The history of the Thirty-Ninth Congress is a sequel to that of the Rebellion. This having been overthrown, it remained for Congress to administer upon its effects. It depended upon the decisions of Congress whether the expected results of our victories should be realized or lost.
Now that the work of the Thirty-Ninth Congress stands forth complete, people naturally desire to know something of the manner in which the rough material was shaped into order, and the workmanship by which the whole was "fitly joined together." It can not be said of this fabric of legislation that it went up without "the sound of the hammer." The rap of the gavel was often heard enforcing order or limiting the length of speeches.
Discussion is the process by which legislation is achieved; hence no history of legislation would be complete without presenting the progress of debate preparatory to the adoption of important measures. The explanation of what our legislators did is found in what they said. Debates, as presented in the following pages, are by necessity much abridged. No attempt has been made to give a summary or synopsis of speeches. That which seemed to be the most striking or characteristic passage in a speech is given, in the words of the orator.
Many things said and done in the Thirty-Ninth Congress, of great importance to the nation, are by necessity omitted. The reader, in forming his opinion of Congressional character and ability, will bear in mind that those who speak most frequently are not always the most useful legislators. Men from whom no quotation is made, and to whom no measure is attributed in the following pages, may be among the foremost in watchfulness for their constituents, and faithfulness to the country.
If it should seem that one subject — the negro question — occupied too much of the time and attention of Congress, it must be borne in mind that this subject was thrust upon Congress and the country by the issue of the Rebellion, and must be definitely and finally settled before the nation can be at rest. "Unsettled questions have no pity on the repose of mankind."
No attempt has been made to present a journal of Congressional proceedings, giving a detail of what was said and done from day to day in the Senate and the House. There was always some great national question under consideration in one or the other House, forming an uninterrupted series of discussions and transactions. To present these in review is to give a history of the Thirty-Ninth Congress, since they distinguish it from all its predecessors, and make it historical.
(Page 13-21.)
Momentous Events of the Vacation — Opening of the Senate —
Mr. Wade — Mr. Sumner — Mr. Wilson — Mr. Harris — Edward
McPherson — As Clerk of the preceding Congress, he calls
the House to order — Interruption of Roll-call by Mr.
Maynard — Remarks by Mr. Brooks — His Colloquy with Mr.
Stevens — Mr. Colfax elected Speaker — His Inaugural
Address — The Test Oath.
(Page 22-32.)
Importance of surroundings — Members sometimes referred to by their seats — Senator Andrew Johnson — Seating of the Senators — Drawing in the House — The Senate Chamber as seen from the Gallery — Distinguished Senators — The House of Representatives — Some prominent characters — Importance of Committees — Difficulty in their appointment — Important Senate Committees — Committees of the House.
(Page 33-49.)
Lack of Excitement — Cause — The Resolution — Dilatory
Motions — Yeas and Nays — Proposed Amendments in the
Senate — Debate in the Senate — Mr. Howard — Mr. Anthony
— Mr. Doolittle — Mr. Fessenden — Mr. Saulsbury — Mr.
Hendricks — Mr. Trumbull — Mr. Guthrie — Passage of the
Resolution in the Senate — Yeas and Nays — Remarks of Mr.
Stevens on the Amendment of the Senate — Concurrence of the
House — The Committee appointed.
(Page 50-94.)
Duty of Congress to Legislate for the District of Columbia
— Suffrage Bill introduced into the House — Speech by Mr.
Wilson — Mr. Boyer — Mr. Schofield — Mr. Kelly — Mr.
Rogers — Mr. Farnsworth — Mr. Davis — Mr. Chanler — Mr.
Bingham — Mr. Grinnell — Mr. Kasson — Mr. Julian — Mr.
Thomas — Mr. Darling — Mr. Hale's Amendment — Mr. Thayer
— Mr. Van Horn — Mr. Clarke — Mr. Johnson — Mr.
Boutwell.
(Page 95-103.)
Necessities of the Freedmen — Committee in the House — Early Movement by the Senate in behalf of Freedmen — Senator Wilson's Bill — Occasion for it — Mr. Cowan Moves its reference — Mr. Reverdy Johnson advises deliberation — A Question of time With Mr. Sherman — Mr. Trumbull promises a more efficient Bill — Mr. Sumner presents proof of the bad condition of affairs in the South — Mr. Cowan and Mr. Stewart produce the President as a Witness for the Defense — Mr. Wilson on the Testimony — "Conservatism" — The Bill absorbed in greater measures.
(Page 104-137.)
The Bill introduced and referred to Judiciary Committee — Its provisions — Argument of Mr. Hendricks against it — Reply of Mr. Trumbull — Mr. Cowan's Amendment — Mr. Guthrie wishes to relieve Kentucky from the operation of the bill — Mr. Creswell desires that Maryland may enjoy the benefits of the bill — Mr. Cowan's Gratitude to God and Friendship for the Negro — Remarks by Mr. Wilson — "The short gentleman's long speech" — Yeas and Nays — Insulting title.
(Page 138-157.)
The Bill Reported To the House — Mr. Eliot's Speech —
History — Mr. Dawson Vs. the Negro — Mr. Garfield — The
Idol Broken — Mr. Taylor Counts the Cost — Mr. Donnelly's
Amendment — Mr. Kerr — Mr. Marshall On White Slavery —
Mr. Hubbard — Mr. Moulton — Opposition From Kentucky —
Mr. Ritter — Mr. Rosseau's Threat — Mr. Shanklin's Gloomy
Prospect — Mr. Trimble's Appeal — Mr. Mckee an Exceptional
Kentuckian — Mr. Grinnell on Kentucky — The Example of
Russia — Mr. Phelps — Mr. Shellabarger's Amendment — Mr.
Chanler — Mr. Stevens' Amendments — Mr. Eliot Closes the
Discussion — Passage of The Bill — Yeas and Nays.
(Page 158-187.)
Mr. Trumbull on the Amendments of the House — Mr. Guthrie exhibits feeling — Mr. Sherman's deliberate Conclusion — Mr. Henderson's sovereign remedy — Mr. Trumbull on patent medicines — Mr. Mcdougall a white Man — Mr. Reverdy Johnson on the power to pass the Bill — Concurrence of the House — The Veto Message — Mr. Lane, of Kansas — His efforts for delay — Mr. Garrett Davis — Mr. Trumbull's reply to the President — The Question taken — Yeas and Nays — Failure of passage.
(Page 188-219.)
Duty of Congress consequent upon the Abolition of Slavery —
Civil Rights Bill introduced — Reference to Judiciary
Committee — Before the Senate — Speech By Mr. Trumbull —
Mr. Saulsbury — Mr. van Winkle — Mr. Cowan — Mr. Howard
— Mr. Johnson — Mr. Davis — Conversations with Mr.
Trumbull and Mr. Clark — Reply of Mr. Johnson — Remarks by
Mr. Morrill — Mr. Davis "wound Up" — Mr. Guthrie's Speech
— Mr. Hendricks — Reply of Mr. Lane — Mr. Wilson — Mr.
Trumbull's closing remarks — Yeas And Nays on the passage
of the Bill.
(Page 220-244.)
The Bill referred to the Judiciary Committee and reported
back — Speech by the Chairman of the Committee — Mr.
Rogers — Mr. Cook — Mr. Thayer — Mr. Eldridge — Mr.
Thornton — Mr. Windom — Mr. Shellabarger — Mr. Broomall
— Mr. Raymond — Mr. Delano — Mr. Kerr — Amendment by Mr.
Bingham — His Speech — Reply by his Colleague —
Discussion closed by Mr. Wilson — Yeas and Nays on the
passage of the Bill — Mr. Le Blond's proposed title —
Amendments of the House accepted by the Senate.
(Page 245-293.)
Doubts as to the President's Decision — Suspense ended —
The Veto Message — Mr. Trumbull's Answer — Mr. Reverdy
Johnson defends the Message — Rejoinder — Remarks of Mr.
Yates — Mr. Cowan appeals to the Country — Mr. Stewart
shows how States may make the Law a Nullity — Mr. Wade —
Mr. McDougall on Persian Mythology — Mr. J. H. Lane defends
the President — Mr. Wade — The President's Collar — Mr.
Brown — Mr. Doolittle — Mr. Garrett Davis — Mr. Saulsbury
— Yeas And Nays in the Senate — Vote in the House — The
Civil Rights Bill becomes a Law.
(Page 294-306.)
The Discovery of the Majority — The Senate Bill — The
House Bill — Its Provisions — Passage of the Bill —
Amendment and Passage in the Senate — Committee of
Conference — The Amendments as Accepted — The Bill as
Passed — The Veto — The Proposition of a Democrat accepted
— Confusion in Leadership — Passage of the Bill over The
Veto — It Becomes a Law.
(Page 307-323.)
Responsibility of the Republican Party — Its Power and
Position — Initiatory Step — Mr. Stevens speaks for
himself — Condition of the Rebel States — Constitutional
Authority under which Congress should act — Estoppel —
What Constitutes Congress — The First Duty — Basis of
Representation — Duty on exports — Two Important
Principles — Mr. Raymond's Theory — Rebel States still in
the Union — Consequences of the Radical Theory —
Conditions to be required — State Sovereignty — Rebel Debt
— Prohibition of Slavery — Two Policies contrasted —
Reply of Mr. Jenckes — Difference in Terms, not in
Substance — Logic of the Conservatives leads to the Results
of the Radicals.
(Page 324-372.)
First work of the Joint Committee — The Joint Resolution proposing a Constitutional Amendment — Mr. Stevens' reasons for speedy action — Protracted Discussion Commenced — Objections to the Bill by Mr. Rogers — Defense by Mr. Conkling — Two other Modes — How States might Evade the Law — Not a Finality — Wisconsin and South Carolina — Amendment for Female Suffrage proposed — Orth on Indiana and Massachusetts — Obscuration of the Sun — More Radical Remedy desired — A Kentuckian gratified — Citations from the Census — Premium for Treason — White Slaves — Power to amend well-nigh exhausted — Objections to the Suffrage Basis — "Race" and "Color" ambiguous — Condition of the Question — Recommitted — Final Passage.
(Page 373-414.)
The Joint Resolution goes to the Senate —
Counter-proposition by Mr. Sumner — He Speaks Five Hours —
Mr. Henderson's Amendment — Mr. Fessenden — Mr. Henry S.
Lane — Mr. Johnson — Mr. Henderson — Mr. Clark's
Historical Statements — Fred. Douglass' Memorial — Mr.
Williams — Mr. Hendricks — Mr. Chandler's "blood-letting
Letter" — Proposition of Mr. Yates — His Speech — Mr.
Buckalew against New England — Mr. Pomeroy — Mr. Sumner's
second Speech — Mr. Doolittle — Mr. Morrill — Mr.
Fessenden meets Objections — Final Vote — The Amendment
defeated.
(Page 417-433.)
Concurrent Resolution — A "Venomous Fight" — Passage in
the House — The Resolution in the Senate — "A Political
Wrangle" deprecated — Importance of the Question — "A
Straw in a Storm" — Policy of the President — Conversation
between two Senators — Mr. Nye's Advice to Rebels — "A
Dangerous Power" — "Was Mr. Wade once a Secessionist?" —
Garrett Davis' Programme for the President — "Useless yet
Mischievous" — The Great Question Settled.
(Page 434-451.)
A Constitutional Amendment proposed and postponed —
Proposition by Mr. Stewart — The Reconstruction Amendment
— Death of its Predecessor lamented — Opposition to the
Disfranchisement of Rebels — "The Unrepentent Thirty-three"
— Nine-tenths Reduced to One-twelfth — Advice to Congress
— The Committee denounced — Democratic and Republican
Policy compared — Authority without Power — A Variety of
Opinions — An Earthquake predicted — The Joint Resolution
passes the House.
(Page 452-455.)
Difference between Discussions in the House and in the Senate — Mr. Sumner proposes to postpone — Mr. Howard takes Charge of the Amendment — Substitutes proposed — The Republicans in Council — The Disfranchising Clause stricken out — Humorous Account by Mr. Hendricks — The Pain and Penalties of not holding Office — A Senator's Piety appealed to — Howe vs. Doolittle — Marketable Principles — Praise of the President — Mr. McDougall's Charity — Vote of the Senate — Concurrence in the House.
(Page 466-472.)
An important State Paper — Work of the Committee —
Difficulty of obtaining information — Theory of the
President — Taxation and Representation — Disposition and
doings of the Southern People — Conclusion of the Committee
— Practical Recommendations.
(Page 473-482.)
Assembling of the Tennessee Legislature — Ratification of the Constitutional Amendment — Restoration of Tennessee proposed in Congress — The Government of Tennessee not Republican — Protest against the Preamble — Passage in the House — New Preamble proposed — The President's Opinion deprecated and disregarded — Passage in the Senate — The President's Approval and Protest — Admission of Tennessee Members — Mr. Patterson's Case.
(Page 483-501.)
Review of the preceding action — Efforts of Mr. Yates for
Unrestricted Suffrage — Davis's Amendment to Cuvier — The
"Propitious Hour" — The Mayor's Remonstrance — Mr.
Willey's Amendment — Mr. Cowan's Amendment for Female
Suffrage — Attempt to out-radical the Radicals — Opinions
for and against Female Suffrage — Reading and Writing as a
Qualification — Passage of the Bill — Objections of the
President — Two Senators on the Opinions of the People —
The Suffrage Bill becomes a Law.
(Page 502-551.)
Proposition by Mr. Stevens — "Piratical Governments" not to
be recognized — The Military Feature introduced — Mr.
Schofield's Dog — The Only Hope of Mr. Hise — Conversation
concerning the Reconstruction Committee — Censure of a
Member — A Military Bill Reported — War Predicted — The
"Blaine Amendment" — Bill passes the House — In the Senate
— Proposition to Amend — Mr. McDougall desires Liberty of
Speech — Mr. Doolittle pleads for the Life of the Republic
— Mr. Sherman's Amendment — Passage in the Senate —
Discussion and Non-concurrence in the House — The Senate
unyielding — Qualified Concurrence of the House — The Veto
— "The Funeral of the Nation" — The Act — Supplementary
Legislation.
(Page 552-560.)
Equalizing Bounties — The Army — The Department of
Education — Southern Homesteads — The Bankrupt Law — The
Tariff — Reduction of Taxes — Contracting the Currency —
Issue of Three Per Cents. — Nebraska and Colorado — Tenure
of Office.
(Page 561-567.)
The President's treatment of the South — First Annual
Message — Mr. Sumner's Criticism — The President
triumphant — He damages his Cause — Humor of Mr. Stevens
— Vetoes Overridden — The Question submitted to the People
— Their Verdict — Summary of Vetoes — Impeachment —
Charges by Mr. Ashley — Report of the Committee.
(Page 568-576.)
Contested Seats — Mr. Stockton votes for Himself — New
Jersey's Loss of two Senators — Losses of Vermont —
Suicide of James H. Lane — Death in the House — General
Scott — Lincoln's Eulogy and Statue — Mr. Sumner on Fine
Arts in the Capitol — Censure of Mr. Chanler — Petition
for the Expulsion of Garret Davis — Grinnell assaulted by
Rousseau — The Action of the House — Leader of the House.
Biographical Sketches 577
PAGE 1.—Hon. Schuyler Colfax, Frontispiece.
2.—Hon. Thaddeus Stevens, 29
3.—Hon. William D. Kelley, 59
4.—Hon. Sidney Clarke, 89
5.—Hon. Thomas A. Hendricks, 109
6.—Hon. Henry Wilson, 135
7.—Hon. Samuel C. Pomeroy, 171
8.—Hon. Reverdy Johnson, 203
9.—Hon. James F. Wilson, 239
10.—Hon. William M. Stewart, 275
11.—Hon. Ebon C. Ingersoll, 307
12.—Hon. Robert C. Schenck, 353
13.—Hon. Richard Yates, 399
14.—Hon. Edwin D. Morgan, 453
15.—Hon. William B. Stokes, 481
16.—Hon. George H. Williams, 517
17.—Hon. John Conness, 541
18.—Hon. James M. Ashley, 567
By HON. SCHUYLER COLFAX,
The Congress that has just passed away has written a record that will be long remembered by the poor and friendless, whom it did not forget. Misrepresented or misunderstood by those who denounced it as enemies, harshly and unjustly criticised by some who should have been its friends, it proved itself more faithful to human progress and liberty than any of its predecessors. The outraged and oppressed found in these congressional halls champions and friends. Its key-note of policy was protection to the downtrodden. It quailed not before the mightiest, and neglected not the obscurest. It lifted the slave, whom the nation had freed, to the full stature of manhood. It placed on our statute-book the Civil Rights Bill as our nation's magna charta, grander than all the enactments that honor the American code; and in all the region whose civil governments had been destroyed by a vanquished rebellion, it declared as a guarantee of defense to the weakest that the freeman's hand should wield the freeman's ballot; and that none but loyal men should govern a land which loyal sacrifices had saved. Taught by inspiration that new wine could not be safely put in old bottles, it proclaimed that there could be no safe or loyal reconstruction on a foundation of unrepentant treason and disloyalty.
The first session of the Thirty-ninth Congress proposed, as their plan of Reconstruction, a Constitutional Amendment. It was a bond of public justice and public safety combined, to be embodied in our national Constitution, to show to our posterity that patriotism is a virtue and rebellion is a crime. These terms were more magnanimous than were ever offered in any country under like circumstances. They were kind, they were forbearing, they were less than we had a right to demand; but in our anxiety, in our desire to close up this question, we made the proposition. How was it received? They trampled upon it, they spat upon it, they repudiated it, and said they would have nothing to do with it. They were determined to have more power after the rebellion than they had before.
When this proposition was repudiated, we came together again, at the second session of the same Congress, to devise some other plan of reconstruction in place of the proffer that had been spurned. We put the basis of our reconstruction, first, upon every loyal man in the South, and then we gave the ballot also to every man who had only been a traitor. The persons we excluded, for the present, from suffrage in the South, were not the thousands who struggled in the rebel army, not the millions who had given their adhesion to it, but only those men who had sworn allegiance to the Constitution and then added to treason the crime of perjury.
Though we demand no indemnity for the past, no banishment, no confiscations, no penalties for the offended law, there is one thing we do demand, there is one thing we have the power to demand, and that is security for the future, and that we intend to have, not only in legislation, but imbedded in the imperishable bulwarks of our national Constitution, against which the waves of secession may dash in future but in vain. We intend to have those States reconstructed on such enduring corner-stones that posterity shall realize that our fallen heroes have not died in vain.
Momentous Events of the Vacation — Opening of the Senate —
Mr. Wade — Mr. Sumner — Mr. Wilson — Mr. Harris — Edward
McPherson — As Clerk of the preceding Congress, he calls
the House to order — Interruption of Roll-call by Mr.
Maynard — Remarks by Mr. Brooks — His Colloquy with Mr.
Stevens — Mr. Colfax elected Speaker — His Inaugural
Address — The Test Oath.
The Thirty-ninth Congress of the United States, convened in the Capitol at Washington on the fourth of December, 1865. Since the adjournment of the Thirty-eighth Congress, events of the greatest moment had transpired—events which invested its successor with responsibilities unparalleled in the history of any preceding legislative body.
Abraham Lincoln, sixteenth President of the United States, had been slain by the hand of the assassin. The crime had filled the land with horror. The loss of its illustrious victim had veiled the nation in unaffected grief.
By this great national calamity, Andrew Johnson, who on the fourth of March preceding had taken his seat simply to preside over the deliberations of the Senate, became President of the United States.
Meanwhile the civil war, which had been waged with such terrible violence and bloodshed for four years preceding, came to a sudden termination. The rebel armies, under Generals Lee and Johnston, had surrendered to the victorious soldiers of the United States, who in their generosity had granted to the vanquished terms so mild and easy as to excite universal surprise.
Jefferson Davis, Alexander H. Stephens, and some other leaders in the rebellion, had been captured and held for a time as State prisoners; but, at length, all save the "President of the Confederate States" were released on parole, and finally pardoned by the President.
The President had issued a proclamation granting amnesty and pardon to "all who directly or indirectly participated in the rebellion, with restoration of all rights of property, except as to slaves," on condition of their subscribing to a prescribed oath. By the provisions of this proclamation, fourteen classes of persons were excepted from the benefits of the amnesty offered therein, and yet "any person belonging to the excepted classes" was encouraged to make special application to the President for pardon, to whom clemency, it was declared, would "be liberally extended." In compliance with this invitation, multitudes had obtained certificates of pardon from the President, some of whom were at once elected by the Southern people, to represent them, as Senators and Representatives, in the Thirty-ninth Congress.
The President had further carried on the work of reconstruction by appointing Provisional Governors for many of the States lately in rebellion. He had recognized and entered into communication with the Legislatures of these States, prescribing certain terms on which they might secure representation in Congress, and recognition of "all their rights under the Constitution."
By these and many other events which had transpired since the expiration of the preceding Congress, the legislation pertaining to reconstruction had become a work of vast complexity, involving principles more profound, and questions more difficult, than ever before presented for the consideration and solution of men assembled in a legislative capacity.
At twelve o'clock on the day designated in the Constitution for the meeting of Congress, the Senate assembled, and was called to order by Hon. Lafayette S. Foster, President pro tempore. Senators from twenty-five States were in their seats, and answered to their names. Rev. E. H. Gray, Chaplain of the Senate, invoked the blessing of Almighty God upon Congress, and prayed "that all their deliberations and enactments might be such as to secure the Divine approval, and insure the unanimous acquiescence of the people, and command the respect of the nations of the earth."
Soon after the preliminary formalities of opening the Senate had transpired, Benjamin F. Wade, Senator from Ohio, inaugurated the labors of the Thirty-ninth Congress, and significantly foreshadowed one of its most memorable acts by introducing "a bill to regulate the elective franchise in the District of Columbia."
The Senate signified its willingness to enter at once upon active duty by giving unanimous consent to Mr. Sumner, Senator from Massachusetts, to introduce a number of important bills. The measures thus brought before the Senate were clearly indicative of the line of policy which Congress would pursue. The bills introduced were designed "to carry out the principles of a republican form of government in the District of Columbia;" "to present an oath to maintain a republican form of government in the rebel States;" "to enforce the amendment to the Constitution abolishing slavery;" "to enforce the guarantee of a republican form of government in certain States where governments have been usurped or overthrown."
Senator Wilson, of Massachusetts, was not behind his distinguished colleague in his readiness to enter upon the most laborious legislation of the session. He introduced "a bill to maintain the freedom of the inhabitants in the States declared in insurrection by the proclamation of the President on the first of July, 1862."
Senator Harris, of New York, long known as one of the ablest jurists of his State, and recently an eminent member of the Senate's Judiciary Committee, directed attention to his favorite field of legislative labor by introducing "a bill to reörganize the Judiciary of the United States."
While the Senate was thus actively entering upon the labors of the session, a somewhat different scene was transpiring in the other end of the Capitol.
Long before the hour for the assembling of Congress, the halls, the galleries, and corridors of the House of Representatives were thronged with such crowds as had never before been seen at the opening of a session. The absorbing interest felt throughout the entire country in the great questions to be decided by Congress had drawn great numbers to the Capitol from every quarter of the Union. Eligible positions, usually held in reserve for certain privileged or official persons, and rarely occupied by a spectator, were now filled to their utmost capacity. The Diplomatic Gallery was occupied by many unskilled in the mysteries of diplomacy; the Reporters' Gallery held many listeners and lookers on who had no connection with newspapers, save as readers. The "floor" was held not only by the "members," who made the hall vocal with their greetings and congratulations, but by a great crowd of pages, office-seekers, office-holders, and unambitious citizens, who thronged over the new carpet and among the desks.
The hour having arrived for the assembling of Congress, Edward McPherson, Clerk of the last House of Representatives, brought down the gavel on the Speaker's desk, and called the House to order. The members found their seats, and the crowd surged back up the aisles, and stood in a compact mass in the rear of the last row of desks.
Edward McPherson, who at that moment occupied the most prominent and responsible place in the nation, had come to his position through a series of steps, which afforded the country an opportunity of knowing his material and capacity. A graduate of Pennsylvania College in 1848, editor, author, twice a Congressman, and Clerk of the House of Representatives in the Thirty-eighth Congress, he had given evidence that he was reliable. Having shown himself a thoroughly conscientious man in the performance of all his public duties, the great interests of the nation were safe in his hands.
The country had been greatly concerned to know how the Clerk would make up the Roll of the House, and whether the names of members elect from the late rebellious States would be called at the opening of the session. If this should be done, the first step would be gained by the Representatives of those States toward holding seats in Congress to which the majority at the North considered them not entitled. It had even been intimated that the color of constitutionality which they would gain from recognition by the Clerk would be used to justify an assertion of their claims by force. What the Clerk would do, as master of the rolls and presiding officer of the House, was not long in doubt.
The Clerk proceeded to call the roll of Representatives elect, while the subordinates at the desk took note of the responses. He called the names of Congressmen from the States of Maine, New Hampshire, Vermont, Massachusetts, and so forth, in a certain order which had been customary time immemorial in naming the States. In this order Tennessee had place after Kentucky and before Indiana. When the name of the last Representative from Kentucky had been called, the decisive moment arrived. The delegation from Tennessee were on the floor, ready to answer to their names. The Clerk passed over Tennessee and went direct to Indiana. As soon as the first member from Indiana had responded, there arose a tall, black-haired, dark-faced figure, that every body recognized as Horace Maynard, of Tennessee. He shook his certificate of election at the Clerk, and began to speak, but the gavel came down with a sharp rap, and a firm, decided voice was heard from the desk, "The Clerk declines to have any interruption during the call of the roll." The roll-call then proceeded without further interference to the end. When, at last, the Clerk had finished his list of Representatives and Territorial Delegates, Mr. Maynard once more arose. "The Clerk can not be interrupted while ascertaining whether a quorum is present," says the presiding officer. The count of the assistants having been completed, the Clerk announced, "One hundred and seventy-six members having answered to their names, a quorum is present." Mr. Morrill immediately moved that the House proceed to the election of Speaker. "Before that motion is put," said Mr. Maynard, again arising. The Clerk was ready for the emergency, and before Mr. Maynard could complete his sentence, he uttered the imperative and conclusive words, "The Clerk can not recognize as entitled to the floor any gentleman whose name is not on this roll." A buzz of approbation greeted the discreet ruling of the Clerk. The difficult point was passed, and the whole subject of the admission of Southern Representatives was handed over intact, to be deliberately considered after the House should be fully organized for business.
Mr. Morrill, in moving to proceed to the election of a Speaker, had forgotten or neglected to demand the previous question, and thus cut off debate. Mr. James Brooks, most plausible in address, and most ready in talk on the side of the minority, saw the point left unguarded by his opponents, and resolved to enter. Born in Maine, now a citizen of New York, and editor of the "Express," Mr. Brooks was in Congress for the fourth time a champion of what he deemed the rights of the South, and not in accordance with the prevailing sentiments in his native and adopted States.
Mr. Brooks obtained the floor, and desired to amend the motion. He thought the roll should be completed before proceeding to the election of Speaker. "I trust," said he, "that we shall not proceed to any revolutionary, any step like that, without at least hearing from the honorable gentleman from Tennessee. If Tennessee is not in the Union, by what right does the President of the United States usurp his place in the White House when an alien and a foreigner, and not from a State in the Union?"
At this stage, a man of mark—five times a Representative in Congress, but now twelve years away from the capital and a new member—John Wentworth, of Chicago—elevated his tall and massive form, and with a stentorian voice called Mr. Brooks to order. The Clerk having fairly decided that gentleman entitled to the floor on the question of proceeding to the election of a Speaker, Mr. Wentworth sat down, and Mr. Brooks in resuming his remarks improved his chance to administer rebuke in a manner which provoked some mirth. "When the honorable gentleman from Illinois is better acquainted with me in this House," said Mr. Brooks, "he will learn that I always proceed in order, and never deviate from the rules." Mr. Brooks then returned to his championship of Mr. Maynard: "If he is not a loyal man, and is not from a State in this Union, what man, then, is loyal? In the darkest and most doubtful period of the war, when an exile from his own State, I heard his eloquent voice on the banks of the St. Lawrence arousing the people of my own State to discharge their duties to the country."
Mr. Brooks joined Virginia with Tennessee, and asked the Clerk to give his reasons for excluding the names of Representatives from these States from the roll. The Clerk replied that he had acted in accordance with his views of duty, and was willing to let the record stand; if it was the desire of the House to have his reasons, he would give them.
"It is not necessary," said Thaddeus Stevens; "we know all."
"I know," replied Mr. Brooks, "that it is known to all in one quarter, but that it is not known to many in other quarters in this House, why this exclusion has been made. I should know but little, if I had not the record before me of the resolution adopted by the Republican majority of this House, that Tennessee, Louisiana, and Virginia were to be excluded, and excluded without debate. Why without debate? Are gentlemen afraid to face debate? Are their reasons of such a character that they dare not present them to the country, and have to resort to the extraordinary step of sideway legislation, in a private caucus, to enact a joint resolution to be forced upon this House without debate, confirming that there are no reasons whatever to support this position except their absolute power, and authority, and control over this House? If the gentleman from Pennsylvania would but inform me at what period he intends to press this resolution, I would be happy to be informed."
"I propose to present it at the proper time," was the response of Mr.
Stevens, provoking laughter and applause.
Mr. Brooks replied: "Talleyrand said that language was given to man to conceal ideas, and we all know the gentleman's ingenuity in the use of language. The proper time! When will that be?" Mr. Brooks then proceeded at some length to answer this question. He supposed the proper time would be as soon as the House was organized, and before the President's message could be heard and considered, that the action of the House might silence the Executive, and nullify the exposition which he might make, and become a quasi condemnation of the action of the President of the United States.
Mr. Brooks was at length ready to close, and sought to yield the floor to a Democratic member. The Republicans, however, were ready to meet the emergency, and objected to the floor being yielded in such a way as would cause delay without furthering the business of organizing the House. Points of order were raised, and efforts made to entangle the Clerk, but in vain. His rulings were prompt, decisive, and effectual. The moment a Republican fairly held the floor, the previous question was moved, the initial contest was over, and the House proceeded to elect a Speaker.
A stoop-shouldered, studious-looking gentleman, now for the sixth successive term a member of Congress—Justin S. Morrill, of Vermont—arose and nominated Schuyler Colfax, of Indiana. On the other side of the house, a gentleman from New York portly in his person, now entering on his second Congressional term—Charles H. Winfield—nominated James Brooks, of New York. Four members took their seats behind the Clerk to act as tellers. The responses were at length all given, and the numbers noted. Mr. Morrill, one of the tellers, announced the result—"Mr. Colfax, one hundred and thirty-nine; Mr. Brooks, thirty-six." The Clerk formally announced the result, and stepped aside; his work as presiding officer of the Thirty-ninth Congress was at an end.
In the place thus made vacant appeared the man but a moment before elected to the position by the largest political majority ever given to a Speaker of the House. A well-proportioned figure of medium size, a pleasing countenance often radiant with smiles, a style of movement quick and restless, yet calm and self-possessed, were characteristic of him upon whom all eyes were turned. In the past a printer and editor in Indiana, now in Congress for the sixth term and elected Speaker the second time, SCHUYLER COLFAX stood to take the oath of office, and enter upon the discharge of most difficult and responsible duties. He said:
"Gentlemen of the House of Representatives: The reässembling of Congress, marking as it does the procession of our national history, is always regarded with interest by the people for whom it is to legislate. But it is not unsafe to say that millions more than ever before, North, South, East, and West, are looking to the Congress which opens its session to-day with an earnestness and solicitude unequaled on similar occasions in the past. The Thirty-eighth Congress closed its constitutional existence with the storm-cloud of war still lowering over us, and after nine months' absence, Congress resumes its legislative authority in these council halls, rejoicing that from shore to shore in our land there is peace.
"Its duties are as obvious as the sun's pathway in the heavens. Representing in its two branches the States and the people, its first and highest obligation is to guarantee to every State a republican form of government. The rebellion having overthrown constitutional State governments in many States, it is yours to mature and enact legislation which, with the concurrence of the Executive, shall establish them anew on such a basis of enduring justice as will guarantee all necessary safeguards to the people, and afford what our Magna Charta, the Declaration of Independence, proclaims is the chief object of government—protection to all men in their inalienable rights. The world should witness, in this great work, the most inflexible fidelity, the most earnest devotion to the principles of liberty and humanity, the truest patriotism and the wisest statesmanship.
"Heroic men, by hundreds of thousands, have died that the Republic might live. The emblems of mourning have darkened White House and cabin alike; but the fires of civil war have melted every fetter in the land, and proved the funeral pyre of slavery. It is for you, Representatives, to do your work as faithfully and as well as did the fearless saviors of the Union in their more dangerous arena of duty. Then we may hope to see the vacant and once abandoned seats around us gradually filling up, until this hall shall contain Representatives from every State and district; their hearts devoted to the Union for which they are to legislate, jealous of its honor, proud of its glory, watchful of its rights, and hostile to its enemies. And the stars on our banner, that paled when the States they represented arrayed themselves in arms against the nation, will shine with a more brilliant light of loyalty than ever before."
Mr. Colfax having finished his address, took the following oath, which stood as the most serious obstacle in the way of many elected to Congress from the Southern States:
"I do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God!"
The subordinate officers were then elected by resolution, and the House of Representatives being organized, was ready to enter upon its work.
Importance of surroundings — Members sometimes referred to by their seats — Senator Andrew Johnson — Seating of the Senators — Drawing in the House — The Senate-chamber as seen from the Gallery — Distinguished Senators — The House of Representatives — Some prominent characters — Importance of Committees — Difficulty in their appointment — Important Senate Committees — Committees of the House.
The localities and surroundings of men have an influence on their actions and opinions. A matter which, to the casual observer, seems so unimportant as the selection and arrangement of the seats of Senators and Representatives, has its influence upon the legislation of the country. Ever since parties have had an existence, it has been considered of vital moment that those of one political faith in a deliberative body should occupy, as nearly as possible, the same locality.
It is sometimes of service to a reader, in attempting to understand the reported proceedings of Congress, to know the localities of the members. Each seat has a sort of history of its own, and becomes in some way identified with its occupant. Members are frequently alluded to in connection with the seats they occupy. Sometimes it happens that, years after a man has gone from Congress, it is convenient and suggestive to refer to him by his old place in the chamber. As an illustration, Mr. Trumbull, in his speech on the veto of the Civil Rights Bill, desiring to quote Andrew Johnson, Senator, against Andrew Johnson, President, referred to "a speech delivered in this body by a Senator occupying, I think, the seat now occupied across the chamber by my friend from Oregon (Mr. Williams)."
A necessary and important part of the adjustment of the machinery, at the opening of each Congress, is the selection of seats. As the Senators serve for six years, and many of them have been reëlected more than once, there are comparatively few changes made at the opening of any Congress. The old members generally choose to retain their accustomed seats, and the small number that come in as new Senators choose among the vacant seats, as convenience or caprice may dictate.
In the House of Representatives the formality of drawing for seats is necessary. That this may be conveniently and fairly done, at the appointed time all the members retire to the antechambers, leaving the seats all unoccupied. The Clerk draws at random from a receptacle containing the names of all the members. As the members are called, one by one, they go in and occupy such seats as they may choose. The unlucky member whose name last turns up has little room for choice, and must be content to spend his Congressional days far from the Speaker, on the remote circumference, or to the right or left extreme.
There are in the Senate-chamber seventy seats, in three tiers of semi-circular arrangement. If all the old Southern States were represented by Senators on the floor, the seats would be more than full. As it was in the Thirty-ninth Congress, there were a number of vacant desks, all of them situated to the right and left of the presiding officer.
In a division of political parties nearly equal, the main aisle from the southern entrance would be the separating line. As it was, the Republican Senators occupied not only the eastern half of the chamber, but many of them were seated on the other side, the comparatively few Democratic Senators sitting still further to the west.
Seated in the gallery, the spectator has a favorable position to survey the grand historic scene which passes below. His eye is naturally first attracted to the chair which is constitutionally the seat of the second dignitary in the land—the Vice-President of the United States. That office, however, has no incumbent, since he who took oath a few months before to perform its duties was called to occupy a higher place, made vacant by a most atrocious crime. The event, however, cost the Senate little loss of dignity, since the chair is filled by a President pro tempore of great ability and excellence—Lafayette S. Foster, Senator from Connecticut.
The eye of the spectator naturally seeks out Charles Sumner, who sits away on the outer tier of seats, toward the south-east corner of the chamber; and near him, on the left, are seen the late Governors, now Senators, Morgan and Yates, of New York and Illinois. Immediately in front of them, on the middle tier of seats, is an assemblage of old and distinguished Senators—Trumbull, Wilson, Wade, and Fessenden. To the right of the Vice-President's chair, and in the row of seats neares this desk, sits the venerable and learned lawyer, Reverdy Johnson, of Maryland. Just in his rear sits the youthful Sprague, of Rhode Island, to whose right is seen Sherman, of Ohio. To the rear of these Senators, in the outer segment of seats, sits, or perhaps stands, Garrett Davis, of Kentucky, the most garrulous of old men, continually out of temper with the majority, yet all the time marked by what he calls his "usual courtesy." To the left of Davis, beyond Nesmith, of Oregon, and the other and more silent Senator from Kentucky, sits Saulsbury, of Delaware, unless he should be traversing the carpeted space in the rear of his seat, like a sentinel of the Senate.
Far different is the sight presented to the spectator who looks down from the galleries of the House of Representatives. The immense area below is supplied with two hundred and fifty-three seats, with desks arranged in semi-circular rows, having a point in front of the Speaker's desk as a focus. On the right of the spectator, as he looks from the gallery in front of the Speaker, is the Republican side of the House. But this prosperous organization has grown so rapidly since its birth, ten years ago, that it has overstepped all old and traditional party limitations. One-half of the House is not sufficient to afford its representatives adequate accommodations. Republican members have passed over the main aisle, and occupy half of the Democratic side, having pressed the thin ranks of their opponents to the extreme left.