RESTORATION OF TENNESSEE.
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.
The most important practical step in the work of reconstruction taken
by the Thirty-ninth Congress was the restoration of Tennessee to her
relations to the Union. Of all the recently rebellious States,
Tennessee was the first to give a favorable response to the overtures
of Congress by ratifying the Constitutional Amendment.
Immediately on the reception of the circular of the Secretary of State
containing the proposed amendment, Governor Brownlow issued a
proclamation summoning the Legislature of Tennessee to assemble at
Nashville on the 4th of July.
There are eighty-four seats in the lower branch of the Legislature of
Tennessee. By the State Constitution, two-thirds of the seats are
required to be full to constitute a quorum. The presence of fifty-six
members seemed essential for the legal transaction of business. Every
effort was made to prevent the assembling of the required number. The
powerful influence of the President himself was thrown in opposition
to ratification.
On the day of the assembling of the Legislature but fifty-two members
voluntarily appeared. Two additional members were secured by arrest,
so that the number nominally in attendance was fifty-four, and thus it
remained for several days. It was ascertained that deaths and
resignations had reduced the number of actual members to seventy-two,
and a Union caucus determined to declare that fifty-four members
should constitute a quorum. Two more Union members opportunely
arrived, swelling the number present in the Capitol to fifty-six.
Neither persuasion nor compulsion availed to induce the two
"Conservative members" to occupy their seats, and the house was driven
to the expedient of considering the members who were under arrest and
confined in a committee room, as present in their places. This having
been decided, the constitutional amendment was immediately ratified.
Governor Brownlow immediately sent the following telegraphic dispatch
to Washington:
"NASHVILLE, TENNESSEE, _Thursday_, July 19--12 M.
"_To Hon. E. M. Stanton, Secretary of War, Washington, D. C._
My compliments to the President. We have carried the
Constitutional Amendment in the House. Vote, 43 to 18; two
of his tools refusing to vote.
W. G. BROWNLOW."
On the 19th of July, the very day on which Tennessee voted to ratify
the amendment, and immediately after the news was received in
Washington, Mr. Bingham, in the House of Representatives, moved to
reconsider a motion by which a joint resolution relating to the
restoration of Tennessee had been referred to the Committee on
Reconstruction.
This joint resolution having been drawn up in the early part of the
session, was not adapted to the altered condition of affairs resulting
from the passage of the constitutional amendment in Congress. The
motion to reconsider having passed, Mr. Bingham proposed the following
substitute:
"Joint resolution declaring Tennessee again entitled to
Senators and Representatives in Congress.
_Whereas_, The State of Tennessee has in good faith ratified
the article of amendment to the Constitution of the United
States, proposed by the Thirty-ninth Congress to the
Legislatures of the several States, and has also shown, to
the satisfaction of Congress, by a proper spirit of
obedience in the body of her people, her return to her due
allegiance to the Government, laws, and authority of the
United States: Therefore,
_Be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled_, That
the State of Tennessee is hereby restored to her former,
proper, practical relation to the Union, and again entitled
to be represented by Senators and Representatives in
Congress, duly elected and qualified, upon their taking the
oaths of office required by existing laws."
On the following day, this joint resolution was the regular order, and
gave rise to a brief discussion.
Mr. Boutwell desired to offer an amendment providing that Tennessee
should have representation in Congress whenever, in addition to having
ratified the constitutional amendment, it should establish an "equal
and just system of suffrage." Mr. Boutwell, although opposed to the
joint resolution before the House, had no "technical" objections to
the immediate restoration of Tennessee. "I am not troubled," said he,
"by the informalities apparent in the proceedings of the Tennessee
Legislature upon the question of ratifying the constitutional
amendment. It received the votes of a majority of the members of a
full house, and when the proper officers shall have made the customary
certificate, and filed it in the Department of State, it is not easy
to see how any legal objection can be raised, even if two-thirds of
the members were not present, although that proportion is a quorum
according to the constitution of the State."
Mr. Boutwell declared that his objections to the pending measure were
vital and fundamental. The government of Tennessee was not republican
in form, since under its constitution more than eighty thousand male
citizens were deprived of the right of suffrage. The enfranchisement
of the freedmen of Tennessee should be the beginning of the great work
of reconstruction upon a republican basis. "We surrender the rights of
four million people," said Mr. Boutwell in concluding his remarks; "we
surrender the cause of justice; we imperil the peace and endanger the
prosperity of the country; we degrade ourselves as a great party which
has controlled the government in the most trying times in the history
of the world."
Mr. Higby thought that Tennessee should not be admitted without a
restriction that she should not be allowed any more representation
than that to which she would be entitled were the constitutional
amendment in full operation and effect.
Mr. Bingham advocated at considerable length the immediate restoration
of Tennessee. "Inasmuch," said he, "as Tennessee has conformed to all
our requirements; inasmuch as she has, by a majority of her whole
legislature in each house, ratified the amendment in good faith;
inasmuch as she has of her own voluntary will conformed her
constitution and laws to the Constitution and laws of the United
States; inasmuch as she has by her fundamental law forever prohibited
the assumption or payment of the rebel debt, or the enslavement of
men; inasmuch as she has by her own constitution declared that rebels
shall not exercise any of the political power of the State or vote at
elections; and thereby given the American people assurance of her
determination to stand by this great measure of security for the
future of the Republic, Tennessee is as much entitled to be
represented here as any State in the Union."
Mr. Finck, Mr. Eldridge, and other Democrats favored the resolution,
while they protested against and "spit on" the preamble.
The question having been taken, the joint resolution passed the House,
one hundred and twenty-five voting in the affirmative, and twelve in
the negative. These last were the following: Messrs. Alley, Benjamin,
Boutwell, Eliot, Higby, Jenckes, Julian, Kelley, Loan, McClurg, Paine,
and Williams.
The announcement of the passage of the joint resolution was greeted
with demonstrations of applause on the floor and in the galleries.
On the day succeeding this action in the House, the joint resolution
came up for consideration in the Senate. After a considerable
discussion, the resolution as it passed the House was adopted by the
Senate.
In place of the preamble which was passed by the House, Mr. Trumbull
proposed the following substitute:
"_Whereas_, In the year 1861, the government of the State of
Tennessee was seized upon and taken possession of by persons
in hostility to the United States, and the inhabitants of
said State, in pursuance of an act of Congress were declared
to be in a state of insurrection against the United States;
and whereas said State government can only be restored to
its former political relations in the Union by the consent
of the law-making power of the United States; and whereas
the people of said State did on the 22d of February, 1865,
by a large popular vote adopt and ratify a constitution of
government whereby slavery was abolished, and all ordinances
and laws of secession and debts contracted under the same
were declared void; and whereas a State government has been
organized under said constitution which has ratified the
amendment to the Constitution of the United States
abolishing slavery, also the amendment proposed by the
Thirty-ninth Congress, and has done other acts proclaiming
and denoting loyalty: Therefore."
Mr. Sherman opposed the substitution of this preamble. "These
political dogmas," said he, "can not receive the sanction of the
President; and to insert them will only create delay, and postpone the
admission of Tennessee."
"I pay no regard," said Mr. Wade, "to all that has been said here in
relation to the President probably vetoing your bill, for any thing he
may do, in my judgment, is entirely out of order on this floor. Sir,
in olden times it was totally inadmissible in the British Parliament
for any member to allude to any opinion that the king might entertain
on any thing before the body; and much more, sir, ought an American
Congress never to permit any member to allude to the opinion that the
Executive may have upon any subject under consideration. He has his
duty to perform, and we ours; and we have no right whatever under the
Constitution to be biased by any opinion that he may entertain on any
subject. Therefore, sir, I believe that it is, or ought to be, out of
order to allude to any such thing here. Let the President do what he
conceives to be his duty, and let us do ours, without being biased in
any way whatever by what it may be supposed he will do."
Mr. Brown entered his disclaimer. "Republicanism," said he, "means
nothing if it means not impartial, universal suffrage. Republicanism
is a mockery and a lie if it can assume to administer this government
in the name of freedom, and yet sanction, as this act will, the
disfranchisement of a large, if not the largest, part of the loyal
population of the rebel States on the pretext of color and race."
The question being taken on the passage of the preamble as substituted
by the Senate, together with the resolution of the House, resulted in
twenty-eight Senators voting in the affirmative, and four in the
negative. The latter were Messrs. Brown, Buckalew, McDougal, and
Sumner.
The House concurred in the amendment of the Senate, without
discussion, and the joint resolution went to the President for his
approval.
On the 24th of July, the President, not thinking it expedient to risk
a veto, signed the joint resolution, and at the same time sent to the
House his protest against the opinions presented in the preamble.
After having given his objections to the preamble and resolution at
considerable length, the President said: "I have, notwithstanding the
anomalous character of this proceeding, affixed my signature to the
resolution. [General applause and laughter.] My approval, however, is
not to be construed as an acknowledgment of the right of Congress to
pass laws preliminary to the admission of duly-qualified
representatives from any of the States. [Great laughter.] Neither is
it to be considered as committing me to all the statements made in the
preamble, [renewed laughter,] some of which are, in my opinion,
without foundation in fact, especially the assertion that the State of
Tennessee has ratified the amendment to the Constitution of the United
States proposed by the Thirty-ninth Congress." [Laughter.]
After the reading of the President's Message, Mr. Stevens said:
"Inasmuch as the joint resolution has become a law by the entire and
cordial approval of the President, [laughter,] I am joint committee on
reconstruction to ask that that committee be discharged from the
further consideration of the credentials of the members elect from the
State of Tennessee, and to move that the same be referred to the
Committee of Elections of this House."
This motion was passed. At a later hour of the same day's session, Mr.
Dawes, of the Committee on Elections, having permission to report,
said that the credentials of the eight Representatives elect from
Tennessee had been examined, and were found in conformity with law. He
moved, therefore, that the gentlemen be sworn in as members of the
House from the State of Tennessee.
Horace Maynard and other gentlemen from Tennessee then went forward
amid applause, and took the oath of office.
On the day following, Joseph S. Fowler was sworn in, and took his seat
as a Senator from Tennessee.
The next day Mr. Fowler presented the credentials of David T.
Patterson as a Senator elect from Tennessee. A motion was made that
these credentials be referred to the Committee on the Judiciary, with
instructions to inquire into the qualifications of Mr. Patterson.
The circumstances in this case were peculiar. Mr. Patterson had been
elected circuit judge by the people of East Tennessee in 1854. His
term of office expired in 1862, after Tennessee had passed the
ordinance of secession and became a member of the Southern
Confederacy. He was a firm, avowed, and influential Union man, and in
the exercise of the duties of his office did much to protect the
interests of loyal men. Persons who were opposed to secession, which
with lawless violence was sweeping over the State, felt the importance
of having the offices filled by Union men. Mr. Patterson was urged to
again become a candidate for judge. He reluctantly consented, and was
elected by a large majority over a rebel candidate. Governor Harris
sent his commission, with peremptory orders that he should immediately
take the oath to support the Southern Confederacy. Judge Patterson
delayed and hesitated, and consulted other Union men as to the proper
course to be pursued. They advised and urged him to take the oath. By
so doing he could afford protection, to some extent, to Union men,
against acts of lawless violence on the part of rebels. He was advised
that, if he did not accept the office, it would be filled by a rebel,
and the people would be oppressed by the civil as well as the military
power of the rebels. He yielded to these arguments and this advice,
and took the oath prescribed by the Legislature, which in substance
was that he would support the Constitution of Tennessee and the
Constitution of the Confederate States. He declared at the time that
he owed no allegiance to the Confederate Government, and did not
consider that part of the oath as binding him at all.
Judge Patterson held a few terms of court in counties when he could
organize grand juries of Union men, and did something toward
preserving peace and order in the community. He aided the Union people
and the Union cause in every possible way, and thus became amenable to
the hostility of the secessionists, who subjected him to great
difficulty and danger. He was several times arrested, and held for
some time in custody. At times he was obliged to conceal himself for
safety. He spent many nights in out-buildings and in the woods to
avoid the vengeance of the rebels.
In September, 1863, the United States forces under General Burnside
having taken possession of Knoxville, Mr. Patterson succeeded, with
his family, in making his escape to Knoxville, and did not return to
his home until after the close of the rebellion.
The Committee on the Judiciary having taken into consideration the
above and other palliating circumstances, proposed a resolution that
Mr. Patterson "is duly qualified and entitled to hold a seat in the
Senate." On motion of Mr. Clark this resolution was amended to read,
"that, upon taking the oaths required by the Constitution and the
laws, he be admitted to a seat in the Senate."
It was, however, thought better by the Senate to pass a joint
resolution that in the case of Mr. Patterson there should be omitted
from the test oath the following words: "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." This joint resolution having passed the Senate,
was immediately sent to the House of Representatives, then in session,
and at once came up before that body for consideration. The resolution
was eloquently advocated by Messrs. Maynard and Taylor, and opposed by
Mr. Stokes, all of Tennessee.
"On the night of the 22d of February last," said Mr. Stokes, "I
delivered a speech in Nashville, and there and then declared, if
admitted as a member of this House, I would freeze to my seat before I
would vote to repeal the test oath. [Long-continued applause on the
floor and in the galleries.] I have made the same declaration in many
speeches since then.
"Sir, I regard the test oath passed by the United States Congress as
the salvation of the Union men of the South as well as of the North. I
regard it as sacred as the flaming sword which the Creator placed in
the tree of life to guard it, forbidding any one from partaking of the
fruit thereof who was not pure in heart. Sir, this is no light
question. Repeal the test oath and you permit men to come into
Congress and take seats who have taken an oath to the Confederate
Government, and who have aided and assisted in carrying out its
administration and laws. That is what we are now asked to do. Look
back to the 14th of August, 1861, the memorable day of the
proclamation issued by Jefferson Davis, ordering every man within the
lines of the confederacy who still held allegiance to the Federal
Government to leave within forty-eight hours. That order compelled
many to seek for hiding-places who could not take the oath of
allegiance to the Confederate Government. When the rebel authorities
said to our noble Governor of Tennessee, 'We will throw wide open the
prison doors and let you out, if you will swear allegiance to our
government,' what was his reply? 'You may sever my head from my body,
but I will never take the oath to the Confederate Government.'"
[Illustration: W. B. Stokes, Representative from Tennessee.]
Mr. Conkling said: "I should be recreant to candor were I to attempt
to conceal my amazement at the scene now passing before us. Only eight
short days ago and eleven States were silent and absent here, because
they had participated in guilty rebellion, and because they were not
in fit condition to share in the government and control of this
country. Seven short days ago we found one of these States with
loyalty so far retrieved, one State so far void of present offenses,
that the ban was withdrawn from her, and she again was placed on an
equal footing with the most favored States in the Union. The doors
were instantly thrown open to her Senators and Representatives, the
whole case was disposed of, and the nation approved the act. Here the
matter should have rested; here it should have been left forever
undisturbed. But no; before one week has made its round, we are called
upon to stultify ourselves, to wound the interests of the nation, to
surrender the position held by the loyal people of the country almost
unanimously, and the exigency is that a particular citizen of
Tennessee seeks to effect his entrance to the Senate of the United
States without being qualified like every other man who is permitted
to enter there.
"We are asked to drive a ploughshare over the very foundation of our
position; to break down and destroy the bulwark by which we may secure
the results of a great war and a great history, by which we may
preserve from defilement this place, where alone in our organism the
people never lose their supremacy, except by the recreancy of their
Representatives; a bulwark without which we may not save our
Government from disintegration and disgrace. If we do this act, it
will be a precedent which will carry fatality in its train. From
Jefferson Davis to the meanest tool of despotism and treason, every
rebel may come here, and we shall have no reason to assign against his
admission, except the arbitrary reason of numbers."
Mr. Conkling closed by moving that the joint resolution be laid on the
table, which was carried by a vote of eighty-eight to thirty-one.
During the same day's session--which was protracted until seven
o'clock of Saturday morning, July 28th--the same subject came up again
in the Senate, on the passage of the resolution to admit Mr. Patterson
to a seat in the Senate upon his taking the oaths required by the
Constitution and laws. After some discussion, the resolution passed,
twenty-one voting in the affirmative and eleven in the negative.
Mr. Patterson went forward to the desk, and the prescribed oaths
having been administered, he took his seat in the Senate. Thus, on the
last day of the first session of the Thirty-ninth Congress, Tennessee
was fully reconstructed in her representation.