Part 9

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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.

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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.

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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.

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’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.

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That all might free and equal all remain.

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

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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.

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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.

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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, where Washington sat as President, and Franklin and Hamilton sat as members, there is nothing with so much of imperishable charm. It was wrong to admit in the Constitution the idea that man could hold property in man. In this spirit the Constitution was framed. This offensive idea was not admitted. The text, at least, was kept blameless. And now, after generations have passed, surrounded by the light of Christian truth and in the full blaze of Human Freedom, it is proposed to admit in the Constitution a twin idea of Inequality in Rights, and thus openly set at nought the first principles of the Declaration of Independence, and the guaranty of a republican government itself, while you blot out a whole race politically. For some time we have been carefully expunging from the statute-book the word “white,” and now it is proposed to insert in the Constitution itself a distinction of color. An amendment, according to the dictionaries, is “an improvement,” “a change for the better.” Surely the present proposition is an amendment which, like the crab, goes backward.

Such is the appearance, when you regard it merely in form, without penetrating its substance; but here it is none the less offensive. The case is plain. Still among us are four million citizens robbed of all share in the government of a common country, while, at the same time, according to their means, they are taxed, directly and indirectly, for the support of the Government. Nobody will question the statement. And this bare-faced tyranny of taxation without representation it is now proposed to recognize as not inconsistent with fundamental right and the guaranty of a republican government. Instead of blasting it, you go forward to embrace it as an element of political power.

If you expect to induce the recent slave-master to confer suffrage without distinction of color, you will find the proposition a delusion and a snare. He will do no such thing. Even the bribe offered cannot tempt him. If, on the other hand, you expect to accomplish a reduction of his political power, permit me to say that success is more than doubtful, while the means employed are unworthy. Tricks and evasions are possible, and the cunning slave-master will drive his coach and six through your Amendment, stuffed with all his representatives. Should he cheat you, it will only be a proper return for the endeavor on your part to circumvent him at the expense of fellow-citizens to whom you are bound by every obligation of public faith.

I know not if others will see this uncertainty as I see it; but there are two practical consequences, having direct influence on the times, which all must discern as following at once from the adoption of the so-called Amendment. In the first place, it will be a present renunciation of all power under the Constitution to apply the remedy for a grievous wrong, when the remedy, even according to your own recent example, is actually in your hands. You have already in this Chamber, only last Friday, decreed civil rights without distinction of color.[41] Who can doubt that by the same title you may decree political rights, also, without distinction of color? But, having the power, it is your duty to exercise it. You cannot evade this duty without becoming partakers in wrong. And this brings me to the second practical consequence that must ensue from the adoption of this proposition. You hand over wards and allies, through whom the Republic has been saved, and therefore our saviours, to the control of vindictive enemies, to be taxed and governed without their own consent; and this you do for a consideration “nominated in the bond,” by virtue of which men may do a great wrong, provided they submit, as a _quid pro quo_, to a proportionate abridgment of political power. Who does not admire the Scottish patriot of whom it was said that he “would lose his life readily to _serve_ his country, but would not do a base thing to _save_ it”?[42] I hope we may act in this spirit. Above all, do not copy the example of Pontius Pilate, who surrendered the Saviour of the World, in whom he found no fault at all, to be scourged and crucified, while he set at large Barabbas, of whom the Gospel says in simple words, “Now Barabbas was a robber.”

I speak with sincere deference for cherished friends from whom I differ; but I submit that the time has come, at last, when we should deal directly, and not indirectly, with the great question before us, and when all compromise of Human Rights should cease, and especially there should be no thought of a three-headed compromise, which, after degrading the Constitution, renounces a beneficent power essential to the safety of the Republic, and, lastly, borrowing an example from Pontius Pilate, turns over a whole race to sacrifice. These objections I present briefly on the threshold, without argument, and advance to the main question which must dominate this whole debate. By way of introduction, I send to the Chair a counter proposition, which I wish read. It is entitled “A 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.”

This was the joint resolution introduced February 2d,[43] in anticipation of this debate, but made applicable “anywhere within the limits of the United States or the jurisdiction thereof.” After its reading by the Secretary of the Senate, Mr. Sumner proceeded.

MR. PRESIDENT,--In opening this great question, I begin by expressing a heartfelt aspiration that the day may soon come, when the States lately in rebellion may be received again into the copartnership of political power and the full fellowship of the Union. But I see too well that it is vain to expect this day, so much longed for, until we have obtained that security for the future which is found only in the Equal Rights of All, at the ballot-box as in the court-room. This is the Great Guaranty without which all other guaranties will fail. This is the sole solution of present troubles and anxieties. This is the only sufficient assurance of peace and reconciliation. To the establishment of this Great Guaranty, as a measure of safety and of justice, I now ask your best attention.

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The powers of Congress over this subject are ample as they are beneficent. From four specific fountains they flow, each sufficient, all four swelling into an irresistible current, and tending to one conclusion: first, the necessity of the case, by which, according to analogy of the Territories, disloyal States, having no local government, lapse under the authority of Congress; secondly, the Rights of War, which do not expire or lose their grasp, except with the establishment of all needful guaranties; thirdly, the constitutional injunction to guaranty a republican form of government; and, fourthly, the Constitutional Amendment, by which Congress, in words of peculiar energy, is empowered to “enforce” the abolition of Slavery by “appropriate legislation.” According to the proverb of Catholic Europe, all roads lead to Rome; and so do all these powers lead to the jurisdiction of Congress over this whole subject. No matter which road you take, you arrive at the same point. The first two have already been discussed exhaustively.[44] The two latter have been considered less, and it is on these that I shall speak especially to-day. I propose, with the permission of the Senate, to show the necessity and duty of exercising the jurisdiction of Congress so as to secure that essential condition of a republican government, the Equal Rights of All. And I put aside, at the outset, the metaphysical question, worthy of schoolmen in the Dark Ages, whether certain States are _in_ the Union or _out of_ the Union. That is a question of form, and not of substance,--of words only, and not of facts; for the substance is clear, and the facts are unanswerable. All are agreed, according to the authority of President Lincoln, in his latest utterance before his lamented death, that these States have ceased to be in “practical relation with the Union”;[45] and this is enough to sustain the jurisdiction of Congress, even without the plain words of the Constitution in two separate texts.

The time has passed for phrases, which have been the chief resource in opposition to a just reconstruction. It is not enough to say “a State cannot secede,” “a State cannot get out of the Union,” “Louisiana is a State in the Union.” These are mere words, having no positive meaning, and improper for this debate. So far as they have meaning, they confound law and fact. It is very obvious that a State may, in point of _law_, be still in the list of States, and yet, in point of _fact_, its relations to the Union may have ceased through violence, foreign or domestic. In point of law, no man can commit suicide; but in point of fact, men do. The absurdity of denying that a man has committed suicide, because it is unlawful, is equalled by the kindred absurdity of saying that a State cannot do a certain thing, because it is unlawful. Unhappily, in this world, the fact is not always in conformity with the law.

Therefore I put aside all fine-spun theories running into the metaphysics of Constitutional Law. All such subtilties are absolutely futile. They must end in nothing. I found myself on existing facts, which are undeniable. Of these I select two.

Whatever may have been the effect of the acts of Secession in point of law, it is plain that _de facto_ the Rebel States have ceased to take any part in the National Government. All loyal government in those States has been _de facto_ subverted. They are all without magistrates or officers bound by oath to support the National Constitution according to its requirement, so that _de facto_ there are no magistrates or officers of the Union in these States; nor are there any _de facto_ Senators or Representatives in Congress from those States. Such are unquestionable facts, all of which concentre in the great unquestionable _fact_, that for the time being there are no State Governments in these States which the National Government can recognize as such.

There is another fact equally unquestionable. It is that the Rebel States have been _de facto_ in war against the National Government. Armies have been mustered, battles have been fought, and the whole country has been convulsed by this war. An immense national debt, mourning families, widows and orphans, attest this terrible fact.

Everything has a natural consequence, and the consequence of this condition of things is that necessity which I have announced. These States cannot subsist without legal governments in just correlation with the other States and with the Nation.

Necessity and duty commingle. If what is necessary is not always according to duty, surely duty is always a necessity. On the present occasion they unite in one voice for the Great Guaranty. It is at once necessity and duty. Glancing at the promises of the Fathers, I shall exhibit,--

_First_, the overruling necessity of the times;

And, _secondly_, the positive mandate of the Constitution, compelling us to guaranty “a republican form of government,” and thus to determine what is meant by this requirement; all of which has been fortified by continuing Rights of War, and by the Constitutional Amendment authorizing Congress to enforce the abolition of Slavery.

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In the life of a nation, as in that of an individual, there are moments when outstanding promises must be performed under peril of ruin and dishonor. Such is the present moment in the life of the Republic. Sacred promises, beginning with our history, are yet unperformed, although the hour has sounded when continued failure on our part will open the door to a long train of woes. And there are yet other promises, recently made, for the national defence against a wicked rebellion, which, like those of earlier date, are also unperformed. But the latter are all included in the former; so that our whole present duty centres in the performance of sacred promises coëval with the national life.

Our fathers solemnly announced the Equal Rights of all men, and that government had no just foundation except in the consent of the governed; and to the support of the Declaration heralding these self-evident truths they pledged their lives, their fortunes, and their sacred honor. Looking at this Declaration now, it is chiefly memorable for the promises it made. Mighty words! Fit utterance for the infant giant then born! Fit device for the great Republic taking its place in the family of kings! Fit lesson for mankind! And now the moment has come when these vows must be fulfilled to the letter. In securing the Equal Rights of the freedman, and his participation in the Government which he is taxed to support, we shall perform the early promises of the Fathers, and at the same time supplementary promises only recently made to the freedman as the condition of alliance and aid against the Rebellion. Failure here is moral and political bankruptcy. It is repudiation of moral and political duties, ending in repudiation of the financial obligations. So are duties to the national freedman linked with obligations to the national creditor, that you cannot repudiate the former without impairing the latter. Whoever disowns any of the promises of the Republic leads the way in repudiation.

But you cannot be thus guilty. Even if indifferent to the vows of the Fathers, necessity, in harmony with the plain injunction of the Constitution, will constrain you. On this there can be no doubt. You must perform these promises; and this brings me to the overruling necessity of the times.

I.

Necessity is a peremptory instructor. It gives the law which no man can disregard. It will not hearken to apology or postponement. With a voice of command it insists that its behests shall be obeyed. And now this very necessity speaks with familiar tones.

Twice already, since Rebel Slavery rose against the Republic, it has spoken, insisting, first, that the slaves should be declared free, and, secondly, that muskets should be put into their hands for the common defence. Yielding to necessity, these two things were done. Reason, humanity, justice were powerless; but necessity was irresistible. And the result testifies how wisely the Republic acted. Without Emancipation, followed by arming the slaves, Rebel Slavery would not have been overcome. With these, victory was easy.

At last the same necessity, which insisted first upon Emancipation and then upon arming the slaves, insists with the same unanswerable force upon admission of the freedman to complete equality before the law, so that there shall be no ban of color in court-room or at the ballot-box, and government shall be fixed on its only rightful foundation, the consent of the governed. Reason, humanity, and justice, all of which are clear for the admission of the freedman, may fail to move you; but you must yield to necessity, now requiring these promises to be performed.

The demand I make stands on necessity. You must grant it, or you will peril the peace of the Republic, and postpone indefinitely the great day of security and reconciliation. Therefore, in the name of that national safety which is the supreme law, I begin my appeal. Whatever is required for the national safety is constitutional. Not only it _may_ be done, but it _must_ be done. Not to do it is to fail in duty. The Republic must be saved.

When I speak of necessity, I mean that overruling compulsion which cannot be disobeyed. In the present case it is compounded of moral duty and the instinct of self-preservation. The moral duty to perform these promises is plain as the Decalogue. The instinct of self-preservation, impelling us to save the Republic, is in harmony with the requirement of moral duty. In denying justice now, you are not only guilty of grievous wrong, but you expose your country to incalculable calamity. The case is too clear for debate.

The irresistible argument for Emancipation was always twofold,--first, its intrinsic justice, and, secondly, its necessity for the safety of the Republic; all of which was expressed by President Lincoln in the closing words of his great Proclamation:--