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at Port Hudson, Mír. King, and Mr. Ray, act- cheerfully act with friends who have preserved understand that to be the rule; and if it is the ive and influential secessionists.
the unity of the Republic and achieved the rule, I am free to say I am not a party man Texas has not completed the work of recon- freedom of a race.
and never can be made one under any circunstruction and reorganization. Governor Ham- Mr. COWAN. Mr. President, it may be stances, and I think it would be a sorry day for ilton, one of the truest and noblest Union men well now to recur to the origin of this debate, the country and for the Senate if men were to of the South, and a few true and tried Union for it really seems to have no relation to the become so slavish as to do that thing. If this men are bravely struggling to make Texas loyal | subject-matter at present before the Senate. I || is a free country, and if it is to be governed to the Union and to liberty, but I fear they are rose yesterday to say to the honorable Sena- upon the great principles of liberty of which struggling in vain. In a few weeks the gov- tor from Massachusetts [Mr. Wilson] that I we hear so much, thought and opinion must be ernment of Texas will pass into the hands of thought he was in error in every way, polit- free; men must be as free to dissent as they unrepentant rebels, and disloyal men will be || ically as well as morally, in attempting to get are to agree, and as free to agree as they are selected to represent her in the Congress of the up a quarrel with the President of the United to refuse. What, then, does a man agree to United States. Of fourteen Senators chosen States, in assailing his motives, in expressing when he belongs to a party? As I understand in the States reconstructed under Mr. John- | apprehensions of his future conduct, and par- it, when a national convention meets it estabson's policy, two only, Governor Marvin and
ticularly in personally attacking him for two lishes certain principles, and the members of Judge Sharkey, can take the oath of office. appointments which he had made. I regretted the party, as gentlemen, agree to stand upon of the Representatives chosen from the seven the language which the Senator made use of those principles and abide by them. This is States, five only can take the oath prescribed both toward the President and toward the per- not positive. A man may change bis mind by the laws of the country:
sons to whom I have just referred. I stated even upon these principles, and when he does By the election of these Governors and Legis- what that language was; it was not denied at it, and honestly avows it, he honestly avows latures, these Senators and Representatives, that time, although there was a dubious shake himself out of the party. But as to every other the people of these States have manifested in of the head which might have been taken for a thing, not embraced in that platform, and as the most signal manner that they are unre
but I reiterated it, and I reiterate it to all other things to which he never assented, pentant though subjugated rebels. Tried, true, | again, and I have only to ask in this connec- I never heard that any gentleman was bound and loyal men are proscribed, hunted down, tion the candor of the gentleman himself to to lay down his private opinions and yield them put under the ban of public opinion. Can that confess that he has toned down his speech, and to a majority. “A majority may be right; it policy that has put down the loyal men of the that the “record” to which he appeals is not may be oftener right than a minority, but we rebel States and clothed rebels with power pass a witness who has not been tampered with on have no evidence of it heretofore in the history unquestioned by a patriotic people or their rep- this occasion.
of the world. resentatives? The late rebel States are a part Mr. WILSON. If the Senator will give way Now, I think it would not be very difficult of our common country, within the Union, sub- I will state that not a single word or line in for me to demonstrate that tbe honorable Senject to the authority of the Government. Their | reference to the President was touched in the ator from Massachusetts, according to the tenor people are as amenable to the laws of the coun- report. The Senator charged that I had ac- of his speeches, is to-day a Democrat. Why? try as they were the day they raised the stand- cused the President of betraying the party. The last half hour of the speech he has just ard of rebellion. They undertook to break up There is no such word there, nor anything like made was nothing but a verification of Demo the Union and establish a government of their | it. I was sure of it at the time and I looked cratic predictions. I am a Union man; I have own; they fought four years to dismember the
at the report and found that I was correct. If always been a Union man; and I was a Union Union, and they signally and ingloriously failed. the Senator will consult the reporter he will man because I had faith in the Union; and I These States are members of the Union, but find that he is mistaken,
not only had faith in the Union, but I had faith their practical relations with the Governinent Mr. COWAN. I ask the honorable Sena- in the people of the Union. I not only had are not yet completely established. The de- tor if he did not soften the charge against the faith in the people of the Union North, but I mand is now made and persistently pressed upon marshal of western Pennsylvania recently ap- had faith in the people of the Union South the country that these States that have defi- | pointed; whether he did not change the word and I have to-day. What was the burden of antly closen unrepentant secessionists shall be * penitentiary’ to prison ?''
the last half hour of the Senator's speech? It clothed with political power, that they shall Mr. ILSON. I did.
was to show that union is impossible. What come into these Chambers without any condi- Mr. COWAN. That is sufficient for my pur- were we told, at the outstart of the war, by the tions, qualifications, or reservations. I'rom the pose. I do not wish to enter into any personal Democrats?' They said, “You are all wrong Potomac to the Rio Grande, ninety-five out controversy with the Senator. He has a right in making war; you cannot preserve the Union of every hundred of the loyal men are ear. to do with his speeches as he pleases before || by war; you will only widen the breach, and nestly opposed to this demand. These loyal || they are sent to the country. I have no com- you will only make it more difficult than ever men of the South, wronged, outraged, and plaint whatever to make of that; but I think to compromise your differences.'
What was oppressed, are vehemently opposed to that it would be well in all cases where a contro- said by the Union men? They said, “The policy that allows rebels to mark and brand versy has arisen as to the identical words of a southern people are misled by factionists; they them for their fidelity to their country. Ten- Senator, he should leave his speech to be pub- have not had a fair opportunity of determining nessee, the President's own State, is strongly | lished according to the notes of the reporter. in this matter; a large majority of them have opposed to this policy which tends to make If I misunderstood the Senator from Massachu- always been in favor of the Union, and always treason respectable and loyalty “odious."' setts yesterday, I of course was willing to make | opposed to its disruption; if they are properly
When this presidential policy was inaugu- any retraction or apology which was necessary supported and properly treated, and the facrated the nation was comforted with the assur- in order to set him right. I thought I did not tionists are put down and the conspirators ance that it was but an experiment; that if it misunderstand him, and being positive in my routed in every direction, the people will come failed, the Congress, the representatives of the opinion at that time I asserted that he had | back to their allegiance if we treat them as we people, could correct all errors and mistakes. made use of that word which implied treachery | ought to treat our fellow-citizens and men with Dr. Seward more than once telegraphed that on the part of the President. I say it is enough, whom we expect to live in union and harmony; the final action was in the Congress of the Uni- though, that he admits that that speech has | they will behave very well, and everything will ted States; but when Congress met in December | undergone supervision in some of its parts. go on just as it did before." last, when it manifested its intention to inves- There would have been no dispute if the What was asserted in the Chicago plattigate, to examine, to exercise its high powers, President had not been attacked yesterday, if form of 1864, of which the honorable
Senator Democratic presses and politicians rained upon his appointees had not been attacked. It was complains? That the war was a failure. A Congress their fiercest maledictions. But Con- that attack which I met, and it was that error, failure in what way? That the war was a gress, cheered by the potential voice of the peo- as I conceived it, which I desired to correct. failure because it could not restore the Union. ple, has investigated and examined, and will, I | But, sir, this is not the first time, it is not the | The men who made the Chicago platform, trust, fearlessly discharge the high duties im- only time, that these attacks have been made. I suppose, were just as honest as the honor: posed upon it by the needs of the country. Let It is well known to the country that ever since able Senator himself, and I suppose they had Congress promptly submit to the people a con- the President announced that he was opposed quite as much stake in the Union. This is stitutional amendment not to pay the debts to the imposition of negro suffrage upon the another thing, I regret to hear, to have one incurred in support of the rebellion, not to pay southern States, but was willing to leave that half the people made out to be traitors. If I for four and a half million slaves emancipated, question to the States themselves, there has thought I lived in a community where one not to permit one man in the rebel States to been a systematic and continuous warfare upon half the people were traitors, or where one be equal in the Electoral College and in the him; and it is upon that question that the party half the people could not be trusted with the House of Representatives to two men in the is divided, if it be divided at all. My honora- || administration of the Government, I would loyal States, and to admit any rebel State when ble friend thinks it is not divided; and as it is | leave it. What did the men who met at Chiit accepts that amendment, and the people will not necessary to speculate on this point just at cago in 1864 say? They said the war was a sustain the action of the Thirty-Ninth Congress | this time, I will simply say that we shall all be failure. They did not mean to say that it was and elect another House of Representatives wiser about it after next fall.
a failure because it did not kill anybody, bethat will adhere with unwavering fidelity to the What is party fealty, Mr. President? What cause it was not full of great battles, beca 18e amendment till it shall become a part of the is the criterion as to whether a man is a good || it did not cover the earth with blood and slaughorganic law of the land. Most cheerfully would party man or as to whether he is a bad party | ter and desolation. They did not mean to say I accept the proposition of the Senator from man; whether he betrays his party or whether that; but they meant to say "Yo: cannot recNevada [Mr. STEWART] for impartial suffrage he is faithful to it? Is it that he always votes oncile your differences with the southern States and universal amnesty ; but if I cannot secure with the majority upon every question that is that great nieasure of justice and mercy, I will
in that way, and so far it is a failure." What submitted to the Senate? I certainly do not did the Union men say? "No; it is not a tail. ure; just wait until the war is over and then we and any speech, any utterance made with the honorable Senator have been with his tremenwill heal our differences, and we will unite as intent of establishing that fact to-day is dis- dous majority to-day that he talks about? Put before; everybody will be under the dominion union, and it is of the same kind with and will it in your platform in the coming election, and of the Constitution and the laws." That was have the same result as those speeches had I can show where he will be after the next what Union men said, and it was upon that and were intended to have at the outstart of election in Pennsylvania. I do not profess to theory that the war was conducted.
the rebellion, in which we were told, “Union know anything about Massachusetts, and indeed What then? The war is over; the southern is impossible; you cannot restore it by war." I do not profess to care a great deal. She is people submit, and submit to whom? Not to It is in the same spirit and will be followed by of great importance when newspapers are to be the honorable Senator from Massachusetts, or the same result as the declaration of the Chi- | printed and speeches are to be made; but when to the Senate of the United States, or to the cago platforin of 1864 that the war was a failure. the votes come to be counted she is not of so President of the United States, or to anybody Mr. President, as I stated before, this dis. much importance, and almost anybody can tell else. Nobody asked them to do so; they had cussion arose upon the question whether the a long while before hand what she is going to no right to do so; but they submit to the Con- President of the United States had been true do upon any question. Her people have a very stitution and the laws. If there is a rebel in to his party fealty. I asserted yesterday that large margin within which to display themthe South to-day you have his neck in your he had been, and I defied any gentleman to selves. If there is a hundred thousand major. halter. What more do you want? “Terms put his finger upon any part or parcel of the ity in favor of the Republican platform as do you say? What right has an officer of the Chicago or Baltimore platforms of 1860 and announced by her representatives, there is law, when a resisting felon yields himself, to 1864 respectively, the published platforms of plenty of room for a diminution without much talk to him about “terms?” The felon, the the party, to which he had not adhered liter
danger. vilest though he may be, covered with crimes ally and distinctly, and I say that he is stand- Mr. SUMNER. She is a sure State. of the deepest dye, has a right to say to the ing there upon them to-day, and I defy contra- Mr. COWAN. She is a sure State, but we officer, “Who imposes terms? I am under the diction. To make the matter short, I have to have a much narrower plank to travel on in law." These men are under the law; they say to the honorable Senator who boasts about Pennsylvania. Our people are divided in opinhave come back and done precisely what all the popularity of his wing of the party, and ion there; they do not all go one way. We have wise and good men, I think, said they would. about the strength he has with the people, that half a million voters, and I suppose
that eight They regret their folly. They have suffered he durst not now avow his principles, and he or ten thousand men will turn the scale one way and atoned for it. Talk about punishing! Was approached them very cavalierly even after he or the other, there ever a people so punished on earth before? was obliged in this present speech to allude to Mr. SUMNER. We are outspoken in MassaI ask Senators in all candor and sincerity, is them. What are they? Does he believe those chusetts. If you adopted Massachusetts ideas there a man on the earth who would be willing States are in the Union or out of the Union? | perhaps you would have the same majority. to inflict any further punishment upon the peo- Are they States or are they not States? Are Mr. COWAN. I do not know about that. ple as people? Is it not the law and the rule their people our vassals, or are they people hav- We have been entertaining Massachusetts ideas of history and of politics that war purges the ing the same rights that we have under the Con- for a very long while, and I must confess that people? What man ever attempted, and suc- stitution and the laws, subject to such punish- || they have never attained to any very warm receeded in the attempt, to punish a conquered ments as the laws inflict upon them? Is he inception there. Massachusetts is supposed, on people? Nobody. No just man of good sense favor of negro suffrage, or impartial suffrage, the part of the Teutonic tribes who inhabit the ever tried it, and no one ever tried it but what as he calls it? If so, I should like to meet him in State from which I come, to be somewhat vagafailed.
Pennsylvania where he has been talking to rious in her political notions, somewhat visionThen the rebellion is put down and we at- such multitudes upon that subject. I will ary. I suppose they have not yet forgotten the tempt to restore the Union. The honorable promise him a good reception there, and as time when you cut off the ears of our Quakers Senator from Massachusetts gets up and the handsome entertainment as a Pennsylvania for going up there and trying to propagate their whole burden of his speech here is to prove landlord can serve for the occasion; and they notions among you. It may be that that still that the Union cannot be restored, that the are famous for having good things to eat and sticks in the minds of our people. I do not southern people are just as bad as ever, that good places to stay at. Let that be avowed. know why it is, but they have not very high they are just as rebellious as ever, and that, in I have no quarrel with one who believes in regard for the politics of Massachusetts, nor, I fact, the rebellion exists there just the same universal negro suffrage; but announce it, may say, for its poetry, either, in Hiawatha. as it ever did, except that it is not carrying avow it, put it in your platform, and let us dis- But to come back; I am taken to task for the muskets, or standing behind cannon, or riding
votes which I gave during the war. I want sima trooper's horse. That is the argument. Now, Mr. SUMNER. I am for it.
ply to state a few of the things which guided I ask him wherein that differs from the Chi. Mr. COWAN. The other Senator from Mas- me during the war. In the first place, we were cago platform of 1864.
How far is he away sachusetts [Mr. Sumner] is for it, and he has in the war, and I was utterly and totally opposed really in opinion from his Democratic friends
He avows it. I have the highest re- to any discussion of the causes of the war; I who were in favor of that platform ? I cannot spect for him and his principles, and no diffi- was utterly and totally opposed to the discus. see it, I must confess; and, sir, what is more, culty whatever about them. But put it into sion of any of the issues which had divided the I am unwilling to verify that remarkable
pas. your platform. The President says that ques- people of the North in the past; and above all sage in that platform. I did not believe it at tion belongs to the States. Does it? Is it Ì thought it was of the utmost importance for the time it was made; I do not believe it now. solely within the province of a free State to every patriotic man to avoi
giving offense to I believe with my friend from Wisconsin (Mr. determine who shall be the depositaries of the Democratic party, constituting as it did Doolittle) that the Union will restore, and political power within that State? If it is, the about one half of the people. I was, morethat it will restore immediately, and that all President is right. If, however, the other over, opposed to every measure, no matter by that is necessary to restore it is for a few men States under this Confederacy and the powers whom concocted, that was calculated in any to forget their animosities, to turn their atten- which they enjoy under the Constitution have way, either directly or indirectly, proximately tion in a charitable direction instead of that of a right to amend it so as to take away from or remotely, to revive any dissensions between crimination. If it will not restore, why are we free States that power, then avow that, and put the Republican party and the Democratic party sitting here? If it is impossible to reconcile it down and make it your platform and stand during the war. And who did revive them? this difference between the loyal and the rebel- upon it. I have a right then, if I choose, to get If the Democratic party stands before the counlious States, if it is impossible that the hearts upon it, I suppose, but you have no right if I try to-day a great party, almost equal to yours, of these people can ever come into union with do not get upon it, to say that I have abandoned || by virtue of whose schemes does it stand there? us, what do we expect to come from it? Hold any previous platform. Nobody has a right to By virtue of whose projects? Upon what meat them as vassals, as conquered people? What
that I have not been faithful to my party did it feed? I can tell the honorable Senator; benefit shall we derive from that, and how long obligations because I do not happen to vote it fed upon the measures, and the very measwill you hold them? You will hold them pre- with the honorable Senator from Massachu- ures, which he blames me for opposing. About cisely as long as you have force to hold them setts [Mr. Wilson) and his friends.
the very first item of grand political capital and no longer. It is certainly not to be ex- Now, I will say further to that Senator that which was given to the Democrats of the North peeted that men of our race would submit to I was a member of the Republican party, the was the confiscation bill. Was Mr. Lincoln in any domination of any kind imposed upon party that adopted the Chicago platform of 1860, favor of that? Was that a measure of his? I them longer than that.
the party that denounced John Brown for his opposed it. Mr. President, the doctrine that the rebel raid into Virginia. The honorable Senator and Mr. CRESWELL. Let me ask the Senator States are in that condition, that their people his set as I call them-because I really think if Mr. Johnson did not advocate a very general are in that condition, is disunionism; instead they never had a party, they never amounted confiscation bill in some of his public speeches of reconstruction it is obstruction-I believe to more than an abolition society—the people in Tennessee. that was the word used by the Senator from who entertained the views and insisted upon the Mr. COWAN. I cannot tell anything about Wisconsin. Impregnate the people with tlrat doctrines which he says now ought to be the that. I was not talking about him in this conidea, satisfy them of its truth, and the Union doctrines of the American people, and perhaps || nection. is gone beyond a peradventure, because gen- it may be so, had no part or lot, with their Mr. CRESWELL. The gentleman will find tlemen will remember that a Union is not a extraordinary schemes and measures, in the that to be the case. thing of force, a Union is not a thing to be Chicago platform of 1860. I ask in all candor, Mr. COWAN. That may be imposed upon a people. A Union imposed suppose somebody at that time had mentioned Mr. CRESWELL. Especially in the speech upon a people is called by another name; it is in that platform, or could have got a plank in which he accepted his nomination. a yoke, and that yoke will be thrown off when- inserted in it, that the Republican party were
Mr. COWAN. The question is not what Mr. ever the first and litting opportunity occurs; in favor of negro suffrage, where would the Johnson did twenty years ago, or five years
ago, or six years ago, or at any other time; the consider Wendell Phillips as the outspoken, the Union? The man who supposes they were question now is, whether he stands upon the grand man of that party; he is the typical able to do so in the absence of their Governplatform of the Republican or Union party, its man of that party; and whether he wins or ment, which was not there to protect them, published, declared platform before the world. loses he has the advantage at least of speaking which had gone away and left them helpless I suspect that if gentlemen here were to go out his desires and his designs. There is no and defenseless in the face of that tide of back to their own old records in order to estab. concealment about Phillips, which is one good secession, has not reflected on the nature of lish a character for consistency, they would not trait in his character.
government enough to qualify him to govern succeed very well. I do not know, indeed, how I ask, then, instead of blinding the pilot with anybody. my friend from Maryland would succeed, for a storm of constitutional amendments, can we Allegiance and protection are reciprocal. .I if I have been correctly informed
not come back to something on which we can owe allegiance to the Government of the Uni.. Mr. CRESWELL. I think I could measure all agree? Can anything be more simple? We
ted States, and the Government of the United it squarely and fairly with the gentleman from have sworn to support the Constitution. Can
States owes me protection; and when I fall Pennsylvania.
not we agree upon that? We have compelled under the power of another organization, of a Mr. COWAN. That may all be. I do not the President to swear that he will see that the
third party, and I obey that party when the make the allusion for the purpose of reflecting laws shall be executed. Cannot we agree upon Government of the United States is not there upon the honorable Senator; but I have only that? The rebels have agreed to that, too;
to protect me, that Government is derelict, and to say that I found upon my table the other day || have they not? They have laid down their not me. There are men, I admit, strong, what purported to be a copy of resolutions, arms; they submit themselves to that same
sturdy, and willful enough even to stand up I think offered by him in his State, and which || authority; and your authority is established against a State organization and refuse obedilooked to me very strongly like secession, in | everywhere all over the States lately in rebel.
ence to it; but they are the rari nantes in gurthe early part of this difficulty. I do not blame lion.
gite vasto; they are the stray swimmers in that the Senator for that; I have no want of charity Now, if we could concoct a new measure pool. There are very few of them. Most for a man who fell into an error of that kind. upon which we could all agree, I would say | people submit to the authority that is over them,
Mr. CRESWELL. The gentleman of course that would be meritorious; but when you con- to its insignia and to its emblems, and espewill not blame me for that, inasmuch as I never coct measures, and cannot agree upon them, cially in this country where the General Govoffered such a resolution. I never offered a why persist in making them tests? As I unresolution which intimated that I or any part | derstand, there has been such a divergence themselves being in effect the governments
ernment is a confederacy of States, the States of the people of Maryland were in favor of between Agamemnon and Achilles, even so
most directly in contact with the people, and secession, and no such resolution was ever late as yesterday, that Troy is not likely to be to which they have been in the habit of looking adopted anywhere with my consent.
for the administration of their laws. Mr. COWAN. I do not know how that is. the captive of Achilles, and insists upon carry- I say, then, that it is one of the principles I only state this
fact to justify what I hinted. ing her away into captivity as his prize, not- of the Baltimore platform thatMr. CRESWELL. I say it is not a fact. withstanding by the laws of war she is claimed Mr. COWAN. It is a fact that the resolu- | by the other. That is significant, to start upon.
“Every good citizen should maintain the integrity
of the Union"tions are here and were put upon the desks of When the Achilles of the House and the members. It is not such a very great distance Agamemnon of the Senate divide and differ,
I suppose that meant that everybody in the but that the record, I suppose, may be found. such poor doctors as we are may well disagree, confers on him
Union should have the right which the Union Mr. CRESWELL. Not at all; the record and as we are all members of a common famcan be produced. ily, although belonging to different wings, why
"and tho permanent authority of the Constitution
and laws of the United States; and that, laying aside Mr. COWAN. I suppose the correctness is it that we cannot compromise and agree, all differences and political opinions, wo pledge ourof the resolutions laid upon our tables can be upon what? That of which above all other selves as Union men, animated by a common sentiverified. Now, Mr. President, let us see what things our country has reason to be proud, her
ment and aiming at a common object, to do everythe platform is, as announced at Baltimore; Constitution and her laws, and trust to time to
thing in our power to aid the Government in quelling
by force of arms the rebellion now raging against its let us get back to the platform. I do not know work out the proper results.
authority, and in bringing to the punishment due to who was the author of this instrument. I was The question is asked, why not try rebels
their crimes the rebels and traitors arrayed against it." not a member of that convention, nor was I and execute them? As I said before, surely Has the President violated any part of that? present, and therefore I have no means of no man can thirst for vengeance against com- Fix your tribunal; put your judge upon it; get knowing who the scrivener was; but I find in munities, against States, against people. How- your machinery ready, and five hundred chief that platform this first resolution:
ever much he might desire to see an individual criminals, with Jefferson Davis at their head, “ Resolved, That it is the highest duty of every mischievous rebel punished, surely the women or five thousand if you demand them, are at American citizen to maintain, against all their ene- and children and the Union men of the southmies, the integrity of the Union and the permanent
your service. I suppose it is not intended that authority of the Constitution and laws of the United
ern States have suffered their share for any the President should be common prosecutor; States.'
folly of which they may have been guilty in I suppose it is not intended that he should I think I do remember a time when, if a gen- this war, and especially so when we remember usurp the functions of the judiciary; and I tleman had offered that resolution in this body, that at the outstart of the war this Government suppose it is not intended but that the Amerhe would have been hooted at from all radical had forgotten its duty. What is a Government ican people now at this time are qualified to quarters as having Constitution on the brain.'' created and instituted for? It is that it shall
pass upon the question of crime.
I do not Yes, the platform declares that the highest duty || be a standing organization for the protection know but that perhaps I am wrong in saying is to maintain the integrity of the Union and of the people. If the people could get up a that; it is pretended that they are not qualified the authority of the Constitution and laws. I governmental organization as soon as a con- to play the part of public prosecutor; because bave insisted upon that always; I insist upon spirator could usurp an organization you could we passed a law the other day by which an office it now. It is the remedy that I suggest now put off having a Government until the contin- for that purpose was created so as to put in it for the difficulties under which the country gency happened ; but a Government is a stand somebody to play public prosecutor, but he was labors. The President has a plan of policy ; ing organization of the people, whose duty it not to prosecute traitors; he was not to prosewhat is it? The Constitution and the laws; is to protect the people against hostile and cute rebels; he was not to briæg them to crimthat is the whole of it. Certain gentlemen | usurping organizations seeking to rule them. inal punishment, but he was to punish judges here wish to introduce an entirely new plan ; In 1861 there were conspiracies against the Gen- and magistrates who did not put the negro on they wish to remodel the Constitution and they l eral Government all over the southern States. an equality with the white man before the laws wish to change the laws. Now, what ought to They were covered over with societies whose of the South. I say I suppose, however, that be done in a case of that kind, if men want to sole business it was to overawe and terrify the if rebels are to be punished, there are Amer. preserve the harmony of the party, if they are people, rendering necessary to them that very ican citizens of intelligence enough, love of satisfied that on the safety of the party depends protection which it was the duty of the Govern- country enough, desire enough to bring them the safety of the country? Is it not the most ment to afford them. What, under the circum- || through the ordinary channels of the adminisrational thing in the world that they should stances, did this Government do? Does any tration of justice into the clutches of the law; come back at once to some point where we sane man believe that if this had been a Gov- and I say on the part of the President, and I say could agree? You cannot make a party by ernment vigorous, concentrated with its forces, it for him, fix your tribunal, get your machincontinually introducing new schemes, as Wen- || knowing its duty, it would not have throttled ery ready, and you can have five hundred of dell Phillips said the other day, blinding the the rebellion upon the instant, that it would them to try to-morrow.
We will not be par: pilot with the storm of constitutional amend- not have dispersed the vigilance committees, | ticular about the selection; you can select ments, upon no one of which can any half a dissolved the order of the Lone Star, and
pun- them yourselves; but it is time that the blame dozen men agree. When a measure is intro- || ished as criminals all the men who were en- was thrown from his shoulders because he does duced as a party measure, and it cannot com- gaged in getting up the plot to overturn the not himself, in some way not known to the law, mand the undivided support of the party, the Union? The Government did not do this. It bring them to trial when it was utterly imposman who persists in it afterward is guilty of allowed itself to be kicked out of the posses- || sible, according to the decision of the Chief the division, and if division and separation and sion of seven States ignominiously. What, Justice of the United States, that he could do defeat results, it is to be attributable to him, then, was it expected that the people should | anything. These men could not, under his not to the slave who puts his head into the do? Was it expected that they were able to ruling, be put to trial unless you undertook to collar and follows with servility a majority. stand up against their State governments; that try them by military commissions; and that
I am asked by a Senator whether I belong they were able to resist the organized bands | the Supreme Court of the United States has to the Weruell Phillips party. I never be- of the various kinds of secessionists who were decided, and very properly, I think, to be longed to the Wendell Phillips party ; but I || plotting together for the dismemberment of || extra-judicial. If you can make out a case
before a military tribunal; if you have the evi- der being forbidden, bills of pains and penalties compel these people to observe the Constitudence by which you can show that these men are also forbidden.
tion and the law. Are you satisfied? If you violated the laws of war, then they are prop- The Constitution provides again that no ex want more you must put them on a footing to erly triable before a military tribunal. You | post facto law, no law shall be passed which treat with you, or else you must compel them cannot try them for treason before it. That is imposes a punishment upon an offense which to more; and when you compel them to more, pretty clear, I think.
was not the punishment due to the offense where is your right? I go on to the next resolution, which is also when it was committed. I know you do not Mr. President, it is said here that an attempt significant of the position which this party like the law. The law has been the bugbear has been made to reconcile with the President occupied in 1864:
all the way.
After a war of four or five years, of the United States. Why, sir, I can say that “That we approve the determination of the Gov- to get back to the Constitution and the law is this war upon the President is a war of that ernment of the United States not to compromise with difficult. Of course none of you want the law; society of which I spoke; I can say that its rebelş or to offer any terms of peace except such as may be based upon an unconditional surrender of
you do not appeal to the law; you appeal to inspiration comes not only from people in this their hostility and a return of their just allegiance the committee of fifteen; you appeal to a con- country, but one half of it comes from Eng. to the Constitution and laws of the United States.'' stitutional amendment; you appeal to some land, where one half of the society is; and I
That is right. If we had any right to make new regulation that is to be made. Why not can tell you, sir, that the programme of the war at all, our right was founded in the fact | appeal to the law? If a deprivation of polit- war upon the President was published in a that these people were bound by the Constitu- ical rights can be imposed upon a community, letter from England in one of the leading tion and laws. If we had any authority to where is the law for it, where is it found? It journals in this country written before this Constrike with the sword at all, that was the source is not found in our Coustitution ; it is not gress met, in which it was laid down that the . from which we derived it; and having struck found in the history of the country; it is not President must be attacked and that the Presfor that purpose, this resolution declares that found anywhere here; and this is a Govern- ident must be restrained even to the verge of it is fit and proper that nothing less shall sat- ment of written law.
I refer to a letter of Professor New. isfy us. Have they returned to their allegiance? Mr. EDMUNDS. May I ask my friend from man to a friend in this country. The professor Are they submissive to the Constitution and Pennsylvania if it is not found in the general is well known. The person to whom the letter the laws? Then they have accepted our terms. laws of nature, by which all communities are was written is unknown. If he is present, he can What is now proposed ? Now, it is proposed entitled to exclude from the functions of so- avow it. That letter was dated November to ratify the ordinances of secession next. ciety persons who are dangerous to it? 8, 1865, and it contains, not only the animus First you ratify the Chicago platform of 1864 Mr. COWAN. I am sorry that every man of this war upon the President, but it contains by declaring the war to be a failure and that in the nation is not fully and thoroughly im- exactly and particularly the animus of the the Union will not restore, and then you pro- | pregnated with the doctrine that there is no party who assail the President. pose to ratify the secession ordinances, you such thing as absolute power in this land. Com- "My dear friend”—and I may remark at the propose to treat these States as though they munities have power in a state of nature; but outstart that its tone is almost as lugubrious were out of the Union and to make terms with communities have found that when they dele- and doleful as that of my friend from Massathem in order that they shall come back. gate that power belonging to them in a state of chusetts when he tells us of his praying men Think of it! Make terms!
nature to parliaments, omnipotent parliaments, and women on their bended knees beseeching Mr. EDMUNDS. I should like to ask a parliaments abuse power; they found when Heaven to protect them against the President, question of my friend from Pennsylvania; | they delegated it to monarchs that monarchs or against the doubts of the President, whether, in his opinion, the political crime of abused the power; and our fathers when they “MY DEAR FRIEND: I confess that it makes me treason does not justly involve the political established this Government limited its powers, sorrowful to write to you. I havo indeed put it off punishment of a forfeiture of political rights and they said to their rulers, “You shall have
on that account." on the part of the traitor?
no power except that which we delegate to He had evidently been written to before and Mr. COWAN. I can answer that very dis- you." Now, I agree that if this was the Par
had not answered as promptly as was proper. tinctly, and without a moment's hesitation. liament of Great Britain, omnipotent, not bound
“In your war I was never gloomy. I did not lose
heart after Fredericksburg. But I am becoming The political crime of treason, or any other or fettered by any constitution of delegated
gloomy now. Nor can I get comfort from other minds. crime in this country, incurs just such forfeit- powers, we might do that; we might impose All whom I meet that were your warm friends in ure as the laws impose upon it, and no more upon a State the penalty of forfeiture of polit
the war are more or less sad, some direly so: but and no less; and I have no doubt that my ical rights for what we supposed was political
those who were your bitter enemies think President
Johnson very judicious,' and seem highly conlearned friend from Vermont will see in an treason. But that is not the case. It is not
tented.” instant that that is vital and is essential to the true. The law is different. This is a Govern- That is a favorite argument with this set, and very theory of our Constitution and laws. This ment of law, written, express law; and he who always has been; it is not a question what you is a Government of law, and not of arbitrary || attempts under it to exercise any authority or say or what you believe, but what does somewill on the part of anybody.
control whatever over his fellow-men, by way body else say. I suppose that nothing could Mr. EDMUNDS. I would remind my friend of punishment, must show that he has the law so far condemn a man in their eyes as that the that my question was whether, in his opinion, on his side.
Democratic party should approve of what he the political crime of treason did not justly But I was going on to state that the resolu- does. Why is that? I think a man should be involve the forfeiture of the political rights of tions of the Baltimore platform forbade any thankful for having the approval of an oppothe traitor as a theory of government. I was offer of terms to the States in rebellion. I am sition. I think it shows that his conduct is, as not discussing the question of indictments at opposed to-day to any offer of terms. When this writer says, "judicious," when even his law, but the general principles of government. you offer terms to your antagonist you mean political opponents approve it. Remember
Mr. COWÅN. Well, Mr. President, if the that he has a right to reject them. If you offer these men say they stood by Lincoln. Profeshonorable Senator means that the Congress of terms to the southern States, what do you sor Newman goes on to say : the United States can impose as a forfeiture mean? Do you mean that they may reject "You all had the fond hope-and in spite of Mr. upon a community for rebellion the loss of them? If you do not, it is a very strange prop
Lincoln's weakness, so had I--that this was to be your their political rights, I deny it in toto; and I osition of terms. And suppose they do reject
only civil war. You fought it with magnificent, un
sparing energy, in order to give peace forever to your deny further that the Congress of the United || them, what then? You have either to satisfy children. But the ghastly vision now rises over me, States can impose for any offense any punish- | yourselves with that which you have now, or and makes me sick, that you are doomed to follow ment whatever upon anybody. It is expressly you have to enforce your terms by another war.
in the bloody routine of the Old World. With us it
is an axiom, that kings have to be deposed and a provided in the Constitution that no bill of You make a war first to compel them to come dynasty exiled before they ccase to conspire against attainder shall be passed and no ex post facto | to the terms of the Constitution and laws, and the constitution." law made; and what for? For the very pur- then you make war to compel them to other That may be an axiom, but it has not proved pose of preventing that. What did the Parlia- and new terms!
true in Europe. The King generally goes back "ment of England do after a rebellion? It sat Mr. President, the common sense of the there, or has done so far. They roll their heads down and put the names of leading traitors into American people never will agree to reconcile sometimes off the scaffold, but they restore the an act of Parliament, Parliament being the itself with that doctrine; and to talk about son, or the heir in some way usually gets to the judge, being clothed with the judicial author- “indemnity for the past and security for the throne afterward. ity, and by an act of Parliament imposed the future" is as utterly idle as the idle wind that "Inow miserably forebode that you will have a civil penalties of treason upon all those named in it. blows about the very topmost dome of the war to decide whether President or Congress is to set That was a bill of attainder. It was called a Capitol. "Indemnity for the past and secu
the policy of the Union." bill of attainder when the blood of the persons | rity for the futựre” is well enough in foreign Here is the Englishman talking as good Mascharged with crimes was corrupted, when they wars and in disputes between foreign Govern- sachusetts doctrine as if he had been bred and could not inherit, when nobody could inherit ments; but who ever heard of a sovereign born there. You will have to have a civil war through them. If it imposed any less punish- || stipulating for terms with his rebellious suh. between the President and Congress in order ment it was called a bill of pains and penalties; jects? The terms are that you must submit to to determine who shall set the policy of the and if this Congress were to pass a bill by which the law; and when the rebellion is put down nation? Did not this writer know that the polany State in this Union or the people of any and you are in the grasp of the law, the law is icy was set in the convention at Baltimore? State were deprived of any of their rights as a satisfied. Offer terms to rebels! Terms to Did he not know that neither the President nor punishment, that would be, properly speaking, the rebel States! If you do that you ratify the Congress set policies here except each in its own a bill of pains and penalties. The Supreme ordinances of secession, and you admit that department? There was no policy about it. Court of the United States have decided that, they are out and that they are treating with The question was to compel a parcel of recalas the greater includes the less, bills of attain- you on equal footing. We made the war to citrant people to return to their obedience to
the Constitution and the laws. That was the our hands; we can check them at any stage, to the the Republican majority in Congress contented itself
end, and oblige them to correct their errors; we must question; but he assumes that there was to be
with merely tiding over temporary difficulties. Cam. be patient with them.'
paigns were planned and battles fought, not so much a war, and I will show you he advised it, too :
Does the President seriously say that when the for the purpose of crushing the rebellion as to carry "All is in train for it, unless the next Congress Federal troops are withdrawn, the State militia con- an election in New Hampshire or Pennsylvania, In sternly call the President to account. Nothing is stituted, State rights restored, you have any power all those eventful years the voice of & statesman was clearer than that he has pretended to do things ex- of 'obliging' the states to correct their errors' ex- not heard in the Halls of Congress, perimentally and provisionally, with the express aim cept by a new civil war? Mr. Seward (in same of so entangling matters that the Congress should paper) tells us at Auburn, for our comfort, that there
Think of the impudence of the fellow ! have no choice but to ratify all that he has done and cannot bc a new civil war, It is comforting to the [Laughter.] have no real direction of the public policy."
white race, but it is the knell of despair to the col- Mr. NYÉ. He had not read your speeches.
ored race.' The same doctrine that we hear continually,
Mr. COWAN. I believe the Senator from the same apprehensions, the same misappre
Do you want another war for the colored
Nevada was not in the Chamber at the time hensions, of the motives of the President, and
race? That seems to be this man's opinion. || alluded to. the same charge made against him of crimi- “It secures that the South shall be victorious,' as
"Not until Sumner, breaking the bonds of silence nal motive!
Wendell Phillips puts it; and from despair alone will
imposed upon him
by party discipline and the timid
policy of his associates, first took up the cause of the "It is just what Aberdeen or Palmerston have bring on you lasting disgrace, instead of that moral systeinatically done with the English Parliament, glory which you had all but carned: it might mako
people against the Administration on the question
of the final recognition of Louisiana, and defeated but would hardly dare to do in so terrible a crisis as your whole future as stained as that of bloody old
for the time the purposes of Mr. Lincoln, was there yours." Europe. This conversation of the President, follow
any action taken by the representatives of the Repubing on his heartless speech to the colored soldiers (so This, by the by, is exceedingly characterisunlike his Nashville speech, in October, 1861,) exhib
lican party commcnsurate to the occasions before
them. tic; this gentleman, as he goes along, cannot its him as one who cannot come right except by help taking a turn at his own Government. He external constraint; and Mr. Seward's speech is the
I believe that is the same learned Theban warrant that the whole Cabinet is going wrong. seems to have a universal disposition to scold
who has been doing mischief recently. (Have they corrupted him?) I see no possibility of and find fault, and never be satisfied with any. Congress bringing him right by a mere defensive
“All through the war they had allowed the policy thing; but that is characteristic of this class of policy; it must assume tho aggressive against him, to
of Mr. Lincoln to prevail, without one word of ingive it a chance of success. The mildest form of at
dignant public protest, with scarcely one instance of people. They seem never to be satisfied and tack, I think, would be to invite him to explain his
the exercise of their prerogatives as the sovereign never to know what they want. apparent neglect of the act of Congress which forbids
law-making power of the nation, to arrest the down"The first error was in not prosecuting Buchanan
any one who has been in overt rebellion to hold office ward course of public affairs." in the summer of 1861. The next was in enduring or draw pay from the Federal Government."
And so on; it is full of animadversions of Mr. Lincoln's Louisiana constitution, and his reply How many resolutions have we had in obe- that kind. to Congress that he meant to violate the confiscation
dience to that mandate? And was not the first Now, Mr. President, to get at the secret, act if he saw it to be for the public good." That ought not to have been endured! Mr. || President, exactly that kind of one? Was it
resolution offered this session, addressed to the what is at the bottom of all this? What is Lincoln should have been “sternly' restrained
wanted? What will satisfy this Liberty party at that point! not in pursuance of this suggestion?
of 1844, which has been so unfortunate and so
“Also, his allowing the reorganization of State much abused and so much thwarted from that "Out of President Lincoln's high-handed settle
militia should be solemnly denounced as initiating ment of affairs without Congress is developed the the means of a new rebellion."
day down to the present? What does it want present policy of President Johnson."
Mr. SAULSBURY. Will my honorable
to-day? If negro suffrage will satisfy it, say I suppose this is authority enough to show
If in addition to negro suffrage there must that the President is treading faithfully in the
friend allow me to ask him to whom that letter
be negro eligibility to office, say so, put it down, footsteps of his predecessor. It is so under:
Mr. COWAN. The person to whom it is
make it into a platform. If, in addition to all stood across the water, and that, I should addressed is unknown. It is written by Pro
that, in order to give effect to these rights conthink, would be conclusive of it.
ferred upon the negro, there must be social fessor Newman, from London, November 8, “The conduct of Louis Napoleon"1865. I could read much more of the same
equality, put it down and let us know it, let us I beg my friend's attention to this, because, || import, and if I had time I should be glad to
draw the lines, and it will not take very long perhaps, he has read it, and it is at the bottom
to determine with the people which wing of refresh the memory of my friend from Massaof his apprehensionschusetts by reading a few sentences from the
the party is the one they will favor, notwith"The conduct of Louis Napoleon in 1819, 1850, Anti-Slavery Standard written by a gentleman | that is now brought to bear under the name of
standing the immense amount of machinery 1851, shows what a President, elected by the people and independent of the Parliament for four years,
who signs himself L. B., and who is unquescan do if he have large patronage." tionably a man of ability and of great acute
the representatives of the party. There is the apprehension. There is that ness as a writer. He says:
Again, what is the condition of these States ?
Are they in or are they out? Put it down. which makes the knees tremble and the hand “The moral sense of the country, organized into
Are their people subject to us, subject to the unsteady; the fear that in this contest between
the Liberty party of 1814"the President on the one hand and Congress
That is the word I was struggling for some
will of the conqueror, subject to the political on the other, the President, with his patron- time ago--the Liberty party of 1844. That forfeitures of which the honorable Senator
from Vermont spoke? If that is a plank in age, may succeed. It is not very complimentwas the party
your platform, put it down. If the Union is ary to the people, I confess; but still a good "was weakened in the Free-soil movement of 1848, joke comes from the head of the table. and still further diluted in the Republican party of
dissolved, if it cannot exist any longer, put it 1851."
down; let the lines be drawn; but I say, until "He has unity of action"
Getting smaller and smaller and more beau- your programme is announced, until your platI hope he will have tifully less.
form is made, until you have stated your ulti"promptitude, continuity. Congress has factious
“In 1860 the first irreparably fatal step was taken and long debates and long vacation; and when it
mates, do not assail the President for leaving comes to debate, finds itself too late. Your Presi
by the nomination of Mr. Lincoln at Chicago. The his party, do not assail anybody else for leavdent's course (unless violently arrested) assures to
success of the Republican party, whoever its nomi- ing it, after having urged all the measures for you many years of instability and alarm, and there
nee, had already been insured. That success, a part fore many years of high expenditure and high of the prearranged programme of the secession con
having voted against which I have been taken patronage, during all which time you will become spirators, was predestined ”
to task, because every one of them is in direct accustomed to the Executive forestalling and super- It is hard to suppose that the Chicago con
violation of both the Chicago and the Baltiseding the legislative. Out of this it will be almost
vention of 1860 had any notice of that predes- more platforms. I may say that the principal a miracle if so vast an Executive do not like that of old Rome) involve you in another civil war, even tination, I think; and they were not to blame
item of our Chicago platform which has any if the negro question was to blow over in ten or for taking Mr. Lincoln on that account
relation to the politics of to-day is that the pertwelve years' time."
was in the air"
petuity of the Union depended on the mainteThat is the nitro-glycerine that is concealed
nance of the rights of the States, accompanied, in the cargo of the ship of state. Your pilot
as I said before, with a denunciation of old
was patent to the commonest political intelligence. is treacherous; he contemplates running her The heart of the country beat for Frémont.”
John Brown and his raid upon Virginia. Who upon the shoals; and he will do so and per- A good deal. It beat in 1864. It beat along || the President?
assails the rights of the States to-day? Is it haps destroy her, even if this combustible mafor Chase and for a good many people besides
Who attempts to hold them terial were not there ready to blow her to Mr. Lincoln, we were told. (Laughter.]
within the grasp of a bill of attainder or a bill pieces in ten or twelve years' time!
of pains and penalties by this Congress? Is it I will not detain the Senate much longer | Republican politicians declared him unavailable. “The heart of the country beat for Trémont, but
the President? Not at all. Sir, the men who with this. I only desire to give you this gen- Seward had openly apostatized upon his return from
stand by the President are those who stand by tlentau's advice to his friends here, and I beg Europe, and his nomination had happily becomeim- the principles announced in those platforms, the attention of Senators to it, because it seems possible. The perfidious pretense of a necessity for
and who have stood upon them; and it is the compromise,' the usual readiness of honest Repubthat it was followed :
licans to accede to 'conservativo' demands, gave us men who go away after false lights, who wan"As your President is not at all deficient in under- Lincoln."
der in dangerous places, who cook up Freed. standing, I do not like to tell you what I think of I wish they would concede a little now; we men's Bureau and civil rights bills, and who this sentence; but he might surely be asked by a negro to explain wherein is the virtue of such pamight perhaps succeed better.
get up all these things, to say the very least, tience. Sidney Smith would say that A exercises "The people accepted him upon trust, and have not of doubtful constitutionality, that depart from sublime patience with B, while B is tormenting C." yet learned how grievously they were deceived. Suc- the platforms.
That is a solecism that we have heard ceeding to the Government in 1861, the leaders of the matched here very frequently. In order to Republican party took hold of power with the feeble
Mr. President, I was taken to task here tograsp of men conscious of their unfitness to rule. day very strongly for voting against the repeal have this understood I must give the "sen- They waited for event they did not make or control of the fugitive slave law. I must confess I did tence'' here alluded to.
events. From 1861 to 1861, in a period of revolution
not expect that from my friend, That was "'If the southern States go wrong, the power is in forth the loftiest qualities of administrative ability,
the unkindest cut of all.” If I was in the
It is :