February 14th, Mr. Sumner said:--

I am in favor of each of these bills. Each is excellent. One is

the beginning of a true Reconstruction; the other is the beginning

of a true Protection. Now in these Rebel States there must be

Reconstruction and there must be Protection. Both must be had, and

neither should be antagonized with the other. The two should go on

side by side,--guardian angels of the Republic. Never was Congress

called to consider measures of more vital importance. I am unwilling to

discriminate between the two. I accept them both with all my heart, and

am here now to sustain them by my constant presence and vote.

But, Sir, what we know as the Louisiana Bill came into this Chamber

first; it was first made familiar to us; it has precedence. On that

account it seems to me it ought to come up first, it ought to lead the

way. I am not going to say that this is better than the other, or that

the other is better than this. Each is good; and yet, I doubt not, each

is susceptible of amendment. The Senator from Maine [Mr. FESSENDEN] has

already foreshadowed an important amendment on the bill reported by the

Committee of which he is Chairman; I have already sent to the Chair an

amendment which at the proper time I may move on the other bill. But I

desire to make one remark with regard to amendments. I am so much in

earnest for the passage of these bills, that I shall cheerfully forego

any amendment of my own, if I find it to be the general sentiment of

those truly in earnest for the bills that we ought not to attempt

amendments. If, however, amendments seem to be preferable, then I shall

propose those I have sent to the Chair.

February 15th, the Senate began the consideration of the

Military Bill, continuing in session until three o’clock in

the morning of the next day. Speeches and motions showed

great differences on the subject. Some were content with a

purely military bill, contemplating simply the protection of

the people in the Rebel States. Others wished to add measures

of Reconstruction; and here again there were differences.

Some were content with the requirement of suffrage without

distinction of color in the new constitutions, making no

provision for the exclusion of Rebels, leaving the organization

in the hands of the existing electors, and providing, that, on

the adoption of the Constitutional Amendment, and of a State

constitution securing equal suffrage, any such State should be

entitled to representation in Congress.

In the hope of putting an end to these differences, a caucus

of Republican Senators was held the next forenoon, when a

committee was appointed, as follows: Mr. Sherman, of Ohio,

Mr. Fessenden, of Maine, Mr. Howard, of Michigan, Mr. Harris,

of New York, Mr. Frelinghuysen, of New Jersey, Mr. Trumbull,

of Illinois, and Mr. Sumner, to consider the pending bill and

amendments and report to the caucus. The committee withdrew

from the Senate, leaving a Senator making a long and elaborate

speech, and proceeded with their work. The House bill was

taken as the basis, and amended in several particulars, to

which Mr. Sumner afterwards alluded in the Senate. An effort

by Mr. Sumner to require equal suffrage found no favor; nor

did what was known as the Louisiana Bill, which he proposed

as a substitute; nor an effort to exclude Rebels. He felt

it his duty to say to the committee, that, on the making of

the report, he should appeal to the caucus, which he did.

The caucus, by 15 Yeas to 13 Nays,--Senators standing to be

counted,--voted to require equal suffrage in the choice of the

constitutional conventions; also in the new constitutions,

and in their ratification. But the bill was left without any

exclusion of Rebels, and with the declaration, that, doing

these things and ratifying the Amendment to the National

Constitution, a State should be entitled to representation in

Congress. In these latter respects it seemed to Mr. Sumner

highly objectionable.

The vote of the caucus to require suffrage without distinction

of color seemed a definitive settlement of that question for

the Rebel States. At that small meeting, and by those informal

proceedings, this great act was accomplished. For Mr. Sumner it

was an occasion of especial satisfaction, as his long-continued

effort was crowned with success. These volumes show how,

by letter, speech, resolution, and bill, he had constantly

maintained this duty of Congress. His bill, introduced on the

first day of the preceding session, “to enforce the guaranty

of a republican form of government in certain States whose

governments have been usurped or overthrown,” contained the

specific requirement now adopted, while the debates on the

Louisiana Bill,[84] the Colorado Bill,[85] the Nebraska

Bill,[86] and the Constitutional Amendment,[87] attested his

endeavor to apply this requirement.

During the evening session, Mr. Sherman, chairman of the

caucus committee, moved the bill accepted by the caucus, as a

substitute for the House bill. It was understood that it would

receive the support of the Republican Senators without further

amendment, and, as they constituted a large majority, its

passage was sure. Under these circumstances, Mr. Sumner left

the Chamber at midnight. The vote was taken a little after six

o’clock, Sunday morning,--Yeas 29, Nays 10.

In the other House, the substitute of the Senate was the

occasion of decided differences, not unlike those in the Senate

on the House bill. Many felt that the Unionists were left

without adequate protection. Mr. Stevens, of Pennsylvania,

after saying that the Senate had sent “an amendment which

contains everything else but protection,” exclaimed: “Pass this

bill and you open the flood-gates of misery,--you disgrace,

in my judgment, the Congress of the United States.” Mr.

Boutwell, of Massachusetts, said: “My objection to the proposed

substitute of the Senate is fundamental, it is conclusive. It

provides, if not in terms, at least in fact, by the measures

which it proposes, to reconstruct those State governments

at once through the agency of disloyal men.” Mr. Williams,

of Pennsylvania, said: “We sent to the Senate a proposition

to meet the necessities of the hour, which was Protection

without Reconstruction, and it sends back another, which is

Reconstruction without Protection.” At length, on motion of Mr.

Stevens, the House refused to concur in the amendment of the

Senate, and asked a committee of conference on the disagreeing

votes of the two Houses.

* * * * *

February 19th, the excitement of the House was again

transferred to the Senate, where Mr. Williams, of Oregon,

moved that the Senate insist upon its amendment, and agree to

the conference. An earnest debate ensued, in which Mr. Sumner

favored the conference committee, and also explained what he

wished to accomplish by the bill. Mr. Williams withdrew his

motion, when Mr. Sherman moved that the Senate insist on its

amendment to the House bill and that the House be informed

thereof. Mr. Trumbull sustained the motion. Mr. Sumner followed.

MR. PRESIDENT,--In what the Senator from Illinois [Mr. TRUMBULL] has

said of the failure by the President to discharge his duties under

existing laws I entirely agree. He touches the case to the quick. It is

impossible not to see that the special difficulty of the present moment

springs from the bad man who sits in the executive chair. He is the

centre of our woes. More than once before I have recalled the saying

of Catholic Europe, “All roads lead to Rome.” So now, among us, do all

roads lead to the President. We attempt nothing which does not bring us

face to face with him, precisely as during the Rebellion we attempted

nothing which did not bring us face to face with Jefferson Davis. I

mention this, not to deter, but for encouragement. We have already

conquered the chief of the Rebellion. I doubt not that we shall conquer

his successor also. But this can be only by strenuous exertion. It is

no argument against legislation that the President will not execute it.

We must do our duty, and insist always that he shall do his.

Therefore I am in favor of some measure of Reconstruction, the best

we can secure, the more thorough the better. And I ask you to take

such steps as will best accomplish this result. There is a difference

between the two Houses, and at this stage the customary proceeding is

a conference committee. But the Senator from Illinois is against any

such committee in a case of such magnitude. To my mind his argument

should be directed against the rule of Parliamentary Law which

provides a conference committee at this precise stage of parliamentary

proceedings. Let him move to change the Parliamentary Law, so that

in cases of peculiar importance the common rule shall cease to

be applicable. Let this be his thesis. But, so long as the _Lex

Parliamentaria_ exists, I submit that it is hardly reasonable to resist

its application, especially when the House has asked a conference

committee on a bill of theirs which you have amended.

…

I differ from the Senator [Mr. SHERMAN, of Ohio] radically, when he

intimates that the bill needs only “slight” amendments. With this

opinion I can understand that he should urge a course which I fear may

cut off amendments to me essential.

Mr. President, I would speak frankly of this measure, which has in

it so much of good and so much of evil. Rarely have good and evil

been mixed on such a scale. Look at the good, and you are full of

grateful admiration. Look at the evil, and you are impatient at such

an abandonment of duty. Much is gained, but much is abandoned. You

have done much, but you have not done enough. You have left undone

things which ought to be done. The Senator from Maine [Mr. FESSENDEN]

was right in asking more. I agree with him. I ask more. All the good

of the bill cannot make me forget its evil. It is very defective.

It is horribly defective. Too strong language cannot be used in

characterizing a measure with such fatal defects. But nobody recognizes

more cordially than myself the good it has. Pardon me, if I do my best

to make it better.

This is the original House bill for the military government of

the Rebel States, revised and amended by the Senate in essential

particulars. As it came from the House it was excellent in general

purpose, but imperfect. It was nothing but a military bill, providing

protection for fellow-citizens in the Rebel States. Unquestionably it

was improved in the Senate. It is easy to mention its good points, for

these are conspicuous and seem like so many monuments.

Throughout the bill, in its title, in its preamble, and then again in

its body, the States in question are designated as “Rebel States.” I

like the designation. It is brief and just. It seems to justify on the

face any measure of precaution or security. It teaches the country

how these States are to be regarded for the present. It teaches these

States how they are regarded by Congress. “Rebel States”: I like the

term, and I am glad it is repeated. God grant that the time may come

when this term may be forgotten! but until then we must not hesitate to

call things by their right names.

More important still is the declaration in the preamble, that “no

legal State governments” now exist in the enumerated Rebel States. This

is a declaration of incalculable value. For a long time, too long, we

have hesitated; but at last this point is reached, destined to be “the

initial point” of a just Reconstruction. For a long time, again and

again, I have insisted that those governments are _illegal_. Strangely,

you would not say so. The present bill fixes this starting-point of a

true policy. If the existing governments are “illegal,” you have duties

with regard to them which cannot be postponed. You cannot stop with

this declaration. You must see that it is carried out in a practical

manner. In other words, you must brush away these illegal governments,

the spawn of Presidential usurpation, and supply their places. The

illegal must give place to the legal; and Congress must supervise and

control the transition. The bill has a special value in the obligations

it imposes upon Congress. Let it find a place in the statute-book, and

your duties will be fixed beyond recall.

Another point is established which in itself is a prodigious triumph.

As I mention it, I cannot conceal my joy. It is the direct requirement

of universal suffrage, without distinction of race or color. This

is done by Act of Congress, without Constitutional Amendment. It

is a grand and beneficent exercise of existing powers, for a long

time invoked, but now at last grasped. No Rebel State can enjoy

representation in Congress, until it has conferred the suffrage upon

all its citizens, and fixed this right in its constitution. This is the

Magna Charta you are about to enact. Since Runnymede, there has been

nothing of greater value to Human Rights.

To this enumeration add that the bill is in its general purposes a

measure of protection for loyal fellow-citizens trodden down by Rebels.

To this end, the military power is set in motion, and the whole Rebel

region is divided into districts where the strong arm of the soldier is

to supply the protection asked in vain from illegal governments.

Look now at the other side, and you will see the defects. By

an amendment of the Senate, the House bill, which was merely a

military bill for protection, has been converted into a measure of

Reconstruction. But it is Reconstruction without machinery or motive

power. There is no provision for the initiation of new governments.

There is no helping hand extended to the loyal people seeking to lay

anew the foundations of civil order. They are left to grope in the

dark. This is not right. It is a failure on the part of Congress, which

ought to preside over Reconstruction and lend its helping hand, by

securing Education and Equal Rights to begin at once, and by appointing

the way and the season in which good citizens should proceed in

creating the new governments.

I cannot forget, also, that there is no provision by which the freedmen

can be secured a freehold for themselves and their families, which has

always seemed to me most important in Reconstruction.

But all this, though of the gravest character, is dwarfed by that other

objection which springs from the present toleration of Rebels in the

copartnership of government. Here is a strange oblivion, showing a

strange insensibility.

The Senator from Illinois [Mr. TRUMBULL] argued that the bill would

put the new governments into loyal hands. Has he read it? My precise

objection is, that it does not put the government into loyal hands.

Look at it carefully, and you will see this staring you in the face

at all points. While requiring suffrage for all, without distinction

of race or color, it leaves the machinery and motive power in the

hands of the existing governments, which are conducted by Rebels.

Therefore, under this bill, Rebels will initiate and conduct the work

of Reconstruction, while loyal citizens stand aside. The President

once said, “For the Rebels back seats.” This bill says, “For the loyal

citizens back seats.” Nobody is disfranchised. There is no traitor,

red with loyal blood, who may not play his part and help found the

new government. The bill excepts from voting only “such as _may be_

disfranchised for participation in the Rebellion.” It does not require

that any body shall be disfranchised, but leaves this whole question to

the existing government, who will, of course, leave the door wide open.

Looking at this feature, I cannot condemn it too strongly. It is true

that suffrage is at last accorded to the colored race; but their

masters are left in power to domineer, and even to organize. With

experience, craft, and determined purpose, there is too much reason

to fear that all safeguards will be overthrown, and the Unionist

continue the victim of Rebel power. This must not be. And you must

interfere in advance to prevent it. You must exercise a just authority

in disfranchising dangerous men. On this point there must be no

uncertainty, no “perhaps.” It is not enough to say that Rebels _may be_

disfranchised; you must say _must_. Without this is surrender.

Such a surrender Congress cannot make. Therefore do I rejoice with my

whole heart that the House of Representatives has given to the Senate

the opportunity of reconsidering its action and taking the proper

steps for amending the bill. The new governments must be on a loyal

basis. Loyal people must be protected against Rebels. Here I take my

stand. I plead for those good people, who have suffered as people never

suffered before. I appeal to you as Senators not to miss this precious

opportunity. Take care that the bill is amended, so that it may be the

fountain of peace, and not the engine of discord and oppression.

Mr. Sherman followed in an earnest speech, in the course of

which the following passage occurred.

MR. SHERMAN. The Senator from Massachusetts now for the

first time in the Senate has stated his opposition to this

bill.

MR. SUMNER. Allow me to correct the Senator. The Senator

was not here, when, at two o’clock in the morning, I

denounced this amendment as I have, to-day, and much more

severely.

MR. SHERMAN. He now states that the ground of his

opposition is, that the bill does not disfranchise the

whole Rebel population of the Southern States.

MR. SUMNER. I beg the Senator’s pardon. I take no such

ground. I say it does not provide proper safeguards against

the Rebel population. I have not opened the question to

what extent the disfranchisement should go.

The motion of Mr. Sherman was agreed to, and the bill, with the

Senate amendment, was returned to the House, which proceeded

promptly to its consideration. The substitute of the Senate

was concurred in, with a further amendment,--(1.) excluding

from the conventions, and also from voting, all persons

excluded from holding office under the recent Constitutional

Amendment; (2.) declaring civil governments in the Rebel States

provisional only and subject to the paramount authority of the

United States; (3.) conferring the elective franchise upon

all, without distinction of color, in elections under such

provisional governments; and (4.) disqualifying all persons

from office under provisional government who are disqualified

by the Constitutional Amendment. The vote of the House

was,--Yeas 128, Nays 46.

* * * * *

February 20th, in the Senate, Mr. Williams moved concurrence

with the House amendments. After brief remarks by Mr. Sherman,

Mr. Sumner said:--

I differ from the Senator [Mr. SHERMAN], when he calls this a small

matter. It is a great matter.

I should not say another word but for the singular speech of the

Senator yesterday. He made something like an assault on me, because I

required the very amendments the House have now made; and yet he is to

support them. I am glad the Senator has seen light; but he must revise

his speech of yesterday. The Senator shakes his head. What did I ask?

What did I criticize? It was, that the bill failed in safeguard against

Rebels. I did not say how many to exclude. I only said some must be

excluded, more or less. None were excluded. That brought down the

cataract of speech we all enjoyed, when the Senator protested with all

the ardor of his nature, and invoked the State of Ohio behind him to

oppose the proposition of the Senator from Massachusetts. And now, if

I understand the Senator from Ohio, he is ready to place himself side

by side with the Senator from Massachusetts in support of the amendment

from the House embodying this very proposition. I am glad the Senator

is so disposed. I rejoice that he sees light. To-morrow I hope to

welcome the Senator to some other height.

MR. COWAN [of Pennsylvania]. Excelsior!

MR. SUMNER. And I hope the word may be applicable to my friend from

Pennsylvania also. [_Laughter._]

But there was another remark of the Senator which struck me with

astonishment. He complained that I demanded these safeguards now,

and said that I had already in the bill all that I had ever demanded

before,--that universal suffrage, without distinction of race or

color, was secured; and, said he, “the Senator from Massachusetts has

never asked anything but that.” Now I can well pardon the Senator for

ignorance with regard to what I have said or asked on former occasions.

I cannot expect him to be familiar with it. And yet, when he openly

arraigns me with the impetuosity of yesterday, I shall be justified in

showing how completely he was mistaken.

Here Mr. Sumner referred to his speech before the Massachusetts

Republican State Convention, September 14, 1865, entitled

“The National Security and the National Faith, Guaranties for

the National Freedman and the National Creditor,” and showed

how completely at that time he had anticipated all present

demands.[88] He then continued:--

And yet, when I simply insisted upon some additional safeguard against

the return of Rebels to power, the Senator told us that I was asking

something new. Thank God, the other House has supplied the very

protection which I desired; it has laid the foundation of a true peace.

That foundation can be only on a loyal basis.

Two Presidents--one always to be named with veneration, another always

most reluctantly--have united in this sentiment. Abraham Lincoln

insisted that the new governments should be founded on loyalty; that,

if there were only five thousand loyal persons in a State, they were

entitled to hold the power. His successor adopted the same principle,

when, in different language, he compendiously said, “For the Rebels

back seats.” What is now required could not be expressed better. “For

the Rebels back seats,” until this great work of Reconstruction is

achieved.

Mr. Sherman, and Mr. Stewart, of Nevada, spoke especially in

reply to Mr. Sumner, congratulating him upon his acceptance of

the result. Mr. Sumner followed.

I am sorry to say another word; and yet, if silent, I might expose

myself to misunderstanding. I accept the amendments from the other

House as the best that can be had now; but I desire it distinctly

understood that I shall not hesitate to insist at all times upon

applying more directly and practically the true principles of

Reconstruction. There is the Louisiana Bill on our table. The time,

I presume, has passed for acting on it at this session; but in the

earliest days of the next session I shall press that subject as

constantly as I can. I believe you owe it to every one of these States

to supply a government in place of that you now solemnly declare

illegal. In such a government you will naturally secure a true loyalty,

and I wish to be understood as not in any way circumscribing myself by

the vote of to-day.

It may be that it will be best to require of every voter the same oath

required of all entering Congress, which we know as the test oath.

At least something more must be done; there must be other safeguards

than those supplied by this very hasty and crude act of legislation. I

accept it as containing much that is good, some things infinitely good,

but as coming short of what a patriotic Congress ought to supply for

the safety of the Republic.

Let it be understood, then, that I am not compromised by this bill,

or by blandishments of Senators over the way [Messrs. SHERMAN and

STEWART]. I listen to them of course with pleasure, and to all their

expressions of friendship I respond with all my heart. I like much to

go with them; but I value more the safety of my country. When Senators,

even as powerful as the Senator from Ohio and the Senator from Nevada,

take a course which seems to me inconsistent with the national

security, they must not expect me to follow.

After further debate, late in the evening of February 20th

the vote was reached, and the House amendments were concurred

in,--Yeas 35, Nays 7. The effect of this was to pass the bill.

* * * * *

March 2d, the bill was vetoed. The House, on the same day, by

138 Yeas to 51 Nays, and the Senate, by 38 Yeas to 10 Nays,

passed the bill by a two-thirds vote, notwithstanding the

objections of the President, so that it became a law.[89]

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