Author Title Imprint GPO 16—7464 m A riSfK AN APPEAL TO ^IIE SENATE, TO MODIFY ITS POLICY, AND SAVE FROM AFRICANIZATION AND MILITARY DESPOTISM THE SLVTES OF THE SOUTH. SPEECH ON. JAMES Pi. DOOLITTLE, OF WISCONSIN", DeliVei-ed in the Senate of the United States, January 23, 1868. .SPEECHES OF EON..HExNRY STANBERY, ATTORNEY GENERAL OF THE UNITED STATES, HON. J. S. BLACK, AT THE GREAT DEMOCRATIC BANQUET IN THE CITY OP WASHINGTON, ON ins EIGIITU OF JANUAUY, 1S68. WASHINGTON, D. C: PEINTED BY ORDER OF THE CONGRESSIONAL DEMOCRATIC JIXECUTIVE COJIMITTEE. 1868. . J. R. The bill (H. R. Xo. 439) ad.litional and sup- plementary to aa act entitled "An aet to provide for the more etlicient government of the rebel States," passed March 2, 1S67, and tlie acts supplementary tlierelo, was read the second time by its title. Mr. DOOLITTLE said : Mr. President: In moving the refer- ence ot this bill to the Committee on the Judiciary I desire to say that I shall move to amend the ordinary motion of reference by addina: certain instructions which I shall send to the Chair. Mr. President, there is more involved in this measure than in any other, all others, perhaps. I see in it a complete overthrow of the Constitution id ten States of the Union. I see in it a prac- tical dissolution of the Union." I see a Republio in form, at least, still remain- ing north of the Potomac. I see an em- pire rising south of it. I see in it»the realization of the wildest dream of Cal- houn— a dual Executive— a President to execute the laws in the Repitblic of the North ; a military dictator, independent of the President, to make as well as ex- ecute laws in the negro empire of the South. My heart is oppressed with a Sorrow too deep tor full utterance; and yet, with the indulgence of the Senate, I would make a last appeal to modify this policy. I deem it a duty which I owe to the country to do so now, before this bill goes to the committee, for in that committee I have no voice, and I know when its report is once made, and they are fully committed to the measure, it will be too late. J fear I am already powerless to influence the judgment of the Senate. But as I love my country and her republican institutions, as, next to the God of heaven, I have wor- shiped them from my youth up, and as I verily believe, although I pray Heaven I may be mistaken, they are now in most imminent peril of utter destruc- tion if the bill shall l>ecome a 'aw, I know that Senators, if they do not agree wit^ me, will pardon me for giving expression to those earnest con- A'ictions which I could hardly repress if I would. As I can have no hope that Congress will wholly abandon its reconstruction policy, for the purpose of asking the Senate to consider the question of modi- fying it so far as to limit negro suffrage to certain classes, I submit the following motion, which I now send to the Chair, -and request the Secretary to read. The Secretary read as follows : Resolved, That the bill be referred to the Coioimitlee ou the Judiciary, and that the said committee be instructed, In said bill, or in any otlier bill which may be reported by them having reference to the question of reconstruction, so-called, in any of the States not represented in the present Con- gress, to insert the following proviso: Provided, nevertheless, That upon an elec- tion for the ratification of any constitution, or of officers under ttie same, previous to its adoption in nny State, no person not liaviug tlie q aliflcations of an elector uuder the constitution and laws of sucli State previ- ous to tlie late rebellion shall be allowed to vote, unless lie shall possess one of the followins, qualiticatious, namely: 1. He shall haveservtd as a soldier in the Federal Army for one year or more. 2. He shall have sufficient education to read the Constitution of the United States and to subscribe liis name to an oath to sup- port the same ; or, 3. He shall be seized In his own right, or in tlie ri^iht of his wife, of a freehold of the value of S2.50. Mr. DOOLITTLE. Mr. President, the question presented in the instruc- tions proposed by me is whether Con- gress is still resolved to subject the white people of the Southern States to the domination of the negro race at the point of the bayonet, or whether Con- gress, in deference to the recently ex- pressed will of the American people,* "wil now so far modify their policy as to leave the governments in those St ut«s in the hands of the white race and of the moce civilized portion of the blacks? That is the naked qttestion. Strip it of all useless verbiage and specious argu- ments about sustaining loyal men and punishing rebels, it is nothing more or less than this : shall the General of the Army put the negro in power over the white race iti all the States of the South and keep him there? That purpose is bold- ly avowed by some, and that will be the effect of this Radical reconstruction as it now stands, or as it will stand, if this bill shall become a law. On the other hand, the amendtnent which I offer, if adopted, would leave the governments in those States where they belonaf and whera they ought always to remain — in the hands of our own race — wl>ile, at the same time, it would allow the right- of suffrage to all those negroes who have any claim to it by reason of intelligence or patriotic services or estate subject to taxation, namely : 1. To those who have served in the Federal Army ; 2. To those wJqo have sufficient edu- cation to read the Constitutigoi of the United States and to subscribe their names to an oath to support the same; and i3. To tho%6 who have acquired and ■1\ ^ hold real property to the valne of $250. But the questiou may bo asked, why not apply ttie same tests to the Avhite men oi'the South? The answer is plain and twofold. First, by the constitutions and laws of those States the right ef Rulfra}2;e is already secured to thcai, and wo have no rightful power to take it away. 'J'o do so would trample under our leet one of tho most sacred rights reserved to the States. Ib-is by extend- ing suffrage to the negroes that Congress is overturning the constitutions of thoso Stales. In my opmion, this js a usurpation, which its advocates justify upon tho ground of ne<*ssity alone. I neither admit the power nor the nect»eople to betray the m n whonj they trust. You ask them to dishonor tiiose whom they honor, to uproot the affection of years from their hearts. You ask. them to strike vv^ith a serpenVs tooth the liosom ofafrien-d. Until haman nature shall cease to be what God has made it, honor- able men could not do it; honorable m^n, to save themselves, to save evpn their lives, would not incur the guilt of such uniiiAtural treachery by votinijr for such a provision. When it wari pending before the Senate, June 8, ISG'J, I urged and implored Senators to allow the sev- eral provisions of that amendment to be separately submitted and "voted upon, and I warned the friends of the measure Uiat this provision would inevitably de- Ujat its adoption by every Southern Stat-e. But, sir, the majority were deaf to all appeals. The caucus had resolved ; the de'-'d was to be done; and it was done. On account, mainly, of that provision, the amendment was rejected almost unanimously by every Southern State. Asrain, when exa?nined morn ciosoly, we find that provision lequired thorn to vote to disfranchise Miou ands who had received pardon and amnesty, and a restoration to all their rights a''; citizens under the proclamations of President Lincoln and President Johnson, by vir- tue of a law of Congress, whi.h you yourselves enacted, which expressly authorized them to grant such p irdoii and amnesty jipon jiust such t-^rms as they th>u^ghl. proDpr. An atnendmont offered bv me in the Senate tlu! ."Ist of May, ISiiB, to except those men who had "duly received pardon and ainnosty under the Constitution and laws," was voted down by an unyielding mijority. I can never view this provision in any other light than a most palpable viola- tion of the plightwl faith of this Govora- mont given to tiJbso persons in the most solemn form. - ' If the Emperor -of Tlussia, by procla- mation, wc^re to grant a full pardon to such Poles as would tak^ an oatji of allej^aiico to hi.s crown, and if ho should af erwards deliberately biji^ak his word, what denunciations ' would be, and _ ojight to l)e, heaped upon his ]ie;ad by* th) civiliz':>d w-orld ! ' The periidy of surh an action would only be equaled by its folly as a muasuro of pacili';ation to Poland. Congres-! authoriziil the President to give pardon avid am siesty to thousands whom Congress now calls upon the people of the South to vote to disfranchise. Again, sir, there is another feature of that pi-ovision which no sentiment of justice sjjould tolerate or excuse. lu that sweeping disfranchisement no dis- tinction whatever is made between th*se who voluntarily engaged and those wh9 were compelled to engage in the .reijel- lion ; no distinction v/hatever between the innocent and the guilty. The Senate will ronionil)er that when this amendment was pending I olTered an amendment to restrict that disfran- chisement to tho.se who had voluntarily engaged in the rebellion; ami it was voted down by the same unyielding majority. Partisan zeal and party necessity may account fi:)r many thing.^. Bat"v;he"n the history of these times shall be writ- ten it wilt seem incredible to our pos- terity that learned men and al)le Sena- tors could evpr for ono moment bring thcm.siel vos to believe it possible that the people of the South would vote for such an amendment. Itcontiiins still another pbjectionffble feature in violation of an imp'U-tant print^iple in every good government, confounJing executive with legislative' duties. If there bo any prerogative which more than another pertains to the executive -in all Governments, an- cient and modern, that prerogative is the power of j^ardon. This amendment proposes to change tho Constitution so as to take that power away from the Executive and confer it upon the two Houses of Congress. It is revolutionary, and worse than that. It vetoes the power of clemency in ad- vance. It uof only takes that power from the President, but it takes it away from a rniijority of Con2:i'ess. It re quires two-tiiirds of both Houses in or- der to exercise the power of pardoji, the same niHJority which is necessary to pass a law over the Presidential veto. In wliat civilized Government upon earth was there ever su(;h a restriction upon tlie power of pardon? Can it be found even amont? the savage tribes? Sir, this aniendmont makes it impos- sible for a majority of the people of the United States, by the choice of a Presi- dent or by the election of the Houses of CongYess, to grant pardon and anniesty. I speak with all becoming respect f()r the opinions of others and for the sin- cerity of (heir motives. 1 know it never could have been intended, but judging this provision l)y its own words, stand- ing in its own light, it seems to be born of distrust in the intelligence and mag- nanimity of the people ; the offspring of coj\'arn and obey the Constitution. And now that we have succeeded, now that the people and the States of the South have surrendered to the Constitution and lavi's, you say they shall not live in the Union under this Constitution at all. They shall lirst form another Union, and come into flsat Union under another or amended Constitution. Mr. President, having thus shown that this lirst answer to that question is un- reasonable, inconsistent, and absurd, I repeat the question a second time. Why press this negro domination over the whites of the South? What reason can you give? A second answer is, because the negroes were loyal and the whites dis- loyal. Let us examine this bold asser- tion. Is it true? Were the negroes loyal during the rebellion? Recall the faffts. Who does not remember that at least three-fourths of all the negroes in those States during the whole war did all in their power to si;stain the rebel cause? They fed their armies; they dug their trenches ; they built their for- tifications; they fed their women and cliildren. There were no insurrections, no uprisings, no effort of any kind any- where outside the lines of our armies on the part of the negroes to aid* the Union cause. In whole districts, in whole States even, where all the able- bociied, white men were conscripted into tho rebel army, the great mass of negroes, of whose loyalty you boast, under the control of women, decrepid old men and boys, did all they were ca- pable of doing to aid the rebellion. Again, sir, the assumption is equally groundless that the whole of the white amen(bncnt. But how did they reject | population, or a majority even, ever it? By the votes of their Legislatures, voluntarily engaged in the rebellion. II Is true, the great ranjority ip the end ■were compelled to acquiesce ; but it was not until after the Fednal Government, speaking through President Buchanan, had abandoned the loyal people of the South and declared that neither the President nor Congress had the power to make war to compel the States to re- main in the Union; in a word, it was not until after President Buchanan, in bis messay-ecf December, ISOO, declared that this Government had neither the right nor the power to defend itself from overthrow at the bauds of the radi- cals of the South that a majority of the Soulheju people- were disposetl to con- sent to fctcesbion, nor did they even then acquiesce in rebellibn unlil hostilities, actually begun, bad organized an irre- sistible military power over them. Then the majority were compelled to suc- cumb. It should not bo forgotten that alle- gianco ou the part of the citizen and pro- tection on the part of tho Governiusnt are correlative duties. Has a Govern- ment the right bo demand the one if it do not atFord the other? Has;; it the right to punish tho ciiiz'»n for yielding to a superior force against which it makes no attenjpt to protect birr.? Such si claim vv(;uld be monstrousl3' unjust. _W(^ know very wctl that the radicals of the S>uta had a, powerful organiza- tion. They were as bold, as earnest, as reckless of consequences and as restive under Constitutional restraints as the boldest oi the present Radicals of the Nortix. Mr. NYE. With the permission of the honorable Senator from Wisconsin, I should like to know what he means by "the RiUJicals of tho South?" Mr. DOOHTTLE, I mean the seces- feionists. Mr. IIYR. Ah ! Mr. DOOLIITLE. I will not leave you to mi;^ui:derstand, sir, to whom I reler. Mr. SU:.IN"ER. I should like to ask the Senator what is his authority for the esprei-sion ? Mr. DOO LITTLE. As I perceive that my honorable friend from Massachu- setts proposes to enter upon this) discus- sion, I trtist he will alhnv nje to finish what I have to say, and then he will have an;pie opportunity tQ be heard. 1 shall reler to several things ])efore I get through that will perhaps attract his attention. I was speaking of the radicals of the Soutft and the extremestK;idieals of the North, and I say they are similar in all the main elements of charaetei-, cher- ishing eveii to fanaticism opposite ex- tremes of opinion, equally removed from the trutii. Had they'exchanged places and educatio>,s, in all human probability the Radical of the 'North would have been a most violent radical at the South, and the radical of the South au equally violent Radical at the North. Mr. President, it is a striking fact, showing how easily extremes sometimes meet, that the radical cry of the seces- sionis,t3 of IcuO is identical ''with that^f the Northern Radical of to-day, name- ly, "The Union is broken; tho Consti- tution in all the States of tho South ia gone. Down with the old Union, down with the old Constittition ; wo are out- side the Union and outside the Consti- tution ; we will have a new Union and a new Constitution to suit ourselves or we will have none at all." Tho cry was the same, the purpose the same— ooliti- cal power. The radicals of the South raised that cry to build un their power upon negro slavery ; tho Radicals of the North to build up their powt-r upon ne- gro supremacy, upheld by the bayonet. And, sir, shall we make no allowance for the great mass of the Southern people who, by force, by terror, bv persuasion, by the abandoumentof the Government, and by all the excitements, passions, and necessities of actual war, were ■plunged into that terrible conflict by the radicals of the South, as by a power they could not control? We all know tho induence over any party or commu- nity of asmall, well organized minority, strong in will and reckless of conse- (Tuences. What have wo seen in the Republican party itself within the last three years? We have seen a comparatively small . number of earnest Radicals reverse and absolutely overturn from its foun- dations the policy of reconstruction adopted by Mr. Lincoln before his re- election, and sustained by theconventioa which renominated him and the party which re elected him in 1804. Hispolicy was reconstruction upon the white basis. The negro was excluded altogether. _ Even the Wade and Davis reconstruc- tion bill, which passed Congress by Re- pubjican votes, and which xMr. Lincoln refused to sanction, but not for that rea- son, confined reconstruction to the white basis alone. It excluded all negro suf- fryge. It left that question, where it be- longs, to tho white race to determine in each State for itself. Upon this subject I quote and adopt tho language of the Senator from Indi- ana [Mr. Mof.TON] while Governor of that State : "I call your ntfention to the 'act that Cou- s;ress uiself, wh«ri it assimiMi to tal;o the whole question of recon.stri' jtlou out of the lip.iids of the President, expressly e.'Jcluded the ue^ro from the rii;htot snffrage in vo- tmg tor tho men who were tofsame tlie new consiiratioiis for th« rebel Suites." * * * * S: il: *:!»** "If Mr. Lincoln had not, refused to sign that bill there woulil today be an act of (-'ongiess ou the staiute-books absolutely prohibiting ne:;roes ironi any participatioa in the work of reoi-ijanization, and pled-iing the Government in advance to accept of the constitutiouH ttiat mig t 1)g formed uuder the bill, iilthouiih they made no provision tor the negro beyond the lact of his personal liberty." I repeat, we have seen a little handful of Radicals, by their boldness^ persist*, ency, and force, persuade, cajole, or drive ' the great majority of tho Republican party away Irom their own avowed pol- icy of reconstruction upon the white basis, and compel them to adopt thcpol- icy,of universal negro suffrage, to estab- lish negro governments, and now, at ■< last to propose in the bill on your table an absoliue military dictatorbbip in all the States of the Soulb. I shall say no- ihiug unkind of the Senator from Indi- ana ; I admit his patriotism and emi- nent abilities and liis almost incompar- able services during the late war to put down the rebellion. But if anything were wanting to demonstrate the power which these Radicals have had over the mass of the Republican party in chang- ing their opinions and reversing their policj', we have only to point to theable Senator Irom ludiijna himself, once among the most powerful advocates of the Lmcoln Johnson policy ol restora- tion upon the white basis, now bound hand and foot, and dragged in ohaina at the victorious chariot wheels, to grace the triumph of Wendell Phillips and the Senator from Massachusetts, [Mr. Sum- mer.] Even his great mind now lends its powerful inlluence to favor the estab- lishment of governments leased upon viniversal negro suli'rage, to hold, it may be, the balance of power in this Repub- lic under the control of the bayonets of the regular Army. I well remember the effect produced by the speech of the Governor of Indi- ana in 18G5. It carao at a lime to be most gratefully remembered by me, for I was engaged in a struggle at that time against ihe Radicals m my own State, to ijrevent them from changing the creed and reversing tl^e policy upon which the Union party fought and mas- tered the rebellion, and by which alone their. victory was achieved. I endea- vored to demonstrate the same truths set forth in tliat great speech, and wheo it came, with its irresistible eloquence and unanswerable force of 'argument, I rejoiced to lean upon his strong arm for support. Like him, I had on more than ov.e occasion attempted to prove that Mr. Johnson inherited and was faitk- fally carrying out the policy of his pre- decessor. We did not then have the positive testimony of General Grant and of Mr. Stanton to prove that Mr. John- son's North Carolina proclamation was drawn by Mr. Stanton and read over in Mr. Lincoln's Cabinet. Had those facts then appeared it might have saved that honorable Senator and myself the labor of proving tho identity of the policy of Mr. Johnson with that of Mr. Lincoln, which the Governor of Indiana demon- strated in a manner so complete tha* iio man has ever been able to answer him. I do not doubt his patriotism nor his sincerity. But of all surrenders to the Radical negro-suilrago policy of recon- struction, none filled me with so much surprise, none gave me so much pain, as vbat of the honorable Senator from Indiana, except one. I refer to General Grant. Again, sir, if it were true that the whites were disloyal during the rebel- lion, they are not rebellious now. Re- bellious cannot exist or continue with- out real or supposed cause. Slavery, the cause and the pretext for the lato re- bellion, is gone forever. It can never be revived. Nothing can incite another rebellion at the Soatti, for ibey have uo power to organize one against the Gov- ernment, and will not have for many years to come. upon this point allow me to r^ad an extract from a letter of Hon. Benjamia Fitzpatrick, formerly the Presidiug Of- ficer of tliis body, and known by all the older Senators as being opposed to se- cession, a gentleman of the highest honor and undoubted integrity. Hear what he says : "It is said by some that it was made to ke'p down rt-bellion. What have tlie people ot t lie Soutli to C'Miimenee »i- carry oa a. re- bellion willi? Our slaves are all set free- onr fields barely cultivated under the new syrnteiu of labor, and many of thera grown up in briars und weeds since i-mancipalion, and almost everytliins in a state of uilapi- datioii aud decay. The cry for bread wluch comes up from ahnost every hill and valley in the Slate has scarcely ceased ririgin^ m our ears, and it was only hushed ny the lib- eral donations from thebeuev(jlent of me North aud West. No people of the Old World in auy of their long aud desolating wars ever lons^ed for peace more than we do We want peace, but not degradation. We wish to 1)6 left free to act for ourselves, and free from the intermeddling of those who do not live among us, but come here to fomeiat discord and speculate upon our troubles." Sir, this is the language of one who knows the white people of the South aud speaks for them. And why, sir ; why should they not desire peace? For that rebellion, into which in an evil hour the radicals of the South plunged them, they have been punished already by the sacrifice of aii their slave property, valued at three to four thousand miilion dollars ; by the saci-ifica of more than three-fourths of all other personal property, probably two thousand millions more; by the sacrifice of their public and private credits— at least a thousand millions more; by the depreciation of the value of all their real estate at least seventy- five per cent.— amounting probably to more than two thousand million dollars inore— making ki all a sacrifice of prop- erty, credits, and values in the Southern States alone of at least nine thousand million dollars. But there is another blor dy and terri- ble page in this account— a page in ac- count with death. It is estimated there have perished in battle, by disease, ex- posure, or other cause incident to the- war, at least three hundred thousand able-boilied men of the South. I take uo account of the unutterable anguish of millions of crushed and bleeding hearts. No language can express, no figures measure that. For that rebel- lion the whlto men of the South have been most terribly punished! Nino thousand millions of values, are gone- lost Ibrever 1 Three hundred thousand able-bodied white men of the tlower and strength of tho South now lie in their bloody or premature graves ! Greau (xod ! Is not this })unishmeufc enougfi? Must we go further ? Must we now punish the white men. of the South bv placing them under the domi- nation o'^f half-civilized Alricans? And. in order to do that shall we punish our- selves by giving over to stolid and brutish ignorance the political control of one-fourth of the States, «nd, it may be, under the control of the Army the balance of power in the United States? Shall we Aliicanize the South aod Mex- icanize the whole Republic? I know these measures of Congress have done much to wound, nothing to heal. Yet, notwithstanding all that Congress has done to embitter their hatred toward the Radical policv, tliere is neither thought nor wish nor "hope to restore slavery, nor to separate from the Union, nor of rebellion against the au- thority of the Government; all evidence proves the contrary. In the wliole rebel army which s\ir- renderod I ciiallenge anv Senator to point me to a single instance in which a rebel oiiicer has violated his parole; or to a single man, of any position or pro- luiueuce at the South, who after taking the oath of allegiance has violated bis plighted iViitb. ISO man can more deeply feel than I do the great and monstrous folly and crime of that rebellion, which iirought so much of agony and of blood upoirall parts of oar k)eloved land, which robbed us of onr sons and dearest kindred and tlirew a shade Of sorrow over onr hearts which will never pass away until they cease to beai. Bu't, now that blood has ceased to fliow ; now that three years of peace have elan'sed ; now that the whole South has surrendered and every inter- est they have or can hope for is to be found ui tbo Union and under the Con- stitution : now that they have in good laith pledged anew their allegiance, and' desire to join with us in reiniiming the Avaste places overrun by this desola.ting war ; now that they have, in fact, ceased to be rebels, why shall we continue to denounre them as rebels, anil do all in our power to compel them to be rebels, .'Hid to remain rebels and enemies for- ever? !•* thf'.t the way to restore pros- perity ? Is that the course of wise states- mans, .ip? Will that bring permanent peace ? Sir, let me put the extremest case. Suppor^e that these States of the South betore the war had been foreign States, and thcit we had conquered tliem bv arms; would not wise statesmen adopt the policy of conciliation? Would not they treat them as friends and make them teilow-citizens at the earliest pos- sible moment? How much more earn- estly should we adopt that policv be- cause from the beginning we have al- ways declared that our purpose was not to subjugate but to maintain the Union with the equality and rights of the States unimpaired. We had a war with Mexico, resuUiag' in the ac(]iiisiiion of people and territo- ry. By treaty the people were made citizens at on<'e, wnlh all the rights of citizens. We have had wars with Eng- lishmen ; but when the bloody .strife was over, when peace had conae, what course did our great ancestors pursue? We all know the war of the Revolution was a civil war. During the strife, ci^n- nscation and disfranchisement were the order of the day. But when peace came and they sought to lay the foundations of the Republic broad and deep, what did they do? Do you find in the Con- stitution they formed or the laws they passed under it any. test-oaths; any bills of attainder; any ex post facto laws; any military reconstruction bills? No, sir. No; they were too great aud too wise. They had too much laith in man, and liberty, and truth, and God for that. On the contrary, they declared that no bills of attainde'r, no ex post facto law? should be passed; no man not in the military or naval service should l)e sub- ject to military trials under the arbitra- ry power of the bayonet ; and that even for treason itself there should be no corruprtion of blood or forfeiture beyond the life of the guilty party; and, fur- thermore, that no man should be con- victed except upon presentment bv a grand jury and after a fair trial, con- fronting his accusers, by the verdict of a jury of his peers. In the Declaration of Indcpendehce, also, even in the midst of war, reason remained supreme over passion. They ware equal to the grand ocoasiion. In one of its sublimest sentences they de- clared they would hold the people of England, their fellow-countrymen, with whom they were then engaged in civil war, as they did the rest of mankind, ' "enemies in war, in peace, frionds." If we cannot equal them, may v/e not en- deavor to follow their example? What do the great examples o-f history teach us in dealing with rtbRllions if not that, after force has been subdued by force, magnanimity is more j^owerful than revenge; that love conquers wJiat hate never can— the hearts and atfections of a people? When Latium, one of the Roman pro- vinces, revolted, and the revolt was put down by arms, the question arose in the Roman Senate, what shall be done with Latium and the people of Litium? There were some then who cried, "dis- franchise them ;" others said, •'coutis- cate their property." There were none who said, "subject them iti vassalage to their slaves." But old Camillus, in that speech which revealed his greatness and made his name immortal, said: "Senators, make them your fellaw-citizons, and thus add to the power and glory of Rovno." In this high place, in this Senateofth-> great Repv'.blic of the world, outgrowth of the civilization of all the ages, cannot we. Senators, rise to the height of that great argument? To descend to humbler examples, may wo not even take lessons from some of our Indian tribes? It is well known that the civilized tribes of the Indian territory took sides in our terrible con- flict. Civil war hi ils direst and most savage form raged through all their country. Their dwellings' were sacked and burned ; their hands were red in each other's blood. Ynt they have made peace. Tfiey have reorganized their governments, They now live side by side in perfect tran,quility. Pros- perity is once more smiling upon tbeil beautiful land. Cannot Christian states- men have equal faith in magnanimity — equal courajie to forgive and to believe that loTt' is the power by which to reach the hearts ot our late enemies? But, sir, .suppose the statement be true ibat the nej^roes are loyal and the whites disloyal in heart, have we even then the iv^iii to degrade the whites in vassalage to the negroes? I answer no. For then- criminal acts we would liave the legal right to try and convict and sentence to imprisonment and to death even. But now, without trial, l)y what operates as a sul>stantial bill of attain- der and (Xpust facto at that, to subject them to negro governments is a crime against the Constitution, against our own race, and against civilization itself. It is to iuiiiose upon them against tlieir Afill a di gradation which every Siate of the North would reject, and one ten- fohi greater than has ever been attempt eii in any Northern State. It would nialie Ihem unfit to be our fellow-citi- 7.ens, and place the States of the South iipon a footing inferior to that of the otner Slates in the Union. Sir, we claim to have fought for liber- ty and against slavery. The issue of ISGO was the extension of slavery into the Teiritories, By the election of Mr. Lincoln the peojile of the United States oecided tigainst that. The radicals of the South, another name for the seces- sionists, lebelled against that decision '..nd eu(ica\ orcd to reverse it by arms. Tliat reheliion raised another and greater issue — the existence of the Government itself. It als'o ]>laced at stake slavery iu» all the States. By the re-election of Mr. Lincoln. i;i 1SG4 the people decided in favor of a vigorous prosecution of the war until every rebel should lay down bis arms, and also in (avor of an amend- ment to-, the Constitution to abolish slavery in all the States and Territories forever. * At present, what do we behold ? Now that the war is over, how that every re- l)el has laid down iiis arms, now that the people of thfc South have unani- inoijsly agreed to abolish slavery for- ever, to obey the Constituti(in and di.'^ charge every duty as citizens of the United States, the Radicals of the North have nioially begun a new rebellion against the Union and the Constitution ; for, raisinjc anew the old cry of the radi- cals of the South, they now declare tliat the States of the South are outsido the Constitution, and that Congress, acting outside the (.Jonstitution, has unlimited power ov( r them as over conquered ter- ritories. In their blind zeal for the ad- vancement of the negro they propose to overthrow the Consiitution in order to practically sul>ject the white race to the aominatiun of the negro. As men who claim to be the friends of liberty, we have no right to do that. As Chrisiifius who claim to have learned something of forgiveness from the tea(;hing.s of our gjaviour, we have no right to do that. As members of that great Caucasian race which has given the world its civ- ilization, Vvc have no right to do that. As state !!rnsa who desire to restore the blessings of peace, we have no right to do that which would inevitably make eight millions of our own race and kin- dred in our own land eternal enemies of the Government. As states.men who, with ordinary sa- gacity, should look to the future and to possible wars with foreign Powers, we ought to make haste to restore senti- ments of affection and patriotism in all that vast region, larger and richer by far in natural resources than England, France, and Prussia all combined. And I ask, Mr. President, with all the earnestness of which the soul is capa- ble, can any human being c/mceive of a measuro so well ctlculated to make the whole white people of the South, men, women, and children, hate and loathe our Government, to hate it with a per- fect hatred, to gather around the family aktar upon their bended knees to curse it, and in the agony of prayer to call upon God to curse it, as this Radical re- construction which seeks to disfranchise the heart and brain of the South, and to subject at the point of the bayonet the white race to the dominion of their late half-civilized African slaves? Instead, of peace it gives them a sword ; instead of hope it tills them with despair; in- stead of civil liberty it gives them mili- tary desiDotism. V/hite disfranchise- ment and negro domination was the idea which inspired and prov^oked the riot at New Orleans. It has arrayed everywhere the blacks and whites in hostility to each other, often resnltiug in bloodshed all over the South. It tends directly to bring on that war of races which in the West ladies enacted scenes of horror to sieken and appal the world. That war is now impending over all the South — it is only the presence of the Federal Army which prevents its out- break upon a gigantic scale — a war which, once begun, will end, I fear, in the exile or extermination of the blacks from tho Potomac to the Rio Grande. I know the Senator from Ohio, [Mr. Wade,] in a speech in. the late canvass, had no fears of such a war or of its re- sults. Ho is reported to have said, "let that war come; let them fight it out." God grant that war may never come! Rirt, if it doe^ come, no amount of mil- itary discipline can compel the white men of the North to take part in the massacre of their own race and kindred. Mr. President, having considered at .some length the second ausv.rer to my question, and finding that it is not sus- tained by the facts', that it is bad in principle and worse in policy, I repeat the question a third time— why press this negro supremacy over the whites of the 'South? What reason can you give ? The leader of the Radical forces— that inexorable Moloch of this new rebellion against the Constitution, " The strongest and the fiercest spirit That f(jui;Lii iu heaven, now fiercer by de- spair," answers with holdness, anjl in plain English gives the true rea.son namely, to secure party ascendancy. This is the 10 third and last answer which I propose to consider on this occasion. On the 3d of January, 1867, Mr. Stkvenp, in the House of Representatives, used this lan- guage, which I find reported in the Globe : "Another good reason is, it would insure the ascendancy of the Union party. Do you avow the party purpose, exclaims some hor- ror-stricken demagogue ? I do." The party purpose is here avowed in the Honse, In his sj^eeches and letters elsewhere Mr. SxEVJiNS again and again, in stronger language, avows the real purpose of this legislation, to them I mainly refer. The negroes, under the tutillage of the Freedmen's Bureau, led by Rgxlical emissaries, or pushed by Federal bayonets, must take the politi- cal control of these States in order to ob- tain their votes in the Electoral College or in the House of Representatives ih the election of the next President. Hefe is a reason, and just snch a reason as the bold Radical wonld give. It is in keep- ing with his revolutionary measures, and in keeping with his own revolution- ary history. The letter of General Pope, when in .command of one of tl^e districts, recent- ly published, draws aside the vail aud discloses the fact that the same party purpose seeks to control the bayonet also. This argument, for party ascendancy; all can understand. It is bold, clear, and logical. It is the argument of ne- cessity addressing itself to unscrupulous ambition. One syllogism contains the whole of it: " We must," says the Rad- ical, "elect the next President. The ne- groes, under the lead of our Bureau or the control of otir bayonets, will vote for our candidate. The whites, outraged by our attempt to put the negro over them, will vote against him. Therefore the bayonet must place the negro in power in these iStates to give us seventy electoral votes for President, twenty Senators and fifty members of the House," All honor to the Radical chief, the ;5reat Commoner,- who, with all his faults, . is too gr 3at a man to resort to subterfuge or shams, or attempt to conceal this real purpose in this legislatiou. Some who favor these measures do not admit his leadership. But the truth is, in somfe way or other he does lead or drive the Radical party in the end into the support of all his revolutionary schemes. Now and then one shrinks back. More than once T have seen the "galled jade wince," but never fail at the last to obey the lash of her master. Would to heaven it were otherwise! Would to heaven that the Radical party could patise and modify its sui- cidal policy ! But I fear the majority have become bound to it— bound hand and foot with chains they cannot break ; that, however much some may regret it or strive to conceal regret, political ne- cessities compel yott to go on, and right on to the bitter end. You have staked your all upon it. You must live or die by it, » The Senator from Massachusetts, [ Jlr. Wilson,] as if by authority, says, " We will take no step backward." Mr. ' Colfax, in his recent letter, re-echoes, "Not a hair's breadth." Such, I fear, is the fatal resolution taken by the ma- jority. The result of the recent elections, showing that a majority in the Northern and Western States is opposed to that policy, so far from changing a resolu- tion from which the Radical party daro not retreat, is pushing it on to the mad- ness of despair. It sees that its majori- ty in the North and West is already lost It dare not exclude the South in the next election. The South mtist be forced at the point of the bayonet, by white disfranchisement and negro sitf- frage, to vote for the Radical candidate, or he will be beaten. The majority i^ the Northern and Western States against him must, therefore, be overcome by the negro votes of the South, Sir, we shall see if the people of the United States will allow the rogular Army, which now controls this ignorant negro vote iu the South, to hold the balance of power in the Reptiblic and to elect to the Presidency the candidate of negro supremacy, upheld by military despotism. Shall Pretorian bands con- trol the Presidency, as in the degenerate days of Rome they set up the empire for sale ? I am no prophet ; taut, if not mistaken in the signs of the times, the American people are not yet prepared for that. The Democratic party, every- where freeing itself from the errors of the past, planting itself upon the living "issues of the hour, welcomiug into its ranks all who are opposed to this Radi- cal and barbarian policj"- of sttbjecting the States of the South to negro supre- macy by military dictatorship, all who are in favor of maintaining the integri- ty of the Union, the rights of the States, aijd the liberties of the people under the Constitution, and all who neither admit the doctrine.of Southern radical- ism which brought on this rebellion, that a State may secede from the Union, nor admit thai other doctrine of the Northern Radical, no less revolutionary, that Congress may exclude or disfran- chise ten States from the Union, are now coming together upon the platform of the fathers of tbo Constitution, and in the same fraternal spirit iu which it was formed, and by which alone it can be maintained. Sir, there are times when public opin- ion is like a placid stream gently flow- ing within its banks, when slight obsta- cles may for a time arrest or change or divert its course. Then, it may be said, the voice of the people is the voice of politicians; the voice of the people is the will of a party. But there are other times when the "heavens are overcast, the rains have descended,. and the floods have come, tliat its majectic current rolls on, emblem of wrathand power, when resistance maddens its fury and in- creases its strength. Then it overflows its banks. Tho'l^arriers of party cau- cusses and politicians are all swept away and become mere flood-wood on the surface of the troubled waters. The 11 voice of the people then is no longer the voice of politici'aus ; then it is ti^at tiie voice of the people is the voice of God. Sir, we have passed through such crises in our day. You well remember ■when a feeble minority in this body raised its voice against that overbearing majority which, under the dictation of Southern radicals sought to force a State government, with negro slavery, upon the people of Kansas against their will. That monstrous wrong atirrnd the Ijearts of the people* to their very depths, and party lines unci party names were forgotten. Party ties were sundered like flax at the touch of Are. You re- member that, sir. Again, when these same radicals of the South, bocauso the people of the North mdignantly refused to sanction the subjuizatiou of Kansas, rose in arn^s to destroy the Union and the Constitution, what become of party then. The peo- ple rose as one man. Largo masses of the Democratic party gave their political support to the administration of Mr, LXrcoin, forming the Union Republi- can party ; and to their eternal honor be it said that the great mass of the Demo- ci-atic party, with some exceptions, gave to his war measures a hearty and un- flinching support. Without that sup- port the war would have been a failure. In the actual prosecution of the war, in the camp and on the field of battle, in the rank and tils, as well as in command, we found no distinction whatever. Shoulder to shoulder Democrats and Republicans stood together like brothers on every battle-tield from the beginning to the end of the rebellion. To defend the Union and the Constitution against overthrow by Southern ladicalism,. in arms against them, they braved every danger and endured every hardship. Together they stood in the day of the conflict, freely bared their bosoms in each other's defense : together often their life's blood gushed and mingled, and side by side they now sleep their last sleep in their honored graves. There they will sleep together till Heav- en calls them to their reward. And now, sir, what do wo behold? A dominant majority in this Senate and in Congress, under the lead of Northern Radicalism, at the point of the bayonot lurcing negro suffrage and negro gov- ernments upon ten States of the Union and six million peopleagainsttheir will. What WHS the outrage upon Kansas compared to that? Wo see therii prac- ticiiliy dissolving the Union by exclu- ding ten States from the Union, thus doing what the rebellion could never do and v,iiat we spent §5,000,000,000 and five hundred thousand lives of our best and bravest to prevent. For long months wo have sen, but were only temporarily out of their proper re- lations, and that as soon as the war was over these constitutional relations should bo resuaied. But even before the death of Mr. Lincoln tbere was developed in the Republican party a formidable op- position to that policy ; and a new party was soon formed, which held that we had waged a war for conquest, and not lor restoration; that we had not n}ere!y put down an iustirrection, but that we had conquered provinces, not States, and a foreign jieople, not American citizens; that these States, instead of being re- stored, were to be reconstructed ; that aa conquered territory, Congress was to legislate in all their domestic concerns, and if ever they were again to become States of the Union, they v.' ere to come in by a new title, pre<'isely as in some future day we may choose to make a State of the newly acquired territory of Alaska. Gentlemen, the Constitution lathe text of the sentiment to which I have been ciilled upon to respond. Let usstopoue moment to look into that sacred instru- ment, in order to .solve the question which arises here. The case which has occurred is not, in the language of a lawyer, a casus emissus. The Constitu- tion is not silent. It has anticipated what has happened. It provides for in- surrection, whether small or great; whether of a part of a Slate or an entire State ; whether in one State or in naany. It provides for insurrection against the laws of a State, and for insurrection against the laws of the United States. It gives power in both case.? ; the power in one case to put down insurrection against the State by enforcing obedience to tho laws of the State ; and the- power in the other case to put down insurrec- tion against the laws of the United States by enforcing obedience to those laws. So, too, the Constitution gives 18 the power of protection against foreign enemies, and the power to declare war, and, as incidental to that, the poorer to make cono.utsts. Where, in this instrument, providing for the very case of insurreciion and for the very remedy to be applied — where do you tind power to put down insur- rection in a State, and then to destroy the State, and hold it and its people as conquered and subjugated ? And yet; gentlemen, this is precisely what has been done, not by a change of our Fede- ral Constitution, but by a Congress who must tind for every act a warrant and authority in the provision of that Con- stitution. The reconstruction acts passed by Congress have converted ten of these States into a lower condition than that of mere Territc ries, have destroyed every vestige of State government, and have stripj.ed millions of their people of ev- ery cjjaraclerjstic of an American cit- izen. Under this extiaordinarj' legisla- tion, the vast territory covered by these ten States, and the millions of unhappy people which reside there have no more protection under our Federal Constitu- tion than if they occupied so much ter- ritory in the interior of Africa. Their State constitutions— made by these peo- ple under the auspices of President Lin- coln and President Johnson — are declar- ed (o be ilJt^t^al, and, in cflect, abolished and in placo of them Congress has pro- vided a military despotism. Certainly, if no valid State law protected these peo- ple, there was, at least, Federal law which ought to have protected them, for over every footof that territory andevery individual that inhabits it, the greatfnn- damental law of the Constitution of the "United Slates prevails in all its vigor, and gives to every one of them evA-y I^riviloge and every immunity which it extends to the American citizen any- where and everywhere. With the Constitution, then, fu/ly in force over all that territory and all those people, where does Congress tind its warrant for supplanting a legal State government with a military despotism? W^here does Congress find its warrant, in time of peace, to suspend the habeas corpus, to take away the inestimable privilege of Iho trial by jury, to remove ■ the civil officers of a State, and substi- tute Federal olljcers in their places ; and, tinally, to try, to condemn, to pun- ish, to inaprisou, to hang these people for civil oilences, or pretended offences, by thejudgmeut of a military cotirt? Where does Congress find its warrant in the Cinsiitution to cjuit the domain of Federal law, and to make a constitution for a State by voters of its own creating — to pass a suffrage law 'or o Stale? Where does ii tind authority to say who shall vote and who shall not vote in State elections? Lastly, where does it find authority to make a new class of citizens, and to give to that class of citi- zens greater rights than were ever con- ferred before by the Constitution upon any class, and to ty,ke away from tliose who always enjoyed the rights of citi- zenship the most precious of those rights ? Gentlemen, I have been at the bar for nearly half a century, and have been a constant student, not only of the com- mon law, but of our own constitutional law, and I do not hesitate toiyay tliat the whole of these reconstruction acts of Congress, from beginning to end — tirst, second, and third, in the series— are un- constitutional and void. There are times when to be silent is to be unfaith- ful. There are times when men viust speak out. I will not attempt to sch(X>l myself into reticence upon these great questions, and I could not if I v.'ould, , And now, my Democratic f; lends, you see the reason why I am here, and why your committee has contided in me so far as to ask mo to respond to one of the sentiments on your programme. [Ap- plause.] It is enough for uie to know that, upon the great questions of the day, and upon the great issues that are to be fougbt during this year, we have at last come together. Twenty years ago, if I had been told that the time would come when I would take an ac- tive part in a Democratic celebration, that the time would come in which I should rejoice at a Demecratic victory, I could scarcely have believed it possi- ble. In those forrner contests I thought the Democratic party always wrong, and the Whig party always right. But, gentlemen, the issues of those daj's were not like those that are belbre us. Doth parties fought under tl^e Constitution,^ md as yet we had no party outside of ihe Constitution. Not so with this new and dangerous party that now confronts us, old Whigs and old Democrats, under the name of Radicals. The time has come when we must strike hands, and, shoulder to shoulder, face the ommou enemy. We must meet that enemy to- gether and united, or the battle will be lost. [Cries of " We will," and great cheering.] I see that a distinguished Senator from Indiana, a few days ago, in an ad- dress delivered in this city beiore the Soldiers' and Sailors' Union, volun- teered to give a name to those who op- pose the Congressional policy, and to state of what materials the party was composed, and to fix tip t«bo issues for which the3^ were to contend in the ap- proaching Presidential contest. As lo the name, ho gives it under an alias, a3 the Democratic or Conservative party; and he says it is composed of the North- ern Democrats who sympathized with secession and rebellion, of the Southern rebels, and of a "few recruits from the Republican party." Now, if he means, as I sup[)osohe does, that the recruits from the Republican party are those who voted with that party in the last Presidential election, how will the hon- orable Senator explain the last election which has taken place in Ohio, a Staie that lies so close to Indiana that lie can- not fail to have heard the result ? There were i)o, 000 Republican majority in that State in the Pr.esidential election of 18(M. There was only 3.000 Reptiblican major- ity given in that Slate at the last elec- tion for Governor, in 18G7; so that there were fully 45,000 recruits in that State 14 RloTie. But this is not all. To these 45,000 must be added 26,000 more who voted against the Republican party at the same election upon the vital ques- tion of uuiversal negro sutfrage. So that we have here somewhere about 70,000 recruits in one single State; and more than that, the recruiting service is still in full operation in that State, and every day is adding to its swelling numbers. I have not time toenumeratethewell- known result in other State,s which have recently held elections. We know that reci'uiting offices have been opened in California, in New Jersey, in Pennsyl- vania, in New York, in Connecticut, and even in Massachusetts, and that, in fact, the recruiting service is now in full operation all over the United States, and that the people are coming forward with the same alacrity to vote for the restora- tion ot the Union as they did to fight for its restoration. [Hearty applause.] Now, observe, gentlemen, that Sena- tor Morton says this new party is com- posed of just three elements: the North- ern Democrats, who sympathize with rebellion ; the Southern rebels, and the recruits from the Republican party. Of course we must drop out the Southern rebel element in considering the results of the elections in the Northern States, leaving only, according to Senator Mor- ton's classification, the Northern Demo- crats, who sympathized with secession, and the recruit^ from the Republican party. Now, if the Senator b.e right, and only a few recruits left the party, the 50,000 anti-Republican majority in New York must have been almost altogether carried by sympathizers with secession. Surely the honorable Senator could scarcely mean this, unless, indeed, he too mean that not to vote the Republican ticket is to be a rebel and a secessionist. The honorable Senator, however, does not stop with giving a ui me to the new party, and with stating its component parts, but he is kind enough to make up the issues upon which it is to contend in the apptoaching campaign. He says these issues will be : Fi rst, the payment of the rebel debt; second, payment for emancipated slaves; and, third, pen- sions for the widows and orphans otthe rebel soldiers. I do not know by what authority the honorable Senator under- takes to make a platform for a party to • which he does not belong. He is cer- tainly v«ry capable of making a plat- form for the party to which he does be- long ; but he fails to .tell- us what the platform of his party is to be. [Laugh- ter.] The platform which he projects for our party could not command a corporal's guard in any of the Northern States. It is upon no such issues as those that the great popular reactionary move- ment was begun Ijist fall. The issues of 1868 will be the issues of 18G7 : The Con- stitution as it is : the limitation of Fed- eral power within the justand well-de- fined boundaries of the Constitution ; a restoration of all 'the St.ates under the Constitution, and not outside of the Con- stitution ; civil law instead of military law ; free elections, and constitutions formed by the people of the Statiis, and not by the people of the other States, whether in Congress or out of Congress. [Great cheering.J SPEECH OF HON. J. S. BLACK. Hon. J. S. Black beuig called upon to respond, spoke as follows: Mr. Chairman and Gentlemen: My modesty is a good deal shocked at being called upon to speak on this occasion before anybody else, except our greitly respected friend and excellent chair- man. I suppose, however, that I am ex- pected to say only the few words that are necessary to start the business of the evening. That is all I intend to do. There is no day in the year, except the Fourth of July, that ought to be kept so sacred as the 8th of January. [Ap- plause.] And, except the Father of his Country, there is n.o name known among men that is entitled to a higher reverence than that of Andrew Jackson. [Applause.] I put Washington first be- cause the place which he occupies in history, as the foremost man of all this world, has never been disputed. [Ap- plause.] It was always admitted that he stood alone, without a peer among mortals. Competition gave way_ before the acknowledged greatness of his char- acter, and rivalry itself conceded the palm to his pre-eminent virtue. I know not how it may be with others, but his is a name which I never was able to pro- nounce without emotions of respect and reverence which I have no form of words to express. But the reputation of .Jackson has not been so fortunate. His life was one long battle with the enemies of constitutional freedom. [Applause.] They assailed him with OA'ery species of slander, and e^en at this day the foul birds that streamed around him in his lifetime, and others hatched in the same bad •nest, light whenever they can upon his tomb- stone to defile his tomb with their ob- scene droppings. [Loud applause.] One of the most injurious of these aspersions IS that by which the Radical party have attempted to make him authority for their own attempts to trample upon liberty and law. [Great applause.] If that be true ; if he is authority for them ; if he has set the example for their mis- conduct; if they are travelling upon a path which has one impress of his foot- step, then he is wholly and utterly un- worthy of the honor which the Ameri- can people all through the country are 15 bestowing upon him at this moment. [Applause.] Then I give him up. He is their man ; he is not ours. If General Jackson ever tlid anything in his life Avhich can justify the murder, kidnap- ping, and rubbery of innocent men and women; if he ever used military force for the purpose of enslaving any State, North or South, [applause;] if he ever used one atom of his powerful influence for the purpose of subjugating his fellow- citizens, or any portion of them, to the domination of a negro government, [cries of "good" and applause;] if there be one single act of his whole life that can be cited as an example for the coarse, ffruel, and corrupt despotism which the Radicals hare organized wherever and whenever they could, then he don't be- long to our communion. [Applause.] In that case he is only fit to be set up in the heathen pagoda which despotism has established among us, as one of the di- vinities to be worshipped beside such Generals as Pope and J3aker, [loud ap- plause,] and others of that class, where the worshippers lay it down as part of their creed that the Constitution is "a league with hell and a covenant with death," where the high priests that min- ister at the altar have qualified them- selves for holy orders by being hired del,ators and purjured witnesses, and where an act of worship which they ofter consists in false affidavits against the honor and rights of innocent people. Gentlemen, Sir Walter Ealeigh once said that the greatest temptation to which a man could be subjected was the incli- nation to speak when the people listened ; but it is not a very great temptation ■when they don't listen. [Applause and cries of "Go on."] Well, I will pro- ceed. I am not here to pronounce any eulogy or to make any defence of Gen- eral Jackson, but I do wish to refer to one passage in his life upon wliich the slander to which I have referred is based, if it be based upon anything. When General Jackson undertook the defence ■of the city of New Orleans, in the fall of 1814, he assumed a responsibility such as had rarely been taken by anybody in the world, and such as very few men except himself would have taken under such circumstances. The British army was 14,000 strong ; composed of vet- erans, ably commanded, thoroughly trained, and fresh from the victorious battle-fields of the Spanish Peninsula. They had never known what it was to be defeated. No hostile army of equal strength had ever before landed in one body upon the American shores.. To meet them General Jackson had half the number of raw levies, hastily collected from the plough and workshop, not or- ganized ; all of them imperfectly equip-, ped, and some of them — ^k considerable number of tliem — not armed at all. With these fearful odds against him, he was required to hold possession of an unwalled and unfortified town, situate upon an open plain, accessible upon every side, and with absolutely no de- fences, natural or artificial, except what ■were to be erected upon the spur of the occasion ; and he had not the assistance of one experienced officer or engineer to aid him in putting uj) his field-works or mounting his guns. This desperate game was to be played for a stake of the most stupendous mag- nitude. The possession of the whole valley of the Mississippi depended upon it; and if the city had been taken by assault, we shudder, even at this dis- tance of time, to think what must have been its fsite. The very troops that were then marching to the attack had com- mitted the most atrocious cruelties only a lew months before, at Badajos and St. Sebastian; and here again they were to be rewarded with bcmdy and booty. The defence seemed like a forlorn hope, without a particle of confidence in its success — no one hadj except ^vhat was inspired by the courage, genius, and energy of their great commander. But he was a host in himself. They wisely determined that they would throw the whole responsibility upon him ;_ that they would put their fate entirely in his hands, and they did so. Members of the Legislature, officers of the city cor-, poration, and judges of the courts came and laid their powers at his feet, and voluntarily' agreed that they would sur- render and suspend their official- func- tions until the danger was over. The whole population, with one voice, be- sought him that he would make the city a part of his camp, and take the ab- solute command upon himself of every human being within its limits. He did this at the universal request. Ho had a right to do it. It was proper that he should do it, for this simple and plain reason, that the city luas in a state of actual siege. It was no fiction. His act bore no kind of resemblance to the wan- ton outrage of declaring martial law, which is no law at all, for the mere pur- pose of trampling down the law of the land at a place where there are no mili- tary operations going on. [Great ap- plause.] Jackson executed the authority thus . bestowed upon him, "hot only moder- ately, but benignly. He gathered the people around him, and protected their rights to the whole extent that he was able to do so, consistentl.v with their'own good and proper defence of the place, as tenderly as a father would care for his children. But he didn't allow him- self to be trifled with. And that brings me to the only fact in bis whole life that has ever been criticised with reference to this point. A gentleman named Louallier, who had been a member of the Legislature, became, in the course of time, discontented. He was one of Gen- eral Jackson's soldiers — that is, ho had put himself under his command as much as any volunteer ia his army. Hut he became restive, and, after a while, he published aiU address, and printed and circulated it over the city, in which he counselled disobedience to the General's orders. That was simply mutinj', and the punishment of mutiny was death. But General Jackson only confined him, , declaring at the time his intention to 16 telease him tlie very moment that he dould do so with safety. Then came Judge Hall, another of his voluntary subordinates. He undertook to inter- fere with the discipline of General Jack- son's camp; by issuing a habeas corpus for the body of the mutineer. The General, in order to save all trouble, sent the Judge four miles up the river, with directions tliat he should remain outside of his picket-lines until it should be known that the enemy had retired from the coast. When the great battle had been won, whew the invader had been driven away, when the city was saved ■with all its beauty and its booty, then Judge Hall returned ; and so soon as he got back he commenced a prosecution against General Jnckson for — what do you think? Contempt of court! The General thought that was very absurd. Nevertheless, although he had a victorious army at his back ; although he was surrounded by if popuhxtion that adored him as their great deliverer, he bowed his head to the lawful authorities of the country, as lowly as the humblest man in the nation. [Great applause.] He not only submitted to the legal pro- cess which was issued against him, but he gave to the Judge the assurance that the same arm which had defended the city against a foreign invader would de- fend him from the danger of a popular outbreak. [Applause.] He appeared before the court and made a defence which was worthy of his character as a lawyer, and perfectly consistent with his high renown as a statesman and a patriot. He pleaded that he was not and could not, be guilty of any contempt of court, because that court had, of its own accord, relinquished its authority during ^le siege, and had notified him of the factv He said that even if his act was illegal, he had committed not a contempt of c^jurt, but a personal trespass against the Judge, and to this he was willing to respond' iu a personal action before a court of competent jurisdiction and an impartial jury. But he insisted that his adversary had no right to sit in judg- ment upon his own case. This defence was overruled by the Judge, and it was overruled in such manifest defiance of reason and justice, that the Judge would have been torn into pieces if General Jackson had not redeemed his promise to protect him. But he did. "When the Judge faltered for fear of the indigna- tion of the crowd with which he was surrounded, the General rose in the court and said, "Go on and perform what you think your duty." [Applause.] "I have fought-for the liberties of this nation, and 1 will not permit the civil institutions of the country to be dishon- ored." [Applause.] The Judge fined him a thousand dgllars, and then his friends fiocked around him to pay the fine for him; but he declined all such offers. "No," said he, "I will not evade the decision of a lawful tribunal." [Applause.] " I will pay the fine my- self. It becomes me to suffer whatever has been inflicted, rightfully or wrong- fully. And now," said he, " I am square with the law, even as Judge Hall ex- pounded it." Now, if General Jackson had systematized robbery and murder by means of mililary commissions, [applause and crics^f "Good,"] if, instead of using liis army to flght the common enemy, lie had scattered his sol- diers over the country, hundieds of miles away from his post, to kidnap liis political opponents for expressing their honest con- victions; if he lia* ordered an upri.ijlit judaie to be dragged from the bench by ruiiiiins, beaten upon the head witli the butt ends of their pistols, and carried away to prison, because lie had ivdminist ered j astice accord- ing to law; and if, finally, he had estab- lished a military despotism upon the ruins of a free Government; then I admit that he would have been fair authority, and they miglut have quoted him as an example of their misdectls. But in truth and in fact. General Jackson was one of the ablest and best defenders of the Constitution and the laws that the United States ever had. Tnore never lived a man within the limits of this country who wouM go further io defencl them, or more cheerfully shed his blood to save them from violation. [Apv.lause.] There are some persons here, I think, who not only know the character of General Jackson, but who have been intimately ac- quainted with him. I ask of such what they suppose General Jackson would have thought of our " Bureau of Mililary Justice," if such a bloody machine as that hau been set up in his lime. [Great applause and laughter.] I do not knovV ; 1 can only con- jecture: I think he would have shattered it "into a tiiousaud atoms with one blow of his ponderous hand, [applause;] and the first impulse of his noble and generous nature would have been to take that lawless crew by the throats and pitch them into the Po- tomac. [Applause.] I do not say he would have done it any more than our honored Chief Magistrate would. [Tremendous ap- plause. Three cheers for the President.] Let me tell you the reason why 1 think he would not have done it. He ivas a perfectly luiv-abidinc) man. He Would have waited his time. He "would have curbed his fiery tem- per ; he would have chastened down, (as he always did,) in a proper way his impetuous passions. Hut sooner or later he would have done what will be lione yet. [Gr^at applause.] He would have made tiiose mis- creants feel the majesty of legal justice; The Spaniards have a proverb, that the mill of God grinds slowly, but it grinds dreadfully fine. [Laughter.] And now, don't you think the people of this country are about to let the water on ? [Great laugh- ter] I said that I had no eulogy or defence to make of General Jackson ; but I do say now, in conclusion, that if the people of this country will appreciate his character truly, and remember well the lessons that his acts and his precepts havelnrnished them, they will have such a Government as that which he described in his protest to the Senate — not a despotism, surrounded by the prid^ ponrp, and circumstance of military sho\^ ■but a quiet Government, wliicli will pro- tect their liberties and tlifu- rights, a Gvov- ernment distributing its blessings like the dews of Heaven, unseen and unfelt, save in the beauty and-freshness they contribute to produce. As long as we keep our eyes upon his history, as the pole-star by which we are to beguided, we will be wise ; aud when- ever we quit it we will be otherwise. [Great applause.] V LIBRARY OF CONGRESS 013 7/^4 532 3 ^