tempest or time, while it overarches the continent with its generous shade. Such, at least, is the aspiration in which all may unite. "Firm like the oak may our blest nation rise, No less distinguished for its strength than size; To shield and grace the trunk's majestic height; 1 From a toast by Charles P. Sumner at the State Celebration of the Fiftieth Anniversary of American Independence, in the Doric Hall of the State House in Boston, July 4, 1826. 11* CONSTANT DISTRUST OF THE PRESIDENT. REMARKS IN THE SENATE, ON THE FINAL ADJOURNMENT, November 26, 1867. THURSDAY, November 21st, Congress reassembled, pursuant to the resolution adopted July 20th. According to existing law, the regular session would commence on the first Monday of December. November 26th, Mr. Grimes, of Iowa, moved the adjournment of the two Houses on Monday, December 2d, at half past eleven o'clock, A. M. Mr. Sumner suggested "twelve o'clock," remarking, — I QUESTION whether we should leave even the break of half an hour between the two sessions. The point is just this: Will you leave to the President one half-hour within which he may take advantage of the absence of Congress, and issue commissions which would perhaps run-I do not decide the point now, but which, I say, might run to the last day of the next session? that may be midsummer or autumn. I take it that an appointment during that interim of half an hour might possibly be valid to the last day of the next session of Congress. MR. EDMUNDS [of Vermont]. But the law takes no notice of parts of a day. MR. SUMNER. That is a technicality. Why open the question? Mr. Grimes, following the suggestion, altered his motion to "twelve o'clock." A debate ensued, in which Mr. Sherman, of Ohio, Mr. Fessenden, of Maine, and Mr. Trumbull, of Illinois, took part. Mr. Sumner followed. I HOPE that what we do will be for the welfare of the country, and with no reference to mere rumors or reports. There I agree with my friend; but then I do not agree with him, when he says, Give the President another chance. We have been giving him chances, and we cannot act now without taking into consideration his character and position, which have become matters of history. I would speak with proper delicacy, with proper reserve, but I must speak under the responsibility of a Senator. A large portion of our country believe the President a wicked man, of evil thoughts and unpatriotic purposes, in spirit and conduct the successor of Jefferson Davis, through whom the Rebellion is revived. Such are the sentiments of a large portion of our people. MR. DIXON [of Connecticut]. I desire to ask the Senator if that is the opinion of a majority of the American people, in his judgment. MR. SUMNER. It is unquestionably the opinion of a large portion of the people of the United States; whether a majority or not the future may disclose. I will not anticipate any such judgment. I speak now with reference to what is before us. The question is, whether we shall give him another opportunity. I say, No. And here I act on no floating rumor, to which the Senator from Illinois refers; I act with reference to the character of the chief magistrate, displayed in his public conduct. It seems to me that it will be something like rashness, if the Senate concede to him another occasion to practise on the country in carrying out his policy, as we know he has practised in times past. We must stop the way. We should not give him a day; we should not give him five minutes, I am ready to say that, — not five minutes, for the chance of illegitimate power. I will not allow him to exercise it, and then take my chance hereafter of applying the corrective. And that brings me to the exact point as to whether the present session should expire precisely when the coming session begins. I see no reason why it should not. I see no reason why we should interpose the buffer even of five minutes. Let one session come close upon the other, and then we shall exclude every possibility of evil consequences. In France, during the old monarchy, when the king died, the moment the breath was out of his body the reign of his successor began, so that the cry, "The king is dead," was followed instantly by another cry, "Long live the king!" Now I know not why, when this session expires, we may not at the same time announce its expiration and announce a new session. The resolution was agreed to, and Congress adjourned accordingly. THE FOURTEENTH AMENDMENT: WITHDRAWAL OF ASSENT BY A STATE. REMARKS IN THE SENATE, ON THE RESOLUTIONS OF THE LEGISLATURE OF OHIO RESCINDING ITS FORMER RESOLUTION IN RATIFICATION OF THE FOURTEENTH AMENDMENT, JANUARY 31, 1868. HE resolutions from the Legislature of Ohio are so important in character, and so wholly without precedent, I believe, in our history, that I think they justify remark even by a Senator who has not the honor of any special association with that State. It seems to me very clear that the authors of these resolutions have accomplished nothing except to exhibit their own blind prejudices. By the Constitution of the United States, a State may give its assent to a Constitutional Amendment. There is no provision for any withdrawal of such assent, when once given. The assent of the State, once given, is final. A State, I do not hesitate to say, can no more withdraw, such assent than it can withdraw from the Union; and on the latter proposition I believe there is now a universal accord. But, happily, Sir, this extraordinary effort of an accidental Legislature is absolutely impotent. The Amendment in question is already a part of the Constitution of the United States, and in full vigor, even without the assent of Ohio. By a report from the Secretary of |
