Mr. Sumner had looked to this session not only for precautions against the President, but for legislation on Suffrage. He had never doubted that there would be a session. March 30th, just before the final adjournment, he gave notice that on the first Wednesday of July he should ask the Senate to proceed with his bill to secure the elective franchise to colored citizens, when Mr. Sherman, of Ohio, said, “The Senator had better add, ‘or some subsequent day.’” [Laughter.] Mr. Sumner said: “I beg the Senate to take notice that there will be a session on the first Wednesday of July, to proceed with business. I have reason to believe that there will be a quorum here, for there will be important public business that must be attended to.”
On the completion of the organization, Mr. Sumner proceeded to offer petitions, when he was interrupted by Mr. Fessenden, of Maine, who said: “I desire to interpose an objection to the reference of these petitions; and I may as well bring the question up here now, before the Senator offers any more. I do it for the reason that in my judgment it is not expedient at the present session to act upon general business”; and he referred to the course at the session of the Twenty-Seventh Congress, called by President Harrison. Mr. Sumner said, in reply:—
MR. PRESIDENT,—We are a Congress of the United States, assembled under the National Constitution, and with all the powers belonging to Congress,—ay, Sir, and with all the responsibilities also. We cannot, by agreement or understanding, divest ourselves of these responsibilities, being nothing less than to transact the public business,—not simply one item or two items, but the public business in its sum total, whatever it may be,—in one word, all that concerns the welfare of this great Republic. Now the Senator limits us to one item, which he has only alluded to, without characterizing. I suppose I understand him; but he must know well that even that business has many ramifications. But why are we to be restricted thus? Looking at past usage, I need not remind you that we have habitually sat throughout the summer into the month of August, and on one occasion into the month of September. It is no new thing that Congress should be here in July. It is an exception that Congress is not here in July, during every alternate year. Therefore, in considering public business, even under these heats, we are only doing what our predecessors before us have done; we are following the usage of Congress, and not setting up a new usage of our own. The motion of the Senator, if it be a motion, or rather his suggestion, does set up a new usage. It is virtually to declare, that, when admonished by the heats of July, we will fold our hands, and will not even consider public business, except in one particular case; that all the other vast interests of this country will be left, without reference to a committee, without inquiry, unattended to, neglected.
The Senator from Maine says, that, when Congress adjourned at the end of March, it was not supposed that there would be a session at this time. He may not have supposed there would be a session. I never doubted that there would be one. I saw full well that the public interests would require a session in July, and I labored to bring it about, feeling that in so doing I was only discharging a public duty. Do you forget whom you have as President? A constant disturber, and a mischief-maker. So long as his administration continues, it is the duty of Congress to be on guard, perpetually on watch against him; and this must have been obvious when Congress adjourned, as it is obvious now. Senators may not have foreseen precisely what he would do; but I take it that there were few who did not foresee that he would do something making it important for Congress to be present. I did not doubt, then, that it would be our duty to be here in our places to make adequate provision against his misdeeds. He is President, and the head of the Executive, invested with all the powers belonging to that department. It is hard, I know, to provide against him; but nevertheless you must do it. This Republic is too great, too vast, and too precious, to be left in the hands of a bad man.
One of the greatest masters in the art of war tells us, as the lesson of his great military experience, that the good general always regards that as probable which is possible. I know no better rule for the statesman. Now, with a President such as we have, anything in the nature of disturbance or interference with the public security is possible through the Executive arm. Therefore you are to regard it as probable, and make provision against it. So I argued last spring, and was satisfied that it would be our duty to be in our seats at the coming July. We are here, and I now insist that it is our duty to go forward and discharge all our duties, without exception, under the National Constitution.
Mr. Fessenden replied, referring to the proceedings at the called session of the Twenty-Seventh Congress on resolutions of Mr. Clay to limit business. Mr. Sumner rejoined:—
I hope the Senate will pardon me, if I add one word to what I have already said. The Senator from Maine introduces as a precedent something which he will pardon me if I say is not a precedent. He calls our attention to a session of Congress convened by virtue of a summons of the President, being a called session. Why, Sir, this is no called session. This is simply a continuing session, begun on the 4th day of March. It is not a new session. It is a session already begun, prolonged by adjournment into the midst of July. Were it such a session as the Senator from Maine seems to imagine, his precedent might be applicable. We might then search the message of the President to find the subjects proper for consideration. It is, however, no such session. We are here broadly, under all our powers as a Congress, our life as a Congress having begun here on the 4th day of March at noon. Therefore, allow me to say, the precedent is inapplicable.
The practical question, then, is, What shall we do, being a Congress assembled as any other Congress, with all powers and all duties? I submit, proceed with the public business in due order, until such time as by the reports of committees or by votes of the two bodies we shall be satisfied that it is not advisable to proceed further. I think, therefore, petitions should be presented and referred, bills introduced and take their proper destinations, and business of all kinds be brought before the Senate.