The Bay State Monthly. Volume 2, No. 4, January, 1885. Various
its course." Mr. Robinson insisted that "Congress has no right to spend $4,000,000 out of the public treasury immediately without investigating a theory and a plan which proposes to render such an expenditure wholly unnecessary," and he maintained that the greatest possible safe-guards should be provided against any extravagant expenditure on the part of the Government. The relations of New England to such an undertaking he thus broadly stated:
"I am not deterred by any considerations that when the great river is open to commerce to an enlarged extent more freight will go down its bosom and be diverted perhaps from the great cities on the Atlantic shore. I am willing that the whole country shall be improved and opened for its best and most profitable occupation. This territory, whose interests are affected by this, is greater than the whole of New England. I am not afraid that whatever improvements may be made there New England will be left out in the cold. Whatever conduces to the prosperity of the West or South will benefit the East and North. We are parts of one great whole, and, if it is necessary under a proper policy to spend some money from the Treasury of the United States to meet the wants of those States lying along the Mississippi River, I hope it will not be begrudged to them, but it should not be done, and the Government should not be committed, until the plans, have received a careful consideration and the indorsement of the proper officers."
At the third session of the Forty-fifth Congress, Mr. Robinson, from his minor place on the Committee on Expenditures in the Department of Justice, introduced a bill relative to the mileage of United States Marshals, which proposed an important reform.
In the Forty-sixth Congress, at the first session, Mr. Robinson, on account of the marked abilities which he had shown as a lawyer and a debater, was appointed a member of the Judiciary Committee, a position which he held through the Forty-sixth Congress with honor to his district and his State. From the outset of the Forty-sixth Congress Mr. Robinson, to the great surprise of many older members, who were not able to fathom the mystery of the rules, took front rank as a debater on points of order, and showed that his months of silent observation and of earnest study had brought their fruit. His discussion of points of order and of the rules was always characterized by good sense. He did not seek to befog a question by an extensive quotation of authorities. He endeavored to strip the rules of their technicalities and to apply to them the principle of common sense. Sometimes, however, he was almost in despair, and once in the course of an intricate discussion he exclaimed (March 28, 1879): "If there is a standing and clear rule that guides the Chair, I have not yet found it."
At the second session of the Forty-sixth Congress, Western and Southern Democrats united their forces in support of an amendment to the "Culbertson Court bill," which was designed to limit the jurisdiction of the United States courts. Some of the strongest advocates of this amendment were men who, although living in Northern States, were unfriendly to the Union, and who, since the war, have been continuously aggressive in their efforts to place limitations upon national power. Mr. Robinson was a member of the Judiciary Committee and spoke upon the bill. His speech upon this measure attracted more attention than any speech he had delivered before that time. It commanded the undivided attention of the House, which was so interested in it that, although the debate was running in the valuable time of the morning hour, Mr. Robinson, on motion of a Democrat, Mr. Randolph Tucker, after the expiration of his time, was requested to continue. The speech was a powerful, logical, patriotic defence of the federal courts. A few extracts from the general parts of this speech furnish an excellent illustration of the abilities of Mr. Robinson as a debater and orator, as well as of his strong convictions. He spoke as the son of a Jackson Democrat would be likely to speak. He vigorously opposed the increase in the limit from $500 to $2,000 as proposed by the Southern and Western Democrats.
After quoting the opinions of Chief Justices Story and Marshall to show that the right of Congress to establish federal courts could not be denied without defeating the Constitution itself, Mr. Robinson continued: "I say, then, that those constitutional provisions give to the citizens of the different States their rights in the federal courts. I say again, it is not within the constitutional power of Congress to make discriminations as to citizens in this matter. It has been taken as settled that the corporations of the States for purposes of jurisdiction are citizens of the States in which they are created. Can you discriminate? Why, in the famous Dred Scott decision, the Supreme Court did discriminate, and said that a negro was not a citizen within the meaning of the Constitution, nor entitled to sue in the Circuit Court of the United States. The nation paused and held its breath, and never recovered itself until after the bloody strife of the war, when was put into the Constitution that guaranty that no such doctrine should ever be repeated in this country. If Congress can exclude the citizens of a locality, or the citizens of one color, or the citizens of one occupation, or the citizens of certain classes of wealth or industry, surely it can exclude any other citizens. If you can, in this bill and under our Constitution, declare that the citizens, or any portion of them, in this country, because they act in their corporate capacity, shall lose their rights in the federal courts, it is but the next step to legislate that the man who is engaged in rolling iron, or in the manufacture of cotton, or of woolen goods, or is banker, or ’bloated bond-holder,’ shall not have any rights in the federal courts. There is no step between them. There may be a discrimination as to subject-matter, but not as to citizens. The distinction is very broad, and in recognition of it my argument is made." In the discussion of the apportionment at the Forty-sixth Congress, third session, Mr. Robinson eloquently defended the honor of Massachusetts against the aspersions which had been cast upon the Commonwealth by General Butler in his brief as attorney in the Boynton-Loring contest. In the course of the debate Mr. Cox called attention to this brief and suggested that if it were true the representation of Massachusetts should be curtailed. Mr. Robinson entered into an explanation of the reading and writing qualification for suffrage in Massachusetts. As General Butler was the assailant in this case, Mr. Robinson said:
"I propose to show this matter was understood before 1874. Turn to the debates in the Congressional Globe, volume 75, and in 1869 in this House, and within these walls. General Benjamin F. Butler made this speech in reply to an inquiry made by the gentleman from New York, the Chairman of this Census Committee. He says:
"Everybody in Massachusetts can vote irrespective of color who can read and write. The qualification is equal in its justice, and an ignorant white man cannot vote there and a learned negro be excluded; but in the Georgia Legislature there was a white man who could hardly read and write, if at all, voted in because he was white, while a negro who spoke and read two languages was voted out, solely because he was black. It is well that Massachusetts requires her citizens should read and write before being permitted to vote. Almost everybody votes there under that rule, certainly every native-born person of proper age and sex votes there, and there are hundreds and thousands in this country who would thank God continually on their bended knees if it could be provided that voters in the city of New York should be required to read and write. They would then believe Republican government in form and fact far more safe than now."
After exposing the assertions of General Butler, Mr. Robinson concluded as follows:
"For twenty-three years it has been written before the people of that State that to entitle them to vote and hold office they shall first learn to read and write. Near to every man’s dwelling stands a public free school. Education is brought to the door of every man. These school-houses are supported with almost unbounded munificence. Children have been born in that time and have attended school at the public expense, and the general education of the people has been advanced.
* * * I will not take any time in talking about the policy of the law. There are some and many people in the State who do not think it wise to require the prepayment of a poll tax. People differ about that. Some time or other that may be changed; but for sixty years it has been the law, and it so remains. Looking into the Constitution and the laws of the sister States of Virginia and Georgia and Delaware and Pennsylvania we find similar provisions of the same antiquity justified by the communities that have adopted such legislation. And we say to all the States we leave to you those questions of policy, and we commend them to your judgment and careful consideration. Does any one claim that representation should be reduced because of insanity or idiocy, or because of convicts? Does any one claim that all laws requiring residence and registration should be done away? And yet they are on the same line, on the same principle. There is not one of these prerequsites,