Opening
[Transcriber's note: Obvious printer's errors have been corrected, all other inconsistencies are as in the original. The author's spelling has been maintained.
In some cases, part of the illustration's captions were illegible.]
HISTORY
OF THE
THIRTY-NINTH CONGRESS
OF THE
UNITED STATES.
By WILLIAM H. BARNES, A.M., AUTHOR OF "THE BODY POLITIC."
WITH PORTRAITS.
NEW YORK: HARPER & BROTHERS, PUBLISHERS, 327 TO 335 PEARL STREET. 1868.
Entered, according to Act of Congress, in the year 1868, by WILLIAM H. BARNES, In the Clerk's Office of the District Court of the United States for the District of Columbia.
Preface
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.
I. Opening Scenes
(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.
II. Locations of the Members and Cast of the Committees
(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.
III. Formation of the Joint Committee on Reconstruction
(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.
IV. Suffrage in the District of Columbia
(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.
V. The Freedmen
(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.
VI. The Freedmen's Bureau Bill in the Senate
(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.
VII. The Freedmen's Bureau Bill in the House
(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.
VIII. The Senate and the Veto Message
(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.
IX. The Civil Rights Bill in the Senate
(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.
X. The Civil Rights Bill in the House of Representatives
(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.
XI. The Civil Rights Bill and the Veto
(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.
XII. The Second Freedmen's Bureau 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.
XIII. First Words on Reconstruction
(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.
XIV. The Basis of Representation in the House
(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.
XV. The Basis of Representation in the Senate
(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.
XVI. Representation of the Southern States
(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.
XVII. The Reconstruction Amendment in the House
(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.
XVIII. The Reconstruction Amendment in the Senate
(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.
XIX. Report of the Committee on Reconstruction
(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.
XX. Restoration of Tennessee
(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.
XXI. Negro Suffrage
(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.
XXII. The Military Reconstruction Act
(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.
XXIII. Other Important Acts
(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.
XXIV. The President and Congress
(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.
XXV. Personal
(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
LIST OF PORTRAITS.
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
INTRODUCTORY.
By HON. SCHUYLER COLFAX,
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
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.
I. OPENING SCENES
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.
II. LOCATIONS OF THE MEMBERS AND CAST OF THE COMMITTEES
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.
As the spectator scans the House, his eye will rest on Thaddeus Stevens, whose brown wig and Roman cast of countenance mark the veteran of the House. He sits in the right place for a leader of the Republicans, about half-way back from the Speaker's desk, on the diagonal line which divides the western side of the House, where he can readily catch the Speaker's eye, and be easily heard by all his friends. Immediately in his rear is his successor in the chairmanship of the Committee of Ways and Means--Mr. Morrill, of Vermont. To the right, across the aisle, is Elihu B. Washburn, of Illinois, the oldest member in continuous service in the House; and to his rear is Henry J. Raymond, of the Times. To the right, and partly in the rear of Mr. Stevens, are a number of noteworthy men: among them are General Schenck, General Garfield, and "Long John" Wentworth, of Chicago. Far around to the right, and much nearer, the Speaker's desk, is seen a man distinguished in civil and military history, who once occupied the Speaker's chair--General Banks, of Massachusetts. In physical contrast with him, sits--in the adjoining desk, a tall, dark, bearded Californian--General John Bidwell, a new member of the House. On the opposite side of the House, among the Democrats, is the seat of John A. Bingham, who now returns to Congress after an absence of one term, whom his friends describe as the "best-natured and crossest-looking man in the House." James Brooks, most plausible and best-natured of Democrats, notwithstanding the inroads of the Republicans, sturdily keeps his seat near the main aisle. His seat, however, he is destined to lose before many months in favor of a contestant, who will occupy the other side of the chamber.
In looking down upon so large an assemblage, a large part of which is so distant, the eye of the spectator will weary in the attempt to discover and recognize individuals, however familiar, amidst the busy throng.
In preparing for the work of legislation, a matter of more importance than the arrangement of the seats is the cast of the committees. Most of the labor of legislative bodies is done by committees. As it is impossible for any one Congressman to give that minute and particular attention to all the numerous interests demanding legislation, essential to a wise determination as to what bills should be presented, and how they should be drawn in every case, the various subjects are parceled out among those whose opportunities, interests, or inclinations have led them to give particular attention to the matters committed to their charge. The perfection of legislation on particular subjects depends not more on the wisdom of the entire body of legislators than on the good sense of the committees that deliberate upon them. Much of the efficiency and success of the legislative acts of Congress will depend upon the structure of the committees that do the laborious work of preparing business for the body. Tracing the stream of legislative enactment still nearer to its source, it will be found that the work of a committee takes a decided tinge from the character of its chairman.
It consequently becomes a matter of great interest to the country, at the opening of each Congress, to know who constitute the committees. One of the most arduous and responsible duties of the Speaker of the House of Representatives is the selection of committees and filling their chairmanships. Fitness and special adaptation are supposed to constitute the rule by which choice is made. Many elements, however, enter into the work which are not a part of this philosophy. It is impossible that the presiding officer should know unerringly who is absolutely the fittest man for any position, and if he possessed such superhuman knowledge he would still be trammeled by long-established rules of precedence and promotion. There is often a regular gradation by which men arrive at positions which is not in direct ratio to their fitness for their places.
Notwithstanding all the errors which were unavoidable elements in the work, committees were never better constituted than those of the Thirty-ninth Congress.
The Senate being comparatively small in numbers, and, moreover, by usage, doing most of the details of this business in caucus, the announcement of the committees in this body was made on Wednesday, the third day of the session. On the other hand, the size of the House, the large proportion of new and unknown members appearing every term, the number and magnitude of the committees, and the fact that the duty of appointment devolved upon the Speaker, combined to render the reading out of committeemen in the latter body impossible before the following Monday, one week after the assembling of Congress.
Of the Senate Committee on Foreign Relations, Charles Sumner was appointed chairman. This is a very important committee, being the direct channel of communication between the State Department and the Senate. It being the constitutional duty of the Senate to pass upon all treaties, and to decide upon qualifications of all persons nominated by the Executive to represent the United States in foreign countries, the labors of this committee are arduous and responsible. The chairmanship of this committee was filled by a Senator of most eminent fitness and ability. His literary culture, and attainments as a scholar, his general legal ability and familiarity with the laws of nations, his residence abroad for several years, and his long membership in the Senate, now of fourteen years' duration, all marked him as wisely chosen for his important position.
On account of the immense National debt accumulated in the war, and the complication of the financial affairs of the nation, the Committee on Finance has an important bearing upon the interests of the country, unknown until recent years. William P. Fessenden was the Senator chosen chairman of this committee. His success in his private business, his appointment, in 1864, as the head of the Treasury Department, and his service in the Senate since 1853 as member of the Finance Committee, and since 1859 as its chairman, all indicated the propriety of his continuance in this position. Second on the list of this committee stood Senator Sherman, of Ohio, who has been described as "au fait on National Banks, fond of figures, and in love with finances."
The Committee on Commerce was constituted with Senator Chandler, of Michigan, as its chairman. Himself most successful in commercial life, in which he had attained distinction before coming to the Senate, and representing a State having a greater extent of coast and better facilities for commerce than any other inland community in the world, Senator Chandler was eminently suitable as head of the Committee on Commerce. His associates being selected from Maine, New York, Vermont, Wisconsin, Kansas, and Oregon, left unrepresented no important commercial interest in the nation.
The Committee on Manufactures was headed by William Sprague, Senator from Rhode Island, a State having the largest capital invested, and most persons employed in manufactures, in proportion to population, of any in the Union. Senator Sprague himself having been educated in the counting-room of a manufacturing establishment, and having control of one of the largest manufacturing interests in the country, was the appropriate person for such a position.
The agricultural States of Ohio, Kansas, Maryland, Pennsylvania, and Kentucky furnished the members of the Committee on Agriculture, with Senator Sherman at its head.
Of the Committee on the Judiciary, a Senator has given a description. In a speech delivered in the Senate, December 12, 1865, Mr. Doolittle, of Wisconsin, said: "From its very organization the Senate designs to make that committee its constitutional adviser--not that its opinions are to be conclusive or controlling on the vote of any member of this body, like the opinion of the bench of Judges in the House of Lords; but its members are chosen in consideration of their high professional ability, their long experience, and well-known standing as jurists, in order that their report upon constitutional questions may be entitled to the highest consideration. And, sir, if you look into the organization of the Judiciary Committee appointed by the Senate at the present session, what is it? There is the Senator from Illinois, [Mr. Trumbull], for years Judge of the Supreme Court of that State before he entered this body, who, for ten years and more, has been a faithful, laborious, distinguished member of that committee, and for the last four years its chairman. And there sits my honorable friend from New York [Mr. Harris], for twenty years before he came here known and distinguished among the able jurists and judges of that great State. And there is the honorable Senator from Vermont [Mr. Poland]. He has, it is true, just entered this body, but his reputation as a jurist preceded his coming, and he comes here to fill the place in this chamber, and is put upon this Judiciary Committee to fill the place of him of whom I will say, without disparagement to any, that he was the ablest jurist of us all--the late distinguished Senator from Vermont [Mr. Collamer]. And there is the Senator from New Hampshire [Mr. Clark], from the far East, and the Senator from Nevada [Mr. Stewart], from the Pacific coast, and the Senator from Indiana [Mr. Hendricks], from the central region, each of whom stands eminent in the profession in the State which he represents, and all of whom are recognized here among the ablest jurists of this body."
Some of the great political questions destined to engage the attention of the Thirty-ninth Congress invested the Committee on the District of Columbia with a national interest, although its duties pertained chiefly to the local concerns of the immediate neighborhood of the capital. Its chairman, Mr. Morrill, of Maine, as well as its members, among whom were Wade, Sumner, and Yates, gave it character and ability, and afforded assurance that the great questions involved would be calmly met and honestly answered.
In the House of Representatives, the Committee of Ways and Means has ever been regarded of first importance, and its chairman has been considered leader of the House. Its duties, though of a somewhat miscellaneous character, relate chiefly to devising the ways and means of raising revenue. The fact that the Constitution provides that "all bills for raising revenue shall originate in the House of Representatives," gives the Committee of Ways and Means a sort of preeminence over all other committees, whether of the Senate or the House.
The work of the Committee of Ways and Means, as it had existed before the Thirty-ninth Congress, was, at the opening of this session, divided among three committees; one retaining the old name and still remaining the leading committee, a second on Appropriations, and a third on Banking and Currency.
Of the new Committee of Ways and Means, Justin S. Morrill, of Vermont, was appointed chairman--a Representative of ten years' experience in the House, who had seen several years of service on the same committee. While his abilities and habits, as a student and a thinker, well adapted him for the work of conducting his committee by wise deliberation to useful measures, yet they were not characteristics fitting him with readiest tact and most resolute will to "handle the House."
Thaddeus Stevens, the old chairman of the Committee of Ways and Means, was appointed the head of the new Committee on Appropriations. His vigilance and integrity admirably fitted him for this position, while his age made it desirable that he should be relieved of the arduous labors of the Committee of Ways and Means. Of this committee he had been chairman in the two preceding Congresses, and had filled a large space in the public eye as leader of the House. His age--over seventy years--gave him the respect of members the majority of whom were born after he graduated at college--the more especially as these advanced years were not attended with any perceptible abatement of the intellectual vivacity or fire of youth. The evident honesty and patriotism with which he advanced over prostrate theories and policies toward the great ends at which he aimed, secured him multitudes of friends, while these same qualities contributed to make him many enemies. The timid became bold and the resolute were made stronger in seeing the bravery with which he maintained his principles. He had a habit of going straight to the issue, and a rugged manner of presenting his opinions, coupled with a cool assurance, which, one of his unfriendly critics once declared, "sometimes rose almost to the sublime." He alone, of all the members of the Pennsylvania Convention, in 1836, refused to sign the new State Constitution, because it robbed the negro of his vote. It was a fitting reward that he, in 1866, should stand in the United States House of Representatives, at the head of a majority of more than one hundred, declaring that the oppressed race should enjoy rights so long denied.
The Committee on Banking and Currency had as chairman Theodore M. Pomeroy, of New York, who had served four years in Congress. Perhaps its most important member was Samuel Hooper, a Boston merchant and financier, who, from the outset of his Congressional career, now entering upon the third term, had been on the Committee of Ways and Means, of which he still remained a member, the only Representative retaining connection with the old committee and holding a place in one of the new offshoots from it.
Hiram Price, of Iowa, was appointed chairman of the Committee on the Pacific Railroad. The Speaker of the House, in his recent visit to the Pacific coast, had been impressed with the importance of this work, and wisely chose as members of this committee Representatives from Pennsylvania, Minnesota, Massachusetts, New York, Missouri, Kansas, California, and Oregon.
A committee of much importance to Congress and the country--that of Commerce--had for its chairman Elihu B. Washburn, of Illinois, who had been in the previous Congress the oldest member in continuous service, and hence was styled "Father of the House."
The Committee on Elections subsequently lost some of its importance in the public estimation by the creation of a special committee to consider subjects of reconstruction and the admission of Southern members; yet the interests confided to it demanded ability, which it had in its chairman, Henry L. Dawes, of Massachusetts, as well as in the Representatives that constituted its membership.
The legislation relative to our vast unoccupied domain, having to pass through the Committee on Public Lands, renders this committee one of much importance. The honesty and ability of its chairman, George W. Julian, of Indiana, together with his long experience in Congress, gave to the recommendations of this committee great character and weight.
Of the Committee on the Judiciary, James F. Wilson, of Iowa, was appointed for the second time as chairman. George S. Boutwell, of Massachusetts, and other Representatives of ability, were appointed as members of this committee. Since the duty devolved upon it of taking testimony in regard to the impeachment of the President, this committee attracted public attention to a degree never known before.
The interests of manufactures were not likely to suffer in the hands of a committee in which the first place was held by James K. Moorhead, tanner's apprentice, and pioneer of cotton manufactures in Pennsylvania, and the second by Oakes Ames, a leading manufacturer of Massachusetts.
Agriculture--the most gigantic material interest in America--was intrusted to a committee having John Bidwell, of California, as its chairman, and members chosen from Iowa, Indiana, Vermont, Ohio, Kentucky, Michigan, Pennsylvania, and New York.
The chairmanship of the Committee on Military Affairs was bestowed upon a major-general of volunteers from Ohio, Robert C. Schenck; while membership on the committee was given to a Connecticut colonel, Henry C. Deming; a New Hampshire brigadier-general, Gilman Marston; a Kentucky major-general, Lovell H. Rousseau; a New York Colonel, John H. Ketchum, and four civilians.
Nathaniel P. Banks, Henry J. Raymond, and other men of much ability, were appointed on the Committee on Foreign Affairs.
Special committees were appointed on the important subjects of Bankruptcy and the Freedmen. Of the committee on the former, Thomas A. Jenckes was appointed chairman. Thomas D. Eliot, of Massachusetts, was made chairman of the Committee on the Freedmen.
Many other committees were appointed whose labors were arduous and necessary to our legislation, yet, as they had to do with subjects of no great general interest, they need not be named.
There was another committee, however, of great importance whose members were not yet designated. The resolution by which it should be created, was yet to pass through the ordeal of discussion. The process by which this committee was created will be described in the following chapter.
III. FORMATION OF THE JOINT COMMITTEE ON RECONSTRUCTION
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 Amendments of the Senate -- Concurrence of the House -- The Committee appointed.
Since it was known throughout the country that members-elect from Tennessee and other States recently in rebellion would appear at Washington on the opening of the Thirty-ninth Congress, and demand recognition of their right to represent their constituents, all eyes were turned to observe the action which would be taken on the subject. It was anticipated that the question would be sprung at once, and that a season of storm and excitement would ensue, unparalleled in the political history of the nation. Since the American people are exceedingly fond of excitements and sensations, the expectation of trouble in Congress drew immense numbers to its galleries on the first day of the session. Lovers of sensation were doomed to disappointment. Correspondents and reporters for the press, who were prepared to furnish for the newspapers descriptions of an opening of Congress "dangerously boisterous," were compelled to describe it as "exceptionally quiet."
The cause of this unexpected state of things was the fact that the majority had previously come to the wise conclusion that it would not be well to pass upon the admission of Southern members in open session and amid the confusion of organization. As there was so much difference of opinion concerning the status of the communities recently in rebellion, and such a variety of considerations must be regarded in reaching wise conclusions, it was deemed advisable that the whole subject should be calmly and deliberately investigated by a select number of able and patriotic men from both Houses of Congress.
Accordingly, on the first day of the session, soon after the House was organized, Mr. Thaddeus Stevens offered the following important RESOLUTION:
"Resolved, by the Senate and House of Representatives in Congress assembled, that a joint committee of fifteen members shall be appointed, nine of whom shall be members of the House, and six members of the Senate, who shall inquire into the condition of the States which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise; and until such report shall have been made, and finally acted upon by Congress, no member shall be received into either House from any of the said so-called Confederate States; and all papers relating to the representation of the said States shall be referred to the said committee without debate."
To avoid the delay occasioned by a protracted debate, Mr. Stevens called the previous question. The minority perceived the impossibility of preventing the final passage of the resolution, yet deemed it their duty to put it off as far as possible by their only available means--"dilatory motions." They first objected to the introduction of the resolution, under the rule that unanimous consent must be given to permit a resolution to come before the House without notice given on a previous day. To meet this difficulty, Mr. Stevens moved to suspend the rules to enable him to introduce the resolution. On this motion the yeas and nays were demanded. To suspend the rules under such circumstances required a two-thirds' vote, which was given--one hundred and twenty-nine voting for, and thirty-five against the motion. The rules having been suspended, the resolution was regularly before the House. A motion was then made to lay the resolution on the table, and the yeas and nays demanded. Thirty-seven were in favor of the motion, and one hundred and thirty-three against it. Before a call for the previous question is available to cut off debate, it must, by the rules of the House, be seconded by one-fifth of the members present. This having been done, the vote was taken by yeas and nays on the concurrent resolution submitted by Mr. Stevens. One hundred and thirty-three voted in favor of the resolution, and thirty-six against it, while thirteen were reported as "not voting." As this vote was on an important measure, and is significant as marking with considerable accuracy the political complexion of the House of Representatives, it should be given in detail.
The following are the names of those who voted "Yea:"
Messrs. Alley, Allison, Ames, Anderson, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clark, Sidney Clark, Cobb, Conkling, Cook, Cullom, Culver, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Chester D. Hubbard, Demas Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketchum, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orthe, Paine, Patterson, Perham, Phelps, Pike, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spaulding, Starr, Stevens, Stilwell, Thayer, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert Van Horn, Ward, Warner, Elihu B. Washburne, Welker, Wentworth, Whaley, Williams, James F. Wilson, Windom, and Woodbridge.
The following members voted "Nay:"
Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Dawson, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Aaron Harding, Hogan, James M. Humphrey, Johnson, Kerr, Le Blond, McCullough, Niblack, Nicholson, Noell, Radford, Samuel J. Randall, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Strouse, Tabor, Taylor, Thornton, Trimble, Winfield, and Wright.
The following are reported as "not voting:"
Messrs. Delos R. Ashley, James M. Ashley, Blaine, Farquhar, Harris, Edwin N. Hubbell, Jones, Marshall, Plants, Rousseau, Sloan, Francis Thomas, Voorhees, and William B. Washburn.
Thus the resolution passed the House. The immense size of this body required that, by stringent rule, debate should have limitation, and even sometimes be cut off altogether by the operation of previous question. This arrangement enabled skillful and resolute leaders to carry through this measure within an hour's time, whereas, in the Senate, a body of less than one-third the size, it passed after a delay of several days, and at the end of a discussion of considerable length.
On the day following the passage of the resolution in the House of Representatives, it was read in the Senate. Mr. Johnson, of Maryland, objecting to its being considered on the day of its reception, under a regulation of the Senate it was postponed.
After the lapse of a week, on Tuesday, December 12, the resolution was taken up for consideration in the Senate. Mr. Anthony moved to amend the enacting clause so as to change it from a joint resolution to a concurrent resolution, since, under its original shape, it would require the President's approval.
This amendment having been made, Mr. Anthony moved to further amend the resolution by striking out all after the word "otherwise." The following are the words proposed to be stricken out:
"And until such report shall have been made and finally acted on by Congress, no member shall be received into either house from any of the said so-called Confederate States; and all papers relating to the representation of said States shall be referred to the said committee without debate."
Mr. Howard, of Michigan, preferred the resolution as it came from the House of Representatives. "It contains within itself a pledge on the part of the two houses, that until the report of this important committee shall have been presented, we will not reädmit any of the rebel States, either by the recognition of their Senators or their Representatives. I think the country expects nothing less than this at our hands. I think that portion of the loyal people of the United States who have sacrificed so much of blood and treasure in the prosecution of the war, and who secured to us the signal victory which we have achieved over the rebellion, have a right to at least this assurance at our hands, that neither house of Congress will recognize as States any one of the rebel States until the event to which I have alluded.
"Sir, what is the present position and status of the rebel States? In my judgment they are simply conquered communities, subjugated by the arms of the United States; communities in which the right of self-government does not now exist. Why? Because they have been for the last four years hostile, to the most surprising unanimity hostile, to the authority of the United States, and have, during that period, been waging a bloody war against that authority. They are simply conquered communities, and we hold them, as we know well, as the world knows to-day, not by their own free will and consent as members of the Union, but solely by virtue of our military power, which is executed to that effect throughout the length and breadth of the rebel States. There is in those States no rightful authority, according to my view, at this time, but that of the United States; and every political act, every governmental act exercised within their limits, must necessarily be exercised and performed under the sanction and by the will of the conqueror.
"In short, sir, they are not to-day loyal States; their population are not willing to-day, if we are rightly informed, to perform peaceably, quietly, and efficiently the duties which pertain to the population of a State in the Union and of the Union; and for one I can not consent to recognize them, even indirectly, as entitled to be represented in either house of Congress at this time. The time has not yet come, in my judgment, to do this. I think that, under present circumstances, it is due to the country that we should give them the assurance that we will not thus hastily reädmit to seats in the legislative bodies here the representatives of constituencies who are still hostile to the authority of the United States. I think that such constituencies are not entitled to be represented here."
Mr. Anthony, of Rhode Island, said: "The amendment was proposed from no opposition to what I understand to be the purpose of the words stricken out. That purpose I understand to be that both houses shall act in concert in any measures which they may take for the reconstruction of the States lately in rebellion. I think that that object is eminently desirable, and not only that the two houses shall act in concert, but that Congress shall act in concert with the Executive; that all branches of the Government shall approach this great question in a spirit of comprehensive patriotism, with confidence in each other, with a conciliatory temper toward each other, and that each branch of the Government will be ready, if necessary, to concede something of their own views in order to meet the views of those who are equally charged with the responsibility of public affairs.
"The words proposed to be stricken out refer to the joint committee of the two houses of Congress matters which the Constitution confides to each house separately. Each house is made, by the Constitution, the judge of the elections, returns, and qualifications of its own members.
"There is one other reason why I move this amendment, and that is, that the resolution provides that papers shall be referred to this committee without debate. This is contrary to the practice of the Senate. The House of Representatives has found it necessary, for the orderly transaction of its business, to put limitations upon debate, hence the previous question and the hour rule; but the Senate has always resisted every proposition of this kind, and submitted to any inconvenience rather than check free discussion. Senators around me, who were here in the minority, felt that the right of debate was a very precious one to them at that time, and, as it was not taken from them, they are not disposed to take it from the minority now.
"The purpose of all that is stricken out can be effected by the separate action of the two houses, if they shall so elect. The House of Representatives, having passed this resolution by a great vote, will undoubtedly adopt, in a separate resolution, what is here stricken out; and, except so far as relates to the restriction upon debate, I shall, if this amendment be adopted and the resolution passed, offer a resolution substantially declaring it to be the opinion of the Senate that, until this committee reports--presuming that it will report in a reasonable time--no action should be taken upon the representation of the States lately in rebellion."
Mr. Doolittle, of Wisconsin, said: "All of these great questions, concerning reconstruction, pacification, and restoration of civil government in the Southern States, representation in this body, or any thing which concerns of Federal relations with the several States, ought to be referred to the Committee on the Judiciary. Such has been the practice of this Government from the beginning. Great questions of constitutional law, questions concerning the relations of the Union to the States and the States to the Union, and above all, and without any exception, all questions relating to representation in this body, to its membership, have always been referred to the Judiciary Committee.
"There is nothing in the history of the Senate, there is nothing in the constitution of this committee, which would send these great constitutional questions for advisement and consideration to any other committee than the Committee on the Judiciary. To place their consideration in the hands of a committee which is beyond the control of the Senate, is to distrust ourselves; and to vote to send their consideration to any other committee, is equivalent to a vote of want of confidence in the Judiciary Committee.
"I object to this resolution, because, upon these great questions which are to go to the joint committee, the Senate does not stand upon an equality with the House. This resolution provides that, of the joint committee of fifteen, nine shall be appointed by the House of Representatives, six only by the Senate, giving to the House portion of the committee a majority of three. We all know that in joint committees the members vote, not as the representatives of the two houses, but per capita. The vote of a member of the committee from the House weighs precisely the same as the vote of a member of the committee from the Senate; so that, to all intents and purposes, if we pass this concurrent resolution, which we can not repeal but by the concurrence of the other house, we place the consideration of these grave questions in the hands of a committee which we can not control, and in which we have no equal voice.
"Under the Constitution, upon all subjects of legislation but one, the two houses are equal and coördinate branches of Congress. That one relates to their representation in the bodies, to their membership, that which constitutes their existence, which is essential to their life and their independence. That is confided to each house, and to each house alone, to act for itself. It judges for itself upon the elections, returns, and qualifications of its members. It judges, it admits, it punishes, it expels. It can not share that responsibility with any other department of the Government. It can no more share it with the other house than it can share it with the Supreme Court or with the President. It is a matter over which its jurisdiction is exclusive of every other jurisdiction. It is a matter in which its decisions, right or wrong, are absolute and without appeal. In my opinion the Senate of the United States can not give to a committee beyond its control this question of the representation in this body, without a loss of its self-respect, its dignity, its independence; without an abandonment of its constitutional duty and a surrender of its constitutional powers.
"There is another provision in this resolution, as it stands, that we shall refer every paper to the committee without debate. Yes, sir, the Senate of the United States is to be led like a lamb to the slaughter, bound hand and foot, shorn of its constitutional power, and gagged, dumb; like the sheep brought to the block! Is this the condition to which the Senator from Michigan proposes to reduce the Senate of the United States by insisting upon such a provision as that contained in the resolution as it comes from the House of Representatives?
"There is a still graver objection to this resolution as it stands. The provision that 'until such report shall have been made and finally acted on by Congress, no member shall be received into either house from any of the so-called Confederate States,' is a provision which, by law, excludes those eleven States from their representation in the Union. Sir, pass that resolution as it stands, and let it receive the signature of the President, and you have accomplished what the rebellion could not accomplish, what the sacrifice of half a million men could not accomplish in warring against this Government--you have dissolved the Union by act of Congress. Sir, are we prepared to sanction that? I trust never.
"The Senator from Michigan talks about the status of these States. He may very properly raise the question whether they have any Legislatures that are capable of electing Senators to this body. That is a question of fact to be considered; but as to whether they are States, and States still within the Union, notwithstanding their civil form of government has been overturned by the rebellion, and their Legislatures have been disorganized, that they are still States in this Union is the most sacred truth and the dearest truth to every American heart, and it will be maintained by the American people against all opposition, come from what quarter it may. Sir, the flag that now floats on the top of this Capitol bears thirty-six stars. Every star represents a State in this Union. I ask the Senator from Michigan, does that flag, as it floats there, speak the nation's truth to our people and to the world, or is it a hypocritical, flaunting lie? That flag has been borne at the head of our conquering legions through the whole South, planted at Vicksburg, planted at Columbia, Savannah, Charleston, Sumter; the same old flag which came down before the rebellion at Sumter was raised up again, and it still bore the same glorious stars; 'not a star obscured,' not one.
"These people have been disorganized in their civil governments in consequence of the war; the rebels overturned civil government in the first place, and we entered with our armies and captured the rebellion; but did that destroy the States? Not at all. We entered the States to save them, not to destroy them. The guarantee of the Constitution is a guarantee to the States, and to every one of the States, and the obligation that rests upon us is to guarantee to South Carolina a republican form of government as a State in this Union, and not as a Territory. No State nor the people of any State had any power to withdraw from the Union. They could not do it peacefully; they undertook to do it by arms. We crushed the attempt; we trampled their armies under our feet; we captured the rebellion; the States are ours; and we entered them to save, and not to destroy.
"The Constitution of the United States requires the President, from time to time, to give to Congress information of the state of the Union. Who has any right to presume that the President will not furnish the information which his constitutional duty requires? He has at his control all the agencies which are necessary. There is the able Cabinet who surround him, with all the officers appointed under them: the post-masters under the Post-office Department, the treasury agents under the Treasury Department, and almost two hundred thousand men under the control of the War Department, in every part of this 'disaffected' region, who can bring to the President information from every quarter of all the transactions that exist there. That the President of the United States will be sustained, in the views which he takes in his message, by the people of this country, is as certain as the revolutions of the earth; and it is our duty to act harmoniously with him, to sustain him, to hold up his hands, to strengthen his heart, to speak to him words of faith, friendship, and courage.
"I know that in all these Southern States there are a thousand things to give us pain, sometimes alarm, but notwithstanding the bad appearance which from time to time presents itself in the midst of that boiling caldron of passion and excitement which the war has left still raging there, the real progress which we have made has been most wonderful. I am one of those who look forward with hope, for I believe God reigns and rules in the affairs of mankind. I look beyond the excitement of the hour and all the outbreaking passion which sometimes shows itself in the South, which leads them to make enactments in their Legislatures which are disgraceful to themselves, and can never be sanctioned by the people of this country, and also in spite of all the excitement of the North, I behold the future full of confidence and hope. We have only to come up like men, and stand as the real friends of the country and the Administration, and give to the policy of the President a fair and substantial trial, and all will be well."
Mr. Fessenden, of Maine, then remarked: "When this resolution was first promulgated in the newspapers as having been agreed upon, I approved it because I sympathized with its object and purpose. I did not examine it particularly; but, looking simply at what it was designed for, it met my approbation simply for this reason: that this question of the reädmission of these Confederate States, so called, and all the questions connected with that subject, I conceived to be of infinite importance, requiring calm and serious consideration, and I believe that the appointment of a committee, carefully selected by the two houses, to take that subject into consideration, was not only wise in itself, but an imperative duty resting upon the representatives of the people in the two branches of Congress. For myself, I was not prepared to act upon that question at once. I am not one of those who pin their faith upon any body, however eminent in position, or conceive themselves obliged, on a question of great national importance, to follow out any body's opinions simply because he is in a position to make those opinions, perhaps, somewhat more imperative than any other citizen of the republic. Talk about the Administration! Sir, we are a part of the Administration, and a very important part of it. I have no idea of abandoning the prerogatives, the rights, and the duties of my position in favor of any body, however that person or any number of persons may desire it. In saying this, I am not about to express an opinion upon the subject any further than I have expressed it, and that is, that in questions of such infinite importance as this, involving the integrity and welfare of the republic in all future time, we are solemnly bound, and our constituents will demand of us that we examine them with care and fidelity, and act on our own convictions and not upon the convictions of others.
"I do not agree with the honorable Senator from Wisconsin, that by passing a simple resolution raising a committee of our own body, and referring to it certain papers, if we conclude to do so, we are infringing upon the rights of any body or making an intimation with regard to any policy that the President may have seen fit to adopt and recommend to the country. Sir, I trust there are no such things as exclusive friends of the President among us, or gentlemen who desire to be so considered. I have as much respect for the President of the United States probably as any man. I acted with him long, and I might express the favorable opinions which I entertain of him here, if they would not be out of place and in bad taste in this body. That I am disposed and ready to support him to the best of my ability, as every gentleman around me is, in good faith and with kind feeling in all that he may desire that is consistent with my views of duty to the country, giving him credit for intentions as good as mine, and with ability far greater, I am ready to asseverate.
"But, sir, I do not agree with the doctrine, and I desire to enter my dissent to it now and here, that, because a certain line of policy has been adopted by one branch of the Government, or certain views are entertained by one branch of the Government, therefore, for that reason alone and none other, that is to be tried, even if it is against my judgment; and I do not say that it is or is not. That is a question to be considered. I have a great respect, not for myself, perhaps, but for the position which I hold as a Senator of the United States; and no measure of Government, no policy of the President, or of the head of a department, shall pass me while I am a Senator, if I know it, until I have examined it and given my assent to it; not on account of the source from which it emanates, but on account of its own intrinsic merits, and because I believe it will result in the good of my country. That is my duty as a Senator, and I fear no misconstruction at home on this subject or any other.
"Now, therefore, sir, I hope that, laying aside all these matters, which are entirely foreign, we shall act upon this resolution simply as a matter of business. No one has a right to complain of it that we raise a committee for certain purposes of our own when we judge it to be necessary. It is an imputation upon nobody; it is an insult to nobody; it is not any thing which any sensible man could ever find fault with, or be disposed to do so. It is our judgment, our deliberate judgment, our friendly judgment--a course of action adopted from regard to the good of the community, and that good of the community comprehends the good of every individual in it."
Mr. Saulsbury, of Delaware, said: "This resolution is very objectionable to my mind. It is for the appointment of a committee of the two houses to determine and to report upon what? The right of representation of eleven States in this body. What determines the rights of those States to representation here? Is it the views of the members of the House of Representatives? Do we stand in need of any light, however bright it may be, that may come from that distinguished quarter? Are we going to ask them to illuminate us by wisdom, and report the fact to us whether those States are entitled to representation on this floor?
"Mr. President, on the first day of your assemblage after the battle of Manassas, you and they declared, by joint resolution, that the object for which the war was waged was for no purpose of conquest or subjugation, but it was to preserve the union of the States, and to maintain the rights, dignity, and equality of the several States unimpaired. While that war was being waged there was no action, either of this house or of the House of Representatives, declaring that, when it was over, the existence of those States should be ignored, or their right to representation in Congress denied. Throughout the whole contest the battle-cry was 'the preservation of the Union' and 'the Union of the States.' If there was a voice then raised that those States had ceased to have an existence in this body, it was so feeble as to be passed by and totally disregarded.
"Sir, suppose this committee should report that those States are not entitled to representation in this body, are you bound by their action? Is there not a higher law, the supreme law of the land, which says if they be States that they shall each be entitled to two Senators on this floor? And shall a report of a joint committee of the two houses override and overrule the fundamental law of the land? Sir, it is dangerous as a precedent, and I protest against it as an humble member of this body. If they be not States, then the object avowed for which the war was waged was false."
Mr. Hendricks, of Indiana, said: "I shall vote against this resolution because it refers to a joint committee a subject which, according to my judgment, belongs exclusively to the Senate. I know that the resolution no longer provides in express terms that the Senate, pending the continuance of the investigation of this committee, will not consider the question of credentials from these States, but in effect it amounts to that. The question is to be referred to the committee, and according to usage, and it would seem to be the very purpose of reference that the body shall not consider the subject while the question is before them. I could not vote for a resolution that refers to a joint committee a subject that this body alone can decide. If there are credentials presented here, this body must decide the question whether the person presenting the credentials is entitled to a seat; and how can this body be influenced by any committee other than a committee that it shall raise itself?"
Mr. Trumbull, of Illinois, then followed: "If I understood the resolution as the Senator from Indiana does, I should certainly vote with him; but I do not so understand it. It is simply a resolution that a joint committee be raised to inquire into the condition of the States which formed the so-called Confederate States of America, and to report whether they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise. It is true, as the Senator says, that after having raised this committee, the Senate will not be likely to take action in regard to the admission of the Senators from any of these States until the committee shall have had a reasonable time at least to act and report; but it is very desirable that we should have joint action upon this subject. It would produce a very awkward and undesirable state of things if the House of Representatives were to admit members from one of the lately rebellious States, and the Senate were to refuse to receive Senators from the same State.
"We all know that the State organizations in certain States of the Union have been usurped and overthrown. This is a fact of which we must officially take notice. There was a time when the Senator from Indiana, as well as myself, would not have thought of receiving a Senator from the Legislature, or what purported to be the Legislature, of South Carolina. When the people of that State, by their Representatives, undertook to withdraw from the Union and set up an independent government in that State, in hostility to the Union, when the body acting as a Legislature there was avowedly acting against this Government, neither he nor I would have received Representatives from it. That was a usurpation which, by force of arms, we have put down. Now the question arises, Has a State government since been inaugurated there entitled to representation? Is not that a fair subject of inquiry? Ought we not to be satisfied upon that point? We do not make such an inquiry in reference to members that come from States which have never undertaken to deny their allegiance to the Government of the United States. Having once been admitted as States, they continue so until by some positive act they throw off their allegiance, and assume an attitude of hostility to the Government, and make war upon it; and while in that condition, I know we should all object that they, of course, could not be represented in the Congress of the United States. Now, is it not a proper subject for inquiry to ascertain whether they have assumed a position in harmony with the Government? and is it not proper that that inquiry should be made the subject of joint action?"
Mr. Guthrie, of Kentucky, wished to ask the friends of this resolution if it was contemplated that this committee should take evidence, and report that evidence to the two houses. "If," said he, "they are only to take what is open to every member of the Senate, the fact that the rebellion has been suppressed; the fact that the President of the United States has appointed officers to collect the taxes, and, in some instances, judges and other officers; that he has sent the post-office into all the States; that there have been found enough individuals loyal to the country to accept the offices; the fact that the President has issued his proclamation to all these States, appointing Provisional Governors; that they have all elected conventions; that the conventions have rescinded the ordinances of secession; that most of them have amended their constitutions and abolished slavery, and the Legislatures of some of them have passed the amendment to the Constitution on the subject of slavery--if they are only to take these facts, which are open and clear to us all, I can see no necessity for such a committee. My principal objection to the resolution is, that this committee can give us no information which we do not now possess, coupled with the fact that the loyal conservative men of the United States, North, South, East, and West, do most earnestly desire that we shall so act that there shall be no longer a doubt that we are the United States of America, in full accord and harmony with each other.
"I know it has been said that the President had no authority to do these things. I read the Constitution and the laws of this country differently. He is to 'take care that the laws be faithfully executed;' he is to suppress insurrection and rebellion. The power is put in his hands, and I do not see why, when he marches into a rebel State, he has not authority to put down a rebel government and put up a government that is friendly to the United States, and in accordance with it. I do not see why he can not do that while the war goes on, and I do not see why he may not do it after the war is over. The people in those States lie at the mercy of the nation. I see no usurpation in what he has done, and if the work is well done, I, for one, am ready to accept it. Are we to send out a commission to see what the men whom he has appointed have done? It is said that they are not to be relied on; that they have been guilty of treason, and we will not trust them. I hope that no such ideas will prevail here. I think this will be a cold shock to the warm feelings of the nation for restoration, for equal privileges and equal rights. They were in insurrection. We have suppressed that insurrection. They are now States of the Union; and if they come here according to the laws of the States, they are entitled, in my judgment, to representation, and we have no right to refuse it. They are in a minority, and they would be in a minority even if they meant now what they felt when they raised their arms against the Government; but they do not, and of those whom they will send here to represent them, nineteen out of twenty will be just as loyal as any of us--even some of those who took up arms against us.
"I really hope to see some one move a modification of the test oath, so that those who have repented of their disloyalty may not be excluded, for I really believe that a great many of those who took up arms honestly and wished to carry out the doctrines of secession, and who have succumbed under the force of our arms and the great force of public opinion, can be trusted a great deal more than those who did not fight at all.
"To conclude, gentlemen, I see no great harm in this resolution except the procrastination that will result from it, and that will give us nothing but what we have before us."
The question being taken, the resolution, as amended, passed the Senate, thirty-three voting in the affirmative and eleven in the negative. The following are the names of those who voted for the resolution:
Messrs. Anthony, Brown, Chandler, Clark, Conness, Creswell, Fessenden, Foot, Foster, Grimes, Harris, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Norton, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, and Yates.
The following Senators voted against the resolution:
Messrs. Buckalew, Cowan, Dixon, Doolittle, Guthrie, Hendricks, Johnson, Riddle, Saulsbury, Stockton, and Wright.
Five Senators were absent: Messrs. Cragin, Davis, Henderson, McDougall, and Nesmith.
On the day succeeding the adoption of the concurrent resolution by the Senate, the amendments of that body came before the House of Representatives. Mr. Thaddeus Stevens moved that the House concur in the amendments of the Senate. He said: "The Senate took what to them appeared to be the proper view of their prerogatives, and, though they did not seem to differ with us as to the main object, the mode of getting at it with them was essential, and they very properly put the resolution in the shape they considered right. They have changed the form of the resolution so as not to require the assent of the President; and they have also considered that each house should determine for itself as to the reference of papers, by its own action at the time. To this I see no objection, and, while moving to concur, I will say now, that when it is in order I shall move, or some other gentleman will move when his State is called, a resolution precisely similar, or very nearly similar, to the provision which the Senate has stricken out, only applicable to the House alone."
The House then concurred in the amendments of the Senate, so the resolution passed in the following form:
"Resolved, by the House of Representatives (the Senate concurring), That a joint committee of fifteen members shall be appointed, nine of whom shall be members of the House, and six members of the Senate, who shall inquire into the condition of the States which formed the so-called Confederate States of America, and report whether they, or any of them, are entitled to be represented in either house of Congress, with leave to report at any time, by bill or otherwise."
A resolution subsequently passed the House, "That all papers offered relative to the representation of the late so-called Confederate States of America, shall be referred to the joint committee of fifteen without debate, and no members shall be admitted from either of said so-called States until Congress shall declare such States entitled to representation."
On the fourteenth of December the Speaker announced the names of the committee on the part of the House. They were: Thaddeus Stevens, Elihu B. Washburn, Justin S. Morrill, Henry Grider, John A. Bingham, Roscoe Conkling, George S. Boutwell, Henry T. Blow, and Andrew J. Rogers.
On the twenty-first of December the following gentlemen were announced as members of the committee on the part of the Senate: William Pitt Fessenden, James W. Grimes, Ira Harris, Jacob M. Howard, Reverdy Johnson, and George H. Williams.
Thus, before the adjournment of Congress for the holidays, the Joint Committee of Fifteen on Reconstruction had been appointed and empowered to proceed with investigations of the utmost importance to the country. Hated by the late insurgents of the South, who expected little leniency at its hands; opposed by politicians at the North, who viewed it as an obstacle in the way of their designs, and even misrepresented by the President himself, who stigmatized it as a "Central Directory," this committee went forward in the discharge of its important duties, without fear or favor, having a marked influence upon the doings of Congress and the destinies of the country.
Meanwhile other important measures were enlisting the attention of Congress, and were proceeding, by the slow but steady steps of parliamentary progress, to their final consummation.
IV. SUFFRAGE IN THE DISTRICT OF COLUMBIA
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. Kelley -- 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.
Whatever differences of opinion may exist as to the authority of Congress to legislate for States loyal or disloyal, or for Territories, there is entire unanimity as to the power and duty of Congress to enact laws for the District of Columbia. Here there is no countercurrent of "reserved rights" or "State sovereignty" opposed to the authority of Congress.
Congress being responsible for the legislation of the District of Columbia, we naturally look in that direction for an exhibition in miniature of the policy of the national legislature on questions relating to the interests of the nation at large. If slavery flourished and the slave-market existed in the capital, it was because a majority of the people of the United States were willing. So soon as the nation became anti-slavery, the "peculiar institution" could no longer exist in the District of Columbia, although it might still survive in other localities.
The General Government having become completely disenthralled from the dominion of slavery, and a wide-spread opinion prevailing at the North that all loyal men should enjoy the right of suffrage, the members of the Thirty-ninth Congress convened with a sense of duty impelling them to begin the great work of political reform at the capital itself. Hence Mr. Wade, as we have seen, on the first day of the session, introduced "Senate bill Number One," designed, as its title declared, "to regulate the elective franchise in the District of Columbia." In the House of Representatives, on the second day of the session, Mr. Kelley introduced "a bill extending the right of suffrage in the District of Columbia." This bill was referred to the Judiciary Committee.
In the House of Representatives, on the 18th of December, Mr. Wilson, chairman of the Committee on the Judiciary, reported a bill extending the right of suffrage in the District of Columbia. The bill provided that from all laws and parts of laws prescribing the qualification of electors for any office in the District of Columbia, the word "white" should be stricken out; also, that from and after the passage of the bill, no person should be disqualified from voting at any election held in the District of Columbia on account of color; also, that all acts of Congress, and all laws of the State of Maryland in force in the District of Columbia, and all ordinances of the cities of Washington and Georgetown inconsistent with the provisions of the bill, should be repealed and annulled.
This bill was made the special order for Wednesday the 10th of January.
Mr. Wilson, of Iowa, whose duty it was, as chairman of the Judiciary Committee, to report the bill, opened the discussion by speaking as follows in favor of the measure:
"Can we excuse ourselves in continuing a limitation on the right of suffrage in the capital of the republic that has no justification in reason, justice, or in the principles on which we profess to have based our entire political system? Upon this question there seems to have been but little difference of opinion among the men who laid the foundation and built the superstructure of this Government. In those days no limitation was placed upon the enjoyment of the defensive rights of the citizen, including the right of suffrage, on account of the color of the skin, except in the State of South Carolina. All of the other States participating in the formation of the Government of the United States had some limitation, based on sex, or age, or property placed upon the right of suffrage; but none of them so far forgot the spirit of our Constitution, the great words of the Declaration of Independence, or the genius of our institutions, as to inquire into the color of a citizen before allowing him the great defensive right of the ballot. It is true, that as the republic moved off in its grand course among the nations a change occurred in the minds and practices of the people of a majority of the States. The love of liberty, because of its own great self, and not because of its application to men of a particular color, lost its sensitive character and active vitality. The moral sense of the people became dormant through the malign influence of that tolerated enemy to all social and governmental virtue, human slavery. The public conscience slumbered, its eyes closed with dollars and its ears stuffed with cotton. When these things succeeded the active justice, abounding mercy, and love of human rights of the earlier days, State after State fell into the dark line of South Carolinian oppression, and adopted her anti-republican limitation of the right of suffrage. A few States stood firm and kept their faith, and to-day, when compared with the bruised and peeled and oppression-cursed State of South Carolina, stand forth as shining examples of the great rewards that are poured upon the heads of the just. Massachusetts and South Carolina, the one true, the other false to the faith and ideas of the early life of the nation, should teach us how safe it is to do right, and how dangerous it is to do wrong; how much safer it is to do justice than it is to practice oppression.
"But, sir, not the States alone fell into this grievous error. The General Government took its stand upon the side of injustice, and apostatized from the true faith of the nation, by depriving a portion of its citizens of the political right of self-defense, the use of the ballot. What good has come to us from this apostasy? Take the history of the municipal government of this city, and what is there in its pages to make an American feel proud of the results of this departure from the principles of true democracy? Is there a worse governed city in all the republic? Where in all the country was there to be found such evidences of thriftless dependence as in this city before the cold breath of the North swept down here during the rebellion and imparted a little of 'Yankee' vigor to its business and population? Where within the bounds of professed fidelity to the Government was true loyalty at a lower ebb, and sympathy with the rebellion at higher flood; freedom more hated, and emancipation more roundly denounced; white troops harder to raise, and black ones more heartily despised; Union victories more coldly received, and reverses productive of less despondency, than right among that portion of the voting population and its adjuncts which control the local elections in this District? With what complaisance the social elements of this capital fostered the brood of traitors who rushed hence to the service of the rebellion in 1861! Are these fruits of our errors pleasing?
"I would not be vindictive, I would be just. I do not want to legislate against the white citizen for the purpose of advancing the interests of the colored citizen. It is best to guard against all such legislation. Let the laws which we pass here be of such pure republican character, that no person can tell from the reading of them what color is stamped upon the faces of the citizens of the United States. Let us have no class legislation, no class privileges. Let our laws be just and uniform in their operation. This is the smooth sea upon which our ship of state may sail; all others are tempestuous and uncertain.
"And now, Mr. Speaker, who are the persons upon whom this bill will operate, if we shall place it upon the statute-book of the nation? They are citizens of the United States and residents of the District of Columbia. It is true that many of them have black faces, but that is God's work, and he is wiser than we. Some of them have faces marked by colors uncertain; that is not God's fault. Those who hate black men most intensely can tell more than all others about this mixture of colors. But, mixed or black, they are citizens of this republic, and they have been, and are to-day, true and loyal to their Government; and this is vastly more than many of their contemners can claim for themselves. In this District a white skin was not the badge of loyalty while a black skin was. No traitor breathed the air of this capital wearing a black skin. Through all the gradations of traitors, from Wirz to Jeff. Davis, criminal eyes beamed from white faces. Through all phases of treason, from the bold stroke of Lee upon the battle-field to the unnatural sympathy of those who lived within this District, but hated the sight of their country's flag, runs the blood which courses only under a white surface. While white men were fleeing from this city to join their fortunes with the rebel cause, the returning wave brought black faces in their stead. White enemies went out, black friends came in. As true as truth itself were these poor men to the cause of this imperiled nation. Wherever we have trusted them, they have been true. Why will we not deal justly by them? Why shall we not, in this District, where the first effective legislative blow fell upon slavery, declare that these suffering, patient, devoted friends of the republic shall have the power to protect their own rights by their own ballots? Is it because they are ignorant? Sir, we are estopped from that plea. It comes too late. We did not make this inquiry in regard to the white voter. It is only when we see a man with a dark skin that we think of ignorance. Let us not stand on this now in relation to this District. The fact itself is rapidly passing away, for there is no other part of the population of the District so diligent in the acquisition of knowledge as the colored portion. In spite of the difficulties placed in their pathway to knowledge by the white residents, the colored people, adults and children, are pressing steadily on.
"Taken as a class, they surely show themselves possessed of enough of the leaven of thrift, education, morality, and religion to render it safe for us to make the experiment of impartial suffrage here. Let us make the trial. A failure can work no great harm, for to us belongs the power to make any change which the future may show to be necessary. How can we tell whether success or failure shall be the fruit of a practical application of the principles upon which our institutions rest, unless we put them to a fair test? Give every man a fair chance to show how well he can discharge the duties of fully recognized citizenship. This is the way to solve the problem, and in no other way can it be determined. That success will attend the experiment I do not doubt. Others believe the result will prove quite the reverse. Who is right and who wrong can be ascertained only by putting the two opinions to a practical test. The passage of this bill will furnish this test, and to that end I ask for it the favorable consideration of this house."
Mr. Boyer, of Pennsylvania, said: "The design of this bill is to inaugurate here, upon this most conspicuous stage, the first act of the new political drama which is intended to culminate in the complete political equality of the races and the establishment of negro suffrage throughout the States. Constitutional amendments with this view have been already introduced at both ends of the Capitol. The object of the leaders of this movement is no longer concealed; and if there is any thing in their action to admire, it is the candor, courage, and ability with which they press their cause. The agitation is to go on until the question has been settled by the country, and it may as well be met here upon the threshold. The monstrous proposition is nothing less than the absorption into the body politic of the nation of a colored population equal to one-sixth of all the inhabitants of the country, as the census reports will show. Four millions of the population so to be amalgamated have been just set free from a servitude, the debasing influences of which have many a time been vividly depicted in the anti-slavery speeches of the very men who are the most prominent champions of this new political gospel.
"The argument in favor of the American negro's right to vote must be measured by his capacity to understand and his ability to use such right for the promotion of the public good. And that is the very matter in dispute. But the point does not turn simply upon the inferiority of the negro race; for differences without inferiority may unfit one race for political or social assimilation with another, and render their fusion in the same government incompatible with the general welfare. It is, as I conceive, upon these principles that we must settle the question whether this is a white man's government.
"The negro has no history of civilization. From the earliest ages of recorded time he has ever been a savage or a slave. He has populated with teeming millions the vast extent of a continent, but in no portion of it has he ever emerged from barbarism, and in no age or country has he ever established any other stable government than a despotism. But he is the most obedient and happy of slaves.
"Of all men, the negroes themselves are best contented with their situation. They are not the prime movers in the agitations which concern them. An examination of the tables of the last census will demonstrate that they do not attach much importance to political rights. It will be found that the free people of color are most numerous in some of those States which accord them the fewest political privileges; and in those States which have granted them the right of suffrage they seem to see but few attractions. In Maryland there were, in 1860, 83,942 free people of color; in Pennsylvania, 56,949; in Ohio, 36,673. In neither of those States were they voters. In the State of New York, where they could not vote except under a property qualification, which excluded the most of them, they numbered 49,005. But in Massachusetts, where they did then and do now vote, there were but 9,602. And in all New England, (except Connecticut, where they are not allowed to vote,) there were at the last census but 16,084. If the American negro, in his desire and capacity for self-government, bore any resemblance to the Caucasian, he would distinguish himself by emigration; and, spurning the soil which had enslaved his race, he would seek equality and independence in a more congenial clime. But the spirit of independence and hardy manhood which brought the Puritans to the shores of a New England wilderness he lacks. He will not even go to Massachusetts now, although, instead of a stormy ocean, his barrier is only an imaginary State line, and instead of a howling wilderness, he is invited to a land resounding with the myriad voices of the industrial arts, and instead of painted savages with uplifted tomahawks, he has reason to expect a crowd of male and female philanthropists, with beaming faces and outstretched hands, to welcome him and call him brother. There will he find lecturers to prove his equality, and statesmen to claim him as an associate ruler in the land. If he cares for these things, or is fit for them, why does he linger outside upon the very borders of his political Eden? Why does he not enter into it--avoiding Connecticut in his route--and take possession? The fact is, that the fine political theories set up in his behalf are not in accordance with the natural instinct of the negro, which, in this particular, is truer than the philosophy of his white advisers.
"They are but superficial thinkers who imagine that the organic differences of races can be obliterated by the education of the schools. The qualities of races are perpetuated by descent, and are the result of historical influences reaching far back into the generations of the past. An educated negro is a negro still. The cunning of the chisel of a Canova could not make an enduring Corinthian column out of a block of anthracite; not because of its color, but on account of the structure of its substance. He might indeed, with infinite pains, give it the form, but he could not impart to it the strength and adhesion of particles required to enable it to brave the elements, and the temple it was made to support would soon crumble into ruin."
Mr. Schofield, of Pennsylvania, said: "The cheapest elevator and best moralizer for an oppressed and degraded class is to inspire them with self-respect, with the belief in the possibility of their elevation. Bestow the elective franchise upon the colored population of this District, and you awaken the hope and ambition of the whole race throughout the country. Hitherto punishment has been the only incentive to sobriety and industry furnished these people by American law. They were kept too low to feel disgrace, and reward was inconsistent with the theory of 'service owed.' Let us try now the persuasive power of wages and protection. If colored suffrage is still considered an experiment, this District is a good place in which to try it. The same objections do not exist here that are urged on behalf of some of the States. No constitutional question intervenes. Here, at least, Congress is supreme. The law can be passed, and if it is found to be bad, a majority can repeal it. The colored race is too small in numbers here to endanger the supremacy of the white people, but large and loyal enough to counteract to some extent disloyal proclivities.
"Both the precept and practice of our fathers refute the allegation that this is exclusively a white man's government. If we can not now consent to so slight a recognition, as proposed by this bill, of the great underlying theory of our Government, as declared and practiced by our fathers, we are thrown back upon that new and monstrous doctrine, that the five millions of our colored population, and their posterity forever, have no rights that a white man is bound to respect.
"Who pronounces this crushing sentence? The political South. And what is this South? The Southern master and his Northern minion. Have these people wronged the South? Have they filled it with violence, outrage, and murder? No, sir; they are remarkably gentle, patient, and respectful. Have they despoiled its wealth or diminished its grandeur? No, sir; their unpaid toil has made the material South. They removed the forests, cleared the fields, built the dwellings, churches, colleges, cities, highways, railroads, and canals. Why, then, does the South hate and persecute these people? Because it has wronged them. Injustice always hates its victim. They are forced to look to the North for justice. And what is the North? Not the latitude of frosts; not New England and the States that border on the lakes, the Mississippi, and the Pacific. The geographical is lost in the political meaning of the word. The North, in a political sense, means justice, liberty, and union, and in the order in which I have named them. Jefferson defined this 'North' when he wrote 'all men are created equal, endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness.' This North has no geographical boundaries. It embraces the friends of freedom in every quarter of this great republic. Many of its bravest champions hail from the geographical South. The North, that did not fear the slave power in its prime, in the day of its political strength and patronage, when it commanded alike the nation and the mob, and for the same cruel purpose, will not be intimidated by its expiring maledictions around this capital. The North must pass this bill to vindicate its sincerity and its courage. The slave power has already learned that the North is terrible in war, and forgiving and gentle in peace; let its crushed and mangled victims learn from the passage of this bill, that the justice of the North, unlimited by lines of latitude, unlimited by color or race, slumbereth not."
Mr. Kelley, of Pennsylvania, followed: "In preparing to begin the work of reconstructing the grandest of human governments, shattered for a time by treason, and in endeavoring to ascertain what we should do, and how and when it should be done, I have consulted no popular impulse. Groping my way through the murky political atmosphere that has prevailed for more than thirty years, I have seated myself at the feet of the fathers of our country, that I might, as far as my suggestions would go, make them in accordance with the principles of those who constructed our Government. I can make no suggestion for the improvement of the primary principles or general structure of our Government, and I would heal its wounds so carefully that it should descend to posterity unstained and unmarred as it came, under the guidance of Providence, from the hands of those who fashioned it.
"For whom do we ask this legislation? In 1860, according to the census, there were fourteen thousand three hundred and sixteen colored people in this District, and we ask this legislation for the male adults of that number. Are they in rags and filth and degradation? The tax-books of the District will tell you that they pay taxes on $1,250,000 worth of real estate, held within the limits of this District. On one block, on which they pay taxes on fifty odd thousand dollars, there are but two colored freeholders who have not bought themselves out of slavery. One of them has bought as many as eight persons beside himself--a wife and seven children. Coming to freedom in manhood, mortgaged for a thousand or fifteen hundred dollars as his own price, he has earned and carried to the Southern robber thousands of dollars, the price extorted for his wife and children, and is now a freeholder in this District. They have twenty-one churches, which they own, and which they maintain at an annual cost of over twenty thousand dollars. Their communing members number over forty-three hundred. In their twenty-two Sunday-schools they gather on each Sabbath over three thousand American children of African descent. They maintain, sir, to the infamous disgrace of the American Congress and people, thirty-three day schools, eight of which are maintained exclusively by contributions from colored citizens of the District; the remainder by their contributions, eked out by contributions from the generous people of the North; and every dollar of their million and a quarter dollars of real estate and personal property is taxed for schools to educate the children of the white people of the District, the fathers of many of those children having been absent during the war fighting for the Confederacy and against our constitutional flag. Who shall reproach them with being poor and ignorant while Congress, which has exclusive jurisdiction over the District, has, till last year, robbed them day by day, and barred the door of the public school against them? Such reproach does not lie in the white man's mouth; at any rate, no member of the Democratic party ought to utter it."
The debate was continued on the day following. Mr. Rogers, of New Jersey, having obtained the floor, addressed the House for two hours. He said: "I hold that there never has been, in the legislation of the United States, a bill which involved so momentous consequences as that now under consideration, because nowhere in the history of this country, from the time that the first reins of party strife were drawn over the land, was any political party ever known to advocate the doctrine now advocated by a portion of the party on the other side of this House, except within the last year, and during the heat and strife of battle in the land. The wisdom of ages for more than five thousand years, and the most enlightened governments that ever existed upon the face of the earth, have handed down to us that grand principle that all governments of a civilized character have been and were intended especially for the benefit of white men and white women, and not for those who belong to the negro, Indian, or mulatto race.
"It is the high prerogative which the political system of this country has given to the masses, rich and poor, to exercise the right of suffrage and declare, according to the honest convictions of their hearts, who shall be the officers to rule over them. There is no privilege so high, there is no right so grand. It lies at the very foundation of this Government; and when you introduce into the social system of this country the right of the African race to compete at the ballot-box with the intelligent white citizens of this country, you are disturbing and embittering the whole social system; you rend the bonds of a common political faith; you break up commercial intercourse and the free interchanges of trade, and you degrade the people of this country before the eyes of the envious monarchs of Europe, and fill our history with a record of degradation and shame.
"Why, then, should we attempt at this time to inflict the system of negro suffrage upon those who happen to be so unfortunate as to reside in the District of Columbia? This city bears the name of George Washington, the father of our country; and as it was founded by him, so I wish to hand it down to those who shall come after us, preserving that principle which declares that the sovereignty is in the white people of the country, for whose benefit this Government was established. I am not ready to believe that those men who have laid down their lives in the battles of the late revolution, who came from their homes like the torrents that sweep over their native hills and mountains, those men who gathered round the sacred precincts of the tomb of Washington to uphold and perpetuate our proud heritage of liberty, intended to inflict upon the people of this District, or of this land, the monstrous doctrine of political equality of the negro race with the white at the ballot-box.
"No such dogma as this was ever announced by the Republican party in their platforms. When that party met at Chicago, in 1860, they took pains to enunciate the great principle of self-government which underlies the institutions of this country, that each State has the right to control its own domestic policy according to its own judgment exclusively. I ask the gentlemen on the other side of the house to allow the people of the District of Columbia to exercise the same great right of self-government, to determine by their votes at the ballot-box whether they desire to inaugurate a system of political equality with the colored people of the District.
"Self-government was the great principle which impelled our fathers to protest against the powers of King George. That was the principle which led the brave army of George Washington across the ice of the river Delaware. It was the principle which struck a successful blow against despotism, and planted liberty upon this continent. It was the principle that our fathers claimed the Parliament of England had no right to invade, and drove the colonies into rebellion, because laws were passed without their consent by a Parliament in which they were unrepresented.
"I am here to-day to plead for the white people of this District, upon the same grounds taken by our fathers to the English Parliament, in favor of self-government and the right of the people of the District to be heard upon this all-important question. Although we may have a legal yet we have no moral right, according to the immutable principles of justice, and according to the declaration of Holy Writ, that we should do unto others as we would they should do unto us, to inflict upon the people of this District this fiendish doctrine of political equality with a race that God Almighty never intended should stand upon an equal footing with the white man and woman in social or civil life."
Mr. Farnsworth, of Illinois, replied: "He [Mr. Rogers] says this is a white man's Government. 'A white man's Government!' Why, sir, did not the Congress of the United States pass a law for enrolling into the service of the United States the black man as well as the white man? Did not we tax the black man as well as the white man? Does he not contribute his money as well as his blood for the protection and defense of the Government? O, yes; and now, when the black man comes hobbling home upon his crutches and his wooden limbs, maimed for life, bleeding, crushed, wounded, is he to be told by the people who called him into the service of the Government, 'This is a white man's Government; you have nothing to do with it?' Shame! I say, eternal shame upon such a doctrine, and upon the men who advocate it!
"What should be the test as to the right to exercise the elective franchise? I contend that the only question to be asked should be, 'Is he a man?' The test should be that of manhood, not that of color, or races, or class. Is he endowed with conscience and reason? Is he an immortal being? If these questions are answered in the affirmative, he has the same right to protection that we all enjoy.
"I am in favor, Mr. Speaker, of making suffrage equal and universal. I believe that greater wisdom is concentrated in the decisions of the ballot-box when all citizens of a certain age vote than when only a part vote. If you apply a test founded on education or intelligence, where will you stop? One man will say that the voter should be able to read the Constitution and to write his name; another, that he should be acquainted with the history of the United States; another will demand a still higher degree of education and intelligence, until you will establish an aristocracy of wisdom, which is one of the worst kinds of aristocracy. Sir, the men who formed this Government, who believed in the rights of human nature, and designed the Government to protect them, believed, I think, as I do, that when suffrage is made universal, you concentrate in the ballot-box a larger amount of wisdom than when you exclude a portion of the citizens from the right of suffrage.
"I grant, sir, that many of the colored men whom I would enfranchise are poor and ignorant, but we have made them so. We have oppressed them by our laws. We have stolen them from their cradles and consigned them to helpless slavery. The shackles are now knocked from their limbs, and they emerge from the house of bondage and stand forth as men. Let us now take the next grand step, a step which must commend itself to our judgment and consciences. Let us clothe these men with the rights of freemen, and give them the power to protect their rights.
"Sir, as I have already remarked, we have passed through a fiery ordeal. There are but few homes within our land that are not made desolate by the loss of a son or a father. The widow and the orphan meet us wherever we turn. The maimed and crippled soldiers of the republic are every-where seen. Many fair fields have become cemeteries, where molder the remains of the noble men who have laid down their lives in defense of our Government. We thought that we had attained the crisis of our troubles during the progress of the war. But it has been said that the ground-swell of the ocean after the storm is often more dangerous to the mariner than the tempest itself; and I am inclined to think that this is true in reference to the present posture of our national affairs. The storm has apparently subsided; but, sir, if we fail to do our duty now as a nation--and that duty is so simple that a child can understand it; no elaborate argument need enforce it, as no sophistry can conceal it; it is simply to give to one man the same rights that we give to another--if we fail now in this our plain duty as a nation, then the ship of state is in more peril from this ground-swell on which we are riding than it was during the fierce tempest of war. I trust that this Congress will have the firmness and wisdom to guide the old ship safely into the haven of peace and security. This we can do by fixing our eyes upon the guiding star of our fathers--the equal rights of all men."
The discussion was resumed on the following day, January 12, by Mr. Davis, of New York: "Republican government can never rest safely, it can never rest peacefully, upon any foundation save that of the intelligence and virtue of its subjects. No government, republican in form, was ever prosperous where its people were ignorant and debased. And in this Government, where our fathers paid so much attention to intelligence, to the cultivation of virtue, and to all considerations which should surround and guard the foundations of the republic, I am sure that we would do dishonor to their memory by conferring the franchise upon men unfitted to receive it and unworthy to exercise it.
"I am perfectly aware that in many States we have given the elective franchise to the white man who is debased and ignorant. I regret it, because I think that intelligence ought always, either as to the black or the white man, to be made a test of suffrage. And I glory in the principles that have been established by Massachusetts, which prescribes, not that a man should have money in his purse, but that he should have in his head a cultivated brain, the ability to read the Constitution of his country, and intelligence to understand his rights as a citizen.
"I have never been one of those who believed that the black man had 'no rights that the white man was bound to respect.' I believe that the black man in this country is entitled to citizenship, and, by virtue of that citizenship, is entitled to protection, to the full power of this Government, wherever he may be found on the face of God's earth; that he has a right to demand that the shield of this Government shall be held over him, and that its powers shall be exerted on his behalf to the same extent as if he were the proudest grandee of the land. But, sir, citizenship is one thing, and the right of suffrage is another and a different thing; and in circumstances such as exist around us, I am unwilling that general, universal, unrestricted suffrage should be granted to the black men of this District, as is proposed by the bill under consideration.
"This whole subject is within the power of Congress, and if we grant restricted privilege to-day, we can extend the exercise of that privilege to-morrow. Public sentiment on this, as on a great many subjects, is a matter of slow growth and development. That is the history of the world. Development upon all great subjects is slow. The development of the globe itself has required countless ages before it was prepared for the introduction of man upon it. And take the progress of the human race through the historic age--kingdoms and empires, systems of social polity, systems of religion, systems of science, have been of no rapid growth, but long centuries intervened between their origin and their overthrow.
"The Creator placed man on earth, not for the perfection of the individual, but the race; and therefore he locked up the mysteries of his power in the bosom of the earth and in the depths of the heavens, rendering them invisible to mankind. He made man study those secrets, those mysteries, in order that his genius might be cultivated, his views enlarged, his intellect matured, so that he might gradually rise in the scale of being, and finally attain the full perfection for which his Creator designed him.
"Thus governments, political systems, and political rights have been the subjects of study and improvement; changes adapted to the advance of society are made; experiments are tried, based upon reason and upon judgment, and those are safest which in their gradual introduction avoid unnecessary violence and convulsion.
"I submit, sir, whether it be wise for us now so suddenly to alter so entirely the political status of so great a number of the citizens of this District, in conferring upon them indiscriminately the right of franchise."
Mr. Chanler, of New York, then addressed the House:
"If, sir, it should ever be your good fortune to visit romantic old Spain, and to enter the fortress and palace of Alhambra, the fairest monument of Moorish grandeur and skill, as this Capitol is the pride of American architecture, you may see cut in stone a hand holding a key, surmounting the horse-shoe arch of the main gateway. They are the three types of strength, speed, and secresy, the boast of a now fallen Saracen race, sons of that sea of sand, the desert, who carried the glory of Islam to furthest Gades. In an evil hour of civil strife and bitter hatred of faction, the Alhambra was betrayed to Spain, 'to feed fat an ancient grudge' between political chiefs. The stronghold of the race, with the palace, the sacred courts of justice, and all the rare works of art--the gardens of unrivaled splendor--all that was their own of majesty, strength, and beauty, became the trophies of another.
"The legend of the Saracen exile tells the story of penitence and shame; and to the last moment of his sad life he sighs in the sultry desert for the fair home of his ancestors, the gorgeous Alhambra. We, too, are descended from a race of conquerors, who crossed the ocean to establish the glory of civil and religious liberty, and secure freedom to themselves and their posterity. To-day we are assembled in the Alhambra of America; here is our citadel; here our courts of highest resort; around these halls cluster the proudest associations of the American people; they seem almost sacred in their eyes. No hostile foot of foreign foe or domestic traitor has trodden them in triumph. Above it floats the flag, the emblem of our Union. That Union is the emblem of the triumphs of the white race. That race rules by the ballot. Shall we surrender the ballot, the emblem of our sovereignty; the flag, the emblem of our Union; the Union, the emblem of our national glory, that they may become the badges of our weakness and the trophies of another race? Never, sir! never, never!
"Shall the white laborer bow his free, independent, and honored brow to the level of the negro just set free from slavery, and, by yielding the entrance to this great citadel of our nation, surrender the mastery of his race over the Representatives of the people, the Senate, and Supreme Court of this Union? Then, sir, the white workingman's sovereignty would begin to cease to be.
"Then the most democratic majesty of American liberty would be humbled in the little dust which was lately raised by a brief campaign of two hundred thousand negro troops, and even they led by white officers, while millions of white soldiers held the field in victory by their own strength and valor. Deny it if ye dare! Sir, I know that this is a white man's Government, and I believe the white workingman has the manhood which shall preserve it to his latest posterity, pure and strong, in 'justice tempered with mercy.'
"There may be a legend hereafter telling of the exile of Representatives now on this floor, who, in the hour of party spite, betrayed the dominion of their race here, and the stronghold of their people's liberty, to a servile and foreign race."
Near the close of Mr. Chanler's remarks, his time having been extended by courtesy of the House, a forensic passage at arms occurred between that gentleman and Mr. Bingham, of Ohio. Mr. Chanler had said: "I deny that any obligation rests against this Government to do any thing more for the negro than has already been done. 'On what meats doth this Cæsar feed that he has grown so great?' The white soldier did as much work as he, fought as well, died as bravely, suffered in hospitals and in the field as well as he. More than this, the white soldier fought to liberate the slave, and did do it. The white soldier did more: he fought to preserve institutions and rights endeared to him by every hallowed association; to overthrow the rebellion of his brother against their Commonwealth and glorious Union; to preserve the sovereignty of the people against the conspiracy of a slave aristocracy, if you will; to maintain the fabric of the Government built by their fathers for them and their race in every country of kindred men who, downtrodden and disenfranchised, look to this country as a sure refuge. The white soldier fought as a volunteer, as a responsible, free, and resolute citizen, knowing for what he fought, and generously letting the slave share with him the honor, and bestowing on him more than his share of the profits of the white man's victory over his equal and the negro's master.
"We are willing that the negro should have every protection which the law can throw around him, but there is a majesty which 'hedges in a king.' That he ought not to have until he shows himself 'every inch a king.'
"'Who would be free, themselves must strike the blow.'
"'Some are born great, some achieve greatness, and some have greatness thrust upon them.'
"We are opposed to thrusting honor on the negro. He is to-day, as a race, as dependent on the power and skill of the white race for protection as when he was first brought from Africa. Not one act of theirs has proved the capacity of the black race for self-government. They have neither literature, arts, nor arms, as a race. They have never, during all the changes of dynasties or revolution of States, risen higher than to be the helpers of the contending parties. They have had the same opportunity as the Indian to secure their independence of the white race, but have never systematically even attempted it on this continent, although they have been educated with equal care, and in the same schools as the white man. Their race has been subject to the white man, and has submitted to the yoke."
Mr. Bingham.--"I understood the gentleman to say, that the colored race had failed to strike for their rights during the late rebellion. I wish to remind the gentleman of the fact, which ought to bring a blush to the cheek of every American citizen, that at the beginning of this great struggle, a distinguished general, who, I have no doubt, received the political support of the gentleman himself for the Presidency, and who, then at the head of an American army within the Commonwealth of Virginia, issued his proclamation, as general in command of the army, notifying the insurgents in arms against the Constitution that, if their slaves rose in revolt for their liberty, he, Major-General McClellan, by the whole force of the army at his command, would crush them with an iron hand. Yet the gentleman gets up here to-day, after a record of that sort, to cast censure upon this people because they did not strike for their liberties against the combined armies of the republic and the armies of treason!"
Mr. Chanler.--"My honorable friend from Ohio may have made a good point against General McClellan, but he has made none against me. I admit that they have made successful insurrections, but my argument was not to the effect that the negro race was not capable of the bloodiest deeds. I avoided entering into that question. I asserted that they had made successful insurrection; that they had held the white race under their heel in Hayti and St. Domingo. I would only say, with regard to this question of race, that I assert there is no record of the black race having proved its capacity for self-government as a race; that they have never struck a blow for freedom, and maintained their freedom and independence as individuals when free. I appeal to history, and to the gentleman from Ohio [Mr. Bingham], and I speak as a student of history, and the representative of a race whose proudest boast is that their capacity for self-government is the only charter of their liberty. I assail no race; I assail no man. I have taken the greatest pains to prove that the inalienable rights of the black man are as sacred to me as those inalienable rights I have received from my God. If the gentleman misunderstood me, I hope he will accept this explanation. If I have not met his question, I will now yield the floor to him to continue."
Mr. Bingham.--"And I continue thus far, that the gentleman's speech certainly has relation to the rights of the black man within the Republic of the United States. What he may say of their history outside of the jurisdiction of this country, it is not very important for me to take notice of. But inasmuch as the gentleman has seen fit, in his response to what I said, to refer to the testimony of history, I will bear witness now, by the authority of history, that this very race of which he speaks is the only race now existing upon this planet that ever hewed their way out of the prison-house of chattel slavery to the sunlight of personal liberty by their own unaided arm. So much for that part of the gentleman's argument as relates to history."
Mr. Chanler.--"Does the gentleman allude now to what has been done in other lands than this? I ask the question because he says he does not like me to go outside of the jurisdiction of this country, and I therefore ask him not to go too far into Africa."
Mr. Bingham.--"I am not in Africa. I refer to what the gentleman referred to himself. The insurrection in St. Domingo, I say, stands without a parallel in the history of any race now living on this earth, and I challenge the gentleman to refute that statement from history."
Mr. Chanler.--"That is admitted."
Mr. Bingham.--"That is admitted. Then I want to know, with a fact like that conceded, what sort of logic, what sort of force, what sort of reason, what sort of justice is there in the remark of the gentleman made here in a deliberative assembly touching the question of the personal enfranchisement of the black race, when he says in the statement here, right in the face of that fact, that they only are entitled to their liberty who strike the blow for and maintain their liberty? They did strike the blow in Hayti, and did maintain their liberty there. They struck such a blow for liberty there as no other race of men under like circumstances ever before struck, now represented by any organized community upon this planet; and that the gentleman conceded. And yet this sort of argument is to be adduced here as reason why these people in the District of Columbia should not receive the consideration of this House, and be protected in their rights as men. If the gentleman's remark is not adduced for that purpose, then it is altogether foreign to our inquiry. If the gentleman can assign any other reason for the introduction of any such argument as that, I should like to hear him."
Mr. Chanler.--"I merely wish to say, in reply to the gentleman, that I have read history a little further back. I remember when the British fleet and the British army held out a similar threat to the white race of this country. The proclamation of General McClellan did keep down the negroes; and this fact proves what I assert--that they are a race to be kept under. No race capable of achieving its liberty by its own efforts, would have listened for one moment to the paper threats of all the generals in the world. The negroes listened to McClellan, and they shrank behind the bush. They are bushmen in Africa. They are a dependent race, unwilling--I assert it from the record of history--unwilling to assert their independence at the risk of their lives. By their own efforts they never have attained, and I firmly believe they never will attain, their liberty."
Mr. Bingham replied: "I desire to say to the gentleman from New York, when he talks of being a 'student of history,' that before the tribunal of history the facts are not against me nor against the colored race. I beg leave to say to the gentleman that these people have borne themselves as bravely, as well, and, I may add, as wisely during the great contest just closed, as any people to whom he can point, situated in like circumstances, at any period of the world's history. They were in chains when the rebellion broke out. They constituted but one-sixth of the whole body of the people. By the terms of the Constitution of the United States, if they lifted a hand in the assertion of their right to freedom, they were liable that moment to be crushed by the combined power of the Republic, called out, in pursuance of the very letter of the Constitution, 'to suppress insurrection.' Yet, notwithstanding the fact that their whole living generation and the generations before them, running back two centuries, had been enslaved and brutalized, reduced to the sad and miserable condition of chattels, which, for want of a better name, we call a 'slave'--an article of merchandise, a thing of trade, with no acknowledged rights in the present, and denied even the hope of a heritage in the great hereafter--yet, sir, the moment that the word 'Liberty' ran along your ranks, the moment that the word 'Emancipation' was emblazoned upon your banners, those men who, with their ancestors, had been enslaved through five generations, rose as one man to stand by this republic, the last hope of oppressed humanity upon the earth, until they numbered one hundred and seventy-five thousand arrayed in arms under your banners, doing firmly, unshrinkingly, and defiantly their full share in securing the final victory of our arms. I have said this much in defense of men who had the manhood, in the hour of the nation's trial, to strike for the flag and the unity of the republic in the tempest of the great conflict, and to stand, where brave men only could stand, on the field of poised battle, where the earthquake and the fire led the charge. Sir, I am not mistaken; and the record of history to which I have referred does not, as the gentleman affirms it does, make against me."
Mr. Grinnell, of Iowa, in reply to Mr. Chanler, said: "He [Mr. Chanler] proceeds to say that they are now, as a class, dependent as when they were brought from their native wilds in Africa. Sir, I believe if the gentleman were master of all languages, if he were to attempt to put into a sentence the quintessence, the high-wines, and sublimation of an untruth, he could not have more concentrated his language into a libel.
"What is the fact, sir? It is perfectly notorious that these four million slaves have not only taken care of themselves amid all the ingenious impediments which tyrants could impose, but they have borne upon their stalwart shoulders their masters, millions of people, for a century. Why, sir, it seemed as impossible for a man to swim the Atlantic with Mount Atlas upon his back, or make harmonious base to the thunders of heaven. But these men have achieved the world's wonder--coming out from the tortures of slavery, from the prison-house, untainted with dishonor or crime, and out of the war free, noble, brave, and more worthy of their friends, always true to the flag.
"Mr. Speaker, it was in fable that a man pointed a lion to the picture which represented the king of the forest prostrate, with a man's foot on his neck, and asked what he thought of that. The reply was, 'Lions have no painters.' For days the unblushing apostles of sham Democracy have in this House drawn pictures of the ignorance and degradation of the people of color in the District of Columbia. Had the subjects of their wanton defamation had a Representative here, there would have been a different coloring to the picture, and I would gladly leave their defense to the Representatives of classes who have by hundreds darkened these galleries with their sable countenances, waiting for days to hear the decisive vote which announces that their freedom is not a mockery.
"Who are they to whom this bill proposes to give suffrage? They are twenty thousand people, owning twenty-one churches, maintaining thirty-three day schools, and paying taxes on more than one and a quarter million dollars' worth of real property. Thirty per cent. of their number were slaves; but the census does not show that there is a Democratic congressional district in the Union where a larger proportion of its population are found attendant at the churches or in the schools.
"They did not follow the example of their pale-faced neighbors, to the number of thousands, crossing the line to join in the rebellion; but three thousand and more of their number went into the Union army, nearly one thousand of whom, as soldiers, fell by disease and battle in the room of those who wept on Northern soil for rebel defeats, and now decry the manhood and withhold just rights from our true national defenders.
"In the South they were our friends. In the language of an official dispatch of Secretary Seward to Minister Adams, 'Every-where the American general receives his most useful and reliable information from the negro, who hails his coming as the harbinger of freedom.' Not one, but many, of our generals have proclaimed that the negro has gained by the bayonet the ballot. Admiral Du Pont made mention of the negro pilot Small, who brought out the steamer Planter, mounting a rifled and siege gun, from Charleston, as a prize to us, under the very guns of the enemy. He brought us the first trophy from Fort Sumter, and information more valuable than the prize.
"The celebrated charge of the negro brigade at the conflict at Port Hudson has passed into history. The position of the colored people in the State of Iowa reflects lasting honor on their loyalty, and our brave white soldiers would not have me withhold the facts. In the State there were between nine hundred and a thousand people of their class subject to military duty. Of that number more than seven hundred entered the army. They put to blush the patriotism of the dominant race in all Democratic districts. Seven-tenths of a class, without the inducement of commissions as lieutenants, captains, colonels, commissaries, or quartermasters, braving the hate and vengeance of rebels, rushing into the deadly imminent breach in the darkest hour of our struggle! Where is the parallel to this? They had no flag; it was a mockery. There was no pledge of political franchise. Does history cite us to a country where so large a per cent. of the population went forth for the national defense? It was not under the Cæsars; and Harold, in the defense of Britain, left behind him a larger per cent. of the stalwart and the strong. They were more eager to maintain the national honor than the zealots to rescue Jerusalem from the profanation of infidels. Not Frank or Hun, nor Huguenot or Roundhead, or mountaineer, Hungarian, or Pole, exceeded their sacrifices made when tardily accepted. And this is the race now asking our favor.
"Mr. Speaker, it will be one of the most joyful occasions of my life to give expression to my gratitude by voting a ballot to those who owed us so little, yet have aided us so faithfully and well. My conscience approves it as a humane act to the millions who for centuries have groaned under a terrible realization that on the side of the oppressor there is power.
"My purpose is not to leave that heritage of shame to my children, that I forgot those whose blood fed our rivers and crimsoned the sea, and left them outcasts in the 'land of the free,' preferring white treason to sable loyalty. I rather vote death the penalty for the chief traitor, all honor and reward for our soldiery, and a ballot, safety, and justice for the poor."
On the 15th of January the discussion was continued by Mr. Kasson, of Iowa, who said: "Much has been said in this debate about the gallantry of the negro troops, and about the number of negro troops in the war. Gentlemen have declared here so broadly that we were indebted to them for our victories as to actually convey the impression that they won nearly all the victories accomplished by the armies of the United States, and that to them are we indebted for the salvation of our country and our triumph over the rebellion.
"I do not agree with them in the extent of their praise, nor the grounds upon which it has been placed. One gentleman, I think it was the gentleman from Pennsylvania, speaks of our debt to the negroes, because they have fought our battles for us. This is a falsification of the condition of the negroes, and of the history of the country in this particular. Those negroes fought for their liberty, which was involved in the preservation of the Union of the States. They fought with us to accomplish the maintenance of the integrity of the country, which carried with it the liberty of their own race; and what would have been said of the negroes if they had not, under such circumstances, come forward and united with us? While I yield to the negro troops the credit of having exhibited bravery and manhood when put to the test, I do not yield to them the exclusive or chief credit of having won the victory for the Government of my country in preserving this Union. Let us not, under false assertions of fact, send out to the country and the world from this floor the declaration that the white race of this country are wanting in the gallantry, the devotion, and the patriotism which ultimately secured for our armies triumph, and for our nation perpetuity.
"Unless intelligence exists in this country, unless schools are supported and education diffused throughout the country, our institutions are not safe, and either anarchy or despotism will be the result; and when you propose substantially to introduce at once three-quarters of a million or a million of voters, the great mass of whom are ignorant and unable to tell when the ballot they vote is right side up, then I protest against such an alarming infusion of ignorance into the ballot-box, into that sacred palladium, as we have always called it, of the liberties of our country. Let us introduce them by fit degrees. Let them come in as fast as they are fit, and their numbers will not shock the character of our institutions.
"I turn for a single moment to call attention to the philanthropy of the proposition. If you introduce all without regard to qualification, without their being able to read or write, and thus to understand the questions on which they are to decide, what would be the effect? You will take away from them the strongest incentive to learn to read or write. As a race, it is not accustomed to position and property; it has no homesteads, it has no stake in the country; and unless they are required to be intelligent, and qualified to understand something about our institutions and our laws, and the questions which are submitted to the people from time to time, you say then to them, 'No matter whether or not you make progress in civilization or education, you shall have all the rights of citizenship,' and in that way you take away from them all special motive to education and improvement. On the contrary, if the ability to read and write and understand the ballot is made the qualification on the part of these people to exercise the right of voting, the remaining portion will see that color is not exclusion. They would all aspire to the qualification itself as preliminary to the act. You can submit no motive to that race so powerful for the purpose of developing in them the education and intelligence required.
"I say, therefore, on whatever grounds you put it, whether you regard the safety of our institutions or the light of philanthropy, you should insist on qualifications substantially the same as those required in the State of Massachusetts. And let me say that, taking the State of Massachusetts as an example of the result of general intelligence and qualified suffrage, and a careful guardianship of the ballot-box, I know of no more illustrious example in this or any other country of its importance.
"With a credit that surpasses that of the United States, with a history that is surpassed by no State in the Union, with wealth that is almost fabulous in proportion to its population, with a prosperity almost unknown in the history of the world, that State stands before us to-day in all her dignity, strength, wealth, intelligence, and virtue. And if we, by adopting similar principles in other States, can secure such results, we certainly have an inducement to consider well how far this condition is to be attributed to her diffused education, and to the provisions of her constitution."
At the close of Mr. Kasson's speech, a colloquy occurred between him and his colleague, Mr. Price, eliciting the fact that the question of negro suffrage in Iowa had been squarely before the people of that State in the late fall election, and their vote had been in favor of the measure by a majority of sixteen thousand.
Mr. Julian, of Indiana, having obtained the floor near the hour of adjournment, made his argument on the following day, when the consideration of the question was resumed. In answer to the objection that negro voting would "lead to the amalgamation of the races or social equality," he said: "On this subject there is nothing left to conjecture, and no ground for alarm. Negro suffrage has been very extensively tried in this country, and we are able to appeal to facts. Negroes had the right to vote in all the Colonies save one, under the Articles of Confederation. They voted, I believe, generally, on the question of adopting the Constitution of the United States. They have voted ever since in New York and the New England States, save Connecticut, in which the practice was discontinued in 1818. They voted in New Jersey till the year 1840; in Virginia and Maryland till 1833; in Pennsylvania till 1838; in Delaware till 1831; and in North Carolina and Tennessee till 1836. I have never understood that in all this experience of negro suffrage the amalgamation of the races was the result. I think these evils are not at all complained of to this day in New England and New York, where negro suffrage is still practiced and recognized by law."
In answer to the argument that a "war of races" might ensue, Mr. Julian said: "Sir, a war of races in this country can only be the result of denying to the negro his rights, just as such wars have been caused elsewhere; and the late troubles in Jamaica should teach us, if any lesson can, the duty of dealing justly with our millions of freedmen. Like causes must produce like results. English law made the slaves of Jamaica free, but England failed to enact other laws making their freedom a blessing. The old spirit of domination never died in the slave-master, but was only maddened by emancipation. For thirty years no measures were adopted tending to protect or educate the freedmen. At length, and quite recently, the colonial authorities passed a whipping act, then a law of eviction for people of color, then a law imposing heavy impost duties, bearing most grievously upon them, and finally a law providing for the importation of coolies, thus taxing the freedmen for the very purpose of taking the bread out of the mouths of their own children! I believe it turns out, after all, that these outraged people even then did not rise up against the local government; but the white ruffians of the island, goaded on by their own unchecked rapacity, and availing themselves of the infernal pretext of a black insurrection, perpetrated deeds of rapine and vengeance that find no parallel anywhere, save in the acts of their natural allies, the late slave-breeding rebels, against our flag. Sir, is there no warning here against the policy of leaving our freedmen to the tender mercies of their old masters? Are the white rebels of this District any better than the Jamaica villains to whom I have referred? The late report of General Schurz gives evidence of some important facts which will doubtless apply here. The mass of the white people in the South, he says, are totally destitute of any national feeling. The same bigoted sectionalism that swayed them prior to the war is almost universal. Nor have they any feeling of the enormity of treason as a crime. To them it is not odious, as very naturally it would not be, under the policy which foregoes the punishment of traitors, and gives so many of them the chief places of power in the South. And their hatred of the negro to-day is as intense and scathing and as universal as before the war. I believe it to be even more so. The proposition to educate him and elevate his condition is every-where met with contempt and scorn. They acknowledge that slavery, as it once existed, is overthrown; but the continued inferiority and subordination of the colored race, under some form of vassalage or serfdom, is regarded by them as certain. Sir, they have no thought of any thing else; and if the ballot shall be withheld from the freedmen after the withdrawal of military power, the most revolting forms of oppression and outrage will be practiced, resulting, at last, in that very war of races which is foolishly apprehended as the effect of giving the negro his rights."
A serious question confronted Mr. Julian, namely: How could Representatives from States which negroes by constitutional provision are forbidden to enter, be expected, to vote for negro suffrage in this District? He said: "In seeking to meet this difficulty, several considerations must be borne in mind. In the first place, the demand for negro suffrage in this District rests not alone upon the general ground of right, of democratic equality, but upon peculiar reasons superinduced by the late war, which make it an immediate practical issue, involving not merely the welfare of the colored man, but the safety of society itself. If civil government is to be revived at all in the South, it is perfectly self-evident that the loyal men there must vote; but the loyal men are the negroes and the disloyal are the whites. To put back the governing power into the hands of the very men who brought on the war, and exclude those who have proved themselves the true friends of the country, would be utterly suicidal and atrociously unjust. Negro suffrage in the districts lately in revolt is thus a present political necessity, dictated by the selfishness of the white loyalist as well as his sense of justice. But in our Western States, in which the negro population is relatively small, and the prevailing sentiment of their white people is loyal, no such emergency exists. Society will not be endangered by the temporary postponement of the right of negro suffrage till public opinion shall render it practicable, and leaving the question of suffrage in the loyal States to be decided by them on its merits. If Indiana had gone out of her proper place in the Union, and her loyal population had been found too weak to force her back into it without negro bullets and bayonets, and if, after thus coercing her again into her constitutional orbit, her loyalists had been found unable to hold her there without negro ballots, the question of negro suffrage in Indiana would most obviously have been very different from the comparatively abstract one which it now is. It would, it is true, have involved the question of justice to the negroes of Indiana, but the transcendently broader and more vital question of national salvation also. Let me add further, that should Congress pass this bill, and should the ballot be given to the negroes in the sunny South generally, those in our Northern and Western States, many of them at least, may return to their native land and its kindlier skies, and thus quiet the nerves of conservative gentlemen who dread too close a proximity to those whose skins, owing to some providential oversight, were somehow or other not stamped with the true orthodox luster.
"The ballot should be given to the negroes as a matter of justice to them. It should likewise be done as a matter of retributive justice to the slaveholders and rebels. According to the best information I can obtain, a very large majority of the white people of this District have been rebels in heart during the war, and are rebels in heart still. That contempt for the negro and scorn of free industry, which constituted the mainspring of the rebellion, cropped out here during the war in every form that was possible, under the immediate shadow of the central Government. Meaner rebels than many in this District could scarcely have been found in the whole land. They have not been punished. The halter has been cheated out of their necks. I am very sorry to say that under what seems to be a false mercy, a misapplied humanity, the guiltiest rebels of the war have thus far been allowed to escape justice. I have no desire to censure the authorities of the Government for this fact. I hope they have some valid excuse for their action. This question of punishment I know is a difficult one. The work of punishment is so vast that it naturally palsies the will to enter upon it. It never can be thoroughly done on this side of the grave. And were it practicable to punish adequately all the most active and guilty rebels, justice would still remain unsatisfied. Far guiltier men than they are the rebel sympathizers of the loyal States, who coolly stood by and encouraged their friends in the South in their work of national rapine and murder, and while they were ever ready to go joyfully into the service of the devil, were too cowardly to wear his uniform and carry his weapons in open day. But Congress in this District has the power to punish by ballot, and there will be a beautiful, poetic justice in the exercise of this power. Sir, let it be applied. The rebels here will recoil from it with horror. Some of the worst of them, sooner than submit to black suffrage, will doubtless leave the District, and thus render it an unspeakable service. To be voted down and governed by Yankee and negro ballots will seem to them an intolerable grievance, and this is among the excellent reasons why I am in favor of it. If neither hanging nor exile can be extemporized for the entertainment of our domestic rebels, let us require them at least to make their bed on negro ballots during the remainder of their unworthy lives. Of course they will not relish it, but that will be their own peculiar concern. Their darling institution must be charged with all the consequences of the war. They sowed the wind, and, if required, must reap the whirlwind. Retribution follows wrong-doing, and this law must work out its results. Rebels and their sympathizers, I am sure, will fare as well under negro suffrage as they deserve, and I desire to leave them, as far as practicable, in the hands of their colored brethren. Nor shall I stop to inquire very critically whether the negroes are fit to vote. As between themselves and white rebels, who deserve to be hung, they are eminently fit. I would not have them more so. Will you, Mr. Speaker, will even my conservative and Democratic friends, be particularly nice or fastidious in the choice of a man to vote down a rebel? Shall we insist upon a perfectly finished gentleman and scholar to vote down the traitors and white trash of this District, who have recently signalized themselves by mobbing unoffending negroes? Sir, almost any body, it seems to me, will answer the purpose. I do not pretend that the colored men here, should they get the ballot, will not sometimes abuse it. They will undoubtedly make mistakes. In some cases they may even vote on the side of their old masters. But I feel pretty safe in saying that even white men, perfectly free from all suspicion of negro blood, have sometimes voted on the wrong side. Sir, I appeal to gentlemen on this floor, and especially to my Democratic friends, to say whether they can not call to mind instances in which white men have voted wrong? Indeed, it rather strikes me that white voting, ignorant, depraved, party-ridden, Democratic white voting, had a good deal to do in hatching into life the rebellion itself, and that no results of negro voting are likely to be much worse."
After an hour occupied by Mr. Randall and Mr. Kelley, both of Pennsylvania, in a colloquial discussion of the history and present position of their State upon the subject of negro suffrage, Mr. Thomas, of Maryland, addressed the House. After setting forth the injustice the passage of the bill would work toward the people of his State, he said:
"If I believed that the matter of suffrage was the only mode to help the negro in his elevation, and the only safeguard to his protection, or guarantee to his rights, I would be willing to give it to him now, subject to proper qualifications and restrictions. But I am honest in my conviction that, uneducated and ignorant as he is, a slave from his birth, and subject to the will and caprice of his master, with none of the exalted ideas of what that privilege means, and with but a faint conception of the true position he now occupies, the negro is not the proper subject to have conferred upon him this right. I believe if it is given to him, that in localities where his is the majority vote, parties will spring up, each one bidding higher than the other for his ballot, and that in the end the negro-voting element will be controlled by a few evil and wicked politicians, and as something to be bought and sold as freely as an article of merchandise. I am satisfied of another fact, from my experience of the Southern negro, that if they are ever allowed to vote, the shrewd politician of the South, who has been formerly his master, will exert more influence over his vote than all the exhortations from Beecher or Cheever.
"It is a notorious fact that the Southern planter maintained his political influence over the poor white man of the South, because the poor white man was dependent on him for his living and support. And you will find, when it is too late, that the Southern planter will maintain the same political influence over the poor, uneducated, ignorant, and dependent African, even to a greater extent than he formerly exercised over what used to be called the 'poor white trash.'
"Mr. Speaker, let us not, because we have the majority here to-day, pass upon measures which, if we were evenly divided, we would hesitate to pass. Let us not, because we are called radicals, strike at the roots of society, and of the great social and political systems that have existed for over a century, and attempt to do in a day, without any preparation, what, to do well and safely, will require years of patience on the part of the freedmen, and earnest, honest exertions to elevate, improve, and educate on our part. Let us look at this question as statesmen, not as partisans. Let us not suppose that the parties of to-day will have a perpetual existence, and that because the negro, freed and emancipated by us, would naturally vote on the side of his deliverer to-day, that it is any guarantee, when new parties are formed and a competition arises, that the whole or the major part of his vote will be cast on the right side. White men and black men are liable to the same infirmities.
"Let us rather, sir, rejoice at what has been already done for him, and be content to watch his future. Let us help to elevate and improve him, not only in education, but in morals. Let us see to it that he is not only protected in all his rights of person and of property, but let us insist that the amplest guarantees shall be given. Let us wait until the great problem the African is now working out has been finished, and we find that he thoroughly comprehends and will not abuse what he has got, before we attempt to confer other privileges, which, when once granted, can never be taken from him. Sir, let it not be forgotten that 'revolutions never go backward;' and if you ever confer this right on the negro, and find it will not work well, that you have been too hasty, that you should have waited awhile longer, you will find it is too late, and that, once having possessed it, they will not part with it except with their lives."
On the 17th of January the debate was resumed by Mr. Darling, of New York, who remarked:
"What public necessity exists for the passage of this bill at this time? There are no benefits which the colored people of this District could attain by the exercise of the right of suffrage that Congress could not bestow. Our right and power to legislate for this District are unquestioned, and instead of wasting days and weeks over a question which is exciting bitter feeling among our own people, had we not better give our attention to matters of great national interest which so urgently demand speedy action on our part? Let us pass laws for the education of the people of this District, and fit them ultimately to receive the elective franchise; or, if any thing is required to satisfy the intense desire, manifested by some gentlemen of this House, to bestow the franchise on those not now possessed of it, give it to every soldier who served in the Union Army and was honorably discharged, whether old or young, rich or poor, native or foreign-born, white or black, and show to the world that the American people, recognizing the services and sufferings of their brave defenders, give them, as a recognition, the highest and best gift of American citizenship.
"If I know myself, I know that no unjust or unmanly prejudice warps my judgment or controls my action on any matter of legislation affecting the colored race on this continent. I believe in their equality of rights before the law with the dominant race. I believe in their rights of life, liberty, and the pursuit of happiness. And yet I believe that, before we confer upon them the political right of suffrage, as contemplated by the bill now under consideration, we should seek to elevate their social condition, and lift them up from the depths of degradation and ignorance in which many of them are left by the receding waves of the sea of rebellion. There are many strong objections to conferring upon the colored men of this District the gift of unqualified suffrage without any qualification based on intelligence. The large preponderance which they possess numerically will inevitably lead to mischievous results. Neither would I entirely disregard the views of the people of this District, many of whom I know to be sound, loyal Union men.
"But I do not wish to see the Union party take any step in this direction from which they may desire hereafter to recede. Let us first rather seek to enlighten this people, and educate them to know the value of the great gift of liberty which has been bestowed upon them; teach them to know that to labor is for their best interests; teach them to learn and lead virtuous and industrious lives, in order to make themselves respected, and encourage them to act as becomes freemen. Then they will vote intelligently, and not be subject to the control of designing men, who would seek to use them for the attainment of their own selfish ends.
"Now, Mr. Speaker, in conclusion I desire to say that, as no election will take place in this District until next June, there can be no reason for special haste in the passage of this bill, and that there is a proposition before this House, which seems to be received with very general favor, to create a commission for the government of this city; and, in order to give an opportunity to mature a bill for that purpose, and have it presented for the consideration of this House, I move the postponement of the pending bill until the first Tuesday in April next."
At a previous stage of the discussion of this measure, Mr. Hale had proposed amendments to the bill. These amendments were now the subject under discussion. They were in the following words:
"Amend the motion to recommit by adding to that motion an instruction to the committee to amend the bill so as to extend the right of suffrage in the District of Columbia to all persons coming within either of the following classes, irrespective of caste or color, but subject only to existing provisions and qualifications other than those founded on caste or color, to wit:
"1. Those who can read the Constitution of the United States.
"2. Those who are assessed for and pay taxes on real or personal property within the District.
"3. Those who have served in and been honorably discharged from the military or naval service of the United States.
"And to restrict such right of suffrage to the classes above named, and to include proper provisions excluding from the right of suffrage those who have borne arms against the United States during the late rebellion, or given aid and comfort to said rebellion."
At the close of Mr. Darling's remarks, in which he had moved to postpone the whole subject, Mr. Hale, of New York, having argued at considerable length in favor of the several clauses of his proposed amendment, remarked: "Of the details of my amendment I am by no means tenacious. I do not expect to bring every member of the House, or even every member on this side of the House, to concur in all my own views. I desire simply to put my measures fairly before the House, and to advocate them as I best can. I am ready and willing to yield my own preferences in matters of detail to their better judgment. More than that, I shall not follow the example that has been set by some on this side of the House who oppose my amendment, and who claim to be the peculiar friends of negro suffrage, by proclaiming that I will adhere to the doctrine of qualified suffrage, and will join our political enemies, the Democrats, in voting down every thing else. No, sir; for one, and I say it with entire frankness, I prefer a restricted and qualified suffrage substantially upon the basis that I have proposed. If the voice of this House be otherwise--if the sentiment of this Congress be that it is more desirable that universal suffrage should be extended to all within this District, then, for one, I say most decidedly I am for it rather than to leave the matter in its present condition, or to disfranchise the black race in this District."
Mr. Thayer, of Pennsylvania, spoke as follows: "The proposition contained in this bill is a new proposition. It contemplates a change which will be a landmark in the history of this country--a landmark which, if it is set up, will be regarded by the present and future generations of men who are to inhabit this continent with pride and satisfaction, or deplored as one of the gravest errors in the history of legislation. The bill, if it shall become a law, will be, like the law to amend the Constitution by abolishing slavery, the deep foot-print of an advancing civilization, or the conspicuous monument of an unwise and pernicious experiment.
"Much has been said, on the part of those who oppose the bill, on the subject of its injustice to the white inhabitants of the District of Columbia. Indeed, the argument on that side of the question is, when divested of all that is immaterial, meretricious, and extravagant, reduced almost entirely to that single position. Abstract this from the excited declamation to which you have listened, and what is left is but the old revolting argument in favor of slavery, and a selfish appeal to prejudice and ignorance. It is insisted that a majority of the white voters of the District are opposed to the contemplated law, that they have recently given a public expression of their opinion against it, and that for that reason it would be unjust and oppressive in Congress to pass this law. In my judgment, this is a question not concerning alone the wishes and prejudices of the seven thousand voters who dwell in this District, but involving, it may be, the honor, the justice, the good faith, and the magnanimity of the great nation which makes this little spot the central seat of its empire and its power.
"If it concerns the honor of the United States that a certain class of its people, in a portion of its territory subject to its exclusive jurisdiction and control, shall, in consideration of the change which has taken place in its condition, and of the fidelity which it has exhibited in the midst of great and severe trials, be elevated somewhat above the political degradation which has hitherto been its lot, shall the United States be prevented from the accomplishment of that great and generous purpose by the handful of voters who temporarily encamp under the shadow of the Capitol? It may be that the determination of a question of so much importance as this belongs rather to the people of the United States, through their Representatives in Congress assembled, than to the present qualified voters of this District. Sir, the field of inquiry is much wider than the District of Columbia, and the problem to be solved one in which not they alone are interested. When Congress determined that the time had come when slavery should be abolished in this District, and the capital of the nation should no longer be disgraced by its presence, did it pause in the great work of justice to which it laid its hand to hear from the mayor of Washington, or to inquire whether the masters would vote for it? It is not difficult to conjecture what the fate of that great measure would have been had its adoption or rejection depended upon the voters of this District.
"Shall we be told, sir, that if the Representatives of the people of twenty-five States are of the opinion that the laws and institutions which exist in the seat of Government of the United States ought to be changed, that they are not to be changed because a majority of the voters who reside here do not desire that change? Will any man say that the voices of these seven thousand voters are to outweigh the voices of all the constituencies of the United States in the capital of their country? I dismiss this objection, therefore, as totally destitute of reason or weight. It is based upon a fallacy so feeble that it is dissipated by the bare touch of the Constitution to it.
"Whatever is the duty of the United States to do, that is for their interest to do. The two great facts written in history by the iron hand of the late war are, first, that the Union is indissoluble, and second, that human slavery is here forever abolished. From these two facts consequences corresponding in importance with the facts themselves must result: from the former, a more vigorous and powerful nationality; from the latter, the elevation and improvement of the race liberated by the war from bondage, as well as a higher and more advanced civilization in the region where the change has taken place. It is impossible to say that the African race occupies to-day the same position in American affairs and counts no more in weight than it did before the rebellion. You can not strike the fetters from the limbs of four million men and leave them such as you found them. As wide as is the interval between a freeman and a slave, so wide is the difference between the African race before the rebellion and after the rebellion. You can not keep to its ancient level a race which has been released from servitude any more than you can keep back the ocean with your hand after you have thrown down the sea-wall which restrained its impatient tides. Freedom is every-where in history the herald of progress. It is written in the annals of all nations. It is a law of the human race. Ignorance, idleness, brutality--these belong to slavery; they are her natural offspring and allies, and the gentleman from New York, [Mr. Chanler,] who consumed so much time in demonstrating the comparative inferiority of the black race, answered his own argument when he reminded us that the Constitution recognized the negro only as a slave, and gave us the strongest reason why we should now begin to recognize him as a freeman. Sir, I do not doubt that the negro race is inferior to our own. That is not the question. You do not advance an inch in the argument after you have proved that premise of your case. You must show that they are not only inferior, but that they are so ignorant and degraded that they can not be safely intrusted with the smallest conceivable part of political power and responsibility, and that this is the case not on the plantations of Alabama and Mississippi, but here in the District of Columbia. Nay, you must not only prove that this is the general character of this population here, but that this condition is so universal and unexceptional that you can not allow them to take this first step in freedom, although it may be hedged about with qualifications and conditions; for which of you who have opposed this measure on the ground of race has proposed to give the benefit of it to such as may be found worthy? Not one of you. And this shows that your objection is founded really on a prejudice, although it assumes the dignity and proportions of an argument. The real question, sir, is, can we afford to be just--nay, if you please, generous--to a race whose shame has been washed out in the consuming fires of war, and which now stands erect and equal before the law with our own? Shall we give hope and encouragement to that race beginning, as it does now for the first time, its career of freedom, by erecting here in the capital of the republic a banner inscribed with the sacred legend of the elder days, 'All men are born free and equal?' or shall we unfurl in its stead that other banner, with a strange device, around which the dissolving remnants of the Democratic party in this hall are called upon to rally, inscribed with no great sentiment of justice or generosity, but bearing upon its folds the miserable appeal of the demagogue, 'This is a white man's Government?' When you inaugurate your newly-discovered political principle, do not forget to invite the colored troops; beat the assembly; call out the remnants of the one hundred and eighty thousand men who marched with steady step through the flames and carnage of war, and many of whom bear upon their bodies the honorable scars received in that unparalleled struggle and in your defense, and as you send your banner down the line, say to them, 'This is the reward of a generous country for the wounds you have received and the sufferings you have endured.'
"Shall we follow the great law to which I have referred--the law that liberty is progress--and conform our policy to the spirit of that great law? or shall we, governed by unreasonable and selfish prejudices, initiate a policy which will make this race our hereditary enemy, a mine beneath instead of a buttress to the edifice which you are endeavoring to repair? Sir, I do not hesitate to say that, in my opinion, it were better to follow where conscience and justice point, leaving results to a higher Power, than to shrink from an issue which it is the clear intention of Providence we shall face, or to be driven from our true course by the chimeras which the excited imaginations of political partisans have conjured up, or by the misty ghosts of long-buried errors."
Mr. Van Horn, of New York, while willing to accept the bill as originally presented, preferred it as modified by Mr. Hale's amendments. In his speech he charged those who had opposed the bill as laboring in the interest of slavery.
"They seem to have forgotten," he said, "in their advocacy of slavery, that we have passed through a fierce war, begun by slavery, waged against the Government by slavery, and solely in its interest to more thoroughly establish itself upon the Western Continent, and crush out the best interests of freedom and humanity; and that this war, guided on our part by the omnipotent arm of the Invisible, made bare in our behalf, has resulted in a most complete overthrow of this great wrong; and by the almost omnipotent voice of the republic, as now expressed in its fundamental law, it has no right to live, much less entitled to the right of burial, and should have no mourners in the land or going about the streets. Such speeches as those of the gentlemen from New Jersey, [Mr. Rogers,] and from Pennsylvania, [Mr. Boyer,] and my colleague and friend, [Mr. Chanler,] who represents, with myself, in part, the Empire State, carry us back to the days and scenes before the war, when slavery ruled supreme, not only throughout the land, by and through its hold upon power, which the people in an evil hour had given it, but here in these halls of legislation, where liberty and its high and noble ends ought to have been secured by just and equal laws, and the great and paramount object of our system of government carried out and fully developed. They seem to forget that liberty and good government have been on trial during these five years last past of war and blood, and that they have succeeded in the mighty struggle. They forget that Providence, in a thousand ways, during this fierce conflict, has given us evidence of his favor, and led us out of the land of bondage into a purer and higher state of freedom, where slavery, as an institution among us, is no more. Why do they labor so long and so ardently to resurrect again into life this foul and loathsome thing? Why can not they forget their former love and attachments in this direction, and no longer cling with such undying grasp to this dead carcass, which, by its corruptions and rottenness, has well nigh heretofore poisoned them to the death? Why not awake to the new order of things, and accept the results which God has worked out in our recent struggle, and not raise the weak arm of flesh to render null and void what has thus been done, and thus attempt to turn back the flow of life which is overspreading all, and penetrating every part of the body politic with its noble purposes and exalted hopes?"
Thursday, January 18, was the last day of the discussion of this important measure in the House of Representatives. When the subject was in order, Mr. Clarke, of Kansas, "as the only Representative upon the floor of a State whose whole history had been a continual protest against political injustice and wrong," after having advocated the bill by arguments drawn from the history of the country and the record of the negro race, remarked as follows: "This cry of poverty and ignorance is not new. I remember that those who first followed the Son of man, the Savior of the world, were not the learned rabbis, not the enlightened scholar, not the rich man or the pious Pharisee. They were the poor and needy, the peasant and the fisherman. I remember, also, that the more learned the slaveholder, the greater the rebel. I remember that no black skin covered so false a heart or misdirected brain, that when the radiant banner of our nationality was near or before him, he did not understand its meaning, and remained loyal to its demands. The man capable of taking care of himself, of wife and children, and, in addition to his unrequited toil, to hold up his oppressor, must have intelligence enough, in the long run, to wield the highest means of protection we can give.
"But, sir, it is for our benefit, as well as for the benefit of the proscribed class, that I vote for and support impartial manhood suffrage in this District. We can not afford, as a nation, to keep any class ignorant or oppress the weak. We must establish here republican government. That which wrongs one man, in the end recoils on the many. Sir, if we accept, as the Republican party of the Union, our true position and our duty, we shall nobly win. If we are false and recreant, we shall miserably fail. Let us have faith in the people and the grand logic of a mighty revolution, and dare to do right. Class legislation will be the inevitable result of class power; and what would follow, so far as the colored race are concerned, let the recent tragedy of Jamaica answer.
"The principles involved in the arguments put forth on the other side of the House are not alone destructive to the rights of the defenseless, intelligent, and patriotic colored men of this District, but they militate with a double effect and stronger purpose against the poor whites of the North and of the South, against the German, the Irishman, and the poor and oppressed of every race, who come to our shores to escape the oppression of despotic governments, and to seek the protection of a Government the true theory of which reposes in every citizen a portion of its sovereign power. Against this attempt to deny or abridge in any way the rights of the weak, the poor, and the defenseless, and to transfer the governing power of the nation to the favored classes, to the rich and the powerful, and thus change the very purpose and principles of our republican system, I protest in the name of constitutional freedom, and in behalf of equal rights and equal laws.
"I protest against this stealthy innovation upon popular rights, in the name of the toiling millions of the land; and I warn the House and the country of the untold mischief and disaster which must come to distract and divide the republic in the future, if we follow the pernicious and destructive doctrines founded upon either the prejudices of class, caste, wealth, or power. I protest in the name of a constituency whose early history was a sublime and persistent struggle against the prejudices of pampered and arrogant ruffianism at home, and the worse than ruffian spirit of the Administrations of Pierce and Buchanan, and the Democratic traitors who at that time constituted a majority of this House, and were engaged in preparing the nation for its harvest of blood. We must go back to the spirit and purposes of the founders of our Government. We must accept the grand logic of the mighty revolution from which we are now emerging. We must repudiate, now and forever, these assaults upon the masses of the people and upon the fundamental principles of popular rights. I accept in their full force and effect the principles of the Declaration of Independence, and by constitutional amendment and law of Congress I would stamp them with irrevocable power upon the political escutcheon of the new and regenerated republic. I would avoid the mistakes of the past, and I would spurn that cringing timidity by which, through all history, liberty has been sacrificed and humanity betrayed.
"Sir, I hesitate not to say that if we do not gather up, in the process of national reconstruction, the enduring safeguards of future peace, we shall be false to our history and unmindful of the grand responsibilities now devolving upon us. The establishment of impartial suffrage in this District will be a fitting commencement of the work. It will be hailed by the friends of freedom every-where as a return to a policy of national justice too long delayed. In behalf of the State I have the honor to represent, and upon whose soil this contest for a larger liberty and a nobler nationality was first submitted to the arbitrament of arms, I hail this measure with feelings of satisfaction and pride. It is the legitimate result of the courage and fidelity of the hardy pioneers of Kansas in 1856, who dared to face the blandishment of power and the arrogance and brutality of slavery when compromisers trembled, and Northern sycophants of an oligarchic despotism, then, as now, scowled and fretted at the progress of free principles."
Mr. Johnson, of Pennsylvania, after having adduced a variety of arguments against the bill, finally said: "Sir, we hear a tremendous outcry in this House in favor of popular government and about the guarantee of the Constitution of the United States to the several States that they shall have republican governments. How are the poor people of this District to have a republican form of government if gentlemen who have come to this city, perhaps for the first time in their lives, undertake to control them as absolutely and arbitrarily as Louis Napoleon controls France or Maximilian Mexico? Gentlemen ask, What right have they to hold an election and express their sentiments? What right have they to hold such an election? Surely they ought to have the right to petition, for their rulers are generally arbitrary enough.
"Mr. Speaker, it seems to me ridiculously inconsistent for gentlemen upon this floor to prate so much about a republican form of government, and rise here and offer resolution after resolution about the Monroe doctrine and the downtrodden Mexicans, while they force upon the people of this District a government not of their own choice, because the voter in a popular government is a governor himself. But, sir, this is only part of a grand plan. Gentlemen who dare not go before their white constituents and urge that a negro shall have a vote in their own States, come here and undertake to thrust negro suffrage upon the people here. Gentlemen whose States have repudiated the idea of giving the elective franchise to negroes, come here and are willing to give the suffrage to negroes here, as if they intended to make this little District of Columbia a sort of negro Eden; as if they intended to say to the negroes of Virginia and Maryland and Delaware, 'You have no right to vote in these States, but if you will go to Washington you can vote there.' I imagine I can see them swarming up from different sections of the country to this city and inquiring where the polls are. Agents, men and women, such as there are at work in this city, will no doubt be at work in these States, telling them to pack their knapsacks and march to Washington, for on such a day there is to be an election, and there they will have the glorious privilege of the white man. Sir, all this doctrine is destructive of the American system of government, which recognizes the right of no man to participate in it unless he is a citizen, which secures to the citizen his voice in the control and management of the Government, and prevents those not citizens from standing in the way of the exercise of his just rights.
"This Government does not belong to any race so that it can be divested or disposed of. The present age have no right to terminate it. It is ours to enjoy and administer, and to transmit to posterity unimpaired as we received it from the fathers."
Mr. Boutwell, of Massachusetts, then addressed the House: "When we emancipated the black people, we not only relieved ourselves from the institution of slavery, we not only conferred upon them freedom, but we did more, we recognized their manhood, which, by the old Constitution and the general policy and usage of the country, had been, from the organization of the Government until the Emancipation Proclamation, denied to all of the enslaved colored people. As a consequence of the recognition of their manhood, certain results follow in accordance with the principles of this Government, and they who believe in this Government are, by necessity, forced to accept those results as a consequence of the policy of emancipation which they have inaugurated and for which they are responsible.
"But to say now, having given freedom to them, that they shall not enjoy the essential rights and privileges of men, is to abandon the principle of the proclamation of emancipation, and tacitly to admit that the whole emancipation policy is erroneous.
"It has been suggested that it is premature to demand immediate action upon the question of negro suffrage in the District of Columbia. I am not personally responsible for the presence of the bill at the present time, but I am responsible for the observation that there never has been a day during a session of Congress since the Emancipation Proclamation, ay, since the negroes of this District were emancipated, when it was not the duty of the Government, which, by the Constitution, is intrusted with exclusive jurisdiction in this District, to confer upon the men of this District, without distinction of race or color, the rights and privileges of men. And, therefore, there can be nothing premature in this measure, and I can not see how any one who supports the Emancipation Proclamation, which is a recognition of the manhood of the whole colored people of this country, can hesitate as to his duty; and while I make no suggestion as to the duty of other men, I have a clear perception of my own. And, first, we are bound to treat the colored people of this District, in regard to the matter of voting, precisely as we treat white people. And I do not hesitate to express the opinion that if the question here to-day were whether any qualification should be imposed upon white voters in this District, if they alone were concerned, this House would not, ay, not ten men upon this floor would, consider whether any qualifications should be imposed or not.
"Reading and writing, or reading, as a qualification, is demanded, and an appeal is made to the example of Massachusetts. I wish gentlemen who now appeal to Massachusetts would often appeal to her in other matters where I can more conscientiously approve her policy. But it is a different proposition in Massachusetts as a practical measure. When, ten years ago, this qualification was imposed upon the people of Massachusetts, it excluded no person who was then a voter. For two centuries we have had in Massachusetts a system of public instruction open to the children of the whole people without money and without price. Therefore all the people there had had opportunities for education. Now, why should the example of such a state be quoted to justify refusing suffrage to men who have been denied the privilege of education, and whom it has been a crime to teach? Is there no difference?
"We are to answer for our treatment of the colored people of this country, and it will prove in the end impracticable to secure to men of color civil rights unless the persons who claim those rights are fortified by the political right of voting. With the right of voting, every thing that a man ought to have or enjoy of civil rights comes to him. Without the right to vote, he is secure in nothing. I can not consent, after all the guards and safeguards which may be prepared for the defense of the colored men in the enjoyment of their rights--I can not consent that they shall be deprived of the right to protect themselves. One hundred and eighty-six thousand of them have been in the army of the United States. They have stood in the place of our sons and brothers and friends. They have fallen in defense of the country. They have earned the right to share in the Government; and if you deny them the elective franchise, I know not how they are to be protected. Otherwise you furnish the protection which is given to the lamb when he is commended to the wolf.
"There is an ancient history that a sparrow pursued by a hawk took refuge in the chief assembly of Athens, in the bosom of a member of that illustrious body, and that the senator in anger hurled it violently from him. It fell to the ground dead, and such was the horror and indignation of that ancient but not Christianized body--men living in the light of nature, of reason--that they immediately expelled the brutal Areopagite from his seat, and from the association of humane legislators.
"What will be said of us, not by Christian, but by heathen nations even, if, after accepting the blood and sacrifices of these men, we hurl them from us and allow them to be the victims of those who have tyrannized over them for centuries? I know of no crime that exceeds this; I know of none that is its parallel; and if this country is true to itself, it will rise in the majesty of its strength and maintain a policy, here and every-where, by which the rights of the colored people shall be secured through their own power--in peace, the ballot; in war, the bayonet.
"It is a maxim of another language, which we may well apply to ourselves, that where the voting register ends the military roster of rebellion begins; and if you leave these four million people to the care and custody of the men who have inaugurated and carried on this rebellion, then you treasure up for untold years the elements of social and civil war, which must not only desolate and paralyze the South, but shake this Government to its very foundation."
Soon after the close of Mr. Boutwell's speech, Mr. Darling's motion to postpone and Mr. Hale's motion to amend having been rejected, a vote was taken on the bill as reported by the committee. The bill passed by a vote of one hundred and sixteen in the affirmative--fifty-four voting in the negative.
The friends of the measure having received evidence that it would not meet with Executive approval, and not supposing that a vote of two-thirds could be secured for its passage over the President's veto, determined not to urge it immediately through the Senate.
There was great reluctance on the part of many Senators and members of the House to come to an open rupture with the President. They desired to defer the day of final and irreconcilable difference between Congress and the Executive. If the subject of negro suffrage in the District of Columbia was kept in abeyance for a time, it was hoped that the President's approval might meanwhile be secured to certain great measures for protecting the helpless and maintaining the civil rights of citizens. To accomplish these important ends, the suffrage bill was deferred many months. The will of the majority in Congress relating to this subject did not become a law until after the opening of the second session of the Thirty-ninth Congress.