Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-06-12
SPEECH OF SENATOR HAMPTON.
IN THE U. s. SENATE, JUNE 5.

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IN THE U. s. SENATE, JUNE 5.
The bill to repeal sections 820 and 821 of the
Revised Statutes of the United States, rela-
tive to jurors in the United States Courts be-
ing under consideration, Mr.. Hampton said !:
Mr.. President, I beg to acknowledge my
obligations to the Senator from Delaware Mr..
Bayard1 for the courtesy which enables me to
submit a few remarks to the Senate; and in
taking up the bill which he has laid before the
Senate, do not propose to discuss it special
~. 1 rather prefer to make general remarks
upon the subjects which have been under dis
cussion during this session.
The main reason why l do not desire to
speak particularly to this bill. is that l can
hardly suppose that there is a Senator on this
floor who will object to it's passage, for it
strikes from the statute-boOk one of the most
Infamous laws which have ever disgraced leg
islation. 1t is simply to strike off law which
was placed there, if not by mistake, by fraud,
and therefore do not feel that it is necessary
for me to enter into the discussion further
than simply to give an illustration Of how the
present law can be used to tyrannize over the
people of the country.
In the recent trials in the United States Cir
cult court at Charleston, a short time ago,
Jury was summoned One of the judges who
was on the bench could not take the test oath.
The district attorney had been in the Confed-
crate army; the assistant attorney had like
wise been in that army. They of course could
not take the test oath. And yet when the ju-
rors were brought up every democrat had that
oath applied to him, while all men who were
not democrats, men who had served through
the whole war, if they were republicans, were
allowed to take their places upon that jury
tho ofh mic fn fhpm
| think it is not necessary to say anything
more to show the impropriety, to say the least,
of allowing law of that sort to stand.
There are many reasons which make me re-
luctant to obtrude my views on the Senate at
this time. I recognize fully the propriety of
that unwritten rule of the Senate which i'm
poses silence upon the new and inexperienced
members of this body until they have become
familiar, by association, with the experience OF
their older and wiser colleagues. The physi-
cal disability under which labor not only
makes all exertion painful to me, but units
me to do justice either to the great questions
now pending or to myself, and cannot, there
fore, address the Senate at length. Nor is it
necessary to do so. Argument, rhetoric, in
vective, and denunciation have been exhaust
ed by our opponents, and can scarcely hope
that any utterances of mine will allay the
prejudices which have been aroused, or carry
conviction to the minds Of the people.
These are potent reasons to enforce my 81
lence, ana under ordinary circumstances l
should have adhered to my determination to
take no part in the debates of this session.
But the subjects which have engaged the at
tention of Congress and Of the country during
the present session are. not of ordinary lmpor-
tance, and the tone and temper Of the debate,
which has been prolonged through weeks Of
vehement and angry denunciation, impose up
on the representatives of the South at least
the duty of honest protest. Against my wish
es, therefore, and under every disadvantage
imposed upon me by my physical condition,
I must, as one of those representatives, ask
the indulgence Of the Senate while place up
on record my earnest protest against the un-
fairness with which we have been treated.
The PRESIDENT pro tenlpore. The Chair
would state to the Senator from South Carroll
ma that if at any time it would be more con-
.venient to him to speak sitting, he is at per-
feet liberty to do so.
Mr.. HAMPTON. thank you, sir
Day after day we have listened while Sena-
tors of great reputation, high ability, and
whose words are the creed of thousands OF con-
scientious and patriotic citizens, have de-
nounced the opinions and the actions of south
ern men as revolutionary and reasonable. 1t
has been declared that the democratic caucus
rules the Senate and that the southern men,
bers rule the caucus, debating the policy to
be pursued. The able and distinguished Sen
ator from Ohio (Mr. Thurman) with equal
truth, justice, and candor has, it is true, met
and refuted that charge by assuming for the
northern and western democracy the RESPONSE
bility of the present political situation. But
in spite of this generous assumption OF re-
L. on
that we of the South do make the democratic
majority in this Chamber, and we are thus as
responsible for what we approve and support
as for what we suggest. l have not the pre-
sumption to make any claim to leadership here,
but while not attempting. to lead, it is my
duty to know where and whom I follow, and
for any vote which 1 may cast here l shall
never endeavor to shield myself from RESPONSE
bility behind any man or any party. II the
policy I support is revolutionary, am the
revolutionist; if there is treason in my vote,
I am the traitor.
But, sir, ask in all seriousness what are the
issues before the Senate to which such Ian
guage is appropriate? I might demand of
Senators on the other side the proof that any
action of ours was revolutionary. l might
open the Constitution and reading its pre-
else and emphatic definition of treason, ask
who of us is ''levying war against the United
States or giving aid and comfort to their ene-
mies,' or what overt act of violence we are
proposing to commit But I do not desire
to make a mere technical argument. desire
to meet the accusation in it's spirit as we'll as
in it's letter. What are the issues before usp
Let us understand them distinctly. But first
let me say what are not the issues we are dis
cussing. To me there is no question, there
can be none, as to the prOpriety Of making the
appropriations necessary for the support of the
Government in all it's departments. Upon this
point there shall be no misapprehensiOn OF my
position. BY no vote of mine will the apprO-
priations necessary for the efficient mainten-
ance of the Army be refused. 1t is competent
for Congress to declare under what limitations
and upon what conditions the appropriation
is to be made. The form in which this Is done
regard as immaterial. In my judgment it
would have been best to adhere to the usual
form but as it has been deenfed advisable to
make the necessary appropriations in another
manner, shall, in order to secure unanmity,
acquiesce in the decision Of the majority
But in no event can consent to aid in disband-
ing the Army or impairing its efficiency 1t
is the army of the South as well as OF the
North it is the Army of the whole country
In it's history, from the days of the Revolution,
through it's achievements of 1872 and the glo-
ries of the Mexican war, have some reason,
by right of birth and blood to be proud. In
the late civil contest, on many bloody field,
l tested it's valor, and no word nor act Of mine
shall depreciate it's value or lessen it's useful
ness. But because so regard it, no act of
mine shall tend to degrade it's rank and file
into police squad nor convert its officers into
detectives. will not so legislate that against
it's own honorable instincts and traditions it
shall be the instrument of tyranny in the
hands of factious party or of an executive
who might be so unscrupulous as to use it
unlawfully. Nor shall I consent, because of