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Charles Sumner: his complete works, volume 13 (of 20)

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Title: Charles Sumner: his complete works, volume 13 (of 20)

Author: Charles Sumner


        
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*** START OF THE PROJECT GUTENBERG EBOOK CHARLES SUMNER: HIS COMPLETE WORKS, VOLUME 13 (OF 20) ***

                    [Illustration: JAMES G. BLAINE]

                Statesman Edition             VOL. XIII

                            Charles Sumner

                          HIS COMPLETE WORKS

                           With Introduction
                                  BY
                       HON. GEORGE FRISBIE HOAR

                            [Illustration]

                                BOSTON
                            LEE AND SHEPARD
                                  MCM

                           COPYRIGHT, 1874,
                                  BY
                      FRANCIS V. BALCH, EXECUTOR.

                           COPYRIGHT, 1900,
                                  BY
                           LEE AND SHEPARD.

                          Statesman Edition.
                    LIMITED TO ONE THOUSAND COPIES.
                           OF WHICH THIS IS
                                No. 565

                            Norwood Press:
                        NORWOOD, MASS., U.S.A.




CONTENTS OF VOLUME XIII.


                                                                       PAGE

    A REPUBLICAN FORM OF GOVERNMENT OUR FIRST DUTY AND THE
    ESSENTIAL CONDITION OF PEACE. Bills and Resolutions in the
    Senate, at the Opening of the Session of Congress,
    December 4, 1865                                                      1

    COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA. Bill in the
    Senate, December 4, 1865                                              5

    IMPARTIAL JURORS FOR COLORED PERSONS. Bill in the Senate,
    December 4, 1865                                                     10

    OATH TO MAINTAIN A REPUBLICAN FORM OF GOVERNMENT IN THE REBEL
    STATES. Bill in the Senate, December 4, 1865                         12

    PART EXECUTION OF THE GUARANTY OF A REPUBLICAN FORM OF
    GOVERNMENT. Bill in the Senate, December 4, 1865                     14

    EQUAL RIGHTS OF COLORED PERSONS TO BE PROTECTED BY THE NATIONAL
    COURTS. Bill in the Senate, to enforce the Constitutional
    Amendment abolishing Slavery, December 4, 1865                       16

    REPRESENTATION ACCORDING TO VOTERS. Joint Resolution in the
    Senate, to amend the Constitution, December 4, 1865                  19

    SCHEME OF RECONSTRUCTION ON THE BASIS OF EQUAL RIGHTS. Bill in
    the Senate, to enforce the Guaranty of a Republican Form of
    Government in Certain States, December 4, 1865                       21

    ADOPTION OF THE CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY.
    Concurrent Resolutions in the Senate, declaring the Adoption,
    December 4, 1865                                                     30

    FIVE CONDITIONS OF RECONSTRUCTION. Resolutions in respect to
    Guaranties of the National Security and the National Faith,
    December 4, 1865                                                     33

    RIGHTS OF LOYAL CITIZENS, AND A REPUBLICAN GOVERNMENT.
    Resolutions in the Senate, declaring the Duty of Congress,
    December 4, 1865                                                     35

    THE LATE SENATOR COLLAMER. Speech in the Senate, on his Death,
    December 14, 1865                                                    38

    “WHITEWASHING” BY THE PRESIDENT. Remarks in the Senate, on a
    Message of President Johnson on the Condition of the Southern
    States, December 19, 1865                                            47

    ENFRANCHISEMENT AND PROTECTION OF FREEDMEN. ACTUAL CONDITION OF
    THE REBEL STATES. Speech in the Senate, on a Bill to maintain
    Freedom in those States, December 20, 1865                           55

    THE WHITES _vs._ COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA.
    Remarks in the Senate, on presenting a Petition from Citizens
    of the District, December 21, 1865                                   98

    PROTECTION OF THE NATIONAL DEBT, AND REJECTION OF EVERY REBEL
    DEBT. Constitutional Amendment in the Senate, January 5, 1866        99

    KIDNAPPING OF FREEDMEN. Remarks in the Senate, on a Resolution
    of Inquiry, January 9, 1866                                         101

    THE LATE HENRY WINTER DAVIS. Article in the New York
    Independent, January 11, 1866                                       104

    DISFRANCHISEMENT INCONSISTENT WITH REPUBLICAN GOVERNMENT.
    Remarks in the Senate, on the Credentials of a Senator from
    Florida, January 19, 1866                                           109

    IMPANELLING OF JURIES, AND TRIAL OF JEFFERSON DAVIS. Remarks in
    the Senate, on a Bill removing Certain Objections to Jurors,
    January 22, 1866                                                    111

    CARRYING OUT THE GUARANTY OF REPUBLICAN GOVERNMENT, AND
    ENFORCEMENT OF THE PROHIBITION OF SLAVERY. Joint Resolution in
    the Senate, February 2, 1866                                        113

    THE EQUAL RIGHTS OF ALL: THE GREAT GUARANTY AND PRESENT
    NECESSITY, FOR THE SAKE OF SECURITY, AND TO MAINTAIN
    A REPUBLICAN GOVERNMENT. Speech in the Senate, on the
    Proposed Amendment of the Constitution fixing the Basis of
    Representation, February 5 and 6, 1866. With Appendix               115

    DIPLOMATIC RELATIONS WITH THE REPUBLIC OF DOMINICA. Bill in the
    Senate, February 6, 1866                                            270

    PROTECTION OF CIVIL RIGHTS. Remarks in the Senate, February
    9, 1866                                                             271

    THE CITY OF BOSTON AND MR. SUMNER. Letter to the Mayor of
    Boston, in Acknowledgment of a Resolution of the Board of
    Aldermen, March 5, 1866                                             280

    POLITICAL EQUALITY WITHOUT DISTINCTION OF COLOR. NO COMPROMISE
    OF HUMAN RIGHTS. Second Speech in the Senate on the
    Proposed Amendment of the Constitution fixing the Basis of
    Representation, March 7, 1866                                       282

    OPPOSITE SIDES ON THE MEANING OF THE PROPOSED CONSTITUTIONAL
    AMENDMENT. Final Speech in the Senate on this Amendment, March
    9, 1866                                                             338

    NO MORE STATES WITH THE WORD “WHITE” IN THE STATE CONSTITUTION.
    Speeches in the Senate, on the Bill for the Admission of the
    State of Colorado into the Union, March 12 and 13, April 17,
    19, and 24, and May 21, 1866                                        346

    OPPOSITION TO THE CONSTITUTIONAL AMENDMENT ON THE BASIS OF
    REPRESENTATION. Letter to the Boston Daily Advertiser, March
    15, 1866                                                            375




A REPUBLICAN FORM OF GOVERNMENT OUR FIRST DUTY AND THE ESSENTIAL
CONDITION OF PEACE.

BILLS AND RESOLUTIONS IN THE SENATE, AT THE OPENING OF THE SESSION OF
CONGRESS, DECEMBER 4, 1865.


    This session of Congress was occupied by Reconstruction,
    especially the question of suffrage for the colored race, with
    differences between Congress and President Johnson, culminating
    at the next Congress in his impeachment.

    Mr. Sumner, on the first day of the session, as soon as he
    could obtain the floor, introduced the following measures.

A bill to carry out the principles of a republican form of government
in the District of Columbia.

A bill to preserve the right of jury trial, by securing impartial
jurors in the courts of the United States.

A bill to prescribe an oath to maintain a republican form of government
in the Rebel States.

A bill in part execution of the guaranty of a republican form of
government in the Constitution of the United States.

A bill supplying appropriate legislation to enforce the Amendment to
the Constitution prohibiting Slavery.

A bill to enforce the guaranty of a republican form of government in
certain States whose governments have been usurped or overthrown.

A joint resolution proposing an Amendment to the Constitution of the
United States.

Concurrent resolutions declaring the adoption of the Constitutional
Amendment abolishing Slavery.

Resolutions declaring the duties of Congress in respect to guaranties
of the National Security and the National Faith in the Rebel States.

Resolutions declaring the duty of Congress, especially in respect to
loyal citizens in the Rebel States.

    This series of propositions attracted the attention of the
    country. Expressions of sympathy and gratitude were abundant.
    Colored fellow-citizens at Philadelphia addressed Mr. Sumner in
    earnest words.

                               “PHILADELPHIA, PA., December 6, 1865.

        “HON. CHARLES SUMNER:--

        “DEAR SIR,--At a large and enthusiastic meeting of the
        colored citizens of this city, held in the Philadelphia
        Institute this evening, the undersigned were charged with
        the duty of conveying to you, in behalf of twenty-five
        thousand disfranchised Americans here, their most heartfelt
        gratitude for the noble, fearless, patriotic stand taken
        by you at the opening of the present Congress. No day of
        our lives seems brighter than that upon which the foremost
        champion of Freedom boldly directs the attention of the
        nation to a series of clear, sound, statesmanlike measures
        looking to the complete enfranchisement of America.

        “We speak but faintly, though truthfully, when we say
        that four millions of Americans will ever cherish with
        the warmest gratitude of their hearts, and hand down as
        a precious legacy to their children, the name of Charles
        Sumner,--Charles Sumner, who has at all times and under all
        circumstances, even when friends faltered and foes exulted,
        stood firm, unflinching, immovable, _uncompromising_, on
        the rock of Justice and Liberty.

        “God bless the Christian gentleman and scholar, the ablest
        of American statesmen! God bless the noble, spotless man,
        Charles Sumner! is the fervent prayer of four millions of
        disfranchised Americans, not less than of

            “Yours, admiringly and sincerely,

                “EBENEZER D. BASSETT,[1]
                ISAIAH C. WEAR,
                NATHANIEL W. DEPEE.”

    Parker Pillsbury, the devoted Abolitionist, wrote at once from
    the office of the _Antislavery Standard_, in New York:--

        “No need of many words to-day. Your openings yesterday were
        sublime,--a genuine Apocalypse! God grant it be but the
        key-note to the grandest oratorio ever performed by less
        than the morning stars and all the sons of God shouting
        together!”

    Rev. Joshua Leavitt, an editor of the New York _Independent_,
    and a constant Abolitionist of great practical sense, wrote
    from New York:--

        “We look to you to forbear when necessary, and to dare when
        the time is right.”

    William Lloyd Garrison, an honored leader in the long warfare
    with Slavery, who had just returned from a lecture tour in the
    West as far as the Mississippi, wrote from Boston:--

        “I have found but one opinion, whether the test was made
        publicly or privately, in regard to that _questio vexata_,
        Reconstruction,--and that is, that not one of the revolted
        States should be admitted into the Union without being put
        under a longer probation.… Thanks for your prompt action
        and untiring vigilance in this matter, in the series of
        resolutions presented by you to the Senate.”

    William E. Walker wrote from Trenton, New Jersey:--

        “You have ever been in the foremost rank in guarding and
        defending the rights of the colored people of this country
        with a sacred jealousy. I hail with inexpressible joy
        your manly, bold, and intelligent avowal of their civil
        and political rights, on the opening of the session of
        Congress. I feel assured that they will be opposed, and
        strongly opposed; but God grant to you, and the other
        fearless champions of Freedom’s cause, strength and ability
        to successfully defeat all opposition!”

    Hon. Theophilus Parsons, the learned Law Professor and law
    writer, wrote from Cambridge:--

        “Congress has hard work before it,--about as hard as
        Grant had to take Richmond; but I suppose it will be done
        somehow.”

    Hon. Charles W. Upham, a scholar and writer, formerly
    Representative in Congress from the Essex District in
    Massachusetts, wrote from Salem:--

        “Stick to the noble ground you have taken, and let reason
        and events put the President in harmony with you and the
        people.”

    With such voices from the people the great work of the session
    began.

    The bad spirit which belonged to the days of Slavery seemed
    also to return. The following, to Mr. Sumner from ----, dated
    “Paymaster General’s Office, Washington, December 11, 1865,”
    recalled other days.

        “I conceive it to be my duty to impart the following
        information, in which you may be interested.

        “Calling your name yesterday, in conversation with a
        citizen of this city, he casually remarked that you
        would probably be killed before the expiration of this
        session,--that two or three were sworn against you.

        “I paid no apparent attention to the remark at the time,
        nor asked any question with regard to it; but, if I can
        serve you in the matter any further, I am at your command.”

    Mr. Sumner did not notice this letter, or follow it with any
    inquiry. He was accustomed to such reports.




COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA.

BILL IN THE SENATE, DECEMBER 4, 1865.


A Bill to carry out the principles of a Republican form of Government
in the District of Columbia.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That no person, in other
respects qualified to vote within the District of Columbia, shall be
excluded from that right by reason of race or color.

SEC. 2. _And be it further enacted_, That any person whose duty it
shall be to receive votes at any election within the District of
Columbia, who shall refuse to receive or shall reject the vote of
any person entitled to such right under this Act, shall be liable to
an action of tort by the person injured, and shall be liable, upon
indictment and conviction, if such act was done knowingly, to a fine
not exceeding five thousand dollars, or to imprisonment for a term
not exceeding one year, or to both. And where the person injured is
of African descent, one half the jury impanelled to try the action or
indictment shall be of African descent.

SEC. 3. _And be it further enacted_, That any person who shall molest
any person entitled to vote under this Act, in the exercise of such
right, shall, upon indictment and conviction, be liable to a fine not
exceeding three thousand dollars, or to imprisonment for a term not
exceeding six months, or to both; and if the person molested was of
African descent, one half the jury impanelled to try the indictment
shall be of African descent.

    This bill was read, passed to a second reading, and ordered to
    be printed.

    December 6th, on motion of Mr. Sumner, it was referred to the
    Committee on the District of Columbia.

       *       *       *       *       *

    At the formation of the Committee, Mr. Sumner became, for
    the first time, a member of the Standing Committee on the
    District of Columbia. According to usage in the Senate, the
    Standing Committees are formed in a caucus of the predominant
    political party, acting on the report of a Nominating Committee
    appointed by the caucus. At the opening of the present
    session Mr. Sumner was a member of the Nominating Committee.
    While occupied in arranging the Committee on the District
    of Columbia, he remarked that his only wish with regard to
    this Committee was, that it should be so constituted as to
    report in favor of suffrage without distinction of color in
    the District. Mr. Sherman, of Ohio, who was a member of the
    Nominating Committee, said at once, “Then you must go on it.”
    Mr. Sumner replied, that he was much occupied on the Committee
    on Foreign Relations, of which he was Chairman, but that, if
    the Nominating Committee chose to assign him this new duty,
    he could not decline it. He was accordingly placed on this
    Committee, where he continued until the opening of the session
    in December, 1872, when, at his own request, founded on ill
    health, he was excused from all service on committees.

    The members of the Committee were Mr. Morrill, of Maine,
    Chairman, Mr. Wade, of Ohio, Mr. Willey, of West Virginia, Mr.
    Sumner, Mr. Henderson, of Missouri, Mr. Yates, of Illinois,
    and Mr. Riddle, of Delaware. At the earliest meeting of the
    Committee, Mr. Wade’s bill to regulate the franchise in
    the District of Columbia, being first on the calendar, was
    proceeded with. At once the question arose of a general bill
    regulating suffrage in the District. To relieve the Committee
    from this embarrassment, and reach a prompt conclusion on
    the main question, Mr. Sumner moved, “That the Committee
    will report a bill simply prohibiting any exclusion from the
    elective franchise on account of color, with proper provisions
    to carry out this prohibition, and without undertaking to
    regulate the qualifications.” This motion was adopted.

       *       *       *       *       *

    December 20th, Mr. Morrill reported Mr. Wade’s bill with
    amendments, and, in reply to inquiry from Mr. Sumner, said that
    he was “inclined to call it up at the earliest possible time,
    but probably not before the contemplated adjournment [for the
    holidays].” Mr. Sumner then said:--

        “I am very glad my excellent friend proposes to proceed
        with the consideration of that measure at an early day. I
        believe the country requires promptitude in such act of
        justice.”

       *       *       *       *       *

    January 10, 1866, the Senate, on motion of Mr. Morrill,
    proceeded with the bill, and adopted several of the amendments.
    An amendment providing that the elector “shall be able to read
    the Constitution of the United States in the English language,
    and write his name,” excited discussion, when the bill, on
    motion of Mr. Yates, was recommitted.

    January 12th, Mr. Morrill reported the original bill with an
    amendment as a substitute. January 16th, it was taken up for
    consideration, when Mr. Davis, of Kentucky, spoke at length
    against it. From that date until June 27th it was not resumed,
    but the Senate during this interval heard suffrage discussed,
    especially on the Constitutional Amendment concerning
    representation. At the latter date it was taken up, on motion
    of Mr. Morrill. In the substitute there was no requirement of
    reading and writing as a qualification; but Mr. Morrill moved
    the amendment on this subject which had been reported before.
    On this important proposition the vote stood, Yeas 15, Nays 19.
    So it was rejected. After an elaborate speech from Mr. Willey,
    in which he proposed a qualified suffrage, the bill went over
    to another day, but was not resumed until the next session of
    Congress. The pressure of business, the fact that there would
    be no election until after the next session, the growing sense
    that the suffrage must be without educational qualification,
    and the uncertainty of carrying such a bill over the veto of
    the President, were the reasons for this delay.

       *       *       *       *       *

    Meanwhile, after a debate of several days, the House of
    Representatives, on the 18th of January, passed a short bill,
    striking the word “white” from the election laws of the
    District, and declaring that no person should be disqualified
    on account of color.

       *       *       *       *       *

    December 3, 1866, being the first day of the session, Mr.
    Sumner moved that the Senate proceed with the consideration of
    the Suffrage Bill, and then remarked:--

        “It will be remembered that this bill was introduced on the
        first day of the last session,--that it was the subject of
        repeated debate in this Chamber,--that it was more than
        once referred to the Committee on the District of Columbia,
        by whose chairman it was reported back to the Senate. At
        several different stages it was supposed that we were about
        to reach a final vote. The country expected that vote. It
        was not had. It ought to have been had. And now, Sir, I
        think it best for the Senate, in this very first hour of
        its coming together, to put that bill on its passage. It
        has been thoroughly debated. Every Senator has made up his
        mind. There is nothing more to be said on either side. So
        far as I am concerned, I am perfectly willing that the vote
        shall be taken without one further word; but I think that
        the Senate ought not to allow the bill to be postponed. We
        should seize this first occasion to put the bill on its
        passage. The country expects it; the country will rejoice
        and be grateful, if you will signalize this first day of
        your coming together by this beautiful and generous act.”

    The Chair, after recognizing the motion, ruled it not in order,
    according to a former precedent.

       *       *       *       *       *

    December 10th, on motion of Mr. Morrill, the Senate proceeded
    with the Suffrage Bill. Mr. Sumner joined in urging it:--

        “Let us, so far as the Senate can do it, give suffrage to
        the colored race in the District; let us signalize this
        first day of actual business by finishing this great act.”

    Debate ensued for four days, in which Mr. Morrill, Mr. Willey,
    of West Virginia, Mr. Wilson, of Massachusetts, Mr. Pomeroy, of
    Kansas, Mr. Anthony, of Rhode Island, Mr. Williams, of Oregon,
    Mr. Cowan, of Pennsylvania, Mr. Wade, of Ohio, Mr. Yates, of
    Illinois, Mr. Reverdy Johnson, of Maryland, Mr. Gratz Brown, of
    Missouri, Mr. Davis, of Kentucky, Mr. Sprague, of Rhode Island,
    Mr. Buckalew, of Pennsylvania, Mr. Doolittle, of Wisconsin,
    Mr. Dixon, of Connecticut, Mr. Saulsbury, of Delaware, Mr.
    Foster, of Connecticut, Mr. Frelinghuysen, of New Jersey, Mr.
    Hendricks, of Indiana, Mr. Lane, of Indiana, and Mr. Sumner,
    took part. The remarks of the last will appear in their proper
    place, according to date.[2] Among the amendments considered
    was one by Mr. Cowan to strike out the word “male,” so as to
    open suffrage to women, which was rejected,--Yeas 9, Nays
    37. The amendment by Mr. Dixon, making reading and writing a
    qualification, was also rejected,--Yeas 11, Nays 34.

    December 13th, the bill passed the Senate,--Yeas 32, Nays
    13. The announcement of its passage was followed by applause
    in the galleries. On the next day the bill passed the other
    House,--Yeas 128, Nays 46.

    January 7, 1867, the bill passed the Senate over the veto of
    President Johnson, by a two-thirds vote,--Yeas 29, Nays 10.
    On the next day it passed the other House by a two-thirds
    vote,--Yeas 113, Nays 38. And so it became a law, and also a
    model for similar legislation in the reconstruction of the
    Rebel States.




IMPARTIAL JURORS FOR COLORED PERSONS.

BILL IN THE SENATE, DECEMBER 4, 1865.


    A Bill to preserve the right of trial by jury, by securing
    impartial jurors in the Courts of the United States.

_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That in the courts
of the United States in any State, whereof, according to the census
Anno Domini eighteen hundred and sixty, one sixth part or more of the
population was of African descent, every grand jury shall consist
one half of persons of African descent who shall possess the other
qualifications now required by law; and when the matter to be tried
relates to any injury inflicted by a person of African descent upon a
person not of such descent, or _vice versa_, or to any claim, suit, or
demand between a person of such descent and one not of such descent,
every petit jury shall consist one half of persons of African descent
possessing the other qualifications now required by law. Upon any
such trial, prejudice against persons of African descent, or against
persons not of such descent, shall be ground of challenge, and, being
established by proof, to the satisfaction of the judge, shall exclude
the juror. And upon any such trial, inability to read or write shall
be ground of challenge, and, the fact being found by the judge, shall
exclude the juror.

    This bill was read, passed to a second reading, and ordered to
    be printed.

    December 13th, it was read a second time, and, on motion of Mr.
    Sumner, referred to the Committee on the Judiciary.

    Towards the end of the session, July 7, 1866, it was reported
    adversely by Mr. Trumbull, and, on his motion, indefinitely
    postponed.

       *       *       *       *       *

    This effort to secure recognition of colored persons on juries
    was suggested by the ancient jury _de Medietate Linguæ_, first
    given by the statute of 28th Edward III., cap. 13, and used in
    cases where one party was a foreigner and the other a denizen.
    There were other cases where an analogous jury was impanelled,
    as in a criminal trial in the University courts, where the
    jury was half freeholders of the county, and half matriculated
    laymen of the University.[3]




OATH TO MAINTAIN A REPUBLICAN FORM OF GOVERNMENT IN THE REBEL STATES.

BILL IN THE SENATE, DECEMBER 4, 1865.


    A Bill prescribing an oath to maintain a Republican form of
    Government in the Rebel States.

_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That hereafter every
person in any State lately declared to be in rebellion, before he
shall be allowed to vote at any election, State or National, or before
he shall enter upon the duties of any office, State or National, or
become entitled to the salary or other emoluments thereof, shall take
and subscribe an oath or affirmation to maintain a republican form of
government, as follows: “I do hereby swear (or affirm) that I will
at all times hereafter use my best endeavors to maintain a republican
form of government in the State of which I am an inhabitant, and in
the Union of the United States; that I will at all times recognize the
indissoluble unity of the Republic, and will always discountenance and
resist any endeavor to break away or secede from the Union; that I
will give my influence and vote at all times to strengthen and sustain
the national credit; that I will always discountenance and resist any
attempt, directly or indirectly, to repudiate or postpone, in any
part or in any way, either the debt contracted by the United States
in subduing the late Rebellion or the obligation assumed to the Union
soldiers; that I will always discountenance and resist any laws making
any distinction of race or color; and that in all ways I will strive to
maintain a State government completely loyal to the Union, where all
men shall enjoy equal protection and equal rights”: which, so taken
and subscribed, shall be preserved in the proper office or department,
according to regulations made by the President of the United States.
Any person who shall falsely take such oath shall be guilty of perjury,
and, on conviction, in addition to the penalties now prescribed for
that offence, shall be deprived of his office, and rendered incapable
forever after of holding any office under the United States.

    This bill was read, passed to a second reading, and ordered
    to be printed. The same oath appears in the Scheme of
    Reconstruction.[4]




PART EXECUTION OF THE GUARANTY OF A REPUBLICAN FORM OF GOVERNMENT.

BILL IN THE SENATE, DECEMBER 4, 1865.


    A Bill in part execution of the guaranty of a Republican form
    of Government in the Constitution of the United States.

Whereas it is declared in the Constitution that the United States shall
guaranty to every State in this Union a republican form of government;
and whereas certain States have allowed their governments to be
subverted by rebellion, so that the duty is now cast upon Congress of
executing this guaranty: Now, therefore,

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That in all States lately
declared to be in rebellion there shall be no oligarchy invested with
peculiar privileges and powers, and there shall be no denial of rights,
civil or political, on account of race or color; but all persons
shall be equal before the law, whether in the court-room or at the
ballot-box. And this statute, made in pursuance of the Constitution,
shall be the supreme law of the land, anything in the Constitution or
laws of any such State to the contrary notwithstanding.

    This bill was read, passed to a second reading, and ordered to
    be printed.

       *       *       *       *       *

    The same bill, in another form, was introduced by Mr. Sumner,
    February 2, 1866, and afterwards moved as a substitute for the
    Constitutional Amendment on Representation.[5]




EQUAL RIGHTS OF COLORED PERSONS TO BE PROTECTED BY THE NATIONAL COURTS.

BILL IN THE SENATE, TO ENFORCE THE CONSTITUTIONAL AMENDMENT ABOLISHING
SLAVERY, DECEMBER 4, 1865.


    A Bill supplying appropriate legislation to enforce the
    Amendment to the Constitution prohibiting Slavery.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That neither slavery nor
involuntary servitude, except as a punishment for crime whereof the
party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.

SEC. 2. _And be it further enacted_, That, if any person shall attempt
to control, or shall by act or word claim any right to control, the
services of any other person, contrary to the provisions of the
foregoing section, the person so offending shall, upon indictment and
conviction in the District Court of the United States for the district
where the crime was committed, be punished by a fine not exceeding
ten thousand dollars, or by imprisonment for a term not exceeding ten
years, or by both, to be inflicted at the discretion of the court; and
it shall be no defence, nor cause of mitigation of sentence, that such
claim or attempt is sanctioned by any pretended law of a State, or any
judgment of a State court. But nothing herein contained shall be held
to impair any other remedy now existing by _Habeas Corpus_ or otherwise.

SEC. 3. _And be it further enacted_, That, in further enforcement
of the provision of the Constitution prohibiting Slavery, and in
order to remove all relics of this wrong from the States where this
Constitutional prohibition takes effect, it is hereby declared that
all laws or customs in such States, establishing any oligarchical
privileges and any distinction of rights on account of race or color,
are hereby annulled, and all persons in such States are recognized as
equal before the law; and the penalties provided in the last section
are hereby made applicable to any violation of this provision, which is
made in pursuance of the Constitution of the United States.

SEC. 4. _And be it further enacted_, That, in further enforcement of
the provision of the Constitution, the courts of the United States in
the States shall have exclusive jurisdiction of all offences committed
by persons not of African descent upon persons of African descent; also
of all offences committed by persons of African descent; and also of
all causes, suits, and demands to which any person of African descent
shall be a party; and it is hereby declared that all such cases are to
be treated as cases arising under the Constitution of the United States.

    This bill was read, passed to a second reading, and ordered to
    be printed.

    December 21st, it was read a second time, and, on motion of Mr.
    Sumner, referred to the Committee on the Judiciary.

    January 11, 1866, Mr. Trumbull, from this Committee, reported
    the “Bill to protect all persons in the United States in their
    civil rights, and furnish the means of their vindication,”
    which was passed, covering in part the ground of Mr. Sumner’s
    bill.[6]




REPRESENTATION ACCORDING TO VOTERS.

JOINT RESOLUTION IN THE SENATE, TO AMEND THE CONSTITUTION, DECEMBER 4,
1865.


    Joint Resolution proposing an Amendment of the Constitution of
    the United States.

_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled_ (two thirds of both Houses
concurring), That the following Article be proposed to the Legislatures
of the several States as an Amendment to the Constitution of the United
States, which, when ratified by three fourths of such Legislatures,
shall become a part of the Constitution, to wit:--

“Representatives shall be apportioned among the several States which
may be included within this Union according to the number of male
citizens of the age of twenty-one years having in each State the
qualifications requisite for electors of the most numerous branch of
the State Legislature. The actual enumeration of such citizens shall be
made by the census of the United States.”

    This was the first resolution of the session. It was read,
    passed to a second reading, and ordered to be printed.

    December 13th, on motion of Mr. Sumner, it was read a second
    time, and referred to the Committee on the Judiciary.

    June 20, 1866, in company with other resolutions proposing
    Amendments to the Constitution, it was reported adversely by
    Mr. Trumbull, and on his motion indefinitely postponed.

    Meanwhile the proposition had entered largely into debate,
    and had been discussed by Mr. Sumner.[7] It was superseded by
    the provision on Representation in the Fourteenth Amendment
    of the Constitution. When moved, June 6th, by Mr. Doolittle,
    of Wisconsin, as a substitute for that clause, it was
    rejected,--Yeas 7, Nays 31. The yeas were Messrs. Cowan, of
    Pennsylvania, Davis, of Kentucky, Doolittle, Guthrie, of
    Kentucky, Hendricks, of Indiana, Johnson, of Maryland, and
    Riddle, of Delaware. It was no longer satisfactory to Mr.
    Sumner, who hoped for something better. When brought forward by
    him, it was in the nature of a tentative process.




SCHEME OF RECONSTRUCTION ON THE BASIS OF EQUAL RIGHTS.

BILL IN THE SENATE, TO ENFORCE THE GUARANTY OF A REPUBLICAN FORM OF
GOVERNMENT IN CERTAIN STATES, DECEMBER 4, 1865.


    A Bill to enforce the guaranty of a Republican form of
    Government in certain States whose governments have been
    usurped or overthrown.

_Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled_, That, in the States lately
declared in rebellion against the United States, the President shall,
by and with the advice and consent of the Senate, appoint for each a
provisional governor, with pay and emoluments not exceeding those of a
brigadier-general of volunteers, who shall be charged with the civil
administration of such State, until a State government therein shall be
recognized as hereinafter provided.

SEC. 2. _And be it further enacted_, That the provisional governor of
each of such States shall direct the marshal of the United States, as
speedily as may be, to name a sufficient number of deputies, and to
enroll all male citizens of the United States resident in the State
in their respective counties, and to request each one to take the
oath to support the Constitution of the United States, and the oath
to maintain a republican form of government, and in his enrolment to
designate those who take and those who refuse to take the oaths, which
rolls shall be forthwith returned to the provisional governor; and if
the persons taking the oaths shall amount to a majority of the persons
enrolled in the State, he shall by proclamation invite the loyal people
of the State to elect delegates to a convention charged to declare the
will of the people of the State relative to the reëstablishment of a
State government, subject to and in conformity with the Constitution of
the United States.

SEC. 3. _And be it further enacted_, That the oath to maintain a
republican form of government shall be as follows: “I do hereby swear
(or affirm) that I will at all times hereafter use my best endeavors
to maintain a republican form of government in the State of which
I am an inhabitant, and in the Union of the United States; that I
will at all times recognize the indissoluble unity of the Republic,
and will always discountenance and resist any endeavor to break away
or secede from the Union; that I will give my influence and vote at
all times to strengthen and sustain the national credit; that I will
always discountenance and resist any attempt, directly or indirectly,
to repudiate or postpone, in any part or in any way, either the debt
contracted by the United States in subduing the late rebellion or
the obligation assumed to the Union soldiers; that I will always
discountenance and resist any laws making any distinction of race
or color; and that in all ways I will strive to maintain a State
government completely loyal to the Union, where all men shall enjoy
equal protection and equal rights.”[8]

SEC. 4. _And be it further enacted_, That the convention shall
consist of as many members as both Houses of the last constitutional
State Legislature, apportioned by the provisional governor among the
counties, parishes, or districts of the State, in proportion to the
population returned as electors by the marshal, in compliance with the
provisions of this Act. The provisional governor shall by proclamation
declare the number of delegates to be elected by each county, parish,
or election district; name a day of election, not less than thirty days
thereafter; designate the places of voting in each county, parish, or
district, conforming, as nearly as may be convenient, to the places
used in the State elections next preceding the Rebellion; appoint one
or more commissioners to hold the election at each place of voting; and
provide an adequate force to keep the peace during the election.

SEC. 5. _And be it further enacted_, That the delegates shall be
elected by the loyal male citizens of the United States of the age of
twenty-one years, and resident at the time in the county, parish, or
district in which they shall offer to vote, and enrolled as aforesaid,
or absent in the military service of the United States, and who shall
take and subscribe the oath of allegiance to the United States in
the form contained in the Act of Congress of July 2, 1862, and the
before recited oath to maintain a republican form of government;
and all such citizens of the United States who are in the military
service of the United States shall vote at the head-quarters of their
respective commands, under such regulations as may be prescribed by the
provisional governor for the taking and return of their votes; but no
person who has held or exercised any office, civil or military, State
or otherwise, under the Rebel usurpation, or who has voluntarily borne
arms against the United States, shall vote or be eligible as delegate
at such election.

SEC. 6. _And be it further enacted_, That the commissioners, or either
of them, shall hold the election in conformity with this Act, and,
so far as may be consistent therewith, shall proceed in the manner
used in the State prior to the Rebellion. The oath of allegiance and
the oath to maintain a republican form of government shall be taken
and subscribed on the poll-book by every voter in the form above
prescribed; but every person known by or proved to the commissioners
to have held or exercised any office, civil or military, State or
otherwise, under the Rebel usurpation, or to have voluntarily borne
arms against the United States, shall be excluded, though he offer
to take the oath; and in case any person who shall have borne arms
against the United States shall offer to vote, he shall be deemed to
have borne arms voluntarily, unless he shall prove the contrary by the
testimony of a qualified voter. The poll-book showing the name and
oath of each voter shall be returned to the provisional governor by
the commissioners of election, or the one acting, and the provisional
governor shall canvass such returns, and declare the person having the
highest number of votes elected.

SEC. 7. _And be it further enacted_, That the provisional governor
shall by proclamation convene the delegates duly elected, at the
capital of the State, on a day not more than three months after the
election, giving at least thirty days’ notice of such day. In case the
capital shall in his judgment be unfit, he shall in his proclamation
appoint another place. He shall preside over the deliberations of the
convention, and administer to each delegate, before taking his seat in
the convention, the oath of allegiance to the United States, and the
oath to maintain a republican form of government, in the form above
prescribed.

SEC. 8. _And be it further enacted_, That the convention shall
declare, on behalf of the people of the State, their submission to
the Constitution and laws of the United States, and shall adopt the
following provisions, hereby prescribed by the United States in the
execution of the constitutional duty to guaranty a republican form of
government to every State, and incorporate them in the Constitution of
the State, that is to say:--

First. No person who has held or exercised any office, civil or
military, except offices merely ministerial and military offices below
the grade of colonel, State or otherwise, under the usurping power,
shall vote for or be a member of the legislature or governor.

Secondly. Involuntary servitude is forever prohibited, and the freedom
of all persons is guarantied in such State.

Thirdly. No debt, State or otherwise, created by or under the sanction
of the usurping power, shall be recognized or paid by the State.

Fourthly. No person shall enter upon any office within the gift of the
people of this State, until he has first taken the oath to support the
Constitution of the United States and the oath to maintain a republican
form of government. And the Constitution shall prescribe forms for
these oaths substantially in accordance with the forms herein provided.

Fifthly. There shall be no distinction among the inhabitants of
this State founded on race, former condition, or color. Every such
inhabitant shall be entitled to all the privileges before the law
enjoyed by the most favored class of such inhabitants.

Sixthly. These provisions shall be perpetual, not to be abolished or
changed hereafter.

SEC. 9. _And be it further enacted_, That, when the convention shall
have adopted those provisions, it shall proceed to reëstablish a
republican form of government, and ordain a constitution containing
those provisions, which, when adopted, the convention shall by
ordinance provide for submitting to the people of the State entitled to
vote under this law, at an election to be held in the manner prescribed
by the act for the election of delegates, but at a time and place named
by the convention, at which election the electors described above, and
none others, shall vote directly for or against such constitution and
form of State government. And the returns of such election shall be
made to the provisional governor, who shall canvass the same in the
presence of the electors, and if a majority of the votes cast shall
be for the constitution and form of government, he shall certify the
same, with a copy thereof, to the President of the United States, who,
after obtaining the assent of Congress, shall by proclamation recognize
the government so established, and none other, as the constitutional
government of the State; and from the date of such recognition, and
after its legislature shall have ratified the Amendment to the United
States Constitution abolishing slavery and prohibiting involuntary
servitude, and not before, Senators and Representatives, and Electors
for President and Vice-President, may be elected in such State,
according to the laws of the State and of the United States.

SEC. 10. _And be it further enacted_, That, if the convention shall
refuse to reëstablish the State government on the foregoing conditions,
the provisional governor shall declare it dissolved; but it shall be
the duty of the President, whenever he shall have reason to believe
that a sufficient number of the people of the State entitled to vote
under this Act, in number not less than a majority of those enrolled
as aforesaid, are willing to reëstablish a State government on the
foregoing conditions, to direct the provisional governor to order
another election of delegates to a convention for the purpose and in
the manner prescribed in this Act, and to proceed in all respects
as herein before provided, either to dissolve the convention, or to
certify the State government reëstablished by it to the President.

SEC. 11. _And be it further enacted_, That, until the United States
shall have recognized a republican form of State government, the
provisional governor in each of such States shall see that this Act,
and the laws of the United States, and the laws of the State in
force when the State government was overthrown by the Rebellion, are
faithfully executed within the State; but no law or usage contrary
to any of the provisions herein directed to be inserted in the
constitution of the State shall be recognized or enforced by any court
or officer in such State, and such provisions shall be regarded as
already incorporated into the law of the State; and the laws for the
trial and punishment of white persons shall extend to all persons,
and jurors shall have the qualifications of voters under this law
for delegates to the convention. The President shall appoint such
officers, provided for by the laws of the State when its government
was overthrown, as he may find necessary to the civil administration
of the State, all which officers shall be entitled to receive the fees
and emoluments provided by the State laws for such officers. And he
may permit, when he deems it expedient, elections to be made of such
officers by the people entitled to vote according to the provisions of
this Act; such officers to have the qualifications required for voters
under this Act, and to hold their offices subject to removal by him.
And all such officers, whether appointed by the President or elected
by the people, shall, before entering on the duties of their offices,
take the oaths to support the Constitution of the United States, and to
maintain a republican form of government.

SEC. 12. _And be it further enacted_, That, until the recognition of a
State government as aforesaid, the provisional governor shall, under
such regulations as he may prescribe, cause to be assessed, levied, and
collected, for the year eighteen hundred and sixty-four, and every year
thereafter, the taxes provided by the laws of such State to be levied
during the fiscal year preceding the overthrow of the State government
thereof, in the manner prescribed by the laws of the State, as nearly
as may be; and the officers appointed as aforesaid are vested with all
powers of levying and collecting such taxes, by distress or sale, as
were vested in any officers or tribunal of the State government for
those purposes. The proceeds of such taxes shall be accounted for to
the provisional governor, and be by him applied to the expenses of the
administration of the laws in such State, subject to the direction of
the President; and the surplus shall be deposited in the treasury of
the United States to the credit of such State, to be paid to the State
upon an appropriation therefor, to be made when a republican form of
government shall be recognized therein by the United States.

    This was read, passed to a second reading, and ordered to be
    printed.

    December 21st, it was, on motion of Mr. Sumner, referred to the
    Joint Committee “to inquire into the condition of the States
    which formed the so-called Confederate States of America,”
    known as the Reconstruction Committee, of which Mr. Fessenden
    was Senate Chairman, and Mr. Stevens House Chairman.

    Nothing as systematic and complete as this measure was ever
    adopted. The work of Reconstruction was piecemeal.




ADOPTION OF THE CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY.

CONCURRENT RESOLUTIONS IN THE SENATE, DECLARING THE ADOPTION, DECEMBER
4, 1865.


    Concurrent Resolutions declaring the adoption of the
    Constitutional Amendment abolishing Slavery.

Whereas Congress, by a vote of two thirds of both Houses, did
heretofore propose to the Legislatures of the several States for
ratification an Amendment to the Constitution in the following words,
to wit:--

    “ARTICLE XIII. _Section 1._ Neither slavery nor involuntary
    servitude, except as a punishment for crime whereof the party
    shall have been duly convicted, shall exist within the United
    States, or any place subject to their jurisdiction.

    “_Section 2._ Congress shall have power to enforce this Article
    by appropriate legislation.”

And whereas, at the time when such Amendment was submitted, as well
as since, there were sundry States which, by reason of rebellion,
were without Legislatures, so that, while the submission was made in
due constitutional form to “the Legislatures of the several States,”
in obedience both to the letter and spirit of the provision of the
Constitution authorizing Amendments, it was not, as it could not be,
made to all the States, there being a less number of Legislatures of
States than there were States;

And whereas, since the Constitution expressly authorizes Amendments
to be made, any construction which would render the making of them at
times impossible must violate both its letter and its spirit;

And whereas, to require the ratification by States without Legislatures
as well as by “the Legislatures of the States,” in order to be valid,
would put it in the power of long-continued rebellion to suspend not
only the peace of the nation, but its Constitution also;

And whereas the count of States in rebellion enables such States by
silence to vote against the Constitutional Amendment, thus giving to
their silence the same effect as a vote;

And whereas, from the terms of the Constitution and the nature of the
case, it belongs to the two Houses of Congress to determine when such
ratification is complete;

And whereas more than three fourths of the Legislatures to which the
proposition was made have ratified such Amendment: Now, therefore,

_Be it resolved by the Senate (the House of Representatives
concurring)_, That the Amendment abolishing Slavery has become and is
part of the Constitution of the United States.

_Resolved_, That, notwithstanding the foregoing resolution, yet,
considering the great public interest which attaches to this question,
the Legislatures which have not ratified the Amendment be permitted
to express their concurrence by the usual form of ratification, to be
returned in the usual manner.

_Resolved_, That no one of the States, to the Legislatures of which
such Amendment could not be submitted, by reason of rebellion against
the United States and having no Legislatures, be permitted to resume
its relations, and have its Legislature acknowledged and its Senators
and Representatives admitted, until its Legislature has first ratified
such Amendment in recognition of the accomplished fact.

    These resolutions were read and ordered to be printed. They
    were also entered at length on the Journal of the Senate.




FIVE CONDITIONS OF RECONSTRUCTION.

RESOLUTIONS IN RESPECT TO GUARANTIES OF THE NATIONAL SECURITY AND THE
NATIONAL FAITH, DECEMBER 4, 1865.


    Resolutions declaring the duty of Congress in respect to
    guaranties of the national security and the national faith in
    the Rebel States.

_Resolved_, That in order to provide proper guaranties for security
in the future, so that peace and prosperity shall surely prevail, and
the plighted faith of the nation be preserved, it is the first duty
of Congress to take care that no State declared in rebellion shall be
allowed to resume its relations with the Union until after satisfactory
performance of five several conditions, which conditions precedent must
be submitted to a popular vote, and be sanctioned by a majority of the
people of each State respectively, as follows.

1. The complete reëstablishment of loyalty, as shown by honest
recognition of the unity of the Republic, and the duty of allegiance to
it at all times, without mental reservation or equivocation of any kind.

2. The complete suppression of all oligarchical pretensions, and the
complete enfranchisement of all citizens, so that there shall be no
denial of rights on account of race or color, but justice shall be
impartial, and all shall be equal before the law.

3. The rejection of the Rebel debt, and at the same time the adoption,
in just proportion, of the national debt and the national obligations
to Union soldiers, with solemn pledges never to join in any measure,
direct or indirect, for their repudiation, or in any way tending to
impair the national credit.

4. The organization of an educational system for the equal benefit of
all, without distinction of race or color.

5. The choice of citizens for office, whether State or National, of
constant and undoubted loyalty, whose conduct and conversation shall
give assurance of peace and reconciliation.

_Resolved_, That to provide these essential safeguards, without which
the national security and the national faith will be imperilled, States
cannot be precipitated back to political power and independence; but
they must wait until these conditions are in all respects fulfilled.

    These resolutions were read and ordered to be printed. They
    were also entered at length on the Journal of the Senate.




RIGHTS OF LOYAL CITIZENS, AND A REPUBLICAN GOVERNMENT.

RESOLUTIONS IN THE SENATE, DECLARING THE DUTY OF CONGRESS, DECEMBER 4,
1865.


    Resolutions declaring the duty of Congress, especially towards
    loyal citizens in the Rebel States.

Whereas it is provided by the Constitution that “the United States
shall guaranty to every State in this Union a republican form of
government”;

And whereas there are certain States where, by reason of rebellion, no
State governments are recognized by Congress;

And whereas, because of the failure of such States respectively to
maintain State governments, it has become the duty of Congress,
standing in the place of guarantor, where the principal has made a
lapse, to provide governments republican in form for such States
respectively: Now, therefore, in order to declare the duty of
Congress,--

1. _Resolved_, That, whenever a convention is called in any such State
for the organization of a government, the following persons have a
right to be represented therein, namely: the citizens of the State
who have taken no part in the Rebellion, especially all those whose
exclusion from the ballot enabled others to carry the State into the
Rebellion, and still more especially those who became soldiers in the
armies of the Union, and by valor on the battle-field helped turn the
tide of war, making the Union triumphant; and Congress must refuse
to sanction the proceedings of any convention composed of delegates
chosen by men recently in arms against the Union, and excluding men who
perilled life in its defence, unless its proceedings have been first
approved by those entitled to participate therein, as hereby declared.

2. _Resolved_, That the Constitution of the United States, being
supreme over State laws and State constitutions on those matters upon
which it speaks, and the duty being now imposed by it on Congress to
legislate for the establishment of government in the States where
government is overthrown, it is hereby declared that no supposed
State law or State constitution can be set up as an impediment to the
national power in the discharge of its duty.

3. _Resolved_, That, since also it has become the duty of Congress
to determine what is a republican form of government, it is hereby
declared that no government of a State recently in rebellion can be
accepted as republican, where large masses of citizens always loyal
to the United States are excluded from the elective franchise, and
especially where wounded soldiers of the Union, with kindred and race,
and also the kindred of others whose bones whiten battle-fields on
which they died for country, are thrust from the polls to make place
for the men by whose hands came wounds and death; more particularly
where, as in some of those States, the result would be to disfranchise
the majority of citizens always loyal, and give to the oligarchical
minority recently engaged in rebellion power to oppress the loyal
majority, even to the extent of driving them from home, and depriving
them of all opportunity of livelihood.

4. _Resolved_, That, where, by reason of rebellion, there is a lapse
in the State government, and it becomes the duty of Congress to
provide a government, none can be accepted as “a republican form of
government,” where numerous native-born citizens, charged with no
crime and no failure of duty, and compelled to pay taxes, are left
wholly unrepresented; and especially where a particular race is singled
out and denied representation, although compelled to pay taxes; more
especially where such race constitutes the majority of the citizens,
and the enfranchised minority has for the time forfeited its rights
by rebellion; and more especially still, where by such exclusion the
oligarchical enemies of the Republic can practically compel it to
break faith with national soldiers and national creditors, to whose
generosity it was indebted during a period of peril.

    These resolutions were read and ordered to be printed. They
    were also entered at length on the Journal of the Senate.




THE LATE SENATOR COLLAMER.

SPEECH IN THE SENATE, ON HIS DEATH, DECEMBER 14, 1865.


MR. PRESIDENT,--Since Henry Clay left this Chamber by the gate of
death, no Senator has passed that way crowned with the same honorable
years as Mr. Collamer; nor has any Senator passed that way whose
departure created such a blank in the public councils, unless we
except Mr. Douglas. He was our most venerable associate; but his place
here had not shrunk with time. Nor was he, when we last saw him, less
important to our debates and to our conclusions than ever before. He
still possessed all those peculiar powers of argument and illustration,
seasoned with a New England salt, which he had from the beginning. He
was not so old that he was not often the life of the body.

When he came into the Senate, it was after long and various experience
as lawyer, judge, representative in the other House, member of the
Cabinet, and then again as judge, in all which characters he had been
single, pure, honest, faithful, and laborious. Though little of a
traveller, he had seen much. He had also read much, and he had done
much. But all the results of observation, study, and action had so
passed into his nature as to become part of himself. If he expressed
an opinion, even on law, it seemed to come from himself, and not from
books. He was the authority. And yet he was fond of books, whether in
his own profession or in other departments of study.

His fidelity assumed the form of accuracy in all that he said or did.
He spoke accurately, and he was especially accurate with his pen.
Perhaps nobody was apter in the style or language of legislation. He
was an expert draughtsman, although, without doubt, too professional
for a taste not exclusively professional,--indulging in traditional
phrases, and those favorite superfluities of the lawyer, “said” and
“aforesaid.” The great Act of July 13, 1861,[9] which gave to the war
for the suppression of the Rebellion its first Congressional sanction,
and invested the President with new powers, was drawn by him. It was
he that set in place the great ban, not yet lifted, by which the
Rebel States were shut out from the communion of the Union. This is a
landmark in our history, and it might properly be known by the name of
its author, as “Collamer’s statute.”

All who ever sat with him in the committee-room will long remember the
carefulness with which he gave his counsels, and the completeness with
which he explained them. Perhaps his wisdom and facility in business
were nowhere more manifest. I seize this occasion to confess most
gratefully my own personal obligations to him in this interesting
relation.

The same character which appeared in the committee-room showed itself
in conversation, enlivened by constant humor. He, too, had his “little
story” for illustration; but in this respect he differed from the
late President as one of his own Vermont mountains differs from an
outstretched laughing prairie of the West. In manner he was Socratic.
The curious observer, fond of tracing resemblances, might fancy that
in the form of his head, and even of his person, he was not unlike the
received image of Socrates, while his colloquial powers might again
recall Socrates, as pictured by the affectionate Xenophon, “handling
all who conversed with him just as he pleased.” He had also the same
antique simplicity, and I doubt not he would have followed the wise
man of Athens barefoot in the waters of the Ilissus. I would not push
the resemblance too far, and I use it only for illustration, not for
parallel; and yet, as I bring to mind our departed friend, he seems to
assume this classical figure. Call him, then, if you please, the Green
Mountain Socrates.

Debate, except on the highest occasions, is only conversation in
public. With him it was conversation always. He spoke as he conversed,
with the same pith and humor, and with the same facility. But his
facility did not tempt him. In this gilded amphitheatre,[10] where
the speaker is sacrificed to the galleries, as of old the gladiator
was offered up to make a Roman holiday, he declined all display, and
simply conversed; and such was the desire to hear him, that we gathered
near to catch his words. He was not a frequent speaker, and he never
spoke except when he had something to say; nor did he speak for effect
abroad, but only for effect in the debate. Of course, he was too honest
and too considerate of the Senate to speak without the preparation of
reflection and study. Though at times earnest, he was never bitter. He
never dropped into the debate any poisoned ingredients.

Sometimes he spoke with much effect, especially on law, or finance, or
business. On the great question which for a generation overshadowed all
others, and finally wrapped the country in the “living cloud of war,”
he was sincerely antislavery, but with certain shortcomings which in
this impartial tribute ought not to be concealed. His lenity toward our
monster enemy showed itself unconsciously when he spoke of malignant
Rebels as “those Southern gentlemen who had seceded,” and then again,
when, at an earlier date, he spoke of “two civilizations”; but he bore
kindly the reply, that civilization was only on one side. And yet on
two occasions in this Chamber he strove for the Right very bravely, so
that his position became historic. One of these was many years ago,
shortly after he came into the Senate; the other was only last year.
The historian and the biographer will describe these scenes. One of
them is the fit subject of Art.

The earliest of these occasions was when, under the influence of the
President of that day, backed by Jefferson Davis in the Cabinet,
an illegal government was set up in a distant Territory, which, in
defiance of the people there, proceeded to institute an infamous Black
Code borrowed from Slavery. The President countenanced the illegal
government, and smiled upon the Black Code. The representatives of
Slavery in both Houses of Congress, with their Northern allies,
indifferent to human rights, and greedy only of political power,
sustained the President in his disregard of a fundamental principle of
the Declaration of Independence, that governments derive “their just
powers from the consent of the governed.” The contest was unequal.
On one side was a struggling people, insulted and despoiled of their
rights; on the other side was the President, with all the vast powers
of the Republic, with patronage less than now, but very prevailing,
and with a great political party yielding an unhesitating support. The
contest reached this Chamber. Naturally it came before the Committee
on Territories, where happily the good cause was represented by Jacob
Collamer, of Vermont. The interest increased with each day; and when
the Committee reported, a scene ensued without example among us.

The reports of committees are usually handed in and ordered to be
printed; but now, at the impassioned call of a Senator from South
Carolina,[11] the report of the Committee, whitewashing incredible
outrages, was read by the Chairman at the desk of the Secretary of the
Senate. The Chairman left his seat for this purpose, and stood face to
face with the Senate.[12] For two hours the apology for that usurpation
which had fastened a Black Code upon an inoffensive people sounded in
this Chamber, while the partisans of Slavery gloated over the seeming
triumph. There was a hush of silence, and there was sadness also with
some, who saw clearly the unpardonable turpitude of the sacrifice. Mr.
Collamer followed with a minority report, signed by himself alone,
which he read at the desk of the Secretary, standing face to face with
the Senate. Jesse D. Bright was at the time our President, but he had
installed in the chair on that momentous occasion none other than
that most determined artificer of treason and drill-sergeant of the
Rebellion, John Slidell, who sat behind, like Mephistopheles looking
over the shoulder of Truth,[13] while the patriot Senator, standing
before, gravely unfolded the enormities that had been perpetrated.
Few then present now remain; but none then present can fail to recall
the scene. The report which Mr. Collamer read belongs to the history
of the country. But the scene comes clearly within the domain of Art.
In the long life of our departed friend it was his brightest and most
glorious moment,--beyond anything of honor or power, whether in the
cabinet or on the bench. For what is office, compared to the priceless
opportunity, nobly employed, of standing as a buttress for human rights?

The other signal occasion, when he showed much of the same character,
and was surely inspired by the same sentiment, was during the last
year, when the illustrious President, who now reposes in immortality,
undertook, in disregard of Congress, and solely by executive power, to
institute civil governments throughout that region of the Union where
civil governments had been overthrown,--imitating, in the agencies
he employed, the Cromwellian system of ruling by “major-generals.”
The case of distant and oppressed Kansas was revived. Who can forget
the awakened leonine energy of the aged Senator, when, contrary to
his custom, he interrupted another in debate to declare his judgment
against the power of the President to institute permanent civil
governments “to last beyond the war”?[14] The dividing line was clear.
The President might exercise a temporary military power, but Congress
must lay the foundations of permanent peace. This simple principle was,
of course, only the corollary of that rule of Jefferson, which has
become one of the commonplaces of our political system, asserting “the
supremacy of the civil over the military authority.”[15] The eggs of
crocodiles can produce only crocodiles; and it is not easy to see how
eggs laid by military power can be hatched into an American State.

This interjected judgment was afterward developed in a speech, which
for sententious wisdom and solid sense is, perhaps, the best he ever
delivered. It is not long, but, like the Roman sword, it is effective
from its very shortness. He spoke with the authority of years, but he
spoke also with another peculiar authority; for it was he who drew
the Act of Congress which placed the Rebel States under the ban.[16]
Positively, earnestly, and most persuasively, he insisted that Congress
should not abdicate its control of this question. His conclusion was
repeated again and again. It was for Congress, he said, to say when
that state of things existed which would entitle the Rebel States to
perform their functions as integral parts of the Union. It was for
Congress to decide this question, and not for the President, except so
far as the President unites in an Act of Congress by his signature.
And he asked, “When will and when ought Congress to admit these States
as being in their normal condition?” To which he answers: “It is not
enough that they stop their hostility and are repentant. They should
present fruits meet for repentance. They should furnish to us, by their
actions, some evidence that the condition of loyalty and obedience is
their true condition again, and Congress must pass upon it; _otherwise
we have no securities_.… And I insist that the President, making peace
with them, if you please, by surceasing military operations, _does
not alter their status, until Congress passes upon it_.” Then, again,
filled with the thought, he exclaims, “The great and essential thing
now to insist upon is, that Congress shall do nothing which can in
any way create _a doubt_ about our power over the subject.” And still
pleading against executive interference, he says: “I believe, that,
when reëstablishing the condition of peace with that people, Congress,
representing the United States, has power, in ending this war, as any
other war, to get some security for the future. It would be a strange
thing, if it were not true that this nation, in ending a civil as well
as a foreign war, could close it and make peace by obtaining, if not
indemnity for the past, _at least some security for future peace_.”[17]
This was among the last utterances of our patriot Senator. It is his
dying legacy to his country. Let all, from President to citizen, heed
its words. The aspiration so often expressed to-day, that he were
now alive to take part in the restoration of the Rebel States, is
fulfilled. He lives in his declared opinions, echoed from the tomb.

Say not that I err, because here at his funeral, seeking to do him
honor, I exhibit him bravely standing front to front with executive
power wielded by a President instigated by Jefferson Davis, and then
again bravely standing front to front with executive power wielded by
the gentle hand of Abraham Lincoln. In the first case it was to save
an outraged people; in the other it was to vindicate the powers of the
people of the United States in Congress assembled to provide guaranties
and safeguards against the wickedness and perjury which had deluged
his beloved country with blood. Say not that I err, because now, at
his funeral, anxious that his best actions should not be forgotten,
I commemorate this championship. He is dead, but the good he has done
cannot die. And hereafter faithful Senators, struggling with executive
power, will catch a new inspiration from his example. A bishop of the
Church tells us that “all is not over, while there is a man left to
reprove error and bear testimony to the truth; and a man who does it
with becoming spirit may stop a prince or senate when in full career,
and recover the day.”[18] Where this spirit has been shown, where an
honored associate has earned this title to fame, I insist that it shall
be made known.




“WHITEWASHING” BY THE PRESIDENT.

REMARKS IN THE SENATE, ON A MESSAGE OF PRESIDENT JOHNSON ON THE
CONDITION OF THE SOUTHERN STATES, DECEMBER 19, 1865.


    December 19th, a message was read from President Johnson
    with regard to the condition of the Southern States, which
    was represented as “more promising than, in view of all the
    circumstances, could well have been expected.” The President
    said:--

        “From all the information in my possession, and from that
        which I have recently derived from the most reliable
        authority, I am induced to cherish the belief that
        sectional animosity is surely and rapidly merging itself
        into a spirit of nationality, and that representation,
        connected with a properly adjusted system of taxation, will
        result in a harmonious restoration of the relations of the
        States to the National Union.”

    Accompanying the message was a report to the President by
    Lieutenant-General Grant, who had recently made a tour of
    inspection through several of the States lately in rebellion,
    where he said, “I am satisfied that the mass of thinking men
    of the South accept the present situation of affairs in good
    faith.” In this spirit the report speaks of the “universal
    acquiescence in the authority of the General Government”; it
    declares that “the good of the country and economy require that
    the force kept in the interior, where there are many freedmen,
    should all be white troops,”--that “the presence of black
    troops, lately slaves, demoralizes labor, both by their advice
    and by furnishing in their camps a resort for the freedmen for
    long distances around,”--that “the citizens of the Southern
    States are anxious to return to self-government within the
    Union as soon as possible”; and it adds, that “they are in
    earnest in wishing to do what they think is required by the
    Government, not humiliating to them as citizens.”

    Nothing was said in the message or the report of the condition
    of the freedmen, or of the continued denial of their rights.

    Both these documents were read at length by the Secretary of
    the Senate. A report by Major-General Carl Schurz was also
    communicated; but this was not read. It was understood that
    this report was elaborate, and that it set forth the condition
    of the freedmen. Mr. Sumner, ascertaining that it accompanied
    the message, said: “If it is there, I think it had better be
    read.”

        SEVERAL SENATORS. It is very long.

        MR. SUMNER. At any rate, we can begin it.

        THE PRESIDENT _pro tempore_. The reading of the report of
        General Carl Schurz is called for. It will be read, if
        there be no objection.

        MR. JOHNSON [of Maryland]. I have no objection to the
        reading of the report; I should like to hear it; but the
        reading will take a good while, and it can all be printed
        in a day or two.

        MR. SUMNER. Let the reading be begun.

        MR. JOHNSON. I submit to the Senator from Massachusetts
        that the printing of it, perhaps, will answer every
        purpose. It is a very long report, I see; at least, it
        seems to be so. I have, personally, not the slightest
        objection to its being read.

    MR. SUMNER. It is a very important document. The Senate will
    remember, that, when the report was made on the condition of
    Kansas, every word of it was read at the desk.[19] Now the
    question before the country is immeasurably more important
    than that of Kansas. We have a message from the President
    which is like the whitewashing message of Franklin Pierce with
    regard to the enormities in Kansas. Such is its parallel. I
    think the Senate had better at least listen to the opening of
    Major-General Schurz’s report.

        MR. JOHNSON. I have no objection, if the Senate think they
        have time to listen to it; but I did not expect to hear any
        assault, direct or indirect, upon the President at this
        time.

        MR. SUMNER. No assault at all.

    Mr. Johnson then said: “I have seen nothing in the message
    which would warrant a reflection that any improper purpose had
    actuated the President in sending it here. He does not mean, as
    I suppose, to whitewash anybody who has offended.”

    The Secretary proceeded to read the introductory paragraphs
    of General Schurz’s report, in which he states through what
    portion of the South he travelled, the points at which he
    stopped, his facilities for obtaining information, and the
    order in which the results of his observation would be detailed.

    Mr. Sherman, of Ohio, “would much prefer to read this document
    in print,” and he moved to dispense with its further reading.

    Mr. Sumner replied:--

I shall not object, if the Senator from Ohio thinks it proper, on
this important occasion, to dispense with the reading. In my judgment
the Senate cannot listen to anything of more consequence than this
accurate, authentic, most authoritative report with regard to the
actual condition of things in the States lately in rebellion. Here
is an eminent citizen, lately a major-general in the army of the
United States, sent by the President on a special mission to visit
those States and to report upon their condition. The visit has been
made,--not a hasty one, like that of General Grant, for instance,
or of other officers or citizens, but a sojourn occupying time,
extending through different States,--and the results are recorded in a
careful document. Now, Sir, if the question were trivial, if it were
transitory, I should think the Senator was right; but, if he persists
in his motion, I shall not oppose it.

    Mr. Sherman insisted upon his motion, and said: “It is unusual
    to read documents in this way.” Mr. Doolittle, of Wisconsin,
    called attention to a remark of Mr. Sumner, which he thought
    he ought “to qualify at least, if not altogether retract.” The
    objectionable remark was then stated. “Speaking of the message
    just received from the President of the United States, he said
    that it was like the whitewashing message of Franklin Pierce,
    to cover up the transactions in Kansas.… Now, Mr. President, I
    think the Senator from Massachusetts must have let fall that
    expression without due consideration”; and he concluded by
    saying: “I believe, Sir, certainly I think I ought to believe,
    that the honorable Senator from Massachusetts will at least
    modify or qualify, if he does not wholly retract, this strong
    expression.”

    Mr. Sumner followed:--

MR. PRESIDENT,--I have nothing to retract, nothing to modify, nothing
to qualify. In former days there was one Kansas suffering under illegal
power; there are now eleven Kansases suffering as that one; therefore,
as eleven is more than one, so is the enormity of the present time more
than the enormity in the day of Franklin Pierce.

    Mr. Dixon, of Connecticut, said: “A charge has been directly
    made here by the Senator that the President has sent in a
    whitewashing report.… When such a charge as that is brought
    in the Senate, I think it calls for some notice, and I
    take the liberty, with all my respect for the Senator from
    Massachusetts, to deny that there is anything in that report
    of a whitewashing character.” Mr. Doolittle spoke again:
    “I was not pained because the honorable Senator differed
    from the President; I knew he differed from the President
    on this question; but I was pained, and I confess very much
    disappointed, to hear that Senator, as I should be to hear any
    other Senator on the floor of the Senate, question the truth,
    the integrity, or the patriotism of the President, however much
    he might disagree with me in opinion.”

    Mr. Sumner spoke again:--

MR. PRESIDENT,--I am sorry that I have given pain to honorable friends.
I certainly did not intend it. They suggest that a question has been
raised as to the policy of the President. I have raised no such
question, and have expressed no opinion in regard to it. The Senator
from Wisconsin dwells on that point, and reminds the Senate that the
policy of the President was not in question. I knew it was not in
question, and therefore I expressed no opinion upon it; for, when I
speak here, I try to speak directly to the question. There was then
no question on the policy of the President. Had there been, I should
have been ready to meet it. At the proper time I shall meet it fully,
plainly, unequivocally, I trust, as becomes a member of this body.

The only question, then, was on the character of the document just
read; and that I exhibited, compendiously, as whitewashing; and
then my honorable friends rise, one after the other, and, like two
lexicographers, proceed with a definition of “whitewash.” I do not
accept their definition. I intended no such thing as either the
Senator from Connecticut or the Senator from Wisconsin attempted to
impute. I have no reflection to make on the patriotism or the truth
of the President. Never, in public or in private, have I made any
such reflection, and I do not begin now. When I spoke, it was of the
document read at the desk. I characterized it as I thought I ought.

My memory goes back in this Chamber further than that of many about
me. I remember that other scene, when a whitewashing message came from
Franklin Pierce. We all at that time called it whitewashing; and I
am not aware that any one, even on the other side, undertook to play
the part that my honorable friends from Wisconsin and Connecticut
undertake to perform. The message was so called because we all felt
that it was whitewashing; and I undertook at once, to-day, on listening
to the document read at the desk, to characterize it precisely as the
patriotic party of 1856 characterized the message of Franklin Pierce.

    Mr. Dixon added, that, if Mr. Sumner had said that he did
    not intend his remarks in an offensive tone, but considered
    “whitewashing” a polite and proper word to apply to the message
    of the President, he should have accepted his explanation.
    Mr. Trumbull expressed a hope “that this unprofitable debate
    might cease.” Mr. Fessenden remarked: “This is a mere matter
    of definitions, and it ought to be referred to some maker of
    dictionaries.”

    The motion of Mr. Sherman prevailed without a division, and the
    message and accompanying documents were ordered to be printed.

    The report of General Schurz was a remarkable document, founded
    on an official visit, at the appointment of President Johnson,
    and with its accompanying papers occupied more than a hundred
    pages.[20] It bristled with testimony, not only from his own
    observation, but from that of generals and other officers on
    the spot. “An utter absence of national feeling”; “an entire
    absence of that national spirit which forms the basis of
    true loyalty and patriotism”; “although the freedman is no
    longer considered the property of the individual master, he is
    considered the slave of society,” with the notion “that the
    elevation of the blacks will be the degradation of the whites”;
    “the practice of corporal punishment is still continued to a
    great extent”; “the habit is so inveterate with a great many
    persons as to render, on the least provocation, the impulse to
    whip a negro almost irresistible”; “the maiming and killing of
    colored men seems to be looked upon by many as one of those
    venial offences which must be forgiven to the outraged feelings
    of a wronged and robbed people”; “the number of murders and
    assaults perpetrated upon negroes is very great”: these are
    words of General Schurz. The accompanying testimony supplies
    fearful details. All this was painfully inconsistent with the
    message of the President and the report of General Grant.

       *       *       *       *       *

    The marked effect of this incident shows the sensitive
    condition of the public mind. The word “whitewashing” became a
    text for the press on opposite sides. The interest also found
    expression in letters.

       *       *       *       *       *

    Wendell Phillips, the orator, always sympathizing with every
    earnest word for Human Rights, wrote from Boston:--

        “Glorious! just the truth, and just the time and place to
        speak it, was your graphic and most effective description
        of the President’s message. I say this, not that you need
        confirmation, but because, hearing the clamor against you,
        it seems right you should have the ‘cheers’ as well as the
        ‘hisses.’”

    Rev. Justin D. Fulton, a successful Baptist preacher, wrote
    from Boston:--

        “Before I can begin my sermon, I want to send you my thanks
        for your noble stand in the Senate of the United States
        against the President and for the country. Last Sabbath,
        in the great congregation, I publicly thanked God that
        you used the word ‘whitewashing.’ The same thing I did in
        Albany; the same thing I do now.”

    Hon. Thomas Russell, Judge of the Superior Court, and
    afterwards Collector of the port of Boston, wrote from Boston:--

        “I only write to thank you heartily for your courage and
        fidelity. I would say, ‘Go on,’ but that is needless.”

    Edward W. Kinsley, a merchant, who never forgot the claims of
    Human Rights or of personal friendship, wrote from Boston:--

        “I know you are too busy to read any letter from me; but I
        cannot let the day pass without thanking you for the course
        you are taking in the Senate this session. Thank God, we
        have one man on the watch-tower who will not slumber or
        sleep.”

    Hon. Samuel E. Sewall, the able lawyer and Abolitionist, wrote
    from Boston:--

        “I do not know any man who is doing so much for the
        country, in the present crisis, as you are by your speeches
        and writings. We are all here watching the course of
        Congress with the deepest anxiety.”

    Nathaniel Moody, always on the side of Humanity, wrote from
    Chelsea, Massachusetts:--

        “Permit me, as one of your constituents, to thank you for
        the noble stand you have taken in regard to Reconstruction,
        which I regard of quite as much importance as was the
        persistent prosecution of the war just brought to a
        successful conclusion. I did expect no less from you,
        considering your former great efforts in the true cause of
        Humanity.”

    Mrs. John Davis, widow of Mr. Sumner’s first colleague in the
    Senate, wrote from Worcester, Massachusetts:--

        “We hope the whitewashing is over, and that common sense,
        to say nothing of justice, will resume the sway.”

    Rev. George N. Richardson wrote from Westborough,
    Massachusetts:--

        “You are bearing yourself so bravely and faithfully in
        behalf of a cause very dear to me, that it is the impulse
        of my heart to thank and bless you.”

    Rev. Richard S. Storrs, the eminent Congregational clergyman,
    wrote from Braintree, Massachusetts:--

        “It must be a great satisfaction to you to know that
        you have the unlimited confidence and sympathy of your
        constituents; and I am sure you have the approval of all
        loyal men and _angels_, while struggling against the
        devices of the arch enemy of God and man.”

    Rev. J. R. W. Sloane, a pastor of the Presbyterian Church,
    wrote from New York:--

         “To yourself and Thaddeus Stevens the nation is now
        looking as the defenders of Truth and Justice. Thanks for
        your just rebuke of the President’s ‘whitewashing’ message.
        The statements of this paper are directly in the face of
        what I know to be the state of things in the South. I
        rejoice that it did not pass unrebuked.”

    E. Burt wrote earnestly from Cleveland, Ohio:--

        “Thanks be to our Heavenly Father, dear Sir, that there are
        no Brookses in Congress this year, to raise their canes
        over any man’s head. Now, Sir, my prayer is, that God may
        give you strength to do your duty this year, as no other
        man in or out of Congress can do it; for no other man has
        shown up the barbarism of Slavery like yourself. Sir, when
        but a few days ago you asked the reading of Carl Schurz’s
        report, and it was not granted, my blood started with such
        a rush in my veins that I could hardly contain myself.
        ‘What!’ said I, ‘has it come to this, after the loss of so
        many of the most valuable lives of our dear countrymen, so
        much of blood and treasure?’”

    Thomas D. Hoxsey wrote from Paterson, New Jersey:--

        “You have to fight your old battle over again, and I only
        hope and trust that you may have the physical health to
        stand firm where your late speeches place you.”

    Colonel Wentworth Higginson, who served so well at the head of
    colored troops, and does such honor to American literature,
    in a letter from Newport, Rhode Island, thanking Mr. Sumner
    for speeches, added, “especially that one word _whitewashing_,
    which was the best speech of all.”

       *       *       *       *       *

    These brief utterances illustrate the sentiment beginning to
    prevail. The issue with the President, already foreseen, had
    come.




ENFRANCHISEMENT AND PROTECTION OF FREEDMEN.

ACTUAL CONDITION OF THE REBEL STATES.

SPEECH IN THE SENATE, ON A BILL TO MAINTAIN FREEDOM IN THOSE STATES,
DECEMBER 20, 1865.


    On the day after the “whitewashing” incident, Mr. Sumner
    seized an opportunity of setting forth the actual condition
    of the States lately in rebellion, and the duty of Congress
    with regard to them. He took the floor on a bill, introduced
    by his colleague, Mr. Wilson, “to maintain the freedom of
    the inhabitants in the States declared in insurrection and
    rebellion by the Proclamation of the President of the first of
    July, 1862,” and spoke as follows.

MR. PRESIDENT,--When I think of what occurred yesterday in this
Chamber, when I call to mind the attempt to whitewash the unhappy
condition of the Rebel States, and to throw the mantle of official
oblivion over sickening and heartrending outrages, where Human Rights
are sacrificed and Rebel Barbarism receives a new letter of license,
I feel that I ought to speak of nothing else. Years ago, in the days
of Kansas, I stood here when one small community was surrendered to
the machinations of slave-masters. I stand here again, when, alas!
an immense region, with millions of people, is surrendered to the
machinations of slave-masters. Sir, it is the duty of Congress to
arrest this fatal fury. Congress must dare to be brave; it must dare
to be just. I shall not be diverted from the question before the
Senate, although, in unfolding the necessity of present legislation for
the protection of freedmen, I shall be led necessarily and logically to
speak of the condition of the Rebel States.

All must admit that the bill of my colleague is excellent in purpose.
It proposes nothing less than to establish Equality before the Law,
at least so far as civil rights are concerned, in the Rebel States.
This is done simply to carry out and maintain the Proclamation of
Emancipation, by which the Republic is solemnly pledged to “maintain”
the emancipated slave in freedom. Here is our pledge: “The Executive
Government of the United States, including the military and naval
authorities thereof, will recognize and _maintain the freedom of said
persons_.” The pledge is without limitation in space or time. It is as
extended and as immortal as the Republic itself. Does anybody call it
vain words? I trust not. To that pledge we are solemnly bound. Wherever
our flag floats, as long as time endures, we must see that it is
sacredly observed.

The performance of this pledge cannot be intrusted to another; least
of all can it be intrusted to ancient slave-masters, embittered
against the slave. It must be performed by the National Government.
The power that gave freedom must see that freedom is maintained. This
is according to reason. It is also according to examples of history.
In the British West Indies we find this teaching. Three of England’s
greatest orators and statesmen, Burke, Canning, and Brougham, at
successive periods united in declaring, from experience in the British
West Indies, that whatever the slave-masters undertook to do for their
slaves was always “arrant trifling,” and that, whatever might be its
plausible form, it always wanted “an executory principle.”[21] More
recently the Emperor of Russia, when ordering Emancipation, declared
that all efforts of his predecessors in this direction had failed,
because left to “the spontaneous initiative of the proprietors.” I
might say much more on this head, but this is enough. I assume that no
such blunder will be made by us,--that we shall not leave to the old
proprietors the maintenance of that freedom to which we are pledged,
and thus break our own promises and sacrifice a race.

       *       *       *       *       *

Elsewhere I have alluded to Emancipation in Russia.[22] But the example
is worthy our deepest study, unless we purposely reject history. All
know that in 1861 the Emperor by solemn proclamation gave freedom to
upward of twenty-three million serfs; but it is not generally known by
what supplementary provisions this freedom was assured.

I have in my hands an official copy of this great act, published at St.
Petersburg, by which it is declared that the serfs, after an interval
of two years, are “entirely enfranchised.”[23] Under this Proclamation,
a new set of local magistrates is constituted, with “special court” and
“justices of the peace” in each district, to superintend the working of
the Proclamation, and to examine on the spot all questions arising from
Emancipation. The provision is not unlike our Bureau of Freedmen, which
is vindicated by this example.

The good work did not stop here. The Emperor did not leave the
freedmen without protection, handed over to the tender mercies of
former owners. By a careful series of “Regulations” accompanying the
Proclamation, prepared with minutest care, and divided into chapters
and sections, their rights are secured beyond question. A copy of this
remarkable document shows it to be a model for generous imitation.

These “Regulations” begin with a formal declaration, that the freedmen
by the act of Emancipation “acquire the rights belonging to free
farmers.” The language is general. It is “the rights of free farmers,”
not in certain particulars, but in all particulars,--not merely
in exemption from the authority of their masters, but in complete
enfranchisement. Surely this is an example for us.

The “Regulations” then proceed in formal words to fix and assure these
rights, civil and political. They are not left to inference or to
future discussion, but positively declared with all possible detail.

By one section the freedman is secured in all his _rights of family_
and _rights of contract_, as follows:--

    “The articles of the Civil Code on the rights and obligations
    of the family are extended to the freedmen; consequently they
    acquire the right, without the authorization of the proprietor,
    to contract marriage, and to make any arrangement whatever
    concerning their family affairs; 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; 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.”

Here is a beautiful example for us.

By another section the freedman is secured in _rights of property_.
He may acquire and alienate property of all kinds, according to the
general law; and, besides, “the possession of the homestead” on which
he has lived is guarantied to him on certain conditions. Here is
another example for us.

By further provision the freedman is secured complete _Equality in the
courts_:--

    “He shall have the right of action, whether civilly or
    criminally, to commence process, and to answer personally or by
    attorney, to make complaint, and to defend his rights by all
    the means known to the law, _and to appear as witness and as
    bail conformably to the common law_.”

Mark these words. He may appear “as witness and as bail.” It is an
example for us.

By other provisions the freedman is secured _Equality in political
rights_, according to the measure of such rights in Russia, thus:--

    “On the organization of the towns, he 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; and he shall
    also take part in assemblies for the district, and shall vote
    on district affairs, and choose the chairman.”

From all the provisions on this head it appears that the freedman
enjoys rights to choose local officers, and to be chosen in turn. Here
also is an example for us.

By still another section the freedman is secured _Equality at school
and in education_, thus:--

     “He may place his 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.”

Here again is an example for us.

Then, still further, for the general protection of the freedman, it
is provided that he “cannot lose his rights, or be restrained in
their exercise, except after the judgment of the town according to
fixed rules”; and still further, that he “cannot be subjected to any
punishment, otherwise than by notice of a judgment, or according to
the legal decision of the town to which he belongs.” Here, too, is an
example for us.

Thus does Russia, by careful provisions, supplementary to the act of
Emancipation, assure her freedmen in all their rights: first, the right
of family and the right of contract; secondly, the right of property,
including a homestead; thirdly, complete Equality in the courts;
fourthly, Equality in political rights; fifthly, Equality at school and
in education; and, finally, all these precious safeguards are crowned
by declaring that they cannot lose their rights, or be punished, except
after judgment according to fixed rules: thus completely fulfilling
that requirement of our fathers, that government should be “a
government of laws, and not of men.”[24]

I trust that this grand example is none the less worthy of imitation
because from an empire which is not supposed to sympathize with
liberal ideas. The Republic cannot in this respect lag behind the
Empire. Besides, all that we hear shows that the experiment has been
successful. An experiment inspired so completely by the spirit of
justice cannot fail.

My colleague is right in introducing his bill and pressing it to a
vote. The argument for it is irresistible. It is essential to complete
Emancipation. Without it Emancipation will be only _half done_. It is
our duty to see that it is wholly done. Slavery must be abolished not
in form only, but in substance, so that there shall be no Black Code,
but all shall be Equal before the Law.

As to the power of Congress over this question, I cannot doubt it.
My colleague assumes the power, without tracing it to any particular
source. It may be a military power, precisely as the Proclamation
of Emancipation,--and here the authority is as clear and absolute
as in the District of Columbia; or it may be in pursuance of the
Constitutional Amendment, which provides that Congress may “enforce
this Article by appropriate legislation”; or it may be to carry out the
guaranty of a republican form of government.

There are measures of my own, already introduced by me, now on your
table, looking to the same result as the pending bill, which proceed
specifically on the two latter grounds.

One of these is entitled “A bill supplying appropriate legislation to
enforce the Amendment to the Constitution prohibiting Slavery,” from
which I read two sections.

    Here Mr. Sumner read sections 3 and 4, as given on a previous
    page.[25]

This bill proceeds on the idea that the Amendment is now part of
the Constitution to all intents and purposes. And who can doubt
this? Already it is adopted by three fourths of the States having
Legislatures,--in other words, by “the Legislatures of three fourths
of the several States.” The States having no Legislatures at the time
of its proposition by Congress cannot be counted. Of what value is the
enforced consent of disloyal and barbarous bodies pretending to act for
certain States at the dictation of military power? Military power may
govern during the war; but it is impotent to make a republican State,
or to adopt an Amendment of the Constitution.

Another bill introduced by me, and now on the table, is founded on the
guaranty clause. I give its title: “A bill in part execution of the
guaranty of a Republican form of Government in the Constitution of the
United States.”[26]

Both these bills are broader even than that of my colleague; for
they point to the absolute obliteration of all legal discriminations
founded on color, whether in the court-room or at the ballot-box; and
to this conclusion we must come at last. But I confess that I feel the
dignity, the grandeur, and the substantial value which would be found
in a declaration of Congress, that an oligarchical government, denying
rights to a whole race, undertaking to tax without representation, and
discarding “the consent of the governed” as its just foundation, cannot
be “republican.”

The most explicit, the most positive, the most mandatory words in the
Constitution are, “The United States shall guaranty to every State
in this Union a republican form of government.” This great duty is
thrown not upon any individual branch of the Government, but upon
the United States. It is a duty to “guaranty”--which in itself is a
strong term--what? A republican form of government. Now, by the lapse
of State governments in the Rebel States, this duty is cast upon the
United States. But the United States are represented in Congress, or
rather by Act of Congress, which in itself is the embodied will of
both Houses and of the President. Congress must, therefore, determine
what is a republican form of government. Into this question I do not
now enter. At the proper time I hope to consider it.[27] For the
present I content myself with the remark, that it is absurd to say
that a community founded on oligarchical pretensions, excluding from
all participation in the government any considerable proportion of its
tax-paying citizens, and ignoring the consent of the governed, can be
considered a republican form of government. On this proposition I hope
to be heard at an early day. Here is one of the greatest questions of
our history.

       *       *       *       *       *

After this brief review of the object to be accomplished, I am brought
to consider the practical necessity of such legislation; and here it is
my duty to expose the actual condition of the Rebel States, especially
as regards loyalty and the treatment of the freedmen. On this head I
shall adduce evidence in my possession. In the endeavor to bring what
I say within reasonable proportions, I shall adduce only a small part
of what has passed under my eye; but it will be more than enough. In
bringing it forward, the difficulty is of selection and abridgment.

I begin with something relating to the condition of the Rebel States
generally, and shall then consider the different States successively.

And now, first, as to the Rebel States generally. I know no testimony
that has found its way to the public, with regard to the general
condition of the South, which will compare in value with a series
of letters by A. Warren Kelsey, a business agent of character and
intelligence above question, who has travelled through the Rebel
States. His communications with his employers show singular powers of
observation, and are expressed with great clearness. Of course I can
give only a few extracts.

    “In travelling about, as I have, from one section of the
    country to the other, I have been able to compare opinions,
    and, as you know, I have had peculiar and favorable
    opportunities for ascertaining the views they have in common.
    I have endeavored to trace the motives from which they have
    acted and which now animate them, and their _real_ purpose
    for the future, if they have one. In giving you my opinion
    now, it is proper to say that I have taken no one individual
    as a criterion of the whole, and have judged them only by
    the opinions I find they are generally agreed upon; neither
    have I any one’s statement for their thoughts and actions. My
    opinions, deductions, and conclusions are derived from my own
    experience and observation among them, and, whether they shall
    be confirmed or denied by others, are, notwithstanding, my
    honest and sincere convictions.

    …

    “While I am able to say that they have made up their minds
    that Emancipation is a fact, and not to be avoided, I am
    obliged to state my earnest opinion, that, so far as secession
    is concerned,--that is, the doctrine of State Rights,--it is
    more deeply rooted than ever among them. They are perfectly
    united in the belief that the division of this country is
    both right from a moral stand-point and politic as a measure
    of expediency. They have simply changed their base from the
    battle-field to the ballot-box, believing, as they very frankly
    admit, that greater triumphs await them there than they could
    ever hope for in the field. In almost every house hangs the
    old, worn Confederate uniform, which is displayed with pride
    and satisfaction to all comers. So far from repenting of the
    stand they took, they glory in it. They regret the result, and
    their non-success, it is true, but not one in a thousand will
    admit they were in the wrong.

    …

    “They argue that at least ninety-five in every two hundred
    votes at the North are sure to be thrown in their favor, and
    they can now rule the Union by giving up, which is cheaper
    than to persist in their idea of a separate government. That
    idea, however, is only laid aside for a time. Every boy at the
    South is being educated in the belief that the relations the
    South to-day sustains toward the North are the same as those of
    Hungary or Venetia toward Austria, or of Poland to Russia. They
    bide their time. They have adopted for their motto, ‘Patience,
    and shuffle the cards.’ The snake, so far from being killed, is
    barely ‘scotched.’ Meantime they deem it better to rule in the
    Union than to serve in the Confederate army.

    …

    “As to their affection for their military leaders, you will
    find proof in the elections at Richmond and South Carolina.
    No man has a better claim to their sympathy, and none stand a
    better chance of election, than those who were the last to give
    up. Motives of policy may induce them to nominate others, but
    the fact remains as I have stated. I repeat, that General Lee
    and Wade Hampton are the two most popular and best loved men in
    the South to-day. I have heard but one disparaging remark made
    of General Lee since I was at the South, and that was in this
    connection. I was riding one night in a hack across the gap
    in a railway, made by Wilson, and, as usual, the conversation
    turned on political affairs and the condition and prospects of
    the Southern people. One man said that General Lee stood the
    best chance for the next Presidency,--by the way, that is a
    very prevalent idea here at the South,--when another remarked
    that he would rather have Andrew Johnson. I was curious to
    know why, and inquired. He replied, that ‘he had but little
    confidence in Lee since he favored negro soldiers, and in his
    opinion he was not much better than a Black Republican.’

    …

    “At present every one at the South is occupied in his personal
    and family interests. There are no political parties,--very
    little coherence of opinion as to the policy best to be
    pursued. But I find among the knowing ones, particularly
    those who have been on to the North, and remained some time
    in New York or Washington, a sanguine belief that they can
    easily resume the reins of office; and these men are the only
    Unionists in the South to-day. You can depend upon it, that
    the Southern States in the future will present one solid,
    unanimous front; their leaders have them well in hand. And
    this is precisely what ninety-nine in every hundred of the
    men, women, and children believe sincerely as to the situation
    to-day: first, that the South of right possesses, and always
    possessed, the right of secession; secondly, that the war only
    proved that the North was the strongest; thirdly, that Negro
    Slavery was and is right, but has been abolished by the war.
    The Southerners are too smart not to see that Slavery is dead,
    but many of them hope as long as the black race exists here
    to be able to hold it in a condition of practical serfdom.
    All expect the negro will be killed in one way or another by
    Emancipation. The policy of those who will eventually become
    the leaders here at the South is, for the present, to accept
    the best they can get, to acquiesce in anything and everything,
    but to strain every nerve to regain the political power and
    ascendency they held under Buchanan. This they believe cannot
    be postponed longer than up to the next Presidential election.
    They will do all in their power to resist Negro Suffrage,
    to reduce taxation and expenditures, and would attack the
    national debt, if they saw any reason to believe repudiation
    possible. They will continue to assert the inferiority of the
    African; and they would to-day, if possible, precipitate the
    United States into a foreign war, believing they could then
    reassert and obtain their independence. They will, most of
    them, take any oaths you may cause to be adopted, and break
    them immediately, and without scruple. In one word, this people
    have placed themselves in resolute antagonism to the North,
    and _this_ generation, at least, will always hate the Northern
    people, while the boys are being educated to the same idea.

    …

    “On the whole, looking at the affair from all sides, it amounts
    to just this: if the Northern people are content to be ruled
    over by the Southerners, they will continue in the Union; if
    not, the first chance they get, they will rise again.”[28]

Other testimony is in harmony. For instance, a trustworthy traveller,
who has recently traversed the Gulf States, thus writes in a private
letter to myself:--

    “The former masters exhibit a most cruel, remorseless, and
    vindictive spirit toward 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.”

Such a people already talk of repudiating the national debt. To the
question, “Would it be safe to trust white men at the South with the
power to repudiate the national debt?” a person in gray uniform at once
replied: “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.” Such is the spirit of these
States. But a candidate for Congress in Virginia undertook to speak for
the Rebel States.

    “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_.”

A late writer, who within a few days has returned from an extensive
tour in North Carolina, South Carolina, and Georgia, and who now enjoys
a seat in your Reporters’ Gallery, thus testifies with regard to the
national debt:--

     “The national debt doubtless seems to you beyond the reach
    of any hand. Yet I regard it as very probable that one or
    two or all of three things will be attempted within three
    years after the Southern members of Congress are admitted to
    seats,--the repudiation of the National debt, the assumption
    of the Confederate debt, or the payment of several hundred
    million dollars to the South for property destroyed and slaves
    emancipated. I met several shrewd and intelligent men who
    expressed the belief that Confederate bonds will be worth
    something in two or three years. One told me that large amounts
    were held in New York and England, and he expected steps would
    be taken within five years toward paying them from the National
    Treasury. I heard no man openly advocate the repudiation of the
    National debt, but scores argued to me that it would not be
    fair to make the South pay any part of it; and one man said he
    believed, if the case were only carried up, that the Supreme
    Court would so decide. The idea that the nation will pay the
    South for her slaves extensively prevails both in Georgia and
    South Carolina. It is incorporated into the new Constitution
    of Georgia, and is openly advocated by many influential men
    in South Carolina. Wherefore, I say, the national debt needs
    watching.”

Let the Secretary of the Treasury[29] take notice, and not expose the
national finances to the peril which menaces them.

       *       *       *       *       *

Passing from this testimony, which is general, I come to the neighbor
State of Virginia. I read from a private letter received by myself from
a Government officer there:--

     “We who are here have a much better opportunity of knowing
    the feeling of the people than you at a distance, for they will
    not speak as freely before you as they will before us here
    and among themselves. The feeling of disloyalty is as strong
    here now as it was during the war, but they cannot show it as
    they did then; and with regard to the freedmen there is every
    disposition on their part to make them odious. They constantly
    talk of insurrection, insubordination, thieving, idleness, and
    every species of crime and vice; all of which I assure you is
    entirely false. They are perfectly subordinate to every law,
    and, so far as thieving is concerned, such an assertion is
    gratuitous or false; for all cases of thieving, certainly, I am
    sorry to say, are done by the whites.”

I also read from another private letter:--

    “The clash of arms has subsided, the serried hosts of Rebels
    have been disbanded, and the huge paraphernalia of war have
    been scattered; but, notwithstanding these facts, the low
    mutterings of sullen discontent are yet heard, and the desire
    to persecute and break down all truly loyal men is exhibited on
    every hand with even more sly ferocity than while the war of
    sections raged.

    “We are residents of this city, each engaged in public
    business, and consequently thrown into contact with all classes
    of citizens. Hourly we hear denunciations of the Government,
    and prayers for the removal of the military. And why these
    denunciations and these prayers, if the oath of allegiance had
    been honestly taken, to be sacredly observed? No, Gentlemen,
    the spirit of rebellion is not dead, and will never die while
    Democratic leaders in the South are relieved of their treachery
    and turned loose to stir up sedition and to incite rebellion.
    The men make loud professions of loyalty, and their press
    reverberates the echo from hill and valley; but you have only
    to read their fanfaronades on loyalty to satisfy yourselves of
    the bitter hatred that fills their breasts against the Union,
    and the burning hate with which they will proceed to pour out
    the vials of their wrath upon all Union men, when once they
    can secure seats in Congress and get possession of the reins
    of State government. In their hearts they cling as ardently to
    State sovereignty as ever, and once give them the power and
    they will tax the loyal people to the full value of the slave
    property destroyed by the war. Mark this prediction.”

Another private letter, from a person so situated as to be singularly
well informed, thus foreshadows a system of Peonage:--

    “The necessity of the courts is beyond all question. Even with
    these courts it requires watchfulness to protect the blacks.
    If they were left without these courts, the whites would keep
    them forever in bondage, by keeping them in debt; and I am
    afraid that the legislation of the States will be to the effect
    to establish here the Mexican system of Peonage, by using
    some very extraordinary terms to coerce ‘hatched-up’ accounts
    against the blacks.”

To this I might add indefinitely, exhibiting the bad temper and
disloyal spirit which prevail throughout Virginia. Bayonets are no
longer flashing there; bullets are no longer whizzing there; but the
traitorous soul that inspired the Rebellion still fills the State with
its malignant breath. Give it not, I entreat you, the power to rule.

       *       *       *       *       *

From Virginia pass to North Carolina. Here the testimony is the same.
During this week I have seen Government officers who have been in
service, one since 1863, who report that it is not safe to speak one’s
sentiments there; that liberty of speech does not exist; that the
freedmen, so far from being lazy or remiss, are willing to work, but
that they are exposed to unutterable hardship and cruelty. On these
points the testimony is explicit. A loyal resident of North Carolina
writes me:--

    “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 toward the
    Government. _I know there is more toward Union men, both black
    and white._”

More hatred toward the Union men, both white and black, than one year
ago! Such is the condition of North Carolina.

In accordance with this is other testimony.

    “Two women, school-teachers, who were recently sent from
    Wilmington to Fayetteville to establish a school for colored
    children, were informed by the sheriff of the county that they
    would not be allowed to start their schools, nor would they be
    allowed to land; but they might remain on the steamer until her
    return to Wilmington, inasmuch as they were women; if they were
    men, they would receive such treatment as was awarded to such
    meddlesome characters before the war.

    “Mr. Dickinson says, that, while he was in Fayetteville, a
    negro was strung up by the thumbs in the public square, and
    received forty-nine lashes from a civil officer recently
    appointed by Governor Holden.”

A Wilmington paper makes the following report.

    “General Ames, General Duncan, and Colonel Donnelson have
    returned from an official visit to Fayetteville, where they
    went to ascertain the truth of the reports coming from there in
    regard to the treatment of the colored people.

    “The result of their visit substantiates the fact that the
    negroes have been cruelly treated, not only by the civilians,
    but also by the civil authorities there.

    “Two negroes were tied up and publicly whipped by the sheriff,
    on the sentence of a magistrate.

    “Other negroes were tied up to trees and whipped, and left tied
    to the trees until a storm came up and prostrated the trees,
    and the poor negroes fell with them.

    “Citizens exercised the authority of masters over the negroes,
    and punished them at their will with such severity as to them
    seemed fit.

    “It is even reported that negroes have been killed in the most
    cruel manner.”

Why heap instances? They might be piled high; but why pain the heart by
such an exhibition?

       *       *       *       *       *

From North Carolina pass to South Carolina, where the testimony is,
if possible, still more explicit. The spirit of this Rebel State, yet
rebel in heart, appears in the well-known letter from Wade Hampton,
which I do not stop to quote. It is especially manifest in the frank
speech of James R. Campbell in the Convention, from which I read an
extract.

     “I believe, that, when our votes are admitted into that
    Congress, if we are tolerably wise, governed by a moderate
    share of common sense, we will have our own way. I am speaking
    now not to be reported. We will have our own way yet, if we
    are true to ourselves. We know the past; we know not what is
    to be our future. Are we not in a condition to accept what we
    cannot help? Are we not in a condition where it is the part of
    wisdom to wait and give what we cannot avoid giving? I believe
    as surely as we are a people, so surely, if we are guided by
    wisdom, we will by the beginning of the next Presidential
    election, which is all that is known of the Constitution, (for,
    when you talk of the Constitution of the United States, it
    means the Presidential election, and the share of the spoils,)
    I believe then we may hold the balance of power.”

That Mr. Campbell spoke according to the sentiments of the prevailing
politicians is attested by a private letter which I have received from
a Government officer so situated there as to know the real condition of
things. I read extracts only.

    “The speeches in Convention and Legislature are doubtless known
    to you, and the _animus_ pervading all action of these bodies.
    Mr. Campbell expressed it exactly. Let us do what we _have to_,
    as little as we are obliged to, get into Congress somehow, and
    _then_ pay off the score. One or two minor matters in this
    connection I mention as showing how the current sets.

    “1. _The election for members of Convention, 4th September._
    The favorites in every contested case were those most prominent
    in Secession proceedings of past years. The majority of them
    did not take the amnesty oath.…

    “2. Not even the prospect of securing a favorable recognition
    in Congress could secure the election of any man tainted with
    Unionism, in opposition to any candidate thoroughly established
    as an opponent to the Government in past time.

    “3. And yet, strange as it may seem, _the people_--by
    which I mean the planters generally, exclusive of the
    _politicians_--are not savagely disloyal; and this is one main
    point to which I desire earnestly to testify. It is a fact
    that the political working of the State is in the hands of one
    hundred and fifty to one hundred and eighty men. It has taken
    me six months to appreciate the _entireness_ of the fact,
    though of course I had heard it stated.

    “It seems to me a most Providential opportunity is now
    offered to break up this maladministration of politics.
    The people among whom I move are becoming restive under
    present disadvantages, and criticize sharply the acts of the
    Legislature, which seem to delay Reconstruction. If the State
    is refused representation in the present Congress, and the
    acts of the State Legislature, its speeches, its Black Code,
    its general fractious and combative attitude, its spirit
    in accepting the Constitutional Amendment and refusing the
    annulment of Secession Ordinances are brought to light,--if, in
    a word, it can be shown that the long recognized politicians
    of the State have thoroughly damaged the State by taking her
    out of the Union, and have also kept her from coming in, _there
    will be a political revolution in the State in less than two
    months_. The Rebels so promptly pardoned by the President will
    meet no such complacency from the people. I _know_ this to be
    true,--am taught it anew every day.

    “If the State authority is to be recognized, and the present
    Legislature triumphs by forcing the State into the Union, I
    anticipate very disastrous consequences. The freed people are
    well enough; they do not know as much as could be desired,
    but they know quite as much as could be expected, and are
    open to instruction. But that instruction must come from
    _the Government, through the military_, untrammelled by any
    fractious jobbing of State Legislatures. There is no confidence
    on the part of the freed people in the _State_; they only know
    the United States Government, and no other will answer.”

Here is a letter from a South-Carolinian who served in the Rebel army,
but who now sees the error of his ways.

    “I am sorry to say Governor Orr’s inaugural yesterday received
    no applause at all from the audience: its sentiments were
    too Union-loving for them. I am sorry also to say that the
    South-Carolinians generally entertain to a great extent their
    old ideas and prejudices, so disastrous of late to the State.
    One is almost compelled to think they insanely wish to bring
    upon themselves more and greater mortifications. Witness the
    vote given Hampton, who refused to be a candidate. What an
    unwise display of a factious and discontented spirit! Few seem
    willing to admit the simple proposition that all causes of
    ill-feeling between North and South have been settled by the
    arbitrament of the sword, and we must submit sincerely. They
    seek rather to keep alive the ill-feeling that has made us
    unhappy for so many years, _and that ill-advised disposition to
    supervise the actions of the United States Government_.

    “If this war does not settle all issues, and settle them
    forever, _it will be because the General Government fails
    to use the power it has obtained_. I am as dear a lover of
    South Carolina as any man in it, and for that reason I wish
    to see peace and harmony restored throughout its borders.
    But that can never be, if the men who tried hardest to break
    up the Government are, immediately they find themselves
    unsuccessful with the sword, _allowed to take seats in Congress
    and recommence the agitation with their tongues and by their
    arguments and votes. More inflammatory speeches were not made
    in 1860 than have been delivered during the late canvass. If
    examples are not made, if leading men are not made to feel some
    ill effects from an unsuccessful attempt to revolutionize, then
    agitation will never cease, but will be kept up by ambitious
    men of mean talents, who can hope to rise only in times of
    disorder, or by operating upon and influencing the passions of
    the multitude._”

To cap the climax of this iniquity, a body of men calling themselves
the Legislature, but having small title to be considered a legal body,
have undertaken to enact a Black Code, separating the two races, in
defiance of every principle of Equality. I quote a provision fastening
apprenticeship or serfdom in new form upon the unhappy freedman.

    “Colored children, between the ages mentioned [males two and
    twenty-one, females two and eighteen], who have neither father
    nor mother _living in the district in which they are found_,
    or whose parents are paupers, or unable to afford to them
    maintenance, _or whose parents are not teaching them habits
    of industry and honesty_, or are persons of notoriously bad
    character, or are vagrants, or have been, either of them,
    convicted of an infamous offence, may be bound as apprentices
    by the District Judge, or one of the magistrates, for the
    aforesaid term.”[30]

Under these words no colored minor in the State is safe for one moment
from compulsory serfdom.

The lash is also prescribed as a means of enforcing contracts.[31] The
lash once more is to resound.

The planters at their public meetings give utterance to the same brutal
spirit. Here is a series of resolutions, where, after calling for the
withdrawal of the troops of the United States, and declaring themselves
pledged to the existing state of things, and that it is their “honest
purpose to abide thereby,” they proceed as follows.

    “_Resolved_, That, if inconsistent with the views of the
    authorities to remove the military, we express the opinion that
    the plan of the military _to compel the freedman_ to contract
    with his former owner, when desired by the latter, is wise,
    prudent, and absolutely necessary.

    “_Resolved_, That we, the planters of the district, pledge
    ourselves not to contract with any freedman, unless he can
    produce a certificate of regular discharge from his former
    owner.

    “_Resolved_, That under no circumstances whatsoever will we
    rent land to any freedmen, nor will we permit them to live on
    our premises as employees.”

Thus is the freedman, whose liberty the United States are bound
to maintain, handed over to _compulsory service_, and under no
circumstances is land to be rented to him. And yet these people
announce that they accept the existing state of things, and that it is
their honest purpose to abide thereby! Of course they accept a state of
things which leaves them once more “masters” of their former slaves. Of
course they will abide by this. Be it our function to teach them the
duty and necessity of Equal Rights.

       *       *       *       *       *

From South Carolina pass to Georgia, and there is the same wretched
story. The spirit of the State appears in the language of Mr. Simmons
in the Convention:--

    “Let us repudiate only under the lash and the application of
    military power; and then, as soon as we are an independent
    sovereignty, restored to our equal rights and privileges in the
    Union, let us immediately call another Convention and resume
    the debt.”

Testimony from various quarters shows the same spirit. A recent writer,
of unimpeachable authority, now sitting as reporter in your galleries,
thus testifies:--

    “In the stage between Augusta and Milledgeville I rode with
    two gentlemen of considerable local weight and prominence,
    who were both anti-secessionists in 1860-61. They talked of
    the approaching Convention, and of its probable action in
    redistricting the State for Representatives. ‘Well, Colonel,’
    said the younger, himself a man of over forty years,--‘well,
    Colonel, what will be our proper course, when we are once more
    fully restored to the Union?’ The answer came, after a moment’s
    consideration: ‘_We must strike hands with the Democratic party
    of the North, and manage them as we always have._’ There was a
    pause while we rattled down the hill, and then the questioner
    responded: ‘That is just it; _they were ready enough to give us
    control, if we gave them the offices, and I reckon they have
    not changed very much yet_.’ There was then conversation on
    other matters; but half an hour later, after a mile or so of
    silence, the Colonel suddenly resumed: ‘Yes, Sir, our duty is
    plain; we shall be without weight, now that Slavery is gone,
    unless we do join hands with them. Andy Johnson will want a
    reëlection, and the united _Democratic party must take him up.
    It shall be a fair division: we want the power, and they want
    the spoils._’”

The same writer, in another letter, shows how Rebels were honored in
the Convention.

    “‘I’ll be d--d, if I vote for any man who did not go with
    the State,’ said one of the delegates, while the canvass for
    officers was going on; in accordance with which spirit the
    secretary is a gentleman who was a colonel in the Rebel army,
    and the doorkeeper a gentleman who lost an arm in the service.”

Where such a spirit prevails, the freedmen fare badly. In Georgia they
are treated cruelly. A traveller writes:--

    “The hatred toward the negro as a freeman is intense among the
    low and brutal, who are the vast majority. Murders, shootings,
    whippings, robbing, and brutal treatment of every kind are
    daily inflicted upon them, and I am sorry to say in most cases
    they can get no redress. They don’t know where to complain or
    how to seek justice, after they have been abused and cheated.
    The habitual deference toward the white man makes them fearful
    of his anger and revenge.”

An official of the Government, after traversing Mississippi and
Alabama, writes from Georgia in a very recent letter:--

    “Every day the press of the South testifies to the outrages
    that are being perpetrated upon unoffending colored people by
    the State militia. These outrages are particularly flagrant
    in the States of Alabama and Mississippi, and are of such a
    character as to demand most imperatively the interposition of
    the National Executive. These men are rapidly inaugurating a
    condition of things, a feeling among the freedmen, that will,
    if not checked, ultimate in insurrection. The freedmen are
    peaceable and inoffensive; yet, if the whites continue to make
    it all their lives are worth to go through the country, as free
    people have a right to do, they will goad them to that point at
    which submission and patience cease to be a virtue.

    …

    “I call your attention to this matter, after reading and
    hearing from the most authentic sources, officers and others,
    for weeks, of the continuance of the militia robbing the
    colored people of their property,--arms,--shooting them in the
    public highways, if they refuse to halt, when so commanded,
    and lodging them in jail, if found from home without _passes_,
    and ask, as a matter of simple justice to an unoffending and
    downtrodden people, that you use your influence to induce
    the President to issue an order or proclamation forbidding
    such wicked and unlawful proceedings, and, if he deem it
    prudent, forbidding the organization of State militia. _The
    only military force_ NEEDED _in the South is more regular and
    volunteer troops to keep in proper subjection those lately in
    rebellion, and to teach them to treat the freed people in a
    manner becoming a civilized community_.”

Another witness, himself a Georgian, with ample opportunities of
information, testifies:--

    “I have personal and friendly relations with many leading men
    of this section: I had before the war. I have met many of them
    in New York and in Washington within the past few months, and
    have, as a citizen of the South, had frequent conversations
    with them upon our future, and the means that should be
    employed to begin it auspiciously. These interviews have been
    free and open in interchange of opinion, and I must believe
    that I had laid before me the intentions of those who must
    and will again assume the leadership here. If they are not so
    honored, their opinions will show how they _would_ lead, had
    they the power.

    “Among these were four ex-governors of three different
    States, who had received pardons from President Johnson. Our
    conversation naturally and necessarily turned to the future of
    the emancipated negroes. Their past and present condition was
    discussed, and their chances as well as our own were of course
    considered, and everything that could bear upon their future
    was canvassed. The course to be pursued by the Legislatures
    of the reconstructed States, and the laws to be enacted, in
    order to obtain the fulfilment of contracts with the freedmen
    employed, occupied no small portion of consideration. In this
    way I had full opportunity to learn the opinions of those who
    have been and will be again looked up to as the leaders and
    directors of Southern opinion and sentiment.

    “The unanimity of all was not the least singular thing,
    especially regarding the _status_ of the freedmen and their
    rights hereafter. If legal chicanery can avail, those rights
    will be but nominal, and they will remain, as they have ever
    been, isolated and apart,--free in name, but slaves in fact.”

It seems that in Georgia there is a body of men known as “Regulators,”
who are thus described by a correspondent of that journal which has for
years whitewashed the enormities of Slavery, the “New York Herald”:--

    “Springing naturally out of this disordered state of affairs
    is an organization of ‘Regulators,’ so called. Their numbers
    include many ex-Confederate cavaliers of the country, and their
    mission is to visit summary justice upon any offenders against
    the public peace. It is needless to say that their attention
    is largely directed to maintaining quiet and submission among
    the blacks. _The shooting or stringing up of some obstreperous
    ‘nigger’ by the ‘Regulators’ is so common an occurrence as to
    excite little remark. Nor is the work of proscription confined
    to the freedmen only._ The ‘Regulators’ go to the bottom of the
    matter, and strive to make it uncomfortably warm for any new
    settler with demoralizing innovations of wages for ‘niggers.’”

Such is the unimaginable atrocity which, according to friendly
authority, prevails in Georgia. The poor freedman is sacrificed. The
Northern settler, believing in Human Rights, is sacrificed also. Alas
that such scenes should disgrace our country and age! Alas that there
should be hesitation in applying the necessary remedy!

Surely this is enough. I do not stop to dwell on instances of frightful
barbarism. One is authenticated in the court of the provost-marshal,
where a colored girl was roasted alive! And another writer, in a
letter just received, describes a system of “burning” in Wilkes
County, Georgia, as “a mild means of extorting from the freed people a
confession as to where they have their arms and money concealed.” He
says, “They were held in the blaze.” Think of it, Sir, here, in this
Republic, they are held in a blaze! And the National Government looks
on!

       *       *       *       *       *

From Georgia pass to Alabama, only to find the same evil spirit and the
same succession of enormities, intensified, if possible. Here again I
am embarrassed by the variety and extent of evidence.

A recent private letter from Mobile testifies:--

    “The press and people here, with one voice, are loud in their
    praise of President Johnson, for his wholesale manner of
    dispensing pardons. But I have yet to see the first signs of
    repentance on the part of those who have received clemency from
    the Chief Magistrate of the Government. The existing feeling
    is, that no man who did not support the Confederacy is worthy
    of trust; and all offices are given to those who did their best
    to break up the country. President Johnson will find in the end
    that he has been too liberal in the exercise of clemency. And
    unless he changes his course, or is checked by Congress, the
    most corrupt men in the South will again get into power, and
    sway the destinies of this section of the country.

    …

    “And until the labor question is adjusted between the
    planters and the freedmen, we cannot look forward to a time
    of prosperity. The indications at present are not favorable
    to a satisfactory solution of this difficult problem. The
    planters hate the negro, and the latter class distrust the
    former; and while this state of things continues, there
    cannot be harmonious action in developing the resources of
    the country. Besides, a good many men are unwilling yet to
    believe that the ‘peculiar institution’ of the South has been
    actually abolished, and still have the lingering hope that
    Slavery, though not in name, will yet in some form practically
    exist. And hence the great anxiety to get back into the Union,
    which being accomplished, they will then, as I have heard it
    expressed, ‘fix the negro.’

    …

    “I look forward with deep solicitude to the approaching
    session of Congress. I hope there will be strength and moral
    courage enough in that body to keep the ship of state right.
    The President has a difficult position to fill, and needs all
    the sympathy and aid he can get from right-minded citizens.
    But there is no question that he has been most sadly imposed
    upon within the past few months by designing and corrupt
    politicians.”

Another private letter, from a person so situated as to be accurately
informed, makes this painful report:--

    “The Government, in taking the responsibility of freeing this
    people, tacitly engaged to protect them in their freedom. The
    various departments of Government have solemnly declared the
    black man entitled to equal rights before the law with the
    white man. Yet it is the simple fact, capable of indefinite
    proof, that the black man does not receive the faintest shadow
    of justice. I aver that in nine cases out of ten within my own
    observation, where a white man has provoked an affray with
    a black, and savagely misused him, the black man has been
    fined for insolent language, because he did not receive the
    chastisement in submissive silence, while the white man has
    gone free. It is the simple truth that the most flagrant crimes
    against the blacks are not noticed at all; and, indeed, a man
    loses caste, if he interests himself about them.

    “It is the simple truth that black men are not allowed to use
    their own property to the best advantage, or in any way to make
    such use of their capabilities as would be likely to elevate
    them in social position.

    …

    “The above are but specimen facts, and they are facts. Every
    provost-marshal who has been in office here will testify to the
    truthfulness of the picture. Meantime companies are forming
    to import coolies and European immigrants to drive the black
    man from the little chance that is left him. The whole thing
    may be summed up in one word: _The South is determined to have
    Slavery,--the thing, if not the name._ And if all restraint
    is removed, it is as certain as fate that their condition
    will be far worse than it ever was before. It will be the old
    system, with all its mitigations rescinded and all its horrors
    intensified.

    …

    “The prospect for the coming winter is overwhelming in its
    horrors, at best. If the freedmen are left friendless, it will
    be the very valley of the shadow of death. Let Congress keep
    these States out of the Union till the shape and tone of their
    legislation is seen and understood as relating to freedmen, and
    then keep them out until it is clearly shown whether the people
    will obey the legislation or make it a dead letter from the
    beginning.”

And still another letter furnishes these revelations:--

    “Do not let yourselves be deceived by the influences which
    reach you. These influences are energetic, active, spare no
    pains or expense to accomplish certain purposes. I know this
    people well; I was born and reared with them; they are far more
    hostile to the Government to-day than they were in 1860. Every
    demonstration in the State since the surrender has been, in one
    shape or another, that of hostility to the Union; and every new
    concession they make is simply made with the hope of thereby
    obtaining that degree of independence which follows, as they
    understand and expect it, the resumption of the _status_ as
    States again.

    “The elections are just over. The Secessionists were united
    to a man,--hopeful, active; the Union party disorganized,
    discouraged, and dispersed among the Secessionists. President
    Johnson and Governor Parsons are responsible for it. The
    enemies of the Union have defeated us, horse, foot, and
    dragoons, in all parts of the State. The stanch favorites of
    our party are defeated everywhere.

    …

    “In a word, the friends of the Union are completely under; the
    successful party are the Secessionists and renegade Unionists,
    enemies of the Government. It is to the Union party of the
    North that we are to-day indebted for being able to _live
    here_.”

The person who is styled Provisional Governor of Alabama thus in a
late message alludes to Rebel trophies, and stirs the ashes of the
Rebellion:--

    “Several of these had been deposited in the executive
    department, and were not removed when the Capitol was
    evacuated. They were not destroyed, however, by those who took
    possession of it, but came to my hands as the representative of
    the State for the time being, and are now carefully preserved
    and ready to be delivered to the governor elected under the
    Constitution. We should preserve these sacred souvenirs of
    the courage and endurance of those who went forth to battle
    under their folds, and who manfully upheld them with their
    life-blood.”

With such a person in high office, we could expect little else than the
barbarism which rages there.

       *       *       *       *       *

From Alabama pass to Mississippi, and there the same hideous scenes
are renewed. Here is the testimony of a citizen of that State, once a
slave-master, in a private letter:--

    “In respectful earnestness I must say, that, if, at the end of
    all the blood that has been shed and the treasure expended,
    the unfortunate negro is to be left in the hands of his
    infuriated and disappointed former owners to legislate and fix
    his _status_, God help him! for his cup of bitterness will
    overflow indeed. Was ever such a policy conceived in the brain
    of men before? After a great step and a mighty victory, you
    are expected by President Johnson to withdraw your protection
    from this people and turn their destiny over to those who for
    centuries have ground them into the dust. Truly, by such a
    course will your fruits become bitter ashes.

    “As a man who has been deprived of a large number of persons he
    once claimed as slaves, I protest against such a course. If it
    is intended to follow up the abolition of Slavery by a liberal
    and enlightened policy, by which I mean bestowing upon them the
    full rights of other citizens, then I can give this movement my
    heart and hand. But if the negro is to be left in a helpless
    condition, far more miserable than that of Slavery, I would
    ask, What was the object of taking him from those who claimed
    his services? As things seem now approaching the position of
    rendering loyalty at the South a disgrace, and those who,
    amid many dangers and trials, stood true to the Union and the
    Constitution are to be left to suffer the scorn, contempt, and
    oppressions of Secessionist traitors,--I say, as this seems
    to be the settled policy of the Government to the whites so
    situated, I fear there will remain but little hope for them or
    the negroes, unless the true men of the country will present a
    barrier between them and those who are anxious to punish and
    destroy them.”

The pretended Governor of Mississippi, like the pretended Governor
of Alabama, exults in Rebel victories, and fans the Rebel flame.
Both Convention and Legislature abounded in bitter treason. In the
Convention, one of the speakers declared it good policy to accept
the present condition of affairs, until the control of the State is
returned into the hands of the people, and “to submit _for a time_ to
evils which cannot be remedied.” Another speaker, urging the acceptance
of the Union, revealed the plot:--

    “_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 voice of Mississippi.

Naturally the freedmen are exposed to untold hardships and atrocities.
Here is testimony:--

    “A Superintendent of the Bureau reports the poor creatures
    coming in with cruel grievances that are unredressed by
    these magistrates. General Chetlain tells us, that, while
    he was in command, for two months, of the Jackson district,
    containing nine counties, there was an average of one black
    man killed every day, and that, in moving out forty miles on
    an expedition, he found seven negroes wantonly butchered; and
    Colonel Thomas, Assistant Commissioner of the Bureau for this
    State, tells us that there is now a daily average of two or
    three black men killed in Mississippi: the sable patriots in
    blue, as they return, are the objects of especial spite.”

There is another authority of peculiar value. It is a letter dated at
Webb’s Ranch, Issaquena County, Mississippi, November 13, 1865.

    “I regret to state, that, under the civil power, now deemed
    by all the inhabitants of Mississippi (since the order of
    President Johnson revoking General Slocum’s decree in relation
    to the State militia) to be paramount, the condition of the
    freedmen in many portions of the country has become deplorable
    and painful in the extreme. _I must give it as my deliberate
    opinion, that the freedmen are to-day, in the vicinity of
    where I am now writing, worse off in most respects than
    when they were held as slaves._ If matters are permitted to
    continue as they now seem likely to be, it needs no prophet to
    predict a rising on the part of the colored population, and a
    terrible scene of bloodshed and desolation; nor can one blame
    the negroes, if this proves to be the result. _I have heard,
    since my arrival here, of numberless atrocities that have been
    perpetrated against the freedmen._ It is sufficient to state
    that the old overseers are in power again. The agents of the
    Freedmen’s Bureau are almost powerless. Just as soon as the
    United States troops are withdrawn, it will be unsafe for the
    agents of the Bureau to remain. The object of the Southerners
    appears to be to make good their often repeated assertions, to
    the effect that the negroes would die, if they were freed. To
    make it so, they seem determined to goad them to desperation,
    in order to have an excuse to turn upon and annihilate them.
    There are, within a few miles of where I sit writing, several
    Northern men, who have settled here, designing to work
    plantations. _They all assure me that they do not consider
    themselves safe in the country_; and two of them, ex-colonels
    in the United States army, are afraid to leave their places
    without an armed escort. Other Northern lessees do not dare
    remain on their places.”

These are grave words, opening in fearful vista the tragical condition
of the freedmen, and the perils of Northern settlers.

And now the pretended Legislature is engaged in fashioning an infamous
Black Code; but I do not dwell on this, as it has been already exposed
by my colleague.

       *       *       *       *       *

From Mississippi pass to Louisiana, where anarchy is beginning under
the sway of returning Rebels emboldened from Washington. Unionists are
menaced in safety. The story is so familiar that I content myself with
a glimpse. I give the testimony of a responsible person.

    “During the canvass, I made a tour through the northern portion
    of the State, where I have resided for many years and have a
    large acquaintance among the people, and was surprised to find
    the spirit of the people more hostile to the Government than at
    the breaking out of the war. This is especially the case with
    the leaders, who asserted to me in private conversation that
    they were more impressed with the truth of Secession than they
    ever were; that the war against the United States was a just
    one; that they would not support any man for office who did not
    participate in that war; and that the only true policy for the
    Southern people to adopt is to support the Democratic party in
    opposition to the Republican party of the North. They say that
    the whole war was an aggression on the part of the Government,
    and that they intend to use every means in their power to
    destroy the Government.

    “A prominent member of the Legislature, now convened in this
    city, said to me a short time before the election, that he
    was a stronger Secessionist now than he ever was, and that he
    hated the United States Government, and intended to do all in
    his power to destroy it. This man is a leading member of the
    Legislature, which, in the House at least, is composed of more
    than eight tenths who entertain the same feeling, and are now
    legislating for the loyal citizens of this State.

    “There are several respectable men now in this city who are
    refugees from their homes in the interior of the State, being
    recently expelled on account of their Union sentiments.”

Here is a private letter from an interior town of Louisiana, written by
a lady to a lady in New Orleans and communicated to me:--

    “The poor colored people are in a constant state of alarm.
    There is a Mrs. ---- in this place, who teaches the colored
    children; but the inhabitants, I suppose, not liking their
    having the advantages of education, expressed their disapproval
    by shooting at the teacher. At one time she was nursing a sick
    baby, when a shot passed over her shoulder. No attempts were
    made to discover the guilty party. Of course all in office here
    are Rebels. The teacher, who is a poor widow, became so much
    alarmed for her safety that she petitioned the officers to
    allow the troops to remain, which they did for a few days. The
    attempts on her life not being renewed, the troops were obliged
    to leave, and it was only on her account that they remained as
    long as they did.”

Enough of this. Nor is it all. The pretended Legislature is plotting,
like such bodies elsewhere, against the freedman. But I forbear to
dwell on the elaborate machination. And yet how can I fail to denounce,
with all the energy of my soul, these most cruel and most vindictive
attempts to oppress the freedman, to despoil him of rights, and to
nullify the great Act of Emancipation? Talk of Nullification! What
Nullification in our history comparable to this most wicked attempt?
The difference between a revenue law and the great statute of Freedom
is as wide as the space between earth and heaven.

Where such things are done, there can be small security for those
faithful Unionists who fondly hoped for protection under the national
flag. Already they talk of abandoning the State and finding in exile
the safety denied at home. The flag they had longed for is now
prostituted to the purposes of Rebels, and they are thrust out from the
shadow of its folds. Hard fate, almost without parallel in history!
For myself, I know nothing more touching than the story of Unionists,
loving their country and loving freedom, tyrannized by returning Rebels.

       *       *       *       *       *

In Texas there seemed more hope than anywhere, because a sincerely
loyal person had been placed in power there.[32] But a private letter
from a loyal Texan cries out:--

    “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.”

Surely you will preserve them.

But there is special evidence, not to be forgotten. The same authority
adduced with regard to the general condition of the Rebel States writes
from Galveston, in Texas:--

    “If any man from the North comes down here expecting to hold
    and maintain ‘Radical’ or ‘Abolition’ sentiments, _let him
    expect to be shot down from behind, the first time he leaves
    his house, and know that his murderer, if ever brought to
    justice, will be acquitted by the jury_. If the _military_ are
    withdrawn, his house even will be no protection, and he may
    expect to be hung from his own chamber window. I tell you,
    Mr. ----, these men are only taking breath and recuperating.
    Not that there is the _slightest_ danger of any _immediate_
    outbreak. No,--the Southern people are too smart for _that_.
    They will _never_ again measure strength with the North, unless
    their success be assured beforehand. In case of foreign war, or
    a domestic convulsion at the North, they will rise; but they
    will never try it alone and without assistance. Meantime they
    propose to ‘take it out in _hating_.’ Already our officers are
    the subject of a social ostracism. I repeat, that any man of
    Radical views who comes down here to plant cotton will be in
    constant danger, night and day, unless he holds his tongue. The
    ministers of the Gospel, of all denominations, the instructors
    of the youth of the country, the women, and the young men,
    all hate the North with a degree of intensity that cannot be
    exaggerated.”

Small temptation here to the Northern capitalist! Small welcome to the
Northern emigrant! The first condition of prosperity is security; but
this is absolutely wanting throughout the unhappy region.

       *       *       *       *       *

There is also Tennessee, where authentic testimony shows a painful
condition of things. I content myself with official documents. It seems
that a committee was appointed to consider what could be done to arrest
crimes and disorders in this State. Addressing Governor Brownlow, they
remark:--

    “In the discharge of this duty, we would respectfully and
    earnestly call the attention of your Excellency to the many
    dreadful crimes that are becoming so common, not only in and
    immediately around the capital of the State, but _over the
    whole country_.

    “Quiet and peaceful citizens are met on our most public
    highways and robbed of their money and property, often cruelly
    beaten and abused, and in many cases murdered outright. This
    state of things is not only greatly injurious to the business
    of the country, but shocking to all sincere advocates of law
    and order, and to humanity itself.

    “We, therefore, with the earnest desire to see security
    restored to life and property, and the majesty of law
    reasserted, appeal to your Excellency, who are the chief
    representative of power in the State, to exercise your power,
    and give the weight of your great influence to correct these
    sore evils, of which _the whole country_ so justly complain.”

The Governor communicated this paper to the Legislature by the
following message.

                         “STATE OF TENNESSEE.

                                             “EXECUTIVE DEPARTMENT,
                                      NASHVILLE, November 22, 1865.

    “_Gentlemen of the Legislature_: The reputation being
    acquired by Nashville, the capital of your State and the
    great commercial emporium of Middle Tennessee, is humiliating
    to every friend of law and order. Murders, robberies, and
    burglaries are the order of the day. No man is safe, day or
    night, within a circuit around Nashville whose radius is eight
    or ten miles. The most of these outrages grow out of the
    abundant use of intoxicating spirits, connected with those
    gambling hells to be found in full blast on every street in the
    city. The same may be said, to a considerable extent, of all
    the larger cities and towns in the State. Life and property
    must be protected, or the country will go to ruin. I therefore
    call upon you, most respectfully, but earnestly, by prompt and
    decisive legislation, to remedy this growing and alarming evil.
    Should you fail to apply the necessary remedy, my next appeal
    will be made to Major-General Thomas to close up all these dens
    of wickedness, so prolific of fights, murders, and robberies of
    every description. The Sabbath is violated, the sanctuary of
    the Lord is ruthlessly invaded, and ladies and gentlemen are
    insulted at every corner and on every highway. Again I appeal
    to you, Gentlemen, to relieve the suffering people from this
    outrageous condition of affairs.

        “W. G. BROWNLOW.”[33]

I add a few sentences from a Tennessee paper, “The Southern Loyalist.”

    “Do the authorities at Washington realize the fact that there
    is very great danger of wide-spread anarchy and bloodshed?
    Do they realize that it is the supineness and imbecility, or
    worse, with which the Freedmen’s Bureau has been conducted at
    this point, that is the cause of danger, and, it may be, of
    much bloodshed? God knows we speak in all sincerity, and we
    believe we speak the sentiment of nine tenths of the loyal men
    of Memphis.

    “When colored men have remonstrated against injustice,--against
    the very discriminations against freedmen that the War
    Department declared should not exist,--they have been told,
    ‘If you damned niggers think I am going to give you any rights
    that you had not under the old State laws, you are damnably
    mistaken.’ This may not be exactly literal, but it is very
    nearly so. When colored people have asked for wages hardly
    earned in the cotton-field, but not paid by rascally employers,
    they have been in very many cases told to go about their
    business, or left to get their claims as they could.”

Such is Tennessee, the most advanced of the States claiming recognition
in the government of the country. Besides this testimony, there is
other derived from its own statute-book. Tennessee refuses to the
colored citizen his right at the ballot-box, and even his right of
testimony in court. I quote from the ignoble statute.

    “A negro, mulatto, _Indian_, or person of mixed blood descended
    from negro or Indian ancestors, to the third generation
    inclusive, though one ancestor of each generation may have been
    a white person, whether bond or free, is incapable of being a
    witness in any cause, civil or criminal, except for or against
    each other.”[34]

I say nothing of Florida and Arkansas, for the special testimony which
has come to me with regard to these States is not at hand. But it is
not needed. The same tragical report proceeds from these States also.
But, even without any report, all this must be inferred. How could it
be otherwise? Abandoned to themselves, with unchecked power, ancient
slave-masters naturally continue the barbarism in which they have so
long excelled.

       *       *       *       *       *

Mr. President, I bring this plain story to a close. I regret that I
have been constrained to present it. I wish it were otherwise. But
I should fail in duty, did I fail to speak. Not in anger, not in
vengeance, not in harshness, have I spoken, but solemnly, carefully,
for the sake of my country and humanity, that peace and reconciliation
may again prevail. I have spoken especially for the loyal citizens
now trodden down by Rebel power, and without representation on this
floor. Would that my voice could help them to security and justice!
I can only state the case. It is for you to decide. It is for you to
determine how long these things shall continue to shock mankind. You
have before you the actual condition of the Rebel region. You have
heard the terrible testimony. The blood curdles at the thought of such
enormities, and especially at the thought that the poor freedmen, to
whom we owe protection, are left to the unrestrained will of such
a people, smarting with defeat, and ready to wreak vengeance upon
these representatives of a true loyalty. In the name of God, let
us protect them. Insist upon guaranties. Pass the bill now under
consideration,--pass any bill,--but do not let this crying injustice
rage any longer. An avenging God cannot sleep while such things find
countenance. If you are not ready to be the Moses of an oppressed
people, do not become its Pharaoh.

    Mr. Saulsbury, of Delaware, followed Mr. Sumner. Then came Mr.
    Cowan, of Pennsylvania, who said he was “not disposed to allow
    the speech of the honorable Senator from Massachusetts to go
    to the country without a very brief reply. If that speech be
    true, and if it be a correct picture of the South, then God
    help us! then this Republic, this Union, is at an end.” He then
    vindicated President Johnson and General Grant against the
    charge of “whitewashing,” quoting passages from them. In the
    course of his speech, he said:--

        “If the honorable Senator from Massachusetts, and those who
        think with him, desire that these people should have the
        right of suffrage, why not say so broadly?”

        MR. SUMNER. I do say so.

        MR. COWAN. Very well; that is so much that is clear. Make
        it broadly; we may differ from him, but the people will
        decide.

    Here again was issue joined on the great political question
    which awaited judgment.

    The debate continued another day, but after that Mr. Wilson’s
    bill was never resumed. The object proposed was accomplished by
    other measures.




THE WHITES _vs._ COLORED SUFFRAGE IN THE DISTRICT OF COLUMBIA.

REMARKS IN THE SENATE, ON PRESENTING A PETITION FROM CITIZENS OF THE
DISTRICT, DECEMBER 21, 1865.


I offer a petition of citizens of the District of Columbia, similar to
petitions presented by me yesterday, calling upon Congress to provide
irreversible guaranties in the work of Reconstruction, so that there
shall be such security for the future, and, among such guaranties,
proposing the enfranchisement of the colored race.

Sir, I am glad to present this petition from citizens of the District,
because it shows that there are good people here who are not entirely
indifferent to the great cause of Equal Rights. I am more disposed to
make this remark because I see notice of a public meeting of whites
here in the hope of arresting this cause. The whites can meet, if
they please, and such a meeting, called under such auspices, may vote
to continue their unjust pretensions; but any vote by them will be,
under the circumstances, little better than an absurdity. The whites
of the District of Columbia, in respect to the colored people, are no
better than squatters, and those who for generations have squatted on
the rights of others do not quietly give up. But it is our duty to
dispossess them. Hereafter nobody should be allowed to squat on the
rights of others, civil or political.

I move the reference of this petition to the Joint Committee on
Reconstruction.




PROTECTION OF THE NATIONAL DEBT, AND REJECTION OF EVERY REBEL DEBT.

CONSTITUTIONAL AMENDMENT IN THE SENATE, JANUARY 5, 1866.


Mr. Sumner asked, and by unanimous consent obtained, leave to bring in
the following joint resolution, which was read twice, referred to the
Committee on the Judiciary, and ordered to be printed.

    Joint Resolution proposing an Amendment to the Constitution of
    the United States for the protection of the National Debt and
    the rejection of any Rebel Debt.

_Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, (two thirds of both
Houses concurring,)_ That the following Article be proposed to the
Legislatures of the several States as an Amendment to the Constitution
of the United States, which, when ratified by three fourths of such
Legislatures, shall be valid to all intents and purposes as part of the
Constitution, namely:--

ARTICLE --.

SECTION 1. The national debt is hereby declared to be of paramount
obligation, to which the faith of the nation is pledged; and Congress
shall not, at any time, do anything, directly or indirectly, to impair
this obligation in any part, but shall in all ways maintain it in full
force and virtue.

SECTION 2. Debts and liabilities incurred in aid of rebellion are
without any just consideration, and void; and no tax, duty, or impost
shall be laid, nor shall any appropriation of money be made by the
United States, or by any one of the States, or by any county, town, or
corporation therein, for the payment of any such debt or liability, or
any part thereof.

    June 20th, Mr. Trumbull, of Illinois, from the Committee on the
    Judiciary, reported this to the Senate, with the recommendation
    that it be indefinitely postponed, and it was so postponed.
    Meanwhile both Houses had adopted the Fourteenth Constitutional
    Amendment, reported by the Joint Select Committee on
    Reconstruction, which contains a kindred proposition.




KIDNAPPING OF FREEDMEN.

REMARKS IN THE SENATE, ON A RESOLUTION OF INQUIRY, JANUARY 9, 1866.


    January 9th, Mr. Sumner offered the following resolution:--

        “Whereas it is reported that persons declared free by the
        Proclamation of Emancipation and by the recent Amendment of
        the Constitution are now kidnapped and transported to Cuba
        and Brazil, to be held as slaves, and that in this way a
        new slave-trade has been commenced on our southern coast:
        Therefore,

        “_Resolved_, That the Committee on the Judiciary be
        directed to inquire if any further legislation is needed to
        prevent the kidnapping of freedmen and the revival of the
        slave-trade on our southern coast.”

    The Senate proceeded to its consideration, when Mr. Sumner
    explained it.

Before the vote is taken, I desire to state some of the information
that has come to my possession. For instance, here is a letter from
Alabama, from which I will read a short extract.

    “Another big trade is going on,--that of running negroes to
    Cuba and Brazil. They are running through the country, dressed
    in Yankee clothes, hiring men, giving them any price they
    ask, to make turpentine on the bay, sometimes on the rivers,
    sometimes to make sugar. They get them on the cars. Of course
    the negro don’t know where he is going. They get him to the
    bay, and tell him to go on the steamer to go around the coast,
    and away goes poor Cuffee to slavery again. They are just
    cleaning out this section of the country of the likeliest men
    and women in it. Federal officers are mixed up in it, too.”

       *       *       *       *       *

    MR. JOHNSON [of Maryland]. Who writes the letter? Give the name
    of the writer.

MR. SUMNER. It is from a person in Alabama, whose name I am requested
not to communicate; but the writer is well known to members of
the other House. I have also a letter from the District Judge of
Florida,--his name is familiar, and will be found in the official lists
of the country,--communicating a letter received from a person well
known to him, and for whom he vouches, in Florida, dated December 14,
1865, from which I read a brief extract.

    “I am advised that certain parties here intend to make a
    business of importing negroes into Cuba. It is said that there
    have gone two vessel-loads of them already. Titus & Co. have
    bought a steamer for the ostensible purpose of carrying fish
    from Indian River to Charleston, but most people think that his
    will be carried the other way. There have been more gunboats
    ordered down in that region to look out for the fishmongers.”

Here are two letters from different States, Alabama and Florida. Add
also verbal communications received during the last week from Texas,
from Louisiana, and from Mississippi, three other States, all to the
same effect, that in each of those States a system of kidnapping has
already been commenced, and a new slave-trade started on that coast. I
do not know that the laws on our statute-book are sufficient to meet
this untold enormity. I desire that our Committee, in which we repose
such confidence, should apply themselves to it, and see if there is any
remedy for this terrible crime. I desire, also, that every branch of
the Government should do its duty in this business: that the Department
of State should address all its agents in Cuba and in Brazil, requiring
them to look after the liberty of these people, to which we are
pledged; that the Navy Department should forward proper instructions to
our cruisers; that the War Department should send proper instructions
to our troops in that region; and that the President himself should
take notice of this unexpected enormity of outrage, and see to it that
everything possible is done to arrest it.

    Mr. Davis, of Kentucky, thought it “altogether probable that
    the Yankees have reopened the slave-trade.”

    The resolution was adopted.

       *       *       *       *       *

    February 7th, Mr. Clark, of New Hampshire, from the Judiciary
    Committee, reported “A Bill to prevent and punish Kidnapping,”
    which he stated was upon a resolution introduced by Mr. Sumner.
    February 15th, the Senate proceeded to its consideration, and
    it passed that body.

    May 18th, the bill passed the House of Representatives, and,
    May 21st, it was approved by the President.[35]




THE LATE HENRY WINTER DAVIS.

ARTICLE IN THE NEW YORK INDEPENDENT, JANUARY 11, 1866.


The death of Henry Winter Davis at this moment is a national calamity.
His rare powers were in their perfect prime, and he had dedicated all
to his country. At this crisis, when the best statesmanship, inspired
by the best courage, is so much needed, it is hard to part with him.

He was born at Annapolis, Maryland, August 16, 1817; was a
Representative of Baltimore in the Thirty-Fourth, Thirty-Fifth,
Thirty-Sixth, and Thirty-Eighth Congresses; died in Baltimore, December
30, 1865. His career in Congress made him famous.

Nature had done much for this remarkable man. Elegant in person,
elastic in step, and winning in manner, he arrested the attention
of all who saw him, and when he spoke, the first impressions were
confirmed. He was rapid and direct. He went straight to the point. He
abounded in ideas. Language lent her charms. Among the living orators
of the country he had few peers. Professional studies and political
experience added to his powers. Had he lived, I know not what height
he might have reached. Never before had he been so completely master
of himself, and never before did he see so clear and glorious a line
of duty. As the occasion was vast, so I doubt not would have been his
efforts. He looked to nothing less than the complete enfranchisement of
his country, and the redemption of all the promises of our fathers in
the Declaration of Independence. In this cause he was a leader.

In a recent publication[36] he had touched this great question to the
quick, when he said that a State which denied the elective franchise
to a considerable portion of its citizens could not be considered “a
republican government,” and he earnestly insisted that all such States
should be reformed. He was right. All honor to the champion! Alas that
he is not here to help in the battle now at hand! With what force and
beauty, with what intensity and eloquence, he would have illustrated
the congenial theme!

He was zealous, and, like all zealous men, when great questions are
in issue, sometimes gave offence. It is hard to strike strong blows
without leaving bruises. It is hard to restrain the rage of a generous
indignation so that it will not seem severe. There are times when
justice is severity. There are times when gentleness will not do.
Falkland, in England, and Barnave, in France, were gentle in nature.
Honor them for their virtues, but do not expect everybody to carry into
the deadly controversy with Slavery that softness which must surely
fail. Sterner stuff is needed. Fox had a heart which overflowed with
human kindness, like that of our friend; but when duty called, he was
terrible in debate. Words boiled and bubbled from his wrought soul,
and he did not hesitate to call things by their right names. On one
occasion this great parliamentary orator exclaimed: “I state it to be
my firm opinion that there is not one fact asserted in his Majesty’s
speech which is not false, not one assertion or insinuation which is
not unfounded.”[37] On another occasion he said, in words which I seem
almost to hear from the lips of the late Representative of Baltimore:
“Oh for the good old parliamentary word _jealousy_, instead of its
modern substitute, _confidence_!” This was the exclamation of Charles
James Fox. It embodies the spirit of Henry Winter Davis. There were
things he could not bear. His warm nature glowed at the thought of
wrong or usurpation; nor could he check the currents of his soul,
even if they threatened to dash against persons powerful in place or
influence. A President like Abraham Lincoln was not above his honest,
fearless criticism.

His country owes much to him. Living in a State which panted with the
throes of the Rebellion, and surrounded by a disloyal population, he
was from the beginning austere in patriotism. He made no compromises.
He stood by the flag at all hazards. And as the conflict deepened,
he was among the foremost to see that Slavery was the great Rebel.
Against Slavery he struck. He had the inexpressible satisfaction to
witness the first stages of its overthrow, and he was girding himself
for the final battle with the transcendent offender under the new form
it assumed. In striking against Slavery, he set an example to his
fellow-citizens everywhere. If he, whose home was in a Slave State, and
whose friends were slave-masters, could strike such blows, it was hard
to see how citizens of other places, where Slavery did not prevail,
could hesitate. Hereafter, when recent events are recorded in faithful
annals, his name will be mentioned proudly and gratefully.

There is one community that will cherish his memory with especial
reverence. It is his native State of Maryland. Among all the sons she
has given to the country, there is none who can be named before him. I
do not forget William Pinkney, the finished lawyer, or Charles Carroll,
the signer of the Declaration of Independence; but there is nothing in
the career of either of these to evince superiority over that of Henry
Winter Davis. Hereafter, when Maryland is fully redeemed, and a happy
people rejoices in all the manifold blessings secured, then will hearts
throb and eyes glisten at the mention of this noble name. Better for
his memory than any triumph of genius at the bar will be his devoted
championship of Human Freedom. Maryland may not now be ready to do fit
honor to her departed son; but the time cannot be long postponed. Her
advance in civilization may well be measured by sympathy with his name.


POSTSCRIPT.

Since writing this tribute to an heroic spirit, I have received a
journal from Baltimore, published by colored persons, which contains
his best eulogy. Such praise is more than any other praise, for it
comes from neighbors and wards who knew him well, and it is the voice
of that oppressed race he had served so faithfully. Better than any
official order of mourning are these artless, feeling words:--

    “We are sorely grieved to chronicle the death of so great and
    good a man as Hon. Henry Winter Davis, who departed this life
    on Saturday, 30th ult., 1865, after a short illness of about
    three days. Mr. Davis was an accomplished gentleman, a true
    patriot, and a finished statesman. He was true to his country,
    and _a tried friend_ to the colored people,--_never_ faltering
    in the time of need. In Congress he fought as a hero for our
    people, and at home he labored assiduously for the bondman, and
    espoused the cause of _Liberty, Justice, and Truth_, up to the
    time of his death. The memory of Henry Winter Davis should live
    in every colored American’s heart for ages to come, and _all_
    loyal citizens should give his very interesting family their
    full sympathy; for Henry Winter Davis, at _his own_ peril,
    stood invincible for his country, knew no flag but the flag of
    _free_ America, even when his nearest friend would impeach him
    for his acts, and almost threaten his life. Henry Winter Davis
    was _firm_, defying all prejudiced parties to dare advance;
    but he was such a statesman and elocutionist, he kept them at
    bay, until God, in His own time, has seen it His pleasure to
    remove him from our midst; and we humble beings can do nothing
    but trust that God, in His all-wise and tender mercy, may raise
    erelong another Henry Winter Davis.”




DISFRANCHISEMENT INCONSISTENT WITH REPUBLICAN GOVERNMENT.

REMARKS IN THE SENATE, ON THE CREDENTIALS OF A SENATOR FROM FLORIDA,
JANUARY 19, 1866.


    January 19th, Mr. Doolittle, of Wisconsin, presented the
    credentials of Hon. William Marvin as Senator of Florida. Mr.
    Sumner, seizing the occasion to declare what he thought an
    essential element of republican government to be observed in
    Reconstruction, said:--

I have no desire to discuss the question arising on the presentation
of these credentials, and I may say that there are reasons for the
expression of personal respect toward the gentleman who appears as
Senator from Florida. In many particulars--not in all, unhappily--he
has done well where he was placed. I say, unhappily not in all
particulars; for no person can read his speeches and say that in
everything he has done what a governor of one of those States at this
time should do. But I have no desire to discuss his case.

The Senator has alluded to the actual condition of Florida. I also ask
attention to the actual condition of things there, as represented by
thoroughly competent witnesses, whose character is vouched by the first
citizens of that State.

    Mr. Sumner here read two communications, mentioning that
    four fifths of the Legislature were Rebel officers, and
    setting forth the programme of the Rebel States hostile to
    Reconstruction, and declaring that the only hope of Union men
    was in Congress. He then said:--

There, Sir, is testimony direct from Florida. Besides, we have the
Constitution which the recent pretended Convention has put forward,--a
Constitution which, after recognizing the abolition of Slavery, and
therefore the citizenship of those once slaves, proceeds to decree
their disfranchisement; and Senators are expected to receive this
document as creating a republican form of government,--a Constitution
which begins by the denial of equality to nearly one half its citizens!
The question is entirely changed since the abolition of Slavery, for
all are now citizens; and I insist, and at a proper time shall argue
the question, that no State, where the government has lapsed, can be
recognized as republican in form, while disfranchising any considerable
portion of its citizens, especially if it founds any right, immunity,
or privilege on color.

    The credentials were laid on the table, and never afterwards
    considered.




IMPANELLING OF JURIES, AND TRIAL OF JEFFERSON DAVIS.

REMARKS IN THE SENATE, ON A BILL REMOVING CERTAIN OBJECTIONS TO JURORS,
JANUARY 22, 1866.


    Mr. Clark, of New Hampshire, called up a bill, reported by
    the Judiciary Committee, “in relation to the qualifications
    of jurors and to writs of error in certain cases.” The first
    section removed the objection to jurors serving in certain
    cases by reason of having formed or expressed an opinion
    founded upon common notoriety, public rumor, or statements in
    public journals. The other section provided a writ of error on
    questions of law, where the punishment was death.

    Mr. Sumner remarked:--

I see no objection to the second section. Here I agree with the
Senator from New Hampshire. I am not so sure about the first section.
There seem to me two objections to it. Whether they are sufficiently
strong to justify the rejection of the bill will be for the Senate to
determine. I simply call attention to them.

The first is, that it positively sets aside what, down to this day, on
the ruling of the highest magistrate of our country, has been the law
in impanelling juries. To this the Senator aptly replies, that it is
important to obtain uniformity of practice in the United States courts.
There I agree with him. If the proposition involved nothing else, I
should not venture even a suggestion with regard to it; but it reaches
further. It sets aside what my friend, the learned Senator from
Maryland [Mr. JOHNSON] knows well was the decision of Chief Justice
Marshall, and what has been also the practice in many States of the
Union. It is the practice in my own State. It is the practice also in
the District of Columbia. Against that practice I can venture only with
a certain hesitation.

Then comes another consideration of greater importance. So far as I
comprehend the special bearing of this provision, it is to meet an
actual case of unprecedented historical importance; it is to prepare
the way for the trial of that grandest criminal in the world’s history,
now in the custody of the National Government. Sir, that trial should
be approached carefully, most discreetly, and I humbly submit, unless
reasons to the contrary are found of the strongest character, with
absolute reference to the existing law of the land. I shrink from
any change in the law to meet an individual case, even though of
transcendent importance, like that to which I refer. Indeed, the very
importance of the case, and especially its political character, puts us
on our guard.

I would also ask whether there is not in the proposition something of
an _ex post facto_ character. I am not going to argue against the power
of Congress to make changes in modes of procedure and of trial after
the crime has been perpetrated; but I cannot doubt, that, in view of
the positive limitation of the Constitution, it is a very doubtful
course to enter upon.

    Mr. Davis, of Kentucky, who was not disposed to agree with
    Mr. Sumner, said: “I certainly very heartily approve of
    the opinions and sentiments expressed by the Senator from
    Massachusetts.”

    The bill was postponed, and allowed to drop.




CARRYING OUT THE GUARANTY OF REPUBLICAN GOVERNMENT, AND ENFORCEMENT OF
THE PROHIBITION OF SLAVERY.

JOINT RESOLUTION IN THE SENATE, FEBRUARY 2, 1866.


    The following joint resolution, introduced February 2d, is
    a modification of a bill introduced at the beginning of the
    session.[38]

Joint Resolution carrying out the guaranty of a Republican Form of
Government in the Constitution of the United States, and enforcing the
Constitutional Amendment for the Prohibition of Slavery.

Whereas it is provided in the Constitution, that the United States
shall guaranty to every State in this Union a republican form of
government;

And whereas, by reason of the failure of certain States to maintain
governments which Congress can recognize, it has become the duty
of the United States, standing in the place of guarantor where the
principal has made a lapse, to secure to such States, according to the
requirement of the guaranty, governments republican in form;

And whereas, further, it is provided in a recent Constitutional
Amendment, that Congress may “enforce” the prohibition of Slavery by
“appropriate legislation,” and it is important to this end that all
relics of Slavery should be removed, including all distinction of
rights on account of color:

Now, therefore, to carry out the guaranty of a republican form of
government, and to enforce the prohibition of Slavery,

_Be it resolved by the Senate and House of Representatives of the
United States of America in Congress assembled_, That in all States
lately declared to be in rebellion there shall be no oligarchy,
aristocracy, caste, or monopoly invested with peculiar privileges or
powers, and there shall be no denial of rights, civil or political, on
account of race or color; but all persons shall be equal before the
law, whether in the court-room or at the ballot-box. And this statute,
made in pursuance of the Constitution, shall be the supreme law of the
land, anything in the Constitution or laws of any such State to the
contrary notwithstanding.

    The joint resolution was printed and laid on the table. Mr.
    Sumner gave notice that at the proper time he should move it
    as a counter proposition to the resolution of the House of
    Representatives proposing a Constitutional Amendment.[39]




THE EQUAL RIGHTS OF ALL: THE GREAT GUARANTY AND PRESENT NECESSITY, FOR
THE SAKE OF SECURITY, AND TO MAINTAIN A REPUBLICAN GOVERNMENT.

SPEECH IN THE SENATE, ON THE PROPOSED AMENDMENT OF THE CONSTITUTION
FIXING THE BASIS OF REPRESENTATION, FEBRUARY 5 AND 6, 1866. WITH
APPENDIX.


    Taxation without representation is Tyranny.--THE REVOLUTIONARY
    FATHERS.

       *       *       *       *       *

        Remember, O my friends, the laws, the rights,
        The generous plan of power delivered down
        From age to age by your renowned forefathers,
        So dearly bought, the price of so much blood:
        Oh, let it never perish in your hands!”

                                 ADDISON, _Cato_, Act III. Scene 5.

       *       *       *       *       *

    But if any among you thinks that Philip will maintain his
    power by having occupied forts and havens and the like, this
    is a mistake.… Impossible is it, impossible, Athenians, to
    acquire a solid power by injustice and perjury and falsehood.
    Such things last for once, or for a short period; maybe, they
    blossom fairly with hope; but in time they are discovered and
    drop away. As a house, a ship, or the like, ought to have the
    lower parts firmest, so in human conduct, I ween, the principle
    and foundation should be just and true.--DEMOSTHENES, _Second
    Olynthiac_, tr. Kennedy.

       *       *       *       *       *

    Yet ye say, The way of the Lord is not equal. Hear now, O
    house of Israel! Is not my way equal? are not your ways
    unequal?--EZEKIEL, xviii. 25.

       *       *       *       *       *

                    ’Twere better, O my son,
        To cultivate Equality, who joins
        Friends, cities, heroes in one steadfast league;
        For by the laws of Nature through the world
        Equality was established: …
        Equality, among the human race,
        Measures and weights and numbers hath ordained.

                   EURIPIDES, _The Phœnician Damsels_, tr. Wodhull.

       *       *       *       *       *

        That all might free and equal all remain.

                        LUCAN, _Pharsalia_, tr. Rowe, Book IX. 336.

       *       *       *       *       *

    Upon what principle is it that the slaves shall be computed
    in the representation? Are they men? Then make them citizens,
    and let them vote.--GOUVERNEUR MORRIS: _Debates in the Federal
    Convention_, August 8, 1787: Madison Papers, Vol. III. p. 1264.

       *       *       *       *       *

    He took his ground carefully, and propounded only what he felt
    sure that Hardy himself would at once accept,--what no man
    of any worth could possibly take exception to. He meant much
    more, he said, than this, but for the present purpose it would
    be enough for him to say, that, whatever else it might mean,
    _Democracy in his mouth always meant that every man should have
    a share in the government of his country_.--HUGHES, _Tom Brown
    at Oxford_, Vol. II. Chap. XIX.

       *       *       *       *       *

    The Equal Rights of the colored race occupied the constant
    attention of Congress in different forms. One measure was
    known as the Civil Rights Bill, securing the right to sue and
    testify in court, introduced by Mr. Trumbull January 5, and
    passed April 9, 1866. Others were intended to secure suffrage
    for colored citizens in the District of Columbia and generally
    in the Rebel States. The efforts of Mr. Sumner were applicable
    to all these measures. He insisted always upon the equal title
    of all to rights of white citizens, whether civil or political,
    and he wished to act directly. Not doubting the plenary powers
    of Congress to provide for the equal rights of all, political
    as well as civil, especially since the Constitutional Amendment
    prohibiting Slavery, he pressed action by “appropriate
    legislation.”

    Meanwhile the House of Representatives undertook to meet
    the Suffrage question indirectly, and by a proposition for
    an Amendment of the Constitution, reported by Hon. Thaddeus
    Stevens from the Joint Committee on Reconstruction. Proceeding
    originally from Hon. James G. Blaine, a Representative from
    Maine, afterwards Speaker, it was known familiarly as “the
    Blaine Amendment.” After elaborate discussion, the joint
    resolution containing the Amendment was adopted by the House,
    January 31st,--Yeas 120, Nays 46,--in the following terms:--

        “Representatives shall be apportioned among the several
        States which may be included within this Union according
        to their respective numbers, counting the whole number
        of persons in each State, excluding Indians not taxed:
        _Provided_, That, whenever the elective franchise shall
        be denied or abridged in any State on account of race or
        color, all persons therein of such race or color shall be
        excluded from the basis of representation.”

    Mr. Fessenden, of Maine, who was the Senate Chairman of the
    Joint Committee on Reconstruction, promptly gave notice that
    he should call for its consideration in the Senate February
    5th. This opened the whole subject in all its branches, and Mr.
    Sumner seized the earliest opportunity to discuss it, beginning
    the important debate. His speech, after asserting the equal
    rights of all, vindicated the plenary powers of Congress,
    especially under the clause requiring the United States to
    guaranty a republican form of government. Though made on the
    Constitutional Amendment, it was equally applicable to Mr.
    Trumbull’s Civil Rights Bill, then pending, as also to the Bill
    for Enfranchisement in the District of Columbia, and to all
    measures of Reconstruction.


SPEECH.

MR. PRESIDENT,--I begin by expressing my acknowledgments to the Senator
from Maine, who yields the floor to-day, and also my sincere regret
that anything should interfere with the opening of this debate by him.
It is his right, and I enter upon it now only by his indulgence.

I am not insensible to the responsibility assumed in setting myself
against a proposition already adopted in the other House, and having
the recommendation of a Committee to which the country looks with
such just expectation, and to which, let me say, I look with so much
trust. But, after careful reflection, I do not feel that I can do
otherwise. Knowing, as I do, the eminent character of the Committee,
its intelligence, its patriotism, and the moral instincts by which it
is moved, I am at a loss to understand the origin of an attempt which
seems to me nothing else than another compromise of Human Rights, as
if the country had not already paid enough in costly treasure and more
costly blood for such compromises in the past. I had hoped the day of
compromise with wrong had gone forever. Ample experience shows that
it is the least practical mode of settling questions involving moral
principle. A moral principle cannot be compromised.

Here are important words of the Amendment:--

    “_Provided_, That, whenever the elective franchise shall be
    denied or abridged in any State on account of race or color,
    all persons therein of such race or color shall be excluded
    from the basis of representation.”

I may be mistaken, Sir, but I think it difficult to read this
proposition without being painfully impressed by the discord and
defilement it will introduce into the National Constitution, having
among specific objects the guaranty of a republican form of government.
The discord appears on the face. The defilement is none the less
apparent. Go back, if you please, to the adoption of the Constitution,
and you will gratefully acknowledge that the finest saying of the
times was when Madison, evidently inspired by the Declaration of
Independence, and determined to keep the Constitution in harmony with
it, insisted, in well-known words, that it was “WRONG to admit in the
Constitution the idea that there could be property in men.”[40] Of all
that has come to us from that historic Convention,

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