Fifty Years of Public Service / Personal Recollections of Shelby M. Cullom, Senior United States Senator from Illinois

by Shelby M. Cullom

The Civil Rights bill, drawn and introduced by Judge Trumbull, than whom there was no greater lawyer in the United States Senate, in January, 1866, on the reassembling of Congress, was passed. Then began the real struggle on the part of the radicals in the Senate, headed by Sumner and Wade, to muster the necessary two-thirds majority to pass a bill over the veto of the President.

Let me digress here to say a word in reference to Charles Sumner. For ten years he was chairman of the Foreign Relations Committee of the United States Senate, and no man, by education, experience, knowledge of world politics, and travel, was ever more fitted to occupy that high position. He was one of the most cultivated men of his day, a radical, and filled one of the most important places in the history of his time. When he entered the Senate, the South dominated this Government; the great triumvirate, Webster, Clay, and Calhoun, had just passed. The day he entered, Clay for the last time, feeble, emaciated, appeared on the Senate floor. Compromise was the word, and the Southerners so dominated that it was considered treason to mention the slavery question. Charles Sumner was an abolitionist; he was not afraid, and at the very first opportunity he took the floor and denounced the institution in no unmeasured terms. Chase and Seward were present that day, and quickly followed Sumner's lead. Seward, however, was far more conservative than either Sumner or Chase.

It was the mission of Charles Sumner to awake the public conscience to the horrors of slavery. He performed his duty unfalteringly, and it almost cost him his life. Mr. Lincoln was the only man living who ever managed Charles Sumner, or could use him for his purpose. Sumner's end has always seemed to me most pitiful. Removed from his high position as chairman of the Foreign Relations Committee of the Senate, followed relentlessly by the enmity of President Grant, than at the very acme of his fame; drifting from the Republican party, his own State repudiating him, Charles Sumner died of a broken heart.

But to return to the struggle between the President and Congress. Trumbull, Sumner, Wade, and the leaders were bound in one way or another to get the necessary two-thirds. The vote was taken in the Senate: "Shall the Civil Rights bill pass the veto of the President to the contrary notwithstanding?" It was well understood that the vote would be very close, and the result uncertain.

The excitement was intense. The galleries were crowded; members of the House were on the Senate floor. The result seemed to depend entirely upon the vote of Senator Morgan, of New York, and he seemed to be irresolute, uncertain in his own mind which way he would vote. The call of the roll proceeded. When his name was reached there was profound silence. He first voted nay, and then immediately changed to yea. A wonderful demonstration burst forth as it was then known that the bill would pass over the veto of the President, and that the Republican party in Congress at last had complete control. Senator Trumbull made a remarkable speech on that occasion, and I was never prouder of any living man.

So the struggle went on from day to day and year to year, growing all the time more intense. I have always been disposed to be conservative; I was then; and it was with profound regret that I saw the feeling between the President and Congress becoming more and more strained.

I disliked to follow the extreme radical element, and when the row was at its height, Judge Orth, a colleague in the House from Indiana, and I concluded to go and see the President and advise with him, in an attempt to smooth over the differences. I will never forget that interview. It was at night. He received us politely enough, and without mincing any words he gave us to understand that we were on a fool's errand and that he would not yield. We went away, and naturally joined the extreme radicals in the House, always voting with them afterwards.

The row continued in the Fortieth Congress. Bills were passed, promptly vetoed, and the bills immediately passed over the President's veto. Many of the bills were not only unwise legislation but were unconstitutional as well. We passed the Tenure of Office bill; we attempted to restrict the President's pardoning power; and as I look back over the history of the period, it seems to me that we did not have the slightest regard for the Constitution. Some of President Johnson' veto messages were admirable. He had the advice and assistance of one of the ablest lawyers of his day, Jeremiah Black.

To make the feeling more intense, just about this time Johnson made his famous "swing around the circle," as it was termed. His speeches published in the opposition press were intemperate and extreme. He denounced Congress. He threatened to "kick people out of office," in violation of the Tenure of Office act. He was undignified in his actions and language, and many people thought he was intoxicated most of the time, although I do not believe this.

The radicals in both the House and Senate determined that he should be impeached and removed from office. They had the votes in the House easily, and they thought they could muster the necessary number in the Senate, as we had been passing all sorts of legislation over the President's veto. When the subject was up, I was doubtful, and I really believe, strong Republican that I was, that had it not been for Judge Trumbull I would have voted against the impeachment articles. I advised with the Judge, for whom I had profound respect. I visited him at his house. I explained to him my doubts, and I recall very clearly the expression he used in reply. He said: "Johnson is an obstruction to the Government and should be removed." Judge Trumbull himself changed afterwards, much to the astonishment of every one, and denounced the impeachment proceeding as unworthy of a justice of the peace court.