Volume 11 — MAKE HASTE SLOWLY: IRREVERSIBLE GUARANTIES.

Speech in the Senate, on the Recognition of Arkansas, June 13, 1864.

June 10th, Mr. Lane, of Kansas, asked, and by unanimous consent obtained, leave to bring in a joint resolution for the recognition of the Free State Government of the State of Arkansas, which was read, passed to a second reading, and ordered to be printed.

June 13th, he called it up for consideration, when Mr. Sumner made the following speech.

MR. PRESIDENT,—I begin by expressing sympathy with every loyal soul in a Rebel State. Knowing well, from long experience, the cruel rule and domination of Slavery, even in this Chamber, I cannot be indifferent to the trials of loyalty anywhere in these latter days. Show me a man who in a Rebel State stands faithful to the national cause, and I go forth to meet him with heart in hand. To have been true at a time when truth was disowned is enough for honor as well as thanks. But the merits of individuals cannot determine the rights of States.

The case is too important. If individual merits, universally recognized, could save a State to present rights in the Union, Tennessee would not now be a self-condemned exile. There are few anywhere so entirely true as Andrew Johnson, and not one in all the Rebel States who so bravely encountered the Rebellion face to face. Ten men might have saved Sodom; but he was in himself more than ten men. Besides, he was a Senator on this floor, when the State he represented took its place in the Rebel Confederacy, and joined in war against the National Government; but he stayed behind with his country, and kept his seat here. Persons ignorant of Parliamentary Law have sometimes argued from the latter circumstance that Rebel Tennessee was still entitled to her ancient rights in the Union; but they forget two principles, fixed long ago, beyond all question, in England, the original home of Parliamentary Law: first, that the power once conferred by an election to Parliament is irrevocable, so that it is not affected by any subsequent change in the constituency; and, secondly, that a member, when once chosen, is member for the whole kingdom, becoming thereby, according to the words of an early author, not merely knight or burgess of the county or borough which elected him, but knight or burgess of England.[357] If these two principles are not entirely discarded in our political system, then the seat of Andrew Johnson was not in any respect affected by the subsequent madness of his State, nor can the legality of his seat be any argument for the ancient rights of his State.

Nor, again, can the fact that Andrew Johnson has been selected by the Convention of a powerful political party as candidate for the Vice-Presidency be any argument for these ancient rights. It is not necessary that a candidate for President or Vice-President should belong to a State. It is enough, under the Constitution, that he is “a natural born citizen.” He may be of the District of Columbia, or of a Territory, or of a Rebel State; for these are all equally within the rightful jurisdiction of the United States, and this is enough. The national jurisdiction is permanent and indefeasible.

Therefore, I repeat again, we must look beyond the virtues of individuals. Not all the virtues under heaven can suffice to make a State of this Union, or establish any claim for restoration to ancient rights, where there is failure to comply with essential requirements.

The question under consideration is of momentous interest. It concerns primarily the claim to a seat in the Senate; but it includes also the right of the State of Arkansas to share at this moment in the National Government by representation in Congress, and also the other right of participating in the approaching Presidential election. And behind this great question looms that other, “How shall we treat the Rebel States?” This has already been answered by the House of Representatives in a bill passed by that body; but it has not yet been decided by the Senate.

Unexpectedly, the great question and all the subordinate questions are presented for decision. Not only Arkansas, but Louisiana, and every other Rebel State, will await your judgment. No question of equal importance has been presented since it was determined to meet the Rebellion by arms.

For the present I forbear all minute discussion, either of history or principle. It will be enough, if I state the case, and exhibit the questions involved.

William M. Fishback, a citizen of Arkansas, appears before the Senate of the United States, and claims membership. He asserts that he has been duly chosen to fill the unexpired term of Senator Sebastian, who was expelled in 1861 for complicity with the Rebellion; and he produces a certificate purporting to be signed by the Governor of Arkansas.

Shall this claimant be admitted to a seat in the Senate? Such is the immediate question. But I have said that there are other questions, of the highest importance, which must be considered now and here; for they all enter into the present case. Admitting the claimant, we must also admit that other claimant who has appeared with like credentials as colleague. The question is not, therefore, Shall Arkansas have one vote in the Senate? but, Shall it have two?

Then, again, if Arkansas is fully represented in the Senate, does it not follow that it is to be represented to the same extent in the other House? If represented in that Chamber, such representation must be under the existing Apportionment Act, assigning to Arkansas two Representatives, chosen by districts, without reference to the number of votes polled in either.

One privilege draws after it another. To him that hath shall be given. If Arkansas is admitted to immediate representation in the National Government, this Rebel State, which has overthrown the Constitution within its borders, and assumed the front of war, can participate in the approaching election of President and Vice-President by organizing an electoral college, and, in case the election of either of those great officers should devolve upon Congress, can give a vote affecting the result as weighty as that of Massachusetts, New York, or Illinois; for, in such case, the vote, which in the Senate is per capita, is in the House by States.

Therefore, Sir, I repeat, the decision of the question before us rules all the questions that can arise upon the representation of Arkansas in the Congress of the United States, and also the other question of the participation of Arkansas in the election of President and Vice-President for the term of four years next ensuing. The importance of such a subject cannot be exaggerated. It is important constitutionally, important practically, important also to the peace of the country. It ought to be discussed fully and carefully, especially when it is considered that we are on the eve of a Presidential election which may possibly be affected by our decision.

Mr. President, I am against the admission of Arkansas to representation in the National Government at this time and under existing circumstances. There may be a time, and there may be circumstances, when such representation will be proper; but clearly at this moment it is improper, unreasonable, and dangerous. The reasons are obvious.

First. The proposed representation is that of a minority, not only of the people, but even of the ancient voters of Arkansas. It is superfluous to say that such representation is inconsistent with republican principles, and can be vindicated only by overruling necessity. But this point becomes of peculiar importance, when it is considered that the minority asking representation has acquiesced in rebellion, and, still further, that some of those composing the minority have actively assisted the public enemy. Look at the facts.

The authority and jurisdiction of the United States were wholly overthrown and subverted in Arkansas. By action of the State Legislature, and of a Convention called by this Legislature, followed by a popular vote, the State was made de facto a member of the Rebel Confederacy. However much we may deny the rightfulness or the legality of the proceeding, there is no question with regard to the fact. This at least is undeniable, and constitutes an essential ingredient in the case. As a fact it must be recognized, whatever the consequences, precisely as truth is recognized. But this unquestionable fact was followed by a general acquiescence of the people of Arkansas; so that this State became in fact, as in name, a Rebel State, linked with other Rebel States arrayed in arms against the National Government.

At last, after much bloodshed and various vicissitudes, through the exertion of the military power of the United States, a portion of the territory of this State has been rescued from Rebel domination, and brought within the lines of our army. The rest will follow, in process of time, and after further bloodshed, until eventually the whole State will be rescued from Rebel domination, and brought within the lines of our army. Even then we shall be obliged to wait for tokens of returning loyalty also. But at the present moment the possession of the State is still contested by opposing forces, and a minority only has signified adhesion or re-adhesion to the National Government. This objection, of course, may be removed by time; but it existed in full force at the election of the claimant, and is decisive upon the question before us.

Unquestionably, it is according to the genius of our Government that the majority should rule. A majority is the natural base of a republic. To found a republic on a minority is scarcely less impracticable than to stand a pyramid on its apex.

Secondly. The proposed representation of Arkansas in the Senate is unjust and inequitable in relation to the representation of the loyal States; and if extended to representation in the House of Representatives and in the Electoral Colleges, it becomes still more unjust and inequitable. By the original terms of union, the other States have agreed that the whole people of Arkansas shall have two Senators, and Representatives according to a fixed proportion,—and also electoral votes for President and Vice-President according to the number of Senators and Representatives. Now it would be manifestly wrong toward all the loyal States, if not a fraud upon their rights, to assign such representation and such privilege to a fraction of the people of Arkansas, constituting a small minority, so that, on all questions of legislation, of treaties, or of appointments, in the discharge of legislative, diplomatic, and executive trusts, this small minority would wield in the Senate all the power of a loyal State, while in the choice of President and Vice-President it might turn the scale.

Thirdly. The military occupation of Arkansas, and the unsettled condition of the community there, cannot be forgotten, when we are considering whether to admit the representatives of a newly organized civil government in that State. Military occupation is practically inconsistent with civil government. Even if the former does not absolutely exclude the latter, yet it is evident that it must exercise a controlling influence. It is impossible in time of war to preserve the conditions of peace,—especially in time of civil war. Military power, when engaged in subduing rebellion, cannot be insensible to political forces. It must win what it cannot overcome. From the nature of the case, ordinary political conditions are disturbed or subverted, and electoral power loses its essential character, so as to be no longer entitled to that peculiar respect which it enjoys under American institutions. These observations I apply solely to a theatre of war; and I insist, that, so applied, they are true, just, and indisputable.

But, in point of fact, there is another and kindred force, which conspires with the former to disturb suffrage in Arkansas: I mean that proceeding from incursions and hostile operations of the enemy. These prevent elections in some parts of the State, and render them partial in others; and this unhappy condition must continue so long as war prevails there. That I do not exaggerate these perils, let me quote the testimony of General Gantt, a citizen of Arkansas, who participated in the recent election. “Thousands,” says he, “when they started to the polls in the morning, felt that at nightfall, when they returned, it might be to a mass of charred and smoking ruins and to a beggared and impoverished family; and yet other thousands knew that the knife of the murderous crew of Shelby, Marmaduke, and others was whetted for their throats, and might do their execution before the polls were reached; and all knew, that, should the tide of war surge backward over our State, instead of being simply ordered out of the lines, bankruptcy, dungeons, chains, and an ignominious death awaited them.” This picture, which is unquestionably authentic, while it interests us for the heroic sufferers, testifies conclusively how incapable Arkansas is at this moment to bear the burdens and discharge the trusts of a State.

Fourthly. The present organization in Arkansas, seeking representation on this floor, is without that legality of origin required by the American system of government. It is revolutionary in character. Nay, more, it may all be traced to a military order. Clearly, this incongruity will not be tolerated. A new civil government, to be recognized as a State of this Union, cannot be born of military power. Congress has jurisdiction over all those States in which loyal governments have been overturned; and this jurisdiction furnishes a natural, obvious, and constitutional origin for the new government. Without it, I am at a loss to see how the connecting link of legality can be preserved between the old and the new. This is not the first time in our national history that Congress has stood between the old and the new. Such is its natural place and function. At the separation of the Colonies from the mother country, it interfered by formal resolution to indicate the process by which the new governments should be constituted, although the Tories of that day doubted the power. According to this example, sustained by congenial principles, Congress must now set the new government in motion, and infuse into it the vital force found in liberty regulated by law.

Fifthly. Arkansas is at this moment shut out from commercial intercourse with the loyal States, under the Proclamation of the President of 16th August, 1861, in pursuance of the Act of Congress of 13th July, 1861. By this Proclamation it is placed on the list of States declared in “insurrection against the United States; and all commercial intercourse between the same and the inhabitants thereof and the citizens of other States and other parts of the United States is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed”; and all goods, chattels, wares, and merchandise, coming from any of the enumerated States and proceeding to any other State by land or water, are made liable to forfeiture.[358] And yet Arkansas, while still under the ban of a Presidential proclamation and a Congressional statute establishing non-intercourse with other States, asks representation in the National Government. Disqualified for trade with other States, it asks to govern them. The old practice is to be reversed. Thus far in history trade has preceded political power; now political power is to precede trade. Arkansas cannot send her merchants into the loyal States to buy and sell. Can she send representatives into this Chamber to vote? Can she send electors into the Electoral College to choose a President?

Such, Mr. President, are five distinct reasons, obvious to the most superficial observer, against recognizing any representation from Arkansas at this time: first, because the representation is founded on a minority; secondly, because any such representation, unjust in itself, is especially unjust toward the loyal States; thirdly, because the military occupation of Arkansas, and its exposed condition, are inconsistent with civil government; fourthly, because the present organization of Arkansas is without that legality of origin required by American institutions; and, fifthly, because it is absurd to admit a State to representation which is still, by solemn proclamation, shut out from commercial intercourse with the loyal States.

The argument thus far applies to the present case, without touching that other question, sometimes discussed, whether, in point of fact, Arkansas is still a State of the Union. Evidently, Arkansas may have preserved her place in the Union, and yet not be entitled at this moment to representation. She may be a State, but in a condition of political syncope or suspended animation. Or she may be under such abnormal influences as to render her, for the time being, incompetent to perform the functions of a State.

But if Arkansas, by reason of her Ordinance of Secession, and open participation in the war against us, has lost a place in the Union, it is manifest that the Senate cannot now admit the claimant to a seat as one of its members; nor can it admit him at all, until Congress, by joint vote, has restored the State to its original position. The power to admit States into this Union, and, by consequence, the power to readmit them, are vested in Congress, to be exerted by joint resolution or act, with the concurrence of both Chambers and the approval of the President. Here I content myself with a statement. For the present I waive all consideration of the status of the seceded States. The argument is complete without it.

It is my desire to present this case on the facts, and not on any theory or hypothesis. I say nothing, therefore, on the question, what constitutes a State government in this Union; whether a State, by a process of suicide, may not cease to exist; whether a State may not by forfeiture lose its rights as a State; or whether, when the loyal government is overthrown, a State does not lapse into the condition of a Territory under Congressional jurisdiction, to be treated like other national territory. All these questions I put aside. I choose to present the case of Arkansas on facts which nobody can question.

It is enough that the loyal authorities were overthrown, and there were no functionaries holding office under the State government bound by oath to support the Constitution of the United States; and since a State government is necessarily composed of such functionaries thus bound by oath, there was no State government we could recognize. Sir, does any Senator recognize the Rebel governor of Arkansas? Does any Senator recognize the Rebel functionaries who held the offices of the State? Of course not. It follows, then, that the offices were empty. And this was the practical conclusion of Andrew Johnson, when he began to reorganize Tennessee, in an address as early as 18th March, 1862. Here are his words:—

“I find most, if not all, of the offices, both State and Federal, vacated, either by actual abandonment or by the action of the incumbents, in attempting to subordinate their functions to a power in hostility to the fundamental law of the State and subversive of her national allegiance.”[359]

If the offices were vacated, the machine of government could not work. And now the practical question is, how this machine shall be again put in motion. Obviously, not by any power within, but by some power without.

It may be said that the new State organization is authorized by the President’s proclamation of amnesty, and that the claimant’s case stands good according to the promises of this exceptional paper. A glance is enough to dispel this pretension. True it is that the President put forward a plan for reorganizing loyal State governments in the Rebel territory, and he proffered a guaranty to these communities against domestic violence and Rebel invasion; but he neither proposed nor promised any representation in Congress or in the Electoral College. Nor would such a proposition or promise by him have possessed the slightest validity; because, by the Constitution, “each House is to be the judge of the elections, returns, and qualifications of its own members.” This provision is inconsistent with any prerogative of the President over this question, even if such prerogative were not controlled by that other provision which reserves to Congress the power to admit new States into the Union.

The Proclamation declared, that, whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons, not less than one tenth in number of the votes cast in such State at the Presidential election of 1860, each having taken the particular oath prescribed by the Proclamation, and not having since violated it, and being a qualified voter by the election law of the State existing immediately before its secession, and excluding all others, should reëstablish a State government which should be republican, and in no wise contravening the Proclamation oath, it should be recognized as the true government of the State, which should receive thereunder the benefits of the constitutional provision that “the United States shall guaranty to every State in this Union a republican form of government.” Subsequently, in the same paper, the President declares “that whether members sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with the respective Houses, and not to any extent with the Executive.” Nothing is said on the participation of such reorganized State in the approaching Presidential election; and the question seems left open for the judgment of Congress, to which it obviously belongs, to be settled by joint action.

It is plain, therefore, that the reorganization contemplated by the President was in nature provisional. It was not complete or permanent, but evidently looked to the action of the legislative power to determine representation, whether in Congress or in the Electoral College. Loyal governments might be established in the manner indicated for the conservation of local order, and these would be recognized and upheld provisionally by the military power. Considered from this point of view, and in the absence of Congressional action, the President’s plan of reconstruction was, to a certain extent, proper, if not necessary, and very little obnoxious to objections sometimes brought against it. A handful of persons keeping their loyalty might justly look to the military power for support against a hostile majority. Such a handful might be allowed to set up a local government for the management of local affairs, and to assist the National Government in the work of restoration. All this is natural. But the limitation is clear. Admitting it right to authorize the establishment of a local government for the benefit of a handful of loyal persons in a Rebel State, it does not by any means follow that such local government can be entitled to representation in the National Government as a loyal unit, on an equality with the loyal States of the Union. The two questions are entirely different, and the latter was wisely left untouched by the Proclamation.

Besides, the power of the President to institute this government is only as commander-in-chief of the army. It is therefore military in character. But what proceeds out of this power is, from the nature of the case, provisional or temporary, until it has received the sanction of Congress. To a certain extent, and from the necessity of the hour, military governments may be constituted by the President; but permanent civil governments, with——

Mr. Collamer. To last beyond the war.

Mr. Sumner. As the Senator from Vermont well suggests, “to last beyond the war,” with right of representation in Congress and in the Electoral College, cannot be constituted by the President. Such a power would be open to infinite abuse, and in the hands of an ambitious President might be employed for selfish purposes. The national safety, in harmony with republican principles, requires that it should be exercised by Congress, which must take the lead in calling the new government into being.

Against these conclusions there can be no argument founded on principle. But it may be said that the admission of Senators from Virginia constitutes a precedent. This is a mistake. The Virginia case is a precedent for nothing, unless it be to make us more careful for the future. It arose at the beginning of the troubles, before the relations of the Rebel States had become fixed by pertinacious war, and was little considered at the time. But, beyond all, it had this peculiarity,—that a large section, geographically, of Virginia, had, in fact, declined to recognize the pretension of secession, and promptly constituted a loyal government without military intervention, so that practically it had never been part of the Rebel Government. The circumstances were so exceptional, that this case cannot be cited to determine our conduct toward a State which in all its parts, throughout its whole jurisdiction, accepted the pretension of secession, and maintained it by arms. Such a State is, beyond all question, a Rebel State, with no title to a place in Congress or in the Electoral College, until readmitted to its ancient rights by a vote in both Houses of Congress.

The readmission of a Rebel State to representation is not less important than its original admission into the Union. And when it is considered that what is done for one such State will be a precedent for all, its importance is multiplied by the number of Rebel States; and this again is augmented infinitely by the disturbed condition of affairs, and the supreme duty to take every precaution for the restoration of permanent tranquillity. It is not enough, if we comply with certain forms, or constitute a State in name only. Much more must be done, and all this must be placed under fixed and irreversible guaranties. Vain is victory on the battle-field, if these guaranties are not obtained. To make these possible, our armies are now engaged in the deadly shock. That the future at least may be secure, the present is given over to blood and slaughter, to graves and epitaphs. And here is the difference between your responsibilities and those of the soldier. The latter sees only the present; but you must see the future also. The soldier meets the enemy face to face; the statesman, by wise precautions, provides that the enemy, once conquered, shall never rise again. Vain is the work of the soldier, if not consummated and crowned by the wisdom of the statesman.

For years Slavery has been claiming guaranties in States and Territories, and these chambers have echoed to the hoarse, inhuman cry. At last another voice begins to prevail, ascending from basement to cupola, filling chamber and dome with diviner echo: it is the voice of Freedom claiming guaranties. In the absence of any constitutional prohibition of Slavery, it is evident that these guaranties can be obtained only under sanction of Congress in its legislative capacity. And here we are brought again to the question of representation; for as it is clear that representation cannot be conceded, until the guaranties for Freedom have been secured, so it follows, representation can be obtained only under the sanction of Congress in its legislative capacity.

That Congress in its legislative capacity must determine this question is sustained by the necessity of the case, by reason, by authority, and by the President’s Proclamation.

1. I have already shown that guaranties for Freedom are a condition precedent to representation; so that, by the necessity of the case, the latter must be determined by the joint action of both Houses of Congress. Such is one form in which this necessity appears. But there is another.

Congress must have jurisdiction over every portion of the United States where there is no other government; but there can be no other government in the Rebel States; so that the words of Chief Justice Marshall are as applicable to a State without a loyal State government as they were originally to a Territory:—

“Perhaps the power of governing a Territory belonging to the United States, which has not by becoming a State acquired the means of self-government, may result necessarily from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States.”[360]

The three things here affirmed of a Territory may all be affirmed of a Rebel State.

First. It has not the means of self-government.

Secondly. It is not within the jurisdiction of any particular State.

Thirdly. It is within the power and jurisdiction of the United States.

From these again ensues the necessity of Congressional jurisdiction.

2. It would be unreasonable, if not absurd, for each Chamber to determine the question of representation for itself. Suppose, for instance, the Senate admit claimants from Arkansas, and the House reject them. Then we should witness the anomaly of a State admitted to one Chamber and excluded from the other. This would be semi-admission into the Union. Part would be in, and part out. The Senators and Representatives of the same State would be compelled to separate, as, in Grecian mythology, one of the memorable twins, Castor and Pollux, was translated to Olympus, and the other was left upon earth. The Constitution does not contemplate the repetition of any such fable. Arkansas must stay away, until she can be received in both Houses, and be recognized as a unit, not as a fraction; but no power short of Congress can assure this equal reception in both Houses.

3. Authority is in harmony with reason. The question seems to have been anticipated by the opinion of the Supreme Court of the United States, as pronounced by Chief Justice Taney in the case of Luther v. Borden. Here are the words:—

“The fourth section of the fourth article of the Constitution of the United States provides that the United States shall guaranty to every State in the Union a republican form of government, and shall protect each of them against invasion, and, on the application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence.

“Under this article of the Constitution, it rests with Congress to decide what government is the established one in a State. For, as the United States guaranty to each State a republican government, Congress must necessarily decide what government is established in the State, before it can determine whether it is republican or not. And when the Senators and Representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.”[361]

According to these positive words, “it rests with Congress to decide what government is the established one in a State.” But Congress can decide only through joint action.

4. The Constitution, also, by positive text, seems to place the question beyond doubt. There are express words, as we have already seen, declaring that “the United States shall guaranty to every State in the Union a republican form of government.” If these words stood alone, the case would be clear; but it becomes clearer still, when we revert to the other clause, by which it is provided that “the Congress shall have power to make all laws which shall be necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States.” Now, since the guaranty is vested in the Government of the United States, it follows that Congress has the power for carrying it into execution. In Arkansas a republican government has been overthrown by rebellion. Congress must see that such government is restored; and to this end it has all needful power. Congress, and not the President, must decide when the restoration has taken place.

5. There is also the President’s Proclamation, which, by its very terms, necessarily implies the action of Congress. We have, first, the positive declaration that “whether members sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with the respective Houses, and not to any extent with the Executive.” But the language of the Proclamation and of the accompanying message plainly assumes that the Rebel States have lost their original character as States of the Union. Thus in one place the President says that “the loyal State governments of several States have for a long time been subverted.” But if subverted, they no longer exist. In another place he proposes to “reinaugurate loyal State governments.” But a proposition to reinaugurate implies a new start. In another place he proposes to “reëstablish a State government which shall be republican.” But we do not reëstablish a government continuing to exist. In another place he proposes to “set up” a State government in the mode prescribed. But whatever requires to be set up is evidently down. In another place he considers how to guaranty and protect “a revived State government.” But we revive only what is dead, or, at least, faint. There is still another place, where the President evidently looks to the possibility of a change of name, boundary, subdivisions, constitution, and general code of laws in the restored State. These are his identical words: “And it is suggested as not improper, that, in constructing a loyal State government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the Rebellion, be maintained.” Thus the President does not insist that even the name and boundary of a State shall be preserved. He contents himself with suggesting that it will not be “improper” to preserve them “in constructing a loyal State government.” Of course this suggestion of what is not improper implies necessarily that in his opinion even these great changes are within the discretion of the revived community.

I have called especial attention to the language of the President, because it constantly assumes, in a succession of phrases, that the Rebel States are in an abnormal condition, from which they are to be recovered or revived; and since such recovery or revival can be consummated only by action of Congress, it is reasonable to infer that such was his expectation. At all events, the Proclamation, by repeated assumptions with regard to the Rebel States, testifies to the necessity of Congressional action.

We have already seen that Andrew Johnson declared the State of Tennessee “vacated” of all local government which we are bound to respect; and this language obviously harmonizes with that of the President. But Arkansas was in a similar situation.

Such are some of the arguments for the power of Congress. Others might be adduced; but I have said enough. The necessity of the case, reason, the authority of the Supreme Court, the Constitution, and the President’s Proclamation, each and all, tend to the same conclusion, even without resorting to those war powers which are all within the reach of Congress. Yet if we glance at the latter, we find the power of Congress declared beyond question. There is nothing the President may do as commander-in-chief which Congress may not direct and govern, according to the authoritative words of Chancellor Kent:—

“Though the Constitution vests the executive power in the President, and declares him to be commander-in-chief of the army and navy of the United States, these powers must necessarily be subordinate to the legislative power in Congress.”[362]

And these powers, vast as they are, when called into activity by the exigency of war or rebellion, become as constitutional as if specified precisely in a written text.

Mr. President, there is a saying of Antiquity applicable to this question: Make haste slowly. Do not fail to make haste; but let your haste be governed by wisdom and prudence. In making haste, do not sacrifice all safeguards for the future. In haste to welcome Senators from Rebel States, do not forget everything else: do not forget the principles of republican institutions, offended by the rule of a minority; do not forget the principles of justice among the States, shocked by admission of the fraction of a Rebel State to equality of power with loyal States; do not forget the disturbed condition of the Rebel States, rendering the civil authorities subordinate to the military; do not forget the necessity of a connecting link of legality between the old and the new; do not forget that commercial intercourse must be restored, and every ban of proclamation or statute removed, before representation can be allowed; and, still further, do not forget that the Rebel States, by their own acts, sustained by bloody war, have voluntarily placed themselves outside the pale of political association, until Congress shall recognize them again entitled to their original equality; but, above all, do not forget that there can be no recognition of a Rebel State, until its permanent tranquillity is assured by irreversible guaranties which no local power can disturb. Keep these things in mind, and then make haste.

Of course, when within the confines of a State the Rebellion is triumphantly subdued, and the great body of the people manifest an unmistakable loyalty,—when local elections are held according to ordinary municipal forms,—when laws, and not arms, prevail,—and when a government, republican in fact as in name, making Slavery forever impossible, under any form or pretence, is permanently established,—then will Congress, by proper legislative action, rejoice to welcome the newly constituted State to its equal share in the National Government. But such welcome must not be precipitate. It can be offered only after most careful inquiry into the actual condition of things, and the assured conviction that the Rebel State has been newly constituted in fact as in name. And this caution is needed, not only for the good of the Union, but for the good of the State itself, which must be saved from premature responsibilities beyond the measure of its present powers.

Sir, it is much to be a State in full fellowship and equality with other States represented in these two Chambers, with a voice in the election of President and Vice-President, and with a star on the national flag. To be admitted into such prerogatives and privileges, a State must be “above suspicion,” and it must be able to use well all the great powers belonging to the State. But if a State is not yet “above suspicion,” and is not strong enough to stand alone, even against domestic disturbers, it cannot expect immediate recognition. It must wait yet a little longer, until, restored at last in character and in strength, it can do all the duties of a State, and with master-hand grasp that Ulyssean bow which pretenders strive in vain to bend.

Mr. President, I conclude as I began, with my heart’s gratitude to those brave citizens who again in Arkansas lift the national banner. Let them not be disheartened. Their country is with them in all their perils and all their efforts, longing to receive them again into ancient fellowship and equality; but the time for this welcome has not yet come. Meanwhile let them remember that “they also serve who only stand and wait.”

A debate ensued, in which Mr. Reverdy Johnson replied to Mr. Sumner. Mr. Wade moved that the joint resolution lie on the table, which was lost,—Yeas 5, Nays 32. On motion of Mr. Lane it was referred to the Committee on the Judiciary, together with the credentials of Hon. William M. Fishback and Hon. Elisha Baxter. At the same time, on motion of Mr. Sumner, his resolution on the conditions of Reconstruction[363] was referred to the same Committee.

June 27th, Mr. Trumbull, from the Committee, reported adversely on all these references.