going into operation, is pronounced inadequate in an official
communication by Mr. Chase. And yet, in despite of this judgment,
Senators are willing to go home. It is said we need some hundred
million dollars more; and yet, in the face of this asserted necessity,
and in the face of that generous demand from every part of the country,
which Congress should make haste to gratify, it is now urged that we
should abdicate.
MR. DAVIS. Mr. President,----
MR. SUMNER. Let me finish. I will give the Senator from Kentucky a fair
opportunity in one moment.
MR. DAVIS. I merely wish to ask a question.
MR. SUMNER. Very well; I will answer it.
MR. DAVIS. The question I ask the honorable Senator is, whether
he is not mistaken as to the subject of this great demand of
the country,--whether, instead of being taxed, it is not to
have Slavery abolished everywhere. [_Laughter._]
MR. SUMNER. Unquestionably there is a great demand to have Slavery
abolished everywhere, thank God! I present petitions daily with this
prayer. But another demand at this moment is to make the war practical
and efficient by all needed supplies; and, as I have said, the people,
for the first time in history, ask to be taxed.
MR. DAVIS. Where are your petitions from the people for it?
MR. SUMNER. Petitions! They will be found in the public press, and in
the communications of constituents. Formal documents are not needed.
Gentlemen have arrived here to-night, fresh from the people, who are in
themselves more than “petitions.” They insist that there must be more
taxation. Here, also, is a telegraphic despatch, received this very
evening, signed by the first business men of Massachusetts:--
“To Hon. CHARLES SUMNER.
“It will be simply an act of madness for Congress to adjourn
without passing bills for large additional taxes, and such
other measures as the existing financial crisis demands.”
Language could not be stronger. Surely I am right in saying that
Congress ought not to turn a deaf ear to this unprecedented prayer. At
least, the prayer ought to be considered. For myself, I wish not only
to consider it, but to supply the desired taxation, and I ask that
Congress shall continue in these seats until the good work is done.
Nay, more, Sir,--I protest against any desertion until that work is
done.
The great contest in which we are engaged depends not only upon
General Grant in the field, but upon Congress also. If Congress fails
to supply the needed means, vain is victory, vain are all the toils
of many hard-fought fields. It is through these means supplied by
Congress that the future will be secure. Do not deceive yourselves by
saying that you have already taxed the country. The late distinguished
Secretary of the Treasury, in an authoritative communication, insists
that more means are needed. Do not set him aside without at least
considering his recommendation. On such an occasion, when perhaps the
life of the country is in question, when surely the national credit is
at stake, err, if err you must, on the side of prudence.
Mr. President, it is natural that Senators who have been engaged for
months in the labors of an anxious session should be glad to escape
from the confinement and heat of Washington. I sympathize with them.
I wish to be away. I long to leave the capital. Did I allow myself to
take counsel of personal advantage, I should be among the most earnest
of those now crying for adjournment. Born on the sea-shore, accustomed
to the sea air, I am less prepared than many of my friends to endure
the climate here. I feel sensibly its sultry heats, and I pant for
the taste of salt in the atmosphere. Nor am I insensible to other
influences. What little remains to me of home and friendship is far
away from here,--where I was born. But home, friendship, and sea-shore
must not tempt me at this hour. Lord Bacon tells us, in striking and
most suggestive phrase, “The duties of life are more than life.” But if
ever there was a time when the duties of a Senator were supreme above
all other things, so that temptation of all kinds should be trampled
under foot, it is now.
An earnest debate ensued, in which Mr. Sumner spoke again.
I take it, Sir, that the proceedings to-night are utterly without
precedent in the history of the Senate. It is now more than two hours
into Sunday morning. The Senate has on former occasions sat Sunday
morning, but it was under the exigency of the Constitution, which
brought the session to a close on the 4th of March. There is no such
exigency now, and this Sunday morning debate is instituted simply to
secure an adjournment of Congress on Monday. That is the single object
of all done here to-night,--all these strange proceedings, making a
sort of Walpurgis night of Sunday. But I say nothing of incidental
matters. I bring home the fact that you now extend your session into
Sunday merely that you may hasten away on Monday. It is not for any
public exigency; it is not to pass any great measure; it is not to
comply with any requirement of the Constitution; but simply to satisfy
your own desires or predilections to leave Washington on Monday.
And now, Sir, as to leaving Washington on Monday, we are told that
the other House wish to leave, and that it has already disposed of the
question of taxation by sending us a proposition for an income tax,
and the Senator over the way [Mr. LANE, of Kansas], who tells us he
has kept such sharp look-out on the House to-night, announces that
all other propositions are discarded, that there is to be no tax on
tobacco, no tax upon whiskey on hand, no tax on anything else, for
the House has come to its conclusion. Does the Senator know, that, if
Congress continues in session twenty-four hours longer, or forty-eight
hours longer, the House will not be wiser and more patriotic? Does the
Senator who has kept such sharp look-out know that the House will not
rise at last to the requirements of the hour?
Here Mr. Sumner was called to order by Mr. Richardson, of
Illinois, as reflecting on the other House, and the call was
sustained by the presiding officer, who said: “It has been
practised too often on the part of Senators to allude to the
House of Representatives.”
MR. SUMNER. I hope I shall proceed in order. I certainly did not
intend to proceed out of order. I was not aware that I was making any
reflection on the House of Representatives. We criticize very freely
each other; the members of one House criticize the proceedings of the
other House; and we criticize the country, and the country criticizes
us.
Now, Sir, we are told that the House has disposed of the question of
taxation. I am in order when I allude to that. May we not hope, then,
that, if the session is extended a little longer, they will see the
necessity of increased taxation?
He proceeded to develop again the necessity of taxation for the
sake of our finances, and especially of the national debt, “to
the payment of which the country is pledged.”
Mr. Sumner moved to substitute Tuesday, July 5th, at noon, for
Monday, July 4th, at noon. This was lost,--Yeas 11, Nays 22.
The resolution of adjournment was then adopted,--Yeas 20, Nays
11.
July 4th, shortly before adjournment at noon, the Senate acted
on the House bill imposing a special income tax of five per
cent, which was adopted,--Yeas 29, Nays 7.
REJOICING IN THE DECLINE OF THE REBELLION.
REMARKS AT A PUBLIC MEETING IN FANEUIL HALL, SEPTEMBER 6, 1864.
At this meeting Governor Andrew presided and spoke. He was
followed by Hon. Alexander H. Rice, Hon. George S. Boutwell,
Hon. Henry Wilson, and General Cutler of the Army, when Mr.
Sumner was introduced. The report says: “He was received with
great cheering and the waving of hats and handkerchiefs for a
considerable time.” He at length spoke as follows.
MR. MAYOR AND FELLOW-CITIZENS:--
Listening to the gallant soldier now taking his seat, I was reminded of
the saying from the far East, “Words are the daughters of Earth, but
deeds are the sons of Heaven.” [_Loud applause._] A noble officer comes
before you, fresh from the Army of the Potomac; but he gives words
also which in themselves are deeds [_renewed applause_], for he tells
you plainly, truly, how to meet the great issue before us. Sir, what
has been said so well, so bravely, and so eloquently by the speakers
who have addressed you leaves little for me. I have not come to make a
speech. The summons was to assemble for congratulation upon those great
victories which have given assurance of the integrity of the Union, and
I am here for this purpose. [_Applause._]
We celebrate to-night two victories,--each a heavy blow, under which
the Rebellion reels and staggers to its final fall. [_Cheers._] Admiral
Farragut, by a naval expedition incomparable in the hardihood and skill
with which it was planned and executed, has occupied all the approaches
of Mobile, so that this important port is now, thank God, hermetically
sealed against those English supplies which from the beginning have
been the source of encouragement and strength to the Rebellion.
[_Applause._] General Sherman, on his part, by a marvellous succession
of battles and of marches, overcoming obstacles interposed by Nature
and a stubborn foe, has shown triumphantly that our army can march
and then fight, march and then fight again, and conquer [_applause,
and “Good!”_], while by the capture of Atlanta he has shattered
the very key-stone of the Rebel arch. [_Renewed applause._] These,
fellow-citizens, are the victories we commemorate.
This is a season of joy, not that fellow-citizens in arms against us
have been overcome, not that blood is flowing, not that fields and
villages and towns are smoking, but that our country is redeemed from
peril, and the public enemy is beaten down under our feet. [_Long
continued applause._] Such is the occasion of rejoicing to-night.
Hearts overflow, eyes glisten, the voice cries out with gladness, the
heart echoes to the booming cannon, and victory thrills us all with its
bewitching, triumphant music. This, Sir, is the time to rejoice: for
there is a time to lament, and there is a time also to enjoy; and this
is a time for joy. “Blow, bugles, blow! set all your wild notes flying!”
Unhappy those who cannot unite in our joy! Unhappy those who, as
they listen to the triumphant salvos, to the swelling music, and
to these exultant voices here to-night, cannot echo them back with
gladness in their hearts! Unhappy all such, who call themselves by
the American name! And why can they not rejoice? Alas! it is because
their sympathies are with the enemy, or because they place party above
country, even to the extent of seeing that country cut in twain [_A
voice, “Shame!”_], like the false mother who appeared for judgment
before Solomon. The wise monarch clearly perceived that a woman ready
to see her child divided in two was a false mother: so may we all
clearly perceive that people ready to see their country divided in two
are false citizens. The judgment of Solomon stands good to this hour,
against all showing such perfidious insensibility.
Fellow-citizens, these Northern renegades (I like to call things by
their proper names, and I thank my honored friend who preceded me for
his exposition, telling how near they come to being traitors)--these
Northern renegades are nothing else than unarmed guerrilla bands of
Jefferson Davis, marauding here at the North. [_Loud cheers._] They cry
out, “_Peace!_”--but, fellow-citizens, are we not all for peace? Sir,
are you not for peace? Are not all the honored gentlemen by whom I am
surrounded for peace? Peace is the sentiment, the longing, the passion
of my life. Not Falkland in the bloody days of the English civil war
cried, “_Peace! Peace!_” more fervently than I do now. For me the day
begins, continues, and ends with this aspiration; but it is precisely
because I am thus determined for peace, because peace is with me such
a be-all and end-all, that I now insist, at all hazards, that this
Rebellion shall be overthrown and trampled out at once and utterly, so
that it shall never again break forth in blood. [_Loud cheers._] In the
name of peace, and for the sake of good-will among men, do I now insist
that this Rebellion shall be so completely blasted as to leave behind
no root or remnant which may become the germ of future war.
Fellow-citizens, let me be frank, for such is my habit, here, or
wherever else I have the honor to speak. In vain do you expect to
destroy the Rebellion, unless you destroy Slavery [_applause_]; for
Slavery, be assured, is but another name for the Rebellion. The two are
synonyms; they are convertible terms. The Rebellion is but Slavery in
arms, whether on land or on sea; on foot, on horseback, or afloat, it
is ever belligerent Slavery, warring to establish a wicked empire. If
you are against one, you must be against the other. If you are ready to
strike Rebellion, you must be ready to strike Slavery. If you are ready
to strike Slavery, you must be ready to strike Rebellion. The President
was clearly right, when, in a recent letter, he declared that he should
accept no terms of peace which did not begin with the abandonment of
Slavery. [_“Good!” and cheers._] The Union cannot live with Slavery.
Nothing can be clearer. If Slavery dies, the Union lives; if Slavery
lives, the Union dies. God save the Union!
And now, fellow-citizens, it only remains that you should comprehend
the grandeur of the cause and of your position. Consider well the
Thermopylæ pass in which you stand battling for Liberty,--not only here
at home, but everywhere throughout the globe; and forget not, that,
if you take care of Liberty, the Union will take care of itself,--or,
better still, know, that, if you save Liberty, you save everything.
[_Loud cheers._]
REPUBLICAN PARTY AND DEMOCRATIC PARTY.
SPEECH AT A PUBLIC MEETING AT FANEUIL HALL, TO RATIFY THE REPUBLICAN
NOMINATIONS FOR PRESIDENT AND VICE-PRESIDENT, SEPTEMBER 28, 1864.
HON. JOHN C. GRAY presided at this meeting.
FELLOW-CITIZENS,--I do not speak to-night in the belief that anything
in the way of speech, from me or anybody else, can add to the certainty
that Abraham Lincoln will be reëlected President of the United States.
This event is already fixed beyond doubt or question. [_Applause._]
It is the clear, palpable, visible will of the American people, which
only waits the official record of the 8th of November next. The case
is plain. Everybody who voted for him four years ago will vote for him
now, while others, like Edward Everett [_cheers_], who voted against
him before, will gladly range among his supporters. Here is a sum
of simple addition, requiring very little arithmetic. But it is not
astonishing that persons who have lost their patriotism should lose the
power of calculation also.
And here let me remark, that, in taking a place at the head of our
ticket,[368] the distinguished gentleman to whom I have referred
renders a patriotic service, and sets an example to all Bell-Everett
men, who do not prefer to follow Bell rather than Everett. If any
belonging to that extinct combination vote against Edward Everett,
it will be only to find themselves in the company of the traitor,
John Bell. If you choose to give them a designation, let it be simply
“Bell men.” It remains to be seen how many, at this crisis, prefer
the traitor to the patriot. These two names, once in conjunction, now
represent the two hostile ideas of Rebellion and Patriotism.
Even if the election be certain, our duty is none the less imperative.
It is certain, because every good citizen will do his duty, and will
see that his neighbor does it, too. It is certain, because, thank God,
Patriotism at the North is stronger than Rebellion. [_Cheers._] But we
must all unite to make it gloriously certain.
I have often, on former occasions, when addressing my fellow-citizens,
put the question, “Are you for Freedom, or are you for Slavery?”--and I
put this question now; for it is the question which necessarily enters
into the coming election. On the answer hinges absolutely the peace of
our country and the perpetuity of our institutions. Therefore I put the
question in another form: “Are you for your country, or are you for the
Rebellion?” That is the question to decide by your votes. It is vain
to evade this question, vain to wink it out of sight. It will come to
every man as he puts in his vote, and he should decide it sincerely,
patriotically, religiously.
And now, that I may bring this responsibility home to mind and
conscience, I have no hesitation in saying, that, in voting against
Abraham Lincoln, you will not only vote against Freedom and for
Slavery, but you will vote against your country and for the
Rebellion,--in short, you will give the very vote which Jefferson
Davis would give, were he allowed to vote in Massachusetts. No matter
under what excuse this may be done, no matter by what argument you may
deceive yourselves, no matter what apology you may construct, founded,
perhaps, on personal objections or personal partialities,--it will be
all the same. Your vote will be a vote against Freedom,--ay, Sir, a
vote against your country. Just to the extent of its influence, you
will give aid and comfort to the Rebel enemy, and will prevent the
restoration of Union and Peace.
There can be no third party now, whether in the name of moderation
or in the name of progress,--as there can be no third party between
right and wrong, between good and evil, between the Almighty Throne
and Satan. There can be but two parties here. Choose ye between them.
One is the party of the country, with Abraham Lincoln as its chief,
and with Freedom as its glorious watchword; and the other is the
party of the Rebellion, with Jefferson Davis as its chief, and with
no other watchword than Slavery. As in the choice of Hercules, there
are here before you two roads,--one leading to virtue and renown, the
other leading to crime and shame. Choose ye between them. Vote against
Abraham Lincoln, if you can, or stay at home and sulk, if you will; you
have only, as a next step, to go over to the enemy.
There is now no question of candidates; there is no question of men.
Candidates and men, no matter who, are all insignificant by the side of
the cause. It is the cause we sustain and would bear, as the ark of the
covenant, on our shoulders. Therefore I put aside all that is said of
the two candidates. It would be useless to attempt comparison between
them, although it might appear, that, in those matters where one has
been most criticized, the other is in the same predicament,--that, if
Lincoln is slow, McClellan is slower,--that, if Lincoln has employed
the military arm in the arrest of individuals, McClellan has employed
it in the arrest of a whole Legislature,--and that, if Lincoln drove
Vallandigham out of the Union lines as a penalty for sedition,
McClellan drove the Hutchinsons out of the Union lines as a penalty for
singing songs of Freedom. But why consider these petty personalities?
They divert attention from the single question, “Are you for your
country, or are you for the Rebellion?” [_Applause._]
I have said that there are but two parties. If you would understand
their respective characters and their claims to support, glance,
first, at their history, and then at the principles they have recently
declared.
On one side is the Republican party, originally formed to check the
encroachments of Slavery, and especially to save the vast territories
of the Republic, preserving them forever sacred to Freedom. Such a
party, originally formed with such an object and inspired by Freedom,
was the natural defender of the Republic, when Slavery took up arms
against it. To this end it has labored, and to this end it will
continue to labor, until, by the blessing of God, the Union is once
again restored. I call it the Republican party, because that was its
early name; but, for myself, I am indifferent to the name by which you
call me. Let it be Republican, Unionist, or Abolitionist, what you
will, I am with those patriots who stand by their country, seeking its
safety and renown. [_Great applause._]
It is sometimes asked, What has the Republican party done? Look
around, and you will see everywhere what it has done. Its acts are
historic. Slavery and the Black Laws all abolished in the national
capital; Slavery interdicted in all the national territories; Hayti and
Liberia recognized as independent republics in the family of nations;
the foreign slave-trade placed under the ban of a new treaty with Great
Britain; the coastwise slave-trade prohibited forever; all persons in
the military or naval service prohibited from returning slaves; all
Fugitive Slave Acts repealed; the rule excluding colored testimony in
the national courts abolished; and slaves set free in the Rebel States
by Presidential proclamation: such are some of the triumphs of Freedom,
under the auspices of the Republican party. [_Cheers._] But this is
not all. The Pacific Railroad is at last authorized; agricultural
colleges are provided for; homesteads on the public lands are offered
to all actual settlers; while, by special legislation, emigration is
encouraged and organized. But beyond all these measures, any one of
which in other days would have illumined a whole administration, the
National Government, acting in self-defence, with Abraham Lincoln as
its head, has set on foot one of the largest armies of which there
is any authentic record,--has equipped a navy which, in the variety
and completeness of its power, with all modern improvements, may vie
with any in the world,--while, by a most successful financial system,
including banks and credit, it has obtained the unprecedented sums
required for all this enormous preparation.
All this is the work of the Republican party in less than a single
Presidential term. [_Prolonged applause._] It remains for this party
to crown its transcendent labors by completing the triumph of the
Union, and by establishing peace on the indestructible foundation of
human rights. I regard it as an honor to belong to this party, so
great in what it has already accomplished, and greater still in what
it proposes. Other parties have performed their work and perished.
The Republican party will live forever in the gratitude of all who
love Liberty and rejoice in the triumphs of Civilization. Foreign
countries will take up the strain, while the down-trodden and the
oppressed everywhere confess that their burdens have been lifted by an
irresistible influence which we are assembled to advance. [_Applause._]
Against the Republican party, thus patriotic, and already illustrious
by achievements, is arrayed the old Democratic party, galvanized into
new life, and reinforced by members of the old Bell-Everett party who
prefer Bell to Everett. In this strange combination, where Herod and
Pilate are made friends to destroy human freedom, there seems but one
single element of cohesive attraction, and that is Slavery; and these
men all call themselves Democrats.
Pardon the frankness with which I speak: it is needful in order to
disclose the actual character of the Opposition. For a true Democracy,
founded on the rights of man, I have an unfeigned respect; but for
a pretended Democracy, founded on human slavery, and existing only
for this enormous crime, I have no respect. It is an inconsistency
in terms. It is a flat contradiction. It is a cheat and a sham. And
such is the Democracy which here in Massachusetts, headed by Robert
C. Winthrop, now arrays itself against the party of Union, headed by
Edward Everett. But it is plain, that, in pursuing this course, it
follows naturally and simply the traditions of the party.
* * * * *
I have exhibited something of the good accomplished by the Republican
party. See now what has been done by the Democratic party, and then say
what evil may not be expected from it.
For years the Democratic party has been the supporter of Slavery,
prompt in yielding to its insatiate demands.
Look at the Rebellion from beginning to end, and you will find it has
been engineered by Democrats.
You cannot forget that James Buchanan, a Democrat, was President,
surrounded by a Democratic Cabinet, while the Rebellion was allowed to
organize and gather strength without interruption.
Wherever you look in the Rebellion, there you find the old Democracy,
into which is absorbed John Bell and his followers, arrayed against
their country.
Look at individuals; you find that the larger half, constituting the
controlling power of the old Democratic party, are now in arms against
their country.
Look at States; you find that all in rebellion were at its outbreak
Democratic States.
Look at the present upholders of the Rebellion, and you find that all,
without exception, most active, were Democrats,--that Jefferson Davis,
the President, so tenacious and uncompromising, was a Democrat,--that
Stephens, the audacious Vice-President, who announced that the
new Government was founded on Slavery as its corner-stone, was an
old Whig turned into a Democrat,--that all the Rebel Cabinet were
Democrats,--that the President of the Rebel Senate and the Speaker of
the Rebel House were Democrats,--that James M. Mason and John Slidell,
the Rebel emissaries in Europe, were Democrats,--that the officers,
who, after obtaining their education at West Point at the public
expense, threw up their commissions and lifted parricidal hands against
their country, Hood, Beauregard, Johnston, Lee, were all Democrats.
Naturally, the Northern associates and allies of these Rebels are
engaged in devising apologies for Rebellion. Naturally, they are
against all energetic measures for its suppression; they call for a
“cessation of hostilities,” and seek to throw over their companions of
other days every possible protection, especially seeking by all means
to save their darling Slavery. But they ought not to find sympathy with
patriot citizens,--especially against the Republican party, which, in
its open and unconditional patriotism, and in all its manifold works,
is in marked contrast with the Democracy.
* * * * *
Fellow-citizens, in all this vast Union, whether as it was or as it
is, there is not a single Republican in arms against the Government,
or sympathizing with those who are. There is not a traitor among them.
Here is a distinction between the two parties broad as the space
between earth and heaven. [_Great applause._]
I would not confound the innocent with the guilty. I know full well
that among the honest masses there are many, once Democrats, who have
given their lives to their country, and there are some of the old
leaders at the North who have spurned all the traditions of the party.
All honor and gratitude to them! There, also, are our generals,--Grant,
Sherman, Hooker, Butler,--a goodly cluster,--once Democrats, but now
forgetting party and dedicating themselves completely to their country.
But the patriotism of Democrats like these is not an apology for the
Democrat Jefferson Davis, or for his Democratic sympathizers among us,
seeking to arrest the strong blows under which Rebellion reels. I do
not forget, also, that there are good men, who, under misapprehension
of some kind, and without seeing all the bearings of their conduct,
have allowed themselves to be swept into the Democratic ranks. But such
as these can be no cloak to that Democratic party which at Chicago
openly struck hands with Jefferson Davis, and undertook to do for him
what he cannot do for himself.
It is because the Democratic party is at this moment so utterly
mischievous and disloyal, so really dangerous to our country, and so
bitterly hostile to Liberty, that I speak thus plainly. Soft words
will not do in exposing that combination at Chicago, where the two
factions commingled into one. Call them, if you please, Pharisees and
Sadducees. [_Laughter._] They are something more, and something worse,
if possible. They are the unarmed guerrilla bands of Jefferson Davis,
who have stolen into the Free States. I have used this language before.
If I repeat it now, it is because I wish to put you on your guard
against criminal marauders, who, at this moment of peril, are ready to
prey upon their country.
If you would see the difference between the two parties, read the
speeches and resolutions at Baltimore, and then the speeches and
resolutions at Chicago. I have no time for details, even if the
transactions at these two Conventions were not still fresh in the
memory. Suffice it to say that the Convention at Baltimore openly and
frankly pledged all its energies to the suppression of the Rebellion,
and to the utter and complete extirpation of Slavery from the soil of
the Republic, without compromise or hesitation of any kind. This was
noble and patriotic. But nothing of this kind was done at Chicago.
The Chicago platform may be seen in two aspects,--first, in what it
does say, and, secondly, in what it does not say. There are two things
it does say: first, that the war for the suppression of the Rebellion
is a failure; and, secondly, that there should be a cessation of
hostilities. There are two things it does not say: first, it does
not say anything against the Rebellion; and, secondly, it does not
say anything against Slavery. And candidates are nominated on this
platform. In voting for them, you affirm that the war has failed and
that it ought to be stopped, while you decline to say anything against
the Rebellion or against Slavery. You declare that our recent triumphs
were all failures, that Grant failed at Vicksburg, that Sherman failed
at Atlanta, that Farragut failed at New Orleans and Mobile, that
Winslow failed against the Alabama, and that Sheridan failed in the
Valley of the Shenandoah; and you further declare that all these heroes
should be arrested in mid-career, while Democratic agencies take their
place, and rose-water is substituted for cannon-balls. And you declare,
also, that the Rebellion shall prevail, and that Slavery shall continue
to degrade our country and be the seed of interminable war. All this
you affirm and declare by your votes.
If anything were needed to illustrate the offensive character of
this platform, it would be found in the efforts made to get away from
it,--at least in this latitude. Nobody here is willing to trust it.
The cry of the railroad conductor is transferred to politics,--“It is
dangerous to stand on the platform.” [_Laughter._] Nobody has made
greater efforts to get away from it than the Presidential candidate of
the Democracy, who forgets, that, as a candidate, he is born with the
platform, and united to it, as the Siamese twins are united together,
so that the two cannot be separated. As well cut apart Chang and Eng as
cut apart McClellan and Chicago. [_Laughter._] The two must go together.
The letter of McClellan is a specimen of “how not to do it.” This is
the prevailing idea,--how not to stand on the platform, how not to
offend the Rebels, and how not to touch Slavery. It is an ingenious
wriggle and twist; but so far as the writer succeeds in getting off the
platform, it is only to run upon other difficulties,--as from Scylla
to Charybdis. The platform surrenders to the Rebellion; the letter
surrenders to Slavery. But the Rebellion is nothing but belligerent
Slavery; so that surrender to Slavery is surrender to the Rebellion.
The platform discards the Union; but the letter, while professing
a desire for union, discards Emancipation, without which union is
impossible; and while professing a desire for peace, it discards
Liberty, through which alone peace can be secured. The letter says:
“The Union is the one condition of peace: _we ask no more_.” The
Democratic candidate may ask no more; but others do. _I ask more_,
because without more the Union is but a name. I ask more for the sake
of justice and humanity, and that this terrible war may be vindicated
in history. The Baltimore Convention, in its resolutions, _asks
more_. Abraham Lincoln _asks more_. The country takes up the demand
of the Baltimore Convention and of Abraham Lincoln, and _asks more_.
[_Applause._]
I have said that Abraham Lincoln _asks more_. He has asked it again
and again. He asked it in his Proclamation of the 1st January, 1863,
when, as commander-in-chief of the army and navy of the United States,
he ordered and declared that the slaves in the Rebel States “are and
_henceforward shall be free_, and that the Executive Government of the
United States, including the military and naval authorities thereof,
_will recognize and maintain the freedom of said persons_.” And he
asked it again, when, in his notice “To whom it may concern,” he
announced that all terms of peace must begin with “the abandonment of
Slavery.”[369] But, in face of these declarations, the candidate of the
Democrats mumbles forth, “The Union is the one condition of peace: _we
ask no more_.”
It is a strange infatuation which imagines that the Rebellion can be
closed without the entire abolition of Slavery. The Rebellion began
with Slavery, and it will end with Slavery. As it began in no other
way, so it can end in no other way. Born from Slavery, it must die with
Slavery. Therefore do I insist that Slavery shall not be spared; for,
in sparing Slavery, you spare the Rebellion itself. [_Applause._]
But even if reason and the necessity of the case did not require the
sacrifice, it is now too late, thank God! By the Proclamation of the
President the freedom of all slaves in the Rebel region is secured
beyond recall. That gift cannot be taken back. It was a saying of
Antiquity, repeated by an exquisite poet of our own day, that “the
gods themselves cannot recall their gifts.” But even if other gifts
may be recalled, the gift of Freedom cannot; for its recall would
be the sacrifice of human rights. Every slave declared free by that
Proclamation is entitled to his freedom as much as you and I. The
President himself, empowered to confer freedom, is impotent to make a
slave. Look at the question as you will, in the light of morals or of
jurisprudence, and the answer is the same. There is the promise of the
Proclamation, by which the public faith of the country is irrevocably
pledged that certain slaves “shall be henceforward free,” and their
freedom shall be “recognized and maintained”; and this promise,
according to morals, cannot be taken back. Still more, according to
jurisprudence, it cannot be taken back; for “Once free, always free” is
a prevailing maxim, and no court, sitting under the Constitution, and
inspired by the Declaration of Independence, can venture to limit or
restrain a proclamation of freedom, made in the exercise of war powers
for the suppression of rebellion. It is vain to say that the slaves
are not now in our power. This is a proper argument for the enemy, but
not for any court of the United States. Every such court refusing to
recognize the act of the President will stultify itself and shock the
judicial conscience of mankind. It is enough that the Proclamation has
declared the slaves free. There is not a slave in the Rebel region
who may not look to it for protection, while it overarches all like
a firmament, which human effort will strive in vain to drag down.
[_Applause._]
Do you need authority for this principle? Let me read you the emphatic
and well-considered words of Postmaster-General Blair:--
“The people once slaves in the Rebel States can never again
be recognized as such by the United States. NO JUDICIAL
DECISION, NO LEGISLATIVE ACTION, STATE OR NATIONAL, can be
admitted to reënslave a people who are associated with our own
destinies in this war of defence to save the Government, and
whose manumission was deemed essential to the restoration and
preservation of the Union, _and to its permanent peace_.”[370]
[_Applause._]
This is noble doctrine; and it is none the less noble because from a
member of the Cabinet sometimes supposed to hesitate where Freedom is
in question.
See, then, into what denial of just principles, as well as
inconsistencies, you are led, when you follow the Democratic candidate
in rejecting Freedom as the corner-stone of Union.
But I have said enough. The case is too plain for argument. Let me give
it to you in a nutshell.
A vote for McClellan will be, first and foremost, a vote for Slavery,
at a time when this crime has plunged the country into the sorrow and
waste of war.
It will be, also, a vote for the Rebellion, at a moment when the
Rebellion is nigh to fall.
Also, a vote for Disunion, at a moment when the Union is about to be
made inseparable.
But disunion, when once started, cannot be stopped; so that a vote for
McClellan will be a vote to break this Union in pieces, and to set each
State spinning in space.
It will be a vote for chronic war among fellow-citizens, ever
beginning and never ending, until the fate of Mexico will be ours.
Also, a vote for the repudiation of the national debt, involving the
destruction of property and the overthrow of business.
Also, a vote for anarchy and chaos at home.
Also, a vote for national degradation abroad.
Also, a vote against the civilization of the age.
Also, a vote for the kingdom of Satan on earth.
On the other hand, a vote for Abraham Lincoln will be, first and
foremost, a vote for Freedom, Union, and Peace, that political trinity
under whose guardianship we place the Republic. It will be a vote,
also, to fix the influence and good name of our country, so that
it shall become the pride of history. It will be a vote, also, for
civilization itself. At home it will secure tranquillity throughout
the land, with freedom of travel and of speech, so that the eloquence
of Wendell Phillips may be enjoyed at Richmond and Charleston as at
New York and Boston, and the designation of “Border States,” now
exclusively applicable to interior States, will be removed, so that
our only “Border States” will be on Canada at the North and Mexico
at the South. Doing all this at home, it will do more abroad; for it
will secure the triumph of American institutions everywhere. [_Great
applause._]
Surely all this is something to vote for. And you will not hesitate.
Forward, then,--in the name of Freedom, Union, and Peace! Crush the
enemy everywhere. Crush him on the field of battle. Crush him at the
ballot-box. And may the November election be the final peal of thunder
which shall clear the sky and fill the heavens with glory! [_Prolonged
cheers._]