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.