In the same vein another officer testifies from Texas:--

“There is one thing, however, that is making against the speedy

return of quietness, not only in this State, but throughout

the entire South, _and that is the Reconstruction policy of

President Johnson_. It is doing more to unsettle this country

than people who are not practical observers of its workings

have any idea of. Before this policy was made known, the people

were prepared to accept anything. They expected to be treated

as rebels,--their leaders being punished, and the property

of others confiscated. But the moment it was made known, all

their assurance returned. Rebels have again become arrogant and

exacting; Treason stalks through the land unabashed.”

This testimony might be multiplied indefinitely. From city and country,

from highway and by-way, there is but one voice. When, therefore, the

President, in opprobrious terms, complains of Congress as interposing

delay, I reply to him: “No, Sir, it is you, who, by unexpected and

most perverse assumption, have put off the glad day of security and

reconciliation, so much longed for. It is you who have inaugurated anew

that malignant sectionalism, which, so long as it exists, will keep the

Union divided in fact, if not in name. Sir, you are the Disunionist.”

* * * * *

Glance, if you please, at that Presidential policy--so constantly

called “my policy”--now so vehemently pressed upon the country, and you

will find that it pivots on at least two alarming blunders, as can be

easily seen: _first_, in setting up the One Man Power as the source of

jurisdiction over this great question; and, _secondly_, in using the

One Man Power for the restoration of Rebels to place and influence,

so that good Unionists, whether white or black, are rejected, and the

Rebellion itself is revived in the new governments. Each of these

assumptions is an enormous blunder. You see that I use a mild term to

characterize such a double-headed usurpation.

* * * * *

Pray, Sir, where in the Constitution do you find any sanction of the

One Man Power as source of this extraordinary jurisdiction? I had

always supposed that the President was the Executive,--bound to see

the laws faithfully executed, but not empowered to make laws. The

Constitution expressly says: “The Executive power shall be vested in

a President of the United States of America.” But the Legislative

power is elsewhere. According to the Constitution, “All Legislative

powers herein granted shall be vested in a Congress of the United

States, which shall consist of a Senate and House of Representatives.”

And yet the President has assumed legislative power, even to the

extent of making laws and constitutions for States. You all know,

that, at the close of the war, when the Rebel States were without

lawful governments, he assumed to supply them. In this business of

Reconstruction he assumed to determine who should vote, and also to

affix conditions for adoption by the conventions. Look, if you please,

at the character of this assumption. The President, from the Executive

Mansion at Washington, reaches his long executive arm into certain

States and dictates constitutions. Surely here is nothing executive; it

is not even military. It is legislative, pure and simple, and nothing

else. It is an attempt by the One Man Power to do what can be done

only by the legislative branch of Government. And yet the President,

perversely absorbing to himself all power over the reconstruction of

the Rebel States, insists that Congress must accept his work without

addition or subtraction. He can impose conditions: Congress cannot. He

can determine who shall vote: Congress cannot. His jurisdiction is not

only complete, but exclusive. If all this be so, then has our President

a most extraordinary power, never before dreamed of. He may exclaim,

with Louis the Fourteenth, “The State, it is I,” while, like this

magnificent king, he sacrifices the innocent, and repeats that fatal

crime, the revocation of the Edict of Nantes. His whole “policy” is

“revocation” of all that has been promised and all we have a right to

expect.

Here it is well to note a distinction, not without importance in

the issue between the President and Congress. Nobody doubts that

the President may, during war, govern any conquered territory as

commander-in-chief, and for this purpose detail any military officer as

military governor. But it is one thing to govern a State temporarily by

military power, and quite another thing to create a constitution for

a State which shall continue _when the military power has expired_.

The former is a military act, and belongs to the President; the

latter is a civil act, and belongs to Congress. On this distinction

I stand; and this is not the first time that I have asserted it. Of

course, governments set up in this illegitimate way are necessarily

illegitimate, except so far as they acquire validity from time or

subsequent recognition. It needs no learned Chief Justice of North

Carolina solemnly to declare this. It is manifest from the nature of

the case.

But this illegitimacy becomes still more manifest, when it is known

that the constitutions which the President orders and tries to cram

upon Congress have never been submitted to popular vote. Each is the

naked offspring of an illegitimate convention called into being by the

President, in the exercise of illegitimate power.

There is another provision of the Constitution, by which, according to

a judgment of the Supreme Court of the United States, this question

is referred to Congress, and not to the President. I refer to the

provision that “_the United States_ shall guaranty to every State in

this Union a republican form of government.” On these words Chief

Justice Taney, speaking for the Supreme Court, has adjudged, that

“it rests with Congress to decide what government is the established

one in a State; for, as _the United States_ guaranty to each State

a republican government, _Congress must necessarily decide what

government is established in the State_, before it can determine

whether it is republican or not”; and that “unquestionably a military

government established as the permanent government of the State would

not be a republican government, and it would be the duty of Congress

to overthrow it.”[61] But the President sets at nought this commanding

text, reinforced by the positive judgment of the Supreme Court, and

claims this extraordinary power for himself, to the exclusion of

Congress. He is “the United States.” In him the Republic is manifest.

He can do all; Congress nothing.

And now the whole country is summoned by the President to recognize

State governments created by constitutions thus illegitimate in origin

and character. Without considering if they contain the proper elements

of security for the future, or if they are republican in form, and

without any inquiry into the validity of their adoption,--nay, in

the very face of testimony showing that they contain no elements of

security for the future, that they are not republican in form, and that

they have never been adopted by the loyal people,--we are commanded

to accept them; and when we hesitate, the President, himself leading

the outcry, assails us with angry vituperation, blunted, it must be

confessed, by coarseness without precedent and without bound. It is

well that such a cause has such an advocate.

Thus setting up the One Man Power as a source of jurisdiction, the

President has committed a blunder of Constitutional Law, proceeding

from an immense egotism, in which the little pronoun “I” plays a

gigantic part. It is “_I_” vs. _The People of the United States in

Congress assembled_. On this unnatural blunder I might say more; but I

have said enough. My present purpose is accomplished, if I make you see

it clearly.

* * * * *

The other blunder is of a different character. It is giving present

power to ex-Rebels, at the expense of constant Unionists, white or

black, and employing them in the work of Reconstruction, so that the

new governments continue to represent the Rebellion. This same blunder,

when committed by one of the heroes of the war, was promptly overruled

by the President himself; but Andrew Johnson now does what Sherman was

not allowed to do. The blunder is strange and unaccountable.

Here the evidence is constant and cumulative. It begins with his

proclamation for the reconstruction of North Carolina. Holden was

appointed Provisional Governor,--an officer unknown to law, and for

whom there was no provision,--although it was notorious that he had

been a member of the Convention which adopted the Act of Secession,

and that he signed it. Then came Perry, Provisional Governor of South

Carolina, who, besides holding a judicial station under the Rebel

Government, was one of its Commissioners of Impressments. I have a

Rebel newspaper containing one of his advertisements in the latter

character. There also was Parsons, Provisional Governor of Alabama,

who in 1863 introduced into the Legislature of that State formal

resolutions tendering to Jefferson Davis “hearty thanks for his good

labors in the cause of our common country, together with the assurance

of continued support,”--and afterwards, in 1864, denounced our national

debt, exclaiming in the Legislature: “Does any sane man suppose we

will consent to pay their [the United States] war debt, contracted in

sending armies and navies to burn our towns and cities, to lay waste

our country,--whose soldiers have robbed and murdered our peaceful

inhabitants?” Such were the agents appointed by the President to

institute loyal governments. But this selection becomes more strange

and unaccountable, when it is considered that all this was done in

defiance of law.

There is a recent enactment of Congress requiring that no person shall

be appointed to any office of the United States, unless such office has

been created by law.[62] And there is another enactment of Congress,

providing that all officers, civil or military, before entering

upon their official duties or receiving any salary or compensation,

shall take an oath declaring that they have held no office under the

Rebellion or given any aid thereto.[63] In face of these enactments,

which are sufficiently explicit, the President began his work of

Reconstruction by appointing civilians to an office absolutely unknown

to law, when besides they could not take the required oath of office;

and to complete the disregard of Congress, he fixed their salary, and

paid it out of the funds of the War Department.

Of course such proceeding was an instant encouragement and license to

all ex-Rebels, no matter how much blood was on their hands. Rebellion

was at a premium. It was easy to see, that, if these men were good

enough to be governors of States, in defiance of Congress, all others

in the same political predicament would be good enough for inferior

offices. And it was so. From top to bottom these States were organized

by men who had been warring on their country. Ex-Rebels were appointed

by the governors or chosen by the people everywhere. Ex-Rebels sat in

Conventions and in Legislatures. Ex-Rebels became judges, justices

of the peace, sheriffs, and everything else,--while the faithful

Unionist, white or black, was rejected. As with Cordelia, his love

was “according to his bond, nor more nor less”; but all this was of

no avail. How often during the war have I pleaded for such patriots,

and urged to every effort for their redemption!--and now, when our

arms have prevailed, it is they who are cast down, while the enemies

of the Republic are exalted. The pirate Semmes returns from his ocean

cruise to be chosen Probate Judge,--leaping from the deck of the Ship

Alabama to the judicial bench of the State Alabama. In New Orleans the

Rebel mayor at the surrender to the national flag is once more mayor,

and employs his regained power in the terrible massacre which rises

in judgment against the Presidential policy. Persons are returned to

Congress whose service in the Rebellion makes it impossible for them

to take the oath of office,--as in the case of Georgia, which selects

as Senators Herschel V. Johnson, a Senator of the Rebel Congress, and

Alexander H. Stephens, Vice-President of the Rebellion. These are

instances; but from these learn all.

There is nothing within reach of the President which he has not

lavished on ex-Rebels. The power of pardon and amnesty, like the power

of appointment, has been used for them, wholesale and retail. It would

have been easy to affix a condition to every pardon, requiring, that,

before it took effect, the recipient should carve out of his estate

a homestead for every one of his freedmen, and thus secure to each

what they all covet so much, a piece of land. But the President did no

such thing, although, in the words of the old writ, “often requested

so to do.” Such a condition would have helped the loyal freedmen,

rather than the rebel master. In the same spirit, while undertaking to

determine who shall be voters, all colored persons, howsoever loyal,

were disfranchised, while all white persons, except certain specified

classes, although black with rebellion, were constituted voters on

taking a simple oath of allegiance, thus investing ex-Rebels with a

prevailing power.

Partisans of the Presidential “policy” are in the habit of declaring

it a continuation of the policy of the martyred Lincoln. This is a

mistake. Would that he could rise from his bloody shroud to repel the

calumny! Happily, he has left his testimony behind, in words which

all who have ears to hear can hear. The martyr presented the truth

bodily, when he said, in suggestive metaphor, that we must “build up

from the sound materials”; but his successor insists upon building from

materials rotten with treason and gaping with rebellion. On another

occasion, the martyr said that “an attempt to guaranty and protect a

_revived_ State government, constructed in whole or _in preponderating

part_ from _the very element_ against whose hostility and violence it

is to be protected, is _simply absurd_.”[64] But this is the very thing

the President is now attempting. He is constructing State governments,

not merely in preponderating part, but _in whole_, from the hostile

element. Therefore he departs openly from the policy of the martyred

Lincoln.

The martyr says to his successor that the policy adopted is “simply

absurd.” He is right, although he might say more. Its absurdity

is too apparent. It is as if, in abolishing the Inquisition, the

inquisitors had been continued under another name, and Torquemada had

received a fresh license for cruelty. It is as if King William, after

the overthrow of James the Second, had made the infamous Jeffreys

Lord Chancellor. Common sense and common justice cry out against the

outrage; and yet this is the Presidential “policy” now so passionately

commended to the American people.

A state, according to Aristotle, is a “copartnership,” and I

accept the term as especially applicable to our government. And now

the President, in the exercise of the One Man Power, decrees that

communities lately in rebellion shall be taken at once into our

“copartnership.” I object to the decree as dangerous to the Republic. I

am not against pardon, clemency, or magnanimity, except where they are

at the expense of good men. I trust that they will always be practised;

but I insist that recent rebels shall not be admitted, without proper

precautions, to the business of the firm. And I insist also that the

One Man Power shall not be employed to force them into the firm.

* * * * *

Such are two pivotal blunders. It is not easy to see how he has

fallen into these, so strong were his early professions the other way.

The powers of Congress he had distinctly admitted. Thus, as early as

24th July, 1865, he had sent to Sharkey, acting by his appointment

as Provisional Governor of Mississippi, this despatch: “It must,

however, be distinctly understood that the restoration to which your

proclamation refers _will be subject to the will of Congress_.” Nothing

could be more positive. And he was equally positive against the

restoration of Rebels to power. You do not forget, that, in accepting

his nomination as Vice-President, he rushed forward to declare that the

Rebel States must be remodelled, that confiscation must be enforced,

and that Rebels must be excluded from the work of Reconstruction.

His language was plain and unmistakable. Announcing that “government

must be fixed on the principles of _eternal justice_,” he declared,

that, “if the man who gave his influence and his means to destroy the

Government should be permitted to participate in the great work of

reorganization, then all the precious blood so freely poured out will

have been wantonly spilled, and all our victories go for nought.” True,

very true. Then, in words of surpassing energy, he cried out, that “the

great plantations must be seized and divided into small farms,” and

that “traitors should take a back seat in the work of restoration.”

Perhaps the true rule was never expressed with more homely and vital

force than in this last saying, often repeated in different forms, “For

Rebels, back seats.” Add that other saying, as often repeated, “Treason

must be made odious,” and you have two great principles of just

reconstruction, once proclaimed by the President, but now practically

disowned by him.

* * * * *

You will ask how the President fell. This is hard to say, certainly,

without much plainness of speech. Mr. Seward openly confesses that

he counselled the present fatal “policy.” Unquestionably the Blairs,

father and son, did the same. So also, I doubt not, did Mr. Preston

King. It is easy to see that Mr. Seward was not a wise counsellor.

This is not his first costly blunder. In formal despatches he early

announced that “the rights of the States, and the condition of every

human being in them, will remain subject to exactly the same laws

and forms of administration, whether the revolution shall succeed or

whether it shall fail.”[65] And now he labors for the fulfilment of

his own prophecy. Obviously, from the beginning, he has failed to

comprehend the Rebellion, while in nature he is abnormal and eccentric,

jumping like the knight on the chess-board, rather than moving on

straight lines. Undoubtedly the influence of such a man over the

President has not been good. But the President himself is his own worst

counsellor, as he is his own worst defender. He does not open his mouth

without furnishing evidence against himself.

The brave words with which he accepted his nomination as Vice-President

resounded through the country. He was elected. Then followed two

scenes, each of which filled the people with despair. The first was

of the new Vice-President taking the oath of office--in the presence

of the foreign ministers, the judges of the Supreme Court, and the

Senate--while in such a condition that his attempted speech became

trivial and incoherent, and he did not know the name of the Secretary

of the Navy, who is now the devoted supporter of his policy, as he has

been his recent travelling companion. One month and one week thereafter

President Lincoln was assassinated. The people, wrapt in affliction

at the great tragedy, trembled as they beheld a drunken man ascend

the heights of power. But they were generous and forgiving,--almost

forgetful. He was our President, and hands were outstretched to

welcome and sustain him. His early utterances as President, although

commonplace, loose, and wordy, gave assurance that the Rebellion and

its authors would find little favor. Treason was to be made odious.

* * * * *

At this time my own personal relations with him commenced. I had known

him slightly while he was in the Senate; but I lost no time in seeing

him after he became President. He received me kindly. I hope that I

shall not err, if I allude briefly to what passed between us. You are

my constituents, and I wish you to know the Presidential mood at that

time, and also what your representative attempted.

Being in Washington during the first month of the new Administration,

destined to fill such an unhappy place in history, I saw the President

frequently, at the private house he then occupied, or at his office

in the Treasury. He had not yet taken possession of the Executive

Mansion. The constant topic was “Reconstruction,” which was considered

in every variety of aspect. More than once I ventured to press the

duty and renown of carrying out the principles of the Declaration of

Independence, and of founding the new governments on the consent of

the governed, without distinction of color. To this earnest appeal he

replied, as I sat with him alone, in words which I can never forget:

“On this question, Mr. Sumner, there is no difference between us; you

and I are alike.” Need I say that I was touched to the heart by this

annunciation, which seemed to promise a victory without a battle?

Accustomed to controversy, I saw clearly, that, if the President

declared himself for the Equal Rights of All, the good cause must

prevail without controversy. Expressing to him my joy and gratitude,

I remarked that there should be no division in the great Union

party,--that no line should be run through it, on one side of which

would be gentlemen calling themselves “the President’s friends,” but

we should be kept all together as one seamless garment. To this he

promptly replied, “I mean to keep you all together.” Nothing could

be better. We were to be kept all together on the principle of Equal

Rights. As I walked away, that evening, the battle of my life seemed

ended, while the Republic rose before me, refulgent in the blaze of

assured freedom, an example to the nations.

On another occasion, during the same period, the case of Tennessee was

discussed. I expressed the earnest hope that the President would use

his influence directly for the establishment of impartial suffrage in

that State, saying that in this way Tennessee would be put at the head

of the returning column and be made an example,--in one word, that all

the other States would be obliged to dress on Tennessee. The President

replied, that, if he were at Nashville, he would see this accomplished.

I could not help rejoining, that he need not be at Nashville, for

at Washington his hand was on the long end of the lever with which

he could easily move all Tennessee,--referring, of course, to the

powerful, but legitimate, influence the President might exercise in his

own State by the expression of his desires. Let me confess that his

hesitation disturbed me; but I attributed it to unnecessary caution,

rather than to infidelity. He had been so positive with me, how could I

suspect him?

At other times the conversation was renewed. Such was my interest in

the question, that I could not see the President without introducing

it. As I was about to return home, I said that I desired, even at the

risk of repetition, to make some parting suggestions on the constant

topic, and that, with his permission, I would proceed point by

point, as was the habit of the pulpit in former days. He smiled, and

observed pleasantly, “Have I not always listened to you?” I replied,

“You have; and I am grateful.” After remarking that the Rebel region

was still in military occupation, and that it was the plain duty of

the President to use his temporary power for the establishment of

correct principles, I proceeded to say: “First, see to it that no

newspaper is allowed which is not thoroughly loyal, and does not

speak well of the National Government and of Equal Rights”; and here

I reminded him of the saying of the Duke of Wellington, that in a

place under martial law an unlicensed press is as impossible as on

the deck of a ship of war. “Secondly, let the officers that you send,

as military governors or otherwise, be known for devotion to Equal

Rights, so that their names alone will be a proclamation, while their

simple presence will help educate the people”; and here I mentioned

Major-General Carl Schurz, who still held his commission in the army,

as such a person. “Thirdly, encourage the population to resume the

profitable labors of agriculture, commerce, and manufactures without

delay,--but for the present to avoid politics. Fourthly, keep the whole

region under these good influences, and at the proper moment hand

over the subject of Reconstruction, with the great question of Equal

Rights, to the judgment of Congress, where it belongs.” All this the

President received with perfect kindness, and I mention this with the

more readiness because I remember to have seen in the papers a very

different statement.

Only a short time afterwards there was a change, which seemed

like a somersault or an apostasy; and then ensued a strange sight.

Instead of faithful Unionists, recent Rebels thronged the Presidential

antechambers, rejoicing in new-found favor. They made speeches at

the President, and he made speeches at them. A mutual sympathy was

manifest. On one occasion the President announced himself a “Southern

man” with “Southern sympathies,” thus quickening that sectional flame

which good men hoped to see quenched forever. Alas! if, after all our

terrible sacrifices, we are still to have a President who does not know

how to spurn every sectional appeal and make himself representative

of all! Unhappily, whatever the President said or did was sectional.

He showed himself constantly a sectionalist. Instead of telling the

ex-Rebels who thronged the Presidential antechambers, as he should

have done, that he was their friend, that he wished them well from

the bottom of his heart, that he longed to see their fields yield an

increase, with peace in all their borders, and that, to this end, he

counselled them to pursue agriculture, commerce, and manufactures,

and for the present to say nothing about politics,--instead of this,

he sent them away talking and thinking of nothing but politics, and

frantic for the reëstablishment of a sectional power. Instead of

designating officers of the army as military governors, which I had

supposed he would do, he appointed ex-Rebels, who could not take

the oath required by Congress of all officers of the United States,

and they in turn appointed ex-Rebels to office under them; so that

participation in the Rebellion found reward, and treason, instead of

being made odious, became the passport to power. Everywhere ex-Rebels

came out of hiding-places. They walked the streets defiantly, and

asserted their old domination. Under auspices of the President, a new

campaign was planned against the Republic, and they who failed in open

war now sought to enter the very citadel of political power. Victory,

purchased by so much loyal blood and treasure, was little better than

a cipher. Slavery itself revived in the spirit of Caste. Faithful men

who had been trampled down by the Rebellion were trampled down still

more by these Presidential governments. For the Unionist there was

no liberty of the press or liberty of speech, and the lawlessness of

Slavery began to rage anew.

Every day brought tidings that the Rebellion was reappearing in its

essential essence. Amidst all professions of submission, there was

immitigable hate to the National Government, and prevailing injustice

to the freedman. This was last autumn. I was then in Boston. Moved by

desire to arrest this fatal tendency, I appealed by letter to members

of the Cabinet, entreating them to stand firm against a “policy” which

promised nothing but disaster. As soon as the elections were over, I

appealed directly to the President himself, by a telegraphic despatch,

as follows:--

“BOSTON, November 12, 1865.

“TO THE PRESIDENT OF THE UNITED STATES, WASHINGTON.

“As a faithful friend and supporter of your administration,

I most respectfully petition you to suspend for the present

your policy towards the Rebel States. I should not present

this prayer, if I were not painfully convinced that thus

far it has failed to obtain any reasonable guaranties for

that security in the future which is essential to peace and

reconciliation. To my mind, it abandons the freedmen to the

control of their ancient masters, and leaves the national debt

exposed to repudiation by returning Rebels. The Declaration of

Independence asserts the equality of all men, and that rightful

government can be founded only on the consent of the governed.

I see small chance of peace, unless these great principles are

practically established. Without this, the house will continue

divided against itself.

“CHARLES SUMNER,

“_Senator of the United States_.”

Reaching Washington Saturday evening, immediately before the

opening of the last session of Congress, I lost no time in seeing

the President. I was with him that evening three hours. I found him

changed in temper and purpose. How unlike that President who, only a

few days after arrival at power, made me feel so happy in the assurance

of agreement on the great question! No longer sympathetic, or even

kindly, he was harsh, petulant, and unreasonable. Plainly, his heart

was with ex-Rebels. For the Unionist, white or black, who had borne

the burden of the day, he had little feeling. He would not see the bad

spirit of the Rebel States, and insisted that the outrages there were

insufficient to justify exclusion from Congress. The following dialogue

ensued.

THE PRESIDENT. Are there no murders in Massachusetts?

MR. SUMNER. Unhappily, yes,--sometimes.

THE PRESIDENT. Are there no assaults in Boston? Do not men

there sometimes knock each other down, so that the police is

obliged to interfere?

MR. SUMNER. Unhappily, yes.

THE PRESIDENT. Would you consent that Massachusetts, on this

account, should be excluded from Congress?

MR. SUMNER. No, Mr. President, I would not.

And here I stopped, without remarking on the entire irrelevancy of the

inquiry. I left the President that night with the painful conviction

that his whole soul was set as flint against the good cause, and that

by the assassination of Abraham Lincoln the Rebellion had vaulted into

the Presidential chair. Jefferson Davis was then in the casemates at

Fortress Monroe, but Andrew Johnson was doing his work.

“Ah! what avails it, …

If the gulled conqueror receives the chain,

And flattery subdues, when arms are vain?”

From this time forward I was not in doubt as to his “policy,” which

asserted a condition of things in the Rebel region inconsistent

with the terrible truth. It was, therefore, natural that I should

characterize one of his messages, covering over the enormities there,

as “whitewashing.” This mild term was thought by some too strong.

Subsequent events have shown that it was too weak. The whole Rebel

region is little better than a “whited sepulchre.” It is that saddest

of all sepulchres, the sepulchre of Human Rights. The dead men’s

bones are the remains of faithful Union soldiers, dead on innumerable

fields, or stifled in the pens of Andersonville and Belle Isle,--also

of constant Unionists, white and black, whom we are sacredly bound

to protect, now murdered on highways and by-ways, or slaughtered at

Memphis and New Orleans. The uncleanness is injustice, wrong, and

outrage, having a loathsome stench; and the President is engaged in

“whiting” over these things, so that they shall not be seen by the

American people. To do this, he garbles a despatch of Sheridan, and

abuses the hospitality of the country by a travelling speech, where

every word, not foolish, vulgar, and vindictive, is a vain attempt at

“whitewashing.”

* * * * *

Meanwhile the Presidential madness is more than ever manifest. It has

shown itself in frantic effort to defeat the Constitutional Amendment

proposed by Congress for adoption by the people. By this Amendment

certain safeguards are established. Citizenship is defined, and

protection is assured at least in what are called civil rights. The

basis of representation is fixed on the number of voters, so that,

if colored citizens are not allowed to vote, they will not by their

numbers contribute to representative power, and one voter in South

Carolina will not be able to neutralize two voters in Massachusetts or

Illinois. Ex-Rebels who had taken an oath to support the Constitution

are excluded from office, National or State. The National debt is

guarantied, while the Rebel debt and all claim for slaves are annulled.

All these essential safeguards are rudely rejected by the President.

The madness that would set aside provisions so essentially just,

whose only error is inadequacy, has broken forth naturally in brutal

utterance, where he has charged persons by name with seeking his life,

and has stimulated a mob against them. It is difficult to surpass the

criminality of this act. The violence of the President has provoked

violence. His words were dragon’s teeth, which have sprung up armed

men. Witness Memphis; witness New Orleans. Who can doubt that the

President is author of these tragedies? Charles the Ninth of France

was not more completely author of the Massacre of St. Bartholomew

than Andrew Johnson is author of the recent massacres now crying out

for judgment. History records that the guilty king was pursued in the

silence of night by the imploring voices of murdered men, mingled with

curses and imprecations, while ghosts stalked through his chamber,

until he sweated blood from every pore; and when he came to die, his

soul, wrung with the tortures of remorse, stammered out, “Ah, nurse,

my good nurse! what blood! what murders! Oh, what bad counsels I

followed! Lord God, pardon me! have mercy on me!” Like causes produce

like effects. The blood at Memphis and New Orleans must cry out until

heard, and a guilty President may suffer the retribution which followed

a guilty king.

The evil he has done already is on such a scale that it is impossible

to measure it, unless as you measure an arc of the globe. I doubt

if in all history there is any ruler who in the same brief space of

time has done so much. There have been kings and emperors, proconsuls

and satraps, who have exercised tyrannical power; but facilities of

communication now lend swiftness and extension to all evil influences,

so that the President is able to do in a year what in other days would

have taken a life. Nor is the evil confined to any narrow spot. It is

coextensive with the Republic. Next to Jefferson Davis stands Andrew

Johnson as its worst enemy. The whole country has suffered; but the

Rebel region has suffered most. He should have sent peace; instead, he

sent a sword. Behold the consequences!

In support of a cruel “policy” he has not hesitated to use his

enormous patronage. President Lincoln said, familiarly, that, as

the people had continued him in office, he supposed they meant that

others should be continued also; and he refused to make removals. But

President Johnson announces “rotation in office”; and then, warming in

anger against all failing to sustain his “policy,” he roars that he

will “kick them out.” Men appointed by the martyred Lincoln are to be

“kicked out” by the successor, while he pretends to sustain the policy

of the martyr. The language of the President is most suggestive. He

“kicks” the friends of his well-loved predecessor; and he also “kicks”

the careful counsel of that well-loved predecessor, that we must “build

up from the sound materials.”

That I may give practical direction to these remarks, let me tell

you plainly what must be done. In the first place, Congress must be

sustained in its conflict with the One Man Power; and, in the second

place, ex-Rebels must not be hurried back to power. Bearing in mind

these two things, the way is easy. Of course, the Constitutional

Amendment must be adopted. As far as it goes, it is well; but it does

not go far enough. More is necessary. Impartial suffrage must be

established. A homestead must be secured to every freedman, if in no

other way, through the pardoning power. If to these is added education,

there will be a new order of things, with liberty of the press, liberty

of speech, and liberty of travel, so that Wendell Phillips may speak

freely in Charleston or Mobile. There is an old English play under

the name of “The Four P’s.” Our present desires may be symbolized by

four E’s,--standing for Emancipation, Enfranchisement, Equality, and

Education. Securing these, all else will follow.

I can never cease to regret that Congress hesitated by proper

legislation to assume temporary jurisdiction over the whole Rebel

region. To my mind the power was ample and unquestionable, whether

in the exercise of belligerent rights or in the exercise of rights

directly from the Constitution itself. In this way everything needful

might have been accomplished. Through this just jurisdiction the Rebel

communities might have been fashioned anew, and shaped to loyalty

and virtue. The President lost a great opportunity at the beginning.

Congress has lost another. But it is not too late. If indisposed to

assume this jurisdiction by an Enabling Act constituting provisional

governments, there are many things Congress may do, acting indirectly

or directly. Acting indirectly, it may insist that Emancipation,

Enfranchisement, Equality, and Education shall be established as

conditions precedent to the recognition of any State whose institutions

have been overthrown by rebellion.[66] Acting directly, it may, by

Constitutional Amendment, or by simple legislation, fix all these

forever.

* * * * *

You are aware that from the beginning I have insisted upon Impartial

Suffrage as the only certain guaranty of security and reconciliation.

I renew this persistence, and mean to hold on to the end. Every

argument, every principle, every sentiment is in its favor. But there

is one reason which at this moment I place above all others: it is _the

necessity of the case_. You require the votes of colored persons in

the Rebel States to sustain the Union itself. Without their votes you

cannot build securely for the future. Their ballots will be needed in

time to come much more than their muskets were needed in time past. For

the sake of the white Unionists, and for their protection,--for the

sake of the Republic itself, whose peace is imperilled, I appeal for

justice to the colored race. Give the ballot to the colored citizen,

and he will be not only assured in his own rights, but the timely

defender of yours. By a singular Providence your security is linked

inseparably with the recognition of his rights. Deny him, if you will:

it is at your peril.

But it is said, Leave this question to the States; and State rights

are pleaded against the power of Congress. This has been the cry: at

the beginning, to prevent effort against the Rebellion; and now, at the

end, to prevent effort against a revival of the Rebellion. Whichsoever

way we turn, we encounter the cry. But yielding now, you will commit

the very error of President Buchanan, when at the beginning he declared

that we could not “coerce” a State. Nobody now doubts that a State in

rebellion may be “coerced”; and to my mind it is equally clear that a

State just emerging from rebellion may be “coerced” to the condition

required by the public peace.

There are powers of Congress, not derived from the Rebellion, which are

adequate to this exigency; and now is the time to exercise them, and

thus complete the work. It was the Nation that decreed Emancipation,

and the Nation must see to it, by every obligation of honor and

justice, that Emancipation is secured. It is not enough that Slavery is

abolished in name. The Baltimore platform, on which President Johnson

was elected, requires the “utter and complete _extirpation_ of Slavery

from the soil of the Republic”; but this can be accomplished only by

the eradication of every inequality and caste, so that all shall be

equal before the law.

Be taught by Russia. The Emperor there did not content himself

with naked Emancipation. He followed this glorious act with minute

provisions for rights of all kinds,--as, to hold property, to sue

and testify in court, _to vote_, and _to enjoy the advantages of

education_. All this by the same power which decreed Emancipation.

Be taught also by England, speaking by her most illustrious statesmen,

who solemnly warn against trusting to any local authorities for justice

to the colored race. I begin with Burke, who saw all questions with the

intuitions of the statesman, and expressed himself with the eloquence

of the orator. Here are his words, uttered in 1792:--

“I have seen what has been done by the West Indian Assemblies

[in reference to the improvement of the condition of the

negro]. It is arrant trifling. They have done little; and

what they have done is good for nothing,--_for it is totally

destitute of an executory principle_.”[67]

Should we leave this question to the States, we, too, should find all

they did “arrant trifling,” and wanting “an executory principle.”

Edmund Burke was followed shortly afterwards by Canning, who, in 1799,

exclaimed:--

“There is something in the nature of the relation between the

despot and his slave which must vitiate and render nugatory and

null whatever laws the former might make for the benefit of the

latter,--which, however speciously these laws might be framed,

however well adapted they might appear to the evils which they

were intended to alleviate, must infallibly be marred and

defeated in the execution.”[68]

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