Abolish,” “modify,” “control,” “supersede.” To argue against their plain meaning is simply ridiculous.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
To insist that the existing government is beyond the reach of Congress, to be extended or abridged, to be recognized or superseded in its discretion, is preposterous.
As well question that the sun shines or the river flows.
Congress has the power to protect republican institutions in Georgia, and to protect the good people there; and it has the further power to superintend the work of Reconstruction to the end.
No excuse of State Rights, no fine-spun technicality, no plea of irregularity, no argument of “estoppel” can be heard.
Georgia must be saved to herself and to the Union, and Congress must supply the means.
Georgia may be remanded for an indefinite period to a condition like that of the Territories, subordinate in all respects to the jurisdiction of Congress, which may meanwhile mould it into loyalty and order.
Or the State may be subjected to a military government, until such time as it is fit in every respect for self-government.
Or the existing provisional government may be invested with the powers of the State, in such form and way and for such term as Congress in its discretion shall think best.
I am satisfied that it is the least Congress can do in the exigency.
The fund in question cannot be regarded as a charity or largess for the gratification of “disappointed claimants,” nor would it be proper for the United States to play such a generous part at the expense of China.
If it be true that the surplus belongs to China, or that it is hers in equity, it will be difficult to defend any proposition to return the amount indirectly, as in a college or buildings for the accommodation of the United States on…
If returned at all, it must be directly, and in the form of money.
What right have we to determine how to expend in China or for China that which is hers?
To do so would not be generous, even if it were just.
No instruction was ever given to any Minister authorizing him to tender a return of the surplus, or even to sound the Chinese Government on the question of receiving it, if tendered.
In fact, no power exists in the State Department to authorize such a tender.
Such an act could proceed only from Congress, which has never acted on the subject.
But while the importance of doing equity always is a paramount duty, the Committee feel that there is something in the negotiation under which this surplus accrued which should make us particularly careful lest we fail to do equity.
It will be observed that the sum received from China was on account of certain claims of our citizens, and that it was in no sense a national indemnity; in other words, the consideration was specific, and not general in character.
The preamble of the convention recites that it was entered into “for the satisfaction of claims of American citizens,”--thus expressly excluding any other consideration.
Such a rule, if applied in the intercourse of nations, would invalidate most of those conventions after war or menace by which one power has assumed obligations to another, and, indeed, would strike at war and menace as modes of pursuing a…
And this brings the Committee to the conclusion, that, in equity, this fund does not belong to us.
Whatever may be our technical title, in conscience the money is not ours.
In returning to China the fund in question and its accretions, the United States will relieve themselves of an embarrassing trust, while they render unto the distant Cæsar what is his own, and set an example by which republican…





