CHAPTER I.

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[Illustration: Hon. Schuyler Colfax.]

HISTORY

OF THE

THIRTY-NINTH CONGRESS

OF THE

UNITED STATES.

By WILLIAM H. BARNES, A.M.,

AUTHOR OF "THE BODY POLITIC."

_WITH PORTRAITS._

NEW YORK:

HARPER & BROTHERS, PUBLISHERS,

327 TO 335 PEARL STREET.

1868.

Entered, according to Act of Congress, in the year 1868, by

WILLIAM H. BARNES,

In the Clerk's Office of the District Court of the United States

for the District of Columbia.

PREFACE.

The history of the Thirty-Ninth Congress is a sequel to that of the

Rebellion. This having been overthrown, it remained for Congress to

administer upon its effects. It depended upon the decisions of

Congress whether the expected results of our victories should be

realized or lost.

Now that the work of the Thirty-Ninth Congress stands forth complete,

people naturally desire to know something of the manner in which the

rough material was shaped into order, and the workmanship by which the

whole was "fitly joined together." It can not be said of this fabric

of legislation that it went up without "the sound of the hammer." The

rap of the gavel was often heard enforcing order or limiting the

length of speeches.

Discussion is the process by which legislation is achieved; hence no

history of legislation would be complete without presenting the

progress of debate preparatory to the adoption of important measures.

The explanation of what our legislators did is found in what they

said. Debates, as presented in the following pages, are by necessity

much abridged. No attempt has been made to give a summary or synopsis

of speeches. That which seemed to be the most striking or

characteristic passage in a speech is given, in the words of the

orator.

Many things said and done in the Thirty-Ninth Congress, of great

importance to the nation, are by necessity omitted. The reader, in

forming his opinion of Congressional character and ability, will bear

in mind that those who speak most frequently are not always the most

useful legislators. Men from whom no quotation is made, and to whom no

measure is attributed in the following pages, may be among the

foremost in watchfulness for their constituents, and faithfulness to

the country.

If it should seem that one subject -- the negro question -- occupied

too much of the time and attention of Congress, it must be borne in

mind that this subject was thrust upon Congress and the country by the

issue of the Rebellion, and must be definitely and finally settled

before the nation can be at rest. "Unsettled questions have no pity on

the repose of mankind."

No attempt has been made to present a journal of Congressional

proceedings, giving a detail of what was said and done from day to day

in the Senate and the House. There was always some great national

question under consideration in one or the other House, forming an

uninterrupted series of discussions and transactions. To present these

in review is to give a history of the Thirty-Ninth Congress, since

they distinguish it from all its predecessors, and make it historical.

CONTENTS.

CHAPTER I.--Opening Scenes.

(Page 13-21.)

Momentous Events of the Vacation -- Opening of the Senate --

Mr. Wade -- Mr. Sumner -- Mr. Wilson -- Mr. Harris -- Edward

McPherson -- As Clerk of the preceding Congress, he calls

the House to order -- Interruption of Roll-call by Mr.

Maynard -- Remarks by Mr. Brooks -- His Colloquy with Mr.

Stevens -- Mr. Colfax elected Speaker -- His Inaugural

Address -- The Test Oath.

CHAPTER II.--Locations of the Members and Cast of the Committees.

(Page 22-32.)

Importance of surroundings -- Members sometimes referred to

by their seats -- Senator Andrew Johnson -- Seating of the

Senators -- Drawing in the House -- The Senate Chamber as

seen from the Gallery -- Distinguished Senators -- The House

of Representatives -- Some prominent characters --

Importance of Committees -- Difficulty in their appointment

-- Important Senate Committees -- Committees of the House.

CHAPTER III.--Formation of the Joint Committee on Reconstruction.

(Page 33-49.)

Lack of Excitement -- Cause -- The Resolution -- Dilatory

Motions -- Yeas and Nays -- Proposed Amendments in the

Senate -- Debate in the Senate -- Mr. Howard -- Mr. Anthony

-- Mr. Doolittle -- Mr. Fessenden -- Mr. Saulsbury -- Mr.

Hendricks -- Mr. Trumbull -- Mr. Guthrie -- Passage of the

Resolution in the Senate -- Yeas and Nays -- Remarks of Mr.

Stevens on the Amendment of the Senate -- Concurrence of the

House -- The Committee appointed.

CHAPTER IV.--Suffrage in the District of Columbia.

(Page 50-94.)

Duty of Congress to Legislate for the District of Columbia

-- Suffrage Bill introduced into the House -- Speech by Mr.

Wilson -- Mr. Boyer -- Mr. Schofield -- Mr. Kelly -- Mr.

Rogers -- Mr. Farnsworth -- Mr. Davis -- Mr. Chanler -- Mr.

Bingham -- Mr. Grinnell -- Mr. Kasson -- Mr. Julian -- Mr.

Thomas -- Mr. Darling -- Mr. Hale's Amendment -- Mr. Thayer

-- Mr. Van Horn -- Mr. Clarke -- Mr. Johnson -- Mr.

Boutwell.

CHAPTER V.--The Freedmen.

(Page 95-103.)

Necessities of the Freedmen -- Committee in the House --

Early Movement by the Senate in behalf of Freedmen --

Senator Wilson's Bill -- Occasion for it -- Mr. Cowan Moves

its reference -- Mr. Reverdy Johnson advises deliberation --

A Question of time With Mr. Sherman -- Mr. Trumbull promises

a more efficient Bill -- Mr. Sumner presents proof of the

bad condition of affairs in the South -- Mr. Cowan and Mr.

Stewart produce the President as a Witness for the Defense

-- Mr. Wilson on the Testimony -- "Conservatism" -- The Bill

absorbed in greater measures.

CHAPTER VI.--The Freedmen's Bureau Bill in the Senate.

(Page 104-137.)

The Bill introduced and referred to Judiciary Committee --

Its provisions -- Argument of Mr. Hendricks against it --

Reply of Mr. Trumbull -- Mr. Cowan's Amendment -- Mr.

Guthrie wishes to relieve Kentucky from the operation of the

bill -- Mr. Creswell desires that Maryland may enjoy the

benefits of the bill -- Mr. Cowan's Gratitude to God and

Friendship for the Negro -- Remarks by Mr. Wilson -- "The

short gentleman's long speech" -- Yeas and Nays -- Insulting

title.

CHAPTER VII.--The Freedmen's Bureau Bill in the House.

(Page 138-157.)

The Bill Reported To the House -- Mr. Eliot's Speech --

History -- Mr. Dawson Vs. the Negro -- Mr. Garfield -- The

Idol Broken -- Mr. Taylor Counts the Cost -- Mr. Donnelly's

Amendment -- Mr. Kerr -- Mr. Marshall On White Slavery --

Mr. Hubbard -- Mr. Moulton -- Opposition From Kentucky --

Mr. Ritter -- Mr. Rosseau's Threat -- Mr. Shanklin's Gloomy

Prospect -- Mr. Trimble's Appeal -- Mr. Mckee an Exceptional

Kentuckian -- Mr. Grinnell on Kentucky -- The Example of

Russia -- Mr. Phelps -- Mr. Shellabarger's Amendment -- Mr.

Chanler -- Mr. Stevens' Amendments -- Mr. Eliot Closes the

Discussion -- Passage of The Bill -- Yeas and Nays.

CHAPTER VIII.--The Senate and the Veto Message.

(Page 158-187.)

Mr. Trumbull on the Amendments of the House -- Mr. Guthrie

exhibits feeling -- Mr. Sherman's deliberate Conclusion --

Mr. Henderson's sovereign remedy -- Mr. Trumbull on patent

medicines -- Mr. Mcdougall a white Man -- Mr. Reverdy

Johnson on the power to pass the Bill -- Concurrence of the

House -- The Veto Message -- Mr. Lane, of Kansas -- His

efforts for delay -- Mr. Garrett Davis -- Mr. Trumbull's

reply to the President -- The Question taken -- Yeas and

Nays -- Failure of passage.

CHAPTER IX.--The Civil Rights Bill in the Senate.

(Page 188-219.)

Duty of Congress consequent upon the Abolition of Slavery --

Civil Rights Bill introduced -- Reference to Judiciary

Committee -- Before the Senate -- Speech By Mr. Trumbull --

Mr. Saulsbury -- Mr. van Winkle -- Mr. Cowan -- Mr. Howard

-- Mr. Johnson -- Mr. Davis -- Conversations with Mr.

Trumbull and Mr. Clark -- Reply of Mr. Johnson -- Remarks by

Mr. Morrill -- Mr. Davis "wound Up" -- Mr. Guthrie's Speech

-- Mr. Hendricks -- Reply of Mr. Lane -- Mr. Wilson -- Mr.

Trumbull's closing remarks -- Yeas And Nays on the passage

of the Bill.

CHAPTER X.--The Civil Rights Bill in the House of Representatives.

(Page 220-244.)

The Bill referred to the Judiciary Committee and reported

back -- Speech by the Chairman of the Committee -- Mr.

Rogers -- Mr. Cook -- Mr. Thayer -- Mr. Eldridge -- Mr.

Thornton -- Mr. Windom -- Mr. Shellabarger -- Mr. Broomall

-- Mr. Raymond -- Mr. Delano -- Mr. Kerr -- Amendment by Mr.

Bingham -- His Speech -- Reply by his Colleague --

Discussion closed by Mr. Wilson -- Yeas and Nays on the

passage of the Bill -- Mr. Le Blond's proposed title --

Amendments of the House accepted by the Senate.

CHAPTER XI.--The Civil Rights Bill and the Veto.

(Page 245-293.)

Doubts as to the President's Decision -- Suspense ended --

The Veto Message -- Mr. Trumbull's Answer -- Mr. Reverdy

Johnson defends the Message -- Rejoinder -- Remarks of Mr.

Yates -- Mr. Cowan appeals to the Country -- Mr. Stewart

shows how States may make the Law a Nullity -- Mr. Wade --

Mr. McDougall on Persian Mythology -- Mr. J. H. Lane defends

the President -- Mr. Wade -- The President's Collar -- Mr.

Brown -- Mr. Doolittle -- Mr. Garrett Davis -- Mr. Saulsbury

-- Yeas And Nays in the Senate -- Vote in the House -- The

Civil Rights Bill becomes a Law.

CHAPTER XII.--The Second Freedmen's Bureau Bill becomes a Law.

(Page 294-306.)

The Discovery of the Majority -- The Senate Bill -- The

House Bill -- Its Provisions -- Passage of the Bill --

Amendment and Passage in the Senate -- Committee of

Conference -- The Amendments as Accepted -- The Bill as

Passed -- The Veto -- The Proposition of a Democrat accepted

-- Confusion in Leadership -- Passage of the Bill over The

Veto -- It Becomes a Law.

CHAPTER XIII.--First Words on Reconstruction.

(Page 307-323.)

Responsibility of the Republican Party -- Its Power and

Position -- Initiatory Step -- Mr. Stevens speaks for

himself -- Condition of the Rebel States -- Constitutional

Authority under which Congress should act -- Estoppel --

What Constitutes Congress -- The First Duty -- Basis of

Representation -- Duty on exports -- Two Important

Principles -- Mr. Raymond's Theory -- Rebel States still in

the Union -- Consequences of the Radical Theory --

Conditions to be required -- State Sovereignty -- Rebel Debt

-- Prohibition of Slavery -- Two Policies contrasted --

Reply of Mr. Jenckes -- Difference in Terms, not in

Substance -- Logic of the Conservatives leads to the Results

of the Radicals.

CHAPTER XIV.--The Basis of Representation in the House.

(Page 324-372.)

First work of the Joint Committee -- The Joint Resolution

proposing a Constitutional Amendment -- Mr. Stevens' reasons

for speedy action -- Protracted Discussion Commenced --

Objections to the Bill by Mr. Rogers -- Defense by Mr.

Conkling -- Two other Modes -- How States might Evade the

Law -- Not a Finality -- Wisconsin and South Carolina --

Amendment for Female Suffrage proposed -- Orth on Indiana

and Massachusetts -- Obscuration of the Sun -- More Radical

Remedy desired -- A Kentuckian gratified -- Citations from

the Census -- Premium for Treason -- White Slaves -- Power

to amend well-nigh exhausted -- Objections to the Suffrage

Basis -- "Race" and "Color" ambiguous -- Condition of the

Question -- Recommitted -- Final Passage.

CHAPTER XV.--The Basis of Representation in the Senate.

(Page 373-414.)

The Joint Resolution goes to the Senate --

Counter-proposition by Mr. Sumner -- He Speaks Five Hours --

Mr. Henderson's Amendment -- Mr. Fessenden -- Mr. Henry S.

Lane -- Mr. Johnson -- Mr. Henderson -- Mr. Clark's

Historical Statements -- Fred. Douglass' Memorial -- Mr.

Williams -- Mr. Hendricks -- Mr. Chandler's "blood-letting

Letter" -- Proposition of Mr. Yates -- His Speech -- Mr.

Buckalew against New England -- Mr. Pomeroy -- Mr. Sumner's

second Speech -- Mr. Doolittle -- Mr. Morrill -- Mr.

Fessenden meets Objections -- Final Vote -- The Amendment

defeated.

CHAPTER XVI.--Representation of the Southern States.

(Page 417-433.)

Concurrent Resolution -- A "Venomous Fight" -- Passage in

the House -- The Resolution in the Senate -- "A Political

Wrangle" deprecated -- Importance of the Question -- "A

Straw in a Storm" -- Policy of the President -- Conversation

between two Senators -- Mr. Nye's Advice to Rebels -- "A

Dangerous Power" -- "Was Mr. Wade once a Secessionist?" --

Garrett Davis' Programme for the President -- "Useless yet

Mischievous" -- The Great Question Settled.

CHAPTER XVII.--The Reconstruction Amendment in the House.

(Page 434-451.)

A Constitutional Amendment proposed and postponed --

Proposition by Mr. Stewart -- The Reconstruction Amendment

-- Death of its Predecessor lamented -- Opposition to the

Disfranchisement of Rebels -- "The Unrepentent Thirty-three"

-- Nine-tenths Reduced to One-twelfth -- Advice to Congress

-- The Committee denounced -- Democratic and Republican

Policy compared -- Authority without Power -- A Variety of

Opinions -- An Earthquake predicted -- The Joint Resolution

passes the House.

CHAPTER XVIII.--The Reconstruction Amendment in the Senate.

(Page 452-455.)

Difference between Discussions in the House and in the

Senate -- Mr. Sumner proposes to postpone -- Mr. Howard

takes Charge of the Amendment -- Substitutes proposed -- The

Republicans in Council -- The Disfranchising Clause stricken

out -- Humorous Account by Mr. Hendricks -- The Pain and

Penalties of not holding Office -- A Senator's Piety

appealed to -- Howe vs. Doolittle -- Marketable Principles

-- Praise of the President -- Mr. McDougall's Charity --

Vote of the Senate -- Concurrence in the House.

CHAPTER XIX.--Report of the Committee on Reconstruction.

(Page 466-472.)

An important State Paper -- Work of the Committee --

Difficulty of obtaining information -- Theory of the

President -- Taxation and Representation -- Disposition and

doings of the Southern People -- Conclusion of the Committee

-- Practical Recommendations.

CHAPTER XX.--Restoration of Tennessee.

(Page 473-482.)

Assembling of the Tennessee Legislature -- Ratification of

the Constitutional Amendment -- Restoration of Tennessee

proposed in Congress -- The Government of Tennessee not

Republican -- Protest against the Preamble -- Passage in the

House -- New Preamble proposed -- The President's Opinion

deprecated and disregarded -- Passage in the Senate -- The

President's Approval and Protest -- Admission of Tennessee

Members -- Mr. Patterson's Case.

CHAPTER XXI.--Negro Suffrage.

(Page 483-501.)

Review of the preceding action -- Efforts of Mr. Yates for

Unrestricted Suffrage -- Davis's Amendment to Cuvier -- The

"Propitious Hour" -- The Mayor's Remonstrance -- Mr.

Willey's Amendment -- Mr. Cowan's Amendment for Female

Suffrage -- Attempt to out-radical the Radicals -- Opinions

for and against Female Suffrage -- Reading and Writing as a

Qualification -- Passage of the Bill -- Objections of the

President -- Two Senators on the Opinions of the People --

The Suffrage Bill becomes a Law.

CHAPTER XXII.--The Military Reconstruction Act.

(Page 502-551.)

Proposition by Mr. Stevens -- "Piratical Governments" not to

be recognized -- The Military Feature introduced -- Mr.

Schofield's Dog -- The Only Hope of Mr. Hise -- Conversation

concerning the Reconstruction Committee -- Censure of a

Member -- A Military Bill Reported -- War Predicted -- The

"Blaine Amendment" -- Bill passes the House -- In the Senate

-- Proposition to Amend -- Mr. McDougall desires Liberty of

Speech -- Mr. Doolittle pleads for the Life of the Republic

-- Mr. Sherman's Amendment -- Passage in the Senate --

Discussion and Non-concurrence in the House -- The Senate

unyielding -- Qualified Concurrence of the House -- The Veto

-- "The Funeral of the Nation" -- The Act -- Supplementary

Legislation.

CHAPTER XXIII.--Other Important Acts.

(Page 552-560.)

Equalizing Bounties -- The Army -- The Department of

Education -- Southern Homesteads -- The Bankrupt Law -- The

Tariff -- Reduction of Taxes -- Contracting the Currency --

Issue of Three Per Cents. -- Nebraska and Colorado -- Tenure

of Office.

CHAPTER XXIV.--The President and Congress.

(Page 561-567.)

The President's treatment of the South -- First Annual

Message -- Mr. Sumner's Criticism -- The President

triumphant -- He damages his Cause -- Humor of Mr. Stevens

-- Vetoes Overridden -- The Question submitted to the People

-- Their Verdict -- Summary of Vetoes -- Impeachment --

Charges by Mr. Ashley -- Report of the Committee.

CHAPTER XXV.--Personal.

(Page 568-576.)

Contested Seats -- Mr. Stockton votes for Himself -- New

Jersey's Loss of two Senators -- Losses of Vermont --

Suicide of James H. Lane -- Death in the House -- General

Scott -- Lincoln's Eulogy and Statue -- Mr. Sumner on Fine

Arts in the Capitol -- Censure of Mr. Chanler -- Petition

for the Expulsion of Garret Davis -- Grinnell assaulted by

Rousseau -- The Action of the House -- Leader of the House.

Biographical Sketches 577

LIST OF PORTRAITS.

PAGE

1.--Hon. Schuyler Colfax, Frontispiece.

2.--Hon. Thaddeus Stevens, 29

3.--Hon. William D. Kelley, 59

4.--Hon. Sidney Clarke, 89

5.--Hon. Thomas A. Hendricks, 109

6.--Hon. Henry Wilson, 135

7.--Hon. Samuel C. Pomeroy, 171

8.--Hon. Reverdy Johnson, 203

9.--Hon. James F. Wilson, 239

10.--Hon. William M. Stewart, 275

11.--Hon. Ebon C. Ingersoll, 307

12.--Hon. Robert C. Schenck, 353

13.--Hon. Richard Yates, 399

14.--Hon. Edwin D. Morgan, 453

15.--Hon. William B. Stokes, 481

16.--Hon. George H. Williams, 517

17.--Hon. John Conness, 541

18.--Hon. James M. Ashley, 567

INTRODUCTORY.

By HON. SCHUYLER COLFAX,

SPEAKER OF THE HOUSE OF REPRESENTATIVES.

The Congress that has just passed away has written a record that will

be long remembered by the poor and friendless, whom it did not forget.

Misrepresented or misunderstood by those who denounced it as enemies,

harshly and unjustly criticised by some who should have been its

friends, it proved itself more faithful to human progress and liberty

than any of its predecessors. The outraged and oppressed found in

these congressional halls champions and friends. Its key-note of

policy was protection to the downtrodden. It quailed not before the

mightiest, and neglected not the obscurest. It lifted the slave, whom

the nation had freed, to the full stature of manhood. It placed on our

statute-book the Civil Rights Bill as our nation's magna charta,

grander than all the enactments that honor the American code; and in

all the region whose civil governments had been destroyed by a

vanquished rebellion, it declared as a guarantee of defense to the

weakest that the freeman's hand should wield the freeman's ballot; and

that none but loyal men should govern a land which loyal sacrifices

had saved. Taught by inspiration that new wine could not be safely put

in old bottles, it proclaimed that there could be no safe or loyal

reconstruction on a foundation of unrepentant treason and disloyalty.

The first session of the Thirty-ninth Congress proposed, as their plan

of Reconstruction, a Constitutional Amendment. It was a bond of public

justice and public safety combined, to be embodied in our national

Constitution, to show to our posterity that patriotism is a virtue and

rebellion is a crime. These terms were more magnanimous than were ever

offered in any country under like circumstances. They were kind, they

were forbearing, they were less than we had a right to demand; but in

our anxiety, in our desire to close up this question, we made the

proposition. How was it received? They trampled upon it, they spat

upon it, they repudiated it, and said they would have nothing to do

with it. They were determined to have more power after the rebellion

than they had before.

When this proposition was repudiated, we came together again, at the

second session of the same Congress, to devise some other plan of

reconstruction in place of the proffer that had been spurned. We put

the basis of our reconstruction, first, upon every loyal man in the

South, and then we gave the ballot also to every man who had only been

a traitor. The persons we excluded, for the present, from suffrage in

the South, were not the thousands who struggled in the rebel army, not

the millions who had given their adhesion to it, but only those men

who had sworn allegiance to the Constitution and then added to treason

the crime of perjury.

Though we demand no indemnity for the past, no banishment, no

confiscations, no penalties for the offended law, there is one thing

we do demand, there is one thing we have the power to demand, and that

is security for the future, and that we intend to have, not only in

legislation, but imbedded in the imperishable bulwarks of our national

Constitution, against which the waves of secession may dash in future

but in vain. We intend to have those States reconstructed on such

enduring corner-stones that posterity shall realize that our fallen

heroes have not died in vain.

CHAPTER I.

OPENING SCENES.

Momentous Events of the Vacation -- Opening of the Senate --

Mr. Wade -- Mr. Sumner -- Mr. Wilson -- Mr. Harris -- Edward

McPherson -- As Clerk of the preceding Congress, he calls

the House to order -- Interruption of Roll-call by Mr.

Maynard -- Remarks by Mr. Brooks -- His Colloquy with Mr.

Stevens -- Mr. Colfax elected Speaker -- His Inaugural

Address -- The Test Oath.

The Thirty-ninth Congress of the United States, convened in the

Capitol at Washington on the fourth of December, 1865. Since the

adjournment of the Thirty-eighth Congress, events of the greatest

moment had transpired--events which invested its successor with

responsibilities unparalleled in the history of any preceding

legislative body.

Abraham Lincoln, sixteenth President of the United States, had been

slain by the hand of the assassin. The crime had filled the land with

horror. The loss of its illustrious victim had veiled the nation in

unaffected grief.

By this great national calamity, Andrew Johnson, who on the fourth of

March preceding had taken his seat simply to preside over the

deliberations of the Senate, became President of the United States.

Meanwhile the civil war, which had been waged with such terrible

violence and bloodshed for four years preceding, came to a sudden

termination. The rebel armies, under Generals Lee and Johnston, had

surrendered to the victorious soldiers of the United States, who in

their generosity had granted to the vanquished terms so mild and easy

as to excite universal surprise.

Jefferson Davis, Alexander H. Stephens, and some other leaders in the

rebellion, had been captured and held for a time as State prisoners;

but, at length, all save the "President of the Confederate States"

were released on parole, and finally pardoned by the President.

The President had issued a proclamation granting amnesty and pardon to

"all who directly or indirectly participated in the rebellion, with

restoration of all rights of property, except as to slaves," on

condition of their subscribing to a prescribed oath. By the provisions

of this proclamation, fourteen classes of persons were excepted from

the benefits of the amnesty offered therein, and yet "any person

belonging to the excepted classes" was encouraged to make special

application to the President for pardon, to whom clemency, it was

declared, would "be liberally extended." In compliance with this

invitation, multitudes had obtained certificates of pardon from the

President, some of whom were at once elected by the Southern people,

to represent them, as Senators and Representatives, in the

Thirty-ninth Congress.

The President had further carried on the work of reconstruction by

appointing Provisional Governors for many of the States lately in

rebellion. He had recognized and entered into communication with the

Legislatures of these States, prescribing certain terms on which they

might secure representation in Congress, and recognition of "all their

rights under the Constitution."

By these and many other events which had transpired since the

expiration of the preceding Congress, the legislation pertaining to

reconstruction had become a work of vast complexity, involving

principles more profound, and questions more difficult, than ever

before presented for the consideration and solution of men assembled

in a legislative capacity.

At twelve o'clock on the day designated in the Constitution for the

meeting of Congress, the Senate assembled, and was called to order by

Hon. Lafayette S. Foster, President pro tempore. Senators from

twenty-five States were in their seats, and answered to their names.

Rev. E. H. Gray, Chaplain of the Senate, invoked the blessing of

Almighty God upon Congress, and prayed "that all their deliberations

and enactments might be such as to secure the Divine approval, and

insure the unanimous acquiescence of the people, and command the

respect of the nations of the earth."

Soon after the preliminary formalities of opening the Senate had

transpired, Benjamin F. Wade, Senator from Ohio, inaugurated the

labors of the Thirty-ninth Congress, and significantly foreshadowed

one of its most memorable acts by introducing "a bill to regulate the

elective franchise in the District of Columbia."

The Senate signified its willingness to enter at once upon active duty

by giving unanimous consent to Mr. Sumner, Senator from Massachusetts,

to introduce a number of important bills. The measures thus brought

before the Senate were clearly indicative of the line of policy which

Congress would pursue. The bills introduced were designed "to carry

out the principles of a republican form of government in the District

of Columbia;" "to present an oath to maintain a republican form of

government in the rebel States;" "to enforce the amendment to the

Constitution abolishing slavery;" "to enforce the guarantee of a

republican form of government in certain States where governments have

been usurped or overthrown."

Senator Wilson, of Massachusetts, was not behind his distinguished

colleague in his readiness to enter upon the most laborious

legislation of the session. He introduced "a bill to maintain the

freedom of the inhabitants in the States declared in insurrection by

the proclamation of the President on the first of July, 1862."

Senator Harris, of New York, long known as one of the ablest jurists

of his State, and recently an eminent member of the Senate's Judiciary

Committee, directed attention to his favorite field of legislative

labor by introducing "a bill to reörganize the Judiciary of the United

States."

While the Senate was thus actively entering upon the labors of the

session, a somewhat different scene was transpiring in the other end

of the Capitol.

Long before the hour for the assembling of Congress, the halls, the

galleries, and corridors of the House of Representatives were thronged

with such crowds as had never before been seen at the opening of a

session. The absorbing interest felt throughout the entire country in

the great questions to be decided by Congress had drawn great numbers

to the Capitol from every quarter of the Union. Eligible positions,

usually held in reserve for certain privileged or official persons,

and rarely occupied by a spectator, were now filled to their utmost

capacity. The Diplomatic Gallery was occupied by many unskilled in the

mysteries of diplomacy; the Reporters' Gallery held many listeners and

lookers on who had no connection with newspapers, save as readers. The

"floor" was held not only by the "members," who made the hall vocal

with their greetings and congratulations, but by a great crowd of

pages, office-seekers, office-holders, and unambitious citizens, who

thronged over the new carpet and among the desks.

The hour having arrived for the assembling of Congress, Edward

McPherson, Clerk of the last House of Representatives, brought down

the gavel on the Speaker's desk, and called the House to order. The

members found their seats, and the crowd surged back up the aisles,

and stood in a compact mass in the rear of the last row of desks.

Edward McPherson, who at that moment occupied the most prominent and

responsible place in the nation, had come to his position through a

series of steps, which afforded the country an opportunity of knowing

his material and capacity. A graduate of Pennsylvania College in 1848,

editor, author, twice a Congressman, and Clerk of the House of

Representatives in the Thirty-eighth Congress, he had given evidence

that he was reliable. Having shown himself a thoroughly conscientious

man in the performance of all his public duties, the great interests

of the nation were safe in his hands.

The country had been greatly concerned to know how the Clerk would

make up the Roll of the House, and whether the names of members elect

from the late rebellious States would be called at the opening of the

session. If this should be done, the first step would be gained by the

Representatives of those States toward holding seats in Congress to

which the majority at the North considered them not entitled. It had

even been intimated that the color of constitutionality which they

would gain from recognition by the Clerk would be used to justify an

assertion of their claims by force. What the Clerk would do, as master

of the rolls and presiding officer of the House, was not long in

doubt.

The Clerk proceeded to call the roll of Representatives elect, while

the subordinates at the desk took note of the responses. He called the

names of Congressmen from the States of Maine, New Hampshire, Vermont,

Massachusetts, and so forth, in a certain order which had been

customary time immemorial in naming the States. In this order

Tennessee had place after Kentucky and before Indiana. When the name

of the last Representative from Kentucky had been called, the decisive

moment arrived. The delegation from Tennessee were on the floor, ready

to answer to their names. The Clerk passed over Tennessee and went

direct to Indiana. As soon as the first member from Indiana had

responded, there arose a tall, black-haired, dark-faced figure, that

every body recognized as Horace Maynard, of Tennessee. He shook his

certificate of election at the Clerk, and began to speak, but the

gavel came down with a sharp rap, and a firm, decided voice was heard

from the desk, "The Clerk declines to have any interruption during the

call of the roll." The roll-call then proceeded without further

interference to the end. When, at last, the Clerk had finished his

list of Representatives and Territorial Delegates, Mr. Maynard once

more arose. "The Clerk can not be interrupted while ascertaining

whether a quorum is present," says the presiding officer. The count of

the assistants having been completed, the Clerk announced, "One

hundred and seventy-six members having answered to their names, a

quorum is present." Mr. Morrill immediately moved that the House

proceed to the election of Speaker. "Before that motion is put," said

Mr. Maynard, again arising. The Clerk was ready for the emergency, and

before Mr. Maynard could complete his sentence, he uttered the

imperative and conclusive words, "The Clerk can not recognize as

entitled to the floor any gentleman whose name is not on this roll." A

buzz of approbation greeted the discreet ruling of the Clerk. The

difficult point was passed, and the whole subject of the admission of

Southern Representatives was handed over intact, to be deliberately

considered after the House should be fully organized for business.

Mr. Morrill, in moving to proceed to the election of a Speaker, had

forgotten or neglected to demand the previous question, and thus cut

off debate. Mr. James Brooks, most plausible in address, and most

ready in talk on the side of the minority, saw the point left

unguarded by his opponents, and resolved to enter. Born in Maine, now

a citizen of New York, and editor of the "Express," Mr. Brooks was in

Congress for the fourth time a champion of what he deemed the rights

of the South, and not in accordance with the prevailing sentiments in

his native and adopted States.

Mr. Brooks obtained the floor, and desired to amend the motion. He

thought the roll should be completed before proceeding to the election

of Speaker. "I trust," said he, "that we shall not proceed to any

revolutionary, any step like that, without at least hearing from the

honorable gentleman from Tennessee. If Tennessee is not in the Union,

by what right does the President of the United States usurp his place

in the White House when an alien and a foreigner, and not from a State

in the Union?"

At this stage, a man of mark--five times a Representative in Congress,

but now twelve years away from the capital and a new member--John

Wentworth, of Chicago--elevated his tall and massive form, and with a

stentorian voice called Mr. Brooks to order. The Clerk having fairly

decided that gentleman entitled to the floor on the question of

proceeding to the election of a Speaker, Mr. Wentworth sat down, and

Mr. Brooks in resuming his remarks improved his chance to administer

rebuke in a manner which provoked some mirth. "When the honorable

gentleman from Illinois is better acquainted with me in this House,"

said Mr. Brooks, "he will learn that I always proceed in order, and

never deviate from the rules." Mr. Brooks then returned to his

championship of Mr. Maynard: "If he is not a loyal man, and is not

from a State in this Union, what man, then, is loyal? In the darkest

and most doubtful period of the war, when an exile from his own State,

I heard his eloquent voice on the banks of the St. Lawrence arousing

the people of my own State to discharge their duties to the country."

Mr. Brooks joined Virginia with Tennessee, and asked the Clerk to give

his reasons for excluding the names of Representatives from these

States from the roll. The Clerk replied that he had acted in

accordance with his views of duty, and was willing to let the record

stand; if it was the desire of the House to have his reasons, he would

give them.

"It is not necessary," said Thaddeus Stevens; "we know all."

"I know," replied Mr. Brooks, "that it is known to all in one quarter,

but that it is not known to many in other quarters in this House, why

this exclusion has been made. I should know but little, if I had not

the record before me of the resolution adopted by the Republican

majority of this House, that Tennessee, Louisiana, and Virginia were

to be excluded, and excluded without debate. Why without debate? Are

gentlemen afraid to face debate? Are their reasons of such a character

that they dare not present them to the country, and have to resort to

the extraordinary step of sideway legislation, in a private caucus, to

enact a joint resolution to be forced upon this House without debate,

confirming that there are no reasons whatever to support this position

except their absolute power, and authority, and control over this

House? If the gentleman from Pennsylvania would but inform me at what

period he intends to press this resolution, I would be happy to be

informed."

"I propose to present it at the proper time," was the response of Mr.

Stevens, provoking laughter and applause.

Mr. Brooks replied: "Talleyrand said that language was given to man to

conceal ideas, and we all know the gentleman's ingenuity in the use of

language. The proper time! When will that be?" Mr. Brooks then

proceeded at some length to answer this question. He supposed the

proper time would be as soon as the House was organized, and before

the President's message could be heard and considered, that the action

of the House might silence the Executive, and nullify the exposition

which he might make, and become a _quasi_ condemnation of the action

of the President of the United States.

Mr. Brooks was at length ready to close, and sought to yield the floor

to a Democratic member. The Republicans, however, were ready to meet

the emergency, and objected to the floor being yielded in such a way

as would cause delay without furthering the business of organizing the

House. Points of order were raised, and efforts made to entangle the

Clerk, but in vain. His rulings were prompt, decisive, and effectual.

The moment a Republican fairly held the floor, the previous question

was moved, the initial contest was over, and the House proceeded to

elect a Speaker.

A stoop-shouldered, studious-looking gentleman, now for the sixth

successive term a member of Congress--Justin S. Morrill, of

Vermont--arose and nominated Schuyler Colfax, of Indiana. On the other

side of the house, a gentleman from New York portly in his person, now

entering on his second Congressional term--Charles H. Winfield--nominated

James Brooks, of New York. Four members took their seats behind the

Clerk to act as tellers. The responses were at length all given, and

the numbers noted. Mr. Morrill, one of the tellers, announced the

result--"Mr. Colfax, one hundred and thirty-nine; Mr. Brooks,

thirty-six." The Clerk formally announced the result, and stepped

aside; his work as presiding officer of the Thirty-ninth Congress was

at an end.

In the place thus made vacant appeared the man but a moment before

elected to the position by the largest political majority ever given

to a Speaker of the House. A well-proportioned figure of medium size,

a pleasing countenance often radiant with smiles, a style of movement

quick and restless, yet calm and self-possessed, were characteristic

of him upon whom all eyes were turned. In the past a printer and

editor in Indiana, now in Congress for the sixth term and elected

Speaker the second time, SCHUYLER COLFAX stood to take the oath of

office, and enter upon the discharge of most difficult and responsible

duties. He said:

"Gentlemen of the House of Representatives: The reässembling of

Congress, marking as it does the procession of our national history,

is always regarded with interest by the people for whom it is to

legislate. But it is not unsafe to say that millions more than ever

before, North, South, East, and West, are looking to the Congress

which opens its session to-day with an earnestness and solicitude

unequaled on similar occasions in the past. The Thirty-eighth Congress

closed its constitutional existence with the storm-cloud of war still

lowering over us, and after nine months' absence, Congress resumes its

legislative authority in these council halls, rejoicing that from

shore to shore in our land there is peace.

"Its duties are as obvious as the sun's pathway in the heavens.

Representing in its two branches the States and the people, its first

and highest obligation is to guarantee to every State a republican

form of government. The rebellion having overthrown constitutional

State governments in many States, it is yours to mature and enact

legislation which, with the concurrence of the Executive, shall

establish them anew on such a basis of enduring justice as will

guarantee all necessary safeguards to the people, and afford what our

Magna Charta, the Declaration of Independence, proclaims is the chief

object of government--protection to all men in their inalienable

rights. The world should witness, in this great work, the most

inflexible fidelity, the most earnest devotion to the principles of

liberty and humanity, the truest patriotism and the wisest

statesmanship.

"Heroic men, by hundreds of thousands, have died that the Republic

might live. The emblems of mourning have darkened White House and

cabin alike; but the fires of civil war have melted every fetter in

the land, and proved the funeral pyre of slavery. It is for you,

Representatives, to do your work as faithfully and as well as did the

fearless saviors of the Union in their more dangerous arena of duty.

Then we may hope to see the vacant and once abandoned seats around us

gradually filling up, until this hall shall contain Representatives

from every State and district; their hearts devoted to the Union for

which they are to legislate, jealous of its honor, proud of its glory,

watchful of its rights, and hostile to its enemies. And the stars on

our banner, that paled when the States they represented arrayed

themselves in arms against the nation, will shine with a more

brilliant light of loyalty than ever before."

Mr. Colfax having finished his address, took the following oath, which

stood as the most serious obstacle in the way of many elected to

Congress from the Southern States:

"I do solemnly swear that I have never voluntarily borne

arms against the United States since I have been a citizen

thereof; that I have voluntarily given no aid, countenance,

counsel, or encouragement to persons engaged in armed

hostility thereto; that I have neither sought nor accepted

nor attempted to exercise the functions of any office

whatever, under any authority or pretended authority in

hostility to the United States; that I have not yielded a

voluntary support to any pretended government, authority,

power, or constitution within the United States, hostile or

inimical thereto. And I do further swear that, to the best

of my knowledge and ability, I will support and defend the

Constitution of the United States against all enemies,

foreign and domestic; that I will bear true faith and

allegiance to the same; that I take this obligation freely,

without any mental reservation or purpose of evasion; and

that I will well and faithfully discharge the duties of the

office on which I am about to enter. So help me God!"

The subordinate officers were then elected by resolution, and the

House of Representatives being organized, was ready to enter upon its

work.

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