LIBRARY OF CONGRESS 012 027 961 r f Hollinger :c% E 458 .4 -D265 Copy 1 SPEECH HON. IT. WINTER DAVIS, • < OF MARYLAND, ON THE EXPULSION OF MR. LONG. DELIVERED IN THE HOUSE OF REPRESENTATIVES, APRIL 11, 1664. The House having tmder consideration the resolution offered by Mr. Colfax, proposing the sxpulsion of Mr. Long, Mr. DAVIS said: Mr. Speaker: A singular disposition has been manifested to avoid the ques- tion before the House, I desire to cajl your attention to that question before I follow the gentlemen on the other side in the rather irrelevant discussion in which they have indulged. It is not whether in the House of Representatives of the United States of America freedom of opinion is secured by law, nor whether the freedom of 3peech And of the press is the constitutional right of the American citizen, but whether the gentleman who delivered the speech now in question is a fit and worthy member of this House; not whether, out of doors, in his private ca- pacity, he would be entitled to entertain and as an individual to express the opinions which he has uttered here, but whether as a legislator charged, to pro- tect the interests of the people, sworn to maintain the Constitution of the Uni- ted States, he has not avowed a purpose inconsistent with those duties, a reso- lution not to maintain but to destroy; a determination not to defend but to yield up undefended to the enemies of the United States what he was sent here to protect. That is the question — and that is the only question which has not been discussed by the defenders of the gentleman from Ohio. They tell us' words cannot be the subject of animadversion under the rules of this House, nor under the Constitution of the United States ! What becomes of the resolution declaring the member from Maryland [Mr. Harris] to be an unworthy member of thi» House, adopted by their votes on Saturday ? What becomes of the solemn adjudication as far back as 1842, when a majority of this House asserted the right to censure Joshua R. Giddings, not for introduc- ing a petition to dissolve the Union, but for offering resolutions for the consid- eration of this House declaring that the mutineers of the Creole were not re- sponsible for any criminal act under the laws of the United States, interpreted by the resolution of censure into a justification of mutiny and murder? It is the judgment of this House, and therefore not necessary to be argued by me, that words may prove criminality when they reveal a criminal purpose; and, if they are sufficiently criminal, that they may be visited first by cer.sure, and, if they judge it necessary to the public safety, by expulsion from the House. I do not envy the gentlemen who refused to expel the gentleman from Maryland for language uttered in the presence of us all, which they immediately after voted to declare tended and was designed to give aid and encouragement te the public enemies of the nation, and therefore he was an unworthy member of the House. Sir, it would seem to have been the logical conclusion that if he is an unworthy member of the House he ought hot to be suffered to remain in it, and that gentlemen who so thought would have so said on the first vote £ • u 2 for expulsion. How gentlemen will reconcile that glaring inconsistency to their constituents, how they who have declared the gentleman from Maryland an unworthy member but that he should remain a member, who asserted the right to punish by inflicting punishment but refused the only adequate penalty for the offense of which they voted him guilty, will justify themselves in the face of their own votes, it is for them to consider. It would be cruel to ag- gravate their embarrassments by any observations. Ab hac scabie tencamus ungues. But it remains conceded by the votes of our opponents that in spite of the Constitution of the United States, in spite of the conceded freedom of opinion, in spite of the conceded freedom of speech, words are and may be here, not out of doors, but here in this House, here upon a subject before the House for con- sideration, here where everybody has the right to express his views upon every measure before the House, words are and have been adjudged by the votes of our opponents to be criminal, to be punishable, and they have been punished within two days. The measure of judgment is a matter of discretion. The Constitution says that with the consent of two-thirds either House may expel a member: that means not capriciously but for some wrong, for misconduct, for acts, for words, for purposes, for avowals inconsistent with his duty on this floor, tending to show that he is not a safe depositary of the great powers of a Representative; and the only constitutional criterion of what is and what is not adequate cause of* expulsion is the judgment of two-thirds of this House. If that be so, the only further question we have to ask is, whether the gen- tleman from Ohio, respectable as he is in his private relations, respectable as has been his conduct in this House, honestly as his convictions may be enter- tained, has not placed himself beyond the pale of thet protection which this House accords to freedom of speech, not by speaking as he ought not to have spoken, but by avowing himself in favor of the destruction of the nation. Now, what is the charge against him? That his judgment is that there are but two alternatives — one, the extermination of the enemies of the United States, and the other the destruction of the United States itself, which he puts in the form of a recognition of the southern States as an independent govern- ment. And not resting on that mere declaration of opinion, and the alterna- tive resting in his own mind, he goes further and says that of the two he pre-, ferred the latter. That means, "7, here a Representative, charged and sworn to the extent of my whole influence in the legislation of this House to protect and maintain the integrity of the nation, have come to the conclusion, in the midst of a great war, when the existence of the nation is at stake, that, rather than exterminate the enemies of the nation, I will exterminate the nation." He proclaims himself the friend of the enemies of the nation, and an enemy himself of the United States. He avows it his purpose to destroy it at the first opportunity, to the extent of his vote. The rebel chiefs proclaim independence or extermination the only alternatives. The gentleman from Ohio declares ex- termination or independence the- only alternatives. The rebel chiefs prefer the recognition of their independence to their extermination. The gentleman from Ohio avows himself for recognition and against extermination; and recognition of the southern confederacy means the dissolution of the United States. The Constitution proclaims the perpetuity of the Union; and that Constitution re- cognizes no dissolution, no end of its existence. Sworn to maintain that Con- stitution, he now says: "In violation of a solemn oath, in spite of the duty I am sent here to discharge, rather than maintain it to the extent of exterminating its enemies, I will destroy it." Now, that is the case stated in plain language. It has not been stated here before to-day. And the question which we are bound as gentlemen and as legis- lators to determine is, whether a gentleman, acknowledged to be respectable, be- lieved to be sincere, entertaining and avowing purposes which do not differ from those of the chief of the rebel confederacy, or of the men in armed array beyond the Potomac bent on ejecting us from this Hall, is the fit companion of gentle- men here, a fit depositary of his constituents' vote, a safe person to be intrusted here with the secrets of the United States, a worthy guardian of the existence of the Republic. Are we to be seriously told that the freedom of speech screens a traitor because he puts his treasonable purposes in words! Does the Cousti- tution secure the right of our avowed enemies to vote in this Hall? May a man impudently declare that his purpose here is so to vote as to promote the success of the rebellion, to embarrass and paralize the Government in its sup- pression, to secure its triumph and our overthrow, to bring the armed enemy to Washington, or arrest our army lest it exterminate that enemy? Then why do not. the eoDgress at Richmond adjourn to Washington, push us from our stools, and by parliamentary tactics, under the Constitution, arrest the wheels of Government? You could not expel them? Sir, that picture is history, recent history. In 1860 that side of the House swarmed with the avowed enemies of the Republic. One after one, as their stars dropped from the firmament of the Union, they went out; some with tears in their eyes over the miseries they were about to inflict ; some of them with exultation over the coming; calamities ; some of them with contemptuous lectures to the members in the House; some stayed behind to do the traitor's business in the disguise of honest legislators in both Houses as long as they dared. One disgraced the Senate for one long session after armed men were soaking their native soil with their blood, and now he is in the ranks of our enemies. Are we to be told that gentlemen, entertaining not these opinions but these purposes resolved to the extent of their power to paralize the Government, and only limited in what they can do by what it may be safe to do, must be allowed not merely to be members of the House, but to rise and insolently fling in our faces the avowal of their enemity, and invoke the Constitution of the United States in order that they may stab it to the heart ? Shall men rise here and be allowed 10 express, whether in one form of phraseology or another, as may best aid the public enemy, their desire for the triumph of the rebel cause, and that, being too tender-hearted to wish that the enemies of the United States may be exterminated, they prefer our ruin ? -And is it to be said that that comes within the Sirred shield of the freedom of public opinion, the right of debate, the freedom of speech ? Why, sir, it is not opinion that we complain of. It is not liberty of speech that we wish to restrict. On the contrary, I thank the gentleman [Mr. Long] for his speech, for it revealed an enemy, and an avoved is a more respectable than a concealed foe. He is more frank than the gentl-e- mau from New York, [Mr. Fernando Wood,] who, with similar sentiments, conceals them. He is more manly than that gentleman from New York, who on Saturday rose before the House with a paper in his hand, declaring it to be the identical sheet from which the gentleman from Ohio read, read it flauut- ingly in the face of the House, and declared that he corcurred in every word of it, and that if the House expelled the gentleman from Ohio it must expel him also: — but to.day. frightened by the explosion of the indignation of the House on he head of the gentleman from Maryland, was careful to say that he did not at all agree with the opinions for which the gentleman from Ohio is called in question. Commend me, sir, to an open adversary. 1 can respect the one ; I cannot have so much respect for the other. It is not for the free- dom of the avowal, it is the entertaining the purpose which he does avow ; it is not that he violated the order of the House, it is because he violates the law of the country by his purpose to destroy it, that the gentleman from Ohio is arraigned. We do not punish him for saying what he did, we punish him for meaning what he declared he does mean to do. And that is what we are called upon to do by the highest considerations of public policy, the plainest dictates of patriotic duty. Oh ! but we are told that it touches the lights of his constituents. Let his constituents have an opportunity to pass upon that, after this declaration of purpose. But we must have mutual consideration for each other? Why, cer- tainly, sir. But how far? Is there no end to patience? Is there no avowal showing criminal intent which wisdom requires we ehould guard against before- hand ? What do you suppose would be the fate of a man sitting in the capitol at Richmond who should arise there and propose to recognize the supremacy of the United States ? Do you sup'pose that the freedom of debate which gen- tlemen have enjoyed on this floor would have been tolerated, even if desired by anybody ? • Is it not certain that he would have been expelled, if he lived long enough for the vote of expulsion to be taken? Suppose that in the French Assembly, when the life of France was at stake, as the lite of this natioii is now at stake, and when heroic men were struggling to maintain it, some one had arisen and proposed to call back the Bourbons, and place the reins of fro^ern" gnenfc in their hands — how long would he have remained a member of that bee v ? Suppose that the day before the battle of Culloden, or the day after the battle of Preston Pans, some Jacobite had arisen iu the House os Commons of England and declared himself of the opinion that the. Pretender could not be expelled without the extermination of the Jacobites, and that therefore they should place him on the throne of England! Do you think the traditional liberty of speech in England would have saved him from summary expulsion ? jDo you think there is any law iu England that could have stood between him and, not expulsion, but death. Would not the act have been considered a • ople to receive suggestions from abroad ; when mediation shall appear, by the event, to be the first step toward foreign intervention, swiftly and surely fol- lowed by foreign armed enemies upon our shores to join the domestic enemies; when the war in the cars shall begin, which was menaced at the outbreak of the rebelliou, and the friends of Seymour shall make the streets of New York run with blood, on the eveof another Gettysburg le.-s damaging to their hopes ; when McClellan and Fitz John Porter shall have again brought the rebel arm- ies within sight of Washington city, and the successor of James Buchanan shall ■withdraw our armies from the unconstitutional invasion of Virginia to the north of the Potomac; when exultant rebels shall sweep over the fortifications and their bomb-shells shall crash against the dome of the Capitol ; when thou- sands throughout Pennsylvania shall seek refuge on the shores of Lake Erie from the rebel invasion, cheered and welcomed by the opponents of extermin- ation ; when the people, exhausted by taxation, weary of sacrifices, drained of blood, betrayed by their rulers, deluded by demagogues into believing that peace is the way to union, and submission the path to victory, shall throw down their arms before the advancing foe; when vast chasms across every State shall make apparent to every eye, when too late to remedy it, that divi- sion from the -South is anarchy at the North, and that peace without union is the end of the Republic — tiiex the independence of the South will be an ac- complished fact, and gentlemen may, without treason to the dead Republic, rise in this migratory House, wherever it may then be in America and declare Ives for recognizing their masters at the South rather than exterminating them! Until that day, in the name of the American nation, in the name of every house in the land where there is one dead for the holy cause, in the name of those who stand before us in the ranks of battle, in the name of the liberty our ancestors have confided to us, I devote to eternal execration the name of him who shall propose to destroy this blessed land rather than its enemies. But until that time anive, it is the judgment of the American people there shall be no compromise; that ruin to ourselves or ruin to the southern rebels are the only alternatives. It is only by resolutions of this kind that nations can rise above great dangers and overcome them in crisis like this. It was only by turning France into a camp, resolved that Europe might exterminate, but should not subjugate her, that Fiance is the leading empire of Europe to-day. It ie by such a resolve that the American people, coercing a reluctant Government to draw the sword and stake the national existence on the integ- rity of the Republic, are now anything but the fragments of a nation before the world, the scorn and hiss of every petty tyrant. It is because the people of the United States, rising to the height of the occasion, dedicated this gene- ration to the sword, and pouring out the blood of their children as of no account, and avowing before high Heaven that there should be no end to this conflict but ruin absolute, or absolute triumph, that we are now what we are ; that the banner of tlie Republic, still pointing onward, floats proudly in the face of the enemy, that vast regions are reduced to obedience to the laws, and that a great host in armed array now presses with steady step into the dark regions of the rebellion. It is only by the earnest and abiding resolution of the people that whatever shall be our fate, it shall be grand as the American nation, worthy of that Republic which first trod the path of empire and made no peace but under the banners of victory, that the American people will survive in history. And that will save us. We shall succeed and not fail. I have an abiding con- fidence in the firmness, the patience, the endurance of the American people, and, having vowed to stand in history on the great resolve to accept of nothing but victory or ruin, victory is ours. And if with such heroic resolve we fall, we fall with honor, and transmit the name of liberty committed to our keeping untarnished, to go down to future generations. The historian of our deeline and fall, contemplating the ruins of the last great Republic, and drawing from its fate lessons of wisdom on the waywardness of men, shall drop a tear as he records with sorrow the vain heroism of that people who dedicated and sacri- ficed themselves to the cause of freedom, and, by their example, will keep alive her worship in the hearts of men till hanpier generations shall learn to walk in her paths. Yes, sir, if we must fall, let our last hours be stained by no weak- ness. If we must fall, let us stand amid the crash of the falling Republic and be buried in its ruins, so that history may take note that men lived in the mid- dle of the nineteenth century worthy of a better fate, but chastised by God for the sins of their forefathers. Let the ruins of the Republic remain to test- ify to the lat; st generations our greatness and our heroism. And let Liberty, crownless and childless, sit upon these ruins, crying aloud in a sad wail to the nations of the world, "I nursed and brought up children, and they have re- belled against me." [Great applause on the floor and in the galleries.] LIBRARY OF CONGRt^ 012 027 961 SPEECHES AND DOCUMENTS FOR DISTRIBUTION BY THE UNION CONGRESSIONAL COMMITTEE. Abraham Lincoln — "Slavery and its issues indicated by his Speeches, Letters, Messages, and Proclamations. Hon. Isaac N. Arnold — "Reconstruction ; Liberty the corner-stone and Lincoln the architect." 16 pp. ; $2 per 100. Hon. M. Russel Thayer — " Reconstruction of Rebel States." 16 pp. ; $2 per 100. Hon. James F. Wilson — " A Free Constitution." 16 pp. ; $2 per 100. Hon. Godlove S. Orth — " The Expulsion of Long." 8 pp. ; $1 per 100. Hon. H. Winter Davis — "The Expulsion of Long." 8 pp. ; $1 per 100. Hon. Henry C. Deming — "State Renovation." 8 pp. ; $1 per 100. Hon. James A. 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