CHAPTER XVIII.

The changes in the Senate on the 4th of March, 1869, were notable in

the character both of the retiring and incoming members.

--Hannibal Hamlin of Maine, entered the Senate for the fourth time.

His first election in 1848, to fill out the term of ex-Governor

Fairfield, was for three years. He resigned at the close of his second

term to accept the governorship of his State, and midway in his third

term he was promoted to the Vice-Presidency. From his earliest

participation in public life Mr. Hamlin enjoyed an extraordinary

popularity. Indeed, with a single exception, he was never defeated for

any office in Maine for which he was a candidate. In the great Whig

uprising of 1840 he was the Democratic candidate for Congress in the

Penobscot district, and was beaten by Elisha H. Allen, afterwards

widely known as Chief Justice of Hawaii and Minister from that kingdom

to the United States. The candidates were warm personal friends before

and after the contest.

--Matthew H. Carpenter succeeded Mr. Doolittle as senator from

Wisconsin. He was forty-five years of age and had gained high

reputation as a lawyer. He had become well known at the National

Capital by his appearance in the Supreme Court, and from his employment

by Secretary Stanton, during the war, in some government cases of

importance. He was a native of Vermont, but his active career was in

the North-West. His ambition as a lad was for the army; and he spent

some time at West Point, but left without graduating, and devoted

himself to the law. He completed his studies in the office of Mr.

Choate in Boston, and began the practice of his profession in

Wisconsin. Not long after his settlement in his new home, he lost his

sight from over-use of his eyes in study, and for a period of three

years was entirely blind. Judge Black, his intimate friend and

eulogist, believed that this appalling calamity wrought Mr. Carpenter

great good in the end: "It elevated, refined, strengthened all his

faculties. Before that time much reading had made him a very full man:

when reading became impossible, reflection digested his knowledge into

practical wisdom. He perfectly arranged his storehouse of facts and

cases, and pondered intently upon the first principles of jurisprudence."

His service in the Senate may rather be termed brilliant than useful.

The truth is that Mr. Carpenter attempted to do what no man can

accomplish: he tried to maintain his full practice at the bar, and

discharge his full duties as senator at the same time. His strength

was not equal to the double load. He was endowed with a high order

of ability. If he had given all his time to the Senate, or all to the

Bar, he would have found few peers in either field of intellectual

combat. Aside from the weight of his argument, his manner of speech

was attractive. He had an agreeable voice, precisely adapted in

volume and tone to the Senate Chamber. He was affluent in language,

graceful in manner, and, beyond all, was gifted with that quality--rare,

indefinable, but recognized by every one--which constitutes the orator.

--Carl Schurz now took his seat as a senator from Missouri. He was

born a Prussian subject, and had just completed his fortieth year. He

had been well educated in the gymnasium at Cologne, and in a partial

course at the university of Bonn. Though retaining a marked German

accent, he quickly learned to speak English with fluency and eloquence,

and yet with occasional idiomatic errors discernible when he words are

printed. He took active part before German audiences, for Frémont, in

the Presidential canvass of 1856, and began to make public addresses in

English in 1858, when he espoused the cause of Mr. Lincoln in the

famous contest with Douglas. He was widely sought as a speaker in both

of Mr. Lincoln's contests for the Presidency, 1860 and 1864. In the

latter year he was especially forcible, attractive, and effective.

Subsequently he fell off, apparently in strength, certainly in

popularity. As a lecturer he lost his hold upon the lyceum, and as a

political orator he began to repeat himself, not merely in sense but in

phrase. As a senator he did not meet the expectation of his friends.

His failure was in large part due to the fact that he has not the power

of speaking _extempore_. He requires careful and studious preparation,

and has never attained the art of off-hand parliamentary discussion,

which Colonel Benton likened to "shooting on the wing." So deficient

is Mr. Schurz in this talent, that he has been known to use a

manuscript in an after-dinner response, a style of speech whose chief

merit consists in its spontaneity, with apt reference to incidents

which could not possibly be foreseen.

The loss of Mr. Schurz's popularity--a popularity that was very marked

in the earlier period of his career--is due in part to certain unsteady

and erratic tendencies, some of which are in strong contrast with

characteristics that are recognized as belonging in an especial degree

to his race. Through all the centuries since Tacitus drew his vivid

picture of the habits and manners of the Germans, their attachment, it

might almost be called their passion, for home, has been a marked and

meritorious feature of their character. To Fatherland first, and then

to whatever country fate or fortune may draw them, their devotion is

proverbial. This admirable trait seems altogether wanting in Mr.

Schurz. When he left Germany he lived for three years in other

countries of Europe,--first in Switzerland, then in France, then in

England. In 1852 he came to America, and resided first in

Pennsylvania, then in Wisconsin, then in Michigan, then in Missouri,

and then in New York. He has not become rooted and grounded anywhere,

has never established a home, is not of any locality or of any class,

has no fixed relation to Church or State, to professional, political,

or social life, has acquired none of that companionship and confidence

which unites old neighbors in the closest ties, and give to friendship

its fullest development, its most gracious attributes.

The same unsteadiness has entered as a striking feature in the public

career of Mr. Schurz. The party he upheld yesterday met with his

bitterest denunciations the day before, and to-morrow he will support

the political organization of whose measures he is the most merciless

censor to-day. He boasts himself incapable of attachment to party, and

in that respect radically differs from the great body of his American

fellow-citizens. He cannot even comprehend that exalted sentiment

of honorable association in public life which holds together successive

generations of men,--a sentiment which in the United States causes

the Democrat to reverence the memory of Jefferson and Jackson and

Douglas, which causes his opponent to glory in the achievements of

Hamilton and Clay and Lincoln; a sentiment which in England has bound

the Whigs in a common faith and common glory, from Walpole to

Gladstone, and their more conservative rivals in a creed of loyalty

whose disciples, from Bolingbroke to Beaconsfield, include many of the

noblest of British patriots.

For these party associations, to whose influence, under the restraint

of intelligent patriotism, the wisest legislation is due, Mr. Schurz

has neither approbation nor appreciation. He aspires to the title of

"Independent," and has described his own position as that of a man

sitting on a fence, with clean boots, watching carefully which way he

may leap to keep out of the mud. A critic might, without carping,

suggest that it is the duty of an earnest man to disregard the

bespattering which fidelity to principle often incurs, and that a

beaten path to safe place for one's self is not an inspiring or worthy

object of statesmanship.

Nor is Mr. Schurz's independence of party more pronounced or more

complete than his independence of true American feeling. He has

taken no pride in appearing under the simple but lofty title of a

citizen of the United States. He stands rather as a representative

German-American. He has made his native nationality a political resource,

and has thereby fallen short of the full honor due to his adopted

nationality. The large body of American citizens of German birth are

intensely attached to their new home, and seek the most complete

identification of themselves and their descendants with the development

and destiny of the Great Republic. This is wise, and is in accordance

with the best traditions and best aspirations of the Teutonic race.

But to Mr. Schurz the Republic is not great! "This country," said he,

in his Centennial lecture, "is materially great, but morally small."

--Allen G. Thurman came suddenly into prominence in 1867. He was the

Democratic nominee for Governor of Ohio against Rutherford B. Hayes.

For the three years immediately preceding his candidacy the Republican

majorities in the State had averaged nearly 45,000, while in 1863

Vallandingham had been beaten by 101,699. Without premonition or

visible cause, in an election for State officers only, and not for

representatives in Congress, the total vote of 1867 proved to be larger

than had ever been cast in the State, while the majority of General

Hayes was less than three thousand. The Legislature was carried at the

same time by the Democrats, and it proved that Mr. Thurman had lost

the Governorship only to be promoted at once to the United-States

Senate. The political revolution was as remarkable in character as it

was sudden in time. Ohio had shown profound loyalty to the Union and

an enthusiastic support of all measures for its preservation. Mr.

Thurman had run counter to the principles and prejudices of a large

number of the people of Ohio by his bitter hostility to the war, and

yet he now received a larger popular vote than had ever before been

given even to a Republican candidate, except in the year 1863 when so

many Democrats repudiated Vallandingham.

It was at the full maturity of his powers, in the fifty-sixth year of

his age, that Mr. Thurman took his seat in the Senate, March 4, 1869.

He had been chosen a representative in Congress for a single term

twenty-five years before, and had afterwards served a full term on the

Supreme Bench of Ohio, the last two years as Chief Justice of the

court. He was not therefore an untried man, but had an established

reputation for learning in the law, for experience in affairs, for

intellectual qualities of a high order. During the long interval

between his service in the House and his installment in the Senate

the relation of political parties had essentially changed. Mr. Thurman

had changed with the times and with his associates. When he took his

seat in the Twenty-ninth Congress the issue in regard to the extension

of slavery in the Territories was beginning to enlist public interest.

The first impulse of all the representatives from that extensive and

opulent domain, which had been saved from the blight of slavery by the

Ordinance of 1787, was to aid in extending a similar blessing to all

other Territories of the United States. With the exception of Stephen

A. Douglas and John A. McClernand of Illinois, and John Pettit of

Indiana, all the Democratic representatives from the four North-western

States (Ohio, Indiana, Illinois, and Michigan) voted for the

anti-slavery proviso offered by Mr. Wilmot. Mr. Douglas, discerning

the future more clearly than his party associates, realized that the

chief strength of the Democracy must continue to lie in the South, and

that an anti-slavery attitude on the part of the North-western

Democrats would destroy the National prestige of the party and lead to

its defeat. The Democratic supporters of the Wilmot Proviso had

therefore choice of two paths: they must abandon their anti-slavery

attitude or they must leave the party. Mr. Thurman adhered to his

party. With this exception, his political course has been one of

unswerving constancy and fidelity to all the extreme demands and

severe creeds imposed upon the Democracy by the South. His Virginia

birth, his rearing within the lines of the old Virginia Military

reservation in Southern Ohio, his early associations with kindred and

his friends, all contributed to his education as a Democrat. He

naturally grew to strong influence with his associates, and when he

came to the Senate was entitled to be considered the foremost man of

his party in the Nation.

His rank in the Senate was established from the day he took his seat,

and was never lowered during the period of his service. He was an

admirable disciplined debater, was fair in his method of statement,

logical in his argument, honest in his conclusions. He had no tricks

in discussion, no catch-phrases to secure attention, but was always

direct and manly. His mind was not pre-occupied and engrossed with

political contests or with affairs of state. He had natural and

cultivated tastes outside of those fields. He was a discriminating

reader, and enjoyed not only serious books, but inclined also to the

lighter indulgence of romance and poetry. He was especially fond of

the best French writers. He loved Molière and Racine, and could quote

with rare enjoyment the humorous scenes depicted by Balzac. He took

pleasure in the drama, and was devoted to music. In Washington he

could usually be found in the best seat of the theatre when a good play

was to be presented or an opera was to be given. These tastes

illustrate the genial side of his nature, and were a fitting complement

to the stronger and sterner elements of the man. His retirement from

the Senate was a serious loss to his party--a loss indeed to the body.

He left behind him pleasant memories, and carried with him the respect

of all with whom he had been associated during his twelve years of

honorable service.

--William G. Brownlow, a quaint and eccentric man, took his seat as

senator from Tennessee. He was in the sixty-fourth year of his age,

and in impaired health. He was born in South-western Virginia in the

wild and mountainous region adjacent to the borders of three other

States. In early life he was a Methodist preacher of peculiar

earnestness and force, with special adaptations to the people among

whom his ministry lay. To his Church he always retained an intense

attachment and devotion. In his later years he published a work on

Methodism, under the strange title of "The Iron Wheel examined, and its

False Spokes extracted." He came into public and general notice as the

editor of the Knoxville _Whig_, which, though printed in the mountains

of Tennessee when facilities of communication were restricted, attained

wide circulation and influence. Its editor was known as "Parson"

Brownlow, a _sobriquet_ which attached to him through life. His paper

was strongly anti-Jackson, warmly espoused the cause of Mr. Clay, and

was distinguished in its editorials by a treatment of public questions

so original that for nearly a quarter of a century it was known and

quoted by the journals of the whole country.

But the odd and humorous editor, hitherto notorious for his partisan

intensity and for the extravagance of his diction, was suddenly

transformed into a moral hero. When the wild movement for secession

swept over Tennessee, and carried with it even such men as John Bell,

Brownlow took his stand for the Union. Threats could not move him,

persecution could not break him, the prison had no terrors for him.

His devotion to the National cause did not mean simply the waving of

the flag and the delivery of patriotic orations; it meant cold and

hunger, separation from his family, loss of property, possibly loss

of life. He endured all, and faced his bloodthirsty enemies with a

courage superior to their own. He won their respect by his brave

resistance, and was finally released from jail and banished from the

Confederacy. He came North, and remained until the progress of the

National arms enabled him to return to his home. His patriotic

devotion was rewarded by the boundless confidence of the loyal people

of Tennessee. At the close of the war he was chosen Governor, and was

now promoted to the Senate of the United States--too late for the

exertion of his once strong mental qualities, but early enough to

testify by his presence the triumph of loyalty and manhood in the

bloody strife through which he had passed.

--Thomas F. Bayard, who entered the Senate at the opening of the

Forty-first congress, was little known to the public, except as a member

of a family which had been for a considerable period prominent in the

political affairs of Delaware. His service in the Senate has been

remarkable for one leading characteristic,--the power, or the

accidental fortune, to create a public impression as to his career

precisely the reverse of its actual history. The illustrations are

many:--

In financial circles Mr. Bayard has been held as a fair and

conservative exponent of sound views, a jealous guardian of the public

credit. As matter of fact, he joined in a political crusade to enforce

the payment of the National debt in depreciated paper money, and almost

the first vote he ever gave in the Senate was against the bill

declaring the National debt to be payable in coin. He voted to except

specifically the fifteen hundred millions of 5-20 bonds from coin

payment, argued earnestly in favor of taxing the bonds of the

Government, refused to support the bill for the resumption of specie

payments, and united with others in a National movement to repeal the

Act after it had been for a considerable period in operation.

On the Southern question, in all its phases, Mr. Bayard has been

proclaimed by his supporters as calm, considerate, and just. In truth

he has gone as far as the most rancorous rebel leader of the South,

touching the Reconstruction laws and the suffrage of the negro. In the

Forty-second Congress, in an official report on the condition of the

South, Mr. Bayard joined with the minority of the committee in the

distinct avowal that negro suffrage would practically cease when the

Republican party should be defeated. These are the exact words in

which Mr. Bayard concurred: "_But whenever that party (the Republican)

shall go down, as go down it will at some time not long in the future,

that will be the end of the political power of the negro among white

men on this continent_." When Mr. Bayard united with other Democrats

in this declaration the right of the negro to vote had already been

protected by an Amendment to the Constitution. His language was,

therefore, a distinct threat to override the Constitution in order to

strip the negro of the political power which the Constitution had

conferred upon him. This threat was so serious and so lawless that it

should have received more attention than was bestowed upon it when

first put forth. It was not uncommon to hear brazen defiance of

Constitutional obligations from Southern speakers addressing Southern

audiences for mere sensational effect. But his was an announcement

made in the Senate of the United States, not hastily and angrily in the

excitement of debate, but with reflection and deliberation, in an

official report which had been studied for months and subscribed to in

writing by Mr. Bayard.

The common apprehension assigns to Mr. Bayard a high standing at the

bar and positive rank as a man of culture. As a lawyer Mr. Bayard has

doubtless cherished no ambition as he has attained no prominence, while

in point of education he never enjoyed facilities beyond those of the

common school or the private academy. Originally destined for

mercantile life, he did not receive in his early years the benefit of

liberal training; nor did his tastes lead him into any special personal

pursuit of literature or science, or even into a close, careful study

of the history of his own country,--a study which would have exempted

his public career from some of his more notable mistakes.

For obvious reasons Mr. Bayard has acquired exceptional popularity in

the South, and especially with Southern men in Congress. When those

who participated in the Rebellion were freed from their disabilities

and regained their old seats in the Senate and House, they found Mr.

Bayard in position, and they naturally accepted him as a leader. It

was fresh in the memory of these men that Mr. Bayard's friendship for

them had been constant and unremitting; that even in the fatal folly

and wrong of secession in 1861 they had his sympathy, to such an extent

that he advocated in a public speech the policy of permitting them to

separate peacefully from the Union. He spoke earnestly against the use

of the National power to hold these States to their duty as members of

a common government, and expressed the belief that it would be better

to have two republics, than to have one strong enough to command

respect for its laws and to enforce obedience at the cannon's mouth.

The avowal of these opinions north of the National Capital was greater

aid to the Southern conspirators than if Mr. Bayard had openly joined

their councils or expended his valor in the ranks of their army.

It was evidently not deemed prudent by Mr. Bayard to repeat his

disunion views. After Fort Lafayette, at Mr. Seward's command, had

opened its doors to men who publicly expressed disloyal sentiments in

the North, Mr. Bayard gave to the rebellion the benefit of his silence.

The great struggle went on; myriads of patriots stepped to the ranks of

the Union Army; the people were fired with love of country; from every

loyal platform and every loyal pulpit rang out words of faith and hope

for the cause and for its brave defenders. But Mr. Bayard's silence

was unbroken even by the thunders of Gettysburg almost within sound of

his home, or by the closing and complete triumph of the National arms.

He had spoken words of sympathy and encouragement to the enemies of the

Union. He never uttered a word of cheer for its friends.(1)

The organization of Governor Fenton's friends in New York, which had

failed to secure him the nomination for Vice-President at the Chicago

Convention, was strong enough to elect him to the Senate, even against

so worthy a competitor as Governor Morgan, who had the advantage of

being in the seat. It was a strong attestation of Mr. Fenton's

strength in his own State.--William A. Buckingham, whose distinction

as War Governor of Connecticut reached far beyond the limits of his

State, was now promoted to a seat in the Senate.--Daniel D. Pratt,

afterwards Commissioner of Internal Revenue, appeared from Indiana as

the successor of Thomas A. Hendricks.--John Scott, whose father had

been a representative in Congress, succeeded Mr. Buckalew as senator

from Pennsylvania. Mr. Scott had taken little part in politics, and

had been altogether devoted to his profession as a lawyer; but his

service in the Senate was distinguished by intelligence and fidelity.

No man wrought so effectively in exposing the condemnation of public

opinion the evil work of the Ku-Klux organizations in the South. At

the close of his term he returned to the practice of law, and was

honored by the appointment of chief solicitor to one of the largest

corporations in the world--the Pennsylvania Railroad Company.--Thomas

C. McCreery took his seat as senator from Kentucky. Originally a

lawyer, he had for many years devoted his attention to farming. He had

acquired prominence in his party by carefully preparing and accurately

committing to memory a political oration each year, which he delivered

at the Democratic State Convention. He was an upright, good-natured

man, with extreme Democratic views always amiably expressed.--John P.

Stockton, who was deprived of his seat three years before under

circumstances which seemed to impose a hardship upon him, now entered

with undisputed credentials from New Jersey.

The senators first admitted from the reconstructed States were about

equally divided between native Southerners and those who had gone from

the North at the close of the war; but all were Republicans except one

in Virginia and one in Georgia. John F. Lewis and John W. Johnston

were natives of the state, belonging to old and influential families.

The former was a Republican; the latter a Democrat.--In North Carolina,

John Pool was an old Whig, prominent in the politics of his State

before the war. Joseph C. Abbot was from New Hampshire, a

Brigadier-General in the Union Army.--Thomas J. Robertson of South

Carolina was a native of the State, and Frederick A. Sawyer was from

Massachusetts, but had lived in the State since 1859.--Joshua Hill and

Thomas M. Norwood of Georgia were both Southern men by birth. Mr. Hill

was a representative in the Thirty-fifth and Thirty-sixth Congresses,

and when the State seceded refused to resign. He joined the

Republican party after the war. Mr. Norwood entered the Senate as a

Democrat.--Thomas W. Osborn and Abijah Gilbert, senators from Florida,

were both from the North, the former a native of New Jersey, the latter

of New York.--The senators from Alabama, Willard Warner and George E.

Spencer, the former born in Ohio, the latter in New York, were both

officers of the Union Army.--Hiram R. Revels and Adalbert Ames were the

senators from Mississippi. The former was born in the South. The

latter was born in Maine, was a graduate of West Point and became highly

distinguished as an officer in the war.--John S. Harris and William

Pitt Kellogg were senators from Louisiana. The former was a native of

New York. The latter was born in Vermont, but had long resided in

Illinois. He served in the Union Army with the rank of Colonel in the

Donelson and Shiloh campaigns under General Grant.--The senators from

Texas, Morgan C. Hamilton and J. W. Flanagan, were both natives of

the State and long domiciled in Texas.--Of the Tennessee senators one

was born in the South and one in the North.

The representation of the Southern States being complete in both Houses

before the close of the first session of the Forty-first Congress, an

impartial estimate could be made of the strength and capacity of the

men who were opprobriously designated in the South either as

Carpet-baggers or Scalawags. It was soon ascertained that the unstinted

abuse heaped upon them as a class was unjust and often malicious. The

large proportion, and notably those who remained in Congress beyond

two years, were men of character and respectability, in many cases

indeed of decided cleverness. But their misfortune was that they had

assumed a responsibility which could be successfully discharged only

by men of extraordinary endowments. If any considerable number of them

had been gifted in a high degree as orators, they would have had great

advantages among a people who rate mere eloquence above its true value.

If any of them had been men of large fortune (invested in Southern

property), and able to make lavish expenditure, they could have

produced a deep impression upon a people more given to admiration of

mere wealth than the people of the North. But of the entire list of

Republican senators and representatives from the reconstructed States,

there was not one who was regarded as exceptionally eloquent or

exceptionally rich; and hence they were compelled to enter the contest

without personal prestige, without adventitious aid of any kind. They

were doomed to a hopeless struggle against the influence, the

traditions, the hatred of a large majority of the white men of the South.

The Fifteenth Article of Amendment to the Constitution, now pending and

about to be adopted, would confirm the colored man's elective franchise

and add the right of holding office. One of the senators just admitted

from Mississippi in advance of the ratification of the amendment

(Hiram R. Revels) was a colored man of respectable character and

intelligence. He sat in the seat which Jefferson Davis had wrathfully

deserted to take up arms against the Republic and become the ruler of a

hostile government. Poetic justice, historic revenge, personal

retribution were all complete when Mr. Revels' name was called on the

roll of the Senate. But his presence, while demonstrating the extent

to which the assertion of equal rights had been carried, served to

increase and stimulate the Southern resistance to the whole system of

Republican reconstruction. Those who anxiously and intelligently

studied the political situation in the South could see how unequal

the contest would be and how soon the men who organized the rebellion

would again wield the political power of their States--wield it

lawfully if they could, but unlawfully if they must; peaceably if that

would suffice, but violently if violence in their judgment became

necessary.

President Grant had scarcely taken a step in the duty of administration

before he realized that as soon as the current session of Congress

should terminate his hands would be completely tied, respecting the

removal and appointment of Federal officers, by the Tenure-of-office

Act. With his prompt and determined mode of procedure he caused it

to be known to Republican senators and representatives that so long as

the statute was in force he would simply stand still in the matter of

appointments and permit the incumbents to remain in position, except

where flagrant misconduct should call for suspension under the law.

This position was startling to all those who were desirous of securing

the appointment of political favorites, who in a party sense had

earned their reward and were waiting to receive it. There was a

general desire to remove the men whom President Johnson had forced

into office before the restraining Act was passed. But General Grant

was resolved that neither he nor the members of his Cabinet would go

through the disagreeable and undignified process of filing reasons for

suspending an officer, when in fact no reason existed aside from

obnoxious political opinion. The Republican members of both branches

quickly perceived that tying the hands of a hostile President like

Andrew Johnson afforded more satisfaction than the same process applied

to a friendly President like General Grant.

It was therefore determined by the Republicans to escape from their

embarrassment, even at the expense of an inconsistency which could but

prove humiliating to them. On the 9th of March, just five days after

Andrew Johnson had left the Presidency, General Butler introduced in

the morning hour of the House, a bill of two lines, absolutely

repealing the Tenure-of-office Act, for a constructive violation of

which he had ten months before urged the impeachment of President

Johnson and his expulsion from office. The standing committees had

not yet been announced; and therefore without reference or a moment's

debate or consideration of the measure, General Butler demanded the

_previous question_, which was sustained, and under a call of the

_ayes_ and _noes_, the bill was passed by 138 to 16. The small

minority was composed of Republicans. The Democrats, who had solidly

voted against the Tenure-of-office bill two years before, voted now

with entire consistency for its repeal, and with them also, in solid

ranks, voted the men who, in the preceding Congress, had clamored most

loudly for Johnson's decapitation.

When the bill reached the Senate, there was a disposition on the part

of some leading members of that body to pass it as promptly as it

had been passed by the House. Mr. Morton urged that it be put on its

passage without referring it; but the Senate was not prepared for such

haste, and on motion of Mr. Trumbull, the Bill was sent to the

Judiciary Committee. That Committee reported it without delay to the

Senate, with an amendment in the form of a substitute. The House bill

was a simple repeal in the fewest possible words. The Judiciary

Committee now proposed that instead of an absolute repeal, the

Tenure-of-office Act "be, and the same is, hereby suspended until the

next session of Congress."

This was a lame and impotent conclusion, and did not commend the

support or even the respect of the Senate. Mr. Thurman, a member of

the committee that reported it, made haste to announce that he had

not approved it. He treated the proposition for suspension as a

practical confession that the Tenure-of-office Act "is to be enforced

when it will have no practical effect, and is not to be enforced when

it would have practical effect." The chief defenders of the

proposition to suspend the Act were Mr. Trumbull, Mr. Edmunds, and Mr.

Schurz. Mr. Edmunds, pressed by Mr. Grimes to furnish a good reason

for suspending the Act, replied that "owing to the peculiar

circumstances that have attended the last administration, it is

desirable that there should be an immediate and general removal of the

office-holders of the country as a rule; and as an agency of that

removal, subject to our approval when we meet again in confirmation

of their successors, these bad men being put out, we are willing to

trust this Executive with that discretion."

Coming from a senator of the United States, this declaration was

regarded as extraordinary. The "bad men" to whom Mr. Edmunds

referred were the appointees of President Johnson, and every one of

them had been confirmed by the Senate of the United States when the

Republicans had more than two-thirds of the body. If these appointees

were "bad men," why, it was pertinently and forcibly asked by the

aggrieved, did not Mr. Edmunds submit proof of that fact to his

Republican associates and procure their rejection? He knew, the

accused men declared, as much about their character when their names

were before the Senate, as he knew now when he sought, behind the

protection of his privilege, to brand them with infamy. To permit

them to be confirmed in the silence and confidence of an executive

session, and then in open Senate, when their places were wanted for

others, to describe them as "bad men," seemed to them a procedure

not to be explained on the broad principles of statesmanship, or

even on the common law of fair dealing.

Mr. Schurz was as anxious as Mr. Edmunds to give the President full

power to remove the office-holders. He declared that he "would be

the last man to hamper the President in the good work of cleaning out

the Augean stable, which he is now about to undertake." He was sure

that "the rings must be broken up," that "the thieves must be driven

out of the public service." He eulogized President Grant as especially

fit for the work. "We have," said he, "a President who is willing to

do what we and the country desire him to do." Mr. Schurz expressed

at the same time his "heartfelt concern" regarding a rumor that the

President was very sensitive touching the proposition reported by the

Judiciary Committee, and that "he will make no removals unless the

civil-tenure bill be repealed instead of being suspended." Mr. Schurz

was sure that "on all the great questions of policy the President and

Congress heartily agree," and he condemned "the attempts made to sow

the seeds of distrust and discord." It is somewhat amusing as well as

instructive to recall that in a little more than two years from that

time, when nearly all the appointees of President Johnson had been

turned out of office, Mr. Schurz began work again at "the Augean

stable," now locating it in the Grant administration, and demanding

that it should be cleansed, that "the rings" should be broken up, that

"the thieves must be driven out of the public service." He imputed

to President Grant's administration even greater corruption than he had

charged upon the administration of his predecessor, and from his

ever-teeming storehouse lavished abuse with even a more generous hand

upon the one that he had upon the other.

The amendment of the Judiciary Committee providing for a suspension of

the law until Congress should meet again--a period of about eight

months--was so objectionable that it won no substantial support from

senators. There was something so baldly and shamelessly partisan in

the proposition to suspend the Act just long enough to permit President

Grant, without obstruction or encumbrance, to remove the Democrats

whom President Johnson had appointed to office, that the common

instinct of justice, and even of public decency, revolted. The Tenure-

of-office Act was either right or wrong, expedient or inexpedient,

Constitutional or unconstitutional, and it was easy to see that men

could honestly differ as to its character in these respects. But it

was impossible to comprehend how a candid legislator could maintain

the Constitutionality and expediency of the Act, and then propose to

suspend it for that specific period of General Grant's administration,

when, if needed at all, it would be most needed. Within eight months

next ensuing the President would probably make more removals and

appointments than for the remainder of his term, and it was just for

this period that Mr. Trumbull, Mr. Edmunds, and Mr. Schurz urged that

the law be made inoperative,--inoperative in order that removals of

Democratic office-holders for good cause, and for no cause except that

they were Democrats, might in every way be expedited.

It was soon perceived that if the question before the Senate should be

reduced to a choice between suspension of the Act or to total repeal,

there was a danger that the majority would vote for repeal. To avert

that result, Mr. Edmunds asked to withdraw the proposition, and it was

accordingly recommitted to the Judiciary Committee on the 23d of March.

On the next day Mr. Trumbull reported a substitute for the existing

law, and the Senate, after brief discussion, agreed to it by _ayes_ 37,

_noes_ 15. The amendment seemed to be ingeniously framed to destroy

the original Act and yet appear to maintain it in another form. The

senators apparently wished to gratify General Grant and promote their

own purposes by rendering the removal of President Johnson's appointees

easy, and at the same time avoid the inconsistency involved in the

repeal of a law for whose enactment they had so strenuously contended

only two years before.

The first modification of the original Act, as embodied in the Senate

amendment, was to relieve the President altogether from the necessity

of filing charges against an officer whom he desired to suspend. In

the second place, all provisions of the original law authorizing the

Senate to pass specific judgment on the propriety of the suspension

and declaring that if the Senate did not approve the President's act

the person suspended should "forthwith" resume his office, were now

abandoned. The President was left at liberty to suspend any officer

without assigning a cause, and to nominate his successor. If the

nomination should be rejected, another might be made, and another,

and another, until the Senate should confirm. If the Senate should

stubbornly reject all the nominations and the session of Congress end

without a confirmation, then, in that remote and highly improbably

event, the suspended officer, according to the proposed law, should be

restored to his place. The substance of the original Act was gone,

but the Senate sought shelter from its record of inconsistency under

the small shadow of this distant and hypothetical restoration of the

suspended officer.

But the House would not consent that even the small shadow should

remain. Representatives well knew that it was not agreeable to

President Grant that any authority should be retained by the Senate

whereby an obnoxious officer could in any event be kept in place

against his wishes, and they were in hearty accord with him. The

House had always been jealous of the power of the Senate over

appointments to office, and but for the desire to punish President

Johnson the representatives would never have consented to the

Tenure-of-office Act. They were now determined, if possible, to strip

the Senate of its great aggrandizement of power. The feeling of many

members of the House was to sustain an amendment offered by General

Logan directing that "all civil offices, except those of judges of

the United-States courts, filled by appointment before the 4th of

March, 1869, shall become vacant on the 30th of June, 1869." This

would have been a wholesale removal beyond any scheme attempted since

the organization of the Government; but it was not deemed wise even

to bring it to a test, and the House contented itself with the

rejection of the Senate amendments by a decisive vote.

The subject was then referred to a Conference Committee, consisting

of Messrs. Trumbull, Edmunds, and Grimes of the Senate, and Messrs.

Benjamin F. Butler, C. C. Washburn, and John A. Bingham of the House.

The Bill reported by this committee to both Houses is the present law

on the subject.(2) Mr. Trumbull, in making the report, gave this

assurance to the Senate: "As the Committee of Conference report the

bill, the suspended officer would go back at the end of the session

unless somebody else was confirmed in the place." On the same day in

the House, in answer to a pressing question from Mr. Hoar of

Massachusetts, Mr. Bingham expressed the opinion that "no authority

without the consent of the President can get a suspended officer back

into the same office again." General Butler, another of the House

conferees, said: "I am free to say that I think this amendment upon

the question of removal and re-instatement of officers leaves the

Tenure-of-office Act as though it had never been passed, so far as

the power of the President over the Executive officers is concerned."

It was certainly an extraordinary spectacle, without precedent or

parallel, that the report of the conference should have one meaning

assigned to it in the Senate, and a diametrically opposite meaning

assigned to it in the House, and that these antagonistic meanings

should be made on the same day, and put forth by the conferees whose

names were attached to the report. Such a legislative proceeding

cannot be too strongly characterized.

But the popular understanding among Democrats and Republicans alike

was that the Tenure-of-office Act had been destroyed, and that Mr.

Trumbull's technical construction of the amendment was made merely to

cover the retreat of the Senate. By the new enactment, the provisions

which had led to the dispute between President Johnson and Congress

were practically extirpated; and thus a voluntary confession was

recorded by both Senate and House that they had forced an issue with

one Executive on an assumed question of right, which they would not

attempt with his successor. The members of the present House who in

the preceding Congress had voted to impeach the President, and the

great mass of the senators who voted to convict him, now voted to blot

out the identical clause of the Act under which they held the President

to be deserving of removal for even venturing to act upon his own fair

construction of its meaning. With all the plausible defenses that can

be made for this contradictory course, the fact remains that the

authors of the law precipitately fled from its enforcement the moment

a President with whom they were in sympathy was installed in office.

They thereby admitted the partisan intent that had governed the

enactment, just as they admitted the partisan intent that now led to

the practical repeal. Casting off all political disguises and

personal pretenses, the simple truth remains that the Tenure-of-office

Law was enacted lest President Johnson should remove Republican

office-holders too rapidly; and it was practically repealed lest

President Grant should not remove Democratic office-holders rapidly

enough.

While President Grant did not find himself in the least degree

embarrassed by the Tenure-of-office Act as amended, he did not

surrender his hostility to its existence in any form whatever. In his

first annual message (nine months after the legislation just narrated)

he earnestly recommended its total repeal. "It could not," said the

President, "have been the intention of the framers of the Constitution,

when providing that appointments made by the President should receive

the consent of the Senate, that the latter should have the power to

retain in office persons placed there by Federal appointment against

the will of the President. _The law is inconsistent with a faithful

and efficient administration of the Government. What faith can an

Executive put in officials forced upon him, and those, too, whom he

has suspended for reason?_ How will such officials be likely to serve

an Administration which they know does not trust them?"

The President was evidently of the opinion that the doubtful and

contradictory construction of the Act as amended left the whole matter

(as described by Mr. Niblack of Indiana when the Committee report was

under consideration) "in a muddle;" with the inevitable result that

certain parties would be deceived and misled by the peculiarly tortuous

language which the Senate insisted upon introducing in the amendment.

The House had acted throughout in a straightforward manner, but the

most lenient critic would be compelled to say that the course of the

Senate was indirect and evasive. That body had evidently sought to

gratify the wishes of President Grant, on the one hand, and to preserve

some semblance of its power over appointments, on the other. It was

freely predicted at the time that so long as the Senate and the

President were in political harmony nothing would be heard of the

Tenure-of-office Act, but that when the political interests of the

Executive should come in conflict with those of the Senate there would

be a renewal of the trouble which had characterized the relations of

President Johnson and the Senate, and which led to the original

Tenure-of-office Act with its positive assertion of senatorial power

over the whole question of appointment and removal.

William Pitt Fessenden took part in the first session of Congress under

the Presidency of General Grant. It was his last public service. On

the eighth day of the following September (1869) he died at his

residence in Portland, Maine, in the sixty-third year of his age.

He was one of the many victims of that strange malady which, breaking

out with virulence at the National Hotel in Washington on the eve of

Mr. Buchanan's inauguration (1856-57), destroyed many lives. Its

deadly poison undermined the constitutions of some who apparently

recovered health. Of these Mr. Fessenden was one. He regained the

vigor that carried him through those critical years of senatorial work

on which his fame chiefly rests; yet he always felt that he had been

irreparably injured by the insidious attack. The irritability and

impatience which he occasionally displayed in public and in private

came undoubtedly from suffering which he bore with heroic endurance

through the years when his public burdens were heaviest.

--His death was announced by his successor, Lot M. Morrill, who

delivered an appreciate eulogy upon his character and public service.

Mr. Sumner bore testimony to the greatness of his career in the Senate.

"All that our best generals were in arms, Mr. Fessenden was in the

financial field," said the Massachusetts senator. Describing Mr.

Fessenden's "extraordinary powers in debate--powers which he commanded

so readily," Mr. Sumner said, "His words warmed as the Olympic wheel

caught fire in the swiftness of the race. If on these occasions there

were sparkles which fell where they should not have fallen, they cannot

be remembered now." This reference was well understood. Mr. Fessenden

and Mr. Sumner were never cordial. Members of the same party,

supporters of the same general measures, with perfect appreciation and

with profound respect each for the other, it seemed as impossible to

unite them cordially, as in earlier days it was to unite Adams and

Hamilton in the ranks of the Federalists.

--Mr. Fessenden had maintained a brilliant reputation for a long

period. When Mr. Webster, at the height of his senatorial fame, made

his celebrated tour through the Middle and Western States in 1837, he

selected Mr. Fessenden, a young man of thirty, as his traveling

companion,--selected him for his brilliancy, when he had choice of the

brilliancy of all New England. Mr. Garrett Davis, a senator from

Kentucky, in his eulogy of Mr. Fessenden, referred to Mr. Webster's

visit to that State, and described the warm greeting which Mr.

Fessenden received, the deep impression made upon him by Mr. Clay's

hospitality at Ashland, and the impression which the young man made

upon Mr. Clay, with whom he thenceforward became a marked favorite.

Mr. Davis and Mr. Fessenden met not long after as members of the House

in the Twenty-seventh Congress (under Harrison and Tyler). "Mr.

Fessenden at that time," said Mr. Davis, "was not only a young man of

eminent ability and attainments, but he was warm-hearted, frank,

honorable, eminently conscientious. His health was then good, and he

was always bright and genial: sometimes he showed the lambent play of

passion and of fire."

--His eulogies in both branches of Congress were many. Mr. Hamlin,

long his colleague, had been a student in his law office, and placed

him in the front rank of American senators. Mr. Trumbull presented

him as he was in 1855, when they first met in a Senate of sixty-two

members, of whom only fifteen were Republicans. Mr. Williams of Oregon

described him as "towering in mind among those around him, like Saul

in form among his countrymen." In the House, Mr. Lynch, from his own

city, gave the home estimate of Mr. Fessenden's character. Mr. Peters

eulogized him for his eminent professional rank; and Mr. Hale described

him as a man "who never kept himself before the people by eccentric

forces, and went in quest of no popularity that had to be bought by

time-serving." Words of tenderness and affection were spoken of him by

men whose temperament was as reserved and undemonstrative as his own.

--"A truer, kinder heart," said Henry B. Anthony, "beats in no living

breast than that which now lies cold and pulseless in the dead frame of

William Pitt Fessenden."

[(1) A few extracts from Mr. Bayard's speech of July 9, 1863, at Dover,

Del., will exhibit his spirit of disloyalty to the Union of the States.

Mr. Bayard said,--

"And is such a war necessary for the peace and happiness of the United

States? For half a century we have lived at peace with Great Britain,

with her Canadian possession upon our Northern border. Upon the South,

Mexico holds her government with no threats of trouble to us or our

citizens. _Why, then, may not two American confederacies exist side

by side without conflict, each emulating the other in the progress of

civilization?_ The coterminous kingdoms of Europe offer many examples

of similar peace and prosperity. _With such a sickening alternative as

civil war, why should not the experiment at least be made? It is this

question we are to pass upon to-day_." . . .

"If peace will restore and secure these blessings to the people of the

United States, even though a number of their former associates have

gone off under a new and independent organization, _in the name of

Heaven let us raise our voice for it!_ Shall this earnest cry for

peace be stifled at the bidding of a host of fanatical and cowardly

editors, aided by an army of greedy contractors and public leeches,

stimulating an ignorant mob to denounce and attack us as traitors and

secessionists?" . . .

"You and I are citizens of Delaware. _To her laws and government we

owe allegiance. Through our state we owe allegiance to the Federal

Government_, of which she is a member. But as State officials can

command us to no duty unknown to State laws, neither can a Federal

officer claim any authority over us in matters not within his

constitutional and legal control. _A palpable infraction of our

written charter of government_ by our rulers, justifies disobedience

upon the part of a citizen as much as lawful orders are entitled to

loyal compliance."

{But who, as Mr. Webster had asked Mr. Hayne thirty years before, was

to judge of "the palpable infraction of our written charter of

government?" Was it the Judicial department of that government? Or

was it Mr. Bayard and his disloyal associates in Delaware to whom he

was addressing words of hostility to the National Administration and

of infidelity to the Union of the States? It is significant that Mr.

Bayard acknowledged allegiance to the National Government _only as he

owed it through the State_. This was the rank heresy upon which the

leaders of the Southern rebellion sought their justification.}]

[(2) The full text of the Amendment to the Tenure-of-office Act will be

found in Appendix B.]

Twenty Years of Congress, Volume 2 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 18 / 30 章