Part 24

Indulge me still further while for a moment I allude to myself. The Republican State Convention has by formal resolution presented me for reëlection to the Senate, so that this question enters into the larger canvass. Meeting my fellow-citizens now, it would not be out of order, I believe, nor should I depart from any of the proprieties of my position, if I proceeded to give you an account of my stewardship during the term of service about to expire. But when I consider that this extends over six busy years, beginning while the Rebellion still raged and continuing through all the anxious period of Reconstruction,--that it embraces nothing less than the Abolition of Slavery, and all the steps by which this transcendent measure was promoted and consummated, also the various efforts for the establishment of Equal Rights, especially in the court-room and at the ballot-box, thus helping the fulfilment of the promises originally made in the Declaration of Independence,--that it embraces, besides, all the infinite questions of taxation, finance, railroads, business and foreign relations, including many important treaties, among which was that for the acquisition of the Russian possessions in North America,--and considering, further, how these transactions belong to the history of our country, where they are already read, I content myself with remarking that in all of them I have borne a part, I trust not unworthy of the honored Commonwealth whose representative I am; and here I invite your scrutiny and candid judgment.

Possibly some of the frequent criticism to which I have been exposed is already dulled by time or answered by events. A venerable statesman, eminent in the profession, once rebuked me for the term _Equality before the Law_, which I had taken from the French, as expressing more precisely than the Declaration of Independence that equality in rights which is all that constitutions or laws can secure. My learned critic had never met this term in the Common Law, or in the English language, and therefore he did not like the innovation. In the same spirit other efforts have been encountered, often with virulence, especially those two fundamentals of Reconstruction,--first, the power of Congress over the Rebel States, whether as territories, or provinces, or as States having no republican government, or, according to the language of President Lincoln, “out of their proper practical relation with the Union,”[265] and, secondly, the necessity of lifting the freedman into Equal Rights, civil and political, so as to make him a part of the body politic. Who can forget the clamor at these two propositions? All this has happily ceased, except as an echo from Rebels and their allies, whose leading part is a protest against the power of Congress and the equal rights of the freedman.

* * * * *

Though formal criticism has tardily died out, there is sometimes a warning against men of “one idea,” with a finger-point at myself. Here I meet my accuser face to face. What duty have I failed to perform? Let it be specified. What interest have I neglected? Has it been finance? The “Globe” will show my earnest and elaborate effort at the beginning of the war, warning against an inconvertible currency, and a similar effort made recently to secure the return to specie payments. Has it been taxation, or commerce, or railroads, or business in any of its forms, or foreign relations, with which, as Chairman of the Senate Committee on this subject, I have been particularly connected? On all of these I refer to the record. What, then, have I neglected? It is true, that, while bearing these things in mind and neglecting none, I felt it a supreme duty to warn my country against the perils from Slavery, and to insist upon irreversible guaranties for the security of all, especially those freedmen whom we could not consent to sacrifice without the most shameful ingratitude. As the urgency was great, I also was urgent. In season and out of season, at all times, in all places, here at home and in the Senate, I insisted upon the abolition of Slavery, and the completion of this great work by the removal of its whole brood of inequalities, so that it should not reappear in another form. But my earnestness and constancy only imperfectly represented the cause. There could be no excess,--nothing too strong. The Republic was menaced; where was the limit to patriotic duty? Human Rights were in jeopardy; who that had a heart to feel could be indifferent? Nobody could do too much. This was not possible. No wisdom too great, no voice too eloquent, no courage too persevering. Of course, I claim no merit for effort in this behalf; but I appeal to you, my fellow-citizens, that the time for reproach on this account is past. We must be “practical,” says the critic. Very well. Here we agree. But, pray, who has been “practical”? Is it those laggards, who, after clinging to Slavery, then denied the power of Congress, and next scouted the equal rights of the freedman? Permit me to say that the “practical” statesman foresees the future and provides for it.

Whoever does anything with his whole heart makes it for the time his “one idea.” Every discoverer, every inventor, every poet, every artist, every orator, every general, every statesman, is absorbed in his work; and he succeeds just in proportion as for the time it becomes his “one idea.” The occasion must not be unworthy or petty; but the more complete the self-dedication, the more effective is the result. I know no better instance of “one idea” pursued to a triumphant end than when our candidate, after planning his campaign, announced that he meant “to fight it out on this line, if it took all summer.” Here was no occasion for reproach, except from Rebels, who would have been glad to see him fail in that singleness of idea which gave him the victory. There are other places where the same singleness is needed and the idea is not less lofty. The Senate Chamber has its battles also; and the conflict embraces the whole country. Personally, I have nothing to regret, except my own inadequacy. I would have done more, if I could. Call it “one idea.” That idea is nothing less than country, with all that is contained in that inspiring word, and with the infinite vista of the same blessings for all mankind.

* * * * *

From these allusions, suggested by my own personal relations, I come directly to the issues of this canvass. Others have presented them so fully that there is less need of any minute exposition on my part, even if the heralds of triumph did not announce the certain result. But you will bear with me while I state briefly what is to be decided. This may be seen in general or in detail.

Speaking generally, you are to decide on the means for the final suppression of the Rebellion, and the establishment of security for the future. Shall the Rebellion which you have subdued on the bloody field be permitted to assert its power again, or shall it be trampled out, so that its infamous pretensions shall disappear forever? These general questions involve the whole issue. If you sympathize with the Rebellion, or decline to take security against its recurrence, then vote for Seymour and Blair. I need not add, that, if you are in earnest against the Rebellion, and seek just safeguards for the Republic, then vote for Grant and Colfax. The case is too plain for argument.

It may be put more precisely still: _Shall the men who saved the Republic continue to rule it, or shall it be handed over to Rebels and their allies?_ Such is the simple issue, stripped of all hypocritical guise; for here, as in other days, the real question is concealed by the enemy. The plausible terms of Law and Constitution, with even the pretence of generosity, now employed to rehabilitate the Rebellion, are unmasked by the witty touch of “Hudibras,” whose words are as pointed now as under Charles the Second:--

“What’s liberty of conscience, I’ th’ natural and genuine sense? ’Tis to restore, with more security, Rebellion to its ancient purity.”[266]

On the one side are loyal multitudes, and the generous freedmen who bared themselves to danger as our allies, with Grant still at their head; and on the other are Rebels, under the name of the Democratic Party, all dripping with blood from innumerable fields of slaughter where loyal men gasped away life,--from Fort Pillow, from Andersonville, from pirate decks,--hurrying, with Seymour at their head, to govern the Republic in the name of the Lost Cause. Not so fast, ye men of blood! Stand back! They who encountered you before will encounter you again.

I would not make this statement too strong. I wish to keep within bounds. But the facts are too patent to admit of doubt. Yes, it is the old Democracy, which, after giving to the Rebellion its denationalizing pretension of State Rights, and all its wicked leaders, from Davis to Forrest and Semmes,--after thwarting every measure for its suppression as “unconstitutional,” from the Proclamation of Emancipation to the firing of a gun or the condemnation of Vallandigham,--after interfering with enlistments also as “unconstitutional,”--after provoking sympathetic riots,--after holding up “blue lights” for the guidance of the enemy,--after hanging upon the country like a paralysis,--and after, finally, under the lead of Seymour, declaring the war a “failure,”--this same Democracy, still under the lead of Seymour, champions the Lost Cause. Under the pretence of restoring Rebels to rights, it seeks to restore them to power; and this is the very question on which you are to vote. The Tories at the end of the Revolution were more moderate. They did not insist upon instant restoration to rights forfeited by treason; nor did they bring forward a candidate against Washington. This is reserved for the Tories of our day.

* * * * *

All this is general. Descending to details, we find that the issue now presented reappears in other questions. Of these none is more important than that of the Reconstruction Acts, which have been openly assailed as “unconstitutional, revolutionary, and void.”[267] In nothing more than in this declaration, associated with the letter of its candidate, do we behold the audacity of the Rebel Party. Even while professing allegiance and asking your vote, they proclaim war in a new form. Instead of _Secession_ maintained by arms, it is now _Nullification_ maintained by arms. In no other way can we interpret the party platform, and the programme of Mr. Blair, when, with customary frankness, he calls upon the President “to declare these Acts null and void, compel the army to undo its usurpations at the South, and disperse the carpet-bag State governments.”[268] Here is Nullification with a vengeance,--that very Nullification which, in a much milder type, made Andrew Jackson threaten to hang its authors high as Haman. Secession is declared to be settled by the war; but Nullification is openly recognized. What is the difference between the two? The answer is plain. Secession is war out of the Union; Nullification is war in the Union. And this is the open menace of the Rebel Party.

* * * * *

The Reconstruction Acts err from what they fail to do rather than from what they do. They do too little rather than too much. They should have secured a piece of land to the landless freedman, whose unrewarded toil has mingled for generations in the soil; and they should have secured a system of common schools open to all. In these demands, as in every other measure of Reconstruction, I would do nothing in severity or triumph, nothing to punish or humble. Nor is it only in justice to the freedman, who has a bill against his former master for unpaid wages, and also against the country for an infinite debt, but it is for the good of all constituting the community, including the former master. Nothing can be truer than that under such influences society will be improved, character will be elevated, and the general resources will be enlarged. Only in this way will the Barbarism of Slavery be banished, and a true civilization organized in its place. Our simple object is expressed in the words of Holy Writ: “Let us build these cities, and make about them walls and towers, gates and bars, while the land is yet before us.”[269] By contributing to this work, by laboring for its accomplishment, by sending it our God-speed, we perform a service at once of the highest charity and the highest patriotism, which hereafter the children of the South, emancipated from error, will rejoice to recognize. With Human Rights under a permanent safeguard, there can be no limit to prosperity. As under this sunshine the land yields its increase and the gardens bloom with beauty, while commerce and manufactures enjoy a new life, they will confess that we did well for them, and will hail with pride the increased glory of the Republic. If, as in ancient Rome, we demanded the heads of senators and orators,--if, as in England, we took the life and estate of all traitors,--if, as in Germany, we fatigued the sword with slaughter, and cried “havoc,”--if, as in France, we set up guillotines, and worked them until the blood stood in puddles beneath,--if, as in all these historic countries, we acted in pitiless vengeance,--if in anything we have done or attempted there was one deed of vengeance,--then we, too, might deserve a chastening censure. But all that we have done, next after the safety of the Republic, is for the good of those who were our enemies, and who despitefully used us. Never before was clemency so sublime; never before was a rebel people surrounded by beneficence so comprehensive. Great as was the Republic in arms, it is greater still in the majesty of its charity.

So far as the Reconstruction Acts have been assailed, I am ready to defend them against all comers. And I repel at the outset every charge or suggestion of harshness. They are not harsh, unless it is harsh to give every man his due. If they are harsh, then is beneficence harsh, then is charity harsh. It is only by outraging every principle of justice, stifling every sympathy with Human Rights, and discarding common sense, and, still further, by forgetting all the sacred obligations of country, that we can submit to see political power in the hands of Rebels. No judgment is too terrible for us, if we consent to the sacrifice. For the sake of the freedman, for the sake of his former master, for the sake of all, and for the sake of the Republic, this must not be. Therefore were the Reconstruction Acts adopted by immense majorities in both Houses of Congress as the guaranty of peace. The aspiration of our candidate was in every line and word, “Let us have peace.”

* * * * *

Two questions are presented by the enemies of these Acts: first, on the Power of Congress; and, secondly, on the Equal Rights of the Freedman.

* * * * *

Too often have I asserted the plenary power of Congress with arguments that have never been answered, to feel it necessary now to occupy time on this head. The case may be proved in so many ways that it is difficult to know which to select. Whether the power is derived from the necessity of the case, because the Rebel States were without governments, which is the reason assigned by Chief Justice Marshall for the jurisdiction of Congress over the Territories,--or from the universal rights of war, following the subjection of belligerents on land,--or from the obligation of the United States to guaranty a republican government to each State,--or from the Constitutional Amendment abolishing Slavery, with its supplementary clause conferring upon Congress power to enforce this abolition,--whether the power is derived from one or all of these bountiful sources, it is clear that it exists. As well say that the power over the Territories, the war power, the guaranty power, and the power to enforce the abolition of Slavery, do not exist; as well say that the Constitution itself does not exist.

If any confirmation of this irresistible conclusion were needed, it might be found in the practical admissions of Andrew Johnson, who, while perversely usurping the power of Reconstruction, did it in the name of the Nation. In the prosecution of this usurpation, he summoned conventions of delegates made eligible by his proclamation, and chosen by electors invested by him with the right of suffrage; and through these conventions, to which he gave the law by telegraphic wire, he assumed to institute local governments. Thus has Andrew Johnson testified to the power of the Nation over Reconstruction, while, with an absurdity of pretension which history will condemn even more than any contemporary judgment, he assumed that he was the Nation. His usurpation has been overthrown, but his testimony to the power of the Nation remains. When the Nation speaks, it is by Congress,--as the Roman Republic spoke by its Senate and people, _Senatus Populusque Romanus_, in whose name went forth those great decrees which ruled the world.

In considering the constitutionality of the Reconstruction Acts, there is a distinction, recognized by repeated judgments of the Supreme Court, which has not been sufficiently regarded, even by our friends. The Rebel Party, especially in their platform at New York, forget it entirely. They tell us that the Reconstruction Acts are “unconstitutional, revolutionary, and void,” and Wade Hampton boasts that he prompted this declaration. I have already exhibited the power of Congress in four different sources; but beyond these is the principle, _that Congress, in the exercise of political powers, cannot be questioned_. So says the Supreme Court. Thus it has been decided, in general terms, “that the action of _the political branches_ of the Government in a matter that belongs to them is conclusive.”[270] And in the famous case of _Luther_ v. _Borden_, it is announced, that, where the National Government interferes with the domestic concerns of a State, “the Constitution of the United States, as far as it has provided for an emergency of this kind, _has treated the subject as political in its nature, and placed the power in the hands of that department_”; and it is further added, that “its decision is binding on every other department of Government, and could not be questioned in a judicial tribunal.”[271] In the face of these peremptory words, it is difficult to see what headway can be made in contesting the validity of the Reconstruction Acts, except by arms. If ever a question was political, it is this. It is political in every aspect, whether regarded as springing from the necessity of the case, from the rights of war, from the obligation to guaranty a republican government, or from the power to enforce the abolition of Slavery. Never before was any question presented so completely political. Reconstruction is as political as the war, or as any of the means for its conduct. It is political from beginning to end. It is nothing, if not political. Therefore, by unassailable precedents under the Constitution, are these Acts fixed and secured so that no court can touch them,--nothing but the war which Mr. Blair has menaced.

* * * * *

The Equal Rights conferred upon the freedman are all placed under this safeguard. Congress has done this great act of justice, and, thank God, it cannot be undone. It has already taken its place in the immortal covenants of history, and become a part of the harmonies of the universe. As well attempt to undo the Declaration of Independence, or suspend the law of gravitation. This cannot be. The bloody horrors of San Domingo, where France undertook to cancel Emancipation, testify with a voice of wail that a race once lifted from Slavery cannot be again degraded. Human Rights, when at last obtained, cannot be wrested back without a conflict in which God will rage against the oppressor.

But I do not content myself with showing the essential stability of this measure of Reconstruction. I defend it in all respects,--not only as an act of essential justice, without which our Nation would be a deformity, but as an irresistible necessity, for the sake of that security without which peace is impossible. It is enough that justice commanded it; but the public exigency left no opportunity for any fine-spun system, with educational or pecuniary conditions, even if this were consistent with the fundamental principle that “all just government stands only on the consent of the governed.” As the strong arms of this despised race had been needed for the safety of the Republic, so were their votes needed now. The cause was the same. Without them loyal governments would fail. They could not be organized. To enfranchise those only who could read and write or pay a certain tax was not enough. They were too few. All the loyal are needed at the ballot-box to counterbalance the disloyal.

* * * * *

It was at this time, and under this pressure, that conditions, educational or pecuniary, were seen to be inadmissible; and many, considering the question in the light of principle, were led to ask, if, under any circumstances, such conditions are just. Surely an unlettered Unionist is better than a Rebel, however learned or wise, and on all practical questions will vote more nearly right. If there is to be exclusion, let it be of the disloyal, and not of the loyal. Nobody can place the value of education too high; but is it just to make it the prerequisite to any right of citizenship? There are many, whose only school has been the rough world, in whom character is developed to a rare degree. There are freedmen unable to read or write who are excellent in all respects. If willing to reject such persons as allies, can you justly exclude them from participation in the Government? Can you justly exclude any good citizen from such participation?

It is recorded of the English statesman, Charles James Fox, that, after voting at a contested election, and finding his coachman, who had driven him to the polls, voting the other way, he protested pleasantly that the coachman should have told him in advance how he was to vote, that the two might have paired off and stayed at home. Here is Fox at the polls neutralized by his coachman. A similar incident is told of Judge Story, here in Cambridge. Both stories have been used to discredit suffrage by the people. They have not this effect on my mind. On the contrary, I find in them a beautiful illustration of that Equality before the Law which is the promise of republican institutions. At the ballot-box the humblest citizen is the equal of the great statesman or the great judge. If this seems unreasonable, it must not be forgotten that the eminent citizen exercises an influence which is not confined to his vote. It extends with his fame or position, so that, though he has only a single vote, there are many, perhaps multitudes, swayed by his example. This is the sufficient compensation for talent and education exerted for the public weal, without denying to anybody his vote. The common man may counterbalance the vote of the great statesman or great judge, but he cannot counterbalance this influence. The common man has nothing but his vote. Who would rob him of this?

* * * * *

Thus far I have shown the Reconstruction Acts to be constitutional, natural, and valid, in contradiction to the Rebel platform, asserting them to be “unconstitutional, revolutionary, and void.” But these Acts may be seen in other aspects. I have shown what they accomplish. See now what they prevent; and here is another series of questions, every one of which is an issue on which you are to vote.

* * * * *