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]