MR. WADE. You would, if you were in prison. [_Laughter._]

The resolution was taken up and debated.

* * * * *

January 24th, Mr. Sumner moved the following resolutions as a

substitute.

“_Resolved_, That retaliation is harsh always, even in the

simplest cases, and is permissible only where, in the first

place, it may be reasonably expected to effect its object,

and where, in the second place, it is consistent with the

usages of civilized society; and in the absence of these

essential conditions, it is a useless barbarism, having

no other end than vengeance, which is forbidden alike to

nations and to men.

“_Resolved_, That the treatment of our officers and

soldiers in Rebel prisons is cruel, savage, and

heart-rending beyond precedent; that it is shocking to

morals; that it is an offence against human nature itself;

that it adds new guilt to the crime of the Rebellion, and

constitutes an example from which history will turn with

sorrow and disgust.

“_Resolved_, That any attempted imitation of Rebel

barbarism in the treatment of prisoners is plainly

impracticable, on account of its inconsistency with the

prevailing sentiments of humanity among us; that it would

be injurious at home, for it would barbarize the whole

community; that it would be utterly useless, for it could

not affect the cruel authors of the revolting conduct we

seek to overcome; that it would be immoral, inasmuch as

it proceeded from vengeance alone; that it could have no

other result than to degrade the national character and

the national name, and to bring down upon our country the

reprobation of history; and that, being thus impracticable,

useless, immoral, and degrading, it must be rejected as

a measure of retaliation, precisely as the barbarism

of roasting or eating prisoners is always rejected by

civilized powers.

“_Resolved_, That the United States, filled with grief and

sympathy for cherished fellow-citizens who, as officers

and soldiers, have become the victims of Heaven-defying

outrage, hereby declare their solemn determination to

end this great iniquity by ending the Rebellion of which

it is the natural fruit; that, to secure this humane

and righteous consummation, they pledge anew their best

energies and the resources of the whole people; and they

call upon all to bear witness that in this necessary

warfare with barbarism they renounce all vengeance and

every evil example, and plant themselves firmly on the

sacred landmarks of Christian civilization, under the

protection of that God who is present with every prisoner,

and enables heroic souls to suffer for their country.”

Mr. Sumner addressed the Senate in support of his resolutions.

After analyzing the resolution of the Committee, and exhibiting

its character, he proceeded:--

Now, Sir, I believe that the Senate will not venture, in this age

of Christian light, under any inducement, under any provocation, to

counsel the Executive Government to enter into such open competition

with barbarism. Sir, the thing is impossible; it must not be

entertained. We cannot be cruel, or barbarous, or savage, because the

Rebels we now meet in warfare are cruel, barbarous, and savage. We

cannot imitate the detested example. We find no precedent for such

retaliation in our own history nor in the history of other nations.

We find no precedent, I say, in our own history. This question was

one of the earliest presented to General Washington after taking

command of the American forces at Cambridge. From his headquarters

there, under date of August 11, 1775, he addressed a letter to General

Gage, commander of the British forces in Boston, which, as I believe,

contains the full extent to which a nation can honorably go; and I must

say, that, as I read it, I felt new pride in that commander who thus

early in the discharge of his great duties showed such insight into

their proper limits and responsibilities. Addressing General Gage, he

said:--

“SIR,--I understand that the officers engaged in the cause

of Liberty and their country, who by the fortune of war have

fallen into your hands, have been thrown indiscriminately into

a common jail appropriated for felons; that no consideration

has been had for those of the most respectable rank, when

languishing with wounds and sickness; and that some have been

even amputated in this unworthy situation.”

Then, reminding the British commander of the cause in which he was

engaged, Washington continued:--

“My duty now makes it necessary to apprise you that for the

future I shall regulate all my conduct towards those gentlemen

who are or may be in our possession exactly by the rule you

shall observe towards those of ours now in your custody. If

severity and hardship mark the line of your conduct, painful as

it may be to me, your prisoners will feel its effects; but if

kindness and humanity are shown to ours, I shall with pleasure

consider those in our hands only as unfortunate, and they shall

receive from me that treatment to which the unfortunate are

ever entitled.”[48]

Senators about me say, “That is sound.” I am glad they say so; and

if they can find in this correspondence any sanction of the savage

system now inaugurated in Rebel prisons, let them point it out. The

correspondence has its own limitations in the statement of facts on

which it proceeds, which you will please observe. Prisoners had been

thrown indiscriminately into a common jail for felons, and with

no consideration for those of the most respectable rank, even when

languishing with wounds and sickness; and some of them had limbs

amputated in this unworthy situation. But there is, Sir, no such

painful suggestion as that in our resolution: they had not “been

subjected to treatment unexampled for cruelty in the history of

civilized war, and finding its parallels only in the conduct of savage

tribes,--a treatment resulting in the death of multitudes by the slow,

but designed, process of starvation”: no such thing appears in the

case; and the judgment of Washington was applied strictly to the facts

before him.

This is not all. Search the history of our country, and you find that

the practice is fixed, while the rule has received an accuracy of

statement from which there can be no escape. I have before me the words

of Chancellor Kent, in his valuable Commentaries:--

“Instances of resolutions to retaliate on innocent prisoners of

war occurred in this country during the Revolutionary War, as

well as during the War of 1812; but there was no instance in

which retaliation, beyond the measure of severe confinement,

took place in respect to prisoners of war.”[49]

There you have the authoritative testimony of that great expounder

of our history and of our jurisprudence, the late Chancellor Kent. I

add also the testimony of another American writer, whom I have quoted

more than once in this Chamber, General Halleck, who, in his work on

International Law, thus expresses himself:--

“Retaliation should be limited to such punishments as may be

requisite for our own safety and the good of society; beyond

this it cannot be justified. We have no right to mutilate the

ambassador of a barbarous power because his sovereign has

treated our ambassador in that manner, nor to put prisoners

and hostages to death, and to destroy private property, merely

because our enemy has done this to us; for no individual is

justly chargeable with the guilt of a personal crime for the

acts of the community of which he is a member.”[50]

I said, Sir, the practice proposed was without precedent in the history

of other nations. I believe that I am right. I am confident that no

authentic record can be shown where such savage treatment has been

imitated in retaliation by a Christian power. One of the most learned

writers on the Law of Nations, Vattel, dealing with this very subject,

aptly puts the following question:--

“By what right will you cause the nose and ears of the

ambassador of a barbarian to be cut off who shall have treated

your ambassador in this manner?”[51]

That question strikes at the heart of this whole subject. What right

have you to adopt any barbarous conduct because the barbarous enemy

with whom you deal has set the example? This same eminent publicist, in

another place, says:--

“The Roman Senate held it as a maxim, that war was to be

carried on with arms, and not with poison.… The Senate, and

Tiberius himself, thought it not permissible to employ poison,

even against a perfidious enemy, and as a kind of retortion or

reprisal.”[52]

That statement covers the whole case. Why is it unlawful in

retaliation to adopt poison? Because it is barbarous. And for the same

reason it is unlawful for us to adopt starvation, to adopt all that

cruel system of treatment so emphatically set forth in the preamble

to this resolution. And while, Sir, I concede that by the Laws of War

retaliation is permissible, yet it has its limits; and those limits, as

I venture to say in the resolutions sent to the Chair as a substitute,

are at least twofold: first, the retaliation must be useful, it must

reasonably promise some practical result; and, in the second place,

it must be in harmony with the usages of civilized nations. The

retaliation now proposed is useless, for it can have no practical

result; and it is not in harmony with the usages of civilized nations.

I have said that the Laws of War recognize retaliation, as appears in

the recent most formal and explicit declaration to be found in the very

elaborate “Instructions for the Government of Armies of the United

States in the Field,”[53] prepared since this war began, under the

direction of a learned commission, and by the pen of one of the ablest

and most accomplished publicists of our age. I refer to Dr. Lieber, for

many years professor in South Carolina College, and now professor in

Columbia College, New York. In these Instructions the general law of

retaliation is affirmed.

“The Law of War can no more wholly dispense with retaliation

than can the Law of Nations, of which it is a branch. Yet

civilized nations acknowledge retaliation as the sternest

feature of war. A reckless enemy often leaves to his opponent

no other means of securing himself against the repetition of

barbarous outrage.”[54]

Such is the general principle, officially declared. And now, Sir, I

shall read the commentary of this same learned publicist on these very

Instructions in a private letter which I have received from him this

morning. Bear in mind, Sir, that the writer is a student of the Laws

of War, that he vindicates their exercise, and that in proper cases

he asserts the right of retaliation; and now allow me to present his

criticism on the retaliation proposed.

“I am unqualifiedly against the retaliation resolutions

concerning prisoners of war. The provision that the Southerners

in our hands shall be watched over by national soldiers who

have been in Southern pens is unworthy of any great people

or high-minded statesman. I am not opposed to retaliation

because it strikes those who are not or may not be guilty of

the outrage we wish to put an end to. That is the terrible

character of almost all retaliation in war. I abhor this

revenge on prisoners of war, because we would sink thereby to

the level of the enemy’s shame and dishonor. All retaliation

has some limit. If we fight with Indians who slowly roast

their prisoners, we cannot roast in turn the Indians whom we

may capture. And what is more, I defy Congress or Government

to make the Northern people treat captured Southerners as our

sons are treated by them. God be thanked, you could not do it;

and if you could, how it would brutalize our own people! I feel

the cruelty as keenly as any one; I grieve most bitterly that

people whom we and all the world have taken to possess the

common attributes of humanity, and who, after all, are our kin,

have sunk so loathsomely low; I feel the hardship of seeing no

immediate and direct remedy, except conquering and trampling

out the vile Rebellion; but I maintain that the proposed (yet

unfeasible) retaliation is not the remedy. Indeed, calmly to

maintain our ground would do us in the end far more good.

Revenge is passion, and ought never to enter the sphere of

public action. Passion always detracts from power.

“I believe that the ineffable cruelty practised against our men

has been equalled in the history of our race by the Spanish

treatment of the Indians, and by the Inquisition; but counter

cruelty would not mend matters. Those who can allow such crimes

would not be moved by cruelties inflicted upon their soldiers

in our hands. These cruelties, therefore, would be simply

revenge, not retaliation; for retaliation, as an element of

the Law of War, and of Nations in general, implies the idea of

thereby stopping a certain evil. But no mortal shall indulge in

revenge.

“I am, indeed, against all dainty treatment of the prisoners

in our hands; but, for the love of our country and the great

destiny of our people, do not sink, even in single cases, to

the level of our unhappy, shameless enemy.”

I have read this letter, and I quote it as authority, because it is

by the very pen which embodied retaliation in the Instructions to the

Armies of the United States.

There is another authority which I quote. It is Phillimore, the

accomplished publicist, whose elaborate work on the Law of Nations has

a learning second only to that of Grotius in treating the same subject.

Recording excesses of war by the French, this Englishman says:--

“At the beginning of the wars of the first French Revolution,

the French general announced his intention of giving no quarter

to English prisoners. The English did not retaliate, and the

Laws of War upon this subject were soon restored.”[55]

In other words, the Laws of War are essentially humane, and not to be

changed by any spasm of barbarism in an enemy.

A debate of several days ensued, in which Mr. Wade and Mr.

Howard argued earnestly for the resolution of the Committee,

and they were sustained by Mr. Gratz Brown, of Missouri, Mr.

Howe, of Wisconsin, Mr. Harlan, of Iowa, Mr. Clark, of New

Hampshire, Mr. Wilkinson, of Minnesota, Mr. Chandler, of

Michigan, and Mr. Lane, of Indiana. On the other side were

Mr. Cowan, of Pennsylvania, Mr. Hendricks, of Indiana, Mr.

Henderson, of Missouri, Mr. Foster, of Connecticut, Mr. Davis,

of Kentucky, Mr. Reverdy Johnson, of Maryland, Mr. Richardson,

of Illinois, Mr. McDougall, of California, and Mr. Doolittle,

of Wisconsin. Mr. Chandler especially condemned the position of

Mr. Sumner. Here he said:--

“Sir, the Senator from Massachusetts [Mr. SUMNER] has

brought in a sublimated specimen of humanitarianism that

does not apply to these accursed Rebels at this time. They

do not appreciate that kind of humanitarianism. I expected

those men who desire that the Rebellion should succeed to

oppose retaliation, and to oppose it to the bitter end; but

I did not expect the Senator from Massachusetts to come

in here and say that it was inexpedient to protect our

suffering prisoners.”

MR. SUMNER. “I have not said so.”

Mr. Wilson, of Massachusetts, moved as a substitute for Mr.

Sumner’s amendment a simple resolution requiring the President

“to appoint two commissioners to confer with the Confederate

authorities, with a view of devising some practicable plan for

the relief and better treatment of our prisoners of war.” Mr.

Clark, of New Hampshire, offered still another substitute, to

be considered when in order:--

“That Congress earnestly calls the attention of the

President to the condition and treatment of our prisoners

of war in Rebel prisons and camps; and if, for reasons

satisfactory to or controlling the Executive, they cannot

be exchanged, desires that he should employ every means

in his power, embracing retaliation to such a degree as

may be proper and effectual, to prevent the continuance

and recurrence of such barbarities, and to compel the

insurgents to observe the laws of civilized warfare.”

Mr. Wade, who was urging the original resolution, also gave

notice of an amendment, to strike out all after the word

“retaliation,” and insert as follows:--

“That the executive and military authorities of the United

States are hereby directed to retaliate upon the prisoners

of the enemy in such manner _and kind_ as shall be

effective in deterring him from the perpetration in future

of cruel and barbarous treatment of our soldiers.”

Mr. Wade recognized the change so far as to say, “Now, if a

Senator is for retaliation, if he is for the principle of

it, he cannot have it in a milder form than it is there.”

Mr. Morrill proposed to strike out the words “and kind,” and

insert, instead, “in conformity to the Laws of Nations,” which

amendment was accepted by Mr. Wade.

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