and rejoicing that "to-day, from sh.o.r.e to sh.o.r.e in our land there is peace," he proceeded to indicate the line of policy which the people expected. "The duties of Congress," said he, "are as obvious as the sun's pathway in the heavens. Its first and highest obligation is to guarantee to every State a republican form of government, to establish the rebellious States anew on such a basis of enduring justice as will guarantee all safeguards to the people and protection to all men in their inalienable rights." . . . "In this great work," he said, "the world should witness the most inflexible fidelity, the most earnest devotion to the principles of liberty and humanity, the truest patriotism and the wisest statesmanship."

The remarks of Mr. Colfax had evident reference to the perverse action of the Southern rebels, and were so entirely in harmony with the feeling of the House that at different stages of the brief address the Republican side of the chamber broke forth into loud applause. As soon as the election of Speaker and of the subordinate officers of the House was completed, Mr. Thaddeus Stevens, recognized as the leader of the majority, offered a resolution for the appointment of a "joint committee of fifteen members--nine from the House and six from 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 ent.i.tled to be represented in either House of Congress, with leave to report at any time by bill or otherwise." His resolution demanded that "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 so-called Confederate States," and further directed that "all papers relating to the representation of the said States shall be referred to the said committee without debate." Mr.

Eldridge of Wisconsin objected to the introduction of the resolution, and was met by Mr. Stevens with a motion to suspend the rules, which was carried by 129 _ayes_ to 35 _noes_. Mr. John L. Dawson of Pennsylvania inquired whether it would not be in order to postpone the resolution until after the receipt of the President's message; but the House was in no disposition to testify respect for Mr. Johnson, and the resolution was adopted by as large a vote as that by which it had been received.

Mr. Niblack of Indiana offered a resolution that "pending the question as to the admission of persons claiming to have been elected representatives to the present Congress from the States lately in rebellion, such persons be ent.i.tled to the privileges of the floor of the House." This was a privilege always accorded to contestants for seats, but Mr. Wilson of Iowa now objected; and, on motion of Mr.

Stevens, the House adjourned without even giving the courtesy of a vote to the resolution. No action of a more decisive character could have been taken to indicate, on the threshold of Congressional proceedings, the hostility of the Republican party, not merely to the President's plan of reconstruction, but to the men who, under its operation in the South, had been chosen to represent their districts in Congress.

Against a bad principle a good one my be opposed and the contest proceed in good temper. But his is not practicable when personal feeling is aroused. The presence in Washington of a considerable number of men from the South, who, when Congress adjourned in the preceding March, were serving in the Confederate Army, and were now at the Capital demanding seats in the Senate and House, produced a feeling of exasperation amounting to hatred. The President's reconstruction policy would have been much stronger if the Southern elections to Congress had been postponed, or if the members elect had remained at home during the discussion concerning their eligibility. The presence of these obnoxious persons inflamed minds not commonly given to excitement, and drove many men to act from anger who were usually governed by reason.

In the Senate the proceedings were conducted with even more disregard of the President than had been manifested in the House. An entire policy was outlined by Mr. Sumner, without the slightest reference to what the President might communicate "on the state of the Union," and a system of reconstruction proposed which was in absolute hostility to the one that Mr. Johnson had devised. Mr. Sumner submitted resolutions defining the duty of Congress in respect to guarantees of the National security and National faith in the rebel States. While the conditions were not put forth as a finality, they were significant, if not conclusive, of the demands which would be made, first by the more advanced Republicans, and ultimately by the entire party. These resolutions declared that, in order to provide proper guarantees for security in the future, "Congress should take care that no one of the rebellious States should be allowed to resume its relations to the Union until after the satisfactory performance of five several conditions, which must be submitted to a popular vote, and be sanctioned by a majority of the people in each of those States respectively." These condition were, in some respects, marked by Mr. Sumner's lack of tact and practical wisdom as a legislator. He required stipulations, the fulfillment of which could not really be ascertained.

Mr. Sumner demanded, first, "the complete re-establishment, in loyalty, as shown by an honest recognition of the unity of the Republic, and the duty of allegiance to it at all times, without mental reservation or equivocation of any kind." How Mr. Sumner could determine that "the recognition of the unity of the Republic" was _honest_, how he could know whether there was not, after all, a mental reservation on the part of the rebels now swearing allegiance, he did not attempt to inform the Senate. The next or second condition was somewhat more practical in fact, but might have been expressed in simpler form. He demanded "the complete suppression of all oligarchical pretensions, and the complete enfranchis.e.m.e.nt of all citizens, so that there shall be no denial of rights on account of race or color." His third condition was "the rejection of the rebel debt, and the adoption, in just proportions, of the National debt and the National obligations to Union soldiers, with solemn pledges never to join in any measure, directly or indirectly, for their repudiation, or in any way tending to impair the National credit." His fourth condition was "the organization of an educational system for the equal benefit of all, without distinction of color or race." His fifth had some of the objectionable features of his first, demanding "the choice of citizens for office, whether State or National, of constant and undoubted loyalty, whose conduct and conversation shall give a.s.surance of peace and reconciliation." The rebel States were not to be, in Mr. Sumner's language, "precipitated back to political power and independence, but must wait until these conditions are, in all respects, fulfilled." In addition, he desired a declaration of the Senate that "the Thirteenth Amendment, abolishing slavery, has become and is a part of the Const.i.tution of the United States, having received the approval of the Legislatures of three-fourths of the States adhering to the Union." He declared that "the votes of the States in rebellion are not necessary, in any way, to its adoption, but they must all agree to it through their Legislatures, as a condition precedent to their restoration to their full rights as members of the Union." With these resolutions Mr. Sumner submitted another long series declaratory of the duty of Congress in respect to loyal citizens in the rebel States. His first series had defined what the lately rebellious States must agree to by popular vote, and he now outlined quite fully what would be the duty of Congress respecting the admission of those States to representation in the Senate and the House. The sum of the whole, or the central fact of the whole series, was that the color of the skin must not exclude a loyal man from civil rights.

On the succeeding day, the President, having received notice of the organization of the two Houses, communicated his annual message. It had been looked for with great interest and with varying speculations as to its character. It was expected, and as the event proved with good reason, that it would affect the relation of parties in the Northern States; that it would produce ill-feeling between the President and the Republicans, who had chosen him; and that it would lead, with equal certainty, to a tender of support from the Democrats who had hitherto opposed him. But Mr. Johnson had evidently resolved to exhibit a spirit of calmness and firmness in his official communication, and, while steadily maintaining his own ground, to avoid all harsh words that might give offense to those who differed from him.

The moderation in language and the general conservatism which distinguished the message were perhaps justly attributed to Mr. Seward, who had no doubt hoped, by kindly words of conciliation, to avert the threatened break in the ranks of the Republican party. Mr. Seward had never in his Congressional career been a compromiser, but he now worked most earnestly to bring about an accommodation between the Administration and Congress. His argument was the one skillfully employed by all who seek an adjustment between those who ought to be friends: Let each party give way a little; let a common ground of action be established; and, above all, let the calamity of a party division be averted.

The President in his message dwelt at some length in a tone of moderation upon the condition of affairs in the South. He saw before him but two modes of dealing with the insurrectionary states,--one was "to bring them back into practical relations with the Union;" the other was to "hold them in military subjection." . . . "Military government," said the President, "established for an indefinite period, would offer no security for the suppression of discontent, would divide the people into the vanquishers and the vanquished, and would envenom hatred rather than restore affection. . . ." The President set forth the danger of permanent arbitrary rule. "Once established, no precise limit to the continuance of the military governments is conceivable. They would occasion an incalculable and exhausting expense. Peaceful emigration would be prevented, for what emigrant abroad, what industrious citizen at home, would willingly place himself under military rule?"--"Besides," asked the President, "would not the policy of military rule imply that the States whose inhabitants may have taken part in the rebellion have, by the act of those inhabitants, ceased to exist? whereas the true theory is, that all pretended acts of secession were from the beginning null and void." The President then briefly explained how he had proceeded in the appointment of provisional governors, the calling of conventions, the election of civil governors and Legislatures, the choosing of senators and representatives in Congress,--compactly sketching the progress of events from the date of his accession until the date of the message.

Discussing his proposed policy he said with great frankness, "I know very well that for its success it requires, at least, the acquiescence of those States which it concerns; that it implies an invitation to those States, by renewing their allegiance to the United States, to resume their functions as States of the Union; but it is a risk that must be taken, and in the choice of difficulties, it is the smallest risk." He urged very earnestly the adoption of the Thirteenth Amendment in order that the negro should be freed, and with equal strength maintained that, as respected the qualifications for suffrage in each of the States "the General Government should not interfere, but leave that matter where it was originally left,--in the Federal Const.i.tution." But the most partial friend of the President could hardly claim that he frankly communicated the proceedings or the spirit of the Southern conventions and Legislatures. He chose to ignore that subject, to hide it by fluent and graceful phrase from public criticism, and thus to keep from the official knowledge of Congress the most important facts in the whole domain of reconstruction. It was a great mistake in the President to pa.s.s over this subject in silence. Such a course enforced one of two impressions, either of which was hurtful to him. He must, according to the common understanding of Congress, have thought the character of Southern legislation so offensive that he could find no excuse for it and therefore would not mention it; or he must have regarded it as outside the line of his observation and beyond the pale of his power of review. Either construction was bad, but the second and more probable one was especially offensive.

The leading men of the Thirty-ninth Congress were mainly those of the Thirty-eighth, though there had been a few important changes. The eminent senator from Vermont, Jacob Collamer, died on the 9th of November (1865); and Luke P. Poland, afterwards a member of the House of Representatives, appeared as his successor. Mr. Solomon Foot, who announced Judge Collamer's death, survived him but a few months. On the 28th of March Mr. Sumner announced his death to the Senate; and eight days later--on the 5th of April (1866)--George F. Edmunds was sworn in as his successor. His first speech was in eulogy of his predecessor. Mr. Edmunds rose rapidly to prominence in the Senate and after the habit of his State has been maintained for a long period in his position.

Honorable James Guthrie of Kentucky, who had been Secretary of the Treasury under President Pierce, now entered the Senate as the successor of Lazarus W. Powell. He was a man of strong parts, possessing a steady industry and thrift not common to the South. He had for many years occupied a commanding financial position in the South-West. Richard Yates, the War Governor of Illinois, displaced William A. Richardson, the intimate friend of Douglas. John P. Hale gave way to Aaron H. Cragin. In recognition of Mr. Hale's ability and long and faithful public service, Mr. Lincoln nominated him to the Spanish Mission. John A. J. Creswell came from Maryland as the successor of Anthony Kennedy. George H. Williams, a Republican, came from Oregon to take the place of Benjamin F. Harding, a Democrat. John P. Stockton of New Jersey, a Democrat, took the place of John C. Ten Eyck, a Republican. Samuel J. Kirkwood entered as the successor of James Harlan to fill his unexpired term, and performed a somewhat unusual service in presenting the credentials of James Harlan as his successor for the first full term, beginning March 4, 1867. This was the first appearance of Mr. Kirkwood in the National field, though he had long been well known for honorable and eminent service in his State.

In the House the changes were more significant than in the Senate.

Gilman Marston entered anew, having been absent serving with great credit as a brigadier-general in the war. General Banks resumed the seat which he had left to accept the governorship of Ma.s.sachusetts in 1857. His checkered and remarkable career, both civil and military, during the eight intervening years had greatly increased his reputation. Henry C. Deming of Connecticut entered fresh from the field of war, choosing a political life rather than a return to literary labor. New York was greatly strengthened in her delegation.

Roscoe Conkling resumed the seat which he had lost in the political reverses of 1862. Among the new members were Henry J. Raymond, the able founder and editor of _The New-York Times_, Robert S. Hale, who became at once distinguished in the arena of debate, and Hamilton Ward, afterwards Attorney-General of his State. These additions gave to the delegation a prestige which its numbers did not always secure.

John H. Ketcham, who had attained the rank of brigadier-general by successful service in the field, took his seat in this Congress, destined to hold it for a long period, destined also to exert large political influence without ever once addressing the House of Representatives or an a.s.sembly of the people. Reuben E. Fenton, after long and able service in the House, was now transferred to the gubernatorial chair of his State.

Three new men of note entered from Pennsylvania--John M. Broomall, an independent thinker and keen debater, inflexible in principle, untiring in effort; Ulysses Mercur, whose learning as a lawyer and whose worth as a man have since received their reward in a promotion to the Supreme Bench of his State; George V. Lawrence, one of the best known and most sagacious political leaders of Western Pennsylvania, inheriting his capacity from his honored father, Joseph Lawrence, who died during his membership of the Twenty-seventh Congress. John L.

Thomas, junior, entered as the representative of the city of Baltimore; and the venerable Francis Thomas returned from his hermitage and his weird life in the Alleghanies.

Ohio grew even stronger than before, and her delegation was again recognized as the leading one of the House. Samuel Sh.e.l.labarger, John A. Bingham and Columbus Delano re-entered with reputation already established by previous service in Congress. William Lawrence, a conscientious legislator and careful lawyer, entered from the Bellefontaine District. Martin Welker, since promoted to the bench in his State, came from the Wooster District. One of the Cincinnati districts was represented by Benjamin Eggleston, a man of great force and energy; and the other, by a modest man, without experience in legislation, but who had been a good and true soldier in the war for the Union and was highly esteemed by his neighbors. He did not take an active part in Congress, but was destined to a prominence of which he little dreamed--Rutherford B. Hayes.

The Indiana delegation was strengthened on the Democratic side by the return of William E. Niblack, who had made a good record in the Thirty-seventh Congress, and by the entrance of Michael C. Kerr, who served for a long period and ultimately became Speaker of the House.

Messrs. Julian, Orth, and Dumont were again elected. The last-named had made a reputation in the preceding Congress as a keen and able man. The Illinois delegation, which had contained a large majority of Democrats in the Thirty-eighth Congress, now returned strongly Republican,--Mr.

Lincoln's victory of 1864 having, with three exceptions, carried with it every Congressional district. Four men of marked characteristics were among the new members of the delegation, one of whom was already widely known: the three others were destined to become so in different degrees--John Wentworth, Shelby M. Cullom, Burton C. Cook, and Jehu Baker. Wentworth had been in the House as a Democrat prior to the war, having represented the Chicago District continuously from March 4, 1843 to March 4, 1851; and again from March 4, 1853 to March 4, 1855. He was endowed by nature with a mind as strong as his body, and that was of t.i.tanic proportions. He was an ardent partisan in behalf of any cause he espoused; was willful, aggressive, and dominating. He was, at the same time, genial and kindly in many relations of life, not without gifts of both wit and humor, and courageous to the point of absolute fearlessness. He had been well educated at Dartmouth College in his native State, and long practice had made him a dangerous antagonist in debate. He had been an intense Democrat, but he refused to join Douglas in the repeal of the Missouri Compromise, and subsequently united with the Republicans.--Shelby M. Cullom, with good natural parts and sound education, amiable, pleasing, and endowed with the gracious quality which attracts and holds friends, won his way promptly in the House and gave early promise of the success which afterwards elevated him to the governorship of Illinois, and thence transferred him to the Senate of the United States.--Burton C. Cook was recognized as an able lawyer from the beginning of his service. He constantly grew in influence and strength during the eight years of his continuous membership, and at its close returned to the bar with an enviable reputation and with the a.s.surance of that eminent success which has since attended his professional career.--Jehu Baker was a man of peculiarities, not to say oddities, of bearing; but these did not conceal his worth and ability, nor r.e.t.a.r.d the growing reputation which has since retained him in a diplomatic position.

Missouri, then under the control of the Republican party, included in her delegation Robert T. Van Horn, a Pennsylvanian by birth, who had borne a conspicuous part in the contest with the disloyal elements of the State of his adoption; and John Hogan, a genial Irish Democrat from the St. Louis District. The Michigan delegation was the same as in the Thirty-eighth Congress, with the exception of Thomas W. Ferry, who now entered for the first time, and Roland E. Trowbridge, who had served in the Thirty-seventh Congress. The Iowa delegation was the same as in the Thirty-eighth Congress,--a very able body of men with growing influence in the House. The Wisconsin delegation was also in large part the same. But the new members were men of note. Among them were Halbert E. Paine and Philetus Sawyer. General Paine had served with distinction in the war and had lost a leg in battle. He was a lawyer in full practice, a man of the highest integrity, without fear and without reproach. Born in the Western Reserve, he was radical in his views touching the slavery question and progressive in all matters of governmental reform.--Philetus Sawyer was a native of Vermont, who, when a young man, had emigrated to Wisconsin. Without early advantages, either of education or fortune, he was in the best sense of the phrase a self-made man. He engaged in the business of lumbering and by sagacity had acquired wealth. It is easy to supply superlatives in eulogy of popular favorites; but Mr. Sawyer, in modest phrase, deserves to be ranked among the best of men,--honest, industrious, generous, true to every tie and to every obligation of life. He remained for ten years in the House, with constantly increasing influence, and was afterward promoted to the Senate. California sent an excellent delegation--McRuer, Higby, and Bidwell; and West Virginia contributed a valuable member in the person of Chester D. Hubbard.

The members of the House had been elected in 1864--borne to their seats by the force of the same popular expression that placed Mr. Lincoln in the Presidential chair for a second term. It is scarcely conceivable that had Mr. Lincoln lived any serious differences could have arisen between himself and Congress respecting the policy of reconstruction.

The elections of 1865, held amid the shouts of triumph over a restored union, went by default in favor of the Republicans, who were justly credited with the National victory so far as any one political party was ent.i.tled to such honor. The people had therefore given no expression, in any official or registered form, touching the policy outlined by Mr. Johnson. He was the duly-elected Vice-President. He had come to the magistracy in presumed sympathy and close affiliation with the Republicans whose suffrages he had received. All beyond these facts was surmise or inference. No one knew any thing with precision respecting the new President's intentions.

He undoubtedly had control of an enormous public patronage. The Peace establishment of the Army, it was thought at that time, would not be less than seventy-five regiments, and this, with the necessary staff, would give to him the appointment of nearly two thousand officers without disturbing the commissions of those already in the regular service. A like increase was expected in the naval establishment.

The internal-revenue system, devised for the support of the war, was all-pervasive in its character, and required for its administration a great number of officers and agents, all removable and appointable at the pleasure of the Executive. The customs' service was correspondingly large, having grown immensely during the war. In proportion to the population of the country there never had been, there has never since been, and perhaps there will never again be, so vast an official patronage placed at the absolute disposal of the President.

Public opinion, which has in later years tended to restrain the Executive Department from the personal use of the patronage of the Government, did not at that time exert a perceptible influence in this direction. The maxim originating with William L. Marcy, but frequently attributed to President Jackson, that "to the victor belong the spoils," was then held in full honor; and though it was deprecated by many and openly opposed in Congress by a few, it was acquiesced in by the vast majority and was the rule and practice of the National Administration. The patronage placed a formidable weapon in the hands of the President which could be so used as to annoy or help every Republican representative in Congress,--so used, indeed, as to prevent the election of many who were peculiarly offensive to Mr. Johnson. He had been reared in the Democratic school of proscription, and had measured the force and indulged in the use of patronage throughout all his political life in Tennessee. Though a man of the strictest personal integrity, he had apparently no scruples on this subject, but believed that the patronage of the Government might be honestly used to build up his own political power. When he entered political life he imbibed this doctrine from the teachings of President Jackson; he afterwards received its advantage under Van Buren; he aided in its enforcement under Polk; and when a senator, during the Administration of Buchanan, he witnessed its prodigious power in the overthrow of Douglas as a Presidential candidate, though a large majority of the rank and file of his party desired his nomination. While the Democratic ma.s.ses were, in fact, clamorous for Douglas, he was defeated by combinations brought about through the active instrumentality of United-States district attorneys, collectors, marshals, and their deputies--all acting, as they had good reason to know, in harmony with the wishes of the Administration from whose favor they had received their places.

The Republicans of the loyal States, whose convictions and whose prejudices were strongly developed by the controversy between the President and Congress, had grave apprehensions as to the ultimate issue. At various times during the fifteen years preceding the war, they had seen men of strong anti-slavery professions, with strong anti-slavery const.i.tuencies, "palter in a double sense" when intrusted with the duties of a representative in Congress, and fall from the faith, influenced by what were termed the blandishments of power, or as was sometimes more plainly said, corrupted by the gifts of patronage. They had seen this results brought about by an Administration which the tempted and yielding representatives had been specially chosen to oppose. They had now double ground to fear that many more would prove treacherous to their professions of principle, since they could take refuge under the protection of an Administration chosen by their own party and still nominally professing to be Republican. The magnitude of the patronage at the President's disposal intensified the popular alarm; and the promptness with which a large proportion of those holding office echoed the President's sentiments and defended his policy, was taken as a signal that acquiescence therein would be the one condition upon which the honors and emoluments of public place could be enjoyed.

The great ma.s.s of loyal Republicans had descried a peculiar danger in the gentle, persuasive, insinuating words with which the President, in his annual message, sought to commend his policy. Phrasing of a specious type can deceive an individual far more easily that it can deceive a mult.i.tude of men. The quick comprehension of the people so far transcends that of a single person as to amount almost to the possession of a sixth sense. While the single person might be misled by fallacious statements and suppressions of truth by the President, the people discerned with keen precision the absolute facts of the case. They saw that the policy of the President was at war with the creed and the spirit of the Republican party, and that, if carried into effect, the legitimate fruits of the b.l.o.o.d.y struggle which had afflicted the Nation would be lost to posterity, the laws of humanity would be violated, and a fresh rebellion against National authority would be invited. The ancient maxim, that the voice of the people is the voice of G.o.d, is illogical in its direct statement, and like all adages it covers both a truth and an untruth. Its truth was now signally vindicated, when, against the authority of those in high places, against the instruction of those who had always before been trusted, the ma.s.s of the Republican party stood with heroic firmness for what they believed to be right. They stood against the seductions of patronage in the hands of the President whom they had elected, and against the eloquent pleadings of the Secretary of State who for ten years before the war had been their sagacious guide, their profound philosopher, their trusted friend.

It was this common instinct and prompt expression by the people which rescued Congress from the danger of injurious complication. The first test in the Senate, as to the solidity of the Republican party, was made on the 12th of December, when the resolution to form a select committee of reconstruction, pa.s.sed by the House on the first day of the session, came up for consideration. It was amended on the motion of Mr. Anthony, by striking out that portion of it which provided that no member should be received into either House from the so-called Confederate States until the report of the committee was received and acted upon. This was held to impinge on the power of each House to be the judge of its own elections, and was expunged by general consent.

On the propriety of the resolution thus amended a brief debate occurred, which to a certain extent enabled senators to define their position; and before it was concluded it was made evident that Mr.

Cowan of Pennsylvania, Mr. Dixon of Connecticut, and Mr. Doolittle of Wisconsin, would separate from the ma.s.s of their Republican a.s.sociates, would support the reconstruction policy of the President, and would ultimately become merged in the Democratic party. Mr. Norton of Minnesota not long afterwards became one of the supporters of the President, making a net loss of four to the Republican side of the chamber. The Senate, at that time, contained fifty members, twenty-five States being represented. Of this number the Democrats had but eleven. The loss of four still left the Republicans in possession of more than two-thirds of the seats in the Senate. The House had even a larger proportion of Republican members. These facts were destined to exert a wide and then unforseen influence upon the legislation of Congress and upon the political affairs of the country.

The House concurred promptly in the amendment which the Senate had made to the resolution providing for a joint committee on the subject of Reconstruction. It is not often that such solicitude is felt in Congress touching the membership of a committee as was now developed in both branches. It was foreseen that in an especial degree the fortunes of the Republican party would be in the keeping of the fifteen men who might be chosen. The contest, predestined and already manifest, between the President and Congress might, unless conducted with great wisdom, so seriously divide the party as to compa.s.s its ruin. Hence the imperious necessity that no rash or ill-considered step should be taken. Both in Congress and among the people the conviction was general that the party was ent.i.tled to the services of its best men. There was no struggle among members for positions on the committee; and when the names were announced they gave universal satisfaction to the Republicans. There was some complaint by the Democrats that they had only one representative upon the committee in the Senate and two in the House, but the relative strength of parties in both branches scarcely justified a larger representation of the minority.(1)

Even before the announcement of the names a great number of resolutions were offered in the House, intended to call forth expressions of opinion that should operate as instructions to the new committee, but none of them were of marked importance, except one indicating the p.r.o.nounced divergence of the two parties regarding the mode of reconstruction. Each political party, in such parliamentary declarations, seeks to get the advantage of the other and each is in the habit of overrating the importance of expressions in this form.

They are diligently contrived for catches and committals to be subsequently used in political campaigns, but it may well be doubted whether they ever produce substantial effect upon legislation or prove either gainful or hurtful in partisan contests. The practice is somewhat below the dignity of a legislative body, has never been resorted to in the Senate and might with great advantage be abandoned by the House.

The debate on Reconstruction, perhaps the longest in the history of National legislation, was formally opened by Mr. Thaddeus Stevens on the 18th of December (1865). He took the most radical and p.r.o.nounced ground touching the relation to the National Government of the States lately in rebellion. He contended that "there are two provisions in the Const.i.tution, under one of which the case must fall." The Fourth Article says that "new States may be admitted by the Congress into this Union." "In my judgment," said Mr. Stevens, "this is the controlling provision in this case. Unless the law of Nations is a dead letter, the late war between the two acknowledged belligerents severed their original contracts and broke all the ties that bound them together.

The future condition of the conquered power depends on the will of the conqueror. They must come in as new States or remain as conquered provinces." This was the theory which Mr. Stevens had steadily maintained from the beginning of the war, and which he had a.s.serted as frequently as opportunity was given in the discussions of the House.

He proceeded to consider the probable alternative. "Suppose," said he, "as some dreaming theorists imagine, that these States have never been out of the Union, but have only destroyed their State governments, so as to be incapable of political action, then the fourth section of the Fourth Article applies, which says, 'The United States shall guarantee to every State in this Union a republican form of government.'" "But,"

added he, "who is the United States? Not the Judiciary, not the President; but the sovereign power of the people, exercised through their representatives in congress, with the concurrence of the Executive. It means political government--the concurrent action of both branches of Congress and the Executive." He intended his line of debate to be an attack, at the very beginning, upon the a.s.sumption of the President in his attempt at Reconstruction. "The separate action of the President, or the Senate or the House," added Mr.

Stevens, "amounts to nothing, either in admitting new States or guaranteeing republican forms of government to lapsed or outlawed States." "Whence springs," asked he, "the preposterous idea that any one of these, acting separately, can determine the right of States to send representatives or senators to the Congress of the Union?"

Though many others had foreseen and appreciated the danger, Mr. Stevens was the first to state in detail the effect which might be produced by the manumission of the slaves upon the Congressional representation of the Southern States. He pointed out the fact that by counting negroes in the basis of representation, the number of representatives from the South would be eighty-three; excluding negroes from the basis of representation, they would be reduced to forty-six; and so long as negroes were deprived of suffrage he contended that they should be excluded from the basis of representation. "If," said he, "they should grant the right of suffrage to persons of color, I think there would always be white men enough in the South, aided by the blacks, to divide representation and thus continue loyal ascendency. If they should refuse to thus alter their election laws it would reduce the representation of the late slave States, and render them powerless for evil." Mr. Stevens's obvious theory at that time was not to touch the question of suffrage by National interposition, but to reach it more effectively perhaps by excluding the entire colored population from the basis of Congressional representation, until by the action of the Southern States themselves the elective franchise should be conceded to the colored population. As he proceeded in his speech, Mr.

Stevens waxed warm with all his ancient fire on the slavery question.

"We have," said he, "turned or are about to turn loose four million slaves without a hut to shelter them or a cent in their pockets. The diabolical laws of slavery have prevented them from acquiring an education, understanding the commonest laws of contract, or of managing the ordinary business of life. This Congress is bound to look after them until they can take care of themselves. If we do not hedge them around with protecting laws, if we leave them to the legislation of their old masters, we had better have left them in bondage. Their condition will be worse than that of our prisoners at Andersonville.

If we fail in this great duty now when we have the power, we shall deserve to receive the execration of history and of all future ages."

In conclusion Mr. Stevens declared that "Two things are of vital importance: first, to establish a principle that none of the rebel States shall be counted in any of the Amendments to the Const.i.tution, until they are duly admitted into the family of States by the law-making power of their conqueror; second, it should now be solemnly declared what power can revive, re-create and re-instate these provinces into the family of States and invest them with the rights of American citizens. It is time that Congress should a.s.sert the sovereignty and a.s.sume something of the dignity of a Roman Senate."

He denounced with great severity the cry that "This is a white man's Government." "If this Republic," said he with great earnestness, "is not now made to stand on solid principle, it has no honest foundation, and the Father of all men will still shake it to its centre. If we have not yet been sufficiently scourged for our national sin to teach us to do justice to all G.o.d's creatures, without distinction of race or color, we must expect the still more heavy vengeance of an offended Father, still increasing his afflictions, as he increased the severity of the plagues of Egypt until the tyrant consented to do justice, and when that tyrant repented of his reluctant consent and attempted to re-enslave the people, as our Southern tyrants are attempting to do now, he filled the Red Sea with broken chariots and drowned horses, and strewed the sh.o.r.e with the corpses of men. Sir, this doctrine of a white man's Government is as atrocious as the infamous sentiment that d.a.m.ned the late Chief Justice to everlasting fame, and I fear to everlasting fire."

The speech of Mr. Stevens gave great offense to the Administration. He had not directly a.s.sailed the President by name, and had even a.s.sumed to construe one of the paragraphs of the message as referring the question of reconstruction anew to Congress; but this a.s.sumption was simply for effect and was well known by Mr. Stevens to be unfounded.

The Administration did not misapprehend the drift and intention of Mr. Stevens, and its members saw that it was the first gun fired in a determined war to be waged against its policy and its _prestige_. They were especially anxious that its defense should not be undertaken by Democrats, or at least that Democrats should not take the lead in defending it. Mr. Stevens spoke on the 18th of December, and Congress had already voted to adjourn on the 21st for the Christmas recess. The Administration desired the Mr. Stevens's speech should not be permitted to go unanswered to the country and thus hold public attention until Congress should re-a.s.semble in January. It was important that some response be made to it at once; and Mr. Henry J. Raymond, widely known to the political world but now in Congress for the first time, was selected to make the reply.

In a political career that was marked by many inconsistencies, as consistency is measured by the party standard, with a disposition not given to close intimacies or warm friendships, Mr. Raymond had continuously upheld the public course of Mr. Seward, and had maintained a singular steadiness of personal attachment to the ill.u.s.trious statesman from New York. On the other hand, he was the rival of Horace Greeley in the field of journalism and had become personally estranged from the founder of the _Tribune;_ though in his early manhood he had been one of his editorial a.s.sistants. The fact that the _Tribune_ was against the Administration would of itself dispose Mr. Raymond to support it. But aside from this consideration, the chivalric devotion of Mr. Raymond to Mr. Seward would have great weight in determining his position in the pending conflict. Mr. Seward's committal to the policy and the a.s.sault upon it by the _New-York Tribune_ would therefore through affection on the one side and prejudice on the other, naturally fix Mr. Raymond's position. He had acquired wide and worthy fame as conductor of the _New-York Times_, had achieved a high reputation as a polemical writer, was well informed on all political issues and added to his power with the pen the gift of ready and effective speech.

On the twenty-fist day of December, the last day before the recess, Mr.

Raymond, desiring the floor, was somewhat chagrined to find himself preceded by Mr. Finck of Ohio, a respectable gentleman of the Vallandingham type of Democrat,--representing a political school whose friendship to the Administration at that time was a millstone about its neck. Mr. Raymond followed Mr. Finck late in the day, and could not help showing his resentment that the ground which the Administration intended to occupy should be so promptly pre-empted by the anti-war party of the country. "I have," said Mr. Raymond at the opening of his speech, "no party feeling which would prevent me from rejoicing in the indications apparent on the Democratic side of the House, of a purpose to concur with the loyal Administration of the Government and with the loyal majorities in both Houses of Congress in restoring peace and order to our common country. I cannot, however, help wishing, sir, that these indications in the preservation of our Government had come somewhat sooner. I cannot help feeling that such expressions cannot now be of as much use to the country as they might once have been. If we could have had from that side of the House such indications of an interest in the preservation of the Union, such heartfelt sympathy with the friends of the Government for the preservation of the Union, such hearty denunciations for all those who were seeking its destruction, while the war was raging, I am sure we might have been spared some years of war, some millions of money and rivers of blood and tears."

This utterance was sharpened and made significant by the manner and by the accent of Mr. Raymond. No more pointed rebuke, no more keen reproach (not intended for Mr. Finck personally, but for his party) could have been administered. What the Administration or especially what Mr. Seward desired, and what Mr. Raymond was to speak for, was Republican support; and the prior indors.e.m.e.nt of Mr. Johnson's position by the Democracy was a hinderance and not a help to the cause he had espoused.

Mr. Raymond's princ.i.p.al aim was to join issue with Mr. Stevens on his theory of _dead States_. "The gentleman from Pennsylvania," said Mr.

Raymond, "believes that what we have to do is to create new States out of this conquered territory, at the proper time, many years distant, retaining them meanwhile in a territorial condition, and subjecting them to precisely such a state of discipline and tutelage as Congress and the Government of the United States may see fit to prescribe. If I believed in the premises he a.s.sumes, possibly though I do not think probably, I might agree with the conclusion he has reached; but, sir, I cannot believe that these States have ever been out of the Union or that they are now out of the Union. If they were, sir, how and when did they become so? By what specific act, at what precise time, did any one of those States take itself out of the American Union? Was it by the ordinance of secession? I think we all agree that an ordinance of secession pa.s.sed by any State of the Union is simply a nullity because it encounters the Const.i.tution of the United States which is the supreme law of the land.

"Did the resolutions of those States," continued Mr. Raymond, "the declarations of their officials, the speeches of the members of their Legislatures, or the utterances of their press, accomplish the result desired? Certainly not. All these were simply declarations of a purpose to secede. Their secession, if it ever took place, certainly could not date from the time when their intention to secede was first announced. They proceeded to sustain their purpose of secession by arms against the force which the United States brought to bear against them. Were their arms victorious? If they were, then their secession was an accomplished fact. If not, it was nothing more than an abortive attempt--a purpose unfulfilled. They failed to maintain their ground by force of arms. In other words, they failed to secede."

Mr. Raymond's speech was listened to with profound attention, and evoked the high compliment of frequent interruptions from leading men on the Republican side of the House. Messrs. Schenck, Bingham and Spalding of Ohio, Mr. Jenckes of Rhode Island, and Mr. Kelley of Pennsylvania, all put pointed questions and were at once answered with undoubted tact and cleverness. Mr. Raymond was helped to a specious point by Mr. Niblack of Indiana, of which he made prompt and vigorous use, to the effect that the theory of Mr. Stevens, if carried to its legitimate consequences, would make those who resisted the Confederacy in the insurrectionary states guilty of treason to that power; and that therefore "we would be unable to talk of loyal men in the South. Loyal to what? Loyal to a foreign and independent power, which the gentleman from Pennsylvania was really maintaining the Confederacy for the time being to represent."

Immediately after the recess the Reconstruction debate was resumed, and an able speech made by Mr. Spalding of Ohio, reviewing the subject generally rather than specifically replying to Mr. Raymond.

Representing one of the districts of the Western Reserve (the most radical section of the United States), it is interesting to see what Mr. Spalding declared would be satisfactory to the ma.s.s of his const.i.tuents as conditions precedent to the re-admission of the rebel States. He laid down five requirements: _First_, "to give a qualified right of suffrage to the freedmen in the District of Columbia;"

_second_, to "so amend the Const.i.tution of the United States that people of color shall not be counted with the population in making up the ratio of representation in Congress, except in those States where they are permitted to exercise the elective franchise;" _third_, "to insert a provision in the Const.i.tution prohibiting nullification and secession;" _fourth_, "to insert a provision in the Const.i.tution prohibiting the repudiation of the National debt and also prohibiting the a.s.sumption of the rebel debt;" _fifth_, to provide in the Const.i.tution that "no person who has at any time taken up arms against the United States shall ever be admitted to a seat in the Senate or House of Representatives."

On the eighth day of January, two days after the re-a.s.sembling of Congress, Mr. Sh.e.l.labarger of Ohio specifically answered the speech of Mr. Raymond. He spoke with care and preparation, as was his habit.

He wasted no words, but in clear, crisp sentences subjected the whole question to the rigid test of logic. "I shall inquire," said Mr.

Sh.e.l.labarger, "whether the Const.i.tution deals with States. I shall discuss the question whether an organized rebellion against a government is an organized State in that government; whether that which cannot become a State until all its officers have sworn to support the Const.i.tution, remains a State after they have all sworn to overthrow that Const.i.tution. If I find it does continue to be a State after that, then I shall strive to ascertain whether it will so continue to be a Government--a State--after, by means of universal treason, it has ceased to have any const.i.tution, laws, legislatures, courts, or citizens in it."

"If, in debating this question," continued Mr. Sh.e.l.labarger, "I debate axioms, my apology is that there are not other questions to debate in Reconstruction. If," said he with well-timed sarcasm, "in the discussion, I make self-evident things obscure or incomprehensible, my defense shall be that I am conforming to the usages of Congress. I will not inquire whether any subject of this Government, by reason of the revolt, pa.s.sed from under its sovereignty or ceased to owe it allegiance; nor shall I inquire whether any territory pa.s.sed from under that jurisdiction, because I know of no one who thinks that any of these things did occur. I shall not consider, whether, by the Rebellion, any State lost its territorial character or its defined boundaries or subdivisions, for I know of no one who would obliterate these geographical qualities of the States. These questions, however much discussed, are in no practical sense before Congress."