Mr. SUMNER. Mr. President, since Henry Clay left this Chamber by the gate of death no Senator has passed that way, crowned with the same honorable years as Mr. COLLAMBR nor has any Senator passed that way, whose departure created such a blank in the public councils, unless we except Mr. Douglas. He was our most venerable associate; but his place here had not shrunk with time. He was when we last saw him, as important to our debates and to our conclusions as he had ever been. He still possessed all those peculiar powers of argument and illustration, seasoned With a NewEngland salt, which he had from the beginning. He was not so old, that he was not often the life of the bod. “lben he came into the Senate, it was after long and various experience as lawyer, judge, Representative in the other House, member of the Cabinet and then again as judge, in all which characters he had been single, ure, honest, faithful, and laborious. Though little of a trav eler, he had seen much. e had also read much, and he had done much. But all the results of observation, study, and action had so passed into his nature as to become a part of himself. If he expressed an opinion even on law, it seemed to come from himself, and not from books. He was the authoritv and yet he was fond of books, whether in his own profession, or in other depts of study. His fidelity assumodt 1Oform of accuracy in all that he said or did. He spoke accurately, and he was especially accurate with his pen. Perhaps nobody was after in the style or language of legislation. e was an excellent draughts man, although, without doubt, too professional for a taste not exclusively professional,indul ging in traditional phrases and those favorite superfluities of the lawyer, said and aforesaid. The great set of July 18, 1861, which have to the war for the supression of the rebelion its 1st congressional sanction, and invested the President with new powers, was drawn by him. It was he that set in motion the great ban, not. yet lifted, by which the rebel States were shut out from the communion of the Union. This is a landmark in our history, and it might properly be known by the name of its author, as Collamers statute.” All who ever sat with him in the committee room will long remember the carcfuluess with which he gave his counsels and the completeness with which he explained them. Perhaps his wisdom and facility in business were nowhere more manifest. I seize this occasion to confess most gratefully my owa personal obligations to him in this interesting relation. The same character which appeared in the committeeroom showed itself in conversation enlivened by a constant humor. He too had his “little story” for illustration; butinthis respect he differed from the late Presidentas one of his own Vermont mountains differs from an outstretched and laughing prairie of the West. In manner he was Socratic. The curious observer, fond of tracin resemblances, might say, (that in his head, an even in his general appearance, he was not unlike the received im of Socrates; while his colloquial powers might recall Socrates again, as he rs pictured by the affectionate Xenophon, “hand in all who conversed with him just as he please.” He had also the same antique simplicity, and I doubt not he would have followed the wise man of Athens barefoot in the waters of the Ilissus. I would not push this resemblance too far, and I use it only for illustration and not for parallel and yet as I bring tomind our departe friend, he seems to assume this classica form. Call him, then, if you please, the Green Mountain Socrates. Debate, except on the highest occasions, is only conversation in public. With him it was conversation always. He spoke, as he conversed, with the same ith and, humor, and with the same facility. But s facility did not tempt him. In this gilded amphitheater, where the speaker is sacrificed to the galleries, as of old the gladiator was sacrificed to make a Roman holi y, he declined all display, and simply conversed, and such was the desire to hear him that we gathered near to catch his words. He was not a frequent speaker, and he never spoke except when e h something to say; nor did he speak for effect abroad, but only for effect in the debate. Of course, he was too honest and too considerate of the Senate, to speak without the preparation of reflection and study. “Though at times earnest, he was never bitter. "He never dropped into the debate any poisoned in edients. omctimes he spoke with much effect, especially onmatters of law or finance or business. On the great question which for a Generation overshadowe all others, and finally wrapped the country in the “living cloud of war, he was sincerely antislave, but with certain shortcomings, which, in this impartial tribute, ought not to be concealed. His lenity toward our monster enemy showed itself unconsciously whon he poke of malignant rebels as “those southern gentlemen who had seceded;” and then a in when at an earlier date he oke of “two civilizations, ” but he bore Thin y the reply that civilization was only on one side and yet. on 2 occasions in this Chamber he strove for the right very bravely, so that his position was historic. One of these was many years ago, shortly after he camcinto the Senate. The other was only last year. The historian and the biographer wrll describe these scenes. One of them is the fit subject of art. The earliest of these occasions was when, under the influence of the President of that day, backed by JeffersonDavis in the Cabinet, an illegal government was set up in a distant "Territory, which, in defiance of the people there, proceeded to institute an infamous Black Code borrowed from slavery. The President countenanced the illegal government and smiled upon the Black Code. The representatives o slavery in both Houses of Congress, with their northern allies, indifferent to human rights and greedy only of political power sustained the President in his disregard of that fundamental principle of the DeclarIndep, that “ government stands on the consent of the governed.” The contest was unequal. On the one side was a struggling peole, insulted and despoiled of their r1 hts; on the other side was the President with a lthe vast powers of this Republic, with patronage less an new but very prevailing, and with a great political party which gave to him an unhesitatrng slipport. The contest reached this Chamber. Naturally it came before the ComTerritor, where happily the good cause was represented by Jsoon COLLAMEB of Vermont. 1 9 interest increased with each day, and when the committee reported, ascene ensued without example among us. The reports of committees are usually handed in and ordered to be printed; but now at the call of a Senfrom SCarolina the report of the committee, whitewashing ineredible outrages, was read by the chairman at the desk of the SecyS. The chairman left his seat. for this purpose, and stood face to face with the Senate. For 2 hours the apolo for that usurpation, which had fastened a Blue Code upon an ine ffensive people, sounded in this Chamber while the partisans of slavery gloated over c seemin triumph. There was a bush of silence, and there was sadness also with some who saw clearly the unpardonable turpitude of the sacrifice. Mr. COLLAMBR followed with a minorit report, signed by himself alone, which he read at the dos of the Secretary, stand in face to face with the Senate. Jesse D. Bfie it was at. the time our President, but he had installed in the chair on that momentous occasion none other than that most determined artificer of treason and drillso eant of the rebellion, John Slidell, who sat be rind, like Mcphistophelcs looking over the shoulder of Truth, while the patriot Senator standing before gravely unfolded the enormities which had been perpetrated. Few who were present then now remain; but none who were present then can fail to recall the scene. The report which Mr. Cornsuna read belongs to the historyof the country. But the scene comes cloarlywith in the domain of art. In the long life of our departed friend it was his brihtest and most glorious moment, beyond anyting of honor or power whether in the Cabinet or on the bench. her what is office corn ared to the riccless opportunity, nobly emp oyed, of stan ng as a buttress for human rights? The other signal occasion, when he showed much of the same character and was surely inspired by the same sentiment, was during the last year, when the illustrious President, who now slcc s in immortality, undertook, in disre gard of congress and solely by executive power, to institute civil governments throughout that region of the Union where civil governments had been overthrownimitating in the agencies be employed the Cromwellian system of rulin by “ major generals.” The case of distantan oppressed ansas was revived. Who can for get the awakened leoninc energy of the aged Senator, when contra to his custom, he interrupted another in deate to declare his judgment against the power of the President to institute permanent civil governments “ to last beyond the war.” The dividing line was clear. The President might exercise a temporary military power; but Congress must lay the foundations of permanent peace. This simple principle was, of course, only the corollary of that rule of Jefferson, which has become one of the commonplaces of our political system, asserting “the supremacy of the civil over the military authority.” The eggs of crocodiles can produce only crocodiles, and it is not easy to see how the eggs laid by military power can be hatched into an American State. This interjected judgment was afterward developed in a speech, which, for sententious wisdom and soil sense, is, perhaps, the best he ever delivered. It is not long, but, like the RO man sword, it is effective from its very short ness. He spoke with the authority of years, but he spoke also with another peculiar authority, for it was he who drew the act of congress which placed the rebel States under the an. Positively, earnestly, and most persuasively he insisted that Congress should not abdicate its control of this question. His conclusion was repeated again and again. It was for Congress he said, to say when that state of things existed which would entitle the rebel States to perform their functions as late ral arts of the Union. It was for Congress to decide this question, and not for the President, except so far as the president unites in an act of Congress by his si na ture and he asked, “When will and whon ought Congress to admit these States as being Judge Cormsa, not only in in their normal condition?” To which he answers, “It is not enough that they hostility and are repentant. They should pre sent fruits meet for repentance. They should furnish to us by their actions some evidence that the condition of loyalty and obedience is their true condition again, and Congress must pass upon it; otherwise we have no securities and I insist that. the President by making1 peace with them, if you please, by surceasing military operations does not alter their status until Congress passes 11 on it.” Then again filled with the thought, a exclaims “The great essential thing now to insist upon is that Congress shall do nothing which can in any way create a doubt about our power over the subject.” and still plead in against executiva interference, he says, “I be icve that when ree stablishing the condition of peace with that peole, Congress, representing the U.S., as power in ending this war as any other war to get some security for the future. It would be a strange thing if it were not true that this nation in ending a civil as well as a foreign war could close it and make peace by obtaining, if not indemnity for the past, at least some security or future peace.” This was the last speech o our patriot Senator. It is his dying legacy to his country. Let all, from President to citizen, heed its words. The as iration so often expressed today that he had ived to take art in the restoration of the rebel States is fulhlled. He lives in his declared opinions, which are now echoed from the tomb. Say not that I err because here, at his funeral, seeking to do him honor, I exhibit him bravely standing face to face with executive pow cr, wielded by a President who was instigated by JeffersonDavis, and then again bravely standing face to face with executive power, wielded by the gentle hand of Abraham Lincoln. In the 1st case it was to save an outraged people; in the other case, it was to vindicate the powers of the people of the U.S. in Congress assembled to provide guarantees and safeguards against that wickedness and perjury which had deluged his beloved country with lood. Say not that I err, because now, at his funeral, anxious that his best actions should not be for gotten Icommemorate this championship. He is dea, but the good he has done cannot die and hereafter faithful Senators, struggling with executive power will catch a new inspiration from his examp e. A bishop of the church tells us that “all is not lost while there is a man left to reprove error and bear testimony to the truth, and the man who does it with becoming spirit may stop a Prince or Senate in full career and recover the day.” But where this spirit has been shown where an honored associate has earned this title to fameI insist that it shall be made known. The battles oi regiments are inscribed on their colors. I now inscribe on the colors of Jason Comm the civic battles which he fought. Swords of honor are placed on the coffins of lamented generals. I now place on the coilin of a lamented Senator the simple truthful record of his acts.,