Part 5

It is vain to say that these requirements are not expressly set down in the National Constitution. By a law existing before this title-deed, they belong to the essential conditions of national life. If not positively nominated in the Constitution, they are there in substance; and this is enough. Every word, from “We, the people,” to the signature, “George Washington,” is instinct with national life, and there is not a single expression taking from the National Government any inherent power. From this “nothing” in the Constitution there can come nothing adverse. But there has always been a positive injunction on the nation to guaranty “a republican form of government” to all the States; and who can doubt, that, in the execution of this guaranty, the nation may exercise all these powers, and provide especially for the protection of the citizen in all the rights of citizenship? There are also recent Amendments, abolishing slavery, and expressly securing “the privileges and immunities of citizens” against the pretensions of States. Then there is the Declaration of Independence itself, which is the earlier title-deed. By that sacred instrument we were declared “one people,” with liberty and equality for all, and then, fixing forever the rights of citizenship, it was announced that all just government was derived only from “the consent of the governed.” Come weal or woe, that great Declaration must stand forever. Other things may fail, but this cannot fail. It is immortal as the nation itself. It is part of the nation, and the part most worthy of immortality. By it the National Constitution must be interpreted; or rather, the two together are the Constitution,--as Magna Charta and the Bill of Rights together are the British Constitution. By the Declaration our nation was born and its vital principles were announced; by the Constitution the nation was born again and supplied with the machinery of government. The two together are our National Scriptures, each being a Testament.

* * * * *

Against this conclusion there has been from the beginning one perpetual pretension in the name of States. The same spirit which has been so hostile to national unity in other countries, which made each feudal chief a petty sovereign, which for a long time convulsed France, which for centuries divided Italy, and which, unhappily, still divides Germany, has appeared among us. Assuming that communities never “sovereign” while colonies, and independent only by the national power, had in some way, by some sudden hocus-pocus, leaped into local sovereignty, and forgetting also that two sovereignties cannot coexist in the same place, as, according to the early dramatist,

“Two kings in England cannot reign at once,”[75]

the States insisted upon sovereign powers justly belonging to the Nation. Long ago the duel began. The partisans of State pretensions, plausibly professing to _decentralize_ the Government, have done everything possible to _denationalize_ it. In the name of self-government, they have organized local lordships hostile to Human Rights; in the name of the States, they have sacrificed the Nation.

This pretension, constantly showing itself, has broken out on three principal occasions. The first was in the effort of Nullification, which occurred in 1832, where, under the lead of Mr. Calhoun, South Carolina attempted to nullify the Revenue Acts of Congress, or, in other words, to declare them void within her limits. After encountering the matchless argument of Daniel Webster, enforced by his best eloquence, Nullification was blasted by the thunderbolt of Andrew Jackson, who, in his Proclamation, as President, thus exposed it, even in the form of Secession, which it assumed at a later day: “Each State, having expressly parted with so many powers as to constitute jointly with the other States _a single nation_, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation.”[76] The pretension next showed itself in the Rebellion; and now that the Rebellion is crushed, it reappears in still another form, by insisting that each State at its own will may disregard the universal rights of the citizen, and apply a discrimination according to its own local prejudices,--thus within its borders nullifying the primal truths of the Declaration of Independence. Here again do State pretensions, in their anarchical egotism, interfere with the National Unity.

The pretensions of States have found their ablest and frankest upholder in John C. Calhoun. I take a single instance, on account of its explicitness. In reply to a Northern Senator, the defender of Slavery said:--

“Now let me tell the Senator that the doctrines which we advocate are the result of the fullest and most careful examination of our system of government, and that our conviction that we constitute _an Union, and not a Nation_, is as strong and as sincere as that of the Senator or any other in the opposite opinion.”

“We are as devoted to the Union as any portion of the American people (I use the phrase as meaning the people of the Union); but we see in a national consolidated government evils innumerable to us. Admit us to be a Nation and not an Union, and where would we stand? _We are in the minority._”[77]

Evidently, in that minority he saw the doom of Slavery.

* * * * *

Local self-government, whether in the town, county, or State, is of incalculable advantage, supplying the opportunities of political education, and also a local administration adapted precisely to local wants. On this account the system has been admired by travellers from abroad, who have found in our “town meetings” the nurseries of the Republic, and have delighted in local exemption from central supervisorship. De Tocqueville, who journeyed here, has recorded his authoritative praise,--and Laboulaye, who has visited us only in his remarkable studies, unites with De Tocqueville. Against that exacting centralization, absorbing everything, of which Paris is the example, I oppose the American system of self-government, which leaves the people to themselves, subject only to the paramount conditions of national life. But these conditions cannot be sacrificed. No local claim of self-government can for a moment interfere with the supremacy of the Nation, in the maintenance of Human Rights.

According to the wisdom of Plutarch, we must shun those pestilent persons who would “carry trifles to the highest magistrate,” and, in the same spirit, reject that pestilent supervisorship which asserts a regulating power over local affairs, and thus becomes a giant intermeddler. Let these be decided at home, in the States, counties, and towns to which they belong. Such is the genius of our institutions. This is the precious principle of self-government, which is at once educator and agency. In the former character, it is an omnipresent schoolmaster; in the latter, it is a suit of chain-armor, which, from flexibility, is adapted to the body of the nation, so that the limbs are free. Each locality has its own way in matters peculiar to itself. But the rights of all must be placed under the protection of all; nor can there be any difference in different parts of the country. Here the rule must be uniform, and it must be sustained by the central power radiating to every part of the various empire. This is according to the divine Cosmos, which in all its spaces is pervaded by one universal law. It is the rule of Almighty Beneficence, which, while leaving human beings to the activities of daily life and the consciousness of free-will, subjects all to the same commanding principles. Such centralization is the highest civilization, for it approaches the nearest to the heavenly example. Call it imperialism, if you please: it is simply the imperialism of the Declaration of Independence, with all its promises fulfilled. It is rendering unto Cæsar the things that are Cæsar’s. Already by central power Slavery has been abolished. Already by central power all have been assured in the equality of _civil_ rights.

“Two truths are told, As happy prologues to the swelling act Of the imperial theme.”

It remains now that by central power all should be assured in the equality of _political_ rights. This does not involve necessarily what is sometimes called the “regulation” of the suffrage by the National Government, although this would be best. It simply requires the abolition of any discrimination among citizens, inconsistent with Equal Rights. If not by Act of Congress, let it be by a new Amendment of the Constitution; but it must be at once. Until this is done, we leave undone what ought to be done, and, in pitiable failure to perform a national duty, justify the saying that “there is no health in us.” The preposterous pretension, that color, whether of the hair or of the skin, or that any other unchangeable circumstance of natural condition may be made the “qualification” of a voter, cannot be tolerated. It is shocking to the moral sense, and degrading to the understanding.

As in the Nation there can be but one sovereignty, so there can be but one citizenship. The unity of sovereignty finds its counterpart and complement in the unity of citizenship, and the two together are the tokens of a united people. Thus are the essential conditions of national life all resolved into three,--_one sovereignty, one citizenship, one people_.

* * * * *

I conclude as I began. The late Rebellion against the nation was in the name of State Rights; therefore State Rights in their denationalizing pretensions must be overthrown. It proceeded from hostility to the sacred principles of the Declaration of Independence; therefore must these sacred principles be vindicated in spirit and in letter, so that hereafter they shall be a supreme law, coëqual with the Constitution, in whose illumination the Constitution must be read, and they shall supply the final definition of a Republic for guidance at home and for example to mankind.

In this great change we follow Nature and obey her mandate. By irresistible law, water everywhere seeks its level, and finds it; and so, by law as irresistible, man seeks the level of every other man in rights, and will find it. Human passions and human institutions are unavailing to arrest it, as Nature is stronger than man, and the Creator is mightier than the creature. The recognition of this law is essential to the national cause; for so you will work with Nature rather than against it, and at the same time in harmony with the Declaration of Independence. Here I borrow a word from Locke, who, in his Essay “Of the Conduct of the Understanding,” says, that, in dealing with propositions, we must always examine upon what they “bottom.”[78] Now, in dealing with the Rebellion, we find, that, though in the name of State Rights, it “bottomed” on opposition to National Law and open denial of the self-evident truths declared by our fathers, especially of that central truth which Abraham Lincoln, at Gettysburg, in the most touching speech of all history, thus announces: “Four-score and seven years ago, our fathers brought forth upon this continent a new Nation, conceived in Liberty, and dedicated to the proposition that _all men are created Equal_.”[79] Slavery was “bottomed” on the direct opposite; and so was the Rebellion, from beginning to end. Therefore we must encounter this denial. We do not extinguish Slavery, we do not trample out the Rebellion, until the vital truth declared by our fathers is established, and Nature in her law is obeyed. To complete the good work, this is necessary. Liberty is won: Equality must be won also. In England there is Liberty without Equality; in France, Equality without Liberty. The two together must be ours. This final victory will be the greatest of the war; it will be the consummation of all other victories. Here must we plant the national standard. To this championship I summon you. Go forth, victors in so many fields, and gather now the highest palm of all. The victory of ideas is grander far than any victory of blood. What battle ever did so much for humanity as the Sermon on Mars Hill? What battle ever did so much as the Declaration of Independence? But Sermon and Declaration are one, and it is your glorious part to assure the National Unity on this adamantine base.

All hail to the Republic, redeemed and regenerated, One and Indivisible! Nullification and Secession are already, like the extinct monsters of a former geological period, to be seen only in the museum of History. With their extinction must disappear the captious, litigious, and disturbing spirit engendered by State pretensions. The whole face of the country will be transformed. There will be concord for discord, smiles for frowns. There will be a new consciousness of national life, with a corresponding glow. The soul will dilate with the assured unity of the Republic, and all will feel the glory of its citizenship. Since that of Rome, nothing so commanding. Local jealousies and geographical distinctions will be lost in the attractions of a common country. Then, indeed, there will be no North, no South, no East, no West; but there will be One Nation. No single point of the compass, but the whole horizon, will receive our regard. Not the Southern Cross flaming with beauty, not even the North Star, long time guide of the mariner and refuge to the flying bondman, but the whole star-spread firmament, will be our worship and delight.

As the Nation stands confessed in undivided sovereignty, the States will not cease their appropriate functions. Interlocked, interlaced, and harmonized, they will be congenial parts of the mighty whole, with Liberty and Equality the recognized birthright of all, and no local pretension to interfere against the universal law. There will be a sphere alike for the States and Nation. Local self-government, which is the pride of our institutions, will be reconciled with the national supremacy in maintenance of human rights, and the two together will constitute the elemental principles of the Republic. The States will exercise a minute jurisdiction required for the convenience of all; the Nation will exercise that other paramount jurisdiction required for the protection of all. The reconciliation--God bless the word!--thus begun will embrace the people, who, forgetting past differences, will feel more than ever that they are One, and it will invigorate the still growing Republic, whose original root was little more than an acorn, so that it will find new strength to resist the shock of tempest or time, while it overarches the continent with its generous shade. Such, at least, is the aspiration in which all may unite.

“Firm like the oak may our blest nation rise, No less distinguished for its strength than size; The unequal branches emulous unite To shield and grace the trunk’s majestic height; Through long succeeding years and centuries live, No vigor losing from the aid they give!”[80]

CONSTANT DISTRUST OF THE PRESIDENT.

REMARKS IN THE SENATE, ON THE FINAL ADJOURNMENT, NOVEMBER 26, 1867.

Thursday, November 21st, Congress reassembled, pursuant to the resolution adopted July 20th. According to existing law, the regular session would commence on the first Monday of December.

November 26th, Mr. Grimes, of Iowa, moved the adjournment of the two Houses on Monday, December 2d, at half past eleven o’clock, A. M. Mr. Sumner suggested “twelve o’clock,” remarking,--

I question whether we should leave even the break of half an hour between the two sessions. The point is just this: Will you leave to the President one half-hour within which he may take advantage of the absence of Congress, and issue commissions which would perhaps run--I do not decide the point now, but which, I say, might run to the last day of the next session?--that may be midsummer or autumn. I take it that an appointment during that interim of half an hour might possibly be valid to the last day of the next session of Congress.

MR. EDMUNDS [of Vermont]. But the law takes no notice of parts of a day.

MR. SUMNER. That is a technicality. Why open the question?

Mr. Grimes, following the suggestion, altered his motion to “twelve o’clock.” A debate ensued, in which Mr. Sherman, of Ohio, Mr. Fessenden, of Maine, and Mr. Trumbull, of Illinois, took part. Mr. Sumner followed.

I hope that what we do will be for the welfare of the country, and with no reference to mere rumors or reports. There I agree with my friend; but then I do not agree with him, when he says, Give the President another chance. We have been giving him chances, and we cannot act now without taking into consideration his character and position, which have become matters of history. I would speak with proper delicacy, with proper reserve, but I must speak under the responsibility of a Senator. A large portion of our country believe the President a wicked man, of evil thoughts and unpatriotic purposes, in spirit and conduct the successor of Jefferson Davis, through whom the Rebellion is revived. Such are the sentiments of a large portion of our people.

MR. DIXON [of Connecticut]. I desire to ask the Senator if that is the opinion of a majority of the American people, in his judgment.

MR. SUMNER. It is unquestionably the opinion of a large portion of the people of the United States; whether a majority or not the future may disclose. I will not anticipate any such judgment. I speak now with reference to what is before us. The question is, whether we shall give him another opportunity. I say, No. And here I act on no floating rumor, to which the Senator from Illinois refers; I act with reference to the character of the chief magistrate, displayed in his public conduct. It seems to me that it will be something like rashness, if the Senate concede to him another occasion to practise on the country in carrying out his policy, as we know he has practised in times past. We must stop the way. We should not give him a day; we should not give him five minutes,--I am ready to say that,--not five minutes, for the chance of illegitimate power. I will not allow him to exercise it, and then take my chance hereafter of applying the corrective.

And that brings me to the exact point as to whether the present session should expire precisely when the coming session begins. I see no reason why it should not. I see no reason why we should interpose the buffer even of five minutes. Let one session come close upon the other, and then we shall exclude every possibility of evil consequences. In France, during the old monarchy, when the king died, the moment the breath was out of his body the reign of his successor began, so that the cry, “The king is dead,” was followed instantly by another cry, “Long live the king!” Now I know not why, when this session expires, we may not at the same time announce its expiration and announce a new session.

The resolution was agreed to, and Congress adjourned accordingly.

THE FOURTEENTH AMENDMENT: WITHDRAWAL OF ASSENT BY A STATE.

REMARKS IN THE SENATE, ON THE RESOLUTIONS OF THE LEGISLATURE OF OHIO RESCINDING ITS FORMER RESOLUTION IN RATIFICATION OF THE FOURTEENTH AMENDMENT, JANUARY 31, 1868.

The resolutions from the Legislature of Ohio are so important in character, and so wholly without precedent, I believe, in our history, that I think they justify remark even by a Senator who has not the honor of any special association with that State.

It seems to me very clear that the authors of these resolutions have accomplished nothing except to exhibit their own blind prejudices. By the Constitution of the United States, a State may give its assent to a Constitutional Amendment. There is no provision for any withdrawal of such assent, when once given. The assent of the State, once given, is final. A State, I do not hesitate to say, can no more withdraw such assent than it can withdraw from the Union; and on the latter proposition I believe there is now a universal accord.

But, happily, Sir, this extraordinary effort of an accidental Legislature is absolutely impotent. The Amendment in question is already a part of the Constitution of the United States, and in full vigor, even without the assent of Ohio. By a report from the Secretary of State it appears that there is official evidence of the assent of the Legislatures of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Illinois, West Virginia, Kansas, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsylvania, Michigan, Massachusetts, and Nebraska,--being twenty in all, without Ohio. To these now we may add Iowa, which has given its assent very recently, and also Maine, which has notoriously given its assent, although I understand it has not been officially communicated to the Department of State,--making, therefore, twenty-two States, even without Ohio. Twenty-two States are more than three fourths of the Loyal States, or, in other words, of those States that at this moment have Legislatures. The full requirement of the Constitution is therefore met.

This Amendment was originally proposed by a vote of two thirds of Congress, composed of the representatives of the Loyal States. It has now been ratified by the Legislatures of three fourths of the Loyal States, being the same States which originally proposed it through their representatives in Congress. The States that are competent to propose a Constitutional Amendment are competent to adopt it. Both things have been done. The required majority in Congress have proposed it; the required majority of States have adopted it. Therefore, I say, this resolution of the Legislature of Ohio is _brutum fulmen_,--impotent as words without force. It can have no practical effect, except to disclose the character of its authors. As such it may be dismissed to the limbo of things lost on earth.

Mr. Johnson, of Maryland, followed with some remarks, to which Mr. Sumner replied:--