“The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise with the occasion. As our case is new, so we must think anew and act anew. We must disenthrall ourselves, and then we shall save our country.”
These are the words of Abraham Lincoln.[80] They are as full of vital force now as when he uttered them. I entreat you not to neglect the lesson. Learn from its teaching how to save our country.
Mr. Edmunds and Mr. Reverdy Johnson replied. Mr. Howe, of Wisconsin, and Mr. Lane, of Indiana, favored the amendment. Mr. Johnson suggested that the expression of opinion adverse to the President would disqualify a Senator to sit on his impeachment. Mr. Sumner interrupted him to say:—
What right have I to know that the President is to be impeached? How can I know it? And let me add, even if I could know it, there can be no reason in that why I should not argue the measure directly before the Senate, and present such considerations as seem to me proper, founded on the misconduct of that officer.
Mr. Sumner here changed his amendment by striking out the limitation of $1,000 and inserting $1,500. He then said:—
I make the change in deference to Senators about me, and especially yielding to the earnest argument of the Senator from Vermont [Mr. Edmunds], who was so much disturbed by the idea that the Senate would be called to act upon inspectors. My experience teaches me not to be disturbed at anything. I am willing to act on an inspector or a night watchman; and if I could, I would save him from Executive tyranny. The Senator would leave him a prey, so far as I can understand, for no other reason than because he is an inspector, an officer of inferior dignity, and because, if we embrace all inspectors, we shall have too much to do.
Sir, we are sent to the Senate for work, and especially to surround the citizen with all possible safeguards. The duty of the hour is as I have declared. It ought not to be postponed. Every day of postponement is to my mind a sacrifice. Let us not, then, be deterred even by the humble rank of these officers, or by their number, but, whether humble or numerous, embrace them within the protecting arms of the Senate.
The amendment was rejected,—Yeas 16, Nays 21. After further debate, the bill passed the Senate,—Yeas 29, Nays 9. It then passed the House with amendments. To settle the difference between the two Houses, there was a Committee of Conference, when the bill agreed upon passed the Senate,—Yeas 22, Nays 10,—and passed the House,—Yeas 112, Nays 41. March 2d, the bill was vetoed, when, notwithstanding the objections of the President, it passed the Senate,—Yeas 35, Nays 11,—and passed the House,—Yeas 138, Nays 40,—and thus became a law.[81]
Resolution in the Senate, from the Committee on Foreign Relations, January 16, 1867.
The following resolution was reported by Mr. Sumner, who asked the immediate action of the Senate upon it.
Whereas the traffic in laborers transported from China and other Eastern countries, known as the Coolie trade, is odious to the people of the United States as inhuman and immoral;
And whereas it is abhorrent to the spirit of modern international law and policy, which have substantially extirpated the African slave-trade, to permit the establishment in its place of a mode of enslaving men different from the former in little else than the employment of fraud instead of force to make its victims captive: Therefore
Be it resolved, That it is the duty of this Government to give effect to the moral sentiment of the Nation through all its agencies, for the purpose of preventing the further introduction of coolies into this hemisphere or the adjacent islands.
The resolution was adopted.
Remarks in the Senate, on Amendments to the Tariff Bill reducing the Tariff on Books, January 24, 1867.
The Senate having under consideration the bill to provide increased revenue from imports, Mr. Edmunds, of Vermont, moved to retain the following articles on the free list:—
“Books, maps, charts, and other printed matter, specially imported in good faith for any public library or society, incorporated or established for philosophical, literary, or religious purposes, or for the encouragement of the fine arts.”
Mr. Sumner said:—
MR. PRESIDENT,—By the existing law, public libraries and literary societies receive books, maps, charts, and engravings free of duty. It is now proposed to change the law, so that public libraries and literary societies shall no longer receive books, maps, charts, and engravings free of duty. It is a little curious that the present moment is seized for this important change, which I must call retrogressive in character. It seems like going back to the Dark Ages. We made no such change during the war. We went through all its terrible trials and the consequent taxation without any such attempt. Now that peace has come, and we are considering how to mitigate taxation, it is proposed to add this new tax.
Mr. Hendricks. Will the Senator allow me to ask whether he regards this bill as a mitigation of the taxes upon goods brought from foreign countries?
Mr. Sumner. I am not discussing the bill as a general measure.
Mr. Hendricks. I thought the Senator spoke of the present effort to mitigate taxation.
Mr. Sumner. I believe I am not wrong, when I say there is everywhere a disposition to reduce taxation, whether on foreign or domestic articles. Such is the desire of the country and the irresistible tendency of things. But what must be the astonishment, when it appears, that, instead of reducing a tax on knowledge, you augment it!
I insist, that, in imposing this duty, you not only change the existing law, but you depart from the standing policy of republican institutions. Everywhere we have education at the public expense. The first form is in the public school, open to all. But the public library is the complement or supplement of the public school. As well impose a tax on the public school as on the public library.
I doubt if the Senate is fully aware of the number of public libraries springing into existence. This is a characteristic of our times. Nor is it peculiar to our country. Down to a recent day, public libraries were chiefly collegiate. In Europe they were collegiate or conventual. There were no libraries of the people. But such libraries are now appearing in England and in France. Every considerable place or centre has its library for the benefit of the neighborhood. But this movement, like every liberal tendency, is more marked in the United States. Here public libraries are coming into being without number. The Public Library of Boston and the Astor Library of New York are magnificent examples, which smaller towns are emulating. In my own State there are public libraries in Lowell, Newburyport, New Bedford, Worcester, Springfield,—indeed, I might almost say in every considerable town. But Massachusetts is not alone. Public libraries are springing up in all the Northern States. They are now extending like a belt of light across the country. They are a new Zodiac, in which knowledge travels with the sun from east to west. Of course these are all for the public good. They are public schools, where every book is a schoolmaster. To tax such institutions now, for the first time, is a new form of that old enemy, a “tax on knowledge.” Such is my sense of their supreme value that I would offer them bounties rather than taxes.
In continuation of this same hospitality to knowledge, I wish to go still further, and relieve imported books of all taxes, so far as not inconsistent with interests already embarked in the book business. For instance, let all books, maps, charts, and engravings printed before 1840 take their place on the free list. Publications before that time cannot come in competition with any interests here. The revenue they afford will be unimportant. The tax you impose adds to the burdens of scholars and professional men who need them. And yet every one of these books, when once imported, is a positive advantage to the country, by which knowledge is extended and the public taste improved. I would not claim too much for these instructive strangers belonging to another generation. I think I do not err in asking for them a generous welcome. But, above all, do not tax them.
It is sometimes said that we tax food and clothes, therefore we must tax books. I regret that food or clothes are taxed, because the tax presses upon the poor. But this is no reason for any additional tax. Reduce all such taxes, rather than add to them. But you will not fail to remember the essential difference between these taxes. In New England education from the beginning was at the public expense; and this has been for some time substantially the policy of the whole country, except so far as it was darkened by Slavery. Therefore I insist, that, because we tax food and clothes for the body, this is no reason why we should tax food and clothes for the mind.
The question, being taken by yeas and nays, resulted,—Yeas 22, Nays 13; so the amendment was adopted.
Mr. Sumner then moved to exempt “maps, charts, and engravings executed prior to 1840.” He said that this amendment was naturally associated with that on which the Senate had just acted; that there could be no competition with anything at home.
In reply to Mr. Williams, of Oregon, Mr. Sumner again spoke.
Mr. President,—There is no question of the exemption of those who are best able to pay these duties; it is simply a question of a tax on knowledge. The Senator by his system would shut these out from the country, and would say, “Hail to darkness!” I do not wish to repeat what I have so often said; but the argument of the Senator has been made here again and again, and heretofore, as often as made, I have undertaken to answer it. He says we put a tax on necessaries now,—on the food that fills the body, on the garments that clothe the body. I regret that we do. I wish we were in a condition to relieve the country of such taxation. But does not the Senator bear in mind that he proposes to go further, and to depart from the great principle governing our institutions from the beginning of our history? We have had education free: in other words, we have undertaken to fill the mind and to clothe the mind at the public expense. We never did undertake to fill the body or to clothe the body at the public expense. Sir, as a lover of my race, I should be glad, could the country have clothed the body and filled the body at the public expense. I should be glad, had society been in such a condition that this vision could be accomplished; but we all know that it is not, and I content myself with something much simpler and more practical. I would aim to establish the principle which seems to have governed our fathers, and which is so congenial with republican institutions, that education and knowledge, so far as practicable, shall be free.
To make education and knowledge free, you must, so far as possible, relieve all books from taxation. I have already said that I did not propose to interfere with any of the practical interests of the book trade; but, where those interests are out of the way, I insist that the great principle of republican institutions should be applied. This is my answer to the Senator from Oregon. I fear he has not adequately considered the question. He has not brought to it that knowledge, that judgment, which always command my respect, as often as he addresses the Senate. He seems to have spoken hastily. I hope that he will withdraw, or at least relax, his opposition, and, revolving the subject hereafter, range himself, as he must, with his large intelligence, on the side of human knowledge.
Then, again, in reply to Mr. Conness, of California, Mr. Sumner remarked:—
It is because I hearken to the needs of my country that I make this proposition. I am not to be led aside by the picture of other necessities. I respect all the necessities of the people; but among the foremost are those of public instruction, and it is of those I am a humble representative on this floor. The Senator from California may, if he chooses, treat that representation with levity; he may announce himself an opponent of the policy which I would establish for my country; he may set himself against what I insist is a fundamental principle of republican institutions, that knowledge should not be taxed; he may go forth and ask for taxation on books and on public libraries, and, if he chooses, carry the principle still further, and tax the public school. He will then be consistent with himself. I hope that he will allow me to speak for what I believe the true need of the country.
The motion to exempt maps, charts, and engravings was rejected.
Mr. Sumner then moved to place on the free list “books printed prior to 1840.” It being objected, that “the duty as already laid was very low, only 15 per cent.,”—that “we have to look to revenue,”—and that it was desirable “to have all the interests of the country taxed,”—Mr. Sumner replied:—
Every argument for making the duty low is equally strong against having any duty on the subject. There is no reason that could have influenced the Committee in favor of reducing the duty which is not equally strong in favor of removing the duty. The Senator declares that the object is revenue. But the revenue that will come from this source is very small; it is not large enough to compensate for the mischief it will cause. Sir, I believe all the conclusions of the best experienced in taxation are, that we should seek as much as possible to diminish the objects of taxation. Just in proportion as nations become experienced in imposing taxes do they limit the objects to which the taxes are applied. It seems to me we are strangely insensible to that lesson of history. We seem to be groping about and seizing hold of every little object, every filament, if I may so express myself, which we can grasp, in order to drag it into the sphere of taxation.
I think we should be better employed, if we declined to tax a large number of articles which it is proposed to tax, and brought our taxation to bear on a few important articles, which we should make contribute substantially to the resources of the country. The tax that is now proposed will contribute nothing of any real substance to the resources of the country, while to my view it is not creditable. I say it frankly, it is not creditable to the civilization of our age, and least of all is it creditable to the civilization of a republic.
Such is my conviction. As often as I have thought of this question, I cannot see it in any other light; and I do think that money derived from a tax on books can be vindicated only on the principle of the Roman emperor, “Money from any quarter, no matter what, for money does not smell.”[82] Now it were better, if, instead of hunting up these several articles for taxation, running them down like game, to bag them in the public treasury, we should confine ourselves to the great subjects, and make them productive. There are enough of them, and in this way we can have revenue enough. I would have all the revenue we want; but, having it, be hospitable to literature, to knowledge, to art; and now let me say, be hospitable to books, because through books you will obtain what you desire in literature, in knowledge, and in art.
Mr. Kirkwood, of Iowa, thought Mr. Sumner ought to be content with what was done. “If he gets the rate reduced from 25 to 15 per cent., when the taxes on everything we eat and wear are being raised 20, 30, 40, or 50 per cent., I think that he ought to be content.”
Mr. Sumner. Personally I am content with anything. I am trying to do what I think best for the people. I may be mistaken in my judgment; and when I see so many distinguished Senators so earnestly differing from me, I am led to call in question my conclusions; and yet considerable reflection and some experience in dealing with this question have always brought me more strongly than before to the same unalterable conclusion. I feel, that, in imposing this tax, you make a great mistake; because it is a bad example, and just to the extent of its influence keeps knowledge out of the country.
The motion of Mr. Sumner was rejected,—Yeas 5, Nays 32. Another motion by him, to exempt mathematical instruments and philosophical apparatus imported for societies, shared the same fate.
Speech in the Senate, on an Amendment to the Tariff Bill, January 29, 1867.
January 29th, the Senate having under consideration the bill to provide increased revenue from imports, known as the Tariff Bill, Mr. Sumner moved the following:—
“On all bituminous coal mined and imported from any place not more than thirty degrees of longitude east of Washington, fifty cents per ton of twenty-eight bushels, eighty pounds to the bushel.”
The effect of this amendment would be to reduce the duty from $1.50 to 50 cents a ton.
MR. PRESIDENT,—The object of the amendment is to bring the bill back where it was at first. The Senate will remember that in committee a motion prevailed by which the duty of 50 cents per ton on the coal mentioned was raised to $1.50. I am at a loss to understand the precise object of this increased tax on coal. There are strong reasons against any tax on coal; and the reasons are stronger still against this increased tax. Its movers must have an object. What is it?
It seems that there are imported into the United States about 500,000 tons, being 350,000 from the British Provinces and 150,000 from Great Britain; and this coal is to be taxed at the rate of $1.50 a ton in gold. If the same amount of importation continued, this tax would yield $750,000 in gold,—a handsome addition to the revenue. But I am sure the tax is not imposed on this account. It is imposed with some vague hope of benefit to the coal interest. But here, as we look at it, we are mystified. Is it supposed that the price of coal throughout the country will be raised to this extent? The idea is monstrous. There are some 22,000,000 tons now produced, which, if raised in price according to this tax, will cost the country 33,000,000 gold dollars in addition to the present price. This might be advantageous to certain proprietors, but it must be damaging to the country. Nobody can expect this. The object, then, is something else. I will not say that it is merely to take advantage of the States that do not produce coal, for this would be sheer oppression. I suppose that it must be to exclude foreign coal, and to that extent open the market for domestic coal.
But this tax will be positively oppressive to coal-purchasers in New England, to say nothing of New York. Nature has denied coal to this region of country,—or rather, Nature has placed the natural supply for this region outside our political jurisdiction. It is in Nova Scotia, on the other side of our boundary line. Coal in abundance is there, easily accessible by water, and therefore transported at comparatively small cost. Another part of our country has a different supply. On the other side of the mountain-ridge separating the sea-coast from the valleys of the West is an infinite coal-field, the source of untold wealth, which, beginning in the mountains and filling West Virginia and Western Pennsylvania, stretches through the valley of the Ohio, enriching the States that border upon it, and then, crossing the Mississippi, extends through other States beyond, even to Colorado. This is the greatest coal-field, as it is also the greatest corn-field, in the world. It is magnificent beyond comparison. This is the natural resource for the immense region west of the Alleghanies. But why should New England, which has a natural resource comparatively near at home, be compelled at great sacrifice to drag her coal from these distant supplies?
I hear of complaint at Pittsburg, where the price of coal is only two dollars a ton, currency. But imported coal in New England costs at the mine two dollars a ton, gold. Add three or four dollars a ton for freight. And now it is proposed to pile on this a duty of more than two dollars, currency. If Pittsburg complains of coal at two dollars a ton, what must Boston say, when you make it nine dollars? Is this just? Is it practically wise? But I forget: there can be no wisdom without justice.
If it be said that the interests of New England are protected even by the bill before the Senate, I have to say in reply, that no interest of hers is protected at the expense of the rest of the country. All that we ask is fair play. Let it be shown that there is any part of the country which will suffer from the favor accorded to New England as her coal-purchasers must suffer from the favor accorded to the distant coal-owners of the mountains, and I will do what I can to see justice done. I ask nothing but that justice which I am always willing to accord. We constitute parts of one country with common interests, and the prosperity of each is bound up in the prosperity of all.
It is said that this proposed tax will be of advantage to the Cumberland coal in the mountains of Maryland. Perhaps; but not to any considerable extent. I understand that not more than 60,000 tons of Nova Scotia coal are imported in competition with that of Cumberland. This is mainly at Providence, where it is used in the manufacture of iron. But the Cumberland coal is so completely adapted to glassworks, railways, ocean steamships, blacksmiths’ forges, that it may be said to command the market exclusively. Nature has given to it this monopoly. Why not be content?
There are peculiar reasons why coal should be cheap, whether viewed as a necessary or as a motive power. As a necessary, it enters into the comforts of life; as a motive power, it is the substitute for water-power. What reason can you give for a tax on motive power from coal which is not equally strong for a tax on motive power from water, unless it be that one is “black” and the other is “white”? I plead that you shall not needlessly add to the public burden in a particular portion of the country. I have alluded to the cheapness of coal at Pittsburg. In other places it is cheaper still. At Pomeroy, in Ohio, it is $1.40 a ton, and at Cumberland itself it is $1.50 a ton, always currency; and yet New England is to pay $1.50 tax, gold, being more than the coal is worth to its producer, besides the large cost of transportation.
Next after the industry of a people is cheap coal, as an element of national prosperity. Without it, even industry will lose much of its activity and variety. It is coal that has vitalized and quickened all the mighty energies of England. From coal have come all the various products of her manufactories, and these again have furnished the freights for her ships, so that she has become not only a great manufacturing nation, but also a great commercial nation. Coal is the author of all this. Coal is the fuel under the British pot which makes it boil. It ought to do the same for us, and even more, if you will let it. Therefore I end as I began,—tax coal as little as possible.
In reply especially to Mr. Reverdy Johnson, of Maryland, and Mr. Sherman, of Ohio, Mr. Sumner said:—
…
Now, without following the Senator from Kentucky [Mr. Davis] in that proposition, I do insist, that, on articles of prime necessity, we should reduce taxation where we can. Therefore, when the Senator from Ohio tells me, that, if my proposition is adopted, we shall lose a certain amount of revenue derived from coal, I have an easy reply. Very well,—let us lose that amount of revenue derived from coal. You ought not to obtain it; coal ought not to be one of your taxed articles. So far as possible, coal should be cheap. That is the proposition with which I began and ended; and if I do not impress that upon the Senate, I certainly fail in what I attempted.
Mr. Grimes [of Iowa]. Why should it be cheap?
Mr. Sumner. Because it enters into the necessaries of life, and because it is a motive power that works our manufactories.
…
I say that the article is necessary to us in New England. It enters into our daily life,—into the economies of every house, into the expenses of every citizen. It enters, therefore, into the welfare of the community; and you cannot tax coal without making the whole community feel it, whether rich or poor. Every poor man feels it. If I said the rich man felt it, you would reply, “That makes no difference; let him feel it.” I insist that every poor man feels it; and I insist further, that all who are interested in the manufactures of the country necessarily feel it,—not only producers and owners, but all who use the products of their looms. I say, that, as a motive power, it should be made cheap and kept cheap. Now the apparent policy is, to make it dear and keep it dear.
Mr. Hendricks [of Indiana]. I like the Senator’s argument just where he is now; but I wish to ask him whether, if by a tariff you raise the price of every yard of cheap woollen goods and cheap cotton goods, it is not a direct tax on the labor of the poor man of the West, who has to buy them?
Mr. Creswell [of Maryland, to Mr. Sumner]. That is the application of your argument.
Mr. Sumner. The Senator from Maryland says that is the application of my argument. Pardon me, not at all; because the tax on cotton and on woollen goods—I have had very little to do with imposing any such tax—is not oppressive on any part of the country, nor does it bear hard on the constituents of the Senator, or on the constituents of any Senator on this floor; whereas the increase of the tax on coal will bear hard upon a whole community, and upon all its interests; and that is the precise difference between the two cases.
The Senator from Ohio seemed to speak of this with perfect tranquillity, as if there were nothing in it oppressive, or even open to criticism. He thought we might tax coal as we tax any other article. I differ from him. I do not think you should tax coal as you tax other articles; and, further, I do not think you should impose any tax bearing with special hardship, so as to be something akin to injustice, on any particular part of our country. That is my answer to the argument of the Senator from Maryland, and to the inquiry of the Senator from Indiana.
Mr. Creswell replied warmly, criticizing Mr. Sumner, saying, among other things,—
“The distinguished Senator from Massachusetts has treated us to a Free-Trade speech in the Senate of the United States. The commentary of the Senator from Indiana was just and correct; it was a deduction that he had a right logically to make; and I tell the Senator from Massachusetts that his course in the Senate to-day is in its effects a better Free-Trade speech than has ever been made in any of the Middle States during the last ten years.”
Mr. Wilson, of Massachusetts, united with Mr. Sumner.
The amendment was lost,—Yeas 11, Nays 25.
Remarks in the Senate, on an Amendment of the National Constitution, February 11, 1867.
The Senate had under consideration an Amendment to the National Constitution, reported by the Judiciary Committee, as follows:—
“No person elected President or Vice-President, who has once served as President, shall afterward be eligible to either office.”
Mr. Fessenden, of Maine, thought that the words “who has once served as President” should be struck out. Mr. Williams, of Oregon, suggested: “No person who has once served as President shall afterward be eligible to either office.” Mr. Poland, of Vermont, moved, as a substitute, the following:—
“The President and Vice-President of the United States shall hereafter be chosen for the term of six years; and no person elected President or Vice-President, who has once served as President, shall afterward be eligible to either office.”
Mr. Sumner said:—
I agree with the Senator from Maryland [Mr. Johnson], so far as I was able to follow his remarks. It seems to me it would be better, if the term of the President were six years rather than four. I regretted that the report of the Committee did not embody such a change. I am therefore thankful to the Senator from Vermont, who by his motion gives us an opportunity to vote on that proposition.
But allow me to go a little further, and there I should like the attention of my friend opposite [Mr. Johnson]. If the term of the President is to be six years, should we not abolish the office of Vice-President? Are you willing to take the chance of a Vice-President becoming President a few weeks after the beginning of the six years’ term, and then serving out that full term? We all know, in fact, that the Vice-President is nominated often as a sort of balance to the President. It is too much with a view to certain political considerations, and possibly to aid the election of the President, rather than to secure the services of one in all respects competent to be President. Suppose, therefore, we have a President only, and leave to Congress the provision for a temporary filling of the office, as now on the disability of the President and Vice-President.
I throw out these views without making any motion. I submit that we do not meet all the difficulties of the present hour, unless we go still further and provide against abnormal troubles from the nomination of a Vice-President selected less with reference to fitness than to transient political considerations. As my friend says, he is thrown in for a make-weight, and then, in the providence of God, the make-weight becomes Chief Magistrate. It seems to me important, that, if possible, we should provide against the recurrence of such difficulties.
But suppose the proposition of the Committee to stand as reported, I am brought then to the question raised by the Senator from Maine [Mr. Fessenden], whether it should be applicable to a Vice-President in the providence of God called to be President. On that point I am obliged to go with the Committee. It seems to me that the evil we wish to guard against in the case of the President naturally arises in the case of a Vice-President who becomes President. I say this on the reason of the case, and then I say it on our melancholy experience. The three cases in our history which distinctly teach the necessity of the Amendment before us are of three Vice-Presidents who in the providence of God became Presidents. But for these three cases, nobody would have thought of change. It is to meet the difficulties found to arise from a Vice-President becoming President, and then hearkening to the whisperings and temptations which unhappily visit a person in his situation, that we have been led to contemplate the necessity of change. I hope, therefore, if the proposition of the Senator from Vermont [Mr. Poland] is not taken as a substitute, that the words of the Committee will be preserved.
I am disposed to go still further. I would have an additional Amendment,—one that has not appeared in this discussion, though not unknown in this Chamber, for distinguished Senators who once occupied these seats have more than once advocated it,—I mean an Amendment providing for the election of President directly by the people, without the intervention of Electoral Colleges. Such an Amendment would give every individual voter, wherever he might be, a positive weight in the election. It would give minorities in distant States an opportunity of being heard in determining who shall be Chief Magistrate. Now they are of no consequence. Such an Amendment would be of peculiar value. It would be in harmony, too, with those ideas, belonging to the hour, of the unity of the Republic. I know nothing that would contribute more to bring all the people, to mass all the people, into one united whole, than to make the President directly eligible by their votes. But no such proposition is before us, nor is there any such proposition as I have alluded to with regard to the office of Vice-President. I hope, however, that these subjects will not be allowed to pass out of mind, and that some time or other we shall be able to act on them in a practical way.
After debate, the question was dropped without any vote.
Speeches in the Senate, on the Bill to provide for the more Efficient Government of the Rebel States, February 14, 19, and 20, 1867.
The subject of Reconstruction was uppermost during the present session, sometimes in Constitutional Amendments and sometimes in measures of legislation.
February 13th, the Senate received from the House of Representatives a bill “to provide for the more efficient government of the Insurrectionary States,” which, after various changes, was finally passed under the title of “An Act to provide for the more efficient government of the Rebel States,” being the most important measure of legislation in the history of Reconstruction. As this bill came from the House it was a military bill, creating five military districts in the South, without any requirement with regard to suffrage, and with no exclusion of Rebels. Mr. Bingham, of Ohio, and Mr. Blaine, of Maine, announced in the House amendments requiring in the new constitutions “that the elective franchise shall be enjoyed by all male citizens of the United States twenty-one years old and upward, without regard to race, color, or previous condition of servitude, except such as may be disfranchised for participating in the late Rebellion or for felony at Common Law.” But they had not been able to obtain a direct vote; nor was there any exclusion of Rebels in their propositions. Mr. Stevens, of Pennsylvania, said:—
“The amendment of the gentleman from Maine [Mr. Blaine] lets in a vast number of Rebels and shuts out nobody. All I ask is, that, when the House comes to vote upon that amendment, it shall understand that the adoption of it would be an entire surrender of those States into the hands of the Rebels.”
About this time the House passed what was known as the Louisiana Bill, being a bill providing for the reconstruction of that State, with all necessary machinery, not unlike the bill introduced on the first day of the preceding session, “to enforce the guaranty of a republican form of government in certain States whose governments have been usurped or overthrown.”[83] The two bills together would have made a complete system of Protection, and the second, when extended to all the States, a complete system of Reconstruction.
February 14th, Mr. Sumner said:—
I am in favor of each of these bills. Each is excellent. One is the beginning of a true Reconstruction; the other is the beginning of a true Protection. Now in these Rebel States there must be Reconstruction and there must be Protection. Both must be had, and neither should be antagonized with the other. The two should go on side by side,—guardian angels of the Republic. Never was Congress called to consider measures of more vital importance. I am unwilling to discriminate between the two. I accept them both with all my heart, and am here now to sustain them by my constant presence and vote.
But, Sir, what we know as the Louisiana Bill came into this Chamber first; it was first made familiar to us; it has precedence. On that account it seems to me it ought to come up first, it ought to lead the way. I am not going to say that this is better than the other, or that the other is better than this. Each is good; and yet, I doubt not, each is susceptible of amendment. The Senator from Maine [Mr. Fessenden] has already foreshadowed an important amendment on the bill reported by the Committee of which he is Chairman; I have already sent to the Chair an amendment which at the proper time I may move on the other bill. But I desire to make one remark with regard to amendments. I am so much in earnest for the passage of these bills, that I shall cheerfully forego any amendment of my own, if I find it to be the general sentiment of those truly in earnest for the bills that we ought not to attempt amendments. If, however, amendments seem to be preferable, then I shall propose those I have sent to the Chair.
February 15th, the Senate began the consideration of the Military Bill, continuing in session until three o’clock in the morning of the next day. Speeches and motions showed great differences on the subject. Some were content with a purely military bill, contemplating simply the protection of the people in the Rebel States. Others wished to add measures of Reconstruction; and here again there were differences. Some were content with the requirement of suffrage without distinction of color in the new constitutions, making no provision for the exclusion of Rebels, leaving the organization in the hands of the existing electors, and providing, that, on the adoption of the Constitutional Amendment, and of a State constitution securing equal suffrage, any such State should be entitled to representation in Congress.
In the hope of putting an end to these differences, a caucus of Republican Senators was held the next forenoon, when a committee was appointed, as follows: Mr. Sherman, of Ohio, Mr. Fessenden, of Maine, Mr. Howard, of Michigan, Mr. Harris, of New York, Mr. Frelinghuysen, of New Jersey, Mr. Trumbull, of Illinois, and Mr. Sumner, to consider the pending bill and amendments and report to the caucus. The committee withdrew from the Senate, leaving a Senator making a long and elaborate speech, and proceeded with their work. The House bill was taken as the basis, and amended in several particulars, to which Mr. Sumner afterwards alluded in the Senate. An effort by Mr. Sumner to require equal suffrage found no favor; nor did what was known as the Louisiana Bill, which he proposed as a substitute; nor an effort to exclude Rebels. He felt it his duty to say to the committee, that, on the making of the report, he should appeal to the caucus, which he did. The caucus, by 15 Yeas to 13 Nays,—Senators standing to be counted,—voted to require equal suffrage in the choice of the constitutional conventions; also in the new constitutions, and in their ratification. But the bill was left without any exclusion of Rebels, and with the declaration, that, doing these things and ratifying the Amendment to the National Constitution, a State should be entitled to representation in Congress. In these latter respects it seemed to Mr. Sumner highly objectionable.
The vote of the caucus to require suffrage without distinction of color seemed a definitive settlement of that question for the Rebel States. At that small meeting, and by those informal proceedings, this great act was accomplished. For Mr. Sumner it was an occasion of especial satisfaction, as his long-continued effort was crowned with success. These volumes show how, by letter, speech, resolution, and bill, he had constantly maintained this duty of Congress. His bill, introduced on the first day of the preceding session, “to enforce the guaranty of a republican form of government in certain States whose governments have been usurped or overthrown,” contained the specific requirement now adopted, while the debates on the Louisiana Bill,[84] the Colorado Bill,[85] the Nebraska Bill,[86] and the Constitutional Amendment,[87] attested his endeavor to apply this requirement.
During the evening session, Mr. Sherman, chairman of the caucus committee, moved the bill accepted by the caucus, as a substitute for the House bill. It was understood that it would receive the support of the Republican Senators without further amendment, and, as they constituted a large majority, its passage was sure. Under these circumstances, Mr. Sumner left the Chamber at midnight. The vote was taken a little after six o’clock, Sunday morning,—Yeas 29, Nays 10.
In the other House, the substitute of the Senate was the occasion of decided differences, not unlike those in the Senate on the House bill. Many felt that the Unionists were left without adequate protection. Mr. Stevens, of Pennsylvania, after saying that the Senate had sent “an amendment which contains everything else but protection,” exclaimed: “Pass this bill and you open the flood-gates of misery,—you disgrace, in my judgment, the Congress of the United States.” Mr. Boutwell, of Massachusetts, said: “My objection to the proposed substitute of the Senate is fundamental, it is conclusive. It provides, if not in terms, at least in fact, by the measures which it proposes, to reconstruct those State governments at once through the agency of disloyal men.” Mr. Williams, of Pennsylvania, said: “We sent to the Senate a proposition to meet the necessities of the hour, which was Protection without Reconstruction, and it sends back another, which is Reconstruction without Protection.” At length, on motion of Mr. Stevens, the House refused to concur in the amendment of the Senate, and asked a committee of conference on the disagreeing votes of the two Houses.
February 19th, the excitement of the House was again transferred to the Senate, where Mr. Williams, of Oregon, moved that the Senate insist upon its amendment, and agree to the conference. An earnest debate ensued, in which Mr. Sumner favored the conference committee, and also explained what he wished to accomplish by the bill. Mr. Williams withdrew his motion, when Mr. Sherman moved that the Senate insist on its amendment to the House bill and that the House be informed thereof. Mr. Trumbull sustained the motion. Mr. Sumner followed.
Mr. President,—In what the Senator from Illinois [Mr. Trumbull] has said of the failure by the President to discharge his duties under existing laws I entirely agree. He touches the case to the quick. It is impossible not to see that the special difficulty of the present moment springs from the bad man who sits in the executive chair. He is the centre of our woes. More than once before I have recalled the saying of Catholic Europe, “All roads lead to Rome.” So now, among us, do all roads lead to the President. We attempt nothing which does not bring us face to face with him, precisely as during the Rebellion we attempted nothing which did not bring us face to face with Jefferson Davis. I mention this, not to deter, but for encouragement. We have already conquered the chief of the Rebellion. I doubt not that we shall conquer his successor also. But this can be only by strenuous exertion. It is no argument against legislation that the President will not execute it. We must do our duty, and insist always that he shall do his.
Therefore I am in favor of some measure of Reconstruction, the best we can secure, the more thorough the better. And I ask you to take such steps as will best accomplish this result. There is a difference between the two Houses, and at this stage the customary proceeding is a conference committee. But the Senator from Illinois is against any such committee in a case of such magnitude. To my mind his argument should be directed against the rule of Parliamentary Law which provides a conference committee at this precise stage of parliamentary proceedings. Let him move to change the Parliamentary Law, so that in cases of peculiar importance the common rule shall cease to be applicable. Let this be his thesis. But, so long as the Lex Parliamentaria exists, I submit that it is hardly reasonable to resist its application, especially when the House has asked a conference committee on a bill of theirs which you have amended.
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I differ from the Senator [Mr. Sherman, of Ohio] radically, when he intimates that the bill needs only “slight” amendments. With this opinion I can understand that he should urge a course which I fear may cut off amendments to me essential.
Mr. President, I would speak frankly of this measure, which has in it so much of good and so much of evil. Rarely have good and evil been mixed on such a scale. Look at the good, and you are full of grateful admiration. Look at the evil, and you are impatient at such an abandonment of duty. Much is gained, but much is abandoned. You have done much, but you have not done enough. You have left undone things which ought to be done. The Senator from Maine [Mr. Fessenden] was right in asking more. I agree with him. I ask more. All the good of the bill cannot make me forget its evil. It is very defective. It is horribly defective. Too strong language cannot be used in characterizing a measure with such fatal defects. But nobody recognizes more cordially than myself the good it has. Pardon me, if I do my best to make it better.
This is the original House bill for the military government of the Rebel States, revised and amended by the Senate in essential particulars. As it came from the House it was excellent in general purpose, but imperfect. It was nothing but a military bill, providing protection for fellow-citizens in the Rebel States. Unquestionably it was improved in the Senate. It is easy to mention its good points, for these are conspicuous and seem like so many monuments.
Throughout the bill, in its title, in its preamble, and then again in its body, the States in question are designated as “Rebel States.” I like the designation. It is brief and just. It seems to justify on the face any measure of precaution or security. It teaches the country how these States are to be regarded for the present. It teaches these States how they are regarded by Congress. “Rebel States”: I like the term, and I am glad it is repeated. God grant that the time may come when this term may be forgotten! but until then we must not hesitate to call things by their right names.
More important still is the declaration in the preamble, that “no legal State governments” now exist in the enumerated Rebel States. This is a declaration of incalculable value. For a long time, too long, we have hesitated; but at last this point is reached, destined to be “the initial point” of a just Reconstruction. For a long time, again and again, I have insisted that those governments are illegal. Strangely, you would not say so. The present bill fixes this starting-point of a true policy. If the existing governments are “illegal,” you have duties with regard to them which cannot be postponed. You cannot stop with this declaration. You must see that it is carried out in a practical manner. In other words, you must brush away these illegal governments, the spawn of Presidential usurpation, and supply their places. The illegal must give place to the legal; and Congress must supervise and control the transition. The bill has a special value in the obligations it imposes upon Congress. Let it find a place in the statute-book, and your duties will be fixed beyond recall.
Another point is established which in itself is a prodigious triumph. As I mention it, I cannot conceal my joy. It is the direct requirement of universal suffrage, without distinction of race or color. This is done by Act of Congress, without Constitutional Amendment. It is a grand and beneficent exercise of existing powers, for a long time invoked, but now at last grasped. No Rebel State can enjoy representation in Congress, until it has conferred the suffrage upon all its citizens, and fixed this right in its constitution. This is the Magna Charta you are about to enact. Since Runnymede, there has been nothing of greater value to Human Rights.
To this enumeration add that the bill is in its general purposes a measure of protection for loyal fellow-citizens trodden down by Rebels. To this end, the military power is set in motion, and the whole Rebel region is divided into districts where the strong arm of the soldier is to supply the protection asked in vain from illegal governments.
Look now at the other side, and you will see the defects. By an amendment of the Senate, the House bill, which was merely a military bill for protection, has been converted into a measure of Reconstruction. But it is Reconstruction without machinery or motive power. There is no provision for the initiation of new governments. There is no helping hand extended to the loyal people seeking to lay anew the foundations of civil order. They are left to grope in the dark. This is not right. It is a failure on the part of Congress, which ought to preside over Reconstruction and lend its helping hand, by securing Education and Equal Rights to begin at once, and by appointing the way and the season in which good citizens should proceed in creating the new governments.
I cannot forget, also, that there is no provision by which the freedmen can be secured a freehold for themselves and their families, which has always seemed to me most important in Reconstruction.
But all this, though of the gravest character, is dwarfed by that other objection which springs from the present toleration of Rebels in the copartnership of government. Here is a strange oblivion, showing a strange insensibility.
The Senator from Illinois [Mr. Trumbull] argued that the bill would put the new governments into loyal hands. Has he read it? My precise objection is, that it does not put the government into loyal hands. Look at it carefully, and you will see this staring you in the face at all points. While requiring suffrage for all, without distinction of race or color, it leaves the machinery and motive power in the hands of the existing governments, which are conducted by Rebels. Therefore, under this bill, Rebels will initiate and conduct the work of Reconstruction, while loyal citizens stand aside. The President once said, “For the Rebels back seats.” This bill says, “For the loyal citizens back seats.” Nobody is disfranchised. There is no traitor, red with loyal blood, who may not play his part and help found the new government. The bill excepts from voting only “such as may be disfranchised for participation in the Rebellion.” It does not require that any body shall be disfranchised, but leaves this whole question to the existing government, who will, of course, leave the door wide open.
Looking at this feature, I cannot condemn it too strongly. It is true that suffrage is at last accorded to the colored race; but their masters are left in power to domineer, and even to organize. With experience, craft, and determined purpose, there is too much reason to fear that all safeguards will be overthrown, and the Unionist continue the victim of Rebel power. This must not be. And you must interfere in advance to prevent it. You must exercise a just authority in disfranchising dangerous men. On this point there must be no uncertainty, no “perhaps.” It is not enough to say that Rebels may be disfranchised; you must say must. Without this is surrender.
Such a surrender Congress cannot make. Therefore do I rejoice with my whole heart that the House of Representatives has given to the Senate the opportunity of reconsidering its action and taking the proper steps for amending the bill. The new governments must be on a loyal basis. Loyal people must be protected against Rebels. Here I take my stand. I plead for those good people, who have suffered as people never suffered before. I appeal to you as Senators not to miss this precious opportunity. Take care that the bill is amended, so that it may be the fountain of peace, and not the engine of discord and oppression.