FELLOW-CITIZENS,--Called to preside over this Annual Convention, where
are brought together the intelligence, the heart, and the conscience
of Massachusetts, (God bless her!) I begin by asking you to accept my
thanks. Gladly would I leave this post of honor to another; but I obey
your will. In all I have to say I must speak frankly. What has with
me become a habit is at this moment more than ever a duty. Who can
see peril to his country, and not cry out? Who can see that good ship
which carries the Republic and its fortunes driving directly upon a
lee-shore, and not shout to the pilot, “Mind your helm”? Apologies or
roundabout phrases are out of place, whenever danger threatens.
* * * * *
When last I addressed my fellow-citizens, at the close of the late
Presidential canvass, as we were about to vote for Abraham Lincoln
and Andrew Johnson, I undertook to show the absolute identity between
Slavery and the Rebellion, so that one could not end without the other.
Finished that address, I said to friends near me, “This is my last
Antislavery speech.” I so thought at the time; for I anticipated the
speedy downfall of the Rebellion, carrying with it Slavery. I was
mistaken. Neither the Rebellion nor Slavery is yet ended. The Rebellion
has been disarmed; but that is all. Slavery has been abolished in name;
but that is all. As there is still a _quasi_ Rebellion, so is there
still a _quasi_ Slavery. The work of liberation is not yet completed.
Nor can it be, until the Equal Rights of every person once claimed as a
slave are placed under the safeguard of irreversible guaranties. It is
not enough to prostrate the master; you must also lift up the slave. It
is not enough to declare Emancipation; the whole Black Code, which is
the supplement of Slavery, must give place to that Equality before the
Law which is the very essence of Liberty. It is an old principle of the
Common Law, recognized by all our courts, as announced by Lord Coke,
that, “where the law granteth anything to any one, that also is granted
without which the thing itself cannot be.” So, also, where a piece of
land is conveyed which is enclosed by the possessions of the grantor,
_a right of way_ is implied from common justice and the necessity of
the case. And then again, where the reason of a law ceases, the law
itself ceases. So, also, where the principal falls to the ground, the
incident falls also. But all these unquestionable principles are fatal
to the Black Code. The Liberty that has been granted “cannot be,” if
the Black Code exists. The piece of land conveyed is useless without
that right of way which is stopped up by the Black Code. The reason for
the Black Code is Slavery; and with the cessation of the reason, the
whole Black Code itself must cease also. The Black Code is the incident
of Slavery, and as such it must fall with the principal. Unless this
is accomplished, you will keep the word of promise to the ear and
break it to the sense; you will imitate those cruel quibbles, of
which history makes mention, where, by subtle equivocations, faith has
been violated; you will do little better than the Turk, who stipulated
with a certain person that his head should be safe, and straightway
proceeded to cut him in two at the middle,--or than those false Greeks,
who, after promising to restore their captives, kept their promise by
restoring them dead.
Slavery begins by denying the right of a man to himself; and the Black
Code continues this denial by its cruel exclusions. Every freedman
must be secured in this right by admission to the full panoply of
citizenship.
Slavery sets at nought the relation of husband and wife. Every freedman
must be able to claim his wife as his own.
Slavery sets at nought the parental relation. Every freedman must be
able to call his child his own.
Slavery shuts the gates of knowledge. Every freedman must be assured in
all the privileges of education.
Slavery takes from its victim the hard-earned fruits of his toil. Every
freedman must be protected in his industry.
Slavery denies justice to the colored man by cruelly rejecting his
testimony. Every freedman must enter the courts freely, as witness or
as party.
Until all this is done, in every particular, and beyond possibility of
question, it is vain to say that Emancipation has been accomplished.
The good work is only half done. It must be continued to assured
consummation, under the powerful auspices of the Nation. The same
national authority which began it must take care that it is maintained
and completed, in letter and in spirit, everywhere throughout the
Rebel States,--in conventions of the people, in legislative assemblies,
in courts, in the city, in the country, in streets, on highways, on
by-ways, in retired places, on plantations, in houses,--so that no man
shall be despoiled of any of his rights, but all shall be equal before
the law.
* * * * *
There is a glorious instance in our own day, which is an example
for us, when the Emperor of Russia, by proclamation, fulfilling the
aspirations of his predecessors, set free twenty-three millions of
serfs, and then completed his work by _supplementary provisions_
investing the freedmen with civil and political rights, including the
right to testify in court, the right of suffrage, and the right to
hold office. I have in my hand this immortal Proclamation, dated at
St. Petersburg, 19th February, 1861,--promulgated amidst prayers and
thanksgivings in all the churches of the national capital, and at once
expedited to every part of the widely extended empire by the hands of
generals and staff-officers of the Emperor himself. Here it is, in an
official document entitled “Affranchissement des Serfs,” and issued
at St. Petersburg. After reciting that earlier measures in behalf of
the serfs had failed, because they had been left to “the spontaneous
initiative of the proprietors,” the Emperor proceeds to take the work
in hand as a sacred legacy from his ancestors, and declares the serfs,
after an interval of two years, “entirely enfranchised.” Meanwhile,
that nothing might fail, “a special court” for serfs was created in
each province, charged with the organization of local governments, the
adjustment of boundaries, and generally to superintend the transition
from the Old to the New, with “justices of the peace” in each district
to examine on the spot all questions arising from Emancipation. Had the
work stopped here, it would have been incomplete, it would have been
only half done; but no such fatal mistake was made.[241]
Accompanying the Proclamation are supplementary provisions, called
“Regulations,” prepared with care, and divided into chapters and
sections,--occupying no less than ninety-one pages in double columns
and small type,--by which the rights of the freedmen are secured beyond
question. Beginning with the declaration that the freedmen “acquire the
rights belonging to the condition of free farmers,” they then proceed
in formal words to fix and assure these rights, civil and political.
By one section it is provided that “the articles of the Civil Code on
the rights and obligations of the family are extended to the freedmen;
that consequently they acquire the right, without authorization of the
proprietor, to contract marriage, and to make any arrangement whatever
concerning their family affairs; that they can equally enter into all
agreements and obligations authorized by the laws, as well with the
State as with individuals, on the conditions established for free
farmers; that they can inscribe themselves in the guilds, and exercise
their trades in the villages; and they can found and conduct factories
and establishments of commerce.” Another section secures to the
freedmen the right of acquiring and alienating property of all kinds,
according to the general law, and, besides, guaranties, on certain
conditions, “the possession of their homesteads,” with the grounds
appurtenant. An additional section secures them complete _Equality in
the courts_, with “the right of action, whether civilly or criminally,
to commence process, and to answer personally or by attorney, to make
complaint, and to defend their rights by all the means known to the
law, _and to appear as witnesses and as bail, conformably to the common
law_.” Other sections secure to the freedmen _Equality in political
rights_, by providing, that, “on the organization of the towns, they
shall be entitled to take part in the meetings and elections for the
towns, and to vote on town affairs, and to exercise divers functions”;
that they shall also “take part in the assemblies for the district, and
shall vote on district affairs, and choose the chairman,” and generally
enjoy all rights to elect local officers and to be elected in turn. And
still another section authorizes the freedmen “to place their children
in the establishments for public education, to embrace the career of
instruction, or the scientific career, or to take service in the corps
of surveyors.” And it is further provided, that they “cannot lose their
rights, or be restrained in their exercise, except after judgment of
the town, according to fixed rules”; and still further, that they
“cannot be subjected to any punishment, otherwise than by virtue of a
judgment, or according to the legal decision of the town to which they
belong.” Such are the safeguards by which Emancipation in Russia is
completed and assured. Such is the lesson of the great Empire to the
great Republic.
* * * * *
In asking that we shall do likewise, I follow the plain suggestions of
reason, whether we regard the interest of the freedmen or our own.
For justice to the freedmen is now intimately linked with the national
security. Be just, and the Republic will be strong. Be just, and you
will erect a barrier against returning Rebellion. Here Massachusetts
has a duty to perform. Now, as in times past, her place is in the
front. You will not, I trust, be disturbed by criticism, even if it
become invective. Throughout the long conflict with Slavery, and the
earlier conflict with the mother country, Massachusetts has been
accustomed to hard words; and even at a more ancient day, as far back
in colonial history as 1691, we find an ill-tempered critic, with a
strange jumble of metaphors, crying out against our fathers: “All the
frame of heaven moves upon one axis; and the whole of New England
interests seem designed to be loaden on one bottom, and her particular
motions to be concentric to the Massachusetts tropic. You know who are
wont to trot after the Bay horse.”[242] If others trot after the Bay
horse, it is simply because Massachusetts means always to keep on the
right road, and by unerring instinct knows the way. Error proceeds
oftener from ignorance than from malice. Obviously, at this moment, the
great difficulty is that people do not see clearly what ought to be
done.
* * * * *
Fellow-citizens, as peace seems about to smile on our country,
convulsed by most cruel and costly war, there is one simple duty on
which all can unite, when it is understood. It is the duty expressed
in at least one part of the familiar saying, “Indemnity for the past
and _security for the future_.” Indemnity, alas! we can never have. Who
can repay the millions of lost treasure? Who can repair the shattered
and mutilated forms returned from the terrible battle with Slavery?
Who can recall the dead? Indemnity we renounce. There are no scales on
earth in which it can be weighed. There are no possible accumulations
of wealth that would not be exhausted before its first instalment
was counted out. But no such difficulty can occur in adjusting
security for the future. And the very vastness of our sacrifice is
an irresistible reason why this should be fixed beyond question, so
that the appalling judgment shall not visit us again. Indemnity we
renounce; _but security we will have_. This is the one thing needful.
This is the charity embracing all other charities. This is the pivot
of the national Hereafter. This is at once corner-stone and key-stone
of that reconstructed Union to which we look for tranquil peace and
reconciliation. There are none so high, and there are none so low, as
not to be concerned in obtaining this security; for without it all that
we hold most dear will be in jeopardy. Without security, agriculture
and commerce must languish and die; without security, the whole country
must be impoverished in resources, while the rich become poor and the
poor become poorer; without security, rights of property and rights of
person will lose their value; and without security, the Union, justice,
domestic tranquillity, the common defence, the general welfare, and
the blessings of Liberty, for which the Constitution was ordained and
established, must all fail. What is government, or country, or home, or
life itself, without security?
There is another object, kindred to security, or, perhaps, embraced
in security,--and that is the _national faith_. This, too, must be
placed beyond cavil, or even suspicion. No nation can be powerful
enough to disregard this sacred bond. Character, fame, and prosperity
itself are all dependent on its observance. But the national faith
is solemnly engaged, first, to the national freedman, and, secondly,
to the national creditor. No undertaking can be more complete and
inviolable, because it constituted the consideration for those services
and supplies by which the life of the Republic has been preserved. The
national faith is pledged to the national freedman, not only by the act
of Emancipation, which, in its very essence, and from the nature of
the case, is a “warranty of title,” but also by the plain and positive
promises of the Proclamation, that they “_are and henceforward shall
be free_, and that the Executive Government of the United States,
including the military and naval authorities thereof, will recognize
and _maintain the freedom of said persons_.” Words could not be more
binding, and the history of their introduction testifies to their
significance and efficacy. They were not in the original draught by
President Lincoln, but were inserted, at the suggestion of Mr. Seward,
when the Proclamation was read to the Cabinet; and there they stand
without limitation of place or time, binding this Republic in its
national character, through its Executive, including the military and
naval authority, not only to recognize, but to _maintain_, the freedom
of the emancipated slave; and this is to be done, not in any special
locality, but everywhere,--and not for a day or a year, but for all
time. Our obligation to the national creditors is of the same validity,
approved by successive Acts of Congress, ratified by the popular will,
and fixed beyond recall by the actual enjoyment of those precious
fruits for which the debt was incurred. Repudiation of our bonds,
whether to the national creditor or to the national freedman, would be
a shame and a crime; and the national faith is irrevocably plighted to
the two alike. Here is the Proclamation, and here is a Treasury Note.
[_Here Mr. Sumner held up an official copy of the Proclamation, and
also a Treasury Note._] Look at the signature, and look at the terms.
The former is signed by the President himself, Abraham Lincoln; the
latter is signed by an unknown clerk, whose name I cannot decipher.
The former is stronger and more positive in terms than the latter. The
Treasury Note simply says: “It is hereby certified that the United
States are indebted unto ____ or bearer in the sum of $100, redeemable”
after a certain date, and that “this debt is authorized by Act of
Congress.” The binding terms of the Proclamation, which I have read,
are solemnly enforced by that memorable invocation at the close: “And
upon this act, sincerely believed to be an act of justice warranted
by the Constitution upon military necessity, I invoke the considerate
judgment of mankind and the gracious favor of Almighty God.” Thus
religion comes to confirm the pledge with sanctions of its own. That
pledge is as enduring as the Republic.
Such are the supreme objects now at heart: the National Security and
the National Faith, or the two absorbed into one,--_Security for the
Future_.
And here allow me to present an illustration, which, unless I mistake,
will make our duty clear. You all remember the immense and costly dikes
built by Holland against the sea; but perhaps you may not recall their
origin and importance. Before these embankments the whole country was
in constant danger. At an early period an irruption swallowed up no
less than forty-four villages, followed very soon by another, which
destroyed eighty thousand lives. In the fifteenth century still another
swept away one hundred thousand persons,--a terrible sacrifice, even
greater in proportion to the population of Holland at that time than
we have been called to bear from the bloody irruption of Slavery.
At last dikes were constructed as safeguards, and down to this day
they are preserved at large annual cost. Precautions of all kinds
are superadded. A special corps of engineers, educated at Delft, is
constantly employed in the work of renovation. Watchmen patrol the
walls, and alarm-bells are ready to ring. The gratitude of the people
is manifest even to unconscious protectors; and the stork, resting
here on his flight from Africa, is held in veneration for his precious
service in destroying the vermin that weaken and sap the dikes; so that
to kill a stork is little less than crime. Such are defences by which
Holland is guarded against dangers from the sea. But how petty is her
peril, compared with ours! We, too, must have our dikes, with engineers
to keep them strong, with watchmen to patrol, with alarm-bells to ring;
and we, too, must have our storks to destroy the vermin that weaken and
sap our embankments.
What shall be our defences? How shall we guard against destructive
irruptions? And where shall we establish our security for the future?
Our embankments cannot be of earth. Walls of stone will not do. Towers,
ramparts, and buttresses are impotent against our vindictive tide.
The security we seek must be found in _irreversible guaranties,
coëxtensive with the danger_.
* * * * *
It becomes us, then, to consider carefully the elements of
danger,--bearing in mind always that a danger clearly foreseen will not
happen, unless prudence has ceased to prevail. These may be considered
in general and in detail. They may be considered in certain general
influences, applicable to all our relations with the Rebellion, or in
certain specific points, obviously requiring specific guaranties.
If we look at the Rebel States generally, there is little to inspire
trust. They rose against a paternal government simply for the sake of
Slavery, planting themselves upon two postulates furnished by John C.
Calhoun,--first, State Rights, and, secondly, the alleged falsehood
of our fathers, when, at the birth of our nation, they declared that
all men are born equal. Since that early war when Satan “in proud
rebellious arms drew after him the third part of heaven’s sons,”
nothing so utterly wicked has occurred. And the spirit of Satan entered
into the Rebellion, and continued with it to the end. It was present on
the battle-field; it was present in the treatment of Union prisoners;
it was present in the piracies of the ocean. I know not that these
devils have yet been cast out. I know not that any swine into which
they entered have rushed headlong into the sea. But I do know, that,
according to concurring and unimpeachable testimony from all quarters
of the Rebel States, from North Carolina to Texas, there is one sullen,
defiant voice, which, in the very words of Satan, when driven from the
skies, thus speaks:--
“What though the field be lost?
All is not lost: the unconquerable will,
And study of revenge, immortal hate,
And courage never to submit or yield.
…
Since, through experience of this great event,
In arms not worse, in foresight much advanced,
We may with more successful hope resolve
To wage by force _or guile_ eternal war,
Irreconcilable to our grand foe.”
Such is their spirit. Grounding arms, they now resort to other means.
Cunning takes the place of war. As they precipitated themselves out
of the Union, they now seek to precipitate themselves back. A “wooden
horse” is constructed, which is stuffed with hidden foes, and thus they
seek to enter Troy. Already the rattle of arms is heard, and ominous
voices, as the treacherous engine is advanced; but, beyond these
sounds, there is the record of the past and the present. Who does not
know that the South is full of spirits who have sworn undying hatred,
not only to the Union, but to reason itself, and whose policy is a
perpetual conspiracy against the principles of our Government? Painful
proofs come to demonstrate the prevailing frenzy. The freedmen are
trodden down, and the land is filled with tragedies. History stands
aghast at the Massacre of Glencoe in a retired Scotch valley, and
our sympathies overflow at the murder of a solitary traveller by the
merciless Indian; but these scenes are now repeated. The barbarism of
Slavery rages still. The lash and the bloodhound are at large. Life
is of little value, if it beats under a colored skin. Citizens in the
national uniform are insulted, mutilated, murdered,--especially if in
command of colored troops. And these criminals, besmeared with patriot
blood, and boiling with concentrated rage, now strive to envelop
themselves in the immunities of State Independence, with two special
objects: first, that they may deal with the freedman as they please,
without check from the national authority; and, secondly, that they
may send a solid representation of more than eighty votes, pledged to
Southern pretensions, which, in combination with treacherous votes from
the North, may reassert that ancient monopoly and masterdom under which
the country suffered so long,--
“and once more
Erect the standard there of ancient Night.”
Reading the proceedings of the Convention in Mississippi, we seem again
to hear the ancient voice,--
“To claim our just inheritance of old,
Whether by open war or _covert guile_,
We now debate.”
One of their orators said plainly, that “he was opposed to fighting
the General Government, or anybody else,--_that he was ready to submit
to its wishes, as he would to a highway robber whose power he was not
able to resist_.” Another, less frank, thought it policy to accept
the present condition of affairs, until the control of the State is
restored into the hands of its people, and “to submit _for a time_ to
evils which cannot be remedied.” And still another, much more wily,
when urging seeming acceptance of the Union, thus lured his brother
conspirators: “_If we act wisely, we shall be joined by what is called
the Copperhead party_, and even by many of the Black Republicans.”
Such is the plot, and such the disastrous alliance foreshadowed. But,
thank God, in encouraging his comrades, the conspirator has warned us.
Forewarned, forearmed.
From all quarters comes the warning, “Trust not their presents,
nor admit the horse!” The voice of the Grecian Sinon was not more
treacherous. The testimony is concurring. Military officers returning
from the South, public functionaries, intelligent travellers, loyal
residents, each and all speak with one voice. By conversation and by
letter I have gathered the proofs, which are complete. Persons who
have had peculiar opportunities unite in report that the rebel spirit
still prevails, that the treatment of the freedmen is beastly, and that
the national debt is denounced. Two eminent gentlemen, whose official
positions have made them familiar with public opinion in two different
States, have expressed to me the conviction that there is not a single
ex-Rebel who would vote to pay the interest on the national debt. A
trustworthy traveller, who has just visited Louisiana, Mississippi, and
Alabama, with which he was already familiar, writes me: “The former
masters exhibit a most cruel, remorseless, and vindictive spirit
towards the colored people. In parts where there are no Union soldiers,
I saw colored women treated in the most outrageous manner. They have
no rights that are respected. They are killed, and their bodies thrown
into ponds or mud-holes. They are mutilated by having ears and noses
cut off.” A loyalist from Texas declares: “What we of the South fear
is that President Johnson’s course will, by its _precipitancy_, enable
the old set to reorganize themselves into place and power. For Heaven’s
sake preserve us, if you can, from this calamity.” A loyal resident of
North Carolina breaks forth: “I tell you, Sir, the only difference now
and one year ago is that the flag is acknowledged as supreme, and there
is some fear manifested, and they have no arms. The sentiment is the
same. If anything otherwise, more hatred exists towards the Government.
I know there is more towards Union men, both black and white.” It is
natural that such a people should already talk of repudiating the
national debt. Here is a bit on this vital point. A young man in gray
was asked: “Would it be safe to trust white men at the South with the
power to repudiate the national debt?” To which he replied at once:
“Repudiate? I should hope they would! I’m whipped, and I’ll own it; but
I’m not so fond of a whipping that I’m going to pay a man’s expenses
while he gives it to me. Of course, there are not ten men in the whole
South that wouldn’t repudiate!” Thus spoke the Rebel uniform. But here
are the grave words of a candidate for Congress in Virginia, in his
address to the people:--
“I am opposed to the Southern States being taxed at all for
the redemption of this debt, either directly or indirectly;
and if elected to Congress, I will oppose all such measures,
and I will vote to repeal all laws that have heretofore been
passed for that purpose; and in doing so, I do not consider
that I violate any obligations to which the South was a party.
We have never plighted our faith for the redemption of the war
debt. The people will be borne down with taxes for years to
come, even if the war debt is repudiated. It will be the duty
of the Government to support the maimed and disabled soldiers,
and this will be a great expense; and if the United States
Government requires the South to be taxed for the support of
Union soldiers, we should insist that all disabled soldiers
should be maintained by the United States Government, without
regard to the side they had taken in the war.”
Again I say, Forewarned, forearmed. Surely there can be no limits to
our resistance, when such spirits are seeking to capture the National
Government; but beyond that general resistance, which must make us
postpone the day of surrender, and invoke the protection of Congress,
we must insist upon _special guaranties_ in the organic law.
* * * * *
1. As the Rebellion began with the pretension that a State might
withdraw from the Union, it is plain that the _Unity of the Republic_
must be affirmed,--not indirectly, but directly,--not, as in
Mississippi, by simply declaring the late Act of Secession null and
void, but as in Missouri, where the relations of the State to the
Union are thus frankly stated: “That this State shall ever remain a
member of the American Union; _that the people thereof are a part of
the American Nation_; that every citizen owes paramount allegiance to
the Constitution and Government of the United States; and that no law
or ordinance of this State in contravention or subversion thereof can
have any binding force.” In contrast with this plain renunciation, the
proceedings of Mississippi have no more significance than the vulgar
saying, “Big as a piece of chalk.” As security for the future, they
are nothing, absolutely nothing. And permit me to say, that the whole
Convention, so far as we have been informed, was little better than a
Rebel conspiracy to obtain political power.
* * * * *
2. As the Rebellion was waged in denial of the _Equal Rights_ of
the colored race, it is essential not only that Slavery should be
renounced, but also that all men should be hailed as equal before
the law; and this enfranchisement must be both civil and political.
Unless this is done, the condition of the freedman will be deplorable.
Exposed to every brutality, he will not be heard as a witness against
his oppressor. Compelled to pay taxes, he will be excluded from all
representation in the government. Without this security, Emancipation
is illusory. It is a jack-o’-lantern, which the poor slave will pursue
in vain. Even if Slavery cease to exist, it will give place to a
condition hardly less galling. There will be serfdom, apprenticeship,
peonage, or some other device of Slavery. According to the poet, there
are different “circles” in Hell, each with its own terrible torments;
and the unhappy African will only escape from one of these into
another. And all this will be beyond correction or remedy, if not at
the outset guarded against by organic law.
* * * * *
3. As the _national debt_ was incurred for the suppression of the
Rebellion, this, too, must be fixed beyond repeal. Unless this is
done, it is evident, from reason as well as from testimony, that the
representatives of the Rebel States will coalesce with others for
its repudiation. Mississippi, which leads in the present effort to
capture the national capital, is the original author of repudiation.
Out of the legislative halls of this State the monster sprang. There
was its birth. It will be simply true to its past history, as well as
to its present animosities, when this State leads in the repudiation
of the national debt. Nothing short of madness will allow any such
opportunity. No Rebel State should be readmitted, unless bound
irrevocably to the support of the national debt and the payment of the
interest.
* * * * *
4. The _assumption of the Rebel debt_ must be positively forbidden.
Already ex-Rebels insist upon its payment. Such voices come from
Mississippi and Virginia. Ex-Rebel newspapers, whose editors have taken
the oath of allegiance, uphold this debt. But Congress has already
led the way in denouncing it. For a State to assume this criminal
obligation would be oppressive to the people, and especially to the
freedmen. It would be a drain upon the resources of the State. It
would be an insult to the whole country. This debt, whether at home or
abroad, has been incurred for the support of the Rebellion, and must be
treated accordingly. It is part of the crime. Here, too, there must be
a guaranty.
* * * * *
5. As the _national peace and tranquillity_ depend essentially upon the
overthrow of monopoly and tyranny, here is another occasion for special
guaranty against the whole pretension of color. No Rebel State can
be readmitted with this controversy still raging, and ready to break
forth. So long as it continues, the land will be barren. Agriculture
and business of all kinds will be uncertain, and the country will be
handed over to a fearful struggle, with the terrors of San Domingo to
darken the prospect. In shutting out the freedman from his equal rights
at the ballot-box, you open the doors of discontent and insurrection.
Cavaignac, the patriotic President of the French Republic, met the
present case, when, speaking for France, he said: “I do not believe
repose possible, either in the present or the future, except so far
as you found your political condition on universal suffrage, loyally,
sincerely, completely accepted and observed.”[243] It is _impartial
suffrage_ that I claim, without distinction of color, so that there
shall be one equal rule for all men. And this, too, must be placed
under the safeguard of Constitutional Law.
* * * * *
6. As the _education of the people_ is essential to the national
welfare, and especially to the development of those principles of
justice and morality which constitute the only sure foundation of a
Republican Government, and as, according to the census, an immense
proportion of the people of the Rebel States, without distinction of
color, cannot read and write, it is obvious that public schools must
be established for the equal good of all. The example of Massachusetts
must be followed, which, after declaring in its Constitution that
“wisdom and knowledge, as well as virtue, diffused generally among the
body of the people, are necessary for the preservation of their rights
and liberties,” proceeds to direct the Legislature and magistrates, in
all future periods, “to cherish the interests of literature and the
sciences,” and especially “public schools and grammar schools in the
towns.” All this must enter into our work of reconstruction, and become
one of our guaranties.
* * * * *
Such are six capital subjects of special guaranty: the unity of the
Republic; the national obligations to the national freedmen; the
national obligations to the national creditors; the rejection of the
Rebel debt; the establishment of national peace and tranquillity, so
that it cannot be disturbed by any monopoly and tyranny founded on
color; and, lastly, the education of the people. All these are too
important, too transcendent, too essential to the national safety, to
be left the prey or sport of Rebel passions; nor can they be abandoned
to any vague promise or inference of any kind. They must be fixed in
characters clear as the sky and firm as the earth. Not to require
this protection is unpardonable weakness. “If Philip dies,” said the
Athenian orator, “you will soon raise another Philip; since it is not
so much by his own power as by your carelessness that he grew to such
greatness.” And so do I say now, even if the Rebellion is dead, you
will soon raise another, unless you learn to be wise. Believe me, that
man is dangerous who does not see danger in this Rebel Oligarchy, now
conspiring to hoist itself into power.
* * * * *
Therefore I lay down one undeniable, essential principle,--that these
guaranties must be established; and I appeal to my fellow-citizens
throughout the country to insist upon them. As they concern the
National Security and the National Faith, it is clear that they should
be established by the Nation. The object is national. The power to
establish them is national also. It is part of that great instinctive
right of _self-defence_, common to nations and to men, which has no
limits, except in the benign constraints of a Christian civilization.
It is a right not only from the Constitution of the United States, but
also from the constitution of civil society itself. There is no nation
without it. In the weakest it is as manifest as in the mightiest. Never
before was the occasion for its exercise plainer. And who shall say
that the nation may defend itself on the murderous battle-field, and
may not, when the battle has been won, require that “Security for the
Future” which is the declared object of war?
Do you ask where in the Constitution this unquestionable power is
found? I answer, in the same clause where you find the power to raise
armies, and hurl them upon the Rebel enemy,--in the same clause where
you find the power to erect fortifications, bastions, and bulwarks for
the national defence,--in the same clause where you find the power to
incur the national debt for the national defence,--and also in the same
clause where President Lincoln found the power to emancipate the slave.
It is a national power for the protection of the nation, and it may be
exercised to any extent needed. It is idle to say that the war is over,
and therefore the power is suspended. In one sense the war is over, and
in another it is not. Battles have ceased; but Security for the Future
is not yet obtained, and this security is found only in irreversible
guaranties.
This national power is still in full operation, and as completely
constitutional as the power to raise armies. It assumes for the present
purpose two forms: first, the power to hold military possession of
the Rebel States, so long as required for security,--whether months
or years; and, secondly, the power to affix the terms of peace and
restoration. As it is idle to say that the war is over, so it is
equally idle to say that this power, in either of its forms, is limited
by the Constitution. This same mistake was made by James Buchanan,
when, at the beginning of the Rebellion, he weakly declared, that,
under the Constitution, he could not “coerce a State,” and his Cabinet
assented. God forbid that now, at another moment not less critical,
the same pretension should triumph again. Of course all patriots
see now how the golden opportunity was lost at first. May no such
golden opportunity be lost again! Nobody doubts now that a State in
rebellion may be “coerced.” Nobody doubts now that the victories of
Grant, the march of Sherman, and the charge of Sheridan were strictly
constitutional. But this “coercion” must endure just so long as may be
needed to obtain Security for the Future,--it may be for months, or it
may be for years. There is no argument for it at the beginning which
is not equally strong for it now. There is nothing in the Constitution
against it. Everything in the Constitution is for it. The rules or
limitations which the Constitution may establish for a condition of
peace are entirely inapplicable to a condition of rebellion in any
of its stages, whether at beginning, middle, or end. Whatever is
needed for the suppression of the Rebellion and the establishment of
safeguards against its recurrence is constitutional. It is failure to
exercise this power that is unconstitutional.
But beyond this ample, are two other powers in the Constitution, under
which all needful guaranties can be secured. The first is that vast
untried power springing from the injunction that “the United States
shall guaranty to every State in this Union a republican form of
government.” This power, long dormant, sprang into activity with the
Acts of Secession. Loyal government being overthrown _in fact_, so that
the whole region was like “a clean slate,” it became the duty of the
national authority to set up loyal governments, and at the same time to
see that they were republican in form,--which must mean at least that
they are governments of the majority, and not of the minority; and I
think I cannot err, if I add, that, according to fundamental principles
of the Declaration of Independence, they must be founded on the equal
rights of all men and “the consent of the governed.” It is very clear
that in this clause of guaranty there is an inexhaustible power, by
virtue of which the national authority can not only exact all needful
guaranties, but can mould these rebel communities according to the
model of a Christian Commonwealth.
There is still another source of power under the Constitution; and
this is according to the analogies of the Territories. Since all loyal
government has ceased to exist, the whole region, in all its divisions
and subdivisions, has, _from the necessity of the case_, lapsed under
the national jurisdiction, which is as complete for all practical
purposes as that same jurisdiction over the District of Columbia.
I do not stop to dwell on these sources of power. Elsewhere I have
vindicated them; and I have never been answered, except by the phrase
that a State cannot go out of the Union: as if, in presence of _the
fact of rebellion_, this was anything more than a phrase. It is
indisputable, that, _in fact_, the Rebel States have ceased to be, as
President Lincoln expressed it, in “proper practical relation with
the Union,” and, still further, that they have long been without any
government we can recognize. Surely this is enough to open the door for
the national authority. When loyal government ceased, the jurisdiction
of the National Government began, whether military or civil; and
this jurisdiction still continues, complete in all respects, without
hindrance or limitation from the Constitution.
Thus, out of three inexhaustible fountains may the National Government
derive its authority: first, from the war powers, which do not expire
except with the establishment of Security for the Future; secondly,
from the injunction to guaranty a republican form of government, which
is at once a power and a duty; and, thirdly, from the necessity of the
case, as with outlying Territories, which have no other government.
Under each and all of these the guaranties can be obtained.
* * * * *
In obtaining the needed guaranties there are certain practical points
which cannot be disregarded. Knowing what we need, and satisfied
concerning the powers of the National Government, the path is easy.
As there are ways to obtain guaranties, so also there are ways not to
obtain them.
And, first, of ways not to obtain them.
1. Irreversible guaranties cannot be obtained by _haste_. No State
must be precipitated back into the Union. Precipitation back will be
hardly less fatal than that original precipitation which plunged the
country into the abyss of war. When a State is readmitted, it becomes
practically independent. Therefore prudence, care, and watchfulness are
needed to see that the national interests are not imperilled by any
sudden transformation.
2. Irreversible guaranties cannot be obtained merely by _Executive
action_. Something more is needed. No President can truly say, “The
State--it is I.” He is only part of the State; and on this account
there is a new motive to reserve. What he does is subject to the
correction of Congress, and therefore cannot be final. But it is
difficult to see under what authority the President can appoint
officers not known to the Constitution or laws, as is the case
with Provisional Governors. The Act of Congress authorizing their
appointment failed to become a law; so that no such office is
“established by law,” according to the requirement of the Constitution.
3. Irreversible guaranties cannot be obtained by _yielding to the
prejudice of color_, and _insisting upon a separation of the races_. A
voice from the West--God save the West!--revives the exploded theory
of Colonization, perhaps to divert attention from the great question
of Equal Rights. To that voice I reply, first, You ought not to do
it, and, secondly, You cannot do it. You ought not to do it, because,
besides its intrinsic and fatal injustice, you will deprive the country
of what it most needs, which is labor. Those freedmen on the spot are
better even than mineral wealth. Each is a mine, out of whom riches
can be drawn, provided you let him share the product. And through
him that general industry will be established which is better than
anything but virtue, and is, indeed, a form of virtue. It is vain to
say that this is the country of the “white man.” It is the country of
Man. Whoever disowns any member of the Human Family as Brother disowns
God as Father, and thus becomes impious as well as inhuman. It is the
glory of republican institutions that they give practical form to this
irresistible principle. If anybody is to be sent away, let it be the
guilty, and not the innocent. Expatriation of leading Rebels will be
a public good. As long as they continue here, they will resist the
establishment of guaranties; but it is little short of madness to think
of exiling loyal persons, whose strong arms are needed, not only for
the cultivation of the soil, but also for protection of the Government
itself.
4. Irreversible guaranties cannot be obtained by _oaths_. All oaths
are uncertain. It has been said, “The strongest oaths are straw.”
Political oaths have become a proverb, whether in England or France.
They have been taken freely, and have been broken without hesitation.
The Milanese, in reply to the Emperor Barbarossa, said, “You had our
oath, but we never swore to keep it.” Our Rebels are openly taught the
same duplicity. They have been told authoritatively, that the oath
was unconstitutional, and therefore not binding; and so they take it
easily. But who can find a guaranty in such a performance? A Swedish
priest lately poisoned the sacramental wine; and so these counsellors
have poisoned this sacred obligation. But if an oath be taken, it must
not stop with support of the Proclamation of Emancipation. It must
embrace all those other objects of guaranty, including especially
the national freedman and the national creditor. Each of these will
be a test of loyalty. But at a moment like the present, at the close
of a ferocious rebellion, when hatred and passion are only pent up
and not extinguished, an oath is little better than a cotton thread
to hold a frigate scourged by a northwester. The Hollanders might as
well undertake to swear each individual wave that beats upon their
coast. They did better. They made dikes. “Gone to swear a peace,” says
Constance, most scornfully, as she denounced an oath of pretended
reconciliation. And shall we be content when our Rebels merely “swear a
peace”?
5. Irreversible guaranties cannot be obtained by _pardons_. It is
enough to state the proposition; for all must see at once that rights
will be very uncertain, if with no protection except the gratitude
of a pardoned Rebel. A jail-delivery is not a guaranty. Such a
breakwater would be impotent against the malignant sea. Without
accepting absolutely the dogma of Cardinal Mazarin, that human beings
are governed more through hope than gratitude, it is clear, that,
until security is won, we cannot afford to part with any influence or
agency through which control may be established. Mercy is a beautiful
prerogative, exercised always with inexpressible delight; but on this
account we must guard against its fascination, and not, in the generous
luxury, imperil a whole community. This is very clear. A pardon is
in form an act of grace, but in reality a letter of license. This is
all. It leaves the criminal free to renew his crime, whether by force
or guile. It has in it no single point of security. As well defend a
citadel by kisses or by flowers.
* * * * *
Such are some of the modes to be rejected. And now, in the second
place, consider the ways in which guaranties may be obtained.
1. _Time is necessary._ There must be no precipitation. Time is the
gentlest, but most powerful revolutionist. Time is the surest reformer.
Time is peacemaker. Time is necessary to growth, and it is an element
of change. For thirty years and more this wickedness was maturing. Who
can say that the same time will not be needed to mature the conditions
of permanent peace? Who can say that a generation must not elapse
before these Rebel communities have been so far changed as to become
safe associates in a common government? Plainly, this cannot be wrought
at once. Wellington exclaimed at Waterloo, “Would that night or Blücher
were come!” Time alone was substitute for a powerful ally. It was
more through time than battle that La Vendée was changed to loyalty.
Time, therefore, we must have. Through time all other guaranties may be
obtained; but time itself is a guaranty.
2. _Meanwhile follow Congress in the present exclusion of Rebels from
political power._ They must not be voted for, and they must not vote.
On this principle I take my stand. Let them buy and sell; let them
till the ground; and may they be industrious and successful. These
things they may do; but they must not be admitted at once into the
copartnership of our Government. As well might the respectable banker
reïnstate his son at once in the firm he has betrayed, and invest him
again with all the powers of a partner. The father received his son
with parental affection, and forgave him; but he did not invite the
criminal to resume his former desk in Wall Street. And yet the son, who
had robbed and forged on an unprecedented scale, is as worthy of trust
in the old banking-house as one of our Rebels in the government of the
country. A long probation will be needed before either can be admitted
to former fellowship. The state of outlawry is the present condition of
each, and this condition must not be hastily relaxed.
Congress has already set the example by excluding from “any office of
honor or profit under the Government of the United States,” and also
by excluding, as attorney or counsellor, from any court of the United
States, every person who has voluntarily given “aid, countenance,
counsel, or encouragement” to the Rebellion, or who has “sought or
accepted any office whatever” under it, or who has yielded to it any
“voluntary support.” By this and the supplementary Act,[244] all Rebels
are debarred from holding office under the United States, or from
practising in the courts of the United States. This exclusion, thus
sanctioned by Congress, must be the pole-star of our national policy.
If Rebels cannot be officers under our Government, they ought not to be
voters. They should be politically disfranchised, purely and simply as
a measure of necessary precaution, and in order to prepare the way for
those guaranties which we seek. “Vipers cannot use their venom in the
cold.” These are words of political wisdom, as of scientific truth; and
a great Italian writer did not hesitate to inculcate from them the same
lesson that I do now.
3. Surely, recent Rebels, who led in secession, and held office under
the Rebellion, are poor professors to rally these communities to
the support of the national freedman and the national creditor, and
generally to the establishment of the guaranties essential to safety.
Reason and experience warn us to postpone trust in such persons.
Overcome in battle, they wrap themselves in a mantle of loyalty, tied
by an oath, as
“they who, to be sure of Paradise,
Dying, put on the weeds of Dominic,
Or in Franciscan think to pass disguised.”
But character is not changed in a day; and that “Southern heart,”
which was “fired” against the Union, still preserves its vindictive
violence. Even if for a moment controlled, who can tell how long it
will continue in this mood? There is an ancient well-known fable, where
a cat was transformed into a beautiful woman; but, on the night of her
marriage, hearing the sound of a mouse, she sprang from bed with all
her original feline nature. And so a Rebel, transformed by political
necromancy into a loyalist, will suddenly start in full cry to run
down a national freedman or national creditor. So strong is nature.
Horace tells us, “Drive it out with a pitchfork, and it will return.”
Therefore do I insist, put not political trust in the man who has
been engaged in warring upon his country. I ask not his punishment.
I would not be harsh. There is nothing humane that I would reject.
Nothing in hate. Nothing in vengeance. Nothing in passion. I am for
gentleness. I am for a velvet glove; but for a while I wish the hand
of iron. I confess that I have little sympathy with those hypocrites
of magnanimity whose appeal for the Rebel master is only a barbarous
indifference towards the slave; and yet they cannot more than I desire
the day of reconciliation. To this end I am with them, _so far as is
consistent with safety_; but I cannot see my country sacrificed to a
false idea. Pardon, if you will. Nobody shall outdo me in clemency. But
do not trust the Rebel politically. The words of Shakespeare are not
too strong to picture the danger of such attempt:--
“Thou may’st hold a serpent by the tongue,
A chafèd lion by the mortal paw,
A fasting tiger safer by the tooth,
Than keep in peace that hand which thou dost hold.”
4. In obtaining guaranties we must rely upon acts rather than
professions, and light our footsteps by “the lamp of experience.”
Therefore we turn from recent rebels to _constant loyalists_. This
is only ordinary prudence. As those who fought against us should be
for the present disfranchised, so those who fought for us should be
at once enfranchised, and thus a renovated state will be built secure
on an unfaltering and natural loyalty. For a while the freedman will
take the place of the master, verifying the saying that the last shall
be first and the first shall be last. In the pious books of the East
it is declared that the greatest mortification at the Day of Judgment
will be when the faithful slave is carried to Paradise and the wicked
master is sent to Hell; and this same reversal of conditions appears
in the Gospel, where Dives is exhibited as suffering the pains of
damnation while the beggar of other days is sheltered in Abraham’s
bosom. Therefore, in organizing this change, we follow divine justice.
Surely nobody can doubt that Robert Small, the heroic slave who carried
a Rebel steamer to our fleet and then became our pilot, deserves more
of the Republic than a South Carolina official occupied at that very
time as commissioner to regulate impressments in the Rebel army. To
accept the latter and to reject the former will be not only the height
of injustice, but the height of meanness. It will be a deed “to make
heaven weep, all earth amazed.”
5. Still further, in obtaining guaranties we must _look confidently to
Congress_, which has plenary powers over the whole subject. Congress
can do everything needful. It has already begun by excluding Rebels
from office. It must continue its jurisdiction; whether through the
war powers, or the duty to guaranty a republican form of government,
or the necessity of the case, as in Territories, is a matter of little
importance. It is of less importance under which of its powers this
is done than that it is done. Continuing its jurisdiction, Congress
must supervise and fix the conditions of order, so that the National
Security and National Faith shall not suffer. Here is a sacred
obligation which cannot be postponed.
6. All these guaranties should be completed and crowned by _an
Amendment of the Constitution of the United States_, especially
providing that hereafter there shall be no denial of the electoral
franchise or any exclusion of any kind on account of race or color,
but all persons shall be equal before the law. At this moment, under a
just interpretation of the Constitution, three fourths of the States
actually coöperating in the National Government are sufficient for this
change. The words of the Constitution are, that Amendments shall be
valid to all intents and purposes, “when ratified by the Legislatures
of three fourths of the several States,” or, according to practical
sense, _by three fourths of the States that have Legislatures_. If a
State has no Legislature, it cannot be counted in determining this
quorum, as it is not counted in determining the quorum of either House
of Congress, where precisely the same question occurs. Any other
interpretation recognizes the Rebellion, and plays into its hands, by
conceding its power, through rebellious contrivance, to prevent an
Amendment of the Constitution essential to the general welfare.
* * * * *
Such are practical points to be observed in obtaining the much needed
guaranties. Congress will soon be in session; and to its courageous
conduct, in the exercise of unquestionable powers, we all look with
hope and trust. Meanwhile the President, as commander-in-chief, has
large military powers, which may be exercised without control until
the meeting of Congress. To him I now appeal. Speaking from this
platform, surrounded by this concourse of his friends, and giving
voice to the sentiments of my heart, in harmony with the sentiments of
Massachusetts, I cannot fail in respect or honor, while I address him
with that plainness which belongs to republican institutions:--
Sir, your power is vast. A word from you may make an epoch. It may
advance at once the cause of Universal Civilization, or quicken anew
the Satanic energies of a fearful barbarism. It may give assurance
of security and reconciliation for the future, or it may scatter
uncertainty and distrust, while it postpones that _Truce of God_
which is the longing of our hearts. As your power is vast, so is your
responsibility. Act, we entreat you, so that our country may have
no fresh sorrow. Do not hazard Emancipation, which is the day-star
of our age, and the special jewel in the crown of your martyred
predecessor, by any concession to its enemies. Do not put in jeopardy
all that we hold most dear, by untimely attempt to bring back into
the national copartnership any of those ancient associates who have
warred upon their country. Let them wait. You have said that treason
is “crime,” and not merely difference of opinion. Do not let the
criminals bear sway. The patriot dead cry out against such surrender,
and all their wounds bleed afresh. Congress has set the example, by
declaring that no person engaged in the Rebellion shall hold office.
For the present, follow Congress. Follow the Constitution also, which
knows no distinction of color, and do not sacrifice a whole race by
resuscitating an offensive Black Code, inconsistent with the National
Security and the National Faith. There also is the Declaration of
Independence, which now shines like the sun in the heavens, rejoicing
to penetrate every by-way and every cabin, if you will not stand in
its light. Let it shine, until the Republic has completely dispelled
that disgusting pretension which is at once a stupendous monopoly and
an impious caste. Above all, do not take from the loyal black man and
give to the disloyal white man; do not confiscate the political rights
of the freedman, who has shed his blood for us, and lavish them upon
his Rebel master. And remember that justice to the colored race is the
sheet-anchor of the national credit.
Speaking always with the same frankness, I ask leave to address the
Secretary of War very briefly:--
Sir, there is yet room for your energies. That region won to Union and
Liberty by the victory you organized must not be allowed to lapse under
its ancient masters, the perjured assertors of property in man. It
must not be abandoned. Let it be held by arms until it smiles with the
charities of life, and all its people are guarded by an impenetrable
shield.
And still speaking with equal plainness, I venture to press one
controlling consideration upon the Secretary of the Treasury:--
Sir, you are the guardian of the national finances. Use the peculiar
influence belonging to this position so that nothing shall be done
to impair the National Credit. See to it especially that no person
is admitted to political power in any Rebel community who spurns the
National Faith, sacredly plighted to the national freedman as well as
to the national creditor. Such is the ordinance of Providence, that
the fortunes of the two are joined inseparably together. Credit is
sensitive. It needs that all the resources of the country should be
brought into activity,--that agriculture should be fostered, that
commerce should be revived, that emigration should be encouraged;
but this cannot be done without that _security_ which is found in
equal laws and a contented people. The farmer, the merchant, the
emigrant must each feel secure. Land, capital, and labor are of little
value, except on this essential condition. The loyal people who have
contributed so much, and now hold your bonds, trust that this essential
condition will not fail through any failure on your part, and that
you will not consent to open a political volcano, spouting smoke and
red-hot lava, in an extended region whose first necessity is peace.
There is an order in all things; and any concession to the criminal
enemies of our country, until after the confirmation of the National
Security and the National Faith, is simply an illustration, on a
gigantic scale, of the cart before the horse.
* * * * *
For myself, fellow-citizens, pardon me, if I say that my course is
fixed. Many may hesitate; many may turn away from those great truths
which make the far-reaching brightness of the Republic; many may seek
a temporary favor by untimely surrender: I shall not. The victory of
blood, which has been so painfully won, must be confirmed by a greater
victory of ideas, so that the renowned words of Abraham Lincoln may
be fulfilled, and “this nation, under God, shall have a new birth of
Freedom; and government of the people, _by the people_, and for the
people, shall not perish from the earth.”[245] To this end I seek no
merely formal Union, seething with smothered curses, but a practical,
moral, and political Unity, founded on common rights, knit together
by common interests, inspired by a common faith, and throbbing with
a common love of country,--where our Constitution, interpreted anew,
shall be a covenant with Life and a league with Heaven,[246] and
Liberty shall be everywhere not only a right, but a duty. John Brown,
on his way to the scaffold, stooped to take up a slave child. That
closing example was the legacy of the dying man to his country. That
benediction we must continue and fulfil. The last shall be first;
and so, in this new order, Equality, long postponed, shall become
the master principle of our system and the very frontispiece of our
Constitution. The Rebellion was to beat down this principle, by
founding a government on the alleged inferiority of a race. The attempt
has failed, but not, alas! the insolent assumption of the conspirators.
Pursuing our victory, I now insist that this assumption shall be
trampled out. A righteous government cannot be founded on any exclusion
of race. This is not the first time that I have battled with the
barbarism of Slavery. I battle still, as the bloody monster retreats to
its last citadel; and, God willing, I mean to hold on, if it takes what
remains to me of life.