CHAPTER XXIX.

During the latter years of General Grant's Presidency there had been

some suggestion of his election for a third term. The proposition,

however, did not meet with favor. Several State Conventions passed

resolutions declaring as a matter of principle that two terms should

be the limit for any President. General Grant himself discountenanced

the movement and eventually ended it for the canvass of 1876 by writing

a public letter announcing that he was not and would not be a candidate.

As the election of 1880 approached, the project was revived with every

evidence of a more deliberate design and a more determined and

persistent effort on the part of its chief promoters. General Grant

had just finished a memorable tour around the world, and had everywhere

been received with signal tributes of respect and admiration from the

rulers and people of foreign lands. The honors of all countries had

stimulated the pride of his own country. He returned to the Pacific

shore and traversed the whole continent with the welcome and acclaim of

the people whom he had so greatly served in war and peace. In the

flush of this popular enthusiasm some of the foremost men of the

Republican party united in a movement to make General Grant the

Republican candidate for President. A combination which included

Senators Conkling, Cameron and Logan, with their dominant personal

influence and political force, and which aimed at the consolidation of

the three great States of New York, Pennsylvania and Illinois,

presented a formidable front.

The leaders of the movement had to a certain extent misapprehended

public opinion. With all the respect and affection for the illustrious

commander of the Union armies, there was a deep and earnest feeling

against a third term. This sentiment was not personal to General

Grant. The contentions which had marked his Presidential career had

died away. The errors charged against him had been well-nigh

forgotten, and the real merits and achievements of his Administration

were better appreciated than at an earlier period. His absence from

the country for three years had softened whatever asperities had grown

out of political of factional differences, and had quickened anew the

grateful sense of his inestimable services in the war. There was no

fear that General Grant would abuse a trust, however frequently or

however long he might be invested with it. But the limit of two terms

had become an unwritten part of the code of the Republic, and the

people felt that to disregard the principle might entail dangers which

they would not care to risk. They believed that the example of

Washington if now reinforced by the example of Grant would determine

the question for the future, and assure a regular and orderly change of

rulers, which is the strongest guarantee against the approach of tyranny.

While it was altogether probable that the feeling among the people

against a third term would be stimulated by other aspirants to the

Presidency, it was altogether impossible that they could cause the

feeling. The interesting question at issue was whether the precedents

of the Government should be discredited. The National Convention was

to meet in June, but as early as February State Conventions were called

in Pennsylvania and New York to choose delegates, with the intention

of securing unanimity in favor of General Grant's nomination. The

rights of Congressional districts to select their own delegates had

been indirectly affirmed in the National Convention of 1876, when the

Unit Rule was overridden and the right of each individual delegate to

cast his own vote was established. But against this authoritative

monition the design now was to have the States vote as a unit, and

accordingly the Conventions in both the great States adopted

instructions to that effect. The opposition to this course was very

strong, the resolutions being carried in Pennsylvania by a majority of

only twenty, while in New York, in a total vote of three hundred and

ninety-seven, the majority was but thirty-eight. The delegations of

both States included men who were known to be opposed to General

Grant's nomination and who represented districts avowedly in accord

with that view, but it was hoped by the leaders that the assumption

of the State Conventions to pass instructions might control individual

judgment.

The action of the Pennsylvania and New York Conventions increased the

public agitation. A strong conviction that their proceedings had been

precipitated and did not reflect the true judgment of the Republican

masses was rapidly developed in both States. In New York the

_Tribune_, the _Albany Journal_, the _Utica Herald_ and other

influential papers led an earnest protest and opposition. In

Pennsylvania the _Philadelphia Press_, through the zeal of its chief

proprietor, Mr. Calvin Wells, a leading iron-manufacturer of Pittsburg,

seconded by other strong journals, gave voice to the decided and

growing public feeling against acquiescing in any attempt to prevent a

perfectly free representation. In the North-West the _Chicago

Tribune_, and in the middle West the _Cincinnati Commercial_, not only

resisted the mode of electing delegates in the large States but

directly and vigorously assailed the policy of presenting General Grant

for a third term. In the midst of this popular discussion came

explicit declarations from individual delegates in both States that

they would not be bound by any unit rule and should represent the will

of their immediate constituencies. William H. Roberson was the first

in New York to make public announcement of this purpose, and James

McManes of Philadelphia led the movement in Pennsylvania. The

opposition spread to other States that had not yet held their

conventions, in many of which the prevailing methods of party action

permitted more freedom.

One of the last States to act was Illinois, and her Convention became

the arena of a stormy contest. The majority in that body assumed

authority to elect all the National delegates without regard to the

voice or vote of Congressional districts; and after a long and

stubborn struggle it named a complete delegation, overriding in nine

of the districts the duly accredited choice of a clear majority of the

undisputed local representatives in each district. This proceeding

was justified on the one hand as only the exercise of the supreme

power of the State Convention, and condemned on the other as trampling

on the right of district representation; and thus the issue in its

most distinct form was brought before the National Tribunal for

settlement.

A large concourse of delegates and other active Republicans gathered in

Chicago in advance of the time appointed for the National Convention.

The assemblage is memorable in political annals for its large number of

able men, for its brilliant displays of oratory, for its long duration,

and for its arduous struggle. From the United States Senate came Mr.

Conkling, General Logan, George F. Hoar, J. Donald Cameron, Preston B.

Plumb, William Pitt Kellogg, and Blanche K. Bruce. Of the men soon to

enter the Senate were Benjamin H. Harrison of Indiana, Eugene Hale and

William P. Frye of Maine, William J. Sewall of New Jersey, Omar D.

Conger of Michigan, Dwight M. Sabin of Minnesota, and Philetus Sawyer

of Wisconsin. General Garfield, who already held his commission as

senator-elect, led the Ohio delegation, with Governor Foster and

Ex-Governor Dennison among his colleagues. Five of General Grant's

Cabinet Ministers were on the roll of the Convention,--Mr. Boutwell

of Massachusetts, Mr. Creswell of Maryland, Mr. George H. Williams of

Oregon, Mr. Edwards Pierrepont of New York, and Mr. Cameron (already

named with the senators). Among other delegates of distinction were

Chester A. Arthur of New York, Henry C. Robinson of Connecticut,

Governor Martin of Kansas, General Beaver and Colonel Quay of

Pennsylvania, William Walter Phelps of New Jersey, William E. Chandler

of New Hampshire, Emory A. Storrs of Illinois, Governor Warmoth of

Louisiana, Governor Henderson and J. S. Clarkson of Iowa, President

Seelye and Henry Cabot Lodge of Massachusetts. Probably no other

Convention since that which nominated Mr. Clay in 1844 has contained

a larger number of eminent public men.

The two men who from the first especially attracted observation were

Mr. Conkling and General Garfield. By intellectual force, by ardent

zeal and earnest advocacy, and by common recognition, Mr. Conkling was

the master spirit and became the acknowledged leader of those who

desired the nomination of General Grant. General Garfield bore little

part in the management, and was not there to represent the main body

of those who opposed General Grant's candidacy. But the anti-Grant

delegates, though divided as to candidates, naturally made common

cause, and in the parliamentary contests of the Convention the

personal and intellectual ascendency of General Garfield made him,

though in a less active and aggressive sense, the recognized leader of

the opposition. Around the two chiefs clustered the loyalty and the

expectations which are always associated with leadership, and the

appearance of each, day by day towering above his fellows, was the

signal for an outburst of applause from friends and followers.

The preliminary meeting of the National Committee portended serious

trouble. The organization was adverse to the sentiment of the

majority, and there was some fear that in the heat of contest the

just bounds of authority might be overstepped. Happily the points in

dispute were satisfactorily adjusted through frank conference and a

common understanding. Senator Hoar of Massachusetts, in whose fairness

and ability both sides had full confidence, was accepted by common

consent for temporary chairman, and the Convention was organized

without any conflict. In calling the vast assembly to order as

chairman of the National Committee, Senator Cameron bespoke a friendly

spirit; and the speech of Senator Hoar, on taking the chair, was a

compact and forcible contrast of the career and record of the two

great parties of the country. With the appointment of the committees

necessary to complete the organization, the first day of the Convention

closed.

The delegations from the respective States named their own members of

the several committees, and their composition and votes upon these

questions indicated the division of the States upon the main issue.

In the Committee on Credentials Mr. Conger, supported by the anti-Grant

members, was chosen chairman by a vote of 29 to 11 for Mr. Tracy of

New York. In the Committee on Permanent Organization, Senator Hoar had

31 votes for permanent President, against 9 for Mr. Creswell of

Maryland. The Committee on Rules made General Garfield chairman. It

was known that apart from the balloting for President, the great

struggle would come in the Committee on Credentials, and upon its

report when made to the Convention. The Committee had several contests

to deal with besides the important Illinois case. The examination of

these cases consumed two days, and meanwhile the Convention could do

little beyond completing the formalities. It converted the temporary

into the permanent organization, and on the evening of the second day,

the Committee on Credentials being still at work, Mr. Henderson of

Iowa moved that the Committee on Rules be requested to report. An

extended and spirited debate ensued, the one side contending for

immediate action and the other for delay. General Sharpe of New York

offered a substitute that the Committee on Credentials be ordered to

report. The substitute was lost by 318 _ayes_ to 406 _noes_, and the

vote was regarded as a measurably fair test of the relative strength

of the Grant and anti-Grant forces. On the call of the roll the full

vote of Alabama was announced for the substitute. One of the delegates

protested that he desired his vote recorded against it, and the

President of the Convention so ordered. This decision broke at the

outset any attempt to enforce the Unit Rule and affirmed the absolute

right of the individual delegate to cast his vote at his own pleasure

and upon his own responsibility. It was accepted without appeal, and

thus the law of Republican Conventions was established. The substitute

being defeated, the original motion was laid upon the table, and the

Convention adjourned until the next day.

At the opening of the third day Mr. Conkling offered a resolution that

"as the sense of the Convention every member is bound in honor to

support its nominee, whoever the nominee may be; and that no man should

hold a seat here who is not ready to so agree." On a call of the roll

the resolution was adopted with but three dissenting votes, which came

from West Virginia. Thereupon Mr. Conkling offered a resolution,

declaring in effect that the delegates who voted that they would not

obey the action of the majority "have forfeited their votes in the

Convention." Mr. Campbell, editor of the _Wheeling Intelligencer_, the

most prominent of the three who had voted no, defended their action.

He expected to support the nominee of the Convention, but would not

agree in advance that whatever it might do should have his endorsement.

The discussion was becoming very animated, when General Garfield, in

an unimpassioned speech, recalled the Convention to the real question

and warned delegates against committing an error. He said that those

who voted in the negative had indicated their purpose to support the

candidates, but did not think it wise to pass the resolution. "Are

they," he asked, "to be disfranchised because they thought it was not

the time to make such an expression? That is the question and that is

the whole question. We come here as Republicans and we are entitled

to take part in the proceedings of this Convention; and as one of our

rights we can vote on every resolution, _aye_ or _no_. We are

responsible for those votes to our constituents, and to them alone.

There never was a convention, there never can be a convention, of

which I am one delegate, equal in rights to every other delegate, that

shall bind my vote against my will on any question whatever." General

Garfield insisted that the delegates had acted within their rights, and

appealed to Mr. Conkling to withdraw his resolution, which he finally

consented to do. This brief and earnest speech made a deep impression

upon the Convention.

The report on contested States was now presented by Senator Conger, and

led to a debate and a struggle lasting through the larger part of two

days. The Committee had examined cases involving the seats of fifty

delegates and alternates. After eliminating those about which there

could be no reasonable dispute and upon which a unanimous conclusion

was reached, the final issue involved three delegates from Alabama,

eighteen from Illinois, two from West Virginia, and four from Kansas.

In all of these cases the decision rested upon the principle of

district representation. The majority of the committee accepted that

principle as the established law of Republican Conventions, and

reported in favor of the delegates chosen under it. The minority of

the Committee, representing fourteen States and led by Mr. Tracy of

New York, reported against the delegates elected on the district plan,

and sustained the authority of the State Conventions to overrule the

choice of the district representatives. The issue of district

representation was thus clearly and sharply presented. The first case

in order was that of Alabama, and after full debate a motion to

substitute the report of the minority for that of the majority was

defeated, the _ayes_ being 306, the _noes_ 449. The Convention thus

re-affirmed the cardinal doctrine of district representation. The

case of Illinois, which had excited more interest than all others, next

came up. The discussion was prolonged and animated, and the result

was not reached until nearly two o'clock in the morning. Nine

districts were at stake, but the vote was taken on each separately,

and the delegates chosen in the districts were admitted by a vote of

387 to 353. In the cases of West Virginia and Kansas there was some

dispute as to the facts, but they were decided upon the same principle

according to the best understanding of the Convention.

The report of the Committee on Rules, which had already been submitted

by General Garfield, was now taken up. The proposed rules embraced

simply verbal changes from those of 1876, and only one change of

substance. This was an addition to rule eight, relating to cases where

the vote of a State is divided. The old rule prescribed that where the

vote was divided the chairman of the delegation should announce the

number of votes cast for any candidate or for or against any

proposition. The Committee reported in favor of adding the following:

"but if exception is taken by any delegate to the correctness of such

announcement by the chairman of his delegation, the President of the

Convention shall direct the roll of members of such delegation to be

called, and the result shall be recorded in accordance with the votes

individually given." This amendment was designed to protect the vote

of the individual delegate. It was a final blow at the Unit Rule, and

aimed to reduce the precedents and decisions of former conventions to

plain and unambiguous language.

The minority of the Committee, representing eleven States, reported

against any change of rule. As soon, however, as the two reports

were submitted to the Convention, and before they were discussed,

General Sharpe of New York, who led the minority, moved that the

Convention proceed at once to ballot for candidates for President and

Vice-President. This was urged upon the plea of saving time, and

upon the ground that nothing else remained to be done, but General

Garfield pointed out, with his habitual clearness, that such action

would leave the Convention without any regulations to determine the

method of procedure or to decide controversies. Under the influence

of his forcible argument General Sharpe's proposition was lost by a

vote of 479 to 276. The rules, as reported by the majority, were then

adopted, with an amendment that "the National Committee shall prescribe

the method or methods for the election of delegates to the National

Convention to be held in 1884, provided that nothing in the method

or rules so prescribed shall be construed to prevent the several

districts of the United States from selecting their own delegates to

the National Convention." The overthrow of the Unit Rule and the

establishment of district representation were thus finally secured.

Mr. Pierrepont of New York reported the platform. It recounted the

achievements of the party and re-affirmed its accepted principles.

No one issue was treated as overmastering. Protection, which became

the controlling question of the campaign, was presented only by

repeating the avowal of 1876. The restriction of Chinese immigration

was approved. The Democratic party was charged with sustaining

fraudulent elections, with unseating members of Congress who had been

lawfully chosen, with viciously attaching partisan legislation to

Appropriation Bills, and with seeking to obliterate the sacred

memories of the war. "The solid South," it was declared, "must be

divided by the peaceful agencies of the ballot; and all honest opinions

must there find free expression." The platform, as reported, was

silent on the subject of Civil-Service Reform; and Mr. Barker of

Massachusetts offered an amendment "that the Republican party adopts

the declaration of President Hayes, that the reform in the civil

service shall be thorough, radical, and complete, and to that end

demands the co-operation of the Legislative with the Executive Departments

of the Government." The amendment was carried, and the platform adopted.

It was now late Saturday afternoon, and the Convention had already

extended through four days. The session of Saturday evening, devoted

to the presentation of Presidential candidates, was dramatic and

stirring. The vast Exposition Hall was packed with ten thousand

interested and eager observers. The contending partisans were alert

for every advantage and enthusiastic in every demonstration.--Mr.

Blaine was first placed in nomination by Mr. Joy of Michigan, seconded

by Mr. Pixley of California and Mr. Frye of Maine.--When Mr. Conkling

rose to present the name of General Grant, the vast audience gave him

an enthusiastic welcome; and his powerful and eloquent speech was

followed by prolonged and generous applause.--As General Garfield moved

forward to nominate John Sherman, he was the object of general and

hearty admiration. His dignified bearing, his commanding ability, his

persuasive eloquence, and his manifest spirit of fairness had made a

profound impression on the Convention. His present speech deepened

that feeling. It was a dispassionate appeal from the swelling tumult

of the moment "to the calm level of public opinion."--The name

of Senator Edmunds was presented by Mr. Frederick Billings of

Vermont.--Elihu B. Washburne was presented by Mr. Cassoday of Wisconsin,

and William Windom by Mr. Drake of Minnesota. The speakers had not

been the only actors of the evening. The audience took full part.

The scenes of tumultuous and prolonged applause when the two leading

candidates were named has never been equaled in any similar assemblage.

It was nearly midnight of Saturday when the Convention adjourned.

With the opening of Monday's session the voting began. The first

ballot gave Grant 304, Blaine 284, Sherman 93, Edmunds 34, Washburne

30, Windom 10, Garfield 1. Twenty-seven ballots followed without

material change, when the Convention adjourned until the next day.

On Tuesday morning the twenty-ninth ballot exhibited no variation,

except that Massachusetts transferred the majority of its votes from

Edmunds to Sherman, reducing the former to 12 and raising the latter

to 116. On the thirtieth ballot Sherman advanced to 120 and Windom

fell to 4. The next three ballots were substantially the same. On

the thirty-fourth ballot Wisconsin cast 16 votes for General Garfield,

and the great body of delegates at once saw that the result was

foreshadowed. On the thirty-fifth ballot Indiana, following Wisconsin,

cast 27 votes for Garfield, and scattering votes carried his aggregate

to 50. The culmination was now reached. As the thirty-sixth ballot

opened, the delegations which had been voting for Blaine and Sherman

changed to Garfield. The banners of the States were caught up and

massed in a waving circle around the head of the predestined and now

chosen candidate. The scene of enthusiasm and exultation long delayed

the final announcement, which gave Garfield 399 votes, Grant 306,

Blaine 42, Washburne 5, Sherman 3. The nomination was immediately

made unanimous on motion of Mr. Conkling. For Vice-President Elihu B.

Washburne, Marshall Jewell, Thomas Settle, Horace Maynard, Chester A.

Arthur, and Edmund J. Davis were placed in nomination, and General

Arthur was chosen on the first ballot by a vote of 468 to 193 for Mr.

Washburne and some scattering votes for other candidates.

The result of the Convention was generally accepted as a happy issue

of the long contest. The nomination of General Garfield was unexpected

but it was not unwelcome. It was not an escape from the clash of

positive purposes by a resort to a negative and feeble expedient.

General Garfield was neither an unknown nor an untried man. For twenty

years he had been prominent in the public service, both civil and

military, and for ten years he had ranked among the foremost Republican

leaders. No statesman of the times surpassed him in thorough

acquaintance with the principles of free government, in knowledge of

the legislative and administrative history of our own country, and in

intelligent grasp of the great questions still at issue. In eloquence,

culture, and resources he had few peers. His ascendency in the

Convention was so marked as to turn all eyes towards him. His

conspicuous part in the debates of Congress, his numerous popular

addresses, had made him familiar to all the people. He represented the

liberal and progressive spirit of Republicanism without being visionary

and impractical, and his nomination was accepted as placing the party

on advanced ground.

General Arthur was a graduate of Union College and a member of the

New-York bar. He was prominently connected with Governor Morgan's

Administration during the war and gained great credit for the manner in

which he discharged his important duties as Quartermaster-General of

the State. He subsequently held for several years the responsible

and influential position of Collector of Customs for the port of New

York. During the period of his service he collected and paid into

the Treasury more than a thousand millions of dollars in gold coin. He

had wide acquaintance with the public men of the country and had long

enjoyed personal popularity. As a citizen of New York and a

conspicuous advocate of President Grant's nomination his selection

met with general favor.

The Democratic Convention met at Cincinnati on the 22d of June (1880).

The preliminary canvass and discussion had not indicated a prevailing

choice. The only definite policy anywhere suggested was that the

position of the Democratic party demanded the renomination of Mr.

Tilden for the Presidency, and that a failure to present him as a

candidate would be equivalent to withdrawing the allegation and

argument of the Electoral fraud. But to this plan the forcible answer

was made that the discreditable attempts of Mr. Tilden's immediate

circle upon the returning boards of the disputed States had compromised

his candidacy and injured his party; and on this ground a strong

opposition was made to his nomination. Mr. Tilden himself settled

the question by writing and extended and ingenious letter a few days

before the Convention, declining to be a candidate. Their immediate

choice being unavailable, his New-York followers made a strenuous

effort to control the nomination, first for Henry B. Payne of Ohio,

and next for Samuel J. Randall of Pennsylvania. The candidates were

numerous, but the leading places were held by General Hancock and

Senator Bayard.

The Convention was promptly organized with Judge Hoadly of Ohio as

temporary chairman, and Senator Stevenson of Kentucky as permanent

President. A ballot was reached on the second day. The South was

almost evenly divided between Bayard and Hancock. New England

preferred Hancock to Bayard. The West showed no preponderance for

either, and was broken among many candidates. New York was solidly

for Payne, but made little impression because Payne's own State of

Ohio stood for Senator Thurman. Judge Field of California and

William R. Morrison of Illinois had the support of their own States,

with a few scattering votes. The multiplicity of candidates indicated

the lack of a definite sentiment and a clear policy. The first ballot

gave Hancock 171, Bayard 153½, Payne 81, Thurman 68½, Field 65,

Morrison 62, Hendricks 49½, Tilden 38, with a few votes to minor

candidates. On this test the Convention adjourned for the day, and

during the night combinations already inaugurated were fully completed,

by which Hancock's nomination was made certain. The next day opened

with the announcement that New York had withdrawn Payne and fixed

upon Randall as its choice, but it was too late. The second roll-call

ended without a decision, but before the result was declared Wisconsin

changed to Hancock. This was followed by a similar move from New

Jersey, and immediately State after State joined in his support until

he had 705 votes,--leaving of the whole Convention but 30 for Hendricks

and 2 for Bayard. William H. English of Indiana, who had served in

Congress during Mr. Buchanan's administration, was nominated for

Vice-President. The platform, in marked contrast with the elaborate

document of the preceding campaign, was a compact and energetic

statement of the Democratic creed. It embodied a fatal declaration in

favor _of a tariff for revenue only_, made vehement utterance on the

alleged election fraud of 1876, demanded honest money of coin or paper

convertible into coin, and gave a strong pledge against permitting

Chinese immigration.

General Hancock's nomination was greeted with heartiness amounting to

enthusiasm. He had received a military education at West Point; he had

been brevetted in the Mexican war for gallant conduct at Contreras

and Cherubusco. In the war for the Union he had acquired high rank as

a commander. He distinguished himself throughout the Peninsular

campaign and at Antietam. He added to his fame on the decisive field

of Gettysburg. He was with Grant during most of the campaign which was

crowned with final triumph at Appomattox, and bore a conspicuous part

on its bloody fields. Brave, gallant, and patriotic, a true soldier

and a chivalrous gentleman, he was a worthy representative of that

faithful and honorable class of "War Democrats," who in the time of the

Nation's peril stood for the flag and for the integrity of their

country. There were many of that type, who allowed no political

differences to restrain them from doing their full share towards the

preservation of the Union; and no duty is more grateful than that of

recognizing their loyal services. General Hancock was at their head,

and no partisan distinctions or subsequent political differences can

diminish the respect in which he is deservedly held by every loyal

lover of the Union of the States.

The campaign did not open altogether auspiciously for the Republicans.

The September election for Governor and members of the Legislature in

Maine had resulted adversely. The Republican party in that State,

owing to a large defection on the greenback issue and a coalition of

all its opponents, had been defeated in 1878 by more than 13,000

majority. In 1879 the lost ground was in large part regained, but the

party, while electing the Legislature, was again outnumbered on the

popular vote. In 1880 the re-action in favor of the Republicans had

not begun in any State as early as September. The issue on the

Protective tariff had not yet been debated, and Maine, though giving

a majority of 6,000 in the Presidential election, lost the Governorship

in September by 164 votes. As a victory had been confidently expected

by the country at large, the failure to secure it had a depressing

effect upon the Republican party.

The discouragement however was but for a day. Re-action speedily came,

and the party was spurred to greater efforts. There was also a change

in the issues presented, and from that time the industrial question

monopolized public attention. The necessity of special exertion in

the October States led to a very earnest and spirited canvass in Ohio

and Indiana. The Democratic declaration in favor of a tariff for

revenue only was turned with tremendous force against that party. A

marked feature of what may be termed the October campaign was the visit

of General Grant to Ohio and Indiana, accompanied by Senator Conkling.

The speeches of the two undoubtedly exerted a strong influence, and

aided in large part to carry those States for the Republicans.

From this day forward the contest was regarded as very close, but with

the chances inclining in favor of the Republicans. In the hope of

counteracting the effect of the argument for a Protective Tariff in

winning the industrial element of the country to Republican support,

the Democratic managers concocted one of the most detestable and

wicked devices ever conceived in political warfare. A letter,

purporting to have been written by General Garfield, and designed to

represent him as approving Chinese immigration to compete with home

labor, was cunningly forged. This so-called "Morey letter," in which

the handwriting and signature of the Republican candidate were imitated

with some skill, was lithographed and spread broadcast about two weeks

before the election.

General Garfield promptly branded the letter as a forgery and the

evidences of its character were speedily made clear. Nevertheless

active Democratic leaders continued to assert its genuineness, and

Mr. Abram S. Hewitt was conspicuous in giving the weight of his name to

this calumny, until the force of the accumulating proof constrained

him to admit in a public speech, that the text of the letter was

spurious, while still maintaining, against General Garfield's solemn

denial, that the signature was genuine. The prompt action of General

Garfield and his friends did much to render this crafty and dangerous

trick abortive, but there was not sufficient time to destroy altogether

the effect of its instant and wide dissemination. The forgery cost

General Garfield the electoral votes of New Jersey and Nevada and five

of the six votes of California. He carried every other Northern State,

while General Hancock carried every Southern State. The final result

gave to Garfield 214 electoral votes against 155 for Hancock.

The salient and most serious fact of the Presidential election was the

absolute consolidation of the Electoral vote of the South; not merely

of the eleven States that composed the Confederacy, but of the five

others in which slaves were held at the beginning of the civil

struggle. The leading Democrats of the South had been steadily

aiming at this result from the moment that they found themselves

compelled by the fortunes of war to remain citizens of the United

States. The Reconstruction laws had held them in check in 1868; the

re-action against Mr. Greeley had destroyed Southern unity in 1872;

it had been assumed with boastful confidence, but at the last

miscarried, in 1876; and now, in 1880, it was finally and fully

accomplished. The result betokened thenceforth a struggle within the

Union far more radical than that which had been carried on from the

formation of the Constitution until the secession of the South.

During the first half of this century Southern statesmen had demanded

and secured equality of representation in the Senate. Its loss in

1850 was among the causes which led them to revolt against National

authority. But even the equality of representation was for a section

and not for a party, and its existence did not prevent the free play

of contests on other issues. Partisan divisions in the South upon

tariff, upon bank, upon internal improvement, between Whig on the one

side and Democrat on the other, were as marked as in the North.

Southern men of all parties would unite against the admission of a

Northern State until a Southern State was ready to offset its vote in

the Senate, but they never sought to compel unity of opinion

throughout all Southern States upon partisan candidates or upon public

measures. The evident policy in the South since the close of the civil

war has been, therefore, of a more engrossing and more serious

character. It comprehends nothing less than the absolute consolidation

of sixteen States,--not by liberty of speech, or public discussion,

or freedom of suffrage, but by a tyranny of opinion which threatens

timid dissentients with social ostracism and suppresses the bolder

form of opposition by force.

The struggle which this policy invites, nay which it enforces, is as

much a moral as a political struggle. It is not a contention over

measures. It is a contest for equal rights under the Constitution, for

simple justice between citizens of the same Republic. Nor is the

struggle hopeless. Re-action will come in the South itself. The

passion and prejudice which influence men who were defeated in the

war cannot be transmitted to succeeding generations. Principle will

re-assert itself; local and state interest will command a change.

The signs even now are hopeful. The personal relations between men of

the South and men of the North are more amicable than they have been

for sixty years. Diversity of employment, the spirit of industrial

enterprise, the unification of financial interests, will tend more and

more to assimilate the populations, more and more to enforce an

agreement, if not as to measures, yet assuredly as to methods. No man

in the North, valuing the freedom for which a great war was waged,

desires to control the vote of a single individual in the South. He

only desires that every individual in the South, as in the North, shall

control his own vote, and when that is done the result, whatever it may

be, will always be cheerfully accepted. Contention between sections,

divided by a fixed line, is the most undesirable form of political

controversy. It is also the most illogical. But consolidation on one

side leads naturally and always to consolidation on the other side.

The growth of the country will ultimately effect an adjustment, but

the reason of men should not wait for the mere power of numbers to

settle questions which properly belong in the domain of reason alone.

Nor do the Southern leaders seem ever to have correctly estimated the

political force that is to come from the predestined increase of

numbers. Aside from the vast growth of population in the new States

and Territories of the North-West, the increase of the colored race in

the South must arrest attention. In the lifetime of those now living,

that class of the population will reach the enormous aggregate of five

and twenty millions. As this increase continues, no policy could

possibly be devised so fatal to Southern prosperity as that which

Southern leaders have pursued since the close of the war. Ceasing to

be a slave the colored man must be a citizen. He cannot be permanently

held in a condition between the two. He cannot be remanded to slavery.

His numbers will ultimately command what should now be yielded on the

ground of simple justice and wise policy.

The twenty years between 1861 and 1881 are memorable in the history of

the Congress of the United States. Senators and Representatives were

called upon to deal with new problems from the hour in which they were

summoned by President Lincoln to provide for the exigencies of a great

war. They confronted enormous difficulties at every step; and if they

had failed in their duty, if they had not comprehended the gravity and

peril of the situation, if they had faltered in courage, or had been

obscured in vision, the Union of the States might have been lost, the

progress of civilization on the American Continent checked for

generations. With the National arms triumphant, with the Union of the

States made strong, the American people, in the quiet of domestic

peace, in the enjoyment of wide-spread prosperity, should not forget

the dangers and sacrifices which secured to them their great blessings.

--The first demand of war is money. So great was the amount required

that Congress provided and the Executive expended a larger sum in each

year of the civil struggle than the total revenues of the Government

had been for the seventy-two years elapsing between the inauguration

of Washington and the inauguration of Lincoln.

--When the power of the Nation was challenged, the Army was so small

as scarcely to provide an efficient guard for the residence of the

Chief Magistrate against a hostile movement of the disloyal population

that surrounded him. Congress provided for the assembling of a host

that grew in magnitude until it surpassed in numbers the largest

military force ever put in the field by a European power.

--A domestic institution whose existence had menaced the peace of the

country for forty years, and now threatened the National life, was

either to receive renewed strength by another compromise, or was to

be utterly overthrown and destroyed. Congress had the foresight, the

philanthropy, the courage to choose the latter course, and to

transform four millions of slaves into four millions of citizens.

--Triumphant in the struggle of arms, Congress had the statesmanship

and persistence to bind up in the Organic Law of the Republic the

rights which victory had secured, and to provide against the recurrence

of a rebellion which imperiled the existence of free institutions.

The action of Congress and the spirit that inspired it were but the

action and spirit of the loyal people. A common danger awakened them

to a sense of their aggregate strength, and that awakening proved to be

the beginning of a new progress. Prolonged peace and quiet in a

country, even of our large resources, had engendered the habit of

caution, of economy, of extreme conservatism. The dominance of the

State-rights' school had created in the minds of the people a distrust

of the power of the General Government,--a fact which no doubt was

taken into the calculations of those who revolted against its

authority. As an illustration of the weakness of administration under

their lead, it may be recalled that during the years of Mr. Buchanan's

Presidency,--and indeed during a part of the Presidency of Franklin

Pierce,--the project of a Pacific Railroad had been considered, and

year after year abandoned, because of the argument, first, that the

National Government had no power to contribute to its construction;

and, second, that the hundred millions of dollars required to complete

it was a sum beyond the power of the Government to expend. In contrast

with the chronic irresolution and timidity which delayed an enterprise

that would strengthen the bonds of the Union, the administration of Mr.

Lincoln, in the midst of gigantic outlays for the war, authorized the

building of the Pacific Railroad, and successfully used the Government

credit to complete it in less time than the State-rights' leaders had

been abortively debating the question in Congress.

--It is difficult to estimate the progress of the people of the United

States in intelligence and in wealth since the close of the civil

struggle. When evidence is so voluminous it is not easy to select a

unit of comparison that shall succinctly present the truth. Perhaps

the extension of postal facilities is the most significant measure of

the intellectual activity of a people. From the formation of the

National Government in 1879 to the beginning of the war in 1861, the

total receipts from postages amounted to $182,000,000. From 1861 to

1881 the total receipts from postages amounted to $433,000,000. But

even these figures do not exhibit the full contrast of the popular

use of the post-office for transmission of papers and letters,--because

the larger part of the former period was on the basis of high postage.

--Comparison in industrial development are so numerous as not to be

readily and compactly stated. Economists consider that the material

advance of a people is measured more accurately by the consumption of

iron than by any other single article. Assuming this to be a test, the

progress of the American people in wealth is beyond precedent. The

production and use of iron between the years 1861 and 1881 were many

fold greater than during the entire preceding century.

--The increased ratio in the construction of railroads gives some

conception of the progress of wealth. The miles of rail in 1861 within

the United States were 31,286, while in 1881 they were 103,334. It is

no exaggeration to say that the construction and repair of railway

lines in the twenty years preceding 1881 involved an expenditure of

money larger than the total National debt at the close of the war.

--Nor have these twenty years been distinguished only by the

acquisition of wealth. No period of history had been more marked by

generous expenditure for worthy ends. The provision made for those

who suffered in the civil war has perhaps no parallel at home or

abroad. The comparative poverty of the country after the close of

the Revolutionary war may account for the inadequate assistance to

those who had suffered in the struggle for independence. The same

cause, though in less degree, existed after the war of 1812. The

pensions paid to the sufferers in both wars, including those of the

Mexican war (when the country had made great advance in wealth),

amounted in all, from 1789 to 1861, to the sum of $80,000,000; whereas

from 1861 to 1881 the sum of $516,000,000 was paid to those who had

claim upon the bounty, rather upon the justice, of the Government.

--The twenty years form indeed an incomparable era in the history of

the United States. Despite the loss of life on the part of both North

and South the Republic steadily gained in population for the entire

period, at the rate of nearly a million each year; and each year there

was added to the permanent wealth of the people $1,500,000,000;--a fact

made all the more surprising when it is remembered that they were at

the same time burdened with the interest on the National debt, of which

they discharged more than eleven hundred millions of dollars of the

principal within the period named.

Such progress is not only unprecedented but phenomenal. It could not

have been made except under wise laws, honestly and impartially

administered. It could not have been made except under an industrial

system which stimulated enterprise, quickened capital, assured to labor

its just reward. It could not have been made under the narrowing

policy which assumes the sovereignty of the _State_. It required the

broad measures, the expanding functions, which belong to a free

_Nation_. Not simply to the leading statesmen of the Senate and the

House, but to Congress as a whole, in its aggregate wisdom,--always

greater than the wisdom of any one man,--credit and honor are due; due

for intelligence, for courage, for zeal in the service of an endangered

but now triumphant and prosperous Republic.

During the twenty years, the representatives serving in the House

exceeded fifteen hundred in number. As an illustration of the rapidity

of changes in elective officers where suffrage is absolutely free, each

succeeding House in the ten Congresses, with a single exception,

contained a majority of new members. Only one representative in all

this number served continuously from 1861 to 1881,--the Honorable

William D. Kelley, eminent in his advocacy of the Protective system,

steadily growing throughout the entire period in the respect of his

associates and in the confidence of the constituency that has so

frequently honored him. In the Senate the ratio of change, owing to

the longer term of office, has been less; but, even in that more

conservative body, rotation in membership has been rapid. In the

twenty years nearly two hundred and fifty senators occupied seats in

the chamber. Of the whole number, Henry B. Anthony of Rhode Island,

warmly remembered by both political parties, was the only senator whose

service was unbroken from the opening to the close of the period. Two

others were in Congress for the whole time, but not continuously in

either House. Justin S. Morrill served six years in the House and

fourteen in the Senate; Henry L. Dawes served fourteen years in the

House and six in the Senate. For the entire period both were

consistent upholders of Republican ideas and Republican politics.--James

A. Garfield who was a member of the House for eighteen of the twenty

years was, in November, 1880, by a singular concurrence of circumstances

placed in an official position altogether without precedent. He was at

the same time Representative in Congress, Senator-elect from the State

of Ohio, President-elect of the United States.

The National Government has in these twenty years proved its

strength in war, its conservatism in peace. The self-restraint which

the citizens of the Republic exhibited in the hour of need, the great

burdens which they bore under the inspiration of patriotic duty, the

public order which they maintained by their instinctive obedience to

the command of law, all attest the good government of a self-governing

people. Full liberty to criticise the acts of persons in official

station, free agitation of all political questions, frequent elections

that give opportunity for prompt settlement of all issues, tend to

insure popular content and public safety. No Government of modern

times has encountered the dangers that beset the United States, or

achieved the triumphs wherewith the Nation is crowned.

The assassination of two Presidents, one inaugurated at the beginning,

the other at the close of this period, while a cause of profound

National grief, reflects no dishonor upon popular government. The

murder of Lincoln was the maddened and aimless blow of an expiring

rebellion. The murder of Garfield was the fatuous impulse of a

debauched conscience if not a disordered brain. Neither crime had its

origin in the political institutions or its growth in the social

organization of the country. Both crimes received the execration of

all parties and all sections. In the universal horror which they

inspired, in the majestic supremacy of law, which they failed to

disturb, may be read the strongest proof of the stability of a

Government which is founded upon the rights, fortified by the

intelligence, inwrought with the virtues of the people. For as it was

said of old, wisdom and knowledge shall be stability, and the work of

righteousness shall be peace!

ADDENDUM.

Hon. Galusha A. Grow, who filled the important post of Chairman of the

Committee on Territories in the Thirty-sixth Congress, criticises the

statements made on pages 269-272 of Volume I. The anomaly was there

pointed out that the men who had been most active in condemning Mr.

Webster for consenting to the organization of the Territories of New

Mexico and Utah in 1850 without a prohibition of slavery, consented in

1861 to the organization of the Territories of Colorado, Dakota, and

Nevada without a prohibition. Mr. Grow as a zealous anti-slavery man

writes in defense of the course adopted in 1861. The wisdom of the

course was not criticised. Its consistency only was challenged. After

giving a history of the various steps in organizing the three

Territories in 1861, and of the great need, by reason of the pressure

of thousands of emigrants, of providing a government therefor, and

the impracticability of passing a Territorial bill with an anti-slavery

proviso, Mr. Grow, in a letter to the author, says,--

"The Republican party, about to be entrusted for the first time with

the administration of the Government, must show, in addition to sound

principles, that it possessed sufficient practical statesmanship to

solve wisely any question relative to the development of the material

resources of the country, or it would prove itself incompetent to the

trust imposed by the people.

"There was this difference in the condition of the public affairs,

then, from what it was when Mr. Webster made his celebrated speech of

March 7th. The great battle between Freedom and Slavery for supremacy

in the Territories had been fought and won in Kansas, and the people

had elected a Chief Magistrate on Freedom's side, so that the

influences of National Administration would no longer be wielded for

the extension of human bondage. Besides, Kansas, a free State, and

New Mexico, a Territory already organized, would lie between these new

Territories and slave institutions, so that by no possibility could

they in the ordinary course of events become slave States.

"On the 7th of March, 1850, when Mr. Webster from the Senate chamber

appealed to the North to 'conquer its prejudices' and rely on the laws

of God and Nature to prevent the extension of the institution of human

bondage, the two great forces of Liberty and Slavery were in deadly and

irrepressible conflict,--with all the powers of the Government on the

side of Slavery. That struggle reached its last peaceable stage in the

triumph of Freedom in Kansas and the election of Lincoln to the

Presidency."

Mr. Grow mistakes the relative positions of the slavery question in

1850 and 1861. When Mr. Webster was willing to waive the anti-slavery

clause in the bill organizing the Territories of New Mexico and Utah,

all the Territories to the North were already protected from slavery

by the general prohibition of the Missouri Compromise in 1820, and by

the specific prohibition in the Oregon bill of 1848. To Mr. Webster's

view, in 1850 Kansas was as secure against the introduction of slavery

as it was to Mr. Grow's view in 1861 after Mr. Lincoln was chosen

President and the Free State men had won their victory on the soil of

the Territory. Mr. Webster saw before him therefore a long procession

of States in the North-West whose free institutions were assured by the

absolute inhibition of Slavery. He was in the midst of a heated and

hated controversy over two Territories adapted only to mining and

grazing and never likely to attract slave labor. Neither he nor any

other person at that time imagined the possibility of repealing the

Missouri Compromise; and therefore when all the territory north of

36° 30' was secured by a prohibition as absolute as Congress could make

it, Mr. Webster did not consider it necessary to wage a bitter contest

and possibly endanger the Union of the States merely to secure a

prohibition of slavery in two Territories where he believed the

institution could not go. Precisely in the same way Mr. Grow did not

believe that slavery would go into Colorado, Dakota, and Nevada, and

he was therefore willing to waive the anti-slavery clause rather than

add to the danger of disunion by insisting on it.

The same motives that inspired Mr. Webster in 1850, inspired Mr.

Seward, Mr. Wade, and Mr. Grow in 1861. It is seldom that history so

exactly repeats itself; but the mention of the coincidence was not

designed as a criticism, much less a condemnation of the course of the

statesmen who wisely and bravely met their responsibilities in 1861.

It was simply a protest against the injustice that had been visited

upon Mr. Webster for a like patriotic course in 1850.

If the Southern agitators had resorted to secession and brought on

civil war in 1850 the efforts of Mr. Webster to avert the calamity

would have received unstinted praise from all classes in the North.

If no secession had been attempted and no civil war had followed in

1861, and the South remaining in the Union had resumed the old course

for the rights of Slavery in the Territories, Mr. Seward, Mr. Grow and

their associates would have received unlimited censure as "dough faces"

who had yielded to Southern threats and consented to organize three

Territories without an anti-slavery proviso. In each instance the

subsequent course of events determined the popularity of unpopularity

of similar acts performed with similar motives,--acts altogether

honorable, motives altogether patriotic in both cases.

OMISSION.

The names of the distinguished counsel on both sides who appeared

before the International Tribunal at Geneva in 1871, were accidentally

omitted from the foot-note on page 408, Volume II. Sir Roundell

Palmer, afterwards Lord Chancellor (known as Lord Selborne), was sole

counsel for the British cause, but was assisted throughout the

hearing by Professor Montague Bernard and by Mr. Cohen. The American

counsel, as eminent as could be selected from the American bar, were

William M. Evarts, Caleb Cushing, and Morrison R. Waite.

NOTE.--An error of statement occurs on page 72, Volume I., in regard

to the action of the Whig caucus for Speaker in December, 1847. Mr.

Winthrop was chosen after Mr. Vinton had declined, and was warmly

supported by Mr. Vinton. The error came from an incorrect account

of the caucus in a newspaper of that time.

The translation of the cipher telegrams sent and received by Democratic

committees in the Presidential campaign of 1876, is credited on page

500, Volume II., to Mr. William M. Grosvenor. Equal credit should be

given to Mr. J. R. G. Hassard. Both gentlemen belonged to the

editorial staff of the _New-York Tribune_. Their joint work cannot be

too highly praised.

ERRATA.

[Omitted: all from Vol. I]

THE APPENDICES.

APPENDIX A.

RECONSTRUCTION ACT OF THIRTY-NINTH CONGRESS.

AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES.

_Whereas_ no legal State government or adequate protection for life or

property now exist in the rebel States of Virginia, North Carolina,

South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida,

Texas, and Arkansas; and whereas it is necessary that peace and good

order should be enforced in said States until loyal and republican

State governments can be legally established: Therefore

_Be it enacted, &c.,_ That said rebel States shall be divided into

military districts and made subject to the military authority of the

United States, as hereinafter prescribed, and for that purpose Virginia

shall constitute the first district; North Carolina and South Carolina

the second district; Georgia, Alabama, and Florida the third district;

Mississippi and Arkansas the fourth district; and Texas the fifth

district.

SEC. 2. That it shall be the duty of the President to assign to the

command of each of said districts an officer of the army, not below

the rank of brigadier-general, and to detail a sufficient military

force to enable such officer to perform his duties and enforce his

authority within the district to which he is assigned.

SEC. 3. That it shall be the duty of each officer assigned as

aforesaid to protect all persons in their rights of person and

property, to suppress insurrection, disorder, and violence, and to

punish, or cause to be punished, all disturbers of the public peace

and criminals, and to this end he may allow local civil tribunals to

take jurisdiction of and to try offenders, or, when in his judgment it

may be necessary for the trial of offenders, he shall have power to

organize military commissions or tribunals for that purpose; and all

interference under color of State authority with the exercise of

military authority under this act shall be null and void.

SEC. 4. That all persons put under military arrest by virtue of this

act shall be tried without unnecessary delay, and no cruel or unusual

punishment shall be inflicted; and no sentence of any military

commission or tribunal hereby authorized, affecting the life or

liberty of any person, shall be executed until it is approved by the

officer in command of the district, and the laws and regulations for

the government of the army shall not be affected by this act, except

in so far as they conflict with its provisions: _Provided_, That no

sentence of death under the provisions of this act shall be carried

into effect without the approval of the President.

SEC. 5. That when the people of any one of said rebel States shall

have formed a constitution of government in conformity with the

Constitution of the United States in all respects, framed by a

convention of delegates elected by the male citizens of said State

twenty-one years old and upward, of whatever race, color, or previous

condition, who have been resident in said State for one year previous

to the day of such election, except such as may be disfranchised for

participation in the rebellion, or for felony at common law, and when

such constitution shall provide that the elective franchise shall be

enjoyed by all such persons as have the qualifications herein stated

for electors of delegates, and when such constitution shall be ratified

by a majority of the persons voting on the question of ratification who

are qualified as electors for delegates, and when such constitution

shall have been submitted to Congress for examination and approval,

and Congress shall have approved the same, and when said State, by a

vote of its legislature elected under said constitution, shall have

adopted the amendment to the Constitution of the United States,

proposed by the Thirty-ninth Congress, and known as article fourteen,

and when said article shall have become a part of the Constitution

of the United States, said State shall be declared entitled to

representation in Congress, and Senators and Representatives shall be

admitted therefrom on their taking the oaths prescribed by law, and

then and thereafter the preceding sections of this act shall be

inoperative in said State: _Provided_, That no person excluded from

the privilege of holding office by said proposed amendment to the

Constitution of the United States shall be eligible to election as a

member of the convention to frame a constitution for any of said

rebel States, nor shall any such person vote for members of such

convention.

SEC. 6. That until the people of said rebel States shall be by law

admitted to representation in the Congress of the United States, any

civil governments which may exist therein shall be deemed provisional

only, and in all respects subject to the paramount authority of the

United States at any time to abolish, modify, control, or supersede the

same; and in all elections to any office under such provisional

governments all persons shall be entitled to vote, and none others,

who are entitled to vote under the provisions of the fifth section of

this act; and no person shall be eligible to any office under any such

provisional governments who would be disqualified from holding office

under the provisions of the third article of said constitutional

amendment.

SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE

MORE EFFICIENT GOVERNMENT OF THE REBEL STATES," PASSED MARCH SECOND,

EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND TO FACILITATE RESTORATION.

_Be it enacted, &c._, That before the first day of September, eighteen

hundred and sixty-seven, the commanding general in each district

defined by an act entitled, "An act to provide for the more efficient

government of the rebel States," passed March second, eighteen hundred

and sixty-seven, shall cause a registration to be made of the male

citizens of the United States, twenty-one years of age and upwards,

resident in each county or parish in the State or States included in

his district, which registration shall include only those persons who

are qualified to vote for delegates by the act aforesaid, and who shall

have taken and subscribed the following oath or affirmation: "I, ----,

do solemnly swear, (or affirm,) in the presence of Almighty God, that I

am a citizen of the State of ----; that I have resided in said State

for ---- months next preceding this day, and now reside in the county

of ----, or the parish of ----, in said State, (as the case may be;)

that I am twenty-one years old; that I have not been disfranchised for

participation in any rebellion or civil war against the United States,

nor for felony committed against the laws of any State or of the United

States; that I have never been a member of any State legislature, nor

held any executive or judicial office in any State and afterwards

engaged in insurrection or rebellion against the United States, or

given aid or comfort to the enemies thereof; that I have never taken

an oath as a member of Congress of the United States, or as an officer

of the United States, or as a member of any State legislature, or as

an executive or judicial officer of any State, to support the

Constitution of the United States, and afterwards engaged in

insurrection or rebellion against the United States or given aid or

comfort to the enemies thereof; that I will faithfully support the

Constitution and obey the laws of the United States, and will, to the

best of my ability, encourage others so to do, so help me God;" which

oath or affirmation may be administered by any registering officer.

SEC. 2. That after the completion of the registration hereby provided

for in any State, at such time and places therein as the commanding

general shall appoint and direct, of which at least thirty days' public

notice shall be given, an election shall be held of delegates to a

convention for the purpose of establishing a constitution and civil

government for such State loyal to the Union, said convention in each

State, except Virginia, to consist of the same number of members as the

most numerous branch of the State legislature of such State in the year

eighteen hundred and sixty, to be apportioned among the several

districts, counties, or parishes of such State by the commanding

general, giving to each representation in the ratio of voters

registered as aforesaid, as nearly as may be. The convention in

Virginia shall consist of the same number of members as represented

the territory now constituting Virginia in the most numerous branch of

the legislature of said State in the year eighteen hundred and sixty,

to be apportioned as aforesaid.

SEC. 3. That at said election the registered voters of each State

shall vote for or against a convention to form a constitution therefor

under this act. Those voting in favor of such a convention shall have

written or printed on the ballots by which they vote for delegates, as

aforesaid, the words "For a convention," and those voting against such

a convention shall have written or printed on such ballots the words

"Against a convention." The person appointed to superintend said

election, and to make return of the votes given thereat, as herein

provided, shall count and make return of the votes given for and

against a convention; and the commanding general to whom the same

shall have been returned shall ascertain and declare the total vote in

each State for and against a convention. If a majority of the votes

given on that question shall be for a convention, then such convention

shall be held as hereinafter provided; but if a majority of said votes

shall be against a convention, then no such convention shall be held

under this act: _Provided_, That such convention shall not be held

unless a majority of all such registered voters shall have voted on the

question of holding such convention.

SEC. 4. That the commanding general of each district shall appoint as

many boards of registration as may be necessary, consisting of three

loyal officers or persons, to make and complete the registration,

superintend the election, and make return to him of the votes, lists

of voters, and of the persons elected as delegates by a plurality of

the votes cast at said election; and upon receiving said returns he

shall open the same, ascertain the persons elected as delegates

according to the returns of the officers who conducted said election,

and make proclamation thereof; and if a majority of the votes given on

that question shall be for a convention, the commanding general, within

sixty day from the date of election, shall notify the delegates to

assemble in convention, at a time and place to be mentioned in the

notification, and said convention, when organized, shall proceed to

frame a constitution and civil government according to the provisions

of this act and the act to which it is supplementary; and when the

same shall have been so framed, said constitution shall be submitted

by the commissioner for ratification to the persons registered under

the provisions of this act at an election to be conducted by the

officers or persons appointed or to be appointed by the commanding

general, as hereinbefore provided, and to be held after the expiration

of thirty days from the date of notice thereof, to be given by said

convention; and the returns thereof shall be made to the commanding

general of the district.

SEC. 5. That if, according to said returns, the constitution shall be

ratified by a majority of the votes of the registered electors

qualified as herein specified, cast at said election, (at least one

half of all the registered voters voting upon the question of such

ratification,) the president of the convention shall transmit a copy

of the same, duly certified, to the President of the United States,

who shall forthwith transmit the same to Congress, if then in session,

and if not in session, then immediately upon its next assembling; and

if it shall, moreover, appear to Congress that the election was one at

which all the registered and qualified electors in the state had an

opportunity to vote freely and without restraint, fear, or the

influence of fraud, and if the Congress shall be satisfied that such

constitution meets the approval of a majority of all the qualified

electors in the State, and if the said constitution shall be declared

by Congress to be in conformity with the provisions of the act to

which this is supplementary, and the other provisions of said act shall

have been complied with, and the said constitution shall be approved

by Congress, the State shall be declared entitled to representation,

and Senators and Representatives shall be admitted therefrom as therein

provided.

SEC. 6. That all elections in the States mentioned in the said "Act

to provide for the more efficient government of the rebel States,"

shall, during the operation of said act, be by ballot; and all officers

making the said registration of voters and conducting said elections

shall, before entering upon the discharge of their duties, take and

subscribe the oath prescribed by the act approved July second, eighteen

hundred and sixty-two, entitled "An act to prescribe an oath of

office:"(1) _Provided_, That if any person shall knowingly and falsely

take and subscribe any oath in this act prescribed, such person so

offending and being thereof duly convicted, shall be subject to the

pains, penalties, and disabilities which by law are provided for the

punishment of the crime of wilful and corrupt perjury.

SEC. 7. That all expenses incurred by the several commanding generals,

or by virtue of any orders issued, or appointments made, by them, under

or by virtue of this act, shall be paid out of any moneys in the

treasury not otherwise appropriated.

SEC. 8. That the convention for each State shall prescribe the fees,

salary, and compensation to be paid to all delegates and other officers

and agents herein authorized or necessary to carry into effect the

purposes of this act not herein otherwise provided for, and shall

provide for the levy and collection of such taxes on the property in

such State as may be necessary to pay the same.

SEC. 9. That the word article, in the sixth section of the act to

which this is supplementary, shall be construed to mean section.

SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867.

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE MORE

EFFICIENT GOVERNMENT OF THE REBEL STATES," PASSED ON THE SECOND DAY

OF MARCH, 1867, AND THE ACT SUPPLEMENTARY THERETO, PASSED ON THE 23D

DAY OF MARCH, 1867.

_Be it enacted, &c._, That is hereby declared to have been the true

intent and meaning of the act of the 2d day of March, 1867, entitled

"An act to provide for the more efficient government of the rebel

States," and of the act supplementary thereto, passed on the 23d day

of March, 1867, that the governments then existing in the rebel

States of Virginia, North Carolina, South Carolina, Georgia,

Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, were not

legal State governments, and that thereafter said governments, if

continued, were to be continued subject in all respects to the

military commanders of the respective districts, and to the paramount

authority of Congress.

SEC. 2. That the commander of any district named in said act shall

have power, subject to the disapproval of the General of the army of

the United States, and to have effect till disapproval, whenever in

the opinion of such commander the proper administration of said act

shall require it, to suspend or remove from office, or from the

performance of official duties and the exercise of official powers,

any officer of person holding or exercising, or professing to hold or

exercise, any civil or military office of duty in such district under

any power, election, appointment, or authority derived from, or

granted by, or claimed under, any so-called State or the government

thereof, or any municipal or other division thereof; and upon such

suspension or removal such commander, subject to the disapproval of

the General as aforesaid, shall have power to provide from time to

time for the performance of the said duties of such officer or person

so suspended or removed, by the detail of some competent officer or

soldier of the army, or by the appointment of some other person to

perform the same, and to fill vacancies occasioned by death,

resignation, or otherwise.

SEC. 3. That the General of the army of the United States shall be

invested with all the powers of suspension, removal, appointment, and

detail granted in the preceding section to district commanders.

SEC. 4. That the acts of the officers of the army already done in

removing in said districts persons exercising the functions of civil

officers, and appointing others in their stead, are hereby confirmed:

_Provided_, That any person heretofore or hereafter appointed by any

district commander to exercise the functions of any civil office, may

be removed either by the military officer in command of the district,

or by the General of the army. And it shall be the duty of such

commander to remove from office, as aforesaid, all persons who are

disloyal to the Government of the United States, or who use their

official influence in any manner to hinder, delay, prevent, or

obstruct the due and proper administration of this act and the acts

to which it is supplementary.

SEC. 5. That the boards of registration provided for in the act

entitled "An act supplementary to an act entitled 'An act to provide

for the more efficient government of the rebel States,' passed March

2, 1867, and to facilitate restoration," passed March 23, 1867, shall

have power, and it shall be their duty, before allowing the

registration of any person, to ascertain, upon such facts or

information as they can obtain, whether such person is entitled to

be registered under said act, and the oath required by said act

shall not be conclusive on such question, and no person shall be

registered unless such board shall decide that he is entitled thereto;

and such board shall also have power to examine, under oath, (to be

administered by any member of such board,) any one touching the

qualification of any person claiming registration; but in every case of

refusal by the board to register an applicant, and in every case of

striking his name from the list as hereinafter provided, the board

shall make a note or memorandum which shall be returned with the

registration list to the commanding general of the district, setting

forth the grounds of such refusal or such striking from the list:

_Provided_, That no person shall be disqualified as member of any

board of registration by reason of race or color.

SEC. 6. That the true intent and meaning of the oath prescribed in

said supplementary act is, (among other things,) that no person who has

been a member of the Legislature of any State, or who had held any

executive or judicial office in any State, whether he has taken an

oath to support the Constitution of the United States or not, and

whether he was holding such office at the commencement of the

rebellion, or had held it before, and who has afterwards engaged in

insurrection or rebellion against the United States, or given aid

or comfort to the enemies thereof, is entitled to be registered or to

vote; and the words "executive or judicial office in any State" in said

oath mentioned shall be construed to include all civil offices created

by law for the administration of any general law of a State, or for

the administration of justice.

SEC. 7. That the time of completing the original registration provided

for in this act may, in the discretion of the commander of any

district, be extended to the 1st day of October, 1867; and the boards

of registration shall have power, and it shall be their duty,

commencing fourteen days prior to any election under said act, and upon

reasonable public notice of the time and place thereof, to revise, for

a period of five days, the registration lists, and, upon being

satisfied that any person not entitled thereto has been registered,

to strike the name of such person from the list, and such person

shall not be allowed to vote. And such board shall also, during the

same period, add to such registry the names of all persons who at that

time possess the qualifications required by the same act who have not

been already registered; and no person shall, at any time, be entitled

to be registered or to vote, by reason of any executive pardon or

amnesty, for any act or thing which, without such pardon or amnesty,

would disqualify him from registration or voting.

SEC. 8. That section four of said last-named act shall be construed

to authorize the commanding general named therein, whenever he shall

deem it needful, to remove any member of a board of registration and

to appoint another in his stead, and to fill any vacancy in such board.

SEC. 9. That all members of said boards of registration, and all

persons hereafter elected or appointed to office in said military

districts, under any so-called State or municipal authority, or by

detail or appointment of the district commanders, shall be required

to take and to subscribe the oath of office prescribed by law for

officers of the United States.

SEC. 10. That no district commander or member of the board of

registration, or any of the officers or appointees acting under them,

shall be bound in his action by any opinion of any civil officer of

the United States.

SEC. 11. That all the provisions of this act and of the acts to which

this is supplementary shall be construed liberally, to the end that all

the intents thereof may be fully and perfectly carried out.

AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868.

AN ACT TO AMEND THE ACT PASSED MARCH 23, 1867, ENTITLED "AN ACT

SUPPLEMENTARY TO 'AN ACT TO PROVIDE FOR THE MORE EFFICIENT GOVERNMENT

OF THE REBEL STATES,' PASSED MARCH 2, 1867, AND TO FACILITATE THEIR

RESTORATION."

_Be it enacted, &c._, That hereafter any election authorized by the act

passed March 23, 1867, entitled "An act supplementary to 'An act to

provide for the more efficient government of the rebel States,' passed

March 2, 1867, and to facilitate their restoration," shall be decided

by a majority of the votes actually cast; and at the election in

which the question of the adoption or rejection of any constitution is

submitted, any person duly registered in the State may vote in the

election district where he offers to vote when he has resided therein

for ten days next preceding such election, upon presentation of his

certificate of registration, his affidavit, or other satisfactory

evidence, under such regulations as the district commanders may

prescribe.

SEC. 2. That the constitutional convention of any of the States

mentioned in the acts to which this is amendatory may provide that at

the time of voting upon the ratification of the constitution, the

registered voters may vote also for members of the House of

Representatives of the United States, and for all elective officers

provided for by the said constitution; and the same election officers,

who shall make the return of the votes cast on the ratification or

rejection of the constitution, shall enumerate and certify the votes

cast for members of Congress.

[(1) This act is in these words:--

_Be it enacted, &c._, That hereafter every person elected or appointed

to any office of honor or profit under the Government of the United

States either in the civil, military, or naval departments of the

public service, excepting the President of the United States, shall,

before entering upon the duties of such office, and before being

entitled to any of the salary or other emoluments thereof, take and

subscribe the following oath or affirmation: "I, A. B., do solemnly

swear (or affirm), that I have never voluntarily borne arms against

the United States since I have been a citizen thereof; that I have

voluntarily given no aid, countenance, counsel, or encouragement to

persons engaged in armed hostility thereto; that I have never sought

nor accepted nor attempted to exercise the functions of any office

whatever, under any authority or pretended authority, in hostility to

the United States; that I have not yielded a voluntary support to any

pretended government, authority, power, or constitution within the

United States, hostile or inimical thereto; and I do further swear

(or affirm) that, to the best of my knowledge and ability, I will

support and defend the Constitution of the United States, against

all enemies, foreign and domestic; that I will bear true faith and

allegiance to the same; that I take this obligation freely, without

any mental reservation or purpose of evasion, and that I will well and

faithfully discharge the duties of the office on which I am about to

enter; so help me God;" which said oath, so taken and signed, shall be

preserved among the files of the Court, House of Congress, or

Department to which the said office may appertain. And any person who

shall falsely take the said oath shall be guilty of perjury, and on

conviction, in addition to the penalties now prescribed for that

offense, shall be deprived of his office, and rendered incapable

forever after, of holding any office or place under the United States.]

APPENDIX B.

AN ACT REGULATING THE TENURE OF CERTAIN CIVIL OFFICES.

_Be it enacted by the Senate and House of Representatives of the United

States of American in Congress assembled,_ That every person holding

any civil office to which he has been appointed by and with the advice

and consent of the Senate, and every person who shall hereafter be

appointed to any such office, and shall become duly qualified to act

therein, is, and shall be, entitled to hold such office until a

successor shall have been in like manner appointed and duly qualified,

except as herein otherwise provided: _Provided_, That the Secretaries

of State, of the Treasury, of War, of the Navy, and of the Interior,

the Postmaster General, and the Attorney General shall hold their

offices respectively for and during the term of the President by whom

they may have been appointed, and for one month thereafter, subject to

removal by and with the advice and consent of the Senate.

SEC. 2. That when any officer appointed as aforesaid, excepting judges

of the United States courts, shall, during the recess of the Senate, be

shown, by evidence satisfactory to the President, to be guilty of

misconduct in office, or crime, or for any reason shall become

incapable or legally disqualified to perform its duties, in such case,

and in no other, the President may suspend such officer, and designate

some suitable person to perform temporarily the duties of such office

until the next meeting of the Senate, and until the case shall be

acted upon by the Senate; and such person, so designated, shall take

the oaths and give the bonds required by law to be taken and given

by the person duly appointed to fill such office; and in such case it

shall be the duty of the President, within twenty days after the first

day of such next meeting of the Senate, to report to the Senate such

suspension, with the evidence and reasons for his action in the case

and the name of the person so designated to perform the duties of such

office. And if the Senate shall concur in such suspension, and advise

and consent to the removal of such officer, they shall so certify to

the President, who may thereupon remove such officer, and, by and with

the advice and consent of the Senate, appoint another person to such

office. But if the Senate shall refuse to concur in such suspension,

such officer so suspended shall forthwith resume the functions of his

office, and the powers of the person so performing its duties in his

stead shall cease, and the official salary and emoluments of such

officer shall, during such suspension, belong to the person so

performing its duties thereof, and not to the officer so suspended:

_Provided, however,_ That the President, in case he shall become

satisfied that such suspension was made on insufficient grounds, shall

be authorized, at any time before reporting such suspension to the

Senate as above provided, to revoke such suspension and reinstate

such officer in the performance of the duties of his office.

SEC. 3. That the President shall have power to fill all vacancies

which may happen during the recess of the Senate, by reason of death

or resignation, by granting commissions which shall expire at the end

of their next session thereafter. And if no appointment, by and with

the advice and consent of the Senate, shall be made to such office so

vacant or temporarily filled as aforesaid during such next session of

the Senate, such office shall remain in abeyance without any salary,

fees, or emoluments attached thereto, until the same shall be filled

by appointment thereto, by and with the advice and consent of the

Senate; and during such time all the powers and duties belonging to

such office shall be exercised by such other officer as may by law

exercise such powers and duties in case of a vacancy in such office.

SEC. 4. That nothing in this act contained shall be construed to

extend the term of any office the duration of which is limited by law.

SEC. 5. That if any person shall, contrary to the provisions of this

act, accept any appointment to or employment in any office, or shall

hold or exercise, or attempt to hold or exercise, any such office or

employment, he shall be deemed, and is hereby declared to be, guilty

of a high misdemeanor, and, upon trial and conviction thereof, he

shall be punished therefor by a fine not exceeding ten thousand

dollars, or by imprisonment not exceeding five years, or both said

punishments, in the discretion of the court.

SEC. 6. That every removal, appointment, or employment made, had, or

exercised, contrary to the provisions of this act, and the making,

signing, sealing, counter-signing, or issuing of any commission or

letter of authority for or in respect to any such appointment or

employment, shall be deemed, and are hereby declared to be, high

misdemeanors, and, upon trial and conviction thereof, every person

guilty thereof shall be punished by a fine not exceeding ten thousand

dollars, or by imprisonment not exceeding five years, or both said

punishments, in the discretion of the court: _Provided_, That the

President shall have power to make out and deliver, after the

adjournment of the Senate, commissions for all officers whose

appointment shall have been advised and consented to by the Senate.

SEC. 7. That it shall be the duty of the Secretary of the Senate, at

the close of each session thereof, to deliver to the Secretary of the

Treasury, and to each of his assistants, and to each of the Auditors,

and to each of the Comptrollers in the Treasury, and to the Treasurer,

and to the Register of the Treasury, a full and complete list, duly

certified, of all persons who shall have been nominated to and rejected

by the Senate during such session, and a like list of all the offices

to which nominations shall have been made and not confirmed and filled

at such session.

SEC. 8. That whenever the President shall, without the advice and

consent of the Senate, designate, authorize, or employ any person to

perform the duties of any office, he shall forthwith notify the

Secretary of the Treasury thereof, and it shall be the duty of the

Secretary of the Treasury thereupon to communicate such notice to all

the proper accounting and disbursing officers of the Government.

SEC. 9. That no money shall be paid or received from the Treasury,

or paid or received out of any public moneys or funds of the United

States, whether in the Treasury or not, to or by or for the benefit of

any person appointed to or authorized to act in or holding or

exercising the duties or functions of any office contrary to the

provisions of this act; nor shall any claim, account, voucher, order,

certificate, warrant, or other instrument providing for or relating to

such payment, receipt, or retention, be presented, passed, allowed,

approved, certified, or paid by any officer of the United States, or

by any person exercising the functions or performing the duties of

any office or place of trust under the United States, for or in respect

such office, or the exercising or performing the functions or duties

thereof; and every person who shall violate any of the provisions of

this section shall be deemed guilty of a high misdemeanor, and, upon

trail and conviction thereof, shall be punished therefor by a fine

not exceeding ten thousand dollars, or by imprisonment not exceeding

ten years, or both said punishments, in the discretion of the court.

AN ACT TO AMEND "AN ACT REGULATING THE TENURE OF CERTAIN CIVIL OFFICES."

_Be it enacted by the Senate and House of Representatives of the United

States of American in Congress assembled,_ That the first and second

sections of an act entitled "An act regulating the tenure of certain

civil offices," passed March 2, 1867, be, and the same are, hereby

repealed, and in lieu of said repealed sections the following are

hereby enacted:

That every person holding any civil office to which has been or

hereafter may be appointed, by and with the advice and consent of the

Senate, and who shall have become duly qualified to act therein, shall

be entitled to hold such office during the term for which he shall

have been appointed, unless sooner removed by and with the advice and

consent of the Senate, or by the appointment, with the like advice and

consent, of a successor in his place, except as herein otherwise

provided.

SEC. 2. _And be it further enacted,_ That during any recess of the

Senate the President is hereby empowered, in his discretion, to

suspend any civil officer appointed by and with the advice and consent

of the Senate, except judges of the United States courts, until the

end of the next session of the Senate, and to designate some suitable

person, subject to be removed in his discretion by the designation of

another, to perform the duties of such suspended officer in the

meantime; and such person so designated shall take the oaths and give

the bonds required by law to be taken and given by the suspended

officer, and shall, during the time he performs his duties, be entitled

to the salary and emoluments of such office, no part of which shall

belong to the officer suspended; and it shall be the duty of the

President within thirty days after the commencement of each session of

the Senate, except for any office which in his opinion ought not to be

filled, to nominate persons to fill all vacancies in office which

existed at the meeting of the Senate, whether temporarily filled or

not, and also in the place of all officers suspended; and if the

Senate during such session shall refuse to advise and consent to an

appointment in the place of any suspended officer, then, and not

otherwise, the President shall nominate another person as soon as

practicable to said session of the Senate for said office.

SEC. 3. _And be it further enacted,_ That section three of the act to

which this is an amendment be amended by inserting after the word

"resignation," in line three of said section, the following: "or

expiration of term of office."

APPENDIX C.

ARTICLES OF IMPEACHMENT VOTED UPON BY THE SENATE.

ARTICLE XI.

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