July 19th, the Senate considered a resolution from the other House to reassemble November 13th. Mr. Sherman, of Ohio, moved to amend by making the day of meeting “the first Monday of December next.” Mr. Sumner moved to amend the amendment by substituting “the second Wednesday of October next.” He then said:—
On that question I have a word to say, and I must speak frankly. I cannot help it. How Congress, after listening to the message of to-day,[237] which is only the logical consequence of other messages, can quietly vote to go home and leave this post of duty until next winter, passes my understanding. To me it is incomprehensible. The message, from beginning to end, is a menace. Needless to quote its precise language. Its defiant tone fills this Chamber, and will soon fill the whole country. Listening to this appeal, so well calculated to revive the dying Rebellion, I felt that one of two things was needed,—the removal of its author from the Executive chair, or Congress in permanent session to watch and counteract him. Such is the alternative. One failing, the other must be.
Now, Sir, when thus insisting, let it be understood that I am not unmindful of any of my responsibilities in this Chamber. Other duties may devolve upon me hereafter. For the present I speak as a Senator, bound, in the discharge of official duty, to do what he can for the public good. As a Senator, I must be plain; nor can I be constrained by the possibility that hereafter I may be called to judge the President. I am called to judge him now. The proposition that Congress should go home compels me to judge him.
Unquestionably it is for the other House to initiate the proceedings which shall bring the President to your bar. But until then it is the right and duty of every Senator to express himself freely with regard to his conduct; nor can there be any limit to this latitude. It is as broad as human thought. No future duty can be a strait-jacket now. Because the President may be impeached, the Senate is not obliged to be silent with regard to him. The National Constitution is guilty of no such absurdity. Until a Senator is sworn on the trial of impeachment, according to the requirement of the National Constitution, he is a Senator, free to criticize any public functionary, from the President to the humblest officer; and if either has so acted as to deserve removal, there is no reason why he should not say so. This is only according to the National Constitution and common sense.
Now, since Andrew Johnson remains President and he is not yet at your bar, I cannot doubt that we ought to stay in our seats to encounter the evil proceeding from him. We must meet him constantly, and not leave the field unoccupied.
For this reason, simply and briefly stated, I object to the motion of the Senator from Ohio. If I had powers of persuasion, I would use them all to induce you to remain as a guard to the National Constitution and a constabulary force for the Rebel States. Possibly you may not like the office. But I doubt if any of us can be better employed anywhere than in contributing to the success of Reconstruction, and in preserving peace throughout that distressed region of country. Sitting in our seats here, we are a mighty police, ready at the call of general or citizen, and also a terror to the evil-doer.
Senators wish to leave. So do I. Nobody can wish to leave more than myself. I suffer much from these heats. I long to be at home. But I feel that it is my duty to be here. All that I have felt before is now intensified by the menace of this message. Hereafter no Senator can say that he did not know what to expect. He will not be taken by surprise. Here is distinct and open notice that the President will do all in his power to thwart your legislation and to arrest a just Reconstruction. There he stands, a constant impediment to peace, and an ally to the Rebellion. And yet, knowing these things, it is proposed to go home and leave him undisturbed master till winter.
Mr. Sherman said: “It does seem to me a very strange thing that a judge, by whose vote alone the President can be removed, should declare that he must be removed. [Mr. Sumner said, “Or Congress must stay here to watch him.”]… If the House of Representatives desire to present an impeachment of any officer of the Government, I am perfectly willing to stay and try him. No such case is presented.” Mr. Buckalew, of Pennsylvania, said: “The Senator from Massachusetts who first spoke [Mr. Sumner] maintains his usual position at the end of this session. I do not remember any occasion when that member supported a resolution of adjournment. I do not remember an occasion when he did not vote for reassembling, when the opportunity was afforded him, at an early date. In fact, I suspect, that, if the truth were known, the Senator from Massachusetts would be prepared with business the whole three hundred and sixty-five days of the year, and that, if we consulted his views, we should make a French revolutionary assemblage of the two Houses of Congress,—we should be in permanent session, without vacation and without recess.” He insisted that “we should withhold ourselves from the expression of judgment upon a question which is not here, and which cannot come here, unless it be brought here by the House of Representatives, over whose action we have no control.” This brought up Mr. Sumner again.
Mr. President,—There is just the point. The Senator says the question is not here,—in other words, that this is not the time to discuss the President. He is mistaken; this is the very time. The question is here at the instance of the Senator from Ohio, who gravely moves that we leave our seats, and from this time forward till December abdicate our constitutional guardianship of the public interests. To such a proposition there is but one natural and logical reply. It is, that we must not abdicate, so long as Andrew Johnson is in the Executive chair. If he continues President, we must remain at our posts, precisely as Grant remained before Richmond.