HONOR TO A CONSTANT UNION-MAN OF SOUTH CAROLINA.

REMARKS IN THE SENATE, ON A JOINT RESOLUTION TO AUTHORIZE THE PURCHASE

FOR CONGRESS OF THE LAW LIBRARY OF THE LATE JAMES L. PETTIGRU, OF SOUTH

CAROLINA, JULY 3, 1866.

July 3d, the Senate having under consideration a joint

resolution, reported by the Library Committee, appropriating

five thousand dollars for the purchase of the law library of

the late James L. Pettigru, of South Carolina, Mr. Sumner

said:--

I see no objection to this proposition on grounds of constitutional

power. I cannot doubt the power. Had I been called to vote, when under

consideration some weeks ago, I should have voted in the negative. I

was disposed at that time to look at the purchase simply as a question

of economy. Since then I have been led to regard it in that other

aspect presented by the Senator from Wisconsin [Mr. HOWE], and I

hesitate to vote against it.

I have gone over the catalogue of the library. It is a respectable

library for a practising lawyer. Some of the books are valuable, others

may be useful as duplicates.

But in voting this sum I do not expect an equivalent in the books. I

would make the purchase an occasion of expressing sympathy with courage

and fidelity under peculiar difficulties in the cause of our country.

Mr. Pettigru was like the angel Abdiel, “among the faithless faithful

only he.” In the State of South Carolina, and in Charleston itself, he

continued true to the Union in all its trials, early and late,--first,

in those days when it was menaced by Nullification, and then again

when it was openly assailed by bloody Rebellion. He died in virtuous

poverty, and I am willing that Congress should make this contribution

to his widow. Such a character is an example of infinite value to the

Republic. I wish to show my respect for it. I should be glad to see it

exalted so as to be seen by men. In the deserts of the East a fountain

is always cherished as a sacred spot; such a character was a fountain

in the desert. What desert more complete than South Carolina?

The joint resolution passed both Houses, and was approved by

the President.[36]

OPEN VOTING IN THE ELECTION OF SENATORS; SECRET VOTING AT POPULAR

ELECTIONS.

SPEECH IN THE SENATE, ON THE BILL CONCERNING THE ELECTION OF SENATORS,

JULY 11, 1866.

The case of Senator Stockton, and the questions which then

arose with regard to the election of Senators, suggested

the necessity of legislation by Congress on this subject.

Accordingly a bill was reported from the Judiciary Committee,

“to regulate the times and manner of holding elections for

Senators in Congress.”

* * * * *

July 11th, Mr. Fessenden, of Maine, moved an amendment to

the bill, allowing every Legislature to settle the manner of

voting, whether _viva voce_ or by ballot. In the debate that

ensued, Mr. Sumner said:--

MR. PRESIDENT,--I was impressed by a remark of the Senator from

Illinois [Mr. TRUMBULL], to the effect, that, while regulating the

election of Senators, it would be well to require uniformity in all

respects. I was impressed by the remark, for it seemed to me a key

to this whole question. If it be of importance to require uniformity

in all respects, then it seems to me we should not fail to prescribe

in all respects the manner of the election. Nothing should be left

uncertain. This, I understand, the bill before us undertakes to do. The

amendment of the Senator from Maine, if adopted, would leave the manner

of election in one important particular open to the caprice of each

Legislature, so that one Legislature might act in one way and another

in another way,--one might choose Senators by open vote, and another by

secret vote.

Now, Sir, I remark, in the first place, that there should be

uniformity. The question, then, is, Which system shall be

adopted,--open voting, or secret voting? While I am entirely satisfied

that at popular elections secret voting is preferable, and that every

citizen, when about to vote at any such election, has a right to the

protection of secrecy, I do not see my way to the same conclusion with

regard to votes in a representative capacity. Such votes do not belong

to the individual, if I may so express myself, but to his constituents.

A sound policy requires that the constituent should be able to see the

vote given by the representative; but that can be only where it is

open. This argument seems to me unanswerable in principle.

Reference has been made to the English system; and I am glad to adduce

it for example, not in the election of members of Parliament, but in

elections by Parliament itself, as in the choice of Speaker. According

to the principle I have already stated, elections for members of

Parliament should enjoy the protection of secrecy, which they do not,

while the representative in Parliament should be held to vote in such

a way that his constituents may know what he does, and this is the

English rule. The Speaker of the House of Commons is chosen by open

voting, or _viva voce_.

MR. FESSENDEN. We do not do it here in the election of a

President of the Senate.

MR. SUMNER. But I am disposed to believe that in not doing it we fail

to follow the best example. There is no question now with regard to the

manner of voting at popular elections. Our present question concerns

the manner of voting in a representative capacity, and here British

precedent is in favor of open voting.

The rule at popular elections in our own country has not been uniform.

In some States open voting has prevailed from the beginning; in others,

voting has been by ballot. The origin of these differences, while

curious historically, is not without interest in this debate. I think I

do not err in saying that the example of England was early recognized

in Virginia and the more southern States, also in New York after the

withdrawal of Holland. The Western States, including Kentucky, I need

not remind the Senate, were carved out of Virginia. The great Northwest

Territory was originally part of Virginia, and I presume that the

habit which the Senator from Illinois tells us prevails throughout

that region was derived originally from Virginia, as the latter

State derived it originally from England. In New England the usage

is otherwise; nor is it difficult to trace its origin. New England

borrowed her system of secret voting at popular elections from the

Puritan corporation which originally planted its settlements. By the

Law of Corporations a majority governs, and this rule was practically

enforced by secret voting. Here the simplicity of the times harmonized

with classical example. Beans were used for ballots. A candidate being

named, the elector voted by dropping a black bean or white bean into

a box. The rule at popular elections was carried into elections by

the Legislature. These early settlers were not the first to employ

beans for ballots. The law of Athens enjoined that their magistrates

should be chosen by a ballot of beans: so we are told by Lucian, in

his Dialogues.[37] In other places voting was by black and white

pebbles.[38] These instances, besides showing a curious parallel with

our New England way, illustrate the history of secret voting.

This brief statement shows the origin of the opposite rules in popular

elections among us,--the South and West receiving theirs from Virginia

and from England, and New England receiving hers from the practice of

a Puritan corporation. I ought to mention that Rhode Island, which was

organized under a charter from Charles the Second, was an exception;

but in other States the original rule of secrecy in popular elections

has prevailed from the beginning.

* * * * *

There is no question before us with regard to popular elections. We

are considering how men should vote in a representative capacity. Much

as I am in favor of secret voting at the polls, I cannot hesitate in

declaring for open voting wherever men represent others. Nor can I see

any reason for secrecy in elections by a legislative body which is

not equally strong for secrecy in voting on the passage of laws. But

nobody would dispense with the ayes and noes in our daily business. To

my mind the question is clear. Republican institutions will gain by

establishing the accountability of the representative, and I cannot

doubt that this principle should be our guide in determining the manner

of electing Senators under the National Constitution.

The amendment of Mr. Fessenden was rejected,--Yeas 6, Nays 28.

The bill passed the Senate,--Yeas 25, Nays 11,--also the House

of Representatives, and was approved by the President.[39]

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