Obrazy na stronie

of arms could put it down ; and the Baltimore to the rear; back seats; is the order of the more, that no man who had been engaged in convention pledged themselves to the country

Commander-in-Chief of this great nation. this treason should have a less probation than that no other weapons should be used, and "If there be but fivo thousand men in Tennessee the foreigner. So say I, and so says Congress. when it was put down it followed as a sequence,

loyal to the Constitution, loyal to freedom, loyal to in the just judgment of the members of that justice, these true and faithful men sbould control

“My judgment is, that he should be subjected to a the work of reorganization and reformation abso

severe ordeal before he is restored to citizenship." convention, that the punishment due to their lutely."

So said an afflicted continent; and to what crimes' should be awarded to the rebels and Will the distinguished Senator from either | ordeal has he been subjected?' I speak what traitors arrayed against it.”

of the States I am now addressing tell me why is patent to the world, and what is recorded Mr. President, the distinguished Senator from

these men should be allowed to partake in the || history to-day, when I say that the only ordeal Wisconsin three times thanked God during his

great work of reconstructing all these States to which he has been subjected is to have been speech that Andrew Johnson existed and held when Mr. Johnson at that day said they should | under the special charge and kind care of a the office that he does. I shall three times three

not be allowed to aid in the work of reconstruc- most indulgent and magnanimous Administratimes thank God if he carries out the provis

tion in a single State? This was carrying out | tion. Who would have believed from these ions of the Baltimore platform as expounded the spirit of the Baltimore platform. He went

utterances that Lewis E. Parsons would have by himself. I suppose one reason for thank- upon the doctrine that " while the letter kill- been made provisional governor of Alabamaing God was the clear vision with which he

eth, the spirit maketh alive." He had drank a man who partook, in the darkest hour of our saw his duty; and I am going to read now his

what the distinguished Senator from Wiscon- | trials, in the legislation of the State of Alaown understanding, when that platform was sin, from his remarks made upon it, seems

bama, introducing resolutions which I had here fresh before him, of its meaning; and either

never to have tasted, the spirit of the Baltimore the other day in my hand denouncing in the President Jolinson entirely misunderstood its platform; and speaking in that spirit he de

most unmeasured terms the loyal citizens of meaning then or the distinguished Senator from clared, "Traitors to the rear; back seats; you

this country? And yet the ordeal to which he Wisconsin does not interpret it truly now. In | shall not be allowed even to aid in reconstruct- was subjected was to receive a commission to accepting the nomination for Vice President of

ing Tennessee, though there be not five thou- go down and be doctor-in-chief of a disease the United States, Mr. Johnson said:

sand loyal men in the State." Exactly right which he had diagnosed most thoroughly, re“The question is whether man is capable of self- was the President then. Around that little

bellion, treason. He knever every bone, artery, governinent. I holdl, with Jefferson, that Government was made for the convenience of man, and not

nucleus, charged with the spirit and living fire | fiber, vein, that pervaded it, for he had treated man for Government. The laws and Constitution and zeal of the glory of our institution, would every one of them. Oh, what an ordeal that were designed as instruments to promote his welfare. have gathered and clustered an army of Union was to pass! And a severer ordeal still was And hence from this principle I conclude that Gov: ernients can and ought to be changed and amended men as resistless in its march as the army of

to receive his salary for it, out of money that to conform to the wants, to the requirements, and

the Potomac when led by Grant. But, sir, in you and I are taxed to pay, and that, too, withprogress of the people and the enlightened spirit of an evil hour-and I propose to turn the Sena- out taking the prescribed oath by Congress! the age.”

tor from Wisconsin exactly to the point-that | Oh, how Parsons must have suffered! What Sir, I hold that as the announcement of a

doctrine was departed from, and I shall ex- a change in my policy” from before till after great and living truth. I do not suppose that amine now with entire fairness what I think election! I have no doubt, however, that the it ever entered into the heads or hearts of the

led to the departure from that doctrine. distinguished Senators to whom I am addressframers of that glorions instrument, our Consti

Sir, I am not through with this oracle. To || ing the most of these remarks will be able to tution, that it was never to be altered, amended, what I shall now read I call the attention of explain it. [Laughter.] or changed to meet the wants and exigencies his distinguished champions here:

A fellow who takes the oath"of a progressive and advancing people. If

" I say that the traitor has ceased to be a citizen, I beg the Senator's attention to this, it has so entered into the heart of my

and in joining the rebellion has become a public

"A fellow who takes the oath mercly to save his guished friend from Wisconsin, why does he eneiny.

property, and denies the validity of the oath, is a boast now of being the foremost and first advo- So say I; so says every fair-minded man, perjured man, and not to be trusted." cate of amending that instrument so as to keep

that the traitor ceased to be a citizen; and in He knew of what manner of men he spoke. pace with the progress of the times? So far, addition, so says the voice of the intelligent || So said the President of the United States; ihen, I indorse most cordially that sentiment world; so says the law, before whose majesty || and, remember, all this time he was accepting which seems to be in union with the music of the distinguished Senator from Pennsylvania the Baltimore platform as his guide. Now, the times. But to proceed:

bows with such respectful deference always. there is a change, whether for the better or the "And let me say that now is the time to secure these

Sir, that enunciation was from the very fountain worse we shall see by and by. fundamental principles, while the land is rent with of truth. It welled up; it was the gushing of “Before these repenting rebels can be trusted let anarchy :und upheaves with the throes of a mighty

an honest-spoken sentiment, and it received an thein bring forth the fruits of repentance.” revolution."

echo everywhere on this continent. What, sir, What greater truth could be announced than

Aven. That is precisely what Congress has that? And the Senate will remember that this

has it come to pass in fact that a man can be said all the time: bring forth fruits meet for is all under the authority of the Baltimore plat

red-dyed with treason one day and washed as repentance; come here in a spirit of repentant

white in the waters of loyalty as the lamb the form, as understood by its expounders.

submission; come here as the sinner should next? Away with reading your miraculous come; come as the felon should come; ac“While socicty is in this disordered state, and wo

conversion of Paul! Sir, that miracle would are sccking security, let us fix the foundations of the

knowledge your crime, and though your sins be Government on principles of eternal justice which

cease to be quoted if this theory were adopted as scarlet we will make them white as snow. will endure for ali tine.”

here-a miracle in view of Almighty power, a Is that the way they come? No, sir. The Most heartily do I, ranking among the radi. miracle in view of the just understanding of distinguished Senator from Kentucky (Mr. DAcals of this body—and I venture to speak for all mankind, a miracle in the eyes of justice, and vis) told us the other day what he would do if. who are thus designated-indorse the sentiment an overthrow of every principle of law. What he were President; he would call up pro forma of the President of the United States.

did he mean by this? He said to traitors, the rebels who have been elected to Congress, “But in calling a convention to restore the State, "Your garments are red with the blood of trea- and if he were President he would regard then who shall restore and rcöstablish it?"

son,'' and he gave the same direction that was as such. We who echo every sentiment which A pregnant inquiry; and he answered it:

given by Elijah to the proud prince of old, “ Go I have read are to be driven from these Halls “Shall the man who gave his influcnce and his wash seven times in the waters of Jordan, and to make room for these anything else than mcans to destroy the Government? Is he to participite in the great work of reorganization? Shall he

be healed." So I say to these traitors, go wash repentant rebels. Their second state is worse who brought this miscry upon the Statc bc perinitted

seven times seven in the waters of loyalty, and than their first. I know not whom that distinto control its (lestinics? If this be so, then all this be cleansed.

guished Senator echoes, but I have seen in precious blood of our brave soldiers and officers so freely pureclout will have been wantonly spilled: all

But, Mr. President, I am not quite done with nearly every print of the South, I have read in the glorious victories won by our noblo armies will this speech :

prints in this city recommendations that this go for nullshit, in all the batile-fields which have "I say that the traitor has ceased to be a citizen, || high priest should dispose of this irregular": been sown with call heroes during the rebellion will and in joining the rebellion has become a public have been madic memorable in vain.' enemy. He forfcited his right to vote with loyal men

Congress, that have no better indorsement than Again let me pause to give in my most cor

when he renounced his citizenship and sought to a loyal people, to make room for those whose destroy our Government."

skirts smoke now with the blood of this rebeldial and hearty adherence to that doctrine.

Sir, human lips never uttered a more striking | lion. I know not what may come. I enter“Why all this carnago and devastation? It was that treason might be put down and traitors pun.

truth than that." That again awoke an echo in tain no particular fears for myself. If that ished. Therefore I say that traitors should take a every heart, and raised and elevated the world's issue come, let it come, and an outraged peoback seat in the work of restoration."

hope. Was it true then? If so, it is true now, | ple will settle the question very quickly.. Şir, Again let me say that I most cordially con- and will remain true through all coming time. if the votaries of treason have not had victims cur in that; and that is the question that is But I am not quite through:

enough, let them invade these Halls and vicnow really under discussion. Let the traitors “We say to the most honest and industrious for- timize the representatives of a great people. take a back seat, said the President. Sir, that eigner who comes from England or Germany to dwell || They are, it seems to me, more voracious than

among us and to add to the wealth of the country, sentiment was echoed from every hill-top and Before you can be a citizen you must stay here for

the grave, more unsatisfied than the horse "hrough every valley of this nation. So said

five years.' If we are so cautious about foreigners leech's daughter that cried "Give,'' “Give,'' Congress then, and so says Congress now. who voluntarily renounce their homes to live with till there was no more to give. They are not “Traitors to the rear,'! according to the

us, what should we say to the traitor who, although
born and reared among us, has raised a parricida!

satisfied with passing by the countless neworder of the Commander in-Chief. The Com

hand against the Government which always protected made graves; they demand additional victims mander-in-Chief of the Army and Navy orders him?"

here; that this Hall, so sacred in the recollecyou to the rear; and why does the Senator from If language is to be understood at all in its | tions and in the history of the country, shall Wisconsin beckon them forward ? “Traitors | usual signification, that means this, and no be made to run with loyal blood to make room


for those who but yesterday were trying to tear Now, to every one of these living, breathing times tried to reach it; but my wings are too down its pillars.

announcements, Congress says, amen. Then feeble. The sentiments, however, that drop Can an American Senate long discuss such what is the occasion of any difference between from such an exalted position make a deep a question? las it come to this, that mem- the President and Congress? I venture to lodgment in my heart. These utterances gave bers sitting here with the high commission of assert that I have not read in this whole speech to a nation, white and black, needed words of a loyal people are to be threatened, and upon a declaration that every member of this body encouragement; and the downtrodden slave this floor, with an exercise of that power which who pretends to be loyal will not respond to as breathed freer and deeper as these utterances would have made Nero blush to utter its name? true. Remember, too, that all this was said were echoed to him. Congress, full of this Let it never be uttered here again; but I repeat, under and by virtue of the Baltimore platform ; || inspiration--my distinguished friend from Illiif liberty and freedom demand' that further said by this intelligent man when he accepted nois (Mr. TRUMBULL] first catching it-passed sacrifice, your victims are ready. the nomination under that platform.

a bill to establish a Freedmen's Bureau to give Sir, the sentences and utterances which I "The day for protecting the lands and negroes of power to carry out and perfect the essence of have read were the expressions of the now

these authors of the rebellion is past. It is high this exalted sentiment. The President, I need

time it was." President of the United States just before the

not say, refused to sign it. My distinguished election. These utterances, these expressions, I shall be pardoned for saying. I think so friend froin Wisconsin came panting in here were like an electric touch to the wire; they

It was high time that protection to rebels should cease.

one day in a hurry to say that if he had been electrified the whole community, and he was

What have they done since to

present on the question of the entitle them to the confidence of an outraged | bill he would have voted for it. I mourned

of that

passage borne upon the shoulders of as loyal a people as ever breathed to the highest place of power

people? Let the history of the times answer. on earth, borne there by the exertions of many He next proceeded to give some Union officers

over his disappointment that he could not have

recorded his vote for so holy and righteous a of the members of this circle. But I ain not what I have no doubt was a truthful reprimand:

measure. The distinguished Senator from Con. quite done with this speech :

“.I have been most deeply pained at some things

necticut [Mr. Dixon) shared in the early glory which have come under my observation. We get “He who helped to make all these widows and or- men in command who, under the influence of flat- of having voted for it. That little parchment phans, who draped the streets of Nashville in mourn- tery, fawning, and caressing, grant protection to the came back; and where then were the regrets of ing, should suffer for his great crime. The work is in rich traitor, while the poor Union inan stands out in

my distinguished friend from Wisconsin ? His our own hands.

the cold, often unable to get a receipt or a voucher What work? To make them suffer. The

for his losses. The traitor can get lucrative con- disappointment had fled. Where then was the

tracts, while the loval man is pushed aside, unable | gushing sympathy with this immortal senti. work of making the rebels suffer, said the Presi- to obtain a recognition.”

ment uttered by the distinguished Senator from dent, is in our hands. That portion of the Then the President had on a holy glow of Connecticut ? When that dread question came, work, if done at all, has been done so as not indignation at such outrages as these, and most Shall this bill become a law notwithstanding to excite the observation of the world. Who | properly; he spoke as became a man of feel- the objection of the President? up went Wissuffers? I will tell you, Mr. President who

ing. It was an outrage; it is an outrage. Hasconsin, or half of it, half of Connecticut, half suffers ; it is those who are fleeing from the it been changed? Go to the mountain gorges of Pennsylvaniapresence of the unwashed rebels. This work

of Tennessee, and see the fresh-made tracks Several SENATORS. The whole of it. is in our hands, said the President; he falters

of the fleeing fugitives, the Union men, Mr. NYE. Well, one is always one way any. in it; Congress proposes to take up the work

from the fury of their pursuers, the traitors. how. My friend BUCKALEW is always wrong, and do it without him. I ask the Senator from Who hunts the pursuers? No one.

I there.

or right, as may be the case. From that fearWisconsin whether any of the rebels have suf- fore reiterate this same complaint on behalf ful flight, I am sorry to say, these gentlemen fered since the war.

of the ileeing fugitives who loved their flag | have never returned as they appeared when "Ah! these rebel leaders have a strong personal better than their State, who are now finding they left; they are changed men; they do not reason for holding out."

homes at the sources of the rivers and in the fraternize with those whom they used to frater. What reason?

gorges of the mountains. Far distant are they ; | nize with, but have made their beds constantly "To save their necks from the halter." but I stand here on their behalf to maintain

with new companions. How dare the Senator Why, sir, the hemp is not grown yet, nor the fulfillment of this promise. It is due to the from Wisconsin and the conscientious Senator sown, that will hang a rebel in this country. | dignity of this nation; our dignity demands it, froin Connecticut go back to these holy sayings They held out and they are not hung. They and the people will have it.

oftheir President? What excuse can they give? held out longer than they ought to have done, I am now through with the particular speech The principal excuse was, I believe, the cost of and they have gone longer without hanging || from which I have been reading, but a little the measure. Who ever expected that four than they ought. So says an intelligent world, || later, on the 24th of October, 1804, the present million people who for centuries had bowed and so said, above all, the President himself. President's gushing heart gave forth other ut- their necks to degradation could be lifted up He said further

terances. He was called upon by a few return- to the platform of human equality and not “Treason must be made odious, and traitors must

ing braves who represented a regiment which have it cost something? Sir, whenever the be punished.” had been thrice recruited, because it had been

time comes when I weigh a benefit to my felI have often heard that quoted; but he did thrice decimated in battle, a regiment of col- low.man against dollars and cents I shall probnot stop there. ored soldiers, and he addressed them thus:

ably vote as they did. It will not do." The Treason must be made odious, and traitors must “Negro equality, indeed,'cried he; 'why, pass any Freedmen's Bureau bill was killed, and it was be punished and impoverished.” day along the sidewalk of High street, where these

killed in the house of its friends. I shall have That is a thing that hurts the traitor worse

aristocrats more particularly dwell-these aristocrats

whose sons are now in the bands of guerrillas and cut- no ghosts haunting me; I voted for it first and than anything else, to impoverish him. Where throats who prowl and rob and murder around our last, and my vote was prompted by the best is the traitor that has been impoverished? What | city-pass by these dwellings: I say, and you will see as many mulatto as negro children, the former bear

feelings of my heart. Cost something! Sir, does impoverishing mean? It means confisca

ingan unmistakable resemblance to their aristocratic the unrequited toil of the slaves, the sweat from tion. There has been none of that of any con- owners. Colored men of Tennessee, this, too, sball their brows had made rich the men that now sequence that there was not a respectful obei

bear their pardons in their pockets for their sance by the authorities of this country in re

He changed the entire color of the African | infamy, and rejoice that the Freedmen's Bureau turning the property to its much abused rebel race in Tennessee from that day, by order. bill was killed. owner! What, sir, return their property to the [Laughter.]

That awoke the first shouts of the dormant rebels when the great high priest of this Union "Your wives and daughters shall no longer bo Democracy. "Hurrah for Johnson!” said the party declared that they must not only be pun

dragged into a concubinage, compared to which ished but impoverished ! polygamy is a virtue, to satisfy the brutal lust of

Democrats. It even evoked a gushing speech Why is not that

slaveholders and overseers. Thenceforth the sanctity from my friend from Delaware, who had lived promise kept? Sir, I do not ask that question of God's holy law of marriage shall be respected in through Buchanan's administration. Both the alone; it is the voice of millions; why has not

your persons, and the great State of Tennessee shall
no moro give her sanction to your degradation and

Senators from Kentucky, the Senator from that promise been kept? Let him who made your shame."

Delaware, the Senator from Connecticut, and it answer, or his friends for him.

And having, in language which you all re

the Senator from Wisconsin were holding sweet “Their great plantations must be seized, and

communion over the defeat of this bill, which divided into small farms, and sold to honest, in and member, promised to be their Moses, he added: trious men.'

"I speak now as one who feels the world his coun

was founded, I repeat, on the best impulses of try and all who love equal rights his friends."

the human heart. Where is the great plantation that has been sold and divided among honest. men as contra

What a pinnacle of exaltation that must be!

But, sir, that is not all. This bill originated distinguished from its former owners? The

I almost envy him who stands on it. Standing upon the hypothesis that the old law of last year Senator from Wisconsin when he replies will

on it he would be expected to speak words of establishing the bureau originally was dead. probably tell us where these confiscated estates encouragement to these men:

Here, however, the President exhibited a very are, and where these honest men have found

"I speak, too, as a citizen of Tennessee. I am here

unusual power. I am glad to see that he poson my own soil; and here I mean to stay and fight sesses it. He convinced the world that it he homes on these cut up plantations.

this battle of truth and justice to a triumphant end. could destroy, he could create. While one bill “The day for protecting the lands and negroes of

Rebellion and slavery shall, by God's good help, no these authors of rebellion is past.” longer pollute our State. Loyal men, whether white

was crucified and killed, he resurrected an. or black, shall alono control her destinies; and when other; so that the opinion and judgment of So said President Johnson. If he spoke this strife in which we are all engaged is past, I trust, Congress was indorsed, that measure having prophetically, it has not turned out as he

I know, we shall have a better state of things, and
shall all rejoice that honest labor reaps the fruit of

originated here. If it had been my case, I prophesied. Then he is no prophet. If he its own industry, and that every man has a fair should have said to Congress, as the old bill spoke by virtue of the power that was about chance in the race of life.”

is in operation I return this to you as not to be conferred upon him, I think he has not Sir, I often envy men when they seem to being necessary; exercised it.

speak from this high exaltation. I have some- There came the first line of marked devia


tion. Then came the civil rights bill, crowding That is good.
upon the heels of the other. Indeed they were “I am for preserving all the States."
born together, twins in birth, mutual in opera- So am I.
tion, one being the aid and helper of the other.

"I am for admitting into the councils of the nation
The civil rights bill did what the distinguished all the representatives who are unmistakably and
Senator from Maryland [Mr. Johnson]declared unquestionably loyal."
it was almost unnecessary to do, because it fol- So am I.
lowed as a sequence when "slavery was abol-

"A man who acknowledges allogiance to the Govished; but that bill clothed this downtrodden ernment and swears to support the Constitution must people with the superb and indescribable gar- necessarily be loyal." ment of American citizen. Sir, who has not There is the mistake. As a proposition, I felt proud that his vesture was the citizenship | deny it. Breckinridge took that oath while of the United States of America? To us who | perjury black as hell was smoldering in his inherit it how rich and how precious! To those heart. The president of your late confederacy who have it by the power and force of our had taken the same oath over and over again. arms how inestimable! If I had an angel's | Wigfall had taken it. Were they loyal? Sir, tongue I could not describe the ecstacy with I deny the proposition that swearing makes a which they receive it. If I had the wisdom of

man loyal. If I could reconstruct the South my friend on my left [Mr. SUMNER) and the to-day upon an oath, I would call them up and tongue of Cicero I should be unable to de

marshal them altogether and tell them to hold scribe the indescribable emotions of the tran- | up their right hand and swear. Why, sir, these sition from slavery to citizenship.

rascals have not only sworn to support this That bill, too, did not find favor at the other

Government, but another, and they have broken end of the avenue. That was misfortune num- both oaths. Will you tell me now that swearber two. If it were proper for me, I would | ing makes a man loyal? No. My friend from stop right here and do what would be irregu- | Pennsylvania yields that point, and when he lar, pay a passing compliment to the firmness | yields it, everybody else ought. [Laughter.] with which that occasion was met. Were I But that is not all. There is a little more not a member of this body I should do so. As cat under the meal here. I will read that it is, I will simply say that over and above the | again, for it is not true: President's objection the civil rights bill was

“The man who acknowledges allegiance to the carried, and there never had been such rejoi- Government, and who swears to support the Consticings in this nation since the morning stars

tution, must necessarily be loyal.” shouted for joy. It was the resurrection and That would have done years ago ; but expethe life to four million people. It was a noble, | rience, that stern and unflinching teacher, has manly vindication of the integrity and fixed taught us a great deal lately. Why, sir, they purpose of this nation. It spoke freedom, not have sworn four times, and yet oath piled upon only to the millions here, but to the down- oath will never make a traitor loyal. Treason trodden and oppressed abroad. That bill is a to the moral man is what consumption is to the law, and, thanks to Almighty God, there is no physical man ; he never gets well of it. (Laughpower now to recall it. It will stand an ever- ter.] It taints the whole moral man; it is lasting monument to the integrity of Congress. a disease incurable; nothing but death can When the historian shall write the proudest stop it. victory of this war, the manly bearing and But let me quote a little further: perseverance and determination of Congress

"A mere amplification of the oath makes no differin passing the civil rights bill will share the ence as to the principle." most prominent page. I hailed it then as an

That is, that an oath to support the Constiannouncement to the world of the fixed pur- tution is sufficient; and to require him to swear pose of the American Congress.

that he has not given aid or comfort to the For that act the distinguished Senator from

rebellion is a mere amplification, which is of Kentucky [Mr. Davis] made those utterances no use, and will not help the strength of the which were suppressed in the Globe, in which

oath. he said that if he were President he would have

“Whatever test is thought proper as evidence and this Congress out and another in. Sir, this as proof of loyalty is a mere matter of detail, about Congress will not go out until it goes out by

which I care nothing.' the limitation of the term of its existence, and I do. then in every case probably, save my own, But let a man bo unmistakably and unguestionthose who have been true and faithful will ably loyal, let him acknowledge allegiance to the

Constitution of the United States, and be willing to receive from a grateful constituency the in: support the Government in its hour of peril and its dorsement, “Well done, good and faithful hour of need, and I am willing to trust him. (Apservant."

plause.]” Now, sir, I have examined the Baltimore “Applause." But who by? By that horde platform in view of the exposition made of it of anything but loyal men that surrounded him by the President himself; I have examined on that occasion. I will not call names, but I the passage of these two bills to see whether chanced to be here in the early days of this he was keeping on that track. I remarked rebellion, and I saw men shouting on the 22d yesterday, and I repeat, that I have said noth- of February who were not suspected of loyalty ing harsh of the President of the United States, at that time. * Applause. What for? The but there is something wrong, and I am look- test oath was to go. This mere amplification ing for it. I think I find it in his Washing- || amounted to nothing! Let me inform the diston's birthday speech. It is proper for me tinguished Senators from Wisconsin and Pennto say that during these struggles, when the sylvania that right there the gulf becomes as earth was heaving under our feet, and when wide, as deep, and as impassable as that benothing but the roar of cannon, the rattle of tween the rich man and Abraham's bosom. the drum, and the flash of steel was seen and Right there I stop. I never will vote to let one heard all around us, Congress in its wisdom of these rebels back here, on a simple oath to saw fit to pass a law prescribing an oath to support the Constitution, to seize the reins of guard against the return of red-handed rebels. power. Others may do as they please; but on It is known asethe test oath. My friend from the day of judgment, when I stand in judgment Wisconsin labored hard to show that the policy for the deeds done here, that sin shall not be of the present President was the policy of his || placed to my account. predecessor.

Sir, Mr. Lincoln heartily ap- I want to know if the distinguished Senator proved of that oath; he signed the bill pre

from Wisconsin desires this test oath repealed. scribing it; and I take it my friend from Wis- [Mr. DOOLITTLE shook his head.] Then I conconsin voted for it, as he does for most of the gratulate him that he and I agree on that point. measures passed here, or as he did at that | But, sir, this thing does not stop here. Å rectime. Now, in this birthday speech I see a ommendation has been sent here from the birth of something strange. Let me quote a Executive Mansion requesting the repeal or little from it. (Sutton & Murphy's Reporter, modification of this oath, upon the plea that No. 15, page 16.)

the men whom they want to place in power are “Trepeat, I am for the Union.”

covered all over with the stench of infamy,

and we are asked to let them up a little; some of them are not quite as bad as others. Sir, ever since the world began there have been two kinds of devils abroad, little devils and big ones, and the little devils have always been the most troublesome. (Laughter.]

Now, Mr. President, we have had the Baltimore platform and the birthday speech. We have had the utterances of the President upon that platform; and I am going to assume, without any disparagement to my friend from Wisconsin, that the President knew as well what the Baltimore platform was as he did. Now, I want my friend from Wisconsin to tell this Senate and the country wherein the policy of the present Administration—if you call the President alone the Administration-agrees with Lincoln's. Lincoln was a firm adherent of this test oath. He saw in it the anchor of our safety. While that existed the slip, however much tossed at her moorings, would be safely anchored in the haven of quiet and repose and safety. Sir, take away that anchor, and you will see these vacant seats filled by the men who vacated them with the avowed purpose of tearing this Government and rending it in pieces.

Mr. President, I remarked yesterday that I thought there was no blame to be attributed to Congress for not having acted more speedily. The work of restoring this country is a great work. The labor imposed upon the shoulders of this Congress is Herculean. They are to build up where treason has torn down. They are to heal these wounds as best they can. The man who had in his employ a person who had enveloped his house and his children in flames by the torch, and would take him back into his employ the next day, would be considered a fit subject for a lunatic asylum. The same rule of prudence, caution, and care should prevail here.

The wounds upon our institutions are everywhere seen. The blood yet oozes freely from wounds that never can be healed. And yet my distinguished friend from Wisconsin says we must take them in! Sir, there is a little example before us on this subject. In olden time a copperhead was found stiffened with frost. A humane husbandman, like my distinguished friend from Wisconsin, put him in his bosom to warm him and thaw him out.

What did the copperhead do? He stung him to death. After that example I do propose


of that breed shall find warming here. (Laughter.] My friend from Wisconsin, with his great gushing heart, wants to take such things in his bosom. Look out for your armpits. (Laughter.]

One thing more, sir, and I have done. I hope the Senate will pardon me for detaining them so long. I am alarmed at another doctrine that is broached by the distinguished Senators from Pennsylvania and Wisconsin, and they are not alone in it. It has got so here that we cannot discuss even a sanitary bill but the doctrine of State rights is brought up. The cholera is obliged to pay its respects to State lines. My friend from Wisconsin said the other day he was the advocate of State rights. So was Davis; so was Breckinridge; so was all this host of rebels that fled. It was that infernal lieresy, as illustrated and demonstrated by them, that lighted the torch of rebel. lion. State rights! Mr. Stephens believes in that doctrine yet, for he swears that he believes now that the States have the right of peaceful secession. State rights with proper limitations undoubtedly exist; but I protest against the latitudinarian construction given to that term by the Senator from Pennsylvania, and the Senator from Wisconsin, which would again light this country with the torch of rebellion.

Mr. COWAN. What other can you give that you are against, besides that of secession? Everybody is against that. What other one do you oppose?

Mr. NYE. I am against all of these pretended State rights that mar the harmony of the action of the Federal Government. What State right are you in favor of?


at all.

Mr. COWAN. All of them.

freedom itself and its perpetuation, I demand is true. As a mass they have been punished. Mr. NYE. Certainly; that is what I sup- caution in every step you take. Rush not Take the States and the people of the States posed, including secession and all others. madly on to any policy. See where your that have been engaged in this rebellion-I

Mr.' COWAN. No, sir. That is the fallacy strength lies and follow that. See where the speak of them as a mass—and they have already of the gentleman's argument: that because right lies, no matter whose policy it may be, | been punished sufficiently to satisfy a sense of secession is not a State right, and was not in- and follow it, though the heavens fall.

justice when considered by any wise statesman tended to be one, therefore all other State Sir, I entertain no fears for the future of or by any just-thinking man.

That there may rights are to be ignored and forgotten.

this country. It is written by the finger of be individuals who have been most deeply Mr. NYE. I am not going to stop now to Omnipotence Himself that this nation is to be engaged in this rebellion who still ought to be discuss in detail this doctrine of State rights, the freest, noblest, happiest nation of the prosecuted and brought to trial and punished because I do not think it would be profitable. I earth. Through whatever tribulations we may for their great crime, I do not doubt. For do not know that I can exactly describe, and I have to go I see through the mists and the more than six months there has been pending do not know that the Senator can exactly, what | fogs of the present its coming glory in the fu- in this body a bill to enable the courts, which he means by State rights. I speak of the inter- ture. This continent is destined and dedicated | alone can try these offenders, to obtain jurors pretation that has torn this Government in as the abode of a happy and free people. If which are necessary in order to have a jury fragments. They called it what we called it, our sufferings have not yet been sufficient to State rights. They not only held the right of bring us to the true consideration of what is I am sorry that the honorable Senator from these States to secede, but they denied the right demanded at our hands, it may be that we Nevada has left the Chamber, for after putof the General Government to force them to shall be called upon to wade through still ting to me so many pointed questions I desired remain in the Union. So held your great | deeper afflictions; but, sir, the spirit of this to put some to him. I put this question to Pennsylvania leader, the then President, with people will rise with the demand. It will carry the Senator, and those who sympathize with whose friends you seem to be acting pretty on to perfection the great work commenced by him: how many do you wish to hang? Anmuch now,

I hope my friend from Wisconsin our fathers here of making this the abode of swer the question. Sir, the men who are conwill not get the nightmare, State rights, firmly the free and the home of the oppressed- of tinually denouncing the Executive for not prosseated on him. Why do you not talk about every race and clime. [Applause in the gal. | ecuting and hanging the leaders of this rebelState wrongs? But å State can do no wrong; leries.]

lion have never yet ventured to say, and they it is only the barrier that is seen in this Gen- The PRESIDENT pro tempore.

There will not undertake to say, that this Govern. eral Government! I hope the Senator will must be order in the galleries, or they will ment could or should or ought to go into a not persist in this doctrine of State rights be cleared.

wholesale prosecution against those who have again. If he does, he will have to settle it with Mr. DOOLITTLE. Mr. President, I, too, been engaged in the rebellion. A very few his own conscience and with an enlightened like the honorable gentleman who has pre- prosecutions would satisfy even those who are constituency:

ceded me, have stood by the graves of the the most determined and bent upon the proseBut, Mr. President, “hurry'' seems now to martyred thousands. I, too, have had pressed cution of those who have been engaged in the be the word. “My policy” is immediate. upon me all the solemn considerations which rebellion. Three weeks ago I went over to Arlington he so eloquently portrays. I have stood where Is the Executive at fault for not entering heights. I counted there a great many graves, the Senator has not stood; I have stood over upon the punishment of those men? How and they told me there were fourteen thousand the grave of my first-born son, who fell a sac- should he punish them? Should he order their dead soldiers reposing upon the heights of rifice in this rebellion. I have been tried, not execution without any trial? I am sorry the Arlington. Early in May, 1861, I stood upon only by all the great considerations that can Senator has left his seat, but I wish to deal those heights, and there was not a grave there. move the statesman, but I have been tried by i with him frankly. I wish him to answer that The inquiry naturally arose in my mind, why the deepest emotions of the human heart. question. I ask those gentlemen who sympa. are so many here now? I found a quick and And standing over the grave of my best be- thize with what the Senator from Nevada has ready answer in a recurrence to the terrible | loved, the pride of my life, I have raised my said, and denounce the President for not bring. revolution of the last four years. There lie hand in the presence of Him who liveth and | ing these men to punishment, do you propose mingled the remains of rebels and the remains reigneth forever, and have sworn that I would that he shall execute them, as Commander-inof Union men. I noticed not unfrequently, as never give over the struggle till the rebellion Chief of the Army, without trial? Is there a I passed along, the inscription “unknown" on should be suppressed, the Union restored, and man in this body who would undertake to the head-board of the Union soldier. Sir, in peace and prosperity returned once more to say that? Is there one single man on the door behalf of that unknown soldier, I require pru- our country.

of this Senate who will say that the President dence at the hands of this Congress. There I Sir, I made hundreds of speeches, not so of the United States ought to take Jefferson got the inspiration, if I may use the expression, able as that of the honorable Senator who Davis, or any other person engaged in this of extreme caution. I stand here the advocate has preceded me, but in the same vein, while rebellion, and order him to be shot or hanged of that unknown soldier; and in his name and we were in a state of war. I made them to without trial? There is not a man, with all by his memory I demand of the Congress of nerve my countrymen to the conflict. I made this denunciation of the President, that dare the United States that they shall tread cau- them to fire their indignation. I made them stand up and say it. tionsly in this great work of binding up the to fill up the ranks of our Army, and rush our Then the question arises, how are they to wounds of the country. In the name of all the sons to the shock of battle. God Almighty! || be tried? Some, perhaps, will say by a courtdead, I demand it. In the name of mourning | Does not the Senator know the difference | martial or a military commission. The Sumillions, I require at the hands of everybody | between war and peace? We are not now in || preme Court have decided that civilians not who is engaged in this work to see to it that it the midst of war. Peace has come upon this engaged in the Army cannot be tried by a is done in such a way as to render a recurrence country, and the duties and responsibilities military commission or court-martial. What, of this terrible rebellion impossible. Stain not that rest upon us are those of peace, not of then, are you going to do about it? If the again the fair fields of this country with loyal When we had the responsibilities of war President, under these circumstances, should blood; rear no more hecatombs of loyal bones; upon us, and we

were bound to nerve every order a court-martial to try men who are not but stand here in this breach made by them, arm and strain all our power to overcome a civilians,' men who are not in the Army, and as the Romans stood, firm and determined that | gigantic rebellion, there was no argument, no condemn them, and sentence them, and shoot what you do shall be well done, and that it appeal, nothing that could be said to arouse or hang them, the President would be guilty shall not require doing again. If all these the indignation and fire the heart of the coun- of a high misdemeanor in the violation of the recollections are not enough, in the name of try, that we did not say. But now when peace Constitution of the United States. How. then, the martyred Lincoln I demand prudence at has come upon the country, shall we still go are they to be tried? They must be tried in the hands of the American Government. If on with speeches to wage war ? That is the the tribunals of justice. They must be inthat is not enough, I demand it in the name of question.I say that no principle of magna- || dicted; they must be brought before a court; the mangled living.

nimity demands or tolerates it; no principle they must be arraigned and tried as other men My friend from Wisconsin will pardon me, of wise statesmanship will justify it; no spirit are tried for the commission of offenses. I having great faith, as he says, in the final re- of Christianity can tolerate it for a moment. see that my honorable friend from Nevada is sult, it I call his attention to another view. Sir, I, too, like the honorable Senator, ex- now present, and I desire to put the question Sir, beyond the grave we shall meet an army pect to meet that train of martyred dead when to him, how many would you try, and in what of three hundred thousand dead, who will we all go to our final account; and the ques- manner would you try them? By military comnever again answer to roll-call on earth, but tion I expect to be called upon to answer at mission or in court? in the day of judgment they will be there. In that dread reckoning, will be, “In what man, Mr. NYE. Do you want me to answer now? their name and by their memory, by the im- ner have you treated a fallen and vanquished Mr. DOOLITTLE. I do. mortal death they died and lives they lived, I foe when he had surrendered ?" Shall I treat Mr. NYE. If the Senator will give me a demand. that Congress and every department him still as a foeman? Shall I treat him still day or two to make up a list of the number of this Government shall tread cautiously in with a spirit of vengeance; or shall I treat him that I would have hung, I will do it with pleasthis great work of reconstruction. Sir, my as a Christian, as a man? Sir, there is noth. I cannot name them now. mind is made up. Encounter whatever oppo- | ing in history, nothing in statesmanship, noth- Mr. DOOLITTLE. I do not ask the gen. sition it may, from whatever source, I will be ing in Christianity, which tolerates or justifies tleman to specify the names; how many, in prudent. By all the sacred recollections of the a spirit of unrelenting vengeance which would round numbers? past, I demand caution. By all that is gar- still undertake to slaughter by wholesale those Mr. NYE. I would hang enough to fulfill nered up in the rich treasure-house of the future, who have been engaged in rebellion.

the assertion of the President that treason I demand caution. In the name of liberty and But, sir, that the rebels should be punished || should be made odious.



Mr. DOOLITTLE. How many, in the opin- shall declare that when jurors are called, the military authorities? Who does not know that ion of the Senator, would be necessary? fact that a juror has formed an opinion based when an attempt was made to indict General Mr. NYE. Five or six.

upon public rumor, based upon newspaper .Lee, and the question was referred to General Mr. DOOLITTLE. Very well ; that an- reports, based upon the history of the times, Grant for decision, who made the negotiation swers one question. Now, I ask the honor- shall not exclude him from the jury box pro- with him, that General Grant spurned the idea able Senator, in what way would you try them; vided the judge is satisfied that notwithstanding that under the stipulations of that treaty Genby a military commission, or court-martial, or that bias of opinion he can still try the case eral Lee was to be disturbed as long as he would you try them in court?

and find a true verdict according to the evi: obeyed the conditions of the stipulation? I Mr. NYE. I want to answer that question dence. For six months that bill, introduced say again, banish from this Senate, banish from in two witys.

by myself, has been in this body with a view to every assemblage of honorable men this clamor, Mr. DOOLITTLE. I should like to have a try to avoid a very practical difficulty, so that | against the Administration for not trying and! direct answer.

some of these men could be brought to trial. executing the men who have been engaged in Mr. NYE. I should not have kept them Why, sir, let us take a practical case. Sup- this rebellion. until this issue had arisen as to how we should pose this, instead of being the Senate of the But the honorable Senator-I wish he were try them. I would have hung them then. If United States, was a court, and your honor was here-says and repeats it, “Where is Clement I had had my way I would have hung Jeff. the justice presiding, and we who are here C. Clay? Paroled; permitted to go to his home Davis, no matter how I tried him. When the present were all jurors summoned, and Jeff. in Alabama." I could turn him to the Senatwo great armies, that of General Sherman Davis were here, and put upon his trial, and tor from Massachusetts (Mr. Wilson] to anand the army of the Potomac, were mustered the men here were summoned one after another

swer where is Clement C. Clay, and why he out in this city, I would have had them formed to the jury-box, and the counsel of Jeff. Davis was paroled. I have here the recently pub. in a hollow square and hung him there, and should put the question to them, “ Have you lished letter of that Senator. I bring no charge the world would have said amen. I suppose formed or expressed any opinion upon the || against the Senator from Massachusetts for now we shall have to try him by law.

guilt or innocence of the accused ?"' what would writing this letter which I am about to read, Mr. DOOLITTLE. That is the answer of they answer? Is there an honest man who for he has become a convert to the new theory the Senator. I simply desired to get his opin- would not be obliged to say that from the his- of reconstruction invented by the other Senaion. His answer is, that he would have ordered tory of the times, from newspaper reports, tor from Nevada, (Mr. STEWART,] to wit, that Jeif. Davis to be executed without trial in the from his own information, he had formed an of universal amnesty. presence of the discharged soldiers of the grand opinion? Suppose the Senator from Nevada

"UNITED STATES SENATE CHAMBER." Army of the United States. Mr. President, I were asked whether he had formed an opinion. undertake to say that such a proceeding as that He would be compelled to say he had. I see

Yes, sir, from this very Chamber, within a on the part of the President of the United he is not now in his seat._ Suppose the Sena

few feet of where stood the Senator who at the States would be held to be murder by all the tor from Michigan (Mr. HowARD] was called.

top of his voice asked “Where is Clement C. enlightened judgment of the world. He would be compelled, as an honest man, to

Clay,' went forth the letter of appeal from But the Senator now goes further and says

the Senator from Massachusetts for his release: say that from what he had heard about it he that inasmuch as he was not executed without had formed an opinion that Jeff. Davis was

UNITED STATES SENATE CHAMBER, trial, executed first and tried afterward, it has | guilty. What would the judge say under this

WASHINGTON, March 3, 1806. gone on so far now that he thinks the proper | ruling? "Stand aside, sir. You would go

SIR: Mrs. Clay, the wife of Clement C. Clay, is now

in the city, and has requested me to obtain permismode of trial is to try him in a court of justice on from one Senator or juror to another until sion for her husband to go to his home on parole. according to law. We have advanced to that the whole panel was exhausted, and you could.

His father is said to be at the point of death, his point in the argument. His opinion is, and

mother recently deceased, and, if there be no objecnot get a jury at all. There is no loyal man tions or reasons unbeknown to me why the request we may understand, notwithstanding all this to be found that you could get upon a jury who of Mrs. Clay should be denied, I have no hesitation denunciation by the Senator of the President had not formed or expressed an opinion. Sir,

in recommending its favorable consideration, if only for not punishing these traitors, that he would

from motives of humanity, as I have no doubt Mr. you could not get a jury at all.

Clay will be forthcoming when his presence is again now have five or six of the leading rebels of Now, I ask the honorable Senator and those reguired by the Government. the country tried, and tried in court according who stand with him, is it advisable for the I have the honor to be, sir, very respectfully, your

obedient servant. to law. Sir, how will you do it? Can you try President of the United States to put Jeff.

H. WILSON. them in a court if the judge will not sit and Davis on his trial, when you are sure you can

To the PRESIDENT OF THE UNITED STATES. hold it? Has not the President for months not get a jury; when, if you put him to his There is an answer to the question. The been urging upon one of the justices of the trial he will be acquitted? Which is the best chairman of the Committee on Military Affairs Supreme Court, within whose jurisdiction Jeff. policy? I wish to have done with this eternal of this body, in the humanity of his nature, for Davis is, that he hold a court so that he can clamor and denunciation against the Execu- which I do not reproach him, made this powerbe tried; and has not the judge refused to tive for not bringing these men to trial. There ful appeal to the President of the United States hold the court upon the pretext that he desires is not, and there never was, and never can be that Clay should be released upon parole, and the question to come before Congress, for its conceived a charge so utterly groundless and pledged, so far as he could pledge himself for action in some shape, before he assumes to without the shadow of a foundation as this ihe honor of Mr. Clay, that he would return do it?

charge brought against the Administration for whenever the exigencies or the demands of the Mr. HOWARD. Mr. Presidentnot bringing these men to judgment.

Government required it. I say, then, away Mr. DOOLITTLE. If my honorable friend That is one point in the honorable Senator's with this denunciation against the Executive will allow me, as I am dealing with another discourse of to-day to which I call attention. because he has permitted this man, from huvery strong man, I do not wish to deal with There is another point. He is denouncing the manity's sake, to go upon his parole to the two strong men at once.

President for the exercise of the pardoning State of Alabama. Mr. HOWARD. I merely wish to correct power. There are thousands and thousands Mr. President, there seems to be a strange the Senator on that point.

of these men unpardoned. All the great lead- division in the opposition to the Republican Mr. DOOLITTLE. I must decline to yield ers of the rebellion are still unpardoned—not Administration arising here in Congress; and to the Senator. I am in the midst of an argu- merely the five or six whom the Senator would I presume gentlemen will take no offense if I ment, and do not like to be drawn off.

bring to judgment, but thousands upon thou- should classify this division that seems to spring Mr. HOWARD. I will reply hereafter. sands. They are to be found everywhere | up. First and foremost in Congress is that

Mr. DOOLITTLE. Without a judge to hold throughout the South. If he can conceive a distinguished and veteran old leader, a Reprea court, you cannot try one of these offenders. mode in which to bring them to trial, if he sentative from Pennsylvania, who leads one Not only a judge is necessary, but a jury is can aid in bringing them to trial, he will per- branch of this distracted opposition now maknecessary; and here arises a practical difficulty, form a better service, perhaps, than in denoun- ing war upon the Republican party. I refer how can you obtain a jury? Sir, you know, cing the Executive for not endeavoring to do to Hon. THADDEUS STEVENS. He is the leader everybody knows, that when you impanela what is both impossible and absurd for him to and chieftain of what I will denominate the jury, by the decisions of very many of the courts, undertake to do in the present state of the universal confiscation party. In this body by the decisions of Chief Justice Marshall in The responsibility rests not upon the stands the acknowledged leader of another the Burr trial, when you call a juror upon the Executive; nor do I rest under the responsi- wing of the opposition to the Republican party stand, and the question is whether he can sit bility of this charge. I have done all that I in the person of the honorable Senator from upon the jury or not, the question is raised | could do to secure the enactment of a statute Massachusetts, [Mr. SumnER,] which may be whether he has formed any opinion based upon which alone will authorize any of these men denominated the universal negro suffrage party. newspaper reports or information or history or to be put upon trial.

Then there is still another branch of this disIf he has formed any opinion in the It is sometimes charged that the men who tracted opposition, of which I may say the honcase he cannot sit on the jury. That is the were engaged in the military service, the offi. orable Senator from Nevada who has just taken rnling of several of the northern States, New cers of the rebel army, General Lee and others, his seat is the leader and chieftain-the hang. York, Massachusetts, Wisconsin, and others. might have been tried by a court-martial and ing party. And last, but not least, comes that Chief Justice Marshall, in the Burr trial, ruled l.executed. Who does not know that the very new party which, so far as I know, has yet in that same way. I believe those rulings are terms of surrender on which the rebel soldiers obtained in this body but one recruit-the party wrong ; but at the same time they are the rul- laid down their arms provided expressly that which is led by the other Senator from Nevada, ings of the courts upon that important ques- if they went to their homes and kept the peace [Mr. STEWART]—the universal amnesty and tion. How, then, can it be corrected? There and obeyed the laws and the Constitutior of universal suffrage party. is no way to correct it except by a law which

the country, they should not be disturbed by the We see these parties distracted, arrayed



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