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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.