Mr. Sumner had looked to this session not only for precautions
against the President, but for legislation on Suffrage. He had
never doubted that there would be a session. March 30th, just
before the final adjournment, he gave notice that on the first
Wednesday of July he should ask the Senate to proceed with his
bill to secure the elective franchise to colored citizens,
when Mr. Sherman, of Ohio, said, “The Senator had better add,
‘or some subsequent day.’” [_Laughter._] Mr. Sumner said: “I
beg the Senate to take notice that there will be a session on
the first Wednesday of July, to proceed with business. I have
reason to believe that there will be a quorum here, for there
will be important public business that must be attended to.”
On the completion of the organization, Mr. Sumner proceeded
to offer petitions, when he was interrupted by Mr. Fessenden,
of Maine, who said: “I desire to interpose an objection to
the reference of these petitions; and I may as well bring the
question up here now, before the Senator offers any more. I
do it for the reason that in my judgment it is not expedient
at the present session to act upon general business”; and he
referred to the course at the session of the Twenty-Seventh
Congress, called by President Harrison. Mr. Sumner said, in
reply:--
MR. PRESIDENT,--We are a Congress of the United States, assembled
under the National Constitution, and with all the powers belonging
to Congress,--ay, Sir, and with all the responsibilities also. We
cannot, by agreement or understanding, divest ourselves of these
responsibilities, being nothing less than to transact the public
business,--not simply one item or two items, but the public business
in its sum total, whatever it may be,--in one word, all that concerns
the welfare of this great Republic. Now the Senator limits us to one
item, which he has only alluded to, without characterizing. I suppose I
understand him; but he must know well that even that business has many
ramifications. But why are we to be restricted thus? Looking at past
usage, I need not remind you that we have habitually sat throughout
the summer into the month of August, and on one occasion into the
month of September. It is no new thing that Congress should be here
in July. It is an exception that Congress is not here in July, during
every alternate year. Therefore, in considering public business, even
under these heats, we are only doing what our predecessors before us
have done; we are following the usage of Congress, and not setting up
a new usage of our own. The motion of the Senator, if it be a motion,
or rather his suggestion, does set up a new usage. It is virtually
to declare, that, when admonished by the heats of July, we will fold
our hands, and will not even consider public business, except in one
particular case; that all the other vast interests of this country will
be left, without reference to a committee, without inquiry, unattended
to, neglected.
The Senator from Maine says, that, when Congress adjourned at the
end of March, it was not supposed that there would be a session at
this time. He may not have supposed there would be a session. I never
doubted that there would be one. I saw full well that the public
interests would require a session in July, and I labored to bring it
about, feeling that in so doing I was only discharging a public duty.
Do you forget whom you have as President? A constant disturber, and a
mischief-maker. So long as his administration continues, it is the duty
of Congress to be on guard, perpetually on watch against him; and this
must have been obvious when Congress adjourned, as it is obvious now.
Senators may not have foreseen precisely what he would do; but I take
it that there were few who did not foresee that he would do something
making it important for Congress to be present. I did not doubt, then,
that it would be our duty to be here in our places to make adequate
provision against his misdeeds. He is President, and the head of the
Executive, invested with all the powers belonging to that department.
It is hard, I know, to provide against him; but nevertheless you must
do it. This Republic is too great, too vast, and too precious, to be
left in the hands of a bad man.
One of the greatest masters in the art of war tells us, as the lesson
of his great military experience, that the good general always regards
that as probable which is possible. I know no better rule for the
statesman. Now, with a President such as we have, anything in the
nature of disturbance or interference with the public security is
possible through the Executive arm. Therefore you are to regard it
as probable, and make provision against it. So I argued last spring,
and was satisfied that it would be our duty to be in our seats at the
coming July. We are here, and I now insist that it is our duty to go
forward and discharge all our duties, without exception, under the
National Constitution.
Mr. Fessenden replied, referring to the proceedings at the
called session of the Twenty-Seventh Congress on resolutions of
Mr. Clay to limit business. Mr. Sumner rejoined:--
I hope the Senate will pardon me, if I add one word to what I have
already said. The Senator from Maine introduces as a precedent
something which he will pardon me if I say is not a precedent. He
calls our attention to a session of Congress convened by virtue of a
summons of the President, being a called session. Why, Sir, this is no
called session. This is simply a continuing session, begun on the 4th
day of March. It is not a new session. It is a session already begun,
prolonged by adjournment into the midst of July. Were it such a session
as the Senator from Maine seems to imagine, his precedent might be
applicable. We might then search the message of the President to find
the subjects proper for consideration. It is, however, no such session.
We are here broadly, under all our powers as a Congress, our life as a
Congress having begun here on the 4th day of March at noon. Therefore,
allow me to say, the precedent is inapplicable.
The practical question, then, is, What shall we do, being a Congress
assembled as any other Congress, with all powers and all duties? I
submit, proceed with the public business in due order, until such time
as by the reports of committees or by votes of the two bodies we shall
be satisfied that it is not advisable to proceed further. I think,
therefore, petitions should be presented and referred, bills introduced
and take their proper destinations, and business of all kinds be
brought before the Senate.
At the suggestion of Senators, the petitions were laid on the
table to await formal action on the question.
* * * * *
July 5th, Mr. Anthony, of Rhode Island, moved the following
resolution, which had been agreed upon in a caucus of
Republican Senators:--
“_Resolved_, That the legislative business of this session
be confined to removing the obstructions which have been or
are likely to be placed in the way of the fair execution of
the Acts of Reconstruction heretofore adopted by Congress,
and to giving to said Acts the scope intended by Congress
when the same were passed; and that further legislation, at
this session, on the subject of Reconstruction, or on other
subjects, is not expedient.”