History of the Thirty-Ninth Congress of the United States Part 2

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 s.p.a.ce 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 mult.i.tudes 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 a.s.surance, 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 Const.i.tution, 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, Ma.s.sachusetts, 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 Ma.s.sachusetts, as well as in the Representatives that const.i.tuted its members.h.i.+p.

The legislation relative to our vast unoccupied domain, having to pa.s.s 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 Ma.s.sachusetts, 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 Ma.s.sachusetts.

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 chairmans.h.i.+p of the Committee on Military Affairs was bestowed upon a major-general of volunteers from Ohio, Robert C. Schenck; while members.h.i.+p on the committee was given to a Connecticut colonel, Henry C. Deming; a New Hamps.h.i.+re 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 Ma.s.sachusetts, 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 pa.s.s through the ordeal of discussion. The process by which this committee was created will be described in the following chapter.

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 -- Pa.s.sage 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 Was.h.i.+ngton on the opening of the Thirty-ninth Congress, and demand recognition of their right to represent their const.i.tuents, all eyes were turned to observe the action which would be taken on the subject.

It was antic.i.p.ated 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 pa.s.s 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 a.s.sembled, 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 ent.i.tled 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 pa.s.sage 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 circ.u.mstances 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, Ka.s.son, 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, Sh.e.l.labarger, 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 pa.s.sed 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 pa.s.sed after a delay of several days, and at the end of a discussion of considerable length.

On the day following the pa.s.sage 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 readmit 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 a.s.surance 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 b.l.o.o.d.y 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 ent.i.tled 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 circ.u.mstances, it is due to the country that we should give them the a.s.surance that we will not thus hastily readmit to seats in the legislative bodies here the representatives of const.i.tuencies who are still hostile to the authority of the United States. I think that such const.i.tuencies are not ent.i.tled 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 Const.i.tution confides to each house separately. Each house is made, by the Const.i.tution, 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 pa.s.sed 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 pa.s.sed, 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 const.i.tutional 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 members.h.i.+p, have always been referred to the Judiciary Committee.