Therefore, Sir, I repeat, the decision of the question before us

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._]

Charles Sumner: his complete works, volume 11 (of 20) · 第 7 / 8 章