Mr. Sumner then moved the following amendment:--

“_And be it further enacted_, That in each of these

States all judgments and decrees of court which have not

been voluntarily executed, and which have been rendered

subsequently to the date of the Ordinance of Secession in

each State respectively, shall be subject to appeal to the

highest court in the State, organized after the State shall

be admitted again by Congress into the Union; but no such

appeal shall be allowed, unless the motion for the same

shall have been lodged in the court, or clerk’s office of

the court, in which the decree was rendered, within sixty

days after the governor appointed under this Act shall have

entered upon the discharge of the duties of his office,

and for all judgments rendered subsequently to such date,

within sixty days after the same have been rendered.”

Mr. Trumbull objected to it as out of order under the rule. Mr.

Sumner said:--

My attention has often been called to the necessity of such a

provision, by gentlemen from the South, and especially by lawyers

there. They tell me that without some such provision the grossest

injustice will be done. Throughout the whole Rebellion the local

tribunals were sitting to administer justice; yet it was not justice,

but injustice, that they administered. Under their decrees private

rights were overthrown; and I doubt not that my friend from Illinois

has recently read the account of an extensive injustice in Texas, where

private property to an almost incalculable amount was taken away by

these unjust decrees.

Should there not be a remedy? I think all will say that there should

be. This is, if I may so express myself, the last time of asking. If

those States are once organized as States and received into the Union,

I know not if we have the power of applying a remedy. That we have now

I am sure. I cannot doubt our constitutional power at this moment to

set aside all those decrees, so far as they have not been voluntarily

submitted to, or subject them, according to the provision of my

amendment, to appeal in a higher tribunal after the reorganization of

justice in these States. Is not the provision reasonable? Is it not

to serve the ends of justice? If you do not accept it now, can you

accept it at any time hereafter? And if you do not accept it now or

hereafter, will not these parties go without remedy? On that question I

do not pronounce dogmatically. I do not mean to say that they will be

absolutely without remedy; but I do not easily see their remedy. I see

difficulties in the way, while at this moment I see no difficulties in

the way.

Then I encounter the objection that this is not in order. Why not? Is

it not to carry out your Reconstruction Bill, to smooth difficulties,

to remove wrong, to establish justice? It may not have been specially

foreshadowed in the original bill or the supplemental bill; but I

submit that it is entirely germane to both those bills. Besides, it is

commended by an intrinsic justice, which should make it acceptable at

any time.

The amendment was decided to be out of order.

Charles Sumner: his complete works, volume 15 (of 20) · 第 48 / 123 题