Volume 9 — PROVISIONAL GOVERNMENTS AND RECONSTRUCTION.

Remarks in the Senate, on a Bill to establish Provisional Governments in certain Cases, July 7, 1862.

This was reported from the Judiciary Committee, by Mr. Harris, of New York, with certain amendments, one of which recognized “the laws and institutions” in a State before the Rebellion. On the latter amendment Mr. Sumner remarked:—

MR. PRESIDENT,—I cannot consent to the amendment. Plainly it is going too far. A government organized by Congress and appointed by the President is to enforce laws and institutions, some of which are abhorrent to civilization. Take, for instance, the Revised Code of North Carolina, which I have before me. Here is a provision which the Governor, under this Act, must enforce. I say must enforce. The amendment is, that there shall be “no interference with the laws and institutions existing in such State at the time its authorities assumed to array the same against the Government of the United States.” Therefore they must be enforced. And now, if you please, listen to one of them.

“Any free person, who shall teach, or attempt to teach, any slave to read or write, the use of figures excepted, or shall give or sell to such slave any book or pamphlet, shall be deemed guilty of a misdemeanor, and upon conviction thereof, if a white man or woman, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned, and if a free person of color, shall be fined, imprisoned, or whipped, not exceeding thirty-nine nor less than twenty lashes.”

That abomination, Sir, is set forth in the Revised Code of North Carolina, chap. 34, sec. 82. But lest it should fail by the employment of slaves as school-teachers, we have the following prohibition.

“It shall not be lawful for any slave to teach, or attempt to teach, any other slave or free negro to read or write, the use of figures excepted.”[93]

The punishment of slaves for this offence is whipping, repeated for every act. But, Sir, here is another specimen.

“If any person shall wilfully bring into the State, with an intent to circulate, or shall wilfully circulate or publish within the State, or shall aid or abet the bringing into, or the circulation or publication of within, the State, any written or printed pamphlet or paper, whether written or printed in or out of the State, the evident tendency whereof is to cause slaves to become discontented with the bondage in which they are held by their masters and the laws regulating the same, and free negroes to be dissatisfied with their social condition and the denial to them of political privileges, and thereby to excite among the said slaves and free negroes a disposition to make conspiracies, insurrections, or resistance against the peace and quiet of the public, such person so offending shall be deemed guilty of felony, and on conviction thereof shall, for the first offence, be imprisoned not less than one year, and be put in the pillory and whipped, at the discretion of the court, and for the second offence shall suffer death.”[94]

Here is yet another.

“If any free person of color shall preach or exhort in public, or in any manner officiate as a preacher or teacher in any prayer meeting, or other association for worship, where slaves of different families are collected together, he shall be deemed guilty of a misdemeanor, and, on conviction, shall, for each offence, receive not exceeding thirty-nine lashes on his bare back.”[95]

And now one more.

“If any person shall wilfully carry or convey any slave, the property of another, without the consent of the owner or the guardian of the owner, with the intent and for the purpose of enabling such slave to escape out of this State, from the service of his owner, or any one having an interest in such slave, present or future, vested or contingent, legal or equitable, or if any person shall wilfully conceal any slave, the property of another, with such intent and purpose, the person so offending shall suffer death.”[96]

I have read enough, Sir. These passages show you the statutes to be enforced in the name of the National Union, by its constituted authorities, in courts organized by Congress. And behind all these is Slavery itself to be enforced also.

Sir, such an exhibition is more than sufficient. You cannot consent to any such thing. In organizing these governments, all that we can do is to protect life and property, and generally to provide the machinery of administration. Further we cannot go, and protect institutions in themselves an outrage to civilization.

In the debate that ensued Mr. Sumner remarked:—

In this country there is but one “institution,” as all the world knows, and the phrase “and institutions,” when carefully introduced, means only one institution, which I need not name.

Mr. Trumbull united with Mr. Sumner in criticizing the bill.

“I was for it in the Committee; but since I have seen the operation of these laws in the Southern States, and the manner in which persons acting in behalf of the United States undertake to execute them, I have changed my opinion in regard to the propriety of such a clause as this, and I agree with the Senator from Massachusetts. I cannot consent by my vote, and I never will consent by my vote, to give sanction to a law that punishes a man for teaching another to read the word of God.”

The bill was allowed to drop. But this debate had its influence in showing how impossible it was to recognize “institutions” existing in a State before the Rebellion. Slavery and the Black Code were not to obtain license under any such terms. Here was a point in Reconstruction.