E 668 I— .B77 Copy 1 '§^ttomtxmtxm : |ts Crue ^mxB. SPEECH HON. GEORCtE S. BOUTWELL, WEYMOUTH, MASS., JULY 4, 1865. BOSTON: WEIGHT & POTTER, PRINTERS, 4 SPRING LA.NE. 1865. Iltrnnstmdbit : |ts Crm §iisb. SPEECH HON. GEORGE S. BOUTWELL, WEYMOUXH,,MASS., JULY 4, 1865. BOSTON: WRIGHT & POTTER, PRINTERS, 4 SPRING LANE. 18 6 5. Weymouth, July 10, 1865. Dear Sir, — Bj' direction of the Committee of Arrangements for the celebration in Weymouth of the late Anniversary of our National Independence, I have the honor to express to you their cordial thanks for the very able, instructive and eloquent Address delivered by you before the citizens of this town on that occasion, and also to request from you the favor of a copy of the Address for publication. Very respectfully, your obedient servant, Z. L. BICKNELL, Chairman Comniiitee of Arrangements. Hon. George S. Boutwell. Groton, July 12, 1865. Sir, — Be pleased to express to the Committee of Arrangements ray thanks for the vote passed by them requesting a copy for publication of the Address delivered by me on the 4th instant. It will give me pleasure to comply with the request. I am, very respectfully, your obedient servant, GEO. S. BOUTWELL. Z. L. BiCKNELL, Esq., Chairman of Committee of Arrangements. SPEECH: 1 Fellow Citizens, — The series of events of the last four years, eiidmg m the overthrow of the rebelhon, mipose upon us obhgations and duties more important and solemn than have rested upon the American people at any previous period in their histor}^ We are able, however, for the first time to rejoice in the complete, or, at least, in the near fulfilment of the great truths contained in the second paragraph of the Declara- tion of Independence. Our ancestors said : " We hold these truths to be self-evident; that all men are created equal, and that they are endowed by their Creator Avith certain natural, essential and unalienable rights, among which are life, liberty, and the pursuit of happiness." They believed these cardinal truths; and Mr. Jefterson, in the original draft of the Declaration of Independence, charged the King of Great Britain, in addition to many other allegations, with the pre-eminent crime of having countenanced the African slave-trade, and opposed all measures for its overthroAv or restriction. We have passed through a great struggle, which was a necessary incident of oiu- national life, due to tlic fact, whk-h now Ave can comprelicnd, and wliich it is lu-itliei- disgrace to our fathers, nor dishonor to us, to confess, that our national system contained a fundamental error; namely, that it was possijjle to set np and main- tain jjermanently a government based in part upon the ])rinciple that " all men are created equal,"" and in i)ai-t upon the i)rinciple that a certain portion of mankind have the right to hold a certain other j^ortion in bondage. This was the experunent in government tried here by the adoption of the Constitution of 1789, and the experiment has fiiiled. The government which was then set up, founded in i)art upon the principles of freedom, and in part upon the jjrinciples of slav- er}", has failed ; it has gone do"\\ni in blood, amid horrors such as have not often been Avitnessed in Christian countries. There has been no failure of republican institutions; nothing has occuri-ed to diminish our confidence in the capacity of the people to govern themselves; but on the other hand, their conduct in relation to the questions and issues of the times is the sublimcst event of history, and fur- nishes conclusi\^' evidence that just governments are strong, and democratic governments arc wise. The question before us is, whether out of this strug- gh' tlu'i-c sliall couie a nation ])Ui"irK'd and glorious and |»('i maiu'iit in its institutions and in its policy or not. Thus far, lUKler Proviclence, the Union and the cause of justice have triumphed. We look upon the past with satisfaction, marred in two particuhu's only; first, that so many of the brave men of the Republic have fallen in defence of its principles and of its integrity; and secondly, that he who was the moderate, consistent and trusted leader of the people, finally became the great martyr to Repub- lican institutions, to the right of this nation to be free. I congratulate myself, and I congratulate you, that in the course of remark on which I purpose to enter to-day, I follow the lead of that great man, — who, intellectually and morally, will stand among the foremost men of this country, of this age, and of the world, — in reference to the rights of the negro race as citizens of this country, and inhabit- ants of this continent. We know now, from the record exposed since his death, that it was one of the objects which he had near to his heart, to secure to the negro population the right of suffrage, with- out which, I shall, as I think, be able to show you, there can, in this country, and under Republican institutions, be no security for any other right whatever. We have come out of the war triumphantly. We entered upon it, four years ago, reluctantly, uncertain as to the issue. There were those who, seeing beyond the present moment, were assured 8 fliat tlic i)('()])l(' Avlio occupied the continent, tlie descendants ol' the men who, in tlie first paragraph of the Deehiration of Independence, before the Constitntion was formed, or the Union, in terms, liad an existence, deehired that these then united colonies constituted one people, would never give up their right to he the inhabitants of a countiy indivisible and perpetual. That expectation, gen- tlemen, has not only been I'calized, but we have also subjugated those who, more than thirty years ago, treasonably conspired for the overthrow of this government, for the destruction of Rei3ublican institutions on this continent, and for the suppres- sion of the hopes of liberty and of freemen throughout the Avorld. They are sul)jngated; and tiie question remaining for you, citizen soldiers, for you, citizens of the Republic, to decide is, whether, in the reconstruction of the government, those men, and they who, like tliem in pi'inciple are like tliem also in ])ui poses, shall reappear to guide, control, disturb, and finally ruin the Kepublic ; or whether you will reconstruct the nation u])<)u the eternal princi])le of the Declara- tion of Independence, that '^ all men are created c'luai?" Justici', juKiivc is the only ibundation ibr statesman-^Iii|), tlie only security foi* national life, and oni" falln'i's, in (h'])arting Ironi tht> pi'in- l(' of jn>-ti('e, in llu' original construction ol' tills govermni'nt, Id't to tlieir j)osterity the woes 9 through Avhich we have passed. Believing, as I do, that these horrors, and sacrifices and sufferings are a just judgment of Heaven upon this nation, for its great sin in reference to the institution of slavery, — which is but one form of injustice, — so here and everywhere during these four years, I do pledge and have pledged myself to resist the re-establishment of this government upon the principle of injustice. If there be those, few or many, who, in their anxiety to reconstruct their government speedily, and according to its ancient forms, choose to forego the securities which ought to be taken, I have no lot or part with them. I prefer to stand alone upon the principle of justice as the only foundation on which the government can securely rest. And if there be those Avho choose to take the responsibility of becoming, in the eyes of posterity, the agents for the repeti- tion of the woes which we have endured, let the responsibility be upon them. I feel assured, however, that whatever ma}^ be the prejudices of some, whatever may be the influence of tradi- tion upon others, whatever may be the distinctions of race or color that exist among us, the people of this country are finally to re-establish the government upon the distinct enunciation of the doctrine that " all men are created equal." Building upon that foundation, the nation will withstand the storms and the floods of time; 10 iMit if you l)uild upon injustice, upon -wrong, U})()n distinctions of race, of color, oi- upon caste, 30U l)uikl upon the sand, and when the storms ^'onie, and the winds ]j1(jav, and the rains fall, I lull will the structure tliat you liave reared be l)rouij;ht (h)wn in ruin upon your lieads. Xor is the triunipli oi' the day limited to the restoration of the Union as a result, and the (over- throw of shivery as an incident of tlie war. We have phiced the United States, as a nation, in the front rank of the nations of the earth. We have had no Avar with England or Avitli France, and we trust that the time is far distant when there shall be any rupture of the relations of amity that now exist. This nation is foi; jDcace, as it ever has l)een- but in the subjugation of the reljcls of the South, we have conquered both England and France, as well as the enemies of Hepublican institutions the Avorld over. If you Avere to ask an Englishman Avhether France or the United States is the first naval and military poAver of the world, he Avould ansAver at once, the United States. If you Avere to ask a Frenchman Avhether England oi- the I nited States is the hrst naval and military jxjAvci', lu- would also ansAA'cr, the United States. If you Avere to ])ut the question to a Kussian, whether England or Fi'ance or the United States is the chief military and naval poAver of the Avorld, he AVijuld at once answer, the United States. As 11 Themistoclcs acquired the reputation of being the first general of Greece by the circumstance that all his rivals recognized him as the second in merit, each claiming to be the first himself, so we, by the judgment of the people of all those nations, are to-day accorded the first rank among the naval and. military powers of the earth. I hope you will pardon me, my friends, if now, before I proceed to the purpose which I have in view on this occasion, I refer to the circumstance of my invitation to speak here to-day, that there may be no misunderstanding on the part of any. Your committee, when thus honoring me, received the statement that I preferred not then to accept it, but rather desired that they should communicate to their asso- ciates of the committee and to the public possibly, to some extent, the fact that if I accepted the invitation, I must do it with the distinct under- standing that I was to discuss those topics, and those only, which concern the fortunes of the coun- tr3^ The time has long since passed when I had the ambition to speak for the purpose of sj^eaking; and during this war I have invariably declared what I believed to be the truth without regard to any consequences personal to myself. I wish thus early to state my views of the policy now pursued b}^ the administration in reference to the great subject of reconstruction, because it is quite likely there may 12 be some ])rc.sent who will draw inferences from what I shall oiler. If I imderstand President Johnson, he does not object to negro suttVage. It is, how- ever, his desire that the right should hd extended to the negroes of the once existing eleven States, recently in rebellion, by the white peojile of those States, wlio wci-e authorized to vtjte when the rebellion commenced. If negro suffrage can be secured in that way, I shall, for one, readily accept the result without any inquiry as to the means. But if, on the other hand, as I expect, the attempt to secure negro suffrage, thi'ough the white people of the eleven rebel States, shall I'ail, I then expect that President Johnson and those who are co- operating with him, Avill accept the judgment of the country, — if it sliall ])rove' to be the judgment of the coinitry, — that negro suffrage must be secured by some other means. Therefore, while I am content that these effort^s should be made, and while I shall Avelcome the result, if it be favorable, I look u])on the efforts as experiments, not ])inding u])on President Johnson or upon his administration or on the country; and as was the fact in 18G1 and '02, in reference to the expediency of emancipation, and the inrolnient of colored soldiers in the aiiiiv of tlie Kepublic, 1 now expect that the people will take this uKiiler into ihcii- own hands. I bchevi', with reference to President John- son, ;is ill |S(jl and '()!} I believed in reference 13 to President Lincoln, that he will accept the judgment of the country, if, upon the whole, the public opinion shall be that negro suffrage is essential to the security of the Union as well as to the protection of the negroes themselves. Therefore I counsel discussion, argument, on the part of those who believe in negro suffrage; jDatience, that those in authority may have an ojDportunity to make this effort to secure the reconstruction of the government according to the ideas that have first presented themselves to them ; that no one be committed to any particular line of policy, but all look to the grand result — the recon- struction of the government upon the jDrinciple of the equality of men. But such is my confidence in the justice of the policy Avhich we maintain, such my conviction of its necessity, that I am assured it does not only not need the support which we now attempt to render, but that its success is not even dependent upon the power of office or the wisdom of leaders. There was a Divine policy in our affairs which made emancipation a necessity; and we are now so subject to circumstances that all plans for the reconstruction of the govermnent which do not recognize the political rights of the negro are sure to fail. The white men of the ]N^orth must recog- nize the political rights of the black men of the South or surrender their own equality in the gov- 14 crnmc'iit of the country. They iinist decree political freedom for the l)hi(lf this policy; but in any event the argu- ment in favor of negro sutfrage in the rebellious 15 districts is as valid when addressed to Illinois or Indiana as when "addressed to 'Ne^y York or Massa- chusetts. The war for freedom and the Union has been carried on by the whites and negroes born on this continent, by the Irish and the Germans, and indeed by representatives of every European race, ^^ith this fresh exjoerience we ought to make it a part of the organic government that no State shall make any distinction in the enjojTnent of the elective franchise on account of race or color. Asking you to bear with me while I proceed farther in the discussion of this subject, I desire to call your attention in the outset, to the question of the power of the National Government over the eleven States that have been engaged in this rebel- lion ; to the question of power with reference to the result we seek, the right of the negro to vote in the State where he happens to be. There are those who believe that these eleven States are States in the Union precisely as they were in 1860 ; or rather, there are those who use language which Avould lead us to believe that they are of opinion that the eleven rebellious States are still States in the Union. The fact, however, is, that the Government, during these foiu* years, has proceeded upon the idea that they were not States. President Johnson himself, in the declarations he makes to the provisional Governors whom he is just now appointing, says 16 that, in order tliat the' Kepresentatives of those States may be recognized by the Senate and House, they must abolish llic institution oC slavery, and ratify the amendment to the Constitution, ])roliilHt- ing shiveiy in the United States. AVould he address that language to !N^ew York, or (Jliio, or Massachusetts? In the very fact that provisional Governors are appointed, in the very fact that terais are made with those provisional Governors, and, through them, with the people, we liave evidence abundant that the President does not recognize these States as States in the Union, with the powers of the old States. They are in a difterent condition, confessedly. Will any one even i)retend that South Carolina has the same immediate, unquestionable, indisputable right of representation in the Senate and House that is enjoyed by Xew York and the other loyal States? In the House of Representatives, for example, although the Con- stitution of the United States says that a majority of the House shall be a quorum for doing busi- ness, and it would require one hundred and eighteen at least to make a majority of all the membei-s of the House of Representatives, including representatives fi'om the eleven disloyal States, we still lia\e been acting, — laws have been passed, armies have been raised, i)ubrK' dclii has been incurred. IjoikIs ha\i' l)een issued, — upon the |)rin- ciple that a (piorum was a majority of the rcprcsen- 17 tatives from the loyal States. JSTinety-four instead of one hmidrecl and eighteen has been the recog- nized quorum of the Thirty-Eighth Congress. We have acted upon the principle that those who were not present, who were voluntarily absent, were not to be considered or consulted at all; and in the same manner, gentlemen, we shall be obliged to act finally in reference to the amendment to the Constitution. There are twenty-five loyal States of the Union; there are eleven disloyal States, that have not been represented in either branch of Con- gress for four years; that have had neither gov- ernor nor judge nor legislator within their limits sworn to support the Constitution of the United States; but, on the other hand, all their State and local officers have taken an oath, abjuring the Con- stitution of the United States. I wish, in the beginning, to assail the doctrine that these States, because they were once States in this Union, are still States in this Union. We assert that they have ceased to exist, and I think I can show you how they have ceased to exist. Consider, first, how a State is created. It is created, as you all know, by the will of the people within its Imiits. How was Massachusetts created? By an assembly of the representatives of the people of the State forming a Constitution, submitting it to the people, and when that Constitution was ratified, by the election of officers under it. They did not yield to 18 external j^owcr or external aiitliority. A State, as a political oi-gaiiization, is the product, the politi- cal product, of the people within its limits; it can- not 1k' created, it never has been created, by any external force whatever. But what follows? I am, as far as this doctrine is concerned, a State-rights man ; not one who Ijelieves in the sovereignty of the State over the nation, ncjt one who believes m the right of the smallest State, as Delaware, for example, to decide Avhether this Republic has a right to exist or not; but I am of those who believe that State rights are a necessary and essential fact in the political organization and Constitution of this country; and, while subject to the supreme author- ity of the nation, the States are powerful instru- ments to protect public liberty, promote the general welfare, and secure the blessings of freedom to ourselves and our posterity. Can a State be destroyed? I answer it can. That is to say, its jjolitical existence, including its organic law, can be destroyed, — eradicated. By whom? By the people who created it. Do 3'ou say they have no right to destroy it? I answer, in concurrence, they have no right to destroy it, but we must look at the fact, and not at theories, nor even at the mere declaration of the law. The declaration of the law, bolli hniiinn and divine, is, that no man has a i-ight to take his own life; but it is possible foi- a man to take his life, and when he has taken 19 his life, it is useless, it is visionaiy, it is insane for men to stand up and say, " This thing cannot be done, — God's law is against it." It is done; the dead body is before you. And so it is useless to say that the people of a State cannot destroy the State, because they have no legal right so to do. It is not a question of legal right, it is a question of fact. IS^ow, what are the facts? Take South Carolina, for example. Is she a State of the American Union? Did she not, in the most solemn manner laioAvn to human proceedings, in December, 1860, declare that she ceased to exist as a State of the American Union ! Did she not proceed, in con- formity witli that declaration, to annul all her relations to the IS^ational Government, and to create new relations with another government, foreign and hostile to the government of the United States ? and has she not dm-ing these four years, sturdily refused to elect any man to office who was known to be in favor of the government of the United States? and after all this, do you say that South Carolina is still a State of the American Union? "What else did she do? She preserved her State organization; but she transferred her allegiance to the so-called Confederate States. Hence as a j)olit- ical organization as a body or corporation or State which the government of the United States could recognize, she, by her own act, ceased to exist. 20 "What followed? By the success of our arms, we have destroyed the State of South Carolina, that professed to owe allegiance to the so-called Con- federate States, and the old State of South Caro- lina has not been reproduced, and theref(H*e there is no State of South Carolina, as a political organi- zation, which can be recognized. All men, I think, when pnt to the test, will achnit it. If Mr. Khett, or any other man from South Carolina, were to come to the Senate of the United States and say, " South Carolina is a State in this nation ; I have been duly elected by the legislature of that State; I ask for my seat;" would he not be rejected? and for this reason, that South Carolina, at the present moment, in the judgment of everybody, has not that immediate, and distinct, and unquestioned, and unquestionable right to be represented in Con- gress, that appertains to Kew York, or Pennsyl- vania, or Ohio. What I ask of the country is to accept this fact, that the political organization known as South Carolina has ceased to exist by the will of the people who at the fii'st created, and who from the first until 18G0 sustained that organ- ization as one of the States of the American Union. "Wliat follows? That South Carolina, the people and territory, are out of the Uni(m? that they have seceded? By no means. The jurisdiction and authority which the National Gov- ernment originally had over the territory and people 21 of South Carolina remain, and we shall exercise that jurisdiction and authority just as far and as fast as we can. But the result is, that for the pur- poses of Government to-day, South Carolina is a blank piece of paper, on which may be written a new form of government, on wliich a new form of government must be written by the people of South Carolina, and can be written by nobody else. What next? What is the authority of the General Government? A State may exist by the will of its own people; but it cannot exist, pri- marily and originally, as a State of the American Union, and, indeed, it cannot exist at all as a State of the American Union, except by the consent of the representatives of the existing government. Therefore, when South Carolina has formed her government, and asks for the admission of her Senators and Kepresentatives into Congress, it is then for the Representatives of the existing States and of the people of the Union to say whether they shall be admitted or not. At this stage in the proceedings there is a legal and con- stitutional opportunity to examine their principles of Government, and decide whether they are in general correspondence with the settled policy of the country. If you assent to what I have said thus far, then I ask you confidentl}^ to accept without argu- ment the proposition, which I should be ashamed 22 to ar<^iic to any of my countrymen, that a Constitution -which disfranchises more than half the people of a State is not a "Republican fonn of Government," in the eye of the Constitution of the United States, and which we are bound to protect a people in maintaining- and enjoying. It is just at this j^oint that we have the power over the j^eople of all the rebel States with refer- ence to the Constitutions or forms of Government which they may set up. With your leave, gentlemen, I will read a state- ment, as sucdinct and direct as I could prepare u2)on this point, which was framed more than a year since, and which I have no disposition to alter in the least degree. It is this : That a State can exist or cease to exist only ])y the will of the people within its limits, and it cannot be created or destroyed by the external force or opinion of other States, or even by the judgment or action of the nation itself; a State when created by the will of its people can become a member of the American Union only by its own organized action and the concurrent action of the existing national Govern- ment; when a State has been admitted to the Union, no vote, resolution, ordinance, or proceed- ing, on its part, however formal in eliarac-ter or vigorously sustained, can deprive the National Gov- ernment of the legal jurisdiction and sovereignty over the territory and people of such State which 23 existed previous to the aet of admission, or which were acquired thereby; that the effect of tlie so- called acts, resolutions, and ordinances of secession adopted by the eleven States engaged in the pres- ent rebellion is, and can only be, to destroy those political organizations as States, Avhile the legal and constitutional jurisdiction and authority of the National Government over the people and territory remain unimpaired; that these several communities can be organized into States only by the will of the loyal people expressed freely and in the absence of all coercion; that States so organized can become States of the American Union onl}^ when they shall have applied for admission, and their admission shall have been authorized by the existing National Government; that when a people have organized a State upon the basis of allegiance to the Union and applied for admission, the character of the institu- tions of such proposed State may constitute a suf- ficient justification for granting or rejecting such application. But if there be those among you Avho still doubt the authority of the ^N^ational Government over the people and territory of the eleven rebel- lious States, I ask them to consider the fact that the Supreme Court ha^ decided that we have been engaged in a territorial war, and that with reference to the territory and people in antagonism to the Government of the United States, we have 24 all tlic I'ights of a belligerent poAver. We have carried on the wai' to' a suceessfnl tennination; we have snbjngated the rebellious people; we have overthrown their militar}^ power; we have acquired jurisdiction over the territory, and con- sequently we have a right to demand, — as much as we should if, in a war with Mexico, we had acquired. Chihuahua or Sonoi'a, — that wlien these once existing States are reconstinicted and admit- ted to the Union, they shall come with institu- tions which are in substantial harmony with the settled policy of the nation. And therefoin?, upon either of these theories, — upon the theory of the j^ower of the people of the rebel States, or upon the theory of the war power of the Government, — we find sufficient reason and justification for what we projiose. And I implore you not to allow yoiu* minds to be diverted from the conclusion which we have thus reached, nor your judgments to be biased by the expectation or apprehension that it is my purpose, upon this foundation, to demand justice for the negro race. I assume not too much when I say that you all, and, indeed, all my coun- trymen of the loyal States who entertain loyal purposes, would accept these conclusions without hesitation, if it were understood that the exercise of this just power ol' the nation were demanded to ])revent the establishment of the office of Gov- ernor ill a single fiunily perpetually, or to prevent 25 in any applicant State the constitution of an order of nobilitj, in which the government of the State shonld be vested permanently. If, then, this assumption be true, 3'our objection is not to the claim that the Greneral Government has this power of scrutiny and exclusion, but to the subject- matter or the manner of its exercise. It remains for me to satisfy you, if I may be able, that the exercise of this power in the interest of universal suffrage in the South is more important to the nation than Avould be its exercise for the exclu- sion of the principle of hereditary right in public office in any or all of the applicant States. In passing, permit me to say that there are four methods or forms of government which might be established in the rebellious States. First, mili- tary governments, responsible to the Executive of the country. Secondly, territorial governments, in w^hich a law of Congress should define and pre- scribe the rights of the people in reference to suf- frage, with the power lodged in the President and Senate to appoint the Governor, Secretary of State, District- Attorney and perhaps some other officers. Thirdly, to recognize these States as States in the American nation, and this without any inquiry and with their old constitutions. And, fourthly, by treating the people of these eleven States as within the jurisdiction of the General Government, but without institutions of any sort, permit them 2G to frame a government anil npi)ly for admission to tlie I'^nion, A military government, being- irresponsible, expensive, and, l<>r tlie most pai-t, tyTannieal, is unaceeptable to the Ameriean people. It can be continued for a short period of time only, ])nt ere long it "woidd be compelled to give place to another fonn. Probably, with reference to some of the States, as Sonth Carolina and Flor- ida, a teiTitorial government wonld be best adapted to the existing condition of things. In Arkansas, Tennessee and Louisiana there is possibly so large a loyal sentiment, that if the colored people were allowed the right of suffrage, those States might be safely i-estored to their ancient relations to the Union. It therefore follows, as the practical result, that it will be necessary to adopt diflerent lines of policy for diflerent States. But I wish 3^ou to consider with me the effect of pennitting these eleven States to act as tliough they were still States within the Union. I believe tin re is one consideration which will control all classes of men in this country, without regard to their opinions concerning the negro ; one consider- ation which will finally control in resisting the recognition of those States except upon the basis of universal suffrage. I refer to the subject of rep- resentation in the lower House of Congress. I ha\e o])ser\'('(l, within a few days, that a lead- ing NcAV York journal has made the i-einark that 27 the friends of negro suffrage were too fast in conceding to the rebelKons States the right of representation for the four million of colored peo- ple. Gentlemen, the fact is, we are neither too fast nor too slow. We have nothing to do with the question. The Constitution of the United States, in its first article, second section, and third paragraph, has settled this matter. The words are these : — "Representatives and direct taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, includ- ing those bound to service for a term of j^cars, and excluding Indians not taxed, three-fifths of all other persons." If the Proclamation of Emancipation is to stand, these four million of heretofore slaves are to be free. They reside in the fifteen old slave State's. These States are to have political power in Con- gress, not only according to the number of loJiite persons Avithin their limits, but according to the number of free persons, black as well as white. "What is the result? To-day, upon the census of 1860, under the three-fifths rule, there are nineteen seats in the House of Representatives which may be filled by men whose constitu- ency, if they were voters, would be negroes of 28 the South. Tn 1870 there "will l)e a new eeiisus, and a new a])[)()rti()niiient of political power. The South will take political power in the House of Kepresentatives according to its combined white and colored population. I have made an estimate, which is probably not far I'rom what Avill prove to be true in 1870. There will be about four and a half million of colored people in the old slave States; there will be about nine million of white people in the old slave States; and there will be about twenty-two million of people in the Free States, — making thirty-five and a half million in all. Upon the constitutional basis, j^olitical pow'er will be apportioned, in 1870, in tliis wise: To the four and a half million of negroes in the South, thirty Re2)resentatives; to the nine million white people in the South, sixt}^ Representatives — ninety Representatives from the South. ' To the t^^'*enty- two million of people iu the iJs^orth, one hundred and forty-four Rej^resentatives in Congress. ]S^ow, wdiat is the inevitable result of the doctrine that these eleven rebellious States are States in tlie Union, and liave a right to be represented as States? It is this : that the nine million of white people in the South are to do all the voting in the fifteen old slave States; and when you con- sider that the war in the South has proved prett}^ nearly a war of extermination of all the men between twenty and forty-five years of age, and 29 that the proportion of women and chikh-en is vastly greater than the natural proportion of women and children to adult males in any community that has not been ravaged by the fires of war, you will understand that the number of voters among those nine million of people will be but a small propor- tion of the whole. These white voters of the South are to elect ninety Representatives to Congress. And who are these white men of the South? They are the men who have been in arms against the Republic and against the soldiers of the Republic. They are of a race which through two centuries has been contaminated by the vilest crime, the crime of slavery, until the whole public sentiment of the South has become debauched, until it has given birth to conspiracies, for the perpetration of the crimes of arson, of murder, of treason, of assassination, in all their hideous and unnamable forms; such crimes as could not have been com- mitted, or even contemplated, in any other country or by any other j^eople. It is out of the institution of slavery that there came the infamous decree by which sixty thousand of the soldiers of the Republic were starved in the prisons and pens of the South; and will the people of this country, if they have a prejudice against the negro race such as human beings never felt toward any of the animate crea- tion, from the foundation of the world until now — will the people of this country, if they have such a 30 prejudice c\'en, exeliule the negroes from the ballot- box, and allow it to be controlled by these nine mil- lion, or the representatives of these nine million, of white people in the South? Under all circum- stances, a majority, a confessed majority of the white people of the South, have shown themselves the enemies of this country; the loyalists among them, — the men who have stood by the old flag, — have been few, '^ like angel visits." On the other hand, the black man, despised, down-trodden, with no reason to cheer or bless the flag of the Kepublic, Avhicli to him, from the foundation of the government until the signal shot uj^on Fort Sumter, had been only the ensign of oppression, with no reminiscences or traditions in its behalf, has proved true to the country, has led and guided and cheered the soldier, has enlisted in the armies of the Kepuljlic, has fought for the integ- rity of the nation and the safety of freedom; and can it l)e — can it he in the heart of any man of the twenty million of inhabitants in the ^orth, with an ingratitude unexampled save in the instance of Judas Iscariot, now to consign these people, their race, and their posterity to the tender mercies of the men who instituted Libby Prison and Ander- sonville, who sent to the islands of the ocean for the pestilence with which they hoped to blast the cities of the North, who instituted arson as a plan, and Anally closed their career of systematic '^ 1 and organized crime by the assassination of the President of the Repubhc? Do 3'ou propose to allow these people to send ninety representatives into the Congress of the United States, when according to nnmbers they Avould be entitled to but sixty? Upon the basis of thirty-five and a half mil- lion of people, a constituency would consist of one hundred and fifty thousand inhabitants; and, the nmnber of members of the House being limited by law to tAvo hiuidred and thirty-four, the white voters of the South would take sixty members in their own right, and thirty more upon the basis of the negro population — giving them ninety votes. They would then lack but twenty-eight votes of a majority in the House of Representatives; twenty- eight votes, which l!^e^Y York alone could give, which two or three other States in a moment of disaflection might give. And what is the result, or at least the possible danger? The government of this country is in the hands of rebels. "Will not the men interested in public securities look to it that no such exigency arise? We have issued two and a half thousand million of public securities, the value of which depends entirely upon the good faith of the people of this country. If you put the power into the hands of these rebels, one of two things is sure to happen, — either that the rebel debt will be foisted upon the N^ational Government or the IS^ational debt will be repudiated. And more 32 than that; if these nine million of people in the South are to elect ninety representatives, they will elect one for every one hundred thousand white persons represented by the voting ]:)opulation ; while in the Xorth it will take one hundred and fifty thousand persons to constitute the basis of rep- resentation; that is', two voters in the South will have equal power in the government of the coun- try with three voters in the Xorth. I submit that the people of the Xorth, unless they are infatuated, so that there is no hope of their being able to com- prehend the means necessary for their own salva- tion, will reject, — once, twice, thrice, continually reject, — every proposition which recognizes those States as States of the American Union. One of two things must happen, — either that the negro shall be allowed to vote, or that, by an amendment to the Constitution, the representative power shall be based upon voters ; and if, as is contended by those who oppose negro sufiVage, these eleven States are States in the Union, as it requires three- fourths of the States to make an amendment to the Constitution, and as the eleven States are more than one-fourth, and are interested in the mainte- nance of the present condition of things, there is no hope of an amenchnent of the Constitution. Therefore, fellow-citizens and countrymen, you have but one path before you, and, thank God, it is the path of justice, and in it you must walk; 33 and that path leads you to contend for and to secure to the negro the right of suffrage in this country. "We are told that the negroes will vote with thair masters. I do not Iniow whether they will or not; but it is no excuse for us, in denying them their rights, to say that they will ^ote in a particular way. If they have the right to vote, we are not to trample that right under our feet, because we infer that they will hereafter exercise it in some way disagreeable to us. But the same persons told us, in 1861 and 1862, that if we put arms in the hands of the negroes, they would fight on the side of their masters. Was that prediction verified? By no means. And neither will this prediction be verified, unless the spirit of the masters is changed, and they vote on the side of this government. It is well enough, also, for its to consider the subject of voting with reference to the negroes of the South. We have a constitutional provision in Massachusetts, that no man shall vote unless he can read the Constitution and write his OAvn name. A very proper provision; but consider that it was instituted with reference to men about whose loyalty there was no question ; but only this ques- tion existed, as to whether they were competent to judge of the administration of public aifairs. In the ordinary course of things, it is necessary that men should be able to read and write, in 34 order to decide intelligently upon questions of public policy. AYe do not, to-day, ask suffrage for the negroes because they are competent to judge of questions of public policy, but "vve ask for suffrage for them because they are in fiivor of this government, and tlie white people of tlie South are against it. That is an issue already made up. Parties have taken their stand. The whites, by a majority, are on one side, the blacks, unanimously, are on the other. They understand that question, and that is the vital question to us. It is not whether, in South Carolina, judges shall be elected by the people, or appointed by the governor; that question very likely would be better solved by men who coidd read and write. But the question in which we are concerned is not a question of internal policy, not a question of local or of State adminis- tration, but the question is, " Shall this government exist? " We know that the negro is in favor of its existence, and, therefore, for all the purposes of voting, whether he can read and write or not, he is a safe depositary of power; and therefore I am in favor of allowing him to vote, without going into any inquiry whether he can read and write, because his power at the ballot-box is now essential to us, just exactly as his power in the field witli tlic bay- onet was essential to us during the war. In this country there are but two means of exercising power. One is by the bayonet, in time of war; tlie other is 35 by the ballot, in time of peace. AYe have taken the bayonet, in time of war, out of the hands of onr rebel enemies. What are we invited to do? To put the ballot, which is the instrument of power in time of peace, into the hands of our enemies, and deprive our friends of the privilege of exercising that power. Was there ever any infatuation equal to this ? If these four million who have been loyal to the flag and to the Union had been Germans in the South, instead of negroes, not a man would have raised the question whether these loyal Germans, upon the restoration of the government, should be allowed to vote. Every man, with one voice, with one acclaim, would have said, " They, of course, are to vote. The only question remaining is, whether the rebels who have been in arms against this government are to be permitted to vote or not." You thus see, my friends, how far the country has been drawn aside from the true question at issue by that ancient prejudice, originating in slavery, and which has been fostered, embittered, and spread by the influence of slavery throughout this country. You are not willing to allow to a patriot under a black skin that which you would readily concede to a patriot under a white skin. Are the people of this country more disposed to put power into the hands of rebels because they are white, than into the hands of patriots Avho happen to be black? 36 Tliei'c arc some over-seiisitivc persons who are ratlici- ivluetant to give suffrage to the negroes, Ix'cause they f'eai' it Avill irritate tlic wliite ])eople of the 8onth. "\Yell, my friends, 1 am for coneiHation. T see already tliat wvy few men in the Sontli ai"e to ])(■ ])unished. Xohody among the whites is to be disfraneliised. Of all the men who are suffered to live and to remain in the South, — white people, I mean, — all will enjoy the elective franchise; and I have ali'cady reached the conclusion, that there arc l)ut two men Avho are in any danger of suffering the penalty of the law for the crime of treason. They are Davis and Lee. I may turn aside for a single moment to say here, Avhat I think will find a response in the judgment of the country, that those two men, above all others, deserve to pay the highest forfeit ever exacted by human tribunals from those who have violated human law. There w^ere many leaders in the rebellion. The guilt of those men is inconceivable, and of course inexpres- sible. But Davis and Lee, by a peculiar supremacy, were the leaders. One was at the head of the mili- tary and the (^ther at the head of the civil and military power of the so-called Confederacy. Tf we select these and execute them, it will be a warn- ing to all men, in all time, that it is not safe to be the leaders of a rebellion against this novt'rnmcnt. Tlici-cfoi'e, by tlieii' execution, you take all the seeiu'itv of the future which you can take. II" vou 37 go bej^ond these two men, I know not where 3 ou are to stop. There are ten, twenty, fifty, one hun- dred, perhaps one thousand other men who are equally gnilty, eaeh Avith the other. Inasmuch as no countr}^ can aftbrd to exact blood, to any con- siderable extent, for political crimes, Ave should do that which will be justified upon the page of histor}^, and Avhich aaIII lead to all the practical benefits which can result from the punishment of any number of traitors. By a peculiar preemi- nence these tAYO men are responsible to the country for the sloAA^ murder of our soldiers in prison. At au}^ moment, DaA^is or Lee could haA^e put a stop to this cruel torture and murder of men, through months and almost years of sufi'ering. It cannot be said, perhaps, of an}^ other man engaged in the rebellion, that it AA^as in his poAA^er to liaA'e suppressed this s^^stematic murder; and therefore they are peculiarly responsible to the army of Republic, to the country, and to mankind for this great crime. It is only second in turpitude to that of Mithridates, king of Pontus, aa-Iio seized a Roman proconsul, cariied him to the city of Pergamus, and ordered melted gold to be poured doAA^n his throat. At the same time he sent a letter to all the cities and proA'inces of his kingdom, directing his officers to seize all persons OAving allegiance to Rome, and execute them on a day 38 naiiK'd. Uutk'!' this order a hundred and fifty thousand men, women and ehikh'en were murdered. Cicero referred to this crime, after the lapse of more tlian twenty years, in his speech, — the greatest perhaps of liis s})eeches, — his speecli for the Manihan law, in Aviiich he urgx'd the appoint- ment of Pompey to tlie supreme command oi' the army as the only means by which this crime and olfcnce to Rome might be avenged in common with other crimes and wrongs which the state had suftcred at the hands of its enemies. But however heinous the crime of the reljels in the treatment of prisoners, and however respon- siljle the Southern people are for the war and its woes, there Avill Ije no condign punishment except wdiat is inflicted upon these two men; possibly even they may escape; but there is one punishment which we can carry home to every rebel in the South. lie has been afraid of negro cqualit}'. The ballot is, in a certain sense, the spnbol of equality. The Declaration of Inde- pendence does not mean that " all men arc created equal " in e^■ely respect, but tliat no man is, by natiii'e, in a state of i)olitical subserviency to any other man. All ai'C equal, — none supivme. 1 know of no j>unishnient wliiih would be so uni- versally eiiicacious throughout tlu- i-ebel Slates as to i)iil into the hand of the negro the l^allot, thai at the l)allot-box once a veai', or once in 39 two years, or once in four years, he may stand the equal of his former master. This is a punish- ment that will go home to every rebel in the eleven rebellious States. By the Emancipation ProcLamation, we have taken the initiatory steps towards the freedom of the negro; but how are liberties secured? Are there laboring men here to-day? Wliat security have they for the integrity of their famihes ? "What security have they for the benefit of the writ of hcibeas corpus? What security have they for the education of their children at the public expense? What security have they that their testimony shall be taken in a court of justice? Their security is in the ballot. We say tliat men possess certain " natural, essential and unalienable rights." How are those rights to be defended? Either by the bayonet or by the ballot. If the negroes are to protect themselves in their rights, it is for the country to give them the means by giving them the ballot. And it is not less in favor of the South than of the whole country that we advocate negro suffrage. We of Massa- chusetts remember the difficulties in Rhode Island, less than quarter of a century ago, when men of our own race, having the political power of the State in their own hands exclusively, refused to recognize the rights of other men of the same race, the same blood, equally qualified with themselves, 40 until tilt' concession was extorted i'roni them by revolution; and do you expect that the white men oi' the South, if you allow them to institute governments with political ])()\vcr in thcii- own hands, exclusively, will ever concede it to the negroes, until the negroes extort it I'roni tlicm at the point of the bayonet? These negroes are four million to-day. They will increase through decades and centuries until they are eight, ten, twenty million, and if you do not give them the right of suffrage now, at some future time, they or their posterity will demand it and secure it by force. Instead, therefore, of being the enemies of the South, when we demand negro suffrage, we are its real friends, because Ave take security in their behalf, at this early day, that hereafter they shall be saved from intestine commotion, from ci^ il and social wars. Perversion and misrepresentation are power- less, and argument thus far has not been heard, in behalf of the monstrous proposition that the ]N^orth should consent to such a reconstruction of this govenmient as will guarantee perpet- ually to two white men in the South tlie i)olil- ical power that is accorded to three white men in the IS^ortli. ^\ ho are they and what are they, if they exist at all within the limits of the loyal States, who ai-e [jrepared to maintain the doctrine that Virginia, South Carolina, Florida and 41 Texas have the same immediate and indisputable right of representation as is enjoyed by ]N'ew York, lUinois, Pennsylvania and California? That they have not this right is conceded by all, or by nearly all among lis. ISTo one is prepared to accept South Carolina with her old constitution. The veriest stickler for State rights demands some alteration. This demand, however slight it may seem in its practical application, is the equivalent in principle, 'of the demand I make. South Carolina is in the Union with her constitution of 1860, or as a politi- cal organization known as a State she is not in the Union at all ; and if she is not in the Union as a State, her application for admission may be rejected until she appears with a frame of government in substantial harmony with the pol- icy of the nation. You must be just to the negro. When you invited him to assume the uniform of the army of the Republic, Avhen 3^ou put the musket into his hand, when you asked him to jeopard, and, if need • be, to sacri- fice his life in defence of the country, you did, in fact, if not in terms, agree that if the cause — his cause as well as your own — was success- ful, he should have the same part in the govern- ment as yourselves, and therefore you cannot, without the basest ingratitude, now reject him. I am compelled to declare to you, my friends, in all sincerity, heinous as are the crimes of these 42 Southern men, infamous as they will be upon the l)age of history, that if the people of the Xorth, now that they have acquired liljerty for themselves, now that they have secm'ed the restorati(jn of the Union l)y the services and sacrifices of the negro, in common Avitli their own ser^■i(•(.'s and llieir own sacrifices, should surrender him, bound hand and foot, as he will be, if he does not enjoy the right of suffrage, into the custody of his enemies, made doubly ferocious by the events of this war, and mto* the custody of your enemies, also, your position upon the page of history, and in the judgment of posterity, will be only less infamous than theirs. I know of no excuse that we can offer to ourselves, I know of no excuse that we can offer to this genera- tion in other coimtries, I know of no excuse that we can offer to mankind in the coming ages, if, after having accepted the services and the blood of these men in defence of the flag, of liberty and of the Union, we turn and conspire with these their ancient oj^pressors and tram2)le our faithful allies in the dust. Let it not be that this infamy is reserved for the people of this country. Of all the woes of Avhicli avc have drunk through these four years, of all the instances of degradation wliich have been treasured iij) in the long annals of man- kind, I know of none which will compare with the woe and the degradation of a free peoj^le, who, having secured their OAvn liberties by the 43 blood of tlieii' fellow men, with base ingratitude ofiered their allies to the common enemy, to the enemy of the country, of liberty and of mankind. I have thus, gentlemen, attempted to demon- strate the existence of sufficient and constitutional power in the government to enable Congress to hold the people of the rebellious districts under the jurisdiction of the national authority, wdiile they are excluded from any voice in the public councils, until they frame State governments which are truly republican in form, and until evidence is furnished that the public sentiment of each proposed State is so far loyal as to justify the expectation that its general policy will accord A\dth the general policy of the country; and this without claiming to inter- fere, and without interfering with the mstitutions of a State. I have also sought to demonstrate that the exer- cise of this power is necessary for the security of the loyal people, the preservation of the public credit, as it is connected with and dependent upon a constant exhibition of good faith, by the people and the public authorities. Moreover, you cannot fail to be influenced by the plain statement that, under the constitution, you must secure the elective franchise to the negro, or surrender your own equal right in the government of the country; and finally, you are not insensible to the obligations 44 resting iii)on you, to secure to all men the means of protecting those rights of person and property, Avhich are the evidences of freedom and its con- stant su};port. This i)olicv furnishes at (uice secu- rity to the country, equality to the ^vhites of all sections, justice to the negro, universal punishment of the rebels, the only efficient means of stimulating the industry and developing the resources of the South, and at last adequate and permanent protec- tion against civil and social feuds and wars in all portions of the country where the two races are nearly equal in numbers or strength. I have assumed also that the instances of pardon of rebels l)y the President will Ije increased, and that in })eace we shall abandon the policy which was inaugurated in time of wai", and adapted to a time of war, of confiscating the property of rebels who are not distinguished b}^ any special criminal- it}' from their associates in treason. "Whether you indict and try persons, or confiscate their property, the number of the guilty is so great, that many necessarily escape. During the war, we seized the property of individual enemies, as a means of diminishing the })ower of those in arms against us. The reason no longer remains, and it will prol)al)ly be thought wise to modily our legislation so as to relieve the mass of Southern people Irom all ai)pre- hension. So, too, we can ha\ e no secui'ity for the loyalty of a State, until a clear majority of its po])- 45 ulation are known to Ijc worthy of trust. "When- ever a State is restored to the Union, the lo^'al sentiment should be sufficiently powerful to permit those who have been disloyal to exercise the elec- tive franchise; otherwise you nourish alienation, and encourage the elements of treason and war. Our policy towards the mass of our enemies must be liberal. Restore to them, with as little delay as possible, all the personal, civil and political rights which they enjoyed previous to the rebellion. With such an exhibition of magnanimity towards those w^ho have been our enemies, not even they can justly complain when Ave demand the elective franchise for those who have been our friends. Thus does this policy appear to be wise and con- servative as a national policy; thus is it necessary to ourselves; thus is it just to our friends; thus is it magnanmious to our enemies. LibKMKt Ul- lUNL.Kti>b 009 086 449 fi