,illustration3 ,a4 ,w4 ,elson ,co4 ,boston3 ,,frederick ,,douglass ,statesman ,edition ,vol4 ,,xix ,charles ,sumner ,,his ,,complete ,,works ,with ,introduction ,,by ,,hon4 ,,george ,,frisbie ,,hoar ,illustration ,,boston ,,lee ,,and ,,shepard ,,mcm ,,copyright1 #ahhb1 ,,by ,,francis ,v4 ,,balch1 ,,executor4 ,,copyright1 #aijj1 ,,by ,,lee ,,and ,,shepard4 ,statesman ,edition4 ,,limited ,,to ,,one ,,thousand ,,copies4 ,,of ,,which ,,this ,,is ,no4 #cbj ,norwood ,press3 ,,norwood1 ,,mass41 ,u4,s4,a4 ,,contents ,,of ,,volume ,,xix4 ,,page ,,colored ,,schools ,,in ,,washington4 ,speech in the ,senate1 ,february #h1 #ahga #a ,,hon4 ,,john ,,covode1 ,,late ,,representative ,,of ,,pennsylvania4 ,speech in the ,senate1 on his ,death1 ,february #aj1 #ahga #ab ,,italian ,,unity ,,again4 ,letter to a ,public ,meeting at ,pittsburg1 ,pennsylvania1 ,february #ba1 #ahga #ae ,,violations ,,of ,,international ,,law1 ,,and ,,usurpations ,,of ,,war ,,powers4 ,speech in the ,senate1 on his ,san ,domingo ,resolutions1 ,march #bg1 #ahga #af ,,personal ,,relations ,,with ,,the ,,president ,,and ,,secretary ,,of ,,state4 ,,an ,,explanation ,,in ,,reply ,,to ,,an ,,assault4 ,statement prepared for ,presentation to the ,senate1 ,march1 #ahga #ii ,,the ,,ku-,,klux-,,klan4 ,speech in the ,senate1 on the ,bill to enforce the ,provisions of the ,fourteenth ,amendment to the ,constitution1 ,april #ac1 #ahga #abe ,,our ,,duty ,,against ,,wrong4 ,letter to the ,reform ,league1 ,new ,york1 ,may #h1 #ahga #aca ,,power ,,of ,,the ,,senate ,,to ,,imprison ,,recusant ,,witnesses4 ,speeches in the ,senate1 ,may #ah and #bg1 #ahga #acb ,,the ,,haytian ,,medal4 ,response to the ,letter of ,presentation1 ,july #ac1 #ahga #aed ,,equality ,,of ,,rights ,,in ,,public ,,schools4 ,letter to ,george ,w4 ,walker1 ,president of the ,board of ,school ,directors of ,jefferson1 ,texas1 ,july #bh1 #ahga #aeh ,,peace ,,and ,,the ,,republic ,,for ,,france4 ,remarks in ,music ,hall1 ,boston1 introducing ,m4 ,athanase ,coquerel1 of ,paris1 ,october #i1 #ahga #aei ,,the ,,great ,,fire ,,at ,,chicago1 ,,and ,,our ,,duty4 ,speech at ,faneuil ,hall1 at a ,meeting for the ,relief of ,sufferers at ,chicago1 ,october #aj1 #ahga #afa ,,rights ,,and ,,duties ,,or ,,our ,,colored ,,fellow-,,citizens4 ,letter to the ,national ,convention of ,colored ,citizens at ,columbia1 ,south ,carolina1 ,october #ab1 #ahga #afd ,,one ,,term ,,for ,,president4 ,resolution and ,remarks in the ,senate1 ,december #ba1 #ahga #afh ,,the ,,best ,,portraits ,,in ,,engraving4 ,article in 8,the ,city10 an ,illustrated ,magazine1 ,new ,york1 ,january #a1 #ahgb #age ,,equality ,,before ,,the ,,law ,,protected ,,by ,,national ,,statute4 ,speeches in the ,senate1 on his ,supplementary ,civil ,rights ,bill1 as an ,amendment to the ,amnesty ,bill4 ,january #ae1 #ag1 #ca1 ,february #e1 and ,may #ba1 #ahgb #bjc ,,colored ,,schools ,,in ,,washington4 ,,speech ,,in ,,the ,,senate1 ,,february #h1 #ahga4 ,on the motion of ,mr4 ,patterson1 of ,new ,hampshire1 ,chairman of the ,committee on the ,district of ,columbia1 to strike out from a bill relative to schools in the ,district the clause1-- 8,and no distinction1 on account of race1 color1 or previous condition of servitude1 shall be made in the admission of pupils to any of the schools under the control of the ,board of ,education1 or in the mode of education or treatment of pupils in such schools10-- ,mr4 ,sumner said3-- ,,mr4 ,,president1--,my friend1 the ,chairman of the ,committee1 says that this proposition is correct in principle4 ,but to my mind nothing is clearer than that where anything is correct in principle it must by inevitable law be correct in practice4 ,nobody here makes this law1--not the ,senate1 not ,congress4 ,by a higher law than any from human power1 whatever is correct in principle must be correct in practice4 ,i stand on this rule4 ,it is the teaching of all history2 it is the teaching of human life2 especially is it the teaching of our national experience during these latter eventful years4 ,how often have propositions been opposed in this ,chamber as correct in principle1 but not practical6 ,and how often what was correct in principle triumphed over every obstacle6 ,when the proposition for the abolition of ,slavery in the ,district was brought forward1 we were told that it was correct in principle1 but that it would not work well1--that it was not practical6 ,so when the proposition was brought forward to give the colored people the right to testify in court1 we were assured that it was correct in principle1 but that it would not be practical4 ,the same objection was made to the proposition that colored people should ride in the horse-cars2 and ,i was gravely told that white people would not use the cars1 if they were opened to colored people4 ,the proposition prevailed1 and you and others know whether any injury therefrom has been done to the cars4 ,then1 again1 when it was proposed to give the ballot to all1 it was announced that it might be correct in principle1 but that it was not practical2 and ,i1 ,sir1 was seriously assured by an eminent citizen that it would bring about massacre at the polls4 ,now that it is proposed to apply the same principle to the schools1 we are again assured1 with equal seriousness and gravity1 that1 though correct in principle1 it is not practical4 ,sir1 ,i take issue on that general proposition4 ,i insist that whatever is correct in principle is practical4 ,anything else would make this world a failure1 and obedience to the laws of ,god impossible4 ,the provision which my friend would strike out is simply to carry into education the same principle which we have carried into the court-room1 into the horse-car1 and to the ballot-box3 that is all4 ,if there be any argument in favor of the provision in these other cases1 allow me to say that it is stronger in the school-room1 inasmuch as the child is more impressionable than the man4 ,you should not begin life with a rule that sanctions a prejudice4 ,therefore do ,i insist1 especially for the sake of children1 for the sake of those tender years most susceptible to human influence1 that we should banish a rule which will make them grow up with a separation which will be to them a burden3 a burden to the white2 for every prejudice is a burden to him who has it2 and a burden to the black1 who will suffer always under the degradation4 ,with what consistency can you deny to the child equal rights in the school-room and then give him equal rights at the ballot-box8 ,having already accorded equal rights at the ballot-box1 ,i insist upon his equal right in the school-room also4 ,one is the complement of the other4 ,it is not enough to give him a separate school1 where he may have the same kind of education with the white child4 ,he will not have the same kind of education4 ,every child1 white or black1 has a right to be placed under precisely the same influences1 with the same teachers1 in the same school-room1 without any discrimination founded on his color4 ,you disown distinctions of sect3 why keep up those of color8 ,a great protection to the colored child1 and a great assurance of his education1 will be that he is educated on the same benches and by the same teachers with the white child4 ,you may give him what is sometimes called an equivalent in another school2 but this is not equality4 ,his right is to equality1 and not to equivalency4 ,he has equality only when he comes into your common-school and finds no exclusion there on account of his skin4 ,strike out this provision1 and you will say to the children of this ,district3 8,there is a prejudice of color which we sanction2 continue it2 grow up with it in your souls40 ,and worse still1 the prejudice which you sanction will extend from this centre over the whole country4 ,this is a centre1 and not a corner4 ,what we do here will be an example in distant places4 ,my friend says that this provision will hurt the schools4 ,pardon me2 he is mistaken4 ,it will help the schools4 ,everything that brings the schools into harmony with great principles and with divine truth must help them4 ,anything that makes them antagonistic to great principles and to divine truth hurts them4 ,strike out this provision1 and you hurt them seriously1 vitally1--you stab them here in the house of their friends4 ,in a bill to promote education you deal it a fatal blow4 ,sir1 as ,i cherish education1 as ,i love freedom1 as at all times ,i stand by human rights1 so do ,i cherish1 love1 and stand by this safeguard4 ,it is worth the whole bill4 ,strike it out1 and the bill is too poor to be adopted4 ,if it should be passed1 thus shorn1--,i say it1 ,sir1 because ,i must say it1--it will bring disgrace upon ,congress4 ,to the colored people here we owe1 certainly1 equality2 we owe to them the practical recognition of the promises of the ,declaration of ,independence2 and still further1 we must see that the common schools of this ,district are an example throughout the country4 ,we cannot afford to do less4 ,everywhere throughout the region lately cursed by ,slavery this dark prejudice still lingers and lowers4 ,from our vantage-ground here we must strike it1 and1 according to our power1 destroy it4 ,but if the proposition of my friend prevails1 you will encourage and foster it4 ,now1 ,sir1 against the statement of my friend1 the ,chairman1 ,i oppose the statement of experts1--,i oppose a statement which1 ,i venture to say here1 cannot be answered4 ,it is not my statement4 ,i should not venture to say anything like that of anything that ,i said4 ,i oppose a ,report made by the ,trustees of the ,colored ,schools in ,washington1 and ,i ask the attention of the ,senate to what ,i read4 ,it is a ,report made to the ,secretary of the ,interior1 ,december #ca1 #ahgj1 and communicated to the ,senate by the ,secretary1 ,january #ah1 #ahga4a ,under the head of 8,need of ,additional ,legislation0 the ,trustees of the ,colored ,schools express themselves as follows3-- 8,it is our judgment that the best interests of the colored people of this capital1 and not theirs alone1 but those of all classes1 require the abrogation of all laws and institutions creating or tending to perpetuate distinctions based on color1 and the enactment in their stead of such provisions as shall secure equal privileges to all classes of citizens4 ,the laws creating the present system of separate schools for colored children in this ,district were enacted as a temporary expedient to meet a condition of things which has now passed away40#b ,how wise is that remark6 ,these are colored men who wrote this4 ,they say3-- 8,the laws creating the present system of separate schools for colored children in this ,district were enacted as a temporary expedient to meet a condition of things which has now passed away40 ,that condition of things was a part of the legacy of ,slavery4 ,they then proceed3-- 8,that they recognize and tend to perpetuate a cruel1 unreasonable1 and unchristian prejudice1 which has been and is the source of untold wrong and injustice to that class of the community which we represent1 is ample reason for their modification4 ,the experience of this community for the last few years has fully demonstrated that the association of different races1 in their daily occupations and civic duties1 is as consistent with the general convenience as it is with justice4 ,and custom is now fully reconciled at this capital to the seating side by side of white and colored people in the railway car1 the jury-box1 the municipal and ,government offices1 in the city councils1 and even in the ,halls of the two ,houses of ,congress4 ,yet1 while the fathers may sit together in those high places of honor and trust1 the children are required by law to be educated apart4 ,we see neither reason nor justice in this discrimination4 ,if the fathers are fit to associate1 why are not the children equally so80#c ,i should like my honorable friend1 the ,chairman1 to answer that question1 when ,i have finished this ,report3 8,if the fathers are fit to associate1 why are not the children equally so80 ,the ,report then proceeds3-- 8,children1 naturally1 are not affected by this prejudice of race or color4 ,to educate them in separate schools tends to beget and intensify it in their young minds1 and so to perpetuate it to future generations4 ,if it is the intention of the ,united ,states that these children shall become citizens in fact1 equal before the law with all others1 why train them to recognize these unjust and impolitic distinctions80#d ,here ,i would interpose the further inquiry1 ,why will you make your school-house the nursery of prejudice inconsistent with the declared principles of your institutions8 ,the ,report proceeds3-- 8,to do so is not only contrary to reason1 but also to the injunction of ,scripture1 which says1 #8,train up a child in the way he should go1 and when he is old he will not depart from it4'0#e ,and yet1 could my friend prevail1 he would train up a child in the way he should not go2 but he would not1 ,i know1 encourage him in this prejudice4 ,the ,report proceeds3-- 8,objection to the step here recommended has been made on the ground of expediency4 ,every advanced step in the same direction has been opposed on the same superficial allegation4 8,the right of the colored man to ride in the railway cars1 to cast the ballot1 to sit on the jury1 to hold office1 and even to bear arms in defence of his country1 has encountered the same objection4 ,we are confident that it will prove of no greater weight in the present case than it has in the others4 ,there is no argument for equality at the ballot-box1 in the cars1 on the jury1 in holding office and bearing arms1 which is not equally applicable in the present case4 ,we may go further1 and insist that equality in the other cases requires equality here2 otherwise the whole system is incomplete and inharmonious40#f ,now my friend1 the ,chairman1 would make the system incomplete and inharmonious4 ,he would continue here at the base that discord which he would be one of the last to recognize in the higher stages4 ,the ,report proceeds3-- 8,it is worthy of note in this connection1 that some of the most distinguished men in literary1 social1 and political circles in this section of the country have recently1 in setting forth their claims to be considered the best and truest friends of the people of color1 taken pains to inform the public that they were reared with colored children1 played with them in the sports of childhood1 and were even suckled by colored nurses in infancy2 hence1 that no prejudice against color exists on their part4 ,if this be so1 then with what show of consistency or reason can they object to the children of both classes sitting side by side in school8 8,that the custom of separation on account of color must disappear from our public schools1 as it has from our halls of justice and of legislation1 we regard as but a question of time4 ,whether this unjust1 unreasonable1 and unchristian discrimination against our children shall continue at the capital of this great ,republic is for the wisdom of ,congress to determine4 8,we deem it proper to add1 that a bill now before the honorable ,senate1 entitled #8,a bill to secure equal rights in the public schools of ,washington and ,georgetown1' 7,senate1 ,no4 #cfa1 ,forty-,first ,congress1 ,second ,session17 reported to that body ,may #f1 #ahgj1 by ,mr4 ,senator ,sumner1 meets our approbation4 ,it is plain and simple1 and prescribes the true rule of equality for our schools4 ,this bill is in the nature of a #8corner-stone4'0#g ,this ,report1 so honorable to these ,trustees1 showing that they have a true appreciation of principle1 also of what they owe to themselves and their race1 and ,i trust also a true appreciation of what they may justly expect from ,congress1 concludes as follows3-- 8,in conclusion1 the ,trustees suggest that those equal educational advantages to which all children are entitled1 in accordance with the great principle of ,equality before the ,law1 can be obtained only through the common school1 where all children meet together in the enjoyment of the same opportunities1 the same improvements1 and the same instructions4 ,whatever then is done for white children will be shared by their colored brethren1 and all shall enjoy the same care and supervision40#h ,this is signed1 8,william ,syphax1 ,william ,h4 ,a4 ,wormley1 ,trustees of ,colored ,schools40 ,there is then a ,minority ,report1 signed1 8,charles ,king1 ,trustee of ,colored ,schools of ,washington and ,georgetown10 dissenting in some respects from the ,majority ,report1 but conciding with it absolutely on this most important question4 ,from the ,minority ,report ,i read as follows3-- 8,in reference to schools of mixed races ,i think a difference of opinion may exist among the real friends of the colored people2 but the time is rapidly approaching when this discrimination must be obliterated all over our country1 and ,i know of no better locality in which to make a beginning than in the ,district of ,columbia1 and no better time than the present40#i ,sir1 these are wise words4 ,that is well put2 whatever may be the difficulties elsewhere1 they should not be allowed to prevail here4 ,this member of the ,board knows 8no better locality in which to make a beginning than in the ,district of ,columbia1 and no better time than the present40 ,he then proceeds3-- 8,let all discrimination on account of color be avoided in the public schools of ,washington1 let them be amply provided for in respect to funds and teachers1 and a very few years will see the example followed all over our free country4 ,the colored race will feel the stimulating effects of direct competition with the white race1 their ambition and self-respect will grow under its influence and add dignity to their character1 and rapidly develop a style and type of manhood that must place them on an equality with any of the other races of men4 8,we have seen this prejudice die out on the field of battle1 where white and colored have fought together for the same flag4 ,it has been met and conquered at the ballot-box and in the halls of our local and general ,legislatures1 and why should it not receive the same fate in our school-rooms8 ,why educate ,american youth in the idea that superiority exists in the color of the skin1 when our ,declaration of ,independence1 of which we boast so much1 flatly contradicts it80#aj ,now1 ,sir1 ,i might well leave this whole question on this remarkable statement by these colored ,trustees4 ,they have spoken for themselves1 for their race1 and for us4 ,who can speak better8 ,i know not if anything can be added to their ,reports4 ,i content myself with one further word1 concluding as ,i began4 ,the ,senator from ,new ,hampshire finds the principle correct1 but not practical4 ,to that ,i say1 ,try it4 ,try the principle1 and it will be found practical4 ,it will work4 ,never was there any correct principle that would not work4 ,i know it is sometimes said that white parents would not send their children to the schools4 ,how long would that be8 ,one week1 two weeks1 one month1 two months4 ,some might do so possibly for a brief time1 just as for a brief time white persons refused to enter the street cars when they were opened to colored persons4 ,it did not last long4 ,according to my experience1 men are not in the habit of biting off their own noses for any very long time4 ,life is too short to prolong this process2 and ,i do not believe that the people of the ,district of ,columbia would reject for their children the advantages of the common schools simply because these schools were brought into harmony with the promises of the ,declaration of ,independence4 ,,hon4 ,,john ,,covode1 ,,late ,,representative ,,of ,,pennsylvania4 ,,speech ,,in ,,the ,,senate1 ,,on ,,his ,,death1 ,,february #aj1 #ahga4 ,,mr4 ,,president1--,i venture to interpose a brief word of sincere homage to the late ,,john ,,covode4 ,i call him ,john ,covode1 for so ,i heard him called always4 ,others are known by some title of honor or office1 but he was known only by the simple name he bore4 ,this familiar designation harmonized with his unassuming life and character4 ,during his long service in ,congress ,i was in the ,senate1 so that ,i have been his contemporary4 ,and now that he has gone before me1 ,i owe my testimony to the simplicity1 integrity1 and patriotism of his public life4 ,always simple1 always honest1 always patriotic1 he leaves a name which must be preserved in the history of ,congress4 ,in the long list of its members he will stand forth with an individuality not to be forgotten4 ,how constantly and indefatigably he toiled the records of the other ,house declare4 ,he was a doer rather than a speaker2 but is not doing more than speech1 unless in those rare cases where a speech is an act8 ,but his speech had a plainness not without effect1 especially before the people1 where the facts and figures which he presented with honest voice were eloquent4 ,the ,rebellion found this faithful ,representative in his place1 and from the first moment to the last he gave to its suppression time1 inexhaustible energy1 and that infinite treasure1 the life of a son4 ,he was for the most vigorous measures1 whether in the field or in statesmanship4 ,slavery had no sanctity for him1 and he insisted upon striking it4 ,so also1 when the ,rebellion was suppressed1 he insisted always upon those ,equal ,rights for ,all1 without which the ,declaration of ,independence is an unperformed promise1 and our nation a political bankrupt4 ,in all these things he showed character and became a practical leader4 ,there is heroism elsewhere than on fields of battle1 and he displayed it4 ,he was a civic hero4 ,and here the bitterness which he encountered was the tribute to his virtue4 ,in doing honor to this much-deserving servant1 ,i cannot err1 if ,i add that nobody had more at heart the welfare of the ,republican ,party1 with which1 in his judgment1 were associated the best interests of the ,nation4 ,he felt1 that1 giving to his party1 he gave to his country and to mankind4 ,his strong sense and the completeness of his devotion to party made him strenuous always for those commanding principles by which ,humanity is advanced4 ,therefore was he for the unity of the party1 that it might be directed with all its force for the good cause4 ,therefore was he against outside and disturbing questions1 calculated to distract and divide4 ,he saw the wrong they did to the party1 and1 in the relation of cause and effect1 to the country4 ,and here that frankness which was part of his nature became a power4 ,he was always frank1 whether with the people1 with ,congress1 or with the ,president4 ,i cannot forget his frankness with ,abraham ,lincoln1 who1 you know1 liked frankness4 ,on more than one occasion1 with this good ,president his frankness conquered4 ,honorable as was such a victory to the simple ,representative1 it was more honorable to the ,president4 ,his honest indignation at wrong was doubtless quickened by the blood which coursed in his veins and the story which it constantly whispered4 ,he was descended from one of those 8,redemptioners10 or indented servants1 transported to ,pennsylvania in the middle of the last century1 being a species of white slaves1 among whom was one of the signers of the ,declaration of ,independence4 ,the eminence which ,john ,covode reached attests the hospitality of our institutions1 and shows how character triumphs over difficulties4 ,with nothing but a common education1 he improved his condition1 gained riches1 enlarged his mind with wisdom1 and won the confidence of his fellow-citizens1 until he became an example4 ,the death of such a citizen makes a void1 but it leaves behind a life which in itself is a monument4 ,,italian ,,unity ,,again4 ,,letter ,,to ,a ,,public ,,meeting ,,at ,,pittsburg1 ,,pennsylvania1 ,,february #ba1 #ahga4 ,,washington1 ,february #ba1 #ahga4 ,,dear ,,sir1--,i cannot be at your meeting1 but there will be none among you to rejoice in ,italian ,unity more than ,i do4 ,long has it been a desire of my heart4 ,may it stand firm against all its enemies1 especially its greatest enemy1 the temporal autocracy of the ,pope6 ,faithfully yours1 ,,charles ,,sumner4 ,,felix ,r4 ,,brunot1 ,,esq41 ,chairman4 ,,violations ,,of ,,international ,,law1 ,,and ,,usurpations ,,of ,,war ,,powers4 ,,speech ,,in ,,the ,,senate1 ,,on ,,his ,,san ,,domingo ,,resolutions1 ,,march #bg1 #ahga4 ,the official returns to ,mr4 ,sumner's resolutions of ,december #i1 #ahgj1 and ,february #ae1 #ahga1 calling for the documents in the ,state and ,navy ,departments relative to the case of ,san ,domingo1#aa gave occasion to the introduction by him1 ,march #bd1 #ahga1 of a series of resolutions1 subsequently amended to read as follows3-- ,resolutions regarding the employment of the ,navy of the ,united ,states on the coasts of ,san ,domingo during the pendency of negotiations for the acquisition of part of that island4 ,whereas any negotiation by one nation with a people inferior in population and power1 having in view the acquisition of territory1 should be above all suspicion of influence from superior force1 and in testimony to this principle ,spain boasted that the rencorporation of ,dominica with her monarchy in #ahfa was accomplished without the presence of a single ,spanish ship on the coast or a ,spanish soldier on the land1 all of which appears in official documents2 and whereas the ,united ,states1 being a ,republic founded on the ,rights of ,man1 cannot depart from such a principle and such a precedent without weakening the obligations of justice between nations and inflicting a blow upon ,republican ,institutions3 ,therefore1-- #a4 ,resolved1 ,that in obedience to correct principle1 and that ,republican ,institutions may not suffer1 the naval forces of the ,united ,states should be withdrawn from the coasts of ,san ,domingo during the pendency of negotiations for the acquisition of any part of that island4 #b4 ,resolved1 ,that every sentiment of justice is disturbed by the employment of foreign force in the maintenance of a ruler engaged in selling his country1 and this moral repugnance is increased when it is known that the attempted sale is in violation of the ,constitution of the country to be sold2 that1 therefore1 the employment of our ,navy to maintain ,baez in usurped power while attempting to sell his country to the ,united ,states1 in open violation of the ,dominican ,constitution1 is morally wrong1 and any transaction founded upon it must be null and void4 #c4 ,resolved1 ,that since the ,equality of ,all ,nations1 without regard to population1 size1 or power1 is an axiom of ,international ,law1 as the ,equality of ,all ,men is an axiom of our ,declaration of ,independence1 nothing can be done to a small or weak nation that would not be done to a large or powerful nation1 or that we would not allow to be done to ourselves2 and therefore any treatment of the ,republic of ,hayti by the ,navy of the ,united ,states inconsistent with this principle is an infraction of ,international ,law in one of its great safeguards1 and should be disavowed by the ,government of the ,united ,states4 #d4 ,resolved1 ,that since certain naval officers of the ,united ,states1 commanding large war-ships1 including the monitor ,dictator and the frigate ,severn1 with powerful armaments1 acting under instructions from the ,executive1 and without the authority of an ,act of ,congress1 have entered one or more ports of the ,republic of ,hayti1 a friendly nation1 and under the menace of open and instant war have coerced and restrained that republic in its sovereignty and independence under ,international ,law1--therefore1 in justice to the ,republic of ,hayti1 also in recognition of its equal rights in the ,family of ,nations1 and in deference to the fundamental principles of our institutions1 these hostile acts should be disavowed by the ,government of the ,united ,states4 #e4 ,resolved1 ,that under the ,constitution of the ,united ,states the power to declare war is placed under the safeguard of an ,act of ,congress2 that the ,president alone cannot declare war2 that this is a peculiar principle of our ,government by which it is distinguished from monarchical ,governments1 where power to declare war1 as also the treaty-making power1 is in the ,executive alone2 that in pursuance of this principle the ,president cannot1 by any act of his own1 as by an unratified treaty1 obtain any such power1 and thus divest ,congress of its control2 and that therefore the employment of the ,navy without the authority of ,congress in acts of hostility against a friendly foreign nation1 or in belligerent intervention in the affairs of a foreign nation1 is an infraction of the ,constitution of the ,united ,states1 and a usurpation of power not conferred upon the ,president4 #f4 ,resolved1 ,that while the ,president1 without any previous declaration of war by ,act of ,congress1 may defend the country against invasion by foreign enemies1 he is not justified in exercising the same power in an outlying foreign island1 which has not yet become part of the ,united ,states2 that a title under an unratified treaty is at most inchoate and contingent while it is created by the ,president alone1 in which respect it differs from any such title created by ,act of ,congress2 and since it is created by the ,president alone1 without the support of law1 whether in legislation or a ratified treaty1 the employment of the ,navy in the maintenance of the ,government there is without any excuse of national defence1 as also without any excuse of a previous declaration of war by ,congress4 #g4 ,resolved1 ,that whatever may be the title to territory under an unratified treaty1 it is positive that after the failure of the treaty in the ,senate all pretext of title ceases1 so that our ,government is in all respects a stranger to the territory1 without excuse or apology for any interference against its enemies1 foreign or domestic2 and therefore any belligerent intervention or act of war on the coasts of ,san ,domingo after the failure of the ,dominican treaty in the ,senate is unauthorized violence1 utterly without support in law or reason1 and proceeding directly from that kingly prerogative which is disowned by the ,constitution of the ,united ,states4 #h4 ,resolved1 ,that in any proceedings for the acquisition of part of the island of ,san ,domingo1 whatever may be its temptations of soil1 climate1 and productions1 there must be no exercise of influence by superior force1 nor any violation of ,public ,law1 whether ,international or ,constitutional2 and therefore the present proceedings1 which have been conducted at great cost of money1 under the constant shadow of superior force1 and through the belligerent intervention of our ,navy1 acting in violation of ,international ,law1 and initiating war without an ,act of ,congress1 must be abandoned1 to the end that justice may be maintained1 and that proceedings so adverse to correct principles may not become an example for the future4 #i4 ,resolved1 ,that1 instead of seeking to acquire part of the island of ,san ,domingo by belligerent intervention without the authority of an ,act of ,congress1 it would have been in better accord with the principles of our ,republic and its mission of peace and beneficence1 had our ,government1 in the spirit of good neighborhood and by friendly appeal1 instead of belligerent intervention1 striven for the establishment of tranquillity throughout the whole island1 so that the internal dissensions of ,dominica and its disturbed relations with ,hayti might be brought to a close1 thus obtaining that security which is the first condition of prosperity1 all of which1 being in the nature of good offices1 would have been without any violation of ,international ,law1 and without any usurpation of ,war ,powers under the ,constitution of the ,united ,states4 ,on these ,resolutions ,mr4 ,sumner1 ,march #bgth1 spoke as follows3-- ,,mr4 ,,president1--,entering again upon this discussion1 ,i perform a duty which cannot be avoided4 ,i wish it were otherwise1 but duty is a taskmaster to be obeyed4 ,on evidence now before the ,senate1 it is plain that the ,navy of the ,united ,states1 acting under orders from ,washington1 has been engaged in measures of violence and of belligerent intervention1 being war without the authority of ,congress4 ,an act of war without the authority of ,congress is no common event4 ,this is the simplest statement of the case4 ,the whole business is aggravated1 when it is considered that the declared object of this violence is the acquisition of foreign territory1 being half an island in the ,caribbean ,sea1--and still further1 that this violence has been employed1 first1 to prop and maintain a weak ruler1 himself a usurper1 upholding him in power that he might sell his country1 and1 secondly1 to menace the ,black ,republic of ,hayti4 ,such a case cannot pass without inquiry4 ,it is too grave for silence4 ,for the sake of the ,navy1 which has been the agent1 for the sake of the ,administration1 under which the ,navy acted1 for the sake of ,republican ,institutions1 which suffer when the ,great ,republic makes itself a pattern of violence1 and for the sake of the ,republican ,party1 which cannot afford to become responsible for such conduct1 the case must be examined on the facts and the law1 and also in the light of precedent1 so far as precedent holds its torch4 ,when ,i speak for ,republican ,institutions1 it is because ,i would not have our great example weakened before the world1 and our good name tarnished4 ,and when ,i speak for the ,republican ,party1 it is because from the beginning ,i have been the faithful servant of that party and aspire to see it strong and triumphant4 ,but beyond all these considerations is the commanding rule of ,justice1 which cannot be disobeyed with impunity4 ,,the ,,question ,,stated4 ,the question which ,i present is very simple4 ,it is not1 whether the acquisition of the island of ,san ,domingo1 in whole or part1 with a population foreign in origin1 language1 and institutions1 is desirable1 but whether we are justified in the means employed to accomplish this acquisition4 ,the question is essentially preliminary in character1 and entirely independent of the main question4 ,on the main question there may be difference of opinion3 some thinking the acquisition desirable1 and others not desirable2 some anxious for empire1 or at least a sanitarium1 in the tropics1--and others more anxious for a ,black ,republic1 where the ,african race shall show an example of self-government by which the whole race may be uplifted2 some thinking of gold mines1 salt mountains1 hogsheads of sugar1 bags of coffee1 and boxes of cigars1--others thinking more of what we owe to the ,african race4 ,but whatever the difference of opinion on the main question1 the evidence now before us shows too clearly that means have been employed which cannot be justified4 ,and this is the question to which ,i now ask the attention of the ,senate4 ,,reason ,,for ,,interest ,,in ,,the ,,question4 ,here1 ,sir1 ,i venture to relate how and at what time ,i became specially aroused on this question4 ,the treaty for the annexion of the ,dominican people was pending before the ,senate1 and ,i was occupied in considering it1 asking two questions3 first1 ,is it good for us8 and1 secondly1 ,is it good for them8 ,the more ,i meditated these two questions ,i found myself forgetting the former and considering the latter1--or rather1 the former was absorbed in the latter4 ,thinking of our giant strength1 my anxiety increased for the weaker party1 and ,i thought more of what was good for them than for us4 ,is annexion good for them8 ,this was the question on my mind1 when ,i was honored by a visit from the ,assistant ,secretary of ,state1 bringing with him a handful of dispatches from ,san ,domingo4 ,among these were dispatches from our ,consular ,agent there1 who signed the treaty of annexion1 from which it distinctly appeared that ,baez1 while engaged in selling his country1 was maintained in power by the ,navy of the ,united ,states4 ,that such was the official report of our ,consular ,agent1 who signed the treaty1 there can be no question2 and this official report was sustained by at least one other consular dispatch4 ,i confess now my emotion as ,i read this painful revelation4 ,until then ,i had supposed the proceeding blameless1 although precipitate4 ,i had not imagined any such indefensible transgressions4 ,these dispatches became more important as testimony when it appeared that the writers were personally in favor of annexion4 ,thus1 then1 it stood1--that1 on the official report of our own agents1 we were engaged in forcing upon a weak people the sacrifice of their country4 ,to me it was apparent at once that the acquisition of this foreign territory would not be respectable or even tolerable1 unless by the consent of the people there1 through rulers of their own choice1 and without force on our part4 ,the treaty was a contract1 which1 according to our own witnesses1 was obtained through a ruler owing power to our war-ships4 ,as such1 it was beyond all question a contract obtained under duress1 and therefore void1 while the duress was an interference with the internal affairs of a foreign country1 and therefore contrary to that principle of ,non-,intervention which is now a rule of ,international ,law4 ,as this question presented itself1 ,i lost no time in visiting the ,navy ,department1 in order to examine the instructions under which our naval officers were acting1 and also their reports4 ,unhappily1 these instructions and reports were too much in harmony with the other testimony2 so that the ,state ,department and ,navy ,department each contained the record of the deplorable proceedings1 and still they pressed the consummation4 ,i could not have believed it1 had not the evidence been explicit4 ,the story of ,naboth's ,vineyard was revived4 ,violence begets violence1 and that in ,san ,domingo naturally extended4 ,it is with nations as with individuals1--once stepped in1 they go forward4 ,the harsh menace by which the independence of the ,black ,republic was rudely assailed came next4 ,it was another stage in belligerent intervention4 ,as these things were unfolded1 ,i felt that ,i could not hesitate4 ,here was a shocking wrong4 ,it must be arrested2 and to this end ,i have labored in good faith4 ,if ,i am earnest1 it is because ,i cannot see a wrong done without seeking to arrest it4 ,especially am ,i moved1 if this wrong be done to the weak and humble4 ,then1 by the efforts of my life and the commission ,i have received from ,massachusetts1 am ,i vowed to do what ,i can for the protection and elevation of the ,african race4 ,if ,i can help them1 ,i will2 if ,i can save them from outrage1 ,i must4 ,and never before was the occasion more imminent than now4 ,,contract ,,for ,,cession ,,of ,,territory4 ,i speak only according to unquestionable reason and the instincts of the human heart1 when ,i assert that a contract for the cession of territory must be fair and without suspicion of overawing force4 ,nobody can doubt this rule1 whether for individuals or nations4 ,and where one party is more powerful than another it becomes more imperative4 ,especially must it be sacred with a ,republic1 for it is nothing but the mandate of ,justice4 ,the rule is general in its application2 nay1 more1 it is part of ,universal ,law1 common to all municipal systems and to ,international ,law4 ,any departure from this requirement makes negotiation for the time impossible4 ,plainly there can be no cession of territory1 and especially no surrender of national independence1 except as the result of war1 so long as hostile cannon are frowning4 ,the first step in negotiation must be the withdrawal of all force1 coercive or minatory4 ,,boast ,,of ,,spain4 ,here the example of ,spain furnishes a beacon-light4 ,yielding to an invitation not unlike that of ,baez to the ,united ,states1 this ,ancient ,monarchy was induced by ,santana1 ,president of ,dominica1 to entertain the proposition of reannexion to the ,crown4 ,here let it be remarked that ,santana was legitimate ,president1 while ,baez is a usurping ,dictator4 ,and now mark the contrast between the ,ancient ,monarchy and our ,republic1 as attested in documents4 ,spain boasted1 in official papers1 that in the act of reannexion the ,dominicans were spontaneous1 free1 and unanimous1--that no ,spanish emissaries were in the territory to influence its people1 nor was there a ,spanish bottom in its waters or a ,spanish soldier on its land4 ,on the question whether this boast was justified by historic facts ,i say nothing4 ,my purpose is accomplished1 when ,i show1 that1 in self-defence and for the good name of ,spain1 it was necessary to make this boast4 ,unhappily1 no such boast can be made now4 ,american emissaries were in the territory1 with ,cazneau and ,fabens as leaders1--while ,american war-ships1 including the ,dictator1 our most powerful monitor1 properly named for the service1 were in the waters with guns pointed at the people to be annexed1 and ,american soldiers with bayonets glancing in the sun were on the decks of these war-ships1 if not on the land4 ,the contrast is complete4 ,in the case of ,spain the proceeding was an act of peace2 in our case it is an act of war4 ,the two cases are as wide asunder as peace and war4 ,all must feel the importance of this statement1 which1 ,i have to say1 is not without official authority4 ,i now hold in my hand the ,spanish documents relating to the reannexion of ,dominica1 as published by the ,cortes1 and with your permission ,i will open these authentic pages4 ,and here allow me to say that ,i speak only according to the documents4 ,that ,spain made the boast attests the principle4 ,omitting particularities and coming at once to the precise point1 ,i read from a circular by the ,spanish ,minister of ,foreign ,affairs1 addressed to diplomatic agents abroad1 under date of ,aranjuez1 ,april #be1 #ahfa1 which declares the proper forbearance and caution of ,spain1 and establishes a precedent from which there can be no appeal3-- 8,the first condition1 necessary and indispensable1 which the ,government of her ,majesty requires in accepting the consequences of these events1 is that the act of rencorporation of ,san ,domingo with the ,spanish ,monarchy shall be the unanimous1 spontaneous1 and explicit expression of the will of the ,dominicans40 ,the dispatch then proceeds to describe the attitude of the ,spanish ,government4 ,and here it says of the events in ,dominica3-- 8,nor have they been the work of ,spanish emigrants who have penetrated the territory of ,san ,domingo2 nor has the superior authority of ,havana1 nor the forces of sea and land at its disposition1 contributed to them4 ,the ,captain-,general of ,cuba has not separated himself1 nor could he depart for a moment1 from the principles of the ,government1 and from the policy which it has followed with regard to them4 ,not a ,spanish bottom or soldier was on the coast or in the territory of the ,republic when the latter by a unanimous movement proclaimed its reunion to ,spain40#ab ,it will be observed with what energy of phrase the ,spanish ,minister excludes all suspicion of force on the part of ,spain4 ,not only was there no ,spanish ship on the coast1 but not a single ,spanish bottom4 ,and then it is alleged that 8the first condition0 of reannexion must be 8the unanimous1 spontaneous1 and explicit expression of the will of the ,dominicans40 ,no foreign influence1 no ,spanish influence1 was to interfere with the popular will4 ,but this is nothing more than justice4 ,anything else is wrong4 ,the ,spanish ,government1 not content with announcing this important rule in the dispatch which ,i have quoted1 return to it in another similar dispatch1 dated at ,madrid1 #bfth ,may1 #ahfa1 as follows3-- 8,the ,government of the ,queen1 before adopting a definitive resolution on this question1 sought to acquire absolute assurance that the votes of the ,dominican people had been spontaneous1 free1 and unanimous4 ,the reception of the proclamation of the ,queen as sovereign in all the villages of the territory of ,san ,domingo proves the spontaneousness and the unanimity of the movement40#ac ,here again is the allegation that the movement was spontaneous and unanimous1 and that the ,spanish ,government sought to acquire absolute assurance on this essential point4 ,this was openly recognized as the condition-precedent2 and ,i cite it as unanswerable testimony to what was deemed essential4 ,on this absolute assurance the ,ministers laid before the ,queen in ,council a decree of reannexion1 with an explanatory paper1 under date of #aith ,may1 #ahfa1 where the unanimity of the ,dominican people is again asserted1 and also the absence of any influence on the part of ,spain3-- 8,everywhere was manifested jubilee and enthusiasm in a manner unequivocal and solemn4 ,the public authorities1 following their own impulses1 have obeyed the sentiment of the country1 which has put its trust in them4 ,rarely has been seen such a concurrence1 such a unanimity of wills to realize an idea1 a common thought4 ,and all this1 without having on the coast of ,san ,domingo a single bottom1 nor on the territory a soldier of ,spain40#ad ,such is the official record on which the decree of reannexion was adopted4 ,mark well1 ,sir1--a unanimous people1 and not a single ,spanish bottom on the coast or ,spanish soldier on the territory4 ,,contrast ,,between ,,spain ,,and ,,the ,,united ,,states4 ,and now mark the contrast between the ,old ,monarchy and the ,great ,republic4 ,the recent return of the ,navy ,department to the ,senate1 in reply to a resolution introduced by me1 shows how the whole island has been beleaguered by our ,navy1 sailing from port to port1 and hugging the land with its guns4 ,here is the return3-- 8,the following are the names of the vessels which have been in the waters of the island of ,san ,domingo since the commencement of the negotiations with ,dominica1 with their armaments3-- 8,severn1--#ad #i-;inch and #a #fj-pounder rifle4 8,congress1--#ad #i-;inch and #b #fj-pounder rifles4 8,nantasket1--#f #cb-pounders1 #d1ejj pounds2 #a #fj-pounder rifle4 8,swatara1--#f #cb-pounders1 #d1ejj pounds2 #a #aa-;inch4 8,yantic1--#a #aa-;inch and #b #i-;inch4 8,dictator1--#b #ae-;inch4 8,saugus1--#b #ae-;inch4 8,terror1--#d #ae-;inch4 8,albany1--#ad #i-;inch and #a #fj-pounder rifle4 8,nipsic1--#a #aa-;inch and #b #i-;inch4 8,seminole1--#a #aa-;inch and #d #cb-pounders of #d1bjj pounds4 8,tennessee1--,on spar-deck #b #aa-;inch1 #b #i-;inch1 #b #ajj-pounders1 and #a #fj-pounder2 on gun-deck1 #af #i-;inch4 8,the ships now ,february #ag1 #ahga in those waters are1 as far as is known to the ,department1 the ,congress1 the ,nantasket1 the ,yantic1 and the ,tennessee40#ae ,twelve mighty war-ships1 including two1 if not three1 powerful monitors1 maintained at the cost of millions of dollars1 being part of the price of the pending negotiation4 ,besides what we pay to ,baez1 here are millions down4 ,rarely have we had such a fleet in any waters3 not in the ,mediterranean1 not in the ,pacific1 not in the ,east ,indies4 ,it is in the waters of ,san ,domingo that our ,navy finds its chosen field4 ,here is its flag1 and here also is its frown4 ,and why this array8 ,if our purpose is peace1 why these engines of war8 ,if we seek annexion by the declared will of the people1 spontaneous1 free1 and unanimous1 as was the boast of ,spain1 why these floating batteries to overawe them8 ,if we would do good to the ,african race1 why begin with violence to the ,black ,republic8 ,before the ,commissioners left our shores1 there were already three war-ships with powerful armaments in those waters3 the ,congress1 with fourteen #i-;inch guns and two #fj-pounder rifles2 the ,nantasket1 with six #cb-pounders of #d1ejj pounds1 and one #fj-pounder rifle2 and the ,yantic1 with one #aa-;inch gun and two #i-;inch4 ,and then came the ,tennessee1 with two #aa-;inch and two #i-;inch guns1 two #ajj-pounders and one #fj-pounder1 on its spar-deck1 and sixteen #i-;inch guns on its gun-deck1 to augment these forces1 already disproportioned to any proper object4 ,the ,commissioners are announced as ministers of peace2 at all events1 their declared duty is to ascertain the real sentiments of the people4 ,why send them in a war-ship8 ,why cram the dove into a cannon's mouth8 ,there are good steamers at ,new ,york1 safe and sea-worthy1 whose presence would not swell the array of war1 nor subject the ,great ,republic to the grave imputation of seeking to accomplish its purpose by violence4 ,,tragical ,,end ,,of ,,spanish ,,occupation4 ,if while negotiating with the ,dominicans for their territory1 and what is more than territory1 their national life1 you will not follow ,spanish example and withdraw your war-ships with their flashing arms and threatening thunder1 at least be taught by the tragedy which attended even this most propitious attempt4 ,the same volumes of authentic documents from which ,i have read show how1 notwithstanding the apparent spontaneousness1 freedom1 and unanimity of the invitation1 the forbearance of ,spain was followed by resistance1 where sun and climate united with the people4 ,an official report laid before the ,cortes describes nine thousand ,spanish soldiers dead with disease1 while the ,spanish occupation was reduced to three towns on the seaboard1 and it was perilous for small parties to go any distance outside the walls of the ,city of ,san ,domingo4 ,the same report declares that twenty thousand troops1 provided for a campaign of six months1 would be required to penetrate 8the heart of ,cibao10--more accessible than the region occupied by ,general ,cabral1 who disputes the power of ,baez4 ,at last ,spain submitted4 ,the spirit of independence prevailed once more on the island2 and the proud banner of ,castile1 which had come in peace1 amid general congratulations1 and with the boast of not a ,spanish bottom or ,spanish soldier near1 was withdrawn4 ,,an ,,english ,,precedent4 ,the example of ,spain is reinforced by an ,english precedent1 where may be seen in the light of analogy the true rule of conduct4 ,by a statute of the last century1 all soldiers quartered at the place of an election for members of ,parliament were removed1 at least one day before the election1 to the distance of two miles or more2#af and though this statute has been modified latterly1 the principle is preserved4 ,no soldier within two miles of a place of election is allowed to go out of the barracks or quarters in which he is stationed1 unless to mount or relieve guard or to vote4#ag ,this safeguard of elections is vindicated by the great commentator1 ,sir ,william ,blackstone1 when he says1 8,it is essential to the very being of ,parliament that elections should be absolutely free2 therefore all undue influences upon the electors are illegal and strongly prohibited40#ah ,in accordance with this principle1 as early as #agid1 a committee of the other ,house of ,congress reported against the seat of a ,representative partly on the ground that ,united ,states troops were quartered near the place of election and were marched in a body several times round the court-house4#ai ,and now that an election is to occur in ,dominica1 where ,national ,independence is the question1 nothing is clearer than that it should be1 in the language of ,blackstone1 8absolutely free10 and to this end all naval force should be withdrawn at least until the 8election0 is determined4 ,,nice ,,and ,,savoy4 ,in harmony with this rule1 when ,nice and ,savoy voted on the question of annexion to ,france1 the ,french army was punctiliously withdrawn from the borders1--all of which was in simple obedience to ,international ,ethics2 but1 instead of any such obedience1 our war-ships have hovered with constant menace on the whole coast4 ,,seizure ,,of ,,war ,,powers ,,by ,,our ,,government4 ,all this is preliminary1 although pointing the way to a just conclusion4 ,only when we enter into details and consider what has been done by our ,government1 do we recognize the magnitude of the question4 ,unless the evidence supplied by the agents of our ,government is at fault1 unless the reports of the ,state ,department and ,navy ,department are discredited1 it is obvious beyond doubt1 most painfully plain and indisputable1 that the ,president has seized the war powers carefully guarded by the ,constitution1 and without the authority of ,congress has employed them to trample on the independence and equal rights of two nations coqual with ours1--unless1 to carry out this project of territorial acquisition1 you begin by setting at defiance a first principle of ,international ,law4 ,this is no hasty or idle allegation2 nor is it made without immeasurable regret4 ,and the regret is increased by the very strength of the evidence1 which is strictly official and beyond all question4 ,,baez1 ,,the ,,usurper4 ,in this melancholy business the central figure is ,buenaventura ,baez1--unless we except ,president ,grant1 to whom some would accord the place of honor4 ,the two have acted together as copartners4 ,to appreciate the case1 and especially to comprehend the breach of ,public ,law1 you must know something of the former1 and how he has been enabled to play his part4 ,dominican by birth1 with much of ,spanish blood1 and with a ,french education1 he is a cross where these different elements are somewhat rudely intermixed4 ,one in whom ,i have entire confidence describes him1 in a letter to myself1 as 8the worst man living of whom he has any personal knowledge02 and he adds1 that so must say 8every honest and honorable man who knows his history and his character40 ,all his life he has been adventurer1 conspirator1 and trickster1 uncertain in opinions1 without character1 without patriotism1 without truth1 looking out supremely for himself1 and on any side according to imagined personal interest1 being once violent against the ,united ,states as he now professes to be for them4 ,by the influence of ,general ,santana1 ,baez obtained his first election as ,president in #ahdi2 and in #ahef1 contrary to a positive provision of the ,constitution against a second term except after the intervention of an entire term1 he managed by fraud and intrigue to obtain another lease of power4 ,beginning thus early his violations of the ,constitution1 he became an expert4 ,but the people rose against him1 and he was driven to find shelter within the walls of the city4 ,he had never been friendly to the ,united ,states1 and at this time was especially abusive4 ,his capitulation soon followed1 and after a year of usurped power he left for ,france4 ,santana succeeded to the ,presidency1 and under him in #ahfa the country was reincorporated with ,spain1 amidst the prevailing enthusiasm of the people4 ,anxious to propitiate the different political chiefs1 the ,spanish ,government offered ,baez a major-general's commission in the ,army1 on condition that he should remain in ,europe1 which he accepted4 ,for some time there was peace in ,dominica1 when the people1 under the lead of the patriot ,cabral1 rose against the ,spanish power4 ,during this protracted period of revolution1 while the patriotism of the country was stirred to its inmost depths1 the ,dominican adventurer clung to his ,spanish commission with its honors and emoluments1 not parting with them until after the ,cortes at ,madrid had renounced the country and ordered its evacuation2 and then1 in his letter of resignation addressed to the ,queen1 under date of ,june #ae1 #ahfe1 he again outraged the feelings of his countrymen by declaring his regret at the failure of annexion to ,spain1 and his 8regard for her august person and the noble ,spanish nation10 against whose arms they had been fighting for ,independence4 ,losing his ,spanish honors and emoluments1 the adventurer was at once changed into a conspirator1 being always a trickster1 and from his ,european retreat began his machinations for power4 ,are we not told by the proverb that the ,devil has a long arm8 ,on the disappearance of the ,spanish flag1 ,cabral became ,protector1 and a ,national ,convention was summoned to frame a ,constitution and to organize a new ,government4 ,the people were largely in favor of ,cabral1 when armed men1 in the name of ,baez1 and stimulated by his emissaries1 overwhelmed the ,assembly with violence1 forcing the conspirator into power4 ,cabral1 who seems to have been always prudent and humane1 anxious to avoid bloodshed1 and thinking that his considerable ,european residence might have improved the usurper1 consented to accept a place in the ,cabinet1 which was inaugurated ,december #h1 #ahfe4 ,ill-gotten power is short-lived2 revolution soon began1 and in the month of ,may1 #ahff1 ,baez1 after first finding asylum in the ,french ,consulate1 fled to foreign parts4 ,the official journal of ,san ,domingo1 8,el ,monitor10 7,june #b1 #ahff17 now before me1 shows how the fugitive tyrant was regarded at this time4 ,in the leading article it is said3-- 8,the administration of ,general ,buenaventura ,baez has just fallen under the weight of a great revolution1 in which figure the principal notabilities of the country4 ,a spontaneous cry1 which may be called national1 because it has risen from the depths of the majority1 reveals the proportions of the movement1 its character1 and its legitimacy40 ,then follows in the same journal a manifesto signed by the principal inhabitants of ,dominica1 where are set forth with much particularity the grounds of his overthrow1 alleging that he became ,president not by the free and spontaneous choice of the people1 but was imposed upon the nation by an armed movement2 that he treated the chief magistracy as if it were his own patrimony1 and monopolized for himself and his brothers all the lucrative enterprises of the country without regard to the public advantage2 that1 instead of recognizing the merit of those who had by their sacrifices served their country1 he degraded1 imprisoned1 and banished them2 that1 in violation of the immunity belonging to members of the ,constituent ,assembly1 he sent them to a most horrible prison1--and here numerous persons are named2 that1 without any judicial proceedings1 contrary to the ,constitution1 and in the spirit of vengeance1 he shut up many deserving men in obscure dungeons1--and here also are many names2 that1 since his occupation of the ,presidency1 he has kept the capital in constant alarm1 and has established a system of terrorism in the bosom of the national representation4 ,all this and much more will be found in this manifesto4 ,there is also a manifesto of ,cabral1 assigning at still greater length reasons for the overthrow of ,baez1 and holding him up as the enemy of peace and union2 also a manifesto by the ,triumvirate constituting the ,provisional ,government1 declaring his infractions of the ,constitution2 also a manifesto from the general in command at the ,city of ,san ,domingo1 where1 after denouncing the misdeeds of one man1 it says1 8,this man1 this monster1 this speculator1 this tyrant1 is the ,general ,buenaventura ,baez40 ,soon after the disappearance of ,baez1 his rival became legitimate ,president by the direct vote of the people1 according to the requirement of the ,constitution4 ,different numbers of the official journal now before me contain the election returns in ,september1 #ahff1 where the name of ,general ,jos ,mara ,cabral appears at the head of the poll4 ,this is memorable as the first time in the history of ,dominica that a question was submitted to the direct vote of the people4 ,by that direct vote ,cabral became ,president1 and peace ensued4 ,since then there has been no election2 so that this was last as well as first1 leaving ,cabral the last legitimate ,president4 ,during his enforced exile1 ,baez found his way to ,washington4 ,mr4 ,seward declined to see him1 but referred him to me4 ,i had several conversations with him at my house4 ,his avowed object was to obtain money and arms to aid him in the overthrow of the existing ,government4 ,be assured1 ,mr4 ,president1 he obtained no encouragement from me1--although ,i did not hesitate to say1 as ,i always have said1 that ,i hoped my country would never fail to do all possible good to ,dominica1 extending to it a helping hand4 ,it was at a later day that belligerent intervention began4 ,meanwhile ,cabral1 embarrassed by financial difficulties and a dead weight of paper money1 the legacy of the fugitive conspirator1 turned to the ,united ,states for assistance1 offering a lease of the ,bay of ,samana4 ,then spoke ,baez from his retreat1 denouncing what he called 8the sale of his country to the ,united ,states10 adopting the most inflammatory language4 ,by his far-reaching and unscrupulous activity a hostile force was organized1 which1 with the help of ,salnave1 the late ruler of ,hayti1 compelled the capitulation of ,cabral1 ,february #h1 #ahfh4 ,a ,convention was appointed1 not elected1 which proceeded to nominate ,baez for the term of four years1 not as ,president1 but as ,dictator4 ,declining the latter title1 the triumphant conspirator accepted that of ,gran ,ciudadano1 or ,grand ,citizen1 with unlimited powers4 ,at the same time his enemies were driven into exile4 ,the prisons were gorged1 and the most respectable citizens were his victims4 ,naturally such a man would sell his country4 ,wanting money1 he cared little how it was got4 ,anything for money1 even his country4 ,,origin ,,of ,,the ,,scheme4 ,cabral withdrew to the interior1 keeping up a menace of war1 while the country was indignant with the unscrupulous usurper1 who for the second time obtained power by violence4 ,power thus obtained was naturally uncertain1 and ,baez soon found himself obliged to invoke foreign assistance4 8,help me1 ,cassius1 or ,i sink60 cried the ,grand ,citizen4 ,european powers would not listen4 ,none of them wanted his half-island1--not ,spain1 not ,france1 not ,england4 ,none would take it4 ,but still the ,grand ,citizen cried1 when at last he was relieved by an answering voice from our ,republic4 ,a young officer1 inexperienced in life1 ignorant of the world1 untaught in the ,spanish language1 unversed in ,international ,law1 knowing absolutely nothing of the intercourse between nations1 and unconscious of the ,constitution of his country1 was selected by the ,president to answer the cry of the ,grand ,citizen4 ,i wish that ,i could say something better of ,general ,babcock2 but if ,i spoke according to the evidence1 much from his own lips1 the portraiture would be more painful1 and his unfitness more manifest4 ,in closest association with ,baez1 and with profitable concessions not easy to measure1 was the ,american ,cazneau1 known as disloyal to our country1 and so thoroughly suspected that the military missionary1 before leaving ,washington1 was expressly warned against him2 but like seeks like1 and he at once rushed into the embrace of the selfish speculator1 who boasted that 8no one ,american had been more intimately connected with the ,samana and annexation negotiations1 from their inception to their close1 than himself10--and who did not hesitate to instruct ,baez that it was not only his right1 but duty1 to keep an ,american citizen in prison 8to serve and protect negotiations in which our ,president was so deeply interested10 which he denominates 8the great business in hand40#bj ,by the side of ,cazneau was ,fabens1 also a speculator and life-long intriguer1 afterwards ,envoy ,extraordinary and ,minister ,plenipotentiary of ,baez in 8the great business40 ,sparing details1 which would make the picture more sombre1 ,i come at once to the conclusion4 ,a treaty was signed by which the usurper pretended to sell his country to the ,united ,states in consideration of #a1ejj1jjj2 also another treaty leasing the ,bay of ,samana for an annual rent of #aej1jjj4 ,the latter sum was paid down by the young plenipotentiary1 or #ajj1jjj in cash and #ej1jjj in muskets and a battery4 ,no longer able to pocket the doubloons of ,spain1 the usurper sought to pocket our eagles1 and not content with muskets and a battery to be used against his indignant fellow-countrymen1 obtained the ,navy of the ,united ,states to maintain him in his treason4 ,it was a plot worthy of the hardened conspirator and his well-tried confederates4 ,,open ,,infraction ,,of ,,the ,,dominican ,,constitution4 ,the case was aggravated by the open infraction of the ,constitution of ,dominica with which it proceeded4 ,by that ,constitution1 adopted #bgth ,september1 #ahff1 a copy of which is now before me1 it is solemnly declared that 8neither the whole nor part of the territory of the ,republic can ever be alienated10 while the ,president takes the following oath of office3 8,i swear by ,god and the ,holy ,gospels to observe and cause to be observed the ,constitution and the ,laws of the ,dominican ,people1 to respect their rights1 and to maintain the ,national ,independence40 ,the ,constitution of #ahfe had said simply1 8,no part of the territory of the ,republic can ever be alienated02 but now1 as if anticipating recent events1 it was declared1 8,neither the whole nor part10--thus explicitly excluding the power exercised4 ,all this was set aside while the plot went on4 ,even if ,baez defied the ,constitution of his country1 our ,government1 in dealing with him1 could not do so4 ,in negotiation with another power1 the ,great ,republic1 which is an example to nations1 cannot be insensible to the restrictions imposed by the ,constitution of the contracting party2 and this duty becomes stronger from the very weakness of the other side4 ,defied by the ,dominican usurper1 all these restrictions must be sacredly regarded by us4 ,than this nothing can be clearer in ,international ,ethics2 but the rule of ,law is like that of ,ethics4 ,ancient ,rome1 speaking in the text of ,ulpian1 says3 8,he who contracts with another either knows or ought to know his condition10--,qui cum alio contrahit vel est vel ,,debet esse non ignarus conditionis ejus2#ba and this rule has the authority of ,wheaton as part of ,international ,law4#bb ,another writer gives to it this practical statement1 precisely applicable to the present case3 8,nevertheless1 in order to make such transfer valid1 the authority1 whether de facto or de jure1 must be competent to bind the ,state4 ,hence the necessity of examining into and ascertaining the powers of the rulers1 as the municipal constitutions of different states throw many difficulties in the way of alienations of their public property1 and particularly of their territory40#bc ,thus1 according to ,international ,law1 as expounded by ,american authority1 was this treaty forbidden4 ,treaties negotiated in violation of the ,dominican ,constitution and of ,international ,law were to be maintained at all hazards1 even that last terrible hazard of war2 nor was ,public ,law in any of its forms1 ,constitutional or ,international1 allowed to stand in the way4 ,the ,war ,powers1 so carefully guarded in every ,republican ,government1 and so jealously defended against the ,one-,man ,power1 were instantly seized1 in open violation of the ,constitution of the ,united ,states1 which was as little regarded as that of ,dominica1 while the ,law of ,nations in its most commanding principles was set at defiance3 all of which appears too plainly on the facts4 ,,allegations ,,in ,,former ,,speech ,,now ,,repeated4 ,when last ,i had the honor of addressing the ,senate on this grave question1 you will remember1 ,sir1 my twofold allegation3 first1 that the usurper ,baez was maintained in power by our ,navy to enable him to carry out the sale of his country2 and1 secondly1 that further to assure this sale the neighbor ,republic of ,hayti was violently menaced by an admiral of our fleet1--both acts being unquestionable breaches of ,public ,law1 ,constitutional and ,international4 ,that these allegations were beyond question1 at least by our ,government1 ,i knew well at the time1 for ,i had the official evidence on my table2 but ,i was unable to use it4 ,since then it has been communicated to the ,senate4 ,what ,i then asserted on my own authority ,i now present on documentary evidence4 ,my witnesses are the officers of the ,government and their official declarations4 ,let the country judge if ,i was not right in every word that ,i then employed4 ,and still further1 let the country judge if the time has not come to cry 8,halt60 in this business1 which already has the front of war4 ,,war4 ,war1 ,sir1 is the saddest chapter of history4 ,it is known as 8the last reason of kings40 ,alas1 that it should ever be the reason of a ,republic6 8,there can be no such thing1 my ,lords1 as a little war for a great nation10 was the exclamation of the ,duke of ,wellington1#bd which ,i heard from his own lips1 as he protested against what to some seemed petty4 ,gathering all the vigor of his venerable form1 the warrior seasoned in a hundred fights cried out1 and all within the sound of his voice felt the testimony4 ,the reason is obvious4 ,war1 whether great or little1 whether on the fields of ,france or the island of ,san ,domingo1 is war1 over which hovers not only ,death1 but every demon of wrath4 ,nor is war merely conflict on a chosen field2 it is force employed by one nation against another1 or in the affairs of another1--as in the direct menace to ,hayti1 and the intermeddling between ,baez and ,cabral4 ,there may be war without battle4 ,hercules conquered by manifest strength the moment he appeared on the ground1 so that his club rested unused4 ,and so our ,navy has thus far conquered without a shot2 but its presence in the waters of ,hayti and ,dominica was war4 ,,two ,,sources ,,of ,,testimony4 ,all this will be found under two different heads1 or in two different sources3 first1 what is furnished by the ,state ,department1 and1 secondly1 what is furnished by the ,navy ,department4 ,these two ,departments are witnesses1 with their agents1 confessing and acting4 ,from the former we have confession2 from the latter we have acts3 confessions and acts all in harmony and supporting each other4 ,i begin with the confession4 ,,confession ,,of ,,the ,,state ,,department4 ,in the strange report of the ,secretary of ,state1 responsive to a resolution moved by me in the ,senate1 the dependence of ,baez upon our ,navy is confessed in various forms4 ,nobody can read this document without noting the confession1 first from the reluctant ,secretary1 and then from his agent4 ,referring to the correspondence of ,raymond ,h4 ,perry1 our ,commercial ,agent at ,san ,domingo1 who signed the treaties1 the ,secretary presents a summary1 which1 though obnoxious to just criticism1 is a confession4 ,according to him1 the correspondence 8tends to show that the presence of a ,united ,states man-of-war in the port was supposed to have a peaceful influence40#be ,the term 8peaceful influence0 is the pleonasm of the ,secretary1 confessing the maintenance of ,baez in his usurpation4 ,there is no such thing as stealing2 8convey the wise it call02 and so with the ,secretary the maintenance of a usurper by our war-ships is only 8a peaceful influence40 ,a discovery of the ,secretary4 ,but in the levity of his statement the ,secretary forgets that a ,united ,states man-of-war has nothing to do within a foreign jurisdiction1 and cannot exert influence there without unlawful intervention4 ,the ,secretary alludes also to the probability of 8another revolution10 of course against ,baez1 in the event of the failure of the annexion plot2 and here is another confession of the dependence of the usurper upon our ,navy4 ,but the correspondence of ,mr4 ,perry1 as communicated to the ,senate1 shows more plainly than the confession of the ,secretary how completely the usurper was maintained in power by the strong arm of the ,united ,states4 ,the anxiety of the usurper was betrayed at an early day1 even while vaunting the popular enthusiasm for annexion4 ,in a dispatch dated at ,san ,domingo1 ,january #bj1 #ahgj1 ,mr4 ,perry thus reports3-- 8,the ,nantasket left this port ,january #a1 #ahgj1 and we have not heard from her since4 ,she was to go to ,puerto ,plata a port of ,dominica and return vi ,samana ,bay also in ,dominica4 ,we need the protection of a man-of-war very much1 but anticipate her return very soon40#bf ,why the man-of-war was needed is easily inferred from what is said in the same dispatch3-- 8,the ,president tells me that it is almost impossible to prevent the people pronouncing for annexation before the proper time4 ,he prefers to await the arrival of a ,united ,states man-of-war before their opinion is publicly expressed40#bg ,if the truth were told1 the usurper felt that it was almost impossible to prevent the people from pronouncing for his overthrow1 and therefore he wanted war-ships4 ,then under date of ,february #h1 #ahgj1 ,mr4 ,perry reports again3-- 8,president ,baez daily remarks that the ,united ,states ,government has not kept its promises to send men-of-war to the coast4 ,he seems very timid and lacks energy40#bh ,the truth becomes still more apparent in the dispatch of ,february #bj1 #ahgj1--nearly three months after the signature of the treaties1 and while they were still pending before the ,senate1--where it is openly reported3-- 8,if the ,united ,states ships were withdrawn1 he ,baez could not hold the reins of this ,government4 ,i have told him this40#bi ,nothing can be plainer4 ,in other words1 the usurper was maintained in power by our guns4 ,such was the official communication of the very agent who had signed the treaties1 and who was himself an ardent annexionist4 ,desiring annexion1 he confesses the means employed to accomplish it4 ,how the ,president did not at once abandon1 unfinished1 treaties maintained by violence1 how the ,secretary of ,state did not at once resign rather than be a party to this transaction1 is beyond comprehension4 ,nor was the ,state ,department left uninformed with regard to the distribution of this naval force4 ,here is the report1 under date of ,san ,domingo1 ,march #ab1 #ahgj1 while the vote was proceeding3-- 8,the ,severn lies at this port2 the ,swatara left for ,samana the #ith2 the ,nantasket goes to ,puerto ,plata to-morrow1 the #acth2 the ,yantic lies in the river in this city4 ,admiral ,poor1 on board the ,severn1 is expected to remain at this port for some time4 ,everything is very quiet at present throughout the country40#cj ,thus under the guns of our ,navy was quiet maintained1 while ,baez1 like another usurper1 exclaimed1 8,now1 by ,st4 ,paul1 the work goes bravely on60 ,what this same official reported to the ,state ,department he afterward reaffirmed under oath1 in his testimony before the committee of the ,senate on the case of ,mr4 ,hatch4 ,the words were few1 but decisive1 touching the acts of our ,navy1--8committed since we had been there1 protecting ,baez from the citizens of ,san ,domingo40#ca ,then1 again1 in a private letter to myself1 under date of ,bristol1 ,rhode ,island1 ,february #aj1 #ahga1 after stating that he had reported what the record shows to be true1 8that ,baez was sustained and held in power by the ,united ,states ,navy10 he adds1 8,this fact ,baez acknowledged to me40 ,so that we have the confession of the ,secretary of ,state1 also the confession of his agent at ,san ,domingo1 and the confession of ,baez himself1 that the usurper depended for support on our ,navy4 ,,an ,,american ,,citizen ,,sacrificed ,,to ,,help ,,the ,,treaty4 ,this drama of a usurper sustained by foreign power is illustrated by an episode1 where the liberty of an ,american citizen was sacrificed to the consummation of the plot4 ,it appears that ,davis ,hatch1 of ,norwalk1 ,connecticut1 intimately known to one of the ,senators of that ,state ,mr4 ,,ferry and respected by the other ,mr4 ,,buckingham1 lived in ,dominica1 engaged in business there1 while ,cabral was the legitimate ,president4 ,during this time he wrote letters to a ,new ,york paper1 in which he exposed the character of the conspirator ,baez1 then an exile4 ,when the latter succeeded by violence in overthrowing the regular ,government1 one of his first acts was to arrest ,mr4 ,hatch1 on the ground that he had coperated with ,cabral4 ,how utterly groundless was this charge appears by a letter to ,baez from his own brother1 governor of the province where the former resided1#cb and also by the testimony of ,mr4 ,somers ,smith1 our ,commercial ,agent in ,san ,domingo1 who spoke and acted as became a representative of our country4#cc ,read the correspondence and testimony candidly1 and you will confess that the whole charge was trumped up to serve the purpose of the usurper4 ,sparing all details of trial and pardon1 where everything testifies against ,baez1 ,i come to the single decisive point1 on which there can be no question1 that1 even after his formal pardon1 ,mr4 ,hatch was detained in prison by the authority of the usurper1 at the special instance of ,cazneau and with the connivance of ,babcock1 in order to prevent his influence against the treaty of annexion4 ,the evidence is explicit and unanswerable4 ,gautier1 the ,minister of ,baez1 who had signed the treaty1 in an official note to our representative1 ,mr4 ,raymond ,h4 ,perry1 dated at ,san ,domingo1 ,february #ai1 #ahgj1 and communicated to the ,state ,department1 says3 8,i desire that you will be good enough to assure his ,excellency1 the ,secretary of ,state in ,washington1 that the prolonged sojourn of ,mr4 ,hatch here has been only to prevent his hostile action in ,new ,york40#cd ,nor is this all4 ,under the same date1 ,cazneau had the equal hardihood to write to ,babcock1 then at ,washington1 a similar version of the conspiracy1 where1 after denunciation of ,perry as 8embarrassing affairs here10 in ,san ,domingo1 by his persistency in urging the release of ,mr4 ,hatch1 he relates1 that1 on occasion of a recent peremptory demand of this sort in his presence1 ,baez replied1 that ,hatch 8would certainly make use of his liberty to join the enemies of annexation10 and 8that a few weeks' restraint would not be so inconvenient to him as his slanderous statements might become to the success of ,general ,grant's policy in the ,antilles10--and he adds1 that he himself1 in response to the simultaneous charge of 8opposing the liberation of an innocent man10 declared1 that1 in his opinion1 8,president ,baez had the right1 and ought1 to do everything in his power to serve and protect negotiations in which our ,president was so deeply interested40#ce ,all this is clear1 plain1 and documentary4 ,nor is there any drawback or deduction on account of the character of ,mr4 ,hatch1 who1 according to the best testimony1 is an excellent citizen1 enjoying the good-will and esteem of his neighbors at home1 being respected there 8as much as ,governor ,buckingham is in ,norwich10#cf--;and we all know that no higher standard can be reached4 ,in other days it was said that the best government is where an injury to a single citizen is resented as an injury to the whole ,state4 ,here was an ,american citizen1 declared by our representative to be 8an innocent man10 and already pardoned for the crimes falsely alleged against him1 incarcerated1 or1 according to the polite term of the ,minister of ,baez1 compelled to a 8prolonged sojourn10 in order to assure the consummation of the plot for the acceptance of the treaty1 or1 in the words of ,cazneau1 8to serve and protect negotiations in which our ,president ,grant was so deeply interested40 ,the cry1 8,i am an ,american citizen10 was nothing to ,baez1 nothing to ,cazneau1 nothing to ,babcock4 ,the young missionary heard the cry and answered not4 ,annexion was in peril4 ,annexion could not stand the testimony of ,mr4 ,hatch1 who would write in ,new ,york papers4 ,therefore was he doomed to a prison4 ,here again ,i forbear details1 though at each point they testify4 ,and yet the ,great ,republic1 instead of spurning at once the heartless usurper who trampled on the liberty of an ,american citizen1 and spurning the ill-omened treaty which required this sacrifice1 continued to lend its strong arm in the maintenance of the trampler1 while with unexampled assiduity it pressed the treaty upon a reluctant ,senate4 ,,confession ,,of ,,the ,,state ,,department ,,with ,,regard ,,to ,,hayti4 ,but intervention in ,dominica is only one part of the story1 even according to the confession of the ,state ,department4 ,side by side with ,dominica on the same tempting island is the ,black ,republic of ,hayti1 with a numerous population1 which more than two generations ago achieved national independence1 and at a later day1 by the recognition of our ,government1 took its place under the ,law of ,nations as equal and peer of the ,great ,republic4 ,to all its paramount titles of ,independence and ,equality1 sacred and unimpeachable1 must be added its special character as an example of self-government1 being the first in the history of the ,african race1 and a promise of the future4 ,who can doubt that as such this ,black ,republic has a value beyond all the products of its teeming tropical soil8 ,like other ,governments1 not excepting our own1 it has complications1 domestic and foreign4 ,among the latter is chronic hostility with ,dominica1 arising from claims territorial and pecuniary4 ,to these claims ,i refer without undertaking to consider their justice4 ,it is enough that they exist4 ,and here comes the wrong perpetuated by the ,great ,republic4 ,in the effort to secure the much-coveted territory1 our ,government1 not content with maintaining the usurper ,baez in power1 occupying the harbors of ,dominica with the war-ships of the ,united ,states1 sent other war-ships1 being none other than our most powerful monitor1 the ,dictator1 with the frigate ,severn as consort1 and with yet other monitors in their train1 to menace the ,black ,republic by an act of war4 ,an ,american admiral was found to do this thing1 and an ,american minister1 himself of ,african blood1 was found to aid the admiral4 ,the dispatch of the ,secretary of ,state instituting this act of war does not appear in his ,report2 but we are sufficiently enlightened by that of ,mr4 ,bassett1 our ,minister ,resident at ,port-au-,prince1 who1 under date of ,february #ag1 #ahgj1 informs the ,state ,department in ,washington that he had 8transmitted to the ,haytian ,government notification that the ,united ,states asked and expected it to observe a strict neutrality in reference to the internal affairs of ,san ,domingo02 and then1 with superserviceable alacrity1 he lets the ,department know that he communicated to ,commander ,owen1 of the ,seminole1 reports that 8persons in authority under the ,haytian ,government were planning clandestinely schemes for interference in ,san ,domingo affairs40#cg ,but a moment of contrition seems to have overtaken the ,minister2 for he adds1 that he did not regard these reports 8as sufficiently reliable to make them the basis for a recommendation of severe or extreme measures40#ch ,pray1 by what title1 ,mr4 ,minister1 could you recommend any such measures1 being nothing less than war against the ,black ,republic8 ,by what title could you launch these great thunders8 ,the menacing note of the ,minister was acknowledged by the ,black ,republic without one word of submission1--as also without one word of proper resentment4#ci ,the officious ,minister of the ,great ,republic reports to the ,state ,department that he had addressed a diplomatic note to the ,black ,republic1 under date of ,february #i1 #ahgj1 where1 referring to the answer of the latter1 he says1 8,it would nevertheless have been more satisfactory and agreeable to my ,government and myself1 if you1 in speaking for your ,government1 had felt authorized to give assurance of the neutrality asked and expected by the ,united ,states40#dj ,this letter was written with the guns of the ,dictator and ,severn behind4 ,it appears from the ,minister's report1 that these two war-ships arrived at the capital of the ,black ,republic on the morning of ,february #ith1 when the ,minister1 as he says1 8arranged for a formal call on the ,haytian ,government the same day40 ,the ,minister then records1 and no blush appears on his paper1 that 8the ,admiral availed himself of this visit to communicate1 quite pointedly1 to the ,president and his advisers the tenor of his instructions40#da ,this assault upon the ,independence and ,equality of the ,black ,republic will appear more fully in the ,report transmitted to the ,senate by the ,navy ,department4 ,for the present ,i present the case on the confession of the ,state ,department4 ,,record ,,of ,,the ,,navy ,,department4 ,if the ,report of the ,state ,department is a confession1 that of the ,navy ,department is an authentic record of acts flagrant and indefensible1--unless we are ready to set aside the ,law of ,nations and the ,constitution of the ,united ,states1 two paramount safeguards4 ,both of these are degraded in order to advance the scheme4 ,if ,i called it plot1 ,i should not err2 for this term is suggested by the machination4 ,the record is complete4 ,the scheme first shows itself in a letter from the ,secretary of ,state to the ,secretary of the ,navy1 under date of ,may #ag1 #ahfi1 informing the latter that the ,president deems it 8desirable that a man-of-war1 commanded by a discreet and intelligent officer1 should be ordered to visit the several ports of the ,dominican ,republic1 and to report upon the condition of affairs in that quarter40 ,the ,secretary adds3-- 8,it is also important that we should have full and accurate information in regard to the views of the ,dominican people of all parties in regard to annexation to the ,united ,states1 or the sale or lease of the ,bay of ,samana1 or of territory adjacent thereto40#db ,no invitation from the island appears1--not a word even from any of its people4 ,the beginning is in the letter of the ,secretary2 and here we see how 8a man-of-war0 formed part of the first stage4 ,a mere inquiry is inaugurated by 8a man-of-war40 ,nor was it to stop at a single place2 it was to visit the several ports of the ,dominican ,republic4 ,the ,secretary of the ,navy obeyed4 ,orders were given1 and under date of ,june #bi1 #ahfi1 ,rear-,admiral ,hoff reports that the ,nipsic1 with an armament of one #aa-;inch and two #i-;inch guns1 8is to visit all the ports of the ,dominican ,republic40#dc ,here again is a revelation1 foreshadowing the future2 all the ports are to be visited by this powerful war-ship4 ,why8 ,to what just end8 ,if for negotiation1 then was force1 force1 ,,force our earliest1 as it has been since our constant plenipotentiary4 ,already we discern the contrast with ,old ,spain4 ,the loss of a screw occurred to prevent this war-breathing perambulation4 ,the ,nipsic did not go beyond ,port-au-,prince2 but ,lieutenant-,commander ,selfridge1 in his report1 under date of ,july #ad1 #ahfi1 lets drop an honest judgment1 which causes regret that he did not visit the whole island4 ,thus he wrote3-- 8,while my short stay in the island will not permit me to speak with authority1 it is my individual opinion1 that1 if the ,united ,states should annex ,hayti on the representation of a party1 it would be found an elephant both costly in money and lives40#dd ,the whole case is opened when we are warned against annexion 8on the representation of a party40 ,still the scheme proceeded4 ,on the #agth ,july1 #ahfi1 ,general ,babcock sailed from ,new ,york for ,san ,domingo1 as special agent of the ,state ,department4 ,the records of the ,department1 so far as communicated to the ,senate1 show no authority to open negotiations of any kind1 much less to treat for the acquisition of this half-island4 ,his instructions1 which are dated ,july #ac1 #ahfi1 are simply to make certain inquiries2#de but1 under the same date1 the ,secretary of the ,navy addresses a letter to ,commander ,owen1 of the ,seminole1 with an armament of one #aa-;inch gun and four #cb-pounders1 of #d1bjj pounds1 in which he says3-- 8,you will remain at ,samana1 or on the coast of ,san ,domingo1 while ,general ,babcock is there1 and give him the moral support of your guns40#df ,the phrase of the ,secretary is at least curious4 ,and who is ,general ,babcock1 that on his visit the ,navy is to be at his back8 ,nothing on this head is said4 ,all that we know from the record is that he was to make certain inquiries1 and in this business 8guns0 play a part4 ,to be sure1 it was their 8moral support0 he was to have2 but they were nevertheless 8guns40 ,thus in all times has lawless force sought to disguise itself4 ,before any negotiation was begun1 while only a few interrogatories were ordered by the ,state ,department1 under which this missionary acted1 8the moral support of guns0 was ordered by the ,navy ,department4 ,here1 ,sir1 permit me to say1 is the first sign of war1 being an undoubted usurpation1 whether by ,president or ,secretary4 ,war is hostile force1 and here it is ordered4 ,but this is only a squint1 compared with the open declaration which ensued4 ,and here again we witness the contrast with ,old ,spain4 ,but the 8guns0 of the ,seminole were not enough to support the missionary in his inquiries4 ,the ,navy ,department1 under date of ,august #bc1 #ahfi1 telegraphed to the commandant at ,key ,west3-- 8,direct a vessel to proceed without a moment's delay to ,san ,domingo ,city1 to be placed at the disposal of ,general ,babcock while on that coast4 ,if not at ,san ,domingo ,city1 to find him40#dg ,here is nothing less than the terrible earnestness of war itself4 ,accordingly1 the ,tuscarora was dispatched2 and the missionary finds himself changed to a commodore4 ,again the contrast with ,old ,spain6 ,how many days the ,tuscarora took to reach the coast does not appear2 but on the #dth ,september the famous protocol was executed by ,orville ,e4 ,babcock1 entitling himself 8,aide-de-,camp to his ,excellency1 ,general ,ulysses ,s4 ,grant1 ,president of the ,united ,states of ,america10 where1 besides stipulating the annexion of ,dominica to the ,united ,states in consideration of #a1ejj1jjj1 it is further provided that 8his ,excellency1 ,general ,grant1 ,president of the ,united ,states1 promises1 privately1 to use all his influence in order that the idea of annexing the ,dominican ,republic to the ,united ,states may acquire such a degree of popularity among members of ,congress as will be necessary for its accomplishment40#dh ,such was the work which needed so suddenly--8without a moment's delay0--a second war-ship besides the ,seminole1 which was already ordered to lend 8the moral support of its guns40 ,how unlike that boast of ,old ,spain1 that there was not a ,spanish bottom in those waters6 ,returning to ,washington with his protocol1 the missionary was now sent back with instructions to negotiate two treaties1--one for the annexion of the half-island1 and the other for the lease of the ,bay of ,samana4 ,by the ,constitution ambassadors and other public ministers are appointed by the ,president by and with the advice and consent of the ,senate2 but our missionary held no such commission4 ,how the business sped appears from the ,state ,department4 ,the ,report of the ,navy ,department shows how it was sustained by force4 ,by a letter under date of ,december #c1 #ahfi1 on board the ship ,albany1 off ,san ,domingo1 addressed to ,lieutenant-,commander ,bunce on board the ,nantasket1 the missionary1 after announcing the conclusion of a treaty for the lease of ,samana and other purposes1 imparts this important information3-- 8,in this negotiation the ,president has guarantied to the ,dominican ,republic protection from all foreign interposition during the time specified in the treaties for submitting the same to the people of the ,dominican ,republic40 ,of the absolute futility and nullity of this ,presidential guaranty until after the ratification of the treaties ,i shall speak hereafter4 ,meanwhile we behold the missionary changed to plenipotentiary3-- 8,for this purpose the honorable ,secretary of the ,navy was directed to place three armed vessels in this harbor1 subject to my instruction40 ,why three armed vessels8 ,for what purpose8 ,how unlike the boast of ,old ,spain6 ,what follows reveals the menace of war3-- 8,i shall raise the ,united ,states flag on shore1 and shall leave a small guard with it40 ,here is nothing less than military occupation4 ,besides war-ships in the waters1 the flag is to be raised on shore1 and soldiers of the ,united ,states are to be left with it4 ,again the contrast with ,old ,spain1 boasting not only that there was not a single ,spanish 8bottom0 on the coast1 but not a single ,spanish soldier on the land4 ,then follows an order to make war3-- 8,should you find any foreign intervention intended1 you will use all your force to carry out to the letter the guaranties given in the treaties40 ,nothing could be stronger4 ,here is war4 ,then comes a direct menace by the young plenipotentiary1 launched at the neighboring ,black ,republic3-- 8,the ,dominican ,republic fears trouble from the ,haytian border1 about ,jacmel4 ,you will please inform the people1 in case you are satisfied there is an intended intervention1 that such intervention1 direct or indirect1 will be regarded as an unfriendly act toward the ,united ,states1 and take such steps as you think necessary40#di ,the ,dominican ,republic fears trouble1 or in other words the usurper ,baez trembles for his power1 and therefore the guns of our ,navy are to be pointed at ,hayti4 ,again1 how little like ,old ,spain6 ,and this was the way in which our negotiation began4 ,we have heard of an 8armed neutrality10 and of an 8armed peace02 but here is an armed negotiation4 ,the force employed in the negotiation naturally fructified in other force4 ,violence follows violence in new forms4 ,armed negotiation was changed to armed intervention1 being an act of war1--all of which is placed beyond question4 ,there is repetition and reduplication of testimony4 ,the swiftness of war appears in the telegram dated at the ,navy ,department ,january #bi1 #ahgj1 addressed to ,rear-,admiral ,poor1 at ,key ,west4 ,here is this painful dispatch3-- 8,proceed at once with the ,severn and ,dictator to ,port-au-,prince2 communicate with our ,consul there1 and inform the present ,haytian authorities that this ,government is determined to protect the present ,dominican ,government with all its power4 ,you will then proceed to ,dominica1 and use your force to give the most ample protection to the ,dominican ,government against any ,power attempting to interfere with it4 ,visit ,samana ,bay and the capital1 and see the ,united ,states power and authority secure there4 ,there must be no failure in this matter4 ,if the ,haytians attack the ,dominicans with their ships1 destroy or capture them4 ,see that there is a proper force at both ,san ,domingo ,city and ,samana4 8,if ,admiral ,poor is not at ,key ,west1 this dispatch must be forwarded to him without delay40#ej 8,proceed at once40 ,mark the warlike energy4 ,what then8 ,inform the ,haytian ,government 8that this ,government is determined to protect the present ,dominican ,government the usurper ,baez with all its power40 ,strong words1 and vast in scope6 ,not only the whole ,navy of the ,united ,states1 but all the power of our ,republic is promised to the usurper4 ,at ,dominica1 where the ,admiral is to go next1 he is directed to use his force 8to give the most ample protection to the ,dominican ,government the usurper ,baez against any ,power attempting to interfere with it40 ,then comes a new direction4 ,at ,samana and the ,city of ,san ,domingo 8see the ,united ,states power and authority secure there40 ,here is nothing less than military occupation4 ,pray1 by what title8 ,mark again the warlike energy4 ,and then giving to the war a new character1 the ,admiral is told3 8,if the ,haytians attack the ,dominicans with their ships1 destroy or capture them40 ,such is this many-shotted dispatch1 which is like a mitrailleuse in death-dealing missives4 ,this belligerent intervention in the affairs of another country1 with a declaration of war against the ,black ,republic1 all without any authority from ,congress1 or any sanction under the ,constitution1 was followed by a dispatch dated ,january #ca1 #ahgj1 to ,lieutenant-,commander ,allen1 of the ,swatara1 with an armament of six #cb-pounders1 #d1ejj pounds1 and one #aa-;inch gun1 where is the breath of war4 ,after hurrying the ship off to the ,city of ,san ,domingo1 the dispatch says3-- 8,if you find1 when you get there1 that the ,dominican ,government require any assistance against the enemies of that ,republic1 you will not hesitate to give it to them40#ea ,what is this but war1 at the call of the usurper ,baez1 against the enemies of his ,government1 whether domestic or foreign8 ,let the usurper cry out1 and our flag is engaged4 ,our cannon must fire1 it may be upon ,dominicans rising against the usurper1 or it may be upon ,haytians warring on the usurper for their rights1 or it may be upon some other foreign power claiming rights4 ,the order is peremptory1 leaving no discretion4 ,the assistance must be rendered4 8,you will not hesitate to give it to them03 so says the order4 ,on which ,i observe1 ,this is war4 ,this was not enough4 ,the ,navy ,department1 by still another order1 dated ,february #i1 #ahgj1 addressed to ,commodore ,green1 of the ship ,congress1 with an armament of fourteen #i-;inch guns and two #fj-pounder rifles1 enforces this same conduct4 ,after mentioning the treaty1 the order says3-- 8,while that treaty is pending1 the ,government of the ,united ,states has agreed to afford countenance and assistance to the ,dominican people against their enemies now in the island and in revolution against the lawfully constituted ,government1 and you will use the force at your command to resist any attempts by the enemies of the ,dominican ,republic to invade the ,dominican territory1 by land or sea1 so far as your power can reach them40#eb ,here again is belligerent intervention in ,dominica1 with a declaration of war against the ,black ,republic1 included under the head 8enemies of the ,dominican ,republic10 or perhaps it is a case of 8running amuck10 according to ,malay example1 for the sake of the usurper ,baez4 ,thus much for the orders putting in motion the powers of war4 ,i have set them forth in their precise words4 ,soon ,i shall show wherein they offend ,international ,law and the ,constitution4 ,meanwhile the case is not complete without showing what was done under these orders4 ,already the ,state ,department has testified4 ,the ,navy ,department testifies in harmony with the ,state ,department4 ,and here the record may be seen under two heads1--first1 belligerent intervention in ,dominica1 and1 secondly1 belligerent intervention in ,hayti4 ,,belligerent ,,intervention ,,in ,,dominica4 ,in ,dominica there was constant promise of protection and constant appeal for it1 with recurring incidents1 showing the dependence of the usurper upon our naval force4 ,and here ,i proceed according to the order of dates4 ,rear-,admiral ,poor1 of the flag-ship ,severn1 reports from the ,city of ,san ,domingo1 under date of ,march #ab1 #ahgj1 that the ,president--meaning the usurper ,baez--informed him that he was obliged to keep a considerable force against ,cabral and ,luperon1 and then added1 8,if annexation was delayed1 it would be absolutely necessary for him to call upon the ,united ,states ,government for pecuniary aid40#ec ,not content with our guns1 the usurper wanted our dollars4 ,next ,lieutenant-,commander ,bunce1 under date of ,march #ba1 #ahgj1 reports from ,puerto ,plata that 8the authorities think that the excitement has not yet passed1 and that the presence of a man-of-war here for a time will have a great moral effect40#ed ,the man-of-war becomes a preacher4 ,the same officer1 under date of ,march #bd1 #ahgj1 reports a speech of his own at ,puerto ,plata1 that ,rear-,admiral ,poor 8had a heavy squadron about the island1 and would drive him ,luperon out1--probably1 in doing so1 destroying the town and all the property in it40#ee ,and this was followed1 ,march #bf1 #ahgj1 by formal notice from ,lieutenant-,commander ,bunce to the ,british ,vice-,consul at ,puerto ,plata1 in these terms3-- 8,as to my objects here1 one of them certainly is1 and ,i desire to accomplish it as plainly as possible1 to inform the foreign residents here1 that1 if any such league or party is formed among them1 and1 with or without their aid1 ,luperon1 ,cabral1 or any others hostile to the ,dominican ,government1 should get possession of this port1 the naval forces of the ,united ,states would retake it1 and1 in so doing1 the foreign residents1 as the largest property-holders1 as well as the most interested in the business of the port1 would be the greatest sufferers40#ef ,here is the menace of war4 ,the naval forces of the ,united ,states will retake a port4 ,meanwhile the work of protection proceeds4 ,rear-,admiral ,poor reports1 under date of ,may #g1 #ahgj3-- 8,upon my arrival there at ,san ,domingo ,city1 ,i found it necessary1 properly to protect the ,dominican ,government1 to dispatch one of the sloops ,i found there to the northwest portion of the island and the other to ,puerto ,plata1 intending1 as soon as able to do so1 to dispatch one to ,samana ,bay and to station the other off ,san ,domingo ,city40#eg ,here is belligerent protection at four different points4 ,meanwhile the treaty for annexion1 and also the treaty for the lease of ,samana1 had both expired by lapse of time ,march #bi1 #ahgj1 while the treaty for annexion was rejected by solemn vote ,june #cj1 #ahgj1--so that no treaty remained even as apology for the illegitimate protection which had been continued at such cost to the country4 ,but this made no difference in the aid supplied by our ,navy4 ,nor was the ,administration here unadvised with regard to the constant dependence of the usurper4 ,commodore ,green reports from off ,san ,domingo ,city1 under date of ,july #ba1 #ahgj3-- 8,i am inclined to the opinion that a withdrawal of the protection of the ,united ,states1 and of the prospect of annexation at some future time1 would instantly lead to a revolution1 headed by ,cabral1 who would be supported by the enemies of the present ,government1 and assisted by the ,haytians40#eh ,this is followed by a report from ,lieutenant-,commander ,allen at ,samana ,bay1 under date of ,august #bh1 #ahgj1 announcing that he has received a communication from 8his ,excellency1 ,president ,baez1 requesting the presence of a vessel on the north side of the island1 on account of an intended invasion by ,cabral40#ei ,in the communication1 which is inclosed1 the usurper says that he 8deems the presence of a ship-of-war in the ,bay of ,manzanillo of immediate importance40#fj ,cabral1 it appears1 was near this place4 ,other points are mentioned to be visited4 ,then follow other reports from ,commander ,irwin of the ,yantic1 with inclosures from ,baez1 where the dependence of the usurper is confessed4 ,in a letter from the ,executive ,mansion at ,san ,domingo ,city1 under date of ,august #cj1 #ahgj1 he desires ,commander ,irwin to 8proceed to ,tortuguero de ,azua for a few hours1 for the purpose of transporting to this city the rest of the ,dominican battalion ,restauracion1 as it is thought convenient by the ,government40#fa ,upon which ,commander ,irwin1 under date of ,september #c1 #ahgj1 remarks3-- 8,the ,president was anxious to add to the force at his disposal in the ,city of ,san ,domingo1 as he feared an outbreak4''' ,i acceded to his request1 ''' and on the #b;d instant landed sixty-five officers and men that we had brought from ,azua40#fb ,here is a confession1 showing again the part played by our ,navy4 ,war-ships of the ,united ,states dance attendance on the usurper1 and save him from the outbreak of the people4 ,then1 again1 under date of ,september #b1 #ahgj1 the usurper declares 8the necessity at present of a man-of-war in this port1 and that none would be more convenient than the ,yantic for the facility of entering the river ,ozama1 owing to her size40#fc ,thus not merely on the coasts1 but in a river1 was our ,navy invoked4 ,but this was not enough4 ,under date of ,october #h1 #ahgj1 the usurper writes from the ,executive ,residence 8to reiterate the necessity of the vessels now in that bay ,samana coming to these southern coasts40#fd ,and as late as ,january #h1 #ahga1 ,rear-,admiral ,lee reports from off ,san ,domingo ,city1 that delay in accomplishing annexion has1 among other things1 8risk of insurrection10#fe--thus attesting the dependence of the usurper upon our power4 ,such is the uniform story1 where the cry of the usurper is like the refrain of a ballad4 ,,belligerent ,,intervention ,,in ,,hayti4 ,the constant intervention in ,dominica was supplemented by that other intervention in ,hayti1 when an ,american admiral threatened war to the ,black ,republic4 ,shame and indignation rise as we read the record4 ,already we know it from the ,state ,department4 ,rear-,admiral ,poor1 under date of ,february #ab1 #ahgj1 reports to the ,navy ,department his achievement4 ,after announcing that the ,severn1 with an armament of fourteen #i-;inch guns and one #fj-pounder rifle1 and the ,dictator1 with an armament of two #ae-;inch guns1 arrived at ,port-au-,prince the #ith instant1 he narrates his call on the ,provisional ,president of ,hayti1 and how1 after communicating the pendency of negotiations and the determination of the ,government of the ,united ,states 8with its whole power0 to prevent any interference on the part of the ,haytian or any other ,government with that of the ,dominicans1 7meaning the usurper ,baez17 he launched this declaration3-- 8,therefore1 if any attack should be made upon the ,dominicans meaning the usurper ,baez during the said negotiations1 under the ,haytian or any other flag1 it would be regarded as an act of hostility to the ,united ,states flag1 and would provoke hostility in return40 ,such was his language in the ,executive ,mansion of the ,president4 ,the ,rear-,admiral reports the dignified reply of the ,president and ,secretary of ,state1 who said3-- 8,that1 #8while they were aware of their weakness1 they knew their rights1 and would maintain them and their dignity as far as they were able1 and that they must be allowed to be the judges of their own policy1'--or words to that effect40#ff ,such words ought to have been to the ,rear-,admiral more than a broadside4 ,how poor were his great guns against this simple reproof6 ,the ,black ,republic spoke well4 ,the ,rear-,admiral adds1 that he learned afterward1 unofficially1 8that the authorities were displeased with what they considered a menace on the part of the ,united ,states1 accompanied with force40 ,and was it not natural that they should be displeased8 ,all this is bad enough from the official record2 but ,i am enabled from another source1 semi-official in character1 to show yet more precisely what occurred4 ,i have a minute account drawn up by the gentleman who acted as interpreter on the occasion4 ,the ,rear-,admiral could not speak ,french2 the ,president could not speak ,english4 ,instead of waiting upon the ,secretary of ,state and making his communication to this functionary1 he went at once to the ,executive ,mansion1 with the officers of his vessel and other persons1 when1 after announcing to the ,president that he came to pay a friendly visit1 he said1 that1 8as a sailor1 he would take the same opportunity to communicate instructions received from his ,government40 ,the ,president1 justly surprised1 said that he was not aware that the ,rear-,admiral had any official communication to make1 otherwise the ,secretary of ,state for ,foreign ,affairs would have been present1 being the proper party to receive it4 ,the ,secretary of ,state and other members of the ,provisional ,government were sent for1 when the ,rear-,admiral proceeded to make the communication already reported1 and at the same time pointing to his great war-ships in the outside harbor1 plainly visible from the ,executive ,mansion1 remarked1 that it could be seen he had power enough to enforce his communication1 and that besides he was expecting other forces 7and in fact two other war-ships soon arrived1 one of them a monitor72 and then he announced1 that1 8if any vessels under ,haytian or other flags were found in ,dominican waters1 he would sink or capture them40 ,brave ,rear-,admiral6 ,the interpreter1 from whose account ,i am drawing1 says that the ,president felt very sorry and humiliated by this language1 especially when the ,rear-,admiral referred to the strong forces under his command1 and he proceeded to reply3-- 8,that ,hayti1 having the knowledge of her feebleness and of her dignity1 had taken note of the communication made in the name of the ,united ,states2 that1 under present circumstances1 the ,government of ,hayti would not interfere in the internal affairs of ,san ,domingo1 but the ,government could not prevent the sympathies of the ,haytian people to be with the ,dominican patriots fighting against annexation40 ,who will not say that in this transaction the ,black ,republic appears better than the ,rear-,admiral8 ,,two ,,propositions ,,established4 ,such is the testimony1 establishing beyond question the two propositions1 first1 that the usurper ,baez was maintained in power by our ,navy to enable him to carry out the sale of his country1 and1 secondly1 that further to assure this sale the neighbor ,republic of ,hayti was violently menaced1--all this being in breach of ,public ,law1 ,international and ,constitutional4 ,in considering how far this conduct is a violation of ,international ,law and of the ,constitution of the ,united ,states1 ,i begin with the former4 ,,great ,,principle ,,of 8,,equality ,,of ,,nations0 ,,violated4 ,international ,law is to nations what the ,national ,constitution is to our coqual ,states3 it is the rule by which they are governed4 ,as among us every ,state and also every citizen has an interest in upholding the ,national ,constitution1 so has every nation and also every citizen an interest in upholding ,international ,law4 ,as well disobey the former as the latter4 ,you cannot do so in either case without disturbing the foundations of peace and tranquillity4 ,to insist upon the recognition of ,international ,law is to uphold civilization in one of its essential securities4 ,to vindicate ,international ,law is a constant duty1 which is most eminent according to the rights in jeopardy4 ,foremost among admitted principles of ,international ,law is the axiom1 that all nations are equal1 without distinction of population1 size1 or power4 ,nor does ,international ,law know any distinction of color4 ,as a natural consequence1 whatever is the rule for one is the rule for all2 nor can we do to a thinly-peopled1 small1 weak1 or black nation what we would not do to a populous1 large1 strong1 or white nation1--nor what that nation might not do to us4 8,do unto others as you would have them do unto you10 is the plain law for all nations1 as for all men4 ,the equality of nations is the first principle of ,international ,law1 as the equality of men is the first principle in our ,declaration of ,independence2 and you may as well assail the one as the other4 ,as all men are equal before the ,law1 so are all nations4 ,this simple statement is enough2 but since this commanding principle has been practically set aside in the operations of our ,navy1 ,i proceed to show how it is illustrated by the authorities4 ,the equality of nations1 like the equality of men1 was recognized tardily1 under the growing influence of civilization4 ,not to the earlier writers1 not even to the wonderful ,grotius1 whose instinct for truth was so divine1 do we repair for the elucidation of this undoubted rule4 ,our ,swiss teacher1 ,vattel1 prompted1 perhaps1 by the experience of his own country1 surrounded by more powerful neighbors1 was the first to make it stand forth in its present character4 ,his words1 which are as remarkable for picturesque force as for juridical accuracy1 state the whole case3-- 8,nations composed of men1 and considered as so many free persons living together in the state of ,nature1 are naturally equal1 and inherit from ,nature the same obligations and rights4 ,power or weakness does not in this respect produce any difference4 ,a dwarf is as much a man as a giant2 a small republic is no less a sovereign state than the most powerful kingdom4 ,by a necessary consequence of that equality1 whatever is lawful for one nation is equally lawful for any other1 and whatever is unjustifiable in the one is equally so in the other40#fg ,later authorities have followed this statement1 with some slight variety of expression1 but with no diminution of its force4 ,one of the earliest to reproduce it was ,sir ,william ,scott1 in one of his masterly judgments1 lending to it the vivid beauty of his style3-- 8,a fundamental principle of ,public ,law is the perfect equality and entire independence of all distinct states4 ,relative magnitude creates no distinction of right2 relative imbecility1 whether permanent or casual1 gives no additional right to the more powerful neighbor2 and any advantage seized upon that ground is mere usurpation4 ,this is the great foundation of ,public ,law1 which it mainly concerns the peace of mankind1 both in their politic and private capacities1 to preserve inviolate40#fh ,the ,german ,heffter states the rule more simply1 but with equal force3-- 8,nations1 being sovereign or independent of each other1 treat together on a footing of complete equality4 ,the most feeble state has the same political rights as the strongest4 ,in other terms1 each state exercises in their plenitude the rights which result from its political existence and from its participation in international association40#fi ,the latest ,english writers testify likewise4 ,here are the words of ,phillimore3-- 8,the natural equality of states is the necessary companion of their independence1--that primitive cardinal right upon which the science of ,international ,law is mainly built4''' ,they are entitled1 in their intercourse with other states1 to all the rights incident to a natural equality4 ,no other state is entitled to encroach upon this equality by arrogating to itself peculiar privileges or prerogatives as to the manner of their mutual intercourse40#gj ,twiss follows ,phillimore1 but gives to the rule a fresh statement3-- 8,the independence of a nation is absolute1 and not subject to qualification2 so that nations1 in respect of their intercourse under the ,common ,law1 are peers or equals4''' ,power and weakness do not in this respect give rise to any distinction4''' ,it results from this equality1 that whatever is lawful for one nation is equally lawful for another1 and whatever is unjustifiable in the one is equally unjustifiable in the other40#ga ,in our own country1 ,chancellor ,kent1 a great authority1 gives the rule with perfect clearness and simplicity3-- 8,nations are equal in respect to each other1 and entitled to claim equal consideration for their rights1 whatever may be their relative dimensions or strength1 or however greatly they may differ in government1 religion1 or manners4 ,this perfect equality and entire independence of all distinct states is a fundamental principle of ,public ,law40#gb ,general ,halleck1 whose work is not surpassed by any other in practical value1 while quoting especially ,vattel and ,sir ,william ,scott1 says with much sententiousness3-- 8,all sovereign states1 without respect to their relative power1 are1 in the eye of ,international ,law1 equal1 being endowed with the same natural rights1 bound by the same duties1 and subject to the same obligations40#gc ,thus does each authority reflect the others1 while the whole together present the ,equality of ,nations as a guiding principle not to be neglected or dishonored4 ,the record already considered shows how this principle has been openly defied by our ,government in the treatment of the ,black ,republic1--first1 in the menace of war by ,rear-,admiral ,poor1 and1 secondly1 in the manner of the menace1--being in substance and in form4 ,in both respects the ,admiral did what he would not have done to a powerful nation1 what he would not have done to any white nation1 and what we should never allow any nation to do to us4 ,hayti was weak1 and the gallant ,admiral1 rowing ashore1 pushed to the ,executive ,mansion1 where1 after what he called 8a friendly visit10 he struck at the independence of the ,black ,republic1 pointing from the windows of the ,executive ,mansion to his powerful armament1 and threatening to employ it against the ,haytian capital or in sinking ,haytian ships4 ,for the present ,i consider this unprecedented insolence only so far as it was an offence against the ,equality of ,nations1 and here it may be tried easily4 ,think you that we should have done this thing to ,england1 ,france1 or ,spain8 ,think you that any foreign power could have done it to us8 ,but if right in us toward ,hayti1 it would be right in us toward ,england1 ,france1 or ,spain2 and it would be right in any foreign power toward us4 ,if it were right in us toward ,hayti1 then might ,england1 ,france1 ,spain1 or ,hayti herself do the same to us4 ,imagine a foreign fleet anchored off ,alexandria1 while the admiral1 pulling ashore in his boat1 hurries to the ,executive ,mansion1 and then1 after announcing a friendly visit1 points to his war-ships visible from the windows1 and menaces their thunder4 ,or to be more precise1 suppose the ,haytian ,navy to return the compliment here in the ,potomac4 ,but just in proportion as we condemn any foreign fleet1 including the ,haytian ,navy1 doing this thing1 do we condemn ourselves4 ,the case is clear4 ,we did not treat ,hayti as our peer4 ,the great principle of the ,equality of ,nations was openly set at nought4 ,to extenuate this plain outrage1 ,i have heard it said1 that1 in our relations with ,hayti1 we are not bound by the same rules of conduct applicable to other nations4 ,so ,i have heard2 and this1 indeed1 is the only possible defence for the outrage4 ,as in other days it was proclaimed that a black man had no rights which a white man was bound to respect1 so this defence assumes the same thing of the ,black ,republic4 ,but at last the black man has obtained ,equal ,rights2 and so1 ,i insist1 has the ,black ,republic4 ,as well deny the one as the other4 ,by an ,act of ,congress1 drawn by myself and approved by ,abraham ,lincoln in the session of #ahfb1 diplomatic relations were established between the ,united ,states and ,hayti1 and the ,president was expressly authorized to appoint diplomatic representatives there4 ,at first we were represented by a ,commissioner and ,consul-,general2 now it is by a ,minister ,resident and ,consul-,general4 ,thus1 by ,act of ,congress and the appointment of a ,minister1 have we recognized the ,equal ,rights of ,hayti in the ,family of ,nations1 and placed the ,black ,republic under the safeguard of that great axiom of ,international ,law which makes it impossible for us to do unto her what we would not allow her to do unto us4 ,in harmony with the ,united ,states1 the 8,almanach de ,gotha10 where is the authentic1 if not official1 list of nations entitled to ,equal ,rights1 contains the name of ,hayti4 ,thus is the ,black ,republic enrolled as an equal2 and yet have we struck at this equality4 ,how often have ,i pleaded that all men are equal before the ,law6 ,and now ,i plead that all nations are equal before the ,law1 without distinction of color4 ,,belligerent ,,intervention ,,contrary ,,to ,,international ,,law4 ,from one violation of ,international ,law ,i pass to another4 ,the proceedings already detailed show belligerent intervention1 contrary to ,international ,law4 ,here my statement will be brief4 ,according to all the best authorities1 in harmony with reason1 no nation has a right to interfere by belligerent intervention in the internal affairs of another1 and especially to take part in a civil feud1 except under conditions which are wanting here2 nor has it a right to interfere by belligerent intervention between two independent nations4 ,the general rule imposed by modern civilization is ,non-,intervention2 but this rule is little more than a scientific expression of that saying of ,philip de ,comines1 the famous minister of ,louis the ,eleventh1 8,our ,lord ,god does not wish that one nation should play the devil with another40 ,not to occupy time with authorities1 ,i content myself with some of our own country1 which are clear and explicit1 and ,i begin with ,george ,washington1 who wrote to ,lafayette1 under date of ,december #be1 #agih3-- 8,no ,government ought to interfere with the internal concerns of another1 except for the security of what is due to themselves40#gd ,wheaton lays down the same rule substantially1 when he says3-- 8,non-,interference is the general rule1 to which cases of justifiable interference form exceptions1 limited by the necessity of each particular case40#ge ,thus does ,wheaton1 like ,washington1 found intervention in the necessity of the case4 ,evidently neither thought of founding it on a scheme for the acquisition of foreign territory4 ,in harmony with ,washington and ,wheaton1 ,i cite ,general ,halleck1 in his excellent work3-- 8,wars of intervention are to be justified or condemned accordingly as they are or are not undertaken strictly as the means of self-defence1 and self-protection against the aggrandizements of others1 and without reference to treaty obligations2 for1 if wrong in themselves1 the stipulations of a treaty cannot make them right40#gf ,then again ,halleck says1 in words applicable to the present case3-- 8,the invitation of one party to a civil war can afford no right of foreign interference1 as against the other party4 ,the same reasoning holds good with respect to armed intervention1 whether between belligerent states or between belligerent parties in the same state40#gg ,armed ,intervention1 or1 as ,i would say1 ,belligerent ,intervention1 is thus defined by ,halleck3-- 8,armed intervention consists in threatened or actual force1 employed or to be employed by one state in regulating or determining the conduct or affairs of another4 ,such an employment of force is virtually a war1 and must be justified or condemned upon the same general principles as other wars40#gh ,applying these principles to existing facts already set forth1 it is easy to see that the belligerent intervention of the ,united ,states in the internal affairs of ,dominica1 maintaining the usurper ,baez in power1 especially against ,cabral1 was contrary to acknowledged principles of ,international ,law1 and that the belligerent intervention between ,dominica and ,hayti was of the same character4 ,imagine our ,navy playing the fantastic tricks on the coast of ,france which it played on the coasts of ,san ,domingo1 and then1 still further1 imagine it entering the ports of ,france as it entered the ports of ,hayti1 and you will see how utterly indefensible was its conduct4 ,in the capital of ,hayti it committed an act of war hardly less flagrant than that of ,england at the bombardment of ,copenhagen4 ,happily blood was not shed1 but there was an act of war4 ,here ,i refer to the authorities already cited1 and challenge contradiction4 ,to vindicate these things1 whether in ,dominica or in ,hayti1 you must discard all acknowledged principles of ,international ,law1 and join those who1 regardless of rights1 rely upon arms4 ,grotius reminds us of ,achilles1 as described by ,horace3-- 8,rights he spurns ,as things not made for him1 claims all by arms02 and he quotes ,lucan also1 who shows a soldier exclaiming3-- 8,now1 ,peace and ,law1 ,i bid you both farewell40 ,the old ,antigonus1 who1 when besieging a city1 laughed at a man who brought him a dissertation on ,justice1 and ,pompey1 who exclaimed1 8,am ,i1 when in arms1 to think of the laws80#gi--these seem to be the models for our ,government on the coasts of ,san ,domingo4 ,,usurpation ,,of ,,war ,,powers ,,contrary ,,to ,,the ,,constitution4 ,the same spirit which set at defiance great principles of ,international ,law1 installing force instead1 is equally manifest in disregard of the ,constitution of the ,united ,states2 and here one of its most distinctive principles is struck down4 ,by the ,constitution it is solemnly announced that to ,congress is given the power 8to declare war40 ,this allotment of power was made only after much consideration1 and in obedience to those popular rights consecrated by the ,american ,revolution4 ,in ,england1 and in all other monarchies at the time1 this power was the exclusive prerogative of the ,crown1 so that war was justly called 8the last reason of kings40 ,the framers of our ,constitution naturally refused to vest this kingly prerogative in the ,president4 ,kings were rejected in substance as in name4 ,the ,one-,man ,power was set aside1 and this kingly prerogative placed under the safeguard of the people1 as represented in that highest form of national life1 an ,act of ,congress4 ,no other provision in the ,constitution is more distinctive1 or more worthy of veneration4 ,i do not go too far1 when ,i call it an essential element of ,republican ,institutions1 happily discovered by our fathers4 ,our authoritative commentator1 ,judge ,story1 has explained the origin of this provision1 and his testimony confirms the statement ,i have made4 ,after remarking that the power to declare war is 8not only the highest sovereign prerogative1 but that it is in its own nature and effects so critical and calamitous that it requires the utmost deliberation and the successive review of all the councils of the nation10 the learned author remarks with singular point1 that 8it should be difficult in a ,republic to declare war10 and that1 therefore1 8the coperation of all the branches of the legislative power ought upon principle to be required in this1 the highest act of legislation02 and he even goes so far as to suggest still greater restriction1 8as by requiring a concurrence of two thirds of both ,houses40#hj ,there is no such conservative requirement2 but war can be declared only by a majority of both ,houses with the approbation of the ,president4 ,there must be the embodied will of the ,legislative and the ,executive1--in other words1 of ,congress and the ,president4 ,not ,congress alone1 without the ,president1 can declare war2 nor can the ,president alone1 without ,congress4 ,both must concur2 and here is the triumph of ,republican ,institutions4 ,but this distinctive principle of our ,constitution and new-found safeguard of popular rights has been set at nought by the ,president2 or rather1 in rushing to the goal of his desires1 he has overleaped it1 as if it were stubble4 ,in harmony with the whole transaction is the apology1 which insists that the ,president may do indirectly what he cannot do directly1--that he may1 according to old ,polonius1 8by indirections find directions out10--in short1 that1 though he cannot declare war directly1 he may indirectly4 ,we are reminded of the unratified treaty1 with its futile promise 8against foreign interposition10--that is1 with the promise of the ,war ,powers of our ,government set in motion by the ,president alone1 without an ,act of ,congress4 ,here are the precise terms3-- 8,the people of the ,dominican ,republic shall1 in the shortest possible time1 express1 in a manner conformable to their laws1 their will concerning the cession herein provided for2 and the ,united ,states shall1 until such expression shall be had1 protect the ,dominican ,republic against foreign interposition1 in order that the national expression may be free40#ha ,now nothing can be clearer than that this provision1 introduced on the authority of the ,president alone1 was beyond his powers1 and therefore brutum fulmen1 a mere wooden gun1 until after the ratification of the treaty4 ,otherwise the ,president alone might declare war1 without an ,act of ,congress1 doing indirectly what he cannot do directly1 and thus overturning that special safeguard which places under the guardianship of ,congress what ,story justly calls 8the highest sovereign prerogative40 ,here we meet another distinctive principle of our ,constitution4 ,as the power to declare war is lodged in ,congress with the concurrence of the ,president1 so is the power to make a treaty lodged in the ,president with the concurrence of two thirds of the ,senate4 ,war is declared only by ,congress and the ,president2 a treaty is made only by the ,president and two thirds of the ,senate4 ,as the former safeguard was new1 so was the latter4 ,in ,england and all other monarchies at the time1 the treaty-making power was a kingly prerogative1 like the power to declare war4 ,the provision in our ,constitution1 requiring the participation of the ,senate1 was another limitation of the ,one-,man ,power1 and a new contribution to ,republican ,institutions4 8,the ,federalist10 in an article written by ,alexander ,hamilton1 thus describes the kingly prerogative3-- 8,the king of ,great ,britain is the sole and absolute representative of the nation in all foreign transactions4 ,he can of his own accord make treaties of peace1 commerce1 alliance1 and of every other description4''' ,every jurist of that kingdom1 and every other man acquainted with its ,constitution1 knows1 as an established fact1 that the prerogative of making treaties exists in the ,crown in its utmost plenitude2 and that the compacts entered into by the royal authority have the most complete legal validity and perfection1 independent of any other sanction40#hb ,such was the well-known kingly prerogative which our ,constitution rejected4 ,here let 8,the ,federalist0 speak again3-- 8,there is no comparison between the intended power of the ,president and the actual power of the ,british sovereign4 ,the one can perform alone what the other can only do with the concurrence of a branch of the ,legislature40#hc ,then1 again1 after showing that a treaty is a contract with a foreign nation1 having the force of law1 8,the ,federalist0 proceeds3-- 8,the history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind as those which concern its intercourse with the rest of the world to the sole disposal of a magistrate created and circumstanced as would be a ,president of the ,united ,states40#hd ,thus does this contemporary authority testify against handing over to 8the sole disposal0 of the ,president the delicate and momentous question in the unratified treaty4 ,following 8,the ,federalist0 is the eminent commentator already cited1 who insists that 8it is too much to expect that a free people would confide to a single magistrate1 however respectable1 the sole authority to act conclusively1 as well as exclusively1 upon the subject of treaties02 and that1 8however proper it may be in a monarchy1 there is no ,american statesman but must feel that such a prerogative in an ,american ,president would be inexpedient and dangerous10--that 8it would be inconsistent with that wholesome jealousy which all republics ought to cherish of all depositaries of power02 and then he adds3-- 8,the check which acts upon the mind1 from the consideration that what is done is but preliminary1 and requires the assent of other independent minds to give it a legal conclusiveness1 is a restraint which awakens caution and compels to deliberation40#he ,the learned author then dwells with pride on the requirement of the ,constitution1 which1 while confiding the power to the ,executive ,department1 8guards it from serious abuse by placing it under the ultimate superintendence of a select body of high character and high responsibility02 and then1 after remarking that 8the ,president is the immediate author and finisher of all treaties10 he concludes1 in decisive words1 that 8no treaty so formed becomes binding upon the country1 unless it receives the deliberate assent of two thirds of the ,senate40#hf ,nothing can be more positive4 ,therefore1 even at the expense of repetition1 ,i insist1 that1 as the power to declare war is under the safeguard of ,congress with the concurrence of the ,president1 so is the power to make a treaty in the ,president with the concurrence of two thirds of the ,senate1--but the act of neither becomes binding without this concurrence4 ,thus1 on grounds of authority1 as well as of reason1 is it clear that the undertaking of the ,president to employ the ,war ,powers without the authority of ,congress was void1 and every employment of these ,war ,powers in pursuance thereof was a usurpation4 ,if the ,president were a king1 with the kingly prerogative either to declare war or to make treaties1 he might do what he has done2 but being only ,president1 with the limited powers established by the ,constitution1 he cannot do it4 ,the assumption in the ,dominican treaty is exceptional and abnormal1 being absolutely without precedent4 ,the treaty with ,france in #ahjc for the cession of ,louisiana contained no such assumption2 nor did the treaty with ,spain in #ahai for the cession of ,florida2 nor did the treaty with ,mexico in #ahdh1 by which the title to ,texas and ,california was assured2 nor did the treaty with ,mexico in #ahec1 by which new territory was obtained2 nor did the treaty with ,russia in #ahfg for the cession of her possessions in ,north ,america4 ,in none of these treaties was there any such assumption of power4 ,the ,louisiana treaty stipulated that possession should be taken by the ,united ,states 8immediately after the ratification of the present treaty by the ,president of the ,united ,states1 and in case that of the ,first ,consul shall have been previously obtained40#hg ,the ,florida treaty stipulated 8six months after the exchange of the ratification of this treaty1 or sooner1 if possible40#hh ,but these stipulations1 by which possession on our part1 with corresponding responsibilities1 was adjourned till after the exchange of ratifications1 were simply according to the dictate of reason1 in harmony with the requirement of our ,constitution4 ,the case of ,texas had two stages3 first1 under an unratified treaty2 and1 secondly1 under a ,joint ,resolution of ,congress4 ,what was done under the latter had the concurrence of ,congress and the ,president2 so that the inchoate title of the ,united ,states was created by ,act of ,congress1 in plain contradiction to the present case1 where the title1 whatever it may be1 is under an unratified treaty1 and is created by the ,president alone4 ,here is a manifest difference1 not to be forgotten4 ,during the pendency of the treaty1 there was an attempt by ,john ,tyler1 aided by his ,secretary of ,state1 ,john ,c4 ,calhoun1 to commit the ,united ,states to the military support of ,texas4 ,it was nothing but an attempt4 ,there was no belligerent intervention or act of war1 but only what ,benton calls an 8assumpsit0 by ,calhoun4 ,on this 8assumpsit0 the veteran ,senator1 in the memoirs of his ,thirty ,years in the ,senate1 breaks forth in these indignant terms3-- 8,as to secretly lending the ,army and ,navy of the ,united ,states to ,texas to fight ,mexico while we were at peace with her1 it would be a crime against ,god and man and our own ,constitution1 for which heads might be brought to the block1 if ,presidents and their ,secretaries1 like ,constitutional ,kings and ,ministers1 should be held capitally responsible for capital crimes40#hi ,the indignant statesman1 after exposing the unconstitutional charlatanry of the attempt1 proceeds3-- 8,and that no circumstance of contradiction or folly should be wanting to crown this plot of crime and imbecility1 it so happened1 that1 on the same day that our new ,secretary here was giving his written assumpsit to lend the ,army and ,navy to fight ,mexico while we were at peace with her1 the agent ,murphy was communicating to the ,texan ,government1 in ,texas1 the refusal of ,mr4 ,tyler1 through ,mr4 ,nelson1 to do so1 because of its unconstitutionality40#ij ,mr4 ,nelson1 ,secretary of ,state ad interim1 wrote ,mr4 ,murphy1 our ,minister in ,texas1 under date of ,march #aa1 #ahdd1 that 8the employment of the ,army or ,navy against a foreign power with which the ,united ,states are at peace is not within the competency of the ,president40#ia ,again ,benton says3-- 8,the engagement to fight ,mexico for ,texas1 while we were at peace with ,mexico1 was to make war with ,mexico6--a piece of business which belonged to the ,congress1 and which should have been referred to them1 and which1 on the contrary1 was concealed from them1 though in session and present40#ib ,in the face of this indignant judgment1 already the undying voice of history1 the 8assumpsit0 of ,john ,c4 ,calhoun will not be accepted as a proper example for a ,republican ,president4 ,but there is not a word of that powerful utterance by which this act is forever blasted that is not strictly applicable to the 8assumpsit0 in the case of ,dominica4 ,if an engagement to fight ,mexico for ,texas1 while we were at peace with ,mexico1 was nothing less than war with ,mexico1 so the present engagement to fight ,hayti for ,dominica1 while we are at peace with ,hayti1 is nothing less than war with ,hayti4 ,nor is it any the less 8a crime against ,god and man and our own ,constitution0 in the case of ,hayti than in the case of ,mexico4 ,but the present case is stronger than that which aroused the fervid energies of ,benton4 ,the 8assumpsit0 here has been followed by belligerent intervention and acts of war4 ,president ,polk1 in his ,annual ,message of ,december1 #ahdf1 paid homage to the true principle1 when he announced that 8the moment the terms of annexation offered by the ,united ,states were accepted by ,texas1 the latter became so far a part of our own country as to make it our duty to afford protection and defence40#ic ,and accordingly he directed those military and naval movements which ended in war with ,mexico4 ,but it will be observed here that these movements were conditioned on the acceptance by ,texas of the terms of annexion definitively proposed by the ,united ,states1 while our title had been created by ,act of ,congress1 and not by the ,president alone4 ,therefore1 according to the precedents of our history1 reinforced by reason and authority1 does the 8assumpsit0 of the treaty fail4 ,i forbear from characterizing it4 ,my duty is performed1 if ,i exhibit it to the ,senate4 ,but this story of a violated ,constitution is not yet complete4 ,even admitting some remote infinitesimal semblance of excuse or apology during the pendency of the treaty1 all of which ,i insist is absurd beyond question1 though not entirely impossible in a quarter unused to constitutional questions and heeding them little1--conceding that the 8assumpsit0 inserted in the treaty by the ,secretary of ,state had deceived the ,president into the idea that he possessed the kingly prerogative of declaring war at his own mere motion1--and wishing to deal most gently even with an undoubted usurpation of the kingly prerogative1 so long as the ,secretary of ,state1 sworn counsellor of the ,president1 supplied the formula for the usurpation1 7and you will bear witness that ,i have done nothing but state the case17--it is hard to hold back1 when the same usurpation is openly prolonged after the ,senate had rejected the treaty on which the exercise of the kingly prerogative was founded1 and when the 8assumpsit0 devised by the ,secretary of ,state had passed into the limbo of things lost on earth4 ,here there is no remote infinitesimal semblance of excuse or apology1--nothing1--absolutely nothing4 ,the usurpation pivots on nonentity1--always excepting the kingly will of the ,president1 which constitutionally is a nonentity4 ,the great artist of ,bologna1 in a much admired statue1 sculptured ,mercury as standing on a puff of air4 ,the ,president has not even a puff of air to stand on4 ,nor is there any question with regard to the facts4 ,saying nothing of the lapse of the treaty on the #bith ,march1 #ahgj1 being the expiration of the period for the exchange of ratifications1 ,i refer to its formal rejection by the ,senate1 ,june #cj1 #ahgj1 which was not unknown to the ,president4 ,in the order of business the rejection was communicated to him1 while it became at once matter of universal notoriety4 ,then1 by way of further fixing the ,president with this notice1 ,i refer to his own admission in the ,annual ,message of ,december last1 when he announces that 8during the last session of ,congress a treaty for the annexation of the ,republic of ,san ,domingo to the ,united ,states failed to receive the requisite two-thirds of the ,senate10 and then1 after denouncing the rejection as 8folly10 he proceeds as follows3-- 8,my suggestion is1 that by ,joint ,resolution of the two ,houses of ,congress the ,executive be authorized to appoint a ,commission to negotiate a treaty with the authorities of ,san ,domingo for the acquisition of that island1 and that an appropriation be made to defray the expenses of such ,commission4 ,the question may then be determined1 either by the action of the ,senate upon the treaty1 or the joint action of the two ,houses of ,congress upon a resolution of annexation1 as in the case of the acquisition of ,texas40 ,thus by the open declaration of the ,president was the treaty rejected1 while six months after the rejection he asks for a ,commission to negotiate a new treaty1 and an appropriation to defray the expenses of the ,commission2 and not perceiving the inapplicability of the ,texas precedent1 he proposes to do the deed by ,joint ,resolution of ,congress4 ,and yet during this intermediate period1 when there was no unratified treaty extant1 the same belligerent intervention has been proceeding1 the same war-ships have been girdling the island with their guns1 and the same naval support has been continued to the usurper ,baez1--all at great cost to the country and by the diversion of our naval forces from other places of duty1 while the ,constitution has been dismissed out of sight like a discharged soldier4 ,already you have seen how this belligerent intervention proceeded after the rejection of the treaty2 how on the #bast ,july1 #ahgj1 ,commodore ,green reported that 8a withdrawal of the protection of the ,united ,states and of the prospect of annexation at some future time would instantly lead to a revolution headed by ,cabral02 how on the #bhth ,august1 #ahgj1 ,lieutenant ,commander ,allen reported ,baez as 8requesting the presence of a vessel on the north side of the island on account of an intended invasion by ,cabral02 how at the same time the usurper cries out that he 8deems the presence of a ship-of-war in the ,bay of ,manzanillo of immediate importance02 how on the #c;d ,september1 #ahgj1 ,commander ,irwin reported that ,baez 8feared an outbreak10 and appealed to the ,commander to 8bring him some of his men that were at ,azua10 which the obliging ,commander did2 how under date of ,september #b1 #ahgj1 the usurper1 after declaring the necessity of a man-of-war at the port of ,san ,domingo1 says that 8none would be more convenient than the ,yantic for the facility of entering the river ,ozama1 owing to her size02 and how again under date of ,october #h1 #ahgj1 the usurper writes still another letter 8to reiterate the necessity of the vessels now in that bay ,samana coming to these southern coasts40 ,all these things you have seen1 attesting constantly our belligerent intervention and the maintenance of ,baez in power by our ,navy1 which became his body-guard and omnipresent upholder1 and all after the rejection of the treaty4 ,i leave them to your judgment without one word of comment1 reminding you only that no ,president is entitled to substitute his kingly will for the ,constitution of our country4 ,in curious confirmation of the first conclusion from the official document1 the letter of ,captain ,temple to ,mr4 ,wade should not be forgotten4 ,this letter has found its way into the papers1 and if not genuine1 it ought to be4 ,it purports to be dated1 ,tennessee1 ,azua ,bay1 ,february #bd1 #ahga4 ,here is the first paragraph3-- 8,i understand that several of the gentlemen belonging to the expedition are to start to-morrow overland for ,port-au-,prince4 ,it may not have occurred to these gentlemen that by so doing they will virtually place themselves in the position of spies1 and if they are taken by ,cabral's people1 they can be hung to the nearest tree by sentence of a drum-head court-martial1 according to all the rules of civilized warfare4 ,for they belong to a nation that1 through the orders of its ,executive to the naval vessels here1 has chosen to take part in the internal conflicts of this country2 they come directly from the head-quarters of ,cabral's enemies2 they are without arms1 uniform1 or authority of any kind for being in a hostile region4 ,they are1 in fact1 spies4 ,they go expressly to learn everything connected with the enemy's country1 and their observations are intended for publication1 and thus indirectly to be reported back to ,president ,baez4 ,surely ,cabral would have a right to prevent this1 if he can40 ,it will be seen that the gallant ,captain does not hesitate to recognize the existing rights of ,cabral under the ,laws of ,war1 and to warn against any journey by members of the ,commission across the island to ,hayti1--as1 if taken by ,cabral's people1 they could be hung to the nearest tree by sentence of drum-head court-martial1 8according to all the rules of civilized warfare02 and the ,captain gives the reason3 8,for they belong to a nation that1 through the orders of its ,executive to the naval vessels here1 has chosen to take part in the internal conflicts of this country40 ,here is belligerent intervention openly recognized by the gallant ,captain1 and without the authority of ,congress4 ,if the gallant ,captain wrote the letter1 he showed himself a master of ,international ,law whom ,senators might do well to follow4 ,if he did not write it1 the instructive jest will at least relieve the weariness of this discussion4 ,,summary4 ,mr4 ,president1 as ,i draw to a close1 allow me to repeat the very deep regret with which ,i make this exposure4 ,most gladly would ,i avoid it4 ,controversy1 especially at my time of life1 has no attraction for me2 but ,i have been reared in the school of duty1 and now1 as of old1 ,i cannot see wrong without trying to arrest it4 ,i plead now1 as ,i have often pleaded before1 for ,justice and ,peace4 ,in the evidence adduced ,i have confined myself carefully to public documents1 not travelling out of the record4 ,dispatches1 naval orders1 naval reports1--these are the unimpeachable authorities4 ,and all these have been officially communicated to the ,senate1 are now printed by its order1 accessible to all4 ,on this unanswerable and cumulative testimony1 where each part confirms the rest1 and the whole has the harmony of truth1 ,i present this transgression4 ,and here it is not ,i who speak1 but the testimony4 ,thus stands the case4 ,international ,law has been violated in two of its commanding rules1 one securing the ,equality of ,nations1 and the other providing against ,belligerent ,intervention1--while a distinctive fundamental principle of the ,constitution1 by which the ,president is deprived of a kingly prerogative1 is disregarded1 and this very kingly prerogative is asserted by the ,president4 ,this is the simplest statement4 ,looking still further at the facts1 we see that all this great disobedience has for its object the acquisition of an outlying tropical island1 with large promise of wealth1 and that in carrying out this scheme our ,republic has forcibly maintained a usurper in power that he might sell his country1 and has dealt a blow at the independence of the ,black ,republic of ,hayti1 which1 besides being a wrong to that ,republic1 was an insult to the ,african race4 ,and all this has been done by kingly prerogative alone1 without the authority of an ,act of ,congress4 ,if such a transaction1 many-headed in wrong1 can escape judgment1 it is difficult to see what securities remain4 ,what other sacred rule of ,international ,law may not be violated8 ,what other foreign nation may not be struck at8 ,what other belligerent menace may not be hurled8 ,what other kingly prerogative may not be seized8 ,on another occasion ,i showed how these wrongful proceedings had been sustained by the ,president beyond all example1 but in a corresponding spirit4 ,never before has there been such ,presidential intervention in the ,senate as we have been constrained to witness4 ,presidential visits to the ,capitol1 with appeals to ,senators1 have been followed by assemblies at the ,executive ,mansion1 also with appeals to ,senators2 and who can measure the pressure of all kinds by himself or agents1 especially through the appointing power1 all to secure the consummation of this scheme8 ,in harmony with this effort was the ,presidential ,message1 where1 while charging the ,senate with 8folly0 in rejecting the treaty1 we are gravely assured that by the proposed acquisition 8our large debt abroad is ultimately to be extinguished10--thus making ,san ,domingo the pack-horse of our vast load4 ,then1 responding to the belligerent menace of his ,admiral1 the ,president makes a kindred menace by proposing nothing less than the acquisition of 8the island of ,san ,domingo10 thus adding the ,black ,republic to his scheme4 ,the innocent population there were startled4 ,their ,minister here protested4 ,nor is it unnatural that it should be so4 ,suppose the ,queen of ,england1 in her speech at the opening of ,parliament1 had proposed in formal terms the acquisition of the ,united ,states2 or suppose ,louis ,napoleon1 in his speech at the opening of the ,chambers1 during the ,mexican ,war1 while the ,french forces were in ,mexico1 had coolly proposed the acquisition of that portion of the ,united ,states adjoining ,mexico and stretching to the ,atlantic1 and1 in support of his proposition1 had set forth the productiveness of the soil1 the natural wealth that abounded there1 and wound up by announcing that out of this might be paid the ,french debt abroad1 which was to be saddled upon the coveted territory4 ,suppose such a proposition by ,louis ,napoleon or by the ,english ,queen1 made in formal speech to ,chambers or ,parliament1 what would have been the feeling in our country8 ,nor would that feeling have been diminished by the excuse that the offensive proposition crept into the speech by accident4 ,whether by accident or design1 it would attest small consideration for our national existence4 ,but the ,haytians love their country as we love ours2 especially are they resolute for national independence4 ,all this is shown by the reports which reach us now1 even if their whole history did not attest it4 ,the language of the ,president in charging the ,senate with 8folly0 was not according to approved precedents4 ,clearly this is not a proper term to be employed by one branch of the ,government with regard to another1 least of all by the ,president with regard to the ,senate4 ,folly1 ,sir6 ,was it folly1 when the ,senate refused to sanction proceedings by which the ,equal ,rights of the ,black ,republic were assailed8 ,was it folly1 not to sanction hostilities against the ,black ,republic without the authority of ,congress8 ,was it folly1 not to sanction belligerent intervention in a foreign country without the authority of ,congress8 ,was it folly1 not to sanction a usurpation of the ,war ,powers under the ,constitution8 ,according to the ,president1 all this was folly in the ,senate4 ,let the country judge4 ,thus do we discern1 whether on the coasts of ,san ,domingo or here at ,washington1 the same determination1 with the same disregard of great principles1 as also the same recklessness toward the people of ,hayti1 who have never injured us4 ,,present ,,duty4 ,in view of these things1 the first subject of inquiry is not soil1 climate1 productiveness1 and possibilities of wealth1 but the exceptional and abnormal proceedings of our own ,government4 ,this inquiry is essentially preliminary in character4 ,before considering the treaty or any question of acquisition1 we must at least put ourselves right as a nation2 nor do ,i see how this can be done without retracing our steps1 and consenting to act in subordination to ,international ,law and the ,constitution of the ,united ,states4 ,beside the essential equity of such submission1 and the moral dignity it would confer upon the ,republic1 which rises when it stoops to ,law1 there are two other reasons of irresistible force at this moment4 ,i need not remind you that the ,senate is now occupied in considering how to suppress lawlessness within our own borders and to save the ,african race from outrage4 ,surely our efforts at home must be weakened by the drama we are now playing abroad4 ,pray1 ,sir1 with what face can we insist upon obedience to ,law and respect for the ,african race1 while we are openly engaged in lawlessness on the coasts of ,san ,domingo and outrage upon the ,african race represented by the ,black ,republic8 ,how can we expect to put down the ,ku-,klux at the ,south1 when we set in motion another proceeding kindred in constant insubordination to ,law and ,constitution8 ,differing in object1 the two are identical in this insubordination4 ,one strikes at national life and the other at individual life1 while both strike at the ,african race4 ,one molests a people1 the other a community4 ,lawlessness is the common element4 ,but it is difficult to see how we can condemn1 with proper1 whole-hearted reprobation1 our own domestic ,ku-,klux1 with its fearful outrages1 while the ,president puts himself at the head of a powerful and costly proceeding operating abroad in defiance of ,international ,law and the ,constitution of the ,united ,states4 ,these are questions which ,i ask with sorrow1 and only in obedience to that truth which is the requirement of this debate4 ,nor should ,i do otherwise than fail in justice to the occasion1 if ,i did not declare my unhesitating conviction1 that1 had the ,president been so inspired as to bestow upon the protection of ,southern ,unionists1 white and black1 one half1 nay1 ,sir1 one quarter1 of the time1 money1 zeal1 will1 personal attention1 personal effort1 and personal intercession1 which he has bestowed on his attempt to obtain half an island in the ,caribbean ,sea1 our ,southern ,ku-,klux would have existed in name only1 while tranquillity reigned everywhere within our borders4 ,applause in the galleries4 ,,the ,,vice-,,president4 ,the ,senator from ,massachusetts will suspend4--,the ,chair cannot consent that there shall be manifestations of approval or disapproval in the galleries2 and he reprehends one as promptly as the other4 ,if they are repeated1 the ,chair must enforce the order of the ,senate4--,the ,senator from ,massachusetts will resume4 ,,mr4 ,,sumner4 ,another reason for retracing the false steps already taken will be found in our duty to the ,african race1 of whom there are four millions within our borders1 recognized as equal before the ,law4 ,to these new-found fellow-citizens1 once degraded and trampled down1 are we bound by every sentiment of justice2 nor can we see their race dishonored anywhere through our misconduct4 ,how vain are professions in their behalf1 if we set the example of outrage6 ,how vain to expect their sympathy and coperation in the support of the ,national ,government1 if the ,president1 by his own mere will1 and in the plenitude of kingly prerogative1 can strike at the independence of the ,black ,republic1 and degrade it in the ,family of ,nations6 ,all this is a thousand times wrong4 ,it is a thousand times impolitic also2 for it teaches the ,african race that they are only victims for sacrifice4 ,now1 ,sir1 as ,i desire the suppression of the ,ku-,klux wherever it shows itself1 and as ,i seek the elevation of the ,african race1 ,i insist that the ,presidential scheme1 which instals a new form of lawlessness on the coasts of ,san ,domingo1 and which at the same time insults the ,african race represented in the ,black ,republic1 shall be arrested4 ,i speak now against that lawlessness on the coasts of ,san ,domingo1 of which the ,president is the head2 and ,i speak also for the ,african race1 which the ,president has trampled down4 ,is there any ,senator in earnest against the ,ku-,klux8 ,let him arrest the present lawlessness on the coasts of ,san ,domingo4 ,is there any ,senator ready at all times to seek the elevation of the ,african race8 ,here is the occasion for his best efforts4 ,on the question of acquisition ,i say nothing to-day1 only alluding to certain points involved4 ,sometimes it is insisted that emigrants will hurry in large numbers to this tropical island when once annexed1 and thus swell its means2 but this allegation forgets1 that1 according to the testimony of ,history1 peaceful emigration travels with the sun on parallels of latitude1 and not on meridians of longitude1 mainly following the isothermal line1 and not turning off at right-angles1 whether ,north or ,south4 ,sometimes it is insisted that it will be better for the people of this island1 if annexed to our ,republic2 but this allegation forgets the transcendent question1 ,whether it is better for them1 better for the ,african race1 better for ,civilization1 that the ,black ,republic should be absorbed out of sight1 instead of being fostered into a successful example of self-government for the redemption of the race1 not only on the ,caribbean islands1 but on the continent of ,africa8 ,then1 again1 arises that other question1 ,whether we will assume the bloody hazards involved in this business1 as it has been pursued1 with the alternative of expenditures for war-ships and troops1 causing most painful anxieties1 while the land of ,toussaint ,l',ouverture listens to the constant whisper of ,independence8 ,and there is still that other question of debts and obligations1 acknowledged and unacknowledged1 with an immense claim by ,hayti and an unsettled boundary1 which ,i have already called a bloody lawsuit4 ,over all is that other question1 ,whether we will begin a system1 which1 first fastening upon ,dominica1 must1 according to the admission of the plenipotentiary ,fabens made to myself1 next take ,hayti1 and then in succession the whole tropical group of the ,caribbean ,sea1--so that we are now to determine if all the islands of the ,west ,indies shall be a component part of our ,republic1 helping to govern us1 while the ,african race is dispossessed of its natural home in this hemisphere4 ,no question equal in magnitude1 unless it be that of ,slavery1 has arisen since the days of ,washington4 ,these questions ,i state only4 ,meanwhile to my mind there is something better than belligerent intervention and acts of war with the menace of absorption at untold cost of treasure4 ,it is a sincere and humane effort on our part1 in the spirit of peace1 to reconcile ,hayti and ,dominica1 and to establish tranquillity throughout the island4 ,let this be attempted1 and our ,republic will become an example worthy of its name and of the civilization which it represents1 while ,republican ,institutions have new glory4 ,the blessings of good men will attend such an effort2 nor can the smile of ,heaven be wanting4 ,and may we not justly expect the ,president to unite in such a measure of peace and good-will8 ,he that ruleth his spirit is greater than he that taketh a city2 and so the ,president1 ruling his spirit in subjection to the humane principles of ,international ,law and the ,constitution of his country1 will be greater than if he had taken all the islands of the sea4 ,the ,commission appointed under the ,joint ,resolution visited ,san ,domingo1 and their ,report1 which was favorable to the proposed annexion1 the ,president communicated to ,congress2 but no further action was taken to carry the scheme into effect4 ,,personal ,,relations ,,with ,,the ,,president ,,and ,,secretary ,,of ,,state4 ,,an ,,explanation ,,in ,,reply ,,to ,,an ,,assault4 ,,statement ,,prepared ,,for ,,presentation ,,in ,,the ,,senate1 ,,march1 #ahga4 ,si rixa est1 ubi tu pulsas1 ego vapulo tantum4 ,stat contra1 starique jubet2 parere necesse est4 ,nam quid agas1 cum te furiosus cogat1 et idem ,fortior8 ,,juvenal1 ,sat4 ,,iii4 #bhi-ib4 ,,to ,,the ,,reader4 ,this statement was prepared in ,march1 shortly after the debate in the ,senate1 but was withheld at that time1 from unwillingness to take part in the controversy1 while able friends regarded the question of principle involved as above every personal issue4 ,yielding at last to various pressure1 ,mr4 ,sumner concluded to present it at the recent called session of the ,senate1 but the ,treaty with ,great ,britain and the case of the ,newspaper ,correspondents were so engrossing as to leave no time for anything else4 ,,washington1 ,june1 #ahga4 ,,note4 ,with the failure of an opportunity for the presentation of the proposed statement in the ,senate ,mr4 ,sumner's indisposition to appeal to the public returned with increased strength1 manifested1 after printing1 by limiting the communication of copies to personal friends1 with the inscription1 8,unpublished1--private and confidential1--not to go out of ,mr4 ----'s hands40 ,says one to whom it was thus confided3 8,i frequently urged him afterwards to make it public4 ,his reply was1 in substance1 that he should not do it for personal vindication merely2 that1 so far as ,mr4 ,motley was concerned1 he thought the matter stood well enough before the public2 but if the time should come when the ends of justice required its publication1 he should remove the injunction of secrecy4 ,while he lived ,i respected his injunction4 ,after his death ,i felt that justice to his memory not only justified1 but required me to make the #8,explanation' public4''' ,accordingly1 after conferring with ,mr4 ,whitelaw ,reid1 of the #8,new ,york ,tribune1' ,i sent it to him1 and it was published in that journal of ,april #f1 #ahgd40--;,f4 ,w4 ,,bird1 ,introductory to his pamphlet edition1 ,boston and ,new ,york1 #ahgh4 ,the seal having been thus broken1 there can obviously no longer be question as to the propriety of including an article of such high interest and importance in a collection of ,mr4 ,sumner's ,works2 and it accordingly here follows in due course4 99 99 99 99 99 ,as one consequence of the leading part taken by ,mr4 ,sumner in opposition to the scheme for the annexation of ,san ,domingo to the ,united ,states1 the friends of that scheme formed the determination to depose him from the influential position long held by him as ,chairman of the ,committee on ,foreign ,relations4 ,in pursuance of this determination1 at the opening of the ,session of #ahga1 on a vote1 ,march #ajth1 to proceed to the election of the ,standing ,committees1 ,mr4 ,howe1 of ,wisconsin1 as the organ of a ,senatorial ,caucus on the subject1 sent to the ,chair a list which had been agreed upon1 with the name of ,mr4 ,cameron1 of ,pennsylvania1 substituted for that of ,mr4 ,sumner1 at the head of the ,committee in question1--alleging1 as the reason for this change1 8that the personal relations existing between the ,senator from ,massachusetts and the ,president of the ,united ,states and the head of the ,state ,department were such as precluded all social intercourse between them40 ,thereupon ensued the debate referred to in the prefatory note to the following paper1 and characterized in the text as ,mr4 ,sumner's 8trial before the ,senate on articles of impeachment40#id ,,statement4 ,while ,i was under trial before the ,senate1 on articles of impeachment presented by the ,senator from ,wisconsin1 ,mr4 ,,howe1 ,i forbore taking any part in the debate1 even in reply to allegations1 asserted to be of decisive importance1 touching my relations with the ,president and ,secretary of ,state4 ,all this was trivial enough2 but numerous appeals to me from opposite parts of the country show that good people have been diverted by these allegations from the question of principle involved4 ,without intending in any way to revive the heats of that debate1 ,i am induced to make a plain statement of facts1 so that the precise character of those relations shall be known4 ,i do this with unspeakable reluctance1 but in the discharge of a public duty where the claims of patriotism are above even those of self-defence4 ,the ,senate and the country have an interest in knowing the truth of this matter1 and so also has the ,republican party1 which cannot be indifferent to pretensions in its name2 nor will anything but the completest frankness be proper for the occasion4 ,in overcoming this reluctance ,i am aided by ,senators who are determined to make me speak4 ,the ,senator from ,wisconsin1 ,mr4 ,,howe1 who appears as prosecuting officer1 after alleging these personal relations as the gravamen of accusation against me1--making the issue pointedly on this floor1 and actually challenging reply1--not content with the opportunity of this ,chamber1 hurried to the public press1 where he repeated the accusation1 and now circulates it1 as ,i am told1 under his frank1 crediting it in formal terms to the liberal paper in which it appeared1 but without allusion to the editorial refutation which accompanied it4 ,on still another occasion1 appearing still as prosecuting officer1 the same ,senator volunteered1 out of his own invention1 to denounce me as leaving the ,republican party1--and this he did1 with infinite personality of language and manner1 in the very face of my speech to which he was replying1 where1 in positive words1 ,i declare that ,i speak 8for the sake of the ,republican party10 which ,i hope to save from responsibility for wrongful acts1 and then1 in other words making the whole assumption of the ,senator an impossibility1 ,i announce1 that in speaking for the ,republican party it is 8because from the beginning ,i have been the faithful servant of that party and aspire to see it strong and triumphant40#ie ,in the face of this declared aspiration1 in harmony with my whole life1 the ,senator delivered his attack1 and1 assuming to be nothing less than ,pope1 launched against me his bull of excommunication4 ,then1 again playing ,pope1 he took back his thunder1 with the apology that others thought so1 and this alleged understanding of others he did not hesitate to set above my positive and contemporaneous language that ,i aspired to see the ,republican party strong and triumphant4 ,then came the ,senator from ,ohio1 ,mr4 ,,sherman1 who1 taking up his vacation pen1 added to the articles of impeachment by a supplementary allegation1 adopted by the ,senator under a misapprehension of facts4 ,here was another challenge4 ,during all this time ,i have been silent4 ,senators have spoken1 and then rushed into print2 but ,i have said nothing4 ,they have had their own way with regard to me4 ,it is they who leave me no alternative4 99 99 99 99 99 ,it is alleged that ,i have no personal relations with the ,president4 ,here the answer is easy4 ,i have precisely the relations which he has chosen4 ,on reaching ,washington in ,december last1 ,i was assured from various quarters that the ,white ,house was angry with me2 and soon afterward the public journals reported the ,president as saying to a ,senator1 that1 if he were not ,president1 he 8would call me to account40 ,what he meant ,i never understood1 nor would ,i attribute to him more than he meant2 but that he used the language reported ,i have no doubt1 from information independent of the newspapers4 ,i repeat that on this point ,i have no doubt4 ,the same newspapers reported1 also1 that a member of the ,president's household1 enjoying his peculiar confidence1 taking great part in the ,san ,domingo scheme1 had menaced me with personal violence4 ,i could not believe the story1 except on positive1 unequivocal testimony4 ,that the menace was made on the condition of his not being an ,army officer ,i do not doubt4 ,the member of the household1 when interrogated by my excellent colleague1 ,mr4 ,,wilson1 positively denied the menace2 but ,i am assured1 on authority above question1 that he has since acknowledged it1 while the ,president still retains him in service1 and sends him to this ,chamber4 ,during this last session1 ,i have opposed the ,presidential policy on an important question1--but always without one word touching motives1 or one suggestion of corruption on his part1 although ,i never doubted that there were actors in the business who could claim no such immunity4 ,it now appears that ,fabens1 who came here as plenipotentiary to press the scheme1 has concessions to such amount that the diplomatist is lost in the speculator4 ,i always insisted that the ,president was no party to any such transaction4 ,i should do injustice to my own feelings1 if ,i did not here declare my regret that ,i could not agree with the ,president4 ,i tried to think as he did1 but ,i could not4 ,i listened to the arguments on his side1 but in vain4 ,the adverse considerations multiplied with time and reflection4 ,to those who know the motives of my life it is superfluous for me to add that ,i sought simply the good of my country and ,humanity1 including especially the good of the ,african race1 to which our country owes so much4 ,already there was anger at the ,white ,house when the scheme to buy and annex half an island in the ,caribbean ,sea was pressed upon the ,senate in legislative session under the guise of appointing a ,commission1 and it became my duty to expose it4 ,here ,i was constrained to show how1 at very large expense1 the usurper ,baez was maintained in power by the ,navy of the ,united ,states to enable him to sell his country1 while at the same time the independence of the ,black ,republic was menaced1--all of which was in violation of ,international ,law1 and of the ,constitution of the ,united ,states1 which reserves to ,congress the power 8to declare war40 ,what ,i said was in open debate1 where the record will speak for me4 ,i hand it over to the most careful scrutiny1 knowing that the ,president can take no just exception to it1 unless he insists upon limiting proper debate1 and boldly denies the right of a ,senator to express himself freely on great acts of wrong4 ,nor will any ,republican ,senator admit that the ,president can impose his own sole will upon the ,republican party4 ,our party is in itself a ,republic with universal suffrage1 and until a measure is adopted by the party no ,republican ,president can make it a party test4 99 99 99 99 99 ,much as ,i am pained in making this statement with regard to the ,president1 infinitely more painful to me is what ,i must present with regard to the ,secretary of ,state4 ,here again ,i remark that ,i am driven to this explanation4 ,his strange and unnatural conduct toward me1 and his prompting of ,senators1 who1 one after another1 have set up my alleged relations with him as ground of complaint1 make it necessary for me to proceed4 ,we were sworn as ,senators on the same day1 as far back as #ahea1 and from that distant time were friends until the ,san ,domingo business intervened4 ,nothing could exceed our kindly relations in the past4 ,on the evening of the inauguration of ,general ,grant as ,president1 he was at my house with ,mr4 ,motley in friendly communion1 and all uniting in aspirations for the new ,administration4 ,little did ,mr4 ,motley or myself imagine in that social hour that one of our little circle was so soon to turn upon us both4 ,shortly afterward ,mr4 ,fish became ,secretary of ,state1 and began his responsible duties by appealing to me for help4 ,i need not say that ,i had pleasure in responding to his call1 and that ,i did what ,i could most sincerely and conscientiously to aid him4 ,of much1 from his arrival down to his alienation on the ,san ,domingo business1 ,i possess the written record4 ,for some time he showed a sympathy with the scheme almost as little as my own4 ,but as the ,president grew in earnestness the ,secretary yielded1 until tardily he became its attorney4 ,repeatedly he came to my house1 pleading for the scheme4 ,again and again he urged it1 sometimes at my house and sometimes at his own4 ,i was astonished that he could do so1 and expressed my astonishment with the frankness of old friendship4 ,for apology he announced that he was the ,president's friend1 and took office as such4 8,but10 said ,i1 8you should resign rather than do this thing40 ,this ,i could not refrain from remarking1 on discovery1 from dispatches in the ,state ,department1 that the usurper ,baez was maintained in power by our ,navy4 ,this plain act of wrong required instant redress2 but the ,secretary astonished me again by his insensibility to my appeal for justice4 ,he maintained the ,president1 as the ,president maintained ,baez4 ,i confess that ,i was troubled4 ,at last1 some time in ,june1 #ahgj1 a few weeks before the ,san ,domingo treaty was finally rejected by the ,senate1 the ,secretary came to my house about nine o'clock in the evening and remained till after the clock struck midnight1 the whole protracted visit being occupied in earnest and reiterated appeal that ,i should cease my opposition to the ,presidential scheme2 and here he urged that the election which made ,general ,grant ,president had been carried by him1 and not by the ,republican party1 so that his desires were entitled to especial attention4 ,in his pressure on me he complained that ,i had opposed other projects of the ,president4 ,in reply to my inquiry1 he named the repeal of the ,tenure-of-,office ,act1 and the nomination of ,mr4 ,jones as ,minister to ,brussels1 both of which the ,president had much at heart1 and he concluded with the ,san ,domingo treaty4 ,i assured the ,secretary firmly and simply1 that1 seeing the latter as ,i did with all its surroundings1 my duty was plain1 and that ,i must continue to oppose it so long as it appeared to me wrong4 ,he was not satisfied1 and renewed his pressure in various forms1 returning to the point again and again with persevering assiduity that would not be arrested1 when at last1 finding me inflexible1 he changed his appeal1 saying1 8,why not go to ,london8 ,i offer you the ,english mission4 ,it is yours40 ,of his authority from the ,president ,i know nothing4 ,i speak only of what he said4 ,my astonishment was heightened by indignation at this too palpable attempt to take me from my post of duty2 but ,i suppressed the feeling which rose to the lips1 and1 reflecting that he was an old friend and in my own house1 answered gently1 8,we have a ,minister there who cannot be bettered40 ,thus already did the mission to ,london begin to pivot on ,san ,domingo4 ,i make this revelation only because it is important to a correct understanding of the case1 and because the conversation from beginning to end was official in character1 relating exclusively to public business1 without suggestion or allusion of a personal nature1 and absolutely without the slightest word on my part leading in the most remote degree to any such overture1 which was unexpected as undesired4 ,the offer of the ,secretary was in no respect a compliment or kindness1 but in the strict line of his endeavor to silence my opposition to the ,san ,domingo scheme1 as is too apparent from the facts1 while it was plain1 positive1 and unequivocal1 making its object and import beyond question4 ,had it been merely an inquiry1 it were bad enough1 under the circumstances2 but it was direct and complete1 as by a plenipotentiary4 ,shortly afterward1 being the day immediately following the rejection of the ,san ,domingo treaty1 ,mr4 ,motley was summarily removed1--according to present pretence1 for an offending not only trivial and formal1 but condoned by time1 being a year old3 very much as ,sir ,walter ,raleigh1 after being released from the ,tower to conduct a distant expedition as admiral of the fleet1 was at his return beheaded on a judgment of fifteen years' standing4 ,the ,secretary1 in conversation and in correspondence with me1 undertook to explain the removal1 insisting for a long time that he was 8the friend of ,mr4 ,motley02 but he always made the matter worse1 while the heats of ,san ,domingo entered into the discussion4 ,at last1 in ,january1 #ahga1 a formal paper justifying the removal and signed by the ,secretary was laid before the ,senate4#if ,glancing at this document1 ,i found1 to my surprise1 that its most salient characteristic was constant vindictiveness toward ,mr4 ,motley1 with effort to wound his feelings2 and this was signed by one who had sat with him at my house in friendly communion and common aspiration on the evening of the inauguration of ,general ,grant1 and had so often insisted that he was 8the friend of ,mr4 ,motley10--while1 as if it was not enough to insult one ,massachusetts citizen in the public service1 the same document1 after a succession of flings and sneers1 makes a kindred assault on me2 and this is signed by one who so constantly called me 8friend10 and asked me for help4 ,the ,senator from ,missouri ,mr4 ,,schurz has already directed attention to this assault1 and has expressed his judgment upon it1--confessing that he 8should not have failed to feel the insult10 and then exclaiming1 with just indignation1 8,when such things are launched against any member of this body1 it becomes the ,american ,senate to stand by him1 and not to attempt to disgrace and to degrade him because he shows the sensitiveness of a gentleman40#ig ,it is easy to see how this ,senator regarded the conduct of the ,secretary4 ,nor is its true character open to doubt1 especially when we consider the context1 and how this full-blown personality naturally flowered out of the whole document4 ,mr4 ,motley1 in his valedictory to the ,state ,department1 had alluded to the rumor that he was removed on account of my opposition to the ,san ,domingo treaty4 ,the document signed by the ,secretary1 while mingling most offensive terms with regard to his 8friend0 in ,london1 thus turns upon his 8friend0 in ,washington3-- 8,it remains only to notice ,mr4 ,motley's adoption of a rumor which had its origin in this city in a source bitterly1 personally1 and vindictively hostile to the ,president4 8,mr4 ,motley says it has been rumored that he was #8removed from the post of ,minister to ,england' on account of the opposition made by an #8eminent ,senator1 who honors me him with his friendship1' to the ,san ,domingo treaty4 8,men are apt to attribute the causes of their own failures or their own misfortunes to others than themselves1 and to claim association or seek a partnership with real or imaginary greatness with which to divide their sorrows or their mistakes4 ,there can be no question as to the identity of the eminent ,senator at whose door ,mr4 ,motley is willing to deposit the cause of his removal4 ,but he is entirely mistaken in seeking a vicarious cause of his loss in confidence and favor2 and it is unworthy of ,mr4 ,motley's real merit and ability1 and an injustice to the venerable ,senator alluded to1 7to whose influence and urgency he was originally indebted for his nomination17 to attribute to him any share in the cause of his removal4 8,mr4 ,motley must know1 or1 if he does not know it1 he stands alone in his ignorance of the fact1 that many ,senators opposed the ,san ,domingo treaty openly1 generously1 and with as much efficiency as did the distinguished ,senator to whom he refers1 and have nevertheless continued to enjoy the undiminished confidence and the friendship of the ,president1--than whom no man living is more tolerant of honest and manly differences of opinion1 is more single or sincere in his desire for the public welfare1 is more disinterested or regardless of what concerns himself1 is more frank and confiding in his own dealings1 is more sensitive to a betrayal of confidence1 or would look with more scorn and contempt upon one who uses the words and the assurances of friendship to cover a secret and determined purpose of hostility40#ih ,the eulogy of the ,president here is at least singular1 when it is considered that every dispatch of the ,secretary of ,state is by order of the ,president2 but it is evident that the writer of this dispatch had made up his mind to set all rule at defiance4 ,if1 beyond paying court to the ,president1 even at the expense of making him praise himself1 the concluding sentence of this elaborate passage1 so full of gall from beginning to end1 had any object1 if it were anything but a mountain of words1 it was an open attempt to make an official document the vehicle of personal insult to me2 and this personal insult was signed 8,,hamilton ,,fish40 ,as ,i became aware of it1 and found also that it was regarded by others in the same light1 ,i was distressed and perplexed4 ,i could not comprehend it4 ,i knew not why the ,secretary should step so far out of his way1 in a manner absolutely without precedent1 to treat me with ostentatious indignity1--especially when ,i thought that for years ,i had been his friend1 that ,i had never spoken of him except with kindness1 and that constantly since assuming his present duties he had turned to me for help4 ,this was more incomprehensible when ,i considered how utterly groundless were all his imputations4 ,i have lived in vain1 if such an attempt on me can fail to rebound on its author4 ,not lightly would ,i judge an ancient friend4 ,for a time ,i said nothing to anybody of the outrage1 hoping that perhaps the ,secretary would open his eyes to the true character of the document he had signed and volunteer some friendly explanation4 ,meanwhile a proposition to resume negotiations was received from ,england1 and the ,secretary1 it seems1 desired to confer with me on the subject2 but there was evident consciousness on his part that he had done wrong1--for1 instead of coming to me at once1 he sent for ,mr4 ,patterson1 of the ,senate1 and1 telling him that he wished to confer with me1 added1 that he did not know precisely what were his relations with me and how ,i should receive him4 ,within a brief fortnight ,i had been in conference with him at the ,state ,department and had dined at his house1 besides about the same time making a call there4 ,yet he was in doubt about his relations with me4 ,plainly because1 since the conference1 the dinner1 and the call1 the document signed by him had been communicated to the ,senate1 and the conscience-struck ,secretary did not know how ,i should take it4 ,mr4 ,patterson asked me what he should report4 ,i replied1 that1 should the ,secretary come to my house1 he would be received as an old friend1 and that at any time ,i should be at his service for consultation on public business1 but that ,i could not conceal my deep sense of personal wrong received from him absolutely without reason or excuse4 ,that this message was communicated by ,mr4 ,patterson ,i cannot doubt1--for the ,secretary came to my house1 and there was a free conference4 ,how frankly ,i spoke on public questions1 without one word on other things1 the ,secretary knows4 ,he will remember if any inquiry1 remark1 or allusion escaped from me1 except in reference to public business4 ,the interview was of business and nothing else4 ,on careful reflection1 it seemed to me plain1 that1 while meeting the ,secretary officially1 it would not be consistent with self-respect for me to continue personal relations with one who had put his name to a document1 which1 after protracted fury toward another1 contained a studied insult to me1 where the fury was intensified rather than tempered by too obvious premeditation4 ,public business must not suffer1 but in such a case personal relations naturally cease2 and this rule ,i have followed since4 ,is there any ,senator who would have done less8 ,are there not many who would have done more8 ,i am at a loss to understand how the ,secretary could expect anything beyond those official relations which ,i declared my readiness at all times to maintain1 and which1 even after his assault on me1 he was willing to seek at my own house4 ,to expect more shows on his part grievous insensibility to the thing he had done4 ,whatever one signs he makes his own2 and the ,secretary1 when he signed this document1 adopted a libel upon his friend1 and when he communicated it to the ,senate he published the libel4 ,nothing like it can be shown in the history of our ,government4 ,it stands alone4 ,the ,secretary is alone4 ,like ,jean ,paul in ,german literature1 his just title will be 8,the ,only ,one40 ,for years ,i have known ,secretaries of ,state and often differed from them1 but never before did ,i receive from one anything but kindness4 ,never before did a ,secretary of ,state sign a document libelling an associate in the public service1 and publish it to the world4 ,never before did a ,secretary of ,state so entirely set at defiance every sentiment of friendship4 ,it is impossible to explain this strange aberration1 except from the disturbing influence of ,san ,domingo4 ,but whatever its origin1 its true character is beyond question4 ,as nothing like this state-paper can be shown in the history of our ,government1 so also nothing like it can be shown in the history of other ,governments4 ,not an instance can be named in any country1 where a personage in corresponding official position has done such a thing4 ,the ,american ,secretary is alone1 not only in his own country1 but in all countries2 8none but himself can be his parallel40 ,seneca1 in the 8,hercules ,furens10 has pictured him3-- 8,quris ,alcid parem8 ,nemo est1 nisi ipse40 ,he is originator and first inventor1 with all prerogatives and responsibilities thereto belonging4 ,i have mentioned only one sally in this painful document2 but the whole1 besides its prevailing offensiveness1 shows inconsistency with actual facts of my own knowledge1 which is in entire harmony with the recklessness toward me1 and attests the same spirit throughout4 ,thus1 we have the positive allegation that the death of ,lord ,clarendon1 ,june #bg1 #ahgj1 8determined the time for inviting ,mr4 ,motley to make place for a successor10#ii when1 in point of fact1 some time before his ,lordship's illness even1 the ,secretary had invited me to go to ,london as ,mr4 ,motley's successor1--thus showing that the explanation of ,lord ,clarendon's death was an after-thought1 when it became important to divert attention from the obvious dependence of the removal upon the defeat of the ,san ,domingo treaty4 ,a kindred inconsistency arrested the attention of the ,london 8,times10 in its article of ,january #bd1 #ahga1 on the document signed by the ,secretary4 ,here1 according to this journal1 the document supplied the means of correction1 since it set forth that on the #beth ,june1 two days before ,lord ,clarendon's death1 ,mr4 ,motley's coming removal was announced in a ,london journal4 ,after stating the alleged dependence of the removal upon the death of ,lord ,clarendon1 the journal1 holding the scales1 remarks3 8,and yet there is at least one circumstance1 appearing1 strange to say1 in ,mr4 ,fish's own dispatch1 which is not quite consistent with the explanation he sets up of ,mr4 ,motley's recall40 ,then1 after quoting from the document1 and mentioning that its own correspondent at ,philadelphia did on the #beth ,june 8send us a message that ,mr4 ,motley was about to be withdrawn10 the journal mildly concludes1 that1 8as this was two days before ,lord ,clarendon's death1 which was unforeseen here and could not have been expected in the ,states1 it is difficult to connect the resolution to supersede the late ,american ,minister with the change at our ,foreign ,office40 ,the difficulty of the 8,times0 is increased by the earlier incident with regard to myself4 ,not content with making the removal depend upon the death of ,lord ,clarendon1 when it was heralded abroad not only before the death of this minister had occurred1 but while it was yet unforeseen1 the document seeks to antedate the defeat of the ,san ,domingo treaty1 so as to interpose 8weeks and months0 between the latter event and the removal4 ,the language is explicit4 8,the treaty10 says the document1 8was admitted to be practically dead1 and was waiting only the formal action of the ,senate1 for weeks and months before the decease of the illustrious statesman of ,great ,britain40#ajj ,weeks and months6 ,and yet during the last month1 when the treaty 8was admitted to be practically dead10 the ,secretary who signed the document passed three hours at my house1 pleading with me to withdraw my opposition1 and finally wound up by tender to me of the ,english mission1 with no other apparent object than simply to get me out of the way4 ,then again we have the positive allegation that the ,president embraced an opportunity 8to prevent any further misapprehension of his views through ,mr4 ,motley by taking from him the right to discuss further the #8,alabama claims'02#aja whereas the ,secretary in a letter to me at ,boston1 dated at ,washington1 ,october #i1 #ahfi1 informs me that the discussion of the question was withdrawn from ,london 8because0 7the ,italics are the ,secretary's7 8we think1 that1 when renewed1 it can be carried on here with a better prospect of settlement than where the late attempt at a convention which resulted so disastrously and was conducted so strangely was had02 and what the ,secretary thus wrote he repeated in conversation when we met1 carefully making the transfer to ,washington depend upon our advantage here from the presence of the ,senate3 thus showing that the pretext put forth to wound ,mr4 ,motley was an after-thought4 ,still further1 the document signed by the ,secretary alleges1 by way of excuse for removing ,mr4 ,motley1 the 8important public consideration of having a representative in sympathy with the ,president's views02#ajb whereas1 when the ,secretary tendered the mission to me1 no allusion was made to 8sympathy with the ,president's views10 while ,mr4 ,motley1 it appears1 was charged with agreeing too much with me3 all of which shows how little this matter had to do with the removal1 and how much the ,san ,domingo business at the time was above any question of conformity on other things4 ,in the amiable passage already quoted#ajc there is a parenthesis which breathes the prevailing spirit4 ,by way of aspersion on ,mr4 ,motley and myself1 the country is informed that he was indebted for his nomination to 8influence and urgency0 on my part4 ,of the influence ,i know nothing2 but ,i deny positively any 8urgency40 ,i spoke with the ,president on this subject once casually on the stairs of the ,executive ,mansion1 and then again in a formal interview4 ,and here1 since the effort of the ,secretary1 ,i shall frankly state what ,i said and how it was introduced4 ,i began by remarking1 that1 with the permission of the ,president1 ,i should venture to suggest the expediency of continuing ,mr4 ,marsh in ,italy1 ,mr4 ,morris at ,constantinople1 and ,mr4 ,bancroft at ,berlin1 as all these exerted a peculiar influence and did honor to our country4 ,to this list ,i proposed to add ,dr4 ,howe in ,greece1 believing that he1 too1 would do honor to our country1 and also ,mr4 ,motley in ,london1 who1 ,i suggested1 would have an influence there beyond his official position4 ,the ,president said that nobody should be sent to ,london who was not 8right0 on the ,claims question1 and he kindly explained to me what he meant by 8right40 ,from this time ,i had no conversation with him about ,mr4 ,motley1 until after the latter had left for his post1 when the ,president volunteered to express his great satisfaction in the appointment4 ,such was the extent of my 8urgency40 ,nor was ,i much in advance of the ,secretary at that time2 for he showed me what was called the 8brief0 at the ,state ,department for the ,english mission1 with ,mr4 ,motley's name at the head of the list4 ,other allusions to myself would be cheerfully forgotten1 if they were not made the pretext to assail ,mr4 ,motley1 who is held to severe account for supposed dependence on me4 ,if this were crime1 not the ,minister1 but the ,secretary1 should suffer2 for it is the ,secretary1 and not the ,minister1 who appealed to me constantly for help1 often desiring me to think for him1 and more than once to hold the pen for him4 ,but1 forgetting his own relations with me1 the ,secretary turns upon ,mr4 ,motley1 who never asked me to think for him or to hold the pen for him4 ,other things the ,secretary also forgot4 ,he forgot that the blow he dealt1 whether at ,mr4 ,motley or myself1 rudely tore the veil from the past1 so far as its testimony might be needed in elucidation of the truth2 that the document he signed was a challenge and provocation to meet him on the facts without reserve or concealment2 that the wantonness of assault on ,mr4 ,motley was so closely associated with that on me1 that any explanation ,i might make must be a defence of him2 that1 even if duty to the ,senate and myself did not require this explanation1 there are other duties not to be disregarded1 among which is duty to the absent1 who cannot be permitted to suffer unjustly1--duty to a much-injured citizen of ,massachusetts1 who may properly look to a ,senator of his ,state for protection against official wrong1--duty also to a public servant insulted beyond precedent1 who1 besides writing and speaking most effectively for the ,republican party and for this ,administration1 has added to the renown of our country by unsurpassed success in literature1 commending him to the gratitude and good-will of all4 ,these things the ,secretary strangely forgot1 when he dealt the blow which tore the veil4 ,the crime of the ,minister was dependence on me3 so says the state-paper4 ,a simple narrative will show who is the criminal4 ,my early relations with the ,secretary have already appeared1 and how he began by asking me for help1 practising constantly on this appeal4 ,a few details will be enough4 ,at once on his arrival to assume his new duties1 he asked my counsel about appointing ,mr4 ,bancroft ,davis ,assistant ,secretary of ,state1 and ,i advised the appointment1--without sufficient knowledge1 ,i am inclined to believe now4 ,then followed the questions with ,spain growing out of ,cuba1 which were the subject of constant conference1 where he sought me repeatedly and kindly listened to my opinions4 ,then came the instructions for the ,english mission1 known as the dispatch of ,may #ae1 #ahfi4 ,at each stage of these instructions ,i was in the counsels of the ,secretary4 ,following my suggestion1 he authorized me to invite ,mr4 ,motley in his name to prepare the 8memoir0 or essay on our claims1 which1 notwithstanding its entirely confidential character1 he drags before the world1 for purpose of assault1 in a manner clearly unjustifiable4 ,then1 as the dispatch was preparing1 he asked my help especially in that part relating to the concession of belligerent rights4 ,i have here the first draught of this important passage in pencil and in my own handwriting1 varying in no essential respect from that adopted4 ,here will be found the distinction on which ,i have always insisted1--that1 while other powers conceded belligerent rights to our ,rebels1 it was in ,england only that the concession was supplemented by acts causing direct damage to the ,united ,states4 ,not long afterward1 in ,august1 #ahfi1 when the ,british storm had subsided1 ,i advised that the discussion should be renewed by an elaborate communication1 setting forth our case in length and breadth1 but without any estimate of damages1--throwing upon ,england the opportunity1 if not the duty1 of making some practical proposition4 ,adopting this recommendation1 the ,secretary invited me to write the dispatch4 ,i thought it better that it should be done by another1 and ,i named for this purpose an accomplished gentleman whom ,i knew to be familiar with the question1 and he wrote the dispatch4 ,this paper1 bearing date ,september #be1 #ahfi1 is unquestionably the ablest in the history of the present ,administration1 unless we except the last dispatch of ,mr4 ,motley4 ,in a letter dated at ,washington1 ,october #ae1 #ahfi1 and addressed to me at ,boston1 the ,secretary describes this paper in the following terms3-- 8,the dispatch to ,motley 7which ,i learn by a telegram from him has been received7 is a calm1 full review of our entire case1 making no demand1 no valuation of damages1 but ,i believe covering all the ground and all the points that have been made on our side4 ,i hope that it will meet your views4 ,i think it will4 ,it leaves the question with ,great ,britain to determine when any negotiations are to be renewed40 ,the ,secretary was right in his description4 ,it was a 8full review of our entire case10 8covering all the ground and all the points02 and it did meet my views1 as the ,secretary thought it would1 especially where it arraigned so strongly that fatal concession of belligerent rights on the ocean1 which in any faithful presentment of the national cause will always be the first stage of evidence1--since1 without this precipitate and voluntary act1 the ,common ,law of ,england was a positive protection against the equipment of a corsair ship1 or even the supply of a blockade-runner for unacknowledged rebels4 ,the conformity of this dispatch with my views was recognized by others besides the ,secretary4 ,it is well known that ,lord ,clarendon did not hesitate in familiar conversation to speak of it as 8,mr4 ,sumner's speech over again02 while another ,english personage said that 8it out-,sumnered ,sumner40 ,and yet1 with his name signed to this dispatch1 written at my suggestion1 and in entire conformity with my views1 as admitted by him and recognized by the ,english ,government1 the ,secretary taunts ,mr4 ,motley for supposed harmony with me on this very question4 ,this taunt is still more unnatural when it is known that this dispatch is in similar conformity with the 8memoir0 of ,mr4 ,motley1 and was evidently written with knowledge of that admirable document1 where the case of our country is stated with perfect mastery4 ,but the story does not end here4 ,on the communication of this dispatch to the ,british ,government1 ,mr4 ,thornton was instructed to ascertain what would be accepted by our ,government1 when the ,secretary1 under date of ,washington1 ,november #f1 #ahfi1 reported to me this application1 and then1 after expressing unwillingness to act on it until he 8could have an opportunity of consulting0 me1 he wrote1 8,when will you be here8 ,will you either note what you think will be sufficient to meet the views of the ,senate and of the country1 or will you formulate such proposition80 ,after this responsible commission1 the letter winds up with the earnest request1 8,let me hear from you as soon as you can10 7the ,italics are the ,secretary's17 8and ,i should like to confer with you at the earliest convenient time40 ,on my arrival at ,washington1 the ,secretary came to my house at once1 and we conferred freely4 ,san ,domingo had not yet sent its shadow into his soul4 ,it is easily seen that here was constant and reiterated appeal to me1 especially on our negotiations with ,england2 and yet1 in the face of this testimony1 where he is the unimpeachable witness1 the ,secretary is pleased to make ,mr4 ,motley's supposed relations with me the occasion of insult to him1 while1 as if this were not enough1 he crowns his work with personal assault on me1--all of which1 whether as regards ,mr4 ,motley or me1 is beyond comprehension4 ,how little ,mr4 ,motley merited anything but respect and courtesy from the ,secretary is attested by all who know his eminent position in ,london1 and the service he rendered to his country4 ,already the ,london press1 usually slow to praise ,americans when strenuous for their country1 has furnished its voluntary testimony4 ,the 8,daily ,news0 of ,august #af1 #ahgj1 spoke of the insulted ,minister in these terms3-- 8,we are violating no confidence in saying that all the hopes and promises of ,mr4 ,motley's official residence in ,england have been amply fulfilled1 and that the announcement of his unexpected and unexplained recall was received with extreme astonishment and unfeigned regret4 ,the vacancy he leaves cannot possibly be filled by a ,minister more sensitive to the honor of his ,government1 more attentive to the interests of his country1 and more capable of uniting the most rigorous performance of his public duties with the high-bred courtesy and the conciliatory tact and temper that make those duties easy and successful4 ,mr4 ,motley's successor will find his mission wonderfully facilitated by the firmness and discretion that have presided over the conduct of ,american affairs in this country during too brief a term1 too suddenly and unaccountably concluded40 ,the ,london press had not the key to this extraordinary transaction4 ,it knew not the potency of the ,san ,domingo spell1 nor its strange influence over the ,secretary1 even breeding insensibility to instinctive amenities1 and awakening peculiar unfriendliness to ,mr4 ,motley1 so amply certified afterward in an official document under his own hand1--all of which burst forth with more than the tropical luxuriance of the much-coveted island4 99 99 99 99 99 ,i cannot disguise the sorrow with which ,i offer this explanation4 ,in self-defence and for the sake of truth do ,i now speak4 ,i have cultivated forbearance1 and hoped from the bottom of my heart that ,i might do so to the end4 ,but beyond the call of the public press has been the defiant challenge of ,senators1 and also the consideration sometimes presented by friends1 that my silence might be misinterpreted4 ,tardily and most reluctantly ,i make this record1 believing it more a duty to the ,senate than to myself1 but a plain duty1 to be performed in all simplicity without reserve4 ,having nothing to conceal1 and willing always to be judged by the truth1 ,i court the fullest inquiry1 and shrink from no conclusion founded on an accurate knowledge of the case4 ,if this narration enables any one to see in clearer light the injustice done to ,mr4 ,motley1 then have ,i performed a further duty too long postponed2 nor will it be doubted by any honest nature1 that1 since the assault of the ,secretary1 he was entitled to that vindication which is found in a statement of facts within my own knowledge4 ,anything short of this would be a license to the ,secretary in his new style of state-paper1 which1 for the sake of the public service and of good-will among men1 must be required to stand alone1 in the isolation which becomes its abnormal character4 ,plainly without precedent in the past1 it must be without chance of repetition in the future4 ,here ,i stop4 ,my present duty is performed when ,i set forth the simple facts1 exhibiting those personal relations which have been drawn in question1 without touching the questions of principle behind4 ,,the ,,ku-,,klux-,,klan4 ,,speech ,,in ,,the ,,senate1 ,,on ,,the ,,bill ,,to ,,enforce ,,the ,,provisions ,,of ,,the ,,fourteenth ,,amendment ,,to ,,the ,,constitution1 ,,april #ac1 #ahga4 ,,mr4 ,,president1--,the questions presented in this debate have been of fact and of ,constitutional ,law4 ,it is insisted on one side that a condition of things exists in certain ,states affecting life1 liberty1 property1 and the enjoyment of ,equal ,rights1 which can be corrected only by the national arm4 ,on the other side this statement is controverted1 and it is argued also that such intervention is inconsistent with the ,constitution of the ,united ,states4 ,on both questions1 whether of fact or law1 ,i cannot hesitate4 ,to my mind1 outrages are proved1 fearful in character2 nor can ,i doubt the power under the ,constitution to apply the remedy4 ,the evidence is cumulative4 ,ruffians in paint and in disguise seize the innocent1 insult them1 rob them1 murder them4 ,communities are kept under this terrible shadow4 ,and this terror falls especially upon those who have stood by the ,union in its bloody trial1 and those others of different color who have just been admitted to the blessings of ,freedom4 ,to both of these classes is our nation bound by every obligation of public faith4 ,we cannot see them sacrificed without apostasy4 ,if the power to protect them fails1 then is the ,national ,constitution a failure4 ,i do not set forth the evidence1 for this has been amply done by others1 and to repeat it would be only to occupy time and to darken the hour4 ,the ,report of the ,committee1 at least as regards one ,state1#ajd the testimony of the public press1 the stories of violence with which the air is laden1 and private letters with their painful narrations1--all these unite1 leaving no doubt as to the harrowing condition of things in certain ,states lately in rebellion1--not the same in all these ,states or in all parts of a ,state1 but such as to show in many ,states the social fabric menaced1 disturbed1 imperilled in its very foundations1 while life1 liberty1 property1 and the enjoyment of ,equal ,rights are without that security which is the first condition of civilization4 ,this is the case simply stated4 ,if such things can be without a remedy1 applied1 if need be1 by the national arm1 then are we little more than a bundle of sticks1 but not a nation4 ,believing that we are a nation1 ,i cannot doubt the power and the duty of the ,national ,government4 ,thus on general grounds do ,i approach the true conclusion4 ,so long as ,slavery endured a ,state was allowed to play the turtle1 and1 sheltered within its shell1 to escape the application of those master principles which are truly national4 ,the ,declaration of ,independence with its immortal truths was in abeyance2 the ,constitution itself was interpreted always in support of ,slavery4 ,i never doubted that this interpretation was wrong1--not even in the days of ,slavery2 but it is doubly1 triply wrong now that the ,declaration of ,independence is at last regarded1 and that the ,constitution not only makes ,slavery impossible1 but assures the citizen in the enjoyment of ,equal ,rights4 ,i do not quote these texts1 whether of the ,declaration or the ,constitution4 ,you know them by heart4 ,but they are not vain words4 ,vital in themselves1 they are armed with all needful powers to carry them into execution4 ,as in other days ,slavery gave its character to the ,constitution1 filling it with its own denial of ,equal ,rights1 and compelling the ,national ,government to be its instrument1 so now do ,i insist that ,liberty must give its character to the ,constitution1 filling it with life-giving presence1 and compelling the ,national ,government to be its instrument4 ,once the ,nation served ,slavery1 and in this service ministered to ,state ,rights2 now it must serve ,liberty with kindred devotion1 even to the denial of ,state ,rights4 ,all this ,i insist is plain1 according to rules of interpretation simple and commanding4 ,in other days1 while the sinister influence prevailed1 the ,states were surrounded by a ,chinese wall so broad that horsemen and chariots could travel upon it abreast2 but that wall has now been beaten down1 and the citizen everywhere is under the protection of the same ,equal ,laws1 not only without distinction of color1 but also without distinction of ,state4 ,what makes us a ,nation8 ,not armies1 not fleets1 not fortifications1 not commerce reaching every shore abroad1 not industry filling every vein at home1 not population thronging the highways2 none of these make our ,nation4 ,the national life of this ,republic is found in the principle of ,unity1 and in the ,equal ,rights of all our people1--all of which1 being national in character1 are necessarily placed under the great safeguard of the ,nation4 ,let the ,national ,unity be assailed1 and the ,nation will spring to its defence4 ,let the humblest citizen in the remotest village be assailed in the enjoyment of ,equal ,rights1 and the ,nation must do for that humblest citizen what it would do for itself4 ,and this is only according to the original promises of the ,declaration of ,independence1 and the more recent promises of the ,constitutional ,amendments1 the two concurring in the same national principles4 ,do you question the binding character of the ,great ,declaration8 ,then do ,i invoke the ,constitutional ,amendments4 ,but you cannot turn from either2 and each establishes beyond question the boundaries of national power1 making it coextensive with the ,national ,unity and the ,equal ,rights of ,all1 originally declared and subsequently assured4 ,whatever is announced in the ,declaration is essentially ,national1 and so also is all that is assured4 ,the principles of the ,declaration1 reinforced by the ,constitutional ,amendments1 cannot be allowed to suffer4 ,being common to all1 they must be under the safeguard of all4 ,nor can any ,state set up its local system against the universal law4 ,equality implies universality2 and what is universal must be national4 ,if each ,state is left to determine the protection of ,equal ,rights1 then will protection vary according to the ,state1 and ,equal ,rights will prevail only according to the accident of local law4 ,there will be as many equalities as ,states4 ,therefore1 in obedience to reason1 as well as solemn mandate1 is this power in the ,nation4 ,nor am ,i deterred from this conclusion by any cry of ,centralism1 or it may be of ,imperialism4 ,these are terms borrowed from ,france1 where this abuse has become a tyranny1 subjecting the most distant communities1 even in the details of administration1 to central control4 ,mark1 if you please1 the distinction4 ,but no such tyranny is proposed among us1--nor any interference of any kind with matters local in character4 ,the ,nation will not enter the ,state1 except for the safeguard of rights national in character1 and then only as the sunshine1 with beneficent power1 and1 like the sunshine1 for the equal good of all4 ,as well assail the sun because it is central1 because it is imperial4 ,here is a just centralism2 here is a generous imperialism4 ,shunning with patriotic care that injurious centralism and that fatal imperialism which have been the ,nemesis of ,france1 ,i hail that other centralism which supplies an equal protection to every citizen1 and that other imperialism which makes ,equal ,rights the supreme law1 to be maintained by the national arm in all parts of the land4 ,centralism6 ,imperialism6 ,give me the centralism of ,liberty6 ,give me the imperialism of ,equal ,rights6 ,and may this ,national ,capitol1 where we are now assembled1 be the emblem of our ,nation6 ,planted on a hill-top1 with portals opening ,north and ,south1 ,east and ,west1 with spacious chambers1 and with arching dome crowned by the image of ,liberty1--such is our imperial ,republic2 but in nothing is it so truly imperial as in that beneficent ,sovereignty which rises like a dome crowned by the image of ,liberty4 ,nor am ,i deterred by any party cry4 ,the ,republican party must do its work1 which is nothing less than the regeneration of the ,nation according to the promises of the ,declaration of ,independence4 ,to maintain the ,republic in its unity1 and the people in their rights1--such is this transcendent duty4 ,nor do ,i fear any political party which assails these sacred promises1 even if it falsely assume the name of ,democrat4 ,how powerless their efforts against these immortal principles6 ,for myself1 ,i know no better service than that which ,i now announce4 ,here have ,i labored steadfastly from early life1 bearing obloquy and enmity2 and here again ,i pledge the energies which remain to me1 even if obloquy and enmity survive4 ,,our ,,duty ,,against ,,wrong4 ,,letter ,,to ,,the ,,reform ,,league1 ,,new ,,york1 ,,may #h1 #ahga4 ,this was read by the ,president of the ,league at its first anniversary in ,steinway ,hall1 and reported in the papers4 ,,washington1 ,may #h1 #ahga4 ,,my ,,dear ,,sir1--,it is not in my power to be at your meeting2 but when ,i think that it will be held on the anniversary of the good old ,antislavery ,society1 which was always so apostolic1 ,i pay homage to the day1 and thanks to you for remembering me among its friends4 ,happily1 ,slavery is abolished2 but1 alas6 wrong is not banished from the earth1 nor has it ceased to be organized in human institutions1 or to be maintained by governments4 ,in considering the question of ,san ,domingo1 ,i am sure you will not forget our duty to the ,haytian people1 counting by the hundred thousand1 who now seek peace with the rest of the island1 and would gladly accept our good offices4 8,blessed are the peacemakers60 ,here is our opportunity to obtain this blessing2 but we must begin by stopping our war-dance about the island1 kept up at immense cost for more than a year4 ,faithfully yours1 ,,charles ,,sumner4 ,a4 ,w4 ,,powell1 ,,esq4 ,,power ,,of ,,the ,,senate ,,to ,,imprison ,,recusant ,,witnesses4 ,,speeches ,,in ,,the ,,senate1 ,,may #ah ,,and #bg1 #ahga4 ,may #ah1 #ahga1 ,z4 ,l4 ,white and ,h4 ,j4 ,ramsdell1 newspaper correspondents1 having been taken into custody by order of the ,senate1 for refusing to disclose1 on the requisition of a committee appointed to investigate the matter1 the source whence a copy of the ,treaty of ,washington had been obtained which they had communicated for publication while under consideration in ,executive ,session1 and ,mr4 ,white1 whose case was first presented1 on arraignment at the bar of the ,senate persisting in his refusal1 a resolution was thereupon offered for his commitment to the common jail until he should answer4 ,mr4 ,sumner immediately moved an amendment substituting for the common jail the custody of the ,sergeant-at-,arms1 remarking2-- ,in support of that amendment ,i will say that the only precedent we have in our history known to me for this case is that of ,nugent1#aje and he was committed to the custody of the ,sergeant-at-,arms4 ,it appears from the newspapers of the time that there was a perpetual menace1 as the excitement increased1 that the custody should be changed to the common jail2 but it does not appear that it was so changed4 ,he continued for some two months in the custody of the ,sergeant-at-,arms4 ,we all know1 also1 that after the ,impeachment ,trial a witness was taken into custody2 but it was simply the custody of the ,sergeant-at-,arms of the ,house4#ajf ,there is one other precedent to which ,i ought to allude1 and it will be for the ,senate to say whether they will follow it4 ,it is the resolution of the ,senate in the spring of #ahfj1 on the motion of ,mr4 ,mason1 chairman of the committee raised especially to persecute the supposed associates of ,john ,brown1 and taking one of them into custody1 bringing him into this ,chamber1 propounding to him certain interrogatories which he refused to answer4 ,mr4 ,mason finally brought forward a resolution that he should be committed to the common jail4#ajg ,that1 ,sir1 is the precedent which it is now proposed to follow4 ,the ,senate will consider whether they will follow the lead of ,mr4 ,mason1 author of the ,fugitive ,slave ,bill1 ,chairman of the ,harper's ,ferry ,investigating ,committee1 and afterward a ,rebel1 in committing a citizen to the common jail1 or whether they will follow the better precedent of the ,senate at a better day and under better auspices4 ,on this motion ,i ask for the yeas and nays4 ,the yeas and nays were ordered1 with the result1 for the amendment1 ,yeas #ca1 ,nays #bg4 ,a second resolution1 containing a provision for the continuance of the ,committee1 with a view to holding the witness in custody after the close of the session until he should answer as required1 which ,mr4 ,sumner denounced as contrary to all parliamentary precedent1 prevailed against a motion to strike out this part by ,yeas #bj1 ,nays #cj4 ,corresponding resolutions were subsequently adopted in the case of ,mr4 ,ramsdell1 who had likewise persisted in refusing to answer4 99 99 99 99 99 ,may #bgth1 on a resolution submitted by ,mr4 ,wilson1 of ,massachusetts1 for the discharge of these persons from custody 8immediately upon the final adjournment of the session10 ,mr4 ,sumner spoke as follows3-- ,,mr4 ,,president1--,this question is important1 primarily1 as it concerns the liberty of the citizen2 but it is made important also by the attempt1 to which we have just listened1 to establish for the ,senate a prerogative which on history and precedent does not belong to it4 ,some days ago ,i took the ground1 which ,i shall take to-day1 that on the close of the session of the ,senate any imprisonment founded on its order must cease4 ,of that conclusion1 whether on history or law1 ,i have not the least doubt4 ,i have listened to the argument of the ,senator from ,new ,york1 ,mr4 ,,conkling1 and to his comment upon the authorities adduced4 ,the answer1 to my mind1 is obvious4 ,it will be found simply in stating one of those authorities and calling attention to its precise language4 ,the ,senator from ,ohio ,mr4 ,,sherman has already presented to-day what ,i had the honor of quoting on the first day of this discussion1 the authoritative words of ,may in his work on ,parliamentary ,law1 and also the solemn judgment of ,lord ,denman1 ,chief-,justice of ,england4 ,may says1 speaking of prisoners committed by order of the ,house of ,commons1 that they 8are immediately released from their confinement on a prorogation1 whether they have paid the fees or not4 ,if they were held longer in custody1 they would be discharged by the courts1 upon a writ of ,habeas ,corpus40#ajh ,this statement1 coming as it does from the well-known ,clerk of the ,house of ,commons1 as familiar with the usages of that body as any living man1 is of itself authority4 ,but he adduces the weighty words of ,lord ,denman in the most remarkable case of privilege that has ever occurred in ,english history1 being that of ,stockdale and ,hansard1 which1 it is well known1 was discussed day by day in ,parliament1 week by week in ,westminster ,hall4 ,i have before me the opinions of all the judges on that case1 but the words that are particularly pertinent now are quoted by ,may as follows3-- 8,however flagrant the contempt1 the ,house of ,commons can only commit till the close of the existing session10-- ,mark1 ,sir1 if you please1 how positive he is in his language1-- 8can only commit till the close of the existing session4 ,their privilege to commit is not better known than this limitation of it4 ,though the party should deserve the severest penalties1 yet1 his offence being committed the day before a prorogation1 if the ,house ordered his imprisonment but for a week1 every court in ,westminster ,hall and every judge of all the courts would be bound to discharge him by ,habeas ,corpus40#aji ,these were the words of the ,lord ,chief-,justice of ,england in a most memorable case as late as #ahci4 ,this is no ancient authority1 but something modern and of our day4 ,it is not expressed in vague or uncertain terms1 but in language clear and positive4 ,it is as applicable to the ,senate of the ,united ,states as to the ,house of ,commons4 ,it is applicable to every legislative body sitting under a constitutional government4 ,an attempt has been made to claim for the ,senate prerogatives which belong to the ,house of ,lords4 ,how so8 ,is the ,senate a ,house of ,lords8 ,is it an hereditary body8 ,is it a perpetual body in the sense that the ,house of ,lords is a perpetual body8 ,we know that the ,house of ,lords is in session the whole year round4 ,we know1 that1 according to a rule of the ,civil ,law1 8,tres faciunt collegium10#aaj three make a quorum in the ,house of ,lords4 ,so that the presence of three peers at any time1 duly summoned to the chamber1 constitutes a sufficient quorum for business4 ,therefore the ,house of ,lords has in it an essential element enabling it to come together easily and to continue in perpetual session4 ,it is in its character1 in the elements of its privileges1 clearly distinguishable from the ,senate1 as it is clearly distinguishable from the ,house of ,commons4 ,such privileges as the ,senate has are derived from the ,house of ,commons rather than from the ,house of ,lords1 so far as they are derived from either of these bodies4 ,another attempt has been made1 by criticizing the word 8prorogation10 to find a distinction between the two cases2 but a note to ,may's work on ,parliamentary ,law1 which ,i now have in my hand1 meets that criticism4 ,after saying in the text that the prisoners committed by the ,house of ,commons 8are immediately released from their confinement on a prorogation10 the note says3-- 8,but this law never extended to an adjournment1 even when it was in the nature of a prorogation40#aaa ,take1 for instance1 the adjournments which habitually occur in the ,british ,parliament at the ,christmas holidays1 at the ,easter holidays1 at the ,whitsuntide holidays4 ,you saw in the papers1 only the other day1 that ,mr4 ,gladstone gave notice that the ,house of ,commons would adjourn over several days on account of the ,whitsuntide holidays2 but nobody supposes that that is in the nature of a 8prorogation10 or that a committal by order of the ,house of ,commons would expire on such an adjournment1 as it would not expire on our adjournment for our ,christmas holidays4 ,therefore do the very precedents of the ,british ,parliament answer completely the case put by the ,senator from ,new ,york1 who imagined a difficulty from occasional adjournments at the ,christmas holidays4 ,sir1 we are to look at this precisely as it is4 ,the prorogation of the ,house of ,commons is an adjournment without day1 corresponding precisely to our adjournment without day4 ,i believe in ,massachusetts1 down to this moment1 when the ,legislature has agreed upon the time of its adjournment1 it gives notice to the ,governor1 who sends the ,secretary of the ,commonwealth to prorogue it1 and the ,legislature is declared to be prorogued1--thus following the language so familiar in ,england4 ,then it is argued that this power to commit may be prolonged by a ,committee to sit during the vacation4 ,but how so8 ,the ,committee has no power to commit4 ,the power to commit comes from the ,senate4 ,how does the sitting of the ,committee in the vacation add to its powers8 ,it has no such power while the ,senate is in session4 ,how can it have any such power when the ,senate has closed its session8 ,but the power to protract the imprisonment of a citizen must be kindred with that to imprison4 ,i dismiss the whole argument founded upon the prolongation of the ,committee as entirely irrelevant4 ,prolong the ,committee1 if you please1 till doomsday2 you cannot by that in any way affect the liberty of the citizen4 ,the citizen is imprisoned only by the order of the ,senate1 and the power to imprison or to detain expires with the session4 ,such1 ,sir1 is the rule that we have borrowed from ,england4 ,nor am ,i alone in thus interpreting it4 ,i cited1 the other day1 the authentic work of the late ,judge ,cushing on the ,law and ,practice of ,legislative ,assemblies4 ,i will1 with your permission1 read again his statement1 as follows3-- 8,according to the ,parliamentary ,law of ,england there is a difference between the ,lords and ,commons in this respect3 the former being authorized1 and the latter not1 to imprison for a period beyond the session40 ,that is the testimony of ,judge ,cushing1 who had devoted his life to the study of this subject4 ,he then goes on3-- 8,in this country the power to imprison is either incidental to or expressly conferred upon all our legislative assemblies2 and in some of the ,states it is also regulated by express constitutional provision40 ,then he gives his conclusion3-- 8,where it is not so regulated1 it is understood that the imprisonment terminates with the session40#aab ,mark1 if you please1 8terminates with the session40 ,here you have the authentic words of this special authority1 interpreting the ,english ,parliamentary ,law1 and also declaring our law4 ,who is there that can go behind these words8 ,what ,senator will set up his research or his conclusion against that of this exemplar8 ,who is there here that will venture to claim for the ,senate a prerogative which this ,american authority disclaims for legislative bodies in our country1 unless expressly sanctioned by ,constitutional ,law8 ,i have shown that this power to commit beyond the session does not exist in the ,house of ,commons1 from which we derive such prerogatives or privileges as we have4 ,but the stream cannot rise higher than the fountain-head4 ,how1 then1 if the power does not exist in the ,house of ,commons1 can you find it here8 ,you cannot trace the present assumption to any authentic1 legitimate fountain4 ,if you attempt it1 permit me to say you will fail1 and the assumption will appear without authority1 and therefore a usurpation4 ,i so characterize it1 feeling that ,i cannot be called in question when ,i use this strong language4 ,if you undertake to detain these prisoners beyond the expiration of this session1 you become usurpers1 the ,senate of the ,united ,states usurps power that does not belong to it2 and1 ,sir1 this is more flagrant1 when it is considered that it usurps this power in order to wield it against the liberty of fellow-citizens4 ,when ,i state this conclusion1 ,i feel that ,i stand on supports that cannot be shaken4 ,i stand on ,english authorities sustained by ,american authorities4 ,you cannot find any exception4 ,that in itself is an authority4 ,if you could mention an exception1 ,i should put it aside as an accident or an abuse1 and not as an authority4 ,the rule is fixed and positive2 and ,i now have no hesitation in declaring that it will be the duty of the judge1 on a writ of ,habeas ,corpus1 as soon as this ,senate closes its session1 to set these prisoners at liberty1 unless the ,senate has the good sense in advance to authorize their discharge4 ,i do not doubt the power and the duty of the ,court4 ,i am sure that no judge worthy of a place on the bench will hesitate in this judgment4 ,should he1 ,i would read to him the simple words of the ,lord ,chief-,justice of ,england on the very point3-- 8,if the ,house ordered his imprisonment but for a week1 every court in ,westminster ,hall and every judge of all the courts would be bound to discharge him by ,habeas ,corpus40#aac ,there is no way of answering those words4 ,they are as commanding on this occasion as if they were in the very text of our ,constitution4 ,when ,i say this1 ,i do not speak vaguely2 for ,i am sure that every student of this subject will admit that a judgment like that which ,i have adduced on a question of ,parliamentary ,law1 and in favor of the rights of the subject1 is of an authority in our country equal to the ,constitution itself4 99 99 99 99 99 ,this brings me1 ,sir1 to an important point which ,i had hoped not to be called to discuss1 but which the argument of the ,senator from ,new ,york seems to press upon the consideration of the ,senate and of the country2 and therefore ,i shall open it to your attention1 even if ,i do not discuss it4 ,it is this3 that1 whatever may be the power even in ,england by ,parliamentary ,law1 it by no means follows that the ,senate of the ,united ,states has that power4 ,what is the ,senate8 ,a body created by a written ,constitution1 enjoying certain powers described and defined in the ,constitution itself4 ,the ,constitution says nothing about contempt or punishment for contempt4 ,in order to obtain this power you must go into inference and deduction2 you must infer it or imply it4 ,in the case of impeachments the ,senate becomes a judicial body1 and it is reasonable to infer that it may have the power to compel the attendance of witnesses1--in short1 the powers of a court4 ,the ,senate also1 by express terms of the ,constitution1 has the power to expel a member4 ,there again is an inquiry in its nature judicial2 and should the ,senate on such occasion examine witnesses and proceed as a court1 it may be inferred that it is so authorized by the ,constitution4 ,there is also a third power which the ,senate possesses1 judicial in character3 it is to determine the election of its members4 ,beyond these every power that the ,senate undertakes to exercise on this subject is derived by inference4 ,it does not stand on any text of the ,constitution4 ,it is a mere implication1 and1 being adverse to the rights of the citizen1 it must be construed strictly4 ,now ,i am not ready to say1 ,i do not say1 that the ,senate has not the power to institute a proceeding like that now in question4 ,i am very clear that it has not the power by compulsory process to compel witnesses to testify in aid of legislation1 as was once attempted in what was known familiarly as the ,harper's ,ferry ,investigating ,case4 ,but ,i do not undertake to say that it may not institute a proceeding like that in which we are now engaged2 yet ,i admit its legality with great hesitation and with sincere doubt4 ,i doubt whether such an assumption can stand an argument in this ,chamber2 ,i doubt whether it can stand a discussion before a court of justice4 ,how do you arrive at such a power8 ,the ,senator from ,wisconsin ,mr4 ,,carpenter said1 the other day1 the ,senate1 according to the arguments of certain ,senators1 has not the power of a justice of the peace4 ,the ,senator never spoke truer words3 the ,senate has not the power of a justice of the peace4 ,a justice of the peace is a court with the powers of a court4 ,the ,senate of the ,united ,states is not a court1 except in the cases to which ,i have already referred4 ,it is a serious question whether it is a court in the proceeding which it has now seen fit to institute4 ,were it a court1 then the argument of the ,senator from ,wisconsin might be applicable1 and it might then claim the privileges of a court4 ,it might proceed1 if you please1 to fine as well as to commit4 ,the ,senate in its discretion forbears to fine2 it contents itself with imprisonment4 ,but if it can imprison1 why not fine8 ,why is not the whole catalogue of punishment open to its grasp8 ,i have reminded you1 ,sir1 that our powers1 whatever they may be1 are under a written ,constitution1 and in this important respect clearly distinguishable from the powers of the ,house of ,commons1 which are the growth of tradition and immemorial usage4 ,i am not the first person to take this ground4 ,i find it judicially asserted in most authentic judgments1 to which ,i beg to call the attention of the ,senate4 ,i have in my hands the fourth volume of ,moore's ,privy ,council ,cases1 cases argued in the ,privy ,council of ,england1 many of them being cases that have come up from the ,colonies1--and here is one1 being an appeal from the ,supreme ,court of the island of ,newfoundland4 ,i will read the marginal note3-- 8,the ,house of ,assembly of the island of ,newfoundland does not possess1 as a legal incident1 the power of arrest1 with a view of adjudication on a contempt committed out of the ,house1--but only such powers as are reasonably necessary for the proper exercise of its functions and duties as a local ,legislature4 8,semble4--,the ,house of ,commons possess this power only by virtue of ancient usage and prescription1 the ,lex et ,consuetudo ,parliamenti4 8,semble4--,the ,crown1 by its prerogative1 can create a ,legislative ,assembly in a settled colony1 subordinate to ,parliament1 but with supreme power within the limits of the colony for the government of its inhabitants2 but1 8,qure4--,whether it can bestow upon it an authority1 namely1 that of committing for contempt1 not incidental to it by law80#aad ,i will not take time in reading extracts from the opinion of the ,court1 which goes on the ground that the ,legislature of the ,colony is acting under a commission from the ,crown in the nature of a ,constitution1 being a written text1 and that it could not therefore claim for itself those vast1 immense1 unknown privileges and prerogatives which by long usage are recognized as belonging to the ,house of ,commons4 ,but the question was presented at a later day in another case before the ,privy ,council1 which came from the ,supreme ,court of ,van ,diemen's ,land4 ,i cite now ,moore's ,privy ,council ,cases1 volume eleven4 ,this case was decided in #aheh4 ,it is therefore a recent authority4 ,the marginal note is as follows3-- 8,the ,lex et ,consuetudo ,parliamenti applies exclusively to the ,house of ,lords and ,house of ,commons in ,england1 and is not conferred upon a ,supreme ,legislative ,assembly of a colony or settlement by the introduction of the ,common ,law of ,england into the colony4 8,no distinction in this respect exists between ,colonial ,legislative ,councils and ,assemblies whose power is derived by grant from the ,crown or created under the authority of an ,act of the ,imperial ,parliament40#aae ,you will see1 ,sir1 that by this decision the powers of a ,legislative ,assembly created by a ,charter are limited to the grants of the ,charter1 and that the mere creation of the legislative body does not carry with it the ,law and ,custom of ,parliament4 ,in the course of his opinion ,lord ,chief-,baron ,pollock uses the following language4 ,alluding to the decision of the ,privy ,council in the ,newfoundland case1 he says3-- 8,they held that the power of the ,house of ,commons in ,england was part of the ,lex et ,consuetudo ,parliamenti2 and the existence of that power in the ,commons of ,great ,britain did not warrant the ascribing it to every ,supreme ,legislative ,council or ,assembly in the ,colonies4 ,we think we are bound by the decision of the case of ,kielley v4 ,carson4''' ,if the ,legislative ,council of ,van ,diemen's ,land cannot claim the power they have exercised on the occasion before us as inherently belonging to the supreme legislative authority which they undoubtedly possess1 they cannot claim it under the statute as part of the ,common ,law of ,england 7including the ,lex et ,consuetudo ,parliamenti7 transferred to the ,colony by the #ith ,geo4 ,,iv4 c4 #hc1 sect4 #bd4 ,the ,lex et ,consuetudo ,parliamenti apply exclusively to the ,lords and ,commons of this country1 and do not apply to the ,supreme ,legislature of a ,colony by the introduction of the ,common ,law there40#aaf ,now the question is directly presented by these decisions1 whether under the written text of the ,constitution of the ,united ,states you can ingraft upon our institutions the ,law and ,custom of ,parliament4 ,so far as these cases are applicable1 they decide in the negative2 but ,i will not press them to that extent4 ,i adduce them for a more moderate purpose1--simply to put the ,senate on its guard against any assumption of power in this matter4 ,i do not undertake to say to what extent the ,senate may go2 but with these authorities ,i warn it against proceeding on any doubtful practices4 ,if there be any doubt1 then do these authorities cry out to you to stop4 ,i have said1 ,sir1 that our powers here are limited by the ,constitution3 ,i may add1 also1 and the ,law in pursuance of the ,constitution4 ,and now ,i ask you to show me any text of the ,constitution1 and to show me any text of ,law1 which authorizes the detention of these witnesses by the ,senate4 ,the ,senate1 be it understood1 is not a court4 ,certainly1 for this purpose and on this occasion1 it is not a court4 ,show me the law4 ,does it exist8 ,if it exists1 some learned ,senator can point it out4 ,but while ,senators fail to point out any law sanctioning such a procedure1 ,i point out an immortal text in the ,constitution of the ,united ,states1 borrowed from ,magna ,charta1 which it is difficult to disobey3-- 8,no person shall be held to answer for a capital or otherwise infamous crime1 unless on a presentment or indictment of a ,grand ,jury1 ''' nor be deprived of life1 liberty1 or property1 without due process of law40 8,without due process of law40 ,what is the meaning of that language8 ,judge ,story#aag tells us1 as follows3-- 8,lord ,coke#aah says that these latter words1 per legem terr1 7by the law of the land17 mean by due process of law3 that is1 without due presentment or indictment1 and being brought in to answer thereto by due process of the ,common ,law4 ,so that this clause in effect affirms the right of trial according to the process and proceedings of the ,common ,law40#aai ,there1 ,sir1 is a living text of the ,constitution of the ,united ,states1 binding upon this ,senate4 ,where do you find any other text authorizing you to institute this proceeding8 or if you institute the proceeding1 must it not come within the limitations of this prohibition8 ,but ,i may be reminded that there are precedents4 ,how many precedents are there for such a proceeding8 ,we are familiar with all of them4 ,the latest1 the most authentic1 is that of ,thaddeus ,hyatt1 proceeded against because he refused to testify before the ,harper's ,ferry ,investigating ,committee4 ,is that a precedent which you are disposed to follow8 ,i am sure you would not1 if you read the weighty argument in that proceeding made by the late ,john ,a4 ,andrew1 and ,samuel ,e4 ,sewall1 of ,massachusetts1 the accomplished jurist1 who still survives to us4 ,go still further back and you have the case1 entirely like that before us1 of ,nugent1--who was not pursued1 ,i was going to say1 as ferociously as the present witnesses have been pursued1 for his custody was simply that of the house of the ,sergeant-at-,arms1 and it was recognized at that time that even that mild custody would expire with the session of the ,senate4 ,you have also the earlier precedent of #ahjj in the case of ,duane1 which1 ,i think1 ,senators would hesitate now to vindicate4 ,let them look at it and see whether they would sanction a similar proceeding at this day1--whether such a tyranny could go on without shocking the public conscience1 and being recognized universally as an assault upon the liberty of the press4#abj ,those are the cases furnished by the history of the ,senate4 ,lord ,denman1 in the case of ,stockdale v4 ,hansard1 the famous case to which ,i have referred1 gives an answer to them as follows3 ,i quote from the ninth volume of ,adolphus and ,ellis's ,reports1 page #aee3-- 8,the practice of a ruling power in the ,state is but a feeble proof of its legality4 ,i know not how long the practice of raising ship-money had prevailed before the right was denied by ,hampden2 general warrants had been issued and enforced for centuries before they were questioned in actions by ,wilkes and his associates1 who1 by bringing them to the test of law1 procured their condemnation and abandonment4 ,i apprehend that acquiescence on this subject proves1 in the first place1 too much2 for the admitted and grossest abuses of privilege have never been questioned by suits in ,westminster ,hall40 ,this proceeding has analogy with one well known in ,english history1 that of the ,star-,chamber ,court1 which you will find described by ,mr4 ,hallam in his 8,constitutional ,history of ,england10 in chapter eight1 and ,i refer to it merely for the sake of one single sentence which ,i cite from this great author3-- 8,but precedents of usurped power cannot establish a legal authority in defiance of the acknowledged law40#aba ,but where is the legal authority for the imprisonment of these witnesses8 ,only in mere inference1 mere deduction1--the merest inference2 but surely you will not take away the liberty of the citizen on any such shadowy1 evanescent apology1 which is no apology1 but a sham1 and nothing else4 ,i have already called attention to the argument of ,governor ,andrew and ,hon4 ,s4 ,e4 ,sewall1 which will be found in the ,congressional ,globe under date of ,march #i1 #ahfj4 ,did time permit1 ,i should quote from it at length2 but ,i commend it to the ,senate and all inquirers4 ,as an illustration of the doubts which environ this question1 ,i call attention to the case of ,sanborn v4 ,carleton1#abb where ,chief-,justice ,shaw1 of ,massachusetts1 gave the opinion of the ,court4 ,the ,senator from ,wisconsin ,mr4 ,,carpenter will not question his character4 ,after stating that 8it is admitted in the arguments that there is no express provision in the ,constitution of the ,united ,states giving this authority in terms10--that is1 the alleged authority of the ,senate1--he proceeds to say that there are questions on this subject 8manifestly requiring great deliberation and research40 ,and yet ,senators treat them as settled4 ,the ,chief-,justice then proceeds to announce that a warrant issued by order of the ,senate of the ,united ,states for the arrest of a witness for contempt in refusing to appear before a ,committee of the ,senate1 and addressed only to the ,sergeant-at-,arms of the ,senate1 cannot be served in ,massachusetts by a deputy4 ,but this very question arises in the present proceedings4 ,the managing editor of the 8,tribune10 ,mr4 ,whitelaw ,reid1 was summoned by a deputy1 and not by the ,sergeant-at-,arms4 ,gracefully yielding to the illegal summons1 he appeared before the ,committee2 but the question of power still remains2 and this very question adds to the embarrassments of the subject4 ,the extent of the abuse now in question will be seen1 if ,i call the attention of the ,senate to the last ,report of the ,committee of ,investigation4 ,by that ,report it appears that they undertook to examine two agents of the ,telegraph ,company1 who1 finally1 at the last moment1 when asked to make a definitive statement with regard to the copy of the ,treaty lodged with them for communication to ,new ,york1 declined to answer4 ,and you have now in this usurpation of the ,senate an attempt to break into the telegraph-offices of the ,united ,states4 ,you raise1 for the first time in this ,chamber1 one of the great questions of the times4 ,can you do any such thing8 ,,mr4 ,,nye of ,nevada4 ,i should like to ask the ,senator from ,massachusetts if the courts have not broken into the telegraph-offices8 ,,mr4 ,,sumner4 ,i am not speaking about the courts4 ,i am speaking about the ,senate of the ,united ,states4 ,,mr4 ,,nye4 ,i ask the ,senator if the ,senate of the ,united ,states1 in this investigation1 as long as it exists1 has not all the authority of a court8 ,,mr4 ,,sumner4 ,i have already stated that it has not1--that it has not the authority of a justice of the peace4 ,the ,senate proposes to break into the telegraph-offices of the ,united ,states4 ,in the guise of privilege1 it enters those penetralia and insists that the secrets shall be disclosed4 ,what is the difference between a communication by telegraph and a communication by letter8 ,is there not a growing substitution of the telegram for the letter8 ,has not this taken place to an immense extent in ,england8 ,is it not now taking place to an immense extent in our own country8 ,now1 ,sir1 mark the limitation of my language4 ,i do not mean to say that the telegram is entitled to all the sacredness of the letter2 but ,i do insist that the ,senate1 before it undertakes to break into the telegraph-offices of the ,united ,states1 shall calmly consider the question1 and see to what end the present disposition will carry them4 ,senators who have not entirely forgotten the recent history of ,england know that the powerful ,cabinet of ,sir ,robert ,peel for a time trembled under the imputation that one of its ablest members1 ,sir ,james ,graham1 who1 ,mr4 ,webster told me1 in his judgment1 was the best speaker in ,parliament1 had authorized the opening of the letters of ,mazzini at the ,post-,office4 ,the subject was brought before ,parliament night after night4 ,you shall see how it was treated4 ,the ,liberal member from ,finsbury1 ,mr4 ,duncombe1 in presenting it first1--,i read from ,hansard1--after inveighing against the opening of letters1 said3-- 8,that was a system which the people of this country would not bear1 which they ought not to bear2 and he hoped1 after the exposure which had taken place1 that some means would be adopted for counteracting this insidious conduct of her ,majesty's ministers4 ,it was disgraceful to a free country that such a system should be tolerated4 ,it might do in ,russia1 ay1 or even in ,france1 or it might do in the ,austrian dominions1 it might do in ,sardinia2 but it did not suit the free air of this free country40#abc ,lord ,denman1 always on the side of ,freedom1 at the time ,chief-,justice of ,england1 in the ,house of ,lords said3-- 8,could anything be more revolting to the feeling than that any man might have all his letters opened in consequence of some information respecting him having been given to the ,secretary of ,state1 and that the contents of those letters1 which he might have never received1 might be made use of for the purpose of proceeding against him in a court of justice8 ,the letters of a man might be opened1 and he might not have the slightest intimation that he was betrayed4 ,now is such a state of things to be tolerated in a civilized country8 ,he would say1 without the slightest hesitation1 that it ought not to be borne with for a single hour40#abd ,lord ,brougham observed that-- 8,he had not expressed any approval of the system2 on the contrary1 he distinctly stated that nothing but absolute necessity for the safety of the ,state would justify it40#abe ,i might occupy your time till evening in adducing the strong language of reprobation which was employed at that time4 ,i will conclude with an extract from a speech of that remarkable ,irish orator1 ,mr4 ,sheil1 as follows3-- 8,that which is deemed utterly scandalous in private life ought not to be tolerated in any department of the ,state2 and from the ,statute-,book1 which it dishonors1 this ignominious prerogative ought to be effaced forever40#abf ,that brings me to the point1 ,sir1 that there was an old statute of ,queen ,anne which authorized the opening of letters at the ,post-,office under the order of a ,secretary of ,state2#abg but1 notwithstanding that old statute1 the system was reprobated4 ,and now it is proposed1 in the maintenance of the privileges of the ,senate1 not in the administration of justice before any court1 but in the enforcement of the privileges of the ,senate1 to penetrate the secrets of the ,telegraph4 ,i will not undertake to say that you cannot do it4 ,i content myself now with calling attention to the magnitude of the question1 and adducing it as a new reason why you should hesitate in this whole business4 ,you see to what it conducts4 ,you see in what direction you are travelling4 ,you see how1 if you persevere1 you will shock the conscience and the sensibilities of the ,american people4 ,i do not believe that the ,american people will willingly see the ,telegraph rifled1 any more than they will see the ,post-,office rifled1 in order to maintain medieval1 antediluvian privileges of the ,senate1--especially when those privileges cannot be deduced from any text of the ,constitution1 but are simply inferred from the ancient1 primeval ,law and ,usage of ,parliament4 ,not only the orators1 but the wits of the time1 denounced the attempt in ,england to open letters4 ,punch caricatured the ,secretary who attempted it as 8,paul ,pry at the ,post-,office40#abh ,but is not the ,senate in the ,report of our ,committee 8,paul ,pry at the ,telegraph-,office80 ,i make these remarks with a view of opening to the ,senate the importance of the question before them1 that they may once more hesitate and withdraw to the safe ground of the ,constitution and the ,law2 for there is nothing in the ,constitution or in the ,law that can sanction the continued imprisonment of these witnesses4 ,even suppose your proceedings have been from the beginning in all respects just and proper1 even suppose that you can vindicate them1 in regard to which ,i beg leave to express a sincere doubt1 you cannot vindicate the attempt to continue these witnesses in custody when you go away4 ,then they are as free as you4 ,if they are detained in prison1 it is only because you yourselves are imprisoned here in the discharge of your responsible duties4 ,when your imprisonment comes to an end1 theirs comes to an end also4 ,you cannot go home and leave them captives4 ,the ,law will step in and take them from your clutch4 ,better1 then1 in advance1 by a proper and generous resolution1 to order their discharge1 so that the ,law will not be compelled to do what you fail to do4 ,the resolution was agreed to1--,yeas #bc1 ,nays #ac4 ,,the ,,haytian ,,medal4 ,,response ,,to ,,the ,,letter ,,of ,,presentation1 ,,july #ac1 #ahga4 ,the ,medal was placed in ,mr4 ,sumner's hands ,july #ac1 #ahga1 by ,general ,preston1 the ,haytian ,minister1 together with the following letter1 signed by the ,president and several distinguished citizens of the ,republic3-- 8,,liberty1 ,,equality1 ,,fraternity6 ,,republic ,,of ,,hayti4 8,to the ,hon4 ,charles ,sumner1 ,senator of ,massachusetts3-- 8,,honorable ,,senator1--,the independence of ,hayti has been our object4 ,to affirm the aptitude of the black race for civilization and self-government1 by your eloquence and your high morality you have made free four millions of blacks in the ,united ,states4 ,in defending our independence on two solemn occasions1 you have protected and defended something more august even than the liberty of the blacks in ,america4 ,it is the dignity of a black people seeking to place itself1 by its own efforts1 at the banquet of the civilized world4 ,hayti thanks you4 ,she will be able to justify your esteem1 and to maintain herself at the height of her mission1 marching in the path of progress4 ,in the name of the ,haytian people1 we pray you to accept1 as a feeble testimony of its gratitude1 this medal1 which will perpetuate in ages to come the recollection of the services which you have rendered to us as citizens of the world1 and to black ,humanity40 ,mr4 ,sumner at the time expressed his gratitude1 and said that he would communicate with the signers in writing4 ,that same evening he sent an informal note to the ,minister1 saying that he feared he should feel constrained to decline the present1 and subsequently replied to the letter of presentation as follows3-- ,,washington1 ,july #ac1 #ahga4 ,,gentlemen1--,i have received to-day1 by the hands of your ,minister at ,washington1 the beautiful medal which you have done me the honor of presenting to me in the name of the ,haytian people1 together with the accompanying communication bearing so many distinguished names1 among which ,i recognize that of the estimable ,president of the ,republic4 ,allow me to say1 most sincerely1 that ,i do not deserve this token1 nor the flattering terms of your communication4 ,i am only one of many who have labored for the enfranchisement of the ,african race1 and who yet stand ready to serve at all times the sacred cause2 nor have ,i done anything except in the simple discharge of duty4 ,i could not have done otherwise without the rebuke of my conscience4 ,in this service ,i have acted always under promptings which with me were irresistible4 ,like you1 ,i hail the assured independence of ,hayti as important in illustrating the capacity of the ,african race for self-government2 and ,i rejoice to know that distinguished ,haytians recognize the necessity of clinging to national life1 not only for the sake of their own ,republic1 but as an example for the benefit of that vast race over which the white man has so long tyrannized4 ,your successful independence will be the triumph of the black man everywhere1 in all the isles of the sea1 and in all the unknown expanse of the ,african continent1 marking a great epoch of civilization4 ,in cultivating a sentiment of nationality1 you will naturally insist upon that equality among nations which is your right4 ,self-government implies self-respect4 ,in the presence of ,international ,law all nations are equal4 ,as well deprive a citizen of equality before the law as deprive a nation4 ,you will also insist upon that ,christian rule1 as applicable to nations as to individuals1 of doing unto others as you would have them do unto you4 ,following it always in your own conduct1 and expecting others to follow it towards you1 will you ever forget that sentiment of ,humanity by which all men are one1 with common title1 with common right8 ,i rejoice1 again1 in the assurance you give that ,hayti is prepared to advance in the path of ,progress4 ,here ,i offer my best wishes1 with the ardent aspiration that the two good angels1 ,education and ,peace1 may be her guides and support in this happy path4 ,with education for the people1 and with peace1 foreign and domestic1 especially everywhere on the island1 the independence of ,hayti will be placed beyond the assaults of force or the intrigues of designing men1 besides being an encouragement to the ,african race everywhere4 ,i trust that you will receive with indulgence these frank words in response to the communication with which you have honored me3 they will show at least my constant sympathy with your cause4 ,and now1 ,gentlemen1 ,i throw myself again on your indulgence1 while expressing the hope that you will not suspect me of insensibility to your generous present1 if ,i add1 that1 considering the text of the ,constitution of the ,united ,states and the service you have intended to commemorate1 ,i deem it my duty to return the beautiful medal into your hands4 ,to this ,i am constrained by the spirit1 if not by the letter of the ,constitution1 which forbids any person in my situation from accepting any present of any kind whatever from a foreign ,state4 ,though this present is not strictly from the ,state of ,hayti1 yet1 when ,i observe1 that1 according to the flattering inscription1 it is from the ,haytian people1 and that the communication accompanying it is signed by the ,president and eminent magistrates of ,hayti1 and still further that it is in recognition of services rendered by me as a ,senator of the ,united ,states1 ,i feel that ,i cannot receive it without acting in some measure contrary to the intention of the ,constitution which ,i am bound to support4 ,in arriving at this conclusion ,i have been governed by that same sense of duty which on the occasions to which you refer made me your advocate1 and which with me is a supreme power4 ,while thus resigning this most interesting token1 ,i beg you to believe me none the less grateful for the signal honor you have done me4 ,accept for yourselves and for your country all good wishes1 and allow me to subscribe myself1 ,gentlemen1 ,your devoted friend1 ,,charles ,,sumner4 ,the medal was subsequently presented by the ,haytian ,government to the ,commonwealth of ,massachusetts1 and deposited in the ,state ,library4 ,,equality ,,of ,,rights ,,in ,,public ,,schools4 ,,letter ,,to ,,george ,w4 ,,walker1 ,,president ,,of ,,the ,,board ,,of ,,school ,,directors ,,of ,,jefferson1 ,,texas1 ,,july #bh1 #ahga4 ,mr4 ,walker having written to ,mr4 ,sumner1 asking his views in regard to the management of public schools1 c41 the latter replied as follows3-- ,,washington1 #bhth ,july1 #ahga4 ,,dear ,,sir1--,as in ,europe there will be no durable tranquillity until ,republican ,government prevails1 so among us there will be a similar failure until ,equality before the ,law is completely established1--at the ballot-box1--in the court-house1--in the public school1--in the public hotel1--and in the public conveyance1 whether on land or water4 ,at least1 so it seems to me4 ,i doubt if ,i can add materially to the argument which you have already received1 but1 with your permission1 ,i ask attention to the point that equality is not found in equivalents4 ,you cannot give the colored child any equivalent for equality4 ,accept my best wishes1 and believe me1 dear ,sir1 ,faithfully yours1 ,,charles ,,sumner4 ,,peace ,,and ,,the ,,republic ,,for ,,france4 ,,remarks ,,in ,,music ,,hall1 ,,boston1 ,,introducing ,m4 ,,athanase ,,coquerel1 ,,of ,,paris1 ,,october #i1 #ahga4 ,at the first of two lectures entitled 8,the ,two ,sieges of ,paris10 by ,m4 ,coquerel1 ,mr4 ,sumner1 being called to preside1 said3-- ,i cannot forget1 ,ladies and ,gentlemen1 that in other years the enjoyments of ,paris were heightened for me1 as ,i listened1 more than once1 to an eloquent ,french preacher1 on whose words multitudes hung with rapture while he unfolded ,christian truth4 ,the scene1 though distant in time1 rises before me1 and ,i enjoy again that voice of melody1 and that rare union of elegance with earnestness1 of amenity with strength1 which were so captivating2 nor do ,i know that ,i have since witnessed in any pulpit or assembly1 or on any platform1 more magnetic power visibly appearing as the orator drew to himself the listening throng1 and all commingled into one4 ,it is now my grateful duty to welcome the son of that orator1 who1 with his father's genius1 visits us on an errand of charity4 ,he will speak to you of ,paris the ,beautiful1 and of the double tragedy only recently enacted1 where the bursting shells of a foreign foe were followed by the more direful explosions of domestic feud4 ,the story is sad1 among the saddest in history2 but it is a wonderful chapter1 with most instructive lesson4 ,knowing our honored guest by his life1 ,i am sure that to him war is detestable1 while ,republican ,government is his aspiration for ,france4 ,were all ,frenchmen of his mind1 the deadly war-fever would disappear1 and the ,republic would be established on a foundation not to be shaken2 and then would ,france rise to glories which she has never before reached4 ,plainly1 at this epoch of civilization1 there are two ,great ,commandments which this powerful nation cannot disobey with impunity4 ,the first is ,peace2 and the second1 which is like unto the first1 is the ,republic4 ,but the ,republic is ,peace1--most unlike the ,empire1 which was always war in disguise4 ,it is sometimes said1 somewhat lightly1 that ,france is a ,republic without ,republicans4 ,a great mistake4 ,was not ,lafayette a ,republican8 ,and ,i now have the honor of presenting to you another4 ,,the ,,great ,,fire ,,at ,,chicago1 ,,and ,,our ,,duty4 ,,speech ,,at ,,faneuil ,,hall1 ,,at ,a ,,meeting ,,for ,,the ,,relief ,,of ,,sufferers ,,at ,,chicago1 ,,october #aj1 #ahga4 ,the meeting was at noon1 and the chair taken by the ,mayor1 ,hon4 ,william ,gaston4 ,hon4 ,alexander ,h4 ,rice introduced resolutions1 and spoke1 when ,mr4 ,sumner followed3-- ,,mr4 ,,mayor ,,and ,,fellow-,,citizens3-- ,i come forward to second the resolutions moved by my friend ,mr4 ,rice1 and to express my hope that they may be adopted unanimously1 and then acted upon vigorously4 ,fellow-,citizens1 ,i had expected to be elsewhere to-day2 but1 thinking of the distress of distant friends and countrymen1 my heart was too full for anything else1 and1 putting aside other things1 ,i have come to ,faneuil ,hall1 as a simple volunteer1 to help swell this movement of sympathy and beneficence4 ,this is a meeting for action2 but are we not told that eloquence is action1 action1 action8 ,and most true is it now4 ,help for the suffering is the highest eloquence4 ,the best speech is a subscription4 ,and he is the orator whose charity is largest4 8,thrice he gives who quickly gives40 ,this is a familiar saying from the olden time4 ,never was it more applicable than now4 ,destruction has been swift2 let your gifts be swift also4 ,if the ,angel ,charity is not as quick of wing as the ,fire-,fiend1 yet it is more mighty and far-reaching4 ,against the ,fire-,fiend ,i put the ,angel ,charity4 ,according to another saying handed down by ancient philosophy1 that is the best government where a wrong to a single individual is resented as an injury to all4 ,this sentiment is worthy of careful meditation4 ,it implies the solidarity of the community1 and the duty of coperation4 ,there is no wrong now1 but an immense calamity1 in which individuals suffer4 ,be it our duty to treat this calamity of individuals as the calamity of all4 ,who does not know ,chicago8 ,most have visited it1 and seen it with the eye2 but all know its pivotal position1 making a great centre1 and also its immense growth and development4 ,in a few years1 beginning as late as #ahcc1 it has become a great city2 and now it is called to endure one of those visitations which in times past have descended upon great cities4 ,much as it suffers1 it is not alone4 ,the catalogue discloses companions in the past4 ,the fire of ,london1 in ,september1 #afff1 raged from ,sunday to ,thursday1 with the wind blowing a gale1 reducing two-thirds of the city to ashes4 ,thirteen thousand two hundred houses were consumed1 and eighty-nine churches1 including ,st4 ,paul's1 covering three hundred and seventy-three acres within and sixty-three without the walls4 ,the value of buildings and property burned was estimated at between ten and twelve millions sterling1 which1 making allowance for difference of values1 now would be more than one hundred million dollars4 ,i doubt if the population of ,london then was larger than that of ,chicago4 ,and yet an ,english historian1 recounting this event1 says1 8,though severe at the time1 this visitation contributed materially to the improvement of the city40#abi ,ancient ,rome had her terrible conflagration1 hardly less sweeping1 when populous quarters were devoured by the irresistible flame2 and history records that out of this destruction sprang a new life4 ,is there not in these examples a lesson of encouragement for ,chicago sitting now in ashes8 ,a great fire in other days was worse than a great fire now2 for then it was borne in solitude by the place where it occurred2 now the whole country rushes forward to bear it1 making common cause with the sufferers4 ,i cannot doubt that out of this great calamity1 which we justly deplore1 will spring improvement4 ,everything will be bettered4 ,the city thus far has been a growth2 it will become at once a creation4 ,but future magnificence1 filling the imagination1 will not feed the hungry and clothe the naked1 nor will it provide homes for the destitute4 ,the future cannot take care of the present4 ,this is our duty1 and it is all expressed in ,charity4 ,other speakers followed4 ,the resolutions were adopted1 and a subscription was commenced at once4 ,,rights ,,and ,,duties ,,of ,,our ,,colored ,,fellow-,,citizens4 ,,letter ,,to ,,the ,,national ,,convention ,,of ,,colored ,,citizens ,,at ,,columbia1 ,,south ,,carolina1 ,,october #ab1 #ahga4 ,this letter was read in the ,convention ,october #bdth1 the sixth day of its sitting1 and received a vote of thanks4 ,,boston1 ,october #ab1 #ahga4 ,,dear ,,sir1--,i am glad that our colored fellow-citizens are to have a ,convention of their own4 ,so long as they are excluded from rights or suffer in any way on account of color1 they will naturally meet together in order to find a proper remedy2 and since you kindly invite me to communicate with the ,convention1 ,i make bold to offer a few brief suggestions4 ,in the first place1 you must at all times insist upon your rights2 and here ,i mean not only those already accorded1 but others still denied1 all of which are contained in ,equality before the ,law4 ,wherever the law supplies a rule1 there you must insist on ,equal ,rights4 ,how much remains to be obtained you know too well in the experience of life4 ,can a respectable colored citizen travel on steamboats or railways1 or public conveyances generally1 without insult on account of color8 ,let ,governor ,dunn of ,louisiana describe his journey from ,new ,orleans to ,washington4 ,shut out from proper accommodation in the cars1 the doors of the ,senate ,chamber opened to him1 and there he found that equality which a railroad conductor had denied4 ,let our excellent friend1 ,frederick ,douglass1 relate his melancholy experience1 when1 on board the mail-boat of the ,potomac and within sight of the ,executive ,mansion1 he was thrust back from the supper-table1 where his brother ,commissioners were already seated4 ,you know the outrage4 ,i might ask the same question with regard to hotels1 and even the common schools4 ,a hotel is a legal institution1 and so is a common school1 and as such each must be for the equal benefit of all4 ,nor can there be any exclusion from either on account of color4 ,it is not enough to provide separate accommodations for colored citizens1 even if in all respects as good as those of other persons4 ,equality is not found in any pretended equivalent1 but only in equality2 in other words1 there must be no discrimination on account of color4 ,the discrimination is an insult1 a hindrance1 a bar1 which not only destroys comfort and prevents equality1 but weakens all other rights4 ,the right to vote will have no security until your equal rights in the public conveyances1 hotels1 and common schools are at last established2 but here you must insist for yourselves by speech1 by petition1 and by vote4 ,help yourselves1 and others will help also4 ,the ,civil ,rights ,law needs a supplement to cover these cases4 ,this defect has been apparent from the beginning1 and for a long time ,i have striven to remove it4 ,a bill for this purpose1 introduced by me1 is now pending in the ,senate4 ,will not colored fellow-citizens see that those in power no longer postpone this essential safeguard8 ,surely here is an object worthy of effort4 ,nor has the ,republican party done its work until this is accomplished4 ,is it not better to establish all our own people in the enjoyment of equal rights before we seek to bring others within the sphere of our institutions1 to be treated as ,frederick ,douglass was on his way to the ,president from ,san ,domingo8 ,it is easy to see that a small part of the means1 the energy1 and the determined will spent in the expedition to ,san ,domingo1 and in the prolonged war-dance about that island1 with menace to the ,black ,republic of ,hayti1 would have secured all our colored fellow-citizens in the enjoyment of equal rights4 ,of this there can be no doubt4 ,among cardinal objects is ,education1 which must be insisted on2 here again must be equality1 side by side with the alphabet4 ,it is vain to teach equality1 if you do not practise it4 ,it is vain to recite the great words of the ,declaration of ,independence1 if you do not make them a living reality4 ,what is a lesson without example8 ,as all are equal at the ballot-box1 so must all be equal at the common school4 ,equality in the common school is the preparation for equality at the ballot-box4 ,therefore do ,i put this among the essentials of education4 ,in asserting your rights1 you will not fail to insist upon justice to all1 under which is necessarily included purity in the ,government4 ,thieves and money-changers1 whether ,democrats or ,republicans1 must be driven out of our ,temple4 ,let ,tammany ,hall and ,republican self-seekers be overthrown4 ,there should be no place for either4 ,thank ,god1 good men are coming to the rescue4 ,let them1 while uniting against corruption1 insist upon ,equal ,rights for ,all1--also the suppression of lawless violence1 whether in the ,ku-,klux-,klan outraging the ,south1 or illicit undertakings outraging the ,black ,republic of ,hayti4 ,to these inestimable objects add ,specie ,payments1 and you will have a platform which ought to be accepted by the ,american people4 ,will not our colored fellow-citizens begin this good work8 ,let them at the same time save themselves and save the country4 ,these are only hints1 which ,i submit to the ,convention1 hoping that its proceedings will tend especially to the good of the colored race4 ,accept my thanks and best wishes1 and believe me faithfully yours1 ,,charles ,,sumner4 ,,hon4 ,h4 ,m4 ,,turner4 ,,one ,,term ,,for ,,president4 ,,resolution ,,and ,,remarks ,,in ,,the ,,senate1 ,,december #ba1 #ahga4 ,,mr4 ,,president1--,in pursuance of notice already given1 ,i ask leave to introduce a ,joint ,resolution proposing an ,amendment of the ,constitution confining the ,president to one term4 ,in introducing this ,amendment ,i content myself with a brief remark4 ,this is the era of ,civil ,service ,reform1 and the ,president of the ,united ,states1 in formal ,message1 has already called our attention to the important subject1 and made recommendations with regard to it4#acj ,it may be remembered that ,i hailed that ,message at once1 as it was read from the desk4 ,i forbore then to observe that ,i missed one recommendation1 a very important recommendation1 without which all the other recommendations1 ,i fear1 may be futile4 ,i missed a recommendation in conformity with the best precedents of our history1 and with the opinions of illustrious men1 that the ,constitution be amended so as to confine the ,president to one term4 ,sir1 that is the initial point of ,civil ,service ,reform2 that is the first stage in the great reform4 ,the scheme of the ,president is the play of 8,hamlet0 without ,hamlet4 ,i propose by the ,amendment that ,i offer to see that ,hamlet is brought into the play4 ,i send the resolution to the ,chair4 ,,mr4 ,,bayard4 ,i should like to have that paper read for the information of the ,senate4 ,,the ,,president pro tempore4 ,the ,joint ,resolution will be read at length4 ,the ,chief ,clerk read as follows3-- ,joint ,resolution proposing an ,amendment of the ,constitution1 confining the ,president to ,one ,term4 ,whereas for many years there has been an increasing conviction among the people1 without distinction of party1 that one wielding the vast patronage of the ,president should not be a candidate for relection1 and this conviction has found expression in the solemn warnings of illustrious citizens1 and in repeated propositions for an ,amendment of the ,constitution confining the ,president to one term3 ,whereas ,andrew ,jackson was so fully impressed by the peril to ,republican ,institutions from the temptations acting on a ,president1 who1 wielding the vast patronage of his office1 is a candidate for relection1 that1 in his first ,annual ,message1 he called attention to it2#aca that1 in his second ,annual ,message1 after setting forth the design of the ,constitution 8to secure the independence of each department of the ,government1 and promote the healthful and equitable administration of all the trusts which it has created10 he did not hesitate to say1 8,the agent most likely to contravene this design of the ,constitution is the ,chief ,magistrate10 and then proceeded to declare1 8,in order particularly that his appointment may as far as possible be placed beyond the reach of any improper influences2 in order that he may approach the solemn responsibilities of the highest office in the gift of a free people uncommitted to any other course than the strict line of constitutional duty2 and that the securities for this independence may be rendered as strong as the nature of power and the weakness of its possessor will admit1 ,i cannot too earnestly invite your attention to the propriety of promoting such an ,amendment of the ,constitution as will render him ineligible after one term of service02#acb and then1 again1 in his third ,annual ,message1 the same ,president renewed this patriotic appeal3#acc ,whereas ,william ,henry ,harrison1 following in the footsteps of ,andrew ,jackson1 felt it a primary duty1 in accepting his nomination as ,president1 to assert the ,one-,term principle in these explicit words3 8,among the principles proper to be adopted by any ,executive sincerely desirous to restore the ,administration to its original simplicity and purity1 ,i deem the following to be of prominent importance3 first1 to confine his service to a single term02#acd and then1 in public speech during the canvass which ended in his election1 declared1 8,if the privilege of being ,president of the ,united ,states had been limited to one term1 the incumbent would devote all his time to the public interest1 and there would be no cause to misrule the country02 and he concluded by pledging himself 8before ,heaven and ,earth1 if elected ,president of these ,united ,states1 to lay down1 at the end of the term1 faithfully1 that high trust at the feet of the people03#ace ,whereas ,henry ,clay1 though differing much from ,andrew ,jackson1 united with him on the ,one-,term principle1 and publicly enforced it in a speech1 ,june #bg1 #ahdj1 where1 after asking for 8a provision to render a person ineligible to the office of ,president of the ,united ,states after a service of one term10 he explained the necessity of the ,amendment by saying1 8,much observation and deliberate reflection have satisfied me that too much of the time1 the thoughts1 and the exertions of the incumbent are occupied during his first term in securing his relection3 the public business consequently suffers02#acf and then1 again1 in a letter dated ,september #ac1 #ahdb1 while setting forth what he calls 8principal objects engaging the common desire and the common exertion of the ,whig party10 the same statesman specifies 8an ,amendment of the ,constitution1 limiting the incumbent of the ,presidential office to a single term03#acg ,whereas the ,whig party1 in its ,national ,convention at ,baltimore1 ,may #a1 #ahdd1 nominated ,henry ,clay as ,president and ,theodore ,frelinghuysen as ,vice-,president1 with a platform where 8a single term for the ,presidency0 is declared to be among 8the great principles of the ,whig party1 principles inseparable from the public honor and prosperity1 to be maintained and advanced by the election of these candidates02#ach which declaration was echoed at the great ,national ,ratification ,convention the next day1 addressed by ,daniel ,webster1 where it was resolved that 8the limitation of a ,president to a single term0 was among the objects 8for which the ,whig party will unceasingly strive until their efforts are crowned with a signal and triumphant success03#aci ,whereas1 in the same spirit and in harmony with these authorities1 another statesman1 ,benjamin ,f4 ,wade1 at the close of his long service in the ,senate1 most earnestly urged an ,amendment of the ,constitution confining the ,president to one term1 and in his speech on that occasion1 ,february #bj1 #ahff1 said1 8,the offering of this resolution is no new impulse of mine1 for ,i have been an advocate of the principle contained in it for many years1 and ,i have derived the strong impressions which ,i entertain on the subject from a very careful observation of the workings of our ,government during the period that ,i have been an observer of them2 ,i believe it has been very rare that we have been able to elect a ,president of the ,united ,states who has not been tempted to use the vast powers intrusted to him according to his own opinions to advance his relection02 and then1 after exposing at length the necessity of this ,amendment1 the veteran ,senator further declared1 8,there are defects in the ,constitution1 and this is among the most glaring2 all men have seen it2 and now let us have the nerve1 let us have the resolution to come up and apply the remedy03#adj ,whereas these testimonies1 revealing intense and wide-spread convictions of the ,american people1 are reinforced by the friendly observations of ,de ,tocqueville1 the remarkable ,frenchman to whom our country is under such great and lasting obligations1 in his famous work on 8,democracy in ,america10 where he says1 in words of singular clearness and force1 8,intrigue and corruption are vices natural to elective ,governments2 but when the chief of the ,state can be relected1 these vices extend themselves indefinitely1 and compromise the very existence of the country3 when a simple candidate seeks success by intrigue1 his manuvres can operate only over a circumscribed space2 when1 on the contrary1 the chief of the ,state himself enters the lists1 he borrows for his own use the force of the ,government3 in the first case1 it is a man1 with his feeble means2 in the second1 it is the ,state itself1 with its immense resources1 that intrigues and corrupts03#ada and then1 again1 the same great writer1 who had studied our country so closely1 testifies3 8,it is impossible to consider the ordinary course of affairs in the ,united ,states without perceiving that the desire to be relected dominates the thoughts of the ,president2 that the whole policy of his ,administration tends toward this point2 that his least movements are made subservient to this object2 that1 especially as the moment of crisis approaches1 individual interest substitutes itself in his mind for the general interest03#adb ,whereas all these concurring voices1 where patriotism1 experience1 and reason bear testimony1 have additional value at a moment when the country is looking anxiously to a reform of the civil service1 for the plain reason that the peril from the ,chief ,magistrate1 so long as he is exposed to temptation1 surpasses that from any other quarter1 and thus the first stage in this much-desired reform is the ,one-,term principle1 to the end that the ,president1 who exercises the appointing power1 reaching into all parts of the country and holding in subserviency a multitudinous army of office-holders1 shall be absolutely without motive or inducement to employ it for any other purpose than the public good3 ,and whereas the character of ,republican ,institutions requires that the ,chief ,magistrate shall be above all suspicion of using the machinery of which he is the official head to promote his own personal aims3 ,therefore1 ,be it resolved by the ,senate and ,house of ,representatives1 c41 ,that the following ,article is hereby proposed as an ,amendment to the ,constitution of the ,united ,states1 and1 when ratified by the ,legislatures of three-fourths of the several ,states1 shall be valid1 to all intents and purposes1 as part of the ,constitution2 to wit3 ,,article ----4 ,,sec4 #a4 ,no person who has once held the office of ,president of the ,united ,states shall be thereafter eligible to that office4 ,,sec4 #b4 ,this ,amendment shall not take effect until after the #dth ,march1 #ahgc4 ,on motion of ,mr4 ,sumner1 the resolution was ordered to lie on the table1 and be printed4 ,,the ,,best ,,portraits ,,in ,,engraving4 ,,article ,,in 8,,the ,,city10 ,,an ,,illustrated ,,magazine1 ,,new ,,york1 ,,january #a1 #ahgb4 ,engraving is one of the ,fine ,arts1 and in this beautiful family has been the especial hand-maiden of ,painting4 ,another sister is now coming forward to join this service1 lending to it the charm of color4 ,if1 in our day1 the 8,chromo0 can do more than ,engraving1 it cannot impair the value of the early masters4 ,with them there is no rivalry or competition4 ,historically1 as well as sthetically1 they will be masters always4 ,everybody knows something of engraving1 as of printing1 with which it was associated in origin4 ,school-books1 illustrated papers1 and shop-windows are the ordinary opportunities open to all4 ,but1 while creating a transient interest1 or perhaps quickening the taste1 they furnish little with regard to the art itself1 especially in other days4 ,and yet1 looking at an engraving1 like looking at a book1 may be the beginning of a new pleasure and a new study4 ,each person has his own story4 ,mine is simple4 ,suffering from continued prostration1 disabling me from the ordinary activities of life1 ,i turned to engravings for employment and pastime4 ,with the invaluable assistance of that devoted connoisseur1 the late ,dr4 ,thies1 ,i went through the ,gray ,collection at ,cambridge1 enjoying it like a picture-gallery4 ,other collections in our country were examined also4 ,then1 in ,paris1 while undergoing severe medical treatment1 my daily medicine for weeks was the vast cabinet of engravings1 then called ,imperial1 now ,national1 counted by the million1 where was everything to please or instruct4 ,thinking of those kindly portfolios1 ,i make this record of gratitude1 as to benefactors4 ,perhaps some other invalid1 seeking occupation without burden1 may find in them the solace that ,i did4 ,happily1 it is not necessary to visit ,paris for the purpose4 ,other collections1 on a smaller scale1 will furnish the same remedy4 ,in any considerable collection ,portraits occupy an important place4 ,their multitude may be inferred1 when ,i mention that in one series of portfolios in the ,paris ,cabinet ,i counted no less than forty-seven portraits of ,franklin and forty-three of ,lafayette1 with an equal number of ,washington1 while all the early ,presidents were numerously represented4 ,but in this large company there are very few possessing artistic value4 ,the great portraits of modern times constitute a very short list1 like the great poems or histories2 and it is the same with engravings as with pictures4 ,sir ,joshua ,reynolds1 explaining the difference between an historical painter and a portrait-painter1 remarks that the former 8paints man in general2 a portrait-painter a particular man1 and consequently a defective model40#adc ,a portrait1 therefore1 may be an accurate presentment of its subject without sthetic value4 ,but here1 as in other things1 genius exercises its accustomed sway without limitation4 ,even the difficulties of 8a defective model0 did not prevent ,raphael1 ,titian1 ,rembrandt1 ,rubens1 ,velasquez1 or ,van ,dyck from producing portraits precious in the history of ,art4 ,it would be easy to mention heads by ,raphael yielding in value to only two or three of his larger masterpieces1 like the ,dresden ,madonna4 ,charles the ,fifth stooped to pick up the pencil of ,titian1 saying1 8,it becomes ,csar to serve ,titian60 ,true enough2 but this unprecedented compliment from the imperial successor of ,charlemagne attests the glory of the portrait-painter4 ,the female figures of ,titian1 so much admired under the names of ,flora1 ,la ,bella1 his ,daughter1 his ,mistress1 and even his ,venus were portraits from life4 ,rembrandt turned from his great triumphs in his own peculiar school to portraits of unwonted power2 so also did ,rubens1 showing that in this department his universality of conquest was not arrested4 ,to these must be added ,velasquez and ,van ,dyck1 each of infinite genius1 who won fame especially as portrait-painters4 ,and what other title has ,sir ,joshua himself8 ,historical pictures are often collections of portraits arranged so as to illustrate an important event4 ,such is the famous ,peace of ,mnster1 by ,terburg1 just presented by a liberal ,englishman to the ,national ,gallery at ,london4 ,here are the plenipotentiaries of ,spain and the ,united ,provinces joining in the ratification of the treaty which1 after eighty years of war1 gave peace and independence to the latter4#add ,the engraving by ,suyderhoef is rare and interesting4 ,similar in character is ,the ,death of ,chatham1 by ,copley1 where the illustrious statesman is surrounded by the peers he had been addressing1--every one a portrait4 ,to this list must be added the pictures by ,trumbull in the ,rotunda of the ,capitol at ,washington1 especially ,the ,declaration of ,independence1 in which ,thackeray took a sincere interest4 ,standing before these1 the author and artist said to me1 8,these are the best pictures in the country10--and he proceeded to remark on their honesty and fidelity2 but doubtless their real value is in their portraits4 ,unquestionably the finest assemblage of portraits anywhere is that of the artists occupying two halls in the ,uffizi ,gallery at ,florence1 being autographs contributed by the masters themselves4 ,here is ,raphael1 with chestnut-brown hair1 and dark eyes full of sensibility1 painted when he was twenty-three1 and known by the engraving of ,forster1--,giulio ,romano1 in black and red chalk on paper1--,masaccio1 one of the fathers of painting1 much admired1--,leonardo da ,vinci1 beautiful and grand1--,titian1 rich and splendid1--,pietro ,perugino1 remarkable for execution and expression1--,albert ,drer1 rigid1 but masterly1--,gerard ,dow1 finished according to his own exacting style1--and ,reynolds1 with fresh ,english face3 but these are only examples of this incomparable collection1 which was begun as far back as the ,cardinal ,leopoldo de' ,medici1 and has been happily continued to the present time4 ,here are the lions1 painted by themselves1--except1 perhaps1 the foremost of all1 ,michel ,angelo1 whose portrait seems the work of another4 ,the impression from this collection is confirmed by that of any group of historic artists4 ,their portraits excel those of statesmen1 soldiers1 or divines1 as is easily seen by engravings accessible to all4 ,the engraved heads in ,arnold ,houbraken's biographies of the ,dutch and ,flemish painters1 in three volumes1 are a family of rare beauty4#ade ,the relation of engraving to painting is often discussed2 but nobody has treated it with more knowledge or sentiment than the consummate engraver ,longhi1 in his interesting work 8,la ,calcografia40#adf ,dwelling on the general aid it renders to the lovers of ,art1 he claims for it greater merit in 8publishing and immortalizing the portraits and actions of eminent men as an example to the present and future generations10 and1 8better than any other art1 serving as a vehicle for the most extended and remote propagation of a deserved celebrity40#adg ,even great monuments in porphyry and bronze are less durable than these light and fragile prints1 subject to all the chances of wind1 water1 and fire1 but prevailing by their numbers where hardness and tenacity succumb4 ,in other words1 it is with engravings as with books2 nor is this the only resemblance between them4 ,according to ,longhi1 an engraving is not a copy or an imitation1 as is sometimes insisted1 but a translation4#adh ,the engraver translates into another language1 where light and shade supply the place of colors4 ,the duplication of a book in the same language is a copy1 and so is the duplication of a picture in the same material4 ,evidently an engraving is not a copy2 it does not reproduce the original picture1 except in drawing and expression3 nor is it a mere imitation2 but1 as ,bryant's ,homer and ,longfellow's ,dante are presentations of the great originals in another language1 so is the engraving a presentation of painting in another material1 which is like another language4 ,thus does the engraver vindicate his art4 ,but nobody can examine a choice print without feeling that it has a merit of its own1 different from any picture1 and inferior only to a good picture4 ,a work of ,raphael1 or any of the great masters1 is better in an engraving of ,longhi or ,morghen than in any ordinary copy1 and would probably cost more in the market4 ,a good engraving is an undoubted work of ,art2 but this cannot be said of many pictures1 which1 like ,peter ,pindar's razors1 seem made only to sell4 ,much that belongs to the painter belongs also to the engraver1 who must have the same knowledge of contours1 the same power of expression1 the same sense of beauty1 and the same ability in drawing with sureness of sight1 as if1 according to ,michel ,angelo1 he had 8a pair of compasses in his eyes40 ,these qualities in a high degree make the artist1 whether painter or engraver1 naturally excel in portraits4 ,but choice portraits are less numerous in engraving than in painting1 for the reason that painting does not always find a successful translator4 ,the earliest engraved portraits which attract attention are by ,albert ,drer1 who engraved his own work1 translating himself4 ,his eminence as painter was continued as engraver4 ,here he surpassed his predecessors1--,martin ,schoen in ,germany1 and ,mantegna in ,italy1--so that ,longhi does not hesitate to say that 8he was the first who carried this art from infancy1 in which he found it1 to a condition not far from flourishing adolescence40#adi ,but while recognizing his great place in the history of engraving1 it is impossible not to see that he is often hard and constrained1 if not unfinished4 ,his portrait of ,erasmus is justly famous1 and is conspicuous among the prints exhibited in the ,british ,museum4 ,it is dated #aebf1 two years before the death of ,drer1 and has helped to extend the fame of the universal scholar and approved man of letters1 who in his own age filled a sphere not unlike that of ,voltaire in a later century4 ,there is another portrait of ,erasmus by ,holbein1 often repeated2 so that two great artists have contributed to his renown4 ,that by ,drer is admired4 ,the general fineness of touch1 with the accessories of books and flowers1 shows the care in its execution2 but it wants expression1 and the hands are far from graceful4 ,another most interesting portrait by ,drer1 executed in the same year with the ,erasmus1 is ,philip ,melanchthon1 the ,saint ,john of the ,reformation1 sometimes called 8,the ,teacher of ,germany10--,preceptor ,germani4 ,luther1 while speaking of himself as rough1 boisterous1 stormy1 and altogether warlike1 says1 8,but ,master ,philippus moves gently and quietly along1 ploughs and plants1 sows and waters with pleasure1 according as ,god hath given him ,his gifts richly40#aej ,at the date of the print he was twenty-nine years of age1 and the countenance shows the mild reformer4 ,agostino ,caracci1 of the ,bolognese family1 memorable in ,art1 added to considerable success as painter undoubted triumphs as engraver4 ,his prints are numerous1 and many are regarded with favor2 but in the long list not one is so sure of that longevity allotted to ,art as his portrait of ,titian1 which bears date #aehg1 eleven years after the death of the latter4 ,over it is the inscription1 8,titiani ,vecellii ,pictoris celeberrimi ac famosissimi vera effigies10--to which is added beneath1 8,cujus nomen orbis continere non valet40 ,although founded on originals by ,titian himself1 it was probably designed by the remarkable engraver4 ,it is very like1 and yet unlike1 the familiar portrait of which we have a recent engraving by ,mandel1 from a repetition in the ,gallery of ,berlin4 ,looking at it1 we are reminded of the terms by which ,vasari described the great painter3 8,giudizioso1 bello e stupendo40#aea ,such a head1 with such visible power1 justifies these words1 or at least makes us believe them entirely applicable4 ,it is broad1 bold1 strong1 and instinct with life4 ,this print1 like the ,erasmus of ,drer1 is among those selected for exhibition at the ,british ,museum2 and it deserves the honor4 ,though only paper with black lines1 it is1 by the genius of the artist1 as good as a picture4 ,in all engraving nothing is better4 ,contemporary with ,caracci was ,heinrich ,goltzius1 at ,haarlem1 excellent as painter1 but1 like the ,italian1 preminent as engraver4 ,his prints show mastery of the art1 making something like an epoch in its history4 ,his unwearied skill in the use of the burin appears in a tradition gathered by ,longhi from ,wille1--that1 having commenced a line1 he carried it to the end without once stopping1 while the long and bright threads of copper turned up were brushed aside by his flowing beard1 which at the end of a day's labor so shone in the light of the candles1 that his companions nicknamed him ,the ,man with the ,golden ,beard4#aeb ,there are prints by him which shine more than his beard4 ,among his masterpieces is the portrait of his instructor1 ,dirk ,coornhert1 engraver1 poet1 musician1 and vindicator of his country1 and author of the ,national air1 8,william of ,nassau10 whose passion for ,liberty did not prevent him from giving to the world translations of ,cicero's 8,offices0 and ,seneca's treatise on ,beneficence4 ,but the portrait of the engraver himself1 as large as life1 is one of the most important in the art4 ,among the numerous prints by ,goltzius1 these two will always be conspicuous4 ,in ,holland ,goltzius had eminent successors4 ,among these were ,paulus ,pontius1 designer and engraver1 whose portrait of ,rubens is of great life and beauty1 and ,rembrandt1 who was not less masterly in engraving than in painting1 as appears sufficiently in his portraits of the ,burgomaster ,six1 the two ,coppenols1 the ,advocate ,tolling1 and the goldsmith ,lutma1 all showing singular facility and originality4 ,contemporary with ,rembrandt was ,cornelis de ,visscher1 also designer and engraver1 whose portraits were unsurpassed in boldness and picturesque effect4 ,at least one authority has accorded to this artist the palm of engraving1 hailing him as 8,coryphus of the ,art40#aec ,among his successful portraits is that of a ,cat2 but all yield to what are known as ,the ,great ,beards1 being the portraits of ,willem de ,ryck1 an ophthalmist at ,amsterdam1 and ,gellius de ,bouma1 the ,zutphen ecclesiastic4 ,the latter is especially famous4 ,in harmony with the beard is the heavy face1 seventy-seven years old1 showing the fulness of long-continued potations1 and hands like the face1 original and powerful1 if not beautiful4 ,in contrast with ,visscher was his countryman ,van ,dyck1 who painted portraits with constant beauty1 and carried into etching the same ,virgilian taste and skill4 ,his aquafortis was not less gentle than his pencil4 ,among his etched portraits ,i would select that of ,snyders1 the animal-painter1 as supremely beautiful4 ,m4 ,renouvier1 in his learned and elaborate work1 8,des ,types et des ,manires des ,matres ,graveurs10 though usually moderate in praise1 speaks of these sketches as possessing 8a boldness and a delicacy which charm1 being taken at the height of the genius of the painter who best knew how to idealize portrait painting40#aed 99 99 99 99 99 ,such are illustrative instances from ,germany1 ,italy1 and ,holland4 ,as yet1 power rather than beauty presided1 unless in the etchings of ,van ,dyck4 ,but the reign of ,louis the ,fourteenth was beginning to assert a supremacy in engraving as in literature4 ,the great school of ,french engravers which appeared at this time brought the art to a splendid perfection1 which many think has not been equalled since2 so that ,masson1 ,nanteuil1 ,edelinck1 and ,drevet may claim fellowship in genius with their immortal contemporaries1 ,corneille1 ,racine1 ,la ,fontaine1 and ,molire4 ,the school was opened by ,claude ,mellan1 more known as engraver than painter1 and also author of most of the designs he engraved4 ,his life1 beginning with the sixteenth century1 was protracted to nearly ninety years1 not without signal honor2 for his name appears among the 8,illustrious ,men0 of ,france1 in the beautiful volumes of ,perrault1 which is also a homage to the art he practised4 ,one of his works1 for a long time much admired1 was described by this author3-- 8,it is a head of ,christ1 designed and shaded with his crown of thorns1 and the blood that trickles on all sides1 by one single stroke1 which1 beginning at the tip of the nose1 and continuing always in a curve1 forms very exactly all that is represented in the plate1 merely by the different thickness of this stroke1 which1 according as it is more or less broad1 makes the eyes1 nose1 mouth1 cheeks1 hair1 blood1 and thorns2 the whole so well represented1 and with such expression of pain and affliction1 that nothing is more sad or more touching40#aee ,this print is known as ,the ,sudarium of ,saint ,veronica4 ,longhi records that it was thought at the time 8inimitable10 and was 8praised to the skies10--adding1 8,but people think differently now40#aef ,at best it is a curiosity among portraits4 ,a traveller reported some time ago that it was the sole print on the walls of the room occupied by the ,director of the ,imperial ,cabinet of ,engravings at ,st4 ,petersburg4 ,morin was a contemporary of ,mellan1 and less famous at the time4 ,his style of engraving was peculiar1 being a mixture of strokes and dots1 but so harmonized as to produce a pleasing effect4 ,one of the best engraved portraits in the history of the art is his ,cardinal ,bentivoglio2 but here he translated ,van ,dyck1 whose picture is among his best4 ,a fine impression of this print is a choice possession4 ,among ,french masters ,antoine ,masson is conspicuous for brilliant hardihood of style1 which1 though failing in taste1 is powerful in effect4 ,metal1 armor1 velvet1 feather1 seem as if painted4 ,he is also most successful in the treatment of hair4 ,his immense skill made him welcome difficulties1 as if to show his ability in overcoming them4 ,his print of ,henri de ,lorraine1 ,comte d',harcourt1 known as ,cadet la ,perle1 from the pearl in the ear1 with the date #affg1 is often placed at the head of engraved portraits1 although not particularly pleasing or interesting4 ,the vigorous countenance is aided by the gleam and sheen of the various substances entering into the costume4 ,less powerful1 but having a charm of its own1 is that of ,brisacier1 known as ,the ,gray-,haired ,man1 engraved in #affd4 ,the remarkable representation of hair in this print has been a model for artists1 especially for ,longhi1 who recounts that he copied it in his head of ,washington4#aeg ,somewhat similar is the head of ,charrier1 the ,criminal ,judge at ,lyons4 ,though inferior in hair1 it surpasses the other in expression4 ,nanteuil was an artist of different character1 being to ,masson as ,van ,dyck to ,visscher1 with less of vigor than beauty4 ,his original genius was refined by classical studies and quickened by diligence4 ,though dying at the age of forty-eight1 he had executed as many as two hundred and eighty plates1 nearly all portraits4 ,the favor he enjoyed during life has not diminished with time4 ,his works illustrate the reign of ,louis the ,fourteenth1 and are still admired4 ,among these are portraits of the ,king1 ,anne of ,austria1 ,johan ,baptist van ,steenberghen1 called ,the ,advocate of ,holland1 a ,heavy ,dutchman1 ,franois de la ,mothe-,le-,vayer1 a fine and delicate work1 ,turenne1 ,colbert1 ,lamoignon1 the poet ,loret1 ,maridat de ,serrire1 ,louise-,marie de ,gonzague1 ,louis ,hesselin1 ,christina of ,sweden1--all masterpieces2 but above these is the ,pomponne de ,bellivre1 foremost among his masterpieces1 and a chief masterpiece of ,art1 being1 in the judgment of more than one connoisseur1 the most beautiful engraved portrait that exists4 ,that excellent authority ,dr4 ,thies1 who knew engraving more thoroughly and sympathetically than any person ,i remember in our country1 said1 in a letter to myself1 as long ago as ,march1 #aheh1-- 8,when ,i call ,nanteuil's ,pomponne the handsomest engraved portrait1 ,i express a conviction to which ,i came when ,i studied all the remarkable engraved portraits at the royal cabinet of engravings in ,dresden1 and at the large and exquisite collection there of the late ,king of ,saxony1 and in which ,i was confirmed1 or perhaps to which ,i was led1 by the director of the two establishments1 the late ,professor ,frenzel40 ,and after describing this head1 the learned connoisseur proceeds3-- 8,there is an air of refinement 7,vornehmheit7 round the mouth and nose as in no other engraving4 ,color and life shine through the skin1 and the lips appear red40 ,it is bold1 perhaps1 thus to exalt a single portrait1 giving to it the palm of ,venus2 nor do ,i know that it is entirely proper to classify portraits according to beauty4 ,in disputing about beauty1 we are too often lost in the variety of individual tastes2 and yet each person knows when he is touched4 ,in proportion as multitudes are touched1 there must be merit4 ,as in music a simple heart-melody is often more effective than any triumph over difficulties or bravura of manner1 so in engraving1 the sense of the beautiful may prevail over all else2 and this is the case with the ,pomponne1 although there are portraits by others showing higher art4 ,no doubt there have been as handsome men1 whose portraits were engraved1 but not so well4 ,i know not if ,pomponne was what would be called a handsome man1 although his air is noble and his countenance bright2 but among portraits more boldly1 delicately1 or elaborately engraved1 there are very few to contest the palm of beauty4#aeh ,and who is this handsome man to whom the engraver has given a lease of fame8 ,son1 nephew1 and grandson of high dignitaries in ,church and ,state1--with two grandfathers ,chancellors of ,france1 two uncles ,archbishops1 his father ,president of the ,parliament of ,paris and ,councillor of ,state1--himself at the head of the magistracy of ,france1 ,first ,president of ,parliament1 according to an inscription on the engraving1 ,senatus ,galliarum ,princeps1 ,ambassador to ,italy1 ,holland1 and ,england1 charged in the last-named country by ,cardinal ,mazarin with the impossible duty of making peace between the ,long ,parliament and ,charles the ,first1 and at his death great benefactor of the ,general ,hospital of ,paris1 bestowing upon it riches and the very bed on which he died4 ,such is the simple catalogue2 and yet it is all forgotten4 ,a ,funeral ,panegyric pronounced at his death1 now before me in the original pamphlet of the time1#aei testifies to more than family or office4 ,in himself he was much1 and not of those who1 according to the saying of ,saint ,bernard1 8give out smoke rather than light40#afj 8,pure glory and innocent riches0#afa were his2 and he was the more precious in the sight of all good men1 that he showed himself incorruptible1 and not to be bought at any price4 ,it were easy for him to have turned a deluge of wealth into his house2 but he knew that gifts insensibly entangle1--that the specious pretext of gratitude is the snare in which the greatest souls allow themselves to be caught1--that a man covered with favors has difficulty in setting himself against injustice in all its forms1--and that a magistrate divided between a sense of obligations received and the care of the public interest1 which he ought always to promote1 is a paralytic magistrate1 a magistrate deprived of a moiety of himself4 ,so spoke the preacher1 while he portrayed a charity tender and effective for the wretched1 a vehemence just and inflexible toward the dishonest and wicked1 and a sweetness noble and beneficent for all2 dwelling also on his countenance1 which had nothing of that severe and sour austerity that renders justice to the good only as if with regret1 and to the guilty only in anger2 then on his pleasant and gracious address1 his intellectual and charming conversation1 his ready and judicious replies1 his agreeable and intelligible silence1--even his refusals being well received and obliging1--while1 amidst all the pomp and splendor accompanying him1 there shone in his eyes a certain air of sweetness and majesty1 which secured for him1 and for justice itself1 love as well as respect4 ,his benefactions were constant4 ,not content with merely giving1 he gave with a beautiful manner1 still more rare4 ,he could not abide beauty of intelligence without goodness of soul2 and he preferred always the poor1 having for them not only compassion1 but a sort of reverence4 ,he knew that the way to take the poison from riches was to let the poor taste of them4 ,the sentiment of ,christian charity for the poor1 who were to him in the place of children1 was his last thought1--as witness especially the ,general ,hospital endowed by him1 and represented by the preacher as the greatest and most illustrious work ever undertaken by charity the most heroic4 ,thus lived and died the splendid ,pomponne de ,bellivre1 with no other children than his works4 ,celebrated at the time by a ,funeral ,panegyric now forgotten1 and placed among the ,illustrious ,men of ,france in a work remembered only for its engraved portraits1#afb his famous life shrinks in the voluminous 8,biographic ,universelle0 of ,michaud to the sixth part of a single page1 and in the later 8,biographic ,gnrale0 of ,didot disappears entirely4 ,history forgets to mention him4 ,but the lofty magistrate1 ambassador1 and benefactor1 founder of a great hospital1 cannot be entirely lost from sight so long as his portrait by ,nanteuil holds a place in ,art4 ,younger than ,nanteuil by ten years1 ,gerard ,edelinck excelled him in genuine mastery4 ,born at ,antwerp1 he became ,french by adoption1 occupying apartments in the ,gobelins1 and enjoying a pension from ,louis the ,fourteenth4 ,longhi says that he is 8the engraver whose works1 not only in my opinion1 but in that of the best judges1 deserve the first place among exemplars of the art02 and he attributes to him1 8in a high degree1 design1 chiaroscuro1 arial perspective1 local tints1 softness1 lightness1 variety1 in short everything which can form the most exact representation of the true and beautiful without the aid of color40 ,others may have surpassed him in particular things1 but1 according to the ,italian teacher1 8he still remains by common consent the prince of engraving40#afc ,another critic calls him 8king40 ,it requires no remarkable knowledge to recognize his great merits4 ,evidently he is a master1 exercising sway with absolute art1 and without attempt to bribe the eye by special effects of light1 as on metal or satin4 ,among his conspicuous productions is ,the ,tent of ,darius1 a large engraving on two sheets1 after ,le ,brun1 where the family of the ,persian monarch prostrate themselves before ,alexander1 who approaches with ,hephstion4 ,there is also a ,holy ,family1 after ,raphael1 and ,the ,battle of the ,standard1 after ,leonardo da ,vinci4 ,but these are less interesting than his numerous portraits1 among which that of ,philippe de ,champagne is the chief masterpiece2 and there are others of signal merit1 including especially ,madame ,helyot1 or ,la belle ,religieuse1 a beautiful ,french coquette praying before a crucifix2 ,martin van den ,bogaert 7,des ,jardins17 the sculptor2 ,frdric ,lonard1 ,printer to the ,king2 ,mouton1 the ,lute-,player2 ,nathanael ,dilgerus1 with a venerable beard white with age2 ,jules ,hardouin ,mansart1 the architect2 also a portrait of ,pomponne de ,bellivre1 which will be found among the prints of ,perrault's 8,illustrious ,men40 ,the ,philippe de ,champagne is the head of that eminent ,french artist after a painting by himself1 and it contests the palm with the ,pomponne4 ,mr4 ,marsh1 who is an authority1 prefers it4 ,dr4 ,thies1 who places the latter first in beauty1 is constrained to allow that the other is 8superior as a work of the graver10 being executed with all the resources of the art in its chastest form4 ,the enthusiasm of ,longhi finds expression in unusual praise3-- 8,the work which goes most to my blood1 and of which ,edelinck himself was justly proud1 is the portrait of ,champagne4 ,i shall die before ,i cease often to contemplate it with ever new wonder4 ,here is seen how he was equally great as designer and engraver40#afd ,and he then dwells on various details1--the bones1 the skin1 the flesh1 the eyes living and seeing1 the moistened lips1 the chin covered with a beard unshaven for many days1 and the hair in all its forms4 ,between the rival portraits by ,nanteuil and ,edelinck it is unnecessary to decide4 ,each is beautiful4 ,in looking at them we recognize anew the transient honors of public service4 ,the present fame of ,champagne surpasses that of ,pomponne4 ,the artist outlives the magistrate4 ,but does not the poet tell us that 8the artist never dies08 ,as ,edelinck passed from the scene the family of ,drevet appeared1 especially the son1 ,pierre ,imbert ,drevet1 born in #afig1 who developed a rare excellence1 improving even upon the technics of his predecessor1 and gilding his refined gold4 ,the son was born engraver1 for at the age of thirteen he produced an engraving of exceeding merit4 ,like ,masson he manifested a singular skill in rendering different substances by the effect of light1 and at the same time gave to flesh a softness and transparency which remain unsurpassed4 ,to these he added great richness in picturing costumes and drapery1 especially in lace4 ,he was eminently a portrait engraver1 which ,i must insist is the highest form of the art1 as the human face is the most important object for its exercise4 ,less clear and simple than ,nanteuil1 and less severe than ,edelinck1 he gave to the face individuality of character1 and made his works conspicuous in ,art4 ,if there was excess in the accessories1 it was before the age of ,sartor ,resartus1 and he only followed the prevailing style in the popular paintings of ,hyacinthe ,rigaud4 ,art in all its forms had become florid1 if not meretricious2 and ,drevet was a representative of his age4 ,among his works are important masterpieces4 ,i name only ,bossuet1 the famed ,eagle of ,meaux2 ,samuel ,bernard1 the rich ,councillor of ,state2 ,fnelon1 the persuasive teacher and writer2 ,cardinal ,dubois1 the unprincipled minister and favorite of the ,regent of ,france2 and ,adrienne ,le ,couvreur1 the beautiful and unfortunate actress1 linked in love with ,marshal ,saxe4 ,the portrait of ,bossuet has everything to attract and charm4 ,there stands the powerful defender of the ,catholic ,church1 master of ,french style1 and most renowned pulpit orator of ,france1 in episcopal robes1 with abundant lace1 which is the perpetual envy of the fair who look at this transcendent effort4 ,the ermine of ,dubois is exquisite2 but the general effect of this portrait does not compare with the ,bossuet1 next to which1 in fascination1 ,i put the ,adrienne4 ,at her death the actress could not be buried in consecrated ground2 but through ,art she has the perpetual companionship of the greatest bishop of ,france4 99 99 99 99 99 ,with the younger ,drevet closed the classical period of portraits in engraving1 as just before had closed the ,augustan age of ,french literature4 ,louis the ,fourteenth decreed engraving a ,fine ,art1 and established an ,academy for its cultivation4 ,pride and ostentation in the king and the great aristocracy created a demand1 which the genius of the age supplied4 ,the heights that had been reached could not be maintained4 ,there were eminent engravers still1 but the zenith had been passed4 ,balechou1 who belonged to the reign of ,louis the ,fifteenth1 and ,beauvarlet1 whose life was protracted beyond the ,reign of ,terror1 both produced portraits of merit4 ,the former is noted for a certain clearness and brilliancy1 but with a hardness as of brass or marble1 and without entire accuracy of design2 the latter has much softness of manner4 ,they were the best artists of ,france at the time1 but none of their portraits are famous4 ,to these may be added another contemporary artist1 without predecessor or successor1 tienne ,ficquet1 unduly disparaged in one of the dictionaries as 8a reputable ,french engraver10 but undoubtedly remarkable for small portraits1 not unlike miniatures1 of exquisite finish4 ,among these the rarest and most admired are ,la ,fontaine1 ,madame de ,maintenon1 ,rubens1 and ,van ,dyck4 ,two other engravers belong to this intermediate period1 although not ,french in origin1--,georg ,friedrich ,schmidt1 born at ,berlin1 #agab1 and ,johann ,georg ,wille1 born near the small town of ,knigsberg1 in the ,grand ,duchy of ,hesse-,darmstadt1 #agag1 but1 attracted to ,paris1 they became the greatest engravers of the time4 ,their work is ,french1 and they are the natural development of that classical school4 ,schmidt was the son of a poor weaver1 and lost six precious years as a soldier in the artillery at ,berlin4 ,owing to the smallness of his size he was at length dismissed1 when he surrendered to a natural talent for engraving4 ,arriving at ,strasburg1 on his way to ,paris1 he fell in with ,wille1 who joined him in his journey1 and eventually in his studies4 ,the productions of ,schmidt show ability1 originality1 and variety1 rather than taste4 ,his numerous portraits are excellent1 being free and life-like1 while the accessories of embroidery and drapery are rendered with effect4 ,as an etcher he ranks next after ,rembrandt4 ,of his portraits executed with the graver1 that of the ,empress ,elizabeth of ,russia is usually called the most important1 perhaps on account of the imperial theme1--and next1 those of ,count ,rasoumowsky1 ,count ,esterhazy1 and ,mounsey1 ,court ,physician1 which he engraved while in ,st4 ,petersburg1 whither he was called by the ,empress1 founding there the ,academy of ,engraving4 ,but his real masterpieces are unquestionably ,pierre ,mignard and ,la ,tour1 ,french painters1 the latter represented laughing4 ,wille lived to old age1 not dying till #ahjh4 ,during this long life he was active in the art to which he inclined naturally4 ,his mastery of the graver was perfect1 lending itself especially to the representation of satin and metal1 although less happy with flesh4 ,his ,satin ,gown1 or ,l',instruction ,paternelle1 after ,terburg1 and ,les ,musiciens ,ambulants1 after ,dietrich1 are always admired4 ,nothing of the kind in engraving is finer4 ,his style was adapted to pictures of the ,dutch school1 and to portraits with rich surroundings4 ,of the latter the principal are ,comte de ,saint-,florentin1 ,marquis ,poisson de ,marigny1 ,jean de ,boullongne1 and ,cardinal de ,tencin4 99 99 99 99 99 ,especially eminent was ,wille as a teacher4 ,under his influence the art assumed new life1 so that he became father of the modern school4 ,his scholars spread everywhere1 and among them are acknowledged masters4 ,he was teacher of ,bervic1 whose portrait of ,louis the ,sixteenth in his coronation robes is of a high order1 himself teacher of the ,italian ,toschi1 who1 after an eminent career1 died as late as #aheh2 also teacher of ,p4 ,a4 ,tardieu1 himself teacher of the brilliant ,desnoyers1 whose portrait of the ,emperor ,napoleon in his coronation robes is the fit complement to that of ,louis the ,sixteenth2 also teacher of the ,german1 ,j4 ,g4 von ,mller1 himself father and teacher of ,j4 ,f4 ,w4 von ,mller1 engraver of the ,sistine ,madonna1 in a plate whose great fame is not above its merit2 also teacher of the ,italian ,vangelisti1 himself teacher of the unsurpassed ,longhi1 in whose school were ,anderloni and ,jesi4 ,thus not only by his works1 but by his famous scholars1 did the humble gunsmith gain sway in ,art4 ,among portraits of this school deserving especial mention is that of ,king ,jerome of ,westphalia1 brother of ,napoleon1 by the two ,mllers above named1 where the genius of the artists is most conspicuous1 although the subject contributes little4 ,as in the case of the ,palace of the ,sun1 described by ,ovid1 8materiam superabat opus40#afe ,this work is a beautiful example of skill in representation of fur and lace1 not yielding even to ,drevet4 ,longhi was a universal master1 and his portraits are only part of his work4 ,that of ,washington1 which is rare1 is evidently founded on ,stuart's painting1 but after a design of his own1 which is now in the possession of the ,swiss ,consul at ,venice4 ,the artist particularizes the hair1 as being modelled after the ,french master ,masson4#aff ,the portraits of ,michel ,angelo and ,dandolo1 the venerable ,doge of ,venice1 are admired2 so also is the ,napoleon as ,king of ,italy1 with the iron crown and finest lace4 ,but his chief portrait is that of ,eugne ,beauharnais1 ,viceroy of ,italy1 full length1 remarkable for the plume in the cap1 which is finished with surpassing skill4 99 99 99 99 99 ,contemporary with ,longhi was another ,italian engraver of widely extended fame1 who was not the product of the ,french school1--,raffaello ,morghen1 born at ,portici in #agfa4 ,his works have enjoyed a popularity beyond those of other masters1 partly from the interest of their subjects1 and partly from their soft and captivating style1 although they do not possess the graceful power of ,nanteuil and ,edelinck1 and are without variety4 ,he was scholar and son-in-law of ,volpato1 of ,rome1 himself scholar of ,wagner1 of ,venice1 whose homely round faces were not high models in ,art4 ,the ,aurora of ,guido and the ,last ,supper of ,leonardo da ,vinci stand high in engraving1 especially the latter1 which occupied ,morghen three years4 ,of his two hundred and fifty-four works no less than eighty-five are portraits1 among which are the ,italian poets1--,dante1 ,petrarc1 ,ariosto1 ,tasso1 also ,boccaccio1--and a head called ,raphael1 but supposed to be that of ,bindo ,altoviti1 the great painter's friend1#afg and especially the ,duke of ,moncada on horseback1 after ,van ,dyck1 which has received warm praise4 ,but none of his portraits is calculated to give greater pleasure than that of ,leonardo da ,vinci1 which may vie in beauty even with the famous ,pomponne4 ,here is the beauty of years and of serene intelligence4 ,looking at that tranquil countenance1 it is easy to imagine the large and various capacities which made him not only painter1 but sculptor1 architect1 musician1 poet1 discoverer1 philosopher1 even predecessor of ,galileo and ,bacon4 ,such a character deserves the immortality of ,art4 ,happily1 an old ,venetian engraving1 reproduced in our day1#afh enables us to see this same countenance at an earlier period of life with sparkle in the eye4 ,raffaello ,morghen left no scholars who have followed him in portraits2 but his own works are still regarded1 and a monument in ,santa ,croce1 the ,westminster ,abbey of ,florence1 places him among the mighty dead of ,italy4 99 99 99 99 99 ,thus far nothing has been said of ,english engravers4 ,here1 as in ,art generally1 ,england seems removed from the rest of the world1--8,et penitus toto divisos orbe ,britannos40#afi ,but though beyond the sphere of ,continental ,art1 the island of ,shakespeare was not inhospitable to some of its representatives4 ,van ,dyck1 ,rubens1 ,sir ,peter ,lely1 and ,sir ,godfrey ,kneller1 all ,dutch artists1 painted the portraits of ,englishmen1 and engraving was first illustrated by foreigners4 ,jacob ,houbraken1 another ,dutch artist1 born in #afih1 was employed to execute portraits for ,birch's 8,heads of ,illustrious ,persons of ,great ,britain10 published at ,london in #agdc2 and in these works may be seen the sthetic taste inherited from his father1 7the biographer of the ,dutch artists1#agj7 and improved by study of the ,french masters4 ,although without great force or originality of manner1 many of these have positive beauty4 ,i would name especially the ,sir ,walter ,raleigh and ,john ,dryden4 ,different in style was ,bartolozzi1 the ,italian1 who made his home in ,england for forty years1 ending in #ahje1 when he removed to ,lisbon4 ,the considerable genius which he possessed was spoiled by haste in execution1 superseding that care which is an essential condition of ,art4 ,hence sameness in his work1 and indifference to the picture he copied4 ,longhi speaks of him as 8most unfaithful to his archetypes10 and1 8whatever the originals1 being always ,bartolozzi40#aga ,among his portraits of especial interest are several old wigs1 as ,mansfield and ,thurlow2 also the ,death of ,chatham1 after the picture of ,copley in the ,vernon ,gallery4 ,but his prettiest piece undoubtedly is ,mary1 ,queen of ,scots1 with her little ,son1 ,james the ,first1 after what ,mrs4 ,jameson calls 8the lovely picture by ,zuccaro at ,chiswick40#agb ,in the same style are his vignettes1 which are of acknowledged beauty4 ,meanwhile a ,scotchman1 honorable in ,art1 comes upon the scene1--,sir ,robert ,strange1 born in the distant ,orkneys in #agba1 who abandoned the law for engraving4 ,as a youthful ,jacobite he joined the ,pretender in #agde1 sharing the disaster of ,culloden1 and owing his safety from pursuers to a young lady dressed in the ample costume of the period1 whom he afterwards married in gratitude1 and they were both happy4 ,he has a style of his own1 rich1 soft1 and especially charming in the tints of flesh1 making him a natural translator of ,titian4 ,his most celebrated engravings are doubtless the ,venus and the ,dana after the great ,venetian colorist2 but the ,cleopatra1 though less famous1 is not inferior in merit4 ,his acknowledged masterpiece is the ,madonna of ,st4 ,jerome1 called 8,the ,day10 after the picture by ,correggio in the ,gallery of ,parma2 but his portraits after ,van ,dyck are not less fine1 while they are more interesting1--as ,charles the ,first1 with a large hat1 by the side of his horse1 which the ,marquis of ,hamilton is holding2 and that of the same monarch standing in his ermine robes2 also the three royal children1 with two ,king ,charles spaniels at their feet2 also ,henrietta ,maria1 the ,queen of ,charles4 ,that with the ermine robes is supposed to have been studied by ,raffaello ,morghen1 called sometimes an imitator of ,strange4#agc ,to these ,i would add the rare autograph portrait of the engraver1 being a small head after ,greuz1 which is simple and beautiful4 ,one other name will close this catalogue4 ,it is that of ,william ,sharp1 who was born at ,london in #agdf1 and died there in #ahbd4 ,though last in order1 this engraver may claim kindred with the best4 ,his first essays were the embellishment of pewter pots1 from which he ascended to the heights of ,art1 showing a power rarely equalled4 ,without any instance of peculiar beauty1 his works are constant in character and expression1 with every possible excellence of execution3 face1 form1 drapery1--all are as in ,nature4 ,his splendid qualities appear in the ,doctors of the ,church1 which has taken its place as the first of ,english engravings4 ,it is after the picture of ,guido1 once belonging to the ,houghton ,gallery1 which in an evil hour for ,english taste was allowed to enrich the collection of the ,hermitage at ,st4 ,petersburg2 and ,i remember well that this engraving by ,sharp was one of the few ornaments in the drawing-room of ,macaulay when ,i last saw him1 shortly before his lamented death4 ,next to the ,doctors of the ,church is his ,lear in the ,storm1 after the picture by ,west1 now in the ,boston ,athenum1 and his ,sortie from ,gibraltar1 after the picture by ,trumbull1 also in the ,boston ,athenum4 ,thus1 through at least two of his masterpieces whose originals are among us1 is our country associated with this great artist4 ,it is of portraits especially that ,i write1 and here ,sharp is truly eminent4 ,all he did was well done2 but two are models1--that of ,mr4 ,boulton1 a strong1 well-developed country gentleman1 admirably executed1 and of ,john ,hunter1 the eminent surgeon1 after the painting by ,sir ,joshua ,reynolds1 in the ,london ,college of ,surgeons1 unquestionably the foremost portrait in ,english ,art1 and the coqual companion of the great portraits in the past2 but here the engraver united his rare gifts with those of the painter4 99 99 99 99 99 ,in closing these sketches ,i would have it observed that this is no attempt to treat of engraving generally1 or of prints in their mass or types4 ,the present subject is simply ,portraits1 and ,i stop now just as we arrive at contemporary examples1 abroad and at home1 with the gentle genius of ,mandel beginning to ascend the sky1 and our own engravers appearing on the horizon4 ,there is also a new and kindred art1 infinite in value1 where the ,sun himself becomes artist1 with works which mark an epoch4 ,,washington1 #aath ,dec41 #ahga4 99 99 99 99 99 ,,note4--,when ,mr4 ,sumner began the publication of his ,works in #ahgj1 he engaged ,mr4 ,george ,nichols1 of ,cambridge1 to read the proofs editorially4 ,this ,mr4 ,nichols did1 with great care and ability1 until about ten days before his death1 which occurred on the #fth of ,july1 #ahhb4 ,his work of supervision ended on p4 #ccd of this volume4 ,,equality ,,before ,,the ,,law ,,protected ,,by ,,national ,,statute4 ,,speeches ,,in ,,the ,,senate1 ,,on ,,his ,,supplementary ,,civil ,,rights ,,bill1 ,,as ,,an ,,amendment ,,to ,,the ,,amnesty ,,bill1 ,,january #ae1 #ag1 #ca1 ,,february #e1 ,,and ,,may #ba1 #ahgb4 ,brave ,theseus1 they were ,,men like all before1 ,and human souls in human frames they bore1 ,with you to take their parts in earthly feasts1 ,with you to climb one heaven and sit immortal guests4 ,,statius1 ,thebad1 tr4 ,kennett1 ,lib4 ,,xi4 99 99 99 99 99 ,i was fully convinced1 that1 whatever difference there is between the ,negro and ,european in the conformation of the nose and the color of the skin1 there is none in the genuine sympathies and characteristic feelings of our common nature4--,,mungo ,,park1 ,travels in the ,interior ,districts of ,africa1 7,london1 #ahaf17 ,vol4 ,i4 p4 #hj1 ,ch4 #f4 99 99 99 99 99 ,the word ,,man is thought to carry somewhat of dignity in its sound2 and we commonly make use of this1 as the last and the most prevailing argument against a rude insulter1 8,i am not a beast1 a dog1 but ,i am a ,man as well as yourself40 ,since1 then1 human nature agrees equally to all persons1 and since no one can live a sociable life with another who does not own and respect him as a ,man1 it follows1 as a command of the ,law of ,nature1 that every man esteem and treat another as one who is naturally his equal1 or who is a ,man as well as he4--,,pufendorf1 ,law of ,nature and ,nations1 tr4 ,kennett1 ,book ,,iii41 ,ch4 #b1 #a4 99 99 99 99 99 ,carrying his solicitude still farther1 ,charlemagne recommended to the bishops and abbots1 that1 in their schools1 8they should take care to make no difference between the sons of serfs and of freemen1 so that they might come and sit on the same benches to study grammar1 music1 and arithmetic40--,,guizot1 ,history of ,france1 tr4 ,black1 7,london1 #ahgb17 ,vol4 ,i4 p4 #bci4 ,,introduction4 ,may #ac1 #ahgj1 ,mr4 ,sumner asked1 and by unanimous consent obtained1 leave to bring in a bill 8,supplementary to an ,act entitled #8,an ,act to protect all persons in the ,united ,states in their civil rights1 and furnish the means of their vindication1' passed ,april #i1 #ahff10 which was read the first and second times by unanimous consent1 referred to the ,committee on the ,judiciary1 and ordered to be printed4 ,july #gth1 only a few days before the close of the session1 ,mr4 ,trumbull1 ,chairman of the ,committee on the ,judiciary1 reported a bundle of bills1 including that above mentioned1 adversely1 and all1 on his motion1 were postponed indefinitely4 ,january #bj1 #ahga1 ,mr4 ,sumner again introduced the same bill1 which was once more referred to the ,committee on the ,judiciary4 ,february #aeth1 ,mr4 ,trumbull1 from the ,committee1 again reported the bill adversely2 but1 at the suggestion of ,mr4 ,sumner1 it was allowed to go on the ,calendar4 ,owing to the pressure of business in the latter days of the session1 he was not able to have it considered1 and the bill dropped with the session4 99 99 99 99 99 ,at the opening of the next ,congress1 ,march #i1 #ahga1 ,mr4 ,sumner again brought forward the same bill1 which was read the first and second times1 by unanimous consent1 and on his motion ordered to lie on the table and be printed4 ,in making this motion he said that the bill had been reported adversely twice by the ,committee on the ,judiciary2 that1 therefore1 he did not think it advisable to ask its reference again2 that nothing more important could be submitted to the ,senate1 and that it should be acted on before any adjournment of ,congress4 ,in reply to an inquiry from ,mr4 ,hamlin1 of ,maine1 ,mr4 ,sumner proceeded to explain the bill1 which he insisted was in conformity with the ,declaration of ,independence1 and with the ,national ,constitution1 neither of which knows anything of the word 8white40 ,then1 announcing that he should do what he could to press the bill to a vote1 he said3 8,senators may vote it down4 ,they may take that responsibility2 but ,i shall take mine1 ,god willing40 ,at this session a resolution was adopted limiting legislation to certain enumerated subjects1 among which the ,supplementary ,civil ,rights bill was not named4 ,march #agth1 while the resolution was under discussion1 ,mr4 ,sumner warmly protested against it1 and insisted that nothing should be done to prevent the consideration of his bill1 which he explained at length4 ,in reply to the objection that the session was to be short1 and that there was no time1 he said3 8,make the time1 then2 extend the session2 do not limit it so as to prevent action on a measure of such vast importance40 ,an amendment moved by ,mr4 ,sumner to add this bill to the enumerated subjects was rejected4 ,the session closed without action upon it4 99 99 99 99 99 ,at the opening of the next session1 ,mr4 ,sumner renewed his efforts4 ,december #g1 #ahga1 in presenting a petition from colored citizens of ,albany1 he remarked3 8,it seems to me the ,senate cannot do better than proceed at once to the consideration of the supplementary bill now on our ,calendar1 to carry out the prayer of these petitioners02 and he wished ,congress might be inspired to 8make a ,christmas present to their colored fellow-citizens of the rights secured by that bill40 ,december #bjth1 the ,senate having under consideration a bill1 which had already passed the ,house1 8for the removal of the legal and political disabilities imposed by the third section of the ,fourteenth ,article of ,amendment to the ,constitution of the ,united ,states10 ,mr4 ,sumner1 insisting upon justice before generosity1 moved his ,supplementary ,civil ,rights ,bill as an amendment4 ,a colloquy took place between himself and ,mr4 ,hill1 of ,georgia1 in which the latter opposed the amendment4 ,,mr4 ,,sumner4 ,i should like to bring home to the ,senator that nearly one half of the people of ,georgia are now excluded from the equal rights which my amendment proposes to secure2 and yet ,i understand that the ,senator disregards their condition1 sets aside their desires1 and proposes to vote down my proposition4 ,the ,senator assumes that the former ,rebels are the only people of ,georgia4 ,sir1 ,i see the colored race in ,georgia4 ,i see that race once enslaved1 for a long time deprived of all rights1 and now under existing usage and practice despoiled of rights which the ,senator himself is in the full enjoyment of4 ,,mr4 ,,hill4 ''' ,i never can agree in the proposition that1 if there be a hotel for the entertainment of travellers1 and two classes stop at it1 and there is one dining-room for one class and one for another1 served alike in all respects1 with the same accommodations1 the same attention to the guests1 there is anything offensive1 or anything that denies the civil rights of one more than the other4 ,nor do ,i hold1 that1 if you have public schools1 and you give all the advantages of education to one class as you do to another1 but keep them separate and apart1 there is any denial of a civil right in that4 ,i also contend1 that1 even upon the railways of the country1 if cars of equal comfort1 convenience1 and security be provided for different classes of persons1 no one has a right to complain1 if it be a regulation of the companies to separate them4''' ,,mr4 ,,sumner4 ,mr4 ,president1 we have a vindication on this floor of inequality as a principle and as a political rule4 ,,mr4 ,,hill4 ,on which race1 ,i would inquire1 does the inequality to which the ,senator refers operate8 ,,mr4 ,,sumner4 ,on both4 ,why1 the ,senator would not allow a white man in the same car with a colored man4 ,,mr4 ,,hill4 ,not unless he was invited1 perhaps4 ,laughter4 ,,mr4 ,,sumner4 ,the ,senator mistakes a substitute for equality4 ,equality is where all are alike4 ,a substitute can never take the place of equality4 ,it is impossible2 it is absurd4 ,i must remind the ,senator that it is very unjust1--it is terribly unjust4 ,we have received in this ,chamber a colored ,senator from ,mississippi2 but according to the rule of the ,senator from ,georgia we should have put him apart by himself2 he should not have sat with his brother ,senators4 ,do ,i understand the ,senator as favoring such a rule8 ,,mr4 ,,hill4 ,no1 ,sir4 ,,mr4 ,,sumner4 ,the ,senator does not4 ,,mr4 ,,hill4 ,i do not1 ,sir1 for this reason3 it is under the institutions of the country that he becomes entitled by law to his seat here2 we have no right to deny it to him4 ,,mr4 ,,sumner4 ,very well2 and ,i intend1 to the best of my ability1 to see that under the institutions of the country he is equal everywhere4 ,the ,senator says he is equal in this ,chamber4 ,i say he should be equal in rights everywhere2 and why not1 ,i ask the ,senator from ,georgia8 ,,mr4 ,,hill4 ''' ,i am one of those who have believed1 that1 when it pleased the ,creator of heaven and earth to make different races of men1 it was ,his purpose to keep them distinct and separate4 ,i think so now4''' ,,mr4 ,,sumner4 ,the ,senator admits that in the highest council-chamber there is1 and should be1 perfect equality before the law2 but descend into the hotel1 on the railroad1 within the common school1 and there can be no equality before the law4 ,the ,senator does not complain because all are equal in this ,chamber4 ,i should like to ask him1 if he will allow me1 whether1 in his judgment1 the colored ,representatives from ,georgia and ,south ,carolina in the other ,chamber ought not on railroads and at hotels to have like rights with himself8 ,i ask that precise question4 ,,mr4 ,,hill4 ,i will answer that question in this manner3 ,i myself am subject in hotels and upon railroads to the regulations provided by the hotel proprietors for their guests1 and by the railroad companies for their passengers4 ,i am entitled1 and so is the colored man1 to all the security and comfort that either presents to the most favored guest or passenger2 but ,i maintain that proximity to a colored man does not increase my comfort or security1 nor does proximity to me on his part increase his1 and therefore it is not a denial of any right in either case4 ,,mr4 ,,sumner4 ,may ,i ask the ,senator if he is excluded from any right on account of his color8 ,the ,senator says he is sometimes excluded from something at hotels or on railroads4 ,i ask whether any exclusion on account of color bears on him8 ,,mr4 ,,hill4 ,i answer the ,senator4 ,i have been excluded from ladies' cars on railroads4 ,i do not know on what account precisely2 ,i do not know whether it was on account of my color2 but ,i think it more likely that it was on account of my sex4 ,laughter4 ,,mr4 ,,sumner4 ,but the ,senator1 as ,i understand1 insists that it is proper on account of color4 ,that is his conclusion4 ,,mr4 ,,hill4 ,no2 ,i insist that it is no denial of a right1 provided all the comfort and security be furnished to passengers alike4 ,,mr4 ,,sumner4 ,the ,senator does not seem to see that any rule excluding a man on account of color is an indignity1 an insult1 and a wrong2 and he makes himself on this floor the representative of indignity1 of insult1 and of wrong to the colored race4 ,why1 ,sir1 his ,state has a large colored population1 and he denies their rights4 ,,mr4 ,,hill4 ,if the ,senator will allow me1 ,i will say to him that it will take him and others1 if there should be any others who so believe1 a good while to convince the colored people of the ,state of ,georgia1 who know me1 that ,i would deprive them of any right to which they are entitled1 though it were only technical2 but in matters of pure taste ,i cannot get away from the idea that ,i do them no injustice1 if ,i separate them on some occasions from the other race4''' ,,mr4 ,,sumner4 ,the ,senator makes a mistake which has been made for a generation in this ,chamber1 confounding what belongs to society with what belongs to rights4 ,there is no question of society4 ,the ,senator may choose his associates as he pleases4 ,they may be white or black1 or between the two4 ,that is simply a social question1 and nobody would interfere with it4 ,the taste which the ,senator announces he will have free liberty to exercise1 selecting always his companions2 but when it comes to rights1 there the ,senator must obey the law1 and ,i insist that by the law of the land all persons without distinction of color shall be equal in rights4 ,show me1 therefore1 a legal institution1 anything created or regulated by law1 and ,i show you what must be opened equally to all without distinction of color4 ,notoriously1 the hotel is a legal institution1 originally established by the ,common ,law1 subject to minute provisions and regulations2 notoriously1 public conveyances are common carriers subject to a law of their own2 notoriously1 schools are public institutions created and maintained by law2 and now ,i simply insist that in the enjoyment of these institutions there shall be no exclusion on account of color4 ''' ,,mr4 ,,hill4 ,i must confess1 ,sir1 that ,i cannot see the magnitude of this subject4 ,i object to this great ,government descending to the business of regulating the hotels and the common taverns of this country1 and the street railroads1 stage-coaches1 and everything of that sort4 ,it looks to me to be a petty business4''' ,,mr4 ,,sumner4 ,i would not have my country descend1 but ascend4 ,it must rise to the heights of the ,declaration of ,independence4 ,then and there did we pledge ourselves to the great truth that all men are equal in rights4 ,and now a ,senator from ,georgia rises on this floor and denies it4 ,he denies it by a subtilty4 ,while pretending to admit it1 he would overthrow it4 ,he would adopt a substitute for equality4 ''' ,,mr4 ,,hill4 ,with the permission of the ,senator1 ,i will ask him if this proposition does not involve on the part of this ,government an inhibition upon railroad companies of first1 second1 and third class cars8 ,,mr4 ,,sumner4 ,not at all4 ,that is simply a matter of price4 ,my bill is an inhibition upon inequality founded upon color4 ,i had thought that all those inequalities were buried under the tree at ,appomattox1 but the ,senator digs them up and brings them into this ,chamber4 ,there never can be an end to this discussion until all men are assured in equal rights4''' ,,mr4 ,,hill4 ''' ,i do not know1 that1 among the guests that the ,senator entertains of the colored race1 he is visited so often by the humble as ,i myself am4 ,i think those who call upon him are gentlemen of title and of some distinction2 they may be ,lieutenant-,governors1 members of the two ,houses here1 members of ,state ,legislatures1 c4 ,my associations have been more with the lower strata of the colored people than with the upper4 ,,mr4 ,,sumner4 ,mr4 ,president1 there is no personal question between the ,senator and myself-- ,,mr4 ,,hill4 ,none whatever4 ,,mr4 ,,sumner4 ,he proclaims his relations with the colored race4 ,i say nothing of mine2 ,i leave that to others4 ,but the ,senator still insists upon his dogma of inequality4 ,senators have heard him again and again1 how he comes round by a vicious circle to the same point1 that an equivalent is equality2 and when ,i mention the case of ,governor ,dunn travelling from ,new ,orleans to ,washington on public business1 ,i understand the ,senator to say that on the cars he should enjoy a different treatment from the ,governor4 ,,mr4 ,,hill4 ,no1 ,sir2 ,i have distinctly disclaimed that4 ,when he pays his money1 he is entitled to as much comfort and as much convenience as ,i am4 ,,mr4 ,,sumner4 ,let me ask the ,senator whether in this world personal respect is not an element of comfort4 ,if a person is treated with indignity1 can he be comfortable8 ,,mr4 ,,hill4 ,i will answer the ,senator1 that no one can condemn more strongly than ,i do any indignity visited upon a person merely because of color4 ,,mr4 ,,sumner4 ,but when you exclude persons from the comforts of travel simply on account of color1 do you not offer them an indignity8 ,,mr4 ,,hill4 ,i say it is the fault of the railroad companies1 if they do not provide comforts for all their passengers1 and make them equal where they pay equal fare4 ,,mr4 ,,sumner4 ,the ,senator says it is the fault of the railroad company4 ,i propose to make it impossible for the railroad company to offer an indignity to a colored man more than to the ,senator from ,georgia4 ,,mr4 ,,hill4 ,right there the ,senator and ,i divide upon this question4''' ,i confess to having a little penchant for the white race2 and if ,i were going on a long journey1 and desired a companion1 ,i should prefer to select him from my own race4 ,,mr4 ,,sumner4 ,the ,senator comes round again to his taste4 ,it is not according to his taste2 and therefore he offers an indignity to the colored man4 ,,mr4 ,,hill4 ,no1 ,sir4 ,,mr4 ,,sumner4 ,it is not according to his taste2 that is all4 ,how often shall ,i say that this is no question of taste1--it is no question of society1--it is a stern1 austere1 hard question of rights8 ,and that is the way that ,i present it to the ,senate4 ''' ,in old days1 when ,slavery was arraigned1 the constant inquiry of those who represented this wrong was1 8,are you willing to associate with colored persons8 ,will you take these slaves1 as equals1 into your families80 ,sir1 was there ever a more illogical inquiry8 ,what has that to do with the question8 ,a claim of rights cannot be encountered by any social point4 ,i may have whom ,i please as friend1 acquaintance1 associate1 and so may the ,senator2 but ,i cannot deny any human being1 the humblest1 any right of equality4 ,he must be equal with me before the law1 or the promises of the ,declaration of ,independence are not yet fulfilled4 ,and now1 ,sir1 ,i pledge myself1 so long as strength remains in me1 to press this question to a successful end4 ,i will not see the colored race of this ,republic treated with indignity on the grounds assigned by the ,senator4 ,i am their defender4 ,the ,senator may deride me1 and may represent me as giving too much time to what he calls a very small question4 ,sir1 no question of human rights is small4 ,every question by which the equal rights of all are affected is transcendent4 ,it cannot be magnified4 ,but here are the rights of a whole people1 not merely the rights of an individual1 of two or three or four1 but the rights of a race1 recognized as citizens1 voting1 helping to place the ,senator here in this ,chamber1 and he turns upon them and denies them4 ,,mr4 ,,hill4 ,the ,senator is not aware of one fact1 ''' that every colored member of the ,legislature of my ,state1 even though some of them had made voluntary pledges to me1 voted against my election to this body4 ,i was not sent here receiving a single vote from that class of men in the ,legislature4 ,,mr4 ,,sumner4 ,i am afraid that they understood the ,senator4 ,laughter4 ,,mr4 ,,hill4 ,that may be1 ,sir4 ,i would not be surprised1 if they had some distrust4 ,laughter4 ,,mr4 ,,sumner4 ,and now1 ,mr4 ,president1 that we may understand precisely where we are1 that the ,senate need not be confused by the question of taste or the question of society presented by the ,senator from ,georgia1 ,i desire to have my amendment read4 ,the ,supplementary ,civil ,rights ,bill was then read at length1 as follows3-- ,,sec4--,that all citizens of the ,united ,states1 without distinction of race1 color1 or previous condition of servitude1 are entitled to the equal and impartial enjoyment of any accommodation1 advantage1 facility1 or privilege furnished by common carriers1 whether on land or water2 by innkeepers2 by licensed owners1 managers1 or lessees of theatres or other places of public amusement2 by trustees1 commissioners1 superintendents1 teachers1 or other officers of common schools and other public institutions of learning1 the same being supported or authorized by law2 by trustees or officers of church organizations1 cemetery associations1 and benevolent institutions incorporated by ,national or ,state authority3 and this right shall not be denied or abridged on any pretence of race1 color1 or previous condition of servitude4 ,,sec4--,that any person violating the foregoing provision1 or aiding in its violation1 or inciting thereto1 shall for every such offence forfeit and pay the sum of #ejj to the person aggrieved thereby1 to be recovered in an action on the case1 with full costs and such allowance for counsel fees as the court shall deem just1 and shall also for every such offence be deemed guilty of a misdemeanor1 and upon conviction thereof shall be fined not less than #ejj nor more than #a1jjj1 and shall be imprisoned not less than thirty days nor more than one year2 and any corporation1 association1 or individual holding a charter or license under ,national or ,state authority1 violating the aforesaid provision1 shall1 upon conviction thereof1 forfeit such charter or license2 and any person assuming to use or continuing to act under such charter or license thus forfeited1 or aiding in the same1 or inciting thereto1 shall1 upon conviction thereof1 be deemed guilty of a misdemeanor1 and shall be fined not less than #a1jjj nor more than #e1jjj1 and shall be imprisoned not less than three nor more than seven years2 and both the corporate and joint property of such corporation or association1 and the private property of the several individuals composing the same1 shall be held liable for the forfeitures1 fines1 and penalties incurred by any violation of the ---- section of this ,act4 ,,sec4--,that the same jurisdiction and powers are hereby conferred and the same duties enjoined upon the courts and officers of the ,united ,states1 in the execution of this ,act1 as are conferred and enjoined upon such courts and officers in sections three1 four1 five1 seven1 and ten of an ,act entitled 8,an ,act to protect all persons in the ,united ,states in their civil rights1 and furnish the means of their vindication10 passed ,april #i1 #ahff1 and these sections are hereby made a part of this ,act2 and any of the aforesaid officers failing to institute and prosecute such proceedings herein required shall for every such offence forfeit and pay the sum of #ejj to the person aggrieved thereby1 to be recovered by an action on the case1 with full costs and such allowance for counsel fees as the court shall deem just1 and shall on conviction thereof be deemed guilty of a misdemeanor1 and be fined not less than #a1jjj nor more than #e1jjj4 ,,sec4--,that no person shall be disqualified for service as juror in any court1 ,national or ,state1 by reason of race1 color1 or previous condition of servitude3 ,provided1 ,that such person possesses all other qualifications which are by law prescribed2 and any officer or other persons charged with any duty in the selection or summoning of jurors1 who shall exclude or fail to summon any person for the reason above named1 shall1 on conviction thereof1 be deemed guilty of a misdemeanor1 and be fined not less than #a1jjj nor more than #e1jjj4 ,,sec4--,that every law1 statute1 ordinance1 regulation1 or custom1 whether ,national or ,state1 inconsistent with this ,act1 or making any discriminations against any person on account of color1 by the use of the word 8white10 is hereby repealed and annulled4 ,,sec4--,that it shall be the duty of the judges of the several courts upon which jurisdiction is hereby conferred to give this ,act in charge to the grand jury of their respective courts at the commencement of each term thereof4 ,objection was at once raised to the admission of any amendment whatever1 as imperilling the pending bill1--,mr4 ,alcorn1 of ,mississippi1 while pressing this1 objected further1 urging the hazard to the measure embraced in the proposed amendment from attachment to a bill requiring for its passage a two-thirds' vote instead of the usual simple majority4 99 99 99 99 99 ,december #bast1 ,mr4 ,thurman1 of ,ohio1 objected to the amendment of ,mr4 ,sumner1 on the ground suggested by ,mr4 ,alcorn1--raising the point of order1 that1 8being a measure which1 if it stood by itself1 could be passed by a majority vote of the ,senate1 it cannot be offered as an amendment to a bill that requires two-thirds of the ,senate40 ,the objection being overruled1 and ,mr4 ,thurman appealing from the decision of the ,chair1 a debate ensued on the question of order1--,mr4 ,thurman1 ,mr4 ,bayard of ,delaware1 ,mr4 ,trumbull of ,illinois1 ,mr4 ,davis of ,kentucky1 and ,mr4 ,sawyer of ,south ,carolina sustaining the objection1 and ,mr4 ,conkling of ,new ,york1 ,mr4 ,carpenter of ,wisconsin1 ,mr4 ,edmunds of ,vermont1 and ,mr4 ,sumner opposing it4 ,in the course of his speech ,mr4 ,sumner remarked3-- ,does not the ,act before us in its body propose a measure of reconciliation8 ,clemency and amnesty it proposes2 and these1 in my judgment1 constitute a measure of reconciliation4 ,and now ,i add justice to the colored race4 ,is not that germane8 ,do not the two go together8 ,are they not naturally associated8 ,sir1 can they be separated8 ,instead of raising a question of order1 ,i think the friends of amnesty would be much better employed if they devoted their strength to secure the passage of my amendment4 ,who that is truly in favor of amnesty will vote against this measure of reconciliation8 ,sir1 most anxiously do ,i seek reconciliation2 but ,i know too much of history1 too much of my own country1 and ,i remember too well the fires over which we have walked in these latter days1 not to know that reconciliation is impossible except on the recognition of ,equal ,rights4 ,vain is the effort of the ,senator from ,mississippi ,mr4 ,,alcorn2 he cannot succeed2 he must fail1 and he ought to fail4 ,it is not enough to be generous2 he must learn to be just4 ,it is not enough to stand by those who have fought against us2 he must also stand by those who for generations have borne the ban of wrong4 ,i listened with sadness to the ,senator2 he spoke earnestly and sincerely1--but1 to my mind1 it is much to be regretted1 that1 coming into this ,chamber the representative of colored men1 he should turn against them4 ,i know that he will say1 8,pass the ,amnesty ,bill first1 and then take care of the other40 ,i say1 ,better pass the two together2 or if either is lost1 let it be the first4 ,justice in this world is foremost4 ,the ,senator thinks that the cause of the colored race is hazarded because my amendment is moved on the ,act for ,amnesty4 ,in my judgment1 it is advanced4 ,he says that the ,act of ,amnesty can pass only by a two-thirds vote4 ,well1 ,sir1 ,i insist that every one of that two-thirds should record his name for my measure of reconciliation4 ,if he does not1 he is inconsistent with himself4 ,how1 ,sir1 will an ,act of ,amnesty be received when accompanied with denial of justice to the colored race8 ,with what countenance can it be presented to this country8 ,how will it look to the civilized world8 ,sad page6 ,the ,recording ,angel will have tears1 but not enough to blot it out4 ,the decision of the ,chair was sustained by the vote of the ,senate1--,yeas #bh1 ,nays #bf1--;and the amendment was declared in order4 ,on the question of its adoption it was lost1--,yeas #bi1 ,nays #cj4 ,later in the day1 the ,amnesty ,bill having been reported to the ,senate1 ,mr4 ,sumner renewed his amendment4 ,in the debate that ensued he declared his desire to vote for amnesty2 but he insisted that this measure did not deserve success1 unless with it was justice to the colored race4 ,in reply to ,mr4 ,thurman1 he urged that all regulations of public institutions should be in conformity with the ,declaration of ,independence4 8,the ,senator may smile1 but ,i commend that to his thoughts during our vacation4 ,let him consider the binding character of the ,declaration in its fundamental principles4 ,the ,senator does not believe it4 ,there are others who do1 and my bill is simply a practical application of it40 ,without taking any vote the ,senate adjourned for the holiday recess1 leaving the ,amnesty ,bill and the pending amendment as unfinished business4 99 99 99 99 99 ,january #ae1 #ahgb1 the subject was resumed1 when ,mr4 ,sumner made the following speech4 ,,speech4 ,,mr4 ,,president1--,in opening this question1 one of the greatest ever presented to the ,senate1 ,i have had but one hesitation1 and that was merely with regard to the order of treatment4 ,there is a mass of important testimony from all parts of the country1 from ,massachusetts as well as ,georgia1 showing the absolute necessity of ,congressional legislation for the protection of ,equal ,rights1 which ,i think ought to be laid before the ,senate4 ,it was my purpose to begin with this testimony2 but ,i have changed my mind1 and shall devote the day to a statement of the question1 relying upon the indulgence of the ,senate for another opportunity to introduce the evidence4 ,i ask that the pending amendment be read4 ,the ,chief ,clerk read the amendment1 which was to append to the ,amnesty ,bill1 as additional sections1 the ,supplementary ,civil ,rights ,bill4 ,mr4 ,sumner resumed3-- ,,mr4 ,,president1 ,slavery1 in its foremost pretensions1 reappears in the present debate4 ,again the barbarous tyranny stalks into this ,chamber1 denying to a whole race the ,equal ,rights promised by a just citizenship4 ,some have thought ,slavery dead4 ,this is a mistake4 ,if not in body1 at least in spirit1 or as a ghost making the country hideous1 the ancient criminal yet lingers among us1 insisting upon the continued degradation of a race4 ,property in man has ceased to exist4 ,the human auction-block has departed4 ,no human being can call himself master1 with impious power to separate husband and wife1 to sell child from parent1 to shut out the opportunities of religion1 to close the gates of knowledge1 and to rob another of his labor and all its fruits4 ,these guilty prerogatives are ended4 ,to this extent the slave is free4 ,no longer a chattel1 he is a man1--justly entitled to all that is accorded by law to any other man4 ,such is the irresistible logic of his emancipation4 ,ceasing to be a slave1 he became a man1 whose foremost right is ,equality of ,rights4 ,and yet ,slavery has been strong enough to postpone his entry into the great possession4 ,cruelly1 he was not permitted to testify in court2 most unjustly1 he was not allowed to vote4 ,more than four millions of people1 whose only offence was a skin once the badge of ,slavery1 were shut out from the court-room1 and also from the ballot-box1 in open defiance of the great ,declaration of our fathers1 that all men are equal in rights1 and that just government stands only on the consent of the governed4 ,such was the impudent behest of ,slavery1 prolonged after it was reported dead4 ,at last these crying wrongs are overturned4 ,the slave testifies2 the slave votes4 ,to this extent his equality is recognized4 ,,equality ,,before ,,the ,,law4 ,but this is not enough4 ,much as it may seem1 compared with the past1 when all was denied1 it is too little1 because all is not yet recognized4 ,the denial of any right is a wrong darkening the enjoyment of all the rest4 ,besides the right to testify and the right to vote1 there are other rights without which ,equality does not exist4 ,the precise rule is ,equality before the ,law1 nor more nor less2 that is1 that condition before the law in which all are alike1--being entitled1 without discrimination1 to the equal enjoyment of all institutions1 privileges1 advantages1 and conveniences created or regulated by law1 among which are the right to testify and the right to vote4 ,but this plain requirement is not satisfied1 logically or reasonably1 by these two concessions1 so that when they are recognized all others are trifles4 ,the court-house and the ballot-box are not the only places for the rule4 ,these two are not the only institutions for its operation4 ,the rule is general2 how1 then1 restrict it to two cases8 ,it is1 ,all are equal before the law1--not merely before the law in two cases1 but before the law in all cases1 without limitation or exception4 ,important as it is to testify and to vote1 life is not all contained even in these possessions4 ,the new-made citizen is called to travel for business1 for health1 or for pleasure2 but here his trials begin4 ,his money1 whether gold or paper1 is the same as the white man's2 but the doors of the public hotel1 which from the earliest days of jurisprudence have always opened hospitably to the stranger1 close against him1 and the public conveyances1 which the ,common ,law declares equally free to all alike1 have no such freedom for him4 ,he longs1 perhaps1 for respite and relaxation at some place of public amusement1 duly licensed by law2 and here also the same adverse discrimination is made4 ,with the anxieties of a parent1 seeking the welfare of his child1 he strives to bestow upon him the inestimable blessings of education1 and takes him affectionately to the common school1 created by law1 and supported by the taxation to which he has contributed2 but these doors slam rudely in the face of the child where is garnered up the parent's heart4 8,suffer little children1 and forbid them not1 to come unto me03 such were the words of the ,divine ,master4 ,but among us little children are turned away and forbidden at the door of the common school1 because of the skin4 ,and the same insulting ostracism shows itself in other institutions of science and learning1 also in the church1 and in the last resting-place on earth4 ,two instances occur1 which have been mentioned already on this floor2 but their eminence in illustration of an unquestionable grievance justifies the repetition4 ,,case ,,of ,,frederick ,,douglass4 ,one is the well-known case of ,frederick ,douglass1 who1 returning home after earnest service of weeks as ,secretary of the ,commission to report on the people of ,san ,domingo and the expediency of incorporating them with the ,united ,states1 was rudely excluded from the table1 where his brother commissioners were already seated1 on board the mail-steamer of the ,potomac1 just before reaching the ,president1 whose commission he bore4 ,this case1 if not aggravated1 is made conspicuous by peculiar circumstances4 ,mr4 ,douglass is a gentleman of unquestioned ability and character1 remarkable as an orator1 refined in manners1 and personally agreeable4 ,he was returning1 charged with the mission of bringing under our institutions a considerable population of colored foreigners1 whose prospective treatment among us was foreshadowed on board that mail-steamer4 ,the ,dominican ,baez could not expect more than our fellow-citizen4 ,and yet1 with this mission1 and with the personal recommendation he so justly enjoys1 this returning ,secretary could not be saved from outrage even in sight of the ,executive ,mansion4 ,,case ,,of ,,lieutenant-,,governor ,,dunn4 ,there also was ,oscar ,james ,dunn1 late ,lieutenant-,governor of ,louisiana4 ,it was my privilege to open the door of the ,senate ,chamber and introduce him upon this floor4 ,then1 in reply to my inquiry1 he recounted the hardships to which he had been exposed in the long journey from ,louisiana1--especially how he was denied the ordinary accommodations for comfort and repose supplied to those of another skin4 ,this denial is memorable1 not only from the rank1 but the character of the victim4 ,of blameless life1 he was an example of integrity4 ,he was poor1 but could not be bought or bribed4 ,duty with him was more than riches4 ,a fortune was offered for his signature2 but he spurned the temptation4 ,and yet this model character1 high in the confidence of his fellow-citizens1 and in the full enjoyment of political power1 was doomed to suffer the blasting influence which still finds support in this ,chamber4 ,he is dead at last1 and buried with official pomp4 ,the people1 counted by tens of thousands1 thronged the streets while his obsequies proceeded4 ,an odious discrimination was for the time suspended4 ,in life rejected by the conductor of a railway because of his skin1 he was borne to his last resting-place with all the honors an afflicted community could bestow4 ,only in his coffin was the ban of color lifted1 and the dead statesman admitted to that equality which is the right of all4 ,,requirement ,,of ,,republican ,,institutions4 ,these are marked instances2 but they are types4 ,if ,frederick ,douglass and ,oscar ,james ,dunn could be made to suffer1 how much must others be called to endure6 ,all alike1 the feeble1 the invalid1 the educated1 the refined1 women as well as men1 are shut out from the ordinary privileges of the steamboat or rail-car1 and driven into a vulgar sty with smokers and rude persons1 where the conversation is as offensive as the scene1 and then again at the roadside inn are denied that shelter and nourishment without which travel is impossible4 ,do you doubt this constant1 wide-spread outrage1 extending in uncounted ramifications throughout the whole land8 ,with sorrow be it said1 it reaches everywhere1 even into ,massachusetts4 ,not a ,state which does not need the benign correction4 ,the evidence is on your table in numerous petitions4 ,and there is other evidence1 already presented by me1 showing how individuals have suffered from this plain denial of equal rights4 ,who that has a heart can listen to the story without indignation and shame8 ,who with a spark of justice to illumine his soul can hesitate to denounce the wrong8 ,who that rejoices in republican institutions will not help to overthrow the tyranny by which they are degraded8 ,i do not use too strong language1 when ,i expose this tyranny as a degradation to republican institutions1--ay1 ,sir1 in their fundamental principle4 ,why is the ,declaration of ,independence our ,magna ,charta8 ,not because it declares separation from a distant kingly power2 but because it announces the lofty truth that all are equal in rights1 and1 as a natural consequence1 that just government stands only on the consent of the governed1--all of which is held to be self-evident4 ,such is the soul of republican institutions1 without which the ,republic is a failure1 a name and nothing more4 ,call it a ,republic1 if you will1 but it is in reality a soulless mockery4 ,equality in rights is not only the first of rights1 it is an axiom of political truth4 ,but an axiom1 whether of science or philosophy1 is universal1 and without exception or limitation2 and this is according to the very law of its nature4 ,therefore it is not stating an axiom to announce grandly that only white men are equal in rights2 nor is it stating an axiom to announce with the same grandeur that all persons are equal in rights1 but that colored persons have no rights except to testify and vote4 ,nor is it a self-evident truth1 as declared2 for no truth is self-evident which is not universal4 ,the asserted limitation destroys the original ,declaration1 making it a ridiculous sham1 instead of that sublime ,magna ,charta before which kings1 nobles1 and all inequalities of birth must disappear as ghosts of night at the dawn4 ,,real ,,issue ,,of ,,the ,,war4 ,all this has additional force1 when it is known that this very axiom or self-evident truth declared by our fathers was the real issue of the war1 and was so publicly announced by the leaders on both sides4 ,behind the embattled armies were ideas1 and the idea on our side was ,equality in ,rights1 which on the other side was denied4 ,the ,nation insisted that all men are created equal2 the ,rebellion insisted that all men are created unequal4 ,here the evidence is explicit4 ,the inequality of men was an original postulate of ,mr4 ,calhoun1#agd which found final expression in the open denunciation of the self-evident truth as 8a self-evident lie40#age ,echoing this denunciation1 ,jefferson ,davis1 on leaving the ,senate1 ,january #ba1 #ahfa1 in that farewell speech which some among you heard1 but which all may read in the 8,globe10 made the issue in these words3-- 8,it has been a belief that we are to be deprived in the ,union of the rights which our fathers bequeathed to us1 which has brought ,mississippi into her present decision4 ,she has heard proclaimed the theory that all men are created free and equal1 and this made the basis of an attack upon her social institutions2 and the sacred ,declaration of ,independence has been invoked to maintain the position of the equality of the races40#agf ,the issue thus made by the chief ,rebel was promptly joined4 ,abraham ,lincoln1 the elected ,president1 stopping at ,independence ,hall1 ,february #bb;d1 on his way to assume his duties at the ,national capital1 in unpremeditated words thus interpreted the ,declaration3-- 8,it was that which gave promise that in due time the weight should be lifted from the shoulders of all men1 and that all should have an equal chance40 ,mark1 if you please1 the simplicity of this utterance4 ,all are to have 8an equal chance02 and this1 he said1 8is the sentiment embodied in the ,declaration of ,independence40 ,then1 in reply to ,jefferson ,davis1 he proceeded3-- 8,now1 my friends1 can this country be saved upon that basis8 ,if it can1 ,i shall consider myself one of the happiest men in the world1 if ,i can help to save it4 ,if it cannot be saved upon that principle1 it will be truly awful4 ,but if this country cannot be saved without giving up that principle1 ,i was about to say ,i would rather be assassinated on this spot than surrender it40 ,giving these words still further solemnity1 he added3 8,i have said nothing but what ,i am willing to live by1 and1 if it be the pleasure of ,almighty ,god1 to die by40 ,and then1 before raising the national banner over the historic ,hall1 he said3-- 8,it is on such an occasion as this that we can reason together1 and reaffirm our devotion to the country and the principles of the ,declaration of ,independence40#agg ,thus the gauntlet flung down by ,jefferson ,davis was taken up by ,abraham ,lincoln1 who never forgot the issue4 ,the rejoinder was made by ,alexander ,h4 ,stephens1 ,vice-,president of the ,rebellion1 in a not-to-be forgotten speech at ,savannah1 ,march #ba1 #ahfa1 when he did not hesitate to declare of the pretended ,government1 that-- 8,its foundations are laid1 its corner-stone rests1 upon the great truth that the ,negro is not equal to the white man40 ,then1 glorying in this terrible shame1 he added3-- 8,this1 our new ,government1 is the first1 in the history of the world1 based upon this great physical1 philosophical1 and moral truth40 8,this stone1 which was rejected by the first builders1 is become the chief stone of the corner40#agh ,to this unblushing avowal ,abraham ,lincoln replied in that marvellous1 undying utterance at ,gettysburg1--fit voice for the ,republic1 greater far than any victory3 8,fourscore and seven years ago our fathers brought forth on this continent a new ,nation1 conceived in ,liberty1 and dedicated to the proposition that all men are created equal40 ,thus1 in precise conformity with the ,declaration1 was it announced that our ,republic is dedicated to the ,equal ,rights of ,all2 and then the prophet-,president1 soon to be a martyr1 asked his countrymen to dedicate themselves to the great task remaining1 highly resolving 8that this ,nation1 under ,god1 shall have a new birth of ,freedom2 and that ,government of the people1 by the people1 and for the people shall not perish from the earth40#agi ,the victory of the war is vain without the grander victory through which the ,republic is dedicated to the axiomatic1 self-evident truth declared by our fathers1 and reasserted by ,abraham ,lincoln4 ,with this mighty truth as a guiding principle1 the ,national ,constitution is elevated1 and made more than ever a protection to the citizen4 ,all this is so plain that it is difficult to argue it4 ,what is the ,republic1 if it fails in this loyalty8 ,what is the ,national ,government1 coextensive with the ,republic1 if fellow-citizens1 counted by the million1 can be shut out from equal rights in travel1 in recreation1 in education1 and in other things1 all contributing to human necessities8 ,where is that great promise by which 8the pursuit of happiness0 is placed1 with life and liberty1 under the safeguard of axiomatic1 self-evident truth8 ,where is justice1 if this ban of color is not promptly removed8 ,where is humanity8 ,where is reason8 ,,two ,,excuses4 ,the two excuses show how irrational and utterly groundless is this pretension4 ,they are on a par with the pretension itself4 ,one is1 that the question is of society1 and not of rights1 which is clearly a misrepresentation2 and the other is1 that the separate arrangements provided for colored persons constitute a substitute for equality in the nature of an equivalent1--all of which is clearly a contrivance1 if not a trick3 as if there could be any equivalent for equality4 ,,no ,,question ,,of ,,society4 ,of the first excuse it is difficult to speak with patience4 ,it is a simple misrepresentation1 and wherever it shows itself must be treated as such4 ,there is no colored person who does not resent the imputation that he is seeking to intrude himself socially anywhere4 ,this is no question of society1 no question of social life1 no question of social equality1 if anybody knows what this means4 ,the object is simply ,equality before the ,law1 a term which explains itself4 ,now1 as the law does not presume to create or regulate social relations1 these are in no respect affected by the pending measure4 ,each person1 whether ,senator or citizen1 is always free to choose who shall be his friend1 his associate1 his guest4 ,and does not the ancient proverb declare that 8a man is known by the company he keeps08 ,but this assumes that he may choose for himself4 ,his house is his 8castle02 and this very designation1 borrowed from the ,common ,law1 shows his absolute independence within its walls2 nor is there any difference1 whether it be palace or hovel4 ,but when he leaves his 8castle0 and goes abroad1 this independence is at an end4 ,he walks the streets1 but always subject to the prevailing law of ,equality2 nor can he appropriate the sidewalk to his own exclusive use1 driving into the gutter all whose skin is less white than his own4 ,but nobody pretends that ,equality in the highway1 whether on pavement or sidewalk1 is a question of society4 ,and permit me to say that ,equality in all institutions created or regulated by law is as little a question of society4 ,in the days of ,slavery it was an oft-repeated charge1 that ,emancipation was a measure of social equality2 and the same charge became a cry at the successive efforts for the right to testify and the right to vote4 ,at each stage the cry was raised1 and now it makes itself heard again1 as you are called to assure this crowning safeguard4 ,,equality ,,not ,,found ,,in ,,equivalents4 ,then comes the other excuse1 which finds ,equality in separation4 ,separate hotels1 separate conveyances1 separate theatres1 separate schools and institutions of learning and science1 separate churches1 and separate cemeteries1--these are the artificial substitutes4 ,and this is the contrivance by which a transcendent right1 involving a transcendent duty1 is evaded3 for ,equality is not only a right1 but a duty4 ,how vain to argue that there is no denial of ,equal ,rights when this separation is enforced6 ,the substitute is invariably an inferior article4 ,does any ,senator deny it8 ,therefore1 it is not ,equality2 at best it is an equivalent only4 ,but no equivalent is ,equality4 ,separation implies one thing for a white person and another thing for a colored person2 but ,equality is where all have the same alike4 ,there can be no substitute for ,equality1--nothing but itself4 ,even if accommodations are the same1 as notoriously they are not1 there is no ,equality4 ,in the process of substitution the vital elixir exhales and escapes3 it is lost1 and cannot be recovered2 for ,equality is found only in ,equality4 8,nought but itself can be its parallel02 but ,senators undertake to find parallels in other things4 ,as well make weight in silver the equivalent for weight in diamonds1 according to the illustration of ,selden in his famous 8,table-,talk40 8,if10 remarked the learned interlocutor1 8,i said ,i owed you twenty pounds in silver1 and you said ,i owed you twenty pounds of diamonds1 which is a sum innumerable1 'tis impossible we should ever agree40#ahj ,but ,equality is weight in diamonds1 and a sum innumerable1--which is very different from weight in silver4 ,assuming--what is most absurd to assume1 and what is contradicted by all experience--that a substitute can be an equivalent1 it is so in form only1 and not in reality4 ,every such assumption is an indignity to the colored race1 instinct with the spirit of ,slavery2 and this decides its character4 ,it is ,slavery in its last appearance4 ,are you ready to prolong the hateful tyranny8 ,religion and reason condemn ,caste as impious and unchristian1 making republican institutions and equal laws impossible2 but here is ,caste not unlike that which separates the ,sudra from the ,brahmin4 ,pray1 ,sir1 who constitutes the white man a ,brahmin8 ,whence his lordly title8 ,down to a recent period in ,europe the ,jews were driven to herd by themselves1 separate from the ,christians2 but this discarded barbarism is revived among us in the ban of color4 ,there are millions of fellow-citizens guilty of no offence except the dusky livery of the sun appointed by the ,heavenly ,father1 whom you treat as others have treated the ,jews1 as the ,brahmin treats the ,sudra4 ,but1 pray1 ,sir1 do not pretend that this is the great equality promised by our fathers4 ,in arraigning this attempt at separation as a ,caste1 ,i say nothing new4 ,for years ,i have denounced it as such2 and here ,i followed good authorities1 as well as reason4 ,alexander von ,humboldt1 speaking of the negroes of ,new ,mexico when ,slavery prevailed1 called them a ,caste4#aha ,a recent political and juridical writer of ,france uses the same term to denote not only the discrimination in ,india1 but that in our own country1--especially referring to the exclusion of colored children from the common schools as among 8the humiliating and brutal distinctions0 by which their ,caste is characterized4#ahb ,the principle of separation on the ground of hereditary inferiority is the distinctive essence of ,caste2 but this is the outrage which flaunts in our country1 crying out1 8,i am better than thou1 because ,i am white4 ,get away60 ,,the ,,remedy4 ,thus do ,i reject the two excuses4 ,but ,i do not leave the cause here4 ,i go further1 and show how consistent is the pending measure with acknowledged principles1 illustrated by undoubted law4 ,the bill for ,equal ,rights is simply supplementary to the existing ,civil ,rights ,law1 which is one of our great statutes of peace1 and it stands on the same requirements of the ,national ,constitution4 ,if the ,civil ,rights ,law is above question1 as cannot be doubted1 then also is this supplementary amendment2 for it is only the complement of the other1 and necessary to its completion4 ,without this amendment the original law is imperfect4 ,it cannot be said1 according to its title1 that all persons are protected in their civil rights1 so long as the outrages ,i expose continue to exist2 nor is ,slavery entirely dead4 ,following reason and authority1 the conclusion is easy4 ,a ,law ,dictionary1 of constant use as a repertory of established rules and principles1 defines a 8freeman0 as 8one in the possession of the civil rights enjoyed by the people generally40#ahc ,happily1 all are freemen now2 but the colored people are still excluded from civil rights enjoyed by the people generally1--and this1 too1 in the face of our new ,bill of ,rights intended for their especial protection4 ,by the ,constitutional ,amendment abolishing ,slavery ,congress is empowered 8to enforce this article by appropriate legislation02 and in pursuance thereof the ,civil ,rights ,law was enacted4 ,that measure was justly accepted as 8appropriate legislation40 ,without it ,slavery would still exist in at least one of its most odious pretensions4 ,by the ,civil ,rights ,law colored persons were assured in the right to testify1 which in most of the ,states was denied or abridged4 ,so closely was this outrage connected with ,slavery1 that it was1 indeed1 part of this great wrong4 ,therefore its prohibition was 8appropriate legislation0 in the enforcement of the ,constitutional ,amendment4 ,but the denial or abridgment of ,equality on account of color is also part of ,slavery4 ,so long as it exists1 ,slavery is still present among us4 ,its prohibition is not only 8appropriate10 but necessary1 to enforce the ,constitutional ,amendment4 ,therefore is it strictly ,constitutional1 as if in the very text of the ,national ,constitution4 ,the next ,constitutional ,amendment1 known as the ,fourteenth1 contains two different provisions1 which augment the power of ,congress4 ,the first furnishes the definition of 8citizen10 which down to this time had been left to construction only3-- 8,all persons born or naturalized in the ,united ,states1 and subject to the jurisdiction thereof1 are citizens of the ,united ,states1 and of the ,states wherever they reside40 ,here1 you will remark1 are no words of race or color4 8,all persons10 and not 8all white persons10 born or naturalized in the ,united ,states1 and subject to the jurisdiction thereof1 are 8citizens40 ,such is the definition supplied by this ,amendment4 ,this is followed by another provision in aid of the definition3-- 8,no ,state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall any ,state deprive any person of life1 liberty1 or property without due process of law1 nor deny to any person within its jurisdiction the equal protection of the laws40 ,and ,congress is empowered to enforce this definition of ,citizenship and this guaranty1 by 8appropriate legislation40 ,here1 then1 are two ,constitutional ,amendments1 each a fountain of power3 the first1 to enforce the ,abolition of ,slavery2 and the second1 to assure the privileges and immunities of citizens1 and also the equal protection of the laws4 ,if the ,supplementary ,civil ,rights ,bill1 moved by me1 is not within these accumulated powers1 ,i am at a loss to know what is within those powers4 ,in considering these ,constitutional provisions1 ,i insist upon that interpretation which shall give them the most generous expansion1 so that they shall be truly efficacious for human rights4 ,once ,slavery was the animating principle in determining the meaning of the ,national ,constitution3 happily1 it is so no longer4 ,another principle is now supreme1 breathing into the whole the breath of a new life1 and filling it in every part with one pervading1 controlling sentiment1--being that great principle of ,equality which triumphed at last on the battle-field1 and1 bearing the watchword of the ,republic1 now supplies the rule by which every word of the ,constitution and all its parts must be interpreted1 as much as if written in its text4 ,there is also an original provision of the ,national ,constitution1 not to be forgotten3-- 8,the citizens of each ,state shall be entitled to all privileges and immunities of citizens in the several ,states40 ,once a sterile letter1 this is now a fruitful safeguard1 to be interpreted1 like all else1 so that human rights shall most prevail4 ,the term 8privileges and immunities0 was at an early day authoritatively defined by ,judge ,washington1 who announced that they embraced 8protection by the ,government1 the enjoyment of life and liberty1 with the right to acquire and possess property of every kind1 and to pursue and obtain happiness and safety1 ''' the right of a citizen of one ,state to pass through or to reside in any other ,state1 for purposes of trade1 agriculture1 professional pursuits1 or otherwise40#ahd ,but these 8privileges and immunities0 are protected by the present measure4 ,no doubt the ,supplementary ,law must operate1 not only in ,national jurisdiction1 but also in the ,states1 precisely as the ,civil ,rights ,law2 otherwise it will be of little value4 ,its sphere must be coextensive with the ,republic1 making the rights of the citizen uniform everywhere4 ,but this can be only by one uniform safeguard sustained by the ,nation4 ,citizenship is universal1 and the same everywhere4 ,it cannot be more or less in one ,state than in another4 ,but legislation is not enough4 ,an enlightened public opinion must be invoked4 ,nor will this be wanting4 ,the country will rally in aid of the law1 more especially since it is a measure of justice and humanity4 ,the law is needed now as a help to public opinion4 ,it is needed by the very people whose present conduct makes occasion for it4 ,prompted by the law1 leaning on the law1 they will recognize the equal rights of all2 nor do ,i despair of a public opinion which shall stamp the denial of these rights as an outrage not unlike ,slavery itself4 ,custom and patronage will then be sought in obeying the law4 ,people generally are little better than actors1 for whom it was once said3-- 8,ah1 let not ,censure term our fate our choice3 ,the stage but echoes back the public voice2 ,the drama's laws the drama's patrons give2 ,for we that live to please must please to live40#ahe ,in the absence of the law people please too often by inhumanity1 but with the law teaching the lesson of duty they will please by humanity4 ,thus will the law be an instrument of improvement1 necessary in precise proportion to existing prejudice4 ,because people still please by inhumanity1 therefore must there be a counteracting force4 ,this precise exigency was foreseen by ,rousseau1 remarkable as writer and thinker1 in a work which startled the world1 when he said3-- 8,it is precisely because the force of things tends always to destroy equality that the force of legislation should always tend to maintain it40#ahf ,never was a truer proposition2 and now let us look at the cases for its application4 ,,public ,,hotels4 ,i begin with ,public ,hotels or ,inns1 because the rule with regard to them may be traced to the earliest periods of the ,common ,law4 ,in the ,chronicles of ,holinshed1 written in the reign of ,queen ,elizabeth1 is a chapter 8,of our ,inns and ,thoroughfares10 where the inn1 which is the original term for hotel1 is described as 8builded for the receiving of such travellers and strangers as pass to and fro02 and then the chronicler1 boasting of his own country as compared with others1 says1 8,every man may use his inn as his own house in ,england40#ahg ,in conformity with this boast was the law of ,england4 ,the inn was opened to 8every man40 ,and this rule has continued from that early epoch1 anterior to the first ,english settlement of ,north ,america1 down to this day4 ,the inn is a public institution1 with well-known rights and duties4 ,among the latter is the duty to receive all paying travellers decent in appearance and conduct1--wherein it is distinguished from a lodging-house or boarding-house1 which is a private concern1 and not subject to the obligations of the inn4 ,for this statement ,i might cite authorities beginning with the infancy of the law1 and not ending even with a late decision of the ,superior ,court of ,new ,york1 where an inn is defined to be 8a public house of entertainment for all who choose to visit it10#ahh--which differs very little from the descriptive words of ,holinshed4 ,the summary of our great jurist1 ,judge ,story1 shows the law3-- 8,an innkeeper is bound to take in all travellers and wayfaring persons1 and to entertain them1 if he can accommodate them1 for a reasonable compensation4''' ,if an innkeeper improperly refuses to receive or provide for a guest1 he is liable to be indicted therefor40#ahi ,chancellor ,kent states the rule briefly1 but with fulness and precision3-- 8,an innkeeper cannot lawfully refuse to receive guests to the extent of his reasonable accommodations2 nor can he impose unreasonable terms upon them40#aij ,this great authority says again1 quoting a decided case3-- 8,innkeepers are liable to an action if they refuse to receive a guest without just cause4 ,the innkeeper is even indictable for the refusal1 if he has room in his house and the guest behaves properly40#aia ,and ,professor ,parsons1 in his work on ,contracts1 so familiar to lawyers and students1 says3-- 8,he cannot so refuse1 unless his house is full and he is actually unable to receive him4 ,and if on false pretences he refuses1 he is liable to an action40#aib ,the importance of this rule in determining present duty will justify another statement in the language of a popular ,encyclopdia3-- 8,one of the incidents of an innkeeper is1 that he is bound to open his house to all travellers1 without distinction1 and has no option to refuse such refreshment1 shelter1 and accommodation as he possesses1 provided the person who applies is of the description of a traveller1 and able and ready to pay the customary hire1 and is not drunk or disorderly or tainted with infectious disease40 ,and the ,encyclopdia adds3-- 8,as some compensation for this compulsory hospitality1 the innkeeper is allowed certain privileges40#aic ,thus is the innkeeper under constraint of law1 which he must obey2 8bound to take in all travellers and wayfaring persons02 8nor can he impose unreasonable terms upon them02 and liable to an action1 and even to an indictment1 for refusal4 ,such is the law4 ,with this peremptory rule opening the doors of inns to all travellers1 without distinction1 to the extent of authorizing not only an action1 but an indictment1 for the refusal to receive a traveller1 it is plain that the pending bill is only declaratory of existing law1 giving to it the sanction of ,congress4 ,,public ,,conveyances4 ,public ,conveyances1 whether on land or water1 are known to the law as common carriers1 and they1 too1 have obligations1 not unlike those of inns4 ,common carriers are grouped with innkeepers1 especially in duty to passengers4 ,here again the learned ,judge is our authority3-- 8,the first and most general obligation on their part is to carry passengers1 whenever they offer themselves and are ready to pay for their transportation4 ,this results from their setting themselves up1 like innkeepers and common carriers of goods1 for a common public employment1 on hire4 ,they are no more at liberty to refuse a passenger1 if they have sufficient room and accommodation1 than an innkeeper is to refuse suitable room and accommodations to a guest40#aid ,professor ,parsons states the rule strongly3-- 8,it is his duty to receive all passengers who offer2 to carry them the whole route2 to demand no more than the usual and established compensation2 to treat all his passengers alike2 to behave to all with civility and propriety2 to provide suitable carriages and means of transport2 ''' and for the default of his servants or agents in any of the above particulars1 or generally in any other points of duty1 the carrier is directly responsible1 as well as for any circumstance of aggravation which attended the wrong40#aie ,the same rule1 in its application to railroads1 has been presented by a learned writer with singular force3-- 8,the company is under a public duty1 as a common carrier of passengers1 to receive all who offer themselves as such and are ready to pay the usual fare1 and is liable in damages to a party whom it refuses to carry without a reasonable excuse4 ,it may decline to carry persons after its means of conveyance have been exhausted1 and refuse such as persist in not complying with its reasonable regulations1 or whose improper behaviour--as by their drunkenness1 obscene language1 or vulgar conduct--renders them an annoyance to other passengers4 ,but it cannot make unreasonable discriminations between persons soliciting its means of conveyance1 as by refusing them on account of personal dislike1 their occupation1 condition in life1 ,,complexion1 ,,race1 nativity1 political or ecclesiastical relations40#aif ,it has also been affirmed by the ,supreme ,court of ,pennsylvania1 where1 on account of color1 a person had been excluded from a street car in ,philadelphia4#aig ,the pending bill simply reinforces this rule1 which1 without ,congress1 ought to be sufficient4 ,but since it is set at nought by an odious discrimination1 ,congress must interfere4 ,,places ,,of ,,public ,,amusement4 ,theatres and other places of ,public ,amusement1 licensed by law1 are kindred to inns or public conveyances1 though less noticed by jurisprudence4 ,but1 like their prototypes1 they undertake to provide for the public under sanction of law4 ,they are public institutions1 regulated1 if not created1 by law1 enjoying privileges1 and in consideration thereof assuming duties1 kindred to those of the inn and the public conveyance4 ,from essential reason1 the rule should be the same with all4 ,as the inn cannot close its doors1 or the public conveyance refuse a seat1 to any paying traveller1 decent in condition1 so must it be with the theatre and other places of public amusement4 ,here are institutions whose peculiar object is 8the pursuit of happiness10 which has been placed among the ,equal ,rights of ,all4 ,how utterly irrational the pretension to outrage a large portion of the community6 ,the law can lend itself to no such intolerable absurdity2 and this1 ,i insist1 shall be declared by ,congress4 ,,common ,,schools4 ,the ,common ,school falls naturally into the same category4 ,like the others1 it must open to all1 or its designation is a misnomer and a mockery4 ,it is not a school for whites1 or a school for blacks1 but a school for all1--in other words1 a common school4 ,much is implied in this term1 according to which the school harmonizes with the other institutions already mentioned4 ,it is an inn where children rest on the road to knowledge4 ,it is a public conveyance where children are passengers4 ,it is a theatre where children resort for enduring recreation4 ,like the others1 it assumes to provide for the public2 therefore it must be open to all3 nor can there be any exclusion1 except on grounds equally applicable to the inn1 the public conveyance1 and the theatre4 ,but the common school has a higher character4 ,its object is the education of the young2 and it is sustained by taxation1 to which all contribute4 ,not only does it hold itself out to the public by its name and its harmony with the other institutions1 but it assumes the place of parent to all children within its locality1 bound always to exercise a parent's watchful care and tenderness1 which can know no distinction of child4 ,it is easy to see that the separate school1 founded on an odious discrimination1 and sometimes offered as an equivalent for the common school1 is an ill-disguised violation of the principle of ,equality1 while as a pretended equivalent it is an utter failure1 and instead of a parent is only a churlish step-mother4 ,a slight illustration will show how it fails2 and here ,i mention an incident occurring in ,washington1 but which must repeat itself often on a larger scale1 wherever separation is attempted4 ,colored children1 living near what is called the common school1 are driven from its doors1 and compelled to walk a considerable distance--often troublesome1 and in certain conditions of the weather difficult--to attend the separate school4 ,one of these children has suffered from this exposure1 and ,i have myself witnessed the emotion of the parent4 ,this could not have occurred1 had the child been received at the common school in the neighborhood4 ,now it is idle to assert that children compelled to this exceptional journey to and fro are in the enjoyment of ,equal ,rights4 ,the superadded pedestrianism and its attendant discomfort furnish the measure of ,inequality in one of its forms1 increased by the weakness or ill-health of the child4 ,what must be the feelings of a colored father or mother daily witnessing this sacrifice to the demon of ,caste8 ,this is an illustration merely1 but it shows precisely how impossible it is for a separate school to be the equivalent of the common school4 ,and yet it only touches the evil1 without exhibiting its proportions4 ,the indignity offered to the colored child is worse than any compulsory exposure2 and here not only the child suffers1 but the race to which he belongs is degraded1 and the whole community is hardened in wrong4 ,the separate school wants the first requisite of the common school1 inasmuch as it is not equally open to all2 and since this is inconsistent with the declared rule of republican institutions1 such a school is not republican in character4 ,therefore it is not a preparation for the duties of life4 ,the child is not trained in the way he should go2 for he is trained under the ban of ,inequality4 ,how can he grow up to the stature of equal citizenship8 ,he is pinched and dwarfed while the stigma of color is stamped upon him4 ,this is plain oppression1 which you1 ,sir1 would feel keenly1 were it directed against you or your child4 ,surely the race enslaved for generations has suffered enough without being doomed to this prolonged proscription4 ,will not the ,republic1 redeemed by most costly sacrifice1 insist upon justice to the children of the land1 making the common school the benign example of republican institutions1 where merit is the only ground of favor8 ,nor is separation without evil to the whites4 ,the prejudice of color is nursed1 when it should be stifled4 ,the ,pharisaism of race becomes an element of character1 when1 like all other ,pharisaisms1 it should be cast out4 ,better even than knowledge is a kindly nature and the sentiment of equality4 ,such should be the constant lesson1 repeated by the lips and inscribed on the heart2 but the school itself must practise the lesson4 ,children learn by example more than by precept4 ,how precious the example which teaches that all are equal in rights6 ,but this can be only where all commingle in the common school as in common citizenship4 ,there is no separate ballot-box3 there should be no separate school4 ,it is not enough that all should be taught alike2 they must all be taught together4 ,they are not only to receive equal quantities of knowledge2 all are to receive it in the same way4 ,but they cannot be taught alike1 unless all are taught together2 nor can they receive equal quantities of knowledge in the same way1 except at the common school4 ,the common school is important to all2 but to the colored child it is a necessity4 ,excluded from the common school1 he finds himself too frequently without any substitute4 ,but even where a separate school is planted1 it is inferior in character1 buildings1 furniture1 books1 teachers3 all are second-rate4 ,no matter what the temporary disposition1 the separate school will not flourish as the common school4 ,it is but an offshoot or sucker1 without the strength of the parent stem4 ,that the two must differ is seen at once2 and that this difference is adverse to the colored child is equally apparent4 ,for him there is no assurance of education except in the common school1 where he will be under the safeguard of all4 ,white parents will take care not only that the common school is not neglected1 but that its teachers and means of instruction are the best possible2 and the colored child will have the benefit of this watchfulness4 ,this decisive consideration completes the irresistible argument for the common school as the equal parent of all without distinction of color4 ,if to him that hath is given1 according to the way of the world1 it is not doubted that to him that hath not there is a positive duty in proportion to the necessity4 ,unhappily1 our colored fellow-citizens are in this condition4 ,but just in proportion as they are weak1 and not yet recovered from the degradation in which they have been plunged1 does the ,republic owe its completest support and protection4 ,already a component part of our political corporation1 they must become part of the educational corporation also1 with ,equality as the supreme law4 ,,other ,,public ,,institutions4 ,it is with humiliation that ,i am forced to insist upon the same equality in other public institutions of learning and science1--also in churches1 and in the last resting-places of the dead4 ,so far as any of these are public in character and organized by law1 they must follow the general requirement4 ,how strange that any institution of learning or science1 any church1 or any cemetery should set up a discrimination so utterly inconsistent with correct principle6 ,but ,i do not forget that only recently a colored officer of the ,national ,army was treated with indignity at the communion-table4 ,to insult the dead is easier1 although condemned by ,christian precept and heathen example4 ,as in birth1 so in death are all alike1--beginning with the same nakedness1 and ending in the same decay2 nor do worms spare the white body more than the black4 ,this equal lot has been the frequent occasion of sentiment and of poetry4 ,horace has pictured pallid ,death with impartial foot knocking at the cottages of the poor and the towers of kings4#aih ,in the same spirit the early ,english poet1 author of 8,piers ,ploughman10 shows the lowly and the great in their common house3-- 8,for in charnel at chirche ,cherles ben yvel to knowe1 ,or a knyght from a knave there40#aii ,and ,chaucer even denies the distinction in life3-- 8,but understond in thine entent ,that this is not mine entendement1 ,to clepe no wight in no ages ,onely gentle for his linages3 ,though he be not gentle borne1 ,than maiest well seine this in sooth1 ,that he is gentle because he doth ,as longeth to a gentleman40#bjj ,this beautiful testimony1 to which the honest heart responds1 is from an age when humanity was less regarded than now4 ,plainly it shows how conduct and character are realities1 while other things are but accidents4 ,among the ,romans degradation ended with life4 ,slaves were admitted to honorable sepulture1 and sometimes slept the last sleep with their masters4 ,the slaves of ,augustus and ,livia were buried on the famous ,appian ,way1 where their tombs with historic inscriptions have survived the centuries4#bja 8,bury him with his niggers10 was the rude order of the ,rebel officer1 as he flung the precious remains of our admirable ,colonel ,shaw into the common trench at ,fort ,wagner1 where he fell1 mounting the parapets at the head of colored troops4 ,and so was he buried1 lovely in death as in life4 ,the intended insult became an honor4 ,in that common trench the young hero rests1 symbolizing the great ,equality for which he died4 ,no ,roman monument1 with its ,siste1 viator1 to the passing traveller1 no 8labor of an age in pild stones10 can match in grandeur that simple burial4 ,,prejudice ,,of ,,color4 ,,mr4 ,,president1 against these conclusions there is but one argument1 which1 when considered1 is nothing but a prejudice1 as little rational as what ,shylock first calls his 8humor0 and then 8a lodged hate and a certain loathing10 making him seek the pound of flesh nearest the merchant's heart4 ,the prejudice of color pursues its victim in the long pilgrimage from the cradle to the grave1 barring the hotel1 excluding from the public conveyance1 insulting at the theatre1 closing the school1 shutting the gates of science1 and playing its fantastic tricks even in the church where he kneels and the grave where his dust mingles with the surrounding earth4 ,the ,god-given color of the ,african is a constant offence to the disdainful white1 who1 like the pretentious lord1 asking ,hotspur for prisoners1 can bear nothing so unhandsome 8betwixt the wind and his nobility40 ,this is the whole case4 ,and shall those ,equal ,rights promised by the great ,declaration be sacrificed to a prejudice8 ,shall that ,equality before the ,law1 which is the best part of citizenship1 be denied to those who do not happen to be white8 ,is this a white man's government or is it a government of 8all men10 as declared by our fathers8 ,is it a ,republic of ,equal ,laws1 or an ,oligarchy of the ,skin8 ,this is the question now presented4 ,once ,slavery was justified by color1 as now the denial of ,equal ,rights is justified2 and the reason is as little respectable in one case as in the other4 ,the old pretension is curiously illustrated by an incident in the inimitable ,autobiography of ,franklin4 ,an ,ante-revolutionary ,governor of ,pennsylvania remarked gayly1 8that he much admired the idea of ,sancho ,panza1 who1 when it was proposed to give him a government1 requested it might be a government of blacks1 as then1 if he could not agree with his people1 he might sell them02 on which a friend said1 8,franklin1 why do you continue to side with those damned ,quakers8 ,had you not better sell them80 ,franklin answered1 8,the ,governor has not yet blacked them enough40 ,the ,autobiography proceeds to record1 that the ,governor 8labored hard to blacken the ,assembly in all his ,messages1 but they wiped off his coloring as fast as he laid it on1 and placed it in return thick upon his own face1 so that1 finding he was likely to be negrofied himself1 he grew tired of the contest and quitted the ,government40#bjb ,to negrofy a man was to degrade him4 ,thus in the ambition of ,sancho ,panza1 and in the story of the ,british governor1 was color the badge of ,slavery4 8,then ,i can sell them10 said ,sancho ,panza2 and the ,british governor repeated the saying4 ,this is changed now2 but not entirely4 ,at present nobody dares say1 8,i can sell them02 but the inn1 the common conveyance1 the theatre1 the school1 the scientific institute1 the church1 and the cemetery deny them the equal rights of ,freedom4 ,color has its curiosities in history4 ,for generations the ,roman circus was convulsed by factions known from their liveries as white and red2 new factions adopted green and blue2 and these latter colors raged with redoubled fury in the hippodrome of ,constantinople4#bjc ,then came blacks and whites1 ,neri and ,bianchi1 in the political contentions of ,italy1#bjd where the designation was from the accident of a name4 ,in ,england the most beautiful of flowers1 in two of its colors1 became the badge of hostile armies1 and the white rose fought against the red4 ,but it has been reserved for our ,republic1 dedicated to the rights of human nature1 to adopt the color of the skin as the sign of separation1 and to organize it in law4 ,color in the animal kingdom is according to the ,law of ,nature4 ,the ox of the ,roman ,campagna is gray4 ,the herds on the banks of the ,xanthus were yellow2 on the banks of the ,clitumnus they were white4 ,in ,corsica animals are spotted4 ,the various colors of the human family belong to the same mystery4 ,there are white1 yellow1 red1 and black1 with intermediate shades2 but no matter what their hue1 they are always ,,men1 gifted with a common manhood and entitled to common rights4 ,dr4 ,johnson made short work with the famous paradox of ,berkeley1 denying the existence of matter4 ,striking his foot with mighty force against a large stone1 till he rebounded from it1 8,i refute it thus10 he exclaimed4#bje ,and so1 in reply to every pretension against the equal rights of all1 to every assertion of right founded on the skin1 to every denial of right because a man is something else than white1 ,i point to that common manhood which knows no distinction of color1 and thus do ,i refute the whole inhuman1 unchristian paradox4 ,,the ,,word 8,,white40 ,observe1 if you please1 how little the word 8white0 is authorized to play the great part it performs1 and how much of an intruder it is in all its appearances4 ,in those two title-deeds1 the ,declaration of ,independence and the ,constitution1 there are no words of color1 whether white1 yellow1 red1 or black2 but here is the fountain out of which all is derived4 ,the ,declaration speaks of 8all men10 and not of 8all white men02 and the ,constitution says1 8,we the people10 and not 8,we the white people40 ,where1 then1 is authority for any such discrimination1 whether by the nation or any component part8 ,there is no fountain or word for it4 ,the fountain failing1 and the word non-existent1 the whole pretension is a disgusting usurpation1 which is more utterly irrational when it is considered that authority for such an outrage can be found only in positive words1 plain and unambiguous in meaning4 ,this was the rule with regard to ,slavery1 solemnly declared by ,lord ,mansfield in the famous ,somerset case2 and it must be the same with regard to this pretension4 ,it cannot be invented1 imagined1 or implied2 it must be found in the very text3 and this ,i assert according to fixed principles of jurisprudence4 ,in its absence1 ,equality is 8the supreme law of the land2 and the judges in every ,state shall be bound thereby1 anything in the constitution or laws of any ,state to the contrary notwithstanding40#bjf ,this conclusion is reinforced by the several ,constitutional ,amendments2 but ,i prefer to dwell on the original text of the ,constitution1 in presence of which you might as well undertake to make a king as to degrade a fellow-citizen on account of his skin4 ,there is also1 antedating and interpreting the ,constitution1 the original ,common ,law1 which knew no distinction of color4 ,one of the greatest judges that ever sat in ,westminster ,hall1 ,lord ,chief-,justice ,holt1 declared1 in sententious judgment1 worthy of perpetual memory1 8,the ,common ,law takes no notice of ,negroes being different from other men40#bjg ,this was in #agjf1 seventy years before the ,declaration of ,independence2 so that it was well known to our fathers as part of that ,common ,law1 to which1 according to the ,continental ,congress1 the several ,states were entitled4#bjh ,had these remarkable words been uttered by any other judge in ,westminster ,hall1 they would have been important2 but they are enhanced by the character of their illustrious author1 to whom belongs the kindred honor of first declaring from the bench that a slave cannot breathe in ,england4#bji ,among the ornaments of ,english law none has a purer fame than ,holt1 who was emphatically a great judge1--being an example of learning and firmness1 of impartiality and mildness1 with a constant instinct for justice1 and a rare capacity in upholding it4 ,his eminent merits compelled the admiration of his biographer1 ,lord ,campbell1 who does not hesitate to say1 that1 8of all the judges in our annals1 ,holt has gained the highest reputation1 merely by the exercise of judicial functions10--and then again1 in striking words1 that 8he may be considered as having a genius for magistracy1 as much as our ,milton had for poetry or our ,wilkie for painting40#baj ,and this rarest magistrate tells us judicially1 that 8the ,common ,law takes no notice of ,negroes being different from other men10--in other words1 it makes no discrimination on account of color4 ,this judgment is a torch to illumine the ,constitution1 while it shows how naturally our fathers in the great ,declaration said1 8,all men10 and not 8,all white men10 and in the ,constitution said1 8,we the people10 and not 8,we the white people40 ,in melancholy contrast with the monumental judgment of the ,english ,chief-,justice are judicial decisions in our own country1 especially that masterpiece of elaborate inhumanity1 the judgment of our late ,chief-,justice in the ,dred ,scott case4 ,but it is in the ,states that the word 8white0 has been made prominent4 ,such learned debate on the rights of man dependent on complexion would excite a smile1 if it did not awaken indignation4 ,there is ,ohio1 a much-honored ,state1 rejoicing in prosperity1 intelligence1 and constant liberty2 but even this eminent civilization has not saved its ,supreme ,court from the subtilties of refinement on different shades of human color4 ,in the case of ,lake v4 ,baker et al41#baa this learned tribunal decided that a child of ,negro1 ,indian1 and white blood1 but of more than one-half white1 was entitled to the benefits of the common-school fund2 yet in a later case the same court decided that 8children of three-eighths ,african and five-eighths white blood1 but who are distinctly colored1 and generally treated and regarded as colored children by the community where they reside1 are not1 as of right1 entitled to admission into the common schools set apart for the instruction of white youths40#bab ,unhappy children6 ,even five-eighths white blood could not save them1 if in their neighborhood they were known as 8colored40 ,but this magic of color showed itself yet more in the precedent of ,polly ,gray v4 ,the ,state of ,ohio1--a case of robbery1 in the ,court of ,common ,pleas1 where the prisoner appearing on inspection 8to be of a shade of color between the mulatto and white10 a ,negro was admitted to testify against her1 and she was convicted2 but on grave consideration by the ,supreme ,court1 on appeal1 it was decided that the witness was wrongly admitted1 and the judgment was reversed2 and the decision stands on these words3 8,a ,negro is not an admissible witness against a quadroon on trial charged with a crime06#bac ,into this absurdity of injustice was an eminent tribunal conducted by the ignis-fatuus of color4 ,these are specimens only4 ,to what meanness of inquiry has not the judicial mind descended in the enforcement of an odious prejudice8 ,such decisions are a discredit to ,republican ,government2 and so also is the existing practice of public institutions harmonizing with them4 ,the words of the ,gospel are fulfilled1 and the ,great ,republic1 8conceived in ,liberty1 and dedicated to the proposition that all men are created equal10#bad becomes 8like unto whited sepulchres1 which indeed appear beautiful outward1 but are within full of dead men's bones and of all uncleanness40#bae ,are not such decisions worse than dead men's bones or any uncleanness8 ,all this seems the more irrational1 when we recall the ,divine example1 and the admonition addressed to the ,prophet3 8,but the ,lord said unto ,samuel1 ,look not on his countenance1 ''' for the ,lord seeth not as man seeth2 for man looketh on the outward appearance1 but the ,lord looketh on the heart40#baf ,to the pretension of looking at the skin and measuring its various pigments in the determination of rights1 ,i reply1 that the heart1 and not the countenance1 must be our guide4 ,not on the skin can we look1 though 8white0 as the coward heart of ,macbeth1 according to the reproach of his wife1--but on that within1 constituting character1 which showed itself supremely in ,toussaint ,l',ouverture1 making him1 though black as night1 a luminous example1 and is now manifest in a virtuous and patriotic people asking for their rights4 ,where justice prevails1 all depends on character4 ,nor can any shade of color be an apology for interference with that consideration to which character is justly entitled4 ,thus it stands4 ,the word 8white0 found no place in the original ,common ,law2 nor did it find any place afterward in our two title-deeds of ,constitutional ,liberty1 each interpreting the other1 and being the fountain out of which are derived the rights and duties of the ,american citizen4 ,nor1 again1 did it find place in the ,constitutional ,amendment expressly defining a 8citizen40 ,how1 then1 can it become a limitation upon the citizen8 ,by what title can any one say1 8,i am a white lord08 ,every statute and all legislation1 whether ,national or ,state1 must be in complete conformity with the two title-deeds4 ,to these must they be brought as to an unerring touchstone2 and it is the same with the ,state as with the ,nation4 ,strange indeed1 if an odious discrimination1 without support in the original ,common ,law or the ,constitution1 and openly condemned by the ,declaration of ,independence1 can escape judgment by skulking within ,state lines6 ,wherever it shows itself1 whatever form it takes1 it is the same barefaced and insufferable imposture1 a mere relic of ,slavery1 to be treated always with indignant contempt1 and trampled out as an unmitigated 8humbug40 ,the word may not be juridical2 ,i should not use it if it were unparliamentary2 but ,i know no term which expresses so well the little foundation for this pretension4 ,,citizenship4 ,that this should continue to flaunt1 now that ,slavery is condemned1 increases the inconsistency4 ,by the decree against that wrong all semblance of apology was removed4 ,ceasing to be a slave1 the former victim has become not only a man1 but a ,citizen1 admitted alike within the pale of humanity and within the pale of citizenship4 ,as man he is entitled to all the rights of man1 and as citizen he becomes a member of our common household1 with ,equality as the prevailing law4 ,no longer an ,african1 he is an ,american2 no longer a slave1 he is a common part of the ,republic1 owing to it patriotic allegiance in return for the protection of equal laws4 ,by incorporation with the body-politic he becomes a partner in that transcendent unity1 so that there can be no injury to him without injury to all4 ,insult to him is insult to an ,american citizen4 ,dishonor to him is dishonor to the ,republic itself4 ,whatever he may have been1 he is now the same as ourselves4 ,our rights are his rights2 our equality is his equality2 our privileges and immunities are his great freehold4 ,to enjoy his citizenship1 people from afar1 various in race and complexion1 seek our shores1 losing here all distinctions of birth1--as into the ocean all rivers flow1 losing all trace of origin or color1 and there is but one uniform expanse of water1 where each particle is like every other particle1 and all are subject to the same law4 ,in this citizenship the ,african is now absorbed4 ,not only is he ,citizen4 ,there is no office in the ,republic1 from lowest to highest1 executive1 judicial1 or representative1 which is closed against him4 ,the doors of this ,chamber swing open1 and he sits here the coqual of any ,senator4 ,the doors of the other ,chamber also swing open4 ,nay1 ,sir1 he may be ,vice-,president1 he may be ,president2 but he cannot enter a hotel or public conveyance1 or offer his child at the common school1 without insult on account of color4 ,nothing can make this terrible inconsistency more conspicuous4 ,an ,american citizen1 with every office wide open to his honorable ambition1 in whom are all the great possibilities of our ,republic1 who may be anything according to merit1 is exposed to a scourge which descends upon the soul as the scourge of ,slavery descended upon the flesh4 ,in ancient times the cry1 8,i am a ,roman citizen10 stayed the scourge of the ,lictor2 and this cry1 with its lesson of immunity1 has resounded through the ages1 testifying to ,roman greatness4 ,once it was on the lips of ,paul1 as appears in the familiar narrative3-- 8,and as they bound him with thongs1 ,paul said unto the centurion that stood by1 ,is it lawful for you to scourge a man that is a ,roman1 and uncondemned8 8,when the centurion heard that1 he went and told the chief captain1 saying1 ,take heed what thou doest2 for this man is a ,roman4 ''' 8,and the chief captain also was afraid1 after he knew that he was a ,roman1 and because he had bound him40#bag ,will not our 8,chief ,captain10 will not ,senators1 take heed what they do1 that the scourge may not continue to fall upon a whole race1 each one of whom is an ,american and uncondemned8 ,is our citizenship a feebler safeguard than that of ,rome8 ,shall the cry1 8,i am an ,american citizen10 be raised in vain against perpetual outrage8 ,in speaking of the citizen as of our household1 ,i adopt a distinction employed by a great teacher in ,antiquity4 ,aristotle1 in counsels to his former pupil1 ,alexander1 before his career of ,asiatic conquest1 enjoined a broad distinction between ,greeks and ,barbarians4 ,the former he was to treat as friends1 and of the household2 the latter he was to treat as brutes and plants4#bah ,this is the very distinction between ,citizenship and ,slavery4 ,the ,citizen is of the national household2 the ,slave is no better than brute or plant4 ,but our brutes and plants are all changed into men2 our ,barbarians are transformed into ,greeks4 ,there is no person among us now1 whatever his birth or complexion1 who may not claim the great name of ,citizen1 to be protected not less at home than abroad1--but always1 whether at home or abroad1 by the ,national ,government1 which is the natural guardian of the citizen4 ,,equal ,,rights ,,and ,,amnesty4 ,,mr4 ,,president1 asking you to unite now in an act of justice to a much-oppressed race1 which is no payment of that heavy debt accumulated by generations of wrong1 ,i am encouraged by the pending measure of ,amnesty1 which has the advantage of being recommended in the ,president's ,annual ,message4 ,i regretted1 at the time1 that the ,president signalized by his favor the removal of disabilities imposed upon a few thousand ,rebels who had struck at the life of the ,republic1 while he said nothing of cruel disabilities inflicted upon millions of colored fellow-citizens1 who had been a main-stay to the national cause4 ,but ,i took courage when ,i thought that the generosity proposed could not fail to quicken that sentiment of justice which ,i now invoke4 ,toward those who assailed the ,republic in war ,i have never entertained any sentiment of personal hostility4 ,never have ,i sought the punishment of any one2 and ,i rejoice to know that our bloody ,rebellion closed without the sacrifice of a single human life by the civil power4 ,but this has not surprised me4 ,early in the war ,i predicted it in this ,chamber4#bai ,and yet1 while willing to be gentle with former enemies1 while anxious not to fail in any lenity or generosity1 and while always watching for the moment when all could be restored to our common household with ,equality as the prevailing law1 there was with me a constant duty1 which ,i could never forget1 to fellow-citizens1 white and black1 who had stood by the ,republic2 and especially to those large numbers1 counted by the million1 still suffering under disabilities having their origin in no crime1 and more keenly felt than any imposed upon ,rebels4 ,believing that duty to these millions is foremost1 and that until they are secured in equal rights we cannot expect the tranquillity which all desire1--nay1 ,sir1 we cannot expect the blessing of ,almighty ,god upon our labors1--,i bring forward this measure of justice to the colored race4 ,such a measure can never be out of order or out of season1 being of urgent necessity and unquestionable charity4 ,there are strong reasons why it should be united with amnesty1 especially since the latter is pressed4 ,each is the removal of disabilities1 and each is to operate largely in the same region of country4 ,nobody sincerely favoring generosity to ,rebels should hesitate in justice to the colored race4 ,according to the maxim in ,chancery1 8,whoso would have equity must do equity40 ,therefore ,rebels seeking amnesty must be just to colored fellow-citizens seeking equal rights4 ,doing this equity1 they may expect equity4 ,another reason is controlling4 ,each is a measure of reconciliation1 intended to close the issues of the war2 but these issues are not closed1 unless each is adopted4 ,their adoption together is better for each1 and therefore better for the country1 than any separate adoption4 ,kindred in object1 they should be joined together and never put asunder4 ,it is wrong to separate them4 ,hereafter the ,rebels should remember that their restoration was associated with the equal rights of all1 contained in the same great statute4 ,clearly1 between the two the preminence must be accorded to that for the equal rights of all1 as among the virtues justice is above generosity4 ,and this is the more evident1 when it is considered1 that1 according to ,abraham ,lincoln1 the great issue of the war was ,human ,equality4 99 99 99 99 99 ,in making the motion by which these two measures are associated1 ,i seize the first opportunity since the introduction of my bill1 nearly two years ago1 of obtaining for it the attention of the ,senate4 ,beyond this is with me a sentiment of duty4 ,in the uncertainties of life1 ,i would not defer for a day the discharge of this immeasurable obligation to fellow-citizens insulted and oppressed2 nor would ,i postpone that much-desired harmony which can be assured only through this act of justice4 ,the opportunity is of infinite value1 and ,i dare not neglect it4 ,my chief regret is that ,i cannot do more to impress it upon the ,senate4 ,i wish ,i were stronger4 ,i wish ,i were more able to exhibit the commanding duty4 ,but ,i can try2 and should the attempt fail1 ,i am not without hope that it may be made in some other form1 with increased advantage from this discussion4 ,i trust it will not fail4 ,earnestly1 confidently1 ,i appeal to the ,senate for its votes4 ,let the record be made at last1 which shall be the cap-stone of the reconstructed ,republic4 ,i make this appeal for the sake of the ,senate1 which will rejoice to be relieved from a painful discussion2 for the sake of fellow-citizens whom ,i cannot forget2 and for the sake of the ,republic1 now dishonored through a denial of justice4 ,i make it in the name of the ,great ,declaration1 and also of that ,equality before the ,law which is the supreme rule of conduct1 to the end especially that fellow-citizens may be vindicated in 8the pursuit of happiness10 according to the immortal promise1 and that the angel ,education may not be driven from their doors4 ,i make it also for the sake of peace1 so that at last there shall be an end of ,slavery1 and the rights of the citizen shall be everywhere under the equal safeguard of national law4 ,there is beauty in art1 in literature1 in science1 and in every triumph of intelligence1 all of which ,i covet for my country2 but there is a higher beauty still in relieving the poor1 in elevating the down-trodden1 and being a succor to the oppressed4 ,there is true grandeur in an example of justice1 making the rights of all the same as our own1 and beating down prejudice1 like ,satan1 under our feet4 ,humbly do ,i pray that the ,republic may not lose this great prize1 or postpone its enjoyment4 ,mr4 ,vickers1 of ,maryland1 on the same day1 made an elaborate effort on the position of the ,south and ,amnesty1 which he opened by saying3-- 8,it is not my purpose to follow the ,senator from ,massachusetts ,mr4 ,,sumner in the remarks which he has made1 because his amendment is not only not germane to the subject-matter properly before the ,senate1 but is so palpably unconstitutional that ,i consider it unnecessary to make any comment upon it40 ,january #agth1 ,mr4 ,sumner spoke again at length1 introducing testimony1 being letters1 resolutions1 and addresses from various parts of the country1 and especially from the ,south1 showing the necessity of ,congressional action for the protection of ,equal ,rights1 and that such protection was earnestly desired by colored fellow-citizens4 ,at the close he remarked on the importance of equality in the school-room4 ,one of the most important aspects of the pending measure is its operation on the common school1 making it what is implied in its name1 a school open to all4 ,the term 8common0 explains itself4 ,originally1 in ,england1 under the law1 it designated outlying land near a village open to all the inhabitants2 and the common school is an institution of education open to all4 ,if you make it for a class1 it is not a common school1 but a separate school1--and1 as ,i have said frequently to-day1 and also before in addressing the ,senate1 a separate school never can be a substitute for the common school4 ,the common school has for its badge ,equality4 ,the separate school has for its badge ,inequality4 ,the one has open doors for all2 the other has open doors only for those of a certain color4 ,that is contrary to the spirit of our institutions1 to the promises of the ,declaration of ,independence1 and to all that is secured in the recent ,constitutional ,amendments4 ,so long as it continues1 the great question of the war remains still undecided2 for1 as ,i explained the other day1 that transcendent issue1 as stated by ,jefferson ,davis1 and then again accepted by ,abraham ,lincoln1 was ,equality4 ,only by maintaining ,equality will you maintain the great victory of the war4 ,here in ,washington this very question of separate schools has for some time agitated the community4 ,the colored people have themselves acted4 ,they speak for ,equal ,rights4 ,i have in my hand a communication to the ,senate from the ,secretary of the ,interior1 under date of ,january #ah1 #ahga1 covering a report from the trustees of the colored schools of ,washington and ,georgetown1 in which they make most important and excellent recommendations4 ,how well at last the colored people speak6 ,who among us can speak better than they in the passages ,i am about to read8 ,after reading these passages1#bbj which he pronounced 8unanswered and unanswerable10 ,mr4 ,sumner proceeded3-- ,sir1 ,i bring this testimony to a close4 ,i have adduced letters1 resolutions1 addresses from various ,states1 showing the sentiments of the colored people4 ,i have adduced them in answer to allegations on this floor that the pending measure of ,equal ,rights is not needed1 that the pending measure is for social equality4 ,listening to these witnesses1 you see how they all insist that it is needed1 and that it is in no respect for social equality4 ,it is a measure of strict legal right4 ,i adduce this testimony also in answer to the allegation1 so loftily made in debate the other day1 that the colored people are willing to see the former ,rebels amnestied1 trusting in some indefinite future to obtain their own rights4 ,i said at the time that such an allegation was irrational4 ,i now show you that it is repudiated by the colored people4 ,they do not recognize the ,senators who have undertaken to speak for them as their representatives4 ,they insist upon their rights before you play the generous to ,rebels4 ,they insist that they shall be saved from indignity when they travel1 and when they offer a child at the common school1--that they shall be secured against any such outrage before you remove the disabilities of men who struck at the life of this ,republic4 ,now1 ,sir1 will you not be just before you are generous8 ,or if you do not place the rights of the colored people foremost1 will you not at least place them side by side with those of former ,rebels8 ,put them both where ,i seek now to put them1 in the same statute1--so that hereafter the ,rebels shall know that generosity to them was associated with justice to their colored fellow-citizens1--that they all have a common interest1--that they are linked together in the community of a common citizenship1 and in the enjoyment of those liberties promised by the ,declaration of ,independence and guarantied by the ,constitution of the ,united ,states4 ,mr4 ,frelinghuysen1 of ,new ,jersey1 followed with remarks chiefly in criticism of the form of the bill1 and made several suggestions of amendment4 ,mr4 ,sumner stated that his object was 8to get this measure in the best shape possible10 and that he should welcome any amendment from any quarter2 that he did not feel as strongly as the ,senator 8the difference between his language and the text10 but that he was anxious to harmonize with him4 ,mr4 ,sumner afterwards modified his bill in pursuance of ,mr4 ,frelinghuysen's suggestions4 ,the debate was continued on different days1--,mr4 ,sawyer1 of ,south ,carolina1 ,mr4 ,thurman1 of ,ohio1 ,mr4 ,morrill1 of ,maine1 ,mr4 ,saulsbury1 of ,delaware1 ,mr4 ,davis1 of ,kentucky1 speaking strongly against the bill of ,mr4 ,sumner4 ,mr4 ,sawyer objected to it as an amendment to the ,amnesty ,bill4 ,mr4 ,nye of ,nevada1 and ,mr4 ,flanagan of ,texas spoke for the bill4 ,the latter1 after saying that he had read the ,constitution for himself1 and was 8satisfied that the proposed amendment was constitutional10 added other reasons3-- 8,one is1 that ,i discover1 that1 if we should remain here1 as we certainly shall do1 for a very considerable period1 petitions will come in to such a degree1 requiring so much paper1 that really the price will be vastly enhanced1 and it will thereby become a considerable tax to the ,government of the ,united ,states2 for the ,senator is receiving1 ,i might almost say1 volumes--,i know not what the quantity is2 it is immense1 however--from all parts of the nation40 ,and then again3-- 8,again ,i am reminded that it is best to try to get rid of the imposing ,senator ,mr4 ,,sumner on that subject1 just as the lady answered her admirer4 ,the suitor had been importuning her time and again1 and she had invariably declined to accept the proposition4 ,at length1 however1 being very much annoyed1 she concluded to say #8yes1' just to get rid of his importunity4 ,i want to go with the ,senator to get rid of this matter1 laughter1 because1 really1 ,mr4 ,president1 we find his bill here as a breakwater4 ,a concurrent resolution was introduced here for the adjournment of ,congress at a particular day4 ,well1 you saw that bill thrust right on it4 #8,stop6' says he1 #8you must not adjourn until my bill is passed4' ,there it was again2 here it is now2 and we shall continue to have it2 and ,i am for making peace with it by a general surrender at once4 ,laughter4 ,i stop not there1 ,mr4 ,president2 ,i go further1 and ,i indorse the ,senator to the utmost degree in his proposition40#bba ,mr4 ,morrill1 in an elaborate argument1 denied point-blank the constitutionality of the bill1--insisting1 and repeating with different forms of expression1 that 8the exercise of this power on the part of ,congress would be a palpable invasion of the rights of the people of the ,states in their purely domestic relations4''' ,this ,constitution has given us no such authority and no such power40#bbb ,january #cast1 ,mr4 ,sumner replied to ,mr4 ,morrill4 ,,reply ,,to ,,mr4 ,,morrill4 ,,mr4 ,,president1 before this debate closes1 it seems to me ,i shall be justified in a brief reply to the most extraordinary1 almost eccentric1 argument by my excellent friend1 the ,senator from ,maine ,mr4 ,,morrill4 ,he argued against the constitutionality of the pending amendment1--you all remember with how much ingenuity and earnestness4 ,i shall not follow him in the details of that speech4 ,i shall deal with it somewhat in the general1 and part of the time ,i shall allow others to speak for me4 ,but before ,i come upon that branch of the case1 ,i feel that in justice to colored fellow-citizens ,i ought to see that they have a hearing4 ,senators whom they helped elect show no zeal for their rights4 ,sir1 they have a title to be heard4 ,they are able2 they can speak for themselves2 but they are not here to speak4 ,therefore they can be heard only through their communications4 ,here is one from a member of the ,virginia ,house of ,delegates4 ,it came to my hands yesterday1 and is dated 8,richmond1 ,january #bi1 #ahgb40 ,i wish the ,senate would hear what this member of the ,virginia ,house says on the pending amendment4 ,the letter1 as read by ,mr4 ,sumner1 concluded as follows3-- 8,we all1 ,sir1 the whole colored population of ,virginia1 make this appeal through you to a generous ,senate1 and pray1 for the sake of humanity1 justice1 and all that is good and great1 that equal common rights may be bestowed on a grateful and loyal people before disabilities shall have been stricken from those who struck at the very heart-strings of the ,government40 ,can any ,senator listen to that appeal and not feel that this ,virginian begins to answer the ,senator from ,maine8 ,he shows an abuse2 he testifies to a grievance4 ,sir1 it is the beginning of the argument4 ,my friend seemed almost to ignore it4 ,he did not see the abuse2 he did not recognize the grievance4 ,,mr4 ,,morrill4 ,i certainly did see it1 and ,i certainly recognize it4 ,the only difference between the ,senator and myself1 so far as the argument is concerned1 is one simply of power4 ,,mr4 ,,sumner4 ,i shall come to that4 ,but first is the point1 whether the ,senator recognizes the grievance2 and here let me tell my excellent friend1 that1 did he see the grievance as this colored citizen sees it1 did he feel it as this colored citizen feels it1--,sir1 did he simply see it as ,i see it1--he would find power enough in the ,constitution to apply the remedy4 ,i know the generous heart of the ,senator2 and ,i know that he could not hesitate1 did he really see this great grievance4 ,he does not see it in its proportions4 ,he does not see how in real character it is such that it can be dealt with only by the ,national power4 ,i drive that home to the ,senator4 ,it is the beginning of the argument in reply to him1 that the grievance is such that it can be dealt with adequately only by ,congress4 ,any other mode is inefficient1 inadequate1 absurd4 ,i begin1 therefore1 by placing the ,senator in that position4 ,unhappily he does not see the grievance4 ,he has no conception of its vastness1 extending everywhere1 with ramifications in every ,state1 and requiring one uniform remedy1 which1 from the nature of the case1 can be supplied only by the ,nation4 ,and now ,i come to the question of power2 and here ,i allow a colored fellow-citizen to be heard in reply to the ,senator4 ,i read from a letter of ,e4 ,a4 ,fulton1 of ,arkansas3-- 8,i have seen and experienced much of the disabilities which rest upon my race and people from the mere accident of color4 ,grateful to ,god and the ,republicans of this country for our emancipation and the recognition of our citizenship1 ,i am nevertheless deeply impressed with the necessity of further legislation for the perfection of our rights as ,american citizens40 ,this colored citizen is impressed1 as the ,senator is not1 with the necessity of further legislation for the perfection of his rights as an ,american citizen4 ,he goes on3-- 8,i am also thoroughly persuaded that this needed legislation should come from the ,national ,congress40 ,so he replies to my friend4 8,local or ,state legislation will necessarily be partial and vacillating4 ,besides1 our experience is to the effect that the local ,state governments are unreliable for the enforcement or execution of laws for this purpose4 8,in ,arkansas1 for example1 a statute was enacted by the ,general ,assembly of #ahfh for the purpose of securing the equal rights of colored persons upon steamboats1 railroads1 and public thoroughfares generally4 ,the provisions of the statute were deemed good1 if not entirely sufficient2 yet to the present time gross indignities continue to be perpetrated upon colored travellers1 men and women1 while those charged under oath to see the laws faithfully executed look on with seeming heartless indifference while the law remains a dead letter on the statute-book4 8,with a care and anxiety which one vitally interested alone can feel ,i have examined and weighed this subject40 ,here1 ,sir1 he replies again to my friend4 ,i should like the ,senator to notice the sentence3-- 8,with a care and anxiety which one vitally interested alone can feel0-- as1 of course1 my friend cannot feel1 since he has not that vital interest-- 8,i have examined and weighed this subject40 ,what does he conclude8 8,i am fully persuaded that nothing short of national legislation1 and national authority for its enforcement1 will be found sufficient for the maintenance of our ,god-given rights as men and women1 citizens of this great and free country40 99 99 99 99 99 ,,mr4 ,,morrill4 ,as my honorable friend emphasizes that particular point1 will he be kind enough to say whether he reads that letter as an authority showing that ,congress has the power to do what he asks1 or whether it is simply an individual opinion that some such legislation is necessary8 ,,mr4 ,,sumner4 ,i think my friend must know that ,i do not read the letter as an authority1 according to his use of the term4 ,by-and-by ,i shall come to the authority4 ,i read it as the opinion of a colored citizen-- ,,mr4 ,,morrill4 ,as to the necessity of legislation8 ,,mr4 ,,sumner4 ,who has felt the grievance1 and testifies that the remedy can only be through the ,nation4 ,there is where he differs from my friend4 ,,mr4 ,,morrill4 ,it is not necessary to read evidence to me that the colored people think there ought to be legislation by ,congress4 ,the question between the ,senator and myself is precisely this3 ,what is your authority8 ,,mr4 ,,sumner4 ,i am coming to that4 ,this is only the beginning4 ,,mr4 ,,morrill4 ,when you come to that1 and make an issue with me1 ,i shall be ready to answer4 ,,mr4 ,,sumner4 ,i shall come to that in due season1 and give the ,senator the opportunity he desires4 ,i shall speak to the question of power4 ,meanwhile ,i proceed with the letter3-- 8,i have read with joy your recently presented ,supplementary ,civil ,rights ,bill4 ,it meets my hearty approval4 ,in the name of ,god and down-trodden humanity1 ,i pray you press its enactment to a successful consummation4 8,such a law1 firmly enforced1 coupled with complete amnesty0-- ,you see the point1 ,mr4 ,president1--8coupled with complete amnesty0-- 8for political offences to those who once held us in bondage1 will furnish1 as ,i believe1 the only sound basis of reconstruction and reconciliation for the ,south40 ,now my friend will not understand that ,i exaggerate this letter4 ,i do not adduce it as authority1 but simply as testimony1 showing what an intelligent colored fellow-citizen thinks with regard to his rights on two important points much debated3 first1 as to the necessity of remedy through the ,national ,government2 and1 secondly1 as to the importance of uniting this assurance of ,equal ,rights with ,amnesty1 so that the two shall go together4 ,before coming directly to the authority on which my friend is so anxious1 ,i call attention to another communication1 from the ,president of the ,georgia ,civil ,rights ,association1 which ,i think should be read to the ,senate4 ,it is addressed to me officially2 and if ,i do not read it1 the ,senate will not have the benefit of it4 ,there is no ,senator from ,georgia to speak for the ,civil ,rights ,association4 ,i shall let them speak by their ,president1 ,captain ,edwin ,belcher3-- 8,i realize more and more1 every day1 the necessity of such a measure of justice as your #8,supplementary ,bill4' ,when that becomes a law1 the freedom of my race will then be complete40 ,i call attention to that point4 ,this writer regards the pending measure essential to complete the ,abolition of ,slavery2 and ,i hope you will not forget this judgment1 because it will be important at a later moment in vindicating the constitutional power of ,congress4 8,when that becomes a law1 the freedom of my race will then be complete10--not before1 not till then1 not till the passage of the ,supplementary ,civil ,rights ,bill4 ,down to that time ,slavery still exists4 ,such1 ,sir1 is the statement of a man once a slave1 and who knows whereof he speaks2 nor can it be doubted that he is right4 ,after reading the letter at length1 ,mr4 ,sumner proceeded3-- ,this instructive letter is full of wise warnings1 to which we cannot be indifferent4 ,it is testimony1 but it is also argument4 ,the necessity of this measure appears not only from ,georgia1 but even from ,pennsylvania4 ,i have in my hands an article by ,richard ,t4 ,greener1 the principal of the ,colored ,institute at ,philadelphia1 where he vindicates the pending bill4 ,i read a brief passage1 and simply in reply to the ,senator from ,maine1 on the necessity of ,congressional action4 ,mr4 ,greener is no unworthy representative of his race4 ,he knows well how to vindicate their rights4 ,here is what he says3-- 8,not three weeks ago1 the ,committee which waited on the ,president from this city1 in behalf of ,mr4 ,sumner's bill1 were refused accommodations at the dpt restaurant in ,washington1 and only succeeded in being entertained by insisting upon just treatment4 ,it has scarcely been three months since the secretary of the ,american legation at ,port-au-,prince1 ,rev4 ,j4 ,theodore ,holly1 with his wife and three children1 was refused a state-room on the steamer running between ,new ,haven and ,new ,york city40 ,then he shows the necessity3-- 8,should ,minister ,bassett himself1 indorsed by the ,union ,league1 return home and arrive late at night1 there are probably not two hotels1 such as a gentleman of his station would wish to stop at1 where he could be accommodated1--not a theatre or place of amusement which he could visit without insult or degrading restrictions1--not a church1 except it be a ,quaker or ,catholic one1 where he would not be shown into the gallery1 or else be made to feel uncomfortable3 so outrageous are the current ,american ideas of common hospitality and refinement2 so vindictive is this persecution of a humble class of your fellow-citizens40 ,lastly he vindicates the pending measure1 and asks for a two-thirds vote3-- 8,the ,supplementary ,bill ought to pass by a two-thirds vote4 ,if it passes by a simple majority1 we shall1 of course1 be satisfied1 and understand the reason why4 ,if ,republican ,senators1 elected by colored votes1 give their influence and votes against this measure1 it might be well for them to remember that ,negroes1 along with instinct1 have #8terrible memories4'0 ,and now1 ,sir1 after these brief illustrations1 where our colored fellow-citizens have spoken for themselves1 showing the necessity of legislation by the ,nation1 because only through the ,nation can the remedy be applied1 ,i come to the precise argument of the ,senator4 ,he asks for the power4 ,why1 ,sir1 the ,national ,constitution is bountiful of power2 it is overrunning with power4 ,not in one place or two places or three places1 but almost everywhere1 from the ,preamble to the last line of the latest ,amendment2 in the original text and in all our recent additions1 again and again4 ,still further1 in that great rule of interpretation conquered at ,appomattox1 which1 far beyond the surrender of ,lee1 was of infinite value to this ,republic4 ,i say a new rule of interpretation for the ,national ,constitution1 according to which1 in every clause and every line and every word1 it is to be interpreted uniformly and thoroughly for human rights4 ,before the ,rebellion the rule was precisely opposite4 ,the ,constitution was interpreted always1 in every clause and line and word1 for ,human ,slavery4 ,thank ,god1 it is all changed now6 ,there is another rule1 and the ,national ,constitution1 from beginning to end1 speaks always for the ,rights of ,man4 ,that1 ,sir1 is the new rule4 ,that1 ,sir1 is the great victory of the war2 for in that are consummated all the victories of many bloody fields1--not one victory1 or two1 but the whole1--gleaming in those principles of ,liberty and ,equality which are now the pivot jewels of the ,constitution4 ,my excellent friend from ,maine takes no notice of all this4 ,he goes back for his rule to those unhappy days before the war4 ,he makes the system of interpretation1 born of ,slavery1 his melancholy guide4 ,with such ,mentor1 how can he arrive at any conclusion other than alien to ,human ,rights8 ,he questions everything1 denies everything4 ,he finds no power for anything1 unless distinctly written in positive and precise words4 ,he cannot read between the lines2 he cannot apply a generous principle which will cordinate everything there in harmony with the ,declaration of ,independence4 ,when ,i refer to the ,declaration1 ,i know well how such an allusion is too often received on this floor4 ,i have lived through a period of history1 and do not forget that ,i here heard our great title-deed arraigned as 8a self-evident lie40 ,there are ,senators now1 who1 while hesitating to adopt that vulgar extravagance of dissent1 are willing to trifle with it as a rule of interpretation4 ,i am not frightened4 ,sir1 ,i insist that the ,national ,constitution must be interpreted by the ,national ,declaration4 ,i insist that the ,declaration is of equal and cordinate authority with the ,constitution itself4 ,i know1 ,sir1 the ground on which ,i stand4 ,i need no volume of law1 no dog-eared page1 no cases to sustain me4 ,every lawyer is familiar with the fundamental beginning of the ,british ,constitution in ,magna ,charta4 ,but what is ,magna ,charta8 ,simple concessions wrung by barons of ,england from an unwilling monarch2 not an ,act of ,parliament1 nothing constitutional in our sense of the term2 simply a declaration of rights3 and such was the ,declaration of ,independence4 ,and now1 ,sir1 ,i am prepared to insist1 that1 whenever you are considering the ,constitution1 so far as it concerns human rights1 you must bring it always to that great standard2 the two must go together2 and the ,constitution can never be interpreted in any way inconsistent with the ,declaration4 ,show me any words in the ,constitution applicable to human rights1 and ,i invoke at once the great truths of the ,declaration as the absolute guide to their meaning4 ,is it a question of power8 ,then must every word in the ,constitution be interpreted so that ,liberty and ,equality shall not fail4 ,my excellent friend from ,maine takes no notice of this4 ,he goes back to days when the ,declaration was denounced as 8a self-evident lie10 and the ,constitution was interpreted always in the interest of ,slavery4 ,sir1 ,i object to this rule4 ,i protest against it with all my mind and heart and soul4 ,i insist that just the opposite must prevail1 and ,i start with this assumption4 ,i shall not make a long argument1 for the case does not require it4 ,i desire to be brief4 ,you know the ,amendment3-- 8,,section #a4 ,neither slavery nor involuntary servitude1 except as a punishment for crime whereof the party shall have been duly convicted1 shall exist within the ,united ,states1 or any place subject to their jurisdiction4 8,,section #b4 ,congress shall have power to enforce this article by appropriate legislation40 ,here is an ,amendment abolishing ,slavery4 ,does it abolish ,slavery half1 three-quarters1 or wholly8 ,here ,i know no half1 no three-quarters2 ,i know nothing but the whole4 ,and ,i say the article abolishes ,slavery entirely1 everywhere throughout this land1--root and branch1--in the general and the particular1--in length and breadth1 and then in every detail4 ,am ,i wrong8 ,any other interpretation dwarfs the great ,amendment1 and permits ,slavery still to linger among us in some of its insufferable pretensions4 ,sir1 ,i insist upon thorough work4 ,when ,i voted for that article1 ,i meant what it said1--that ,slavery should cease absolutely1 entirely1 and completely4 ,but1 ,sir1 ,congress has already given its testimony to the true meaning of the article4 ,shortly after its adoption1 it passed what is known as the ,civil ,rights ,law1 by which the courts of justice throughout the country1 ,state as well as ,national1 are opened to colored persons1 who are authorized not only to sue and be sued1 but also to testify1--an important right most cruelly denied1 even in many of the ,northern ,states1 making the intervention of the ,nation necessary1 precisely as it is necessary now4 ,that law was passed by both ,houses of ,congress1 vetoed by the ,president1 and passed then by a two-thirds vote over the veto of the ,president1 and all in pursuance of these words3-- 8,congress shall have power to enforce this article by appropriate legislation40 ,remark1 if you please1 the energy of that expression2 ,i have often had occasion to call attention to it4 ,it is a departure from the old language of the ,constitution3-- 8,the ,congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers40 ,it is stronger1--more energetic3-- 8,congress shall have power to enforce0-- ,mark1 ,sir1 the vitality of the word-- 8to enforce this article by appropriate legislation40 ,the whole field of apt legislation is open to be employed by ,congress in enforcing ,abolition4 ,congress entered upon that field and passed the original ,civil ,rights ,act4 ,and who among us now1 unless one of my friends on the other side of the ,chamber1 questions the constitutionality of that ,act8 ,does any one8 ,does any one doubt it8 ,does any one throw any suspicion upon it8 ,would any one have it dropped from the statute-book on any ground of doubt or hesitation8 ,if there is any ,senator in this category1 ,i know him not4 ,i really should like to have him declare himself4 ,i will cheerfully yield the floor to any one willing to declare his doubts of the constitutionality of the ,civil ,rights ,act4 ,after waiting a sufficient time4 ,sir1 there is no ,senator who doubts it4 ,now1 how can any ,senator1 recognizing the constitutionality of the original ,civil ,rights ,act1 doubt the present supplementary measure8 ,each stands on the same bottom4 ,if you doubt one1 you must doubt the other4 ,if you rally against that ,amendment1 your next move should be to repeal the existing ,civil ,rights ,act as inconsistent with the ,constitution4 ,why does not my excellent friend from ,maine bring forward his bill8 ,why does he not invite the ,senate to commence the work of destruction1 to tear down that great remedial statute8 ,why is he silent8 ,why does he hang back1 and direct all his energies against the supplementary measure1 which depends absolutely upon the same constitutional power8 ,if he is in earnest against the pending motion1 he must show the same earnestness against the preliminary ,act4 ,when ,i assert that ,congress has ample power over this question1 ,i rely upon a well-known text often cited in this ,chamber1 often cited in our courts1--the judgment of the ,supreme ,court pronounced by ,chief-,justice ,marshall1 in the case of ,mc,culloch v4 ,state of ,maryland1 from which ,i will read a brief extract3-- 8,but the argument on which most reliance is placed is drawn from the peculiar language of this clause4 ,congress is not empowered by it to make all laws which may have relation to the powers conferred on the ,government1 but such only as may be #8necessary and proper' for carrying them into execution4 ,the word #8necessary' is considered as controlling the whole sentence1 and as limiting the right to pass laws for the execution of the granted powers to such as are indispensable1 and without which the power would be nugatory1--that it excludes the choice of means1 and leaves to ,congress in each case that only which is most direct and simple40 ,these words show how the case was presented to the ,court4 ,here is the statement of ,john ,marshall3-- 8,we admit1 as all must admit1 that the powers of the ,government are limited1 and that its limits are not to be transcended4 ,but we think the sound construction of the ,constitution must allow to the ,national ,legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people4 ,let the end be legitimate1 let it be within the scope of the ,constitution1 and all means which are appropriate1 which are plainly adapted to that end1 which are not prohibited1 but consist with the letter and spirit of the ,constitution1 are constitutional40#bbc ,in other words1 the ,supreme ,court will not undertake to sit in judgment on the means employed by ,congress for carrying out a power which exists in the ,constitution4 ,now the power plainly exists in the ,constitution2 it is to abolish ,slavery1 and it is for ,congress in its discretion to select the means4 ,already it has selected the ,civil ,rights ,law as the first means for enforcing the abolition of ,slavery4 ,i ask it to select the supplementary bill now pending as other means to enforce that abolition4 ,one of the letters that ,i have read to-day from a leading colored citizen of ,georgia said3 8,when that becomes a law1 the freedom of my race will then be complete40 ,it is not complete until then2 and therefore1 in securing that freedom1 in other words in enforcing the ,constitutional ,amendment1 ,congress is authorized to pass the bill which ,i have felt it my duty to introduce1 and which is now moved on the ,amnesty ,bill4 ,i might proceed with this argument4 ,but details would take time1 and ,i think they are entirely needless4 ,the case is too strong4 ,it needs no further argument4 ,you have the positive grant of power4 ,you have already one instance of its execution1 and you have the solemn decision of the ,supreme ,court of the ,united ,states declaring that it is in the discretion of ,congress to select the means by which to enforce the powers granted4 ,how1 ,sir1 can you answer this conclusion8 ,how can my excellent friend answer it8 ,were ,i not profoundly convinced that the conclusion founded on the ,thirteenth ,amendment was unanswerable1 so as to make further discussion surplusage1 ,i should take up the ,fourteenth ,amendment1 and show how1 in the first place1 we have there the definition of a ,citizen of the ,united ,states1 and then1 in the second place1 an inhibition upon the ,states1 so that they cannot make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states1 nor deny to any person within the jurisdiction of the ,united ,states the equal protection of the laws4 ,and here again ,congress is empowered to enforce these provisions by appropriate legislation4 ,surely1 if there were any doubt in the ,thirteenth ,amendment1 as there is not1 it would all be removed by this supplementary ,amendment4 ,here is the definition of ,citizenship1 and the right to the equal protection of the laws1--in other words1 ,citizenship and ,equality1 both placed under the safeguard of the ,nation4 ,whatever will fortify these is within the power of ,congress by express grant4 ,but if these are interpreted by the ,declaration of ,independence1 as ,i insist1 the conclusion is still more irresistible4 ,add the original text of the ,constitution1 declaring that 8the citizens of each ,state shall be entitled to all privileges and immunities of citizens in the several ,states40 ,these words1 already expounded by judicial interpretation1#bbd are now elevated and inspired by the new spirit breathing into them the breath of a new life1 and making them yet another source of ,congressional power for the safeguard of equal rights4 ,but ,i have not done with my friend4 ,i am going to hand him over to be answered by one of his colored fellow-citizens who has no privilege on this floor4 ,i put ,george ,t4 ,downing face to face with my excellent friend1 the ,senator from ,maine4 ,the ,senator will find his argument in one of the papers of the day4 ,i shall read enough to show that he understands the question1 even constitutionally3-- 8,but ,i come directly10 says he1 8to #8misconception1'--to thwarting justice4 ,the ,senator0-- ,referring to the ,senator from ,maine-- 8opposes ,senator ,sumner's amendment2 he says it invokes an implication of some principle or provision of the ,constitution somewhere1 or an implication arising from the general fitness of things possibly1 to enable it to invade the domiciliary rights of the citizens of a ,state40 ,these were the precise words of the ,senator2 ,i remember them well2 ,i was astonished at them4 ,i could not understand by what delusion1 hallucination1 or special ignis-fatuus the ,senator was led into the idea that in this bill there is any suggestion of invading the domiciliary rights of the citizens of the ,states4 ,why1 ,sir1 the ,senator has misread the bill4 ,i will not say he has not read it4 ,he certainly has misread it4 ,and now let our colored fellow-citizen answer him3-- 8,i do not speak unadvisedly1 when ,i declare that no such end is desired by a single intelligent colored man2 no such design can be gleaned from any word ever spoken by ,charles ,sumner2 his amendment cannot by any reasonable stretch of the imagination be open to the implication40 ,not a ,senator1 not a lawyer says that2 it is only one of our colored fellow-citizens whom the ,senator would see shut out of the cars1 shut out of the hotels1 his children shut out from schools1 and himself shut out from churches2 and seeing these things1 the ,senator would do nothing1 because ,congress is powerless6 ,our colored fellow-citizen proceeds3-- 8,the amendment says that all citizens1 white and black1 are entitled to the equal and impartial enjoyment of any accommodation1 advantage1 facility1 or privilege furnished by common carriers1 by innkeepers1 by licensed theatres1 by managers of common schools supported by general taxation or authorized by law4 ,does any of the same invade the domiciliary rights of a citizen in any ,state80 ,that is not my language1 ,sir2 it is ,mr4 ,downing's4 8,could any man1 white or black1 claim a right of entrance into the domicile of the poorest1 the humblest1 the weakest citizen of the ,state of ,maine by virtue of ,mr4 ,sumner's amendment1 when it shall become a law8 ,certainly not2 a man's private domicile is his own castle3 no one1 with even kingly pretensions1 dare force himself over its threshold4 ,but the public inn1 the public or common school1 the public place of amusement1 as well as common carriers1 asking the special protection of law1 created through its action on the plea and for the benefit of the public good1 have no such exclusive right as the citizen may rightfully claim within his home2 and it seems to me to be invoking the aid of an unholy prejudice in attempting to force the idea that ,mr4 ,sumner desires1 or that the colored people in petitioning for civil rights are designing1 to break into social circles against the wish of those who compose them40 ,it is difficult to answer that4 ,the writer proceeds3-- 8,i have the testimony of ,senator ,morrill1 this same ,senator1 to the fact #8that equality before the law1 without distinction of race or color1' is a constitutional right1--for we have his declaration to that effect recorded1 and further setting forth that it is #8the duty of the ,circuit ,court of the ,united ,states to afford a speedy and convenient means for the arrest and examination of persons charged with a disregard of the same4' 7,see proceedings of ,senate1 ,april1 #ahff470 ,i have not verified this reference2 ,i read it as ,i find it4 ,the ,senator will know whether he has heretofore employed such generous language1 in just conformity with the ,constitution4 ,assuming now that he has used this language1 ,i think1 as a lawyer1 he will feel that ,george ,t4 ,downing has the better of him4 ,i ask my friend to listen1 and perhaps he will confess3-- 8,if equality before the law be a constitutional right1 as testified to by ,mr4 ,morrill1 and if it be the duty of the ,federal courts to protect the same1 as he further affirms1 is not all conceded as to the right of ,congress to act in the case in question1 when it is shown that the public inn1 the public school1 the common carrier1 are necessary institutions under the control of law1 where equality without regard to race or color may be enforced8 ,can there be any question as to the same8 8,i further invoke the letter of the ,constitution in behalf of ,congressional action to protect me in the rights of an ,american citizen2 for instance10-- ,again ,i say1 this is not the argument of a ,senator1 nor of a lawyer1 but only of one of those colored fellow-citizens for whom my friend can find no protection1-- 8for instance1 that article which says1 #8,the judicial power shall extend to all cases in law and equity arising under this ,constitution4' ,if equality before the law be1 as ,mr4 ,morrill has declared1 a constitutional right1 the judicial power of the ,united ,states reaches the same4 ,another section says1 #8,the citizens of each ,state shall be entitled to all privileges and immunities of citizens in the several ,states4'0 ,the writer is not content with one clause of the ,constitution3-- 8,another section says1 #8,no ,state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states4' ,another section says1 #8,the ,united ,states shall guaranty to every ,state in this ,union a republican form of government4' ,the section last cited contemplates a case where a controlling power shall strive to have it otherwise1 and the subordinated individuals need protection4 ,congress is left the judge of what constitutes a republican form of government1 and consequently of the rights incidental thereto40 ,then again3-- 8,another section says1 #8,this ,constitution1 and the laws of the ,united ,states which shall be made in pursuance thereof1 shall be the supreme law of the land4' ,another section says1 #8,the ,congress shall have power to make all laws which shall be necessary and proper for carrying into execution the powers vested by this ,constitution in the ,government of the ,united ,states4' ,will it be said that the power is not vested in the ,government of the ,united ,states to protect the rights of its citizens1 and that it is not necessary and proper to do so8 8,the ,senator admits that there is a constitutional inhibition against proscribing men because of their race or color in the enjoyment of rights and privileges1 but he denies the existence of a constitutional right on the part of ,congress to act in defence of the supreme law1 when a ,state may disregard the ,constitution in this respect4 ,i read the ,constitution otherwise4 ,i conclude1 that1 when the supreme law says of right a thing shall not be1 ,congress1 which has that supreme law as its guide and authority1 has the power to enforce the same40 ,that1 ,sir1 is the reply of a colored fellow-citizen to the speech of my excellent friend4 ,i ask ,senators to sit in judgment between the speech and the reply4 ,i ask if my excellent friend is not completely answered by ,george ,t4 ,downing8 ,if the latter has been able to do this1 it is because of the innate strength of his own cause and the weakness of that espoused by the ,senator4 ,our colored commentator places himself on the texts of the ,constitution1 and interprets them liberally1 justly1 for the equal rights of his race4 ,the ,senator places himself on those same texts1 but in an evil moment surrenders to that malignant interpretation which prevailed before the war and helped to precipitate the ,rebellion4 ,sir1 ,i ask1 ,is not the constitutionality of this measure vindicated8 ,does any one really doubt its constitutionality8 ,can any one show a reason against it8 ,sir1 it is as constitutional as the ,constitution itself4 ,you may arraign that great charter2 you may call it in doubt2 you may say that it is imperfect1 that it is wrong2 but ,i thank ,god it exists to be our guide and master1 so that even my excellent friend1 the able and ingenious ,senator1 snatching reasons1 if not inspiration1 from ante bellum arguments1 when ,state ,rights were the constant cry1 and from speeches in other days1 cannot overturn it4 ,the ,constitution still lives1 and as long as it lives it must be interpreted by the ,declaration of ,independence to advance human rights4 ,this is my answer to the ,senator on the question of power1 to which he invited attention4 ,i have spoken frankly1 ,i hope not unkindly3 but on this question ,i must be plain and open4 ,nor is this all4 ,sir1 there is a new force in our country4 ,i have alluded to a new rule of interpretation2 ,i allude now to a new force3 it is the colored people of the ,united ,states counted by the million2 a new force with votes2 and they now insist upon their rights4 ,they appear before you in innumerable petitions1 in communications1 in letters1 all praying for their rights4 ,they appeal to you in the name of the ,constitution1 which is for them a safeguard1--in the name of that great victory over the ,rebellion through which peace was sealed2 and they remind you that they mean to follow up their appeal at the ballot-box4 ,i have here an article in the last 8,new ,national ,era10 of ,washington1 a journal edited by colored persons1--,frederick ,douglass is the chief editor1--and devoted to the present ,administration4 ,what does it say8 8,here1 then1 is a measure1 just and necessary1 the embodiment of the very principles upon which the ,government is founded1 and which distinguish it from monarchical and aristocratic ,governments1--a measure upon which there should be no division in the ,republican ,party in ,congress1 and of which there is no question as to its being of more importance than ,amnesty4 ,without this measure ,amnesty will be a crime1 merciless to the loyal blacks of the ,south1 and an encouragement of treason and traitors4 ,we have met colored politicians from the ,south who think that the ,amnesty proposition is an attempt to gain the good-will of the white voters of the ,south at the expense of the colored voters4 ,should this feeling become general among the colored people1 there is danger of a division of the colored vote to such an extent as to defeat the ,republican ,party4 ,give us the just measure of protection of our civil rights before the pardoning of those who deny us our rights and who would destroy the nation1 and the colored people can feel assured that they are not to be forced into a back seat1 and that traitors are not to be exalted40 ,is not this natural8 ,if you1 ,sir1 were a colored citizen1 would you not also thus write8 ,would you not insist that you must doubt any political party1 pretending to be your friend1 that failed in this great exigency8 ,i know you would4 ,i know you would take your vote in your hand and insist upon using it so as to secure your own rights4 ,the testimony accumulates4 ,here is another letter1 which came this morning1 signed1 8,an ,enfranchised ,republican10 dated at ,washington1 and published in the 8,new ,york ,tribune40 ,it is entitled1 8,president ,grant and the ,colored ,people40 ,the writer avows himself in favor of the renomination of ,general ,grant1 but does not disguise his anxiety at what he calls 8the ,president's unfortunate reply to the colored delegation which lately waited on him40 ,now1 ,sir1 in this sketch you see a slight portraiture of a new force in the land1 a political force which may change the balance at any election1--at a ,state election1 at a ,presidential election even4 ,take1 for instance1 ,pennsylvania4 ,there are colored voters in that ,state far more than enough to turn the scale one way or the other1 as they incline2 and those voters1 by solemn petition1 appeal to you for their rights4 ,the ,senator from ,maine rises in his place and gravely tells them that they are all mistaken1 that ,congress has no power to give them a remedy1--and he deals out for their comfort an ancient speech4 ,sir1 ,i trust ,congress will find that it has the power4 ,one thing ,i know3 if it has the power to amnesty ,rebels1 it has the power to enfranchise colored fellow-citizens4 ,the latter is much clearer than the former4 ,i do not question the former2 but ,i say to my excellent friend from ,maine that the power to remove the disabilities of colored fellow-citizens is1 if possible1 stronger1 clearer1 and more assured than the other4 ,unquestionably it is a power of higher necessity and dignity4 ,the power to do justice leaps forth from every clause of the ,constitution2 it springs from every word of its text2 it is the inspiration of its whole chartered being4 ,mr4 ,president1 ,i did not intend to say so much4 ,i rose to-day merely to enable the absent to speak1--that colored fellow-citizens1 whose own ,senators had failed them1 might be heard through their written word4 ,i did not intend to add anything of my own2 but the subject is to me of such incalculable interest1 and its right settlement is so essential to the peace of this country1 to its good name1 to the reconciliation we all seek1 that ,i could not resist the temptation of making this further appeal4 ,february #ast1 ,mr4 ,carpenter1 of ,wisconsin1 in an elaborate speech1 replied to ,mr4 ,sumner1 and criticized his bill1 especially so far as it secured equal rights in churches and juries4 ,february #eth1 in pursuance of the opposition announced in his speech1 ,mr4 ,carpenter moved another bill as a substitute for ,mr4 ,sumner's4 ,mr4 ,norwood1 of ,georgia1 sustained the substitute2 ,mr4 ,wilson of ,massachusetts1 ,mr4 ,frelinghuysen of ,new ,jersey1 and ,mr4 ,morton of ,indiana predicated the earlier proposition4 ,mr4 ,sumner then replied to ,mr4 ,carpenter4 ,before the vote is taken1 ,i hope the ,senate will pardon me1 if ,i explain briefly the difference between the two amendments4 ,first let me say a word in regard to the way in which the amendment moved by me comes before the ,senate4 ,even this circumstance has been dwelt on in this debate1 and ,i have been criticized--,i think not always justly--on that account4 ,here is a memorandum made for me at the desk from the ,journal of the ,senate1 which shows the history of this amendment4 ,i will read it4#bbe ''' ,at last1 during this session1 before the holidays1 when the present measure of ,amnesty was under consideration1 ,i found for the first time a chance4 ,twice had ,i introduced the bill1 and on my motion it was referred to the ,judiciary ,committee1 who had twice reported against it4 ,sir1 was ,i to be discouraged on that account8 ,no committee enjoys higher authority on this floor than the ,judiciary ,committee2 but ,i have been here long enough to know that its reports do not always find favor4 ,have we not during this very session1 within a very few days1 seen that committee overruled on the ,apportionment question8 ,,reply ,,to ,,mr4 ,,carpenter4 ,therefore1 ,sir1 ,i am not without precedent1 when ,i bring forward an important measure and ask your votes1 even though it have not the sanction of this important committee4 ,i wish it had their sanction2 but ,i do not hesitate to say that this bill is more important to the ,judiciary ,committee than that committee is important to the bill4 ,in this matter the committee will suffer most4 ,a measure like this1 which links with the ,national ,constitution1 and with the ,declaration of ,independence1 if the ,senator from ,wisconsin will pardon me-- ,,mr4 ,,carpenter4 ,i rise to ask why that inquiry is made of me4 ,have ,i criticized allusions to the ,declaration of ,independence8 ,,mr4 ,,sumner4 ,i feared the ,senator would not allow allusion to the ,declaration1 except as a 8revolutionary0 document4 ,i say1 this measure1 linked as it is with the great title-deeds of our country1 merits the support not only of the ,judiciary ,committee1 but of this ,chamber4 ,the ,senate cannot afford to reject it4 ,sir1 ,i am weak and humble2 but ,i know that when ,i present this measure and plead for its adoption ,i am strong1 because ,i have behind me infinite justice and the wrongs of an oppressed race4 ,the measure is not hasty4 ,it has been carefully considered already in this ,chamber1 much considered elsewhere1 considered by lawyers1 by politicians1--ay1 ,sir1 and considered by our colored fellow-citizens1 whose rights it vindicates4 ,but at the eleventh hour the ,senator comes forward with a substitute which is to a certain extent an emasculated synonym of the original measure1 seeming to be like and yet not like1 feeble where the original is strong1 incomplete where the original is complete1 petty where the original is ample1 and without machinery for its enforcement1 while the original is well-supplied and most effective4 ,that you may understand the amendment introduced by me1 ,i call attention to the original ,civil ,rights ,act1 out of which it grows and to which it is a supplement4 ,that great statute was passed ,april #i1 #ahff1 and is entitled1 8,an ,act to protect all persons in the ,united ,states in their civil rights1 and to furnish the means of their vindication40#bbf ,it begins by declaring who are citizens of the ,united ,states1 and then proceeds3-- 8,such citizens1 of every race and color1 without regard to any previous condition of slavery or involuntary servitude1 except as a punishment for crime whereof the party shall have been duly convicted1 shall have the same right1 in every ,state and ,territory in the ,united ,states10-- ,to do what8 8to make and enforce contracts1 to sue1 be parties1 and give evidence1 to inherit1 purchase1 lease1 sell1 hold1 and convey real and personal property1 and to full and equal benefit of all laws and proceedings for the security of person and property1 as is enjoyed by white citizens1 and shall be subject to like punishment1 pains1 and penalties1 and to none other1 any law1 statute1 ordinance1 regulation1 or custom1 to the contrary notwithstanding40 ,the ,senate will perceive that this ,act operates not only in the ,national but in the ,state jurisdiction4 ,no person will question that4 ,it operates in every ,national court and in every ,state court4 ,the language is1 8in every ,state and ,territory in the ,united ,states40 ,every ,state court is opened4 ,persons without distinction of color are entitled to sue and be sued1 especially to be heard as witnesses1 and the colored man may hold up his hand as the white man4''' ,now ,i ask the ,senator from ,wisconsin to consider what is the difference in character between the right to testify and the right to sit on a jury4 ,,mr4 ,,carpenter4 ,or on the bench4 ,,mr4 ,,sumner4 ,the ,senator will allow me to put the question in my own way4 ,i say nothing about the bench1 and the ,senator is too good a lawyer not to see why4 ,he knows well the history of trial by jury2 he knows that at the beginning jurors were witnesses from the neighborhood1--afterward becoming judges1 not of law1 but of fact4 ,they were originally witnesses from the vicinage2 so that1 if you go back to the very cradle of our jurisprudence1 you find jurors nothing but witnesses3 and now ,i insist that they must come under the same rule as witnesses4 ,if the courts are opened to colored witnesses1 ,i insist by the same title they must be opened to colored jurors4 ,call the right political or civil1 according to the distinction of the ,senator4 ,no matter4 ,the right to be a juror is identical in character with the right to be a witness4 ,i know not if it be political or civil2 it is enough for me that it is a right to be guarded by the ,nation4 ,i say nothing about judges2 for the distinction is obvious between the two cases4 ,i speak now of colored jurors2 and ,i submit1 as beyond all question1 that every reason or argument which opens the courts to colored witnesses must open them to colored jurors4 ,the two go together1 as natural yoke-fellows4 ,but do not1 ,sir1 forget the necessity of the case4 ,how can justice be administered throughout ,states thronging with colored fellow-citizens1 unless you have them on the juries8 ,denying to colored fellow-citizens their place on the juries1 you actually deny them justice4 ,this is plain1 and presents a case of startling wrong4 ,i am in the receipt of letters almost daily1 complaining of the impossibility of obtaining justice in ,state courts because colored fellow-citizens are excluded from juries4 ,i say1 therefore1 from the necessity of the case1 and also from the analogy of witnesses1 the courts should be opened to colored jurors4 ,the ,senator makes a mistake1 when he deals his blow in the very ,temple of ,justice4 ,he strikes down the safeguards of justice for the whole colored race2 and what is the excuse8 ,that to sit on the jury is a question of politics1--that it is a political right1 and not a civil right4 ,sir1 ,i cannot bring myself to make any question whether it is a civil right or a political right2 it is a right4 ,it is a right which those men have by the ,law of ,nature1 and by the ,national ,constitution interpreted by the ,national ,declaration4 ,but1 ,sir1 not content with striking at the colored race even in the very ,temple of ,justice1 the ,senator1 finding an apology in the ,constitution1 insists upon the very exclusion from churches which the famous ,petroleum ,v4 ,nasby had set up before4 ,from juries ,i now come to churches4 ,the ,senator is not original2 he copies1 as ,i shall show1 from a typical ,democrat1 who flourished during the war4 ,but before ,i come to his prototype1 let us consider the constitutional question presented by the ,senator with so much gravity1 without even the smile that plays so readily on his countenance4 ,he seemed in earnest1 when he read these words of the ,national ,constitution3-- 8,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof40 ,and still without a smile he argued that the application of the great political principles of the ,declaration and of the recent ,constitutional ,amendments to a church organization incorporated by law was a violation of this provision1 and he adduced the work of the much-venerated friend of my early life1 and my master1 the late ,judge ,story1 expounding that provision4 ,i do not know if the ,senator read these words from the commentary of that great jurist3-- 8,the real object of the ,amendment was not to countenance1 much less to advance1 ,mahometanism1 or ,judaism1 or infidelity1 by prostrating ,christianity1 but to exclude all rivalry among ,christian sects10-- ,observe1 ,sir1 what it is1-- 8but to exclude all rivalry among ,christian sects1 and to prevent any national ecclesiastical establishment1 which should give to a hierarchy the exclusive patronage of the ,national ,government40#bbg ,how plain and simple6 ,the real object was to exclude all rivalry among ,christian sects1 and to prevent any national ecclesiastical establishment4 ,such was the real object4 ,but the ,senator says1 if ,congress decrees that the ,declaration of ,independence in its fundamental principles is applicable to a church organization incorporated by ,state or ,national authority1 we violate this provision of the ,constitution6 ,you heard him1 ,sir2 ,i do no injustice to his argument4 ,our authority1 ,judge ,story1 continues in another place3-- 8,it was under a solemn consciousness of the dangers from ecclesiastical ambition1 the bigotry of spiritual pride1 and the intolerance of sects1 thus exemplified in our domestic as well as in foreign annals1 that it was deemed advisable to exclude from the ,national ,government all power to act upon the subject40#bbh ,to act upon what8 ,the subject of a religious establishment4 ,no pretence here of denying to ,congress the establishment of police regulations1 if you please1 or the enforcement by law of the fundamental principles of the ,declaration of ,independence4 ,there is nothing in this text inconsistent with such a law4 ,the ,constitution forbids all interference with religion4 ,it does not forbid all effort to carry out the primal principles of republican institutions4 ,now1 ,sir1 here is no interference with religion4 ,i challenge the ,senator to show it4 ,there is simply the assertion of a political rule1 or1 if you please1 a rule of political conduct4 ,why1 ,sir1 suppose the manners and morals which prevailed among the clergy of ,virginia during the early life of ,mr4 ,jefferson1 and recently revealed by the vivid pen of one of our best writers1 should find a home in the churches of ,washington4 ,you have read ,mr4 ,parton's account in a late number of the 8,atlantic ,monthly40#bbi ,suppose ,congress1 taking into consideration the peculiar circumstances1 should give expression to public sentiment and impose a penalty for such scandalous conduct here under our very eyes2 would that be setting up an ,established ,church8 ,would that be a violation of the ,national ,constitution1 in the provision which the ,senator invokes1 8,congress shall make no law respecting an establishment of religion08 ,and yet1 in the case ,i suppose1 ,congress would enter the churches2 it might be only in the ,district of ,columbia2 but the case shows how untenable is the position of the ,senator1 according to which the effort of ,congress to preserve churches from the desecration of intemperance would be kindred to setting up an established religion4 ,there is a desecration as bad as intemperance1 which ,i now oppose4 ,i introduce the case of intemperance only as an illustration4 ,and now1 ,sir1 ,i come to the question4 ,suppose ,congress declares that no person shall be excluded from any church on account of race1 color1 or previous condition2 where is the interference with the constitutional provision8 ,is that setting up a church establishment8 ,oh1 no1 ,sir6 ,it is simply setting up the ,declaration of ,independence in its primal truths1 and applying them to churches as to other institutions4 ,,mr4 ,,carpenter4 ,will my friend allow me1--not for the purpose of interrupting him1 but to come to the point8 ,suppose ,congress should pass a law that in no church in this country should the ,host be exalted during divine service4 ,,mr4 ,,sumner4 ,the ,senator knows well the difference4 ,this is a religious observance4 ,congress cannot interfere with any religious observance4 ,congress can do nothing to set up a religious establishment4 ,it can make no law respecting an establishment of religion4 ,but the ,senator must see that in the case he puts1 the proposed law would be the very thing prohibited by the ,constitution4 ,i thank him for that instance4 ,i propose no interference with any religious observance1--not in the least3 far from it4 ,sir1 the case is clear as day4 ,all that ,i ask is1 that1 in harmony with the ,declaration of ,independence1 there be complete equality before the law everywhere1--in the inn1 on the highway1 in the common school1 in the church1 on juries1--ay1 ,sir1 and in the last resting-place on earth4 ,the ,senator steps forward and says3 ,no1--,i cannot accept equality in the church4 ,there the ,constitutional ,amendments interpreted by the ,declaration are powerless2 there a ,white ,man's ,government shall prevail4 ,a church organization may be incorporated by ,national or ,state authority1 and yet allowed to insult brothers of the human family on account of the skin4 ,in the church this outrage may be perpetrated1--because to forbid it would interfere with religion and set up an establishment4 ,such1 ,sir1 is the argument of the ,senator2 and he makes it in the name of ,religious ,liberty6 ,good ,god1 ,sir6 ,religious liberty6 ,the liberty to insult a fellow-man on account of his skin6 ,you listened to his eloquent1 fervid appeal4 ,i felt its eloquence1 but regretted that such power was employed in such a cause4 ,i said1 that1 consciously or unconsciously1 he had copied ,petroleum ,v4 ,nasby1 in the letter of that renowned character entitled1 8,goes on with his ,church10 from which ,i read a brief passage3-- 8,,church ,,of ,,st4 ,,vallandigum1 8,june the #ajth1 #ahfc4 8,we hed a blessid and improvin time yisterday4 ,my little flock staggered in at the usual hour in the mornin1 every man in a heavenly frame uv mind1 hevin bin ingaged all nite in a work uv mercy1 to wit3 a mobbin uv two enrollin officers4 ,one uv em resisted1 and they smote him hip and thigh1 even ez ,bohash smote ,jaheel4 7,skriptooral1 wich is nessary1 bein in the ministry47 ,he wuz left for dead4 8,we opened servis by singin a hym1 wich ,i writ1 commencin ez follows3-- 8,shel niggers black this land possess1 ,and mix with us up here8 ,o1 no1 my friends2 we rayther guess ,we'll never stand that 'ere40#bcj ,laughter4 ,i ask if that is not the ,senator's speech8 ,laughter4 ,i know not whether it is necessary for me to go further4 ,something more1 ,i might say4 ,very well1 ,i will2 the ,senator rather invites me4 ,the ,senator becomes here the representative of ,caste2 and where1 ,sir8 ,in a ,christian church2 and while espousing that cause1 he pleads the ,national ,constitution4 ,now1 ,sir1 ,i have to repeat--and here ,i am determined not to be misunderstood--we have no right to enter the church and interfere in any way with its religious ordinances1 as with the raising of the ,host2 but when a church organization asks the benefit of the law by an act of incorporation1 it must submit to the great primal law of the ,union1--the ,constitution of the ,united ,states1 interpreted by the ,declaration of ,independence4 ,the ,senator smiles again2 ,i shall come to that by-and-by4 ,whenever a church organization seeks incorporation1 it must submit to the great political law of the land4 ,it can have the aid it seeks only by submitting to this political law4 ,here is nothing of religion2 it is the political law1 the law of justice1 the law of ,equal ,rights4 ,the ,senator says1 ,no2 they may do as they please in churches1 because they are churches1 because they are homes of religion1 of ,christianity2 there they may insult on account of the skin4 ,i call that a vindication of ,caste1 and ,caste in one of its most offensive forms4 ,you all know1 ,sir1 the history of ,caste4 ,it is the distinction of which we first have conspicuous record in the ,east1 though it has prevailed more or less in all countries2 but it is in the ,east that it showed itself in such forms as to constitute the type by which we describe the abuse4 ,it is an offensive difference between persons founded on birth1 not unlike that maintained among us on account of a skin received from birth4 ,and now pardon me1 if ,i call attention to the way in which this discrimination has been characterized by the most eminent persons familiar with it4 ,i begin with the words of an estimable character known in religion and also in poetry1--,bishop ,heber1 of ,calcutta1 who pictured ,caste in these forcible terms3-- 8,a system which tends1 more than anything else the ,devil has yet invented1 to destroy the feelings of general benevolence1 and to make nine-tenths of mankind the hopeless slaves of the remainder40#bca ,then comes the testimony of ,rev4 ,mr4 ,rhenius1 a zealous and successful missionary in the ,east3-- 8,i have found ,caste1 both in theory and practice1 to be diametrically opposed to the ,gospel1 which inculcates love1 humility1 and union2 whereas ,caste teaches the contrary4 ,it is a fact1 in those entire congregations where ,caste is allowed1 the spirit of the ,gospel does not enter2 whereas in those from which it is excluded we see the fruits of the ,gospel spirit40 99 99 99 99 99 ,,mr4 ,,carpenter4 ,will the ,senator allow me to interrupt him to ask whether these commentaries are read for the purpose of construing the ,constitution of the ,united ,states8 ,that is the only point of difference between us4 ,,mr4 ,,sumner4 ,the ,senator will learn before ,i am through4 ,i shall apply them4 ,after quoting other authorities1 ,mr4 ,sumner proceeded3-- ,these witnesses are strong and unimpeachable4 ,in ,caste1 ,government is nurturing a tremendous evil1--a noxious plant1 by the side of which the ,graces cannot flourish1--part and parcel of ,idolatry1--a system which1 more than anything else the ,devil has yet invented1 tends to destroy the feelings of general benevolence4 ,such is ,caste1--odious1 impious1 accursed1 wherever it shows itself4 ,now1 ,sir1 ,i am ready to answer the inquiry of the ,senator1 whether ,i read these as an interpretation of the ,constitution of the ,united ,states4 ,not precisely2 but ,i do read them to exhibit the outrage which seems to find a vindicator in the ,senator from ,wisconsin1--in this respect1 at least1 that he can look at the ,national ,constitution1 interpreted by the ,national ,declaration1 proclaiming the ,equal ,rights of ,all1 and find no word empowering ,congress to provide that in churches organized by law this hideous outrage shall cease4 ,i think ,i do no injustice to the ,senator4 ,he finds no power4 ,he tells us that if we exercise this power we shall have an ,established ,church1 and he invokes the ,national ,constitution4 ,sir1 ,i1 too1 invoke the ,national ,constitution1--not in one solitary provision1 as the ,senator does1 but from its ,preamble to its last ,amendment1--and ,i invoke the ,declaration of ,independence4 ,the ,senator may smile4 ,i know how he treats that great charter4 ,i know how in other days he has treated it4 ,but1 ,sir1 the ,declaration survives4 ,it has been trifled with1 derided1 insulted often on this floor1 but it is more triumphant now than ever4 ,its primal truths1 announced as self-evident1 are more commanding and more beaming now than when first uttered4 ,they are like the sun in the heavens1 with light and warmth4 ''' ,sir1 is not the ,senator answered8 ,is not the distinction clear as noonday between what is prohibited by the ,constitution and what is proposed by my amendment8 ,the difference between the two is as wide as between the sky and the earth4 ,they cannot be mingled4 ,there is no likeness1 similitude1 or anything by which they can be brought together4 ,the ,senator opposes a religious amendment4 ,i assert that there shall be no political distinction2 and that is my answer to his argument on churches4 ,and now1 ,sir1 may ,i say1 in no unkindness1 and not even in criticism1 but simply according to the exigencies of this debate1 that the ,senator from ,wisconsin has erred8 ,if you will listen1 ,i think you will see the origin of his error4 ,i do not introduce it here2 nor should ,i refer to it1 if he had not introduced it himself4 ,the ,senator has never had an adequate idea of the ,great ,declaration4 ,the ,senator smiles4 ,i have been in this ,chamber long enough to witness the vicissitudes of opinion on our ,magna ,charta4 ,i have seen it derided by others more than it ever was by the ,senator from ,wisconsin4 ,,mr4 ,,carpenter4 ,i should like to ask the ,senator from ,massachusetts when he ever heard me deride it4 ,,mr4 ,,sumner4 ,the ,senator will pardon me2 ,i am coming to that4 ,the ,senator shall know4 ,the person who first in this ,chamber opened assault upon the ,declaration was ,john ,c4 ,calhoun1 in his speech on the ,oregon ,bill1 ,june #bg1 #ahdh4 ,he denounced the claim of equality as 8the most false and dangerous of all political errors02 and he proceeded to say that it 8has done more to retard the cause of ,liberty and ,civilization1 and is doing more at present1 than all other causes combined40 ,he then added1 that 8for a long time it lay dormant1 but in the process of time it began to germinate and produce its poisonous fruits10#bcb--these poisonous fruits being that public sentiment against ,slavery which was beginning to make itself felt4 ,this extravagance naturally found echo from his followers4 ,mr4 ,pettit1 a ,senator from ,indiana1 after quoting 8,we hold these truths to be self-evident1 that all men are created equal10 proceeded3-- 8,i hold it to be a self-evident lie4 ,there is no such thing4 ,sir1 tell me that the imbecile1 the deformed1 the weak1 the blurred intellect in man is my equal1 physically1 mentally1 or morally1 and you tell me a lie4 ,tell me1 ,sir1 that the slave in the ,south1 who is born a slave1 and with but little over one-half the volume of brain that attaches to the northern ,european race1 is his equal1 and you tell what is physically a falsehood4 ,there is no truth in it at all40#bcc ,this was in the ,senate1 ,february #bj1 #ahed4 ,of course it proceeded on a wretched misconstruction of the ,declaration1 which announced equality of rights and not any other equality1 physical1 intellectual1 or moral4 ,it was a declaration of rights1--nor more nor less4 ,then1 in the order of impeachment1 followed a remarkable utterance from a much-valued friend of my own and of the ,senator1 the late ,rufus ,choate1 who1 without descending into the same particularity1 seems to have reached a similar conclusion1 when1 in addressing political associates1 he characterized the ,declaration of ,independence as 8that passionate and eloquent manifesto of a revolutionary war10 and then again spoke of its self-evident truths as 8the glittering and sounding generalities of natural right40#bcd ,this was in his letter to the ,maine ,whig ,state ,central ,committee1 ,august #i1 #ahef4 ,in my friendship for this remarkable orator1 ,i can never think of these too famous words without a pang of regret4 ,this great question became a hinge in the memorable debate between ,mr4 ,douglas and ,mr4 ,lincoln in the contest for the ,senatorship of ,illinois1 when the former said1 in various forms of speech1 that 8the ,declaration of ,independence only included the white people of the ,united ,states02#bce and ,abraham ,lincoln replied1 that 8the entire records of the world1 from the date of the ,declaration of ,independence up to within three years ago1 may be searched in vain for one single affirmation1 from one single man1 that the negro was not included in the ,declaration40#bcf ,this was in ,mr4 ,lincoln's speech at ,galesburg1 ,october #g1 #aheh4 ,elsewhere he repeated the same sentiment4 ,andrew ,johnson renewed the assault4 ,after quoting the great words of the ,declaration1 he said in this ,chamber1 ,december #ab1 #ahei3-- 8,is there an intelligent man throughout the whole country1 is there a ,senator1 when he has stripped himself of all party prejudice1 who will come forward and say that he believes that ,mr4 ,jefferson1 when he penned that paragraph of the ,declaration of ,independence1 intended it to embrace the ,african population8 ,is there a gentleman in the ,senate who believes any such thing8''' ,there is not a man of respectable intelligence who will hazard his reputation upon such an assertion40#bcg ,all this is characteristic of the author1 as afterward revealed to us4 ,then1 ,sir1 in the list we skip to ,april #e1 #ahgj1 when the ,senator from ,wisconsin ranges himself in the line1 characterizing the great truths of the ,declaration as 8the generalities of that revolutionary pronunciamento40 ,in reply to myself1 he rebuked me1 and said that it was my disposition1 if ,i could not find a thing in the ,constitution1 to seek it in the ,declaration of ,independence1--and if it were not embodied in 8the generalities of that revolutionary pronunciamento10 then to go still further4#bch ,i present this exposition with infinite reluctance2 but the ,senator makes it necessary4 ,in his speech the other day1 he undertook to state himself anew with regard to the ,declaration4 ,he complained of me because ,i made the ,national ,constitution and the ,national ,declaration coqual1 and declared1 that1 if preference be given to one1 it must be to the ,declaration4 ,to that he replied3-- 8,now the true theory is plain40 ,mr4 ,president1 you are to have the 8true theory0 on this important question3-- 8,if the ,senator from ,massachusetts says1 that in doubtful cases it is the duty of a court1 or the duty of the ,senate1 or the duty of any public officer1 to consider the ,declaration of ,independence1 he is right4 ,so he must consider the whole history of this country2 he must consider the history of the ,colonies1 the ,articles of ,confederation1 all anterior history4 ,that is a principle of ,municipal ,law4 ,a contract entered into between two individuals1 in the language of the cases1 must be read in the light of the circumstances that surrounded the parties who made it4 ,certainly the ,constitution of the ,united ,states must be construed upon the same principle2 and when we are considering a doubtful question1 the whole former history of the country1 the ,declaration of ,independence1 the writings of ,washington and of ,jefferson and of ,madison1 the writings in #8,the ,federalist1'--everything that pertained to that day and gives color and tone to the ,constitution1 must be considered40#bci ,plainly1 here is improvement4 ,there is no derision4 ,the truths of the ,declaration are no longer 8the generalities of that revolutionary pronunciamento40 ,,mr4 ,,carpenter4 ,oh1 yes1 it is2 ,i stand by that4 ,,mr4 ,,sumner4 ,the ,senator stands by that4 ,very well4 ,,mr4 ,,carpenter4 ,i glory in it4 ,i glory in all the history of that revolutionary period1 our revolutionary fathers1 our revolutionary war4 ,it is the ,revolution that ,i make my stand upon4 ,,mr4 ,,sumner4 ,then1 as the ,senator from ,vermont ,mr4 ,,edmunds remarks1 the ,senator should give some effect to what he glories in4 ,i hope he will not take it all out in glory1 but will see that a little of it is transfused into ,human ,rights4 ,,mr4 ,,carpenter4 ,all that is consistent with the express provisions of the ,constitution4 ,,mr4 ,,sumner4 ,i shall come to that4 ,the point is1 that the ,senator treats the ,declaration of ,independence as no better than the writings of ,washington1 of ,jefferson1 of ,madison1 8,the ,federalist10 and everything that pertains to that day4 ,it is only part and parcel of contemporary history1--of no special consequence1 no binding character1 not supreme1 but only one of the authorities1 or at least one of the witnesses1 by which we are to read the ,constitution4 ,sir1 is it so regarded by ,congress1--or at least is it so regarded by the committee of this body under whose direction is printed what is known familiarly as 8,the ,constitution1 ,rules1 and ,manual08 ,here is the little volume1 to which we daily turn4 ,i find that the first document is the ,national ,declaration1 preceding the ,national ,constitution4 ,sir1 it precedes the ,constitution in time1 as it is more elevated in character4 ,the ,constitution is a machine1 great1 mighty1 beneficent4 ,the ,declaration supplies the principles giving character and object to the machine4 ,the ,constitution is an earthly body1 if you please2 the ,declaration is the soul4 ,the powers under the ,constitution are no more than the hand to the body2 the ,declaration is the very soul itself4 ,but the ,senator does not see it so4 ,he sees it as no better than a letter of ,jefferson or ,madison1 or as some other contemporary incident which may help us in finding the meaning of the ,constitution4 ,the ,senator will not find many ready to place themselves in the isolation he adopts4 ,it was not so regarded by the historian who has described it with more power and brilliancy than any other1--,mr4 ,bancroft4 ,after setting forth what it contains1 he presents it as a new and lofty ,bill of ,rights3-- 8,this immortal state-paper1 which for its composer was the aurora of enduring fame1 was #8the genuine effusion of the soul of the country at that time1' the revelation of its mind1 when1 in its youth1 its enthusiasm1 its sublime confronting of danger1 it rose to the highest creative powers of which man is capable4 ,the bill of rights which it promulgates is of rights that are older than human institutions1 and spring from the eternal justice that is anterior to the ,state40#bdj ,the vivid presentment of this state-paper1 in its commanding character1 like an ordinance for mankind1 above all other contemporary things1 shows its association with our great national anniversary4 8,the nation1 when it made the choice of a day for its great anniversary1 selected not the day of the resolution of independence1 when it closed the past1 but that of the declaration of the principles on which it opened its new career40#bda ,shall ,i remind you1 ,sir1 of that famous letter by ,john ,adams to his wife1 written the day after the ,resolution of ,independence1 and pending the ,declaration8 ,of this epoch he predicts1 in words quoted with annual pride1 that it 8will be the most memorable in the history of ,america1--celebrated by descending generations as the great anniversary festival1--commemorated as the day of deliverance1 by solemn acts of devotion to ,god ,almighty1--solemnized with pomp and power1 with cheers1 games1 sports1 guns1 bells1 bonfires1 and illuminations1 from one end of this continent to the other1 from this time forward forevermore40#bdb ,and yet this ,declaration1 annually celebrated1 having the first pages of our statute-book1 placed in the fore-front of the volume of rules for our guidance in this ,chamber1 this triumphant ,magna ,charta1 is to be treated as 8the generalities of a revolutionary pronunciamento10 or at best as of no more value than the letter of a contemporary statesman4 ,sir1 the ,senator misconceives the case2 and there1 allow me to say1 is his error4 ,,mr4 ,,carpenter4 ,the ,senator understood me to say1 at least ,i said1 in construing the ,constitution you must undoubtedly look to the ,declaration of ,independence1 as you must look to all the contemporary history of that day4 ,did ,i say there was no difference in the different documents8 ,did ,i say that no more importance was to be attached to the ,declaration of ,independence than to a letter of ,madison or ,washington8 ,no1 ,sir1--,i said no such thing4 ,,mr4 ,,sumner4 ,the ,senator shall speak for himself4 ,he has spoken now1 and you shall hear what he said before3-- 8,certainly the ,constitution of the ,united ,states must be construed upon the same principle40 ,that is1 as 8a contract entered into between two individuals40 8,and when we are considering0-- ,what8-- 8a doubtful question1 the whole former history of the country1 the ,declaration of ,independence1 the writings of ,washington and of ,jefferson and of ,madison1 the writings in #8,the ,federalist1' everything that pertained to that day and gives color and tone to the ,constitution1 must be considered40 ,i am happy in any word of respect for the ,declaration1--because the claim of ,equal ,rights stands on the ,constitution interpreted by the ,declaration4 ,this brings me again to the main question4 ,we have the ,national ,constitution from the ,preamble to the signature of ,george ,washington1 and then we have the recent ,amendments1 all to be interpreted by the ,national ,declaration1 which proclaims1 as with trumpet3-- 8,we hold these truths to be self-evident3 that all men are created equal2 that they are endowed by their ,creator with certain unalienable rights2 that among these are life1 liberty1 and the pursuit of happiness40 ,unquestionably the ,constitution supplies the machinery by which these great rights are maintained4 ,i say it supplies the machinery2 but ,i insist1 against the ,senator1 and against all others1 that every word in the ,constitution must be interpreted by these primal1 self-evident truths1--not merely in a case that is doubtful1 as the ,senator says1 but constantly and always1 so that the two shall perpetually go together1 as the complement of each other2 but the ,declaration has a supremacy grander than that of the ,constitution1 more sacred and inviolable1 for it gives the law to the ,constitution itself4 ,every word in the ,constitution is subordinate to the ,declaration4 ,before the war1 when ,slavery prevailed1 the rule was otherwise1 naturally2 but1 as ,i have already said1 the grandest victory of the war was the establishment of the new rule by which the ,declaration became supreme as interpreter of the ,constitution4 ,take1 therefore1 any phrase in the ,constitution1 take any power1 and you are to bring it all in subordination to those supreme primal truths4 ,every power is but the agent by which they are maintained2 and when you come to those several specific powers abolishing slavery1 defining citizenship1 securing citizens in their privileges and immunities1 guarding them against any denial of the equal protection of the laws1 and then again securing them the right to vote1 every one of these safeguards must be interpreted so as best to maintain ,equal ,rights4 ,such ,i assert to be ,constitutional ,law4 ,sir1 ,i cannot see it otherwise4 ,i cannot see this mighty ,magna ,charta degraded to the level of a casual letter or an item of history4 ,why1 ,sir1 it is the baptismal vow of the ,republic2 it is the pledge which our fathers took upon their lips when they asked the fellowship of mankind as a free and independent nation4 ,it is loftier than the ,constitution1 which is a convenience only1 while this is a guide4 ,let no one smile when it is invoked4 ,our fathers did not smile on the great day4 ,it was with them an earnest word1 opening the way to victory1 and to that welcome in the human family with which our nation has been blest4 ,without these words what would have been the ,national ,declaration8 ,how small6 ,simply a dissolution of the tie between the ,colonies and the mother country2 a cutting of the cord1--that is all4 ,ah6 it was something grander1 nobler4 ,it was the promulgation of primal truths1 not only for the good of our own people1 but for the good of all mankind4 ,such truths can never die4 ,it is for us to see that they are recognized without delay in the administration of our own ,government4 ,mr4 ,carpenter replied at some length4 ,mr4 ,sumner followed4 ,,second ,,reply ,,to ,,mr4 ,,carpenter4 ,the ,senator insists that ,i am willing to disregard the ,constitution4 ,on what ground can the ,senator make any such assertion8 ,does he suppose that his oath is stronger with him than mine with me8 ,,mr4 ,,carpenter4 ,will the ,senator allow me to answer him8 ,,mr4 ,,sumner4 ,certainly4 ,,mr4 ,,carpenter4 ,i assume that1 for the reason that when we come here to discuss a constitutional question1 the power of ,congress to do a certain thing1 the ,senator flies from the ,constitution and goes to the ,declaration of ,independence1 and says that is the source of power4 ,,mr4 ,,sumner4 ,the ,senator ought to know very well that ,i have never said any such thing4 ,the ,senator proclaims that ,i fly from the ,constitution to the ,declaration1 which ,i insist is the source of power4 ,i now yield the floor again1 and ask the ,senator when ,i said what he asserts4 ,,mr4 ,,carpenter4 ,the ,senator said that the ,declaration was cordinate in authority with the ,constitution4 ,what did he mean by that8 ,i supposed he used the word in the ordinary acceptation2 and if he did1 he meant to say that the ,declaration was a cordinate grant of power4 ,,mr4 ,,sumner4 ,just the contrary1 ,mr4 ,president4 ,senators will bear me witness4 ,i appeal to you all4 ,i said just the contrary4 ,repeatedly ,i said that in my judgment the ,declaration of ,independence was not a grant of power1 but coqual with the ,constitution1--the one being a grant of power1 and the other a sovereign rule of interpretation4 ,that is what ,i said4 ,and now the ,senator1 in the face of my positive words1 not heeding them at all1 although they are found in the 8,globe10 vindicates himself by putting into my mouth what ,i never said or suggested1 and then proceeds to announce somewhat grandly that ,i set the ,constitution at nought4 ,i challenge the ,senator again to point out one word that has ever fallen from my lips1 during my service in this ,chamber1 to sustain him in his assertion4 ,i ask him to do it4 ,he cannot4 ,but why this imputation8 ,is the oath we have all taken at that desk binding only on him8 ,does he assume that he has a monopoly of its obligations2 that other ,senators took it with levity1 ready to disregard it1--or at least that ,i have taken it so8 ,such is the assumption2 at least it is his assumption with regard to me4 ,now ,i tell the ,senator1 and ,i beg him to understand it for the future1 that ,i shall not allow him to elevate himself above me in any loyalty to the ,constitution4 ,willingly do ,i yield to the ,senator in all he can justly claim of regard and honor4 ,but ,i do not concede precedence in that service1 where1 if he does not magnify himself1 he degrades me4 ,i have served the ,national ,constitution longer than he has1 and with such fidelity as ,i could command4 ,i have served it at moments of peril1 when the great principles of ,liberty to which ,i have been devoted were in jeopardy2 ,i have served it when there were few to stand together4 ,in upholding this ,constitution1 never did ,i fail at the same time to uphold ,human ,rights4 ,that was my supreme object2 that was the ardent aspiration of my soul4 ,sir1 ,i know how often ,i have failed1--too often2 but ,i know that ,i never did fail in devotion to the ,constitution1 for the true interpretation of which ,i now plead4 ,the ,senator speaks without authority1 and1 he must pardon me if ,i say1 with levity1 when he makes such an allegation against one whose record for the past twenty years in this ,chamber is ready to answer him4 ,i challenge him to point out one word ever uttered by me to justify his assault4 ,he cannot do it4 ,he makes his onslaught absolutely without one tittle of evidence4 ,sir1 ,i have taken the oath to support the ,constitution1 but it is that ,constitution as ,i understand it4 ,in other days1 when this ,chamber was filled with intolerant slave-masters1 ,i was told that ,i did not support the ,constitution1 as ,i have been told to-day by the ,senator1 and ,i was reminded of my oath4 ,in reply ,i borrowed the language of ,andrew ,jackson1 and announced1 that1 often as ,i had taken that oath1 ,i had taken it always to support the ,constitution as ,i understood it2 and it is so now4 ,i have not taken an oath to support the ,constitution as the ,senator from ,wisconsin understands it1 without its animating soul4 ,sir1 my oath was to support the ,national ,constitution as interpreted by the ,national ,declaration4 ,the oath of the ,senator from ,wisconsin was different2 and there1 ,sir1 is the precise divergence between us4 ,he swore1 but on his conscience was a soulless text4 ,i am glad that my conscience felt that there was something more4 ,the ,senator must hesitate before he assaults me again for any failure in devotion to the ,constitution4 ,i put my life against the life of the ,senator2 ,i put my little service1 humble as it is1 against the service of the ,senator2 ,i put every word uttered by me in this ,chamber or elsewhere against all that has been said by the ,senator1--and the world shall pronounce between us on the question he has raised4 ,if ,i have inclined in favor of ,human ,rights1 if ,i have at all times insisted that the ,national ,constitution shall be interpreted always so that ,human ,rights shall find the greatest favor1 ,i have committed no error4 ,in the judgment of the ,senator ,i may have erred1 but ,i know that in the judgment of the ,american people ,i have not erred2 and here ,i put myself upon the country to be tried4 ,sir1 on that issue ,i invoke the sentiments of mankind and posterity when all of us have passed away4 ,i know that it will be then written1 that the ,national ,constitution is the ,charter of a mighty ,republic dedicated to ,human ,rights1 dedicated at its very birth by the ,great ,declaration1 and that whoever fails to enlarge and ennoble it by the interpretation through which ,human ,rights are most advanced will fail in his oath to support the ,constitution3 ay1 ,sir1 fail in his oath6 ,the debate was continued successive days3 ,mr4 ,thurman of ,ohio1 ,mr4 ,ferry of ,connecticut1 ,mr4 ,corbett and ,mr4 ,kelly1 both of ,oregon1 ,mr4 ,hill of ,georgia1 ,mr4 ,stevenson of ,kentucky1 and ,mr4 ,tipton of ,nebraska speaking against ,mr4 ,sumner's bill2 ,mr4 ,harlan1 of ,iowa1 in favor of it2 and ,mr4 ,frelinghuysen1 of ,new ,jersey1 declaring his support1 if ,mr4 ,sumner would modify its provisions as to 8churches40 ,the substitute of ,mr4 ,carpenter was rejected1--,yeas #ag1 ,nays #cd4 ,a motion of ,mr4 ,frelinghuysen to make the bill inapplicable to 8churches0 was carried1--,yeas #bi1 ,nays #bd4 ,the next question was on a motion of ,mr4 ,carpenter to strike out the clause relating to 8juries40 ,this was earnestly debated by ,mr4 ,edmunds1 of ,vermont4 ,before the vote was taken1 ,mr4 ,sumner remarked3-- ,there is a famous saying that comes to us from the last century1 that the whole object of government in ,england--of ,king1 ,lords1 and ,commons--is to bring twelve men into a jury-box4 ,sir1 that is the whole object of government1 not only in ,england1 but in every other country where law is administered through popular institutions2 and especially is it the object of government here in the ,united ,states2 and the clause in this bill which it is now proposed to strike out is simply to maintain that great principle of popular institutions4 ,this amendment was rejected1--,yeas #ab1 ,nays #db4 ,other amendments were moved and rejected4 99 99 99 99 99 ,the question was then taken on ,mr4 ,sumner's bill as an amendment to the ,amnesty ,bill1 and it was adopted by the casting vote of ,vice-,president ,colfax1--the ,senate being equally divided1 ,yeas #bh1 ,nays #bh1 as follows3-- ,,yeas1--,messrs4 ,ames1 ,anthony1 ,brownlow1 ,cameron1 ,chandler1 ,clayton1 ,conkling1 ,cragin1 ,fenton1 ,ferry of ,michigan1 ,frelinghuysen1 ,gilbert1 ,hamlin1 ,harlan1 ,morrill of ,vermont1 ,morton1 ,osborn1 ,patterson1 ,pomeroy1 ,ramsey1 ,rice1 ,sherman1 ,spencer1 ,sumner1 ,west1 ,wilson1 ,windom1 and ,wright1--#bh4 ,,nays1--,messrs4 ,blair1 ,boreman1 ,carpenter1 ,cole1 ,corbett1 ,davis of ,west ,virginia1 ,ferry of ,connecticut1 ,goldthwaite1 ,hamilton of ,texas1 ,hill1 ,hitchcock1 ,johnston1 ,kelly1 ,logan1 ,morrill of ,maine1 ,norwood1 ,pool1 ,robertson1 ,saulsbury1 ,sawyer1 ,schurz1 ,scott1 ,stevenson1 ,stockton1 ,thurman1 ,tipton1 ,trumbull1 and ,vickers1--#bh4 ,,absent1--,messrs4 ,alcorn1 ,bayard1 ,buckingham1 ,caldwell1 ,casserly1 ,cooper1 ,davis of ,kentucky1 ,edmunds1 ,flanagan1 ,hamilton of ,maryland1 ,howe1 ,kellogg1 ,lewis1 ,nye1 ,pratt1 ,sprague1 and ,stewart1--#ag4 ,the announcement of the adoption of the amendment was received with great applause in the galleries4 ,the provisions relating to ,amnesty were then taken up1 and after some modification of them ,mr4 ,sumner declared his purpose to vote for the ,bill as amended1--that it was now elevated and consecrated1 and that whoever voted against it must take the responsibility of opposing a great measure for the assurance of ,equal ,rights4 ,the question was then taken on the passage of the bill as amended1 when it was rejected1--,yeas #cc1 ,nays #ai1--two-thirds not voting in the affirmative4 ,democrats opposed to the ,civil ,rights ,bill voted against ,amnesty with this association4 ,the attention of the ,senate was at once occupied by other business1 so that ,amnesty and ,civil ,rights were for the time superseded4 99 99 99 99 99 ,may #hth1 another ,amnesty ,bill1 which had passed the ,house1 being under consideration1 ,mr4 ,sumner moved to strike out all after the enacting clause and insert the ,civil ,rights ,bill4 ,mr4 ,ferry1 of ,connecticut1 promptly objected that the amendment was not in order2 but ,vice-,president ,colfax overruled the point1 and was sustained by the ,senate4 ,the next day ,mr4 ,ferry moved to strike out of ,mr4 ,sumner's bill the words applicable to 8common schools and other public institutions of learning10 which was rejected1--,yeas #be1 ,nays #bf4 ,mr4 ,blair1 of ,missouri1 then moved that 8the people of every city1 county1 or ,state0 should 8decide for themselves the question of mixed or separate schools10 and this was rejected1--,yeas #bc1 ,nays #cj4 ,mr4 ,carpenter moved to strike out the section relating to 8juries10 and this was rejected1--,yeas #af1 ,nays #cc4 ,on a motion by ,mr4 ,trumbull1 of ,illinois1 to strike out the first five sections of ,mr4 ,sumner's bill1 the votes being ,yeas #bi1 ,nays #bi1 the casting vote of ,vice-,president ,colfax was given in the negative1 amidst manifestations of applause in the galleries4 ,the question was then taken on the motion to substitute the ,civil ,rights ,bill for the ,amnesty ,bill1 and it was lost1--,yeas #bg1 ,nays #bh4 ,mr4 ,sumner at once moved the ,civil ,rights ,bill as an addition1 with the result1--,yeas #bh1 ,nays #bh1 and the adoption of the amendment by the casting vote of the ,vice-,president4 ,this amendment as in ,committee of the ,whole was then concurred in by the ,senate1--,yeas #bg1 ,nays #be4 ,on the passage of the bill thus amended1 the vote stood1 ,yeas #cb1 ,nays #bb2 so that1 two-thirds not voting in the affirmative1 the bill was rejected4 ,again there was a lull in the two measures4 99 99 99 99 99 ,may #ajth1 ,mr4 ,sumner introduced another ,supplementary ,civil ,rights ,bill1 being his original bill with such verbal changes and emendations as had occurred during its protracted consideration1 and the bill was placed on the calendar of the ,senate without reference to a committee4 99 99 99 99 99 ,may #bast1 the ,senate having under consideration a bill to extend the provisions of the ,enforcement ,act in the ,southern ,states1 known as the ,ku-,klux ,act1 and entering upon a 8night session0 in order to pass the bill1 ,mr4 ,sumner1 who was an invalid1 contrary to his habit left the ,chamber4 ,in the early morning the bill was passed1 when the ,senate1 on motion of ,mr4 ,carpenter1 of ,wisconsin1 took up ,mr4 ,sumner's ,civil ,rights ,bill1 and1 striking out all after the enacting clause1 inserted a substitute1 imperfect in machinery1 and with no allusion to schools1 institutions of learning1 churches1 cemeteries1 juries1 or the word 8white40 ,the bill thus changed passed the ,senate in ,mr4 ,sumner's absence4 ,meanwhile ,mr4 ,spencer1 of ,alabama1 had moved an adjournment1 saying1 8,it is unfair and unjust to take a vote upon this bill during the absence of the ,senator from ,massachusetts4''' ,i insist on the motion to adjourn1 as the ,senator from ,massachusetts is not here40 ,the motion was rejected4 ,a messenger from the ,senate informed ,mr4 ,sumner of the effort making1 and he hurried to the ,chamber2 but the bill had been already acted on1 and another ,amnesty ,bill on the calendar taken up1 on motion of ,mr4 ,robertson1 of ,south ,carolina1 and pressed to a final vote4 ,mr4 ,sumner arrived in season to protest against this measure1 unless associated with ,equal ,rights4 ,at the first opportunity after reaching his seat1 he said3-- ,,mr4 ,,president1 ,i understand that in my absence1 and without any notice to me from any quarter1 the ,senate have adopted an emasculated ,civil ,rights ,bill1 with at least two essential safeguards wanting1--one concerning the ,common ,schools1 and the other concerning ,juries4 ,the original bill contains both1 and more2 and ,i now ask the ,senate1 most solemnly1 to consider whether1 while decreeing equal rights for all in the land1 they will say that those equal rights shall not prevail in the common school and in the jury4 ,such ,i understand to have been the vote of the ,senate4 ,what will ensue1 should it be confirmed by the other ,house8 ,the spirit of ,caste will receive new sanction in the education of children2 justice will find a new impediment in the jury4 ,sir1 ,i plead for the colored race1 who unhappily have no representative on this floor4 ,i ask the ,senate to set its face against the spirit of ,caste now prevailing in the common schools1 against the injustice now installed in the jury4 ,i insist that the ,senate shall not lose this great opportunity4 ,you recognize the commanding principle of the bill4 ,why not1 then1 apply it throughout1 so that hereafter there shall be no question8 ,for1 ,sir1 be well assured1 there is but one way of settling this great cause1 and that is by conceding these equal rights4 ,so long as they are denied you will have the colored people justly complaining and knocking at your doors1--and may ,i say1 so long as ,i remain in this ,chamber you will have me perpetually demanding their rights4 ,i cannot1 ,i will not cease4 ,i ask1 ,sir1 that this terrible strife be brought to an end1 and the cause settled forever4 ,now is the time4 ,but this cannot be1 except by the establishment of equal rights absolutely and completely wherever the law can reach4 ,sir1 early in life ,i vowed myself to nothing less than the idea of making the principles and promises of the ,declaration of ,independence a living reality4 ,this was my aspiration4 ,for that ,i have labored4 ,and now at this moment1 as its fulfilment seems within reach1 ,i appeal to my fellow-,senators that there shall be no failure on their part4 ,make1 ,i entreat you1 the ,declaration of ,independence in its principles and promises a living letter2 make it a practical reality4 ,one word more4 ,you are about to decree the removal of disabilities from those who have been in rebellion4 ,why will you not1 with better justice1 decree a similar removal of disabilities from those who have never injured you8 ,why will you not accord to the colored race the same amnesty you offer to former ,rebels8 ,sir1 you cannot go before the country with this unequal measure4 ,therefore1 ,sir1 do ,i insist that ,amnesty shall not become a law1 unless at the same time the ,equal ,rights of ,all are secured4 ,in debate this winter ,i have often said this1 and ,i repeat it now with all the earnestness of my nature4 ,would ,i were stronger1 that ,i might impress it upon the ,senate6 ,a motion by ,mr4 ,sumner to append his bill was rejected1--,yeas #ac1 ,nays #bg1--;and the question returned on the ,amnesty ,bill4 ,mr4 ,sumner then declared his purpose to vote against the ,amnesty ,bill3-- ,,mr4 ,,president1 ,i long to vote for amnesty2 ,i have always hoped to vote for it2 but1 ,sir1 ,i should be unworthy of my seat as a ,senator if ,i voted for it while the colored race are shut out from their rights1 and the ban of color is recognized in this ,chamber4 ,sir1 the time has not come for amnesty4 ,how often must ,i repeat1 8,be just to the colored race before you are generous to former rebels08 ,unwillingly ,i press this truth2 but it belongs to the moment4 ,i utter it with regret2 for ,i long to record my name in behalf of amnesty4 ,and now let it not go forth that ,i am against amnesty4 ,i here declare from my seat that ,i am for amnesty1 provided it can be associated with the equal rights of the colored race2 but if not so associated1 then1 so help me ,god1 ,i am against it4 ,the ,amnesty ,bill was then passed1 with only two dissenting votes1--,mr4 ,sumner1 and ,mr4 ,nye1 of ,nevada4 ,mr4 ,sumner then made an ineffectual effort to obtain a reconsideration of the votes just taken1 so that on another day1 in a full ,senate1 he could be heard4 ,here he said3-- ,,mr4 ,,president1 ,i had supposed that there was an understanding among the friends of civil rights that the bill for their security should be kept on a complete equality with that for amnesty1--which could be only by awaiting a bill from the ,house securing civil rights1 precisely as we have a bill from the ,house securing amnesty4 ,the two measures are not on an equality1 when the ,senate takes up a ,house bill for amnesty and takes up simply a ,senate bill for civil rights4 ,i will not characterize the transaction2 but to me it is painful1 for it involves the sacrifice of the equal rights of the colored race1--as is plain1 very plain4 ,all this winter ,i have stood guard here1 making an earnest though unsuccessful effort to secure those rights1 insisting always that they should be recognized side by side with the rights of former ,rebels4 ,many ,senators agreed with me2 but now1 at the last moment1 comes the sacrifice4 ,the ,amnesty ,bill1 which has already prevailed in the ,house1 passes1 and only awaits the signature of the ,president2 while an imperfect ,civil ,rights ,bill1 shorn of its best proportions1 which has never passed the ,house1 is taken up and rushed through the ,senate4 ,who can tell its chances in the other ,house8 ,such1 ,sir1 is the indifference with which the ,senate treats the rights of an oppressed people6 ,sir1 ,i sound the cry4 ,the rights of the colored race have been sacrificed in this ,chamber1 where the ,republican ,party has a large majority1--that party1 by its history1 its traditions1 and all its professions1 bound to their vindication4 ,sir1 ,i sound the cry4 ,let it go forth that the sacrifice has been perpetrated4 ,amnesty is adopted2 but where are the equal rights of the colored race8--still afloat between the two ,houses on an imperfect bill4 ,and what is their chance8 ,pass the imperfect bill and still there is a denial of equal rights4 ,but what is the chance of passing even this imperfect measure8 ,who can say8 ,is it not a sham8 ,is it not a wrong which ought to ring through the land8 ,sir1 ,i call upon the colored people throughout the country to take notice how their rights are paltered with4 ,i wish them to understand1 that here in this ,chamber1 with a large majority of ,republicans1 the sacrifice has been accomplished2 and let them observe how4 ,they will take note that amnesty has been secured1 while nothing is secured to them4 ,now1 ,sir1 would you have your work effective1 you should delay amnesty until a bill for civil rights has passed the ,house1 and reaching this ,chamber the two measures will then be on a complete equality4 ,anything else is sacrifice of the colored race2 anything else is abandonment of an imperative duty4 ,the ,senate then adjourned at ten o'clock and twenty minutes on the morning of ,may #bb;d4 ,nothing further occurred on this interesting subject during the remainder of the session4 ,the ,amnesty ,bill became a law4 ,the ,civil ,rights ,bill was not considered in the ,house2 so that even this imperfect measure failed4 ,at the next session of ,congress ,mr4 ,sumner was an invalid1 under medical treatment1 and withdrawn from the ,senate1 so that he was unable to press his bill2 nor did any other ,senator move it4 99 99 99 99 99 ,december #a1 #ahgc1 on the first day of the session1 ,mr4 ,sumner again brought forward his bill in the following terms3-- ,a ,bill supplementary to an ,act entitled 8,an ,act to protect all persons in the ,united ,states in their civil rights1 and furnish the means of their vindication10 passed ,april #i1 #ahff4 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,that no citizen of the ,united ,states shall1 by reason of race1 color1 or previous condition of servitude1 be excepted or excluded from the full enjoyment of any accommodation1 advantage1 facility1 or privilege furnished by innkeepers2 by common carriers1 whether on land or water2 by licensed owners1 managers1 or lessees of theatres or other places of public amusement2 by trustees1 commissioners1 superintendents1 teachers1 or other officers of common schools and public institutions of learning1 the same being supported by moneys derived from general taxation or authorized by law2 also of cemetery associations and benevolent associations supported or authorized in the same way3 ,provided1 ,that private schools1 cemeteries1 and institutions of learning1 established exclusively for white or colored persons1 and maintained respectively by voluntary contributions1 shall remain according to the terms of their original establishment4 ,,sec4 #b4 ,that any person violating any of the provisions of the foregoing section1 or aiding in their violation1 or inciting thereto1 shall1 for every such offence1 forfeit and pay the sum of five hundred dollars to the person aggrieved thereby1 to be recovered in an action on the case1 with full costs1 and shall also1 for every such offence1 be deemed guilty of a misdemeanor1 and1 upon conviction thereof1 shall be fined not less than five hundred nor more than one thousand dollars1 or shall be imprisoned not less than thirty days nor more than one year3 ,provided1 ,that the party aggrieved shall not recover more than one penalty2 and when the offence is a refusal of burial1 the penalty may be recovered by the heirs-at-law of the person whose body has been refused burial4 ,,sec4 #c4 ,that the same jurisdiction and powers are hereby conferred1 and the same duties enjoined upon the courts and officers of the ,united ,states in the execution of this ,act1 as are conferred and enjoined upon such courts and officers in sections three1 four1 five1 seven1 and ten of an ,act entitled 8,an ,act to protect all persons in the ,united ,states in their civil rights1 and furnish the means of their vindication10 passed ,april #i1 #ahff1 and these sections are hereby made a part of this ,act2 and any of the aforesaid officers1 failing to institute and prosecute such proceedings herein required1 shall1 for every such offence1 forfeit and pay the sum of five hundred dollars to the person aggrieved thereby1 to be recovered by an action on the case1 with full costs1 and shall1 on conviction thereof1 be deemed guilty of a misdemeanor1 and be fined not less than one thousand dollars nor more than five thousand dollars4 ,,sec4 #d4 ,that no citizen1 possessing all other qualifications which are or may be prescribed by law1 shall be disqualified for service as juror in any court1 ,national or ,state1 by reason of race1 color1 or previous condition of servitude2 and any officer or other person charged with any duty in the selection or summoning of jurors1 who shall fail to summon any citizen for the reason above named1 shall1 on conviction thereof1 be deemed guilty of a misdemeanor1 and be fined not less than one thousand dollars nor more than five thousand dollars4 ,,sec4 #e4 ,that every discrimination against any citizen on account of color1 by the use of the word 8white10 or any other term in law1 statute1 ordinance1 or regulation1 ,national or ,state1 is hereby repealed and annulled4 ,on the rentroduction of this bill1 the original clause relating to 8churches0 was omitted1 in order to keep it in substantial harmony with the votes of the ,senate4 ,,footnotes #a ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj4 #b ,ibid41 p4 #g4 #c ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 p4 #g4 #d ,ibid4 #e ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 p4 #g4 #f ,ibid4 #g ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 pp4 #g-h4 #h ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 p4 #aj4 #i ,ibid41 p4 #cd4 #aj ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 pp4 #cd-ce4 #aa ,see1 ante1 ,vol4 ,,xviii4 pp4 #bei1 #bii4 #ab ,sesiones de ,cortes1 #ad ,nov41 #ahfa1 ,vol4 ,i4 ,apend4 ,,vi4 al ,nm4 #d1 p4 #g4 #ac ,sesiones de ,cortes1 #ad ,nov41 #ahfa1 ,vol4 ,i4 ,apend4 ,,vi4 al ,nm4 #d1 p4 #aa4 #ad ,ibid41 p4 #h4 #ae ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #de1 p4 #c4 #af #h ,geo4 ,,ii4 c4 #cj4 #ag #aj #aa ,vict4 c4 #ba4 #ah ,commentaries1 ,i4 #agh4 #ai ,triggs v4 ,preston3 ,clarke and ,hall1 ,cases of ,contested ,elections in ,congress1 pp4 #gh-hj4 #bj ,letters to ,perry and ,babcock1--,report on the ,memorial of ,davis ,hatch1 pp4 #ij1 #acf3 ,senate ,reports1 #dast ,cong4 #b;d ,sess41 ,no4 #bcd4 #ba ,digest4 ,lib4 ,l4 ,tit4 xvii43 ,de diversis regulis juris antiqui1 #ai4 #bb ,elements of ,international ,law1 ,part ,,iii4 ,ch4 #b1 #f1 ed4 ,lawrence2 #bff1 ed4 ,dana4 #bc ,halleck1 ,international ,law1 ,ch4 ,,vi4 #i4 #bd ,speech in the ,house of ,lords1 ,february #e1 #ahci3 ,times1 ,feb4 #fth4 #be ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ab4 #bf ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ajd4 #bg ,ibid4 #bh ,senate ,reports1 #dast ,cong4 #b;d ,sess4 ,no4 #bcd1 p4 #fc4 #bi ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #aje4 #cj ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ajg4 #ca ,senate ,reports1 #dast ,cong4 #b;d ,sess41 ,no4 #bcd1 p4 #aie4 #cb ,senate ,reports1 #dast ,cong4 #b;d ,sess41 ,no4 #bcd1 p4 #ahf4 #cc ,ibid41 pp4 #a-c2 #g-ai2 #adh-afc2 #afe4 #cd ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ajf4 #ce ,senate ,reports1 #dast ,cong4 #b;d ,sess41 ,no4 #bcd1 pp4 #ace-cf4 #cf ,ibid41 p4 #aha4 #cg ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ajh4 #ch ,ibid4 #ci ,ibid41 pp4 #aji-aj4 #dj ,ibid41 p4 #aaa4 #da ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #aji4 #db ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 pp4 #b1 #c4 #dc ,ibid41 ,no4 #cd1 p4 #c2 ,no4 #de1 p4 #c4 #dd ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #e4 #de ,ibid41 ,no4 #ag1 p4 #gi4 #df ,ibid41 ,no4 #cd1 p4 #f4 #dg ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #h4 #dh ,senate ,reports1 #dast ,cong4 #b;d ,sess41 ,no4 #bcd1 p4 #ahh4 #di ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #i4 #ej ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #aa4 #ea ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ae4 #eb ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ab4 #ec ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ag4 #ed ,ibid41 p4 #ai4 #ee ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ai4 #ef ,ibid41 p4 #bj4 #eg ,ibid41 p4 #bb4 #eh ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #bc4 #ei ,ibid41 pp4 #bc-bd4 #fj ,ibid41 p4 #bd4 #fa ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ca4 #fb ,ibid41 p4 #bf4 #fc ,ibid41 p4 #ca4 #fd ,ibid41 p4 #cb4 #fe ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #bg4 #ff ,executive ,documents1 #dast ,cong41 #c;d ,sess41 ,senate1 ,no4 #cd1 p4 #ad4 #fg ,law of ,nations1 7,london1 #agig17 ,preliminaries1 #ah1 #ai4 #fh ,le ,louis3 #b ,dodson1 ,r41 #bdc4 #fi ,le ,droit ,international1 7,berlin et ,paris1 #aheg17 #bg4 #gj ,commentaries upon ,international ,law1 7,london1 #ahee17 ,vol4 ,,ii4 pp4 #cc-cd4 #ga ,law of ,nations3 ,rights and ,duties in ,time of ,peace1 #ab1 p4 #aa4 #gb ,commentaries1 ,vol4 ,i4 p4 #ba4 #gc ,international ,law1 pp4 #ig-ih4 #gd ,writings1 ed4 ,sparks1 ,vol4 ,,xi4 p4 #chb4 #ge ,elements of ,international ,law1 ed4 ,dana1 p4 #abj2 ed4 ,lawrence1 p4 #acb4 #gf ,international ,law1 p4 #cch4 #gg ,international ,law1 p4 #cci4 #gh ,ibid41 p4 #cce4 #gi ,see ,grotius1 ,de ,jure ,belli et ,pacis1 tr4 ,whewell1 7,cambridge1 #ahec17 ,prolegomena1 pp4 xxxix-xl4 #hj ,commentaries on the ,constitution1 #aaff4 ,see also #aeab4 #ha ,treaty1 ,art4 ,,iv43 ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #ag1 p4 #ii4 #hb ,federalist1 ,no4 ,,lxix4 #hc ,federalist1 ,no4 ,,lxix4 #hd ,ibid41 ,no4 ,,lxxv4 #he ,commentaries on the ,constitution1 #aejf4 #hf ,ibid41 #aejg4 #hg ,treaty1 ,art4 ,v43 ,statutes at ,large1 ,vol4 ,,viii4 p4 #bjb4 #hh ,treaty1 ,art4 ,,vii43 ,ibid41 p4 #beh4 #hi ,thirty ,years' ,view1 ,vol4 ,,ii4 p4 #fdb4 #ij ,ibid41 p4 #fdc4 #ia ,senate ,documents1 #bhth ,cong4 #ast ,sess41 ,no4 #cdi1 p4 #aj4 #ib ,thirty ,years' ,view1 ,vol4 ,,ii4 p4 #fdc4 #ic ,executive ,documents1 #bith ,cong4 #b;d ,sess41 ,h4 of ,r41 ,no4 #d1 p4 #ae4 #id ,for this debate1 and the attendant proceedings1 see ,congressional ,globe1 #db;d ,cong4 #ast ,sess41 pp4 #cc-ec4 #ie ,speech in the ,senate1 ,march #bg1 #ahga1--;ante1 p4 #ai4 #if ,mr4 ,fish to ,mr4 ,moran1 ,december #cj1 #ahgj2 ,recall of ,minister ,motley3 ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #aa1 pp4 #bg1 seqq4 #ig ,debate of ,march #aj1 #ahga3 ,congressional ,globe1 p4 #cf1 col4 #b4 #ih ,mr4 ,fish to ,mr4 ,moran1 ,december #cj1 #ahgj3 ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #aa1 pp4 #cf-cg4 #ii ,mr4 ,fish to ,mr4 ,moran3 ,ex4 ,doc41 ut supra1 p4 #cg4 #ajj ,mr4 ,fish to ,mr4 ,moran3 ,ex4 ,doc41 ut supra1 p4 #cg4 #aja ,ibid41 p4 #cb4 #ajb ,mr4 ,fish to ,mr4 ,moran3 ,ex4 ,doc41 ut supra1 p4 #cd4 #ajc ,ante1 p4 #aaa4 #ajd ,report of ,select ,committee to investigate the alleged ,outrages in the ,southern ,states1--,north ,carolina3 ,senate ,reports1 #db;d ,cong4 #ast ,sess41 ,no4 #a4 #aje ,a case in ,executive ,session of the ,senate1 ,march and ,april1 #ahdh1 relative to the surreptitious procurement and publication of a copy of the ,treaty of ,guadalupe ,hidalgo4 ,for some particulars of this case1 see speech entitled 8,usurpation of the ,senate in imprisoning a ,citizen10 ,june #ae1 #ahfj1--;ante1 ,vol4 ,,vi4 p4 #ij1 note4 #ajf ,case of ,woolley3 ,congressional ,globe1 #djth ,cong4 #b;d ,sess41 ,house ,proceedings1 ,may #be to ,june #aa1 #ahfh4 #ajg ,case of ,hyatt3 ,ibid41 #cfth ,cong4 #ast ,sess41 ,senate ,proceedings1 ,february #ba to ,june #ae1 #ahfj4 #ajh ,treatise on the ,law1 ,privileges1 ,proceedings1 and ,usage of ,parliament1 7#fth edition1 ,london1 #ahfh17 p4 #aje4 #aji ,treatise on the ,law1 ,privileges1 ,proceedings1 and ,usage of ,parliament1 ut supra4 ,stockdale v4 ,hansard1 #i ,adolphus ,ellis1 ,r41 #aad4 #aaj ,digest41 ,lib4 ,l4 ,tit4 ,,xvi4 ,cap4 #he4 #aaa ,treatise on the ,law1 ,privileges1 ,proceedings1 and ,usage of ,parliament1 and ,stockdale v4 ,hansard1 #i ,adolphus ,ellis1 ut supra4 #aab ,law and ,practice of ,legislative ,assemblies in the ,united ,states1 7,boston1 #ahfc17 #fgg1 p4 #bfg4 #aac ,stockdale v4 ,hansard1 ut supra4 #aad ,kielley v4 ,carson et als43 #d ,moore1 ,privy ,council ,cases1 #fc4 #aae ,fenton et al4 v4 ,hampton3 #aa ,moore1 ,privy ,council ,cases1 #cdg4 #aaf ,ibid41 #cif-ig4 #aag ,quoting ,magna ,charta1--8,nec super eum liberum hominem ibimus1 nec super eum mittemus1 nisi per legale judicium parium suorum1 vel per legem terr40 #aah #b ,inst41 #ej-ea4 #aai ,commentaries on the ,constitution1 #aghc1 ,vol4 ,,iii4 p4 #ffa4 #abj ,for the proceedings in this case1 see ,annals of ,congress1 #fth ,cong4 #ast ,sess41 ,senate1 at the pages referred to in the ,index1 under the title ,aurora4 ,on the cases of ,hyatt and ,nugent1 see1 ante1 pp4 #acb1 #acc1 and the references there named4 #aba ,vol4 ,i4 p4 #ddh1 #fth edition1 ,london1 #ahej4 #abb #ae ,gray's ,reports1 #cii4 #abc ,speech1 ,june #ad1 #ahdd3 ,hansard's ,parliamentary ,debates1 #c;d ,series1 ,vol4 ,,lxxv4 col4 #hih-ii4 #abd ,speech1 ,june #ag1 #ahdd3 ,ibid41 col4 #ihj-ha4 #abe ,ibid41 col4 #iha4 #abf ,speech1 ,june #bd1 #ahdd3 ,hansard1 #c;d ,series1 ,vol4 ,,lxxv4 col4 #abib4 #abg #i ,ann41 cap4 #aj1 #dj4 #abh ,vol4 ,,vii4 p4 #g1 cartoon4 #abi ,encyclopdia ,britannica1 7#hth edition17 arts4 ,,britain and ,,london3 ,vols4 ,v4 pp4 #dbd-be2 ,,xiii4 #fei4 #acj ,annual ,message1 #dast ,cong4 #c;d ,sess41 ,december #e1 #ahgj4 #aca ,annual ,message1 #bast ,cong4 #ast ,sess41 ,december #h1 #ahbi4 #acb ,annual ,message1 #bast ,cong4 #b;d ,sess41 ,december #g1 #ahcj4 #acc ,annual ,message1 #bb;d ,cong4 #ast ,sess41 ,december #f1 #ahca4 #acd ,letter to ,harmer ,denny1 ,december #b1 #ahch1 cited in ,letter of ,acceptance1 ,december #ai1 #ahci3 ,niles's ,register1 ,vol4 ,,lv4 p4 #cfa2 ,,lvii4 #cgi4 #ace ,speech at the ,dayton ,convention1 ,september #aj1 #ahdj3 ,niles's ,register1 ,vol4 ,,lix4 p4 #gj4 #acf ,speech at ,taylorsville1 ,hanover ,county1 ,virginia1 ,june #bg1 #ahdj3 ,works1 ,vol4 ,,vi4 p4 #dba4 #acg ,letter to the ,young ,men of ,philadelphia3 ,national ,intelligencer1 ,september #bf1 #ahdb4 #ach ,national ,intelligencer1 ,may #b1 and ,boston ,daily ,advertiser1 ,may #f1 #ahdd4 #aci ,national ,intelligencer1 ,may #d1 #ahdd4 #adj ,congressional ,globe1 #cith ,cong4 #ast ,sess41 p4 #icb4 #ada ,de la ,dmocratie en ,amrique1 ,tom4 ,i4 ,ch4 ,,viii41 ,de la ,rlection du ,prsident4 #adb ,ibid4 #adc ,discourse ,,iv4 #add ,on the subject of this picture1 see ,wornum1 ,descriptive and ,historical ,catalogue of the ,pictures in the ,national ,gallery1 ,foreign ,schools1 p4 #bhh2 also1 ,larousse1 ,dictionnaire ,universel1 ,tom4 ,,iv4 p4 #icb1 art4 ,,congr,s ,,de ,m,,nster4 #ade ,de ,groote ,schouburgh der ,nederlantsche ,konstschilders en ,schilderessen4 ,gravenhage1 #agec4 #adf ,la ,calcografia propriamente detta1 ossia ,l',arte d'incidere in ,rame coll' ,acqua-forte1 col ,bulino e colla ,punta3 ,ragionamenti letti nelle adunanze dell' ,i4 ,r4 ,istituto di ,scienze1 ,lettere ed ,arte del ,regno ,lombardo-,veneto4 ,da ,giuseppe ,longhi4 ,vol4 ,i4 ,concernnte la ,teorica dell' ,arte4 ,milano1 #ahcj4--,the death of the author the following year prevented the completion of his work2 but in #ahcg a supplementary volume on the ,practice of the ,art1 by ,carl ,barth1 appeared in connection with a translation by him of ,longhi's volume1 under the title1 ,die ,kupferstecherei oder die ,kunst in ,kupfer zu stechen und zu tzen4 7,no translation has been made into ,french or ,english47 ,this rare volume is in the ,congressional ,library1 among the books which belonged originally to ,hon4 ,george ,p4 ,marsh1 our excellent and most scholarly ,minister in ,italy4 ,i asked for it in vain at the ,paris ,cabinet of ,engravings1 and also at the ,imperial ,library4 #adg ,la ,calcografia1 p4 #ca4 #adh ,la ,calcografia1 pp4 #h-ac4 #adi ,la ,calcografia1 p4 #ga4 #aej 8,ich bin dazu geboren1 dass ich mit den ,rotten und ,teufeln muss kriegen und zu ,felde liegen2 darum meine ,bcher viel strmisch und kriegerisch sind4 ,ich muss die ,kltze und ,stmme ausreuten1 ,dornen und ,hecken wegbauen1 die ,pltzen ausfllen1 und bin der grobe ,waldrechter1 der ,bahn brechen und zurichten muss4 ,aber ,m4 ,philipps fahret suberlich und stille daher1 bauet und pflanzet1 set und begeusst1 mit ,lust1 nachdem ,gott ihm hat gegeben seine ,gaben reichlich40--,vorrede auf ,philippi ,melanchthonis ,auslegung der ,epistel an die ,colosser3 ,smtliche ,schriften1 7,halle1 #agdj-ec17 #a ,theil1 coll4 #aii-bjj4 #aea ,vite1 7,firenze1 #aheg17 ,vol4 ,,xiii4 p4 #ci4 #aeb ,la ,calcografia1 pp4 #ii-ajj1 note4 #aec 8,se cieca fede prestarsi dovesse alle decisioni dell',enciclopedia metodica1 noi dovremmo ammirare in ,cornelio ,wisscher il corifeo dell'arte nostra1 dicendo essa1 che gli artisti s'accordano in aggiudicargli la palma dell'incisione40--,la ,calcografia1 p4 #add4 #aed ,x,v,ie et ,x,v,i,ie ,sicles1 p4 #abb4 #aee ,les ,homines ,illustres1 ,tom4 ,,ii4 p4 #ig4--,the excellent copy of this work in the ,congressional ,library belonged to ,mr4 ,marsh4 ,the prints are early impressions4 #aef ,la ,calcografia1 p4 #aaf4 #aeg ,ibid41 p4 #afe1 note4 #aeh ,something in this success is doubtless due to ,le ,brun1 whom ,nanteuil translated1--especially as an earlier portrait of ,pomponne by him is little regarded4 ,but it is the engraver1 and not the painter1 that is praised1--thus showing the part which his art may perform4 ,there is much in this portrait1 especially in the eyes1 to suggest the late ,sir ,frederick ,bruce1 ,british ,minister at ,washington1 who1 when a youth in the diplomatic suite of ,lord ,ashburton1 was called by ,mr4 ,choate 8the ,corinthian part of the ,british ,legation40 #aei ,panegyrique ,funebre de ,messire ,pomponne de ,bellivre1 ,premier ,president au ,parlement4 ,prononc l' ,hostel ,dieu de ,paris le #ag ,avril #afeg1 au ,service solennel fait par l'ordre de ,messieurs les ,administrateurs4 ,par un ,chanoine ,regulier de la ,congregation de ,france4 ,a ,paris1 ,m4 ,,dc4 ,,lvii4--,the ,dedication shows this to have been the work of ,f4 ,l4 ,alemant4 #afj 8,jettent plutost de la fume que de la lumire03 8magis de sublime fumantem quam flammantem40--,prfat4 in vit4 ,s4 ,malach4 #afa ,an application by the preacher1 of the first clause of his text3 8,gloria et diviti in domo ejus1 et justitia ejus manet in sculum sculi40--,ps4 cxi4 #c1 ,vulg4 #afb ,les ,hommes ,illustres1 par ,perrault1--cited ante1 p4 #ccg4 ,see1 ,tom4 ,,ii4 p4 #ec1 a memoir of ,bellivre1 with a portrait by ,edelinck4 #afc ,la ,calcografia1 pp4 #agb1 #agg4 #afd ,la ,calcografia1 p4 #agf4 #afe ,metam4 ,lib4 ,,ii4 #e4 #aff ,la ,calcografia1 pp4 #afe1 #dah4 #afg ,see ,quatremre ,de ,quincy1 ,histoire de la ,vie et des ,ouvrages de ,raphal1 7,paris1 #ahcc17 pp4 #aic-ig4 #afh ,les ,arts au ,moyen ,age et l',epoque de la ,renaissance1 par ,paul ,lacroix1 7,paris1 #ahfi17 p4 #bih4 #afi ,virgil1 ,ecl4 ,i4 #fg4 #agj ,arnold ,houbraken1 ,de ,groote ,schouburgh der ,nederlantsche ,konstschilders en ,schilderessen4 ,cited1 ante1 p4 #cca4 #aga ,la ,calcografia1 p4 #bji4 #agb ,visits and ,sketches at ,home and ,abroad1 7,london1 #ahcd17 ,vol4 ,,ii4 p4 #ahh1 note4 #agc ,longhi1 ,la ,calcografia1 p4 #aii4 #agd ,speech in the ,senate1 on the ,oregon ,bill1 ,june #bg1 #ahdh3 ,speeches1 ,vol4 ,,iv4 pp4 #ejg-ab4 #age ,speech of ,mr4 ,pettit1 of ,indiana1 in the ,senate1 on the ,nebraska and ,kansas ,bill1 ,february #bj1 #ahed3 ,congressional ,globe1 #cc;d ,cong4 #ast ,sess41 p4 #bad4 #agf ,congressional ,globe1 #cfth ,cong4 #b;d ,sess41 p4 #dhg4 #agg ,crosby's ,life of ,lincoln1 7,philadelphia1 #ahfe17 pp4 #hf1 #hg4 ,philadelphia ,inquirer1 ,february #bc1 #ahfa4 #agh ,rebellion ,record1 ,vol4 ,i41 ,documents1 pp4 #de1 #df4 #agi ,address at the ,consecration of the ,national ,cemetery at ,gettysburg1 ,november #ai1 #ahfc4--8;,copied from the original40 ,arnold's ,history of ,abraham ,lincoln and the ,overthrow of ,slavery1 7,chicago1 #ahff17 pp4 #dbc-df4 #ahj ,table-,talk2 ,the ,king4 #aha ,essai ,politique sur le ,royaume de ,la ,nouvelle ,espagne1 ,liv4 ,,ii4 ch4 #f4 #ahb ,charles ,comte1 ,trait de ,lgislation1 ,tom4 ,,iv41 pp4 #abi1 #dde4 #ahc ,bouvier1 ,law ,dictionary1 7#c;d edit417 art4 ,,freeman4 #ahd ,corfield v4 ,coryell1 #d ,washington1 ,c4 ,c4 ,r41 #cha4 #ahe ,johnson3 ,prologue spoken by ,mr4 ,garrick at the opening of the ,theatre ,royal1 ,drury ,lane1 #agdg4 #ahf ,du ,contrat ,social1 ,liv4 ,,ii4 ch4 #aa4 #ahg ,chronicles1 7,london1 #ahjg17 ,vol4 ,i4 p4 #dad3 ,description of ,england1 ,book ,,iii4 ch4 #af4 #ahh ,wintermute v4 ,clarke1 #e ,sandford1 ,r41 #bdg4 #ahi ,law of ,bailments1 #dgf4 #aij #b ,commentaries1 #eib1 note4 #aia #b ,commentaries1 #eig1 note4 #aib #b ,law of ,contracts1 #aej4 #aic ,chambers's ,encyclopdia1 art4 ,,inn and ,,innkeeper4 #aid ,story1 ,law of ,bailments1 #eia4 #aie #b ,law of ,contracts1 #bbe-bi4 #aif ,pierce1 ,american ,railroad ,law1 #dhi4 #aig ,west ,chester and ,philadelphia ,railroad ,co4 v4 ,miles2 #ee ,pennsylvania ,state ,r41 #bji 7#ahfg74 #aih 8,pallida ,mors quo pulsat pede pauperum tabernas1 ,regumque turres40--,carm4 ,i4 iv4 #ac-ad4 #aii ,this sentiment of ,equality appears also in the 8,roman de la ,rose10 an early poem of ,france1 where the bodies of princes are said to be worth no more than that of a ploughman3-- 8,car lor cors ne vault une pomme ,oultre le cors d'ung charruier40--vv4 #ahgib-c4 #bjj ,romaunt of the ,rose1 #bahg-ig3 ,poetical ,works1 ed4 ,tyrwhitt 7,london1 ,moxon1 #ahdc74 #bja ,smith's ,dictionary of ,greek and ,roman ,antiquities1 art4 ,,servus4 #bjb ,works1 ed4 ,sparks1 ,vol4 ,i4 p4 #ahj4 #bjc ,gibbon1 ,decline and ,fall of the ,roman ,empire1 ,ch4 ,,xl4 #bjd ,sismondi1 ,history of the ,italian ,republic1 7,london1 #ahcb17 p4 #aae4 #bje ,boswell's ,life of ,johnson1 7,london1 #ahce17 ,vol4 ,,ii4 p4 #bfc4 #bjf ,constitution1 ,article ,,vi4 #bjg ,smith v4 ,gould1 #b ,lord ,raymond1 ,r4 #abgd4 #bjh ,declaration of ,rights1 ,october #ad1 #aggd3 ,journal of ,congress1 #aggd-hi1 7#ast edit417 ,vol4 ,i4 pp4 #bg-cj4 #bji ,campbell1 ,lives of the ,chief-,justices of ,england1 7,london1 #ahdi17 ,vol4 ,,ii4 p4 #ach4 #baj ,ibid41 pp4 #aah1 #ace4 #baa #ab ,ohio ,rep41 #bcg4 #bab ,van ,camp v4 ,board of ,education of ,logan3 #i ,ohio ,state ,rep41 #djf4 #bac #d ,ohio ,rep41 #ced4 #bad ,address of ,president ,lincoln at ,gettysburg3 ,ante1 p4 #cgh4 #bae ,matthew1 xxiii4 #bg4 #baf #a ,samuel1 xvi4 #g4 #bag ,acts1 xxii4 #be1 #bf1 #bi4 #bah ,plutarch4 ,de ,alexandri ,magni sive ,fortuna sive ,virtute1--,orat4 ,i43 ,moralia1 ed4 ,reiske1 p4 #cjb4 #bai ,speech in the ,senate1 ,may #ai1 #ahfb3 ,congressional ,globe1 #cgth ,cong4 #b;d ,sess41 pp4 #baij1 #baie2 ante1 ,vol4 ,,ix4 pp4 #bg1 #gj4 #bbj ,the first seven paragraphs under the head of 8,need of ,additional ,legislation03 ,executive ,documents1 #dast ,cong4 #c;d ,sess41 ,senate1 ,no4 #bj1 pp4 #g1 #h4 #bba ,congressional ,globe1 #db;d ,cong4 #b;d ,sess41 p4 #ehg4 #bbb ,ibid41 ,appendix1 p4 #d4 #bbc #d ,wheaton1 ,r41 pp4 #dac1 #dba4 #bbd ,see1 ante1 p4 #bcd4 #bbe ,for this history1 see ,introduction1 ante1 p4 #bje4 #bbf ,statutes at ,large1 ,vol4 ,,xiv4 pp4 #bg-bi4 #bbg ,commentaries on the ,constitution1 7#b;d edit417 #ahgg4 #bbh ,ibid41 #ahgi4 #bbi ,see ,no4 for ,february1 #ahgb1 ,vol4 ,,xxix4 pp4 #ahi-aia4 ,also1 ,parton's ,life of ,jefferson1 pp4 #ee-eh4 #bcj ,the ,struggles1 7,social1 ,financial1 and ,political17 of ,petroleum ,v4 ,nasby1 p4 #ga4 #bca ,journey through the ,upper ,provinces of ,india1 7,london1 #ahbi17 ,vol4 ,,iii4 p4 #cee4 #bcb ,works1 ,vol4 ,,iv4 pp4 #ejg1 #eaa1 #eab4 #bcc ,speech in the ,senate1 on the ,nebraska and ,kansas ,bill1 ,february #bj1 #ahed3 ,congressional ,globe1 #cc;d ,cong4 #ast ,sess41 ,appendix1 p4 #bad4 #bcd ,works1 ,vol4 ,i4 pp4 #bad1 #bae4 #bce ,political ,debates between ,hon4 ,abraham ,lincoln and ,hon4 ,stephen ,a4 ,douglas in the ,campaign of #aheh in ,illinois1 pp4 #ce1 #cg1 #eb1 #aaf1 #aee1 #age4 #bcf ,ibid41 p4 #agh4 #bcg ,speech on ,mr4 ,trumbull's ,amendment to ,mr4 ,mason's ,resolution relative to the ,invasion of ,harper's ,ferry by ,john ,brown3 ,congressional ,globe1 #cfth ,cong4 #ast ,sess41 p4 #ajj4 #bch ,speech on the ,admission of ,georgia to ,representation in ,congress3 ,congressional ,globe1 #dast ,cong4 #b;d ,sess41 p4 #bdc-de4 #bci ,speech1 ,february #a1 #ahgb3 ,congressional ,globe1 #db;d ,cong4 #b;d ,sess41 p4 #gfa4 #bdj ,bancroft1 ,history of the ,united ,states1 ,vol4 ,,viii4 p4 #dgb4 #bda ,ibid41 p4 #dge4 #bdb ,works1 ,vol4 ,,ix4 p4 #dbj4