What is the meaning of that? The whole case is brought before Congress for consideration. We are to look into it, and consider the circumstances under which these elections have taken place, and see whether we can justly give to them our approval. Is that vain language? Was it not introduced for a purpose? Was it merely for show? Was it for deception? Was it a cheat? No, Sir; it was there with a view to a practical result, to meet precisely the case now before the Senate,—that is, a seeming compliance with the requirements of our Reconstruction policy, but a failure in substance.
Now I will read what was in the bill of March 2, 1867, entitled “An Act to provide for the more efficient government of the Rebel States.”[192] It declares in the preamble that “it is necessary that peace and good order should be enforced in said States,”—strong language that!—“until loyal and republican State governments can be legally established.” That is what Congress is to require. To that end Congress must look into the circumstances of the case; it must consider what the condition of the people there is,—whether this new government is loyal, whether it is in the hands of loyal people. To that duty Congress is summoned by its very legislation; the duty is laid down in advance.
And so you may go through all these Reconstruction statutes, and you will find that under all of them the whole subject is brought back ultimately to the discretion of Congress. This whole subject now is in the discretion of Congress. I trust that Congress will exercise it so that life and liberty and property shall be safe.
January 12th, Mr. Sumner presented a memorial from citizens of Virginia then in Washington, claiming to represent the loyal people of that State, in which they declare themselves “anxious for the prompt admission of the State to representation upon such terms that a loyal civil government may be maintained and the rights of loyal men secured; which,” they say, “we feel assured cannot be the case, if any condition less than the application of the test oath to the Legislature shall be imposed by the Congress.” As the grounds of this conviction, they point, among other matters, to the continued manifestations of the Rebel spirit in the community,—the ascendency of the Rebel party in the recently elected Legislature, gained, as they insist, “by intimidation, fraud, violence, and prevention of free speech,”—and particularly to the evidences of disloyalty, and of meditated bad faith in regard to the new State Constitution, exhibited in speeches and other utterances of the Governor and Members of Assembly,—utterances, on the part of some of the latter, accompanied with gross contumely of a distinguished Member of Congress from Massachusetts: all of which, the memorialists say, “if a hearing can now be had, and which we respectfully request may be granted, we pledge ourselves to show by sworn witnesses of irreproachable character, residing in Virginia.”
The memorial was received with denunciation, as “disrespectful,” “unjust and abusive,” “merely the wailing of those who were defeated,” “originating with the view of keeping out Virginia,” “trifling with our own plighted faith and honor,”—and its presentation criticized with corresponding severity,—the Senators from Nevada leading the assault. Mr. Sumner responded:—
Mr. President,—Has it come to this, that the loyal people of Virginia cannot be heard on this floor? that a petition presented by a member of this body, proceeding from them, is to have first the denunciation of the Senator from Nevada on my right [Mr. Nye], and then the denunciation of the Senator from Nevada on my left [Mr. Stewart]? Why are the loyal people of Virginia to be thus exposed? What have they done? Sir, in what respect is that petition open to exception? The Senator says it is disrespectful. To whom? To this body? To the other Chamber? To the President of the United States? To any branch of this Government? Not in the least. It is disrespectful, according to the Senator from Nevada, to the present Governor of Virginia, and he undertakes to state his case.
Now, Sir, I have nothing to say of the present Governor of Virginia. I am told that he is on this floor; but I have not the honor of his acquaintance, and I know very little about him. I make no allegation, no suggestion, with regard to his former course. He may have been as sound always as the Senator from Nevada himself; but the petitioners from Virginia say the contrary. They are so circumstanced as to know more about him than the Senator from Nevada, or than myself; and they are so circumstanced as to have a great stake in his future conduct. Thus circumstanced, they send their respectful petition to this Chamber, asking a hearing; and what is the answer? Denunciation from one Senator of Nevada echoed by denunciation from the other Senator of Nevada. The voice of Nevada on this occasion is united, it is one, to denounce a loyal petition from Virginia.
Was I not right in presenting the petition? Shall these people be unheard? The Committee which the Senator represents, led by the Senator from Illinois [Mr. Trumbull], and now led by himself, are pressing this measure to a precipitate conclusion. These petitioners, having this great interest in the result, ask for a hearing. Several days ago I presumed, respectfully, deferentially, to ask that this measure should be postponed a few days in order to give an opportunity for such a hearing. I was refused. The Senator from Nevada would not consent, and with the assistance of Democrats he crowds this measure forward. Sir, it is natural, allow me to say, that one acting in this new conjunction should trifle with the right of petition. When one begins to act with such allies, I can well imagine that he loses something of his original devotion to the great fundamental principles of our Government.
Something was said by my friend, the other Senator from Nevada [Mr. Nye], on another passage of the petition, referring to a distinguished colleague of my own. Why, Sir, that very passage furnishes testimony against the cause represented by the Senator from Nevada. It shows how little to be trusted are these men. It shows the game of treachery which they have undertaken. It shows how they are intending to press this measure through Congress so as to obtain for Virginia the independence of a State. Are you ready for that conclusion? Are you ready to part with this great control which yet remains to Congress, through which security may be maintained for the rights of all?