Part 17

But are we not obliged to deal with many thousand postmasters, and also with many thousand officers in the army? How have we carried this great war along? The Senate has acted always upon all the nominations of the Executive for the national army, beginning with the general and ending with a second lieutenant. Every one comes before the Senate; and what is the consequence? The Executive has a direct responsibility to the Senate with regard to every army appointment. But you are not disposed to renounce that responsibility because it brings into this Chamber many thousand nominations. Of the officers that I would bring into the Chamber, some you may consider as second lieutenants in the civil service, others as first lieutenants, others as captains. And why should we not act upon them?

The Senator says we had better follow the received system. One of the finest sentiments that have fallen from one of the most gifted of our fellow-countrymen is that verse in which he says,--

“New occasions teach new duties.”

We have a new occasion, teaching a new duty. That new occasion is the misconduct of the Executive of the United States; and the new duty is, that Congress should exercise all its powers in throwing a shield over fellow-citizens. The Executive is determined to continue this warfare upon the incumbents of office; shall we not, if possible, protect them? That is our duty growing out of this hour. It may not be our duty next year, or four years from now, as it was not our duty last year, or four years back. But because it may not be our duty next year, and was not our duty last year, it does not follow that it is not our duty now. I would act in the present according to the exigency; and if there is an abuse, as no one will hesitate, I think, to admit, I would meet it carefully, considerately, and bravely.

…

When to-morrow comes, if happily we see a clearer sky, I shall then hearken gladly to the Senator from Maine, and follow him in sustaining the old system; but meanwhile the old system has ceased to be applicable. It does not meet the case. It was good enough when we had a President in harmony with the Senate; but it is not good enough now. We owe it, therefore, to ourselves, and to those looking here for protection, to apply the remedy.

January 17th, after an earnest debate, Mr. Sumner spoke again.

MR. PRESIDENT,--As the proposition on which the Senate is about to vote was brought forward by me, I hope that I may have the indulgence of the Senate for a few minutes. Had I succeeded in catching the eye of the Chair at the proper time, I should, perhaps, have said something in reply to the Senator from Indiana [Mr. HENDRICKS]; but he has already been answered by the Senator from California [Mr. CONNESS]. Besides, the topics which he introduced were political. He did not address himself directly to the proposition itself. I do not say that his remarks were irrelevant, but obviously he seized the occasion to make a political speech. The Senator is an excellent debater; he always speaks to the point as he understands it; and yet his point is apt to be political. Of course he speaks as one having authority with his party, in which he is an acknowledged leader. And now, Sir, you will please to remark, he comes forward as leader for the President of the United States. The Senator from Indiana, an old-school Democrat,--he will not deny the appellation,--presents himself as defender of the President. I congratulate the President upon so able a defender. Before this great controversy is closed, the President will need all the ability, all the experience, all the admirable powers of debate which belong to the distinguished Senator.

As I shall recall the Senate precisely to the question, I begin by asking the Secretary to read the amendment.

The Secretary read the amendment, when Mr. Sumner continued.

Now, Mr. President, I am unwilling to be diverted from that plain proposition into any general discussion of a merely political character. I ask your attention to the simple question on which you are to vote.

Here I meet objections brought against the amendment, so far as I have been able to comprehend them. They have chiefly found voice, unless I am much mistaken, in the Senator from Maine [Mr. FESSENDEN], who is as earnest as he is unquestionably able. The Senator began with a warning, and his beginning gave tone to all he said. He warned us not to forget the lessons of the past; and he warned us also not to fall under the influence of any animosity. When he warned us not to forget the lessons of the past, such was his earnestness that he seemed to me fresh from the study of Confucius. No learned Chinese, anxious that there should be no departure from the ancient ways, and filled with devotion for distant progenitors, could have enjoined that duty more reverently. We were to follow what had been done in the past. Now, Sir, I have a proper deference for the past; I recognize its lessons, and seek to comprehend them; but I am not a Chinese, to be swathed by traditions. I break all bands and wrappers, when the occasion requires. I trust that the Senator will do so likewise. The present occasion is of such a character that his lesson is entirely inapplicable. It is well to regard the past, and study its teachings. It is well also to regard the future, and seek to provide for its necessities. This is plain enough.

Then, Sir, we are not to act under the influence of animosity. Excellent counsel. But, pray, what Senator, on an occasion like this, when we strive to place in the statutes of the country an important landmark, can allow himself to act under such influence? Is the Senator from Maine the only one who can claim this immunity? I am sure he will not make exclusive claim. As he is conscious that he is free from such disturbing influence, so also am I. He is not more free from it than I am. Most sincerely from my heart do I disclaim all animosity. I have nothing of the kind. I see nothing but my duty.

And when I speak of duty, I speak of what I would emphatically call the duty of the hour. I tried the other day, in what passed between myself and the Senator from Maine, briefly to illustrate this idea. I said that we are not to act absolutely with reference to the past, nor absolutely with reference to the future, but we are to act in the present. Each hour has its duties, and this hour has duties such as few other hours in our history have ever presented. Is there any one who can question it? Are we not in the midst of a crisis? Sometimes it is said that we are in the midst of a revolution. Call it, if you will, simply a crisis. It is a critical hour, having its own peculiar responsibilities. Now, if you ask me in what this present duty specially centres, on what it specially pivots, I have an easy reply: it is in protection to the loyal and patriotic citizen, wherever he may be. I repeat it, protection to the loyal and patriotic citizen is the imminent duty of the hour. This duty is so commanding, so engrossing, so absorbing, so peculiar,--let me say, in one word, so sacred,--that to neglect it is like the neglect of everything. It is nothing less than a general abdication.

Such, I say emphatically, is the duty of the hour, in presence of which it is vain for the Senator to cite the experience of other times, when no such duty was urgent. He does not meet the case. What he says is irrelevant. All that was done in the past may have been well done; for it I have no criticism; but at this time it is absolutely inapplicable.

I return, then, to my proposition, that the duty of the hour is protection to the loyal and patriotic citizen. But when I have said this, I have not completed the proposition. You may ask, Protection against whom? I answer plainly, Against the President of the United States. There, Sir, is the duty of the hour. Ponder it well, and do not forget it. There was no such duty on our fathers, there was no such duty on recent predecessors in this Chamber, because there was no President of the United States who had become the enemy of his country.

Here Mr. Sumner was called to order by Mr. McDougall, a Democratic Senator from California, who insisted that no Senator had a right to make use of such words in speaking of the President. Confusion ensued, with various calls to order. There was question as to what Mr. Sumner really said. The presiding officer [Mr. ANTHONY, of Rhode Island] decided that Mr. Sumner was in order, from which decision Mr. McDougall appealed, but finally withdrew his appeal, when Mr. Sumner continued.

When interrupted in the extraordinary manner witnessed by the Senate, I was presenting reasons in favor of the measure on which we are to vote, and I insisted as strongly as I could that the special duty of the hour was protection to loyal and patriotic citizens against the President; I was replying to what fell from the Senator from Maine, who seems, if I may judge from his argument, to feel that there is no occasion for special safeguard, and that the system left by our fathers is enough. In this reply I used language which, according to the short-hand reporter, was as follows: I read from his notes:--

“There, Sir, is the duty of the hour. There was no such duty on our fathers, there was no such duty on our recent predecessors, because there was no President of the United States who had become the enemy of his country.”

These were my words when suddenly interrupted. By those words, Sir, I stand.

MR. DOOLITTLE [of Wisconsin]. I raise a question of order, whether these words are in order, as stated by the Senator.

THE PRESIDING OFFICER. The Chair has already decided a similar point of order. The Chair will submit this question to the Senate.

The Presiding Officer decided that Mr. Sumner was in order. Mr. Doolittle appealed from this decision. Debate ensued on the appeal, when Mr. Lane, of Indiana, moved to lay the appeal upon the table. Amid much confusion, other motions were interposed. At last a vote was reached on the motion of Mr. Lane. The yeas and nays were ordered, and, being taken, resulted,--Yeas 29, Nays 10. So the appeal was laid upon the table. Mr. Sumner, who was in his seat, refrained from voting. The Senate then adjourned.

* * * * *

January 18th, Mr. Sumner, having the floor, continued.

It is only little more than a year ago that I felt it my duty to characterize a message of the President as “whitewashing.”[77] The message represented the condition of things in the Rebel States as fair and promising, when the prevailing evidence was directly the other way. Of course the message was “whitewashing,” and this was a mild term for such a document. But you do not forget how certain Senators, horror-struck at this plainness, leaped forward to vindicate the President. Yesterday some of these same Senators, horror-struck again, leaped forward again in the same task. Time has shown that I was right on the former occasion. If anybody doubts that I was right yesterday, I commend him to time. He will not be obliged to wait long. Meanwhile I shall insist always upon complete freedom of debate, and I shall exercise it. John Milton, in his glorious aspirations, said, “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.”[78] Thank God, now that slave-masters are driven from this Chamber, such is the liberty of an American Senator. Of course there can be no citizen of a republic too high for exposure, as there can be none too low for protection. Exposure of the powerful, and protection of the weak,--these are not only invaluable liberties, but commanding duties.

At last the country is opening its eyes to the actual condition of things. Already it sees that Andrew Johnson, who came to supreme power by a bloody incident, has become the successor of Jefferson Davis in the spirit by which he is ruled and in the mischief he inflicts on his country. It sees the President of the Rebellion revived in the President of the United States. It sees that the violence which took the life of his illustrious predecessor is now by his perverse complicity extending throughout the Rebel States, making all who love the Union its victims, and filling the land with tragedy. It sees that the war upon faithful Unionists is still continued under his powerful auspices, without distinction of color, so that all, both white and black, are sacrificed. It sees that he is the minister of discord, and not the minister of peace. It sees, that, so long as his influence prevails, there is small chance of tranquillity, security, or reconciliation,--that the restoration of prosperity in the Rebel States, so much longed for, must be arrested,--that the business of the whole country must be embarrassed,--and that the conditions so essential to a sound currency must be postponed. All these things the country observes. But indignation assumes the form of judgment, when it is seen also that this incredible, unparalleled, and far-reaching mischief, second only to the Rebellion itself, of which it is a continuation, is created, invigorated, and extended through plain usurpation.

I know that the President sometimes quotes the Constitution, and professes to carry out its behests. But this pretension is of little value. A French historian, whose fame as writer is eclipsed by his greater fame as orator, who has held important posts, and now in advancing years is still eminent in public life, has used words which aptly characterize an attempt like that of the President. I quote from the History of M. Thiers, while describing what is known as the Revolution of the 18th Brumaire.

“When any one wishes to make a revolution, it is always necessary to disguise the illegal as much as possible,--to use the terms of a Constitution in order to destroy it, and the members of a Government in order to overturn it.”[79]

In this spirit the President has acted. He has bent Constitution, laws, and men to his arbitrary will, and has even invoked the Declaration of Independence for the overthrow of those Equal Rights it so grandly proclaims.

In holding up Andrew Johnson to judgment, I do not dwell on his open exposure of himself in a condition of intoxication, while taking the oath of office,--nor do I dwell on the maudlin speeches by which he has degraded the country as it was never degraded before,--nor do I hearken to any reports of pardons sold, or of personal corruption. This is not the case against him, as I deem it my duty to present it. These things are bad, very bad; but they might not, in the opinion of some Senators, justify us on the present occasion. In other words, they might not be a sufficient reason for the amendment which I have moved.

But there is a reason which is ample. The President has usurped the powers of Congress on a colossal scale, and has employed these usurped powers in fomenting the Rebel spirit and kindling anew the dying fires of the Rebellion. Though the head of the Executive, he has rapaciously seized the powers of the Legislative, and made himself a whole Congress, in defiance of a cardinal principle of republican government, that each branch must act for itself, without assuming the powers of the other; and, in the exercise of these illegitimate powers, he has become a terror to the good and a support to the wicked. This is his great and unpardonable offence, for which history must condemn him, if you do not. He is a usurper, through whom infinite wrong is done to his country. He is a usurper, who, promising to be a Moses, has become a Pharaoh. Do you ask for evidence? No witnesses are needed to prove this guilt. It is found in public acts which are beyond question. It is already written in the history of our country. Absorbing to himself all the powers of the National Government, and exclaiming, with the French monarch, that _he alone_ is “the Nation,” he assumes, without color of law, to set up new governments in the Rebel States, and, in the prosecution of this palpable usurpation, places these governments of his own creation in the hands of traitors, to the exclusion of patriot citizens, white and black, who, through his agency, are trampled again under the heel of the Rebellion. Thus a power plainly illegitimate is wielded to establish governments plainly illegitimate, which are nothing but engines of an intolerable oppression, under which peace and union are impossible; and this monstrous usurpation is continued in constant efforts by every means to enforce the recognition of these illegitimate governments, so tyrannical in origin and so baneful in the influence they are permitted to exert. And now, in the maintenance of this usurpation, the President employs the power of removal from office. Some, who would not become the partisans of his tyranny, he has, according to his own language, “kicked out.” Others are spared, but silenced by this menace and the fate of their associates. Wherever any vacancy occurs, whether in the Loyal or the Rebel States, it is filled by the partisans of his usurpation. Other vacancies are created to provide for these partisans. I need not add, that, just in proportion as we sanction such nominations or fail to arrest them, according to the measure of our power, we become parties to his usurpation.

Here I am brought directly to the practical application of this simple statement. I have already said that the duty of the hour is in protection to the loyal and patriotic citizen against the President. This cannot be doubted. The first duty of a Government is protection. The crowning glory of a Republic is, that it leaves no human being, however humble, without protection. Show me a man exposed to wrong, and I show you an occasion for the exercise of all the power that God and the Constitution have given you. It will not do to say that the cases are too numerous, or that the remedy cannot be applied without interfering with a system handed down from our fathers, or, worse still, that you have little sympathy with this suffering. This will not do. You must apply the remedy, or fail in duty. Especially must you apply it, when, as now, this wrong is part of a huge usurpation in the interest of recent Rebellion.

The question, then, recurs, Are you ready to apply the remedy, according to your powers? The necessity for this remedy may be seen in the Rebel States, and also in the Loyal States, for the usurpation is felt in both.

If you look at the Rebel States, you will see everywhere the triumph of Presidential tyranny. There is not a mail which does not bring letters without number supplicating the exercise of all the powers of Congress against the President. There is not a newspaper which does not exhibit evidence that you are already tardy in this work of necessity. There is not a wind from that suffering region which is not freighted with voices of distress. And yet you hesitate.

I shall not be led aside to consider the full remedy, for it is not my habit to travel out of the strict line of debate. Therefore I confine myself to the bill before us, which is applicable alike to Loyal and Rebel States.

This bill has its origin in what I have already called the special duty of the hour, which is protection of loyal and patriotic citizens against the President. I have shown the necessity of this protection. But the brutal language the President employs shows the spirit in which he acts. The Senator from Indiana [Mr. HENDRICKS], whose judgment could not approve this brutality, doubted if the President had used it. Let me settle this question. Here is the “National Intelligencer,” always indulgent to the President. In its number for the 13th of September last it thus reports what the Chief Magistrate said at St. Louis:--

“I believe that one set of men have enjoyed the emoluments of office long enough, and they should let another portion of the people have a chance. [_Cheers._] How are these men to be got out [_A voice, ‘Kick ’em out!’--cheers and laughter_], unless your Executive can put them out,--unless you can reach them through the President? Congress says he shall not turn them out, and they are trying to pass laws to prevent it being done. Well, let me say to you, if you will stand by me in this action [_cheers_],--if you will stand by me in trying to give the people a fair chance,--to have soldiers and citizens to participate in these offices,--God being willing, I will kick them out,--I will kick them out just as fast as I can. [_Great cheering._]”

Such diction as this is without example. Proceeding from the President, it is a declaration of “policy” which you must counteract; and in this duty make a precedent, if need be.

The bill before the Senate, which the Senator from Vermont [Mr. EDMUNDS] has shaped with so much care and now presses so earnestly, arises from this necessity. Had Abraham Lincoln been spared to us, there would have been no occasion for any such measure. It is a bill arising from the exigency of the hour. As such it is to be judged. But it does not meet the whole case. Undertaking to give protection, it gives it to a few only, instead of the many. It provides against the removal of persons whose offices, according to existing law and Constitution, are held by and with the advice and consent of the Senate. Its special object is to vindicate the power of the Senate over the offices committed to it according to existing law and Constitution. Thus vindicating the power of the Senate, it does something indirectly to protect the citizen. In this respect it is beneficent, and I shall be glad to vote for it.

The amendment goes further in the same direction. It provides that all agents and officers appointed by the President or by the head of a Department, with salaries exceeding $1,000, shall be appointed only by and with the advice and consent of the Senate; and it further proceeds to vacate all such appointments made since 1st July last past, so as to arrest the recent process of “kicking out.” The proposition is simple; and I insist that it is necessary, unless you are willing to leave fellow-citizens without protection against tyranny. Really the case is so plain that I do not like to argue it, and yet you will pardon me, if I advert to certain objections which have been made.

We have been told that the number of persons it would bring before the Senate is such that it would clog and embarrass the public business,--in other words, that we have not time to deal with so many cases. This is a strange argument. Because the victims are numerous, therefore we are to fold our hands and let the sacrifice proceed. But I insist that just in proportion to the number is the urgency of your duty. Every victim has a voice; and when these voices count by thousands, you have no right to turn away and say, “They are too numerous for the Senate.” This is my answer to the objection founded on numbers.

But this is not all. You did not shrink, during the war, from the numerous nominations of military officers, counting by thousands; nor did you shrink from the numerous nominations of naval officers, counting by thousands. The power over all these you never relaxed, and I know well you never will relax. You know, that, even if unable to consider carefully every case, yet the power over them enables you to interpose a veto on any improper nomination. The power of the Senate is a warning against tyranny in the Executive. But it is difficult to see any strong reason for this power in the case of the army and navy which is not applicable also to civil officers. This I should say in tranquil times; but there is another reason peculiar to the hour. Even if in tranquil times I were disposed to leave the appointing power as it is, I am not disposed to do so now.