Autobiography of Seventy Years Part 50

Some worthy Republican Senators became alarmed. They thought, with a good deal of reason, that it was better to allow existing evils and conditions to be cured by time, and the returning conscience and good sense of the people, rather than have the strife, the result of which must be quite doubtful, which the enactment and enforcement of this law, however moderate and just, would inevitably create.

On reflection, I came myself to the conclusion that, while the Bill was reasonable and there was no reasonable doubt of the power of Congress to enact it, yet the attempt to pa.s.s it, if it were to fail, would do the cause infinite mischief. It would be an exhibition of impotence, always injurious to a political party. It would drive back into the Democratic Party many men who were afraid of negro domination; who looked with great dislike on the a.s.sertion of National power over elections, and whom other considerations would induce to act with the Republicans. So I thought it was best to ascertain carefully the prevailing opinion and see if we were likely to get the Bill through, and, if we found that unlikely, not to proceed far enough to have a debate in either House.

Accordingly I visited the House of Representatives, saw several of my Ma.s.sachusetts colleagues and some other leaders. They agreed that, if I found that the Bill could not, in all probability, pa.s.s the Senate, it should be arranged to lay it aside in the House without making any serious movement for it there.

After that arrangement was made there was a Senate caucus.

I brought up the matter and moved the appointment of a Committee to consider the whole question of legislation with reference to the security of elections. A gentleman who had recently become a Member of the Senate rose and quite angrily objected to taking up the matter for consideration. He declared that he would not consent to have the subject introduced in a Republican caucus. The proceedings of such caucuses are supposed to be kept from the public. But they are pretty sure to leak out. I could not very well get up and say that my reason for asking for a committee was to see whether the law should be suppressed or not. So I did not urge my motion.

But I did the best I could.

Before reporting the Bill I saw every Republican Senator and obtained his opinion upon it. I have in my possession the original memoranda of the various answers. Not only a majority of the Republican Senators, but a majority of the whole Senate declared emphatically for an Election Bill. I further consulted them whether the authority, in case of a disputed election, to order, upon hearing, the name of the person found to be elected to be placed on the roll should be lodged in the United States Courts, or in some special tribunal. Two or three preferred that the court should not be invoked. But a majority of the whole Senate favored vesting the power in the courts, and those who preferred another way stated that they were willing to abide by the judgment of the Committee.

When the House Bill came up, it was, on the 7th of August, 1890, reported favorably with my Bill as a subst.i.tute. Meantime the McKinley Tariff Bill, which Mr. Cleveland had made, so far as he could, the sole issue in the late election, had been matured and reported. It affected all the business interests of the country. They were in a state of uncertainty and alarm.

Mr. Quay of Pennsylvania proposed a resolution to the effect that certain enumerated measures, not including the Election Bill, should be considered at that session, and that all others should be postponed. That, I suppose, would have had the entire Democratic support and Republicans enough to give it a majority. It would have postponed the Election Bill without giving any a.s.surance of its consideration at the short session.

So a conference of Republicans was held at which an agreement was made, which I drew up, and signed by a majority of the entire Senate. It ent.i.tled the friends of the Election Bill to be a.s.sured that it would be brought to a vote and pa.s.sed at the short session, if there were then a majority in its favor.

This is the agreement, of which I have the original, with the original signatures annexed, in my possession.

"We will vote: 1. To take up for consideration on the first day of the next session the Federal Election Bill, and to keep it before the Senate to the exclusion of other legislative business, until it shall be disposed of by a vote. 2. To make such provision as to the time and manner of taking the vote as shall be decided, by a majority of the Republican Senators, to be necessary in order to secure such vote, either by a general rule like that proposed by Mr. h.o.a.r, and now pending before the committee on rules, or by special rule of the same purport, applicable only to the Election Bill."

At the next December session the Bill was taken up for consideration and, after a few days' debate, there was a motion to lay it aside. Since the measure had been first introduced, the sentiment in certain parts of the country in favor of the free coinage of silver had been strengthened. Several of the Republican Senators were among its most zealous advocates. There was a motion to lay aside the Election Bill which was adopted by a bare majority--the Democrats voting for it and several of the Silver Republican Senators, so-called. All but one of these had signed their names to the promise I have printed.

I never have known by what process of reasoning they reconciled their action with their word. But I know that in heated political strife men of honor, even men of ability, sometimes deceive themselves by a casuistic reasoning which would not convince them at other times.

The Election Bill deeply excited the whole country. Its supporters were denounced by the Democratic papers everywhere, North and South, with a bitterness which I hardly knew before that the English language was capable of expressing. My mail was crowded with letters, many of them anonymous, the rest generally quite as anonymous, even if the writer's name were signed, denouncing me with all the vigor and all the scurrility of which the writers were capable. I think this is the last great outbreak of anger which has spread through the American people.

I got, however, a good deal of consolation from the stanch friends.h.i.+p and support of the Republicans of Ma.s.sachusetts, which never failed me during the very height of this storm.

Whittier sent me a volume of poetry which he had just published, with the inscription written on the blank leaf in his own hand, "To George F. h.o.a.r, with the love of his old friend, John G. Whittier." I think I would have gone through ten times as much objurgation as I had to encounter for those few words.

There has never since been an attempt to protect National elections by National authority. The last vestige of the National statute for securing purity of elections was repealed in President Cleveland's second Administration, under the lead of Senator Hill of New York. I have reflected very carefully as to my duty in that matter. I am clearly of the opinion that Congress has the power to regulate the matter of elections of Members of the House of Representatives and to make suitable provisions for honest elections and an honest ascertainment of the result, and that such legislation ought to be enacted and kept on the statute book and enforced. But such legislation, to be of any value whatever, must be permanent. If it only be maintained in force while one political party is in power, and repealed when its antagonist comes in, and is to be constant matter of political strife and sectional discussion, it is better, in my judgment, to abandon it than to keep up an incessant, fruitless struggle. It is like legislation to prohibit by law the selling of liquor. I believe that it would be wise to prohibit the sale of liquor, with the exceptions usually made in prohibitory laws. But if we are to have in any State, as we have had in so many States, a prohibitory law one year, another with different provisions the next, a license law the next, and the difficulty all the time in enforcing any of them, it is better to give the attempt at prohibition up and to adopt a local option, or high license, or some other policy. In other words, it is better to have the second best law kept permanently on the statute book than to have the best law there half the time.

So, after Senator Hill's repealing act got through the Senate, I announced that, so far as I was concerned, and so far as I had the right to express the opinion of Northern Republicans, I thought the attempt to secure the rights of the colored people by National legislation would be abandoned until there were a considerable change of opinion in the country, and especially in the South, and until it had ceased to be a matter of party strife. To that announcement, Senator Chandler of New Hamps.h.i.+re, who had been one of the most zealous advocates of the National laws, expressed his a.s.sent. That statement has been repeated once or twice on the floor of the Senate.

So far as I know, no Republican has dissented from it. Certainly there has been no Bill for that purpose introduced in either House of Congress, or proposed, so far as I know, in the Republican press, or in any Republican platform since.

The question upon which the policy of all National election laws depends is, At whose will do you hold your right to be an American citizen? What power can you invoke if that right be withheld from you? If you hold the right at will of your State, then you can invoke no power but the State for its vindication. If you hold it at the will of the Nation, as expressed by the people of the whole Nation under the Const.i.tution of the United States, then you are ent.i.tled to invoke the power of the United States for its enforcement whenever necessary.

If you hold it at the will of the white Democracy of any State or neighborhood then, as unfortunately seems to be the case in a good many States, you will be permitted to exercise it only if you are a white man, and then only so long as you are a Democrat.

I have had during my whole life to deal with that most difficult of all political problems, the relation to each other, in a Republic, of men of different races. It is a question which has vexed the American people from the beginning of their history. It is, if I am not much mistaken, to vex them still more hereafter. First the Indian, then the Negro, then the Chinese, now the Filipino, disturb our peace. In the near future will come the Italian and the Pole and the great population of Asia, with whom we are soon to be brought into most intimate and close relation.

In my opinion, in all these race difficulties and troubles, the fault has been with the Anglo-Saxons. Undoubtedly the Indian has been a savage; the Negro has been a savage; the lower order of Chinamen have been gross and sometimes b.e.s.t.i.a.l.

The inhabitants of the Philippine Islands, in their natural rights, which, as we had solemnly declared to be a self-evident truth, were theirs beyond question, have committed acts of barbarism. But in every case, these inferior and alien races, if they had been dealt with justly, in my opinion, would have been elevated by quiet, peaceful and Christian conduct on our part to a higher plane, and brought out of their barbarism.

The white man has been the offender.

I have no desire to recall the story of the methods by which the political majorities, consisting in many communities largely of negroes and led by immigrants from the North, were subdued.

This is not a sectional question.

It is not a race question. The suffrage was conferred on the negro by the Southern States themselves. They can always make their own rules. If the negro be ignorant, you may define ignorance and disfranchise that. If the negro be vicious, you may define vice and disfranchise that. If the negro be poor, you may define poverty and disfranchise that. If the negro be idle, you may define idleness and disfranchise that.

If the negro be lazy, you may define laziness and disfranchise that. If you will only disfranchise him for the qualities which you say unfit him to vote and not for his race or the color of his skin there is no Const.i.tutional obstacle in your way.

So it was not wholly a race or color problem. It was largely a question of party supremacy. In three states, Alabama, South Carolina and Florida, white Democrats charged each other with stifling the voice of the majority by fraudulent election processes, and in Alabama they claimed that a majority of white men were disfranchised by a false count of negro votes in the black belt.

It was not wholly unnatural that the men who, in dealing with each other, were men of scrupulous honor and of undoubted courage should have brought themselves to do such things, or at any rate to screen and sympathize with the more hot- headed men who did them. The proof in the public records of those public crimes is abundant. With the exception of Reverdy Johnson of Maryland there is no record of a single manly remonstrance, or expression of disapproval from the lips of any prominent Southern man. But they had persuaded themselves to believe that a contest for political power with a party largely composed of negroes was a contest for their civilization itself. They thought it like a fight for life with a pack of wolves. In some parts of the South there were men as ready to murder a negro who tried to get an office as to kill a fox they found prowling about a hen roost. These brave and haughty men who had governed the country for half a century, who had held the power of the United States at bay for four years, who had never doffed their hats to any prince or n.o.ble on earth, even in whose faults or vices there was nothing mean or petty, never having been suspected of corruption, who as Macaulay said of the younger Pitt, "If in an hour of ambition they might have been tempted to ruin their country, never would have stooped to pilfer from her,"

could not brook the sight of a Legislature made up of ignorant negroes who had been their own slaves, and of venal carpet- baggers. They could not endure that men, some of whom had been bought and sold like chattels in the time of slavery, and others ready to sell themselves, although they were freemen, should sit to legislate for their States with their n.o.ble and brave history. I myself, although I have always maintained, and do now, the equal right of all men of whatever color or race to a share in the government of the country, felt a thrill of sadness when I saw the Legislature of Louisiana in session in the winter of 1873.

There was a good deal to provoke them also in the character of some of the Northern men who had gone to the South to take an active part in political affairs. Some of them were men of the highest character and honor, actuated by pure and unselfish motives. If they had been met cordially by the communities where they took up their abode they would have brought to them a most valuable quality of citizens.h.i.+p. If Northern immigration and Northern capital had been welcomed at the South it would have had as helpful and influence as it had in California and Oregon. But the Southern men treated them all alike. I incline to think that a large number of the men who got political office in the South, when the men who had taken part in the Rebellion were still disfranchised, and the Republicans were still in power, were of a character that would not have been tolerated in public office in the North. General Willard Warner of Alabama, a brave Union soldier, a Republican Senator from that State, was one of the best and bravest men who ever sat in that body. Governor Packard of Louisiana was I believe a wise and honest man. But in general it was impossible not to feel a certain sympathy with a people, who whatever else had been their faults never were guilty of corruption or meanness, or the desire to make money out of public office, in the intolerable loathing which they felt for these strangers who had taken possession of the high places in their States.

President Grant gave the influence and authority of his Administration toward maintaining in power the lawfully chosen Republican State Governments. But in spite of all he could do they had all been overthrown but two when the Presidential election was held in 1876. Those two were South Carolina and Louisiana.

The people of those two States had chosen Republican Governors at the State election held on the same day with the election of the President. But these Governors could not hold their power twenty-four hours without the support of the National administration. When that was withdrawn the negro and carpet- bag majority was powerless as a flock of sheep before a pack of wolves to resist their brave and unscrupulous Democratic enemy, however inferior the latter in numbers.

In attempting to give a dispa.s.sionate account of the history of this great question which has entered so deeply into the political and social life of the American people almost from the beginning, it is hard to measure the influence of race prejudice, of sectional feeling, and of that other powerful motive, eagerness for party supremacy.

Suffrage was conferred upon the negro by the Southern States themselves. Under the Const.i.tution every State can prescribe its own qualifications for suffrage, with the single exception that no State can deny or abridge the right of a citizen of the United States to vote on account of race, color or previous condition of servitude.

But I am bound to say, indeed it is but to repeat what I have said many times, that my long conflict with their leaders has impressed me with an ever-increasing admiration of the great and high qualities of our Southern people. I said at Chicago in February, 1903, what I said, in substance, twenty years before in Faneuil Hall, and at about the same time in the Senate:

"Having said what I thought to say on this question, perhaps I may be indulged in adding that although my life, politically and personally, has been a life of almost constant strife with the leaders of the Southern people, yet as I grow older I have learned, not only to respect and esteem, but to love the great qualities which belong to my fellow citizens of the Southern States. They are a n.o.ble race. We may well take pattern from them in some of the great virtues which make up the strength, as they make the glory, of Free States.

Their love of home; their chivalrous respect for women; their courage; their delicate sense of honor; their constancy, which can abide by an opinion or a purpose or an interest of their States through adversity and through prosperity, through the years and through the generations, are things by which the people of the more mercurial North may take a lesson. And there is another thing--covetousness, corruption, the low temptation of money has not yet found any place in our Southern politics.

"Now, my friends, we cannot afford to live, we don't wish to live, and we will not live, in a state of estrangement from a people who possess these qualities. They are our kindred; bone of our bone; flesh of our flesh; blood of our blood, and whatever may be the temporary error of any Southern State I, for one, if I have a right to speak for Ma.s.sachusetts, say to her, 'Entreat me not to leave thee, nor to return from following after thee. For where thou goest I will go, and where thou stayest, I will stay also. And they people shall be my people, and thy G.o.d my G.o.d.'"

In July, 1898, I was invited to deliver an address before the Virginia Bar a.s.sociation. I was received by that company of distinguished gentlemen with a hospitality like that I had found in Charleston the year before. Certainly the old estrangements are gone. I took occasion in my address to appeal to the Virginia bar to give the weight of their great influence in sustaining the dignity and authority of the Supreme Court, in spite of their disappointment at some of its decisions of Const.i.tutional questions. They received what I had to say, although they knew I differed from them on some of the gravest matters which concerned the State, and had been an anti-slavery man from my youth, with a respect and courtesy which left nothing to be desired. At the banquet which followed the address, this toast was given by William Wirt Henry, a grandson of Patrick Henry, himself one of the foremost lawyers and historians of the South. I prize very highly the original which I have in his handwriting.

"Ma.s.sachusetts and Virginia.

"Foremost in planting the English Colonies in America; "Foremost in resisting British tyranny; "Foremost in the Revolution which won our Independence and established our free inst.i.tutions; "May the memories of the past be the bond of the future."

My own endeavor, during my long public life, has been to maintain the doctrine of the Declaration of Independence, which declares the right of every man to political equality by virtue of his manhood, and of every people to self-government by virtue of its character as a people. This our fathers meant to lay down as the fundamental law of States and of the United States, having its steadfast and immovable foundation in the law of G.o.d. It was never their purpose to declare that ignorance or vice or want of experience of the inst.i.tutions of a country should not disqualify men from a share in the Government. Those things they meant to leave to the discretion of the power, whether State or National, which was to prescribe the qualifications of suffrage. But they did not mean that the accident of birthplace, or the accident of race, or the accident of color, should enter into the question at all.

To this doctrine I have, in my humble way, endeavored to adhere.

In dealing with the Chinese, or any cla.s.s of immigrants, I would prescribe as strict a rule as the strictest for ascertaining whether the immigrant meant in good faith to be an American citizen, whether he meant to end his life here, to bring his wife and children with him, whether he loved American inst.i.tutions, whether he was fit to understand the political problems with which the people had to deal, whether he had individual worth, or health of body or mind. I would make, if need be, ten years or twenty years, as the necessary period of residence for naturalization.

I would deal with the Negro or the German or the Frenchman or the Italian on the same principle. But the one thing I have never consented to is that a man shall be kept out of this country, or kept in a position of inferiority, while he is in it, because of his color, because of his birthplace, or because of his race.

One matter in connection with the management of the Elections Bill I have never been able to think of since without a shudder.

The Democrats in the Senate, led by Mr. Gorman, the most skilful of their leaders, endeavored to defeat the bill by the tactics of delay. If the debate could be prolonged so that it was impossible to get a vote without the loss of the great Appropriations Bills, or some of them, the bill, of course, must be laid aside. So the Republicans, on the other hand, as is usual in such cases, refrained from debate, leaving their antagonists to take up the time. Every afternoon at about five o'clock some Democrat would come to me saying that he was to take the floor, but that he did not feel well, or was not quite ready with some material, and ask me as a personal favor to let the matter go over until the next morning. This happened so often that I became satisfied it was a concerted scheme, and made up my mind that I would not yield to such a request again.

But one afternoon Senator Wilson of Maryland, a quiet and most estimable gentleman, whom I had known very well, and for whom I had a high regard, came to me and said he felt quite unwell; he could go on that afternoon, if I insisted upon it; but he would like much better to put off speaking till the next day. I was just beginning my answer to the effect that I had heard that so often that I had determined I would not yield again to the request. But I said to myself, It cannot be possible that this man would undertake to deceive me. He is a gentleman of high character, absolutely honorable and incapable of falsehood. So I answered, Of course, Mr.

Wilson, if you are ill, I will consent to your desire. Mr.

Wilson made his speech the next day. This was December 15.

A few weeks after, on the 24th of February, Mr. Wilson died suddenly of heart disease. It was an affection of which he had been conscious for some years, and which he had for some time expected would cause sudden death. I dare say if he had been compelled to proceed with his speech that day it would have been fatal. In that case my life would have been embittered by the memory.

We had a meeting of the Republican members of the Committee, for consultation, before we reported the Bill. Mr. Evarts, while he approved the principle of the measure, shared very strongly my own hesitation, caused by the fear of the political effect of the defeat of a measure likely to excite so much angry strife throughout the country. After hearing the opinion of those who favored going on with the Bill, Mr. Evarts said: "I spent a Sunday with Judge Kent on the Hudson a good many years ago, with several New York lawyers. We all went to the Episcopal church in the forenoon, and dined with the Judge after church. During the service one of the company kept far behind in the responses, which annoyed the Judge a good deal. At dinner he broke out, 'Davis, why can't you descend into h.e.l.l with the rest of the congregation?' I will descend into h.e.l.l with the rest of the congregation."

Mr. Evarts made the descent and stood loyally by the measure in the debate to the best of his great ability.

CHAPTER XIV CONSt.i.tUTIONAL AMENDMENTS AND THE PRESIDENTIAL SUCCESSION BILL

When I entered the Senate, I found one very serious inconvenience and one very great public danger in existing conditions.

The great inconvenience grew out of the fact that by the Const.i.tution the session of Congress must end on the fourth of March every other year. A third of the Senate goes out at the same time, and every fourth year the Presidential term ends. That session of Congress meets, according to our usage, on the first Monday of December. The meeting cannot well come much earlier without preventing the members of the two Houses of Congress from taking part in the political campaign, where they are justly expected by the people to give an account of their stewards.h.i.+p, and to discuss the questions to be considered by the people in the election. So there are but thirteen weeks in which to pa.s.s fourteen or fifteen great Appropriation Bills, making it impossible to deal with any other great subject except by unanimous consent. The result is also that the Appropriation Bills are put in the power of a very few men indeed. The House has to submit to the dictation of the Appropriation Committee, and cannot be allowed to debate, or even to have a separate vote on matters which nearly the whole House would like to accomplish, if there were time, but which the Chairman of the Appropriation Committee, who is usually omnipotent with his a.s.sociates, may happen to dislike. On the other hand, in the Senate, where there is no cloture rule, any single member, or at best, a very few members, can defeat an Appropriation Bill and compel an extra session by exercising their right of uncontrolled debate.

Besides; people from all parts of the country like to attend the inauguration of a new President. The fourth of March is at an inclement season, and is apt to be an inclement day, and it may come on Sat.u.r.day or Sunday or Monday. So persons who attend may be obliged to be away from home over Sunday, and a great many persons have lost their health or life from exposure in witnessing the inauguration.