REMARKS IN THE SENATE, ON A BILL TO ESTABLISH PROVISIONAL GOVERNMENTS
IN CERTAIN CASES, JULY 7, 1862.
This was reported from the Judiciary Committee, by Mr. Harris,
of New York, with certain amendments, one of which recognized
“the laws and _institutions_” in a State before the Rebellion.
On the latter amendment Mr. Sumner remarked:--
MR. PRESIDENT,--I cannot consent to the amendment. Plainly it is
going too far. A government organized by Congress and appointed by
the President is to enforce laws and institutions, some of which are
abhorrent to civilization. Take, for instance, the Revised Code of
North Carolina, which I have before me. Here is a provision which
the Governor, under this Act, must enforce. I say must enforce. The
amendment is, that there shall be “no interference with the laws
and institutions existing in such State at the time its authorities
assumed to array the same against the Government of the United States.”
Therefore they must be enforced. And now, if you please, listen to one
of them.
“Any free person, who shall teach, or attempt to teach, any
slave to read or write, the use of figures excepted, or shall
give or sell to such slave any book or pamphlet, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, if
a white man or woman, shall be fined not less than one hundred
nor more than two hundred dollars, or imprisoned, and if a free
person of color, shall be fined, imprisoned, or whipped, not
exceeding thirty-nine nor less than twenty lashes.”
That abomination, Sir, is set forth in the Revised Code of North
Carolina, chap. 34, sec. 82. But lest it should fail by the employment
of slaves as school-teachers, we have the following prohibition.
“It shall not be lawful for any slave to teach, or attempt to
teach, any other slave or free negro to read or write, the use
of figures excepted.”[93]
The punishment of slaves for this offence is whipping, repeated for
every act. But, Sir, here is another specimen.
“If any person shall wilfully bring into the State, with an
intent to circulate, or shall wilfully circulate or publish
within the State, or shall aid or abet the bringing into,
or the circulation or publication of within, the State, any
written or printed pamphlet or paper, whether written or
printed in or out of the State, the evident tendency whereof
is to cause slaves to become discontented with the bondage in
which they are held by their masters and the laws regulating
the same, and free negroes to be dissatisfied with their social
condition and the denial to them of political privileges, and
thereby to excite among the said slaves and free negroes a
disposition to make conspiracies, insurrections, or resistance
against the peace and quiet of the public, such person so
offending shall be deemed guilty of felony, and on conviction
thereof shall, for the first offence, be imprisoned not less
than one year, and be put in the pillory and whipped, at the
discretion of the court, and for the second offence _shall
suffer death_.”[94]
Here is yet another.
“If any free person of color shall preach or exhort in public,
or in any manner officiate as a preacher or teacher in any
prayer meeting, or other association for worship, where slaves
of different families are collected together, he shall be
deemed guilty of a misdemeanor, and, on conviction, shall, for
each offence, receive not exceeding thirty-nine lashes on his
bare back.”[95]
And now one more.
“If any person shall wilfully carry or convey any slave, the
property of another, without the consent of the owner or the
guardian of the owner, with the intent and for the purpose
of enabling such slave to escape out of this State, from the
service of his owner, or any one having an interest in such
slave, present or future, vested or contingent, legal or
equitable, or if any person shall wilfully conceal any slave,
the property of another, with such intent and purpose, the
person so offending shall suffer death.”[96]
I have read enough, Sir. These passages show you the statutes to
be enforced in the name of the National Union, by its constituted
authorities, in courts organized by Congress. And behind all these is
Slavery itself to be enforced also.
Sir, such an exhibition is more than sufficient. You cannot consent to
any such thing. In organizing these governments, all that we can do is
to protect life and property, and generally to provide the machinery
of administration. Further we cannot go, and protect institutions in
themselves an outrage to civilization.