Part 4

The office of President _pro tempore_ among us grows out of the anomalous relations of the Vice-President to the Senate. There is no such officer in the other House, nor was there in the House of Commons until very recently, when we read of a “Deputy Speaker,” which is the term by which he is addressed, when in the chair. No ordinary talent can guide and control a legislative assembly, especially if numerous or excited by party differences. A good presiding officer is like Alexander mounted on Bucephalus. The assembly knows its master, “as the horse its rider.” This was preëminently the case with Mr. Foot, who was often in the chair, and for a considerable period our President _pro tempore_. Here he showed special adaptation and power. He was in person “every inch” a President; so also was he in every sound of the voice. He carried into the chair the most marked individuality that has been seen there during this generation. He was unlike any other presiding officer. “None but himself could be his parallel.” His presence was felt instantly. It filled this Chamber from floor to gallery. It attached itself to everything done. Vigor and despatch prevailed. Questions were stated so as to challenge attention. Impartial justice was manifest at once. Business in every form was handled with equal ease. Order was enforced with no timorous authority. If disturbance came from the gallery, how promptly he launched the fulmination! If it came from the floor, you have often seen him throw himself back, and then with voice of lordship, as if all the Senate were in him, insist that debate should be suspended until order was restored. “The Senate must come to order!” he exclaimed; and, like the god Thor, beat with hammer in unison with voice, until the reverberations rattled like thunder in the mountains.

The late Duc de Morny, who was the accomplished President of the Legislative Assembly of France, in a sitting shortly before his death, after sounding his crier’s bell, which is the substitute for the hammer among us, exclaimed from the chair: “I shall be obliged to mention by name the members whom I find conversing. I declare to you that I shall do so, and I shall have it put in the ‘Moniteur.’ You are here to discuss and to listen, not to converse. I promise you that I will do what I say to the very first I catch talking.” Our President might have found occasion for a similar speech, but his energy in the enforcement of order stopped short of this menace. Certainly he did everything consistent with the temper of the Senate, and he showed always what Sir William Scott, on one occasion, in the House of Commons, placed among the essential qualities of a Speaker, when he said that “to a jealous affection for the privileges of the House” must be added “an awful sense of its duties.”[25]

Accustomed as we have become to the rules which govern legislative proceedings, we are hardly aware of their importance in the development of liberal institutions. Unknown in antiquity, they were unknown also on the European continent until latterly introduced from England, which was their original home. They are among the precious contributions which England has made to modern civilization; and yet they did not assume at once their present perfect form. Mr. Hallam tells us that even as late as Queen Elizabeth “the members called confusedly for the business they wished to have brought forward.”[26] But now, at last, these rules have become a beautiful machine, by which business is conducted, legislation moulded, and debate in all possible freedom secured. From the presentation of a petition or the introduction of a bill, all proceeds by fixed processes, until, without disorder, the final result is reached and a new law takes its place in the statute-book. Hoe’s printing-press or Alden’s type-setter is not more exact in operation. But the rules are more even than a beautiful machine; they are the very temple of Constitutional Liberty. In this temple our departed friend served to the end with pious care. His associates, as they recall his stately form, silvered by time, but beaming with goodness, will not cease to cherish the memory of such service. His image will rise before them as the faithful presiding officer, by whom the dignity of the Senate was maintained, its business advanced, and Parliamentary Law upheld.

He had always looked with delight upon this Capitol,--one of the most remarkable edifices of the world,--beautiful in itself, but more beautiful still as the emblem of that national unity he loved so well. He enjoyed its enlargement and improvement. He watched with pride its marble columns moving into place, and its dome as it ascended to the skies. Even the trials of the war did not make him forget it. His care secured those appropriations by which the work was forwarded to its close, and the statue of Liberty installed on its sublime pedestal. It was natural that in his last moments, as life was failing fast, he should long to rest his eyes upon an object that was to him so dear. The early light of morning had come, and he was lifted in bed that with mortal sight he might once more behold this Capitol; but another Capitol already began to fill his vision, fairer than your marble columns, sublimer than your dome, where Liberty without any statue is glorified in that service which is perfect Freedom.

COMPLETE EQUALITY IN RIGHTS, AND NOT SEMI-EQUALITY.

LETTER TO A COMMITTEE ON THE CELEBRATION OF EMANCIPATION IN THE DISTRICT OF COLUMBIA, APRIL 14, 1866.

SENATE CHAMBER, April 14, 1866.

DEAR SIR,--It will not be in my power to celebrate with you Emancipation in the District, but I rejoice that the beautiful anniversary is to be commemorated.

Looking back upon the day when that Act became a law by the signature of Abraham Lincoln, I feel how grandly it has been vindicated by the result. The sinister forebodings of your enemies are all falsified. We were told that you could not bear freedom,--that you would be lawless, idle, and thriftless. I knew the contrary; and is it not as I foretold? Who so mad as to wish back the old system of wrong?

But the work is only _half done_. The freedman, despoiled of the elective franchise, is only _half a man_. He must be made _a whole man_; and this can be only by investing him with all the rights of an American citizen. Here, too, we encounter the same sinister forebodings that stood in the way of Emancipation. We are told that you cannot bear enfranchisement, and that you will not know how to vote. I know the contrary; and I am satisfied, further, that there can be no true repose in this country until all its people are admitted to that full equality before the law which is the essential principle of republican government. It were not enough to assure equality in what are called civil rights. This is only _semi-equality_. The equality must be complete. This I ask, not only for your sake, but also for the sake of my country, imperilled by such a denial of justice.

Accept my best wishes, and believe me, dear Sir, faithfully yours,

CHARLES SUMNER.

DANIEL G. MUSE, ESQ.

JUSTICE TO MECHANICS IN THE WAR.

SPEECH IN THE SENATE, ON A BILL FOR THE RELIEF OF CERTAIN CONTRACTORS, APRIL 17, 1866.

The Senate having under consideration a bill for the relief of certain contractors for the construction of vessels of war and steam machinery, Mr. Sumner said:--

MR. PRESIDENT,--I am happy to agree with the Senator from Kentucky [Mr. GUTHRIE] in the fundamental principle he has laid down and developed so clearly. I agree with him, that by no legislation of ours can we recognize the principle that contractors with the Government may never lose. The Senator cannot state the proposition too strongly. But I part company with him, when he undertakes to apply it to the present case. We agree on the proposition; we disagree on the application.

Had these contracts covered a period of peace, there would have been occasion for the rule of the Senator. But they were not in a period of peace; they were in a period of war. And the Senator himself has characterized the war as perhaps the greatest in history. If not made in a time of war, they were all the harder performed in those early days which were heralds of war. The practical question for us as legislators is, whether we can shut our eyes to that condition of things. The times were exceptional; and so must the remedy be also.

I have said, had it been a season of peace, then the Senator would be right, and we should not be justified in seeking exceptionally to open the Treasury for the relief of these contractors. But, Sir, war is a mighty disturber. What force in human society, what force in business, more disturbing? Wherever it goes, it not only carries death and destruction, but derangement of business, change of pursuits, interference with the currency, and generally dislocation of the common relations of life. You cannot be blind to such a condition of things. You must not shut your eyes to its consequences, if you would do justice now.

I repeat, therefore, did these contracts grow out of a period of peace, I should not now advocate them; but it is because they grow out of a period of war, that I ask for those who have suffered by them the same justice we accord to all who have contributed to our success in that terrible war. Why, Sir, how often do we appeal in this Chamber for justice to all who have helped the great result! It is my duty constantly to plead here for justice to those freedmen who have done so much and placed you under ceaseless obligations. I hope I am not indifferent also to those national creditors who supplied the means which advanced our triumph,--nor yet again to those soldiers, whether on land or sea, who have so powerfully served the national cause. But there is still another class, for whom no one has yet spoken on this floor, who have contributed to our success not less than soldier or creditor,--I was almost ready to say, not less than the freedman: I mean the mechanics of the country. They, Sir, have helped you carry this war to its victorious close. Without the mechanics, where would you have been? what would have been your equipments on the land? where would have been that marvellous navy on the sea? It was the skilled labor of the country, rushing so promptly to the rescue, that gave you the power which carried you on from victory to victory.

Now, Sir, the practical question is, whether these mechanics, who have done so much to turn the tide of battle, shall be losers by the skill, the labor, and the time they devoted to your triumph. Tell me not, Sir, that they acted according to contract. To that I reply, The war disturbed the contract, and it is your duty here, sitting as a high court of equity, to review all the circumstances of the case, and see in what way the remedy may be fitly applied. You cannot turn away from the equities, treating it literally and severely according to the precise terms of the contract. You must go into those vital considerations arising out of the peculiar circumstances.

Several facts are obvious to all: a Senator on the other side of the Chamber has alluded to them. In the first place, there was the general increase in the price of labor and material that ensued after these contracts were made. Nobody doubts this. There was then a change in the currency. There were, also,--what have been alluded to several times,--changes in the models of these vessels at the Navy Department, necessarily imposing upon these contractors additional expense and labor. There was another circumstance, to which my attention has been directed latterly,--I believe, however, the Senator from Iowa [Mr. GRIMES] alluded to it yesterday,--that at the moment of the war, when labor was highest, when it was most difficult to obtain it, there came an order from the proper authorities exempting those who labored in the arsenals and public yards of the United States from enrolment. Of course, all then in private yards or with contractors, so far as they could, hurried under the national flag, that they might become workmen there, and thus obtain the coveted exemption from enrolment.

…

This order illustrates very plainly the disturbing influence from the war; and this brings me again to press this point upon your attention. I mention certain particulars in which this appeared; but I would bring home the controlling consideration that we were in a time of war, vast in proportions and most disturbing in its influence. This alone is enough to account for the failure of these contractors. We were not in a period of peace, and you err, if you undertake to hold these contractors to all the austere responsibilities proper in a period of peace.

The Senator from Kentucky said that they took the war into their calculations. Perhaps they did; but who among these contractors could take that war adequately into his calculations? Who among those sitting here or at the other end of the avenue properly appreciated the character of the great contest coming on? Sir, we had passed half a century in peace; we knew nothing of war, or of war preparations, when all at once we were called to efforts on a gigantic scale. Are you astonished that these contractors did not know more about the war than your statesmen? Be to these contractors as gentle in judgment and as considerate as you are to others in public life who have erred in calculations with regard to it.

I have said that the interest now in question was the great mechanical interest of the country. It is an interest that is not local, as the bill is for the benefit of mechanics in all parts of the loyal States, from Maryland, in the South, to Massachusetts and Maine, in the North and East, and then stretching from New York, on the seaboard, to Missouri, beyond the Mississippi. I have a list of the States concerned, through different contractors, in this very bill,--Maine, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Ohio, Illinois, Missouri, and even California. The interest for which I am speaking crosses the mountains and reaches to the Pacific Ocean.

I said that this was the skilled labor of the country. What labor more valuable? what service, while the war was proceeding, more important? If these mechanics did not expose their persons in the peril of battle, they gave their skill to prepare others for victory. In ancient times, the oracle said to the city in danger, “Look to your wooden walls.” The oracle in our country said, “Look to your ironclads and your double-enders”; and these mechanics came forward and by ingenious labor enabled you to put ironclads and double-enders on the ocean, and thus secure the final triumph. The building of that invulnerable navy was one of the great triumphs of the war, to be commemorated on many a special field, and to be seen in the mighty results we now enjoy.

And yet again I ask, Are you ready to see contractors, who have done this service, sacrificed? You do not allow the soldier to be sacrificed, nor the national creditor who has taken your stock. Will you allow the mechanic? There are many who, without your help, must suffer. One of the most enterprising and faithful in the whole country is a constituent of my own, who, during the last year, has been hurried into bankruptcy from inability to meet liabilities growing out of the war, and at this moment he finds no chance of relief except in what a just Government may return to him. My friend on my right [Mr. NYE, of Nevada] asked you to be magnanimous to these contractors. I do not put it in that way. I ask you simply to be upright. Do by them as you would be done by.

The Senator from Nevada also very fitly reminded you of the experience of other countries. He told you that England, at the close of the Crimean War, when her mechanics had suffered precisely as yours, did not allow them to be sacrificed, but every pound, every shilling, of liability under their contracts was promptly met by that Government. Will you be less just to mechanics than England? It is an old saying, that republics are ungrateful. I hope that this republic will vie with any monarchy in gratitude to those who have served it. You have shown energy in meeting your enemies. I ask you to show a commensurate energy in doing justice to those who have contributed to your success.

…

This bill, after much debate, passed the Senate. It did not pass the House.

POWER OF CONGRESS TO COUNTERACT THE CATTLE-PLAGUE.

REMARKS IN THE SENATE, ON A RESOLUTION TO PRINT A LETTER OF THE COMMISSIONER OF AGRICULTURE ON THE CATTLE-PLAGUE, APRIL 25, 1866.

Mr. Sherman of Ohio, reported the following resolution from the Committee on Agriculture:--

“_Resolved_, That there be printed, for the use of the Senate, ten thousand copies of a letter of the Commissioner of Agriculture, communicating information in relation to the rinderpest or cattle-plague.”

In considering the resolution, he remarked that the Committee “would like very much to report some measure of a practical character, to counteract, if possible, the cattle-plague now prevailing in Europe; but we did not see that Congress had authority to pass an effective measure.” Mr. Sumner followed:--

I was sorry to hear two remarks of the Senator from Ohio. The first told that the cattle-plague is coming. I hope that by proper precautions it may be averted. I do trust it may never come. I will not despair that the Atlantic Ocean may be a barrier. I was sorry also for the other remark, that in his opinion Congress could not apply any efficient remedy. I make no issue on this conclusion; but I was sorry that the Senator having the question in charge had arrived at that result. It does seem to me, that, under the National Government, Congress should be able to apply a remedy in such a case. Is not the National Government defective to a certain extent, if Congress has not that power? I open the question interrogatively now, without undertaking to express an opinion upon it.

I agree with the Senator, that it is of great importance that our people should be put on their guard; he, therefore, is right in proposing to circulate all information on the subject. But I do hope that the Senator will consider carefully whether it be not within the power of Congress, in some way or other, directly or indirectly, to apply an efficient remedy.

URGENT DUTY OF THE HOUR.

LETTER TO THE AMERICAN ANTISLAVERY SOCIETY, MAY 1, 1866.

SENATE CHAMBER, May 1, 1866.

DEAR SIR,--It will not be in my power to take part at the approaching anniversary of the Antislavery Society. My duty keeps me here.

I trust that the Society, which has done so much for human rights, will persevere until these rights are established throughout the country on the impregnable foundation of the Declaration of Independence. This is not the time for relaxation of the old energies. Slavery is abolished only in name. The Slave Oligarchy still lives, and insists upon ruling its former victims.

Believing, as I do, that the National Government owes protection to the freedmen, so that they shall not suffer in rights, I insist on its plenary power over this great question, and that it may do anything needful to assure these rights. In this conviction I shall not hesitate at all times to invoke its intervention, whether to establish what are called civil rights, or that pivotal right of all, the right to elect the government which they support by taxes and by arms.

Accept my best wishes, and believe me, dear Sir, faithfully yours,

CHARLES SUMNER.

THE PRESIDENT OF THE AMERICAN ANTISLAVERY SOCIETY.

TIME AND RECONSTRUCTION.

REMARKS IN THE SENATE, ON A RESOLUTION TO HASTEN RECONSTRUCTION, MAY 2, 1866.

Mr. Dixon, of Connecticut, gave notice of his intention to offer, as a substitute for the bills and resolution reported by the Joint Committee on Reconstruction, the following:--

“That the interests of peace and the interests of the Union require the admission of every State to its share in public legislation, whenever it presents itself, not only in an attitude of loyalty and harmony, but in the persons of representatives whose loyalty cannot be questioned under any constitutional or legal test.”

In the debate on printing this resolution, Mr. Sumner said:--

I was about to say that the proposition involved in the resolution of the Senator from Connecticut is so important that it may be considered as always in order to discuss it. I do not know that we ought to pass a day without in some way considering it. I certainly do not deprecate this debate; but while so saying, I am very positive on another point. I should deprecate any effort now to precipitate decision on the question; and I most sincerely hope that the Senator from Maine [Mr. FESSENDEN], the Chairman of the Committee on Reconstruction, who has this matter in charge, will bear that in mind. I do not believe that Congress at this moment is in a condition to give the country the best measure on this important subject. I am afraid that excellent Committee has listened too much to voices from without, insisting that there must be a political issue presented to the country. I have always thought such call premature. There is no occasion now for an issue. There are no elections in any States. The election in Connecticut is over; the election in New Hampshire is over. There are to be no elections before next autumn. What occasion, then, for an issue? I see none, unless Congress, after most careful and mature consideration of the whole subject, is able to present a plan on which we can all honestly unite and as one phalanx move forward to victory.

I shall not be drawn into premature discussion of the scheme presented by the report of the Committee on Reconstruction. I speak now to the question of time only. I am sure that report could not have been made in the last week of March. I am equally sure, that, if it had been postponed until the last week of May, they would have made a better one than they made in the last week of April. I hope, therefore, that the decision of this question will be postponed as long as possible, in order that all just influences may come to Congress from the country, and that Congress itself may be inspired by the fullest and amplest consideration of the whole question.

There is the evidence before this Committee,--we have not yet seen it together. That evidence ought to be together; it ought to be before the whole country; and we should have returning to us from the country the just influence which its circulation is calculated to produce. I am sure, that, wherever that evidence is read, the people will say, Congress is justified in insisting upon security for the future. For that purpose I presume the evidence was taken; and I hope Congress will not act until the natural and legitimate influences from the evidence are felt in their counsels.

Allow me to say, by way of comment on the proposition of the Senator from Connecticut, that it seems to me my excellent friend, in bringing it forward, forgot two things.

MR. DIXON. Probably more than that.