Senator Doolittle called at my house last evening on the subject of the Civil Rights Bill, which it is now well understood, outside, will meet an Executive veto. Doolittle has an elaborate bill of his own which he proposes to submit. Something, he thinks, must be done. His bill is, perhaps, somewhat less offensive than the one which has been passed by both houses, but the whole thing is wrong and his plan has the same objectionable machinery as the other. I frankly told him that the kind of legislation proposed, and which Congress was greedy to enact, was not in my view correct, was sapping the foundation of the government and must be calamitous in its results. We went together to Senator Morgan's and talked over the subject an hour or more with him.
The President convened the Cabinet this A.M. at ten and read his message returning the Civil Rights Bill with his veto. Before reading it he desired the members to express their opinions. Seward said he had carefully studied the bill and thought it might be well to pass a law declaring negroes were citizens, because there had been some questions raised on that point, though there never was a doubt in his own mind. The rest of the bill he considered unconstitutional in many respects, and having the mischievous machinery of the Fugitive Slave Law did not help commend it.
McCulloch waived remark; had not closely scrutinized the bill, and would defer comment to Stanton, merely remarking that he should be gratified if the President could see his way clear to sign the bill.
Stanton made a long argument, showing that he had devoted much time to the bill. His principal point was to overcome the obnoxious features of the second section, which he thought should be construed favorably. He did not think judges and marshals, or sheriffs and local officers should be fined and imprisoned; did not think it was intended to apply to officers, but merely to persons. The bill was not such a one as he would have drawn or recommended, but he advised that under the circumstances it should be approved.
The President having previously been put in possession of my views, I briefly remarked that my objections were against the whole design, purpose, and scope of the bill, that it was mischievous and subversive.
Mr. Dennison thought that, though there might be some objection to parts, he, on the whole, would advise that the bill should receive Executive approval.
Mr. Harlan had not closely read the bill, but had met difficulties in the second section, and in one or two others which had been measurably removed by Stanton's argument. He thought it very desirable that the President and Congress should act in concert if possible.
Speed was ill and not present.
The Senate to-day deprived Stockton of New Jersey of his seat. It was a high-handed, partisan proceeding, in which Sumner, Fessenden, Morrill, and others exhibited a spirit and feeling wholly unworthy of their official position. While I have no special regard for Stockton and his party in New Jersey, I am compelled to believe they have in this instance certainly been improperly treated and for a factious purpose, and I apprehend that I can never think so well of some of the gentlemen who have been conspicuous in this proceeding. Had Stockton acted with Sumner and Fessenden against the veto, he never would have been ousted from his seat. Of this I have no doubt whatever, and I am ashamed to confess it, or say it. I am passing no judgment on his election, for I know not the exact facts, but the indecent, unfair, arbitrary conduct of the few master spirits is most reprehensible.
SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 463-5
No comments:
Post a Comment