MR. BRIGHT. Mr. President,----

MR. SUMNER. Excuse me.

MR. BRIGHT. I intimated no such thing, Sir.

MR. SUMNER. Let me finish. Sir, that is not the fact. Since I have

been a member of this body, now more than ten years, it has been my

fortune to mix in the debates on important public questions. On these

occasions I have encountered, as the record shows, the opposition of

that Senator, and of his constant associates in this body, all of them

now in open rebellion. With the Senator and his constant associates I

never had personal question or difference. Therefore, when the Senator

asserts any such thing, or suggests it, he goes entirely beyond the

record, and I could not allow the debate to close to-night without

interposing my positive denial.

Sir, I have approached this painful question free from all personal

prejudice. I have no feeling against the Senator. There has been

nothing in our past relations to turn the scales by a feather’s weight.

The speech of Mr. Bright, to which allusion is made, does not

appear in the official report. It was taken down and written

out by the reporters, and then submitted to Mr. Bright, who

never returned the manuscript. At the proper place in the

_Congressional Globe_,[139] where the speech should be, is the

following: “Mr. Bright next addressed the Senate. [His speech

will be published in the Appendix.]” It is not found in the

Appendix, which is explained by the following in the Index for

the Session, under the name of JESSE D. BRIGHT: “The manuscript

of the speech referred to on page 418 was retained by Mr. B.”

So that the speech was suppressed by him.

February 4th, after several others had spoken, Mr. Sumner spoke

again as follows.

MR. PRESIDENT,--This debate is about to close; but before the vote is

taken I wish briefly to review it, and to show again that there is but

one conclusion which can truly satisfy the Senate or the country. If

your last judgment in this case were not of incalculable importance

both for the Senate and the country, helping to elevate the one and to

inspire the other, I should not venture again to claim your attention.

Such a precedent, so fruitful in good influences, should be completely

commended and vindicated, that it may remain forever a commanding

example.

Among all who have spoken, we naturally yield precedence on this

occasion to the Senator from Indiana [Mr. BRIGHT]. His speech was

not long, but it afforded ample ground for regret, if not for

condemnation. It showed offensively the same spirit which is found in

the original letter; nor did it suggest anything in apology, except

that the bearer of the letter was his lifelong friend, and that, when

writing the letter, he did not dream of war: in other words, an act of

unquestionable disloyalty was put under the double cloak of lifelong

friendship and professed ignorance. The real condition of things was

not noticed, while he sought to serve a friend. Because the bearer of

the letter was his lifelong friend, and because the Senator did not see

war ahead, therefore he was justified in sending forth this lifelong

friend on an errand of disloyalty, ay, of treason itself, and of making

him the instrument of aid and comfort to an organized rebellion. Of

course such an argument shows weakness, and not strength; and the

very weakness out of which it sprung naturally became impassioned and

unjust. If any personal feeling could disturb that perfect equanimity

which with me, on this occasion, is a sentiment and a duty, I might

complain of that vindictive tone which broke forth, not only in

personal imputation, but also in menace that what I said on the case

of the Senator I dared not say again here or elsewhere; but I make

no complaint. It is sufficient for me that I spoke in the conscious

discharge of duty, and that I know of nothing in the vindictive tone

or in the menace of the Senator that can interfere with such duty, as

I understand it. Therefore I put aside what he has said, whether of

personal imputation, or of personal menace, or of argument; for they

all leave him worse than if he had continued silent.

I put aside also the elaborate argument, lasting for more than a whole

day, of the Senator from Kentucky [Mr. DAVIS], practically exalting

Slavery above the Constitution, and, while life is sacrificed and

property is taken, while great rights are trodden down and all human

energies are enlisted in defence of our country, insisting that Slavery

alone is too sacred to be touched. Sir, I put aside this argument,

because it is utterly out of place and irrelevant; and I trust it is

not my habit in debate to ramble from that straight line which is the

shortest way to the desired point. There is a time to sow and a time to

reap; and there will be a time to discuss the constitutional power of

Congress to end this Rebellion, even if, in so doing, it is constrained

to end Slavery itself.

I put aside, also, the suggestion of the Senator from New York [Mr.

HARRIS], to the effect that the Senator from Indiana is now on trial,

that our proceedings are judicial, and that the evidence before us

is insufficient to satisfy the requirements of such a case. Surely

this assumption proceeds on a mistake. The Senator from Indiana is

not on trial, in the ordinary understanding of that term; nor are

our proceedings judicial; nor is the evidence insufficient for the

case. Under the Constitution, each House, with the concurrence of two

thirds, may expel a member; but this large discretionary power is given

simply for the protection of the body in the exercise of an honest

and honorable self-defence. The Senate itself is on trial just as much

as the Senator; and permit me to say that the Senate will condemn

itself, if it allow any person to continue among its members who has

forfeited that peculiar confidence in his loyalty which is essential

to his usefulness as Senator. It is vain to say that the evidence is

insufficient. Technically and judicially it may be so; but according

to all legislative precedents and all the rules of common life it

is obviously sufficient, for it is beyond all practical doubt. My

friend from New York did not hesitate at this session to vote for the

expulsion of Breckinridge, of Polk, and of Johnson, without one scrap

of evidence that he would recognize as a judge on the bench. How can he

require evidence now which he did not require then?

I put aside, also, the argument of the Senator from Pennsylvania [Mr.

COWAN], so carefully and elaborately stated, to the effect that on

the 1st of March, when the disloyal letter was written, there was

no war actually existing between the Rebel States and the United

States. Even if this assumption were correct, even if the United

States were still hesitating what course to adopt, nothing is clearer

than this: the Rebel States were in rebellion,--organized, armed,

and offensive,--with the avowed purpose of overthrowing the National

Government within their borders; and such rebellion was, beyond all

question, a levying of war under the Constitution of the United States,

so that all adherence to it, giving aid and comfort, was treason

itself. But even if not disposed to admit actual levying of war on

the part of the Rebels,--though of this there can be no doubt,--there

was surely preparation and purpose so to do; and any contribution to

such preparation and purpose was disloyalty, if not treason. Clearly,

Jefferson Davis at that time was a traitor, at the head of traitors.

What, then, can be thought of a Senator who offered arms to him?

I put aside, also, the suggestion of the Senator from New Jersey [Mr.

TEN EYCK], founded on the language of the President in his inaugural

address of the 4th of March. It is true that the President spoke of

the Rebels in generous, fraternal words, such as became the Chief

Magistrate of a great people, not yet renouncing the idea of conquering

by kindness, and not forgetting that Leviathan was tamed by a cord.

But, whatever the language of the President, it is none the less clear

that the Rebellion at that very moment was completely organized by a

succession of overt acts, which fixed the treasonable position of its

authors, and especially of its chief, to whom the letter offering arms

was addressed.

I put aside, also, the argument of the Senator from California [Mr.

LATHAM], especially that part founded on the tolerance shown to

treason, when uttered here by the retiring Rebels. Nobody questions

that treason was uttered on this floor, or that treasonable counsels

went forth from this Chamber. But the Senate was then controlled by

the associates of the Senator of Indiana, and it was not in our power

to check or chastise the traitors. It is within the recollection of

many that those utterances were heard on this side of the Chamber,

not only with indignant patriotism, but with bitter, stinging regret

at the abject condition of the Senate, then so entirely in the hands

of traitors that we were obliged to hear in silence. Surely such

utterances, wicked with treason, constituting the very voice of the

Rebellion, cannot be an apology for the disloyal letter of the Senator;

nor can silence, when we were powerless to act, be any argument for

silence now that power and responsibility are ours.

I agree with the Senator from Illinois [Mr. BROWNING], that the whole

conduct and declaration of the author may be legitimately employed to

elucidate the character of this letter; but I found no supplementary

charge on such conduct or declaration. Others may use the argument that

the Senator has declared himself against coercion of the Rebel States,

or that he has refused to vote the necessary means for the suppression

of the Rebellion; but I use no such argument. Much as I lament such a

course, and justly obnoxious as I regard it, yet I cannot consider it

as an argument for expulsion of the Senator. Freedom of debate is among

the triumphs of modern civilization; and it shall never be impaired

by any vote or word of mine. To this freedom I have held fast, when

almost alone in this body; and what I have steadily vindicated for

myself against all odds I shall never deny to another. Therefore, if

I am the judge, there is no Senator who will not always be perfectly

free to speak and vote as he thinks best on every question that shall

legitimately arise; but beyond this immunity he must not go. He shall

not talk treason; he shall not parley with rebellion; he shall not

address to it words of sympathy and good-will; especially, he shall not

recognize its chief in his pretended character of President, nor shall

he send him improved fire-arms to be employed in the work of treason.

Putting aside all these considerations, the case against the Senator

from Indiana is clear. All apologies, all excuses, utterly fail. It

is vain to say that the bearer of the letter was his lifelong friend,

as it is vain to say, also, that the Senator did not dream that

there would be war. The first apology is as feeble as the second is

audacious. If the Senator did not dream that there would be war, then

why send arms to the chief of the Rebellion? To Jefferson Davis as a

private citizen, to Jefferson Davis as a patriot Senator, there was no

occasion or motive for sending arms. It was only to Jefferson Davis as

chief of the Rebellion that arms could be sent; and to him, in that

character, they were sent. But even if the Rebellion were not at that

time manifest in overt acts,--as it clearly was,--still the sending

of arms was a positive provocation and contribution to its outbreak,

especially when the arms were sent by a Senator. And now, at the risk

of repetition, I say again, it is not necessary that the war should

have been commenced on the part of the United States. It is enough,

that, on the part of Jefferson Davis, at the date of the letter, there

was actual levying of war, or, at least, a purpose to levy war; and in

either of these two cases, the latter as well as the former, the guilt

of the Senator offering arms is complete,--call it treason, or simply

disloyalty, if you will.

It is vain that you seek to surround the Senatorial letter-writer with

the technical defences of a judicial tribunal. This will not do. They

are out of place. God grant, that, in the administration of justice,

a citizen arraigned for his life may always be presumed innocent till

he is proved guilty! But, while zealously asserting this presumption

in a criminal trial, I utterly deny it in the present case. The two

proceedings are radically unlike. In the one we think most of the

individual; in the other we think most of the Senate. The flag-officer

of a fleet, or the commander of a garrison, when only suspected of

correspondence with the enemy, is without delay deprived of command;

nor can any technical presumption of innocence be invoked in his

defence. For the sake of the fleet, for the sake of the garrison, which

must not be betrayed, it is your duty to see that he is deprived of

command. Nor can a suspected Senator, with all his confidential trusts,

legislative, diplomatic, and executive, expect any tolerance denied to

a suspected flag-officer, or to a suspected commander of a garrison. If

not strong, pure, and upright in himself, he must not expect to find

strength, purity, and uprightness in any presumption of innocence,

or in any technical rule of law. For the sake of the Senate, he must

be deprived of his place. Afterwards, should he be arraigned at law,

he will be allowed to employ all the devices and weapons familiar to

judicial proceedings.

There is another illusion into which the Senator has fallen; and it

seems to me that the Senator from New York, and perhaps other Senators,

have followed him. It is the assumption, that, in depriving the Senator

of his seat, we take from him something that is really his. This is

a mistake. A Senator is simply a trustee. The Senator is trustee for

Indiana. But his fidelity as trustee is now drawn in question; and

since no person is allowed to continue as trustee whose character

is not above suspicion,--inspired _uberrimâ fide_, according to the

language of the law,--the case of the Senator should obviously be

remanded to the State for which he still assumes to act. Should he

be wronged by expulsion, then will that State promptly return him

to his present trust, and our judgment will be generously reversed.

The Senator has no right for himself here; he does not represent

himself; but he represents his State, of which he is the elected,

most confidential trustee; and when his fidelity is openly impeached,

there is no personal right which can become his shield. Tell me not

of the seat of the Senator. Let the Senator be cautious in language.

By courtesy the seat may be his; but in reality the seat belongs to

Indiana; and this honored State, unsurpassed in contributions to the

patriot armies of the Republic, may justly protest against longer

misrepresentation on this floor by a disloyal Senator.

But the Senator from Pennsylvania [Mr. COWAN] exclaims--and the

Senator from New York follows him--that the offence of the Senator is

“treason or nothing.” For myself, I have no hesitation in expressing

the conviction that it is treason. If it be not treason in a Senator

to send arms to an open traitor, whom he at the same time acknowledges

in his traitorous character, then it were better to blot out the

crime of treason from our statute-book, and to rase its definition

from the Constitution. Sir, it is treason. But even if not treason

according to all the technical requirements of that crime, obviously

and unquestionably it is an act of disloyalty so discreditable,

so unworthy, and so dangerous as to render the duty of the Senate

imperative. Is it nothing that the Senator should write a friendly

letter, make open acknowledgment, and offer warlike aid to a public

traitor? Is it nothing, that, sitting in this Chamber, the Senator

should send to the chief of the Rebellion words of sympathy and arms

of power? Is it nothing that the Senator should address the traitor

in terms of courtesy and official respect? Is it nothing that the

Senator should call the traitor “His Excellency,” and should hail him

“President of the Confederation of States”? And is it nothing that

the Senator should offer to the traitor thus addressed what of all

things he most coveted, to be turned against the Constitution which the

Senator has sworn to support?

“Is this nothing?

Why, then the world, and all that’s in ’t, is nothing;

The covering sky is nothing: …

… nor nothing have these nothings,

If this be nothing.”

Sir, the case is too plain for argument. You cannot argue that two

and two make four, that a straight line is the shortest distance

between two points, or that the sun shines in the sky. All these are

palpable to reason or to sense. But, if I did not see before me honored

Senators, valued friends, who think otherwise, I should say that to the

patriot soul it is hardly less palpable that a Senator, acknowledging

in friendly correspondence the chief of a Rebellion set on foot in

defiance of the United States, and sending to him arms, whose only

possible use was in upholding the Rebellion, has justly forfeited that

confidence which is as much needed as a commission to assure his seat

in this Chamber. The case is very plain, and we have taken too much

time to consider it. We have been dilatory when we ought to have been

prompt, and have hearkened to technical defences when we should have

surrendered to that indignation which disloyalty is calculated to

arouse.

The Senator from New Hampshire [Mr. CLARK] has reminded us--as John

Quincy Adams reminded another generation--of that beautiful work of

Art in the other wing of the Capitol, where the Muse of History, with

faithful pen, registers the transactions of each day, and he trusted

that over against the record of past disloyalty another page might beam

with the just judgment that followed. But there is another work of Art,

famous as Art itself, and proceeding from its greatest master, which

may admonish us precisely what to do. The ancient satrap Heliodorus,

acting in the name of a distant sovereign, entered that sumptuous

temple dedicated to the true God, where stood the golden candlesticks

and hung the veil which was yet unrent, and profanely seized the

riches under protection of the altar itself, when suddenly, at the

intercession of the high priest, an angelic horseman armed with thongs

is seen to dash the intruder upon the marble pavement, and to sweep him

with scourges from the sacred presence. Now that disloyalty, in the

acknowledged name of a distant traitor, intrudes into this sanctuary

of the Constitution, and insists upon a place at our altar, there

should be indignant chastisement, swift as the angelic horseman that

moves immortal in the colors of Raffaelle. In vain do you interpose

appeals for lenity or forbearance. The case does not allow them. I know

well the beauty and the greatness of charity. For the Senator I have

charity; but there is a better charity due to the Senate, whose solemn

trusts are in jeopardy; and even if you do not accept completely the

saying of Antiquity, which makes duty to country the great charity

embracing all other charities, you will not deny that it is at least a

commanding obligation, by the side of which all that we owe the Senator

is small. And, Sir, let us not forget, let the precious example be

present in our souls, that He who taught the beauty and the greatness

of charity was the first to scourge the money-changers from the temple

of the Lord.

Mr. Davis, of Kentucky, followed. Some of his words are quoted,

from their bearing on Mr. Sumner’s opposition to Slavery.

“The gentleman shakes his imperial locks like a Jove, and

menaces death and destruction to Slavery. I thank my stars

that the gentleman is not yet the Jove of this land, nor

the Jove of this Senate either. There are minds as exalted

and as cultivated as his, and there are wills as patriotic

and as true to the Constitution and to the country as his,

and altogether independent of his; and it is to those minds

that I appeal, whenever a question involving the interests

of my constituents comes up here, not to the mind of the

gentleman from Massachusetts. I know, Sir, what fate would

await Slavery, if he could speak the fiat. He is, however,

but one member of this body.”

February 5th, after further debate, the final vote was taken on

the resolution of expulsion, and resulted in yeas 32, nays 14.

THE VICE-PRESIDENT. Upon this question the yeas are 32,

the nays are 14. More than two thirds having agreed to the

resolution, it is passed. [_Applause in the galleries._]

THE VICE-PRESIDENT. Order! Order!

The Washington correspondent of a Northern journal described

the scene of the vote.

“All seemed to feel that they were acting, not for the

present only, but for coming time. The great crowd of

spectators filling every available spot, and the presence

of many of the members of the House, added to the

impressiveness of the scene. Amid breathless anxiety and

profound silence the roll-call commenced. For a time the

ayes and noes bore a doubtful proportion. Senator Willey,

having held his vote in abeyance till the last, had just

announced that he should vote against the expulsion,

and Senator Carlile, who had been generally supposed to

favor the resolution, also joined his colleague among

the noes. As the vote proceeded, the ayes became almost

uninterrupted, and we were prepared for the result. A few

moments more and the event was over,--felt by those who

witnessed it to be scarcely less solemn than the infliction

of death itself, and which will probably be cited in

precedent when all its spectators shall have long been

dust.”

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