SPEECHES IN THE SENATE, JANUARY 10, 11, 12, 13, 14, 19, 21, 1870.

January 10, 1870, the Senate proceeded to the consideration

of a Joint Resolution reported from the Committee on the

Judiciary, declaring, “That the State of Virginia is entitled

to representation in the Congress of the United States,”--she

having, as was said, “complied in all respects with the

Reconstruction Acts.”

Mr. Sumner, apprehending that this compliance had been merely

formal, and that the Rebel spirit was still the dominant

influence in Virginia, urged postponement of the measure for a

few days, to afford opportunity for information, remarking:--

I am assured that there are resolutions of public meetings in different

parts of Virginia, that there are papers, letters, communications,

all tending to throw light on the actual condition of things in that

State, which in the course of a short time, of a few days at furthest,

will be presented to the Senate. Under these circumstances, I submit

most respectfully, and without preferring any request with reference

to myself, that the measure should be allowed to go over for a few

days, perhaps for a week, till Monday next, and that it then should be

taken up and proceeded with to the end. My object is, that, when the

Senate acts on this important measure, it may act wisely, with adequate

knowledge, and so that hereafter it may have no occasion to regret

its conclusion. How many are there now, Sir, who, on the information

in our papers to-day, would not recall the vote by which Tennessee

was declared entitled to her place as a State! You, Sir, have read

that report signed by the Representatives of Tennessee, and by her

honored Senator here on my right [Mr. BROWNLOW]. From that you will

see the condition of things in that State at this moment. Is there not

a lesson, Sir, in that condition of things? Does it not teach us to

be cautious before we commit this great State of Virginia back to the

hands of the people that have swayed it in war against the National

Government? Sir, this is a great responsibility. I am anxious that the

Senate should exercise it only after adequate knowledge and inquiry. I

do not believe that they have the means at this moment of coming to a

proper determination.

After extended debate, Mr. Sumner’s proposition finally took

shape in a motion by his colleague [Mr. WILSON] to postpone

the further consideration of the resolution for three days.

In response to Mr. Stewart, of Nevada, who had charge of the

measure, and who insisted that “no one had been able to find a

reason worthy of consideration why they should not proceed and

act affirmatively at once,” Mr. Sumner said:--

MR. PRESIDENT,--It seems to me that this discussion to-day tends

irresistibly to one conclusion,--that the Senate is not now prepared to

act. I do not say that it will not be prepared in one, two, or three

days, or in a week; but it is not now prepared to act. Not a Senator

has spoken, either on one side or the other, who has not made points

of law, some of them presented for the first time in this Chamber.

Hardly a Senator has spoken who has not presented questions of fact.

How are we to determine these? Time is essential. We must be able to

look into the papers, to examine the evidence, and, if my friend will

pardon me, to examine also the law, to see whether the conclusion on

which he stands so firmly is one on which the Senate can plant itself

forevermore. The Senator must bear in mind that what we do now with

reference to Virginia we do permanently and irrepealably, and that we

affect the interests of that great State, and I submit also the safety

of a large portion of its population. Sir, I am not willing to go

forward in haste and in ignorance to deal with so great a question. Let

us consider it, let us approach it carefully, and give to it something

of that attention which the grandeur of the interest involved requires.

I think, therefore, the suggestion of my colleague, that this matter

be postponed for several days, is proper; it is only according to

the ordinary course of business of the Senate, and it is sustained

by manifest reason in this particular case. I should prefer that the

postponement were till next Monday, and I will be precise in assigning

my reason. It is nothing personal to myself. My friend from New York

said, or intimated, that, if the Senator from Massachusetts wished to

be accommodated, he would be ready, of course, to consent to gratify

him. Now I would not have it placed on that ground; I present it as a

question of business; and I, as a Senator interested in the decision of

this business, wish to have time to peruse these papers and to obtain

that knowledge which will enable me to decide ultimately on the case. I

have not now the knowledge that I desire with reference to the actual

condition of things in Virginia. I am assured by those in whom I place

confidence that in the course of a few days that evidence will be

forthcoming. Will not the Senate receive it? Will it press hastily,

heedlessly, recklessly, to a conclusion, which, when reached, it may

hereafter find occasion to regret? Let us, Sir, so act that we shall

have hereafter no regrets; let us so act that the people of Virginia

hereafter may be safe, and that they may express their gratitude to the

Congress of the United States which has helped to protect them.

The Senator from Nevada said, that, if we oppose the present bill, we

sacrifice the Legislature of the State. I suggest to that Senator,

that, if we do not oppose this bill, we sacrifice the people of the

State. What, Sir, is a Legislature chosen as this recent Legislature

has been chosen in Virginia, composed of recent Rebels still filled and

seething with that old Rebel fire,--what is that Legislature in the

scale, compared with the safety of that great people? Sir, I put in

one scale the welfare of the State of Virginia, the future security of

its large population, historic and memorable in our annals, and in the

other scale I put a Legislature composed of recent Rebels. To save that

Legislature the Senator from Nevada presses forward to sacrifice the

people of the State.

The motion to postpone was rejected,--Yeas 25, Nays 26,--and

the debate on the Joint Resolution proceeded: the first

question being on an amendment offered by Mr. Drake, of

Missouri, providing that the passage by the Legislature of

Virginia, at any time thereafter, of any act or resolution

rescinding or annulling its ratification of the Fifteenth

Article of Amendment to the Constitution of the United States

should operate to exclude the State from representation in

Congress and remand it to its former provisional government.

January 11th, Mr. Sumner, following Mr. Morton, of Indiana,

in support of Mr. Drake’s proposed amendment, and, with him,

maintaining the continued power of Congress over a State after

reconstruction, said:--

MR. PRESIDENT,--I have but one word to say, and it is one of gratitude

to the Senator from Indiana for the complete adhesion he now makes to a

principle of Constitutional Law which I have no doubt is unassailable.

The Congress of the United States will have forevermore the power to

protect Reconstruction. No one of these States, by anything that it

may do hereafter, can escape from that far-reaching power. I call it

far-reaching: it will reach just as far as the endeavor to counteract

it; it is coextensive with the Constitution itself. I have no doubt of

it, and I am delighted that the distinguished Senator from Indiana has

given to it the support of his authority.

While I feel so grateful to my friend from Indiana for what he has

said on this point, he will allow me to express my dissent from

another proposition of his. He says that we are now bound under our

Reconstruction Acts to admit Virginia. I deny it.

MR. MORTON. Will the Senator allow me one moment?

MR. SUMNER. Certainly.

MR. MORTON. I do not pretend that there is any clause in the

Reconstruction Acts which in express words requires us to admit

Virginia upon the compliance with certain conditions; but what

I mean to say is, that there went forth with those laws an

understanding to the country, as clear and distinct as if it

had been written in the statute, that upon a full and honorable

compliance with them those States should be admitted. I will

ask my friend from Massachusetts if that understanding did not

exist?

MR. SUMNER. My answer to the Senator is found in the last section of

the Act authorizing the submission, of the Constitutions of these

States, as follows:--

“That the proceedings in any of said States shall not be deemed

final, or operate as a complete restoration thereof, until

their action respectively shall be approved by Congress.”[191]

What is the meaning of that? The whole case is brought before

Congress for consideration. We are to look into it, and consider

the circumstances under which these elections have taken place, and

see whether we can justly give to them our approval. Is that vain

language? Was it not introduced for a purpose? Was it merely for show?

Was it for deception? Was it a cheat? No, Sir; it was there with a

view to a practical result, to meet precisely the case now before the

Senate,--that is, a seeming compliance with the requirements of our

Reconstruction policy, but a failure in substance.

Now I will read what was in the bill of March 2, 1867, entitled

“An Act to provide for the more efficient government of the Rebel

States.”[192] It declares in the preamble that “it is necessary that

peace and good order should be enforced in said States,”--strong

language that!--“until loyal and republican State governments can be

legally established.” That is what Congress is to require. To that end

Congress must look into the circumstances of the case; it must consider

what the condition of the people there is,--whether this new government

is loyal, whether it is in the hands of loyal people. To that duty

Congress is summoned by its very legislation; the duty is laid down in

advance.

And so you may go through all these Reconstruction statutes, and you

will find that under all of them the whole subject is brought back

ultimately to the discretion of Congress. This whole subject now is in

the discretion of Congress. I trust that Congress will exercise it so

that life and liberty and property shall be safe.

January 12th, Mr. Sumner presented a memorial from citizens of

Virginia then in Washington, claiming to represent the loyal

people of that State, in which they declare themselves “anxious

for the prompt admission of the State to representation upon

such terms that a loyal civil government may be maintained

and the rights of loyal men secured; which,” they say, “we

feel assured cannot be the case, if any condition less

than the application of the test oath to the Legislature

shall be imposed by the Congress.” As the grounds of this

conviction, they point, among other matters, to the continued

manifestations of the Rebel spirit in the community,--the

ascendency of the Rebel party in the recently elected

Legislature, gained, as they insist, “by intimidation, fraud,

violence, and prevention of free speech,”--and particularly

to the evidences of disloyalty, and of meditated bad faith

in regard to the new State Constitution, exhibited in

speeches and other utterances of the Governor and Members of

Assembly,--utterances, on the part of some of the latter,

accompanied with gross contumely of a distinguished Member of

Congress from Massachusetts: all of which, the memorialists

say, “if a hearing can now be had, and which we respectfully

request may be granted, we pledge ourselves to show by sworn

witnesses of irreproachable character, residing in Virginia.”

The memorial was received with denunciation, as

“disrespectful,” “unjust and abusive,” “merely the wailing

of those who were defeated,” “originating with the view of

keeping out Virginia,” “trifling with our own plighted faith

and honor,”--and its presentation criticized with corresponding

severity,--the Senators from Nevada leading the assault. Mr.

Sumner responded:--

MR. PRESIDENT,--Has it come to this, that the loyal people of Virginia

cannot be heard on this floor? that a petition presented by a member

of this body, proceeding from them, is to have first the denunciation

of the Senator from Nevada on my right [Mr. NYE], and then the

denunciation of the Senator from Nevada on my left [Mr. STEWART]?

Why are the loyal people of Virginia to be thus exposed? What have

they done? Sir, in what respect is that petition open to exception?

The Senator says it is disrespectful. To whom? To this body? To the

other Chamber? To the President of the United States? To any branch of

this Government? Not in the least. It is disrespectful, according to

the Senator from Nevada, to the present Governor of Virginia, and he

undertakes to state his case.

Now, Sir, I have nothing to say of the present Governor of Virginia.

I am told that he is on this floor; but I have not the honor of his

acquaintance, and I know very little about him. I make no allegation,

no suggestion, with regard to his former course. He may have been as

sound always as the Senator from Nevada himself; but the petitioners

from Virginia say the contrary. They are so circumstanced as to know

more about him than the Senator from Nevada, or than myself; and they

are so circumstanced as to have a great stake in his future conduct.

Thus circumstanced, they send their respectful petition to this

Chamber, asking a hearing; and what is the answer? Denunciation from

one Senator of Nevada echoed by denunciation from the other Senator of

Nevada. The voice of Nevada on this occasion is united, it is one, to

denounce a loyal petition from Virginia.

Was I not right in presenting the petition? Shall these people be

unheard? The Committee which the Senator represents, led by the Senator

from Illinois [Mr. TRUMBULL], and now led by himself, are pressing this

measure to a precipitate conclusion. These petitioners, having this

great interest in the result, ask for a hearing. Several days ago I

presumed, respectfully, deferentially, to ask that this measure should

be postponed a few days in order to give an opportunity for such a

hearing. I was refused. The Senator from Nevada would not consent, and

with the assistance of Democrats he crowds this measure forward. Sir,

it is natural, allow me to say, that one acting in this new conjunction

should trifle with the right of petition. When one begins to act with

such allies, I can well imagine that he loses something of his original

devotion to the great fundamental principles of our Government.

Something was said by my friend, the other Senator from Nevada [Mr.

NYE], on another passage of the petition, referring to a distinguished

colleague of my own. Why, Sir, that very passage furnishes testimony

against the cause represented by the Senator from Nevada. It shows how

little to be trusted are these men. It shows the game of treachery

which they have undertaken. It shows how they are intending to press

this measure through Congress so as to obtain for Virginia the

independence of a State. Are you ready for that conclusion? Are you

ready to part with this great control which yet remains to Congress,

through which security may be maintained for the rights of all?

Something has been said by different Senators of plighted faith.

Sir, there is a faith that is plighted, and by that I will stand,

God willing, to the end. It is nothing less than this: to secure

the rights of all, without distinction of color, in the State of

Virginia. When I can secure those rights, when I can see that they

are firmly established beyond the reach of fraud, beyond the violence

of opposition, then I am willing that that State shall again assume

its independent position. But until then I say, Wait! In the name

of Justice, in the name of Liberty, for the sake of Human Rights, I

entreat the Senate to wait.

January 13th, in response to criticisms by Mr. Trumbull, of

Illinois, Mr. Sumner said:--

It was in pursuance of the effort I made on the first day of this week

that yesterday I presented a memorial from loyal citizens of Virginia

here in Washington. I presented it as a memorial, and asked to have it

read. The Senator from Nevada [Mr. STEWART], in the remarks which he

so kindly made with regard to me later in the day, said that in asking

to have it read I adopted it. I can pardon that remark to the Senator

from Nevada, who is less experienced in this Chamber than the Senator

from Illinois; but the latter Senator has repeated substantially the

same remark. Sir, this is a new position, that in presenting a memorial

one adopts it, especially when he asks to have it read. Why, Sir, what

is the right of petition? Is it reduced to this, that no petition can

be presented unless the Senator approves it, or that no petition can

be read at the request of a Senator unless he approves it? Such a

limitation on the right of petition would go far to cut it down to its

unhappy condition in those pro-slavery days which some of us remember.

Sir, I was right in presenting the memorial, and right in asking to

have it read.

And now what is its character? It sets forth a condition of things in

Virginia which might well make the Senate pause. I think no candid

person can have listened to that memorial without seeing that it

contains statements with regard to which the Senate ought to be

instructed before it proceeds to a vote. Do you consider, Sir, that

when you install this Legislature you consign the people of Virginia

to its power? Do you consider that to this body belongs the choice of

judges? The whole judiciary of the State is to be organized by it. This

may be done in the interests of Freedom and Humanity, or in the ancient

interests of the Rebellion. I am anxious that this judiciary should

be pure and devoted to Human Rights. But if the policy is pursued

which finds such strenuous support, especially from the Senator from

Illinois, farewell then to such a judiciary!--that judiciary which is

often called the Palladium of the Commonwealth, through which justice

is secured, rights protected, and all men are made safe. Instead of

that, you will have a judiciary true only to those who have lately

been in rebellion. You will have a judiciary that will set its face

like flint against those loyalists that find so little favor with the

Senator from Illinois. You will have a judiciary that will follow out

the spirit which the Senator has shown to-day, and do little else than

pursue vindictively these loyalists.

* * * * *

There has been allusion to the Governor of Virginia. The Senator says I

have made an assault upon him. Oh, no! How have I assaulted him? I said

simply that I understood he was on the floor, as the member-elect from

Richmond was on the floor. That is all that I said. But now there is

something with regard to this Governor to which I should like to have

an answer: possibly the Senator may be able to answer it. I have here a

speech purporting to have been made by him at an agricultural fair in

the southwest part of Virginia after the election, from which, with

your permission, but, Sir, without adopting it at all or making myself

in any way responsible for its contents, I will read.

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