December 16, 1861, Mr. Wilkinson, of Minnesota, submitted to
the Senate a resolution for the expulsion of Hon. Jesse D.
Bright, a Senator from Indiana, on account of a letter to
Jefferson Davis, which was pronounced “evidence of disloyalty
to the United States, and calculated to give aid and comfort
to the public enemies.” The resolution was referred to the
Judiciary Committee, which reported upon it adversely; but, on
consideration and debate, it was adopted, so that Mr. Bright
was expelled.
January 21, 1862, Mr. Sumner spoke as follows.
MR. PRESIDENT,--The expulsion of a Senator is one of the most solemn
acts which this body can be called to perform. The sentence of a court
in a capital case is hardly more solemn; for, though your judgment
cannot take away life, it may take away all that gives value to life.
Justice herself might well hesitate to lift the scales in which such a
destiny is weighed. But duties in this world cannot be avoided. When
cast upon us, they must be performed, at any cost of individual pain or
individual regret,--especially in the present case, where the Senate,
whose good name is in question, and the country, whose welfare is at
stake, forbid us to hesitate.
* * * * *
In other similar cases, arising out of recent events, where the Senate
has already acted, the persons in question were absent, openly engaged
in rebellion. There was no occasion for argument or discussion. Their
guilt was conspicuous, like the rebellion itself. In the present case,
the person is not absent, openly engaged in rebellion. He still sits
among us, taking part in the public business, voting and answering to
his name, when called in the roll of the Senate. His continued presence
may be interpreted in opposite ways, according to the feelings of those
who sit in judgment. It may be referred to conscious innocence, or it
may be referred to audacious guilt.
That he takes his place in the Senate is not, therefore, necessarily
in his favor. Catiline, after plotting the destruction of Rome, took
his place in the Senate, and listened to the orator who denounced the
treason; nor did the Roman patriot hesitate to point his eloquence by
the exclamation that the traitor even came into the Senate,--“_etiam in
Senatum venit_.” In the history of our country there is a well-known
instance of kindred audacity. Benedict Arnold, after commencing
correspondence with the enemy, and before detection, appeared at the
bar of a court-martial in Philadelphia, and yet, with treason not only
in his heart, but already in his acts, thus spoke, without a blush:
“Conscious of my own innocence and the unworthy methods taken to
injure me, I can with boldness say to my persecutors in general, and
to the chief of them in particular,”--and, with this introduction, he
alleged patriotic service.[125] You know well the result. The traitor
thus appearing and speaking in open court continued his treason. The
faithful historian does not hesitate to say that “at the moment
these declarations were uttered he had been eight months in secret
correspondence with the enemy, and was prepared, if not resolved,
when the first opportunity should offer, to desert and betray his
country.”[126] History teaches by example; and the instances that I
adduce admonish us not to be governed merely by appearances, but to
look at things as they are, and to judge according to facts, against
which all present professions are of little worth.
I put aside, therefore, the argument founded on the presence of the
person in question. That he still continues in the Senate, and even
challenges this inquiry, does not prove his innocence any more than
it proves his guilt. The question is still open, to be considered
carefully, gravely, austerely, if you will, but absolutely without
passion or prejudice,--anxious only that justice should prevail. Your
decision will constitute a precedent, important in the history of the
Senate, either as warning or encouragement to disloyalty. And since our
votes are to be recorded, I am anxious that the reasons for mine should
be known.
* * * * *
The question may be properly asked, if this inquiry is to be conducted
as in a court of justice, under all the restrictions and technical
rules of judicial proceedings. Clearly not. Under the Constitution, the
Senate, in a case like the present, is absolute judge, free to exercise
its power according to its own enlightened discretion. It may justly
declare a Senator unworthy of a seat in this body on evidence defective
in form, or on evidence even which does not constitute positive crime.
A Senator may deserve expulsion without deserving death; for in the
one case the proceeding is to purge the Senate, while in the other
it is punishment of crime. The motives in the two cases are widely
different. This identical discretion has been already exercised at
this very session, as well as the last, in the expulsion of several
Senators. And the two early precedents--the first of William Blount,
in 1797, and the second of John Smith, in 1807--both proceeded on the
assumption that the Senate was at liberty to exercise a discretion
unknown to a judicial tribunal. In the well-considered report of the
Committee in the latter case, prepared by John Quincy Adams, at that
time Senator, we find the following statement.
“In examining the question, whether these forms of judicial
proceedings or the rules of judicial evidence ought to be
applied to the exercise of that censorial authority which the
Senate of the United States possesses over the conduct of its
members, let us assume, as the test of their application,
either the dictates of unfettered reason, the letter and spirit
of the Constitution, or precedents, domestic or foreign, and
your Committee believe that the result will be the same:
that the power of expelling a member must in its nature be
discretionary, and in its exercise always more summary than the
tardy process of judicial tribunals. The power of expelling
a member for misconduct results, on the principles of common
sense, from the interest of the nation that the high trust of
legislation should be invested in pure hands.”[127]
I do not stop to consider and illustrate a conclusion thus sustained by
precedent as well as reason. It is obvious that the Senate may act on
any evidence satisfactory to show that one of its members is unworthy
of his seat, without bringing it to the test of any rule of law. It is
true that the good name of the individual is in question; but so also
is the good name of the Senate, not forgetting also the welfare of the
country; and if there are generous presumptions of personal innocence,
so also are there irresistible instincts of self-defence, compelling us
to act vigorously, not only to preserve the good name of the Senate,
but also to save the country menaced by traitors.
Consider, too, the position of a Senator. Elected by the Legislature
of his State, he sits for six years in this body, sharing its
labors, its duties, its trusts. His official term is the longest
known to the Constitution. The Representative, and the President
himself, pass away; but the Senator continues. In ordinary times his
responsibilities are large; but now they are larger still. On every
question of legislation, touching our multitudinous relations, touching
our finances, our army, our navy, touching, indeed, all the issues
of peace and war,--also on every question of foreign policy, whether
in treaties or in propositions disclosed in executive session,--and
again, on all nominations by the President, judicial, executive,
military, and naval,--the Senator is called to vote; and he is free
to join in debate, and to influence the votes of others. With these
great responsibilities are corresponding opportunities of knowledge
with regard to the counsels of the Government. These doors are often
closed against the public, but they are never closed against him.
This position of the Senator gives to the question of his loyalty an
absorbing interest. Surely it is of no small moment to know if there be
among us any person unworthy of all this confidence.
The facts in the present case are few, and may be easily stated; for,
beyond certain presumptions, they are of public notoriety, and above
all doubt. Indeed, the whole case can be presented as plainly and as
unanswerably as a mathematical proposition or a diagram in geometry.
* * * * *
On the 6th of November of the last year, Abraham Lincoln of Illinois
was elected President by the popular vote. The election was in every
respect constitutional; and yet, in violation of all the obligations
of the Constitution, and all the duties of patriotism, a movement was
instantly organized in the Slave States to set aside this election, by
acts of conventions, if possible, but by violence, if necessary. The
movement began in South Carolina, a State always mad with treason; and
before the 1st of January then next succeeding, this State formally
separated from the Union, renounced the National Government, and
ranged in open rebellion. Georgia, Alabama, Mississippi, and Louisiana
followed; and the precise object of this rebellion was to form a new
government, with Slavery as its corner-stone. The Senators of these
States, one after another, abandoned their seats in this Chamber,
announcing a determination to seek their respective homes, and leaving
behind menaces of war, should any attempt be made to arrest their
wicked purposes.
Meanwhile military preparations were commenced by the Rebel States,
who made haste to take military possession of forts and other property
belonging to the National Government within their borders. Already,
before the 1st of January, the Palmetto flag was raised over the
custom-house and post-office at Charleston; it was also raised over
Castle Pinckney and Fort Moultrie, in the harbor of Charleston, which,
together with the national armory, then containing many thousand
stands of arms and military stores, were occupied by Rebel troops in
the name of South Carolina. At Charleston everything assumed the front
of war. The city was converted into a camp. The small garrison under
Major Anderson, after retreating from Fort Moultrie to Fort Sumter,
was besieged in the latter fortress. Powerful batteries were erected
to sustain the siege. From one of these batteries, on the 9th of
January, a shot was fired at the United States steamship Star of the
West, with the national flag at her mast-head, bearing reinforcements
for the garrison, and the discomfited steamship put back to New York.
The darling desire was to capture Fort Sumter, and various plans
were devised for this purpose. One Rebel proposed to take the fort
by floating to it rafts piled with burning tar-barrels, thus, as was
said, “attempting to smoke the American troops out, as you would smoke
a rabbit out of a hollow.” Another was for filling bombs with prussic
acid, and sending them among the national troops. Another thought that
it might be taken without bloodshed,--through silver, rather than
shell,--simply by offering each soldier ten dollars of Rebel money.
Another proposed a floating battery, through which, under cover of
the stationary batteries, and with the assistance of an armed fleet,
an attack might be made, while from some convenient point a party of
sharpshooters would pick off the garrison, man by man, and thus give
opportunity to scale the walls. But such a storming, it was admitted,
could be accomplished only at a fatal sacrifice of life, and it was
finally determined that the better way was by protracted siege and
starvation. Such, at this early day, were the propositions discussed in
Charleston, and through the journals there advertised to the country.
The same spirit of rebellion, animating similar acts, appeared in the
other Rebel States. On the 3d of January, Fort Pulaski, a fortress of
considerable strength near Savannah, was occupied by Rebel troops of
Georgia, acting under orders from the Rebel Governor. On the 4th of
January, the national arsenal at Mobile, with arms, barrels of powder,
and other munitions of war, was seized by Rebel troops of Alabama,
as was also Fort Morgan on the same day. On the 11th of January, the
marine hospital, two miles below New Orleans, was seized by Rebel
troops of Louisiana, and the patients of the hospital, numbering
two hundred and sixteen, were ordered away to make quarters for the
Rebels,--thus repeating the indefensible atrocity of Napoleon, when,
near Dresden, he seized an insane asylum for his troops, and set
its inmates loose, saying, “Turn out the mad.”[128] On the 12th of
January, Fort Barrancas and the navy-yard at Pensacola, with all their
ordnance stores, were obliged to surrender to armed Rebels of Florida
and Alabama, the commandant reporting to the National Government,
“Having no means of resistance, I surrendered, and hauled down my
flag.” On the 24th of January, the national arsenal at Augusta, in
Georgia, also surrendered, upon demand of the Rebel Governor. On the
31st of January, the national branch mint, containing $389,000, and the
national sub-treasury, containing $122,000, were seized at New Orleans
by the Rebel authorities. Such, most briefly told, are some of the
positive incidents of actual war through which the Rebellion became
manifest. And you also know, that, throughout the anxious period, when
these things were occurring, the National Capital was menaced by the
Rebels, proposing especially to disperse Congress, to drive away the
National Government, and to seize the National Archives. Nor can you
forget that Lieutenant-General Scott, then at the head of our army,
under the exigencies of the time, changed his head-quarters from New
York to Washington, where he gave his best powers to the national
defence,--organizing the local militia, summoning the national troops,
planting cannon, and in every way preparing to meet the threatened
danger.
Meanwhile these Rebel States, having declared their separation from
the National Government and forcibly seized its strongholds and other
property within their borders, proceeded to constitute themselves
into a political conglomerate, under the title of Confederate
States. Their Constitution was adopted on the 8th of February, and
the same day Jefferson Davis, of Mississippi, was elected President
and commander-in-chief of the armies, and Alexander H. Stephens, of
Georgia, Vice-President. Shortly afterwards, on the 21st of February,
the President of the Rebellion nominated a Cabinet, in which Toombs,
of Georgia, was Secretary of State, Memminger, of South Carolina,
Secretary of the Treasury, and Walker, of Alabama, Secretary of War.
To this extent had the Rebellion gone. No longer a mere conspiracy, no
longer a simple purpose, no longer a mere outbreak, it was an organized
body, or rather several organized bodies massed into one, and affecting
the character and substance of government. Remember, too, that in all
its doings and pretensions it was a Rebel government, set in motion by
conspiracy and sustained by declared Rebellion, which openly disowned
the National Government, openly seized the national forts, and openly
dishonored the national flag. Of this flagrant Rebellion Jefferson
Davis became the chosen chief, as he had already been for a long time
the animating spirit. In him the Rebellion was incarnate. He was not
merely its civil head, but its military head also. It was he who made
cabinets, commanded armies, and gathered munitions of war. His voice
and his hand were voice and hand of the Rebellion itself. By his
own eminent participation, and the superadded choice of the Rebels,
he had become its chief, as much as the old Pretender was chief of
the disastrous Rebellion in Great Britain, crushed on the field of
Culloden,--as much as Satan himself, when seated on his throne and
rallying his peers of state, was chief of an earlier rebellion.
That transcendent outrage, in itself the culmination of the Rebellion,
destined to arouse at last a forbearing people, had not yet occurred;
but it was at hand. Fort Sumter had not been openly assailed; but the
hostile batteries were ready, and the hostile guns were pointed, simply
waiting the word of Rebel command, not yet given.
* * * * *
Precisely at this moment, on the 1st of March, 1861, Jesse D. Bright,
at the time a Senator of the United States, addressed the following
letter to the chief of the Rebellion.
“WASHINGTON, March 1, 1861.
“MY DEAR SIR,--Allow me to introduce to your acquaintance my
friend Thomas B. Lincoln, of Texas. He visits your capital
mainly to dispose of what he regards a great improvement in
fire-arms. I commend him to your favorable consideration, as a
gentleman of the first respectability, and reliable in every
respect.
“Very truly yours,
“JESSE D. BRIGHT.
“To His Excellency, JEFFERSON DAVIS, “_President of the
Confederation of States_.”
And now, before considering the letter, look well at the parties and
their respective positions. It is written by a person at the time
Senator, and addressed to a person at the time chief of the Rebellion,
in behalf of an unknown citizen, owner of a great improvement in
fire-arms. It is proper to mention, as additional facts which will
not be questioned, that the author had been for a long time in
notorious personal relations with the conspicuous authors of the
Rebellion, especially with Jefferson Davis and John Slidell,--that he
had notoriously sympathized with them in those barbarous pretensions
for Slavery which constitute the Origin and Mainspring of the
Rebellion,--and that he had always voted with them in the Senate. All
this is notorious; and if the old maxim, _Noscitur a sociis_, or,
according to our familiar English, “A man is known by the company he
keeps,” be not entirely obsolete, then this inquiry must commence with
a presumption against such an intimate associate of the Rebels. But,
while looking at the author, we must not forget the humble citizen
intrusted with the letter. It is a fact, as I understand, that he has
been since arrested for treason, and is now in the hands of the law,
charged with the highest crime known to justice, while the author
still occupies a seat in the Senate. Perhaps this is only another
illustration of the saying of Antiquity, that the law is a cobweb,
holding the weak, but which the powerful break through with impunity.
The agent is now in custody; the principal is yet in the Senate. So
much at present with regard to the parties.
Next comes the letter itself. And here mark, if you please, first,
the date, which is the 1st of March. This was at the very moment
when the Rebellion was completely organized, and had assumed at all
points the undisguised front of war. By various acts of violence it
had forcibly dispossessed the National Government of all its military
posts in the whole extensive region, except Fort Sumter and Fort
Pickens, which it held in siege,--while, by other formal acts, it had
assumed to dispossess the National Government of all jurisdiction,
civil or military, throughout this region. That such acts constituted
“levying of war,” within the meaning of the Constitution, is too plain
for argument. This phrase, borrowed from the early statute of Edward
the Third, has received positive interpretation in the country of its
origin, according to which its meaning is clear. There is no better
authority than Sir William Blackstone, who, when considering what is
“levying of war,” says: “This may be done by taking arms, not only
to dethrone the king, but under pretence to reform religion or the
laws, or to remove evil counsellors, or other grievances, whether
real or pretended: for the law does not, neither can it, permit any
private man or set of men to interfere forcibly in matters of such high
importance.”[129] And Lord Mansfield, Chief-Justice of England, on the
trial of Lord George Gordon, declared it to be “the unanimous opinion
of the Court, that an attempt, by intimidation and violence, to force
the repeal of a law, was a levying war against the king, and high
treason.”[130] I quote these authorities simply that this statement
may not rest at any point on my assertion. At the date of this letter,
then, there was actual levying of war by Jefferson Davis and his
associates against the Government of the United States. And let me add,
that this levying of war was not merely that moderate constructive
levying of war described by Blackstone, but open, earnest, positive
war, backed by armies and by batteries.
You will next observe the address of this letter. It is “To His
Excellency, Jefferson Davis, President of the Confederation of States.”
Bestowing upon this Pretender the title of “His Excellency,” the author
certainly exhibits a courtesy--at least in form--which usage does not
allow the President of the United States. It is well known, that, at
the organization of the Government, the title of “Excellency,” together
with all other titles, was, after debate, carefully rejected for our
Chief Magistrate; but the author of this treasonable letter will not
deny anything to the Chief of the Rebellion. His profusion appears
at once, and his first words become a confession. Not by titles of
courtesy do loyal Senators address a traitor. There has been a King of
England who on one occasion was called only Charles Stuart, and there
has been a King of France who on one occasion was called only Louis
Capet; and these great instances show how even the loftiest and most
established titles are refused, where treason is in question. Titles
are sometimes insincere; but a title voluntarily bestowed testifies
at least to the professions of him who bestows it. It is a token of
respect, and an invitation to good-will, proceeding directly from the
author. And in this spirit was this letter begun.
Not content with bestowing upon this Pretender a title of courtesy
denied to our own President, the author proceeds to bestow upon him a
further title of office and of power. He addresses him as “President
of the Confederation of States,”--meaning the very States then engaged
in levying war upon the National Government. So far as this author can
go, just to the extent of his authority, the Pretender is recognized as
President, and the Rebel States are described by the very title which,
in defiance of the National Government, they assume. Our own Government
steadfastly refuses this recognition. Foreign nations thus far follow
substantially the policy of our own Government; but the author of this
letter, at the time Senator, makes haste to offer recognition.
Perhaps this double criticism on the address of the letter may
seem unimportant. It might be so, if the address had been used in
conversation or debate, although then it would be tolerable only if
used in derision. But it becomes important, when used directly to the
Pretender himself; for then it signifies respect and recognition, while
it discloses the mood of the author.
Look next at the contents, or the letter itself, and all that
is implied in the address you will find painfully verified. The
disloyalty which crops out in titles of courtesy and recognition
becomes full-blown in the letter itself, whether we regard its general
character or its special import; and I shall now consider these in
their order.
In general character the letter is correspondence with a public
enemy, in open war with our own country; or rather let me say it
is correspondence with a public rebel. It is obvious that all
correspondence of such a character, even without considering its
special import, is open to suspicion. Throughout history it has been
watched with jealous judgment, as in the cases of Bolingbroke and
Atterbury in England, of Pichegru and Fouché in France. Tried even
by those technical rules which in the present inquiry we reject, it
may help to complete the evidence of treason itself. The well-chosen
language of the Constitution, borrowed from an early resolution of the
Continental Congress, by whom it was borrowed from the early English
statute, authorizes this conclusion. According to the Constitution,
“Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and
comfort.” Here are two classes of cases: the first is levying war,
which Jefferson Davis, as we have already seen, was notoriously doing
at the date of this letter; and the second is adhering to enemies,
giving them aid and comfort. Even if mere correspondence with an enemy
would not bring the author within the scope of these words, clearly
and beyond all question such correspondence is calculated to give at
least moral aid and comfort to the enemy. Nor is it to be disregarded
on this occasion, even if it does not reach the technical requirement
of treason. If we listen to the Supreme Court of the United States in
the case of Bollman, we find this tribunal declaring, that, “if war be
actually levied, that is, if a body of men be actually assembled for
the purpose of effecting by force a treasonable purpose, _all those who
perform any part, however minute, or however remote from the scene of
action_, and who are actually leagued in the general conspiracy, are
to be considered as traitors.”[131] Assuming the previous league, it
cannot be doubted that an act of sympathy and friendship, though minute
or remote, extended to persons in rebellion, would be evidence to bring
the offender within the cautious grasp of the Constitution, even on
technical grounds. If in the present case there was no previous league,
there was at least a previous and most notorious fellowship, kindred to
a league, by which the author was morally linked to the conspirators.
But the letter in question is a letter of sympathy and friendship,
from beginning to end,--such a letter as only one friend could write
to another friend. Dated at Washington on the 1st of March, it was
calculated, if received by the Pretender, to give him hope and
confidence, by inspiring the idea that here in the Senate Chamber there
was at least one person still wearing this high trust, who, forgetting
all that was due to his country, and forgetting all that was due to
the Rebellion, reached forth his hand in friendly salutation. Dated
at Washington on the 1st of March, it was calculated, if received, to
awaken doubt of the loyalty of the Senate itself, and to encourage
belief that here, in this sanctuary of the Constitution, treason
might hatch undisturbed. So are we all knit together, that we are
strengthened by human sympathy; and the Pretender would have felt new
vigor, as the strength of the American Senate was transfused through
the declared sympathies of an acknowledged member. The patriot soul
recoils from the ancient traitor who flashed a signal torch from a
beleaguered citadel; but one of our own number, who yet sits among us,
has done this very thing.
Such is the necessary conclusion with regard to this letter, if we look
at its general character. But when we consider its special import,
the conclusion is still more irresistible. The letter clearly comes
within the precise text of the Constitution. It is flat treason. I use
no soft words, for the occasion does not allow it. Adhering to the
enemy, giving them aid and comfort, must be proved by some overt act,
of which Blackstone states the following instances: “As by giving them
intelligence, by sending them provisions, _by selling them arms_, by
treacherously surrendering a fortress, _or the like_.”[132] Such are
precise words of this authority, and I do not stop to enforce them.
But this letter is an overt act of adherence, giving aid and comfort,
identical with the instances mentioned by Blackstone. Read it. “Allow
me to introduce to your acquaintance,” so says the letter, “_my friend_
Thomas B. Lincoln, of Texas.” The bearer of the letter is commended as
a friend of the writer: but a friend is something more than associate
or confederate; he is almost part of one’s self. Thus accredited, his
errand is next announced: “He visits _your capital_ mainly to dispose
of what he regards a great improvement in fire-arms.” Mark the words
“your capital.” Such is the language of an American Senator, writing
to the Pretender, whose standard of Rebellion was then flying at
Montgomery, in Alabama, which is thus deferentially designated as _his_
capital. Observe next the declared object of the visit. It is “to
dispose of what he regards a great improvement in fire-arms.” Thus does
an American Senator send actual, open, unequivocal aid to the Chief
of the Rebellion. It is true, he does not send him rifles or cannon;
but he sends him “a great improvement in fire-arms,” through which
rifles and cannon and other instruments of death, then preparing to be
employed by Rebel hands against the patriot armies of the Republic,
might be made more deadly. What are a few rifles, or a few cannon,
by the side of such a comprehensive gift? When France, through the
disguised agency of a successful dramatist,[133] sent ordnance and
muskets to our Revolutionary fathers, she mixed herself positively in
the contest, and, under the Law of Nations, Great Britain was justified
in regarding her conduct as an act of war. And when an American
Senator, without disguise, sends “a great improvement in fire-arms” to
the Rebel chief, then engaged in levying war against his country, he
mixes himself in the Rebellion, so that under Municipal Law he is a
traitor. This conclusion is harsh, and I state it painfully; but it is
according to the irresistible logic of the law and the facts.
But the letter contains other language to aggravate its guilt. Not
content with sending the “great improvement in fire-arms,” the bearer
is thus accredited to the Rebel chief: “I commend him to your favorable
consideration, as a gentleman of the first respectability, and reliable
in every respect.” An American citizen going forth on an errand of
treason is thus exalted by an American Senator. The open traitor is
announced as “a gentleman of the first respectability.” This is much
to say of anybody; it is too much to say of an open traitor. But he
is “reliable in every respect.” All language is to be construed with
reference to the matter which it concerns. The bearer of this letter,
going forth on an errand of treason, is “reliable in every respect”;
and as the universal contains the special, he is reliable especially
for the purposes of his treason: and this is the commendation which he
bears to the Rebel chief from an American Senator.
Such a letter naturally begins, “My dear Sir,”--for the Chief of the
Rebellion is evidently dear to the writer. That such a letter should
be signed, “Very truly yours, Jesse D. Bright,” is natural also, and
the words are not mere form. The author evidently, according to the
contents of the letter,--as appears alike in its general character
and its special import,--belongs to the Rebel chief, and is one of
his “own.” In writing to the Rebel chief, he honestly begins, “My
dear Sir,” and honestly closes, “Very truly yours”; but a person
thus beginning and thus closing a letter of treason, volunteered to
the declared enemy of his country, can hardly expect welcome to the
confidential duties of this body.
* * * * *
Of course, in this inquiry, I assume the genuineness of the letter. If
this letter were to be considered on technical grounds, the evidence
would not be disdained even under the conservative words of our
Constitution, according to which “no person shall be convicted of
treason, unless on the testimony of two witnesses to the same overt
act, _or on confession in open court_.” We have had the confession
of the writer in open Senate, following similar confession in a
supplementary letter, to which reference has been made in this debate.
There can be no doubt on this point, and the writer must stand or
fall by this letter, unless something has occurred since which can be
accepted in extenuation of the unfortunate transaction.
It is true that the bearer of the letter was not able to present
it. Before consummating his errand of treason, he was arrested by
the watchful officers of the law, and, as we have already seen,
is now in custody. The agent is in the hands of the law, while we
debate on the seat of his principal. At the risk of introducing a
superfluous topic, I cannot forbear adding that the crime of the
principal was perfect when he wrote the letter and delivered it to
his agent. It was expressly decided in England long ago, that a
treasonable communication, “though intercepted, is an overt act of
treason”; and this early principle was repeated by the Court of King’s
Bench, speaking by the voice of Lord Mansfield, in the case of Dr.
Hensey,[134] and again by the same court, under Lord Kenyon, in the
case of William Stone.[135] It is completely applicable to the present
case, even if our inquiry proceeded on technical grounds.
* * * * *
But the history of the transaction is not yet complete. Other incidents
have occurred since, which are strangely offered in extenuation of
the original crime. At the arrest of the agent, towards the close
of last summer, the letter was found among his papers. Of course it
excited much attention and some feeling. This was natural. At last the
author, who still sits among us, addressed a second letter to his late
colleague in this body [Mr. FITCH].
MR. BRIGHT (_from his seat_). It was not to my late colleague;
it was to another Mr. Fitch.
MR. SUMNER. Very well. The letter, dated “At my Farm, September 7,
1861,” proceeds as follows: “The letter to which you refer is no doubt
genuine. I have no recollection of writing it; but if Mr. Lincoln,”
the bearer of the letter, “says I did, then I am entirely satisfied
of the fact; for I am quite sure I would have given, as a matter of
course, just such a letter of introduction to any friend who had asked
it.” Thus, as late as the 7th of September, in the retirement of his
farm, the original letter was approved and sanctioned. I would not
exaggerate the effect of this second letter, as I need not exaggerate
any point in this unhappy case; but, in view of the character of the
original letter, the second letter can only be considered as marking
either stolid hardihood of guilt or stolid insensibility to those rules
of duty without which no man can be a good citizen; but either way, it
only adds to the offensive character of the original transaction, and
makes the duty of the Senate more plain.
I do not dwell on other topics of this second letter, because, though
exhibiting bad temper and bad principles, they do not necessarily
conduct to treason. The author is welcome to express “utter contempt
for Abolitionism,” and also to declare his early and constant
opposition to what he calls “the entire coercive policy of the
Government.” Such declarations may render him an unsafe counsellor, but
they do not stamp him as traitor. And it belongs to us, while purging
this body of disloyalty in all its forms, to maintain at all hazards
that freedom of speech which is herald and safeguard of all other
freedom.
There is other testimony which aggravates the case still further. Not
content with writing the traitorous letter, on the 1st of March, 1861,
not content with approving and sanctioning this letter on the 7th of
September, the author very recently rose in the place yet conceded to
him in this Chamber, and deliberately said: “I have done nothing that I
would not do over again under the same circumstances, and that I am not
prepared to defend here or elsewhere.”[136] These words were uttered on
this floor, in debate on another case which occurred as late as the 7th
of January of this year. Thus was the original act of the 1st of March
again affirmed, and the relations existing at that time with the Rebel
chief proclaimed and vindicated; and all this in the American Senate,
without a blush. Alas for that sensitive virtue which is the grace and
strength alike of individuals and of communities! Surely it was wanting
in him who could thus brave a just judgment: I fear it was wanting also
in ourselves, when he was permitted to go without instant rebuke.
* * * * *
But I hear the suggestion, that at the date of this letter war was not
yet flagrant, and that the author did not anticipate an actual conflict
of arms. The first part of this suggestion is notoriously false. War
had already begun, in the seizure of forts, and in the muster of Rebel
armies; nay, more, in the very presence of the author, the gage of
battle was flung down on this floor by Senators leaving to take part
in the Rebellion. This has been unanswerably shown by the Senator from
Minnesota [Mr. WILKINSON]. But the second part of the suggestion
attributes to the author an ignorance of the well-known condition
of things, inconsistent with his acknowledged intelligence. If the
progress and development of the Rebellion had been in secret, if it
had been masked by an impenetrable privacy, if it had been shrouded in
congenial darkness, then this apology might be entitled to attention.
But the Rebellion was open and complete; and on the 1st of March it
was armed from head to foot, and in battle array against the National
Government. Such was the actual condition of things, patent, certain,
conspicuous to the whole country. And permit me to say that any apology
now offered on pretext of ignorance shows simply a disposition to evade
a just responsibility at any hazard of personal character.
I note the further suggestion, that the letter was written in
carelessness, or in heedlessness, if you please, and without
treasonable intent. Of course such a suggestion must be futile; for
every man is presumed to know the natural consequences of his conduct.
This is the rule of law, and the rule of patriotism. No man can be
admitted to set up any carelessness or heedlessness as apology for
treason. And I doubt not you will all agree with me, that a patriot
Senator cannot be careless or heedless, when his country is in peril.
But I catch yet another suggestion, that this letter is trivial and
insignificant to justify the condemnation of a Senator. Then, indeed,
is disloyalty trivial; then is treason itself trivial. It is true,
the letter is curt; it contains a single short paragraph only; but I
have yet to learn that crime is measured by paragraphs or sentences,
and that treason may not be found in a few words as well as in many.
True, also, the letter is familiar in tone; but treason is a subtle
wickedness, which sometimes stalks in state and sometimes shuffles in
homely disguise. It is our duty to detect and to judge it, whatever
form it takes.
* * * * *
Mr. President, let me not be unjust,--let me not lean even ungently
against an offender; but you will pardon me, if I add, that against
precise testimony, and in the face of unquestioned facts, I can find
little in any present professions of loyalty to be accepted even in
extenuation of the offence. The duty of the Senate depends upon former
conduct, and not upon present professions. It is difficult to imagine
any present professions which can restore the confidence essential
to the usefulness of a Senator. It is in the hour of trial and doubt
that men show themselves as they are, laying up for the future weal or
woe,--and not afterwards, when all temptation to disloyalty is lost
in the assured danger it must encounter, and when all positions have
become fixed by events. Nor do I forget that mere professions have
too often been a cover for falsehood. I refer again to the story of
Benedict Arnold. After making his escape from the fort which he was
about to betray, and finding shelter on board the British frigate, the
Vulture, then swimming in the North River, he addressed a letter to
General Washington, which begins as follows.
“ON BOARD THE VULTURE, 25 September, 1780.
“SIR:--The heart which is conscious of its own rectitude
cannot attempt to palliate a step which the world may censure
as wrong. I have ever acted from a principle of love to my
country, since the commencement of the present unhappy contest
between Great Britain and the Colonies: the same principle of
love to my country actuates my present conduct, however it may
appear inconsistent to the world, who very seldom judge right
of any man’s actions.”[137]
Perhaps these very words might now be repeated by the person whose seat
is in question. He may not fancy being classed with Benedict Arnold;
but the professions of that fugitive traitor are identical with the
professions to which we have listened on this floor. There is still
another letter to General Washington from the same quarter, only a few
days later, that is equally suggestive. Arnold protests against the
arrest and impending execution of Major André, who, he says, acted
under his directions, and his promise of protection; and he adds, “As
commanding officer in the department, I had an undoubted right to
transact all these matters,”[138]--precisely as the person whose seat
is in question avers in letter and debate that he had undoubted right
to open that traitorous correspondence with the Chief of the Rebellion.
But I proceed no further with this parallel.
Sir, if the present question were to be decided on grounds of sympathy,
it would be pleasant to record our names so as to give the least
personal pain. But we should act weakly and ignobly, if on any such
ground we failed in the double duty now so urgent,--first, to the
Senate, of which we are members, and next, to that country which has a
right to our truest and most unhesitating devotion. If there be among
us any person still enjoying the confidential trusts, legislative,
diplomatic, and executive, of this Chamber, who, since Rebellion
hoisted its flag and pointed its cannon, has failed in that loyalty
which is an inviolable obligation,--even though his offence may not
have the deepest dye of treason,--he is unworthy of a seat in the
Senate; and be assured, Sir, that our country, which knows so well how
to pardon all that is pardonable, expects that no such person, whatever
his present professions, shall be recognized any longer as Senator.
Do not hesitate, then. The case is clear, and impartial history will
so record it. No argument, no apology, no extenuation can remove
or mitigate its requirements. There is a courage which belongs to
this peaceful Chamber as much as to the battle-field, and now is the
occasion for it. Above all, let no false tenderness substitute sympathy
for judgment; and remember well, that, while casting out a faithless
Senator, you will elevate the Senate and inspire the country.
Mr. Sumner was followed on the same day by Mr. Lane, of
Indiana, colleague of Mr. Bright, and then by Mr. Bright
himself, who was especially bitter in allusion to him, alleging
personal difference as the motive of his conduct. Mr. Sumner
replied at once to this imputation.
MR. PRESIDENT,--The Senator from Indiana [Mr. BRIGHT], in the speech
he has just made, referred to his personal relations with myself, and
intimated, if he did not charge, that there had been some personal
question or difference between us. Sir,----