“_Resolved_, That the Secretary of War be requested to
communicate to the Senate copies of any commissions
or orders from his Department undertaking to appoint
Provisional Governors in Tennessee and North Carolina, with
the instructions given to the Governors.”
By unanimous consent, the Senate proceeded to consider the
resolution, when Mr. Sumner said:--
MR. PRESIDENT,--I shall not stop to consider any question touching the
power to appoint Governors of States. My object is different. It is to
expose a case of peculiar interest and importance, with regard to which
I have a statement worthy of confidence. From this it appears that one
of the first acts of Mr. Stanly, on arrival at Newbern, North Carolina,
and assuming his responsible duties as Provisional Governor, was to
announce that the school there for the education of colored children,
recently opened by Northern charity, must be closed, being forbidden by
the laws of North Carolina, which he was instructed by the authorities
at Washington to maintain. I have here an official report of this
extraordinary transaction.
“In a conversation between Governor Stanly and Mr. Colyer,
the Governor stated that there was one thing in Mr. C.’s
doings, as superintendent of the poor, a question would be
raised about,--indeed, it had been already,--and that was
his (C.’s) keeping school for the blacks. ‘Of course you are
aware,’ said the Governor, ‘that the laws of the State make the
opening of such schools a criminal offence. My instructions
from Washington were, that I was to carry out the laws of
North Carolina precisely as they were administered before the
breaking out of this unhappy affair; so, if I were called upon
for a decision in the matter of your schools for the blacks, I
would have to decide against you; but at the same time I don’t
want anything done abruptly. As a man, I might do, perhaps, as
you have done; but as a Governor, I must act in my official
capacity according to my instructions, and administer the laws
as I find them.’
“A true copy.
“C. H. MENDELL,
_Clerk to Mr. Colyer_.
“NEWBERN, May 28, 1862.”
Then follows a further statement.
“Mr. C. C. Leigh, who was with General Saxton in the Oriental,
on his way to South Carolina, as confidential agent of the
National Freedmen’s Relief Association, and who has just
returned, asked Mr. Colyer what he should do. Mr. C. replied:
‘I must close the schools, as I cannot consent to continue to
place myself in a situation where I am liable to be punished
according to the laws of North Carolina.’
“Mr. Leigh is the Chairman of our Home Committee.”
If any person, in the name of the United States, has undertaken to
close a school for little children, whether white or black, it is
important that we should know the authority under which he assumes to
act. Surely nobody here will be willing to take the responsibility for
such an act. It is difficult to conceive that one of the first fruits
of national victory and the reëstablishment of national power should
be an enormity not easy to characterize in any terms of moderation.
Jefferson tells us that in a certain contest there is no attribute of
the Almighty “which can take side with us.”[71] And permit me to say,
that, if, in the war unhappily existing, the military power of the
United States is employed in closing schools, there is no attribute
of the Almighty which must not be against us; nor can we expect any
true success. Sir, in the name of the Constitution, of humanity, and
of common sense, I protest against such impiety under sanction of the
United States.
The proper rule of conduct is simple. It is found in the instructions,
to which I referred the other day, from the British Commissioner in
a conquered province of India. After indicating certain crimes to be
treated with summary punishment, he proceeds to say: “All other crimes
you will investigate according to the forms of justice usual in the
country, modified as you may think expedient; and in all cases you will
endeavor to enforce the existing laws and customs, _unless where they
are clearly repugnant to reason and natural equity_.”[72] Here is the
proper limitation. Anything else is unworthy of a civilized country.
Whatever is clearly repugnant to reason and equity must be rejected.
Surely such a thing cannot be enforced. But what can be more clearly
repugnant to reason and equity than the barbarous law which an officer,
in the name of the National Government, has threatened to enforce?
The resolution was agreed to.
* * * * *
June 4th, a report from the Secretary of War, in answer to
this resolution, contained a letter of appointment, dated May
19, 1862, conferring “all and singular the powers, duties,
and functions pertaining to the office of Military Governor,
including the power to establish all necessary offices and
tribunals, and suspend the writ of _Habeas Corpus_.” This was
followed, May 20th, by instructions, wherein it is said: “Upon
your wisdom and energetic action much will depend.… It is not
deemed necessary to give any specific instruction, but rather
to confide in your sound discretion to adopt such measures as
circumstances may demand. Specific instructions will be given,
when requested. You may rely upon the perfect confidence and
full support of the Department in the performance of your
duties.”[73]