I am in favor of each of these bills. Each is excellent. One is the beginning of a true Reconstruction; the other is the beginning of a true Protection. Now in these Rebel States there must be Reconstruction and there must be Protection. Both must be had, and neither should be antagonized with the other. The two should go on side by side,—guardian angels of the Republic. Never was Congress called to consider measures of more vital importance. I am unwilling to discriminate between the two. I accept them both with all my heart, and am here now to sustain them by my constant presence and vote.
But, Sir, what we know as the Louisiana Bill came into this Chamber first; it was first made familiar to us; it has precedence. On that account it seems to me it ought to come up first, it ought to lead the way. I am not going to say that this is better than the other, or that the other is better than this. Each is good; and yet, I doubt not, each is susceptible of amendment. The Senator from Maine [Mr. Fessenden] has already foreshadowed an important amendment on the bill reported by the Committee of which he is Chairman; I have already sent to the Chair an amendment which at the proper time I may move on the other bill. But I desire to make one remark with regard to amendments. I am so much in earnest for the passage of these bills, that I shall cheerfully forego any amendment of my own, if I find it to be the general sentiment of those truly in earnest for the bills that we ought not to attempt amendments. If, however, amendments seem to be preferable, then I shall propose those I have sent to the Chair.
February 15th, the Senate began the consideration of the Military Bill, continuing in session until three o’clock in the morning of the next day. Speeches and motions showed great differences on the subject. Some were content with a purely military bill, contemplating simply the protection of the people in the Rebel States. Others wished to add measures of Reconstruction; and here again there were differences. Some were content with the requirement of suffrage without distinction of color in the new constitutions, making no provision for the exclusion of Rebels, leaving the organization in the hands of the existing electors, and providing, that, on the adoption of the Constitutional Amendment, and of a State constitution securing equal suffrage, any such State should be entitled to representation in Congress.
In the hope of putting an end to these differences, a caucus of Republican Senators was held the next forenoon, when a committee was appointed, as follows: Mr. Sherman, of Ohio, Mr. Fessenden, of Maine, Mr. Howard, of Michigan, Mr. Harris, of New York, Mr. Frelinghuysen, of New Jersey, Mr. Trumbull, of Illinois, and Mr. Sumner, to consider the pending bill and amendments and report to the caucus. The committee withdrew from the Senate, leaving a Senator making a long and elaborate speech, and proceeded with their work. The House bill was taken as the basis, and amended in several particulars, to which Mr. Sumner afterwards alluded in the Senate. An effort by Mr. Sumner to require equal suffrage found no favor; nor did what was known as the Louisiana Bill, which he proposed as a substitute; nor an effort to exclude Rebels. He felt it his duty to say to the committee, that, on the making of the report, he should appeal to the caucus, which he did. The caucus, by 15 Yeas to 13 Nays,—Senators standing to be counted,—voted to require equal suffrage in the choice of the constitutional conventions; also in the new constitutions, and in their ratification. But the bill was left without any exclusion of Rebels, and with the declaration, that, doing these things and ratifying the Amendment to the National Constitution, a State should be entitled to representation in Congress. In these latter respects it seemed to Mr. Sumner highly objectionable.
The vote of the caucus to require suffrage without distinction of color seemed a definitive settlement of that question for the Rebel States. At that small meeting, and by those informal proceedings, this great act was accomplished. For Mr. Sumner it was an occasion of especial satisfaction, as his long-continued effort was crowned with success. These volumes show how, by letter, speech, resolution, and bill, he had constantly maintained this duty of Congress. His bill, introduced on the first day of the preceding session, “to enforce the guaranty of a republican form of government in certain States whose governments have been usurped or overthrown,” contained the specific requirement now adopted, while the debates on the Louisiana Bill,[84] the Colorado Bill,[85] the Nebraska Bill,[86] and the Constitutional Amendment,[87] attested his endeavor to apply this requirement.
During the evening session, Mr. Sherman, chairman of the caucus committee, moved the bill accepted by the caucus, as a substitute for the House bill. It was understood that it would receive the support of the Republican Senators without further amendment, and, as they constituted a large majority, its passage was sure. Under these circumstances, Mr. Sumner left the Chamber at midnight. The vote was taken a little after six o’clock, Sunday morning,—Yeas 29, Nays 10.
In the other House, the substitute of the Senate was the occasion of decided differences, not unlike those in the Senate on the House bill. Many felt that the Unionists were left without adequate protection. Mr. Stevens, of Pennsylvania, after saying that the Senate had sent “an amendment which contains everything else but protection,” exclaimed: “Pass this bill and you open the flood-gates of misery,—you disgrace, in my judgment, the Congress of the United States.” Mr. Boutwell, of Massachusetts, said: “My objection to the proposed substitute of the Senate is fundamental, it is conclusive. It provides, if not in terms, at least in fact, by the measures which it proposes, to reconstruct those State governments at once through the agency of disloyal men.” Mr. Williams, of Pennsylvania, said: “We sent to the Senate a proposition to meet the necessities of the hour, which was Protection without Reconstruction, and it sends back another, which is Reconstruction without Protection.” At length, on motion of Mr. Stevens, the House refused to concur in the amendment of the Senate, and asked a committee of conference on the disagreeing votes of the two Houses.
February 19th, the excitement of the House was again transferred to the Senate, where Mr. Williams, of Oregon, moved that the Senate insist upon its amendment, and agree to the conference. An earnest debate ensued, in which Mr. Sumner favored the conference committee, and also explained what he wished to accomplish by the bill. Mr. Williams withdrew his motion, when Mr. Sherman moved that the Senate insist on its amendment to the House bill and that the House be informed thereof. Mr. Trumbull sustained the motion. Mr. Sumner followed.
Mr. President,—In what the Senator from Illinois [Mr. Trumbull] has said of the failure by the President to discharge his duties under existing laws I entirely agree. He touches the case to the quick. It is impossible not to see that the special difficulty of the present moment springs from the bad man who sits in the executive chair. He is the centre of our woes. More than once before I have recalled the saying of Catholic Europe, “All roads lead to Rome.” So now, among us, do all roads lead to the President. We attempt nothing which does not bring us face to face with him, precisely as during the Rebellion we attempted nothing which did not bring us face to face with Jefferson Davis. I mention this, not to deter, but for encouragement. We have already conquered the chief of the Rebellion. I doubt not that we shall conquer his successor also. But this can be only by strenuous exertion. It is no argument against legislation that the President will not execute it. We must do our duty, and insist always that he shall do his.