The Senate has been occupied for two days in the discussion of questions, many merely of form. I propose now to call attention to one of substance, with which, as I submit, the best interests of the Rebel States and of the Republic at large are connected. I send to the Chair an amendment, to come in at the end of section four.
The Secretary read the proposed amendment, as follows:—
“Provided, That the constitution shall require the Legislature to establish and sustain a system of public schools open to all, without distinction of race or color.”
Mr. Sumner proceeded to say:—
Mr. President,—I shall vote for this bill,—not because it is what I desire, but because it is all that Congress is disposed to enact at the present time. I do not like to play the part of Cassandra,—but I cannot forbear declaring my conviction that we shall regret hereafter that we have not done more. I am against procrastination. But I am also against precipitation. I am willing to make haste; but, following the ancient injunction, I would make haste slowly: in other words, I would make haste so that our work may be well done and the Republic shall not suffer. Especially would I guard carefully all those who justly look to us for protection, and I would see that the new governments are founded in correct principles. You have the power. Do not forget that duties are in proportion to powers.
I speak frankly. Let me, then, confess my regret that Congress chooses to employ the military power for purposes of Reconstruction. The army is for protection. This is its true function. When it undertakes to govern or to institute government, it does what belongs to the civil power. Clearly it is according to the genius of republican institutions that the military should be subordinate to the civil. Cedant arma togæ is an approved maxim, not to be disregarded with impunity. Even now, a fresh debate in the British Parliament testifies to this principle. Only a fortnight ago, the Royal Duke of Cambridge, cousin to the Queen, and commander of the forces, used these words:—
“The practice of calling out troops to quell civil disturbances is exceedingly objectionable; but it must not be forgotten that the initiative in such cases is always taken by the civil authorities themselves.”[95]
This declaration, though confined to a particular case, embodies an important rule of conduct, which to my mind is of special application now.
By the system you have adopted, the civil is subordinate to the military, and the civilian yields to the soldier. You accord to the army an “initiative” which I would assure to the civil power. I regret this. I am unwilling that Reconstruction should have a military “initiative.” I would not see new States born of the bayonet. Leaving to the army its proper duties of protection, I would intrust Reconstruction to provisional governments, civil in character and organized by Congress. You have already pronounced the existing governments illegal. Logically you should proceed to supply their places by other governments, while the military is in the nature of police, until permanent governments are organized, republican in form and loyal in character. During this transition period, permanent governments might be matured on safe foundations and the people educated to a better order of things. As the twig is bent the tree inclines: you may now bend the twig. These States are like a potter’s vessel: you may mould them to be vessels of honor or of dishonor.