Part 8

“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.