CHAPTER XXIII.

OTHER IMPORTANT ACTS.

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.

The great national measures, whose progress through Congress has been

given in detail, occupied the attention of that body continuously,

from the first days of its existence to the closing hours of its last

session. No day passed which was not rendered important by something

said or done upon questions which concern not only the nation, but

humanity, and which are of interest not only for the present, but for

all time to come. While these great measures were passing through

Congress, making it memorable, and absorbing the public attention,

there was a constant undercurrent of patient, laborious legislation

upon subjects of less interest to the public, but of real importance

to the country.

One of the first duties devolving upon the Thirty-ninth Congress was

the great work of disbanding the vast volunteer army which had

suppressed the rebellion, saved the country, and earned the undying

gratitude of the nation. The soldiers of the republic were to be paid

for their distinguished services, their reasonable demands for

equalization of bounty were to be met, and a suitable number retained

in the service for the necessities of the nation on a "peace footing."

Near the close of the first session, a bill to equalize soldiers'

bounties, introduced by Mr. Schenck of Ohio, passed the House by a

nearly unanimous vote, but was lost in the Senate. Subsequently, the

Senate attached to the Civil Appropriation Bill a provision for paying

additional bounty, differing materially from the bill which passed the

House. This being in such shape that it could not be easily detached,

became a law.

During the first session, Congress passed the "Act to increase and fix

the military peace establishment of the United States." By this law

the regular army consists of five regiments of artillery, ten

regiments of cavalry, and forty-five regiments of infantry. It

acknowledged the services and claims of the volunteer officers and men

who served in the recent war by providing that a large proportion of

the commissions in the new service should be conferred upon them. At

the same time the standard of attainment and talent was not lowered,

since the law provided for such an examination as must exclude the

unqualified and relieve the army from some who unworthily held

commissions.

The important fact that general intelligence is one of the greatest

safeguards of the nation was fully recognized by the Thirty-ninth

Congress. Of this they gave permanent proof in establishing a Bureau

of Education. Early in the first session, Mr. Donnelly, of Minnesota,

introduced a resolution instructing the joint Committee on

Reconstruction to inquire into the expediency of establishing a

National Bureau of Education "to enforce education, without regard to

color." The necessity for such a measure was set forth in the preamble

to arise from the fact that "republican institutions can find

permanent safety only upon the basis of the universal intelligence of

the people," and that "the great disasters which have afflicted the

nation and desolated one-half its territory are traceable in a great

degree to the absence of common schools and general education among

the people of lately rebellious States." This resolution passed the

House by a large majority.

This subject was subsequently referred to an able select committee, of

which Mr. Garfield was chairman. On the 5th of June he reported a bill

to establish a Department of Education. The measure was supported by

Messrs. Donnelly, Garfield, Banks, and Boutwell, and opposed by

Messrs. Pike, Rogers, and Randall. The bill passed the House on the

19th of June and went to the Senate, where it was referred to the

Committee on the Judiciary. The bill went over, in the press of

business, to the second session, and passed the Senate on the 28th of

February, 1867.

A measure indirectly connected with the subject of reconstruction,

destined to have an important influence upon the future of Southern

society, was introduced by Mr. Julian on the 7th of February, 1866.

This was a bill for the disposal of the public lands for homesteads to

actual settlers, without distinction of color, in the States of

Alabama, Mississippi, Louisiana, Arkansas, and Florida, providing that

the quantity of land selected by any one person should be eighty

acres, and not one hundred and sixty acres, as provided in the

Homestead Bill of 1862. The necessity of this measure, as shown by Mr.

Julian, arose from the abolition of slavery and the demands of free

labor. It was designed to cut off land speculation in the Southern

country. "Without some provision of this kind," said Mr. Julian,

"rebel speculators now hovering over the whole of that region, and

hunting up the best portion of it, and the holders of Agricultural

College scrip can come down upon it at one fell swoop and cheat the

actual settler, whether white or black, out of his rights, or even the

possibility of a home in that region, driving the whole of them to

some of our Western Territories or to starvation itself."

The bill was finally passed in the House on the 28th of February,

1867, with an amendment excluding from the benefit of the act persons

who have borne arms against the United States, or given aid and

comfort to its enemies.

A work of legislation of much importance, destined to have beneficent

effect upon the business interests of the country, was the passage of

the Bankrupt Law, which was finally enacted near the close of the

Thirty-ninth Congress. The Bankrupt Bill passed the House of

Representatives as early as May, 1866, but the Senate objecting to the

entire principle of the bill, it was postponed till December. On the

reässembling of Congress for the second session, the consideration of

the Bankrupt Bill was resumed, and after much opposition in the

Senate, it finally received the support of a decisive majority in that

body of all shades of politics. The perfection and final passage of

this measure were among the last acts of the Thirty-ninth Congress.

The Bankrupt Law of 1800 was enacted in the interest of creditors, and

that of 1841 for the benefit of debtors. The law of 1867 was framed

with a view to protect the interests of both parties. The passage of

this important law is due mainly to the energy and perseverance of

Thomas A. Jenckes, of Rhode Island.

The subject of the tariff occupied, first and last, a considerable

share of the time and attention of the Thirty-ninth Congress. In the

early part of the first session numerous petitions poured in upon

Congress in favor of a protective tariff. In June and July the subject

was discussed, and a Tariff Bill passed the House by a vote of

ninety-four to fifty-three. The friends of protection said of this

bill that though not perfect, it was "a decided improvement on the

tariff in existence." The bill, on its introduction to the Senate was

postponed till December.

There was soon after introduced into the House a revised Tariff Bill,

entitled a bill "to protect the revenue." Gradually many of the

features which the advocates of protection regarded as most important,

were eliminated from the bill. This was passed in the Senate on the

24th of July, with amendments in which the House was unwilling to

concur. A Committee of Conference was appointed, who made a report

which was accepted by both Houses of Congress. The bill greatly

modified and "enfeebled" as its original friends regarded it, finally

passed on the day before the close of the first session.

The subject of diminishing taxation, as far as consistent with the

obligations of the nation to its creditors, early enlisted and

occupied the attention of the Thirty-ninth Congress. The principle

upon which Congress acted was announced by the distinguished chairman

of the Committee of Ways and Means, Mr. Morrill, to be "_The abolition

or speedy reduction of all taxes which tend to check development, and

the retention of all those which like the income tax fall chiefly on

realized wealth._"

In the midst of many conflicting interests, and in the face of

remonstrances, protests, and prayers from every trade and profession,

Congress proceeded to work out the difficult question. As a result of

most patient and careful investigation, Congress found itself able to

reduce to the extent of one hundred millions of dollars per annum, the

taxation resting upon the shoulders of the American people.

On the subject of finance and the national currency great diversity of

opinion existed among leading members of the Thirty-ninth Congress.

Unanimity prevailed upon the opinion that the currency should sooner

or later be subjected to suitable contraction, but there was diversity

of sentiment as to the ways and means by which this result should be

achieved without involving the country in commercial and financial

disaster.

"I am for specie payments," remarked Mr. Stevens, on one occasion,

"when we can arrive at them without crushing the community to death. I

am for arriving at specie payments, and still allowing the business of

the country to go on and thrive, and the people engaged in business to

pay the taxes which you impose on them. I say that there is not a man

in the community who would not as soon have one dollar in greenbacks

as one dollar in gold. No one expects to be paid in gold until a

general resumption by the banks of specie payment; nobody now knows

any other currency than greenbacks, and, therefore, I am in favor of

keeping that currency. In my judgment, we have not more circulation

now than the expanded business of the country requires.

"This war has given an immense impulse to every thing. Whence this

precipitation? We have barely got out of the war against the rebels

before we have a war made upon the business community, upon the

manufacturing interests, and upon all others."

"When this great Republican party was made up," said Mr. Wentworth,

"we, who were originally Democrats, took up a cross, and it was a

great cross. [Laughter.] We were told that if we went into that thing,

we should have to lay down at the feet of the irresponsible

paper-money men. Now, I want to know of the gentleman distinctly,

whether, if he could, he would resume specie payments to-morrow?"

"If," replied Mr. Stevens, "I could have specie payment to-morrow,

without deranging the business of the country, I would. If it would

derange the business of the country to return to specie payment at

once, I would postpone it a little. I voted for the Legal-tender Bill;

and I am glad I did so, for the country would not have survived

without it."

"Would you compromise on a year?" asked Mr. Wentworth.

"No, sir; nor on two years," replied Mr. Stevens. "England did not

resume specie payment the year after the wars with France. The Bank of

England issued paper money, but the Government had £14,000,000 in the

stock of that bank to give it security, and the Government prevented

it from resuming specie payment until it thought it best. Now, when

that great war of twenty-five years was over, did England attempt, in

1814 and 1815, to return to specie payment? They had afloat but

£20,000,000, or $100,000,000, and they began with their one-pound

notes. In a few years they took their two-pound notes; afterward they

took their five-pound notes. But they never resumed full specie

payment until the latter part of the year 1822. Does my friend from

Illinois expect me to be wiser than the great men of England?"

"Does my friend from Pennsylvania deny," asked Mr. Garfield, "that in

1819 the law for resuming specie payment was passed, to go into effect

gradually at first, and completely in 1823, and that the full

resumption of specie payment actually took place early in the Spring

of 1821--only about a year and three-quarters from the passage of the

law?"

"Yes," answered Mr. Stevens, "except in very large sums. The law

authorized them to go on until the first of January, 1823."

"But they resumed in 1821, about a year and three-quarters earlier,"

said Mr. Garfield.

"About a year earlier," said Mr. Stevens. "But the law did not pass

until four years after the war. Do gentlemen here expect, when

England, with almost all the commerce of the world at her command, was

unable to resume specie payments for eight years after the conclusion

of her wars, and then did it by such gradual legislation that there

should be no shock to the business of the country--do gentlemen expect

that we are to put it into the power of one man to compel the

resumption of specie payments in a single year?"

"I want to know," said Mr. Wentworth, "if the power, and the

patronage, and the influence of the great Republican party, so called,

is to be used to deprive us of our natural standard of value. Now, I

wish, while we go together, to be perfectly honest. Nobody respects

the talents of my friend from Pennsylvania [Mr. Stevens] more than I

do. He knows more than all of us put together. [Laughter.] I want him

to state to the House, fairly and candidly, whether, if we follow him,

he will lead us to specie payment; or whether, if he could, he would."

"I will say to my friend," replied Mr. Stevens, "that in this case I

do not act as a member of the Republican party."

"I have followed the gentlemen," said Mr. Wentworth, "because I

supposed him to be a Republican leader."

"If I believed," said Mr. Stevens, "that we could resume specie

payments in a month without crushing the interests of the country,

without injuring the laborer, without breaking down the manufacturer,

without oppressing the people, without decreasing the revenues of the

Government; if I had the power, I would order every bank in the

country, State and national, and the Government also, to resume specie

payment."

"Suppose McCulloch could do that," said Mr. Wentworth, "and give all

our boys their money at par."

"If he could do it, I would give him great credit," said Mr. Stevens.

"I believe he can," said Mr. Wentworth.

"My friend is large," said Mr. Stevens, "and has faith like two grains

of mustard-seed."

Plans were devised, and ultimately carried through Congress, by which

the great volume of paper currency should be gradually reduced at a

certain fixed rate, so that the people might know how to calculate the

future, and be enabled to provide against a commercial crash.

The first measure designed to accomplish this result was popularly

called the Loan Bill, which was amendatory of an act "to provide ways

and means to support the Government." When first considered, in March,

1866, it was defeated in the House. It was soon after brought up again

in a modified form, and passed both the House and Senate by large

majorities. The act provided that the Secretary of the Treasury might

receive treasury notes, or "other obligations issued under any act of

Congress," in exchange for bonds. The contraction of the currency was

restricted and limited by the provision that not more than ten

millions of dollars might be retired and canceled within six months

from the passage of the act, and thereafter not more than four

millions of dollars in any one month.

A financial problem of great importance presented itself for solution

in the second session of the Thirty-ninth Congress. A large amount of

compound-interest notes, weighed down with accrued interest, had

ceased to float as currency, and lay in the vaults of the banks and

the coffers of capitalists, awaiting redemption. The question arose as

to how they should be redeemed, and the nation saved the payment of

the immense amounts of interest which must accumulate in course of

time. The House of Representatives proposed to pass an act authorizing

and directing the Secretary of the Treasury to issue legal-tender

notes, without interest, not exceeding $100,000,000, in place of the

compound-interest bearing notes.

To this proposition the Senate would not accede, and passed a

substitute which the House would not accept. A Committee of Conference

reported a modification of the Senate's substitute, which finally

became a law, providing that, for the purpose of redeeming and

retiring compound-interest notes, the Secretary of the Treasury should

issue temporary loan certificates, to the amount of $50,000,000, at a

rate of interest not exceeding three per cent. per annum.

While the greater share of the attention of the Thirty-ninth Congress

was occupied with efforts to reconstruct the eleven States which had

forfeited their rights by rebellion, the Territories of Colorado and

Nebraska applied for admission to the Union. Congress voted to admit

both, but the President obstructed their entrance with his vetoes.

Congress, on reconsideration, admitted Nebraska, the objections of the

President to the contrary notwithstanding. Colorado was not so

fortunate, since her people had been so unwise as to prejudice their

cause by restricting the enjoyment of political rights by ingrafting

the word "white" into their fundamental law. By this mistake they

forfeited the favor of the "Radicals," who refused to champion their

cause against the President. Incidental to this, Congress ordained

that political rights should not be restricted in the Territories on

account of race or color.

The manifest evils of unrestricted Executive patronage--the bane of

American politics--early enlisted the efforts of the Thirty-ninth

Congress to provide a remedy. A bill to regulate appointments to and

removals from office was introduced by Mr. Henderson into the Senate

near the close of the first session, and referred to the Committee on

the Judiciary, but never saw the light as an act of Congress.

The President's power of removal and appointment having been

unsparingly used during the recess of Congress, the country became

convinced that a remedy should be applied which would be effectual for

time to come. On the first day of the second session, Mr. Williams

brought before the Senate a bill to "regulate the tenure of offices,"

which was subsequently referred to the joint Committee on

Retrenchment. On the 10th of December Mr. Edmunds, chairman of this

committee, reported the bill to the Senate, with amendments. In

bringing forward the measure, Mr. Edmunds asserted that they were

acting in no spirit of hostility to any party or administration

whatever, but for "the true republican interest of the country under

all administrations, and under the domination of all parties in the

growth before the nation in the future." After grave consideration and

protracted discussion in both houses of Congress, the bill was passed

near the close of the session. On the 2d of March the bill encountered

the veto of the President, who saw in the measure serious interference

with the ability of the Executive to keep his oath to preserve,

protect, and defend the Constitution of the United States. The bill

was immediately passed over the veto without debate.

The act thus passed provides that officers appointed by and with the

advice and consent of the Senate shall hold their offices until their

successors are in like manner appointed and qualified. Members of the

Cabinet hold their offices during the term of the President by whom

they are appointed, and for one month thereafter, subject to removal

by consent of the Senate.

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