Mr. Sumner replied:--

MR. PRESIDENT,--The question of power, I take it, must be settled

in this Chamber. You have already most solemnly voted to require in

every new constitution suffrage for all, without distinction of race

or color or previous condition. But the greater contains the less. If

you can do that, you can do everything. If you can require that Magna

Charta of human rights, you can require what is smaller. It is already

fixed in your statutes, enrolled in your archives, that Congress has

this great power. I do not say whether it has this power over other

States; that is not the question; but it has the power over the Rebel

States. That power is derived from several sources,--first, from the

necessity of the case, because the State governments there are illegal,

and the whole region has passed, as in the case of Territories, under

the jurisdiction of Congress: no legal government exists there, except

what Congress supplies. There is another source in the military power

now established over that region; then, again, in that great clause

of the National Constitution by which you are required to guaranty to

every State a republican form of government. Here is enough. Out of

these three sources, these three overflowing fountains, springs ample

authority. You have exercised it by prescribing in their constitutions

Suffrage for all. I ask you to go one step further, and to prescribe

Education for all.

I am met here by personal objections; I am asked why I have not

brought this forward before. Sir, I have brought it forward in season

and out of season. I have on the table before me a speech of mine

in 1865, where, in laying down the great essential guaranties, I

declared them as follows: First, the unity of the Republic; secondly,

Enfranchisement; thirdly, the guaranty of the National debt; fourthly,

the repudiation of the Rebel debt; fifthly, Equal Suffrage; and,

sixthly, Education of the people.[99] Therefore from the beginning I

have asked this guaranty, believing, as I do most clearly, that under

the National Constitution you may demand it. If you may demand it, if

you have the power, then do I insist it is your duty so to do. Duties

are in proportion to powers. These great powers are not merely for

display or idleness, but for employment, to the end that the Republic

may be advanced and fortified.

Then I have been reminded very earnestly by Senators that I have used

strong language in saying that these governments will be open to

the imputation of being born of the bayonet. This is not the first

time I have used that language in this Chamber. From the beginning I

have protested against Reconstruction by military power. Again and

again I have asserted that it is contrary to the genius of republican

institutions, and to a just economy of political forces. I have not

been hearkened to. Others have pressed the intervention of military

power; and now, as I am about to record my vote in favor of the pending

proposition, I cannot but express my sincere and unfeigned regret that

Congress did not see its way to a generous measure of Reconstruction

purely civil in character, having no element of military power. Such

you had before you at the last session in the Louisiana Bill, which I

sought to press day by day; and when, at the last moment, the Military

Bill was passed, I, from my place here, declared that I should deem it

my duty at the earliest possible moment in this session to press the

Louisiana Bill, or some kindred measure not military in character.

I was early tutored in the principles of Jefferson. I cannot

forget his Inaugural Address, where he lays down among the

cardinal principles, or what he calls “the essential principles

of our Government,” and consequently those which ought to shape

its administration, “The supremacy of the civil over the military

authority.” Imbued with this principle, I hoped that Congress would see

the way to establish at once civil governments in all those States,

and not subject them to military power, except so far as needed for

purposes of protection. This is the true object of the army. It is to

protect the country,--not to make constitutions, or to superintend

the making of constitutions. At least, so I have read the history of

republican institutions, and such are the aspirations that I presume to

express for my country.

The vote on Mr. Summer’s proposition stood, Yeas 20, Nays 20,

being a tie, so that the amendment was lost. Any one Senator

changing from the negative would have carried it.

The bill passed the Senate,--Yeas 38, Nays 2. On the amendments

of the Senate there was a difference between the two Houses,

which ended in a committee of conference, whose report was

concurred in without a division.

March 23d, the bill was vetoed by the President. On the same

day it was passed again by the House,--Yeas 114, Nays 25,--and

by the Senate,--Yeas 40, Nays 7,--being more than two thirds;

so that it became a law, notwithstanding the objections of the

President.[100]

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