He then remarked:--

I object to the proposition of my friend from Rhode Island, which I

cannot but think he has introduced hastily and without sufficient

consideration, or at any rate under influences which I think his own

better judgment should have rejected. I am against it on several

grounds. If I said it was contrary to precedent, I should not err; for

the attempt made the other day to show that there was precedent for

such a proceeding, it seems to me, signally failed. Attention was then

called to a resolution adopted at a session of Congress convened by the

President of the United States for a declared purpose, announced at the

time in advance. I think the course taken by Congress was regarded as

questionable, even under the peculiar circumstances. But the two cases

are different. The present session is not like that. It is a continuing

session of a Congress begun on the 4th day of March last, being simply

a prolongation of that session; and the practical question is, whether

you will limit the business of Congress in a general session called

under a statute of the United States. Clearly there is no precedent for

any such proceeding. You plunge into darkness without a guide.

But I go further, and I say, that, even if there were a precedent, I

would reject it; for I much prefer to follow the National Constitution.

I do not say that the text of the Constitution positively forbids the

proposition, but I cannot doubt that the spirit of the Constitution

is against it. How often, in other times, have we all throbbed with

indignation at the resolution in the other House, also in this Chamber,

to stifle discussion on a great question! You do not forget the odious

rule by the name of the “Gag,” attached to which was the name of its

author, beginning with the letter A.[229] I hope there will be no other

gag of a larger character to be classified with the letter A. That was

justly offensive, because it violated the right of petition; but you

propose not only to interfere with the right of petition, but also with

all possible measures concerning the public welfare, except as they may

relate to one single business, and that in its narrowest relations.

I object to such a proposition as in its spirit unconstitutional. I

appeal to my associates to reject it, that it may not pass into history

as a precedent of evil example to be employed against Freedom. You may

see, Sir, how obstructive it is, if you will glance at certain matters

within my own knowledge, which, I submit, it is our duty to consider,

and my duty as a Senator to press upon your attention. No relations

with political associates can absolve me from official responsibility.

Every Senator, doubtless, has within his own knowledge business which

in his judgment deserves attention, and other business which he does

not doubt must be acted on. There are Senators on the other side of

the Chamber who will plead the cause of the frontiers menaced by the

Indians. I have heard something of that peril from chance travellers

during these few weeks past; and yet, by the proposition of my friend

from Rhode Island, we are to abandon the frontiers, and I know no other

reason than that the weather is too hot. It may be hot in this Chamber;

but it is hotter there. The reports from the frontier show that danger

has begun. The sound of the war-whoop has broken even into this

Capitol. The corpses of fellow-countrymen lie unburied on the roadside,

and their memories haunt us. And yet we fold our hands, and decline to

supply the needed protection.

Mr. Sumner then alluded to the necessity of legislation to

carry out a recent treaty with Venezuela, and also the treaty

with Russia.

I mean that important treaty by which the Emperor of Russia has

ceded to the United States all his possessions on the North American

continent. The ratifications were exchanged only about a fortnight

ago. Yesterday, the 4th of July, I was honored by a visit from the

Minister of Russia, who put into my hand a cable despatch from St.

Petersburg, announcing that on the day before the Russian Commissioner

left St. Petersburg for Washington to make the formal surrender of that

vast region to the United States. To my inquiry when the Commissioner

would arrive the Minister replied, “In a fortnight.” In a fortnight,

then, final proceedings will be had for the establishment of your

jurisdiction over that region, and two questions arise: first, our

duty to complete the contract, in consideration of the cession, to

pay $7,200,000; and, secondly, our other duty to provide a proper

government. But the proposition of my friend from Rhode Island would

exclude these important topics from our consideration.

MR. ANTHONY. Would the Senator have the Senate originate an

appropriation bill?

MR. SUMNER. I would have the Senate originate a bill for the

government of this territory, and, if need be, originate a bill

for the payment of the money due. There is no objection in the

Constitution.

MR. ANTHONY. It has never been done.

MR. SUMNER. I beg the Senator’s pardon; it has been done again

and again.

MR. ANTHONY. An appropriation bill originated in the Senate?

MR. SUMNER. Oh, yes.

MR. ANTHONY. I never knew that to be done but once; and then

the House rejected it, refused to consider it.

MR. SUMNER. The Senator refers to what are called the general

appropriation bills. The Senate constantly makes appropriations for

individual cases and for carrying out treaties. Does it not appropriate

for private claims, for salaries, for other obligations? In principle,

the present case does not differ from an appropriation for an estate

adjoining the Capitol. Alaska is not an estate adjoining the Capitol;

but it is to be paid for.

That I may make this clearer, I call attention to the very words of the

treaty with Russia:--

“His Majesty the Emperor of all the Russias shall appoint

with convenient despatch an agent or agents for the purpose

of formally delivering to a similar agent or agents appointed

on behalf of the United States the territory, dominion,

property, dependencies, and appurtenances which are ceded as

above, and for doing any other act which may be necessary in

regard thereto. But the cession, with the right of immediate

possession, is nevertheless to be deemed complete and absolute

on the exchange of ratifications, without waiting for such

formal delivery.”[230]

So that, by the terms of the treaty, on the exchange of ratifications

you became possessors of this jurisdiction; and now, by the

approaching surrender, through an official agent, your jurisdiction

will be consummated. With this jurisdiction will be corresponding

responsibilities. You must govern the territory; you must provide

protection for the property and the other interests there. Already,

by the telegraph, we learn that a large ship is about to leave San

Francisco for Sitka, with merchandise of all kinds. There is also the

immense fur-trade, which has been the exclusive Russian interest ever

since the discovery of the country, which will be left open, without

regulation, unless you interfere by appropriate law. There is that

most important fur, the origin of wealth on that whole northwestern

coast, the sea-otter, which will be exposed to lawless and destructive

depredation, unless the Government supplies some regulations. Will you

not do something? Will you leave these interests without care?

Senators exclaim, that they may be considered next winter. Do not

forget the distance between Washington and that far-away region;

you will then see how long you postpone the establishment of your

jurisdiction. Months must elapse after the meeting of Congress next

December, leaving this region without government. There should be

no delay; you should proceed at once. You certainly will not show

yourselves worthy to possess this country, unless you provide at once

a proper government. Leaving it a prey to lawless adventure, you will

only increase the difficulties of dealing with a region so vast and so

remote.

But there is another obligation still. You receive the territory; you

ought to pay the money at the same time. A Senator before me cries out,

“It will not be appropriated at this session.”

MR. EDMUNDS. It is not due yet.

MR. SUMNER. I ask the Senator’s attention to the point. I understand,

as a matter of history, in this negotiation, that, while it was

proceeding, it was proposed that the payment should be on the exchange

of ratifications, so that, when the cession was completed, the

transaction on our part should be completed also; but as the treaty

was being drawn, it was understood that there would be no meeting

of Congress before next December, while the ratifications might be

exchanged before that time. To meet this case, a special provision was

introduced, extending the time of payment to a period of ten months

from the exchange of ratifications. This explains the article I now

read:--

“In consideration of the cession aforesaid, the United States

agree to pay at the Treasury in Washington, within ten months

after the exchange of the ratifications of this convention, to

the diplomatic representative or other agent of His Majesty

the Emperor of all the Russias, duly authorized to receive the

same, seven million two hundred thousand dollars in gold.”[231]

By the letter of the treaty, you may, if you see fit, postpone the

payment to ten months from the exchange of ratifications; but I submit

to the Senator from Vermont, whether he is willing to do so,--whether,

since the transaction is consummated on the part of Russia, he is

not willing, nay, desirous also, that it shall be consummated on the

part of the United States in the spirit of the original negotiation?

I submit this as a question of sound policy,--I will not say of

integrity, but simply of sound policy on the part of our Government,

a republic representing republican institutions, by whose conduct

republican institutions are always judged. Surely you will not fail to

protect the national honor; nor will you stick at the letter of the

treaty.

* * * * *

I have alluded to two important matters under treaties; but there is

still another, more important than any treaty or any appropriation,

which dwarfs treaties and dwarfs appropriations, which is not less

important, certainly, than the protection of the frontier, now menaced

by Indians. I refer to a whole region of our Republic, embracing two

extensive States, now menaced by a foe more dangerous to the national

peace and welfare than any tribe of Indians. These are returning Rebels

in the States of Kentucky and Maryland. Provide against them. They are

Indians within your jurisdiction. You have the power; you have the

means. Give the ballot to the colored citizens in those States, as you

have given it already to colored citizens in the Rebel States, and you

will have an all-sufficient protection against these intruders. Here is

something to be done. Who doubts the power? Out of three fountains in

the Constitution it may be derived. It is your duty, then, to exercise

it. See to it that these States have a republican government. Fix in

your statute-book an authoritative definition of a republic. Enforce

the two Amendments of the Constitution,--one abolishing Slavery, and

the other declaring the rights of citizens. Any delay to exercise so

clear a power is a failure of duty; and it becomes more reprehensible,

when we consider the perils that may ensue. Communicate, if you please,

with Union citizens of those two States. Listen to what they say. Be

taught by their testimony.

I have, for instance, a letter from an eminent citizen of Maryland,

written from Baltimore the 1st of July, which concludes:--

“I will only add, that the interest felt by the loyal people of

this State in the passage of this bill cannot be overstated.”

Communicate with your late colleague upon this floor, that able and

patriotic Senator, Mr. Creswell. Listen to his testimony. There can be

no doubt that Unionists, whether black or white, in Maryland, require

your protection. Give it to them. Do not leave them a prey to Rebels.

In the same way they are exposed in Kentucky. Here is a letter from a

distinguished citizen of that State, dated July 1st: and I read these,

out of many others, simply because they are the latest; they have come

within a few hours:--

“I hope you will be able to do good at the extra session, and

extend and protect the rights of the freedmen, as they are

sadly in need of it in Kentucky. Reconstruct us; this is the

only loyal hope.”

Such is the cry. Kentucky needs reconstruction, and it is your duty

to provide it. Put her on an equality with the Rebel States. Let her

colored citizens enjoy the full-blown rights of citizens, and let the

white Unionists there have the protection of their votes. You sent

muskets once; send votes now.[232]

On your table is a bill “to enforce the several provisions of the

Constitution abolishing Slavery, declaring the immunities of citizens,

and guarantying a republican form of government by securing the

elective franchise to colored citizens.” Pass this bill, and you

furnish the needed protection in these semi-rebel States. Pass this

bill, and you supersede strife on this much-vexed and disturbing

question in other States of the Union. You at once bring to the

elective franchise thousands of good citizens, pledged by their

lives and inspired by their recently received rights to sustain the

good cause which you have so much at heart. Do this; help in this

way the final settlement of the national troubles; pass this bill

of peace,--for such it will be, giving repose in all the Northern

States,--and in this way help establish repose in all the rest of the

country. And yet I am told that even this important measure is to be

set aside. We are not to enter upon its consideration; we are not to

debate it; we are not to receive petitions in its favor. Is this right?

Is it not a neglect of duty? Is it not intolerable?

* * * * *

Mr. President, on these grounds I object to this proposition. I might

have objected to it, in the first place, as out of order, and asked

the ruling of the Chair, not doubting how the Chair, inspired always

by a generous love of human rights, must rule,--not doubting that

the Chair would say that a proposition of such a character was too

closely associated with one of the most odious measures of our history

to deserve welcome at this time. I have raised no such question. I

confine myself now to other objections. I object to it as a departure

from sound usage, as contrary to the spirit of the Constitution, and as

setting up an impediment and obstruction to the transaction of public

business of an urgent character, which you cannot neglect without

neglect of duty. I ask you to provide for the execution of recent

treaties with Venezuela and Russia, to assure protection to Unionists

in Maryland and Kentucky, and to give peace to the country. Above all,

do not make a bad precedent, to be quoted hereafter to the injury of

the Republic.

Mr. Pomeroy, of Kansas, felt “embarrassed in voting against

the resolution offered by the Senator from Rhode Island,”

but he thought it “impracticable and unwise,” that it would

“subject us to censure, and that we ourselves should regret it

hereafter.” Mr. Yates, of Illinois, “was for a special session

for a special purpose.” In reply to a question of Mr. Yates,

Mr. Sumner said:--

I do not believe Congress would have come together, if they had had

faith in the President. I believe the session beginning on the 4th of

March had its origin in want of confidence in the President. I believe

my friend agrees in that.

MR. YATES. Yes.

MR. SUMNER. It was to counteract and watch the President that Congress

met on the 4th of March. When this session was about to adjourn,

provision was made for its renewal, or a continuation or a prolongation

of it, if you may so regard it. I take it in the same spirit with the

original enactment.

It was to provide against the President, and to do such other

incidental business as the public interests might require. I never

doubted that there would be a session on the 3d of July.[233] I so

stated at the passage of the resolution. I have so stated constantly

since; and I have advised more than one gentleman connected with

Congress not to leave the country, because his post of duty was here. I

believe that I have answered the question of my friend.

And now one word more. We are assembled under an Act of Congress

and the National Constitution. By the Constitution it is provided

that “each House may determine the rules of its proceedings.” That

is all it can do. It may not annihilate proceedings; it may not

forbid proceedings. It may provide rules for them; but it cannot, in

a just sense, prevent. Therefore I submit that the resolution, if

not positively unconstitutional, is contrary to the spirit of that

instrument.

Mr. Ross, of Kansas, hoped “that either the proposition of the

Senator from Massachusetts or something similar to it would

carry.” Mr. Tipton, of Nebraska, was “embarrassed in regard

to voting for the original resolution.” After further debate,

the vote was taken on Mr. Sumner’s substitute, and it was

rejected,--Yeas 6, Nays 26.

Mr. Ross then moved a substitute limiting business “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,”

and “such as may be rendered necessary for the preservation of

the peace on the Western frontier.” Debate ensued, in which

Mr. Howe, of Wisconsin, said: “I did not suppose any gentleman

would insist that I was bound by the decision of that body, or

by the conclusion arrived at in that consultation.… I do not

know what penalties I subject myself to by disagreeing here

and now with the conclusions then arrived at.” Mr. Wade, of

Ohio, spoke vigorously against the original resolution. In his

judgment, “there are some questions about which a Senator has

no right to conform his view to that of the majority,” and he

took the original resolution to be of that class. “It sets a

precedent of the greatest danger in high party times.” He hoped

“that no such detriment to a minority will ever be successfully

urged here.” He judged Mr. Sumner’s “measure, which is to give

universal suffrage by Act of Congress, to be upon the subject

of Reconstruction, and one of the most efficient measures

to that end; and yet gentlemen seem to suppose that that is

within the scope of the excluding clause of this resolution.”

Mr. Fessenden was equally positive the other way. He referred

to the caucus of Republican Senators where the original

resolution was prepared, which he deemed “eminently proper.”

“When gentlemen go into consultation with their friends, and

make no protest whatever against having the result of that

consultation acted upon, they agree impliedly and expressly,

in my judgment, that they will be bound on that subject by the

decision which their friends come to, unless they give notice

to the contrary,--that is to say, in case they continue to act

on the subject to the end.” Mr. Sumner followed.

MR. PRESIDENT,--I should not have said another word, but for topics

introduced by the Senator from Maine; yet before I allude to those

particularly, allow me to answer his argument, so far as I am able to

appreciate it. He will pardon me for saying that he confounds right and

power. Unquestionably the Senate has the power which he attributes to

it; but it has not the right. A jury, as we know, in giving a general

verdict, has power to say “Guilty” or “Not guilty,” disregarding the

instructions of the court; but I need not say that it is a grave

question among lawyers whether it has the right. Now, assuming that the

Senate has the power which the Senator from Maine claims, it seems to

me it has not the right. It has not the right to disregard the spirit

of the National Constitution; and the present proposition is of that

character. The Senator does not see it so, I know; for, if he did, he

could not give to it the weight of his character. Others do see it

so; and if they do, the Senator from Maine must pardon them, if they

act accordingly. The Senator would not vote for anything he regarded

as hostile to the spirit of the Constitution. I cannot attribute to

him any such conduct. Can he expect others to do what he would not do

himself? This is my answer to the argument, so far as I understand it.

Perhaps I do not do justice to it; yet I try.

There was one other point of argument. The Senate, so the Senator

argues, may postpone an individual measure to the next session. Grant

it; does it follow that they may postpone, immediately on their

arrival, the whole business to another session?

MR. FESSENDEN. They can adjourn on the next day, or on the day

they meet, if they please.

MR. SUMNER. But so long as they continue in session as a Senate, then,

under the National Constitution, they must attend to the business

of the country. They cannot tie their hands in advance. To do so is

to violate the spirit of the Constitution. The Senator cannot have

forgotten the Atherton gag, to which I referred before, without

naming it, however. Was it not justly an offence and a stench in the

nostrils of every patriot citizen? Has it not left a bad name upon

the Congresses that recognized it? But this was simply a declaration

not to receive petitions on one subject; and now, under the lead of

the Senator, we are to continue in session an indefinite time, and

to receive no petition, no bill, nothing on anything except on one

specified subject. I submit, if the Atherton gag was unconstitutional,

if it was odious, if it was a bad precedent, then you are very rash in

establishing this much broader precedent. Do not condemn the offensive

legislation of the past; do not condemn those slave-masters once so

offensive in these Chambers. You go further than they. You impose a gag

not upon petitions merely, but upon the general business of the country.

The Senator from Ohio [Mr. WADE] has, with unanswerable force, depicted

the offensive character of this precedent, and he has taught us how,

now that we are a majority, we should hesitate to set such an example

for the future. How should we feel, he has aptly reminded us, if, as a

minority, we had such a cup handed to our lips by a patriot Senator?

Doubtless, that for the time patriotism had departed.

I should not have been betrayed into these remarks now, but for topics

introduced by the Senator from Maine. When I opened this debate, this

morning, Senators will bear me witness, I made no allusion to any

discussion elsewhere. I did not think a caucus a proper subject for

this Chamber; nor did I attribute to it anything of the character

which the Senator from Maine does. He makes it not merely sacred, but

a _sacro-sanct pact_, by which every one at the meeting is solemnly

bound. What authority is there for any such conclusion? Senators went

to that caucus, I presume, like myself, without knowing what was to

be considered; and let me confess, when the proposition, in its first

form, was presented, I was startled by its offensive character. I

could not believe that a Senator, knowing the responsibilities and

duties of a Senator, and under the oath of a Senator, could start such

a thing. Well, Sir, discussion went on. The proposition was amended,

modified, mitigated, losing something of its offensiveness in form,

but it still remained substantially offensive. I am not aware that any

Senator suggested that it should be adopted as a rule of the Senate.

If any one did, I did not hear it, though paying close attention to

the discussion. I do not think the Senator from Maine made any such

suggestion. I certainly never supposed that anybody would propose such

a rule. So far as it was to have any value, I supposed it was to be the

recorded result of the deliberations of political associates,--so far

as practicable, a guide for their action, but not a constraint embodied

in a perpetual record. At the last moment, after the vote had been

declared to which the Senator from Maine refers, and to which I should

make no allusion, if he had not brought it forward, I rose in the

caucus, and said, “I will not be bound by any such proposition.” When

it had arrived at the stage to which I refer,--the Senator from Maine

will not forget it, for he interposed a remark which I will not quote

now----

MR. FESSENDEN. You had better quote it. I said, “Then you

should not have voted on the subject, if you did not mean to be

bound by the decision of the majority.”

MR. SUMNER. To which I replied, “I am a Senator of the United States.”

MR. FESSENDEN. I did not hear the reply.

MR. SUMNER. By that reply I meant that my obligations as a Senator were

above any vote in caucus; that I had no right to go into caucus and

barter away unquestioned rights on this floor. We are under obligations

here to discharge our duties as Senators. We cannot in advance tie our

hands. I have not said in so many words, “You violate the Constitution

in doing it.” Perhaps better reflection would lead me to adopt the

stronger language, and say, “You violate the National Constitution.” I

feel plainly, clearly, beyond doubt, that such is the character of the

National Constitution, and such are our obligations under it, that we

cannot, without a dereliction of duty, consent to such a proposition.

So I see it; I cannot see it otherwise.

And now I submit to my associates in this body, with whom I am proud to

act, whose good opinion I value, whether they would have me, feeling as

I do regarding this resolution, act otherwise than as I do. Should I

not, as an associate in this Chamber, anxious for the good name of the

Senate to which we all belong, proud of this Republic whose honor we

hope to bear aloft, and anxious that no precedent should be established

which may hereafter be brought to our detriment, should I not enter my

frank protest? And, doing so, do I deserve the rude suggestions that

have been made to-day? Should I be told that one may not go into a

caucus and assist in the debate, and then appear in this Chamber only

with the bands of the caucus upon his hands?

Nor is the duty changed by the time of the protest. Vote or no vote

makes no difference. No caucus could constrain a Senator on such a

question. It was our duty to stay and resist the offensive proposition

to the last, and then afterward resist it elsewhere. Senators, if they

choose, may take it in their hands and bear it into this Chamber, to

enshrine it in the rules of the Senate. If placed there, I know it will

do no good; it will stay there to the dishonor of the country, and as a

bad precedent for the future.

Mr. Howe spoke again, beginning his remarks as follows: “I am

not so familiar with the history of this country as I wish I

was. I do not know whether it has ever happened hitherto in

the history of the country that a Senator has been arraigned

before the Senate for a violation of a duty to a partisan

caucus. If there ever has been such a trial before, I hope

there never will be such a trial again.” Mr. Yates concluded by

saying: “Now, Sir, there is one of two things, and it commences

this day: that the decisions of such consultations have to be

carried out, or this day begins the death of any consultations

by the majority in the Senate.” Mr. Sumner followed.

MR. PRESIDENT,--It is evident that this debate has opened a broader

question than was imagined at first. Doctors disagree. The learned

Senator from Illinois differs from the learned Senator from Maine. One

expounds the caucus obligations in one way, and the other in another.

Now I am clear that this debate ought not to be closed without some

defined code of caucus, and it seems to me that the learned Senators,

so swift in judgment, ought to supply this code. It should be reduced

to a text. We should know to what extent one is bound, and to what

extent not bound: whether the Senator from Illinois, who refuses to be

bound by the caucus in one point, which was fully discussed, is a man

of honor; whether another Senator, who refuses to be bound on other

points, is a man of honor. That question could be settled by some

explicit code: for we have been admonished that we cannot differ from

the caucus without a departure from propriety, if not from duty; and I

do not know that stronger language has not been employed. If it has, I

will not quote it. It seems to me that this should lead to a practical

conclusion, and it is this: to have nothing to do with a proposition

which can be discussed only through such avenues, which requires such

refinement of detail, with regard to which the Senator from Illinois

makes one exception, and other Senators other exceptions, and to which

still other Senators entirely object.

Now I am not going to complain of the Senator from Illinois. In

following his convictions he is doing right; but then I wish him to

understand that others on this floor may have the privilege he claims

for himself,--justly claims; it is his title. I recognize the Senator

as a man of honor, though he does refuse to carry out the decrees of

the caucus. I believe that every Senator here has responsibilities as

a Senator which are above any he can have to a caucus, which is only

a meeting of friends for consultation and for harmony, where each

gives up something with a view to a common result, but no man gives

up a principle, no man gives up anything vital. No Senator can expect

another Senator to give up anything vital; no Senator can expect

another Senator to sacrifice a principle. I will not imagine that any

Senator would sacrifice a principle. If a Senator expects another to

accord with him in the conclusions of a caucus, I know well it is

because he does not see it in the light of principle; but if another

Senator does see it in the light of principle, how can he be expected

to act otherwise than according to his light? It is not given to all to

see with the clearness of the caucus-defenders. Theirs is the pathway

of light; they see the obligation as complete. Others cannot see it

so. I am in that list. I cannot see it as a final obligation. I have

been present in many caucuses, and I believe, looking over the past, I

have harmonized reasonably with my associates. Sometimes I have been

constrained to differ, and have expressed that difference, and it has

generally been received with kindness. The other day I expressed the

same difference, little expecting, however, an arraignment on this

floor.

Here followed a conversation, in which Mr. Sumner, Mr. Yates,

Mr. Howe, Mr. Grimes, of Iowa, and Mr. Thayer, of Nebraska,

took part. Mr. Yates was willing to except from the resolution

necessary legislation on the Western frontiers. Mr. Sumner

continued:--

Now I submit to my excellent friend, whether his conclusion does not

entirely impair the value of the caucus conclusion, except to this

extent, in which we all agree, that it is an expression of the opinion

of political associates, calculated to exercise a strong influence on

the course of public business, and to be received with respect, but not

to be imposed upon this Chamber as a rule.

MR. YATES. Allow me to ask the Senator whether he did

not submit himself to the same sort of decision in the

Reconstruction measures. Those matters were before a caucus,

and acted upon.

MR. SUMNER. In the caucus on Reconstruction I moved the amendment that

in the future constitutions of the Rebel States the ballot should be

required. A division was had. I allude to it now because interrogated

openly in the Senate. A division was had, and there were two stand-up

votes, when the motion was carried by a vote of 15 to 13. By 15 to 13

in that caucus it was voted to require suffrage for all in the future

constitutions of the Rebel States.

MR. EDMUNDS. And what would you have thought, if the thirteen

had repudiated that action?

MR. SUMNER. To repudiate a proposition in favor of human liberty would

have been a very different thing from repudiating a proposition

against human liberty.

MR. FESSENDEN. When the question is put to the Senator, what he

would have thought, if the thirteen had repudiated it, he says

that is a very different thing, being in favor of liberty.

MR. SUMNER. Very well, does not the Senator say the same?

MR. FESSENDEN. I say there is no difference, where a man

promises to do a thing with a full understanding; he has no

right to violate it, whether it is one way or the other.

MR. SUMNER. The question is, whether the man does promise. There is the

point.

MR. FESSENDEN. Very well, then, my reply is, that, if there was

no promise in the case of the thirteen to support the decision,

there is no promise here; if there was a promise in the case

of the thirteen to be bound by it and support it, as they

did, then there was a promise here. The Senator may make the

distinction, if he can.

MR. SUMNER. I will make the distinction clear. I have never said there

was a promise in the case of the thirteen, as I insist there was no

promise in the recent caucus. Had the Senator felt it his duty to come

into the Senate and oppose the report, I should have been pained to

find him on the side of wrong; but I am not ready to say that he would

have been constrained by the caucus. But, plainly, the repudiation of

a caucus vote for Human Rights is to be judged differently from the

repudiation of a caucus vote adverse to Human Rights,--assuming, as I

do, that there is no promise in either case.

…

Sir, I am tired of this talk of honor, in connection with the public

business. This is too solemn; we are under too great responsibilities.

Every Senator acts with honor. The Senator from Maine acts with honor,

when he seeks to impose a rule which I think offensive to the spirit

of the Constitution. The Senator from Illinois acts with honor, when

he says that he will not be bound by the vote of this caucus in a

particular case. Other Senators act with honor, when they refuse to be

bound by the resolution in any of its terms. Every Senator acts with

honor. He only acts otherwise who makes injurious imputations upon his

associates.

Yes, Sir, let us have this caucus code. If it is to be administered

with such severity, let us know it in advance, its terms and its

conditions,--what extent of dishonor is to be visited upon those who

do not adopt the caucus conclusions, and what extent of honor upon

those who so steadfastly and violently carry them forward. Let us have

the code. I believe, Sir, that the true code for the Senate is found

in the National Constitution, in the rules of this body, and in the

sentiments of right and wrong which animate every honest soul; and I

believe that no advantage can be taken of any Senator by reminding him

that he forbore at a particular moment to register his objection, just

as if we were all there on trial, to be saved by speaking promptly.

It was no such debate; we were there with friends and brothers, each

respecting the sensibilities and convictions of his associates, and, by

interchange of opinions, seeking harmony, but not submitting to a yoke.

After further remarks from Mr. Fessenden and Mr. Tipton, the

substitute of Mr. Ross was rejected,--Yeas 15, Nays 19. The

resolution, was then adopted,--Yeas 23, Nays 9.

* * * * *

July 10th, Mr. Sumner called up the following, introduced by

him July 8th:--

“_Resolved_, That the resolution of the Senate, adopted the

5th of July last, limiting the business of the Senate, be,

and hereby is, rescinded.”

In remarks that followed, he showed the character of the

proceedings in the Twenty-Seventh Congress, which had been

adduced as a precedent for the limitation of business. In reply

to Mr. Fessenden, he said:--

I have simply done my duty, in calling attention to the past precedent

which had been introduced into the discussion. When it was introduced

by the Senator from Maine, I had no means of replying to it. I had not

the Journal or the Globe with me, and I supposed, from the statement

of the Senator, that it was a resolution practically adopted in this

Chamber. I was not aware of what followed. I was not aware of the

extent to which the whole spirit of the proposition was denounced. Nor

was I aware that its original mover, Mr. Clay, was obliged to abandon

his proposition,--that he magnanimously, justly, and considerately

abandoned it. That is the true precedent in this body; and that is the

precedent which, I submit, it would be better for the Senate to follow.

Nothing, surely, could be lost by following it.

The resolution adopted by the Senate on Friday, while it remains, will

only be of evil example. If hereafter quoted as a precedent, it may be

at last for some purpose of oppression, when Senators will not all be

as just as those I now have the honor of addressing. It may be seized

then as an engine of tyranny. For one, Sir, I would leave no such

weapon in this Chamber to be grasped hereafter by any hand.

The Senate refused to take up the resolution.

* * * * *

July 13th, Mr. Sumner made another attempt by the following

resolution:--

“_Resolved_, That the rule of the Senate limiting business

be suspended, so far as to allow the consideration of

the bill (S. No. 124) to enforce the several provisions

of the Constitution abolishing Slavery, declaring the

immunities of citizens, and guarantying a republican form

of government by securing the elective franchise to colored

citizens.”

But he was not able to obtain a vote upon it, and the important

bill was left on the table.

Charles Sumner: his complete works, volume 15 (of 20) · 第 44 / 123 题